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भारत एसएमइ आि त पुन नमाण कं पनी िलिमटेड India SME Asset Reconstruction Co. Ltd. अनु योग सॉ टवेयर के िवकास और काया वयन के िलए ताव हेतु अनुरोध Request for Proposal For Development and Implementation of Application Software िनिवदा सं. / Tender No. ISARC/RFP/2015/002 िनिवदा जारी करने क ितिथ / Tender Issue Date May 11, 2015 पूव-बोली बैठक क ितिथ / Date of pre-bid meeting May 15, 2015, 3.00 pm बोली जमा करने क अंितम ितिथ / Last date for bid submission June 12, 2015, 3.30 pm िनिवदा बंद होने का समय / Tender Closing Time June 12, 2015, 3.30 pm तकनीक बोिलयां खोलने क ितिथ / Date of opening of Technical Bids June 12, 2015, 4.00 pm िनिवदा मू य / Tender Cost `1,000/- (Rupees One Thousand only) बयाना जमा रािश / Earnest Money Deposit `1,50,000/(Rupees One Lakh Fifty Thousand only) भारत एसएमइ आि त पुन नमाण कं पनी िलिमटेड १००४, १०व मंिजल, नमन के , लॉट सं. सी-३१, जी लॉक, बां ा कु ला कॉ ले स, बां ा (पू.), मु बई – ४०० ०५१ INDIA SME ASSET RECONSTRUCTION CO. LTD. 1004, 10th Floor, Naman Centre Plot No. C-31, ‘G’ Block, Bandra Kurla Complex, Bandra (E), Mumbai – 400 051 RFP for Development and Implementation of Application Software This page has been left blank intentionally. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 2 of 81 RFP for Development and Implementation of Application Software मह वपूण सूचना / Critical Information (आर एफ पी सं.: आइसाक/आरएफपी/ २०१५/००१ द. मई ११, २०१५) (RFP No: ISARC/RFP/2015/002 dated May 11, 2015) .सं. S. No. काय म / Events 1 पूव-बोली बैठक के िलए प ीकरण माँगने क अंितम ितिथ / Date समय / Time मई १४, २०१५ May 14, 2015 3:00 p.m. प ीकरण नह दया जाएगा) Pre Bid meeting (no clarifications would be given after pre-bid meeting) मई १५, २०१५ May 15, 2015 3:00 p.m. 3 बोली जमा करने क अंितम ितिथ / Last date for submission of bids जून १२, २०१५ June 12, 2015 3:30 p.m. 4 िनिवदा बंद होने क ितिथ व समय / Tender closing date & time जून १२, २०१५ June 12, 2015 3:30 p.m. 5 बोली जमा करने का पता / Address for Bid उप. महा बंधक, Submission भारत एसएमइ आि त पुन नमाण कं पनी िलिमटेड, ितिथ / Last date for seeking clarifications for pre-bid meeting 2 पूव-बोली बैठक (पूव-बोली बैठक के बाद कोई भी १००४, १०व मंिजल, नमन के , लॉट सं. सी-३१, जी लॉक, बां ा कु ला कॉ ले स, बां ा (पू.), मु बई – ४०० ०५१ Deputy General Manager, India SME Asset Reconstruction Co. Ltd., 1004, 10th Floor Naman Centre, Plot No. C – 31, G Block, Bandra Kurla Complex, Bandra (E), Mumbai – 400 051 Phone : 022 2675 2600 Fax : 022 2675 2699 6 पूव-यो यता पा ता मू यांकन एवं तकनीक बोली खोलने क ितिथ व समय / Date & Time of Opening of Pre-qualification Eligibility Evaluation & Technical Bid जून १२, २०१५ June 12, 2015 7 वािणि यक बोली खोलने क ितिथ व समय / Date बाद म सूिचत कया जाएगा and time of opening of commercial bids To be intimated at a later date 8 बोली क वैध ता / Bid Validity 9 बोलीदाता ारा क जाने वाली तुितयाँ Presentations to be made by bidders 4.00 pm बोली तुत करने क अंितम ितिथ से ९० दन 90 days from the last date of bid submission. / बोलीकता उस अविध के दौरान आइसाक के कायालय म तुतीकरण करगे। बोिलयाँ खोलने के बाद और तकनीक मू यांकन के समय बोलीकता के तुतीकरण का समय उ ह बाद म सूिचत कया जाएगा। The bidders are required to arrange for Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 3 of 81 RFP for Development and Implementation of Application Software .सं. S. No. काय म / Events ितिथ / Date समय / Time presentation at ISARC’s office during the period. The schedule of presentation by Bidders will be advised by ISARC subsequently after opening the bids & during the technical evaluation. 10 आइसाक ी. जी. संपत कु मार 022-2675 2603, [email protected] अिधका रय के (उ.म. .) संपक िववरण Shri G. Sampath Kumar Contact details of (DGM) ISARC ी. भु पी. officials ए.वी.पी. (प रचालान) 022-2675 2608, [email protected] Shri Prabhu P. AVP (Operations) ************ Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 4 of 81 RFP for Development and Implementation of Application Software Notice This document is the property of India SME Asset Reconstruction Company Limited (ISARC). It may not be copied, distributed or recorded on any medium, electronic or otherwise, without ISARC’s written permission. Use of contents given in this document, even by the authorized personnel / agencies for any purpose other than the purpose specified herein, is strictly prohibited as it shall amount to copyright violation and thus shall be punishable under the Indian law. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 5 of 81 RFP for Development and Implementation of Application Software Important Terms Some terms have been used in the document interchangeably for the meaning as mentioned below: ‘Company’ means ‘India SME Asset Reconstruction Company Limited’. ‘Bidder’ means the respondent to the RFP document. ‘Successful Bidder’ refers to the bidder who gets selected by ISARC after completion of evaluation process. ‘Service Provider’ refers to the successful bidder who provides the services to the company after the contract is awarded by the company, also abbreviated as ‘SP’. ‘RFP’ or ‘Tender’ means the Request for Proposal document ‘DC’ means Data centre, ‘DR’ means Disaster Recovery site ‘Bid’ may be referred to as ‘Offer’. Glossary Acronym AMC ATS BG DR EMD MAF OEM PBG SLT CMM Description Annual Maintenance Contract Annual Technical Support Bank Guarantee Disaster Recovery Earnest Money Deposit Manufacturer’s Authorization Form Original Equipment Manufacturer Performance Bank Guarantee Service Level Targets Capability Maturity Model Annexure / Appendix Details Annexure / Appendix Number Annexure–I Annexure–II Annexure–III Annexure–IV Annexure–V Annexure–VI Annexure–VII Annexure–VIII Annexure–IX Annexure–X Annexure–XI Annexure–XII Annexure–XIII Annexure–XIV Annexure–XV Annexure–XVI Annexure–XVII Tender No.: ISARC/RFP/2015/002 Description Bid Covering Letter General Information about Bidder Pre-qualification / Eligibility Evaluation Technical Bid Commercial Bid Software Functionality Parameters Declaration Regarding Clean Track Record Statement of Deviations Letter of Competence Power of Attorney Performance Bank Guarantee Letter of Conformity EMD / Bank Guarantee in Leiu of EMD Non-Disclosure Agreement Bank Mandate Form Undertaking of Authenticity Manufacturer’s Authorization Form (MAF) Private and Confidential Page 6 of 81 RFP for Development and Implementation of Application Software Table of Contents 1. INTRODUCTION AND DISCLAIMERS............................................................................................10 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 2. RFP RESPONSE ............................................................................................................................13 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 3. ABOUT ISARC ....................................................................................................................................... 17 IT INFRASTRUCTURE ............................................................................................................................... 17 BUSINESS APPLICATIONS ........................................................................................................................ 17 PRESENT BUSINESS SCENARIO ................................................................................................................. 17 DISASTER RECOVERY SITE ...................................................................................................................... 18 PROJECT SCOPE ..........................................................................................................................19 4.1 4.2 4.3 4.4 4.5 4.6 4.7 5. BID PRICE ............................................................................................................................................... 13 EARNEST MONEY DEPOSIT (EMD) .......................................................................................................... 13 BID SUBMISSION CLOSING D ATE ............................................................................................................. 13 RFP VALIDITY PERIOD ........................................................................................................................... 13 LATE RFP POLICY ..................................................................................................................................13 RECEIVING OF RFP RESPONSE ................................................................................................................. 13 REQUESTS FOR INFORMATION ................................................................................................................. 13 PRE-B ID MEETING ..................................................................................................................................14 DISQUALIFICATION .................................................................................................................................14 SELECTION PROCESS ............................................................................................................................... 14 DETAILS OF BIDS TO BE SUBMITTED ........................................................................................................ 15 IMPORTANT ............................................................................................................................................ 16 BACKGROUND ..............................................................................................................................17 3.1 3.2 3.3 3.4 3.5 4. PURPOSE OF RFP .................................................................................................................................... 10 INFORMATION PROVIDED ........................................................................................................................ 10 DISCLAIMER ........................................................................................................................................... 10 COSTS TO BE BORNE BY RESPONDENTS .................................................................................................... 10 NO LEGAL RELATIONSHIP ....................................................................................................................... 11 RECIPIENT OBLIGATION TO INFORM ITSELF.............................................................................................. 11 EVALUATION OF OFFERS ......................................................................................................................... 11 ACCEPTANCE OF SELECTION PROCESS ..................................................................................................... 11 ERRORS AND OMISSIONS ......................................................................................................................... 11 ACCEPTANCE OF TERMS .......................................................................................................................... 11 REQUESTS FOR PROPOSAL ....................................................................................................................... 11 NOTIFICATION ........................................................................................................................................ 12 OBJECTIVE ............................................................................................................................................. 19 SCOPE OF WORK ..................................................................................................................................... 19 DEPLOYMENT ARCHITECTURE ................................................................................................................. 20 DELIVERABLES UNDER THE PROJECT SCOPE............................................................................................. 20 SUPPLY OF SOFTWARE ............................................................................................................................ 23 IMPLEMENTATION AND CUSTOMIZATION OF SOFTWARE ........................................................................... 23 ISARC’S REQUIREMENTS ....................................................................................................................... 23 TERMS AND CONDITIONS ............................................................................................................29 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 GENERAL ............................................................................................................................................... 29 COMMERCIAL BID................................................................................................................................... 31 SERVICE DELIVERY .................................................................................................................................31 RULES FOR RESPONDING TO THE RFP ...................................................................................................... 32 BID SECURITY AND PERFORMANCE GUARANTEE ...................................................................................... 34 DELIVERY SCHEDULE ............................................................................................................................. 35 PENALTY CLAUSE ................................................................................................................................... 35 WARRANTY ............................................................................................................................................ 35 SERVICE LEVEL AGREEMENT .................................................................................................................. 36 EXPENSES ............................................................................................................................................... 37 TERMS OF PAYMENT ............................................................................................................................... 37 EXIT CLAUSE .......................................................................................................................................... 38 ANNUAL MAINTENANCE CONTRACT........................................................................................................ 39 Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 7 of 81 RFP for Development and Implementation of Application Software 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 6. ELIGIBILITY CRITERIA ..................................................................................................................46 6.1 6.2 6.3 7. ORDER CANCELLATION ........................................................................................................................... 39 INSURANCE ............................................................................................................................................ 39 UNDERTAKING OF AUTHENTICITY ........................................................................................................... 40 MANUFACTURER’S AUTHORISATION FORM (MAF) .................................................................................. 40 RULES FOR EVALUATION OF RESPONSES ..................................................................................................40 CONSORTIUM / SUB-CONTRACTOR .......................................................................................................... 41 CORRUPT AND FRAUDULENT PRACTICE ................................................................................................... 41 WAIVER ................................................................................................................................................. 41 VIOLATION OF TERMS ............................................................................................................................. 41 CONFIDENTIALITY ..................................................................................................................................42 IPR INFRINGEMENT ................................................................................................................................ 42 LIMITATION OF LIABILITY ....................................................................................................................... 42 RIGHTS TO VISIT ..................................................................................................................................... 42 AUDIT .................................................................................................................................................... 42 COMPLIANCE WITH STATUTORY AND REGULATORY PROVISIONS .............................................................. 43 TAXES AND DUTIES ................................................................................................................................ 43 RIGHT OF PUBLICITY ............................................................................................................................... 43 RESOLUTION OF DISPUTE ........................................................................................................................ 43 FORCE MAJEURE..................................................................................................................................... 44 INDEMNITY............................................................................................................................................. 44 PUBLIC PROCUREMENT POLICY ON MICRO AND SMALL ENTERPRISES (MSES) .......................................... 45 PRE-QUALIFICATION / ELIGIBILITY EVALUATION...................................................................................... 46 TECHNICAL BID ...................................................................................................................................... 46 COMMERCIAL BID................................................................................................................................... 47 EVALUATION METHODOLOGY.....................................................................................................48 7.1 7.2 7.3 7.4 7.5 7.6 EVALUATION PROCESS ............................................................................................................................ 48 PRELIMINARY EXAMINATIONS................................................................................................................. 48 EVALUATION OF PRE-QUALIFICATION / ELIGIBILITY EVALUATION ............................................................ 49 EVALUATION OF TECHNICAL BIDS ........................................................................................................... 49 EVALUATION OF COMMERCIAL BIDS AND SELECTION OF BIDDER .............................................................. 52 ARITHMETIC ERRORS CORRECTION ......................................................................................................... 52 ANNEXURE–I. BID COVERING LETTER ............................................................................................................ 53 ANNEXURE–II. GENERAL INFORMATION ABOUT BIDDER ..................................................................................... 54 ANNEXURE–III. PRE-QUALIFICATION / ELIGIBILITY EVALUATION ........................................................................ 55 ANNEXURE–IV. TECHNICAL BID......................................................................................................................... 56 ANNEXURE–V. COMMERCIAL BID ...................................................................................................................... 57 ANNEXURE–VI. SOFTWARE FUNCTIONALITY PARAMETERS ................................................................................. 60 ANNEXURE–VII. DECLARATION REGARDING CLEAN TRACK RECORD ..................................................................66 ANNEXURE–VIII. STATEMENT OF DEVIATIONS ................................................................................................... 67 ANNEXURE–IX. LETTER OF COMPETENCE ........................................................................................................... 68 ANNEXURE–X. POWER OF ATTORNEY ................................................................................................................. 69 ANNEXURE–XI. PERFORMANCE BANK GUARANTEE ............................................................................................ 70 ANNEXURE–XII. LETTER OF CONFORMITY .......................................................................................................... 73 ANNEXURE–XIII. EMD / BANK GUARANTEE IN LEIU OF EMD ............................................................................ 74 ANNEXURE–XIV. NON-DISCLOSURE AGREEMENT .............................................................................................. 76 ANNEXURE–XV. BANK MANDATE FORM ............................................................................................................ 77 ANNEXURE–XVI. UNDERTAKING OF AUTHENTICITY ........................................................................................... 79 ANNEXURE–XVII. MANUFACTURER’S AUTHORISATION FORM (MAF).................................................................80 ************ Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 8 of 81 RFP for Development and Implementation of Application Software This page has been left blank intentionally. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 9 of 81 RFP for Development and Implementation of Application Software 1. Introduction and Disclaimers 1.1 Purpose of RFP 1. This Request for Proposal document (“RFP document” or “RFP”) has been prepared solely to have a one point seamlessly integrated ERP application software to manage all business (Operational and administrative) functions of ISARC. Towards this end, ISARC proposes to shortlist bidders on techno commercial evaluation based on: a) Pre-qualification / Eligibility Evaluation b) Technical proposal c) Commercial proposal 2. Based on technical proposal, shortlisted bidders will be asked to present and demonstrate proposed software, which will also be one of the important criteria for selection. 3. This RFP document is not a recommendation, offer or invitation to enter into a contract, agreement or any other arrangement in respect of the services. The provision of the services is subject to observance of selection process and appropriate documentation being agreed between ISARC and any successful bidder as identified by ISARC after completion of the selection process. 4. The tender methodology being followed is under Three Bid System viz. 1) Prequalification / Eligibility Evaluation 2) Technical bid and 3) Commercial bid. 1.2 Information Provided 1. The RFP document contains statements derived from information that is believed to be relevant at the date 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 ISARC. Neither ISARC nor any of its employees, agents, contractors, or advisers gives any representation or warranty, express or implied, as to the accuracy or completeness of any information or statement given or made in this document. Neither ISARC nor any of its employees, agents, contractors, or advisers have carried out or will carry out an independent audit or verification exercise in relation to the contents of any part of the document. 1.3 Disclaimer 1. Subject to any law to the contrary and to the maximum extent permitted by law, ISARC and its officers, employees, contractors, agents, and advisers disclaim all liability from any loss or damage (whether foreseeable or not) suffered by any person acting on or refraining from acting because of any information including forecasts, statements, estimates, or projections contained in this RFP document or conduct ancillary to it whether or not the loss or damage arises in connection with any negligence, omission, default, lack of care or misrepresentation on the part of ISARC or any of its officers, employees, contractors, agents, or advisers. 1.4 Costs to be borne by Respondents 1. All costs and expenses incurred by Respondents in any way associated with the development, preparation, and submission of responses, including but not limited to; the attendance at meetings, discussions, demonstrations/ presentations, etc. and providing any additional information required by ISARC, will be borne entirely and exclusively by the Respondent. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 10 of 81 RFP for Development and Implementation of Application Software 1.5 No Legal Relationship 1. No binding legal relationship will exist between any of the Respondents and ISARC until award of contract and its acceptance by the Recipient. 1.6 Recipient Obligation to Inform Itself 1. The Recipient must conduct its own investigation and analysis regarding any information contained in the RFP document and the meaning and impact of that information. 1.7 Evaluation of Offers 1. Each Recipient acknowledges and accepts that ISARC may, in its sole and absolute discretion, apply whatever criteria it deems appropriate in the selection of bidder, not limited to those selection criteria set out in this RFP document. 2. The issuance of RFP document is merely an invitation of offers and must not be construed as any agreement or contract or arrangement nor would it be construed as any investigation or review carried out by a Recipient. The Recipient unconditionally acknowledges by submitting its response to this RFP document that it has not relied on any idea, information, statement, representation, or warranty given in this RFP document. 1.8 Acceptance of Selection Process 1. Each Recipient having responded to this RFP acknowledges have read, understood and accept the selection & evaluation process mentioned in this RFP document. The Recipient ceases to have any option to object against any of these processes at any stage subsequent to submission of its responses to this RFP. 1.9 Errors and Omissions 1. Each Recipient should notify ISARC of any error, omission or discrepancy found in this RFP document but not later than 10 (ten) working days prior to the due date for submission of bids. 1.10 Acceptance of Terms 1. Recipient will, by responding to ISARC for RFP, be deemed to have accepted the terms as stated in this RFP. 1.11 Requests for Proposal 1. Recipients are required to direct all communications related to this RFP, through the Nominated Point of Contact person: Contact Position Email Telephone Fax : : : : : Shri G. Sampath Kumar Deputy General Manager [email protected] +9122 2675 2603 +9122 2675 2699 2. ISARC may, in its absolute discretion, seek additional information or material from any Respondents after the RFP closes and all such information and material provided must be taken to form part of that Respondent’s response. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 11 of 81 RFP for Development and Implementation of Application Software 3. Respondents should provide details of their contact person, telephone, fax, email and full address(s) to ensure that replies to RFP could be conveyed promptly. These details should also be written/ printed without fail on each of the bids envelopes as well. 4. ISARC may, in its absolute discretion, engage in discussion with any Respondent (or simultaneously with more than one Respondent) after the RFP closes to improve or clarify any response. 1.12 Notification 1. ISARC will notify all short-listed Respondents in writing or by mail as soon as practicable about the outcome of their RFP response. ************ Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 12 of 81 RFP for Development and Implementation of Application Software 2. RFP Response 2.1 Bid Price 1. Non-refundable Bid Price of Rs. 1,000/- (Rupees One Thousand only) by way of Banker’s Cheque / Demand Draft / Pay Order drawn on a scheduled bank, favouring ‘India SME Asset Reconstruction Company Limited’, must be submitted separately along with RFP response. ISARC may, at its discretion, reject any Bidder where the bid price has not been furnished with the RFP response. 2.2 Earnest Money Deposit (EMD) 1. All the responses must be accompanied by a refundable interest free security deposit of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand only) in the form of Demand Draft / Banker’s Cheque drawn on a scheduled bank in favour of “India SME Asset Reconstruction Company Limited” payable in Mumbai or Bank Guarantee (BG) as per format prescribed in Annexure–XIII. No interest will be paid on EMD and it could be forfeited in case of default as per clause 5.5. 2.3 Bid Submission Closing Date 1. RFP Response should be received by ISARC not later than date and time mentioned in ‘Critical Information’ section above, at ISARC’s office premises. 2.4 RFP Validity Period 1. The Bids must remain valid and open for evaluation according to their terms for a period of 90 days from the last date of the submission of bids. 2.5 Late RFP Policy 1. Responses received after the due date / time i.e. bid submission date/ time would be considered late and may not be accepted or opened. Late received bids shall be returned un-opened within 02 weeks from the bid submission date. 2.6 Receiving of RFP Response 1. Receiving of RFP response will be recorded by ISARC in a ‘Bid Receipt Register’ kept for the purpose upon receiving the RFP response. The submission of the response should be in the format outlined in this RFP and should be submitted preferably through hand delivery. If the submission to this RFP does not include all the documents and information required or is incomplete or submission is through Fax mode, the RFP is liable to be summarily rejected. All submissions, including any accompanying documents, will become the property of ISARC. The Recipient shall be deemed to have licensed and granted all rights to ISARC to reproduce the whole or any portion of their submission for the purpose of evaluation 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 of the Recipient that may subsist in the submission or accompanying documents. 2.7 Requests for Information 1. Recipients are required to direct all communications for any clarification related to this RFP, to the designated ISARC officials and must communicate the same in writing by the time mentioned in ‘Critical Information’ section above. No query / clarification would be entertained over phone. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 13 of 81 RFP for Development and Implementation of Application Software 2. All queries relating to the RFP, technical or otherwise, must be in writing only and may be sent via email. ISARC will try to reply, without any obligation in respect thereof, every reasonable query raised by the Recipients in the manner specified. 3. However, ISARC will not answer any communication reaching ISARC later than the time stipulated for the purpose. 4. ISARC may in its absolute discretion seek, but under no obligation to seek, additional information or material from any Respondents after the RFP closes and all such information and material provided must be taken to form part of that Respondent’s response. Respondents should invariably provide details of their email address as responses to queries will be provided to all Respondents via email. 5. ISARC may in its sole and absolute discretion engage in discussion with any Respondent (or simultaneously with more than one Respondent) after the RFP closes, to clarify any response. 2.8 Pre-Bid Meeting 1. ISARC shall hold a pre-bid meeting on the date and time mentioned in ‘Critical Information’ section above. Purpose of the meeting is to bring utmost clarity on the scope of work and terms of the RFP being floated. The Bidders are expected to use the platform to have all their queries answered. No query will be entertained after the pre-bid meeting. 2. It would be the responsibility of the Bidders representatives (only one person per bidder) to be present at the venue of the meeting. 3. Clarification sought by bidder should be made in writing (Letter/e-mail etc.) and submitted on or before the date as indicated in the ‘Critical Information’ section. ISARC has discretion to consider any other queries raised by the bidder’s representative during the pre-bid meeting. 4. The text of the clarifications asked (without identifying the source of enquiry) and the response given by ISARC, together with amendment to the bidding document, if any, will be posted on the ISARC’s website (www.isarc.in) and Central Public Procurement Portal (CPPP) within 07 working days of the pre-bid meeting. However, it would be the responsibility of the bidder to check the websites before final submission of bids. 5. If ISARC, in its absolute discretion, deems that the originator of the question will gain an advantage by a response to a question, then ISARC reserves the right to communicate such response to all Respondents. 2.9 Disqualification 1. Any form of canvassing/ lobbying/ influence/ query regarding short listing, status etc. will result in a disqualification. 2.10 Selection Process 1. Successful Bidder will be selected through three bids evaluation process: a) Pre-qualification / Eligibility evaluation b) Technical evaluation c) Commercial evaluation Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 14 of 81 RFP for Development and Implementation of Application Software 2.11 Details of Bids to be Submitted 1. Bidders are required to submit their responses in three envelopes, with contents of each as under: Envelope No. I No. of Copies Bid Contents Pre-qualification / Eligibility Evaluation i. Bid Covering Letter as per format prescribed in Annexure–I ii. General Information about Bidder as per format prescribed in Annexure–II Label of Envelope Hardcopy –1 “Pre-qualification / Eligibility Evaluation for Development and Implementation of Application Software – RFP No.: ISARC/RFP/2015/002 dated May 11, 2015” Hardcopy –1 “Technical Bid for Development and Implementation of Application Software – RFP No.: ISARC/RFP/2015/002 dated May 11, 2015” Hardcopy –1 “Commercial Bid for Development and Implementation of Application Software – RFP No.: ISARC/RFP/2015/002 iii. Pre-qualification / Eligibility Evaluation as per format prescribed in Annexure–III iv. Declaration regarding clean track record, as per format prescribed in Annexure–VII v. Letter of Competence as prescribed in Annexure–IX per format vi. Power of Attorney as per format prescribed in Annexure–X vii. Letter of Conformity as per format prescribed in Annexure–XII viii. DDs/ Instruments/ BG as per format prescribed in Annexure–XIII, towards Bid Price & Earnest Money Deposit (EMD). ix. Non-Disclosure Annexure–XIV x. II Agreement as per Bank Mandate Form as per Annexure–XV Technical Bid i. Technical Bid – As per format prescribed in Annexure–IV ii. Software Functionality Parameters – As per format prescribed in Annexure–VI iii. Statement of Deviations as prescribed in Annexure–VIII per format iv. Undertaking of Authenticity as per Annexure– XVI v. Manufacturer’s Authorization Form (MAF) as per Annexure–XVII III Commercial Bid i. Commercial Bid as per format prescribed in Annexure–V Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 15 of 81 RFP for Development and Implementation of Application Software Envelope No. of Copies Bid Contents No. Label of Envelope dated May 11, 2015” 2. The above mentioned three separately sealed sub-envelopes should be put together in another master sealed envelope super-scribing “Bid for Development and Implementation of Application Software – RFP No.: ISARC/RFP/2015/002 dated May 11, 2015” 3. All the individual envelopes must be super-scribed with the following information as well: a) Name of the bidder, Contact Name, Number and e-mail id. 4. Bids should be enclosed with all relevant documentary proofs / certificates duly sealed and signed. 5. Envelope I & II should also contain softcopies of respective response documents. 2.12 Important 1. Bidders must take the following points into consideration during preparation and submission of bids: a) Authorized signatory must sign all the pages of the response. b) Relevant documents must be submitted as proof wherever necessary. All the pages must be sealed and signed by the authorized signatory of the respondent. c) Faxed copies of any submission are not acceptable and will be rejected by ISARC. d) Responses should be concise and to the point. Submission of irrelevant documents must be avoided. e) If the bids do not contain all the information required or is incomplete, the proposal is liable to be rejected. f) The RFP is hosted on ISARC website www.isarc.in and also on Central Public Procurement Portal (CPPP). ISARC reserves the right to change the dates mentioned above. Changes and clarification, if any, related to RFP will be posted on web site and CPPP. Bidders must have close watch on the website and CPPP during the intervening period before submitting response to RFP. ************ Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 16 of 81 RFP for Development and Implementation of Application Software 3. Background 3.1 About ISARC 1. India SME Asset Reconstruction Company Limited (ISARC) is an Asset Reconstruction Company (ARC) established under SARFAESI Act, 2002 as a specialized entity for NPA resolution. ARCs are established to acquire, manage and recover illiquid or Non-Performing Assets (NPAs) from Banks / FIs. This process would relieve the banking system of the burden of NPAs and would allow them to focus better on their core function of financing and development of new business opportunities so as to further strengthen the economy. ISARC endeavors to unlock the idle NPA assets for productive purposes which would facilitate greater and easier flow of credit from the banking sector to the MSMEs. Detailed information on the functions of ISARC is provided on the website www.isarc.in. 3.2 IT Infrastructure 1. Details of Present IT Infrastructure: Infrastructure Type 3.3 Details of Components Hardware There are no servers and day to day business work is done on Laptops and PCs Operating Systems Various versions of Windows Office Automation MS Office 2003 and above Business Applications 1. There is no integrated business application as of now. Routine office business is done using Microsoft office tools. 2. Accounts are maintained using TALLY software package. 3.4 Present Business Scenario 3.4.1 ISARC currently has following major business operations: a) Bidding for acquiring Non-Performing Assets b) Acquisition of NPAs from Banks / FIs & reconstructing them. c) Advisory services to Banks for their NPA management and resolution of NPAs by way of restructuring / compromise settlement. d) Recovery & SARFAESI Enforcement Agency services to Banks. e) Advisory & resolution services to distressed debt borrowers for resolution of their NPAs by way of restructuring / compromise settlement. 3.4.2 Business Process workflow outline a) Typical business model of ISARC is given below: Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 17 of 81 RFP for Development and Implementation of Application Software b) Detailed business process workflow is as under: i. Bank announces sale of NPA. ii. ISARC bids for acquiring NPAs after evaluating and analyzing the portfolio / NPA based on the Due Diligence report. iii. The acquisition may be either on Security Receipt (SR) basis or cash basis. If acquired on SR basis, a Trust is floated by ISARC as a Trustee. The Trust issues offer documents to investors for subscribing to the SRs of the Trust. The SRs are subscribed by ISARC and Seller Bank / Qualified Institutional Buyer (QIB) in the agreed ratio. iv. The NPA accounts are transferred by the Bank / Financial Institution to ISARC by way of assignment agreement. v. Post assignment, the assets acquired are resolved through various recovery measures like settlement with borrower, enforcement of security under SARFAESI Act, RDDBFI Act, restructuring/ reschedulement of dues, etc. vi. ISARC as a Trustee receives management fee from the Trust for managing the accounts based on the terms and conditions of Trust Deed / Offer Document. vii. The amount recovered after adjusting expenses and management fee are distributed to investors based on the terms and conditions of the offer document. 3.5 Disaster Recovery Site 1. In case a disaster recovery site is to be set up in future, bidder must assist in the set up of DRS. Details for the same would be worked out and finalized mutually. Scope for the same is not part of current Scope of Work. ************ Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 18 of 81 RFP for Development and Implementation of Application Software 4. Project Scope 4.1 Objective 1. Primary scope is that Bidder to have a readymade software product that can be modified and customized as per ISARC’s business requirement. This is not a full fledged development project. Main objective is to avoid ground up full development, and to have short gestation period (not more than 28-32 weeks from date of project initialization date) between start and production usage roll out. 2. ISARC is looking for delivery, installation, support and services as a single point solution. These would include: a) Delivery and installation of existing software of successful bidder at ISARC office location. b) Preparation of document on ‘changes required’ to meet ISARC requirement with reference to existing software of the bidder. This will be study phase where gaps between existing software and requirement of ISARC will be documented. c) Modification / customization as per document of ’changes required’ to meet ISARC’s requirement and final installation for production as per guidelines contained in subsequent paragraphs. d) ‘Study Phase’ would be done at ISARC office location along with designated ISARC officials. Development would be off site at bidder’s location. Installation of subsequent versions, post ’Gap Study’ would be at ISARC’s location on ISARC’s servers for testing and production usage. e) Supply, installation, configuration and set up of environmental software and tools like operating software systems (e.g. Windows server, etc.), RDBMS database software, middleware etc. Bidder will ensure that all licenses for environmental software legally licensed to ISARC. f) AMC support for application software for bug fixes, updates, incorporating additional changes in the software. g) Technical support and managed services for cluster of enterprise database servers, application servers / middleware servers. h) Comprehensive post implementation support. i) Hardware (Servers): Delivery and installation of servers. j) Antivirus software with ongoing continued updation for one year from the date of rollout. Freeware will not be accepted. 3. A list of Software Functionality Parameters is given at Annexure–VI to this document. All modules should be seamlessly integrated with screen layout and design in line with ISARC business process. It is expected that software meets all parameter requirements in the Annexure–VI. 4.2 Scope of Work General Requirements 1. The software should be object oriented and parameterized. The software should be developed on RDBMS database. 2. Major business policy parameters in the system should be configurable and modular i.e. it should be possible to configure the modules / add new modules by Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 19 of 81 RFP for Development and Implementation of Application Software adding more parameters in the base parameter list, selecting from the list of parameters, attaching them to the module, assigning different values. It should have sufficient flexibility to accommodate schemes and policy changes and variable business parameter changes. 3. The software should be workflow based and conform to ISARC business process. 4. The system should involve Maker-Checker policy where the maker can create and edit the document and the checker can only view the document. 5. Software should provide for various levels of access controls and user authentication. Operational controls / validations are also required to be built. 6. Reports as required by ISARC have to be developed, including MIS reports. 7. Identification of the user by user ID and corresponding password. Maker-checker level of security. 8. Presence of audit trails and logs in the system, which tracks various exceptions critical to the secure operation of the system. 9. Software should have System Administration module built in as part of application. It should provide facility for creation of users, granting and modifying its activity based roles, and changing the password. Also user should be able to change his own password. The provisions are required for grant/revoke the access rights at the application level for each task / activity of the application. User Activity can be assigned to tasks and activity matrix. 10. Module-wise detailed software functionality parameters are given in Annexure–VI. 4.3 Deployment Architecture 1. Architecture should support business operations of ISARC on RDBMS on three tier architecture with central database. Database, application/ middleware servers would be located in central Head office location of ISARC at Mumbai. Application users should be able to connect to central server from local / remote locations to use the application. 4.4 Deliverables under the Project Scope 1. Application software license, environmental software, deployment plan, costing etc. is to be done as per following: hardware sizing, a) No. of application users - 20 (System should be configured / designed in a manner to have scalability to increase number of user up to 50-75 and number of locations up to 10.) b) No. of locations: 2 (Mumbai Head office and Kolkata branch). Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 20 of 81 RFP for Development and Implementation of Application Software 4.4.1 Deliverables and scope of work (SOW) would include a) Installation of bidder’s existing version of application software on ISARC servers. (to be referred as Ver 1 for purpose of this RFP). b) Run-through of existing version and preparation of document on ‘changes required’ to meet ISARC requirement. This will be study phase in nature of gap analysis and required changes for modification/customization would be documented in the Solution Design Document. Changes must conform to the requirement mentioned in Annexure–VI as guideline. c) Incorporation of changes in existing software with required modification / customization. This will be off site activity at bidders’ location. d) Installation of next version with changes made as per solution design document on ISARC servers at ISARC office location (to be referred as ver 2 for purpose of this RFP). e) Testing of Ver 2 by ISARC users with handholding support from bidder. f) Rectification of any errors during testing (of Ver 2). g) Installation of final version (to be referred as ver 3 for purpose of this RFP) for integrated ‘User Acceptance Testing’ (UAT) by ISARC with handholding from Bidder. h) ‘User Acceptance Testing’ (UAT) sign off of final version 3. i) Supply and installation of environmental software and tools like operating software systems (e.g. Windows), RDBMS database software (e.g. Oracle database enterprise edition), Middleware (e.g. Oracle Weblogic server), etc. j) Supply and installation of antivirus software for the servers with ongoing arrangement updation. k) Staging, installation, configuration of database and middleware severs and installation of application software, initial set up of master data, etc. for production usage. l) Installation of final version for production usage on ISARC’s server. m) Post Implementation support and services: i. AMC Support services for application software including bug resolution, updation, bug fixes and security patches. ii. Managed services of enterprise database servers and application/ middleware servers for maintenance, tuning, configuration, etc. iii. Data backup and recovery including ongoing services for re-configuration, tuning, load balancing, replication, managing high availability, reliability and integrity features and re-aligning hard disk space etc. iv. In case of a crash during testing / production usage, re installation of OS, environment software (database, application, middleware, etc.), porting of data from back up and get the entire system up and running. n) Porting of existing legacy data of ISARC: Details of current data to be ported are as below: (This is approximate data as on date of this document. Actual data and size would be on the date of switch over to the new system): No. No. No. No. of loan accounts of trusts of voucher entries of General Ledger (GL) codes Tender No.: ISARC/RFP/2015/002 Private and Confidential : : : : 482 accounts 36 Trusts and ISARC 32,000 entries 4,000 codes Page 21 of 81 RFP for Development and Implementation of Application Software Currently data is in following formats: Accounts data – Tally Other data – Excel sheets Entire data from beginning of operations (since 2009) should be ported in the new system. o) User training will be required at ISARC’s office. p) Supply of hardware (Servers) 2. Bidders should also supply and deliver the servers required to run the application. They should do the hardware sizing for their application solution offered and give following details of servers required to run the application, in the technical proposal: a) Number of servers required b) Configuration and specification of each server 3. Hardware scope does not include following: a) Racks for housing the servers b) Networking hardware / equipment/ LAN set up, etc. c) Networking, cabling and site preparation (space for data centre, civil works, airconditioning, etc. will be responsibitily of ISARC. d) Any other network like leased lines, etc. e) UPS for the servers 4. Cost of the Hardware listed in technical bid and to be supplied is to be given as part of commercial bid as per format in this RFP. 5. Bidders can have back to back arrangement with branded and reputed hardware manufacturers for supply, support and AMC for servers. Such arrangement and scope of support should be clearly mentioned in the technical bid. ISARC may require a tripartite agreement to be signed between successful bidder, hardware supplier and ISARC at the time of final agreement to be signed for execution of the contract. 6. If bidder changes hardware manufacturer (supply source or brand of hardware) after being selected as successful bidder, following must be adhered to: a) If there is change in configuration due to change of supplier / brand, the new configuration should, at the minimum be NOT LOWER than the one mentioned in the bidders’ response to RFP, with respect to computing power, storage size and performance parameters. b) In case of escalation in cost due to change of Hardware supplier, the increase in cost will be borne by the bidder. ISARC will restrict the payment to the successful bidder only to the extent of prices quoted in the commercial proposal of successful bidder. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 22 of 81 RFP for Development and Implementation of Application Software 4.4.2 Solution Implementation Timelines Sr. No. 1 2 Project Phase Milestone Date of Completion A B 2 weeks from award of contract A+1 week C B+4 weeks D C+14 weeks E D+4 weeks F E+1 week 7 Project initialization Installation of Existing Software for Gap analysis Completion of Study phase and gap analysis / Business Process Re engineering Modification / Development of customized software on ISARC’s servers for User Acceptance Testing User Acceptance Testing and sign off of customized product Pilot Implementation and Acceptance Data Migration and Training G 8 Production roll out H To go on as parallel activity along with conduct of UAT and UAT sign off G+2 weeks 3 4 5 6 1. ISARC at its discretion may extend the times lines as and when necessitated. 4.5 Supply of Software 1. Bidder will deliver current version of the standard software and carry out modification / customizations based on the requirement arrived at during the study phase and documented in the Solution Design Document. These must conform to the requirement mentioned in the list of specifications and which conform the other terms and conditions mentioned for the product elsewhere in the document. 4.6 Implementation and Customization of Software 1. Bidder will implement and make available 100% features of all the products being purchased irrespective of what has been mentioned in the ‘Scope’ or ‘ISARC’s Requirement’ so that ISARC gains maximum benefit out of its investment made in this project. 2. Installation of the software (ensuring full functionality) on the servers to be supplied to ISARC which forms part of this RFP for the purpose will be the responsibility of Bidder. Bidder will also provide on-site support during Warranty / AMC period. In case ISARC needs to move the software / database to any other server in same or a different location, bidder should be able to move / re install the entire system on new servers at same or different location. 3. Bidder will ensure that any third party software component like windows, database (e.g. Oracle, etc), middleware software, etc supplied for use in conjunction with application software required for implementation of the application products are correctly licensed for use of ISARC. 4.7 ISARC’s Requirements 1. If not already available in the existing standard version of the bidder’s software product, the following specific requirements to address business process of ISARC are to be made available to ISARC as part of the implementation. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 23 of 81 RFP for Development and Implementation of Application Software 2. ISARC recognizes that requirement finalization is essential to the process of effective software upgrade and shall have a significant impact on success of ongoing operations. Therefore, a list of indicative requirements is listed below. It may be noted that the list is indicative only and not exhaustive. Irrespective of the requirements listed below, Bidder shall implement and make available 100% features of all the products (including customizations made at other Client site) being deployed at ISARC irrespective of what has been mentioned in the Scope so that ISARC gains maximum benefit out its investment in this project. An outline of requirement is given below: a) Acquisition Bid / process to acquire portfolio: i. Details of Bank / entity whose portfolio being acquired. ii. Bid details – Amount, total portfolio, arrangement (85:15 etc), Resolution period, Qualitative aspects etc. iii. Full details of portfolio at loan account level such as amount of loan outstanding, applicable interest rate, loan repayment schedule and period. iv. List of assets held for each account – to be entered in the system in a structured pre-defined format. This will be detailed listing of assets on which the lending institution / ISARC has lien. v. Bid details of other bidders – all parameters to be captured in a structured format. b) Details of successful bidder and Formation of Trusts i. Banks / entities from whom loans have been taken over: Details such as name of the bank, address of the bank, contact person details, purchase consideration, details of the account acquired along with outstanding dues, date of becoming NPA, securities available, details of promoters/guarantors and borrowers, name of the resolution agency (RA) and advocate handling the case. (One Trust can have funds of more than one Bank from whom portfolio is taken over). ii. Issue and management of Security Receipts (SRs) issued for each trust: Trust may issue SRs in the following manner: Series wise Type of SR i.e. Differential class or plain vanilla iii. Execution of Document: Assignment Agreement, Trust Deed and Offer Post acquisition formalities such as executing Assignment Agreement, Trust Deed and Offer Document have to complied with. Draft of such documents shall be given, only the blanks need to be filled. iv. Security details: Security details such as land and building, residential flats, plant and machinery, current assets, etc. along with the date wise valuation details (made by ISARC or prior to acquisition) should be tagged to the respective accounts. Detail of personal guarantee of borrowers and guarantors to be specified along with the contact details. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 24 of 81 RFP for Development and Implementation of Application Software v. Bifurcation of expenses: Post acquisition, expenses that are incurred in respect of the accounts acquired have to be allocated and apportioned to the respective cases on certain basis. Expenses may be bifurcated based on specific basis, zonal basis, purchase consideration basis, live accounts in each trust, etc. Once the account gets resolved, expenses should not be apportioned to that account (except specific expenses incurred on behalf of that account). vi. Bill wise details of Creditors: Provision for attaching the bills of creditors such as RAs and advocates should be made. Payments made to them should be readily available and should be tagged to the respective NPA. vii. MIS details: Various details such as recovery facilitated, expenses incurred, cost of acquisition, etc required by the officials at various points of time either trust wise or account wise for different purposes should be easily available. viii. Recovery Commission: Recovery commission is to be paid to the RA once recovery is facilitated in the account. Calculation of recovery commission is based on the Bench Mark Price (BMP) and terms of the facilitator agreement. The software should calculate the commission payable to the Agency on entering the BMP, recovery details and percentage of commission. ix. Calculation of Management Fees, Redemption, Interest on Fixed Deposits and Interest on Advances. x. Compliance with all the applicable laws: The software should comply with the statutory laws. Reminders may be given at the interval set for payment of statutory dues such as TDS, Service Tax, Profession Tax, etc. Also applicability of TDS and Service Tax along with rates, section and Deductee type should be entered. xi. Generation of Reports: Generation of internal review reports, RBI reports and Investors report on quarterly basis. c) Demographic Details of the Acquired Assets: i. Every acquired portfolio to be assigned a unique no. for reference across the system. ii. Name of trust formed to take over the loan portfolio (From Master list of trusts created in the system) iii. Details of company / entity that has been taken over. Details of group company, where applicable. (Company being taken over may be a part of Group Company with multiple loans.) iv. Each loan account to be linked to a company and company group. (One company can have multiple accounts). v. Correspondence details with change of address history vi. Details of contact persons vii. Promoters details viii. Share holding pattern Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 25 of 81 RFP for Development and Implementation of Application Software ix. Key person details x. Year-wise Balance sheet and P & L of the unit that has been taken over d) Recovery Operations: i. Visits and inspection of taken over units including the date of visit, name of the officials gone on visit, activities carried out during the visit, amount collected during the visit (if any), expenses incurred during the visit, follow up actions required. ii. Recovery Monitoring such as viewing the ‘receivables’ statement - with various combination of parameters like trust wise, location wise etc, issue demand notices at fixed frequency - for interest and principal (monthly / quarterly, etc), target setting for interest and principal recovery. iii. Recovery Collections follow up: Allocation of Loan Accounts to a recovery officer (Can be based on criteria like location, geographical area, outstanding amount range, etc). A number of loan accounts can be attached to a recovery officer. Listing of Accounts to be followed up based on criteria like last call, months in default, etc Follow up log by each officer Tele call follow up log Recovery visit log Summary of follow ups iv. Takeover by another entity e) Accounts – Integrated Loan Accounting and Corporate Financial Accounting: i. Creation of User Defined General Ledger and Sub Ledger accounts. Every GL can have multiple sub ledgers. ii. Accounting vouchers entry such as Receipts, Payments, JVs, RTGS/NEFT Transfers, etc. iii. Appropriation of loan re-payments received towards expenses, interest and principal. iv. Auto appropriation as per pre-defined policy of ISARC v. Manual appropriation vi. Listing of cheque returns vii. Bank Reconciliation viii. Loan Account Termination (On full payment) ix. Daily transaction listing (with combination of parameters like by GL code., from date to date, loan account wise etc) x. Account statement till last transaction entered , for any loan account xi. Demand notice generation for interest and principal xii. Loan Ledger for each account xiii. Bank book xiv. Cash book Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 26 of 81 RFP for Development and Implementation of Application Software xv. Preparation of final accounts f) Legal Modules: i. Legal documentation – Document check list for takeover of a unit ii. Legal Document check for each immovable security for every account iii. Monitoring Court cases: Cases filed by ISARC Cases filed against ISARC General or specific to Units taken over Tracking of cases: Listing court-wise, location / city wise Dates of hearing - date-wise, court-wise Advocate wise Court decisions Pendency at any stage with combination of courts, type of case, lawyer-wise etc. Appeals files Master list of panel advocates Lawyers’ fees – Due, paid and outstanding status g) Status of a Loan Account: i. On-line 360 degrees view of any account (taken over unit) covering all aspects e.g. Account status – Payments due, received, outstanding Performance of account - Pattern of payment with defaults Interest Rate History (Where different rates applicable at different dates) Cheque dishonours listing Review decisions Legal action details with history Current value of primary and collateral security List of assets held for an Account Reschedulement / Sale of assets of an account Personal / 3rd party guarantee details h) Business Analytics / Decision Support Systems: i. Data analytics in a proactive manner in all possible combinations of: Trusts Banks / institutions from which loans taken over Macro status of receivables and outflows Targets Vs performance in various areas of operation Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 27 of 81 RFP for Development and Implementation of Application Software MIS on accounts taken over and their performance based on industry, geographical area etc. Sale of acquired assets Collation and output of data in any combination required by the management Initial bid vs. actual profits made – for a unit, for a bank, for a trust etc. i) Pro Active Alerts: i. Pro active alerts on various aspects like: Amounts due and un paid in a timeframe Required activities to be performed for seizure and sale Court cases Any other activities that are time and target bound j) E- Workflow – Employee Interaction: i. Log of activities / interactions by employee / department/ group within ISARC With respect to a particular account General activities ii. Inter employee / inter department interaction log k) Others: i. Status of accounts, based on the Purchase Consideration, recovery, expenses, etc. ii. Attachment of important bills/documents to the respective account iii. Information to be available at one click iv. Pop up message and stop the user from proceeding further in case of mandatory requirement getting affected (such as debit does not equal to credit, etc), warning message on acceptable data (such as use journal voucher in case of payments, negative cash balance, etc.) v. Resolution Agency and advocate handling the account and latest status vi. Generation of reports as required by the officials (to be specified). ********** Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 28 of 81 RFP for Development and Implementation of Application Software 5. Terms and Conditions 5.1 General 1. The Bidder is expected to peruse all instructions, forms, terms and specifications in this RFP and its Annexures & Appendices. Failure to furnish all information required in the RFP Document, in the formats prescribed or submission of a proposal not substantially responsive or submission of unnecessary additional information or submission of confusing information as part of response to this RFP document may result in rejection of the bid. 2. At any time prior to the deadline for submission of Bids ISARC may, for any reason, whether at its own initiative or in response to a clarification requested by prospective Bidder(s), modify the RFP by amendment and same will be placed on ISARC’s website & Central Public Procurement Portal (CPPP) as corrigendum/ addendum for information of all prospective Bidders. 3. All such amendment shall become part of the RFP and same will be notified on ISARC’s website & CPPP. The Bidders are required to have a watch for any such amendment till the last moment before submitting the bid. 4. ISARC shall be under no obligation to accept the lowest or any other offer received in response to this RFP and shall be entitled to reject any or all offers including those received late or incomplete offers. ISARC reserves the right to make any changes in the terms and conditions. ISARC will not be obliged to meet and have discussions with any Bidder. However, ISARC, on the request of the bidders / interested agencies may furnish the reasons for rejecting a tender or non-issuing a tender document to a prospective bidder. 5. Information provided in this RFP is organized in several sections to bring clarity and help the reader to understand quickly. However, Bidder must take into consideration each and every line of this RFP document as a whole while preparing technical and commercial proposal for the project. Bidder must get the doubts, if any, clarified by ISARC before submitting the responses. The bids submitted should be complete in all respect meeting all deliverables under the project. It will be sole responsibility of the selected service provider to deliver each and everything as per the scope of the project during the contracted period. ISARC shall not be responsible in case of bidder’s failure to notice any information, any requirement is underestimated, not understood or any requirement is not interpreted in right direction during preparation/submitting the response. 6. ISARC reserves the right to extend the dates for submission of responses to this document with intimation on the ISARC’s website and CPPP. 7. Unless agreed to specifically by ISARC in writing for any changes to the RFP issued, the Bidders’ responses would not be incorporated automatically in the RFP document. 8. Unless expressly overridden by the specific agreement to be entered into between the ISARC and the successful Bidder, the RFP shall be the governing document for arrangement between ISARC and the Bidders. 9. ISARC reserves the right to change the required specifications and ask for the revised bids or cancel the process without assigning any reasons. 10. The scope of the proposal shall be on the basis of single point responsibility, completely covering all obligations and providing all deliverables and services required for successful implementation of the Software specified under this RFP, on end-to-end solution basis. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 29 of 81 RFP for Development and Implementation of Application Software 11. The Bidder shall promptly notify ISARC of any event or conditions, which might delay the completion of implementation work in accordance with the approved schedule and the steps being taken to remedy such a situation. 12. Depending on requirement, ISARC may decide to move any of the branches, Data Centre, Disaster Recovery Site, hardware items to any of its locations during the contract period. Service provider will continue to provide the respective services covered under this RFP at the new location without any extra cost. Travel cost to any site of ISARC for project related work may be reimbursed by ISARC as per mutually agreed terms. 13. Bidder should guarantee that the software and allied components used to service ISARC are licensed and legal. 14. The Bidder/ Service provider is obliged to give sufficient support to ISARC’s staff, work closely with ISARC’s staff, act within its own authority, and abide by directives issued by ISARC in terms of this RFP and subsequent purchased order/ contract. The Service provider is responsible for managing the activities of its personnel deployed at ISARC in connection with the services being rendered under this RFP and subsequent purchased order/ contract, and will be responsible for any misdemeanors. 15. The Bidder shall have the sole responsibility for fulfilling all obligations and providing all deliverables and services required for successful implementation of the Software. 16. The Bidder’s selection under this RFP document is on the understanding that this RFP contains only the broad provisions for the entire assignment. The Service provider shall be required to undertake to perform all such tasks, render requisite services and make available such resources on-site as may be required for/ incidental to the successful completion of the entire assignment. 17. ISARC shall be responsible for timely site readiness for installation of hardware and software. ISARC agrees that Bidder shall not be in any manner liable for any delay arising out of ISARC's failure to make the site ready within the stipulated period. 18. The Bidder shall be responsible for managing the activities of its personnel or the personnel of its subcontractors/ franchisees and will be accountable for both. The Bidder shall be vicariously liable for any acts, deeds or things done by their employees, agents, contractors, subcontractors, and their employees and agents, etc. which is outside the scope of power vested or instructions issued by ISARC. Bidder shall be the principal employer of the employees, agents, contractors, subcontractors etc. engaged by Bidder and shall be vicariously liable for all the acts, deeds or things, whether the same is within the scope of power or outside the scope of power, vested under the purchase contract to be issued for this RFP. 19. No right of any employment shall accrue or arise, by virtue of engagement of employees, agents, contractors, subcontractors etc. by the Bidder, for any assignment under the purchase order to be issued for this RFP. All remuneration, claims, wages, dues etc. of such employees, agents, contractors, subcontractors etc. of Bidder shall be paid by Bidder alone and ISARC shall not have any direct or indirect liability or obligation, to pay any charges, claims or wages of any of Bidder’s employee, agents, contractors, and subcontractors, etc. The Bidder shall hold ISARC, its successors, Assignees and Administrators fully indemnified and harmless against loss or liability, claims, actions or proceedings, if any, that may arise from whatsoever nature caused to ISARC through the action of its employees, agents, contractors, subcontractors etc. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 30 of 81 RFP for Development and Implementation of Application Software 20. After award of contract to the successful bidder, a detailed agreement will be entered into between ISARC and the successful bidder. In addition to other terms, the agreement will have clearly defined SLAs for post implementation support. 5.2 Commercial Bid 1. Currency – The Bidder is required to quote in Indian Rupees. 2. Tax & Octroi – The prices quoted would include all costs such as sales tax, VAT, custom duties, transportation, installation, service tax, education cess etc., that need to be incurred. However, Octroi/ entry tax, if any, would be paid as on actual on production of Octroi/ entry tax receipt (in original) in the name of ISARC. 3. While any increase in the rates of applicable taxes or impact of new taxes subsequent to the submission of commercial bid shall be borne by ISARC, any subsequent decrease in the rates of applicable taxes or impact of new taxes shall be passed on to ISARC in its favour. This will remain applicable throughout the contract period. 4. It would be bidder’s responsibility to identify and factor cost of each and every commercial item mentioned in this RFP document during submission of commercial bids. In case of any such item is left out and noticed after completion of commercial evaluation, the selected bidder (Service Provider) has to provide the services at its own cost. However, if anything is missed out by ISARC in the RFP document, ISARC would bear the additional expenditure to avail the services at the rate mentioned in the commercial bids of the Service Provider for similar such item. 5. The Commercial Bid should be submitted in the format prescribed in the RFP. Consideration of commercial bids, not submitted as per requisite format, will be at the discretion of ISARC. 5.3 Service Delivery 1. To meet ISARC’s requirements, as spelt out in the RFP, the Bidder must have the requisite experience in providing services in the field of Information Technology, the technical know-how, and the financial wherewithal that would be required to successfully provide the services sought by ISARC, for the entire period of the contract. 2. Selected bidder would be issued ‘Letter of Intent’ (LOI) / ‘Purchase Order’ (PO) on final selection and completion of internal approval formalities of ISARC. Immediately after the receipt, the Service provider must go through the same and give its acceptance by signing on all the pages of the duplicate copy of the LOI/ PO within the stipulated period. A detailed agreement for performance of contract would be entered into between ISARC and the successful bidder. 3. In addition to providing services as per service window defined in this RFP document, service provider is required to provide services beyond service window and on Sundays / Holidays in case of urgent requirement of ISARC without any extra cost. 4. The Bidder would align its expertise from its respective backend team to attend any critical technical issue as and when required. 5. Time would be the essence of this RFP and subsequent LOI/ PO issued/ placed with the Successful Bidder. Therefore, the Bidder must strictly adhere to the project milestones, failure to which will be considered as breach of the terms and conditions. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 31 of 81 RFP for Development and Implementation of Application Software 6. The Bidder undertakes to provide appropriate human as well as other resources required, to execute various tasks assigned as part of the project, from time to time. 5.4 Rules for Responding to the RFP 1. All responses should be in English language. All responses by the Bidders to this RFP document shall be binding on such Bidders till the bid validity. 2. All responses including commercial and technical bids would be deemed to be irrevocable offers/proposals from the Bidders and may, if accepted by ISARC, form part of the final contract between ISARC and the selected Bidder. Bidders are required to attach a ‘Letter of Competence’ from an authorized signatory attesting their competence and the veracity of information provided in the responses. Unsigned responses would be treated as incomplete and are liable to be rejected. Format of letter is given in Annexure–IX. 3. Any part of the response, either technical or commercial bid, submitted by the bidder cannot be withdrawn / modified after the last date for submission of the bids unless otherwise asked by ISARC. 4. ISARC reserves the right to call for any additional information and also reserves the right to reject the proposal of any Bidder, if in the opinion of ISARC, the information furnished is incomplete or the Bidder does not qualify for the contract. 5. The Commercial and Technical bids will have to be signed on all pages of the bid by the authorized signatory. Unsigned bids would be treated as incomplete and would be liable to be rejected. 6. The bidders should obtain necessary permissions and approval from the customers whose references have been given in their response, for undertaking site visits and or their obtaining feedback by ISARC. 7. The Bidder must submit the response in the formats mentioned in this RFP and same should be to the point. ISARC would be at discretion to reject the response of the bidder in case any part or whole of the response document is found to be partially or fully incomplete or confusing or misguiding or having irrelevant additional information. 8. Based on ISARC’s requirements as listed in this document, the Bidders should identify the best-suited software that would meet ISARC’s requirements and quote for the same. 9. The bidder shall represent and acknowledge to ISARC that it possesses necessary experience, expertise and ability to undertake and fulfill its obligations, under all versions involved in the performance of the provisions of this RFP. The bidder represents that all software and hardware to be supplied in response to this RFP meets the requirements. If any services, functions or responsibilities not specifically described in this RFP are an inherent, necessary or customary part of the deliverables or services and are required for proper performance or provision of the deliverables or services in accordance with this RFP, they shall be deemed to be included within the scope of the deliverables or services, as if such services, functions or responsibilities were specifically required and described in this RFP and shall be provided by the bidder at no additional cost to ISARC. 10. The bidder shall represent that the proposed software solution and its constituents including documentation and/or use of the same by ISARC shall not violate or infringe the rights of any third party or the laws or regulations under any governmental or judicial authority. The bidder further represents that the documentation to be provided to ISARC shall contain a complete and accurate description of the software, hardware and other materials and services (as Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 32 of 81 RFP for Development and Implementation of Application Software applicable), and shall be prepared and maintained in accordance with the highest industry standards. The bidder represents and agrees to obtain and maintain validity throughout the project, of all appropriate registrations permissions and approvals, which are statutorily required to be obtained by the bidder for performance of the obligations of the bidder. The bidder further agrees to inform and assist ISARC for procuring any registrations, permissions or approvals, which may at any time during the Contract Period be statutorily required to be obtained by ISARC for availing services from the bidder. 11. End of support/ Life/ Sale: The bidder has to ensure that hardware / software supplied as part of this RFP should not have either reached or announced end of support for at least 5 years from the date of this RFP. In the event if any equipment supplied by the bidder reaches end of support, within the period of contract, the bidder has to replace the equipment at no additional cost to ISARC. The equipment should not be marked End-of-Life/ End-of-Sale during next 12 months. 12. ISARC will not be responsible for any assumptions or judgments made by the Bidders for arriving at any type of sizing or costing. ISARC at all times will benchmark the performance of the Bidder to this RFP and the expected service levels as mentioned herein. In the event of any deviations, the Bidder must make good the same at no extra costs to ISARC, in order to achieve the desired service levels as well as meeting the requirements as stipulated in this RFP. 13. Any additional or different terms and conditions proposed by the Bidder would be rejected unless expressly assented to in writing by ISARC. 14. ISARC would not assume any expenses incurred by the Bidder in preparation of the response to this RFP and also would not return the bid, except the late bid, to the Bidder. 15. No extra costs on account of any items or services or by way of any out of pocket expenses, including travel, boarding and lodging etc. will be payable by ISARC. The Bidder cannot take the plea of omitting any charges or costs and later lodge a claim on ISARC for the same. 16. 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 / description complying with the requirement must be filled in. Filling up of the information using terms such as “OK”, “accepted”, “offered”, “noted”, “as given in brochure / manual” is not acceptable. ISARC may treat proposals not adhering to these guidelines as unacceptable and thereby the proposal may be liable to be rejected. 17. Responses received become the property of ISARC and can’t be returned. Information provided by each Bidder will be held in confidence, and will be used for the sole purpose of evaluating a potential business relationship with the Bidder. 18. The Bidders shall adhere to the terms of this RFP document and shall not deviate from the same. If the Bidders have absolutely genuine issues only then should they provide their nature of non-compliance to the same in the format provided separately with this RFP. ISARC reserves its right to not to accept such deviations to the Tender terms, in its sole and absolute discretion. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 33 of 81 RFP for Development and Implementation of Application Software 5.5 Bid Security and Performance Guarantee 5.5.1 Bid Security / Earnest Money deposit (EMD) a) All the responses must be accompanied by a refundable interest free security deposit of ` 1,50,000/- (Rupees One Lakh Fifty Thousand only) in the form and manner as prescribed elsewhere in this document. b) Any bid received without EMD in proper form and manner shall be considered unresponsive and rejected. c) The Demand Draft/ Pay Order should be of a Scheduled/ Commercial Bank only and will be accepted subject to the discretion of ISARC. d) The amount of Earnest money deposit (EMD) would be forfeited in the following scenarios: a) In case the Bidder withdraws the bid within the validity period of the bid for any reason whatsoever; b) In case the successful Bidder fails to accept the LOI / PO as specified in this document within 10 working days from the date of LOI / PO for any reason whatsoever; or Besides forfeiting the EMD, ISARC may ban the bidder from subsequent bidding for a period of 3 years. e) The EMD will be refunded to the unsuccessful bidders subsequent to the happening of any of the following events: a) Issue of LOI / PO to selected bidder; OR b) End of the bid validity period including extended period (if any), whichever is earlier; OR c) On signing of contract agreement and providing performance security from the successful bidder, whichever is earlier. f) Successful bidder will be refunded the EMD amount only after submission of Performance Bank Guarantee as mentioned in the following section. 5.5.2 Performance Bank Guarantee (PBG) a) The successful Bidder shall provide an unconditional and irrevocable performance bank guarantee in the form and manner provided by ISARC equivalent to 10% of the total order value of the software component (excluding hardware component) with BG validity up to 90 days from the date of warranty completion. b) Initially, Performance Bank Guarantee has to be for a period of 21 months (including warranty period of 12 months and production roll out of 6 months). However, in case of any project over run or any other issue of project timeline, the bidder will have to extend the Performance Bank Guarantee validity date. c) The successful Bidder shall provide the performance bank guarantee after signing contract agreement. d) In the event of non-performance of obligation or failure to meet terms of this RFP/ Contract, ISARC shall be entitled to invoke the performance guarantee without notice or right of demur to the Bidder. The guarantee should be from a scheduled commercial bank only. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 34 of 81 RFP for Development and Implementation of Application Software e) The Project will be deemed complete only when all the services contracted for by ISARC are delivered, commissioned, implemented, tested and accepted along with the documentation and training provided to ISARC’s employees in compliance with the terms of this RFP and subsequent PO. f) If the performance bank guarantee is not submitted within the time stipulated by ISARC, ISARC reserves the right to cancel the order and forfeit the EMD. g) The Performance Bank Guarantee would be returned to the successful Bidder after 90 days from the date of production installation roll out on satisfaction of ISARC that there are no dues recoverable from the successful Bidder. h) Notwithstanding anything to the contrary contained in the contract, ISARC shall be at liberty to invoke the Performance Bank Guarantee in addition to other remedies available to it under the contract / order or otherwise if the Successful Bidder fails to fulfill any of the terms of contract / order or commits breach of any terms and conditions of the contract. i) 5.6 Time shall be the essence of the contract / order, therefore, no extension of time is anticipated, but if untoward or extraordinary circumstances should arise beyond the control of the Bidder, which in the opinion of ISARC should entitle the Bidder to a reasonable extension of time, such extension may be considered by ISARC at its sole and absolute discretion, however such extension shall not operate to relieve the Bidder of any of its obligations. ISARC shall not be liable for any extra financial commitment due to such extension of time. In case of any such extension, the Bidder would be required to extend the validity period of the performance guarantee accordingly. Delivery Schedule 1. Bidder shall ensure to deliver all the components of the proposed software within 8 (eight) months from the date of the purchase order, at ISARC’s Head Office. Bidder shall ensure to get the delivery challans, clearly indicating the date of delivery, signed by the ISARC officials at ISARC’s head office. 2. Delivery of the Goods shall be made by the Supplier in accordance with the terms of the Purchase order. The bidder should take responsibility of the Goods till it reaches the delivery destination as informed by ISARC, transport to such place of destination in India, including insurance and storage, as shall be specified in the Contract. 3. ISARC will not be in a position to supply Form-C or Form-D and bidder will have to arrange for Form 31 or 32 or any other road permit, if required, on behalf of ISARC. Bidder shall arrange the Road Permits or any other document wherever required. Any letter required for this may be given by ISARC. 5.7 Penalty Clause 1. If the bidder fails to deliver the milestones within the stipulated time frame, ISARC shall impose a penalty at 1% per week delay or part thereof, of the project cost subject to maximum of 10% of the total project cost. 5.8 Warranty 1. The bidder will warrant the satisfactory performance software in accordance to ISARC’s requirements, for a period of 12 months from the date of production roll out of the software. The bidder will not be paid any additional amount for providing support services like rectification of bugs, etc during the warranty period. AMC and product support for the application software will start from the date of expiry of the warranty period. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 35 of 81 RFP for Development and Implementation of Application Software 2. If warranty is extended for some reason, Performance Bank Guarantee has to be extended by the bidder. 5.9 Service Level Agreement 1. The success of service level agreements depends fundamentally on the ability to measure performance comprehensively and accurately so that credible and reliable information can be provided to officers and support areas on the service provided. Service factors must be meaningful, measurable and monitored constantly. Service level monitoring will be performed by the bidder. Reports will be produced as and when required and forwarded to ISARC. 2. The Bidder may revise the priority of the request and change the classification after its review subject to ISARC agreeing for the same. Whenever the classification and / or priority is modified by the Bidder, ISARC will be informed of the decision stating the reasoning and / or workaround solution. The table below provides the service levels that will be provided by the Bidder. The Bidder will make its best endeavours to maintain these service levels. 3. Depending on the criticality and severity of calls, service levels are defined as follows: a) Emergency Priority: A problem that affects entire organization / network or > 80% users of the software e.g., server crash, severe virus attack, etc. b) High Priority: A problem that affects a particular module or group of users e.g., failure to connect to the server, virus attack on many devices, failure of a module catering to the group of users, etc. c) Low Priority: A problem that affects a typical user, e.g., failure of an application / module meant for a user, connectivity to the server, etc. d) Query: Any enquiry raised which does not impact the working of the organization e.g., update version of the application, features to be provided in the advanced version, etc. 4. Following table defines Service Level Targets for Response and Resolution time: Severity Level Emergency Priority High Priority Low Priority Query Response Time 30 mins 1 hour 2 hours 4 hours Resolution Time 48 hours 8 hours 16 hours 16 hours Calculation Window Quarterly 5. Bidder shall ensure following compliance level for each of the Service levels: Severity Level Emergency Priority High Priority Low Priority Query Required Compliance Level Quarter 1 Quarter 2 onwards Response Resolution Response Resolution Time Time Time Time 96% 97% 97% 98% 94% 96% 96% 97% 93% 95% 94% 96% 93% 95% 94% 96% 6. Actual Response and Resolution time will be measured as follows: Calls attended within stipulated response time Response time (%) = --------------------------------------------------------------- X 100 Total number of calls received in the month Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 36 of 81 RFP for Development and Implementation of Application Software Calls closed within stipulated resolution time Resolution time (%) = ------------------------------------------------------------- X 100 Total number of calls received in the month 7. Penalty for the quarter will be calculated as: Penalty amount = Penalty (%) x Total services Cost for respective service area for the quarter. 8. Applicable Penalty (%) shall be as under: Shortfall in SLA Target / Compliance by <= 1 % > 1% and <= 3 % > 3% and <= 5 % > 5% and <= 6 % > 6% and <= 8 % > 8% and <= 10 % Penalty (%) 1 3 5 6 8 10 9. Penalty (if any) for breach during Warranty period shall be adjusted from the payments due, subject to 10% of the amount due for payment. 10. Penalty (if any) for breach during AMC period shall be adjusted from the AMC payments, subject to 10% of the AMC amount for the period due for payment (quarterly). 5.10 Expenses 1. It may be noted that ISARC will not pay any amount / expenses / charges / fees / travelling expenses / boarding expenses / lodging expenses / conveyance expenses / out of pocket expenses. 2. However for project related work, travelling, boarding and lodging expenses outside Mumbai, if any, will be mutually discussed and decided depending upon the need, duration, number of personnel involved, etc. 3. Settlement of bills in such cases will be at rates mutually agreed and reimbursable against production of tickets and bills. Mumbai will be considered as the base station for the purpose of travelling. 5.11 Terms of Payment 1. Payment would be settled on the completion (sign-off) of each milestone for respective module as per the schedule given below. However, first payment to the bidder will be payable only after submission of Performance Bank Guarantee for an amount equivalent to 10% of the order value. Sr. Payment Phase (on completion) No. 1. Project initialization – On signing of agreement and providing of performance bank guarantee (on the supplied hardware 2. Study phase and gap analysis and Business Process Re engineering 3. Modification / Development of customized software on ISARC servers Tender No.: ISARC/RFP/2015/002 Payment % for Software module Payment % for Hardware 10% 75% 10% - 10% - Private and Confidential Page 37 of 81 RFP for Development and Implementation of Application Software 4. 5. 6. 7. 8. for User Acceptance Testing User Acceptance Testing and sign off of customized product Pilot Implementation and Acceptance Data Migration, training and production roll out 30 days from production roll out, extension of Performance Bank Guarantee and after deduction of penalty Expiry of Warranty, after deduction of penalty for breach of SLA during the warranty period Total Payment towards Change Management 1. After completion of UAT and implementation in production environment. To be settled on monthly basis. 15% 10% - 15% - 20% 25% 10% - 100% 100% Full payment Not Applicable 2. Payments will be made after deducting TDS / other taxes and applicable penalty, if any. 3. Octroi / entry tax, if any, shall be paid as on actual on the submission of Octroi / entry tax receipt in the name of ISARC. Octroi / entry tax payment shall be made along with the delivery payment of the hardware. 4. The last payment will be released only after the happening of events as mentioned in the table above and receipt of Performance Bank Guarantee and also after deducting the penalties and applicable taxes, if any. 5. All the payments including refund of EMD (if submitted in the form of DD / Pay order) will be made by ISARC Mumbai office, electronically through RTGS / NEFT. All the bidders should submit duly filled-in & signed [by authorized signatory and bidder’s banker] Bank Mandate Form as per format prescribed in Annexure–XV. In case the bidders have already submitted the form with bank in connection with any other tender / transactions, same need not to be submitted again and the fact should be clearly mentioned in the General Information about Bidder in Annexure–II. 5.12 Exit Clause 1. In the eventuality of the selected Service provider not being able to perform the agreed and contracted tasks / obligations under the signed agreement, or unilaterally closed the project midway, etc., ISARC reserves the right to take appropriate action (including legal action; blacklisting the service provider for any contract award by ISARC or its partners, etc.) in addition to termination of the contract. 2. In case the default by the Service provider as above, a) ISARC may, at its sole discretion and at any time terminate the Contract and inform the Service Provider of ISARC’s decision by written instruction to that effect after giving a notice of three months for the same. In the event of the Contract being so terminated, the Service Provider shall take such steps, as are necessary to bring the Services to an end (including terminating any subcontracts placed by the Service Provider) in a cost effective, timely and Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 38 of 81 RFP for Development and Implementation of Application Software orderly manner. In the event of termination of contract the bidder will assist in smooth migration to new service provider. b) The Contract may be terminated by ISARC by notice in writing to the Service Provider if at any time the Service Provider either directly or through their servants or agents or consortium partners commit any breach of their obligations hereunder or being an individual or, where the Service Provider are a firm, any partner in that firm shall at any time become bankrupt, or shall have a receiving order or administration order made against them or shall make any composition or arrangement with or for the benefit of their creditors or shall make any conveyance or assignment for the benefit of their creditors or if the Service Provider being a company, an order is made, or a resolution is passed, for the winding up of the Service Provider, otherwise than a member’s voluntary winding up for the purpose of amalgamation or reconstruction (subject to the prior approval of ISARC) or a receiver or administrator is appointed of the whole or any part of the undertaking of the Service Provider, ISARC may forthwith terminate the Contract. 5.13 Annual Maintenance Contract 1. After the expiry of the warranty period, ISARC shall have the option of entering into the AMC / ATS. 2. ISARC shall release separate purchase orders for entering into the AMC / ATS. 3. Payments during the AMC / ATS period shall be made quarterly in arrears after adjusting the penalty on account of SLA breach, if any. 5.14 Order Cancellation 1. ISARC will provide the Bidder a remedy period of 90 days to rectify a default or given situation. ISARC will provide in writing the nature of the default to the bidder through a letter or mail correspondence. The 90 days time period will commence from the day ISARC has sent such correspondence to the Bidder. 2. ISARC reserves its right to cancel the order in the event of one or more of the following situations that are not occasioned due to reasons solely and directly attributable to ISARC alone: a) Delay in customization / implementation / installation beyond the specified period that is agreed and prescribed in the purchase order; and b) Discrepancy in the quality of service / hardware / software expected during the implementation, rollout and subsequent maintenance process. c) Failure of the Bidder to make the situation good within the remedy period. 3. In case of order cancellation, any payments made by ISARC to the Bidder would necessarily have to be returned to ISARC with interest @ 12.75% p.a., from the date of each such payment. These payments to be returned would refer to those deliverables that will have to be reversed or redone post the cancellation of the order. 5.15 Insurance 1. The bidder shall insure the hardware components supplied. 2. The bidder shall ensure to take Comprehensive Insurance till one month beyond the schedule date of delivery. The equipment shall be fully insured in Indian Rupees (INR). In case any loss or damage of any nature whatsoever occurs, the bidder shall be responsible for initiating and pursuing claims and settlement and also make arrangements for repair and/or replacements of any damaged item/s; Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 39 of 81 RFP for Development and Implementation of Application Software 3. The insurance shall be for an amount equal to the total value of equipments on "all risks" basis, including war risks, fire and theft and robbery clauses. 5.16 Undertaking of Authenticity 1. Bidders shall give an undertaking of authenticity as per Annexure–XVI, to ensure the following: a) That the hardware delivered to ISARC including all components and attachments are original/ brand new from respective OEMs and that no refurbished / duplicate / second hand components / parts / assembly / software are being used or shall be used. b) That software supplied with the system, the bidder should ensure that the same is licensed and legally obtained with valid documentation from respective OEMs. 5.17 Manufacturer’s Authorisation Form (MAF) 1. The bidder should furnish a letter in the format as per Annexure–XVII from original equipment manufacturer authorizing the bidder to quote for OEM’s product in response to the RFP from ISARC. The said letter should also offer to extend the required warranty from the respective OEM in respect of the items being quoted. 5.18 Rules for Evaluation of Responses 1. To assist in the scrutiny, evaluation and comparison of responses / offers, ISARC may, at its discretion, ask some or all Bidders for clarifications on their offers. The request for such clarifications and the response will necessarily be in writing. ISARC has the right to disqualify the Bidder whose clarification is not received by ISARC within the stipulated time or is found not suitable to the proposed project. 2. Bidders are requested to be prepared to demonstrate, through presentations and/or site visits, as part of the final evaluation in accordance with the responses given for the identified requirements. 3. ISARC may appoint the services of an external consultant for evaluation of the bids. 4. Bidders must not present any reference as credential for which it is not in a position to present the verifiable facts / documents because of any non-disclosure agreement with its other customer or any other reason whatsoever. ISARC would not consider any statement as a credential if same cannot be verified as per its requirement for evaluation. 5. ISARC may at its absolute discretion exclude or reject any proposal that in the reasonable opinion of ISARC contains any false or misleading claims or statements. ISARC shall not be liable to any person for excluding or rejecting any such proposal. 6. ISARC reserves the right to reject any proposal in case same is found incomplete or not submitted in the specified format given in this RFP document. ISARC would not give any clarification / explanation to the concerned bidder in case of such rejection. 7. ISARC reserves the right to modify the evaluation process at any time during the Tender process (before submission of technical and commercial responses by the prospective bidder), without assigning any reason, whatsoever, and without any requirement of intimating the Bidders of any such change. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 40 of 81 RFP for Development and Implementation of Application Software 8. ISARC will award the Contract to the successful Bidder whose bid has been determined to be substantially responsive and has been determined as the best bid, provided further that the Bidder is determined to be qualified to perform the contract satisfactorily. However, ISARC shall not be bound to accept the best bid or any bid and reserves the right to accept any bid, either wholly or in part, as it may deem fit. 5.19 Consortium / Sub-Contractor 1. Delivery of all the services as per the scope of this RFP shall be the sole responsibility of the bidder. Consortium or sub-contractor arrangement in any form is strictly not allowed. ISARC will not entertain any submissions from the bidders in this regard. 5.20 Corrupt and Fraudulent Practice 1. As per Central Vigilance Commission (CVC) directives, it is required that Bidders / Suppliers / Contractors observe the highest standard of ethics during the execution of this RFP and subsequent contract(s). In this context, the bidders to note the following: a) “Corrupt Practice” means the offering, giving, receiving or soliciting of anything of value to influence the action of an official in the procurement process or in contract execution. b) “Fraudulent Practice” means a misrepresentation of facts in order to influence a procurement process or the execution of contract to the detriment of ISARC and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive ISARC of the benefits of free and open competition. c) ISARC reserves the right to declare a bidder ineligible, either indefinitely or for a stated period of time, to be awarded a contract, if at any time it determines that the bidder has engaged in corrupt or fraudulent practices in competing for or in executing the contract. 5.21 Waiver 1. No failure or delay on the part of either party relating to the exercise of any right power privilege or remedy provided under this RFP or subsequent agreement with the other party shall operate as a waiver of such right, power privilege or remedy or as a waiver of any preceding or succeeding breach by the other party nor shall any single or partial exercise of any right power privilege or remedy preclude any other or further exercise of such or any other right power privilege or remedy provided in this RFP all of which are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available to either party at law or in equity. 5.22 Violation of Terms 1. ISARC clarifies that ISARC shall be entitled to an injunction, restraining order, right for recovery, specific performance or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain the Bidder from committing any violation or enforce the performance of the covenants, obligations and representations contained in this RFP. These injunctive remedies are cumulative and are in addition to any other rights and remedies ISARC may have at law or in equity, including without limitation a right for recovery of any amounts and related costs and a right for damages. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 41 of 81 RFP for Development and Implementation of Application Software 5.23 Confidentiality 1. This RFP contains information proprietary to ISARC. Each recipient is entrusted to maintain its confidentiality. It should be disclosed only to those employees involved in preparing the requested responses. The information contained in the RFP may not be reproduced in whole or in part without the express permission of ISARC. The Bidders shall submit a Non-Disclosure Agreement as per Annexure–XIV on non-judicial stamp paper of appropriate value at the time of submission of bids. 2. In case the selected bidder acts in extending similar services to multiple customers, bidder shall take care to build strong safeguards so that there is no co-mingling of information, documents, records and assets related to services within the ambit of this RFP and subsequent purchase order. 5.24 IPR Infringement 1. As part of this project, bidder / service provider will deliver different software, if the use of any such software by / for ISARC, infringes the intellectual property rights of any third person, Service provider shall be primarily liable to indemnify ISARC to the extent of direct damages against all claims, demands, costs, charges, expenses, award, compensations etc. arising out of the proceedings initiated by third party for such infringement, subject to the condition that the claim relates to Software provided/used by Bidder / Service provider under this project. 5.25 Limitation of Liability 1. Save and except the liability under Section of ‘IPR Infringement’ and / or indemnity provision in Clause 5.24 herein above, in no event shall either party be liable with respect to its obligations for indirect, consequential, exemplary, punitive, special, or incidental damages, including, but not limited to, loss of data / programs or lost profits, loss of goodwill, work stoppage, computer failure, loss of work product or any and all other commercial damages or losses whether directly or indirectly caused, even if such party has been advised of the possibility of such damages. The aggregate liability of the Service Provider, arising at any time under this Agreement shall not exceed the order value. 5.26 Rights to Visit 1. All records of the Bidder with respect to any matters covered by this Tender document/subsequent order shall be made available to ISARC or its designees at any time during normal business hours, as often as ISARC deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. 2. ISARC, including its regulatory authorities like Reserve Bank of India (RBI), etc., reserves the right to verify, through their officials or such other persons as ISARC may authorize, the progress of the project at the development / customization site of the Bidder or where the services are being rendered by the bidder. 3. ISARC and its authorized representatives, including regulator like RBI shall have the right to visit any of the Bidder’s premises with prior notice to ensure that data provided by ISARC is not misused. The Bidder will have to co-operate with the authorized representative/s of ISARC and will have to provide all information/ documents required by ISARC. 5.27 Audit 1. The bidder shall allow ISARC, its authorized personnel, its auditors (internal and external), authorized personnel from RBI / other regulatory & statutory authorities, and grant unrestricted right to inspect and audit its books and accounts, to Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 42 of 81 RFP for Development and Implementation of Application Software provide copies of any audit or review reports and findings made on the service provider, directly related to the services. In case any of the services are further outsourced/assigned/ subcontracted to other bidders, it will be the responsibility of the bidder to ensure that the authorities / officials as mentioned above are allowed access to all the related places, for inspection and verification. 5.28 Compliance with Statutory and Regulatory Provisions 1. It shall be the sole responsibility of the Bidder to comply with all statutory and regulatory provisions while delivering the services mentioned in this RFP, during the course of the contract. 5.29 Taxes and Duties 1. The Bidder shall be entirely responsible for all applicable taxes, duties, levies, charges, license fees, road permits, etc. in connection with delivery of products at site including incidental services and commissioning. 2. The bidder must also ensure that all applicable laws framed by the Central Government, State Government and Local Bodies, including payment of applicable minimum wages and all laws pertaining to contract employees / labour laws are complied with while providing caretaker services. The selected bidder may have to execute an indemnity bond in favour of ISARC in this regard. 3. Providing clarifications / particulars / documents, etc. to the appropriate tax authorities for assessment of tax, compliance with labour and other laws, etc will be the responsibility of the bidder at his cost. 4. Tax deduction at Source - Wherever the laws and regulations require deduction of such taxes at the source of payment, ISARC shall effect such deductions from the payment due to the Bidder. The remittance of amounts so deducted and issuance of certificate for such deductions shall be made by ISARC as per the laws and regulations in force. Nothing in the Contract shall relieve the Bidder from his responsibility to pay any tax that may be levied in India on income and profits made by the Bidder in respect of this contract. 5.30 Right of Publicity 1. Any publicity by the Bidder in which the name of ISARC is to be used should be done only with the explicit written permission of ISARC. 5.31 Resolution of Dispute 1. ISARC and the Bidder shall make every effort to resolve amicably by direct informal discussion, any disagreement or dispute arising between them under or in connection with the Agreement. If, after thirty (30) days from the commencement of such informal discussions, ISARC and Bidder have been unable to resolve the dispute amicably, either party may require that the dispute be referred for resolution to the formal mechanisms specified herein below. These mechanisms may include, but are not restricted to, conciliation mediated by a third party and/or adjudication in an agreed forum. 2. The dispute resolution mechanism to be applied shall be as follows: a) In case of Dispute or difference arising between ISARC and Successful Bidder relating to any matter arising out of or connected with this RFP and/or the subsequent agreement, such disputes or difference shall be settled in accordance with the Arbitration and Conciliation Act, 1996 by an independent third party arbitrator mutually appointed by both the parties. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 43 of 81 RFP for Development and Implementation of Application Software b) Arbitration proceedings shall be held at Mumbai, India, and the language of the arbitration proceedings and that of all documents and communications between the parties shall be English; c) The cost and expenses of Arbitration proceedings will be equally shared and paid by the parties. 3. The Agreement shall be interpreted in accordance with the laws of the India and the Parties agree to submit to the courts of Mumbai. 4. No conflict between the Bidder and ISARC shall cause cessation of services. Only by mutual consent the services will be withdrawn. 5.32 Force Majeure 1. Successful Bidder shall not be liable for forfeiture of its performance security, liquidated damages or termination for default, if and to the extent that it’s delay in performance or other failure to perform its obligations under the contract/ order subsequent to this RFP is the result of an event of Force Majeure. 2. If a Force Majeure situation arises, successful bidder shall promptly notify ISARC in writing of such conditions and the cause thereof within twenty calendar days. Unless otherwise directed by ISARC in writing, successful bidder shall continue to perform its obligations as per the order placed subsequent to this RFP as far as it is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. 3. In such a case, the time for performance shall be extended by a period(s) not less than the duration of such delay. If the duration of delay continues beyond a period of three months, ISARC and the successful bidder shall hold consultations with each other in an endeavor to find a solution to the problem. 4. In the event of the Force Majeure conditions continuing for a period of more than three months the parties shall discuss and arrive at a mutually acceptable arrangement. 5.33 Indemnity 1. The Bidder / successful bidder shall indemnify ISARC, and shall always keep indemnified and hold ISARC, its employees, personnel, officers, directors, harmless from and against any and all losses, liabilities, claims, actions, costs and expenses (including attorneys' fees) relating to, resulting directly or indirectly from or in any way arising out of any claim, suit or proceeding brought against ISARC as a result of: a) ISARC’s authorized/ bona fide use of the Deliverables and /or the Services provided by Bidder under this RFP document; and/or b) An act or omission of the Bidder, employees, agents, sub contractors in the performance of the obligations of the Bidder under this RFP document; and/or c) Claims made by employees or subcontractors or subcontractors’ employees, who are deployed by the Bidder, against ISARC; and/or d) Breach of any of the term of this RFP document and/or of the agreement to be entered subsequent to this RFP or breach of any representation or false representation or inaccurate statement or assurance or covenant or warranty by the successful Bidder under this RFP document and/or of the agreement to be entered subsequent to this RFP; and/or e) Any or all Deliverables or Services infringing any patent, trademarks, copyrights or such other Intellectual Property Rights; and/or Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 44 of 81 RFP for Development and Implementation of Application Software f) Breach of confidentiality obligations of the Bidder contained in this RFP document; and/or g) Negligence, fraudulence activities or gross misconduct attributable to the bidder or its employees or sub-contractors; and/or h) The use of unlicensed and illegal Software and/or allied components by the successful Bidder 2. The Bidder will have to at its own cost and expenses defend or settle any claim against ISARC that the Deliverables and Services delivered or provided under this RFP document infringe a patent, utility model, industrial design, copyright, trade secret, mask work or trade mark in the country where the Deliverables and Services are used, sold or received, provided ISARC: a) Notifies the Bidder in writing; and b) Cooperate with the bidder in the defense and settlement of the claims. 3. The Bidder shall not be liable for defects or non-conformance resulting from: a) Software, hardware, interfacing not approved by Bidder; or b) Unauthorized modification of Software or any individual product supplied under this RFP document, or ISARC’s failure to comply with any mutually agreed environmental specifications. c) Use of a Deliverable in an application or environment for which it was not designed or not contemplated under this Agreement; d) Modification of a deliverable by anyone other than the bidder where the unmodified version of the deliverable would not be infringing. 5.34 Public Procurement Policy on Micro and Small Enterprises (MSEs) 1. ISARC is governed by provisions of the Public Procurement Policy for Micro and Small Enterprises (MSEs) as circulated by The Ministry of MSME, GoI. 2. These provisions shall be applicable to Micro and Small Enterprises (MSEs) registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises (MSMEs). 3. Such MSEs would be entitled for exemption from furnishing tender fee and earnest money deposit (EMD). In case of any issue on the subject matter, the MSE’s may approach the tender inviting authority to resolve their grievances. 4. Agencies/ Bidders desirous of availing exemptions/ preference under above provisions should submit a copy of proof of Registration as MSEs/ and ownership of the same by SC/ST along with the tender/RFP. ********** Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 45 of 81 RFP for Development and Implementation of Application Software 6. Eligibility Criteria 6.1 Pre-qualification / Eligibility Evaluation 1. Proposals not complying with the prescribed ‘Pre-qualification / Eligibility Evaluation’ and not submitted as per Annexure–III are liable to be rejected and will not be considered for further evaluation. The proposal should adhere to the following Pre-qualification / Eligibility E valuation: a) The bidder must be a Government organization / Public sector unit / Limited Company / Private Limited Company having its Registered Office in India. b) The bidder is registered as IT / ITES Company for at least 3 years in India as on the date of the RFP. c) The Bidder should provide support / maintenance / up gradation during the period of contract with ISARC. d) The Bidder should have successfully delivered at least one project of minimum order value of ` 50 lakh (software value). e) The bidder should have positive net worth and cash profit (i.e. no cash loss) in 2 years out of last 3 years. f) The bidder has implemented at least one similar software in last 5 years in Financial Institutions / Banks / NBFCs / Government organization / ARC / Insurance Companies, etc. on 3 tier architecture with central servers at HO and branch offices in different cities and the software is currently in operation as on the date of RFP. g) The bidder should not have been black-listed by any Public Sector Bank, RBI or IBA or any other Government agencies during the last five years. Bidder must certify to that effect. h) The bidder should be either an ISO 9001:2008 certified company or minimum CMM 3 level. 6.2 Technical Bid Technical bid should contain following details at the minimum: 1. Brief about the bidder’s company 2. Software products developed and deployed in financial sector, mainly ARCs / Banks / FIs / NBFCs 3. Project management, execution, control and tracking methodology. 4. Technology, architecture, and environment software to be used with version of each of environmental software 5. Project schedule and plan with envisaged milestones and timelines 6. Implementation & Training plan 7. AMC and support including support for managed services installation and maintenance of database and application servers, OS, web servers, security, data integrity problems, reinstallations, patch management and upgrades, back up, restoration in case of crash, etc. 8. Hardware configuration and specifications as per sizing of the application software 9. Format for Software Functionality parameter matrix is attached as Annexure–VI. 10. Any other relevant information. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 46 of 81 RFP for Development and Implementation of Application Software 6.3 Commercial Bid 1. The commercial bids should be submitted as per Annexure–V. Commercial bids not found to be submitted in the prescribed format and in accordance with the terms of this RFP, shall be declared as ‘Non-responsive’ and hence shall be rejected. ************ Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 47 of 81 RFP for Development and Implementation of Application Software 7. Evaluation Methodology 7.1 Evaluation Process 1. ISARC has adopted a Three (3) bid evaluation process in which the Bidder has to submit following bids in separate envelopes at the time of submission of bids as stipulated in this document. a) Pre-qualification / Eligibility Evaluation b) Technical Bid c) Commercial Bids 2. ISARC shall evaluate first the ‘Pre-qualification / Eligibility Evaluation’ bids and based on its evaluation, ‘Technical Bids’ shall be undertaken for evaluation at the second stage. Based on the outcome of Technical evaluation, ‘Commercial Bids’ shall be opened for the technically qualified proposals only. The final selection will be done based on the commercial evaluation of technically short listed bidders. Those who do not qualify the Pre-qualification / Eligibility Evaluation will not be considered for further evaluation. 3. The evaluation by ISARC will be undertaken by a Committee of Officials or/and representatives formed by ISARC and its decision will be final. 4. During evaluation of Bids, ISARC, at its discretion, may ask the Bidders for clarifications of their Bids. The request for clarification and the response shall be in writing (Letter/e-mail), and it should be submitted within the time stipulated by ISARC. No change in the price of substance of the Bid shall be sought, offered or permitted. 5. Normalization – ISARC reserves the right to go for normalization process after technical evaluation and accordingly may request all the bidders to submit revised bid (technical or commercial or both) to avoid any possible ambiguity in evaluation process or make apple-to-apple comparison or to bring further transparency in the evaluation process. 7.2 Preliminary Examinations 1. ISARC will examine the Bids to determine whether they are complete, the documents have been properly signed, supporting papers / documents attached and the bids are generally in order. 2. ISARC may, at its sole discretion, waive any minor infirmity, nonconformity or irregularity in a Bid which does not constitute a material deviation, provided such a waiver does not prejudice or affect the relative ranking of any Bidder. 3. Prior to the detailed evaluation, ISARC will determine the substantial responsiveness of each Bid to the Bidding document. For purposes of these Clauses, a substantially responsive Bid is one, which conforms to all the terms and conditions of the Bidding Document without material deviations. Deviations from or objections or reservations to critical provisions, such as those concerning Bid security, bid price, qualification criteria, insurance, Force Majeure, etc will be deemed to be a material deviation. ISARC’s determination of a Bid's responsiveness is to be based on the contents of the Bid itself, without recourse to extrinsic evidence. ISARC would also evaluate the Bids on technical and functional parameters including possible visit to inspect live site(s) of the bidder, witness demos, bidder’s presentation, verify functionalities / response times, etc. 4. If a Bid is not substantially responsive, it will be rejected by ISARC and may not subsequently be made responsive by the Bidder by correction of the nonconformity. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 48 of 81 RFP for Development and Implementation of Application Software 5. The Bidder is expected to examine all instructions, forms, terms and specifications in the Bidding Document. Failure to furnish all information required by the Bidding Document or to submit a Bid not substantially responsive to the Bidding Document in every respect will be at the Bidder's risk and may result in the rejection of its Bid. 7.3 Evaluation of Pre-qualification / Eligibility Evaluation 1. Bids submitted by all the bidders would be evaluated for eligibility as mentioned in the ‘Pre-qualification / Eligibility Evaluation’ section. Bids not complying with the Pre-qualification / Eligibility Evaluation are liable to be disqualified / rejected and will not be considered for further evaluation. 2. Bidders must submit the proof of all the credentials as required for evaluation of eligibility criteria. Claims of the bidders without verifiable facts may be rejected as credentials towards satisfying eligibility criteria. 3. Successful bids out of this stage would be considered for technical evaluation. 4. Pre-qualification / Eligibility Evaluation shall be carried out on the following parameters & sub-parameters: 7.4 Sr. No. Parameters / Sub-parameters 1 The Bidder is a government organization / Public sector unit / Limited Company / Private Limited Company having its Registered Office in India. 2 The bidder is registered as IT / ITES Company for at least 3 years in India as on the date of the RFP. 3 The bidder should provide support / maintenance / up-gradation during the period of contract with ISARC. 4 The Bidder should have successfully delivered at least one project of minimum order value of ` 50 lakh (software value). 5 The bidder should have positive networth and cash profit (i.e. no cash loss) in 2 years out of last 3 years. 6 The bidder has implemented at least one similar software in last 5 years in Financial Institutions / Banks / NBFCs / Government organization / ARC / Insurance Companies, etc. on 3 tier architecture with central servers at HO and branch offices in different cities and the software is currently in operation as on the date of RFP. 7 The bidder should not be black-listed by any Public Sector Bank, RBI, IBA or any other Government agencies during the last 5 years. 8 The bidder should be either an ISO 9001:2008 certified company or minimum CMM 3 level. Evaluation of Technical Bids 1. The technical bids will be evaluated for determining the continued eligibility of the Bidder for Project and compliance of the bids with the necessary technical requirements and scope of work of this tender. 2. ISARC may waive off any minor infirmity or nonconformity or irregularity in a bid, which does not constitute a material deviation, provided such a waiving, does not prejudice or affect the relative ranking of any bidder. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 49 of 81 RFP for Development and Implementation of Application Software 3. ISARC may seek specific clarifications from any or all the Bidder(s) at this stage. All the clarifications received within the stipulated time shall be considered for evaluation. In case satisfactory clarifications are not received from the bidders within the stipulated time, the respective technical parameters would be treated as non-compliant and decision to qualify the bidder shall be accordingly taken by ISARC. 4. The shortlisted bidders will be called for presentation on the software based on the technical bids submitted by them to make an evaluation. Such presentations will become part of the technical bid. ISARC will not pay/ reimburse any expenditure incurred by the bidder for arranging the demonstration, presentations or site visits. 5. During technical evaluation, ISARC may interact with the customer references submitted by the bidder. 6. The technical bid will be analyzed and evaluated w.r.t. the software and its components complying with the specifications, features and functionalities as prescribed in the Technical Bid. 7. Besides ensuring the compliance parameters in the Pre-qualification / Eligibility Evaluation, further technical evaluation shall be carried out on the following parameters & sub-parameters: Sr. No. 1. Parameters/ Sub-parameters Over all fit of existing software of the bidders to requirements of ISARC for business functionality To be calculated as: Max. Marks 30 Marks assigned Based on marks obtained as per Annexure–VI Marks obtained as per Annexure–VI ---------------------------------------------- X 30 Total marks as per Annexure–VI 2. 3. 4. Project Implementation Plan submitted vis-à-vis scope of work & implementation schedule 10 Demonstration of in-depth understanding of ISARC’s requirements through the Technical proposal and presentation Whether the bidder is owner of software solution offered and is owner of the IPR of the application software or is development / business partner with industry database measures (for e.g. Oracle, My SQL, etc.) for single point support for application system (mention names of principals) 10 Tender No.: ISARC/RFP/2015/002 Remarks Bidder should furnish implementation plan Subjective evaluation 10 If Owner 10 If development or business partner 5 If none 0 Private and Confidential Page 50 of 81 RFP for Development and Implementation of Application Software 5. Has the bidder developed and implemented at least one similar type of software Solution in any of the Financial Institutions / Banks / NBFCs / Government organization / ARC / Insurance Companies, etc in India having branches spread across multiple locations, in last five years and the solution is currently in operation as on date of RFP. Location of the office with availability of technical support engineers. 10 Implementati on in multiple branch locations 5 6. 7. 8. 9. Is the Bidder an MSE Company 5 Has the bidder developed and implemented at least one similar type of software Solution on RDBMS with 3 tier deployment architecture with central servers at Head office and users connecting to central server from multiple locations across India. Will the bidder provide one point service for all services mentioned under ‘scope’ including DBA services on ongoing basis 10 Total 100 Implementati on only in one branch / Head office Office in Mumbai / Thane / Navi Mumbai Office not in Mumbai / Thane / Navi Mumbai If yes If not 10 5 5 2 5 0 Yes 10 No 5 Yes 10 No 5 10 8. The technical bid will be analyzed and evaluated, based on which the Relative Technical Score (RSTech) shall be assigned to each bid on the basis of parameters mentioned above. 9. Relative Technical Score (RSTech) for each bidder will be calculated as follows based on above parameters: RSTech = T / Thigh * 100 where, RSTech = Relative score obtained by the bidder T = Technical score obtained by bidder Thigh = Highest Technical score secured among the bidders. 10. Technical Bids receiving RSTech greater than or equal to a score of 75 (cut-off marks) would be shortlisted for commercial evaluation. 11. In the event there are less than three bidders securing 75 or more, ISARC reserves the right to shortlist top three bidders for commercial evaluation. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 51 of 81 RFP for Development and Implementation of Application Software 7.5 Evaluation of Commercial Bids and selection of bidder 1. In this phase, the Commercial Bids of the Bidders, who are found technically qualified in previous phase, will be considered for commercial evaluation. 2. The date for opening of commercial bids will be separately advised. 3. The bidder with the lowest Total Cost of Ownership (TCO) will be selected subject to the acceptance/ compliance of all other terms and conditions defined in this RFP document. 7.6 Arithmetic Errors Correction 1. Arithmetic errors, if any, in the price break-up format will be rectified on the following basis: a) If there is discrepancy between the unit price and the total price, which is obtained by multiplying the unit price with quantity, the unit price shall prevail and the total price shall be corrected unless it is a lower figure. b) If there is discrepancy in the unit price quoted in figures and words, the unit price, in figures or in words, as the case may be, which corresponds to the total bid price for the item shall be taken as correct. c) If the bidder has not worked out the total bid price or the total bid price does not correspond to the unit price quoted either in words or figures, the unit price quoted in words shall be taken as correct. d) If the unit price quoted by the bidder in figures and in words are equivalent but the total bid price of the item has not been worked out correctly, the unit price quoted by the bidder shall be taken as correct. e) The bidders, for whom arithmetic corrections are warranted / required, must accept the arithmetic corrections in writing / mail, within a specified date and time as may be decided by ISARC, or their bid should be rejected. ********** Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 52 of 81 RFP for Development and Implementation of Application Software Annexure–I. Bid Covering Letter (To be submitted on Bidder’s company letter head) Date: India SME Asset Reconstruction Company Limited, 1004, 10th Floor, Naman Centre, Plot No. C-31, G Block, Bandra Kurla Complex (BKC), Bandra (E) Mumbai – 400 051 Dear Sir, Development and Implementation of Application Software (RFP No.: ISARC/RFP/2015/002 dated May 11, 2015) We, the undersigned bidders, having read and examined the aforesaid RFP document in detail, do hereby propose to extend the services as specified in the above mentioned Tender document and submit the following as per requirement: 1. Bid Price: We have enclosed a Demand Draft/ banker’s cheque of the sum of ` 1,000/(Rupees One Thousand only) towards non-refundable bid price. 2. Earnest Money Deposit (EMD): We have enclosed a Demand Draft / banker’s cheque/ Bank Guarantee (BG) of the sum of ` 150,000/- (Rupees One Lakh Fifty Thousand only) towards EMD. This EMD is liable to be forfeited in accordance with the provisions mentioned in the RFP. 3. Pre-qualification / Eligibility Evaluation, Technical bid and Commercial bid inside separate envelopes, in prescribed formats. We hereby declare that our bid is made in good faith, without collusion or fraud and the information contained in the bid is true and correct to the best of our knowledge and belief. We also undertake to have read, understood and accepted the terms and conditions specially those related to evaluation and selection processes mentioned in the RFP except the points mentioned in Annexure–VIII (Statement of Deviations) in our bid response. Having submitted our response to the aforesaid RFP, we also understand not to have any option to raise any objection against any of the said processes defined in the RFP in any future date. We understand that our bid is binding on us and persons claiming through us and that you are not bound to accept a bid you receive. Thanking you, Yours sincerely, Date Place Signature of Authorized Signatory … Name of the Authorized Signatory … Designation … Name of the Organisation … Seal … Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 53 of 81 RFP for Development and Implementation of Application Software Annexure–II. General Information about Bidder (RFP No.: ISARC/RFP/2015/002 dated May 11, 2015) Details of the Bidder (Company) 1 Name of the Bidder 2 Address of the Bidder 3 Status of the Company (Public Ltd/ Pvt. Ltd) Date: Ref.# Date: Ref.# 4 Details of Incorporation of the Company 5 Details of Commencement of Business 6 7 8 9 10 11 12 Sales tax registration no. Service tax registration no. Employee Provident Fund (EPF) Registration no. Employee State Insurance (ESI) no. Permanent Account Number (PAN) Bank Mandate Form Status <tick appropriate>: 13 Name & Designation of the contact person to whom all references shall be made regarding this tender and in whose name the power of attorney has been issued. Telephone No. (with STD Code) & E-Mail of the contact person Fax No. (with STD Code) MSE Status as per the definition at clause 5.34 of the RFP <tick appropriate>: Company does not qualify the status of MSE. Company does qualify the MSE status. Relevant document is attached herewith. <please attach MSE registration certificate or a certificate from Chartered Accountant>. Company website Contact details of at least one customer from the Financial Institutions / Banks / NBFCs / Government organization / ARC / Insurance Companies, etc, where the bidder / OEM has implemented similar type of Application Software in India/ Global in last five years and the software is currently in operation as on date of RFP. Name & Address of Name & Designation of the Phone No. E-mail Fax No. the Customer contact person 14 15 16 i ii 17 Already Submitted with ISARC Being submitted herewith as per format Bank Account Details as in Bank Mandate Form: S.N. Bank Name and Branch Account Type / No. IFSC Code Original Equipment Manufacturer (OEM) (only for Hardware component) Details: Name & Address of OEM for (Name the Contact details No. of technical the OEM hardware component) & address of support staff at OEM in India India Office Whether MAF attached (Yes/ No) i ii Date Place Signature of Authorized Signatory … Name of the Authorized Signatory … Designation … Name of the Organization … Seal … Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 54 of 81 RFP for Development and Implementation of Application Software Annexure–III. Pre-qualification / Eligibility Evaluation (RFP No.: ISARC/RFP/2015/002 dated May 11, 2015) Sr. No. 1. Eligibility Criteria Compliance (Y / N) Remarks The bidder is a government organization / Public sector unit/ Limited Company/ Private Limited Company having its Registered Office in India. (Copy of Certificate of Incorporation and Commencement of business in case of Public Limited Company or Certificate of incorporation in case Private Limited Company, issued by the Registrar of Companies.) 2. The bidder is registered as IT / ITES company in India and should have been in existence for at least 03 years in India as on the date of this RFP. 3. The bidder should provide support / maintenance / upgradation during the period of contract with ISARC. 4. The Bidder should have successfully delivered at least one project of minimum order value of ` 50 lakh (software value). The bidder should have positive networth and cash profit (i.e. no cash loss) in 2 years out of last 3 years. 5. (Certificate of auditors / Chartered Accountant for last three years mentioning the turnover, net worth and cash profit.) 6. 7. Financial Details (as per audited Balance Sheet) (` in lakh) Year 2011-12 2012-13 2013-14 Net Worth Turn Over PAT The bidder has implemented at least one similar software in last 5 years in Financial Institutions / Banks / NBFCs / Government organization / ARC / Insurance Companies, etc. on 3 tier architecture with central servers at HO and branch offices in different cities and the software is currently in operation as on the date of RFP. (Certificate / relevant documents from the customer where the software is implemented and currently in operation, to be produced) 8. The bidder is not black-listed by any Public Sector Bank, RBI or IBA or any other Government agencies during the last five years. (A declaration to this effect is to be provided by the bidder) 9. The bidder should be either an ISO 9001:2008 certified company or minimum CMM 3 level. (Copy of the valid certificate to be submitted) Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 55 of 81 RFP for Development and Implementation of Application Software Annexure–IV. Technical Bid Sr. No. Particulars 1. Over all fit of existing software of the bidders to requirements of ISARC for business functionality. 2. Project Implementation Plan vis-à-vis scope of work and implementation schedule (To be provided separately by the Bidder) 3. Demonstration of in depth understanding of ISARC’s requirements through technical proposal and presentation. 4. Whether the bidder is Developer / business partner with data base and application software (environmental solution offered (environmental software) (e.g. Oracle, My SQL, etc. - partner of database software on which bidder’s software is developed) for single point support for the application system. 6. Has the bidder developed and implemented at least one similar type of software Solution in any of the Financial Institutions / Banks / Govt. Organizations / Insurance Companies in India having branches spread across multiple locations, in last two years and the solution is currently in operation. 7. Location of the office with availability of technical support engineers. 8. Has the bidder developed and implemented at least one similar type of software Solution on RDBMS with 3 tier deployment architecture with central servers at Head office and users connecting to central server from multiple locations across India. 9. The bidder shall provide one point service for all services mentioned under scope including DBA services on ongoing basis. 10. Training for upto 15 users 11. Data migration since inception 12. Supply and Installation of Hardware Tender No.: ISARC/RFP/2015/002 Bidder’s Comments Private and Confidential Page 56 of 81 RFP for Development and Implementation of Application Software Annexure–V. Commercial Bid (The costs must be in Indian Rupees) S. No Requirement Sub component / explanation Basic cost Taxes incl education cess/ any other cess Total cost Total Cost of Ownership (Project cost) 1. 2. 3. 4. Existing Application software Licenses for Head Office and branch configuration to run on RDBMS cluster consisting of Database servers and WEB application servers on three tier configuration (Up to 20 users. One Head office at Mumbai and one branch location in Kolkata) License Cost per user beyond 20 users (Should be applicable for next 3 years) Modification / Customization cost to meet ISARC requirement as laid out in the bid document Environmental software enterprise licenses (e.g. ORACLE enterprise database, web application servers, SAP, Windows server, tools, etc). List out each product license. List individual licenses and their versions Implementation / Installation Charges for application software. (Please provide cost of individual components and / or combined cost.) Setup, staging, installation, initialization, configuration, database and application server, etc. enterprise database setup middleware installation and setup application setup, training and initialization masters and variables setup, Implementation of environmental software and managed services like installation, server cluster management, set up, initial configuration and tuning of database and application servers. Managed services Installation of server cluster Complete setup of Database server / servers and middleware application servers and integration Setup and management of web domain server and application deployment Crash 5. 6. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 57 of 81 RFP for Development and Implementation of Application Software S. No Requirement Sub component / explanation 7. 8. 9. 10. Taxes incl education cess/ any other cess Total cost Year 1 Year 2 Year 3 Basic cost Taxes incl education cess/ any other cess Total cost management and reinstallation Recovery and setup of data from backups for any integrity problems Legacy data porting AMC / annual support fees for Application software for the first year, post warranty period Annual Technical Support (ATS) charges for environmental software (e.g. enterprise database and middleware server ATS, etc), patches, updates, etc for the first year along with initial licenses. Managed Services support , including DBA services (Annual) for the first year 11. Redundancy and backup Any other costs (Please specify) 12. Hardware (Servers) 13. Basic cost Server configuration and details and no. of servers with 3 year on site comprehensive warranty 14. Antivirus software 15. Any other cost To give full support and uptime with backup redundancy server / application setup. Database servers Application servers Any other servers Total Cost excluding AMC 16. S. No AMC and ATS per year and rate for next 3 years after the completion of first year of AMC / ATS (NPV shall be considered while calculation of the cost) Requirement Rate (%) Amount (Total) Sub component / explanation Additional Cost 1. 2. 3. Cost per branch for additional branch to be opened (Should be applicable for next 3 years) Updation / upgradation of software based on RBI guidelines / Act Any other cost Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 58 of 81 RFP for Development and Implementation of Application Software TCO = Project Cost + NPV (AMC) Cost for Change Management Post production installation, ISARC may need to make changes to the software due to changing business requirements. Bidder must indicate the rate for change management (if any) which would be valid from the date of the date of production installation. A person month will comprise of 22 days to arrive at person-day rate for broken periods less than a month. The rates should be inclusive of all taxes including service tax, out-of-pocket allowance, etc. Tax including Basic cost education cess/ any other cess Total cost Total Unit rate per person / month Notes: Bidders may give individual costing for each component / sub component and give combined cost of grouped components. In addition to above format, respondents may explain any other variables / offerings as a foot note to this format. i. Rate quoted towards Costs should be inclusive of all costs such as sales tax, VAT, custom duties, transportation, installation, service tax, education cess, etc. ii. Octroi / entry tax, if any, shall be reimbursed on actual on the production of receipt in ISARC’s name. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 59 of 81 RFP for Development and Implementation of Application Software Annexure–VI. Software Functionality Parameters Please fill up details against each item: a. If already available in the software version – Y (5 marks) b. Not available but will be customised: Y (3 marks) c. Not available and cannot be provided / customised – N if not available. Name of bidder: RFP No.: ISARC/RFP/2015/002 dated May 11, 2015 Sl. No. Business Functionality Parameters / Modules Max. Marks A Acquisition module 1 Pre-bidding process and details with arrangement of sharing for each portfolio acquired 5 2 Pre bid details with provision to have details of other bidders for portfolio acquisition 5 3 Bank details from whom portfolio proposed to be acquired 4 Preliminary Information and details of each account to be acquired under the portfolio 5 Details of security for each account acquired with value for each security 6 Summary of Securities with values of each security for an account, for a portfolio, for a trust 7 Option for periodic valuation of the each security with history (post acquisition) 8 Loan documents management for each account 9 Guarantors (personal and third party guarantee) for each loan account acquired. 10 Valuers / agency for a defined security 11 Release of Security on settlement (Post resolution) 12 Marking / Tagging of acquired security to multiple accounts 13 CERSAI registration module 14 Summary of assets / plant register of accounts acquired to be available as on any Tender No.: ISARC/RFP/2015/002 Available in existing software Y/N Not available but will be customized Y/N Not available and will not be customized Y/N 5 5 5 5 5 5 5 5 5 5 5 5 Private and Confidential Page 60 of 81 RFP for Development and Implementation of Application Software date 15 Demographic details of acquired assets / units 16 Promoters’ details for units taken over 17 Option for capturing financials of acquired units in structured balance sheet format 18 Trust formation and linking of each Trust to acquired portfolio and vice versa 19 Security Receipts management B Legal Module 1 Document check list for each security with status of documents submitted, checked etc 2 Tracking and Return of documents on closure / settlement of account 3 Facility to upload, retrieve and view scanned legal documents for each loan account 4 Legal actions under various sections of SARFAESI Act for each account 5 Capture of title scrutiny for a security 6 Sale Deed registration details for a security 7 Monitoring of court cases 8 Alerts for due dates for court hearing 9 Monitoring payment to Advocates - fees due, paid and outstanding. Should be linked to accounts module 10 Listing of pendency of cases - court-wise, lawyer-wise etc 11 Status and history sheet of each case with court decisions, appeals filed etc 12 Facility to track CERSAI registration details with fees payable and to be collected from customer C Recovery Operations 1 Facility to allocate accounts for recovery to a recovery officer or Agent (SRs) issue Tender No.: ISARC/RFP/2015/002 5 5 and 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 Private and Confidential Page 61 of 81 RFP for Development and Implementation of Application Software 5 2 Facility to allocate accounts based on a pre defined criteria like amount outstanding, geographical area etc to a recovery officer 3 System should have option to capture details of follow ups for each account, datewise, recovery officer-wise, agent-wise. 4 Summary of follow ups for an account, for a recovery officer, for a portfolio etc 5 Facility to capture target setting for interest and principal recovery 6 Monitoring of set targets vs. achievement 7 Facility to capture details of sale of a unit 8 One time settlement for an acquired unit 9 Generation of repayment schedule for amounts due from each account 10 Tracking of amounts fallen due and receipts against dues D Customer Interaction 1 Customer contact information 2 Log of interaction with customer (by an employee or agent), date-wise, employee wise, agent-wise 3 Summary of interactions with a customer E Accounts - System should have complete Loan and corporate Financial accounting in an integrated manner 1 Loan accounting with appropriation received amounts to loan account 2 Trust accounting. Each trust formed to have its own accounting with separate trial, Balance, P&L, etc 3 Corporate Financial accounting for all loan related, non loan related and trust transactions with single user interface 4 Creating and defining General Ledgers 5 System should have facility of having a sub GL and accounting at sub GL level for each GL 6 Tracking of payments due, paid and outstanding for a resolution agency, recovery agents, Advocates. Tender No.: ISARC/RFP/2015/002 5 5 5 5 5 5 5 5 5 5 5 of 5 5 5 5 5 5 Private and Confidential Page 62 of 81 RFP for Development and Implementation of Application Software 7 Transaction entries for payments, receipts, JVs, rectification entries etc 8 Authorization of transaction entries for payments, receipts, JVs, rectification entries etc 9 Auto appropriation of amounts received towards various expenses, interest and principal on a pre-defined criteria 10 Facility for manual appropriation 11 Daily transaction listing (with combination of parameters like by GL No., from date to date., loan account wise etc) 12 Bank Re-conciliation 13 Account statement for any loan account as on a date 14 Demand notice generation for interest and principal 15 Loan ledger for each account 16 Bank book 17 Cash book 18 Trial Balance 19 P & L account statement 20 Balance Sheet 21 ALM/ Cash Flows Statements 22 Statement of Structural Liquidity with inflows and outflows in various future user definable time buckets 23 Account status for a unit - Payments due, received, outstanding 24 Interest rate management 25 Interest calculation sheet (with amounts due, default and interest applied) for each account / unit) 26 Auto / manual generation of fees due from customers based on an activity with provision to waive fees in the system 27 Status of fees and charges due, received, waived w.r.t to a unit and portfolio Tender No.: ISARC/RFP/2015/002 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 Private and Confidential Page 63 of 81 RFP for Development and Implementation of Application Software 28 Status of amounts due, paid, received, etc with respect to a portfolio, trust, individual account, etc as single point view 29 Post dated cheque management with: - Entry of Post Dated Cheques - Retrieval of cheques due for deposit on a day - Auto posting of Post Dated Cheques deposited in the bank 5 5 F Security and User management. System should have facility for creation of users, and deactivating a user 1 Facility to create user 2 User should be able to change own password 3 Supervisor / authorized person should be able change any user’s password / deactivate a user 4 Facility to allocate a set of workflow activities to a selected users as per program modules in the system G MIS - Below is indicative list of MIS and reports required. The list may be revised during implementation 1 Data analytics and DSS reports in a pro active manner for recoveries made, status of assets acquired, fees paid and due, loan outstanding, legal cases etc with combination of 5 5 5 5 5 o Portfolio o Trusts o Banks / Institutions from which loans taken over o Macro status of receivables and outflows o Targets Vs performance in various areas of operation o MIS on accounts taken over and their performance based on industry, geographical area etc o Seizure and sale of units o Collation and output of data in any combination required by the management o Initial bid vs. actual profits made - for a unit, for a bank, for a trust etc 2 Pro active alerts on various aspects like: Tender No.: ISARC/RFP/2015/002 5 Private and Confidential Page 64 of 81 RFP for Development and Implementation of Application Software o Amounts due and un paid in a timeframe o Required activities to be performed for seizure and sale o Court cases - Alerts for dates of hearing o Other identified activities that are time and target bound 3 E- workflow - employee interaction - Inter employee Log of interactions / activities done 4 Statutory Reports to government institutions. 5 Intimations, notices, etc. to be sent to customers RBI and Total Marks other 5 5 5 410 Extent of customisation required to be calculated as under: Marks obtained as per Annexure–VI ------------------------------------------------------------ X 30 Maximum marks as per Annexure–VI (410) Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 65 of 81 RFP for Development and Implementation of Application Software Annexure–VII. Declaration Regarding Clean Track Record (To be submitted on Bidder’s company letter head) Date: India SME Asset Reconstruction Company Limited, 1004, 10th Floor, Naman Centre, Plot No. C-31, G Block, Bandra Kurla Complex (BKC), Bandra (E) Mumbai – 400 051 Dear Sir, Declaration Regarding Clean Track Record (RFP No.: ISARC/RFP/2015/002 dated May 11, 2015) Dear Sir, I have carefully gone through the Terms & Conditions contained in the (RFP No.: ISARC/RFP/2015/002 dated May 11, 2015) regarding selection of the bidder for development and implementation of application software in ISARC. We hereby declare that our company has not been debarred/ black listed by any Public Sector Bank, RBI, IBA or any other Government / Semi Government organizations in India during last 05 years. I further certify that I am competent officer in my company to make this declaration that our bid is binding on us and persons claiming through us and that you are not bound to accept a bid you receive. Thanking you, Yours sincerely, Date Place Signature of Authorized Signatory … Name of the Authorized Signatory … Designation … Name of the Organisation … Seal … Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 66 of 81 RFP for Development and Implementation of Application Software Annexure–VIII. Statement of Deviations (To be submitted on Bidder’s company letter head) (RFP No.: ISARC/RFP/2015/002 dated May 11, 2015) Bidders are required to provide details of all deviations, comments and observations or suggestions in the following format with seal and signature. You are also requested to provide a reference of the page number, state the clarification point and the comment / suggestion / deviation that you propose as shown below. ISARC may at its sole discretion accept or reject all or any of the deviations, however it may be noted that the acceptance or rejection of any deviation by ISARC will not entitle the bidder to submit a revised commercial bid. Further, any deviation mentioned elsewhere in the response other than in this format shall not be considered as deviation by ISARC. List of Deviations – RFP for Development and Implementation of Application Software Sr. No. Clarification point as stated in the tender document Page / Section Number in RFP Comment / Suggestion/ Deviation 1. 2. <additional rows may be added, if required> Date Place Signature of Authorized Signatory: Name of the Authorized Signatory: Designation: Name of the Organisation: Seal: Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 67 of 81 RFP for Development and Implementation of Application Software Annexure–IX. Letter of Competence (To be executed on a non judicial stamp paper of requisite value) (RFP No.: ISARC/RFP/2015/002 dated May 11, 2015) This is to certify that we [Insert name of Bidder], address ………………….. are fully competent to undertake and successfully deliver the services as per scope mentioned in the above RFP. This bid is being submitted after fully understanding the objectives of the project and requirements of providing services as mentioned in the captioned RFP. We certify that the quality and number of resources to be deployed by us for implementation will be adequate to deliver the services professionally and competently within the prescribed time frame and Service Level Agreements (SLAs). We also certify that all the information given by us in response to this RFP is true and correct. Thanking you, Yours sincerely, Date Place Signature of Authorized Signatory … Name of the Authorized Signatory … Designation … Name of the Organisation … Seal … Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 68 of 81 RFP for Development and Implementation of Application Software Annexure–X. Power of Attorney (To be executed on a non judicial stamp paper of requisite value) (RFP No.: ISARC/RFP/2015/002 dated May 11, 2015) BY THIS POWER OF ATTORNEY executed at __________ on _____________________, 2015, We, _______________, a Company incorporated under the Companies Act, 1956, having its Registered Office at ______________________ (hereinafter referred to as “the Company”) doth hereby nominate, constitute and appoint <Name>, <Employee No.>, < Designation> of the Company, as its duly constituted Attorney, in the name and on behalf of the Company to do and execute any or all of the following acts, deeds, matters and things, namely :- Execute and submit on behalf of the Company a Proposal and other papers / documents with ‘India SME Asset Reconstruction Company Limited’ (“ISARC”) relating to ‘ISARC/RFP/2015/002 dated May 11, 2015) for Development and Implementation of Application Software and to attend meetings and hold discussions on behalf of the Company with ISARC in this regard. THE COMPANY DO hereby agree to ratify and confirm all whatsoever the attorney shall lawfully do or cause to be done under or by virtue of these presents including anything done after revocation hereof but prior to actual or express notice thereof being received by the person or persons for the time being dealing with the attorney hereunder. IN WITNESS WHEREOF, _______________________ has caused these presents to be executed by _______________________ on the day, month and year mentioned hereinabove. For and on behalf of the Board of Directors of _____________________ _______________ ______________________ WITNESS: Signature of _______________ _____________ Notarized ______________ Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 69 of 81 RFP for Development and Implementation of Application Software Annexure–XI. Performance Bank Guarantee (To be executed on a non judicial stamp paper of requisite value) (This is a sample format and final contents are subject to Verification before execution of the document. Document to be executed by successful bidder) BANK GUARANTEE India SME Asset Reconstruction Company Limited, 1004, 10th Floor, Naman Centre, Plot No. C-31, G Block, Bandra Kurla Complex (BKC), Bandra (E) Mumbai – 400 051 KNOW ALL MEN BY THESE PRESENTS that in consideration of the India SME Asset Reconstruction Company Limited (ISARC), a Company incorporated under Companies Act, 1956 and having its Head Office at 1004, 10th Floor, Naman Centre, Plot No. C-31, G Block, Bandra Kurla Complex (BKC), Bandra (E), Mumbai – 400 051 (hereinafter called “ISARC”) having agreed to award a contract to M/s. ‘Service Provider Name’ having its office at ‘Service Provider’s Office Address’, (hereinafter called "the Service Provider") for “Development and Implementation of Application Software” on the terms and conditions contained in the Purchase Order No………. dated __________ placed with the Service Provider and ISARC (hereinafter called "the said Order”) which terms, interalia, stipulates for submission of Bank guarantee for 10% of the contract value (software component) i.e. ` _______ (Rupees _____________________ only), for the due fulfillment by the Service Provider of the terms and conditions of the said Order. At the request of the Service Provider, (Bank name & address) _______, having its principal/ registered office at ____________________________ and, for the purposes of this Guarantee, acting through its branch namely (Bank name & address)______ _______ (herein after referred to as (Bank name) _____________ which term shall mean and include, unless to repugnant to the context or meaning thereof, its successors and permitted assigns), hereby issue our guarantee No ____________________ in favour of ISARC. 1. We, do hereby unconditionally and irrevocably undertake to pay to ISARC, without any demur or protest, merely on receipt of a written demand in original before the close of banking business hours on or before ____________, at our counters at (Bank address) ________ from ISARC an amount not exceeding _________________ by reason of any breach by the Service Provider of the terms and conditions contained in the said Agreement, the opinion of the ISARC regarding breach shall be final, conclusive and binding. 2. We do hereby guarantee and undertake to pay forthwith on written demand to ISARC such sum not exceeding the said sum of ` _______ (Rupees _____________________ only) as may be specified in such written demand, in the event of the Service Provider failing or neglecting to perform the said Order for “Development and Implementation of Application Software” to ISARC in the manner and in accordance with the design specification, terms and conditions, contained or referred to in the said Order during its tenure. 3. We further agree that the guarantee herein contained shall remain in full force and effect till all obligations of Service Provider under or by virtue of the said Order have been fully and properly carried out or till validity date of this guarantee i.e. ________, whichever is earlier. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 70 of 81 RFP for Development and Implementation of Application Software 4. We undertake to pay to ISARC all the money as per this Guarantee, notwithstanding any dispute or disputes raised by the Service Provider in any suit or proceeding pending before any court, tribunal or authority relating thereto or otherwise and our liability under these being absolute and unequivocal. 5. We further agree with you that ISARC shall have the fullest liberty without our consent and without affecting in any manner our obligation hereunder (i) to vary any of the terms and conditions of the said Order (ii) to extend time for performance by the said Service Provider from time to time or postpone for any time (iii) to exercise or forbear to exercise any of the powers exercisable by ISARC against said Service Provider and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reasons of any such variations or modifications or extension being granted to the said Service Provider for any forbearance act or omission on the part of ISARC or any indulgence by the ISARC to the said agreement or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provisions, have an effect of so relieving us. However, nothing contained hereinbefore shall increase our liability under the guarantee above __________________ or extend beyond _____________ 6. The liability under this guarantee is restricted to ` _______ (Rupees _____________________ only) and will expire on (date) _______ and unless a claim in writing is presented to us at counters at (bank & address) _____________________ on or before (date) __________ all your rights will be forfeited and we shall be relieved of and discharged from all our liabilities hereunder. 7. The Guarantee herein contained shall not be determined or affected by Liquidation or winding up or insolvency or closure of the Service Provider or any change in the constitution of the Service Provider or of the Bank. 8. The executants has the power to issue this guarantee and executants on behalf of the Bank and hold full and valid Power of Attorney granted in their favour by the Bank authorizing them to execute this guarantee. 9. Notwithstanding anything contained hereinabove, our liability under this guarantee is restricted to `___________ (Rupees______________). 10. This guarantee shall remain in force until (date) _________. Our liability hereunder is conditional upon your lodging a demand or claim with us and unless a demand or claim is lodged with us on or before (date) _________, your rights under the guarantee shall be forfeited and we shall not be liable there under. This guarantee shall be governed by and construed in accordance with the laws of India. The Guarantee will be returned to the Bank when the purpose of the guarantee has been fulfilled or at its expiry, whichever is earlier. 11. We, (bank name, place) __________lastly undertake not to revoke this guarantee during its currency except with the previous consent of ISARC in writing. 12. Notwithstanding anything to the contrary contained herein, the liability of (bank name & place) under this guarantee is restricted to a maximum total amount of ` _________ (Rupees _____________). 13. Our liability pursuant to this guarantee is conditional upon the receipt of a valid and duly executed written claim, in original, by (bank name & address) __________, delivered by hand, courier or registered post, prior to close of banking hours on (date) ________, failing which all rights under this guarantee shall be forfeited and (bank name & place) _____________ shall be absolutely and unequivocally discharged of all of its obligations hereunder. This Guarantee shall be governed by and construed in accordance with the laws of India and competent courts in the city of (place ______) shall have exclusive jurisdiction. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 71 of 81 RFP for Development and Implementation of Application Software 14. Kindly return the original of this guarantee to (bank name & address) upon the earlier of (a) its discharge by payment of claims aggregating to ` _________ (Rupees _____________) (b) fulfillment of the purpose for which this guarantee was issued; or (c) ________ (date)” 15. All claims under this guarantee will be made payable at (bank name & address) ______________ by way of DD payable at Mumbai In witness where of we ...................... have set and subscribed our hand and seal this ........................ day of .........................2015. SIGNED, SEALED AND DELIVERED. BY AT IN THE PRESENCE OF WITNESS : Tender No.: ISARC/RFP/2015/002 1) Name.......................... Signature....................... Designation.................. 2) Name.......................... Signature....................... Designation.................. Private and Confidential Page 72 of 81 RFP for Development and Implementation of Application Software Annexure–XII. Letter of Conformity (To be submitted on Bidder’s company letter head) Date: India SME Asset Reconstruction Company Limited, 1004, 10th Floor, Naman Centre, Plot No. C-31, G Block, Bandra Kurla Complex (BKC), Bandra (E) Mumbai – 400 051 Dear Sir, Development and Implementation of Application Software (RFP No.: ISARC/RFP/2015/002 dated May 11, 2015) We, the undersigned bidders, having read and examined the aforesaid RFP document, issued by ISARC do hereby covenant, warrant and confirm as follows: We hereby agree to comply with all the terms and conditions / stipulations as contained in the RFP and the related addendums and other documents including the changes made to the original tender documents issued by ISARC, provided however that only the Statement of Deviations furnished by us in Annexure–VIII of the main RFP document which are expressly clarified by ISARC and communicated to us in writing, shall form a valid and binding part of the aforesaid RFP document. ISARC is not bound by any other extraneous matters or deviations, even if mentioned by us elsewhere either in our proposal or any subsequent deviations sought by us, whether orally or in writing, and ISARC’s decision not to accept any such extraneous conditions and deviations will be final and binding on us and persons claiming through us. We also here by confirm that our prices as specified in our Commercial Bid are as per the Payment terms specified in the Tender document. Thanking you, Yours sincerely, Date Place Signature of Authorized Signatory … Name of the Authorized Signatory … Designation … Name of the Organisation … Seal … Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 73 of 81 RFP for Development and Implementation of Application Software Annexure–XIII. EMD / Bank Guarantee in Leiu of EMD (Sample Format – To be executed on a non-judicial stamped paper of requisite value) To: INDIA SME ASSET RECONSTRUCTION COMPANY LTD. (ISARC) WHEREAS …………………………………………………….. (Name of Bidder) (hereinafter called the ‘the Bidder”) has undertaken, in pursuance of ISARC/RFP/2015/002 dated May 11, 2015) for the “Development and Implementation of Application Software” (description of Products and Services) (herein after called the ‘the RFP”) to you. AND WHEREAS, it has been stipulated by you in the said RFP that the Bidder shall furnish you with a Bank Guarantee from a scheduled commercial Bank for the sum specified therein, as security for compliance with the Bidder’s performance obligations in accordance with the RFP. AND WHEREAS we ---------------- Bank having its registered office at ----- and inter alia a branch office situate at ------- have agreed to give a performance guarantee in lieu of EMD of ` --------(Rupees ------------------ only) on behalf of the Bidder. We ------------------- Bank further undertake not to revoke and make ineffective the guarantee during it’s currency except with the previous consent of ISARC in writing. We ------ Bank do hereby unconditionally and irrevocably undertake to pay to ISARC without any demur or protest, merely on demand from ISARC, an amount not exceeding ` ---------- (Rupees --------- only) by reason of any breach of the terms of the RFP dated ---- by bidder. We hereby agree that the decision of ISARC regarding breach of the terms of the RFP shall be final, conclusive and binding on us. WE do hereby guarantee and undertake to pay forthwith on demand to ISARC a sum not exceeding `……………/-. (Rupees ………………………….. …only) (amount of the Guarantee in words and figures) and we undertake to pay you upon your first written demand declaring the Bidder to be in default under the RFP and without cavil or argument, any sum or sums within the limit of `……………/-. (Rupees …………………………..… only) (Amount of guarantee) as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein. Our obligation to make payment under this Guarantee shall be a primary, independent and absolute obligation and we shall not be entitled to delay or withhold payment for any reason. Our obligations hereunder shall not be affected by any act, omission, matter or thing which but for this provision might operate to release or otherwise exonerate us from our obligations hereunder in whole or in part, including and whether or not known to us or you: (i) any time or waiver granted to the bidder; (ii) the taking, variation, compromise, renewal or release of or refusal or neglect to perfect or enforce any rights, remedies or securities against the bidder; (iii) any Variation of or amendment to the RFP or any other document or security so that references to the Contract in this Guarantee shall include each such Variation and amendment; (iv) any unenforceability, invalidity or frustration of any obligation of the Bidder or any other person under the RFP or any other document or security waiver by you of any of the terms provisions conditions obligations UNDER RFP or any failure to make demand upon or take action against the Bidder; (v) any other fact, circumstance, provision of statute or rule of law which might, were our liability to be secondary rather than primary, entitle us to be released in whole or in part from our undertaking; and; (vi) any change in constitution of the bidder; Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 74 of 81 RFP for Development and Implementation of Application Software (vii) any petition for the winding up of the Bidder has been admitted and a liquidator or provisional liquidator has been appointed or an order of bankruptcy or an order for the winding up or dissolution of the bidder has been made by a Court of competent jurisdiction; The written demand referred to in paragraph above shall be deemed to be sufficiently served on us if you deliver to us at the address as set out above. This guarantee is valid until the ……….. day of <validity date> and a claim in writing is required to be presented to us within one months from <validity date> i.e. on or before <claim period> failing which all your rights will be forfeited and we shall be relieved of and discharged from all our liabilities mentioned hereinabove. Signature and Seal of Guarantors (Bidder’s Bank) ………………………………………………………….. Date……………………………………………………. Address ………………………………………………… …………………………………………………………… …………………………………………………………… ********* Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 75 of 81 RFP for Development and Implementation of Application Software Annexure–XIV. Non-Disclosure Agreement (Sample Format – To be executed on a non-judicial stamped paper of requisite value) WHEREAS, we, ___________________________________, having Registered Office at __________________________________, hereinafter referred to as the COMPANY, are agreeable to execute “Development and Implementation of Application Software” as per scope defined in the ISARC/RFP/2015/002 dated May 11, 2015) for India SME Asset Reconstruction Company Limited, having its Head office at 1004, 10th Floor, Naman Centre, Plot No. C-31, G Block, Bandra Kurla Complex (BKC), Bandra (E), Mumbai – 400 051 (hereinafter referred to as the ISARC) and, WHEREAS, the COMPANY understands that the information regarding ISARC’s Infrastructure shared by ISARC in their Request for Proposal is confidential and/or proprietary to ISARC, and WHEREAS, the COMPANY understands that in the course of submission of the offer for the said RFP and/or in the aftermath thereof, it may be necessary that the COMPANY may perform certain jobs/duties on ISARC’s properties and/or have access to certain plans, documents, approvals, data or information of ISARC; NOW THEREFORE, in consideration of the foregoing, the COMPANY agrees to all of the following conditions, in order to induce ISARC to grant the COMPANY specific access to ISARC’s property/information, etc.; The COMPANY will not publish or disclose to others, nor, use in any services that the COMPANY performs for others, any confidential or proprietary information belonging to ISARC, unless the COMPANY has first obtained ISARC’s written authorization to do so; The COMPANY agrees that information and other data shared by ISARC or, prepared or produced by the COMPANY for the purpose of submitting the offer to ISARC in response to the said RFP, will not be disclosed to during or subsequent to submission of the offer to ISARC, to anyone outside ISARC; The COMPANY shall not, without ISARC’s written consent, disclose the contents of this Request for Proposal (Bid) or any provision thereof, or any specification, plan, pattern, sample or information (to be) furnished by or on behalf of ISARC in connection therewith, to any person(s) other than those employed/engaged by the COMPANY for the purpose of submitting the offer to ISARC and/or for the performance of the Contract in the aftermath. Disclosure to any employed/ engaged person(s) shall be made in confidence and shall extend only so far as necessary for the purposes of such performance. Yours sincerely, Date Place Signature of Authorized Signatory … Name of the Authorized Signatory … Designation … Name of the Organisation … Seal … Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 76 of 81 RFP for Development and Implementation of Application Software Annexure–XV. Bank Mandate Form (To be submitted in Duplicate) (Please fill in the information in CAPITAL LETTERS. Please TICK wherever it is applicable) 1. Name of Borrower / bidder / supplier: _________________________________ _________________________________ Bidder Code (if applicable) _________________________________ 2. Address of the Borrower / bidder / supplier: _________________________________ _________________________________ City ____________________ Pin Code ______________ E-mail id: _________________________________________ Phone No. with STD code: ______________ Mobile No.:_______________________________________ Permanent Account Number ______________________ MSE Registration / CA Certificate _________________ (if applicable) 3. Particulars of Bank account: Beneficiary Name Bank Name Branch Name Branch Place Branch City PIN Code Branch Code MICR No. Account type Saving Current Account No. (as appearing in the Cheque book) Cash Credit 1 (Code number appearing on the MICR cheque supplied by the Bank. Please attach a cancelled cheque of your bank for ensuring accuracy of the bank name, branch name & code and Account Number) IFSC CODE2 For RTGS transfer For NEFT transfer 4. Date from which the mandate should be effective : I hereby declare that the particulars given above are correct and complete. If any transaction is delayed or not effected for reasons of incomplete or incorrect information, I shall not hold ISARC / IDBI Bank responsible. I also undertake to advise any change in the particulars of my account to facilitate updation of records for purpose of credit of amount through RBI RTGS/NEFT. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 77 of 81 RFP for Development and Implementation of Application Software Place : _____________ Date _____________ : Signature of the party / Authorized Signatory ………………………………………………………………………………………………………………… Certified that particulars furnished above are correct as per our records. Bank’s stamp: Date : (Signature of the Authorized Official from the Banks) N.B.: RTGS/NEFT charges if any, is to be borne by the party 1, 2 : Note on IFSC / MICR Indian Financial System Code (IFSC) is an alpha numeric code designed to uniquely identify the bank-branches in India. This is 11 digit code with first 4 characters representing the bank’s code, the next character reserved as control character (presently 0 appears in the fifth position) and remaining 6 characters to identify the branch. The MICR code, (Magnetic Ink Character Recognition) that appears on cheques, has 9 digits to identify the bank-branch. RBI had since advised all the banks to print IFSC on cheque leaves issued to their customers. A customer may also contact his bank-branch and get the IFS Code of that branch. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 78 of 81 RFP for Development and Implementation of Application Software Annexure–XVI. Undertaking of Authenticity [to be signed by authority not lower than the Company Secretary of the Bidder] Ref: Date: The Deputy General Manager, India SME Asset Reconstruction Company Limited, 1004, 10th Floor, Naman Centre, Plot No. C-31, G Block, Bandra Kurla Complex (BKC), Bandra (E) Mumbai – 400 051 Dear Sir, Sub: Undertaking of Authenticity for ISARC/RFP/2015/002 dated May 11, 2015) With reference to -------------- equipment quoted to you vide our quotation No.: _________________dated ________________ in response to your Tender No. ISARC/RFP/2015/002 dated May 11, 2015), we hereby undertake that all the components / parts / assembly / software used in the hardware items shall be original/ new from respective OEMs of the products and that no refurbished / duplicate / second hand components / parts / assembly / software are being used or shall be used. 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 and also that it shall be sourced from the authorized source. 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 the IT hardware / software already billed, we agree to take back the same, if already supplied and return the money if any paid to us by you in this regard. We (Bidder 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 Place Date Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 79 of 81 RFP for Development and Implementation of Application Software Annexure–XVII. Manufacturer’s Authorisation Form (MAF) (To be submitted on OEM’s letter head) Ref: Date: The Deputy General Manager, India SME Asset Reconstruction Company Limited, 1004, 10th Floor, Naman Centre, Plot No. C-31, G Block, Bandra Kurla Complex (BKC), Bandra (E) Mumbai – 400 051 Dear Sir, Sub: Manufacturer’s Authorization for ISARC/RFP/2015/002 dated May 11, 2015) We <OEM Name> having our registered office at <OEM Address> are an established and reputed manufacturer of <hardware details> do hereby authorize M/s_________________ (Name and address of the Partner) to offer their quotation, negotiate and conclude the contract with you against the above invitation for tender offer. We hereby extend our full guarantee and warranty as per terms and conditions of the tender and the contract for the solution, products/ equipment and services offered against this invitation for tender offer by the above firm and will extend technical support and updates for our products for a period of 5 years from the date of acceptance. We also confirm that we will ensure all product upgrades (including software upgrades and new product feature releases) are provided by M/s …….. for all the products quoted for and supplied to ISARC during the one (01) year product warranty period and three (03) years AMC period, if contracted. In case this is not considered while quoting and in the event M/s …………. fail in their obligations to provide the upgrades within 30 days of release / announcement, we hereby confirm that we will provide the same to ISARC at no additional cost to ISARC and we will directly install the updates and upgrades and any new product releases at ISARC’s premises. <OEM Name> <Authorized Signatory> Name: Designation: Note: This letter of authority should be on the letterhead of the OEM and should be signed by a person competent and having the power of attorney to bind the manufacturer. It should be included by the bidder in its bid. Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 80 of 81 RFP for Development and Implementation of Application Software End of RFP Document Tender No.: ISARC/RFP/2015/002 Private and Confidential Page 81 of 81
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