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Bank of Baroda NAC Solution RFP

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0% found this document useful (0 votes)
24 views106 pages

Bank of Baroda NAC Solution RFP

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

Bank of Baroda

Request for Proposal for Supply,


Implementation and Maintenance of
Network Access Control (NAC)
Solution

Bank of Baroda
11th December 2018
RFP Reference: BCC:CISO:110:110:256
[A] Important Dates:

# Particulars Timeline

1 RFP Issuance Date 11th December 2018

2 RFP Coordinator Name, 1. Mr. Ramesh Gurram, Chief Manager


Contact details (Bank) (Information Security)
2. Contact No. - 022-66985791 / 5274
3. Email: [Link]@[Link]
4. Postal Address: The Chief Manager
(Information Security), Bank of Baroda, C-34,
G-Block, BCC, 2nd Floor, BKC, Mumbai –
400051
3 Last date of submission 5:00 PM on 20th December 2018
of any queries and Last
date for reporting any
error, omissions or faults
in the RFP document

4 Pre–bid Meeting date / 3:00 PM on 31st December 2018 at Bank of


venue Baroda, Baroda Corporate Centre, Bandra Kurla
Complex, Mumbai – 400051
5 Last Date of Submission 3:30 PM on 7th January 2019 at Bank of Baroda,
of RFP Response Baroda Sun Tower, Bandra Kurla Complex,
(Closing Date) Mumbai – 400051

6 Eligibility Cum Technical 4:00 PM on 7th January 2019 at Bank of Baroda,


Bid Opening Date Baroda Sun Tower, Bandra Kurla Complex,
Mumbai – 400051

7 Commercial Bid The commercial bids of only those Bidders who


qualify in eligibility and technical evaluation will be
opened. The date for opening of the commercial
bid would be communicated separately to the
technically eligible Bidders.

8 Application Money Rs. 10,000/- (Rupees Ten Thousand only)

9 Bid Security (Earnest Rs. 5,00,000/- (Rupees Five Lakhs Only)


Money Deposit)

Request for Proposal for Supply, Implementation and Maintenance of Network Access Control (NAC) Solution
Bank of Baroda Confidential Page 2 of 106
[B] Important Clarifications:

Following terms are used in the document interchangeably to mean:

1. Bank, BOB means ‘Bank of Baroda’


2. Recipient, Respondent, Vendor, Bidder, SI (System Integrator) 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. Tender means RFP response documents prepared by the Bidder and submitted to
Bank of Baroda
6. DC means Data Center site
7. DR means Data Recovery Site
8. NAC refers to ‘Network Access Control’ Solution
9. OEM means Original Equipment Manufacturer

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 strictly adhere to the instructions given in the document
and maintain confidentiality of information. The Bidders 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 for Supply, Implementation and Maintenance of Network Access Control (NAC) Solution
Bank of Baroda Confidential Page 3 of 106
Table of Content
1. Introduction ........................................................................................................ 7
1.1 Introduction and Disclaimer ................................................................... 7
1.2 Information Provided .............................................................................. 7
1.3 For Respondent Only .............................................................................. 7
1.4 Confidentiality ......................................................................................... 7
1.5 Disclaimer ................................................................................................ 8
1.6 Costs Borne by Respondents ................................................................ 8
1.7 No Legal Relationship ............................................................................. 8
1.8 Recipient Obligation to Inform Itself ...................................................... 8
1.9 Evaluation of Offers ................................................................................ 8
1.10 Errors and Omissions ............................................................................. 9
1.11 Standards ................................................................................................. 9
1.12 Acceptance of Terms .............................................................................. 9
2. RFP Response terms ....................................................................................... 10
2.1 Lodgment of RFP Response ................................................................ 10
2.2 Registration of RFP Response ............................................................. 10
2.3 Late RFP Policy ..................................................................................... 10
2.4 RFP Validity period ............................................................................... 11
2.5 Contract period ...................................................................................... 11
2.6 Requests for Information ...................................................................... 11
2.7 Notification............................................................................................. 12
2.8 Disqualification ...................................................................................... 12
2.9 Language of Tender .............................................................................. 12
2.10 Formats of Bids ..................................................................................... 12
2.11 Timeframe .............................................................................................. 12
2.12 RFP Response Submission Details ..................................................... 12
2.13 Earnest Money Deposit ......................................................................... 15
2.14 Commercial Bid ..................................................................................... 16
3. Project Details .................................................................................................. 17
3.1 Introduction and Project Overview ...................................................... 17
3.2 Purpose .................................................................................................. 17
3.3 Project Scope ........................................................................................ 17
3.4 Proof of Concept (POC) for NAC solution ........................................... 21
3.5 Hardware Sizing .................................................................................... 21

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Bank of Baroda Confidential Page 4 of 106
3.6 Project Timelines ................................................................................... 21
3.7 Support and Maintenance..................................................................... 22
3.8 Service Levels and Uptime Guarantee. ............................................... 24
4. Evaluation process .......................................................................................... 25
4.1 Eligibility Bid .......................................................................................... 25
4.2 Evaluation Methodology for Eligible Bidder ....................................... 25
5. Terms & Conditions ......................................................................................... 29
5.1 General ................................................................................................... 29
5.2 Bid Security and Performance Guarantee ........................................... 34
5.3 Others ..................................................................................................... 35
5.4 Other RFP Requirements ...................................................................... 38
5.5 Terms of Reference ............................................................................... 40
6. General Terms and Conditions ....................................................................... 45
6.1 Dispute Resolution ................................................................................ 45
6.2 Governing Laws .................................................................................... 45
6.3 Notices and other Communication ...................................................... 45
6.4 Force Majeure ........................................................................................ 46
6.5 Assignment ............................................................................................ 46
6.6 Waiver..................................................................................................... 46
6.7 Confidentiality ....................................................................................... 47
6.8 Termination ............................................................................................ 50
6.9 Publicity ................................................................................................. 51
6.10 Solicitation of Employees ..................................................................... 51
6.11 Inspection of Records ........................................................................... 52
6.12 Visitorial Rights ..................................................................................... 52
6.13 Compliance with Laws .......................................................................... 52
6.14 Order Cancellation ................................................................................ 53
6.15 Indemnity ............................................................................................... 53
6.16 Corrupt and Fraudulent Practices ....................................................... 55
6.17 Violation of Terms ................................................................................. 55
6.18 Transportation and Insurance .............................................................. 55
6.19 Authorized Signatory ............................................................................ 56
6.20 Service Level Agreement and Non-Disclosure Agreement ............... 56
6.21 Right to Reject Bids .............................................................................. 56
6.22 Limitation of Liability ............................................................................ 56
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6.23 Ownership, Grant and delivery ............................................................ 57
6.24 Team Lead Interchange ........................................................................ 59
6.25 Grievance Redressal ............................................................................. 59
7. Disclaimer ......................................................................................................... 60
Annexure 01 - Bid - Table of Contents ................................................................. 61
Annexure 02 - Eligibility Criteria ........................................................................... 63
Annexure 03 - Bid Security Letter ......................................................................... 66
Annexure 04 - Bid Security Form .......................................................................... 68
Annexure 05 – Undertaking ................................................................................... 70
Annexure 06 - Comments Format ......................................................................... 72
Annexure 07 – Conformity with Hardcopy Letter ................................................ 73
Annexure 08 –Conformity Letter ........................................................................... 74
Annexure 09 –Letter of Undertaking from OSD / OEM ........................................ 75
Annexure 10–Undertaking of Information Security ............................................. 76
Annexure 11 - Technical Requirement – NAC Solution ...................................... 77
Annexure 12 - Service Levels ................................................................................ 90
Annexure 13 -Performance Guarantee ................................................................. 91
Annexure 14-Bank Guarantee for early release of retention money.................. 94
Annexure 15 – Commercial Bid Format ............................................................... 97
Annexure 16 – Sizing for NAC Solution ............................................................... 99
Annexure 17 – Integrity Pact ............................................................................... 100

Request for Proposal for Supply, Implementation and Maintenance of Network Access Control (NAC) Solution
Bank of Baroda Confidential Page 6 of 106
1. Introduction
1.1 Introduction and Disclaimer
This Request for Proposal (RFP) document has been prepared solely for the purpose
of enabling Bank of Baroda (“the Bank”) to select a Vendor for Supply, Implementation
and Maintenance of Network Access Control Solution. The RFP document is not
recommendation, offer or invitation to enter into a contract, agreement or any other
arrangement, in respect of the services. The provision of the services is subject to
observance of selection process and appropriate documentation being agreed
between the Bank and any successful Bidder as identified by the Bank, after
completion of the selection process as detailed in this document.

1.2 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. Neither the Bank nor any of its directors, officers, employees, agents,
representative, contractors, or advisers has carried out or will carry out an independent
audit or verification or investigation or due diligence exercise in relation to the contents
of any part of the RFP document.

1.3 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”) i.e. Government Organization / Public
Sector Undertakings (PSU) / Limited Company or a partnership firm and no other
person or organization.

1.4 Confidentiality
The RFP document is confidential and is not to be disclosed, reproduced, transmitted,
or made available by the Recipient to any other person. The RFP document is provided
to the Recipient on the basis of the undertaking of confidentiality given by the Recipient
to the Bank. The Bank may update or revise the RFP document or any part of it. The
Recipient accepts that any such revised or amended document will be subject to the
same confidentiality undertaking.

The Recipient will not disclose or discuss the contents of the RFP document with any
officer, employee, consultant, director, agent, or other person associated or affiliated
in any way with the Bank or any of its customers or suppliers without the prior written

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Bank of Baroda Confidential Page 7 of 106
consent of the Bank.

1.5 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
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.

1.6 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.

1.7 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.

1.8 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.

1.9 Evaluation of Offers


Each Recipient acknowledges and accepts that the Bank may, in its sole and absolute
discretion, apply whatever criteria it deems appropriate in the selection of Bidder, not
limited to those selection criteria set out in this RFP document.

The issuance of RFP document is merely an invitation to offer and must not be
construed as any agreement or contract or arrangement nor would it be construed as
any investigation or review carried out by a Recipient. The Recipient unconditionally
acknowledges by submitting its response to this RFP document that it has not relied

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Bank of Baroda Confidential Page 8 of 106
on any idea, information, statement, representation, or warranty given in this RFP
document.

1.10 Errors and Omissions


Each Recipient should notify the Bank of any error, fault, omission, or discrepancy
found in this RFP document but not later than last date of receiving clarifications as
specified in Section 2.6.

1.11 Standards
All standards to be followed will adhere to Bureau of Indian Standards (BIS)
specifications or other acceptable standards.

1.12 Acceptance of Terms


A Recipient will, by responding to the Bank’s RFP document, be deemed to have
accepted the terms as stated in this RFP document.

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Bank of Baroda Confidential Page 9 of 106
2. RFP Response terms
2.1 Lodgment of RFP Response
2.1.1 Application Money
Application Money as mentioned in “[A] Important Dates –Application Money” by
way of Bankers Cheque/Demand Draft/Pay Order Favoring Bank of Baroda, payable
at Mumbai, which is non-refundable, must be submitted separately along with RFP
response. The Bank may, at its discretion, reject any Bidder where application money
has not been furnished with RFP response.

2.1.2 RFP Closing Date


RFP Response should be received by the officials as indicated in “[A] Important
Dates – Last Date of Submission of RFP Response (Closing Date)” as per the
details given in this Section.

2.2 Registration of RFP Response


Registration of RFP response will be affected by the Bank by making an entry in a
separate register kept for the purpose upon the Bank receiving the RFP response in
the above manner. The registration must contain all documents, information, and
details required by this RFP. If the submission to this RFP does not include all the
documents and information required or is incomplete or submission is through Fax
mode, the RFP is liable to be summarily rejected.

All submissions, including any accompanying documents, will become the property of
the Bank. The Recipient 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 Recipients who have
registered a submission and to disclose and/or use the contents of the submission as
the basis for any resulting RFP process, notwithstanding any copyright or other
intellectual property right of the Recipient that may subsist in the submission or
accompanying documents.

2.3 Late RFP Policy


RFP responses received after the deadline for lodgment of RFPs may be registered
by the Bank and may be considered and evaluated by the evaluation team at the
absolute discretion of the Bank. Respondents are to provide detailed evidence to
substantiate the reasons for a late RFP submission. 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.

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2.4 RFP Validity period
RFP responses must remain valid and open for evaluation according to their terms for
a period of at least 180 days from the RFP opening date. The Bank shall have the right
at its sole and absolute discretion to continue the assignment/contract on the selected
Bidder for future requirement for various items/activities as described in the RFP after
expiry of current assignment period.

2.5 Contract period


The Contract with the selected Bidder will be valid for a period of 5 years. 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 the Bidder.

2.6 Requests for Information


Recipients are required to direct all communications for any clarification related to this
RFP to RFP Coordinator.

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. All queries / clarifications requested
must be addressed in the format as per Annexure 06 – Comments Format only.

The Respondent must communicate the same in writing on or before last date of
receiving request for clarification as per details given in RFP. The Bank will try to reply,
without any obligation in respect thereof, every reasonable query raised by the
Respondents in the manner specified. However, the Bank will not answer any
communication initiated by the Respondents later than date given in “[A] Important
Dates–Last Date of Written Request for Clarifications Before the Pre-bid
Meeting”

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 closes and all
such information and material provided must be taken to form part of that
Respondent’s response.

Respondents should invariably provide details of their email address (es) 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.

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
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Bank of Baroda Confidential Page 11 of 106
to improve or clarify any response.

2.7 Notification
The Bank will notify the Respondents in writing as soon as practicable after completion
of the RFP Evaluation, 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.

2.8 Disqualification
Any form of canvassing/lobbying/influence/query regarding short listing, status etc. will
be a disqualification.

2.9 Language of Tender


The Tender prepared by the Bidder, as well as all correspondence and documents
relating to the Tender exchanged by the Bidder and the Bank and supporting
documents and printed literature shall be in English language only.

2.10 Formats of Bids


The Bidders should use the formats prescribed by the Bank in the tender for submitting
both technical and commercial bids.

The Bank reserves the right to ascertain information from the banks and other
institutions to which the Bidders have rendered their services for execution of similar
projects.

2.11 Timeframe
The timeframe provided in point “[A] Important Dates” above is for the overall
selection process. The Bank reserves the right to vary this timeframe at its absolute
and sole discretion and without providing any notice/intimation or reasons thereof.
Changes to the timeframe will be relayed to the affected Respondents during the
process. The time schedule will be strictly followed. Interested parties are expected to
adhere to these timelines. However, the Bank reserves the right to change the
aforementioned timelines.

2.12 RFP Response Submission Details


Eligibility Cum Technical and Commercial bids shall be submitted in separate sealed
sub-envelopes super scribing:
a) “ELIGIBILITY CUM TECHNICAL BID FOR BANK OF BARODA – RFP FOR
SUPPLY, IMPLEMENTATION AND MAINTENANCE OF NETWORK ACCESS
CONTROL (NAC) SOLUTION – TENDER REFERENCE NO. …….. SUBMITTED
BY ………. ON ……….. AT MUMBAI, DUE DATE ……
BIDDER DETAILS:
NAME ……………, EMAIL ADDRESS …………, CONTACT NUMBER ………” on
the top of the sub-envelope containing the eligibility cum technical bid. The
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Bank of Baroda Confidential Page 12 of 106
envelope should also have the Application Money Demand Draft / Banker’s
Cheque as per 2.1.1 and the as per 2.13. This sub-envelope should have hard
copy and CD of Eligibility and Technical Bid Content.
b) “COMMERCIAL BID FOR BANK OF BARODA – RFP FOR SUPPLY,
IMPLEMENTATION AND MAINTENANCE OF NETWORK ACCESS CONTROL
(NAC) SOLUTION - SUBMITTED BY ……………. ON ……….. AT MUMBAI, DUE
DATE …………” on the top of the sub-envelope containing the Commercial Bid.
This sub-envelope should have the hard copy and CD for Commercial Bid.
These two separate sealed sub-envelopes should be put together in another sealed
master envelope super scribing “BID FOR BANK OF BARODA – RFP FOR
SUPPLY, IMPLEMENTATION AND MAINTENANCE OF NETWORK ACCESS
CONTROL (NAC) SOLUTION - TENDER REFERENCE NO. ……….. SUBMITTED
BY ……………. ON ……….. AT MUMBAI, DUE DATE …………”
The RFP response document should be submitted to the Bank in duplicate in
paper copies i.e. two sets of envelope (One containing original and the other
having the duplicate set) clearly mentioning ORIGINAL/DUPLICATE in each
envelope set
Eligibility Cum Technical Bid
Annexure 01 – Eligibility & Technical Bid - Table of Contents (list of document
enclosed)
Covering letter certifying eligibility criteria compliance (Eligibility criteria as defined
in Annexure 02)
Annexure 02 - Duly filled up Eligibility Criteria Compliance. Supporting credential
letters or copies of documentation from clients or purchase order copies certifying
eligibility criteria compliance.
Application Money, Bid Security money (Earnest Money deposit) and Bid Security
Letter as per Annexure [Link] RFP response without accompanying the Demand
Draft/Banker’s Cheque/Bank Guarantee towards Application Money / Bid Security
are liable to be rejected
Annexure 04 - Bid Security Undertaking (if Earnest Money deposit in the form of a
bank guarantee)
Annexure 05 - Undertaking from the Bidder
Annexure 07 - Conformity with Hardcopy letter
Annexure 08 - Conformity Letter
Executive Technical Summary:
The Executive Summary should be limited to a maximum of five pages and should
summarize the content of the response. The Executive Summary should initially
provide i) An overview of Bidder's organization and position with regards to Supply,
Implementation and Maintenance of NAC Solution ii) A summary of the Bidder's
services related to the proposal that will be provided as a part of this procurement
iii) Brief description of the unique qualifications of the Bidder iv) A summary on
capabilities such as resources and past experience of providing such solution v)
Response to the technical requirements in Annexure 11 explaining the technical
specifications wherever required. Information provided in the Executive Summary

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Bank of Baroda Confidential Page 13 of 106
is to be presented in a clear and concise manner.
Technical Proposal: The proposal based on Technical requirement as per
Annexure 11 should be submitted with pages properly numbered, each page
signed and stamped. The Technical Proposal should be bound in such a way that
the sections of the Proposal cannot be removed and separated easily.
Copy of the tender document along with the addendum duly putting the seal and
signature on all the pages of the document for having noted contents and testifying
conformance of the terms and conditions.
Annexure 09 – Letter of Undertaking from OSD / OEM
Annexure 10 – Undertaking on Information Security
Annexure 15 – Commercial Bid (Masked)
Annexure 17 – Integrity Pact
One Compact Disk (CD) containing the soft copy of the Annexures and the
scanned copies of submitted credential letters / Purchase orders / supporting
documents.

Commercial Bid
Covering letter on submission of Commercial bid
Annexure 15 - Commercial Bid
Annexure 07 - Conformity with Hardcopy letter
One Compact Disk (CD) containing the soft copy of Commercial Bid should be
provided.

IMPORTANT POINTS TO BE NOTED


a) The sealed bid envelopes with sub-envelopes should be delivered to the RFP
Coordinator at the postal address mentioned in point “[A] Important Dates – RFP
Coordinator Name, Contact Details (Bank)”. The Bank has established a RFP
coordinator to provide a venue for managing Bidder relationship and other
requirements through the Bank’s decision making body for clarification. All the
queries and communication must be addressed to the RFP coordinator / contact
personnel from the Bank.
b) The RFP response documents should be submitted to the Bank in duplicate in
paper copies i.e. two sets of envelope (One containing original and the other having
the duplicate set).All envelopes should be securely sealed and stamped. Any
discrepancy between the original & duplicate, the original document will prevail.
c) If any envelope is found to contain technical and commercial bid in a single sub-
envelope or commercials are provided along with the technical bid, then that offer
will be rejected outright.
d) The proposal should be prepared in English in MS Word / Excel / PowerPoint
format.
e) All letters must be addressed to the following:

Request for Proposal for Supply, Implementation and Maintenance of Network Access Control (NAC) Solution
Bank of Baroda Confidential Page 14 of 106
Chief Information Security Officer,
Bank of Baroda, Baroda Corporate Centre,
C-26, G-Block, BKC, Mumbai-51

f) Only one submission of response to RFP by each Respondent will be permitted.


g) All responses would be deemed to be irrevocable offers / proposals from the
Respondent and may if accepted by the Bank form part of the final contract
between the Bank and selected Respondent.
h) The response should be organized and all the pages of the proposal including
annexure and documentary proofs should be numbered and be signed by the
authorized signatory.
i) Unsigned responses would be treated as incomplete and are liable to be rejected.

2.13 Earnest Money Deposit


The Bidders will have to submit the Earnest Money Deposit (EMD – Bid Security) while
submitting their bid at the rate stipulated by the bank in point “[A] Important Dates –
Bid Security (Earnest Money Deposit)”. The earnest money deposit is required to
protect the Bank against the risk of Bidder’s conduct.

The Earnest Money Deposit shall be denominated in the Indian Rupees only and shall
be in the form of a Demand Draft favoring “Bank of Baroda” payable at BKC, Mumbai
or a bank guarantee of an equal amount issued by a Commercial Bank located in India
(other than Bank of Baroda), which is valid for 8 months, in the form provided in the
RFP (Annexure 04 - Bid Security Form). Any bid not secured in accordance with the
above will be rejected by Bank of Baroda as non-responsive.

The earnest money deposit of a Bidder may be forfeited or the bank guarantee in lieu
of EMD may be invoked by the Bank if the Bidder withdraws its bid during the bid
validity period.

Unsuccessful Bidder’s - Earnest money deposit or bank guarantee will be returned


by the Bank within two weeks from closure of the RFP. No interest shall be paid on
earnest money deposit to unsuccessful Bidders.

Successful Bidder – Earnest money deposit or bank guarantee will be discharged


upon the Bidder furnishing the performance guarantee. The EMD of the successful
Bidder may be forfeited or the bank guarantee in lieu of EMD may be invoked by the
Bank if the Bidder fails to furnish performance guarantee within 30 days from the date
of Bank placing the order for any reason whatsoever and / or the Bidder refuses to
accept and sign the contract within 1 month of issue of contract order / letter of intent
for any reason whatsoever.

MSEs (Micro and Small Enterprise (MSE) are exempted from paying the application
money and Earnest Money deposit amount for which the concerned enterprise needs
to provide necessary documentary evidence. For MSEs Government of India
provisions shall be considered while evaluating the tender.
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2.14 Commercial Bid
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. The prices quoted by the Bidders shall be all inclusive, that is, inclusive
of all taxes, duties, levies etc. except Goods & Service Tax and Octroi /entry tax
(wherever applicable) will be paid extra. The Goods & Services tax would be paid by
the Bank at actuals. Octroi /entry tax will be paid on actual on production of original
receipt.

The suggested format for submission of Commercial offer is mentioned in Annexure


15. 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.

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3. Project Details
3.1 Introduction and Project Overview
Bank of Baroda is one of the largest public sector bank (PSU) in India with a branch
network of over 5300+ branches in India and 100+ branches/offices overseas
including branches of our subsidiaries, distributed in 24 countries.
Bank of Baroda is floating the RFP to select a Bidder to Supply, Implementation and
Maintenance of Network Access Control (NAC) Solution to effectively manage, control
and secure its network infrastructure.

3.2 Purpose
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 bid document, hereinafter called RFP, to eligible Bidders, hereafter called as
‘Bidders / Bidders’, to participate in the competitive bidding for entering into a Contract
with the selected Bidder Supply, Implementation and Maintenance of NAC Solution.
The Bank, for this purpose, invites proposal from Bidders who are interested in
participating in this RFP who fulfill the eligibility criteria mentioned under Annexure 02
and are also in a position to comply with the technical requirement for Supply,
Implementation and Maintenance of NAC Solution mentioned in Annexure 11. The
participating Bidder must agree all our terms & conditions mentioned under this RFP.

3.3 Project Scope


Bank intends to implement Network Access Control Solution to enforce policies on
devices that access Bank’s network to increase network visibility and mitigate risk.
Scope includes supply, implement and manage NAC Solution based upon the
requirement of the Bank as mentioned in the RFP.

3.3.1 Functional Principles:-


The Intent for implementing NAC Solution at the Bank is covered in the below
functional principles:

 Dedicated policy management to define and administer security configuration


requirements, and specify the access control actions for compliant and
noncompliant endpoints
 Ability to conduct a security state baseline for any endpoint attempting to
connect and determine the suitable level of access
 Access control so we can block, quarantine or grant varying degrees of
access.
 The ability to manage guest access.
 A profiling engine to discover, identify and monitor endpoints
 Integration with other security applications and components like SIEM, etc.

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3.3.2 General Scope of Work:-

The selected service bidder is required to supply, implement and provide maintenance
of NAC Solution for Bank’s IT Infrastructure for a period of five years.

For the purpose of implementation following should be noted:

 Bidder shall propose NAC solution on CAPEX Model.


 Bidder should supply complete services in terms of NAC Solution which
includes implementation, integration, management, maintenance, support,
audit compliance and knowledge transfer.
 Compliance of various standards like ISO 27001:2013, PCI DSS, ISO 22301,
COBIT5, MAS etc., should be ensured by the Bidder.
 The bidder would be responsible for replacing and upgrading the out-of-
support, out-of-service, end-of-life, undersized, infrastructure elements at no
extra cost to the bank during the entire contact period of 5 Years. Replacement
to be done before due of date of the product/service.
 Adherence to agreed Service Level Agreements (SLA) and periodic monitoring
and reporting of the same to the bank.
 The Solution should be designed and deployed in the Bank’s entire IT
infrastructure. The Cloud based solutions should not be proposed under this
RFP.
 The solution deployment should be compliant with Bank’s IS, IT and Cyber
policies, internal guidelines, regulatory requirements and country wide
regulations and laws from time to time.
 The solutions should be able to integrate various log types and logging options
into SIEM, with Active Directory for user authentication, with HP Service
Manager or any other ticketing tool for ticketing/workflow/case management,
unstructured data/big data, reporting/dashboard, use cases/rule design
(customized based on risk and compliance requirements/drivers, etc.), etc.
 The Proposed Solution should be in adherence to the guidelines provided in
the RBI cyber security circular no RBI/2015-16/418 dated 2nd June 2016.

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3.3.3 Scope of Work for NAC Solution:-

 Onsite Installation and implementation of the solution at DC (Mumbai) and DR


(Hyderabad).
 Vendor`s expert team will be onsite till complete installation, implementation
and project signoff.
 A solution must not be a "point of failure" in network traffic flow; the failure of
one or more components of the solution should not affect the organizational
network’s functionality .i.e. Solution should work in offline Mode /SPAN/ Mirror
Traffic.
 Solution shall monitor, detect, alert, report and provide remediation,
recommendation for any unauthorized access using SPAN or mirror traffic.
 Solution shall use agentless approach for detection of unauthorized access via
network activities analysis from the endpoints.
 Solution should support all the industry standard protocols for detection.
 Solution should have centralized architecture with web or GUI based dashboard
console to monitor, reporting, notification, maintaining and policy push for the
registered users centrally.
 Solution shall support remote access capabilities on its management interface
via HTTPS or SSH access
 Solution shall support role-based administration such as Administrator,
Database Reader and Read-only access users.
 Solution shall provide forensic evidence on any unauthorized access activity
within the network as follow: Event timestamp, network events in sequence,
packet capture of suspicious communication, malware behaviors, malware
type, severity, source and destination of attack.
 The proposed solution should support to monitor traffic from multiple segments
like WAN, DMZ, Server Farm, Wi-Fi network, MPLS links etc. simultaneously
on a single appliance.
 Solution should have built in capabilities to add exceptions for detections
 Solution should have built in various reports and can create custom reports like
Executive report, detection life cycle report, End Point Compliance Report, Top
10 reports for various category and Health reports etc.
 Solution should provide reports with (but not limited to) HTML/CSV/PDF/Excel
formats
 Solution should be able to schedule reports and also provide the flexibility to

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generate on-demand reports in daily/weekly/monthly/yearly or specific range
(by day and time)
 Solution shall support NTP server time synchronization.
 Licenses should be considered based on registered asset to console at any
given point of time if applicable.
 The bidder should have back to back arrangement with the OEM so that bank
will be able to log a call with the OEM directly.
 The bidder should have a 24x7 365 days support contact center in order to log
the calls. The contact center numbers should be provided to the Bank along
with the escalation matrix mentioning the contact person’s name, number and
designation in the company.
 Technical support shall be for 5 (Five) years. (from deployment day till end of
5th year)
 The selected bidder has to supply, install and configure the hardware and
software provided as per the timelines and SLA levels prescribed in the RFP.
 The solution should be capable of being bypassed in the event of any failure of
the solution.

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3.4 Proof of Concept (POC) for NAC solution
Bank may ask the bidder, if required, for Proof of Concept (POC) of the NAC Solution.
Integrated POC will be based on the following conditions:

i) POC will be carried out at SI/OEM premises during technical evaluation


process.
ii) All and any cost associated with demonstrating the Integrated POC (including
provision of Servers, technical resources, travel cost, boarding cost, etc.) will
be to the account of the Bidder and bank will not bear any cost.
iii) Bank reserve its right to extend / shorten the period of POC where needed.
iv) Bidders who have failed in the Integrated POC will automatically stand
disqualified technically.

3.5 Hardware Sizing


The Vendor needs to size, design, procure, commission, and maintain the hardware
and related software. For the purpose of sizing, please refer to the Annexure - 16

3.6 Project Timelines


Bidders are requested to keep the following timelines in regard to the implementation
of NAC solution:
Phase I -
Complete installation, configuration and deployment of NAC solution at DC and DR.
Integration of all end-points (servers, desktops, network devices, etc.) at DC and DR.
This should be completed within -1- month of issuance of the purchase order. Product
warranty will start after successful completion of phase I.
Phase II -
All other end-points (desktops, network devices, ATMs etc.) at Branch, Regional
Office, Zonal Office, Foreign Territories, RRBs, Subsidiaries, etc. where network is
governed by DC Team, etc. within -3- months of issuance of the purchase order.
Bidders are requested to add any number of phases in the timeline and present it
during the presentation, if required.

Timelines
Phase
M0 M1 M2 M3 M4+
Planning
Design
Installation and Configuration
Integration with existing
solutions SIEM, AD, PIM,
HPSM, etc.
Optimization, if any
Rollout / Deployment
Deployment Validation & Sign-
off from Bank
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3.7 Support and Maintenance
Support –Terms and Conditions: System Maintenance & Support services will include
the following activities.

The vendor is required to deploy NAC solution & execute support services with the
Bank covering all terms and conditions of this tender.

System Maintenance & Support services will include the following activities:

a) 24 x 7 online support
b) Issue resolution / telephonic support
c) Issue resolution / Onsite Visits

All support by SI/OEM has to be provided onsite. Remote access will not be allowed
though any remote desktop sharing applications.

System Maintenance and Support services also includes:

 The maintenance support should be (24x7 365days) including product (major


or minor) upgrades and updates. The support should be for unlimited requests.
It may be provided on Email / Telephone /Onsite.
 Direct OEM Service and support should be covered under with dedicated TAM
(Technical Account Manager) and onsite support, as and when required.
 The vendor will ensure that the stipulated Support and maintenance facilities
on the hardware / software/Solution will be available for a minimum period of 5
years.
 The proposed product (hardware, software, etc.) should not be under “End of
Sale” for the next three years and the proposed product should not be under
“End of Shelf Life” (EOSL) in the next three years.
 If product goes EOSL within contract period of five years, support and upgrade
to new version of hardware/software shall be provided by the bidder to the Bank
without any additional cost.
 If Bank selects the proposed product and even after the contract period is over,
the bidder should provide support for period as decided by the Bank at mutually
agreed rates.

Log Retention
All Log (raw or Normalized) data must remain within the Bank's Data Center. Under
no circumstances these data must travel outside Bank's environment. Further Bidder
must follow the best practices for all compliances related to data and it’s security.
Bidder will be responsible to store logs in industry standard solution and format.

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Bidder shall propose solution that should be capable of retrieving the archived logs for
analysis, correlation and reporting and forensic purposes.
Log retention period must be as mentioned below;
 Six Month – Online
After the online log retention period, logs must be pushed to centralized solutions like
Syslog server, SIEM Solution, etc. as decided by the Bank for archival purpose.

Bidder must ensure that once the logs are written to the disk/ database no one
including database / system administrator should be able to modify or delete the stored
raw logs.

NAC Solution Services and Frequency of Delivery

Device Management
Activity Detail Frequency of Delivery
System Hardening As and when required
Update/Upgrade/Patching As and when required
Backup/Restore As per the policy defined by Bank
Configuration Management As and when required
Configuration Review and Performance Tuning Quarterly or As and when required

Change Management As and when required


Access Management Continuous
NAC Manual /SOP Preparation and Review During Implementation of NAC
Solution (Baseline Manual), Half Yearly
Review.
Security Device Problem Management As and when required
DR Drill of NAC Solution As and when requested by client
Security Inventory Management Continuous
License & AMC Management Continuous
OEM/SI Liasoning for technical support As and when required

Custom policies As and when required


Integration with IT / IS infrastructure As and when required
(Existing/Future)
Monitoring policies Continuous
Custom Reports As and when required
OEM/SI Coordination for Support As and when required

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Resource Allocation
Resource allocation and responsibilities will be decided with mutual agreement with
the Bank for the assignment.

If Bidder feels additional number of resource required beyond the minimum ratio to
meet the SLA terms, bidder can propose additional resources. However, bidder has
to mention these numbers in the proposal and the cost mentioned will be part of TCO.
If bidder requires to put additional resources beyond the resources mentioned in
proposal to meet SLA it will be at cost of Bidder.

3.8 Service Levels and Uptime Guarantee.


The Bidder is expected to complete the responsibilities that have been assigned as
per implementation timelines. The Failure to meet the agreed timelines / Service levels
will attract penalties.

The Bidder is required to adhere to the service level agreements as mentioned in


Annexure 12.

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4. Evaluation process
A two bid system is adopted for selection of the vendor:

 Stage 1 –Eligibility Bid evaluation


 Stage 2 - Evaluation methodology for eligible bidders
 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.

4.1 Eligibility Bid


Eligibility criterion for the Vendor to qualify this stage is clearly mentioned in Annexure
02 – Eligibility Criterion Compliance to this document. The vendor would need to
provide supporting documents as part of the eligibility proof.

4.2 Evaluation Methodology for Eligible Bidder


After qualifying the eligibility criteria, the evaluation will be a three stage process. The
stages are:

 Technical Bid Evaluation


 Commercial Bid Evaluation
 Weighted evaluation
The technical evaluation and the commercial evaluation shall have the weightage of
70% and 30% respectively and this weightage shall be considered for arriving at the
successful bidder. The evaluation methodology vis-à-vis the weight-ages are as under:

o Technical Bid Evaluation


The Technical Proposal will be evaluated for technical suitability and the criteria for
evaluation of technical bids are as under:

Criteria Evaluation Parameters Sub


Scores
The number of For each Implementation (2.5 marks each for Max 4
Implementations implementation) 10
completed/under
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Criteria Evaluation Parameters Sub
Scores
implementation in
BFSI/ Govt Sector
(In the last 3 years)
**
Presentation cum Evaluation on the following Parameters
interview Parameters Max Marks
Quality of Presentation 5 10
Scalability – Future 5

Technical Criteria Demonstration of in-depth understanding of the Bank


compliance as per project requirements through the submitted technical
Technical proposal. The Technical / Functional features as
Specification ## mentioned in Other Technical Requirements as per 80
Annexure 11.

If required, Bank may ask for POC at SI/OEM premises.


TOTAL MARKS 100

** Copies of Work order / client reference to be provided. Credentials and other


evaluation criteria will be computed as of RFP Date
## The total score of all technical requirements mentioned in “Other Technical Requirements”
of Annexure 11 is 480. For technical bid evaluation, this score will be converted to base 80 by
dividing the total of scores obtained by each bidder by 6. The resulting marks of bidder will be
taken upto 2 decimal places.
Example is mentioned below:

Total Score Score Scaled Scaled Implementatio Presentation Total Marks


as per Obtained Total Score n Marks (for 2 Marks Obtained
Annexure by Bidder Score Obtained implementatio
11 (A) (B) (A/8) (B/8) n)

480 400 80 66.66 5 7 78.66

The vendor needs to achieve the following in the technical evaluation stage to be
qualified for commercial bid opening:

a) Mandatory technical requirements must be achieved as mentioned in Annexure


11. If the said mandatory technical requirements are not available in the
proposed product, the bidder will be technically disqualified.

b) Minimum score of 85% compliance for the product in Annexure 11 – Technical


requirement.
c) Minimum 70 marks in technical evaluation as specified in the above table.

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Only those vendors who achieve the specified cut – off scores would be short-listed
for Commercial Bid Evaluation. Even if the vendor meets the 70 marks cut-off and
does not meet this criterion of 85% compliance in the product, the vendor would have
deemed not to be meeting the RFP Technical requirements.

Further the Bank’s officials would visit reference sites provided by the Vendor if
deemed necessary.

In case there is only one vendor having technical score of 85% or more, the Bank may,
at its sole discretion, also consider the next highest technical score and qualify such
vendor. In case, none of the participating vendors qualify on technical criteria and
reach or exceed the cut-off score of 85%, then the Bank, at its sole discretion, may
qualify two vendors on the basis of the top 2 scores. However, the Bank at its discretion
may reject the proposal of the Vendor or will not consider vendor below cutoff marks
by relaxing as mentioned above, if in the Bank’s opinion the Vendor could not present
or demonstrate the proposed solution as described in the proposal or in case the
responses received from the customer contacts / site visited are negative or the
proposed solution does not meet the Bank’s functional and technical requirement.

The average technical score of each product will be consider for weighted evaluation.
o Commercial Bid Evaluation
The vendor who achieves the required cut – off technical score as part of technical
evaluation shall be qualified for commercial bid opening. 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 5 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:

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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.
As an example, the following procedure can be followed:
A score (S) will be calculated for all qualified bidders using the following formula:
𝐂𝐥𝐨𝐰
𝟏𝟎𝟎𝐗 + 𝐓(𝟏 − 𝐗)
𝐂

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 average of technical evaluation score of all the products and
X is equal to 0.30.
Technical [(Clow / C ) x 100] x
Discounted T * 0.70 Score (S =
# Bidder Evaluation 0.30
Rate (C) (A) A +B)
Marks (T) (B)

1 AAA 75 120 52.5 25 77.5

2 BBB 80 100 56 30 86

3 CCC 90 110 63 27.3 90.3

In the above example, Clow is 100.

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.

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5. Terms & Conditions
5.1 General
5.1.1 General Terms
[Link] The Bank expects the Bidder to adhere to the terms of this tender document
and would not accept any deviations to the same.
[Link] 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.
[Link] Unless agreed to specifically by the Bank in writing for any changes to the
tender document issued the Bidder responses would not be incorporated
automatically in the tender document.
[Link] Unless expressly overridden by the specific agreement to be entered into
between the Bank and the Bidder, the tender document shall be the governing
document for arrangement between the Bank and the Bidder.
5.1.2 Rules for Responding to this RFP
[Link] 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.
[Link] 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 commercial bids
[Link] All responses including commercial and technical bids would be deemed to
be irrevocable offers/proposals from the Bidders and may be accepted by the
Bank to form part of final contract between the Bank and the selected Bidder.
Bidders are requested to attach a letter from an authorized signatory attesting
the veracity of information provided in the responses. Unsigned responses
would be treated as incomplete and are liable to be rejected.
[Link] The technical and commercial bid, submitted cannot be withdrawn / modified
after the last date for submission of the bids unless specifically permitted by
the Bank. In case, due to unavoidable circumstances, the Bank does not
award the contract within six months from the last date of the submission of
the commercial bids, and there is a possibility to award the same within a short
duration, the Bidder would have the choice to maintain the EMD or bank
guarantee in lieu of EMD with the Bank or to withdraw the bid and obtain the
security provided.
[Link] 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.
[Link] The Bidder may modify or withdraw its offer after submission, provided that,
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the Bank, prior to the closing date and time, and receives a written notice of
the modification or withdrawal prescribed for submission of offers. No offer
can be modified or withdrawn by the Bidder subsequent to the closing date
and time for submission of the offers.
[Link] The Bidder is 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.
[Link] In case of discrepancy in soft copy and hard copy of the bids, the Bidders
agree that Bank can consider hard copy as final and it will be binding on the
Bidder. The Bank in this case may also reject the offer outright.
[Link] Based on the Bank’s requirements as listed in this document, the Bidder
should identify the best-suited solution that would meet the Bank’s
requirements and quote for the same. In case the Bidder quotes more than
one model and they have not specified which particular model quoted by them
needs to be considered, then the response would be considered as improper
and the whole tender submitted by the Bidder is liable to be rejected. The
Bidder is expected to provide the best option and quote for the same.
[Link] Bidder must furnish requirements as per the formats provided in the RFP
document.
[Link] 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.
[Link] 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.
[Link] 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
[Link] The Bank is not responsible for any assumptions or judgments made by the
Bidder for proposing and implementing the solution. The Bank’s interpretation
will be final.
[Link] The Bank ascertains and concludes that everything as mentioned in the

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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.
[Link] 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.
[Link] The Bidder at no point in time can excuse themselves from any claims by the
Bank whatsoever for their deviations in confirming to the terms and conditions,
payments schedules time frame for solution etc. as mentioned in the tender
document circulated by the Bank. Bidder shall be fully responsible for
deviations to the terms & conditions etc. as proposed in the tender document.
[Link] 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
b) Bids submitted by two or more companies having common director/s
c) Bids submitted by two or more partnership firms / LLPs having common
partners
d) Bids submitted by two or more companies in the same group of
promoters/management
e) Any other bid in the sole discretion of the Bank is in the nature of multiple
bids.
5.1.3 Price Bids
[Link] 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
[Link] 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.
[Link] The prices quoted by the Bidders shall be all inclusive, that is, inclusive of all
taxes, duties, levies etc. except Goods & Service Tax and Octroi /entry tax
(wherever applicable) will be paid extra. The Goods & Services tax would be
paid by the Bank at actuals. Octroi /entry tax will be paid on actual on
production of original receipt. Though the equipment for NAC Solution would
be at Bank premises, or any location identified by Bank, Bidder shall be
responsible for the installation, implementation and acceptance testing and
the ownership would not have transferred to Bank till the final acceptance and
signoff. Hence the Bidder will bear the risk of loss if any, till the ownership has
passed to Bank. There will be no price escalation for during the contract period
and any extension thereof. Bid submitted with an adjustable price quotation

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will be treated as non-responsive and will be rejected.
[Link] In case of any variation (upward or down ward) in Government levies / taxes /
cess / excise / custom duty 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/ excise, etc. provided that the benefit or burden of other
taxes quoted separately as part of the commercial bid like VAT, Goods &
Service tax and any taxes introduced instead of Goods & Service tax, VAT
and levies associated to Goods & Service Tax, VAT or any new taxes (other
than excise, custom duties, other duties and associated government levies)
introduced after the submission of Bidder’s proposal shall be passed on or
adjusted to the Bank. Local entry tax and octroi will be paid on actuals based
on receipt provided. If the Bidder makes any conditional or vague offers,
without conforming to these guidelines, the Bank will treat the prices quoted
as in conformity with these guidelines and proceed accordingly. Local entry
taxes / octroi whichever is applicable, if any, will be paid by the Bank on
production of relative invoices / payment receipts / documents. Necessary
documentary evidence should be produced for having paid the customs /
excise duty, sales tax, if applicable, and or other applicable levies
[Link] 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 Goods & Service Tax & entry tax or octroi 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
[Link] 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”. Bidder should ensure that the project should not
suffer for any reason.
[Link] The Bank will consider the Total Cost of Ownership (TCO) over a five year
period. However the contract would be valid for a period of 5 years from the
date of purchase, and any residual payment during that period would be
adjusted on a prorate basis.
5.1.4 Price Comparisons
[Link] The Price offer shall be on a fixed price basis and should be inclusive of all

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taxes, duties, levies etc. except Goods & Service Tax and Octroi /entry tax
(wherever applicable) will be paid extra. The Goods & Services tax would be
paid by the Bank at actuals. Octroi /entry tax will be paid on actual on
production of original receipt. There will be no price escalation in the prices
once the prices are fixed and agreed to by the Bank and the Bidders during
the course of the contract and any extension thereof. Bid submitted with an
adjustable price quotation will be treated as non-responsive and will be
rejected.
[Link] The successful Bidder will be determined on the basis evaluation mentioned
in Clause 4 above.
[Link] Normalization of bids: The Bank will go through a process of technical
evaluation and normalization of the bids to the extent possible and feasible to
ensure that Bidders are more or less on the same technical ground. 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 technically short-listed Bidders to
resubmit the technical bids once again for scrutiny. The Bank can repeat this
normalization process at every stage of technical submission or till the Bank
is satisfied. The Bidders agree that they have no reservation or objection to
the normalization process and all the technically short listed 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.
[Link] 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:

[Link].1 There should be three years comprehensive Product warranty for Hardware
/ Appliances covering all parts, service visits. The Warranty should include
all costs that the original manufacturer would charge the Bidder and also
include repair and maintenance of all HW parts other than on account of
replacement due to abnormal site conditions of Force Majeure

[Link].2 Quarterly preventive maintenance (if required) in consultation with the Banks
team of all the equipments needs to be conducted which should interalia
include cleaning of inside and outside of all equipments during warranty
period. Preventive Maintenance will include replacement of worn-out parts
etc. Bidder will have to maintain HW after the warranty period, for a minimum
period of 2 years. In case equipment is taken away for repairs, the Bidder
shall provide a standby equipment (of equivalent configuration), so that the
work of the Bank is not affected. The Bidder shall give an undertaking that
sufficient quantity of spares will be kept as stock during the warranty period
at their support office across the country. The Bidder shall give an
undertaking that sufficient quantity of spares will be kept as stock during the
warranty period at their support office across the country.
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[Link].3 Transportation, forwarding and freight charges of all equipment to the site;
[Link].4 Prices quoted by the Bidder should be inclusive of all taxes, duties, levies
etc. except Goods & Service Tax and Octroi /entry tax (wherever applicable)
will be paid extra. The Goods & Services tax would be paid by the Bank at
actuals. Octroi /entry tax will be paid on actual on production of original
receipt. The Bidder is expected to provide a breakup of the taxes indicated
in the commercial bid format. The Bidder is expected to provide the tax types
and tax percentage in the commercial bid (without amounts being submitted
in the technical response).
[Link] The Bidder is expected to provide for services which are required to be
extended by the Bidder in accordance with the terms and conditions of the
contract.
[Link] The Bidder must provide and quote for the product and services as desired by
the Bank as mentioned in this RFP. Any products / services not proposed to
be provided by the Bidder will result in the proposal being incomplete, which
may lead to disqualification of the Bidder.
[Link] End of Sales / End of support: The Bidder has to ensure that any equipment
supplied as part of this RFP should not have either reached or announced end
of sales on the date of such supply or end of support for at least 5 years from
the date of issue of purchase order. In the event if any equipment supplied by
the Bidder reaches end of support, within the contract period from the date of
supply, the Bidder has to replace the equipment at no additional cost to the
Bank.

5.2 Bid Security and Performance Guarantee


5.2.1 Bid Security / Earnest Money Deposit
[Link] Bidders are required to give an earnest money deposit of an amount as
mentioned in “[A] Important Dates –Bid Security (Earnest Money Deposit)”by
way of Demand Draft/Pay Order drawn on BKC, Mumbai payable to “Bank of
Baroda” or a Bank Guarantee of an equal amount issued by a Commercial
Bank (other than Bank of Baroda) located in India, valid for 6 months in the
form provided in the RFP (Annexure 04 – Bid Security Form). The Demand
Draft should be of a Commercial Bank only (other than Bank of Baroda) and
will be accepted subject to the discretion of the Bank
[Link] Offers made without the Earnest money deposit will be rejected.
[Link] The amount of Earnest money deposit would be forfeited in the following
scenarios:
[Link].1 In case the Bidder withdraws the bid prior to validity period of the bid for any
reason whatsoever;
[Link].2 In case the Bidder 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
[Link].3 In case the Bidder fails to provide the performance guarantee within 30 days
from the purchase order date, for any reason whatsoever.

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5.2.2 Performance Guarantee
[Link] 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 as provided in Annexure 13 to the extent of 10% of the
total contract value 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 nationalized Bank
only, other than Bank of Baroda.
[Link] In the event of non-performance of obligation or failure to meet terms of this
Tender the Bank shall be entitled to invoke the performance guarantee without
notice or right of demur to the 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.
[Link] The Bank reserves the right to recover any dues payable by the selected
Bidder from any amount outstanding to the credit of the selected Bidder,
including the pending bills and/or invoking Performance Guarantee, if any,
under this contract.
[Link] If the Performance guarantee is not submitted within the stipulated time, the
Bank reserves the right to cancel the order / contract and the earnest money
deposit taken from the Bidder, will be forfeited.

5.3 Others
5.3.1 The solution will be deemed accepted only after successful ATP and sign off
from Bank’s identified Project Manager.
5.3.2 Responses to this RFP should not be construed as an obligation on the part
of the Bank to award a purchase contract for any services or combination of
services. Failure of the Bank to select a Bidder shall not result in any claim
whatsoever against the Bank. The Bank reserves the right to reject any or all
bids in part or in full, without assigning any reason whatsoever.
5.3.3 By submitting a proposal, the Bidder agrees to promptly contract with the
Bank for any work awarded to the Bidder. Failure on the part of the awarded
Bidder to execute a valid contract with the Bank will relieve the Bank of any
obligation to the Bidder, and a different Bidder may be selected based on the
selection process.
5.3.4 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 Bidder is 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
5.3.5 The Bidder must strictly adhere to the delivery dates or lead times identified
in their proposal. Failure to meet these delivery dates, unless it is due to
reasons entirely attributable to the Bank, may constitute a material breach of
the Bidder’s performance. In the event that the Bank is forced to cancel an
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awarded contract (relative to this tender document) due to the Bidder’s
inability to meet the established delivery dates or any other reasons attributing
to the Bidder then, that Bidder will be responsible for any re-procurement
costs suffered by the Bank. The liability in such an event could be limited to
the differential excess amount spent by the Bank for procuring similar
deliverables and services.
5.3.6 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 solution to be supplied in response to this RFP
shall meet the proposed Bidders 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. The
modifications, which are accepted by the Bank, shall form a part of the final
contract.
5.3.7 The Bidder shall represent that the solution provided and/or use of the same
by the Bank shall not violate or infringe the rights of any third party or the laws
or regulations under any governmental or judicial authority. The Bidder further
represents that the documentation to be provided to the Bank shall contain a
complete and accurate description of the solution and services (as
applicable), and shall be prepared and maintained in accordance with the
highest industry standards. The Bidder represents and agrees to obtain and
maintain validity throughout the specified term, of all appropriate registrations
permissions and approvals, which are statutorily required to be obtained by
the Bidder for performance of the obligations of the Bidder. The Bidder further
agrees to inform and assist the Bank for procuring any registrations,
permissions or approvals, which may at any time during the Contract Period
be statutorily required to be obtained by the Bank for availing services from
the Bidder.
5.3.8 All terms and conditions, payments schedules, time frame for expected
service levels as per this tender will remain unchanged unless explicitly
communicated by the Bank in writing to the Bidder. The Bank shall not be
responsible for any judgments made by the Bidder with respect to any aspect
of the Service. The Bidder shall at no point be entitled to excuse themselves
from any claims by the Bank whatsoever for their deviations in confirming to
the terms and conditions, payments schedules, expected service levels etc.
as mentioned in this tender document.
5.3.9 The Bank and the Bidder covenants and represents to the other Party the

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following:
[Link] It is duly incorporated, validly existing and in good standing under as per the
laws of the state in which such Party is incorporated.
[Link] It has the corporate power and authority to enter into Agreements and perform
its obligations there under. The execution, delivery and performance of terms
and conditions under Agreements by such Party and the performance of its
obligations there under are duly authorized and approved by all necessary
action and no other action on the part of such Party is necessary to authorize
the execution, delivery and performance under an Agreement.
5.3.10 The execution, delivery and performance under an Agreement by such Party:
[Link] Will not violate or contravene any provision of its documents of incorporation;
[Link] 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;
[Link] 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;
[Link] To the best of its knowledge, after reasonable investigation, no
representation or warranty by such Party in this Agreement, and no document
furnished or to be furnished to the other Party to this Agreement, or in
connection herewith or with the transactions contemplated hereby, contains
or will contain any untrue or misleading statement or omits or will omit any fact
necessary to make the statements contained herein or therein, in light of the
circumstances under which made, not misleading. There have been no events
or transactions, or facts or information which has come to, or upon reasonable
diligence, should have come to the attention of such Party and which have not
been disclosed herein or in a schedule hereto, having a direct impact on the
transactions contemplated hereunder.
5.3.11 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.
5.3.12 It would be the responsibility of the Bidder to arrange / obtain necessary road
permits or any other document for delivery of the material till Bank's premises.
The Bidder shall arrange road permit for locations applicable at no extra cost
to the Bank.
5.3.13 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
5.3.14 The Bank will not bear any costs incurred by the Bidder for any discussion,

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presentation, demonstrations etc. on proposals or proposed contract or for
any work performed in connection therewith.

5.4 Other RFP Requirements


5.4.1 This tender document may undergo change by either additions or deletions
or modifications before the actual award of the contract by the Bank. The
Bank also reserves the right to change any terms and conditions including
eligibility criteria of the tender document and its subsequent addendums as it
deems necessary at its sole discretion. The Bank will inform all Bidders about
changes, if any.
5.4.2 The Bank may revise any part of the tender document, by providing a written
addendum at 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.
5.4.3 The Bank reserves the right to extend the dates for submission of responses
to this document.
5.4.4 Bidders shall have the opportunity to clarify doubts pertaining to the tender
document in order to clarify any issues they may have, prior to finalizing their
responses. All questions are to be submitted to RFP Coordinator mentioned
in “[A] Important Dates –RFP Coordinator”, and should be received by the
nominated point of contact in writing through email before the scheduled date
as indicated in the schedule of timeframe. Responses to inquiries and any
other corrections and amendments will be published on Bank’s website in the
form of addendum to tender document or through electronic mail; the
preference for distribution would be with the Bank. The Bidder, who posed
the question, will remain anonymous.
5.4.5 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 technical 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.
5.4.6 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.
5.4.7 No Commitment to Accept Lowest bid or Any Tender – The Bank shall be
under no obligation to accept the lowest price bid or any other offer received
in response to this Tender notice and shall be entitled to reject any or all offers
including those received late or incomplete offers without assigning any
reason whatsoever. The Bank reserves the right to make any changes in the
terms and conditions of purchase. The Bank will not be obliged to meet and
have discussions with any Bidder, and / or to listen to any representations
unless there is change in the terms and conditions of purchase

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5.4.8 Erasures or Alterations – The offers containing erasures or alterations will not
be considered. There should be no hand-written material, corrections or
alterations in the offer. Technical details must be completely filled up. Correct
technical information of the product being offered must be filled in. 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.
5.4.9 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.
5.4.10 Right to Alter– The Bank reserves the right to alter the requirements specified
in the Tender. The Bank will inform all Bidders about changes, if any. The
Bidder agrees that the Bank has no limit on the additions or deletions on the
items for the period of the contract. Further the Bidder agrees that the prices
quoted by the Bidder would be proportionately adjusted with such additions
or deletions in quantities
5.4.11 Details of Sub-contracts, as applicable – If required by the Bank, BIDDER’s
should provide complete details of any subcontractor/s used for the purpose
of this engagement. It is clarified that notwithstanding the use of sub-
contractors by the Bidder, the Bidder shall be solely responsible for
performance of all obligations under the tender document irrespective of the
failure or inability of the subcontractor chosen by the Bidder to perform its
obligations. The Bidder shall also have the responsibility for payment of all
dues and contributions, as applicable, towards statutory benefits for its
employees and sub-contractors.
5.4.12 If the Bank is not satisfied with the technical specifications as specified in the
tender document and observes major deviations, the technical 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 technical bid.
5.4.13 There will be an acceptance test by the Bank or its nominated consultants
after implementation of the solution. In case of discrepancy in solution
implemented, the Bank reserves the right to cancel the entire purchase
contract and the Bidder should take back their equipment at their costs and
risks. The test will be arranged by the Bidder at the sites in the presence of
the officials of the Bank and / or its consultants.
5.4.14 The Bidder getting the contract shall install the HW at Bank’s Mumbai and
Hyderabad locations.
5.4.15 Bidder should ensure that the HW delivered to the Bank including all
components and attachments are brand new.
5.4.16 Bidder shall indemnify, protect and save the Bank against all claims, losses,
costs, damages, expenses, action, suits and other proceedings, resulting
from infringement of any patent, trademarks, copyrights etc. or such other
statutory infringements under any laws including the Copyright Act, 1987 in
respect of solution implemented by them in the Bank from whatsoever source,
provided the Bank notifies the Bidder in writing as soon as practicable when

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the Bank becomes aware of the claim. However, (i) the Bidder has sole
control of the defense and all related settlement negotiations (ii) the Bank
provides the Bidder 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 Bidder, except where the Bank is required by any
authority/regulator to make a comment/statement/representation.
5.4.17 Letter of Undertaking from OSD / OEM (Annexure 09) – The Bidder should
furnish a letter from original equipment manufacturer (OEM / OSD)
authorizing the Bidder to quote for OEM’s / OSD’s product in response to the
RFP from the Bank. The said letter should also offer to extend the required
warranty and support from the OEM / OSD in respect of the items stipulated
in the RFP.
5.4.18 Undertaking on Information Security (Annexure10) - The Bidder should
furnish a letter both from the original equipment manufacturer (wherever
applicable) and also from the Bidder’s end providing an undertaking on
Information Security of Authenticity for HW and also the solution supplied.
This undertaking from both OEM and the Bidder is on Information security as
per regulatory requirement.
5.4.19 The Bidder shall perform its obligations under this Tender as an independent
contractor, and may engage subcontractors to perform any of the
Deliverables or Services with prior permission from the 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.
5.4.20 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.

5.5 Terms of Reference


5.5.1 Deliverables
The NAC Solution must be implemented as per project scope within a period of 3
months in totality from the date of placing of purchase order by the Bank. The solution
as per the required scope needs to be rolled out as per the delivery timelines
mentioned above.
In case the deadlines are not met then the Bidder will have to pay penalty to Bank of
Baroda @ 1% of implementation cost inclusive of all taxes, duties, levies etc., per
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week or part thereof, for late implementation beyond due date of implementation, to a
maximum of 5%. If delay exceeds the maximum percentage of 5%, Bank of Baroda
reserves the right to cancel the entire order.
Bidder will be responsible for ensuring proper packing, delivery and receipt of the all
deliverables. Sealed packs will be opened in the presence of Bank of Baroda officials
All necessary accessories as part of the NAC Solution should be delivered together
with the hardware.
Any deliverable has not been implemented or not operational on account of which the
implementation is delayed, will be deemed/treated as non-delivery thereby excluding
the Bank from all payment obligations under the terms of this contract.

Below are the deliverables for NAC solution.


(i) Implementation Phase
At the end of the implementation exercise, the solution provider should provide a
comprehensive report with a detail of completed implementation work. The report will
consist among other things the following:
 Design Document
 Fully installed well integrated customized and functioning solution
 Standard Operating Procedures - for alert management, incident management,
report management, log storage and archiving, Business Continuity. SOP
should also cover configuration, deployments, backup and recovery
procedures.
 Presentation of the working solution to the IT management and staff of Bank
after completion of the implementation for review and feedback
 An executive summary report for Management of the implemented solution
 Installation, Configuration and user manuals
 Troubleshooting manuals
 Training

(ii) Training
The Bidder needs to provide advance certification training to selected Bank officials
(max 5) on NAC solution. The Bidder should provide additional minimum three sets of
training for Bank officials during the period of the contract for NAC solution.
Details of training are as under-
 Provide training to the bank personnel on the product architecture, functionality
and the design under the scope of this RFP.
 Provide hands-on training to the bank personnel on operations, alert
monitoring, policy configuration etc.
 The Bidder shall train the Bank’s personnel for independent operation, creation
of policies/rules, generation of reports, and analysis of the reports,
Troubleshooting and familiarization of features and functionalities, policy
configuration, alert monitoring.

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 Bidder shall provide comprehensive training manual, presentations, videos,
lecture notes, hand-outs and other training documentation for all trainings.

5.5.2 Warranty
The entire Hardware / Appliance covering all components will remain under, onsite,
comprehensive maintenance warranty for a period of three years. The service support
during warranty period shall be for all Hardware / Appliance and accessories supplied.
Bidder will have to provide a post-installation warranty as per the terms mentioned
below:
 Comprehensive Warranty for 36 Months from the date of installation or 37
months from the date of the delivery whichever is earlier.
 Bidder will have to upgrade the OS/ Firmware (in case of requirement) during
warranty period at no cost to Bank. Patch updation, security patch updates etc
to be done (as and when required) preferably quarterly / half yearly in
coordination with the banks team.
 In event of any equipment / parts replaced or any defect in respect of any
equipment / parts corrected for more than one instance of any quarter during
the base warranty period of 3 years, where the period of warranty remained is
less than twelve month of the comprehensive warranty, the warranty in respect
of the entire hardware equipment for which the equipment / part is replaced /
defect is corrected, will be extended for an additional period of twelve months
from the date of such replacement/ correction of defects.
 In case of significant failures of specific component entire Hardware / Appliance
has to be replaced with new ones in proactive manner. The proactive action
has to be taken immediately without affecting the banks day to day functioning
and in a mutually convenient time. The proactive action plan is required to be
submitted well in advance. The principal Bidder is required to ensure that this
kind of situation never arises
 In case of Application /Software vendor needs to provide minimum warranty of
one year.
 AMC / ATS will be applicable after the expiry of warranty period.
5.5.3 Annual Maintenance Contract (AMC) after expiry of warranty period
The Bidder should provide two years AMC support of the Hardware /Appliances & its
components and AMC / ATS support for the contract period of application / Software
after the expiry of warranty period, supplied as part of this RFP if required by the Bank.

5.5.4 Payment Terms


The Bidder must accept the payment terms proposed by the Bank. The commercial
bid submitted by the Bidders 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 Bidder, in case of
delays or defaults on the part of the Bidder. 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

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bank will not pay the professional fees quoted by the Bidder in the price bid against
such activity / item.

The payment will be released for individual projects as follows:


a) Delivery of Hardware/Appliances/Software
 70% of the Hardware / Appliances cost on delivery of Hardware / Appliance
plus 100% of applicable taxes at actuals. The required documents to be
provided along with original invoice:
a) Original delivery Challans dully stamped and signed by the Bank Official.
b) Original receipt of Octroi / entry tax etc wherever applicable.
 20% of Hardware / Appliance cost on successful installation of the hardware /
Appliance and applicable Service Tax (if any).
SNR case - Wherever installation could not be carried out by the successful
Bidder due to the Bank’s dependencies like Site not ready etc. even after 60
days beyond the date of delivery then the payment would be released, upon
the successful Bidder’s submission of certificate from location concerned duly
signed (with Bank’s seal affixed) by the Bank Authority concerned on the Bank’s
dependencies like site is not ready etc. However, in such a case the successful
Bidder has to give an undertaking to complete installation within a week of being
informed that the site is ready.
Balance amount of 10% will be released on completion of warranty period plus
3 months or against bank guarantee in the format as specified in Annexure 14
Bank Guarantee for early release of retention money by a scheduled
commercial bank other than Bank of Baroda valid for an equivalent amount
valid for the period of warranty period plus 3 months.
b) Software / Application License Cost
 50% of the Software / Application license cost on delivery of Software / Application
Licenses plus 100% of VAT / CST & Octroi / entry tax (wherever applicable) at
actuals. The required documents to be provided along with original invoice:
a) Original delivery Challans duly stamped and signed by the Bank Official.
b) Original receipt of Octroi / entry tax etc., wherever applicable.

 30% of the Software / Application license cost after successful installation of


the Software / Application and payable against acceptance signoff in the form
of Acceptance Report signed by both Bank’s identified Project Manager &
vendor representative.
 20% of the Software / Application license cost after Go-Live closure signoff from
Bank. Go Live Closure Sign Off in the form of Final Acceptance Test Report
should be signed by both Banks identified Project Manager & vendor
representative.

c) Implementation Cost (OTC)


 70% of the implementation cost after successful implementation and payable
against implementation signoff in the form of Implementation Report signed by
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both Banks identified Project Manager & vendor representative.
 30% of the implementation cost after Go-Live closure signoff from Bank. Go
Live Closure Sign Off in the form of Final Acceptance Test Report should be
signed by both Banks identified Project Manager & vendor representative.

d) AMC / ATS
 Payable annually against receipt of satisfactory service report of previous year
from the Bank’s Project / Operation Manager.

There shall be no escalation in the prices once the prices are fixed and agreed to by
the Bank and the Bidder. Payment will be release by Information Security Dept., BCC
as per above payment terms on submission of mentioned supporting documents.
The Bank will pay invoices within a period of 30 days from the date of receipt of
undisputed invoices. Any dispute regarding the invoice will be communicated to the
selected Bidder within 15 days from the date of receipt of the invoice. After the dispute
is resolved, Bank shall make payment within 15 days from the date the dispute stands
resolved.

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6. General Terms and Conditions
6.1 Dispute Resolution
The Bank and the Bidder shall make every effort to resolve amicably, by direct informal
negotiation between the respective project managers/ directors of the Bank and the
Bidder, any disagreement or dispute arising between them under or in connection with
the contract.
If the Bank project manager/director and Bidder 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 Bidder and Bank respectively.
If after thirty days from the commencement of such negotiations between the senior
authorized personnel designated by the Bidder and Bank, the Bank and the Bidder
have been 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. Arbitration
will be carried out at Bank's office that placed the order. 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 or its
assets.

6.2 Governing Laws


The subsequent contract shall be governed and construed and enforced in
accordance with the laws of India applicable to the contracts made and to be
performed therein, and 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.

6.3 Notices and other Communication


If a notice has to be sent to either of the parties following the signing of the contract, it
has to be in writing and shall be sent personally or by certified or registered post with
acknowledgement due or overnight courier or email duly transmitted, facsimile/fax
transmission (with hard copy to follow for email/fax), addressed to the other party at
the addresses, email and fax number given in the contract.

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Notices shall be deemed given upon receipt, except that notices send by registered
post in a correctly addressed envelope shall be deemed to be delivered within 5
working days (excluding Sundays and public holidays) after the date of mailing
dispatch and in case the communication is made by facsimile transmission or email,
on business date immediately after the date of successful facsimile/email transmission
(that is, the sender has a hard copy of a confirmation page evidencing that the
facsimile was completed in full to the correct fax number or email sent to correct email
address).
Any Party may change the address, email address and fax number to which notices
are to be sent to it, by providing written notice to the other Party in one of the manners
provided in this section.

6.4 Force Majeure


The Bidder 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 Bidder and not involving the Bidder’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 Bidder 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 Bidder shall continue to perform Bidder’s
obligations under this Agreement as far as is reasonably 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 Bidder shall hold consultations in an endeavor to find a solution
to the problem.

6.5 Assignment
The Bidder agrees that the Bidder shall not be entitled to assign any or all of its rights
and or obligations under this Tender and subsequent Agreement to any entity
including Bidder’s affiliate without the prior written consent of the Bank.
If the Bank undergoes a merger, amalgamation, takeover, consolidation,
reconstruction, change of ownership, etc., this RFP along with the subsequent
Addendums published shall be considered to be assigned to the new entity and such
an act shall not affect the rights of the Bidder under this RFP.

6.6 Waiver
No failure or delay on the part of either party relating to the exercise of any right power
privilege or remedy provided under this tender document or subsequent agreement
with the other party shall operate as a waiver of such right power privilege or remedy

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or as a waiver of any preceding or succeeding breach by the other party nor shall any
single or partial exercise of any right power privilege or remedy preclude any other or
further exercise of such or any other right power privilege or remedy provided in this
tender document all of which are several and cumulative and are not exclusive of each
other or of any other rights or remedies otherwise available to either party at law or in
equity.

6.7 Confidentiality
The Parties acknowledge that in the course of performing the obligations under this
Tender and subsequent Agreement, each party shall be exposed to or acquire
information of the other party, which such party shall treat as confidential. Neither party
shall disclose the Confidential Information to a third party.
“Confidential Information” means any and all information that is or has been received
by the “Receiving Party” from the “Disclosing Party” and that:
Relates to the Disclosing Party; and
is designated by the Disclosing Party as being confidential or is disclosed in
circumstances where the Receiving Party would reasonably understand that the
disclosed information would be confidential or
Is prepared or performed by or on behalf of the Disclosing Party by its employees,
officers, directors, agents, representatives or consultants.
Without limiting the generality of the foregoing, Confidential Information shall mean
and include any information, data, analysis, compilations, notes, extracts, materials,
reports, specifications or other documents or materials that may be shared by the
Bank with the Bidder.
“Confidential Materials” shall mean all tangible materials containing Confidential
Information, including, without limitation, written or printed documents and computer
disks or tapes whether machine or user readable.
Information disclosed pursuant to this clause will be subject to confidentiality for the
term of contract plus two years. However, where Confidential Information relates to
the Bank’s data or data of the Bank customers, including but not limited to the Bank
customers’ or the Bank employees’ personal data or such other information as the
Bank is required by banking secrecy or such other laws to protect for an indefinite
period, such Confidential Information shall be protected by the receiving party for
an indefinite period or until such time when the receiving party no longer has access
to the Confidential Information and has returned or destroyed all Confidential
Information in its possession.
Nothing contained in this clause shall limit Bidder from providing similar services to
any third parties or reusing the skills, know-how and experience gained by the
employees in providing the services contemplated under this clause, provided
further that the Bidder shall at no point use the Bank’s confidential information or
Intellectual property.
The Parties will, at all times, maintain confidentiality regarding the contents of this
Tender and subsequent Agreement and proprietary information including any
business, technical or financial information that is, at the time of disclosure, designated
in writing as confidential, or would be understood by the Parties, exercising reasonable

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business judgment, to be confidential.
The Parties will keep in confidence and not disclose to any third party any and all
Confidential Information available to the Parties, whether such information is given in
writing or, is oral or visual, and whether such writing is marked to indicate the claims
of ownership and/or secrecy or otherwise. Except as otherwise provided in this
Tender, the Parties shall not use, nor reproduce for use in any way, any Confidential
Information. The Parties agrees to protect the Confidential Information of the other
with at least the same standard of care and procedures used to protect its own
Confidential Information of similar importance but at all times using at least a
reasonable degree of care.
If the Bidder hires another person to assist it in the performance of its obligations under
this RFP, or assigns any portion of its rights or delegates any portion of its
responsibilities or obligations under this Tender and subsequent Agreement to another
person, it shall cause its assignee or delegate to be bound to retain the confidentiality
of the Confidential Information in the same manner as the Bidder is bound to maintain
the confidentiality. The prior permission of bank is mandatory for any assignment by
Bidder to any other parties.
The Receiving Party shall, at all times regard, preserve, maintain and keep as secret
and confidential all Confidential Information and Confidential Materials of the
Disclosing Party howsoever obtained and agrees that it shall not, without obtaining the
written consent of the Disclosing Party:
Disclose, transmit, reproduce or make available any such Confidential Information
and materials to any person, firm, Company or any other entity other than its
directors, partners, advisers, agents or employees, sub-contractors and contractors
who need to know the same for the purposes of maintaining and supporting the
hardware / software provided as a part of the contract. The Receiving Party shall be
responsible for ensuring that the usage and confidentiality by its directors, partners,
advisers, agents or employees, sub-contractors and contractors is in accordance
with the terms and conditions and requirements of this Tender; or
Unless otherwise agreed herein, use of any such Confidential Information and
materials for its own benefit or the benefit of others or do anything prejudicial to the
interests of the Disclosing Party or its customers or their projects.
In maintaining confidentiality hereunder the Receiving Party on receiving the
confidential information and materials agrees and warrants that it shall:
Take at least the same degree of care in safeguarding such Confidential Information
and materials as it takes for its own confidential information of like importance and
such degree of care shall be at least, that which is reasonably calculated to prevent
such inadvertent disclosure
Keep the Confidential Information and Confidential Materials and any copies thereof
secure and in such a way so as to prevent unauthorized access by any third party
Limit access to such Confidential Information and materials to those of its directors,
partners, advisers, agents or employees, sub-contractors and contractors who are
directly involved in the consideration/evaluation of the Confidential Information and
bind each of its directors, partners, advisers, agents or employees, sub-contractors
and contractors so involved to protect the Confidential Information and materials in
the manner prescribed in this document.
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Upon discovery of any unauthorized disclosure or suspected unauthorized
disclosure of Confidential Information, promptly inform the Disclosing Party of such
disclosure in writing and immediately return to the Disclosing Party all such
Information and materials, in whatsoever form, including any and all copies thereof
The Receiving Party who receives the confidential information and materials agrees
that on receipt of a written demand from the Disclosing Party
a) Immediately return all written Confidential Information, Confidential materials
and all copies thereof provided to, or produced by it or its advisers, as the case
may be, which is in Receiving Party’s possession or under its custody and
control
b) To the extent practicable, immediately destroy all analyses, compilations,
notes, studies, memoranda or other documents prepared by it or its advisers to
the extent that the same contain, reflect or derive from Confidential Information
relating to the Disclosing Party
c) So far as it is practicable to do so immediately expunge any Confidential
Information relating to the Disclosing Party or its projects from any computer,
word processor or other device in its possession or under its custody and
control
d) To the 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
e) The rights in and to the data / information residing at the Bank’s premises,
including at the DRC even in the event of disputes shall at all times solely vest
with the Bank
This shall not be applicable and shall impose no obligation on the receiving party with
respect to any portion of Confidential Information which:
a) was at the time received or which thereafter becomes, through no act or failure
on the part of the receiving party, generally known or available to the public;
b) is known to the receiving party at the time of receiving such information as
evidenced by documentation then rightfully in the possession of the receiving
party;
c) is furnished by others to the receiving party without restriction of disclosure;
d) is thereafter rightfully furnished to the receiving party by a third party without
restriction by that third party on disclosure;
e) has been disclosed pursuant to the requirements of law or by any court of
competent jurisdiction, the rules and regulations of any recognized stock
exchange or any enquiry or investigation by any governmental, statutory or
regulatory body which is lawfully entitled to require any such disclosure
provided that, so far as it is lawful and practical to do so prior to such disclosure,
the Receiving Party shall promptly notify the Disclosing Party of such
requirement with a view to providing the Disclosing Party an opportunity to
obtain a protective order or to contest the disclosure or otherwise agree to the
timing and content of such disclosure

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f) was independently developed by the receiving party without the help of the
Confidential Information.
On termination of the Tender and subsequent Agreement, each party must
immediately return to the other party or delete or destroy all Confidential Information
of the other party and all notes and memoranda (including copies of them) containing
Confidential Information of the other party in its possession or control save for that
training materials and Documentation that has been provided to the Bank which is
contemplated for continued realization of the benefit of the Services. Notwithstanding
the foregoing, Bidder may retain a copy of such information (but which shall not include
customer data and Confidential Information) as may be necessary for archival
purpose. Where Confidential Information relates to the Bank’s data or data of the Bank
customers, including but not limited to the Bank customers’ or the Bank employees’
personal data or such other information as the Bank is required by banking secrecy or
such other laws to protect for an indefinite period, such Confidential Information shall
be protected by the receiving party for an indefinite period or until such time when the
receiving party no longer has access to the Confidential Information and has returned
or destroyed all Confidential Information in its possession.
The Confidential Information and materials and all copies thereof, in whatsoever form
shall at all times remain the property of the Disclosing Party and its disclosure under
the contract shall not confer on the Receiving Party any rights whatsoever beyond
those contained in the contract.
Without prejudice to any other rights or remedies which a Party may have, the Parties
acknowledge and agree that damages would not be an adequate remedy for any
breach of the clause and the remedies of injunction, specific performance and other
equitable relief are appropriate for any threatened or actual breach of any such
provision and no proof of special damages shall be necessary for the enforcement of
the rights under this Clause. Further, breach of this Clause shall be treated as ‘Material
Breach’ for the purpose of the contract.
The confidentiality obligations shall survive the expiry or termination of the agreement
between the Bidder and the Bank.

6.8 Termination
Bank shall have the option to terminate this RFP and / or any subsequent agreement
and / or any particular order, in whole or in part by giving Bidder at least 90 days prior
notice in writing. It is clarified that the Bidder shall not terminate this RFP & the
subsequent Agreement for convenience.
However the Bank will be entitled to terminate this RFP and any subsequent
agreement, if Bidder breaches any of its obligations set forth in this RFP and any
subsequent agreement and
Such breach is not cured within thirty (30) Working Days after Bank gives written
notice; or
if such breach is not of the type that could be cured within thirty (30) Working Days,
failure by Bidder to provide Bank, within thirty (30) Working Days, with a reasonable
plan to cure such breach, which is acceptable to the Bank. Or
This Tender and subsequent Agreement shall be deemed to have been terminated by
either Party one day prior to the happening of the following events of default:
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The other Party becomes unable to pay its debt as they fall due or otherwise enters
into any composition or arrangement with or for the benefit of its creditors or any
class thereof;
A liquidator or a receiver is appointed over all or a substantial part of the
undertaking, assets or revenues of the other Party and such appointment continues
for a period of twenty one (21) days;
The other Party is subject of an effective resolution for its winding up other than a
voluntary winding up for the purpose of reconstruction or amalgamation upon terms
previously approved in writing by the other Party; or
The other Party becomes the subject of a court order for its winding up.
The Bidder understands the largeness of this Project and that it would require
tremendous commitment of financial and technical resources for the same from the
Bidder for the tenure of this Tender and subsequent Agreement. The Parties therefore
agree and undertake that an exit at any point in time resulting due to expiry or
termination of this Tender and subsequent Agreement for any reason whatsoever
would be a slow process over a period of three (3) months, after the completion of the
notice period of three (3) months. During this period, the Bidder shall continue to
provide the Deliverables and the Services in accordance with this Tender and
subsequent Agreement and shall maintain the agreed Service levels.
Immediately upon the date of expiration or termination of the Tender and subsequent
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 Tender
and subsequent Agreement, Bank shall pay to Bidder, within thirty (30) days of such
termination or expiry, of the following:
All the undisputed fees outstanding till the date of termination;
Upon the termination or expiry of this Tender and subsequent Agreement:
The rights granted to Bidder 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 Bidder, being used by Bidder to provide the Services and (ii) the assignable
agreements, Bidder shall, use its reasonable commercial endeavors to transfer or
assign such agreements and Bidder Equipment to Bank and its designee(s) on
commercially reasonable terms mutually acceptable to both Parties.
Upon Bank’s request in writing, Bidder shall be under an obligation to transfer to
Bank or its designee(s) the Deliverables being used by Bidder to perform the
Services free and clear of all liens, security interests, or other encumbrances at a
value calculated as stated.

6.9 Publicity
Any publicity by the Bidder in which the name of the Bank is to be used should be
done only with the explicit written permission of the Bank.

6.10 Solicitation of Employees

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The selected Bidder, 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.

6.11 Inspection of Records


All Bidder records with respect to any matters covered by this RFP 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 Bidder 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.

6.12 Visitorial Rights


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 Bidder’s premises without
prior notice to ensure that data provided by the Bank is not misused. The Bidder shall
cooperate with the authorized representative/s of the Bank and shall provide all
information/ documents required by the Bank.

6.13 Compliance with Laws


Compliance with all applicable laws: The Bidder shall undertake to observe, adhere
to, abide by, comply with and notify the Bank about all laws in force or as are or as
made applicable in future, pertaining to or applicable to them, their business, their
employees or their obligations towards them and all purposes of this tender and shall
indemnify, keep indemnified, hold harmless, defend and protect the Bank and its
employees/officers/staff/personnel/representatives/agents from any failure or
omission on its part to do so 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.
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, and 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

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or comply with the above and all other statutory obligations arising there from and the
Bank will give notice of any such claim or demand of liability within reasonable time to
the Bidder.
This indemnification is only a remedy for the Bank. The Bidder is not absolved from
its responsibility of complying with the statutory obligations as specified above.
Indemnity shall exclude indirect, consequential and incidental damages.

6.14 Order Cancellation


The Bank will provide the selected Bidder a remedy period of 90 days to rectify a
default or given situation. The Bank will provide in writing the nature of the default to
the selected Bidder through a letter or mail correspondence. The 90 days time period
will commence from the day the Bank has sent such correspondence to the selected
Bidder.
The Bank reserves its right to cancel the order in the event of one or more of the
following situations, that are not occasioned due to reasons solely and directly
attributable to the Bank alone:
Delay in implementation beyond the specified period that is agreed in the contract
that will be signed with the successful Bidder.
Discrepancy in the quality of service / security expected during the implementation,
rollout and subsequent maintenance process.
The amount of penalties has exceeded the overall cap of 5% of the total purchase
order value inclusive of all taxes, duties, levies etc.
Failure of the Bidder make good the situation within the remedy period
The selected Bidder commits a breach of any of the terms and conditions of the
RFP / contract.
The selected Bidder 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 tender.
In case of order cancellation, any payments made by the Bank to the Bidder would
necessarily have to be returned to the Bank with interest @ 15% per annum from the
date of each such payment. These payments to be returned would refer to those
deliverables that will have to be reversed or redone post the termination of the Bidder.

6.15 Indemnity
The Bidder 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 Bidder under this RFP; and/or

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an act or omission of the Bidder and/or its employees, agents, sub-contractors in
performance of the obligations under this RFP; and/or
claims made by employees or subcontractors or subcontractors’ employees, who
are deployed by the Bidder, against the Bank; and/or
claims arising out of employment, non-payment of remuneration and non-provision
of statutory benefits by the Bidder to its employees, its agents, contractors and sub-
contractors
breach of any of the term of this RFP or breach of any representation or false
representation or inaccurate statement or assurance or covenant or warranty of the
Bidder under this RFP; 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 Bidder contained in this RFP; and/or
Negligence or gross misconduct attributable to the Bidder or its employees or sub-
contractors.
The Bidder 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 RFP infringe a patent, utility model, industrial design, copyright, trade secret, mask
work or trade mark in the country where the Deliverables and Services are used, sold
or received, provided the Bank:

notifies the Bidder in writing as soon as practicable when the Bank becomes aware
of the claim; and
cooperates with the Bidder in the defense and settlement of the claims.
However, (i) the Bidder has sole control of the defense and all related settlement
negotiations (ii) the Bank provides the Bidder 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 Bidder, 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 Bidder,
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
Tender and subsequent 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 Bidder to provide effective remedy under options (1) to (2)
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within a reasonable period which would not affect the normal functioning of the Bank.

The Bidder shall not be liable for defects or non-conformance resulting from:

Software, hardware, interfacing, or supplies for the solution not approved by Bidder;
or
any change, not made by or on behalf of the Bidder, to some or all of the
deliverables supplied by the Bidder 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 RFP and subsequent agreement by the Bidder.

6.16 Corrupt and Fraudulent Practices


6.16.1 As per Central Vigilance Commission (CVC) directives, it is required that
Bidders / Suppliers / Contractors observe the highest standard of ethics during
the procurement and execution of such contracts in pursuance of this policy:
“Corrupt Practice” means the offering, giving, receiving or soliciting of
anything of values 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.
6.16.2 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.
6.16.3 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.

6.17 Violation of Terms


The Bank clarifies that the Bank shall be entitled to an injunction, restraining order,
right for recovery, suit for specific performance or such other equitable relief as a court
of competent jurisdiction may deem necessary or appropriate to restrain the Bidder
from committing any violation or enforce the performance of the covenants, obligations
and representations contained in this tender document. These injunctive remedies are
cumulative and are in addition to any other rights and remedies the Bank may have at
law or in equity, including without limitation a right for recovery of any amounts and
related costs and a right for damages.

6.18 Transportation and Insurance


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All the costs should include cost, insurance and freight (c.i.f). However, the Bidder has
the option to use transportation and insurance cover from any eligible source.
Insurance cover should be provided by the Bidder till the acceptance of the HW by the
Bank. The Bidder should also assure that the goods would be replaced with no cost
to Bank in case insurance cover is not provided.

6.19 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.

6.20 Service Level Agreement and Non-Disclosure Agreement


The selected Bidder shall execute a) Service Level Agreement (SLA), which must
include all the services and terms and conditions of the services to be extended as
detailed herein, and as may be prescribed or recommended by the Bank and b) Non-
Disclosure Agreement (NDA). The selected Bidder shall execute the SLA and NDA
within two months from the date of acceptance of letter of appointment or as intimated
by the Bank.

6.21 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.
It is submitted anywhere other than the place mentioned in the RFP.

6.22 Limitation of Liability


Bidder’s aggregate liability in connection with obligations undertaken as a part of the
RFP regardless of the form or nature of the action giving rise to such liability (whether
in contract, tort or otherwise), shall be at actual and limited to the Total Order Value.

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Bidder’s liability in case of claims against the Bank resulting from Willful Misconduct
or Gross Negligence of Bidder, 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 Bidder as part
of procurement under the RFP.
Under no circumstances BOB shall be liable to the selected Bidder 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.
It is expressly agreed between the Parties that for any event giving rise to a claim,
Bank shall have the right to make a claim (including claims for indemnification under
the procurement in this RFP) against Bidder.

6.23 Ownership, Grant and delivery


The Bidder shall procure and provide a non-exclusive, non-transferable, enterprise
wide perpetual license to the Bank for all the software to be provided as a part of this
project. The Bank can use the software at any of its branches and locations without
restriction and use of software by service providers on behalf of the Bank would be
considered as use thereof by the Bank and the software should be assignable /
transferable to any successor entity of the Bank.
The license shall specifically include right
A. To Use. (i) to use the executable code version of the Software and all
Enhancements, Updates and New Versions made available from time to time
solely for business operations of the Bank; (ii) to use the Program Documentation
for purposes of installing or operating the Programs and supporting the use of
the Software by the Bank; (iii) to use the technical Training Materials for purposes
of supporting Users; (iv) to use the executable code version of the Software and
all Enhancements, Updates and New Version made available from time to time
for Test and Development, Training, Near DR, Disaster Recovery Site of the
Bank.
B. To Copy. (i) to copy the Software that operates on server systems to support the
users of the Bank; (ii) to make additional copies of the Program Material for
archival, emergency back-up, testing, or disaster recovery purposes; and (iii) to
copy the Program Documentation to support its Users.
C. To work as interface: (i) to work with other Application Software packages at the
Bank as interface; (ii) to allow other application software packages at the Bank
to work as interfaces to the Software. If such interfacing requires any modification
or change to the Software, such modification or change has to be carried out by
the Bidder free of any additional License charge or fees or expenses.
Delivery: The Bidder, at the time of installation shall deliver to the Bank required
copies of the object code version of the Software and the associated Program
Documentation including operation manual and training material. The Bidder,
after customization shall deliver to the Bank required copies of the object code

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version of the customized Software and the associated Program Documentation
including operation manual and training material. The Bidder, after modifications,
updates or new versions shall deliver to the Bank required copies of the revised
object code version of the latest Software and the revised associated Program
Documentation including operation manual and training material. The Program
Documentation shall consist of required number of User Manuals per branch /
service Center / office / extension counter, Near Site, Data Center and Disaster
Recovery Center. The program documentation shall be supplied by the Bidder to
the Bank both in hard copy form (except where hard copies are not available)
and soft copy form (MS word format and HTML Browser format). The operational
manual shall be provided by the Bidder under help menu in the software as
dynamic online documentation / help files, wherever applicable. The object code
version of the Software, executables and required run-time files shall be on
Compact Disc or on any such media as desired by the Bank as may be
applicable.
D. The grant of license by the Bidder herein shall be for processing the internal
business of the Bank or its permitted affiliates and does not, without limitation,
include the rights to reverse engineer, reverse compile or otherwise arrive at the
source code of the Software nor does it include the rights to sell, lease, license,
sublicense or otherwise transfer, convey or alienate the software for commercial
consideration to any person.
Except as specifically agreed by and between Bidder and Bank, the ownership
of all rights, title and interest, including without limitation, all patents, copy right,
trade secrets and any other form of intellectual property rights in and to software,
any derivative works thereof and enhancements thereto, software and
documentation are and shall at all times remain with the Bidder or its Licensors
and be the sole and exclusive property of the Bidder or its Licensors. The Bank
acknowledges that nothing contained in this Tender and subsequent Agreement
shall be construed as conveying by the Bidder or its licensor’s title or ownership
interest in any licensed software or any derivative works thereof and
enhancements thereto. Nothing contained herein shall be construed to preclude
the Bidder from owing, using, improving, marketing, including without limitation,
licensing to other persons any and all licensed software.
E. Rights: The Bidder shall ensure that the software does not infringe third party
intellectual property rights. If a third party's claim endangers or disrupts the
Bank’s use of the software, the Bidder shall be required to, at no further expense,
charge, fees or costs to the Bank, (i) obtain a license so that the Bank may
continue use of the software in accordance with the terms of this Tender and
subsequent Agreement and the license agreement; or (ii) modify the software
without affecting the functionality in any manner so as to avoid the infringement;
or (iii) replace the software with a compatible, functionally equivalent and non-
infringing product; or (iv) refund to the Bank the amount paid for the infringing
software and bear the incremental costs of procuring a functionally equivalent
software from a third party, provided the option under the sub clause (iv) shall be
exercised by the Bank in the event of the failure of the Bidder to provide effective
remedy under options (i) to (iii) within a reasonable period which would not affect
the normal functioning of the Bank. The Bidder shall have no liability for any claim
of infringement based on (i) a claim which continues because of Bank’s failure

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to use a modified or replaced software that is at least functionally equivalent to
the software, or the Bank’s failure to use corrections, fixes, or enhancements
made available and implemented by the Bidder, despite notice of such failure by
the Bidder in writing, (ii) any change, not made by or on behalf of the Bidder, to
some or all of the software/deliverables supplied by the Bidder or modification
thereof, provided the infringement is solely on account of that change ; or (iii) the
Bank’s continued misuse of some or all of the software/deliverables or any
modification thereof despite notice from the Bidder of such misuse in writing.
Bidder is the Prime Bidder for purposes of all deliverables and services, with the single-
point responsibility for the same. Should the software provided by the Bidder be
infringing, it would have a serious business impact on the business of the Bank.
Therefore, the Bidder should take responsibility of its actions. Even if Bank would have
used the deliverables before the infringement was noticed, legally each such use
constituted infringement and therefore the Bidder is in breach of the Bidder’s warranty
and obligation.

6.24 Team Lead Interchange


Any Team Lead change during implementation of the project should be carried out
only after mutual consent.

6.25 Grievance Redressal


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 Chief Information Security Officer at
ciso@[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.

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7. 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
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 - Bid - Table of Contents
Eligibility Cum Technical Bid to contain the following

Section # Section Heading Performa Given

1 Covering letter certifying eligibility criteria compliance Bidder to provide

2 Eligibility criteria compliance with Bidder comments Annexure 02


3 Credential letters / Purchase orders / Supporting Bidder to provide
documents
4 Application Money Demand Draft Bidder to provide
5 Bid Security Letter Annexure 03
6 Bid Security (Earnest Money Deposit) Bidder to provide
Or DD
Bid Security Form (Earnest Money Deposit in the Or
form of Bank Guarantee) Annexure 04
7 Undertaking Letter Annexure 05
8 Conformity with Hard Copy Annexure 07
9 Conformity Letter Annexure 08
10 Letter of Undertaking from OSD / OEM Annexure 09
11 Undertaking of Information Security Annexure 10
12 Executive Technical Summary Bidder to provide
13 Copy of the tender document along with the Bidder to provide
addendums duly sealed and signed on all the pages
of the document.
14 CD containing soft copy of the Annexures and the Bidder to provide
scanned copies of supporting documents.
15 Letter of authorization from the company authorizing Bidder to provide
the person to sign the tender response and related
documents.

16 A certified copy of the resolution of Board, Bidder to provide


authenticated by Company Secretary/Director,
authorizing an official/s of the company or a Power of
Attorney copy to discuss, sign agreements/contracts
with the Bank.
17 Integrity Pact Annexure 17

Authorized Signatory
Name:
Designation:
Bidder’s Corporate Name
Address

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Email and Phone #
Date:

Commercial Bid envelope to contain the following

Section # Section Heading Performa Given

1 Covering letter on submission of Commercial Bidder to provide


Bid

2 Conformity with Hard Copy Annexure 07

3 Commercial Bid Annexure 15

4 CD containing soft copy of the commercial bids Bidder to provide

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

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Annexure 02 - Eligibility Criteria
Eligibility Criteria Compliance to be directly met by the bidder
S. Complied
Eligibility Criteria Supporting Required
No (Yes/No)

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 5 years.
Bidder must not be blacklisted /
debarred by any Statutory,
2 Regulatory or Government Letter of confirmation from
Authorities or Public Sector Bidder.
Undertakings (PSUs / PSBs) since
1st April 2017 till date.
The Bidder to provide information
that any of its subsidiary or
associate or holding company or
companies having common
3 Letter of confirmation from
director/s or companies in the same
Bidder.
group of promoters/management or
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 functional and technical
4 Letter of confirmation from
requirements highlighted as part of
Bidder.
Technical Scope are covered in
totality in the proposal submitted by
the Bidder.
B Financial

The Bidder must have registered a Audited Financial


turnover of Rs. 100 Crores (from statements for the
Indian Operations only) in each year financial years 2015-16,
during the last three completed 2016-17 and 2017-18.
1 financial years – 2015-16, 2016-17 Certified letter from the
and 2017-18 (Not inclusive of the Chartered Accountant.
turnover of associate companies) The CA certificate in this
regard should be without
any riders or qualification.
The Bidder must be net profit (after Audited Financial
2. tax) making entity (from Indian statements for the
operations only) continuously for the financial years 2015-16,

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S. Complied
Eligibility Criteria Supporting Required
No (Yes/No)

last three years, that is financial 2016-17 and 2017-18.


years – 2015-16, 2016-17 and Certified letter from the
2017-18 Chartered Accountant.
The CA certificate in this
regard should be without
any riders or qualification
C Technical
The Bidder should be an OSD or
authorized partner of OSD for
supply of licenses and solution Letter of confirmation from
1
implementation and maintenance OSD need to be
support under warranty / AMC / ATS submitted.
for the solution.

If Bidder (partner of Original


Solution Developer (OSD) is not
able to fulfill its obligation to support
the solution during the contract Letter of confirmation from
2 OSD need to be
period, OSD will have to ensure
support as per contract. An submitted.
undertaking from the OSD to this
effect must be submitted

If OSD is bidding directly they Letter of confirmation from


3 cannot submit another bid with any OSD in case if OSD is
Bidder. bidding directly

One Bidder can bid only with one


OSD and similarly one OSD can bid
with only one Bidder Letter of confirmation from
4
the Bidder and OSD

D Experience & Support Infrastructure

The proposed Solution must be Documentary Proof of


implemented in at least 3 order / contract copy /
1 customer credentials.
Commercial Banks / Financial
Institution in India in last 3 financial
years.

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S. Complied
Eligibility Criteria Supporting Required
No (Yes/No)

Bidder should have direct support Letter of confirmation


offices in Mumbai and Hyderabad
2 and technically qualified engineers
who have expertise in support and
installations of the proposed
product.

All dates if not specified to be applicable from the date of the RFP.

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

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Annexure 03 - Bid Security Letter

1. WHEREAS, …………………………………………… (hereinafter referred to as


“Bidder”) has submitted its proposal and response
dated…………………………(hereinafter referred to as “Bid”) for the supply,
installation & maintenance of all the requirements described in the Request for
Proposal No. ……….. along with its amendments/annexures and other ancillary
documents (hereinafter referred to as “RFP”) as issued by Bank of Baroda.
2. We …………………………………… ……… …. having our registered office at
……………………………………….(hereinafter called the 'BIDDER') are offering
security deposit of Rs. _______/- (Rupees _______________ only) vide [demand
draft / pay order / issued by a scheduled/Commercial bank] bearing No._______
dated _________ [drawn on/ issued by] __________ ___________ (hereinafter
referred to as “Bid Security”) favoring ‘Bank of Baroda for consideration of the Bid
of the above mentioned Bidder.
3. The Bidder specifically acknowledges and agrees that the Bidder has furnished his
Bid on the understanding and condition that, if the Bidder:
a) Withdraws its Bid during the period of Bid validity specified by the Bidder on the
Tender Documents or
b) Having been notified of the acceptance of its Bid by Bank of Baroda during the
period of validity: -
i. Fails or refuses to execute the contract form if required; or
ii. Fails or refuses to furnish the Security Deposit / Performance Guarantee, in
accordance with the instruction to Bidders.
Bank of Baroda has the right to forfeit the entire Bid Security amount merely on the
occurrence of one or more of the foregoing events without demur or a written
demand or notice to the Bidder.

4 The Bid Security shall be returned to unsuccessful Bidders within thirty (30) days
from the date of the award of contract to a successful Bidder. The Bid Security shall
be returned to the successful Bidder upon furnishing of Performance Security in
accordance with the instructions of the Bidder.
5 The Bidder undertakes that it will not cancel the Bid Security referred to above till
the Bidder is returned the Bid Security from Bank of Baroda in accordance with the
foregoing conditions.
6 The Bidder represents and warrants that the Bidder has obtained all necessary
approvals, permissions and consents and has full power and authority to issue this
Bid Security and perform its obligations hereunder, and the Bidder has taken all
corporate, legal and other actions necessary or advisable to authorize the
execution, delivery and performance of this Bid Security. The absence or
deficiency of authority or power on the part of the Bidder to issue this Bid Security
or any irregularity in exercise of such powers shall not affect the liability of the
Bidder under this Bid Security.

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Dated this.................day of............

Place: __________________________

Date: Seal and signature of the Bidder

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Annexure 04 - Bid Security Form
(FORMAT OF BANK GUARANTEE (BG) IN LIEU OF EARNEST MONEY DEPOSIT)

To
Chief Information Security Officer
Bank of Baroda, Baroda Corporate Centre
Bandra Kurla Complex Bandra (E),
Mumbai 400 051

WHEREAS _________________________ (hereinafter called “the Bidder”) has


submitted its bid dated_______ (date of submission of bid) for providing
_________________________ in response to Request for Proposal ( RFP ) No.
________ (hereinafter called “the Bid” ) issued by Bank of Baroda.

KNOW ALL PEOPLE by these presents that WE______________(name of bank)


of ____________ (name of country) having our registered office at______________
(address of bank) (hereinafter called “the Bank”) are bound unto Bank of Baroda
(hereinafter called “the Purchaser”) in the sum of___________ for which payment will
and truly to be made to the said Purchaser, the Bank binds itself, its successors and
assigns by these presents. Sealed with the common seal of the said Bank this _____
day of_______ , 20___.

THE CONDITIONS of this obligation are:


1. If the Bidder withdraws its Bid during the period of bid validity specified by the
Bidder on the Bid Form; or
2. If the Bidder, having been notified of the acceptance of its bid by the Purchaser
during the period of bid validity :
a) fails or refuses to execute the mutually agreed Contract Form if required; or
b) fails or refuses to furnish the Performance Security, in accordance with the
Terms and Conditions of the Contract;
We undertake to pay the Purchaser up to the above amount upon receipt of its first
written demand, without the Purchaser having to substantiate its demand, provided
that in its demand the purchaser will note that the amount claimed by it is due owing
to the occurrence of one or both of the two conditions, specifying the occurred
condition or conditions.
This guarantee will remain in force up to and including 90 days after the period of the
bid validity, and any demand in respect thereof should reach the Bank not later than
the above date.
Notwithstanding any other term contained herein
a) this guarantee shall be valid only up to _________________ ( Insert Guarantee
End Date ) whereupon it shall automatically expire irrespective of whether the
original guarantee is returned to the Bank or not; and
b) the total liability of Bank under this guarantee shall be limited to Rs.________/-
(Rupees __________________ only).

Place :

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SEAL Code No. SIGNATURE.
NOTE:
1. VEDNOR 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.

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Annexure 05 – Undertaking
To
Chief Information Security Officer
Bank of Baroda, Baroda Corporate Centre
Bandra Kurla Complex Bandra (E),
Mumbai 400 051

Sir,

Sub: RFP for Supply, Implementation and Maintenance of Network Access


Control (NAC) Solution
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. 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.
4. This Bid, together with your written acceptance thereof and your notification of
award, shall constitute a binding Contract between us.
5. 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
ii. Amount and Currency in which Commission paid / payable
iii. Purpose of payment of Commission (If commission is not paid / not
payable indicate the same here)
6. We agree that the Bank is not bound to accept the lowest or any Bid the Bank may
receive.
7. 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
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.

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

Yours faithfully,

Authorized Signatory
Name:
Designation:
Bidder’s Corporate Name
Address
Email and Phone #
(This letter should be on the letterhead of the Bidder duly signed by an authorized
signatory)

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Annexure 06 - Comments Format
[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 / Clarification point as Comment/ Suggestion/


No. # Section stated in the tender Deviation
# document

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

Request for Proposal for Supply, Implementation and Maintenance of Network Access Control (NAC) Solution
Bank of Baroda Confidential Page 72 of 106
Annexure 07 – Conformity with Hardcopy Letter
(This letter should be on the letterhead of the bidder duly signed by an authorized
signatory)
To

Chief Information Security Officer


Bank of Baroda, Baroda Corporate Centre
Bandra Kurla Complex Bandra (E),
Mumbai 400 051

Sir,

Sub: RFP for Supply, Implementation and Maintenance of Network Access


Control (NAC) Solution

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:

The soft-copies of the proposal submitted by us in response to the RFP and the related
addendums and other documents including the changes made to the original tender
documents issued by the Bank, conform to and are identical with the hard-copies of
aforesaid proposal submitted by us, in all respects.

Yours faithfully,

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

Request for Proposal for Supply, Implementation and Maintenance of Network Access Control (NAC) Solution
Bank of Baroda Confidential Page 73 of 106
Annexure 08 –Conformity Letter
(This letter should be on the letterhead of the bidder duly signed by an authorized
signatory)
To

Chief Information Security Officer


Bank of Baroda, Baroda Corporate Office
Bandra Kurla Complex Bandra (E),
Mumbai 400 051

Sir,

Sub: RFP for Supply, Implementation and Maintenance of Network Access


Control (NAC) Solution

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 #

Request for Proposal for Supply, Implementation and Maintenance of Network Access Control (NAC) Solution
Bank of Baroda Confidential Page 74 of 106
Annexure 09 –Letter of Undertaking from OSD / OEM
(This letter should be on the letterhead of the OEM / OSD / Manufacturer duly signed
by an authorized signatory)
To
Chief Information Security Officer
Bank of Baroda, Baroda Corporate Centre
Bandra Kurla Complex Bandra (E),
Mumbai 400 051

Sir,

We ………………………… (Name of the OSD / OEM) who are established and


reputable manufacturers / developers of ………………………… having factories at
………, ………and …………… do hereby authorize M/s ……………………… (who is
the Bidder submitting its bid pursuant to the Request for Proposal issued by the Bank)
to submit a Bid and negotiate and conclude a contract with you for providing NAC
Solution for the product/s manufactured / developed by us against the Request for
Proposal received from your Bank by the Bidder and we have duly authorized the
Bidder for this purpose.
We undertake to perform the obligations as set out in the RFP in respect of such
services and hereby extend our warranty / support and services through
M/s.……………… during the 5 years contract period as per terms and conditions of
the RFP.
We assure you that in the event of M/s ……………………… not being able to fulfill its
obligation as M/s ……………………… Bidder in respect of the terms defined in the
RFP, …………………………………… (OEM / OSD Name) would continue to meet
these either directly or through alternate arrangements without any additional cost to
the Bank.
Yours Faithfully

Authorized Signatory

(Name:

Phone No. Fax E-mail )

Request for Proposal for Supply, Implementation and Maintenance of Network Access Control (NAC) Solution
Bank of Baroda Confidential Page 75 of 106
Annexure 10–Undertaking of Information Security
(This letter should be on the letterhead of the bidder as well as the OEM/ Manufacturer
duly signed by an authorized signatory on Information security as per regulatory
requirement

To

Chief Information Security Officer


Bank of Baroda, Baroda Corporate Centre
Bandra Kurla Complex Bandra (E), Mumbai 400 051

Sir,

Sub: RFP for Supply, Implementation and Maintenance of Network Access


Control (NAC) Solution

We hereby undertake that the proposed hardware / software to be supplied will be free
of malware, free of any obvious bugs and free of any covert channels in the code (of
the version of the application being delivered as well as any subsequent
versions/modifications done)

Yours faithfully,

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

Request for Proposal for Supply, Implementation and Maintenance of Network Access Control (NAC) Solution
Bank of Baroda Confidential Page 76 of 106
Annexure 11 - Technical Requirement – NAC Solution
This annexure lists the Technical requirements from the Bank to fulfill its objective. It
comprises of mandatory technical requirements and other technical requirements.

Mandatory technical requirements are must and if are not available in the proposed
product, the bidder will be technically disqualified.

Compliance of the other technical requirements shall mean complete compliance and
not partial compliance. In case of any of the below technical requirements is not
complied/partially complied/customization required, please indicate so with detailed
remarks.

Mandatory Technical Requirements:

Compliance
[Link]. Description / Specification Remarks
(Yes/No)

Network Access Control (NAC) solution should


control access to the network with policies, including
1 pre-admission endpoint security policy checks and
post-admission controls over where users and
devices.

The proposed solution must support agentless


deployment and provide complete posture analysis
without the need of an agent. The Solution Should
2
support the all the feature & Functionalities like
Profiling, Compliance check, Alert, Remediation &
Blocking etc. in Agentless mode.

The solution should discover any new device (wired


3 / wireless) entering the network and permit network
access based upon the policy for the device.

The proposed NAC solution should integrate with


Enterprise level SIEM solution (QRadar) and Syslog
server. The solution should be able to share
4 information using standard protocols (Syslog, CEF)
and should allow the SIEM system to send syslog
messages to the NAC solution to automatically
respond to any endpoint security issues.

Request for Proposal for Supply, Implementation and Maintenance of Network Access Control (NAC) Solution
Bank of Baroda Confidential Page 77 of 106
Compliance
[Link]. Description / Specification Remarks
(Yes/No)

The proposed solution should enforce security


policies by blocking, isolating, and repairing
5
noncompliant machines in a quarantine area without
requiring administrator attention

Other Technical Requirements:

Complia
[Link]. Description / Specification Score nce Remarks
(Yes/No)
Technical Specifications
Network Access Control (NAC) solution should control
access to the network with policies, including pre-
1 10
admission endpoint security policy checks and post-
admission controls over where users and devices.
The following is a list of functions that should
encompass a NAC solution:

I. Element Detection - detecting new elements as they


are introduced to the network.

II. Authentication – authenticating each user accessing


the network no matter where they are authenticating
from and/or which device they are using.

III. Endpoint Security Assessment – assessing whether


a newly introduced network element complies with the
2 security policy of the organization. These checks may 5
include the ability to gather knowledge regarding an
element’s operating system, the list of installed
patches, the presence of anti-virus software and its
virus signature date, etc.

IV. Remediation– quarantining an element that does


not comply with the defined security policy until the
issues causing it to be non-compliant are fixed. When
quarantined, the element may be able to access a
defined set of remediation servers allowing the user
fixing the non-compliant issues and to be reintroduced,
now successfully, to the network.

Request for Proposal for Supply, Implementation and Maintenance of Network Access Control (NAC) Solution
Bank of Baroda Confidential Page 78 of 106
Complia
[Link]. Description / Specification Score nce Remarks
(Yes/No)

V. Enforcement – restricting the access of an element


to the network if the element does not comply with the
defined security policy.

VI. Authorization – verifying access by users to network


resources according to an authorization scheme
defined in an existing authorization system, such as
Active Directory, RADIUS servers, etc., allowing the
enforcement of identity-based policies after an element
is allowed on the network.

VII. Post-Admission Protection – continuously


monitoring users, elements and their sessions for
suspicious activity (i.e. worms, viruses, malware, etc.).
If detected, the action taken by a NAC solution may
vary from isolating the offending system to dropping
the session.
The Network Access Control (NAC) solution should be
an automated security control platform that can monitor
and control everything on the network—all devices, all
3 operating systems, all users. The solution shall let 5
employees and guests remain productive on the
network while critical network resources and sensitive
data remain protected.
Solution should Maintain an up-to-date/centralized
inventory of authorized devices connected to bank’s
4 5
network (within/outside bank’s premises) and
authorized devices enabling the bank’s network.
The proposed NAC OEM should feature in the latest
Gartner’s Magic Quadrant for Network Access Control
5 5
under the “leaders” quadrant and in the latest Gartner’s
Market Guide for Network Access Control.
The solution should be able to work with IOCs provided
6 by the Anti-APT solution (FireEye, etc.) and 5
regulators/agencies like CERT-In, etc.
The solution should be capable to create Local Admin
7 at Zonal level, Branch level, etc. with role based access 5
if required
The solution should be able to prevent and make
8 custom policies for new age Zero day attacks within 24- 5
48 hours
The solution should be able to work independently with
9 5
support for all network devices and endpoint machines

Request for Proposal for Supply, Implementation and Maintenance of Network Access Control (NAC) Solution
Bank of Baroda Confidential Page 79 of 106
Complia
[Link]. Description / Specification Score nce Remarks
(Yes/No)
The proposed solution should identify applications
installed on the endpoints. Policies should be written to
10 categorize these applications and determine their 5
current status based upon attributes of these
applications
The proposed solution should determine if any
11 endpoints are running any P2P applications and 5
handle the situation as specified within the rule
The proposed solution must possess an architecture
12 that should works in offline Mode /SPAN/ Mirror Traffic 5
i.e. out-of-band mode.
The solution should have an architecture such that
even if the primary server is down, the endpoints
13 5
should still get policy updates from DR servers without
any changes required at their end
The solution should be designed and deployed to work
with the existing network and devices and should not
14 5
require re-architecturing the network or replacement of
existing devices.
The proposed solution (appliances) will be deployed
for the Bank centrally at two locations:-
15 5
· Datacenter Site – Mumbai
· Disaster Recovery Site - Hyderabad
Management
The proposed solution should have a Centralized
16 Management Console with customizable dashboard 5
and role-based admin
The solution should offer a built-in monitoring,
reporting, and troubleshooting console to assist
17 5
helpdesk operators and administrators streamline
operations
The solution should enable administrators to centrally
configure and manage profiler, posture, guest,
18 authentication, and authorization services in a single 5
web-based / GUI console, simplifying administration by
providing consistency in managing all these services.
The DR management console should have the
integration capability with DC management console so
that a single console can be used for monitoring
19 5

Request for Proposal for Supply, Implementation and Maintenance of Network Access Control (NAC) Solution
Bank of Baroda Confidential Page 80 of 106
Complia
[Link]. Description / Specification Score nce Remarks
(Yes/No)

Reporting

The proposed solution must be able to generate


reports on different parameters. i.e. Compliance , Non-
Compliance , corporate , Guest , BYOD (Bring Your
Own Device) ,Cash Deposit Kiosk (CDK), Bunch Note
20 5
Acceptor (BNA), Mobile Devices, Network Printers,
ATMs, Wireless Access Point (WAP), Scanner, IP
Phone, IP Camera, Tablet, Smart Phone, Digital
Signage System (DSS), IOT's etc.
The proposed solution should have ability to generate
21 reports in different formats, such as HTML, Excel, CSV 5
and PDF
Reports should automatically be generated on a
22 scheduled basis and should be available in real time 5
on demand
The proposed solution should come with predefined,
23 5
out-of-the-box reports.
Administrators should be able to update or define
24 custom reports and should have ability to run certain 5
reports based on security role
Should support scheduled reports be delivered via e-
25 5
mail
The proposed solution must incorporate a complete set
of tools for reporting (Audit trailing, customizable
reporting and data export capabilities), analysis, and
troubleshooting. Data from access transactions can be
26 5
organized by customizable data elements and used to
generate graphs, tables, and reports. Must correlate
and organize user, authentication, and device
information together
The solution should provide a Registered Endpoints
Report. The report should provide the following
details:
· Logged in Date and Time
· Portal User (who registered the device)
· MAC Address
27 · Identity Group 5
· Endpoint Policy
· Static Assignment
· Static Group Assignment
· Endpoint Policy ID
· NMAP Subnet Scan ID
· Device Registration Status
Request for Proposal for Supply, Implementation and Maintenance of Network Access Control (NAC) Solution
Bank of Baroda Confidential Page 81 of 106
Complia
[Link]. Description / Specification Score nce Remarks
(Yes/No)

Functional Requirement

The proposed solution should operate within a


heterogeneous network with switches, routers, etc.
from multiple vendors (e.g. - Cisco, Checkpoint,
Fortinet, Citrix, D-Link, and Juniper, 3com, Nortel,
28 5
Linksys, Extreme Networks, etc. and legacy switches).
NAC appliance should support vendor agnostic switch
infrastructure. It must support the same with & Without
802.1x mechanism.
The proposed solution enforcement options should
remain the same regardless of switch manufacturer.
29 The solution should enforce policies at the switch port, 5
including moving a device from one VLAN to another,
blocking the switch port, and applying dynamic ACL
The proposed solution must support agentless
deployment and provide complete posture analysis
without the need of an agent. The Solution Should
support the all the feature & Functionalities like
30 Profiling, Compliance check, Alert, Remediation & 10
Blocking etc. in Agentless mode.
The NAC solution should also support agent based &
dissolvable agent mode to achieve all feature &
functionality mentioned in the RFP.
The solution should provide separate access solution
for guests and visitors. The solution should support
31 Captive portal based solution for these classes of 5
users. These users should get a message if the
compliance check on their machines fails.
The solution should have a provision to support non-
NAC capable hosts (i.e., printers, IP phones, IOT's
32 etc.) based on Mac address or other parameter and it 5
should support exception lists for non-NAC capable
hosts.
The solution should support the backup and recovery
33 5
of policies/configuration.
For forensic and faster network troubleshooting, the
solution should log each & every session/ all important
events that pass through and provide simple graphical
34 and statistical reports. Logs should be exportable to 5
external log server.
Logs of Deny / Quarantine end points should be
generated and exportable in formats like CSV, etc.

Request for Proposal for Supply, Implementation and Maintenance of Network Access Control (NAC) Solution
Bank of Baroda Confidential Page 82 of 106
Complia
[Link]. Description / Specification Score nce Remarks
(Yes/No)
The proposed solution able to support IPv6-IPv4 dual
35 5
stack deployments
Solution must be vendor & OS agnostic to existing
36 5
wired, wireless and VPN network.
Solution must have capabilities to block the endpoint
37 which are connected on Unmanaged Network 5
Infrastructure (Like Unmanaged Switches).
Solution must be able to automatically classify the
detected devices in to different categories according to
their functions such as Windows, Apple MAC, Printers,
Network Devices, Linux, Unix & IOT's etc.
The solution should also provide detailed information
38 regarding the endpoint connected to the network such 5
as IP Address, MAC Address, NetBIOS Name,
NetBIOS Domain, Domain User, Domain Member, OS-
Class, IP of the connected switch, Switch Port, Switch
Port VLAN, Switch Port Status, Switch Vendor, Access
status.
Solution should take feedback from external systems
39 like Syslog servers, SIEM, IDS/IPS, Firewall etc. and 5
block a user if compromised from joining the network.
Auto-Remediation or Should guide users through a
40 5
self-remediation process.
Solution should get deployed in a non 802.1x network
41 with all functionalities available in an agentless 5
deployment.
The solution should discover any new device entering
42 the network and permit network access based upon the 10
policy for the device.
Device authentication & network access control- The
solution must support the following authentication
methods:
1. 802.1X Authentication.
2. Non 802.1X Device Authentication
3. Agent-less Authentication.
43 4. MAC Address based Authentication by type 5
5. MAC Address based Authentication by pre-defined
list
6. AD – LDAP
7. Web Authentication / RADIUS / TACACS /
TACACS+, etc.
8. Asset Inventory Solution

Request for Proposal for Supply, Implementation and Maintenance of Network Access Control (NAC) Solution
Bank of Baroda Confidential Page 83 of 106
Complia
[Link]. Description / Specification Score nce Remarks
(Yes/No)
The solution should address vulnerabilities on user
machines through periodic evaluation and remediation
44 5
to help proactively mitigate network threats such as
viruses, worms, and spyware
The solution should enforce security policies by
blocking, isolating, and repairing noncompliant
45 5
machines in a quarantine area without requiring
administrator attention
The solution should offer a rules-based, attribute-
driven policy model for creating flexible and business-
46 relevant access control policies. Provides the ability to 5
create fine-grained policies by pulling attributes from
predefined dictionaries.
The solution should have the capability to collect
endpoint attribute data via passive network telemetry,
47 5
querying the actual endpoints, or alternatively from the
infrastructure
The solution should verify endpoint posture
assessment for PCs/laptops/thin-clients/Printers,
ATMs, Wireless device (router, etc.), Scanner, IP
Phone, IP Camera, Tablet, Smart Phone, IOT's
(Internet of Things) etc. connecting to the network.
The solution should provide the ability to create
powerful policies that include but are not limited to
checks for the latest OS patches, antivirus and
48 5
antispyware software packages with current definition
file variables (version, date, etc.), registries (key, value,
etc.), and applications.
The solution should also support auto-remediation for
PC/laptop/thin-clients which are already on network or
trying to connect to the Bank’s network externally, as
well as a periodic reassessment to make sure the
endpoint is not in violation of company policies
The Solution should be able to discover endpoints on
the network, profile them dynamically based in the
49 configured endpoint profiling policies and assign to the 5
matching endpoints identity groups depending on their
profile
The solution should support importing endpoints from
a comma-separated values (CSV) file in which the list
50 5
of endpoints appears with the MAC address and the
endpoint profiling policy details separated by a comma

Request for Proposal for Supply, Implementation and Maintenance of Network Access Control (NAC) Solution
Bank of Baroda Confidential Page 84 of 106
Complia
[Link]. Description / Specification Score nce Remarks
(Yes/No)
The solution should support MAC Address Bypass
(used for devices which do not support 802.1x) and can
51 5
further utilize identity of the endpoint to apply the
proper rules for access.

The solution must allow users access to the network in


52 a worst case scenario in case of non-availability of AD 5
server/NAC server or any other reasons.
The solution should have profiling capabilities
integrated into the solution in order to detect headless
host. The profiling features leverage the existing
infrastructure for device discovery. Should support the
use of attributes from the following sources or
sensors:
· Profiling using MAC OUIs
53 5
· Profiling using DHCP information
· Profiling using RADIUS / TACACS / TACACS+
information
· Profiling using HTTP information
· Profiling using DNS information
· Profiling using NetFlow information
· Profiling using SPAN/Mirrored traffic
The solution should be capable of being bypassed in
the event of any failure of the solution. This should be
54 5
applicable in both managed and unmanaged switch
environment.
The proposed solution should support the mechanism
to send customized message to specified
recipients/end users when a certain policy is triggered.
55 5
For eg. If firewall violation exceed certain threshold
limit for certain users, then the user should receive a
message via Email/SMS
The proposed solution should detect known or
56 unknown/rogue devices on specific VLAN depending 5
on device type, MAC address, or other criteria
The proposed solution should be able to Detect
infected or otherwise compromised/malicious devices
57 on specific VLAN depending on threat information from 5
desktop anti-virus, vulnerability assessment tool, SIEM
alerts or other criteria.

Request for Proposal for Supply, Implementation and Maintenance of Network Access Control (NAC) Solution
Bank of Baroda Confidential Page 85 of 106
Complia
[Link]. Description / Specification Score nce Remarks
(Yes/No)
The Solution should have Policy creation tools:
1. Policy simulation engine for testing policy integrity
58 2. Wizard based interface 5
3. Pre-configured templates
4. Quick look-up of AD attributes
The Solution Should support Policy creation for Time
59 5
Based Access and SEGMENT based access.
The Solution shall have capability, which allows users
to add a device on a portal, where the device goes
through a registration process for network access. It
should also allow users to mark as lost any device that
60 5
they have registered in the network, and blacklist the
device on the network, which prevents others from
unauthorized network access when using the
blacklisted device.
The Solution should also support removing/adding any
61 device in the enterprise network temporarily, then 5
register the device for network access again later.
Solution shall support the functionality to force
endpoint to reacquire IP addresses that do not support
62 5
a supplicant or client to generate a DHCP request after
a vlan change.
The solution should have robust exception handling
mechanism where-in default actions can be
63 overridden/known false positives can be by-passed in 5
an automated workflow after required workflow based
approvals
The propose solution should support Guest on
boarding flexibility and should include delegation to
64 5
guest sponsors, as well as the option for guests to self-
register their own devices
The solution should identify / alert / Block if high
65 privilege (admin accounts) are used for common 5
operations in place of accessing specific resources.
The solution should support all versions of Windows
starting from Windows XP, all versions of OS X starting
from OS X 10.8 and major Linux versions (CentOS,
66 5
Debian, Fedora, Red Hat Enterprise Linux, Open
SUSE, SUSE Enterprise, Ubuntu, etc.) for complete
posture assessment both agent based and agent-less.

Request for Proposal for Supply, Implementation and Maintenance of Network Access Control (NAC) Solution
Bank of Baroda Confidential Page 86 of 106
Complia
[Link]. Description / Specification Score nce Remarks
(Yes/No)
The solution should be able to identify all network
devices such as routers, switches, IOT's devices using
67 5
factory default or Weak/common credentials as part of
IOT Risk Assessment.
The solution should support both 802.1X and Non-
802.1X Architecture. The support for Non-802.1X
Architecture will allow early integration with Bank's
existing network infrastructure without the need of any
68 hardware and software upgrades required for 802.1X 5
deployments. The Bank can then take its own time to
upgrade the infrastructure to support 802.1x at its own
pace and doesn’t make it a deterrent to the NAC
deployment.
The NAC solution should detect endpoint state
changes (AV disabled, execution of an unauthorized
application, etc.) and perform auto-remediation e.g. it
69 should detect and disable unauthorized dual-homed 5
endpoints. It should be done on a continuous basis
rather than waiting for the next authentication event to
happen.
The Solution should be capable of supporting Bank’s
IT Infrastructure including Data Center (Virtual or
physical environment), IOT & cloud for security risk
70 5
assessment & incident response. Virtual Machines like
VMware, Microsoft, Citrix, etc. should be covered by
NAC.
The solution should provide complete inventory of
71 applications, processes, Services and open ports on 5
an endpoint.
The solution should include remediation actions such
as kill processes, run scripts (on Linux, OS X and
72 5
Windows), set registry keys or disable dual-homed
device adaptors.
Integration Capability
Solution should integrate seamlessly with Bank's
existing IT infrastructure comprising of routers,
switches, firewalls, IPS, various types of WAN links
and computers, devices, Operating Systems etc.
73 The proposed NAC solution should integrate with 5
leading Firewall brands such as (Checkpoint, Juniper,
Palo Alto Networks, Fortinet, Cisco, Citrix, etc.) to
respond rapidly to compromised devices on network to
prevent threat propagation.

Request for Proposal for Supply, Implementation and Maintenance of Network Access Control (NAC) Solution
Bank of Baroda Confidential Page 87 of 106
Complia
[Link]. Description / Specification Score nce Remarks
(Yes/No)
The proposed NAC solution should integrate with
Enterprise level SIEM solution (QRadar) and Syslog
server. The solution should be able to share
74 information using standard protocols (Syslog, CEF) 10
and should allow the SIEM system to send syslog
messages to the NAC solution to automatically
respond to any endpoint security issues
The proposed NAC solution should support, verify
75 authentication and integrate with Microsoft LDAP & 5
Active Directory server.
The proposed solution must able to integrate with
76 existing Antivirus solution such as TrendMicro 5
Officescan for Auto- Remediation.
The proposed solution must able to integrate with
77 Service Manager Tool such as HPSM or any other 5
ticketing tool for ticketing/workflow/case management
The proposed solution must able to integrate with
78 5
Endpoint Patch management for Auto-Remediation.
The proposed NAC solution should integrate with MDM
vendors such as Airwatch. The solution should be able
to integrate with leading EMM/MDM vendors to provide
real-time visibility of unmanaged/agentless mobile
devices.
79 In addition, it should also deliver comprehensive 5
information about the managed mobile devices
(covering different OS like Android, IOS, etc.) that are
connected to the enterprise network. Automatic
detection, enrollment, compliance check and policy
based access rules regardless of device type.
Solution should integrate with RADIUS server for client
device authentication and TACACS+ for network
80 5
device authentication and logging. Overlay component
may be added to achieve both functionality.
Solution should integrate with the APT solution
(FireEye, etc.), allowing it to receive threat information
81 5
and apply policy-based mitigation actions depending
on the severity or priority of the threat
The proposed solution should plug-in module to add
82 5
new security features.
The proposed solution should be integrated with
Privileged Identity Management (PIM) / Privileged
83 Access Management (PAM) solution (CyberArk, Arcos, 5
etc.) / Identity and Access Management (IDAM)
solution (CA, etc.).
Request for Proposal for Supply, Implementation and Maintenance of Network Access Control (NAC) Solution
Bank of Baroda Confidential Page 88 of 106
Complia
[Link]. Description / Specification Score nce Remarks
(Yes/No)
Licensing
Licensing should be based on number of end points /
IPs and scalable as per Bank’s requirement.
The proposed Solution should be licensed wherein all
supported features should be available for all IP
84 devices. 5
Licensing (including any third party product for
software, hardware, appliance, database) should cover
all the features required to deploy the NAC solution.

Remediation, quarantine and captive portals


The proposed solution should enforce security policies
by blocking, isolating, and repairing noncompliant
85 10
machines in a quarantine area without requiring
administrator attention
The proposed solution allow administrators to quickly
take corrective action (Quarantine, Un-Quarantine, or
86 5
Shutdown) on risky / compromised endpoints within the
network.
The proposed solution should support automated
remediation system including starting process, killing
87 process, setting registry keys, starting antivirus, update 5
anti-virus, starting windows updates and running
custom scripts.
The proposed solution should support Help desk and
self-service remediation allowing for load reduction for
88 5
central administrators through end user self-support
and automatic remediation.

Solution should provide below mentioned mechanism


89 for notification of user credentials to Guest Users - 5
1)Web Page redirect 2)SMS integration 3)Email

Software and Support Maintenance


The proposed solution must provide the options of RTF
(Return to Factory), ND (Next Day) be supported
90 5
directly from the manufacturer as part of its general
support offerings.
The proposed solution must include at least five years
91 5
maintenance support directly from the manufacturer.

Request for Proposal for Supply, Implementation and Maintenance of Network Access Control (NAC) Solution
Bank of Baroda Confidential Page 89 of 106
Annexure 12 - Service Levels
Sr. Service Area Accepted Penalty
No. Service Level

1 UP Time of NAC solution 99.995% and above NA


or any component there
of (hardware, software,
appliances, etc. supplied by 99.99% to 97.92% 1%
selected Bidder). Impact on
Production, demanding 97.91% to 95.83% 5%
immediate attention.
Leading to the complete
disruption of the objective Less than 95.82% 10%
performed by the said
solution.
2 Degradation of NAC Response and 1% every four hours after the
solution resolution time passage of Resolution time of 24
- Slowing down the of 24 hours after hours.
operations of any component reporting to
or NAC solution thereof SI/OEM The cap will be 10%.
resulting in delayed alerts, support.
responses, report
generations, etc.
3 Downtime of standby / Response and 1% every one hour after the
HA components resolution time of passage of Resolution time of 24
24 hours after hours.
reporting to
SI/OEM support.
The cap will be 10%.
4 NAC solution Bidder to inform
Penalty of 2% for every
management – Version / Bank team and
fortnight for not informing of
Release/Upgrades / ensure that all
the Bank of latest versions /
Patches components of
release/upgrades/ patch for
NAC – firmware,
NAC solution upon its release.
software, Penalty of 2% for every week
middleware, etc.
for not informing of critical
security patches of NAC
are updated with
solution.
latest firmware,
patches,  Penalty of 2% for every week of
upgrades, delayed updating/patching
beyond mutually agreed upon
release, version,
time schedule for any
etc. as per the
component of NAC once
Bank policy(N-1).
notified by the Bank.
 Cap of 10%
Note: All penalties will be calculated based upon TCO component.

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Annexure 13 -Performance Guarantee
BANK GUARANTEE
(FORMAT OF PERFORMANCE BANK GUARANTEE)
To
Chief Information Security Officer
Bank of Baroda, Baroda Corporate Centre
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 (BOB) 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 in India in your favor 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 account of any breach or breaches on the part of the Bidder of any
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of the terms and conditions contained in the PO and RFP 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 suretyship 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 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.
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8. Any notice by way of demand or otherwise hereunder may be sent by special courier,
fax 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 uncancelled 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 favor 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 14-Bank Guarantee for early release of retention
money
BANK GUARANTEE
(FORMAT OF BANK GUARANTEE)
To
Chief Information Security Officer
Bank of Baroda, Baroda Corporate Centre
Bandra Kurla Complex Bandra (E),
Mumbai 400 051

Dear Sir,
WHEREAS …….………………………………………… (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 (BOB) vide
their Purchase Order no. ……………………………… dated ………………………….
(hereinafter referred to as “PO”) for …………………………….
…………………………………………………………………….

<details of equipment that supplied to be filled in table>

and it has been agreed that a payment of Rs. ……………/- (Rupees


…………………………………… only) will be made to the Bidder representing balance
10% of the consideration amount against the security of a Bank Guarantee from a
Scheduled Commercial Bank.

2. Now this deed of guarantee witnesseth that in consideration of BOB agreeing to release
a sum of Rs. ……………/- (Rupees …………………………………… only)representing
balance 10% of the consideration amount payable to the Bidder in terms of, the said
agreement, we ………………………………. (Bank) having our head office at
………………………………………………… and amongst other places, a branch at
…………………………….. (hereinafter referred to as the guarantor) do hereby expressly,
irrevocably and unreservedly agree and undertake that :
a) In the event of Bidder committing breach of any of the undertakings or committing
default in fulfilling any obligation arising out of said agreement, we
………………………….……. (bank) shall on demand, pay BOB without any demur Rs.
……………/- (Rupees …………………………………… only)and notwithstanding any right
the Bidder may have against BOB or any disputes raised by the Bidder or any suit or
proceedings pending in any competent Court of Law in India or otherwise or before any
arbitrator, and BOB's written demand shall be conclusive evidence to us that such amount

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is payable by us under the said contract and shall be binding in all respects on the
Guarantor.

3. The Guarantor shall not be discharged or released from the aforesaid undertaking and
guarantee by any agreement, variations made between BOB and the Bidder, indulgence
shown to the Bidder by BOB, with or without the consent and knowledge of the Guarantor
or by any alterations in the obligations of the Bidder by any forbearance whether as to
payment, time performance or otherwise.

4. (a) This guarantee shall remain valid until (date which is 3 months after expiry of
warranty period), or until discharged by BOB in writing.
(b) This guarantee shall be a continuing guarantee and shall not be revocable except with
the previous written consent of BOB and save as aforesaid it will be in force until the Bidder
complies with its obligations hereunder.
(c) This Guarantee shall not be affected by any change in the constitution of the Bidder by
absorption with any other body or corporation or dissolution or otherwise and this
guarantee will be available to or enforceable against such body or corporation.

5. In order to give effect to this guarantee, BOB will be entitled to act as if the guarantor
were the principal debtor and the guarantor hereby waives all and any of its rights of
suretyship.

6. This guarantee shall continue to be in force notwithstanding the discharge of the Bidder
by operation of law and shall cease only on payment of the full amount by the guarantor
to BOB of the amount hereby secured.

7. This Guarantee shall be in addition to and not in substitution for any other guarantee or
security for the Bidder given or to be given to BOB in respect of the said contract.

8. Any notice by way of request and demand or otherwise hereunder may be sent by post
or any other mode of communication to the guarantor's address as aforesaid, and if sent
by post, it shall be deemed to have been given at the time when it would be delivered in
due course by post and in proving such notice when given by post it shall be sufficient to
prove that the envelope containing the notice was posted and a certificate signed by an
officer of BOB that the envelope was so posted shall be conclusive.

9. These presents shall be governed by and construed in accordance with Indian Law.
Notwithstanding anything contained herein:

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a) Our liability under this Bank Guarantee shall not exceed Rs. ……………/- (Rupees
…………………………………… only)
b) This Bank Guarantee shall be valid up to (date which is 3 months after expiry of warranty
period) 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
______________ (three months after the date of expiry of the warranty).
d) The guarantor has under its constitution powers to give this guarantee and Shri.
…………………… (signatories) Officials / Managers of the Bank who has/have signed this
guarantee has/have powers to do so.

Dated this ......... day of................ 201 at .................

For and on behalf of........................... (Bank).

Authorized Signatory ...................... in favor of the Bank

Designation ......................

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Annexure 15 – Commercial Bid Format

OTC YEAR YEAR YEAR YEAR YEAR


[Link]/ (One TOTAL
Items 1 2 3 4 5
Service Time
Cost) AMT AMT AMT AMT AMT AMT

Hardware Appliance, in
case of appliance based
deployment

Software Licenses /
Support cost (in case of
VM based solution – VM
will be provided by Bank)

Software Licenses /
Support cost ( for
hardware appliance
based deployment)

License for 65000 end-


points
NAC
Implementation cost
(65000 licenses)

ATS/AMC

Notional License cost for


5000 licenses (If
additional license are
purchased by the Bank)*

Notional Implementation
cost for 5000 licenses (If
additional license are
purchased by the Bank)*

Total (A)

Additional License for


135000

Implementation cost
Optional (135000 licenses)
component
s of NAC Total (B)

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Grand Total (A+B) 0

*Order to successful bidder shall be placed on actual number of license requirement of the
Bank on pro-rata basis.

Techno-Commercial evaluation shall be carried out based on the Total (A) as mentioned in
the commercial bid format.

Note:
1. For each of the above items provided the Bidder is required to provide the cost for
every line item where the Bidder has considered the cost in BOM.
2. The Bidder 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 Bidder would need to
provide the same without any charge. Bidder should make no changes to the
quantity.
3. If the cost for any line item is indicated as zero then it will be assumed by the Bank
that the said item is provided to the Bank without any cost.
4. All Deliverables and Services to be provided as per requirements specified in the
RFP.
5. The cost needs to include for all deliverables, services and other requirement as
mentioned in the RFP
6. The Bidder 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
7. All prices to be in Indian Rupee (INR) only
8. The prices quoted by the bidder shall be all inclusive, that is, inclusive of all taxes,
duties, levies etc. except Goods & Service Tax and Octroi /entry tax (wherever
applicable) will be paid extra. The Goods & Services tax would be paid by the Bank
at actuals. Octroi /entry tax will be paid on actual on production of original receipt.
9. Details of the Bill of material to be provided for HW, appliance, software and
additional component if any proposed for the solution along with the commercial
bid.
10. Implementation Cost should include Implementation, Installation, configuration of
NAC Solution and other activities as defined in the scope of the RFP. The cost
should also include training and other needs as detailed in the RFP.

Authorized Signatory
Name:
Designation:
Bidder’s Corporate Name

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Annexure 16 – Sizing for NAC Solution

 The proposed solution should be a physical appliance / virtual machine


deployed in a cluster environment with N+ 1 redundancy.
 High Availability in DC and High Availability in DR.
 The proposed solution must have RAID redundancy (for hard drives), network
redundancy (for management network interfaces) and Power-Supply
redundancy.
 The proposed solution must have minimum 2 x 1000 GB Ethernet Copper
Ports and must have minimum 2 x 10Gigabit Fiber (LC) interfaces.
 The proposed solution must be easily scalable to support monitoring 200000
devices but should initially support health-check / integration of minimum
65000 End-Points. As such, the solution should handle sustained traffic
throughput of 10Gbps network throughput.
 The proposed solution must be a purpose built 1RU or 2RU rack-mountable
appliance.
 The proposed solution must support onboard retention of logs for a period of
minimum 6 months.

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Annexure 17 – Integrity Pact
PRE CONTRACT INTEGRITY PACT
General
This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on
______ day of _______ month, 20____, between, on one hand, Bank of Baroda, a
body corporate constituted under the Banking Companies (Acquisitions and Transfer
of Undertakings) Act, 1970 having its head office at Mandvi Baroda, and its corporate
office at Baroda Corporate Centre, C-26, G-Block, Bandra Kurla Complex, Bandra
East, Mumbai-400051 (hereinafter called the "BUYER", which expression shall mean
and include, unless the context otherwise requires, his successors in office and
assigns) of the First Part and M/s _________________ represented by Shri ________
, Chief Executive Officer (hereinafter called the "BIDDER/Seller'' which expression
shall mean and include, unless the context otherwise requires, his successors and
permitted assigns) of the Second Part.
WHEREAS the BUYER proposes to procure (Name of the
Stores/Equipment/Item/Services) and the BIDDER/Seller is willing to offer/has offered
the said stores/equipment/item/services and
WHEREAS the BIDDER is a private company/public company/Government
undertaking/partnership/registered export agency, constituted in accordance with the
relevant law in the matter and the BUYER is a Public Sector Undertaking performing
its functions on behalf of the President of India.
NOW, THEREFORE, To avoid all forms of corruption by following a system that is fair,
transparent and free from any influence/prejudiced dealings prior to, during and
subsequent to the currency of the contract to be entered into with a view to :-
Enabling the BUYER to obtain the desired said stores/equipment at a competitive price
in conformity with the defined specifications by avoiding the high cost and the
distortionary impact of corruption on public procurement, and
Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order
to secure the contract by providing assurance to them that their competitors will also
abstain from bribing and other corrupt practices and the BUYER will commit to prevent
corruption, in any form, by its officials by following transparent procedures.
The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:
Commitments of the BUYER
1.1 The BUYER undertakes that no official of the BUYER, connected directly or
indirectly with the contract, will demand, take a promise for or accept, directly or
through intermediaries, any bribe, consideration, gift, reward, favour or any
material or immaterial benefit or any other advantage from the BIDDER, either for
themselves or for any person, organisation or third party related to the contract in
exchange for an advantage in the bidding process, bid evaluation, contracting or

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implementation process related to the contract.
1.2 The BUYER will, during the pre-contract stage, treat all BIDDERs alike, and will
provide to all BIDDERs the same information and will not provide any such
information to any particular BIDDER which could afford an advantage to that
particular BIDDER in comparison to other BIDDERS.
1.3 All the officials of the BUYER will report to the appropriate Government office any
attempted or completed breaches of the above commitments as well as any
substantial suspicion of such a breach.
1.4 In case any such preceding misconduct on the part of such official(s) is reported
by the BIDDER to the BUYER with full and verifiable facts and the same is prima
facie found to be correct by the BUYER, necessary disciplinary proceedings, or
any other action as deemed fit, including criminal proceedings may be initiated by
the BUYER and such a person shall be debarred from further dealings related to
the contract process. In such a case while an enquiry is being conducted by the
BUYER the proceedings under the contract would not be stalled.
Commitments of BIDDERs
2 The BIDDER commits itself to take all measures necessary to prevent corrupt
practices, unfair means and illegal activities during any stage of its bid or during
any pre-contract or post-contract stage in order to secure the contract or in
furtherance to secure it and in particular commit itself to the following:-
2.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift,
consideration, reward, favour, any material or immaterial benefit or other
advantage, commission, fees, brokerage or inducement to any official of the
BUYER, connected directly or indirectly with the bidding process, or to any
person, organisation or third party related to the contract in exchange for any
advantage in the bidding, evaluation, contracting and implementation of the
contract.
2.2 The BIDDER further undertakes that it has not given, offered or promised to give,
directly or indirectly any bribe, gift, consideration, reward, favour , any material or
immaterial benefit or other advantage , commission, fees, brokerage or
inducement to any official of the BUYER or otherwise in procuring the Contract or
forbearing to do or having done any act in relation to the obtaining or execution of
the contract or any other contract with the Government for showing or forbearing
to show favour or disfavour to any person in relation to the contract or any other
contract with the Government.
2.3 BIDDERS shall disclose the name and address of agents and representatives and
Indian BIDDERs shall disclose their foreign principals or associates.
2.4 BIDDERs shall disclose the payments to be made by them to agents/brokers or
any other intermediary, in connection with this bid/contract.
2.5 The BIDDER further confirms and declares to the BUYER that the BIDDER is the
original manufacturer/integrator/authorised government sponsored export entity
and has not engaged any individual or firm or company whether Indian or foreign
to intercede, facilitate or in any way to recommend to the BUYER or any of its
functionaries, whether officially or unofficially to the award of the contract to the
BIDDER, nor has any amount been paid, promised or intended to be paid to any

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such individual, firm or company in respect of any such intercession, facilitation or
recommendation.
2.6 The BIDDER, either while presenting the bid or during pre-contract negotiations
or before signing the contract, shall disclose any payments he has made, is
committed to or intends to make to officials of the BUYER or their family members,
agents, brokers or any other intermediaries in connection with the contract and
the details of services agreed upon for such payments.
2.7 The BIDDER will not collude with other parties interested in the contract to impair
the transparency, fairness and progress of the bidding process, bid evaluation,
contracting and implementation of the contract.
2.8 The BIDDER will not accept any advantage in exchange for any corrupt practice,
unfair means and illegal activities.
2.9 The BIDDER shall not use improperly, for purposes of competition or personal
gain, or pass on to others, any information · provided by the BUYER as part of the
business relationship, regarding plans, technical proposals and business details,
including information contained in any electronic data carrier. The BIDDER also
undertakes to exercise due and adequate care lest any such information is
divulged.
2.10 The BIDDER commits to refrain from giving any complaint directly or through
any other manner without supporting it with full and verifiable facts.
2.11 The BIDDER shall not instigate or cause to instigate any third person to commit
any of the actions mentioned above.
2.12 If the BIDDER or any employee of the BIDDER or any person acting on behalf
of the BIDDER, either directly or indirectly, is a relative of any of the officers of the
BUYER, or alternatively, if any relative of an officer of the BUYER has financial
interest/stake in the BIDDER's firm, the same shall be is closed by the BIDDER
at the time of filing of tender. The term 'relative' for this purpose would be as
defined in Section 6 of the Companies Act 1956.
2.13 The BIDDER shall not lend to or borrow any money from or enter into any
monetary dealings or transactions, directly or indirectly, with any employee of the
BUYER.
3 Previous Transgression
3.1 The BIDDER declares that no previous transgression occurred in the last three
years immediately before signing of this Integrity Pact, with any other company in
any country in respect of any corrupt practices envisaged hereunder or with any
Public Sector Enterprise in India or any Government Department in India that
could justify BIDDER's exclusion from the tender process.
3.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER
can be disqualified from the tender process or the contract, if already awarded,
can be terminated for such reason.
4 Earnest Money (Security Deposit)
4.1 While submitting commercial bid, the BIDDER shall deposit an amount (shall be
specified in RFP) as Earnest Money/Security Deposit, with the BUYER through

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any of the following instruments:
(i) Bank Draft or a Pay Order in favour of Bank of Baroda
(ii) A confirmed guarantee by an Indian Nationalised Bank other than Bank of
Baroda, promising payment of the guaranteed sum to the BUYER on demand
within three working days without any demur whatsoever and without seeking
any reasons whatsoever. The demand for payment by the BUYER shall be
treated as conclusive proof of payment.
(iii) Any other mode or through any other instrument (to be specified in the RFP).
4.2 The Earnest Money/Security Deposit shall be valid upto a period of seven years
or the complete conclusion of the contractual obligations to the complete
satisfaction of both the BIDDER and the BUYER, including warranty period,
whichever is later.
4.3 In case of the successful BIDDER a clause would also be incorporated in the
Article pertaining to Performance Bond in the Purchase Contract that the
provisions of Sanctions for Violation shall be applicable for forfeiture of
Performance Bond in case of a decision by the BUYER to forfeit the same without
assigning any reason for imposing sanction for violation of this Pact.
4.4 No interest shall be payable by the BUYER to the BIDDER on Earnest
Money/Security Deposit for the period of its currency.
5 Sanctions for Violations
5.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it
or acting on its behalf (whether with or without the knowledge of the BIDDER)
shall entitle the BUYER to take all or any one of the following actions, wherever
required:-
5.1.1 To immediately call off the pre contract negotiations without assigning any
reason or giving any compensation to the BIDDER. However, the proceedings
with the other BIDDER(s) would continue.
5.1.2 The Earnest Money Deposit (in pre-contract stage) and/or Security
Deposit/Performance Bond (after the contract is signed) shall stand forfeited
either fully or partially, as decided by the BUYER and the BUYER shall not be
required to assign any reason therefore.
5.1.3 To immediately cancel the contract, if already signed, without giving any
compensation to the BIDDER.
5.1.4 To recover all sums already paid by the BUYER, and in case of an Indian
BIDDER with interest thereon at 2% higher than the prevailing Base Rate of
Bank of Baroda, while in case of a BIDDER from a country other than India with
interest thereon at 2% higher than the LIBOR. If any outstanding payment is
due to the BIDDER from the BUYER in connection with any other contract for
any other stores, such outstanding payment could also be utilised to recover
the aforesaid sum and interest.
5.1.5 To encash the advance bank guarantee and performance bond / warranty
bond, if furnished by the BIDDER, in order to recover the payments, already

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made by the BUYER, along with interest.
5.1.6 To cancel all or any other Contracts with the BIDDER. The BIDDER shall· be
liable to pay compensation for any loss ·or damage to the BUYER resulting
from such cancellation/ rescission and the BUYER shall be entitled to deduct
the amount so payable from the money(s) due to the BIDDER.
5.1.7 To debar the BIDDER from participating in future bidding processes of the
Government of India for a minimum period of five years, which may be further
extended at the discretion of the BUYER.
5.1.8 To recover all sums paid in violation of this Pact by BIDDER(s) to any
middleman or agent or broker with a view to securing the contract.
5.1.9 In cases where irrevocable Letters of Credit have been received in respect of
any contract signed by the BUYER with the BIDDER, the same shall not be
opened.
5.1.10 Forfeiture of Performance Bond in case of a decision by the BUYER to forfeit
the same without assigning any reason for imposing sanction for violation of
this Pact.
5.2 The BUYER will be entitled to take all or any of the actions mentioned at para
6.1(i) to (x) of this Pact also on the Commission by the BIDDER or any one
employed by it or acting on its behalf (whether with or without the knowledge of
the BIDDER), of an offence as defined in Chapter IX of the Indian Penal code,
1860 or Prevention of Corruption Act, 1988 or any other statute enacted for
prevention of corruption.
5.3 The decision of the BUYER to the effect that a breach of the provisions of this
Pact has been committed by the BIDDER shall be final and conclusive on the
BIDDER . However, the BIDDER can approach the Independent Monitor(s)
appointed for the purposes of this Pact.
6 Fall Clause
The BIDDER undertakes that it has not supplied/is not supplying similar product /
systems or subsystems / services at a price lower than that offered in the present bid
in respect of any other Ministry/Department of the Government of India or PSU and if
it is found at any stage that similar product / systems or sub systems / services was
supplied by the BIDDER to any other Ministry/Department of the Government of India
or a PSU at a lower price within a period of one year before and after bid submission
date, then that very price, with due allowance for elapsed time, will be applicable to
the present case and the difference in the cost would be refunded by the BIDDER to
the BUYER, if the contract has already been concluded.
7 Independent Monitors
7.1 The BUYER has appointed Independent External Monitors (hereinafter referred
to as Monitors) for this Pact in consultation with the Central Vigilance Commission.
Name: Mr. Shirish Balakrishna Agarkar (email id: agarkar.bob1@[Link] )
7.2 The task of the Monitors shall be to review independently and objectively, whether
and to what extent the parties comply with the obligations under this Pact.
7.3 The Monitors shall not be subject to instructions by the representatives of the

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parties and perform their functions neutrally and independently.
7.4 Both the parties accept that the Monitors have the right to access all the
documents relating to the project/procurement, including minutes of meetings.
7.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact,
he will so inform the Authority designated by the BUYER.
7.6 The BIDDER(s) accepts that the Monitor has the right to access without restriction
to all Project documentation of the BUYER including that provided by the BIDDER.
The BIDDER will also grant the Monitor, upon his request and demonstration of a
valid interest, unrestricted and unconditional access to his project documentation.
The same is applicable to Subcontractors. The Monitor shall be under contractual
obligation to treat the information and documents of the BIDDER/Subcontractor(s)
with confidentiality.
7.7 The BUYER 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 parties. The parties will offer to
the Monitor the option to participate in such meetings.
7.8 The Monitor will submit a written report to the designated Authority of
BUYER/Secretary in the Department/ within 8 to 10 weeks from the date of
reference or intimation to him by the BUYER I BIDDER and, should the occasion
arise, submit proposals for correcting problematic situations.
8 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.
9 Law and Place of Jurisdiction
This Pact is subject to Indian Law. The place of performance and jurisdiction is the
seat of the BUYER.
10 Other Legal Actions
The actions stipulated in this Integrity Pact are without prejudice to any other legal
action that may follow in accordance with the provisions of the extant law in force
relating to any civil or criminal proceedings.
11 Validity
The validity of this Integrity Pact shall be from date of its signing and extend upto 5
years or the complete execution of the contract to the satisfaction of both the BUYER
and the BIDDER/Seller, including warranty period, whichever is later. In case BIDDER
is unsuccessful, this Integrity Pact shall expire after six months from the date of the
signing of the contract.
11.1 Should one or several provisions of this Pact turn out to be invalid; the
remainder of this Pact shall remain valid. In this case, the parties will strive to

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come to an agreement to their original intentions.

12. The parties hereby sign this Integrity Pact at _______ on ______

BUYER BIDDER

Name of the Officer: Chief Executive Officer

Designation: Department:
Witness Witness
1. _____________________ 1. _________________
2. _____________________ 2. _________________

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