Bank of Baroda NAC Solution RFP
Bank of Baroda NAC Solution RFP
Bank of Baroda
11th December 2018
RFP Reference: BCC:CISO:110:110:256
[A] Important Dates:
# Particulars Timeline
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[B] Important Clarifications:
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.
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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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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
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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.
1.4 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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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.
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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on any idea, information, statement, representation, or warranty given in this RFP
document.
1.11 Standards
All standards to be followed will adhere to Bureau of Indian Standards (BIS)
specifications or other acceptable standards.
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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.
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.
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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.
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.
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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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.
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.
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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.
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Chief Information Security Officer,
Bank of Baroda, Baroda Corporate Centre,
C-26, G-Block, BKC, Mumbai-51
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.
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.
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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.
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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.
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3.3.3 Scope of Work for NAC Solution:-
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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:
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.
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.
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
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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.
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4. Evaluation process
A two bid system is adopted for selection of the vendor:
The vendor needs to achieve the following in the technical evaluation stage to be
qualified for commercial bid opening:
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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
2 BBB 80 100 56 30 86
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.
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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.
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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.
(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.
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bank will not pay the professional fees quoted by the Bidder in the price bid against
such activity / item.
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.
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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.
6.5 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.
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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.
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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.
6.15 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.
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.
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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.
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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.
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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
Authorized Signatory
Name:
Designation:
Bidder’s Corporate Name
Address
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Email and Phone #
Date:
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
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S. Complied
Eligibility Criteria Supporting Required
No (Yes/No)
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S. Complied
Eligibility Criteria Supporting Required
No (Yes/No)
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
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: __________________________
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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
Place :
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Bank of Baroda Confidential Page 68 of 106
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.
Request for Proposal for Supply, Implementation and Maintenance of Network Access Control (NAC) Solution
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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,
Request for Proposal for Supply, Implementation and Maintenance of Network Access Control (NAC) Solution
Bank of Baroda Confidential Page 70 of 106
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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Bank of Baroda Confidential Page 71 of 106
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 :
Authorized Signatory
Name:
Designation:
Bidder’s Corporate Name
Address
Email and Phone #
Date:
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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
Sir,
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 #
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Annexure 08 –Conformity Letter
(This letter should be on the letterhead of the bidder duly signed by an authorized
signatory)
To
Sir,
Further to our proposal dated ………., in response to the Request for Proposal (Bank’s
tender No. hereinafter referred to as “RFP”) issued by Bank of Baroda (“Bank”) we
hereby covenant, warrant and confirm as follows:
We hereby agree to comply with all the terms and conditions / stipulations as contained
in the RFP and the related addendums and other documents including the changes
made to the original tender documents issued by the Bank shall form a valid and
binding part of the aforesaid RFP document. The Bank is not bound by any other
extraneous matters or deviations, even if mentioned by us elsewhere either in our
proposal or any subsequent deviations sought by us, whether orally or in writing, and
the Bank’s decision not to accept any such extraneous conditions and deviations will
be final and binding on us.
Yours faithfully,
Authorized Signatory
Name:
Designation:
Bidder’s Corporate Name
Address
Email and Phone #
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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,
Authorized Signatory
(Name:
Request for Proposal for Supply, Implementation and Maintenance of Network Access Control (NAC) Solution
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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
Sir,
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.
Compliance
[Link]. Description / Specification Remarks
(Yes/No)
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Bank of Baroda Confidential Page 77 of 106
Compliance
[Link]. Description / Specification Remarks
(Yes/No)
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:
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)
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
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Complia
[Link]. Description / Specification Score nce Remarks
(Yes/No)
Reporting
Functional Requirement
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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
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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
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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.
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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.
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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.
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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.).
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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.
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Annexure 12 - Service Levels
Sr. Service Area Accepted Penalty
No. Service Level
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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
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 …………………………….
…………………………………………………………………….
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.
Designation ......................
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Annexure 15 – Commercial Bid Format
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)
ATS/AMC
Notional Implementation
cost for 5000 licenses (If
additional license are
purchased by the Bank)*
Total (A)
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
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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
Designation: Department:
Witness Witness
1. _____________________ 1. _________________
2. _____________________ 2. _________________
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