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Tender ISO Certification BOB

The Bank of Baroda is issuing a Request for Proposal (RFP) to select a technology partner for ISO22301:2019 certification for its Business Continuity Management System. Key dates include the RFP issuance on August 21, 2024, a pre-bid meeting on August 28, and the submission deadline on September 11, 2024. Bidders must comply with eligibility criteria and submit their proposals via the Government e-Marketplace (GeM).

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Pragya Singh
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0% found this document useful (0 votes)
31 views78 pages

Tender ISO Certification BOB

The Bank of Baroda is issuing a Request for Proposal (RFP) to select a technology partner for ISO22301:2019 certification for its Business Continuity Management System. Key dates include the RFP issuance on August 21, 2024, a pre-bid meeting on August 28, and the submission deadline on September 11, 2024. Bidders must comply with eligibility criteria and submit their proposals via the Government e-Marketplace (GeM).

Uploaded by

Pragya Singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Request for Proposal (RFP)

For selection of technology partner for


ISO22301:2019 certification for Business
Continuity Management System

Bank of Baroda
Baroda Sun Tower
IT Department
C-34, G-Block
Bandra Kurla Complex
Bandra (East), Mumbai - 400 051

Bid Number: GEM/2024/B/5303770


21st August 2024
[A] Important Dates:

# Particulars Timeline
1 RFP Issuance Date 21st August 2024
1. Mr. Prasoon Padhye, Officer (IT)
2. Contact No. – 022-6845 0839 / 0844
3. Email: [Link]@[Link]
RFP Coordinator Name, 4. Postal Address: The Chief Manager (IT
2 Contact details (Bank) Procurement), Bank of Baroda, Kohinoor Square,
6th Floor, Room No. 603, N.C. Kelkar Marg, R.G.
Gadkari Chowk, Shivaji Park, Near Sena
Bhawan, Dadar (West), Mumbai – 400028.
o Pre bid meeting will be held online through Bank’s
Online Meeting Platform (i.e. Microsoft Teams) on
28th August 2024, 03:00 PM
o Bidder to submit a maximum of -2- participant’s
names, contact numbers, designations and e-mail
IDs on [Link]@[Link] in
3 Pre–bid Meeting details advance before pre-bid meeting along with pre-bid
clarification.
o Pre-bid meeting link:
Join meeting
Meeting ID: 428 143 680 482
Passcode: 5KRWz4

Last Date of Submission 11th September 2024, 03:00 PM


4 of RFP Response Mode: Online
(Closing Date) (on GeM Portal)
Eligibility Cum
5 Technical Bid Opening 11th September 2024, 03:30 PM
Date
The commercial bids of only those Bidders who
6 Commercial Bid qualify in eligibility and technical evaluation will be
opened.
Bid Security (Earnest Rs 5 Lakh. MSE / Startups and others will be exempted
7 Money Deposit) from EMD submission as per Govt. of India and/or GeM
guidelines.
8 Mode of bid submission Online on Government e Marketplace (GeM)
Support details of helpdesk-gem@[Link]
9
Online Portal facilitator 1800-419-3436; 1800-102-3436

Request for Proposal (RFP) for selection of technology partner for ISO22301:2019 certification for
Business Continuity Management System
Bank of Baroda Confidential Page 2 of 78
[B] Important Clarifications:

Following terms are used in the document interchangeably to mean:


1. Bank, BOB means ‘Bank of Baroda’
2. Recipient, Respondent, Bidder, service provider, vendor means the respondent to
the RFP document
3. RFP means the Request For Proposal document
4. Proposal, Bid means “Response to the RFP Document”
5. Support means Support & Services to be provided as part of the Scope of Work
6. MSP means Managed Service Provider of the Bank for Data Center
7. ISO means International Organization for Standardization
8. SLA means Service level Agreement
9. NDA means Non-Disclosure Agreement
10. BOM – Bill of Material
11. SI – System Integrator
12. GeM – Government-e-Marketplace
13. Annual Technical Support (ATS)
14. Central Vigilance Commission (CVC)
15. One Time Cost (OTC)
16. Total Cost of Ownership (TCO)
17. EMD – Earnest Money Deposit
18. Support means Support & Services to be provided as part of the Scope of Work
19. Application Programming Interface (API)
20. NPV mean Net Present Value
21. UAT means User Acceptance Test
22. DC Means Data Centre
23. DR Means Data Recovery Centre
24. Management Information System (MIS)
25. SP means Service Provider or vendor

Confidentiality:
This document is meant for the specific use by the Company / person/s interested to participate in the current tendering
process. This document in its entirety is subject to Copyright Laws. Bank of Baroda expects the vendors or any person acting
on behalf of the vendors strictly adhere to the instructions given in the document and maintain confidentiality of information.
The vendors will be held responsible for any misuse of information contained in the document, and liable to be prosecuted by
the Bank In the event that such a circumstance is brought to the notice of the Bank. By downloading the document, the
interested party is subject to confidentiality clauses.

Request for Proposal (RFP) for selection of technology partner for ISO22301:2019 certification for
Business Continuity Management System
Bank of Baroda Confidential Page 3 of 78
Contents
1. Introduction ........................................................................................................ 6
2. Project overview and scope .............................................................................. 6
3. Contract period .................................................................................................. 6
4. Pre-Qualification for Submission of Bid .......................................................... 6
5. Bid Security / Earnest Money Deposit (EMD) .................................................. 6
6. Exemption for EMD amount .............................................................................. 7
7. Preference to make in India initiative ............................................................... 7
8. Performance Guarantee .................................................................................... 8
9. Sub - Contracting ............................................................................................... 8
10. Service Level Agreement and Non-Disclosure Agreement ............................ 8
11. Compliance with Laws ...................................................................................... 9
12. Termination ........................................................................................................ 9
13. Grievance Redressal and Dispute Resolution................................................. 9
14. Dispute Resolution ............................................................................................ 9
15. Governing Laws ............................................................................................... 10
16. Prevention of Corrupt and Fraudulent Practices .......................................... 10
17. Authorized Signatory ....................................................................................... 11
18. The bid submission by related parties ........................................................... 11
19. Right to Reject Bids ......................................................................................... 11
20. General Terms and conditions ....................................................................... 12
21. Information Confidentiality ............................................................................. 17
22. Disclaimer ......................................................................................................... 17
Annexure 01 – Guidelines for bid submission details ........................................ 19
Annexure 02 – Bid Evaluation Terms ................................................................... 22
Annexure 03 – Declaration/ undertaking from bidder regarding applicability of
restrictions on procurement from a bidder of a country which shares a land
border with India as per the order no. 6/18/2019-PPD dated 23rd July 2020
issued by Ministry of finance department of expenditure .................................. 30
Annexure 04 – Bid Security / Earnest Money Deposit (EMD) Details ................ 34
Annexure 05 – Bid Security Form (Bank Guarantee) .......................................... 36
Annexure 06 – Bid Security Declaration by Bidder ............................................. 39
Annexure 07 – Undertaking from the Bidder ....................................................... 41
Annexure 08 – Pre-Bid Queries Form ................................................................... 43
Annexure 09 – Conformity Letter .......................................................................... 44
Annexure 10 – Project Details Scope of Work ..................................................... 45
Request for Proposal (RFP) for selection of technology partner for ISO22301:2019 certification for
Business Continuity Management System
Bank of Baroda Confidential Page 4 of 78
A. Project Scope ................................................................................................... 45
B. Delivery SLA and Delivery .............................................................................. 48
Annexure 11 – Masked Commercial Bid .............................................................. 52
(Amount in Rs.)....................................................................................................... 52
Annexure 12 – Commercial Bid ............................................................................ 54
(Amount in Rs.)....................................................................................................... 54
Annexure 13 – Binding Criteria for Technical Presentation ............................... 56
Annexure 14 – Performance Guarantee ............................................................... 57
Annexure 15 – Integrity Pact ................................................................................. 60
Annexure 16 – SERVICE LEVEL AND NON DISCLOSURE AGREEMENT
FORMAT .................................................................................................................. 65

Request for Proposal (RFP) for selection of technology partner for ISO22301:2019 certification for
Business Continuity Management System
Bank of Baroda Confidential Page 5 of 78
1. Introduction
Bank of Baroda is one of the largest Public Sector Bank (PSU) in India with a branch
network of over 8100+ branches in India and 95+ branches/offices overseas including
branches / offices of our subsidiaries, distributed in 15+ countries.
Bank of Baroda, a body corporate constituted under the Banking Companies
(Acquisition & Transfer of Undertakings) Act 1970, having its Corporate Office at C-
26, G-Block, Bandra Kurla Complex, Bandra East, Mumbai - 400051 (hereinafter
referred to as the “Bank”) which expression unless repugnant to the context or
meaning thereof shall mean and include its successors and assigns), intends to issue
this RFP document, hereinafter called RFP, to eligible Bidders, hereafter called as
‘Bidders’, to participate in the competitive bidding for implementation of Business
Continuality Management System Certification 22301:2019 for Data Center.
2. Project overview and scope
This Request for Proposal (RFP) document has been prepared solely for the purpose
of enabling Bank of Baroda (“the Bank”) to select a bidder for implementation of
Business Continuality Management System Certification 22301:2019 for Data Center.
Bank invites proposal from Bidders who are interested to participate in this RFP and
able to fulfil the eligibility criteria mentioned under Annexure 02 and also in a position
to comply with technical requirements as mentioned under Project Scope (Annexure
10). Apart from the above the Bidder must also agree to all our terms & conditions
mentioned under this RFP.
The detail scope of work is mentioned under annexure 10. However, Bank reserves
the right to modify/ change the scope of work at any phase of this contract.
3. Contract period
The Contract with selected Bidder will be for a period of 4 years starting from date of
the Purchase Order. The contract will be deemed completed only when all the items
and services contracted by the Bank are provided in good condition, installed,
implemented, tested and accepted along with the associated documentation provided
to Bank’s employees; as per the requirements of the contract executed between the
Bank and successful bidder.
4. Pre-Qualification for Submission of Bid
The bidders satisfying the eligibility conditions (mentioned under Annexure 02) and
General terms and conditions specified in this document and ready to provide the said
“Services” in conformity with Scope of Work stipulated in Annexure 10, may submit
their bid through Government e Marketplace (GeM) on or before the time line
stipulated in the [A] Important Dates.
Bank will not accept the bid through any other mode except GeM. Detailed guidelines
for submission details are mentioned under Annexure 01.
5. Bid Security / Earnest Money Deposit (EMD)
Bidders are required to provide an earnest money deposit of an amount as mentioned
in “[A] Important Dates” at the time of bid submission. The proof of the same is to be
submitted while opening of eligibility cum technical bid, failing of which the bid of the
concerned bidder may be rejected. Bid Security (Earnest Money Deposit) shall be paid
through electronic mode or in the form of Bank Guarantee (Annexure 05) for an equal
Request for Proposal (RFP) for selection of technology partner for ISO22301:2019 certification for
Business Continuity Management System
Bank of Baroda Confidential Page 6 of 78
amount issued by a Scheduled Commercial Bank (other than Bank of Baroda) located
in India. This Bid-security is valid for 8 months and to be submitted through the
electronic mode to the below mention account. The details of the account are as under.
✓ Account Number-29040400000417
✓ Account Name – Bank of Baroda
✓ Branch- BKC, Mumbai
✓ IFSC- BARB0BANEAS
Non-submission of Earnest Money Deposit in the format prescribed in RFP will lead
to outright rejection of the Offer. The EMD of unsuccessful bidders will be returned to
them on completion of the procurement process and no interest will be paid on EMD.
The EMD (Earnest Money Deposit) of successful bidder(s) will be returned on
submission of Performance Bank Guarantee / security deposit.

The amount of Earnest money deposit would be forfeited in the following scenarios:
a. In case the bidder withdraws the bid prior to validity period of the bid for any reason
whatsoever.
b. In case of the successful bidder, if the bidder fails or refuses to accept and sign the
contract as specified in this document within 1 month of issue of contract
order/letter of intent for any reason whatsoever; or
 Fail To provide the performance guarantee within 30 days from the
purchase order date, for any reason whatsoever.
 To comply with any other condition precedent to signing the contract
specified in the RFP documents.
6. Exemption for EMD amount
Exemption from submission of EMD shall be given to bidders, who are Micro and Small
Enterprises (MSEs) / Start-ups. The bidders who are MSE have to submit necessary
document issued by NSIC and the bidders who are start-ups have to be recognized
by Department of Industrial Policy & Promotion (DIPP) to avail the exemption. To
qualify for EMD, firms should necessarily enclose a valid copy of registration certificate
issued by NSIC/DIPP which are valid on last date of submission of the tender
documents along with "Bid Security Declaration" (Annexure 06) accepting that if they
withdraw or modify their bids during period of validity etc., they will be suspended for
the period of 6 months. MSE/Start-up firms which are in the process of obtaining NSIC
certificate/ DIPP will not be considered for EMD exemption.
Since RFP is being floated on GeM Portal, Bid Security related exemptions as
specified in clause 4, Section xiii, Sub-section 'm' of GeM GTC are applicable as the
case may be.
7. Preference to make in India initiative
Government has issued Public Procurement (Preference to Make in India) [PPP-MII]
Order 2017 vide the Department for Promotion of Industry and Internal Trade (DPIIT)
Order No.P-45021/2/2017-B.E.-II dated 15.06.2017 and subsequent revisions vide
Order No. 45021/2/2017-PP (BE-II) dated 16-9-2020 to encourage ‘Make in India’ and
to promote manufacturing and production of goods, services and works in India with a
view to enhancing income and employment.

Request for Proposal (RFP) for selection of technology partner for ISO22301:2019 certification for
Business Continuity Management System
Bank of Baroda Confidential Page 7 of 78
Preference will be given with the criteria laid down by Bank and as per procedures laid
down in Public Procurement (Preference to Make In India) order 2017, revision dated
16/09/2020 vide order P-45021/2/2017-PP (BE – II) dated 16-9-2020 issued by GOI.
The guidelines under PPP-MII order and subsequent revisions as mentioned above
shall be applicable subject to bidder submitting with Class-I/Class-II local content
certificate for the quoted product.
In case of two or more bidders complying with Preference to Make in India initiative
are found technically eligible as per Technical Specifications mentioned in Annexure
10 of the RFP, then Commercial bids of only these bidders will be opened.
In case sufficient bidders complying with Preference to Make in India initiative are not
found technically eligible as per Technical Specifications mentioned in Annexure 10 of
the RFP, then Commercial bids of all technically eligible bidders will be opened.
8. Performance Guarantee
The successful Bidder shall provide a Performance Guarantee within 30 days from
the date of receipt of the order or signing of the contract whichever is earlier in the
format mentioned under Annexure 14 to the extent of 5% of the contract value valid
for the entire period of the contract plus 3 months and such other extended period as
the Bank may decide for due performance of the project obligations. The guarantee
should be of that of a scheduled commercial bank in India only, other than Bank of
Baroda.
In the event of non-performance of obligation or failure to meet terms of this RFP or
subsequent agreement the Bank shall be entitled to invoke the performance
guarantee without notice or right of demur to the Bidder. Any amount pending for
payment due to non-achieving of milestone/s set under the agreement or any other
reason solely attributable to the Bidder should be included in the remaining amount
of the contract value.
If the Performance guarantee is not submitted within the stipulated time, the Bank
reserves the right to cancel the order / contract and Bid Security / Earnest Money
Deposit submitted by the Bidder will be forfeited.
9. Sub - Contracting
The selected vender shall not subcontract or permit anyone other than its personnel
to perform any of the work, service or other performance required under this project.
In case any particular specialized service in the prescribed in the scope of work
requires subcontracting, it need to be specified in the proposal/ response document
with all the details of the work/ services. Please note that no work/services shall be
subcontracted without the prior permission from the Bank in writing.
10. Service Level Agreement and Non-Disclosure Agreement
The successful bidder shall execute a) Service Level Agreement (SLA) and Non-
Disclosure Agreement (NDA) (As per Annexure 16), which contained all the services
and terms and conditions of the services to be extended as detailed herein. The
successful bidder shall execute the SLA and NDA and provide the same along with
acceptance of Purchase Order.
All the expenses related to execution of the document such as the applicable stamp
duty and registration charges if any, shall be borne by the successful bidder as per
article 63 Works Contract of Maharashtra Stamp Act.
Request for Proposal (RFP) for selection of technology partner for ISO22301:2019 certification for
Business Continuity Management System
Bank of Baroda Confidential Page 8 of 78
11. Compliance with Laws
Compliance in obtaining approvals/permissions/licenses: The Bidder shall promptly
and timely obtain all such consents, permissions, approvals, licenses, etc., as may be
necessary or required for any of the purposes of this project or for the conduct of their
own business under any applicable Law, Government Regulation/Guidelines and shall
keep the same valid and in force during the term of the project. Also the bidder shall
comply with the provisions of code of wages, and other labor welfare legislations. in
the event of any failure or omission to do so, shall indemnify, keep indemnified, hold
harmless, defend, protect and fully compensate the Bank and its employees/ officers/
staff/ personnel/ representatives/agents from and against all claims or demands of
liability and all consequences that may occur or arise for any default or failure on its
part to conform or comply with the above and all other statutory obligations arising
there from. The Bank will give notice of any such claim or demand of liability within
reasonable time to the Bidder.
The Bidder is not absolved from its responsibility of complying with the statutory
obligations as specified above.
12. Termination
Bank reserves the right to terminate this RFP at any stage without any notice or
assigning any reason.
At any time during the course of the RFP process or before the award of contract or
after execution of the contract that one or more terms and conditions laid down in this
Request For Proposal has not been met by the bidder or the bidder has made material
misrepresentation or has given any materially incorrect or false information. Bank may
terminate his contract and may invoke performance bank guarantee or forfeit the
security deposit as the case may be. Further bank may impose such restriction/s on
the defaulting bidder as it deemed fit.
After the award of the contract, if the selected bidder does not perform satisfactorily or
delays execution of the contract, the Bank reserves the right to get the balance
contract executed by another party of its choice by giving one month notice for the
same, In such an event, the bidder is bound to make good the additional expenditure
which the Bank may have to incur for the execution of the balance of the contract.
13. Grievance Redressal and Dispute Resolution
Any bidder who claims to have a grievance against a decision or action with regards
to the provisions of this RFP may file a request to the Chief General Manager (IT) at
[Link]@[Link]. It may please be noted that the grievance can be filed
by only that bidder who has participated in Procurement proceedings in accordance
with the provisions of this RFP. All letters must be addressed to the following:
Chief General Manager (IT)
Bank of Baroda, Baroda Sun Tower
C-34, G-Block, BKC, Mumbai-51

14. Dispute Resolution


The Bank and the Bidder shall make every effort to resolve amicably, by direct informal
negotiation between the respective project managers of the Bank and the Bidder, any
disagreement or dispute arising between them under or in connection with this RFP.
Request for Proposal (RFP) for selection of technology partner for ISO22301:2019 certification for
Business Continuity Management System
Bank of Baroda Confidential Page 9 of 78
If the Bank project manager and Bidder project manager/ director are unable to resolve
the dispute within thirty days from the commencement of such informal negotiations,
they shall immediately escalate the dispute to the senior authorized personnel
designated by the Bidder and Bank respectively.
If within thirty days from the commencement of such negotiations between the senior
authorized personnel designated by the Bidder and Bank, the Bank and the Bidder are
unable to resolve contractual dispute amicably, either party may require that the
dispute be referred for resolution through formal arbitration.
All questions, disputes or differences arising under and out of, or in connection with
the contract or carrying out of the work whether during the progress of the work or
after the completion and whether before or after the determination, abandonment or
breach of the contract shall be referred to arbitration by a sole Arbitrator acceptable to
both parties OR the number of arbitrators shall be three, with each side to the dispute
being entitled to appoint one arbitrator. The two arbitrators appointed by the parties
shall appoint a third arbitrator shall act as the chairman of the proceedings.
The seat and place of arbitration shall be Mumbai. The Arbitration and Conciliation Act
1996 or any statutory modification thereof shall apply to the arbitration proceedings.
The arbitral award shall be in writing, state the reasons for the award, and be final and
binding on the parties. The award may include an award of costs, including reasonable
attorneys’ fees and disbursements. Judgment upon the award may be entered by any
court having jurisdiction thereof or having jurisdiction over the relevant Party.
15. Governing Laws
This RFP and the subsequent contract shall be governed and construed and enforced
in accordance with the laws of India both the Parties shall agree that in respect of any
dispute arising upon, over or in respect of any of the terms of this RFP, only the courts
in Mumbai shall have exclusive jurisdiction to try and adjudicate such disputes to the
exclusion of all other courts.
16. Prevention of Corrupt and Fraudulent Practices
Every Bidders / Suppliers / Contractors are expected to observe the highest standard
of ethics during the procurement and execution of such contracts in pursuance of the
policy:
“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 AND
“Fraudulent Practice” means a misrepresentation of facts in order to influence a
procurement process or the execution of contract to the detriment of the Bank 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
the Bank of the benefits of free and open competition.
As per Central Vigilance Commission (CVC) directives, it is required that every
participating bidders required to signed an integrity pact as mentioned under annexure
15 of this RFP.
The Bank reserves the right to reject a proposal for award if it determines that the
Bidder recommended for award has engaged in corrupt or fraudulent practices in
competing for the contract in question.
Request for Proposal (RFP) for selection of technology partner for ISO22301:2019 certification for
Business Continuity Management System
Bank of Baroda Confidential Page 10 of 78
The Bank reserves the right to declare a firm ineligible, either indefinitely or for a stated
period of time, to be awarded a contract if at any time it determines that the firm has
engaged in corrupt or fraudulent practices in competing for or in executing the contract.
Successful vendor/Service Provider, who will be selected according to the
service/work/project for which this Request for proposal is invited shall comply with the
Bank’s Code of Ethics which is available on the Bank’s website>Shareholder’s
Corner> Policies/Codes> Our Code of Ethics.
17. Authorized Signatory
The selected Bidder shall indicate the authorized signatories who can discuss and
correspond with the Bank, with regard to the obligations under the contract. The
selected Bidder shall submit at the time of signing the contract, a certified copy of the
resolution of their Board, authenticated by Company Secretary/Director, authorizing
an official or officials of the company or a Power of Attorney copy to discuss, sign
agreements/contracts with the Bank. The Bidder shall furnish proof of signature
identification for above purposes as required by the Bank.
18. The bid submission by related parties
If related parties (as defined below) submit more than one bid then both /all bids
submitted by related parties are liable to be rejected at any stage at Bank’s discretion:
a) Bids submitted by holding company and its subsidiary company;
b) Bids submitted by two or more companies having common director/s
c) Bids submitted by partnership firms / LLPs having common partners
d) Bids submitted by companies in the same group of promoters/management

In the case of software or hardware either the Indian agent on behalf of the principal/
OEM or Principal/ OEM itself can bid but both cannot bid simultaneously for the same
solution in this tender. If an agent submits bid on behalf of the Principal/ OEM, the
same agent cannot submit a bid on behalf of another Principal/ OEM in this tender for
the same solution.
19. Right to Reject Bids
Bank reserves the absolute and unconditional right to reject the response to this RFP
if it is not in accordance with its requirements and no correspondence will be
entertained by the Bank in the matter. The bid is liable to be rejected if:
It is not in conformity with the instructions mentioned in the RFP document.
It is not accompanied by the requisite Application Money and Earnest
Money Deposit (EMD).
It is not properly or duly signed.
It is received through Telex / telegram / fax
It is received after expiry of the due date and time.
It is incomplete including non- furnishing the required documents.
It is evasive or contains incorrect information.
There is canvassing of any kind.
Submitted by related parties
It is submitted anywhere other than the place mentioned in the RFP.
Further Bank reserves the rights to:
Request for Proposal (RFP) for selection of technology partner for ISO22301:2019 certification for
Business Continuity Management System
Bank of Baroda Confidential Page 11 of 78
Reject any or all responses received in response to the RFP
Extend the time for submission of all proposals
Cancel the RFP at any stage, without assigning any reason whatsoever.
Visit the place of work of the bidder
Conduct an audit of the services provided by the bidder.
Ascertain information from the Banks and other institutions to which the
bidders have rendered their services for execution of similar projects.
Revise any part of the tender document, by providing a written addendum
at any stage till the award of the contract. The Bank reserves the right to
issue revisions to this tender document at any time before the award date.
The addendums, if any, shall be published on Bank’s website only.
20. General Terms and conditions
20.1 The RFP document is not recommendation; offer 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 the Bank and any successful Bidder as
identified by the Bank, after completion of the selection process as detailed in
this document.
20.2 Information Provided: The RFP document contains statements derived from
information that is believed to be true and reliable at the date obtained but does
not purport to provide all of the information that may be necessary or desirable
to enable an intending contracting party to determine whether or not to enter
into a contract or arrangement with the Bank in relation to the provision of
services. Neither the Bank nor any of its directors, officers, employees, agents,
representative, contractors, or advisers gives any representation or warranty
(whether oral or written), express or implied as to the accuracy, updating or
completeness of any writings, information or statement given or made in this
RFP document.
20.3 For Respondent Only: The RFP document is intended solely for the information
of the party to whom it is issued (“the Recipient” or “the Respondent”) and no
other person or organization.
20.4 Costs Borne by Respondents: All costs and expenses (whether in terms of time
or money) incurred by the Recipient / Respondent in any way associated with
the development, preparation and submission of responses, including but not
limited to attendance at meetings, discussions, demonstrations, etc. and
providing any additional information required by the Bank, will be borne entirely
and exclusively by the Recipient / Respondent.
20.5 No Legal Relationship: No binding legal relationship will exist between any of
the Recipients / Respondents and the Bank until execution of a contractual
agreement to the full satisfaction of the Bank.
20.6 Recipient Obligation to Inform Itself: The Recipient must apply its own care and
conduct its own investigation and analysis regarding any information contained
in the RFP document and the meaning and impact of that information.
20.7 Evaluation of Offers: Each Recipient acknowledges and accepts that the Bank
may, in its sole and absolute discretion, apply whatever criteria it deems

Request for Proposal (RFP) for selection of technology partner for ISO22301:2019 certification for
Business Continuity Management System
Bank of Baroda Confidential Page 12 of 78
appropriate in the selection of Bidder, not limited to those selection criteria set
out in this RFP document.
20.8 The issuance of RFP document is merely an invitation to offer and must not be
construed as any agreement or contract or arrangement. The bidders
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.
20.9 Acceptance of Terms: the bidders will, by responding to the Bank’s RFP
document, be deemed to have accepted the terms as stated in this RFP
document
20.10 Only one submission of response to RFP by each Respondent will be permitted.
20.11 The Bank expects the Bidder to adhere to the terms of this tender document
and would not accept any deviations to the same.
20.12 The Bank expects that the Bidder appointed under the tender document shall
have the single point responsibility for fulfilling all obligations and providing all
deliverables and services required by Bank.
20.13 Unless agreed to specifically by the Bank in writing for any changes to the
issued tender document, the Bidder responses would not be incorporated
automatically in the tender document.
20.14 The Bank will notify the Respondents in writing as soon as practicable after the
RFP Evaluation Complete date, about the outcome of the RFP evaluation
process, including whether the Respondent’s RFP response has been
accepted or rejected. The Bank is not obliged to provide any reasons for any
such acceptance or rejection.
20.15 All responses received after the due date/time as mentioned in “[A] Important
Dates. Last Date of Submission of RFP Response (Closing Date)”would be
considered late and would be liable to be rejected. E procurement portal will not
allow to lodgement of RFP response after the deadline. It should be clearly
noted that the Bank has no obligation to accept or act on any reason for a late
submitted response to RFP. The Bank has no liability to any Respondent who
lodges a late RFP response for any reason whatsoever, including RFP
responses taken to be late only because of another condition of responding.
20.16 The Bank has established RFP coordinators to provide a venue for managing
bidder relationship and other requirements through the Bank’s decision making
body for contract clarification. All the queries and communication must be
addressed to the RFP coordinators / contact persons from the Bank mentioned
in “[A] Important Dates - RFP Coordinator”
20.17 Recipients are required to direct all communications for any clarification related
to this RFP to RFP Coordinator.
20.18 All questions relating to the RFP, technical or otherwise, must be in writing and
addressed to the addresses given in point “[A] Important Dates” above.
Interpersonal communications will not be entered into and a Respondent will
be disqualified if attempting to enter into such communications. The Bank will
try to reply, without any obligation in respect thereof, every reasonable question
raised by the Respondents in the manner specified.
20.19 However, the Bank may in its absolute discretion seek, but under no obligation
to seek, additional information or material from any Respondents after the RFP
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closes and all such information and material provided must be taken to form
part of that Respondent’s response.
20.20 Respondents should invariably provide details of their email address (as) as
responses to queries will only be provided to the Respondent via email. If Bank
in its sole and absolute discretion deems that the originator of the query will
gain an advantage by a response to a question, then Bank reserves the right to
communicate such response to all Respondents.
20.21 The Bank may in its absolute discretion engage in discussion or negotiation
with any Respondent (or simultaneously with more than one Respondent) after
the RFP closes to improve or clarify any response.
20.22 Bidder should submit their Eligibility Cum Technical and Commercial bids
through online portal. The bidder must register for submission of their bid as
specified in this document. .
20.23 All submissions, including any accompanying documents, will become the
property of the Bank. The bidder shall be deemed to have licensed, and granted
all rights to, the Bank to reproduce the whole or any portion of their submission
for the purpose of evaluation, to disclose the contents of the submission to other
bidders who have registered a submission and to disclose and/or use the
contents of the submission as the basis for any resulting RFP process,
notwithstanding any copyright or other intellectual property right of the Recipient
that may subsist in the submission or accompanying documents
20.24 All responses should be in English language. All responses by the bidder to this
tender document shall be binding on such bidder for a period of 180 days after
opening of the bids.
20.25 The bidder may modify or withdraw its offer after submission but prior to the
closing date and time as prescribed by Bank. No offer can be modified or
withdrawn by the bidder subsequent to the closing date and time for submission
of the offers.
20.26 The bidders required to quote for all the components/services mentioned in the
“Project scope” and all other requirements of this RFP. In case the bidder does
not quote for any of the components/services, the response would be deemed
to include the quote for such unquoted components/service. It is mandatory to
submit the details in the formats provided along with this document duly filled
in, along with the offer. The Bank reserves the right not to allow / permit changes
in the technical specifications and not to evaluate the offer in case of non-
submission of the technical details in the required format or partial submission
of technical details.
20.27 Based on the Bank’s requirements as listed in this document, the bidder should
identify the best-suited deliverables/services that would meet the Bank’s
requirements and quote for the same. The Bidder is expected to provide the
best option and quote for the same.
20.28 In the event the bidder has not quoted for any mandatory items as required by
the Bank and forming a part of the tender document circulated to the Bidder’s
and responded to by the bidder, the same will be deemed to be provided by the
bidder at no extra cost to the Bank.
20.29 The Bank is not responsible for any assumptions or judgments made by the
bidder for proposing the deliverables. The Bank’s interpretation will be final.

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20.30 The Bank ascertains and concludes that everything as mentioned in the tender
documents circulated to the Bidder and responded by the Bidders have been
quoted for by the Bidder, and there will be no extra cost associated with the
same in case the Bidder has not quoted for the same.
20.31 All out of pocket expenses, traveling, boarding and lodging expenses for the
entire life of the contract should be a part of the financial bid submitted by the
Bidder to the Bank. 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 the Bank. The Bidder cannot take the plea of omitting any
charges or costs and later lodge a claim on the Bank for the same.
20.32 Responses to this RFP should not be construed as an obligation on the part of
the Bank to award a contract / purchase contract for any services or
combination of services. Failure of the Bank to select a bidder shall not result
in any claim whatsoever against the Bank. The Bank reserves the right to reject
any or all bids in part or in full, without assigning any reason whatsoever.
20.33 By submitting a proposal, the bidder agrees to contract with the Bank within the
time period proscribed by the bank. Failure on the part of the successful bidder
to execute an agreement with the Bank will relieve the Bank of any obligation
to the bidder, and a different bidder may be selected based on the selection
process.
20.34 The terms and conditions as specified in the RFP and addendums (if any)
thereafter are final and binding on the bidders. In the event the bidders not
willing to accept the terms and conditions of the Bank, the bidder may be
disqualified. Any additional or different terms and conditions proposed by the
bidder would be rejected unless expressly assented to in writing by the Bank
and accepted by the Bank in writing
20.35 The bidder shall represent and acknowledge to the Bank that it possesses
necessary experience, expertise and ability to undertake and fulfill its
obligations, involved in the performance of the provisions of this RFP. The
bidder represents that the proposal to be submitted in response to this RFP
shall meet the proposed RFP requirement. 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 the Bank. The bidder also acknowledges that the Bank relies
on this statement of fact, therefore neither accepting responsibility for, nor
relieving the bidder of responsibility for the performance of all provisions and
terms and conditions of this RFP, the Bank expects the bidder to fulfill all the
terms and conditions of this RFP.
20.36 The bidder covenants and represents to the Bank the following:
 It is duly incorporated, validly existing and in good standing under as per the
laws of the state in which the entity is incorporated.
 It has the corporate power and authority to enter into Agreements and perform
its obligations there under.
20.37 The execution, delivery and performance under an Agreement by bidder:
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 Will not violate or contravene any provision of its documents of incorporation;
 Will not violate or contravene any law, statute, rule, regulation, licensing
requirement, order, writ, injunction or decree of any court, governmental
instrumentality or other regulatory, governmental or public body, agency or
authority by which it is bound or by which any of its properties or assets are
bound;
 Except to the extent that the same have been duly and properly completed or
obtained, will not require any filing with, or permit, consent or approval of or
license from, or the giving of any notice to, any court, governmental
instrumentality or other regulatory, governmental or public body, agency or
authority, joint venture party, or any other entity or person whatsoever;
20.38 The bidder shall undertake to provide appropriate human as well as other
resources required, to execute the various tasks assigned as part of the project,
from time to time.
20.39 The Bank would not assume any expenses incurred by the bidder in preparation
of the response to this RFP and also would not return the bid documents to the
Bidders.
20.40 The Bank will not bear any costs incurred by the bidder for any discussion,
presentation, demonstrations etc. on proposals or proposed contract or for any
work performed in connection therewith.
20.41 The Bank reserves the right to extend the dates for submission of responses to
this document.
20.42 Preliminary Scrutiny – The Bank will scrutinize the offers to determine whether
they are complete, whether any errors have been made in the offer, whether
required documentation has been furnished, whether the documents have been
properly signed, and whether items are quoted as per the schedule. The Bank
may, at its discretion, waive any minor non-conformity or any minor deficiency
in an offer. This shall be binding on all bidders and the Bank reserves the right
for such waivers and the Bank’s decision in the matter will be final.
20.43 Clarification of Offers – To assist in the scrutiny, evaluation and comparison of
offers, the Bank may, at its discretion, ask some or all bidders for clarification
of their offer. The Bank has the right to disqualify the bidder whose clarification
is found not suitable to the proposed project.
20.44 No Commitment to Accept Lowest bid or Any Tender – The Bank shall be under
no obligation to accept the lowest price bid or any other offer received in
response to this Tender notice and shall be entitled to reject any or all offers
including those received late or incomplete offers without assigning any reason
whatsoever. The Bank reserves the right to make any changes in the terms
and conditions of procurements. The Bank will not be obliged to meet and have
discussions with any Bidder, and / or to listen to any representations unless
there is change in the terms and conditions of purchase
20.45 Erasures or Alterations – The offers containing erasures or alterations will not
be considered. There should be no hand-written material, corrections or
alterations in the offer. Technical details must be completely filled up. Correct
information of the services being offered must be filled in. Filling up of the
information using terms such as “OK”, “accepted”, “noted”, “as given in
brochure / manual” is not acceptable. The Bank may treat the offers not
adhering to these guidelines as unacceptable.
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20.46 Price Discussion – It is absolutely essential for the Bidders to quote the lowest
price at the time of making the offer in their own interest. The Bank reserves
the right to do price discovery and engage the successful bidder in discussions
on the prices quoted.
20.47 If the Bank is not satisfied with the specifications as specified in the tender
document and observes major deviations, the bids of such bidders will not be
short-listed for further evaluation. No further discussions shall be entertained
with such bidders in respect of the subject bid.
20.48 The Bidder shall perform its obligations under this Tender as an independent
contractor, and shall not engage subcontractors to perform any of the
Deliverables or Services without the prior permission from Bank. Neither this
Tender nor the Bidder’s performance of obligations under this Tender shall
create an association, partnership, joint venture, or relationship of principal and
agent, master and servant, or employer and employee, between the Bank and
the Bidder or its employees, subcontractor; and neither Party shall have the
right, power or authority (whether expressed or implied) to enter into or assume
any duty or obligation on behalf of the other Party.
20.49 The Bidder shall solely be responsible for all payments (including any statutory
payments) to its employees and / or sub-contractors and shall ensure that at no
time shall its employees, personnel or agents hold themselves out as
employees or agents of the Bank, nor seek to be treated as employees of the
Bank for any purpose, including claims of entitlement to fringe benefits provided
by the Bank, or for any kind of income or benefits. The Bidder alone shall file
all applicable tax returns for all of its personnel assigned hereunder in a manner
consistent with its status as an independent contractor of services; and the
Bidder will make all required payments and deposits of taxes in a timely
manner.
20.50 Successful Vendor/Service Provider/Supplier/ Consultant/Contractor, who will
be selected according to the service/work/project for which the proposal or
quotation is invited shall comply with the Bank’s Code of Ethics which is
available on the Bank’s website>Shareholder’s Corner> Policies/Codes> Our
Code of Ethics and a clause to this effect shall be included in the
agreement/contract.
21. Information Confidentiality
This document is meant for the specific use by the Company / person/s interested to
participate in the current tendering process. This document in its entirety is subject to
copyright laws. Bank of Baroda expects the bidders or any person acting on behalf of
the bidders to strictly adhere to the instructions given in the document and maintain
confidentiality of information. The Bidders will be held responsible for any misuse of
the information contained in the document and liable to be prosecuted by the Bank, in
the event of such circumstances being brought to the notice of the Bank. By
downloading the document, the interested party is subject to confidentiality clauses.
22. Disclaimer
Subject to any law to the contrary, and to the maximum extent permitted by law, the
Bank and its directors, officers, employees, contractors, representatives, agents, and
advisers disclaim all liability from any loss, claim, expense (including, without
limitation, any legal fees, costs, charges, demands, actions, liabilities, expenses or
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disbursements incurred therein or incidental thereto) or damage, (whether foreseeable
or not) (“Losses”) suffered by any person acting on or refraining from acting because
of any presumptions or information (whether oral or written and whether express or
implied), including forecasts, statements, estimates, or projections contained in this
RFP document or conduct ancillary to it whether or not the Losses arises in connection
with any ignorance, negligence, inattention, casualness, disregard, omission, default,
lack of care, immature information, falsification or misrepresentation on the part of the
Bank or any of its directors, officers, employees, contractors, representatives, agents,
or advisers.

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Annexure 01 – Guidelines for bid submission details
Bidders shall mandatory upload following documents signed / digitally signed by their
authorized representative.

S# Section Heading Performa Given


1. Eligibility criteria compliance with bidder comments Annexure 02
Declaration / undertaking from bidder regarding
2. Annexure 03
applicability of restrictions on procurement from a bidder
Bid Security (Earnest Money Deposit) from Bidder:
• Transaction details in case paid through electronic
3. mode (Annexure 04) Annexure 04/05/06
• Original Bank Guarantee (in the format Annexure 05)
• Bid Security Declaration in case of exemption
(Annexure 06)
4. Letter of Undertaking from the Bidder Annexure 07
5. Conformity Letter from Bidder Annexure 09
Executive Technical Summary – Detailed Project
6. proposal with execution plan, Data sheet of the product Bidder to provide
offered along with Bill of Materials, Escalation Matrix etc.
Technical Proposal: Bidder to provide compliance of
Technical Specifications requirements and Project scope
7. Annexure 10
of work (submitted with pages properly numbered, each
page signed and stamped)
Bidder to provide
(signed /Digitally
Copy of the tender document along with annexures and signed documents
8. addendum duly sealed and signed on all the pages of the from authorized
document / digitally signed tender document. representative of
bidder)
Masked price bid (Please note that the masked price bid
should be exact reflection of the commercial bid except
9. Annexure 11
that the masked price bid should not contain any
financial information)
Letter of authorization from the company authorizing the
10. person to sign the tender response and related Bidder to provide
documents.
A certified copy of the resolution of Board, authenticated Bidder to provide
by Company Secretary/Director, authorizing an official/s
11.
of the company or a Power of Attorney copy to discuss,
sign agreements/contracts with the Bank.

12. Integrity pact (Dully Signed and Stamped by Authorized Annexure 15


Signatory on valid non-judicial stamp paper of minimum
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S# Section Heading Performa Given
Rs. 600/-)
Service Level And Non-Disclosure Agreement Format Annexure 16
13.
(without Stamp duty) from Bidder
Commercial Bid should be strictly as per Commercial bid format (Annexure 12).
Any commercial bid submitted not in conformity with Annexure 12 and provided
along with the Eligibility cum Technical bid, then whole bid will be rejected outright.

1. Guidelines
1.1. Support Details for GeM Portal:

helpdesk-gem@[Link]
Support details of Online Portal facilitator
1800-419-3436; 1800-102-3436

1.2. Downloading of Tender Document


The tender document is uploaded / released on GeM Portal. Tender document and
supporting documents may be downloaded from same link. Subsequently, bid has to
be prepared and submitted ONLINE ONLY as per the schedule given in Notice Details.
The Tender document will be available online only. Tender document will not be sold
/ issued manually.
Only those tender shall be accepted for evaluation for which Earnest Money Deposit
(EMD) is deposited as per the terms mentioned in this RFP.
1.3. Preparation & Submission of Bids
The bids (Pre-Qualification, Eligibility, Technical as well as Commercial) shall have to
be prepared and subsequently submitted online only. Bids not submitted “ONLINE” or
by any other mean shall be summarily rejected. No other form of submission shall be
permitted.
1.4. Do’s and Don’ts for Bidder
 Registration process for new Bidders should be completed within first week of
release of tender.
 The GeM Portal is open for upload of documents from the start of the bid
submission date. Hence bidders are advised to start the process of upload of bid
documents well in advance.
 Bidders have to prepare for submission of their bid documents online well in
advance as
▪ The encrypt/upload process of soft copy of the bid documents large in number to
the portal may take longer time depending upon bidder’s infrastructure and
connectivity.
▪ To avoid last minute rush & technical difficulties faced by bidders in
uploading/submission of bids, bidders are required to start the uploading of all
the required documents -01- week in advance for timely online submission of bid.

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 Bidders to initiate uploading of few primary documents during the start of the tender
submission and any request for help/support required for uploading the documents
/ understanding the system should be taken up with GeM authorities well in
advance.
 Bidders should not raise request for extension of time on the last day of submission
due to non-submission of their bids on time as Bank will not be in a position to
provide any support at the last minute as the portal is managed by GeM authorities.
 Bidder should not raise request for offline submission or late submission since
ONLINE submission is accepted only.
 Partly or incomplete submission of bids by the bidders will not be processed and
will be summarily rejected.

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Annexure 02 – Bid Evaluation Terms
1. Evaluation process
A two bid, 3-stage process is adopted for selection of the Service Provider:
 Stage 1 –Eligibility Bid evaluation
 Stage 2 - After qualifying the eligibility criteria, the evaluation will be a three stage
process. The stages are:
▪ Technical Bid Evaluation
▪ Commercial Bid Evaluation
▪ Weighted evaluation
During evaluation of the Tenders, the Bank, at its discretion, may ask the Vendor for
clarification in respect of its tender. The request for clarification and the response shall
be in writing, and no change in the substance of the tender shall be sought, offered,
or permitted. The Bank reserves the right to accept or reject any tender in whole or in
parts without assigning any reason thereof. The decision of the Bank shall be final and
binding on all the vendors to this document and bank will not entertain any
correspondence in this regard.
A. Eligibility and Technical Bid Evaluation
Eligibility criterion for the bidder to qualify this stage is clearly mentioned as below.
The Bidder would need to provide valid supporting documents as part of the eligibility
proof. All dates if not specified to be applicable from the date of the RFP.
S. Complied Supporting Documents
No Eligibility Criteria
(Yes/No) Required
A General
Bidder must be a Government
Organization / PSU / PSE / Documentary Proof to be
1 partnership firm / LLP or private / attached (Certificate of
public limited company in India at Incorporation)
least for the last 3 years.
Bidder must not be blacklisted /
debarred by any Statutory, Letter of confirmation (self-
Regulatory or Government certified letter signed by
2
Authorities or Public Sector authorized official of the
Undertakings (PSUs / PSBs) within bidder)
last 2 years from the RFP date.
The Bidder is not from such a Undertaking as per Annexure
country which shares a land border 03 and
with India, in terms of the said Copy of certificate of valid
amendments to GFR, 2017. registration with the
or Competent Authority (If
3
The Bidder is from such a country applicable)
and has been registered with the (signed /Digitally signed
Competent Authority i.e. the documents from authorized
Registration Committee representative of bidder &
constituted by the Department for OSD)
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Promotion of Industry and Internal
Trade, as stated under Annexure
to the said Office Memorandum /
Order and we submit the proof of
registration herewith.
The Bidder to provide information
that any of its subsidiary or
associate or holding company or
companies having common Letter of confirmation (self-
director/s or companies in the certified letter signed by
4
same group of authorized official of the
promoters/management or bidder).
partnership firms/LLPs having
common partners has not
participated in the bid process.
The Bidder to provide an
undertaking on his letter head that
all the requirements highlighted as Letter of confirmation from
5
part of RFP document are covered bidder(self-certified letter)
in totality in the proposal submitted
by the Bidder.
Bidder needs to confirm that they
are not owned or controlled by any
director, or key managerial
personnel, or approver of the
Bank, or their relatives. The terms Supporting Documents
‘control’, ‘director’, ‘key managerial Required: Letter of
personnel’, and ‘relative’ have the confirmation from Bidder (self-
same meaning as assigned under certified letter signed by
the Companies Act, 2013 and the authorized official of the
6
Rules framed thereunder from time bidder) AND Undertaking as
to time. per Annexure 07
Bidder also undertakes to inform (signed/Digitally signed
the Bank in writing if any such documents from authorized
occasion arises in future where representative of bidder
such ownership or control is
exercised by any director, or key
managerial personnel, or approver
of the Bank, or their relatives.
B Financial
The Bidder must have registered
Audited Financial statements
average annual turnover of Rs. 8
for the financial years 2020-
Crores or above during the last
21, 2021-22 and 2022-23.
three completed financial years –
2020-21, 2021-22 and 2022-23
1 Certified letter from the
(Not inclusive of the turnover of
Chartered Accountant clearly
associate companies).
mentioning Turnover, Net
Profit and Net worth. The CA
Below clause is applicable for
certificate in this regard should
bidders who fall under the category
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of Micro & Small Enterprise be without any riders or
(MSEs) or Start-ups (Necessary qualification.
valid documentary proof certifying
the bidder as an MSE or Start-up
needs to be submitted by the
bidder).

The Bidder must have registered


average annual turnover of Rs. 2
Crore or above during the last
three completed financial years –
2020-21, 2021-22 & 2022-23 (Not
inclusive of the turnover of
associate companies).
Audited Financial statements
The Bidder must be Net profit for the financial years 2020-
making entity continuously for the 21, 2021-22 and 2022-23.
last three years i.e. financial years
– 2020-21, 2021-22 and 2022-23 Certified letter from the
OR Chartered Accountant clearly
2
The net worth of the bidder should mentioning Turnover, Net
be positive as on RFP date and Profit and Net worth. The CA
should not have eroded by more certificate in this regard should
than 30% in the last three years. be without any riders or
qualification.

C Experience & Support Infrastructure


The Bidder should have provided PO/Work order/agreement
ISO 22301:2019 certification copy/completion letter, contact
services to at least 3 Organization details, sign off letter from the
1
in India in last 5 years. Out of 3 reference client along with
Organization at least 1 should be a document mentioning project
Financial Institution. scope and deliverables.
At least 10 resources should be
professionally certified with the
latest ISO-22301 Lead Auditor
(LA) and Lead Implementer (LI)
Copy of relevant certificates
2 Certification with 2-3 years’ of
along with self-declaration.
relevant experience in BCMS (ISO
22301:2019) implementation and
maintenance practices in-line with
latest standards.
Bidders should be ISO authorized Authorization from ISO
3
companies in India company.
Note: In case the bidding company / firm is hived off from the demerged company, the
experience, eligibility etc. as per the requirement of the RFP may be considered as of
the demerged company, provided the demerged company doesn’t apply in the same
RFP process and Novation / Other Relevant Agreement is in place. In that case,
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Relevant Novation / Other Relevant Agreement need to be submitted
B. Technical Bid Evaluation
The vendor needs to achieve a cut – off score of 80 marks in this evaluation stage to
be qualified for commercial bid opening. Only those vendors who achieve the specified
cut – off scores would be short-listed for Commercial Bid Evaluation.
Technical Proposal will be evaluated for technical suitability and the criteria for
evaluation of technical bids are as under:
Max
Evaluation Parameters
Score
Provided consultancy / assessment services for BCMS as per ISO
22301:2019 standard (including scope of data center/ IT) in last 5 Years:
For Each consultancy / assessment project 3 Marks will be allocated.
Additional marks (Max 5 Marks):
• 2.5 Marks if the certification was completed for at least 3 BFSI. 20
• 2.5 Marks if the certification was completed for at least 5
organizations with a turnover of at least 100 Cr.
(Documents required: Copy of the Credential / reference Letter or
Purchase order or email Confirmation certifying relevant criteria)
Number of experienced and certified Implementer on payroll for ISO
22301:2019(Copy of certificates to be submitted)
For Each implementer 2 Marks will be allocated.
Additional marks (Max 5 Marks):
• 2.5 Marks if at least 2 Lead Implementer having experience of
minimum 5 years in implementing ISO 22301. 15
• 2.5 Marks if any of the Implementer having experience of ISO 22301
for Datacenter business continuity related project in at least 2 BFSI.
(Documentary proof : Undertaking from authorized signatory of bidders in
their letterhead to be submitted by mentioning details of name,
qualification of professionals, certifying relevant criteria.)
Number of experienced and certified Auditor on payroll for ISO
22301:2019(Copy of certificates to be submitted)
For Each implementer 1 Marks will be allocated.
Additional marks (Max 5 Marks):
• 2.5 Marks if at least 10 Lead Auditor having experience of minimum
5 years in Auditing ISO 22301. 15
• 2.5 Marks if proposed Auditors having experience of ISO 22301 for
Datacenter business continuity related project in at least 3 BFSI.
(Documentary proof : Undertaking from authorized signatory of bidders in
their letterhead to be submitted by mentioning details of name,
qualification of professionals, certifying relevant criteria.)
Technical Proposal & Presentation:
• Understanding of requirement
• Implementation Approach
• Proposed methodology and alignment with ISO 22301.
40
• Use of industry-standard tools/ accelerators
• Program Management & Project Management
• Quality of deliverables
• Understanding of the environment and best practices

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• Training
Client Citation (Maximum 2 references) 10
Total 100

* Technical presentation must fulfill the binding criteria as mentioned in Annexure 13.
Applicable documentary proof to be provided against each criteria.
In case there is only one bidder having technical score of 80% or more, the Bank may,
at its sole discretion, also consider the next highest technical score and qualify such
bidder. In case, none of the participating bidders qualify on technical criteria and reach
or exceed the cut-off score of 80%, then the Bank, at its sole discretion, may qualify
two bidders on the basis of the top two scores. However, the Bank at its discretion
may reject the proposal of the Bidder or will not consider bidder below cutoff marks by
relaxing as mentioned above, if in the Bank’s opinion the bidder could not present or
demonstrate the proposed services/projects as described in the proposal or in case
the responses received from the customer contacts / site visits are negative or the
proposed service/projects/solution does not meet the Bank’s functional and technical
requirement.
C. Commercial Bid Evaluation
The commercial bids of only those bidders who qualify in both eligibility and technical
evaluation will be opened. The date for opening of the commercial bid would be
communicated separately to the technically eligible Bidders. The commercial bid would
be evaluated based on a “Total Cost of Ownership” (‘TCO’) basis. The key
considerations of the TCO would be the total payouts for entire project through the
contract period of 3 years, discounted at 10% to arrive at the present value of the future
cash outflows. The evaluation will be done as follows:
 The discounted rate will be calculated on yearly basis based on the formula
A/(1+i/100)n where A= Total Value in each Year; i=10% and n =Year.
 The Present Value will be calculated for all components where the payment is
recurring year on year. The Present Value for the component will start from the
year of purchase of that component / start of the services (AMC) and shall be
calculated till the end year of the contract. Further n - number of period will be ‘0’
in the year of purchase of that component / start of the services and subsequently
increased by 1 for subsequent years.
Any component / service for which the payment is a One Time Cost the NPV cost of
the equipment / service for that year will be considered and the relevant year’s NPV
cost will be added as part of the Present Value calculation for that year. Further the
payment of the OTC component / service not being recurring in nature hence the
present value for that component / service will be considered in the year of purchase
only and not in subsequent years.
o Weighted Evaluation:
On the basis of the combined weighted score for technical and commercial evaluation,
the bidders shall be ranked in terms of the total score obtained. The proposal obtaining
the highest total combined score in evaluation of quality and cost will be ranked as H-
1 followed by the proposals securing lesser marks as H-2, H-3 etc. The proposal
securing the highest combined marks and ranked H-1 shall be recommended for
award of contract.
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As an example, the following procedure can be followed:
A score (S) will be calculated for all qualified bidders using the following formula:
𝐂𝐥𝐨𝐰 𝑻
𝐗𝟏𝟎𝟎 + (𝟏 − 𝐗)
𝐂 𝐓𝒉𝒊𝒈𝒉
C stands for discounted rate arrived basis of commercial evaluation;
Clow stands for the lowest discounted rate arrived basis of commercial evaluation.
T stands for technical evaluation score
Thigh stands for the highest technical score achieved by any eligible bidder and
X is equal to 0.30.
Technical [(T/Thigh) [(Clow / C ) x 100] x
Discounted * 0.70 Score (S = A
# Bidder Evaluation 0.30
Rate (C) +B)
Marks (T) (A) (B)

1 AAA 75 120 58.3 25 83.3


2 BBB 80 100 62.2 30 92.2
3 CCC 90 110 70 27.3 97.3

In the above example, Clow is 100 and Thigh is 90.


In the above example, CCC, with the highest score becomes the successful bidder.
In case of more than one vendor with equal highest score (S) upto three decimal, then
number of decimal will be increased.
The decision of the Bank shall be final and binding on all the vendors to this document.
The Bank reserves the right to accept or reject an offer without assigning any reason
whatsoever.
2. Commercial Bids Terms
a. In the event the Bank has not asked for any quotes for alternative prices, and the
bidder furnishes the alternative price in the Bidder’s financial bid, the higher of the
prices will be taken for calculating and arriving at the Total Cost of Ownership.
However, payment by the Bank will be made at the lower price. The Bank in this
case may also reject the offer outright.
b. In the event optional prices are not quoted by the bidder, for items where such
prices are a must and required to be quoted for, the highest price quoted by any of
the participating Bidder will be taken as the costs, for such alternatives and also for
arriving at the Total Cost of Ownership for the purpose of evaluation of the Bidder.
The same item has to be supplied by the Bidder free of cost
c. The bidder is requested to quote in Indian Rupee (INR). Bids in currencies other
than INR would not be considered. The date for opening of price bids would be
communicated separately to the successful bidders post the completion of the
technical evaluation
d. The prices and other terms offered by bidders must be firm for an acceptance period
of 180 days from the opening of the commercial bid.
e. In case of any variation (upward or down ward) in Government levies / taxes / cess
/ duties etc. which has been included as part of the price will be borne by the bidder.
Variation would also include the introduction of any new tax / cess/ duty, etc
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provided that the benefit or burden of other taxes quoted separately as part of the
commercial bid like GST and any taxes introduced instead of GST and levies
associated to GST or any new taxes introduced after the submission of bidder’s
proposal shall be passed on or adjusted to the Bank. If the Bidder makes any
conditional or vague offers, without conforming to these guidelines, Bank will treat
the prices quoted as in conformity with these guidelines and proceed accordingly.
Necessary documentary evidence should be produced for having paid any
tax/cess/duty, if applicable, and or other applicable levies.
f. If any Tax authorities of any state, including, Local authorities like Corporation,
Municipality etc. or any Government authority or Statutory or autonomous or such
other authority imposes any tax, charge or levy or any cess / charge other than GST
and if the Bank has to pay the same for any of the items or supplies made here
under by the bidder, for any reason including the delay or failure or inability of the
bidder to make payment for the same, the Bank has to be reimbursed such amounts
paid, on being intimated to the Bidder along with the documentary evidence. If the
Bidder does not reimburse the amount within a fortnight, the Bank shall adjust the
amount out of the payments due to the Bidder from the Bank along with the interest
calculated at commercial rate.
g. Terms of payment as indicated in the Purchase Contract that will be issued by the
Bank on the selected Bidder will be final and binding on the bidder and no interest
will be payable by the Bank on outstanding amounts under any circumstances. If
there are any clauses in the Invoice contrary to the terms of the Purchase Contract,
the bidder should give a declaration on the face of the Invoice or by a separate letter
explicitly stating as follows “Clauses, if any contained in the Invoice which are
contrary to the terms contained in the Purchase Contract will not hold good against
the Bank and that the Invoice would be governed by the terms contained in the
Contract concluded between the Bank and the bidder”.
h. The Bank is not responsible for any assumptions or judgments made by the bidder
for arriving at any type of costing. The Bank at all times will benchmark the
performance of the bidder to the RFP and other documents circulated to the bidder
and the expected service levels as mentioned in these documents. In the event of
any deviations from the requirements of these documents, the bidder must make
good the same at no extra costs to the Bank, in order to achieve the desired service
levels as well as meeting the requirements of these documents. The Bank shall not
be responsible for any assumptions made by the bidder and the Bank’s
interpretation will be final.
i. The Commercial Offer should give all relevant price information and should not
contradict the Technical Offer in any manner. There should be no hidden costs for
items quoted.
j. The Bank is not responsible for the arithmetical accuracy of the bid. The bidders
will have to ensure all calculations are accurate. The Bank at any point in time for
reasons whatsoever is not responsible for any assumptions made by the Bidder.
The Bank at a later date will not accept any plea of the bidder or changes in the
commercial offer for any such assumptions.
k. Considering the enormity of the assignment, any service which forms a part of the
Project Scope that is not explicitly mentioned in scope of work as excluded would
form part of this RFP, and the Bidder is expected to provide the same at no
additional cost to the Bank. The Bidder needs to consider and envisage all services
that would be required in the Scope and ensure the same is delivered to the Bank.
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The Bank will not accept any plea of the Bidder at a later date for omission of
services on the pretext that the same was not explicitly mentioned in the RFP.
3. Price Comparisons
a. The successful bidder will be determined on the basis of bid evaluation process as
mentioned under Evaluation Criteria in this RFP document.
b. Normalization of bids: The Bank will go through a process of evaluation and
normalization of the bids to the extent possible and feasible to ensure that bidders
are more or less on the same ground of evaluation. After the normalization process,
if the Bank feels that any of the bids needs to be normalized and that such
normalization has a bearing on the price bids; the Bank may at its discretion ask all
the shortlisted bidders to resubmit the commercial bids once again for scrutiny. The
Bank can repeat this normalization process at every stage of bid submission or till
the Bank is satisfied. The bidders agree that they have no reservation or objection
to the normalization process and all the bidders will, by responding to this RFP,
agree to participate in the normalization process and extend their co-operation to
the Bank during this process. The bidders, by submitting the response to this RFP,
agree to the process and conditions of the normalization process.
c. The Price offer shall be on a fixed price basis. Bid submitted with an adjustable
price quotation will be treated as non-responsive and will be liable to be rejected.
The rate quoted by the bidder should necessarily include the following:
 Prices quoted by the Bidder should be inclusive of all taxes, duties, levies, GST
etc. The Bidder shall provide the GST amount in the commercial bids (without
amounts being submitted in the technical response). There will be no price
escalation for during the contract period and any extension thereof.
 The Bidders expected to provide details of services which are required to be
extended by the Bidder in accordance with the terms and conditions of the
contract.
d. The Bidder must provide and quote for the required product and services as desired
by the Bank as mentioned in this RFP. Any product or services not proposed to be
provided by the Bidder will result in the proposal being incomplete, which may lead
to disqualification of the Bidder.

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Annexure 03 – Declaration/ undertaking from bidder regarding applicability of
restrictions on procurement from a bidder of a country which shares a land
border with India as per the order no. 6/18/2019-PPD dated 23rd July 2020 issued
by Ministry of finance department of expenditure
(This letter should be on the letterhead of the Bidder duly signed by an authorized
signatory)

To
Chief General Manager (IT)
Bank of Baroda
Baroda Sun Tower
BandraKurla Complex
Bandra (E), Mumbai 400 051

Sir,

We, M/s -------------- are a private/public limited company/LLP/Firm <strike off


whichever is not applicable>incorporated under the provisions of the Companies Act,
1956/2013 Limited Liability Partnership Act 2008/ Indian Partnership Act 1932, having
our registered office at ----------------------------------------------(referred to as the “Bidder”)
are desirous of participating in the Tender Process in response to your captioned RFP
and in this connection we hereby declare, confirm and agree as under:
We, the Bidder have read and understood the contents of the RFP and Office
Memorandum & the Order (Public Procurement No.1) both bearing no.
[Link].6/18/2019/PPD of 23rd July 2020 issued by Ministry of Finance, Government of
India on insertion of Rule 144 (xi) in the General Financial Rules (GFRs) 2017 and the
amendments & clarifications thereto, regarding restrictions on availing/procurement of
goods and services, of any Bidder from a country which shares a land border with
India and / or sub-contracting to contractors from such countries.
In terms of the above and after having gone through the said amendments including
in particular the words defined therein (which shall have the same meaning for the
purpose of this Declaration cum Undertaking), we the Bidder hereby declare and
confirm that:
(Please strike off whichever is not applicable)
1. “I/ we have read the clause regarding restrictions on procurement from a bidder of
a country which shares a land border with India / ToT arrangement in sensitive
technologies with an entity having beneficial ownership from a country which shares
a land border with India; I/ we certify that __________ is not from such a country.”
2. “I/ we have read the clause regarding restrictions on procurement / ToT
arrangement in sensitive technologies with an entity having beneficial ownership
from a country which shares a land border with India from a bidder of a country
which shares a land border with India; I/ we certify that __________ is from such a
country. I hereby certify that _________ fulfills all requirements in this regard and
is eligible to be considered. [Valid registration by the Competent Authority is
attached.]”
In case the work awarded to us, I/ we undertake that I/ we shall not subcontract any
of assigned work under this engagement without the prior permission of bank.
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Further we undertake that I/we have read the clause regarding restrictions on
procurement from a bidder of a country which shares a land border with India and on
sub-contracting to contractors from such countries; I certify that our subcontractor is
not from such a country or, if from such a country, has been registered with the
Competent Authority and will not sub-contract any work to a contractor from such
countries unless such contractor is registered with the Competent Authority. I hereby
certify that our subcontractor fulfills all requirements in this regard and is eligible to be
considered. [Valid registration by the Competent Authority is attached herewith.]”
3. We, hereby confirm that we fulfill all the eligibility criteria as per the office
memorandum/ order mentioned above and RFP and we are eligible to participate
in the Tender process.
We also agree and accept that if our declaration and confirmation is found to be
false at any point of time including after awarding the contract, Bank shall be within
its right to forthwith terminate the contract/ bid without notice to us and initiate such
action including legal action in accordance with law. Bank shall also be within its
right to forfeit the security deposits/ earnest money provided by us and also recover
from us the loss and damages sustained by the Bank on account of the above.
4. This declaration cum undertaking is executed by us or through our Authorized
person, after having read and understood the terms of RFP and the Office
Memorandum and Order.
Please note:
I. Any bidder from a country which shares a land border with India will be eligible to
bid in this tender only if the bidder is registered with the Competent Authority.
II. Bidders having Transfer of Technology (ToT) arrangement in sensitive technologies
(as defined in point VIII) with an entity having beneficial ownership from land border
sharing countries will also require mandatory approval of Competent Authority for
participation in this bid.
III. “Bidder” (including the term ‘tenderer’, ‘consultant’, ‘vendor’ or ‘service provider’ in
certain contexts) means any person or firm or company, including any member of
a consortium or joint venture (that is an association of several persons, or firms or
companies), every artificial juridical person not falling in any of the descriptions of
bidders stated hereinbefore, including any agency branch or office controlled by
such person, participating in a procurement process.
IV. “Bidder from a country which shares a land border with India” for the purpose of this
Order means: -
a. An entity incorporated, established or registered in such a country; or
b. A subsidiary of an entity incorporated, established or registered in such a
country; or
c. An entity substantially controlled through entities incorporated, established or
registered in such a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A consortium or joint venture where any member of the consortium or joint
venture falls under any of the above
V. The beneficial owner for the purpose of (iii) above will be as under:
1. In case of a company or Limited Liability Partnership, the beneficial owner is the
natural person(s), who, whether acting alone or together, or through one or more
juridical person, has a controlling ownership interest or who exercises control
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through other means.
Explanation—
a. “Controlling ownership interest” means ownership of or entitlement to more
than twenty-five per cent, of shares or capital or profits of the company;
b. “Control” shall include the right to appoint majority of the directors or to control
the management or policy decisions including by virtue of their shareholding or
management rights or shareholders agreements or voting agreements;
2. In case of a partnership firm, the beneficial owner is the natural person(s) who,
whether acting alone or together, or through one or more juridical person, has
ownership of entitlement to more than fifteen percent of capital or profits of the
partnership;
3. In case of an unincorporated association or body of individuals, the beneficial
owner is the natural person(s), who, whether acting alone or together, or through
one or more juridical person, has ownership of or entitlement to more than fifteen
percent of the property or capital or profits of such association or body of
individuals;
4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial
owner is the relevant natural person who holds the position of senior managing
official;
5. In case of a trust, the identification of beneficial owner(s) shall include identification
of the author of the trust, the trustee, the beneficiaries with fifteen percent or more
interest in the trust and any other natural person exercising ultimate effective
control over the trust through a chain of control or ownership.
VI. An Agent is a person employed to do any act for another, or to represent another
in dealings with third person.
VII. The successful bidder shall not be allowed to sub-contract works to any
contractor from a country which shares a land border with India unless such
contractor is registered with the Competent Authority.
VIII. For Bidders having Transfer of Technology (ToT) arrangement with entities
having beneficial ownership in land border sharing countries; following seven
technologies are considered as sensitive technologies:
1. Additive Manufacturing (e.g. 3D Printing)
2. Any equipment having electronic programmable components or autonomous
systems (e.g. SCADA systems)
3. Any technology used for uploading and streaming of data including
broadcasting, satellite communication etc.
4. Chemical Technologies
5. Biotechnologies including Genetic Engineering and Biological Technologies
6. Information and Communication Technologies
7. Software

Dated this…………………………………..by ……………………….20

Yours faithfully,

Authorized Signatory
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Name:
Designation:
Bidder’s Corporate Name
Address
Email and Phone #

List of documents enclosed:


1. Copy of certificate of valid registration with the Competent Authority (strike off if not
applicable)

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Annexure 04 – Bid Security / Earnest Money Deposit (EMD) Details
(Bidder need to provide the Transaction Details of Bid Security (EMD) (in case paid
through electronic mode)

To,
Chief General Manager (IT)
Bank of Baroda
Baroda Sun Tower
Bandra Kurla Complex
Bandra (E), Mumbai 400 051

Sir,
Sub: Request for Proposal (RFP) for selection of technology partner for
ISO22301:2019 certification for Business Continuity Management System.

We ………………………………………………. having our registered office at


………………………………………. (herein after called the 'BIDDER') are offering
Earnest Money Deposit as per details below for consideration of the bid of the above
mentioned Bidder.
Amount: Rs. _______ /- (Rupees _______________ Only)
Mode: Online Transfer/Bank Guarantee
Payment Type: RTGS (Real Time Gross Settlement) / NEFT (National Electronics
Fund Transfer)/ /Bank Guarantee
UTR / Txn ref. No. _______________________________
Txn Date: ______________________________________
Remitting Bank: ________________________________
Remitting Bank IFSC Code: _______________________
Beneficiary Account: Bank of Baroda, Bank Account No. 29040400000417
Beneficiary Bank IFSC Code: BARB0BANEAS
The details of the transaction viz. scanned copy of the receipt of making transaction
or Bank Guarantee or Micro and Small Enterprises (MSE) / Startups Certificate (if EMD
not applicable) to be enclosed.
The Bank at its discretion, may reject the bid if the EMD money doesn’t reflect in
beneficiary account or BG not received as per details furnished above.
Account Details for refund of Bid Security (Earnest Money Deposit) as per terms
& conditions mentioned in the Tender document

We …………………………………………………. having our registered office at


………………………………………. (herein after called the 'BIDDER') are providing our
bank account details as per below to be considered as our account for refund of Bid
Security (Earnest Money Deposit), wherever applicable as per terms & conditions
mentioned in the Tender document.
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A/C Name:
A/C No.(Company account details):
IFSC Code:
Bank Name:
Bank Address:
The details mentioned above is treated as final & bank shall not be held responsible
for any wrong/failed transaction due to any discrepancy in above details.
Dated this…………………………………..by ……………………….20

Yours faithfully,

Authorized Signatory
Name:
Designation:
Bidder’s Corporate Name
Address
Email and Phone #

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Annexure 05 – Bid Security Form (Bank Guarantee)
(Pro forma for Bank Guarantee in lieu of EMD - Bidder need to provide the Bank Guarantee
in following format in lieu of Bid Security Transaction)

To, Date:
Bank of Baroda
…………………..
Dear Sir,

WHEREAS..........................................(Company Name) registered under the Indian


Companies Act 1956 and having its Registered Office at
.................................................................. India (hereinafter referred to as “the VENDOR”)
proposes to offer its response to Bid No.. #: ( RFP details) …………………………...
(hereinafter called the “RFP”)
AND WHEREAS, in terms of the conditions as stipulated in the RFP, the VENDOR is required
to furnish a Bank Guarantee in lieu of the Earnest Money Deposit (EMD), issued by a
Scheduled Commercial Bank in India in your favour to secure the order of the RFP in
accordance with the RFP Document (which guarantee is hereinafter called as “BANK
GUARANTEE”)
AND WHEREAS the VENDOR has approached us, ................................................. for
providing the BANK GUARANTEE.
AND WHEREAS at the request of the VENDOR and in consideration of the proposed RFP
response to you,
WE,............................................................having............................................................ Office
at..........................................................., India has agreed to issue the BANK GUARANTEE.
THEREFORE, WE, ......................................................., through our local office at ...................
India furnish you the Bank GUARANTEE in manner hereinafter contained and agree with you
as follows:
1. We....................................., undertake to pay the amounts due and payable under this
Guarantee without any demur, merely on demand from you and undertake to indemnify
you and keep you indemnified from time to time to the extent of Rs........................(Rupees
..............................only) an amount equivalent to the EMD against any loss or damage
caused to or suffered by or that may be caused to or suffered by you on account of any
breach or breaches on the part of the vender . any of the terms and conditions contained
in the RFP and in the event of the VENDOR commits default or defaults in carrying out any
of the work or discharging any obligation in relation thereto under the RFP or otherwise in
the observance and performance of any of the terms and conditions relating thereto in
accordance with the true intent and meaning thereof, we shall forthwith on demand pay to
you such sum or sums not exceeding the sum of
Rs......................(Rupees......................................... only) as may be claimed by you on
account of breach on the part of the VENDOR of their obligations in terms of the RFP.
2. Notwithstanding anything to the contrary contained herein or elsewhere, we agree that your
decision as to whether the VENDOR has committed any such default or defaults and the
amount or amounts to which you are entitled by reasons thereof will be binding on us and
we shall not be entitled to ask you to establish your claim or claims under Bank Guarantee
but will pay the same forthwith on your demand without any protest or demur.
3. This Bank Guarantee shall continue and hold good until it is released by you on the
application by the VENDOR after expiry of the relative guarantee period of the RFP and
after the VENDOR had discharged all his obligations under the RFP and produced a
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certificate of due completion of work under the said RFP and submitted a “No Demand
Certificate “provided always that the guarantee shall in no event remain in force after the
day of ....................... without prejudice to your claim or claims arisen and demanded from
or otherwise notified to us in writing before the expiry of the said date which will be
enforceable against us notwithstanding that the same is or are enforced after the said date.
4. Should it be necessary to extend Bank Guarantee on account of any reason whatsoever,
we undertake to extend the period of Bank Guarantee on your request under intimation to
the VENDOR till such time as may be required by you. Your decision in this respect shall
be final and binding on us.
5. You will have the fullest liberty without affecting Bank Guarantee from time to time to vary
any of the terms and conditions of the RFP or extend the time of performance of the RFP
or to postpone any time or from time to time any of your rights or powers against the
VENDOR and either to enforce or forbear to enforce any of the terms and conditions of the
said RFP and we shall not be released from our liability under Bank Guarantee by exercise
of your liberty with reference to matters aforesaid or by reason of any time being given to
the VENDOR or any other forbearance, act or omission on your part of or any indulgence
by you to the VENDOR or by any variation or modification of the RFP or any other act,
matter or things whatsoever which under law relating to sureties, would but for the
provisions hereof have the effect of so releasing us from our liability hereunder provided
always that nothing herein contained will enlarge our liability hereunder beyond the limit of
Rs..................( Rupees....................................only ) as aforesaid or extend the period of
the guarantee beyond the said day of ...................... unless expressly agreed to by us in
writing.
6. The Bank Guarantee shall not in any way be affected by your taking or giving up any
securities from the VENDOR or any other person, firm or company on its behalf or by the
winding up, dissolution, insolvency or death as the case may be of the VENDOR.
7. In order to give full effect to the guarantee herein contained, you shall be entitled to act as
if we were your principal debtors in respect of all your claims against the VENDOR hereby
guaranteed by us as aforesaid and we hereby expressly waive all our rights of surety ship
and other rights, if any, which are in any way inconsistent with any of the provisions of Bank
Guarantee.
8. Subject to the maximum limit of our liability as aforesaid, Bank Guarantee will cover all your
claim or claims against the VENDOR from time to time arising out of or in relation to the
said RFP and in respect of which your claim in writing is lodged on us before expiry of Bank
Guarantee.
9. Any notice by way of demand or otherwise hereunder may be sent by courier, e-mail or
registered post to our local address as aforesaid and if sent accordingly it shall be deemed
to have been given when the same has been posted.
10. The Bank Guarantee and the powers and provisions herein contained are in addition to and
not by way of limitation of or substitution for any other guarantee or guarantees here before
given to you by us (whether jointly with others or alone) and now existing un-cancelled and
that Bank Guarantee is not intended to and shall not revoke or limit such guarantee or
guarantees.
11. The Bank Guarantee shall not be affected by any change in the constitution of the Vendor
or us nor shall it be affected by any change in your constitution or by any amalgamation or
absorption thereof or therewith but will ensure to the benefit of and be available to and be
enforceable by the absorbing or amalgamated company or concern.
12. The Bank Guarantee shall come into force from the date of its execution and shall not be
revoked by us any time during its currency without your previous consent in writing.

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13. We further agree and undertake to pay you the amount demanded by you in writing
irrespective of any dispute or controversy between you and the VENDOR.
14. Notwithstanding anything contained herein above;
i)our liability under this Guarantee shall not exceed Rs...............................................(
Rupees.........................................only) ;
ii) This Bank Guarantee shall be valid up to and including the date ............. and
iii) We are liable to pay the guaranteed amount or any part thereof under this Bank
Guarantee only and only if you serve upon us a written claim or demand on or before the
expiry of this guarantee.
15. We have the power to issue this Bank Guarantee in your favour under the Memorandum
and Articles of Association of our Bank and the undersigned has full power to execute this
Bank Guarantee under the Power of Attorney issued by the Bank.

For and on behalf of


Branch Manager
Seal & Address
NOTE:

1 VENDOR SHOULD ENSURE THAT THE SEAL & CODE NO. OF THE SIGNATORY IS
PUT BY THE BANKERS, BEFORE SUBMISSION OF BG.
2 STAMP PAPER IS REQUIRED FOR THE BG ISSUED BY THE BANKS LOCATED IN
MUMBAI.
3 BANK GUARANTEE IF SUBMITTED, SHOULD BE ACCOMPANIED WITH COPY OF
THE SFMS TRANSMITTED AT THE TIME OF ISSUE OF BANK GUARANTEE. AS PER
IBA NOTIFICATION NO. PS&BT/GOVT/2305 DATED 16-MAR-2016 ALONG WITH
MINISTRY OF FINANCE, GOVERNMENT OF INDIA CIRCULAR [Link].7/112/2011-BOA
DATED 08-MAR-2016 WITH RESPECT TO SENDING BANK GUARANTEE ADVICES
THROUGH STRUCTURED FINANCIAL MESSAGING SYSTEM (SFMS), IT IS
NECESSARY TO CONFIRM THE AUTHENTICITY OF THE BANK GUARANTEES (BG)
BY SFMS MESSAGE. THE SFMS SHOULD BE SENT TO FOLLOWING BRANCH:
BRANCH NAME & ADDRESS: BANK OF BARODA, BKC BRANCH, C-26, G-BLOCK,
BARODA CORPORATE CENTER, BANDRA EAST, MUMBAI-400051
IFSC CODE: BARB0BANEAS (FIFTH LETTER IS “ZERO”)
4 VENDOR SHOULD ENSURE THAT THE BANK GUARANTEE SHOULD CONTAIN ALL
TERMS & CONDITIONS AS PER THIS FORMAT. BANK GUARANTEE SUBMITTED
WITH ANY RIDER OR DEVIATION TO THE STIPULATED TERMS & CONDITIONS WILL
NOT BE ACCEPTED.

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Business Continuity Management System
Bank of Baroda Confidential Page 38 of 78
Annexure 06 – Bid Security Declaration by Bidder

To,
Chief General Manager (IT)
Bank of Baroda
Baroda Sun Tower
Bandra Kurla Complex
Bandra (E), Mumbai 400 051

Sir,
Sub: Request for Proposal (RFP) for selection of technology partner for
ISO22301:2019 certification for Business Continuity Management System.
1. I/We, the undersigned, declare that M/s………..is a Private / Public limited
company are eligible for exemption from Bid Security (EMD) as per the GeM GTC
or we fall under category of Micro and Small Enterprise and the copy of registration
certificate issued by NSIC/DIPP for Micro and Small Enterprises (MSE) / Startups
which are valid on last date of submission of the tender documents are enclosed.
2. I/We understand that, according to your conditions, bids must be supported by a
Bid Securing Declaration as per Rule 170 of General Financial Rules (GFRs) 2017
by Micro and Small Enterprises (MSEs).
OR
2A. As per the RFP / Bid no: ……..floated for …….. at para no: ………. a Bid
Declaration Form in lieu of Bid Security is required to be submitted by me/ as per
Rule 170 of General Financial Rules (GFRs)2017 by Micro and Small Enterprises
(MSEs).
3. I/We accept that I/We may be disqualified from bidding for any contract with you
for a period of 6 months from the date of notification if I am /We are in a breach of
any obligation under the bid conditions, because I/We
a) Have withdrawn/modified/amended, impairs or derogates from the tender,
my/our Bid during the period of bid validity specified in the form of Bid; or
b) Having been notified of the acceptance of our Bid by the purchaser during the
period of bid validity (i) fail or reuse to execute the contract, if required, or (ii)
fail or refuse to furnish the Performance Security, in accordance with the
Instructions to Bidders.
4. I/We understand this Bid Securing Declaration shall cease to be valid if I am/we
are not the successful Bidder, upon the earlier of (i) the receipt of your notification
of the name of the successful Bidder; or (ii) thirty days after the expiration of the
validity of my/our Bid.
5. I/We declare that I am the authorized person of ………………to make the
declaration for and on behalf of ………… Letter of Authority for executing
declaration is enclosed

Signed: (insert signature of person whose name and capacity are shown)
Request for Proposal (RFP) for selection of technology partner for ISO22301:2019 certification for
Business Continuity Management System
Bank of Baroda Confidential Page 39 of 78
in the capacity of : (insert legal capacity of person signing the Bid Securing
Declaration)
Name: (insert complete name of person signing he Bid Securing Declaration)
Duly authorized to sign the bid for an on behalf of (insert complete name of Bidder)
Dated on _____________ day of ___________________ (insert date of signing)
Corporate Seal (where appropriate)
(Note: in case of a Joint Venture, the Bid Securing Declaration must be in the name of
all partners to the Joint Venture that submits the Bid)

Request for Proposal (RFP) for selection of technology partner for ISO22301:2019 certification for
Business Continuity Management System
Bank of Baroda Confidential Page 40 of 78
Annexure 07 – Undertaking from the Bidder

To
Chief General Manager (IT)
Bank of Baroda
Baroda Sun Tower
Bandra Kurla Complex
Bandra (E), Mumbai 400 051

Sir,
Sub: Request for Proposal (RFP) selection of technology partner for
ISO22301:2019 certification for Business Continuity Management System.
1. Having examined the Tender Documents including all Annexures and Appendices,
the receipt of which is hereby duly acknowledged, we, the undersigned offer to
supply, deliver, implement and commission ALL the items mentioned in the
‘Request for Proposal’ and the other schedules of requirements and services for
your bank in conformity with the said Tender Documents in accordance with the
schedule of Prices indicated in the Price Bid and made part of this Tender.
2. If our Bid is accepted, we undertake to comply with the delivery schedule as
mentioned in the Tender Document.
3. All ‘Bill of Material’ line items have been quoted as per requirement in Commercial
Bid format without any deviation.
4. Masked Commercial Bid (Annexure 11) and Commercial Bid (Annexure 12) have
been submitted without any deviation. Bill of Materials which have been marked in
the masked Commercial Bid is as per the submitted Commercial Bid without any
deviation.
5. We agree to abide by this Tender Offer for 180 days from date of bid opening and
our Offer shall remain binding on us and may be accepted by the Bank any time
before expiry of the offer.
6. This Bid, together with your written acceptance thereof and your notification of
award, shall constitute a binding Contract between us.
7. a) We undertake that in competing for and if the award is made to us, in executing
the subject Contract, we will strictly observe the laws against fraud and corruption
in force in India namely “Prevention of Corruption Act 1988”.
(b) Commission or gratuities, if any paid or to be paid by us to agents relating to
this Bid and to Contract execution, if we are awarded the Contract are listed
below.
i. Name and Address of the Agent - ………………………(please specify NA if not
applicable)
ii. Amount and Currency in which Commission paid / payable - …………..(please
specify NA if not applicable)
iii. Purpose of payment of Commission (If commission is not paid / not payable
indicate the same here) - ……………………………….(please specify NA if not
applicable)
8. We agree that the Bank is not bound to accept the lowest or any Bid the Bank may
receive.
9. We certify that we have provided all the information requested by the bank in the
format requested for. We also understand that the bank has the exclusive right to
Request for Proposal (RFP) for selection of technology partner for ISO22301:2019 certification for
Business Continuity Management System
Bank of Baroda Confidential Page 41 of 78
reject this offer in case the bank is of the opinion that the required information is
not provided or is provided in a different format.

Dated this…………………………………..by ……………………….20

Yours faithfully,

Authorized Signatory
Name:
Designation:
Bidder’s Corporate Name
Address
Email and Phone #

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Business Continuity Management System
Bank of Baroda Confidential Page 42 of 78
Annexure 08 – Pre-Bid Queries Form
(Please note that all pre-bid queried need to be send by email in excel format only)

[Please provide your comments on the Terms & conditions in this section. You are
requested to categorize your comments under appropriate headings such as those
pertaining to the Scope of work, Approach, Work plan, Personnel schedule,
Curriculum Vitae, Experience in related projects etc. 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.]

Name of the Respondent:

Contact Person from Respondent in case of need.


Name :
Tel No : e-Mail ID:

Sr. Page Point / Category Clarification Comment/


No. # Section (Eligibility/Scope/Com point as stated in Suggestion/
# mercial/Legal/General) the tender Deviation
document
1
2
3
4
5
6

Authorized Signatory
Name:
Designation:
Vendor’s Corporate Name
Address
Email and Phone #
Date:

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Business Continuity Management System
Bank of Baroda Confidential Page 43 of 78
Annexure 09 – Conformity Letter
(This letter should be on the letterhead of the Bidder duly signed by an
authorized signatory)

To
Chief General Manager (IT)
Bank of Baroda
Baroda Sun Tower
Bandra Kurla Complex
Bandra (E), Mumbai 400 051

Sir,

Sub: Request for Proposal (RFP) selection of technology partner for


ISO22301:2019 certification for Business Continuity Management System.

Further to our proposal dated ………., in response to the Request for


Proposal………………………………………(Bank’s tender No. ……………. hereinafter
referred to as “RFP”) issued by Bank of Baroda (“Bank”) we 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 the Bank shall form a valid and
binding part of the aforesaid RFP document. The Bank 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
the Bank’s decision not to accept any such extraneous conditions and deviations will
be final and binding on us.
Yours faithfully,

Authorized Signatory
Name:
Designation:
Bidder’s Corporate Name
Address
Email and Phone #

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Business Continuity Management System
Bank of Baroda Confidential Page 44 of 78
Annexure 10 – Project Details Scope of Work
A. Project Scope
Bank of Baroda is one of the largest Public Sector Bank (PSU) in India with a branch
network of over 8200 branches in India and over 95 overseas branches/offices
distributed in 15+ countries.
The Bank has its Datacenters located in Mumbai and Hyderabad. The Bank maintains
its Data Center business continuity by adhering to best practices of the current industry
standards. To formally recognize these practices, Bank of Baroda aims to achieve ISO
22301:2019 certification for the business continuity of its Data Centers (DC-DR
failover).
The successful bidder shall undertake a comprehensive risk assessment of the entire
business processes for data center BCMS including People, Processes, Products, and
Partners that will include but not limited to Information Security policies, sub-policies,
procedures, business continuity plan, information and security controls, process,
services, and associated guidelines and procedures operationalized in Bank. The
Bidder should also perform a comprehensive business impact assessment & review
of controls and control objectives already implemented and provide necessary
recommendations for addition/ modification required in the existing controls
implemented.
The high-level objective is to certify the data center's business continuity plan for
natural disasters, cyberattacks, or any unforeseen events, with a focus on information
security and other critical controls. The Bidder is expected to:
1. Study of present Setup and Gap Analysis in line with ISO 22301 (Phase 1)
a. Conduct meetings/interviews with teams to assess all aspects of Disaster
Recovery and DC-DR failover processes.
b. Prepare a detailed gap analysis report in line with ISO 22301, including best
industry practices not covered under ISO 22301 guidelines (if any).
c. Identify and record all critical information assets mapped with organizational
processes along with maximum tolerable downtime (MTD).
d. Conduct risk assessments and business impact assessments. Provide a risk
treatment plan to meet recovery time objective (RTO) and recovery point
objective (RPO).
e. Identify and document risks and gaps for implementing requirements across
bank processes.
f. The bidder should develop policy, procedure guidelines and standard templets
in line with ISO 22301.
g. The bidder needs to identify functional areas and processes to be covered in
the scope of BCM and document the scope of BCM as per ISO 22301:2019
certification requirement.
h. Develop a detailed ISO 22301:2019 certification plan with appropriate project
milestones based on the scope.
i. The bidder shall propose BCM framework and governance structure in
alignment of the business goals.

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Business Continuity Management System
Bank of Baroda Confidential Page 45 of 78
j. The bidder needs to prepare a BCM Charter for the project including detailed
execution plan, escalation matrix, and status reporting formats.
k. The bidder needs to review Bank’s Business Continuity Management Policy.
Suggest improvements if any.
2. Recommendations and implementation (Phase 1)
a. The bidder should suggest a plan to implement the recommendations to
bridge the identified gaps over the existing set of processes.
3. Training (Phase 2)
a. General BCMS awareness program onsite to cover all employees of the
organization (in 2 sessions).
b. Specific ISO 22301:2019 implementation training & certification program for
BCM & Members (5 Participants).
4. Readiness Review (Phase 2)
a. The bidder should perform implementation/readiness review to check
compliance with gap analysis report and submit the compliance report to the
Bank.
b. Assist in providing minimum 2 table-top exercises for 5 different disaster
scenarios based on threats & risk aligned to organizational context / process /
environment.
c. Conduct one comprehensive / full scale BCP execution for any 2 selected
critical applications.
d. Conduct internal audit of designed Data Center BCMS & its implementation
aligned to achieve compliance towards latest ISO 22301:2019 standard.
e. Audit Report to list the identified nonconformities and gaps was submitted to
the Bank. The Bank team to submit a corrective action plan for closing the
gaps and nonconformities.
f. Post internal audit, bidder to prepare a comprehensive report on the status of
implemented BCMS.
5. Appraisals & ISO 22301 Certification (Phase 3)
a. Bidder to arrange for the certification audit. If third party assessment/ audit is
required for the certification then Bidder need to arrange for the same.
b. Bidder to help Bank Team to prepare for the Third-Party Certification Body
Audit. Bidder to extend all necessary help and support to the Bank team during
the certification audit conducted by the Certification Body.
c. Post Certification Bidder to help the Bank maintain the certification for 3 years
and arrange to conduct surveillance audit for Year 2 & Year 3.
6. Deliverables
Successful bidder should provide the following items time to time during
implementation of ISO 22301 Certification:

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Business Continuity Management System
Bank of Baroda Confidential Page 46 of 78
Phase 1:
All documents required to ensure compliance with ISO 22301:2019 latest standard
should be prepared by the bidder in consultation with the Bank. Below are few of the
listed documents but not limited as there may be other documents / content that needs
to be prepared for standard compliance:
• BCM policy & objective document
• Business Continuity Procedures
• Organizational Context Document
• Risk Assessment Methodology Documents & Results Report
• BCMS Scope Document
• Incident/ Crisis Response Plan & Manual
• Business Continuity Strategy Document
• Business Impact Assessment (BIA) Methodology document
• BIA Reports
• Development of documentation from ISO 22301 implementation, disaster
recovery plan
• Business Continuity Plan (BCP), Roles and Responsibility & IT Disaster
Recovery Plan
• Procedure for Document & Record Control
• Procedure for taking corrective / preventive action.
• BCM performance Metrics
• Regulatory and Legal Compliance Report
• Procedure for conducting Internal Audits
• Competence and Training Records
The Bank will sign off on the deliverables, including required documents, only after a
thorough review. If any gap is observed in the deliverables, the bidder must address
and resubmit the deliverable.
Phase 2
o Determining Appraisal sample and identifying interview participants for
assessment.
o Conduct trainings related to ISO and also provide training material
o Conduct training assessment report and participation certificate of team
members and provide training material.
o Implementation spot check report with compliance status and actions.
o Share progress report on the ISO implementation every fortnight

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Business Continuity Management System
Bank of Baroda Confidential Page 47 of 78
o Framework and procedures for ISO related activities under the scope. In cases
of significant noncompliance, establish a mechanism to resolve audit
observations.
o Share Spot Check and readiness review reports
o Pre appraisal plan and pre appraisal findings reports.
o Pre appraisal finding closure report which should be mapped with required
evidences as per Benchmark appraisal planning.
o Benchmark appraisal plan and readiness review report.
o ISO Appraisal method for Process Improvement Assessment Reports
o ISO Appraisal Method for Process Improvement Certificate
Phase 3
Certification
B. Delivery SLA and Delivery
The delivery, SLA and Payment will be governed as below:

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Business Continuity Management System
Bank of Baroda Confidential Page 48 of 78
S. Particular Timelines Payment SLA
No.
1 Study of present setup and 10 weeks from the 30% of ISO 22301:2019 certification @ 0.5% of ISO 22301:2019
delivery the details gap date of PO cost plus applicable tax after delivery of certification cost inclusive of
analysis report & agreed deliverables in the form of Sign all taxes, duties, levies etc.,
recommendations along with off which should be signed by both per week or part thereof, for
supporting documentation Bank’s identified Project Manager & late deliverables beyond due
and other Phase 1 vendor representative delivery date
Deliverables
2 Readiness review, training 15 weeks from the @ 0.5% of ISO 22301:2019
30% of ISO 22301:2019 certification
and other phase 2 completion of certification cost inclusive of
cost plus applicable tax after delivery of
deliverables. Phase 1. all taxes, duties, levies etc.,
agreed deliverables in the form of Sign
(Considering the per week or part thereof, for
off which should be signed by both
recommendations late deliverables beyond due
Bank’s identified Project Manager &
are implemented delivery date
vendor representative
by the Bank in 12
weeks.
3 Registration and loyalty fee to 2 weeks from the 100% of registration and loyalty fee to
be paid to ISO. completion of be paid to ISO on actual plus applicable
readiness review. tax in advance on confirmation from
Bank’s project Manager.
4 Appraisals & Certification of 4 weeks from the 40% of CMMI Dev certification cost plus @ 0.5% of ISO 22301:2019
ISO 22301 and Phase 3 completion of applicable tax on obtaining the CMMI certification cost inclusive of
Deliverables registration certification. all taxes, duties, levies etc.,
process. per week or part thereof, for
late deliverables beyond due
delivery date attributed to
Bidder’s dependencies.
Delays caused by
dependency on the ISO will
be exempt from this penalty
and will not be considered for
the SLA calculations.
5 Certificate Maintenance Cost Yearly 100% of the yearly certificate
@ 0.5% of ISO 22301:2019
maintenance cost plus applicable taxes
Maintenance & Surveillance
to be paid against sign off report which
Audit cost for that year
should be signed by both Bank’s
inclusive of all taxes, duties,
identified Project Manager & vendor
levies etc., per week or part
representative thereof, for late deliverables
beyond due delivery date
SLA is capped to a maximum of 5% of the project cost. If SLA exceeds 5% of the project cost, Bank of Baroda reserves the right to
cancel the entire order.
Any delay due to the Bank’s dependency will not be considered under Service Provider’s scope and will be excluded for the delay
calculation. However, in this regards, Service Provider need to obtain proper certificate from Bank’s project Manager.
The vendor must accept the payment terms proposed by the Bank. The commercial bid submitted by the vendors must be in
conformity with the payment terms proposed by the Bank. Any deviation from the proposed payment terms would not be accepted.
The Bank shall have the right to withhold any payment due to the vendor, in case of delays or defaults on the part of the vendor. Such
withholding of payment shall not amount to a default on the part of the Bank. If any of the items / activities as mentioned in the price
bid is not taken up by the bank during the course of the assignment, the bank will not pay the cost of such items and professional
fees quoted by the vendor in the price bid against such activity / item.
The Payment will be released by Bank as per above payment terms on submission of mentioned supporting documents.
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Bank of Baroda Confidential Page 50 of 78
The Bank will pay invoices within a period of 30 days from the date of receipt of accepted invoices. Any dispute regarding the invoice
will be communicated to the selected vendor within 15 days from the date of receipt of the invoice. After the dispute is resolved, Bank
shall make payment within 30 days from the date the dispute stands resolved. There shall be no escalation in the prices once the
prices are fixed and agreed to by the Bank and the vendors. But, any benefit arising out of any subsequent reduction in the prices
due to reduction in duty & taxes after the prices are fixed and before the delivery should be passed on to the Bank.

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Bank of Baroda Confidential Page 51 of 78
Annexure 11 – Masked Commercial Bid
(Amount in Rs.)

S. Particular Total
No.

1 Total Cost for ISO 22301:2019 certification as per the Scope 0.00
(Assessment, Gap reports, Recommendations, Implementation
support, Training, Certification and other deliverables)
2 Certificate Maintenance & Surveillance Audit Cost for Year 2 0.00
3 Certificate Maintenance & Surveillance Audit Cost for Year 3 0.00

Total Cost of Ownership (TCO) A+B 0.00

Note:
Please ensure that this Annexure 12 Commercial bid is not uploaded with the
Technical bid as it will be opened during commercial bid evaluation in second
stage. In case any commercial details are found in the eligibility cum technical
bid document set, entire bid is liable to be rejected.

Bidder not to quote Cost of registration and Loyalty fee to be paid to ISO in the
commercial bid. ISO registration and Loyalty fee will be paid by the Bank on
actual basis.

We abide by following terms and conditions:


a. For each of the above items provided the vendor is required to provide the cost
for every line item where the vendor has considered the cost in BOM.
b. The vendor needs to clearly indicate if there are any recurring costs included in
the above bid and quantify the same. In the absence of this, the vendor would
need to provide the same without any charge. Vendor should make no changes
to the quantity.
c. If the cost for any line item is indicated as zero / blank then it will be assumed by
the Bank that the said item is provided to the Bank without any cost.
d. All Deliverables to be supplied as per RFP requirements provided in the tender.
e. The Service Charges need to include all services and other requirement as
mentioned in the RFP.
f. The vendor has to make sure all the arithmetical calculations are accurate. Bank
will not be held responsible for any incorrect calculations however for the purpose
of calculation Bank will take the corrected figures / cost.
g. Prices quoted by the Vendor should be inclusive of all taxes, duties, levies etc.
except GST which will be paid extra at actuals. There will be no price escalation
for during the contract period and any extension thereof. Bid submitted with an
adjustable price quotation will be treated as non-responsive and will be rejected.
h. All Quoted Commercial Values should comprise of values only up to 2 decimal
places. Bank for evaluation purpose will consider values only up to 4 decimal
places for all calculations & ignore all figures beyond 2 decimal places.
i. All prices should be in Indian Rupee (INR) only. Bank will deduct applicable TDS,
if any, as per the law of the land.
j. Commercial quote signed is final. There shall be no price escalation during the
contract period and any extension thereof. Bid submitted with an adjustable price
quotation will be treated as non-responsive and will be rejected.
k. The Bank reserves the discretion to avail or not to avail the optional items during
the contract period, and payment will be made accordingly. However, for the
purpose of calculating the Total Cost of Ownership (TCO), the cost of optional
items shall also be considered.

Further, we confirm that we will abide by all the terms and conditions mentioned above
& in the tender document.

We hereby undertaking to the bank to comply with the secrecy provision pursuant to
provision of Banking Regulation Act, 1949 and other applicable laws. Further, we
confirm that we will abide by all the terms and conditions mentioned above & in the
tender document.

Authorized Signatory
Name:
Designation:
Vendor’s Corporate Name

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Business Continuity Management System
Bank of Baroda Confidential Page 53 of 78
Annexure 12 – Commercial Bid
(Amount in Rs.)

S. Particular Total
No.

1 Total Cost for ISO 22301:2019 certification as per the Scope 0.00
(Assessment, Gap reports, Recommendations, Implementation
support, Training, Certification and other deliverables)
2 Certificate Maintenance & Surveillance Audit Cost for Year 2 0.00
3 Certificate Maintenance & Surveillance Audit Cost for Year 3 0.00

Total Cost of Ownership (TCO) A+B 0.00

Note:
Please ensure that this Annexure 12 Commercial bid is not uploaded with the
technical bid as it will be opened during commercial bid evaluation in second
stage. In case any commercial details are found in the eligibility cum technical
bid document set, entire bid is liable to be rejected.

Bidder not to quote Cost of registration and Loyalty fee to be paid to ISO in the
commercial bid. ISO registration and Loyalty fee will be paid by the Bank on
actual basis.

We abide by following terms and conditions:


a. For each of the above items provided the vendor is required to provide the cost
for every line item where the vendor has considered the cost in BOM.
b. The vendor needs to clearly indicate if there are any recurring costs included in
the above bid and quantify the same. In the absence of this, the vendor would
need to provide the same without any charge. Vendor should make no changes
to the quantity.
c. If the cost for any line item is indicated as zero / blank then it will be assumed by
the Bank that the said item is provided to the Bank without any cost.
d. All Deliverables to be supplied as per RFP requirements provided in the tender.
e. The Service Charges need to include all services and other requirement as
mentioned in the RFP.
f. The vendor has to make sure all the arithmetical calculations are accurate. Bank
will not be held responsible for any incorrect calculations however for the purpose
of calculation Bank will take the corrected figures / cost.
g. Prices quoted by the Vendor should be inclusive of all taxes, duties, levies etc.
except GST which will be paid extra at actuals. There will be no price escalation
for during the contract period and any extension thereof. Bid submitted with an
adjustable price quotation will be treated as non-responsive and will be rejected.
h. All Quoted Commercial Values should comprise of values only up to 2 decimal
places. Bank for evaluation purpose will consider values only up to 4 decimal
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Business Continuity Management System
Bank of Baroda Confidential Page 54 of 78
places for all calculations & ignore all figures beyond 2 decimal places.
i. All prices should be in Indian Rupee (INR) only. Bank will deduct applicable TDS,
if any, as per the law of the land.
j. Commercial quote signed is final. There shall be no price escalation during the
contract period and any extension thereof. Bid submitted with an adjustable price
quotation will be treated as non-responsive and will be rejected.

Further, we confirm that we will abide by all the terms and conditions mentioned above
& in the tender document.

We hereby undertaking to the bank to comply with the secrecy provision pursuant to
provision of Banking Regulation Act, 1949 and other applicable laws. Further, we
confirm that we will abide by all the terms and conditions mentioned above & in the
tender document.

Authorized Signatory
Name:
Designation:
Vendor’s Corporate Name

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Business Continuity Management System
Bank of Baroda Confidential Page 55 of 78
Annexure 13 – Binding Criteria for Technical Presentation
The following criteria must be adhered to by all bidders, in connection with the
technical presentations during the bid selection process:
• At least one senior representative from bidder’s organization should be
present in the technical presentations
• Complete soft copies of the presentation materials should be shared with the
Bank before the presentation.
• The Bank will expect and demand that the key personnel showcased by the
vendor in the technical presentation should be the same ones that actively drive
the project execution.
• Bidders must strictly adhere to the time slots provided to them for the
technical presentation, allowing ample time and scope for question-answers.
• Focus of the presentation should be on the specifics of the approach /
methodology being proposed for the Bank.
• Both technical and administrative aspects of the project should be given
suitable coverage.
• All aspects of requirements in the RFP should be covered in the presentation.
• All RFP requirements that are not covered by the proposed plan, or not
adhered to, should be clearly brought out in the technical presentation, along
with reasons / justification on why they will not be covered.
• Any assumption, if taken in the response to RFP document should be clearly
brought out in the technical presentation, along with the justification.
• Bank’s evaluation and scoring on all aspects including technical presentation
are final and non-negotiable.

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Business Continuity Management System
Bank of Baroda Confidential Page 56 of 78
Annexure 14 – Performance Guarantee
BANK GUARANTEE
(FORMAT OF PERFORMANCE BANK GUARANTEE)
To
Chief General Manager (IT)
Bank of Baroda
Baroda Sun Tower
Bandra Kurla Complex
Bandra (E), Mumbai 400 051

WHEREAS M/S …………………………………………… (Name of Bidder) a Company


registered under the Indian Companies Act, 1956 and having its Registered Office
at , (Please provide complete address) (hereinafter referred to as "Bidder") was
awarded a contract by Bank of Baroda (the Bank) vide their Purchase Order no.
……………………………… dated …………………………. (hereinafter referred to as
“PO”) for …………………………….
…………………………………………………………………….

AND WHEREAS, in terms of the conditions as stipulated in the PO and the Request
for Proposal document No. …………………. Dated …………………….. for
………………………… …………………………………………………………………….
(hereinafter referred to as “RFP”), the Bidder is required to furnish a Performance Bank
Guarantee issued by a Public Sector Bank/ schedule commercial bank in India other
than the Bank of Baroda in your favour for Rs……………………./- towards due
performance of the contract in accordance with the specifications, terms and
conditions of the purchase order and RFP document (which guarantee is hereinafter
called as "BANK GUARANTEE").

AND WHEREAS the Bidder has approached us for providing the BANK GUARANTEE.

AND WHEREAS at the request of the Bidder, WE,


..……………………………...……………,a body corporate in terms of the Banking
Companies Acquisition and Transfer of Undertakings Act,1970/1980 having it’s
.................................................................. Office at …………… and a branch interalia
at................................................................... India have agreed to issue the BANK
GUARANTEE.

THEREFORE, WE, (name of Bank and it’s address)


........................................................through our local office at
............................................. India furnish you the BANK GUARANTEE in manner
hereinafter contained and agree with you as follows:
1. We ...................................... do hereby expressly, irrevocably and unconditionally
undertake to pay the amounts due and payable under this Guarantee
without any demur, merely on demand from you and undertake to indemnify you
and keep you indemnified from time to time and at all times to the extent of
Rs. ………............./-(Rupees
…………………………………………………………..only) against any loss or
damage caused to or suffered by or that may be caused to or suffered by you on
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account of any breach or breaches on the part of the Bidder of any of the terms
and conditions contained in the PO and RFP / SLA and in the event of the Bidder
committing default or defaults in carrying out any of the work or discharging any
obligation under the PO or RFP document or otherwise in the observance and
performance of any of the terms and conditions relating thereto in accordance with
the true intent and meaning thereof, we shall forthwith on demand pay to you such
sum or sums not exceeding the sum of Rs.……………/-.(Rupees
……………………………………………… ……………………………………………
only) as may be claimed by you on account of breach on the part of the Bidder of
their obligations or default in terms of the PO and RFP.
2. Notwithstanding anything to the contrary contained herein or elsewhere, we agree
that your decision as to whether the Bidder has committed any such breach/
default or defaults and the amount or amounts to which you are entitled by reasons
thereof will be binding on us and we shall not be entitled to ask you to establish
your claim or claims under Bank Guarantee, but will pay the same forthwith on
your demand without any protest or demur. Any such demand made by Bank of
Baroda shall be conclusive as regards the amount due and payable by us to you.
3. This Bank Guarantee shall continue and hold good until it is released by you on
the application by the Bidder after expiry of the relative guarantee period provided
always that the guarantee shall in no event remain in force after
……............................ (date) without prejudice to your claim or claims arisen and
demanded from or otherwise notified to us in writing before the expiry of the said
date which will be enforceable against us notwithstanding that the same is or are
enforced after the said date.
4. You will have the fullest liberty without our consent and without affecting our
liabilities under this Bank Guarantee from time to time to vary any of the terms and
conditions of the PO and RFP or extend the time of performance of the contract
or to postpone for any time or from time to time any of your rights or powers against
the Bidder and either to enforce or forbear to enforce any of the terms and
conditions of the said PO and RFP and we shall not be released from our liability
under Bank Guarantee by exercise of your liberty with reference to matters
aforesaid or by reason of any time being given to the Bidder or any other
forbearance, act or omission on your part or any indulgence by you to the Bidder
or any other act, matter or things whatsoever which under law relating to sureties,
would but for the provisions hereof have the effect of so releasing us from our
liability hereunder provided always that nothing herein contained will enlarge our
liability hereunder beyond the limit of Rs. ……………./-( Rupees……………
…………………………………………………… only) as aforesaid or extend the
period of the guarantee beyond the said ...................... (date) unless expressly
agreed to by us in writing.
5. The Bank Guarantee shall not in any way be affected by your taking or giving up
any securities from the Bidder or any other person, firm or company on its behalf
or by the winding up, dissolution, insolvency or death as the case may be of the
Bidder.
6. In order to give full effect to the guarantee herein contained, you shall be entitled
to act as if we were your principal debtors in respect of all your claims against the
Bidder hereby guaranteed by us as aforesaid and we hereby expressly waive all
our rights of surety ship and other rights, if any, which are in any way inconsistent
with any of the provisions of Bank Guarantee.
7. Subject to the maximum limit of our liability as aforesaid, Bank Guarantee will
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cover all your claim or claims against the Bidder from time to time arising out of or
in relation to the PO and RFP and in respect of which your claim in writing is
lodged on us before expiry of Bank Guarantee.
8. Any notice by way of demand or otherwise hereunder may be sent by special
courier or registered post to our local address as aforesaid and if sent accordingly
it shall be deemed to have been given when the same has been posted.
9. The Bank Guarantee and the powers and provisions herein contained are in
addition to and not by way of limitation of or substitution for any other guarantee
or guarantees hereto before given to you by us (whether jointly with others or
alone) and now existing enforce and this Bank Guarantee is not intended to and
shall not revoke or limit such guarantee or guarantees.
10. The Bank Guarantee shall not be affected by any change in the constitution of the
Bidder or us nor shall it be affected by any change in your constitution or by any
amalgamation or absorption thereof or therewith but will ensure to the benefit of
and be available to and be enforceable by the absorbing or amalgamated
company or concern.
11. The Bank Guarantee shall come into force from the date of its execution and shall
not be revoked by us any time during its currency without your previous consent
in writing.
12. We further agree and undertake to pay you the amount demanded by you in
writing irrespective of any dispute or controversy between you and the Bidder in
any suit or proceeding pending before any court or Tribunal relating thereto, our
liability under this present being absolute and unequivocal. The payments so
made by us shall be a valid discharge of our liability for payment here under and
the Bidder shall have no claim against us for making such payment.
13. Notwithstanding anything contained herein above;
a. our liability under this Guarantee shall not exceed Rs. ………………./- (Rupees
……………………………………………………only)
b. this Bank Guarantee shall be valid and remain in force upto and including the
date ............. and
c. we are liable to pay the guaranteed amount or any part thereof under this Bank
Guarantee only and only if you serve upon us a written claim or demand on or
before the expiry of this guarantee.
14. We have the power to issue this Bank Guarantee in your favour under the
Memorandum and Articles of Association of our Bank and the undersigned has
full power to execute this Bank Guarantee under the Power of Attorney issued by
the Bank.

Dated this the ……… day of …………………….., 20…..


For and on behalf of
Branch Manager
Seal and Address

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Annexure 15 – Integrity Pact
PRE CONTRACT INTEGRITY PACT
(TO BE STAMPED AS AN AGREEMENT ON NONJUDICIAL STAMPED PAPER)

This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on
______ day of _______ month, 20____,
Between,
BANK OF BARODA, a body corporate constituted under the provisions of Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1970 and having its
Corporate Office at Baroda Corporate Centre, C-26, G-Block, Bandra-Kurla Complex,
Bandra East, Mumbai 400051 (hereinafter referred to as “BOB”; which expression
shall, unless it be repugnant to the meaning or context thereof, be deemed to mean
and include its successors and assigns);
And
..................................................hereinafter referred to as "The Bidder"
Preamble
BOB is a one of the nationalized PSU Bank having its presence through its 8100+ of
number of branches and 95+ administrative offices throughout India and 15+ overseas
territories. BOB is committed to fair and transparent procedure in appointing of its
outsource service providers / vendor.
The BOB intends to appoint/ select, under laid down organizational procedures,
contract/ s for............................................. The BOB values full compliance with all
relevant laws of the land, rules, regulations, economic use of resources and of fairness
/ transparency in its relations with its Bidder(s) and / or Bidder(s).
In order to achieve these goals, the BOB will appoint Independent External Monitors
(IEM) who will monitor the tender process and the execution of the contract for
compliance with the principles mentioned above.

Section 1 - Commitments of BOB


1) The BOB commits itself to take all measures necessary to prevent corruption
and to observe the following principles
a. No employee of the BOB , personally or through family members , will in
connection with the tender for , or the execution of a contract, demand
; take a promise for or accept, for self or third person, any monetary or
non-monetary benefit which the person is not legally entitled to.
b. The BOB will, during the tender process treat all Bidder(s) with equity
and reason. The BOB will in particular, before and during the tender
process, provide to all Bidder(s) the same information and will not
provide to any Bidder(s) confidential / additional information through
which the Bidder(s) could obtain an advantage in relation to the tender
process or the contract execution.
c. The BOB will make endeavor to exclude from the selection process all
known prejudiced persons.
2) If the BOB obtains information on the conduct of any of its employees which is
a criminal offence under the IPC/ PC Act, or if there be a substantive suspicion
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in this regard, the BOB will inform the Chief Vigilance Officer and in addition
can initiate disciplinary actions.
Section 2 - Commitments of the Bidder(s)
1) The Bidder(s) commit themselves to take all measures necessary to prevent
corruption. The Bidder(s) commit themselves to observe the following principles
during participation in the tender process and during the contract execution:
a. The Bidder(s) will not, directly or through any other person or firm, offer,
promise or give to any of the BOB’s employees involved in the tender
process or the execution of the contract or to any third person any material
or other benefit which he/ she is not legally entitled to, in order to obtain in
exchange any advantage of any kind whatsoever during the tender process
or during the execution of the contract.
b. The Bidder(s) will not enter with other Bidders into any undisclosed
agreement or understanding, whether formal or informal. This applies in
particular to prices, specifications, certifications, subsidiary contracts,
submission or non-submission of bids or any other actions to restrict
competitiveness or to introduce cartelization in the bidding process.
c. The Bidder(s) will not commit any offence under the relevant IPC/ PC Act;
further the Bidder(s) will not use improperly, for purposes of competition or
personal gain, or pass on to others, any information or document provided
by the BOB as part of the business relationship, regarding plans, technical
proposals and business details, including information contained or
transmitted electronically.
d. The Bidder(s) of foreign origin shall disclose the name and address of the
Agents/ representatives in India, if any, similarly the Bidder(s) of Indian
Nationality shall furnish the name and address of the foreign principals, if
any. Further details as mentioned in the "Guidelines on Indian Agents of
Foreign Suppliers" shall be disclosed by the Bidder(s).
e. The Bidder(s) will, when presenting their bid, disclose any and all payments
made, is committed to or intends to make to agents, brokers or any other
intermediaries in connection with the award of the contract.
f. Bidder(s) who have signed the Integrity Pact shall not approach the Courts
while representing the matter to IEMs and shall wait for their decision in the
matter.
2) The Bidder(s) will not instigate third persons to commit offences outlined
above or be an accessory to such offences.
Section 3 - Disqualification from tender process and exclusion from future
contracts
If the Bidder(s), before award or during execution has committed a
transgression through a violation of Section 2, above or in any other form such
as to put their reliability or credibility in question, the BOB is entitled to disqualify
the Bidder(s) from the tender process or take action as per law in force.
Section 4 - Compensation for Damages
1) If the BOB has disqualified the Bidder(s) from the tender process prior to the
award according to Section 3, the BOB is entitled to demand and recover the
damages equivalent to Earnest Money Deposit/ Bid Security.
2) If the BOB has terminated the contract according to Section 3, or if the BOB is
entitled to terminate the contract according to Section the BOB shall be entitled
to demand and recover from the Bidder liquidated damages of the Contract
value or the amount equivalent to Performance Bank Guarantee.
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Section 5 - Previous transgression
1) The Bidder declares that no previous transgressions occurred in the last three
years with any other Company in any country conforming to the anti-corruption
approach or with any Public Sector Enterprise in India that could justify his
exclusion from the tender process.
2) If the Bidder makes incorrect statement on this subject, he can be disqualified
from the tender process or action can be taken as per the procedure mentioned
in "Guidelines on Banning of business dealings".
Section 6 - Equal treatment of all Bidders / Subcontractors
1) In case of Sub-contracting, the Principal Contractor (Bidder) shall take the
responsibility of the adoption of Integrity Pact by the Sub-contractor.
2) The BOB will enter into agreements with identical conditions as this one with all
Bidders.
3) The BOB will disqualify from the tender process all bidders who do not sign this
Pact or violate its provisions.
Section 7 - Criminal charges against violating Bidder(s)/Subcontractor(s)
If the BOB obtains knowledge of conduct of a Bidder or Subcontractor, or of an
employee or a representative or an associate of a Bidder or Subcontractor
which constitutes corruption, or if the BOB has substantive suspicion in this
regard, the BOB will inform the same to the Chief Vigilance Officer.
Section 8 - Independent External Monitor
1) The BOB has appointed competent and credible Independent External
Monitors (hereinafter referred to as monitors) for this Pact in consultation with
the Central Vigilance Commission. Name: Shri Umesh Kumar (email id:
umeshkumar84@[Link]) and Dr. Sandeep Tripathi (email id
[Link]@[Link]) the task of the Monitors is to review independently
and objectively, whether and to what extent the parties comply with the
obligations under this agreement.
2) The Monitor is not subject to instructions by the representatives of the parties
and performs his/ her functions neutrally and independently. The Monitor would
have access to all Contract documents, whenever required. It will be obligatory
for him / her to treat the information and documents of the Bidders as
confidential.
3) The Bidder(s) accepts that the Monitor has the right to access without restriction
to all Project documentation of the BOB including that provided by the Bidder.
The Bidder will also grant the Monitor, upon his/ her request and demonstration
of a valid interest, unrestricted and unconditional access to their project
documentation. The same is applicable to Sub-contractors.
4) The Monitor is under contractual obligation to treat the information and
documents of the Bidder(s) / Sub-contractor(s) with confidentiality. The Monitor
has also signed 'Non-Disclosure of Confidential Information '. In case of any
conflict of interest arising during the selection period or at a later date, the IEM
shall inform BOB and recuse himself / herself from that case.
5) The BOB will provide to the Monitor sufficient information about all meetings
among the parties related to the Project provided such meetings could have an
impact on the contractual relations between the BOB and the Bidder. The
parties offer to the Monitor the option to participate in such meetings.
6) As soon as the Monitor notices, or believes to notice, a violation of this
agreement, he/ she will so inform the Management of the BOB and request the
Management to discontinue or take corrective action, or to take other relevant
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action. The monitor can in this regard submit non-binding recommendations.
Beyond this, the Monitor has no right to demand from the parties that they act
in a specific manner, refrain from action or tolerate action.
7) The Monitor will submit a written report to the BOB officials within 15 days from
the date of reference or intimation to him by the BOB and, should the occasion
arise, submit proposals for correcting problematic situations.
8) If the Monitor has reported to the BOB , a substantiated suspicion of an offence
under relevant IPC/ PC Act, and the BOB has not, within the reasonable time
taken visible action to proceed against such offence or reported it to the Chief
Vigilance Officer, the Monitor may also transmit this information directly to the
Central Vigilance Commissioner.
9) The word 'Monitor' would include both singular and plural.
Section 9 Facilitation of Investigation
In case of any allegation of violation of any provisions of this Pact or payment
of commission, the BUYER or its agencies shall be entitled to examine all the
documents including the Books of Accounts of the BIDDER and the BIDDER
shall provide necessary information and documents in English and shall extend
all possible help for the purpose of such examination
Section 10 - Pact Duration
This Pact begins when both parties have legally signed it. It expires for the
selected Bidder till the contract period, and for all other Bidders 6 months after
the contract has been awarded. Any violation of the same would entail
disqualification of the bidders and exclusion from future business dealings.
If any claim is made / lodged during this time, the same shall be binding and
continue to be valid despite the lapse of this pact as specified above, unless it
is discharged / determined by BOB.
Section 11 - Other provisions
1) This agreement is subject to Indian Law. Place of performance and jurisdiction
is the Corporate Office of the BOB, i.e. Mumbai.
2) Changes and supplements as well as termination notices need to be made in
writing.
3) If the Bidder is a partnership or a consortium, this agreement must be signed
by all partners or consortium members.
4) Should one or several provisions of this agreement turn out to be invalid, the
remainder of this agreement remains valid. In this case, the parties will strive to
come to an agreement to their original intentions.
5) Issues like scope of work, Warranty / Guarantee etc. shall be outside the
purview of IEMs.
6) In the event of any contradiction between the Integrity Pact and RFP/ RFQ/
tender documents and its Annexures, the Clause in the Integrity Pact will
prevail.

(For & On behalf of the BOB) (For & On behalf of Bidder)

(Office Seal) (Office Seal)

Place--------------
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Date--------------

Witness1:
(Name & Address) _______________________________________

Witness2:
(Name & Address) _____________________________________________

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Annexure 16 – SERVICE LEVEL AND NON DISCLOSURE AGREEMENT FORMAT
This Agreement is made in Mumbai this………. Day of ………….. 20... by and between
BANK OF BARODA, body corporate constituted under the Banking Companies
[Acquisition & Transfer of Undertakings] Act 1970 having its Head Office at Mandvi,
Baroda and Corporate Office at Baroda Corporate Centre, C-26, G-Block,
BandraKurla Complex, Bandra (East), Mumbai- 400051, hereinafter for brevity sake
referred to as “Bank” (which expression shall, unless repugnant to the context or
meaning, include its successors and assigns) of the one Part;
AND
________________________, a company incorporated under the Companies Act
1956/ 2013, India, having its registered office at
_____________________________________________________, hereinafter
referred to as “the Service Provider” (which expression shall, unless repugnant to the
context and meaning thereof include its subsidiaries, affiliates, successors and
permitted assigns) of the other Part,
(Bank and the Service Provider hereinafter are individually referred to as “Party” and
collectively as “Parties”)
WHEREAS
Bank of Baroda is one of the largest public sector banks (PSU) in India with a branch
network of over 8100+ branches in India and 95+ branches/ offices overseas including
branches of our subsidiaries, distributed in 15+ countries. Bank desires to select a
Service Provider for
__________________________________________________________________
(RFP Name).
In response to RFP / Bid no ------------------------- dated --------------------------- issued by
Bank, the Service Provider also submitted its offer and has represented that it is
engaged in the business of Supply, Installation & Maintenance of External Storage
Arrays. It further represented to Bank that it has the requisite skill, knowledge,
experiences, experts, staff and capability to provide required service to Bank. Relying
on representations of Service Provider and other applicable criteria, Service Provider
was declared as a successful bidder in the RFP evaluation process. Accordingly Bank
has issued a -------------------------------------------------------------.
It was a condition in the RFP that the Parties would enter into a Service Level and
Non Disclosure Agreement which shall include all the services and terms and
conditions of the services to be extended as detailed here in.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH AS FOLLOWS
1. DEFINITIONS
(i) Bank, BOB means ‘Bank of Baroda’
(ii) Recipient, Respondent, Bidder, service provider, means the respondent to the
RFP document
(iii) RFP means the Request For Proposal document
(iv) Proposal, Bid means “Response to the RFP Document”
(v) Recipient, Respondent, Vendor, Bidder, SI (System Integrator) means the
respondent to the RFP document
(vi) Support means Support & Services to be provided as part of the Scope of Work
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(vii) SLA means Service level Agreement
(viii) AMC means Annual Maintenance Contract
(ix) MSP means Managed Service Provider of the Bank for Data Centre
(x) Original Platform Developer (OPD)
(xi) Annual Technical Support (ATS)
(xii) Application Programming Interface (API)
(xiii) Banking, Financial services and Insurance (BFSI)
(xiv) Central Vigilance Commission (CVC)
(xv) Customer Relationship Management (CRM)
(xvi) Data Center (DC)
(xvii) Data Recovery (DR)
(xviii) Earnest Money Deposit (EMD)
(xix) One Time Cost (OTC)
(xx) Proof of Concept (POC)
(xxi) Single Person of Contact (SPOC)
(xxii) Original Software Developer (OSD)
(xxiii) Total Cost of Ownership (TCO)
(xxiv) Bill of Material (BOM)

2. TERM
This Agreement shall come into force on ___________ and shall be in force and effect
for a period ----------------, unless Bank terminates the Agreement by giving a prior
written notice of 30 days as per the terms of this Agreement.
3. SCOPE OF SERVICE
The Service Provider agrees to perform the services as part of the scope of this
engagement including but not limited to as mentioned in Schedule I of this Agreement.
BOB reserves its right to change the scope of the services considering the size and
variety of the requirements and the changing business & security conditions
/environment with mutual consent.
4. STANDARDS
All standards to be followed will adhere to Bureau of Indian Standards (BIS)
specifications or other acceptable standards.
5. Code of Ethics
M/s __________, (Vendor/Service Provider/Supplier/ Consultant/Contractor) agrees
to comply with the Bank’s Code of Ethics, available on the Bank’s
website>Shareholder’s Corner> Policies/Codes> Our Code of Ethics, during the
validity period of this agreement/contract
6. Contract Period
(Terms mentioned in the RFP)
7. DELIVERY
(Terms mentioned in the RFP)
8. Transportation and Insurance
(Terms mentioned in the RFP)
9. Pre-shipment Inspections
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(Terms mentioned in the RFP)
10. Project Details Scope of Work
(Terms mentioned in the RFP)
11. Warranty
(Terms mentioned in the RFP)
12. DOCUMENTATION
The Service Provider shall supply all necessary documentation for the training, use
and operation of the system. This will include at least one set of original copies per
installation of the user manuals, reference manuals, operations manuals, and system
management manuals in English/Hindi.
13. SINGLE POINT OF CONTACT & DIRECT SUPPORT
(Please incorporate following details – Name, designation, address, email address,
telephone /mobile No.)
Escalation matrix for support should also be provided with full details.
14. PAYMENT TERMS
(Terms mentioned in the RFP)
15. SET-OFF
Without prejudice to other rights and remedies available to Bank, Bank shall be
entitled to set-off or adjust any amounts due to Bank under this clause from the Service
Provider against payments due and payable by Bank to the Service Provider for the
services rendered.
The provisions of this Clause shall survive the termination of this Agreement.
16. COVENANTS OF THE SERVICE PROVIDER
The Service Provider shall deploy and engage suitably experienced and competent
personnel as may reasonably be required for the performance of the services. During
the currency of this Agreement, the Service Provider shall not substitute the key staff
identified for the services mentioned in this Agreement.
The Service Provider shall forthwith withdraw or bar any of its employee/s from the
provision of the services if, in the opinion of BANK:
(i) The quality of services rendered by the said employee is not in accordance
with the quality specifications stipulated by BANK; or
(ii) The engagement or provision of the services by any particular employee is
prejudicial to the interests of BANK.
All employees engaged by the Service Provider shall be in sole employment of the
Service Provider and the Service Provider shall be solely responsible for their
salaries, wages, statutory payments etc. That under no circumstances shall BANK
be liable for any payment or claim or compensation (including but not limited to
compensation on account of injury/death/termination) of any nature to the employees
and personnel of the Service Provider.
The Service Provider:

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i. shall be responsible for all negotiations with personnel relating to salaries and
benefits, and shall be responsible for assessments and monitoring of
performance and for all disciplinary matters.
ii. shall not knowingly engage any person with a criminal record/conviction and
shall bar any such person from participating directly or indirectly in the provision
of services under this Agreement.
iii. shall at all times use all reasonable efforts to maintain discipline and good order
amongst its personnel.
iv. shall not exercise any lien on any of the assets, documents, instruments or
material belonging to BANK and in the custody of the Service Provider for any
amount due or claimed to be due by the Service Provider from BANK.
v. shall regularly provide updates to BANK with respect to the provision of the
services and shall meet with the personnel designated by BANK to discuss
and review its performance at such intervals as may be agreed between the
Parties.
vi. shall be responsible for compliance of all laws, rules, regulations and
ordinances applicable in respect of its employees, sub-contractors and agents
(including but not limited to code of Wages Act, Provident Fund laws,
Workmen's Compensation Act) and shall establish and maintain all proper
records including, but not limited to, accounting records required by any law,
code, practice or corporate policy applicable to it from time to time, including
records and returns as applicable under labour legislations.
vii. shall not violate any proprietary and intellectual property rights of BANK or any
third party, including without limitation, confidential relationships, patent, trade
secrets, copyright and any other proprietary rights in course of providing
services hereunder.
viii. shall ensure that the quality and standards of materials and services to be
delivered or rendered hereunder, will be of the kind, quality and timeliness as
designated by the BANK and communicated to the Service Provider from time
to time.
ix. shall not work in a manner which, in the reasonable opinion of BANK , may be
detrimental to the interests of BANK and which may adversely affect the role,
duties, functions and obligations of the Service Provider as contemplated by
this Agreement.
x. shall be liable to BANK for any and all losses of any nature whatsoever arisen
directly or indirectly by negligence, dishonest, criminal or fraudulent act of any
of the representatives and employees of the Service Provider while providing
the services to the BANK.
xi. shall itself perform the obligations under this Agreement and shall not assign,
transfer or sub-contract any of its rights and obligations under this Agreement
except with prior written permission of BANK.
17. CONFIDENTIALITY
The Service Provider acknowledges that in the course of performing the obligations
under this Agreement, it shall be exposed to or acquire information of the bank, which
the Service Provider shall treat as confidential.
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a. All BOB’s product and process details, documents, data, applications, software,
systems, papers, statements and business / customer information which may be
communicated to or come to the knowledge of Service Provider or Service Provider’s
employees during the course of discharging their obligations shall be treated as
absolutely confidential and Service Provider irrevocably agrees and undertakes and
ensures that Service Provider and its employees shall keep the same secret and
confidential and not disclose the same, in whole or in part to any third party without
prior written permission of BOB. The Service Provider shall not use or allow to be used
any information other than as may be necessary for the due performance by Service
Provider of its obligations hereunder.
b. Service Provider shall not make or retain any copies or record of any Confidential
Information submitted by BOB other than as may be required for the performance of
Service Provider.
c. Service Provider shall notify BOB promptly of any unauthorized or improper use or
disclosure of the Confidential Information.
d. Service Provider shall return all the Confidential Information that is in its custody,
upon termination / expiry of this Agreement. Also so far as it is practicable Service
Provider shall immediately expunge any Confidential Information relating to the
projects from any computer, word processor or other device in possession or in the
custody and control by Service Provider or its affiliates.
e. Service Provider shall extent practicable, immediately furnish a certificate signed by
its director or other responsible representative confirming that to the best of his/her
knowledge, information and belief, having made all proper enquiries the requirements
of this paragraph have been fully complied with.
f. Service Provider hereby unconditionally agrees and undertakes that it and its
employees shall not disclose the terms and conditions of the engagement Agreement/
Work Order or any other oral or written information which may contain, hold or bear
confidential information or disclose the information submitted by BOB under any other
Agreement to any third party unless such disclosure is mandatorily required by law or
if it is required necessarily to be disclosed to any other agency/subcontractor or the
like for the purpose of performing any of its obligations under the contract.
However the Confidential Information will not be limited to the information mentioned
above but not include the following as Confidential Information:
i. Without breach of these presents, has already become or becomes and/or
hereinafter will become part of the public domain;
ii. Prior to the disclosure by BOB was known to or in the possession of the Service
Provider at the time of disclosure ;
iii. Was disclosed or parted with the prior consent of BOB;
iv. Was acquired by Service Provider from any third party under the conditions such
that it does not know or have reason to know that such third party acquired directly or
indirectly from BOB.
• The Service Provider agrees to take all necessary action to protect the
Confidential Information against misuse, loss, destruction, deletion and/or
alteration. It shall neither misuse or permit misuse directly or indirectly, nor
commercially exploit the Confidential Information for economic or other benefit.
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• In any dispute over whether information or matter is Proprietary Information or
not mentioned herein, it shall be the burden of Service Provider to show that
such contested information or matter is not Proprietary Information within the
meaning of this Agreement, and that it does not constitute violation under any
laws for the time being enforced in India.
Notwithstanding above, bob shall take all the reasonable care to protect all the
confidential information of service provider delivered to BOB while performing of
the services.
The confidentiality obligations shall survive the expiry or termination of the Agreement
between the Service Provider and the Bank.
18. INDEMNITY
The Service Provider shall indemnify the Bank, and shall always keep indemnified and
hold the Bank, its employees, personnel, officers, directors, (hereinafter collectively
referred to as “Personnel”) 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 the Bank as a result of:
• Bank’s authorized / bona fide use of the Deliverables and /or the Services
provided by Service Provider under this Agreement; and/or
• an act or omission of the Service Provider and/or its employees, agents, sub-
contractors in performance of the obligations under this Agreement; and/or
• claims made by employees or subcontractors or subcontractors’ employees,
who are deployed by the Service Provider, against the Bank; and/or
• claims arising out of employment, non-payment of remuneration and non-
provision of statutory benefits by the Service Provider to its employees, its
agents, contractors and sub-contractors
• breach of any of the term of this Agreement or breach of any representation or
false representation or inaccurate statement or assurance or covenant or
warranty of the Service Provider under this Agreement; and/or
• any or all Deliverables or Services infringing any patent, trademarks, copyrights
or such other Intellectual Property Rights; and/or
• breach of confidentiality obligations of the Service Provider contained in this
Agreement; and/or
• Negligence or gross misconduct attributable to the Service Provider or its
employees or sub-contractors.
The Service Provider shall at its own cost and expenses defend or settle at all point of
time any claim against the Bank that the Deliverables and Services delivered or
provided under this Agreement 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, the Bank:
• notifies the Service Provider in writing as soon as practicable when the Bank
becomes aware of the claim; and
• cooperates with the Service Provider in the defense and settlement of the
claims.

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However, (i) the Service Provider has sole control of the defense and all related
settlement negotiations (ii) the Bank provides the Service Provider with the assistance,
information and authority reasonably necessary to perform the above and (iii) the Bank
does not make any statements or comments or representations about the claim
without the prior written consent of the Service Provider, except where the Bank is
required by any authority/regulator to make a comment/statement/representation.
If use of deliverables is prevented by injunction or court order because of any such
claim or deliverables is likely to become subject of any such claim then the Service
Provider, after due inspection and testing and at no additional cost to the Bank, shall
forthwith either 1) replace or modify the software / equipment with software /
equipment which is functionally equivalent and without affecting the functionality in any
manner so as to avoid the infringement; or 2) obtain a license for the Bank to continue
the use of the software / equipment, as required by the Bank as per the terms and
conditions of this Agreement and to meet the service levels; or 3) refund to the Bank
the amount paid for the infringing software / equipment and bear the incremental costs
of procuring a functionally equivalent software / equipment from a third party, provided
the option under the sub clause (3) shall be exercised by the Bank in the event of the
failure of the Service Provider to provide effective remedy under options (1) to (2)
within a reasonable period which would not affect the normal functioning of the Bank.
The Service Provider shall not be liable for defects or non-conformance resulting from:
• Software, hardware, interfacing, or supplies for the solution not approved by
Service Provider; or
• any change, not made by or on behalf of the Service Provider, to some or all of
the deliverables supplied by the Service Provider or modification thereof,
provided the infringement is solely on account of that change ;
Indemnity shall exclude indirect, consequential and incidental damages. However
indemnity would cover damages, loss or liabilities suffered by the Bank arising out of
claims made by customer and / or regulatory authorities for reasons attributable to
breach of obligations under this agreement by the Service Provider.
In the event of Service Provider not fulfilling its obligations under this clause within the
period specified in the notice issued by the Bank, the Bank has the right to recover the
amounts due to it under this provision from any amount payable to the Service Provider
under this project.
The indemnities under this clause are in addition to and without prejudice to the
indemnities given elsewhere in this Agreement.
19. PROPERTY RIGHTS
Each Party owns and retains all rights, title and interests in and to its respective Pre-
Existing Intellectual Property and Independent Intellectual Property. Independent
Intellectual Property means any Intellectual Property developed by a Party
independently of the applicable statement of work. "Pre-Existing Intellectual Property"
means any Intellectual Property owned by a Party, or licensed to such Party (other.
than by the other Party), as at the commencement date of the applicable statement of
work.

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Whereas title to all inventions and discoveries made jointly by the parties resulting
from the Work performed as per this agreement shall reside jointly between the
parties. Both the parties shall mutually decide the future course of action to protect/
commercial use of such joint IPR. The Intellectual Property Rights shall be determined
in accordance with Indian Laws.
Without prejudice to above paras all the interim/ final deliverables shall be property of
bank. Subject to requisite payments the service provider deemed to grand exclusive,
perpetual rights to use of the deliverables in favor of bank.
20. PERFORMANCE GUARANTEE
Service Provider, shall provide unconditional and irrevocable Performance Bank
Guarantee for Rs ---------------------/- (Rupees _____Only) in favour of BOB from any
Public Sector Bank other than Bank of Baroda as acceptable to BOB towards due
performance of the contract in accordance of this Agreement. The Performance
Guarantee shall be valid for a period of ___months with additional claim period of
three months after expiry of validity period.
21. TERMINATION
In following events Bank shall terminate this assignment or cancel any particular order
if service provider:
breaches any of its obligations set forth in this agreement and Such breach is not cured
within 15 ) Working Days after Bank gives written notice; or
• Failure by Service Provider to provide Bank, within 15 ) Working Days, with a
reasonable plan to cure such breach, which is acceptable to the Bank. Or
• The progress regarding execution of the contract/ services rendered by the
Service Provider is not as per the prescribed time line, and found to be
unsatisfactory.
• Supply of substandard materials/ services
• Delay in delivery / installation / commissioning of services.
• Discrepancy in the quality of service / security expected during the
implementation, rollout and subsequent maintenance process.
• If deductions of penalty exceeds more than 10% of the total contract price.
Further Bank may terminate this agreement on happening of following events:
• A liquidator or a receiver is appointed over all or a substantial part of the
undertaking, assets or revenues of the Service Provider and such appointment
continues for a period of twenty one (21) days;
• The Service Provider is subject of an effective resolution for its winding up other
than a voluntary winding up for the purpose of reconstruction or amalgamation.
• The Service Provider becomes insolvent or goes into liquidation voluntarily or
otherwise
• An attachment is levied or continues to be levied for a period of 7 days upon
effects of the Agreement.
• The Service Provider becomes the subject of a court order for its winding up.
Notwithstanding above, in case of change of policy or any unavoidable circumstances
or without any reason Bank reserve the right to terminate this assignment or any
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subsequent agreement and / or any particular order, in whole or in part by giving
Service Provider at least 60 days prior notice in writing.
Effect of termination
If bank terminates or cancels the assignment on the default mentioned in the
termination clause, in such case bob reserves the right to get the balance contract
executed by another party of its choice. In this event, the Service Provider shall be
bound to make good the additional expenditure, which the Bank may have to incur to
carry out bidding process for the selection of a new service provider and for execution
of the balance of the contract.
Immediately upon the date of expiration or termination of the Agreement, Bank shall
have no further obligation to pay any fees for any periods commencing on or after such
date.
Without prejudice to the rights of the Parties, upon termination or expiry of this
Agreement, Bank shall pay to Service Provider, within thirty (30) days of such
termination or expiry, All the undisputed fees outstanding till the date of termination;
Upon the termination or expiry of this Agreement:
• The rights granted to Service Provider shall immediately terminate.
• Upon Bank’s request, with respect to (i) any agreements for maintenance, disaster
recovery services or other third-party services, and any Deliverables not owned by
the Service Provider, being used by Service Provider to provide the Services and
(ii) the assignable agreements, Service Provider shall, use its reasonable
commercial endeavors to transfer or assign such agreements and Service Provider
Equipment to Bank and its designee(s) on commercially reasonable terms mutually
acceptable to both Parties.
• Upon Bank’s request in writing, Service Provider shall be under an obligation to
transfer to Bank or its designee(s) the Deliverables being used by Service Provider
to perform the Services free and clear of all liens, security interests, or other
encumbrances at a value calculated as stated.
22. CORPORATE AUTHORITY
The Parties represent that they have taken all necessary corporate action and sanction
to authorize the execution and consummation of this Agreement and will furnish
satisfactory evidence of same upon request.
23. LAW, JURISDICTION AND DISPUTE RESOLUTION
This Agreement shall be governed and construed and enforced in accordance with the
laws of India. Both Parties shall agree that in respect of any dispute arising upon, over
or in respect of any of the terms of this Agreement, only the courts in Mumbai shall
have exclusive jurisdiction to try and adjudicate such disputes to the exclusion of all
other courts.
ARBITRATION
a) The Bank and the Service Provider shall make every effort to resolve amicably,
by direct informal negotiation between the respective project managers/
directors of the Bank and the Service Provider, any disagreement or dispute
arising between them under or in connection with the contract.

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b) If the Bank project manager/director and Service Provider project manager/
director are unable to resolve the dispute after thirty days from the
commencement of such informal negotiations, they shall immediately escalate
the dispute to the senior authorized personnel designated by the Service
Provider and Bank respectively.
c) If after thirty days from the commencement of such negotiations between the
senior authorized personnel designated by the Service Provider and Bank, the
Bank and the Service Provider have been unable to resolve contractual dispute
amicably, either party may require that the dispute be referred for resolution
through formal arbitration.
d) All questions, disputes or differences arising under and out of, or in connection
with the contract or carrying out of the work whether during the progress of the
work or after the completion and whether before or after the determination,
abandonment or breach of the contract shall be referred to arbitration by a sole
Arbitrator acceptable to both parties OR the number of arbitrators shall be three,
with each side to the dispute being entitled to appoint one arbitrator. The two
arbitrators appointed by the parties shall appoint a third arbitrator shall act as
the chairman of the proceedings.
e) The place of arbitration shall be Mumbai. The Arbitration and Conciliation Act
1996 or any statutory modification thereof shall apply to the arbitration
proceedings
f) The arbitral award shall be in writing, state the reasons for the award, and be
final and binding on the parties. The award may include an award of costs,
including reasonable attorneys’ fees and disbursements. Judgment upon the
award may be entered by any court having jurisdiction thereof or having
jurisdiction over the relevant Party or its assets.
24. AUDIT
All Service Provider records with respect to any matters covered by this Agreement
shall be made available to auditors and or inspecting officials of the Bank and/or
Reserve Bank of India and/or any regulatory authority, at any time during normal
business hours, as often as the Bank deems necessary, to audit, examine, and make
excerpts or transcripts of all relevant data. Said records are subject to examination.
Bank’s auditors would execute confidentiality agreement with the Service Provider
provided that the auditors would be permitted to submit their findings to the Bank,
which would be used by the Bank. The cost of the audit will be borne by the Bank. The
scope of such audit would be limited to Service Levels being covered under the
contract, and financial information would be excluded from such inspection, which will
be subject to the requirements of statutory and regulatory authorities.
The Bank and its authorized representatives, including Reserve Bank of India (RBI) or
any other regulator shall have the right to visit any of the Service Provider’s premises
without prior notice to ensure that data provided by the Bank is not misused. The
Service Provider shall cooperate with the authorized representative/s of the Bank and
shall provide all information/ documents required by the Bank.
25. LIMITATION OF LIABILITY
Except the grounds mentioned under the para two of this clause, Service Provider’s
aggregate liability in connection with obligations undertaken as a part of the
Agreement regardless of the form or nature of the action giving rise to such liability
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(whether in contract, tort or otherwise), shall be at actual and limited to the Total
Contract Value.
However, Service Provider’s liability in case of claims against the Bank resulting from
Willful Misconduct or Gross Negligence of Service Provider, its employees and
Subcontractors or from infringement of patents, trademarks, copyrights or such other
Intellectual Property Rights or breach of confidentiality obligations shall be unlimited.
Bank shall not be held liable for and is absolved of any responsibility or claim / litigation
arising out of the use of any third party software or modules supplied by Service
Provider as part of procurement under the Agreement.
Under no circumstances BOB shall be liable to the Service Provider for direct, indirect,
incidental, consequential, special or exemplary damages arising from termination of
this Agreement, even if BOB has been advised of the possibility of such damages,
such as, but not limited to, loss of revenue or anticipated profits or lost business.
Subject to any law to the contrary, and to the maximum extent permitted by law neither
parties shall be liable to other for any consequential/ incidental, or indirect damages
arising out of this agreement.
All employees engaged by the party shall be in sole employment of the party and the
respective parties shall be solely responsible for their salaries, wages, statutory
payments etc. That under no circumstances shall other party be liable for any payment
or claim or compensation (including but not limited to compensation on account of
injury/death/termination) of any nature to the employees and personnel of the other
party.
26. PUBLICITY
Any publicity by the Service Provider in which the name of the Bank is to be used
should be done only with the explicit written permission of the Bank.
27. INDEPENDENT ARRANGEMENT
This Agreement is on a principal-to-principal basis between the Parties hereto. Nothing
contained in this Agreement shall be construed or deemed to create any association,
partnership or joint venture or employer-employee relationship or principal-agent
relationship in any manner whatsoever between the parties. The Service Provider
acknowledges that its rendering of services is solely within its own control, subject to
the terms and conditions agreed upon and agrees not to hold it out to be an employee,
agent or servant of Bank or Affiliate thereof.
28. SUBCONTRACTING
The Service Provider shall not subcontract or permit anyone other than its personnel
to perform any of the work, service or other performance required by it under the
contract without the prior written consent of the Bank.
29. ASSIGNMENT
The Service Provider agrees that the Service Provider shall not be entitled to assign
any or all of its rights and or obligations under this Agreement to any entity including
Service Provider’s affiliate without the prior written consent of the Bank.

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If the Bank undergoes a merger, amalgamation, takeover, consolidation,
reconstruction, change of ownership, etc., this Agreement along with the subsequent
Addendums published shall be considered to be assigned to the new entity and such
an act shall not affect the obligations of the Service Provider under this Agreement.
30. NON – SOLICITATION

The Service Provider, during the term of the contract shall not without the express
written consent of the Bank, directly or indirectly: a) recruit, hire, appoint or engage or
attempt to recruit, hire, appoint or engage or discuss employment with or otherwise
utilize the services of any person who has been an employee or associate or engaged
in any capacity, by the Bank in rendering services in relation to the contract; or b)
induce any person who shall have been an employee or associate of the Bank at any
time to terminate his/ her relationship with the Bank.

The above clause shall not applicable in case the recruitment done through public
advertisement.

31. VICARIOUS LIABILITY


The Service Provider shall be the principal employer of the employees, agents,
contractors, subcontractors, etc., if any, engaged by the Service Provider and shall be
vicariously liable for all the acts, deeds, matters or things, whether the same is within
the scope of power or outside the scope of power, vested under the contract. No right
of any employment in the Bank shall accrue or arise, by virtue of engagement of
employees, agents, contractors, subcontractors etc., by the Service Provider for any
assignment under the contract. All remuneration, claims, wages dues etc., of such
employees, agents, contractors, subcontractors etc., of the Service Provider shall be
paid by the Service Provider alone and the Bank shall not have any direct or indirect
liability or obligation, to pay any charges, claims or wages of any of the Service
Provider ’s employees, agents, contractors, subcontractors etc. The Service Provider
shall agree to hold the Bank, its successors, assigns and administrators fully
indemnified, and harmless against loss or liability, claims, actions or proceedings, if
any, whatsoever nature that may arise or caused to the Bank through the action of
Service Provider ’s employees, agents, contractors, subcontractors, etc.
32. FORCE MAJEURE
The Service Provider shall not be liable for forfeiture of its performance security,
liquidated damages, penalties or termination for default, if any to the extent that its
delay in performance or other failure to perform its obligations under the contract is
the result of an event of Force Majeure.
For purposes of this Clause, "Force Majeure" means an event explicitly beyond the
reasonable control of the Service Provider and not involving the Service Provider’s
fault or negligence and not foreseeable. Such events are Acts of God or of public
enemy, acts of Government of India in their sovereign capacity, strikes, political
disruptions, bandhs, riots, civil commotions and acts of war.
If a Force Majeure situation arises, the Service Provider shall promptly notify the Bank
in writing of such conditions and the cause thereof within fifteen calendar days. Unless
otherwise directed by the Bank in writing, the Service Provider shall continue to
perform Service Provider’s obligations under this Agreement as far as is reasonably

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practical, and shall seek all reasonable alternative means for performance not
prevented by the Force Majeure event.
In such a case the time for performance shall be extended by a period(s) not less than
duration of such delay. If the duration of delay continues beyond a period of three
months, the Bank and Service Provider shall hold consultations in an endeavor to find
a solution to the problem.
SURVIVAL:
The expiry or the termination of this Agreement does not relieve either party of its
obligations which by their nature ought or intend to survive the termination of this
Agreement including without limitation to the clauses of confidentiality, indemnity,
limitation of liability, and covenants of the parties.
33. MISCELLANEOUS
Any provision of this Agreement may be amended or waived if, and only if such
amendment or waiver is in writing and signed, in the case of an amendment by each
Party, or in the case of a waiver, by the Party against whom the waiver is to be
effective.
No failure or delay by any Party in exercising any right, power or privilege hereunder
shall operate as a waiver thereof nor shall any single or partial exercise of any other
right, power or privilege. The rights and remedies herein provided shall be cumulative
and not exclusive of any rights or remedies provided by law.
Unless otherwise provided herein, all notices or other communications under or in
connection with this Agreement shall be given in writing and may be sent by personal
delivery or post or courier or facsimile to the person at the address given below. Any
such notice or other communication will be deemed to be effective if sent by personal
delivery, when delivered, if sent by post, two days after being deposited in the post
and if sent by courier, one day after being deposited with the courier, and if sent by
facsimile, when sent (on receipt of a confirmation to the correct facsimile number).
The addresses referred to hereinabove are:
If to the Bank of Baroda:
The Chief General Manager (IT)
Baroda Corporate Centre, C-26, G-Block, BandraKurla Complex, Bandra
(East), Mumbai- 400051
ATTN: Assistant General Manager (IT)

If to the … ………………………………..
Address_____________________________
ATTN: _________________________________

This Agreement constitutes the entire agreement between the Parties with respect to
the subject matter hereof and supersedes all prior written agreements, understandings
and negotiations, both written and oral, between the Parties with respect to the subject
matter of this Agreement. No representation, inducement, promise, understanding,
condition or warranty not set forth herein has been made or relied upon by any Party
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hereto. In case of any contradiction in the terms of RFP _______ , offer document and
Purchase Order etc, and this Agreement the terms hereof shall prevail.
Neither this Agreement nor any provision hereof is intended to confer upon any Person
other than the Parties to this Agreement any rights or remedies hereunder.
In connection with this Agreement, as well as all transactions contemplated by this
Agreement, each Party agrees to execute and deliver such additional documents and
to perform such additional actions as may be necessary, appropriate or reasonably
requested to carry out or evidence the transactions contemplated hereby.
The invalidity or unenforceability of any provisions of this Agreement in any jurisdiction
shall not affect the validity, legality or enforceability of the remainder of this Agreement
in such jurisdiction or the validity, legality or enforceability of this Agreement, including
any such provision, in any other jurisdiction, it being intended that all rights and
obligations of the Parties hereunder shall be enforceable to the fullest extent permitted
by law.
The captions herein are included for convenience of reference only and shall be
ignored in the construction or interpretation hereof.
This Agreement may be signed in duplicate, each of which shall be deemed to be an
original.

IN WITNESS WHEREOF, this Agreement has been executed by the Parties hereto
on the day and year first above written.
Signed and Delivered by the within named

For Bank of Baroda For

________________________________ _________________________________

Name: Name:

Designation: Designation:

Witness 1 : Witness 1 :

Witness 2 : Witness 2 :

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