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REQUEST FOR PROPOSAL (RFP)

FOR

SUPPLY, INSTALLATION & MAINTENANCE

OF 375 SCANNERS

AT VARIOUS BRANCHES / OFFICES

UNDER

RATE CONTRACT

Union Bank of Bank,


Department of Information Technology,
(5th Floor), Technology Centre,
1/1A, Adi Shankaracharya Marg,
Opp. Powai Lake, Powai, Mumbai-400072.
Union Bank of India RFP for Rate Contract for 375 Scanners

TABLE OF CONTENTS
1. INTRODUCTION ........................................................................................................4
2. SCOPE OF WORK .......................................................................................................4
3. ELIGIBILITY CRITERION ..............................................................................................4
4. DOCUMENTATION......................................................................................................5
5. TERMS & CONDITIONS.................................................................................................5
6. BIDDING DOCUMENT ..................................................................................................5
7. COST OF RFP ...........................................................................................................5
8. BID EARNEST MONEY ..................................................................................................6
9. AMENDMENT OF BIDDING DOCUMENTS .............................................................................6
10. TERMS OF EXECUTION ................................................................................................6
11. LOCATIONS TO BE COVERED .........................................................................................7
12. PRICE FREEZING .......................................................................................................7
13. BIDDING PROCESS (TWO STAGE) ....................................................................................7
14. EVALUATION CRITERIA ................................................................................................7
15. COMMERCIAL EVALUATION - THROUGH REVERSE AUCTION ......................................................9
16. RULES FOR RE-AUCTION ..............................................................................................9
17. PRICE COMPOSITION ................................................................................................ 10
18. NO PRICE VARIATION................................................................................................ 10
19. NO COMMITMENT TO ACCEPT LOWEST OR ANY TENDER ....................................................... 10
20. LATE BIDS ............................................................................................................ 10
21. MODIFICATION AND/OR WITHDRAWAL OF BIDS ................................................................. 11
22. BID OPENING & EVALUATION ...................................................................................... 11
23. CLARIFICATIONS OF BIDS ........................................................................................... 11
24. PRELIMINARY EXAMINATION ........................................................................................ 11
25. SIGNING OF CONTRACT ............................................................................................. 12
26. ISSUING OF PO AND BILLING ....................................................................................... 12
27. CONTACTING THE BANK ............................................................................................ 12
28. BANKS RIGHT TO ACCEPT OR REJECT ANY BID OR ALL BIDS .................................................. 12
29. PAYMENT TERMS..................................................................................................... 12
30. DELAYS IN THE SUPPLIERS PERFORMANCE ...................................................................... 12
31. ORDER CANCELLATION.............................................................................................. 12
32. AVAILIBILITY OF SPARES ............................................................................................ 12
33. SUBMISSION OF BIDS ................................................................................................ 13
34. DEADLINE FOR SUBMISSION OF BIDS .............................................................................. 13
35. PATENTS RIGHTS .................................................................................................... 13
36. LIQUIDATED DAMAGES .............................................................................................. 13
37. TERMINATION FOR DEFAULT ....................................................................................... 14
38. TERMINATION FOR INSOLVENCY ................................................................................... 14
39. LIMITATION OF LIABILITY ........................................................................................... 14
40. END OF LIFE .......................................................................................................... 14
41. WARRANTY ........................................................................................................... 14
42. ANNUAL MAINTENANCE CONTRACT (AMC) ....................................................................... 14
43. FORCE MAJEURE ..................................................................................................... 15
44. MAINTENANCE STANDARD EXPECTED ............................................................................. 15
45. UNDERTAKING BY VENDOR ......................................................................................... 15
46. GOVERNING LAW AND DISPUTES .................................................................................. 15
47. JURISDICTION ........................................................................................................ 16
48. ANNEXURE I LETTER OF UNDERTAKING ......................................................................... 17
49. ANNEXURE II PRE QUALIFICATION RATE CONTRACT 2016-2017 ............................................ 18
50. ANNEXURE III ACCEPTANCE OF TERMS AND CONDITIONS ..................................................... 19
51. ANNEXURE IV DECLARATION FOR COMPLIANCE- RATE CONTRACT 2016-2017 ............................. 20
52. ANNEXURE V TECHNICAL REQUIREMENT ........................................................................ 21
53. ANNEXURE VI - BILL OF MATERIAL / PRICE SCHEDULE- RATE CONTRACT 2016-2017 ....................... 22
54. ANNEXURE VII - BIDDERS INFORMATION - RATE CONTRACT 2016-2017....................................... 23
55. ANNEXURE VIII- SERVICE SUPPORT DETAILS AT LOACTIONS TO BE COVERED AS IN POINT 9 .............. 24
56. ANNEXURE IX - FORMAT OF BANK GUARANTEE .................................................................. 25
57. ANNEXURE X (UNDERTAKING BY BIDDER) - RATE CONTRACT 2016-2017 ................................... 26
58. ANNEXURE XI - REVERSE AUCTION RULES - RATE CONTRACT 2016-2017..................................... 27

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Union Bank of India RFP for Rate Contract for 375 Scanners

SUPPLYING, INSTALLING AND MAINTAINING 375 SCANNERS IN VARIOUS BRANCHES /


OFFICES ON PAN INDIA - RATE CONTRACT 2016 - 2017

Bid Details - Rate Contract for 375 Scanners

Date of issue of RFP 27/08/2016 11:00 Hours


Last date and time for seeking clarifi- 03/09/2016 18:00 Hours
cation in writing from Bank
Last date and time for Receipt Of 19/09/2016 16:00 Hours
Bidding Document
Date and Time of Technical Bid Open- 19/09/2016 16:15 Hours
ing
Place of opening of Bids Union Bank of Bank, Department of Information
Technology (5th Floor), Technology Centre, 1/1A
Adi Shankaracharya Marg, Opp Powai Lake, Po-
wai, Mumbai,Pin:400072
Address for communication & Phone As above
nos. Tel:(022) 25710543 / 25710527
Cost of RFP Rs 2,500/- (Rs Two Thousand and Five Hundred
only) in the form of Pay Order / Demand Draft in
favour of Union Bank of India payable at Mumbai.
The Pay Order / Demand Draft should be submit-
ted at the time of bid submission.
EMD Rs 2,00,000/- (Two Lacs only) in the form of Pay
Order or Demand Draft in favour of Union Bank of
India, Department of Information Technology
payable at Mumbai. EMD should be enclosed in
Technical Bid. EMD can also be paid in the form
of Bank Guarantee (BG) of scheduled commercial
Bank (PSU) other than Union Bank of India valid
for 6 months.
Performance Bank Guarantee Performance Bank Guarantee of Rs 5,00,000/-
(Five Lacs only) valid for the period of 3 years
from date of rate contract.
Contact to Bidders Interested Bidders are requested to send the
email to:

awanishkverma@unionbankofindia.com
mkjha@unionbankofindia.com

containing below mentioned information, so that


in case of any clarification same may be issued:

Name of company, contact person, Mailing ad-


dress with Pin Code, Telephone No., Fax No.,
email address, Mobile No. etc.
Note: Bids will be opened in presence of the bidders representative who choose to attend

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Union Bank of India RFP for Rate Contract for 375 Scanners

INSTRUCTIONS TO BIDDER

1. INTRODUCTION
Union Bank of India, a Public Sector Bank (hereinafter referred to as Bank), has its Central
Office at Nariman Point, Mumbai-400021 and Technology Centre at Adi Shankaracharya Marg,
Powai, Andheri (East), Mumbai-400072. The Bank is having more than 4200 branches and ad-
ministrative offices spread across the country apart from branches and representative offices
abroad. The Bank requires 375 Scanners of specified configuration for branches / offices on
PAN India basis. Offers for Rate Contract are invited from reputed vendors for supplying, in-
stalling of scanner (with scanner driver) and Banks scanning software, commissioning and
maintaining of scanners.

2. SCOPE OF WORK
1. Delivery, installation of A4 Automatic Document Feeder (ADF) Scanner with scanner
driver, installation of Banks scanning software and commissioning scanners of speci-
fied configuration at branches/offices as per location specified.
2. Bank is using OmniDocs, OmniScan and other solution from M/s Newgen's Software
Technologies Ltd. on Document Management System's solution. Proposed scanner
should be compatible with the said software. It is the responsibility of bidder to dem-
onstrate the compatibility with the said software. For this purpose Bank will give one
week time as part of technical evaluation. Date and time will be decided by the Bank.
Request for change, if any, will not be entertained. On 300 DPI, 3 pages of A4 size
black & white scanned image should not exceed 270 KB using M/s Newgen scanning
tool.
3. Providing service and onsite support during warranty period and post-warranty period
as per Banks requirement.
4. The offer must include comprehensive on-site warranty of three years from the date
of installation and commissioning of the each equipment separately and thereafter
during the AMC period.
5. All the parts of items would be covered under comprehensive warranty/AMC except
consumables. Vendor has to provide the list of consumables parts, which are not cov-
ered under warranty and AMC period.
6. Vendor shall be fully responsible for the manufacturers warranty in respect of proper
design, quality and workmanship of equipment, accessories etc. covered by the offer.
Vendor must warrant all equipment, accessories, spare parts etc., against any manu-
facturing defects during the warranty period. During the warranty period vendor shall
maintain the equipment and repair/replace all the defective components at the in-
stalled site, at no additional charge to the Bank.

3. ELIGIBILITY CRITERION
1. Bidder should be a registered company in India, registered under the Companies act
1956 and have operation in India.
2. Bidder should be an Original Equipment Manufacturers (OEM) or an authorized repre-
sentative of the OEM. In case of Authorized Representative, letter of authorization
should be submitted along with technical bid. The authorization letter should men-
tion that if authorized representative fails to meet the obligation for items supplied
under this tender, then OEM would be responsible for all obligations as per contract
terms.
3. Bidder should be in business of scanner in India for minimum 2 years i.e. must be in
scanner business prior to March 2014.

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Union Bank of India RFP for Rate Contract for 375 Scanners

4. The bidder should be a company incorporated in India having an annual turnover of


minimum Rs. 2.00 crore in last three financial years as per the audited balance sheet
available at the time of submission of tender. This must be the individual company
turnover and not that of any group of companies.
5. Bidders should have made operating profit (Earnings before interest & taxes) at least
in 2 Financial Years out of 3 Financial Years i.e. 2013-14, 2014-15, 2015-16.
6. Bidder /OEM should have supplied at least 100 scanners of proposed OEM in last one
year (as on bid submission date).
7. Bidder or their OEM or their authorized partner should have their support center at
least 15 locations where Bank has their Regional offices. The list of Regional Offices is
given in point no 11 of RFP. The list should be provided with the Technical Bid.
8. The bidder should not have been black listed by any of Government Authority or Pub-
lic Sector Undertaking (PSUs). The bidder shall give an undertaking (on their letter
head) that they have not been black listed by any of the Govt. Authority or PSUs as on
date of submission of the tender, otherwise the bid will not be considered (Please
submit the declaration as per Annexure - X).

Note: Required Documentary Proof is to be submitted against above eligibility criteria along with
technical bid.

4. DOCUMENTATION
Bidder must comply with the above mentioned criteria. Non-compliance of any of the criteria
can entail rejection of the offer. Photocopies of relevant documents/certificates should be
submitted as proof in support of the claims made for each of the above mentioned criteria.
The Bank reserves the right to verify /evaluate the claims made by the vendor independently.
Any misrepresentation will entail rejection of the offer.

5. TERMS & CONDITIONS


Whether the OEM or the Authorized Representative is bidding, the bidder along with OEM
should have technical presence at least in 15 locations as specified under Point no. 11. In
case of non availability of technical support at the specified places, the bidder by them-
selves or through their OEM should be in a position to attend to the call within 24 hours from
the nearest site. Mapping of locations with the support office should be provided.

6. BIDDING DOCUMENT
The Bidder is expected to examine all instructions, forms, terms and conditions and technical
specifications in the Bidding Documents. Failure to furnish all information required by the
Bidding Documents or submission of a bid not substantially responsive to the Bidding Docu-
ments in every respect will be at the Bidders risk and may result in the rejection of its bid.

7. COST OF RFP
The RFP document can be downloaded from the Bank's website and will be available at the
Technology Centre at Adi Shankaracharya Marg, Opp. Powai Lake, Powai, Andheri (East),
Mumbai, 400 072. In both cases an amount of Rs. 2,500.00 (non-refundable) by means of a
demand draft issued by a scheduled commercial bank favoring Union Bank of India, payable at
Mumbai, should be submitted at the time of submission of the bids.

The detailed information, eligibility norms and tender document shall also be available during
aforesaid period at the Banks website www.unionbankofindia.co.in and
www.govtenders.nic.in. The Pay Order / Demand Draft should be submitted at the time of bid
submission.

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Union Bank of India RFP for Rate Contract for 375 Scanners

8. BID EARNEST MONEY


1. The Vendor shall furnish, as a part of the Tender Document, a bid security for an
amount of Rs.2.0 lac (Rupees Two lac only) in the form of a demand draft / Pay order
or Bank Guarantee (valid for Six months) obtained from a scheduled commercial bank
other than Union Bank of India drawn in favor of Union Bank of India payable at Mum-
bai.
2. The bid security should form part of the Tender Documents (Technical Offer) submit-
ted by the Vendor. Failure to comply with this condition viz., Bid Security of Rs.2.0
lac, shall result in summarily rejection of the tender offer. SUBMISSION OF THE bid
security IN THE Indicative Commercial offer SHALL RENDER THE BID BEING REJECTED
ON THE GROUNDS OF NON-SUBMISSION OF THE BID SECURITY.
3. The bid security of unsuccessful Vendors shall be returned, only after the successful
completion of the tender process.
4. RFP Cost & EMD will be exempted for bidders who are registered under NSIC, Gov-
ernment of India for participating in Govt/ PSU tenders.
5. EMD of successful bidder will be returned on submission of Performance Bank Guaran-
tee as mentioned below.
6. The successful bidder have to submit the Performance Bank Guarantee valid upto 3
years of Rs. 5,00,000/-(Five lakhs only) immediately after awarding rate contract. On
submission of Performance Bank Guarantee, EMD will be released.

9. AMENDMENT OF BIDDING DOCUMENTS


1. At any time prior to the deadline for submission of bids, the Bank may, for any rea-
son, whether at its own initiative or in response to a clarification requested by a
prospective bidder, modify the Bidding documents by amendments.
2. Amendments, if any, will be notified to all prospective Bidders, who have received
the Bidding documents and will be binding on them.
3. In order to provide, prospective Bidders, reasonable time to take the amendment into
account in preparing their bid, the Bank may, at its discretion, extend the dead line
for submission of bids.

10. TERMS OF EXECUTION


1. This RFP is for rate contract of 375 scanners which is valid for 1 year from date of is-
suing of 1st PO by the Bank.
2. During the rate contract validity various Regional Offices / DIT / Central Office of the
Bank will place the order / delivery instruction as per requirements.
3. Bank may give order / delivery instruction for any quantity for any of its branches.
4. The quantity indicated in RFP is only indicative quantity. The actual quantity of order
/ delivery instruction may vary from indicative quantity mention in RFP.
5. The successful bidder shall deliver the scanners within 6 weeks from the date of the
Purchase Order (PO) at the branches/offices as per details of delivery locations to be
provided by our Administrative/Regional Offices. In case of delay in delivery of scan-
ners, penalty will be charged as mentioned in Liquidated Damages clause.
6. The bidder shall install the scanners within one week after delivery at the respective
locations as per Banks requirement and make them operational after configuring
with Banks Software. The bidder shall provide service support as and when required
during the warranty period of 3 years and AMC period of 2 years.
7. The vendor shall install these Scanners as per Banks requirement and make them op-
erational with Software at the respective locations. The vendor has to ensure instal-
lation of scanner (with scanner driver), Banks scanning software and commissioning

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Union Bank of India RFP for Rate Contract for 375 Scanners

scanners in the PC attached to the scanner. The vendor shall provide service support
as and when required during the warranty period of 3 years and thereafter through
AMC for 2 years.

11. LOCATIONS TO BE COVERED


The delivery and installation of scanners is to be done at around 375 different
branches/offices on PAN India basis. Details of delivery locations will be provided to success-
ful bidder by various Regional Offices / DIT / PB&OD of the Bank during one year period from
the Purchase Order date. Preferable locations would be Branches/Offices under the Regional
Offices of the Bank at Agra, Ahmedabad, Bangalore, Baroda, Chandigarh, Coimbatore, Chen-
nai, Dehradun, Delhi, Gorakhpur, Howrah, Hyderabad, Indore, Jabalpur, Jaipur, Jalandhar,
Kanpur, Karnal, Kolkata, Kozhikode, Lucknow, Ludhiana, Mangalore, Madurai, Meerut, Mum-
bai, Nagpur, Patna, Pune, Raipur, Salem, Sambalpur, Siliguri, Trivandrum, Udaipur, Varanasi
etc.

12. PRICE FREEZING


The price finalized shall remain valid for a period of 1 year from the date of 1st purchase
order.

13. BIDDING PROCESS (TWO STAGE)


For the purpose of the present RFP, a two-stage bidding process will be followed. The re-
sponse to the present tender will be submitted in two parts, Technical Bid containing the
General Terms and Conditions including Compliance to Technical Specifications and Commer-
cial Bid containing the Commercial Bid. The bidder will have to submit the Technical Bid and
Commercial Bid separately in sealed envelopes, duly mentioned "TECHNICAL BID FOR RATE
CONTRACT FOR 375 SCANNERS and INDICATIVE COMMERCIAL BID FOR RATE CONTRACT
FOR 375 SCANNERS as the case may be.

TECHNICAL BID will contain the Bidders information in the format as given in this document.
TECHNICAL BID will NOT contain any pricing or commercial information at all.

In the first stage, only TECHNICAL BID will be opened and evaluated. Bidders satisfying the
technical requirements as determined by the Bank and accepting the terms and conditions of
this document shall be short-listed for commercial evaluation.

Under the second stage, the Indicative COMMERCIAL BID of only those bidders, whose tech-
nical bids are qualified, will be opened.

The bid should be typed or written in indelible ink and should be signed by the Bidder or a
person duly authorized to bind the bidder to the contract. The authorization shall be indi-
cated by written power of attorney accompanying the Bid. All pages of the bid except un-
amended printed literature shall be initialed by the person or persons signing the Bid.

The bid should contain no interlineations, erasures or over writing except as necessary to cor-
rect errors made by the Bidder, in which case such corrections should be initialed by the per-
son or persons singing the bid. The bidder should quote the price for each item required by
Bank.

14. EVALUATION CRITERIA


A) Technical Bids:
1. The Technical offer (TO) should be complete in all respects and contain all informa-
tion asked for in this document. It should not contain any price information. However

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Union Bank of India RFP for Rate Contract for 375 Scanners

TO should confirm that all required rates have been quoted in Commercial Offer (CO),
without showing the actual amounts in the TO. Any software(s) supplied free along
with the system must be indicated separately and specifically.
2. The TO must be submitted in an organized and structured manner. No bro-
chures/leaflets etc. should be submitted in loose form.
3. The TO should comprise of following:
i. Letter of Undertaking as per Annexure-I
ii. Pre-qualification criteria- Annexure-II
iii. Acceptance of Terms and Conditions as per Annexure-III
iv. Declaration for Compliance as per Annexure-IV
v. Technical requirement as per Annexure-V.
vi. Bill of Material / Un-priced Price Schedule AnnexureVI
vii. Service Support Details as per Annexure-VII
viii. Bidders Information as per Annexure-VII
ix. Undertaking by Bidder as per Annexure-X
x. Note: All the annexure should be submitted duly signed with seal of the com-
pany. (All these documents to be filed in one file.) Photocopies of relevant
documents / certificates as proof in support of various information submitted
in aforesaid annexure and other claims made by the vendor (to be filed sepa-
rately).
xi. Product Brochures, leaflets, manuals etc. (To be filed separately.)
xii. An undertaking (on letter head) that the Firm has not been black listed by
any of the Government Authority or PSUs.

4. Bank reserves the right to reject an offer under any of the following circumstances:
i. Cost of RFP not submitted.
ii. Bid security is not submitted.
iii.Offer is incomplete and/or not accompanied by all stipulated documents.
iv. Offer is not in conformity with the terms and conditions stipulated in this docu-
ment.
v. Specifications stipulated in Annexure-V are not met with. However, deviations
resulting in higher/superior configuration will be accepted.
vi. Unpriced Commercial Offer is not submitted along with Technical Offer.
vii. Unpriced Commercial Offer format differs from actual Commercial Offer for-
mat,

5. If required, normalization of TCO would be undertaken on the basis of technical eval-


uation, before opening the Commercial Offers.

6. For Technical evaluation, bidder will have to provide a scanner quoted for demonstra-
tion / testing as per Banks software requirement. The bid will be short listed for fur-
ther evaluation on successful testing of Bank's software.

B) Indicative Commercial Bids:


a) Commercial bids of only technically qualified short listed bidders will be opened.
b) Banks evaluation of the indicative commercial bids will take into account the sta-
tus of compliance of terms and conditions.

C) Determination of L1 Bidder and Awarding of Contract:

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Union Bank of India RFP for Rate Contract for 375 Scanners

On completion of evaluation process of Indicative commercial bids, Bank will conduct the re-
verse auction through an outside agency as per Business Rules given in annexure XI and con-
tract will be awarded to lowest bidder.

15. COMMERCIAL EVALUATION - THROUGH REVERSE AUCTION


For finalization of the most competitive offer, the Bank will conduct Reverse auction. The
detailed procedure and Business rules for the Reverse auction is given as per Annexure- XI and
are also available on Banks web site.

The technically qualified vendors will participate in the Reverse auction process that will be
conducted by an Auction company authorized by the Bank. Specific rules for this particular
event viz, date and time, start price, bid decrement value, duration of event etc. shall be
informed by the Auction Company to the participating vendors before the event. The vendors
should furnish indicative prices for the project in their Indicative Commercial Bid to facilitate
finalizing the start bid for Reverse auction.

For Reverse Action, Bank will decide the start bid value based on the past experience, indica-
tive price offered by the bidders (after normalization if any) and market report. Vendors
should note that the indicative commercial bid is considered for the purpose of conducting
Reverse auction process only. The L-1 vendor will be decided only later, on finalization of
prices through Reverse auction.

The L-1 vendor emerging at the end of the Reverse Auction process shall be required to sub-
mit the break-up of his Final price (last bid price) again in Annexure-VI. Failure or refusal to
offer the services/goods at the price committed through Reverse Auction shall result in forfeit
of the EMD to Bank, which please note.

The final decision on the vendor will be taken by Bank. The implementation of the project
will commence upon selection of successful vendor and contract between Bank and the se-
lected vendor.

Union Bank reserves the right to reject any or all proposals. Similarly, it reserves the right
not to include any vendor in the final short-list.

16. RULES FOR RE-AUCTION


Bank may consider the option of a Re-Auction in following circumstances:

1. During the process of reverse auctions, if there is either no bids from logged in ven-
dors or only one vendor puts up bid/s, Bank may decide a re-auction by taking fresh
Indicative prices from all qualified vendors in sealed cover only, to amend the start
price for Re-auction.
2. In case the start price for the Reverse Auction event is decided by Bank and there are
no bids or only one bid/s by a single vendor in the Reverse Auction, Bank may decide
Re-Auction while further amending the start price.
3. Reverse auction will be valid only if two or more bidders are participating in the re-
verse auction event.
4. Bank shall ensure that after unsuccessful re-auction for a particular tender, it shall be
ensured that open bids are invited so that a combination of pool and cartels is not
formed by the same set of bidders to continuously beat down start price either by not

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Union Bank of India RFP for Rate Contract for 375 Scanners

participating or by ensuring only one bidder participates in the reverse auction


process.

17. PRICE COMPOSITION


1. The price quoted should be in Indian Rupees on a fixed price basis. However, there
will be no increase in price during the contract period of 1 year.
2. The prices should be inclusive of all taxes, duties, levies including Service Tax on AMC
etc., except octroi / entry tax, if any, which will be payable at actual.
3. The vendor should submit tax invoice showing Excise Duty/Counter Veiling Duty (CVD)
amount separately for payment.
4. The prices quoted should also include charges towards freight, forwarding, delivery,
installation, transit insurance charges till installation, commissioning of equipment.
5. The prices for AMC will be frozen for period of 2 years, after the expiry of warranty
period of three years.
6. The vendors should quote prices strictly as per the price composition stated above
failing which the offers are likely to be rejected.
7. This prices quoted under unit price will be used for quantity mention in RFP.
8. AMC cost should be in the range of 6% to 8% of scanner cost.
9. Since Bank is looking at a contract period of 5 years, and avail the services over a pe-
riod, if there is any upward or downward revision on service tax & VAT / sale tax, the
same shall be to the Banks account.
10. The numbers of units mentioned above are notional for arriving at L1 value. The actual
numbers of units may vary and purchase order shall be placed in phased manner based
on actual requirements of the Bank from time to time during the contract period.

18. NO PRICE VARIATION


1. The commercial offer shall be on a fixed price basis. No upward revision in the price
would be considered on account of subsequent increases in customs duty, excise tax,
sales tax etc. during the offer validity period. Any upward or downward revision on
service tax / VAT / CST will be on the account of Bank. However, if there is any reduc-
tion on account of government levies, during the offer validity period, the same shall
be passed on to the Bank. Bidder has to provide the support document in respect to
increase or decrease of service tax / VAT / CST.
2. Since Bank is looking at a rate contract period of 1 year, and avail the services over a
period, if there is any upward or downward revision on service tax & VAT / sale tax
during the ONE year period of the rate contract, the same shall be to the Banks ac-
count. Baring service tax & VAT / sale tax, no changes in other tax will be to Banks
account.

19. NO COMMITMENT TO ACCEPT LOWEST OR ANY TENDER


The Bank shall be under no obligation to accept the lowest or any other offer received in re-
sponse to this tender and shall be entitled to reject any or all offers without assigning any
reason whatsoever.

20. LATE BIDS


Any bid received by the Bank after the deadline for submission of bid prescribed by the Bank
will be rejected and/or returned unopened to the Bidder, if bidder desire so.

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Union Bank of India RFP for Rate Contract for 375 Scanners

21. MODIFICATION AND/OR WITHDRAWAL OF BIDS


The bidder may modify or withdraw its bids submission, provided that written notice of the
modification or withdrawal is received by the Bank prior to the deadline prescribed for sub-
mission of bids.

The Bidders modification or withdrawal notice shall be prepared, sealed, marked and deli-
vered in accordance to the provision of Para Submission of Bids, with the envelope addi-
tionally marked MODIFICATION or WITHDRAWAL as appropriate. The withdrawal notice
may also be sent by fax but followed by a signed confirmation copy, post marked not later
than the deadline for submission of bids.

No bid will be modified /withdrawn after the deadline for submission of bids. No bidder shall
be allowed to withdraw the bid, if bidder happens to be successful bidder.

22. BID OPENING & EVALUATION


Technical Offers will be opened as scheduled and as mentioned above. The representative of
the bidder can be present for the opening of the Technical Offers. No separate intimation will
be given in this regard to the bidders, for deputing their representative.

Bank will open the Technical Bid, in the presence of Bidders representative who choose to
attend, at the time and date mentioned in Bid document at the address mentioned in Para
Submission of Bids.

The bidders representatives who would be present during bid opening shall sign register evi-
dencing their attendance. In the event of the specified date of bid opening being declared a
holiday for Bank, the bids shall be opened at the appointed time and place on next working
day.

23. CLARIFICATIONS OF BIDS


To assist in the examination, evaluation and comparison of bids Bank may, at its discretion,
ask the bidder for clarification and response shall be in writing and no change in the price or
substance of the bid shall be sought, offered or permitted.

24. PRELIMINARY EXAMINATION


Bank will examine the bids to determine correctness on computational errors made, if any,
and completeness of required information provided as underlined in the bid document, docu-
ments properly signed and bids are generally in order. Bids from agents without proper autho-
rization from the manufacturer on authorization letter shall be treated as non-responsive.

Arithmetical errors will be rectified on the following basis. If there is a discrepancy between
unit price and the total price that is obtained by multiplying the unit price and quantity, the
unit price shall prevail and total price shall be corrected. If the supplier does not accept the
correction of the errors, the bid will be rejected. If there is discrepancy between words and
figures, the amount in the words will prevail.

The bid determined as not substantially responsive will be rejected by the Bank and may not
be made responsive by the bidder by correction of the non-conformity.

The Bank may waive any minor informality or non-conformity or irregularity in a bid, which
does not constitute a material deviation, provided such waiver does not prejudice to affect
the relative ranking of any bidder.

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Union Bank of India RFP for Rate Contract for 375 Scanners

25. SIGNING OF CONTRACT


The successful bidder shall be required to enter into a contract with Union Bank of India,
within 30 days of the award of the Purchase Order or with in such extended period as may be
specified. The empanelment of vendor under the rate contract will be valid for one year from
the date of first purchase order, extendable for one more year.

26. ISSUING OF PO AND BILLING


The billing and payment shall be done locally at respective Regional Offices / Departments
issuing the purchase order under the rate contract. The terms & condition will be remaining
same for each purchase order issued under rate contract.

27. CONTACTING THE BANK


Any effort by bidder to influence the Bank in Banks bid evaluation, bid comparison or con-
tract award decision may result in the rejection of the Bidders bid.

28. BANKS RIGHT TO ACCEPT OR REJECT ANY BID OR ALL BIDS


The Bank reserves the right to accept or reject any bid and annul the bidding process and re-
ject all bids at any time prior to award of contract, without thereby incurring any liability to
the affected bidder or bidders or any obligation to inform the affected bidder or bidders of
the ground for the Banks action.

29. PAYMENT TERMS


1. Payment will be released by the respective Regional Office (ROs)/Administrative Offices
who will place order for supply of scanners.
2. No advance payment against purchase order.
3. Payment will be released on submission of tax invoice showing Excise Duty/Counter Veil-
ing Duty (CVD) amount separately.
4. 65% of the value of the purchase order will be paid after delivery at the site. The payment
will be made against delivery challans and tax invoices duly signed by the Bank officials.
5. 35% of the value of the purchase order will be paid after successful completion of installa-
tion and based on the satisfactory performance of scanners, onsite support & service for a
period of one month from date of installation.
6. The successful bidder has to submit Performance bank Guarantee valid up to 3 years
of Rs. 5.00 lac (Five Lac only) after awarding the rate contract and on submission of Per-
formance Bank Guarantee, EMD amount will be released.

30. DELAYS IN THE SUPPLIERS PERFORMANCE


Delivery of the goods and performance of the Services shall be made by the supplier in accor-
dance with the time schedule specified by Bank. Any delay in performing the obligation by
the supplier will result in imposition of liquidated damages, as mentioned in point 36 below,
and/or termination of rate contract for default.

31. ORDER CANCELLATION


1. If the vendor fails to deliver and/or install the equipment within the stipulated time
schedule or the extended date communicated by the Bank, it will be a breach of con-
tract.
2. The Bank reserves its right to cancel the order in the event of delay in delivery / in-
stallation / commissioning of equipment.
32. AVAILIBILITY OF SPARES
Spares for the product offered should be available for at least 2 years from the date of PO
after expiring of warranty period of 3 years.

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Union Bank of India RFP for Rate Contract for 375 Scanners

33. SUBMISSION OF BIDS


The bidders shall duly seal each envelope. The bid should be addressed at the following ad-
dress:-

The Dy.General Manager,


Union Bank of India,
Department of Information Technology (5th Floor),
Technology Centre, 1/1A Adi Shankaracharya Marg,
Opposite Powai Lake, Powai,
Mumbai 400072

34. DEADLINE FOR SUBMISSION OF BIDS


Bid must be received by the Bank at the address specified in Bid Document not later than the
specified date and time. In event of the specified date for submission of bids being declared a
holiday for the Bank, the bids will be received up to appointed time on next working day.

Bank may, at its discretion, extend this deadline for submission of bids by amending the ten-
der document.

35. PATENTS RIGHTS


The supplier shall indemnify the Bank against all third party claims of infringement of patent,
trademark or industrial design rights arising from use of the Goods, or any part thereof in In-
dia.

The supplier shall, at their own expense, defend and indemnify the Bank against all third par-
ty claims or infringement of intellectual Property Right, including Patent, trademark, copy-
right, trade secret or industrial design rights arising from use of the products or any part the-
reof in India or abroad.

The supplier shall expeditiously extinguish any such claims and shall have full rights to defend
it there from. If the Bank is required to pay compensation to a third party resulting from such
infringement, the supplier shall be fully responsible for, including all expenses of the court
and legal fees.

The Bank will give notice to the Supplier of any such claim without delay, provide reasonable
assistance to the Supplier in disposing of the claim, and shall at no time admit to any liability
for or express any intent to settle the claim. The Supplier shall grant to the Bank a fully paid-
up, irrevocable, non-exclusive license throughout the territory of India or abroad to access,
replicate and use software (and other software items) provided by the supplier, including-all
inventions, designs and marks embodied therein in perpetuity.

36. LIQUIDATED DAMAGES


1. Notwithstanding the Bank's right to cancel the order, liquidated damages at 0.5 % of
the cost of such equipments per week/per site will be charged for delay in delivery of
the equipment beyond the specified delivery period subject to a maximum of 5% per
site basis. Bank reserves its right to recover these amounts by any mode such as ad-
justing from any payments to be made by the Bank to the company. Part of week will
be treated as a week for this purpose.
2. However, the Bank may, at its discretion, waive the liquidated damages in case the
delay cannot be attributed to the vendor.

Page 13
Union Bank of India RFP for Rate Contract for 375 Scanners

37. TERMINATION FOR DEFAULT


The Bank, without prejudice to any other remedy for breach of Contract, by written notice of
default sent to the Bidder, may terminate this Contract in whole or in part, if the Bidder fails
to perform any obligations(s) under the Contract.

In the event of the Bank terminating the Contract in whole or in part, the Bank may procure,
upon such terms and in such manner, as it deems appropriate, services similar to those
undelivered, and the Bidder shall be liable to the Bank for any excess costs for such similar
services.

38. TERMINATION FOR INSOLVENCY


The Bank may at any time terminate the Contract by giving written notice to the Vendor, if
the Vendor becomes bankrupt or otherwise insolvent. In this event, termination will be with-
out compensation to the Bidder, provided that such termination will not prejudice or affect
any right of action or remedy, which has accrued or will accrue thereafter to the Bank.

39. LIMITATION OF LIABILITY


Vendors aggregate liability under the contract shall be limited to a maximum of the Contract
value. This limit shall not apply to third party claims for 1) IP infringement indemnity; 2) bo-
dily injury (including death) and damage to real property and tangible personal property
caused by vendors gross negligence. For the purpose of this section, Contract value at any
given point of time, means the aggregate value of the purchase orders placed by Bank on the
vendor that gave rise to claim, under this tender. Vendor shall not be liable for any indirect,
consequential, incidental or special damages under the agreement/ purchase order.

40. END OF LIFE


The vendor is required to propose only those products which would not be declared end of
life within rate contract period. However, in case where the OEM decides to phase out the
proposed model, the vendor is required to substitute the product with another product (mod-
ule with equivalent or better configuration at no extra cost or changes to UBI). The vendor
must inform well in advance about such changes. In case no substitute module is available,
the notice for discontinuation shall be given in writing at least one month prior to such dis-
continuation by the OEM.

41. WARRANTY
1. The offer must include comprehensive on-site warranty of three years from the date
of installation and commissioning of the each equipment separately.
2. Vendor shall be fully responsible for the manufacturers warranty in respect of proper
design, quality and workmanship of equipment, accessories etc. covered by the offer.
Vendor must warrant all equipment, accessories, spare parts etc., against any manu-
facturing defects during the warranty period. During the warranty period vendor shall
maintain the equipment and repair/replace all the defective components at the in-
stalled site, at no additional charge to the Bank.

42. ANNUAL MAINTENANCE CONTRACT (AMC)


1. The vendor will have to maintain the equipment supplied for at least two years after
the expiry of warranty period at the same rate quoted in Commercial Offer. The ven-
dor is expected to ensure same maintenance standards as (mentioned below) rendered
during warranty period.

Page 14
Union Bank of India RFP for Rate Contract for 375 Scanners

2. At the same time, the vendor is also expected to make available the spare parts for
the systems for at least two years after the expiry of warranty period. If any of the pe-
ripherals, components etc. are not available or difficult to procure or if the procure-
ment is likely to be delayed, the replacement shall be carried out with equipment of
equivalent capacity or higher capacity at no additional charges to the Bank, during the
currency of warranty period and AMC.
3. AMC charges on scanner will be paid by respective ROs/Administrative Offices half
yearly on arrears after expiry of period.

43. FORCE MAJEURE


Notwithstanding the above provisions, the Successful bidder shall not be liable for penalty or
termination for default if and to the extent that its delay in performance or other failure to
perform its obligations under the Contract is the result of an event of Force Majeure. For pur-
poses of this clause, "Force Majeure" means an event beyond the control of the Vendor and
not involving the Vendor's fault or negligence and not foreseeable. Such events may include,
but are not restricted to, wars or revolutions and epidemics. If a Force Majeure situation aris-
es, the Vendor shall promptly notify the Bank in writing of such condition and the cause the-
reof. Unless otherwise directed by the Bank in writing, the Bidder shall continue to perform
its obligations under the Contract as far as is reasonably practical, and shall seek all reasona-
ble alternative means of performance not prevented by the Force Majeure event.

44. MAINTENANCE STANDARD EXPECTED


1. The vendor should ensure that the Scanner reported down (including due to OS related
problems) on any working day is set right within 24 hours from the reporting of fault
and in no case later than 48 hours from reporting of fault. In case, the Scanner cannot
be repaired within the stipulated period, the vendor should provide replacement of
the same till the Scanner is returned duly repaired. In case the vendor cannot rectify
the problem, a penalty of Rs.200/- per day per case will be charged. Such penalty
may be recovered from the amount payable to the vendor on half yearly AMC charges
to be paid by the Bank or Bank may invoke the performance Bank guarantee to recover
the penalty maximum limit 10% of price of scanner.
2. If Bank requires re-installing scanning application along with any drivers, the vendor is
required to honour the same without any additional charges during Warranty and AMC
period.

45. UNDERTAKING BY VENDOR


The successful bidder must give an undertaking signed by the Authorized signatory of the Firm
that all components used in the machines supplied are original and not re-furbished. This
must be submitted along with the Invoices.

46. GOVERNING LAW AND DISPUTES


All disputes or differences whatsoever arising between the parties out of or in relation to the
construction, meaning and operation or effect of these Tender Documents or breach thereof
shall be settled amicably. If however the parties are not able to solve them amicably, the
same shall be settled by arbitration in accordance with the provisions of Arbitration and Con-
ciliation Act1996 or any statutory modifications or re-enactments thereof and the rules made
there under and for the time being in force, shall apply to the arbitration proceedings. The
arbitrator shall be appointed with the mutual consent of both the parties. Any appeal will be
subject to the exclusive jurisdiction of the courts at Mumbai.

Page 15
Union Bank of India RFP for Rate Contract for 375 Scanners

During the arbitration proceedings the Vendor shall continue to work under the Contract un-
less otherwise directed in writing by the bank or unless the matter is such that the work can-
not possibly be continued until the decision of the arbitrator or the umpire, as the case may
be, is obtained.

The venue of the arbitration shall be Mumbai.

47. JURISDICTION
The Jurisdiction of the courts shall be Mumbai.

Page 16
Union Bank of India RFP for Rate Contract for 375 Scanners

ANNEXURE I LETTER OF UNDERTAKING

Letter of Undertaking on Company Letter head


To

The Dy.General Manager,


Union Bank of India,
Department of Information Technology (5th Floor),
Technology Centre, Adi Shankaracharya Marg,
Opposite Powai Lake, Powai,
Mumbai 400072

Sir,

Reg. Our bid for 375 Scanners at Various Branches/Offices under DMS - Rate Contract
2016-2017

We submit our Bid Document herewith.

We understand that
You are not bound to accept the lowest or any bid received by you, and you may re-
ject all or any bid.
If our Bid for the above job is accepted, we undertake to enter into and execute at
our cost, when called upon by the Bank to do so, a contract in the prescribed form.
Unless and until a formal contract is prepared and executed, this bid together with
your written acceptance thereof shall constitute a binding contract between us.
The bidder shall be responsible for performance of contract.
You may accept or entrust the entire work to one vendor or divide the work to more
than one vendor without assigning any reason or giving any explanation whatsoever.
Vendor means the bidder who is decided and declared so after examination of com-
mercial bids.
Names of shortlisted bidders after the completion of first stage (Technical Bid), and
the same of successful bidder to whom the contract is finally awarded after the com-
pletion of second stage (Commercial Bid), shall be displayed on the Notice Board of
the Bank at Union Bank of India, Technology Centre, Department of Information Tech-
nology, Adi Shankaracharya Marg, Opposite Powai Lake, Powai, Mumbai.

Dated at ____________this _______________day of __________2016

Yours faithfully,

For______________________

Signature_________________

Name____________________

Page 17
Union Bank of India RFP for Rate Contract for 375 Scanners

48. ANNEXURE II PRE QUALIFICATION RATE CONTRACT 2016-2017

The minimum qualification criteria for the bidders are as under: -

Pre Qualification Criteria Com- Detail of


pliance proof At-
(Yes/No) tached
Bidder should be a registered company in India, registered
under the Companies act 1956 and have operation in India.
Bidder should be an Original Equipment Manufacturers (OEM)
or an authorized representative of the OEM. In case of Au-
thorized Representative, letter of authorization should be
submitted along with technical bid. The authorization letter
should mention that if authorized representative fails to
meet the obligation for items supplied under this tender,
then OEM would be responsible for all obligations as per con-
tract terms.
Bidder should be in business of scanner in India for minimum
2 years i.e. must be in scanner business prior to March 2014.
The bidder should be a company incorporated in India having
an annual turnover of minimum Rs. 2.00 Cr in last three fi-
nancial years as per the audited balance sheet available at
the time of submission of tender. This must be the individual
company turnover and not that of any group of companies
Bidders should have made operating profit (Earnings before
interest & taxes) at least in 2 Financial Years out of 3 Finan-
cial Years i.e. 2013-14,2014-15,2015-16.
Bidder /OEM should have supplied at least 100 scanners of
proposed OEM in last one year (as on bid submission date).
Bidder or their OEM or their authorized partner should have
their support center at least 15 locations where Bank has
their Regional offices. The list of Regional Offices is given in
point no 11 of RFP. The list should be provided with the
Technical Bid.
The bidder should not have been black listed by any of Gov-
ernment Authority or Public Sector Undertaking (PSUs). The
bidder shall give an undertaking (on their letter head) that
they have not been black listed by any of the Govt. Authority
or PSUs as on date of submission of the tender, otherwise
the bid will not be considered (Please submit the declaration
as per Annexure - X).
Note: Required Documentary Proof is to be submitted against above eligibility criteria along with
technical bid.

Signature Seal of Company

Page 18
Union Bank of India RFP for Rate Contract for 375 Scanners

49. ANNEXURE III ACCEPTANCE OF TERMS AND CONDITIONS

(Letter to the Bank on the Bidders letterhead)

To

The General Manager,


Union Bank of India,
Department of Information Technology (5th Floor),
Technology Centre, Adi Shankaracharya Marg,
Opposite Powai Lake, Powai,
Mumbai 400072

Dear Sir,

Sub: RFP for 375 Scanners at Various Branches/Offices under DMS Rate Contract 2016-
2017

With reference to the above RFP, having examined and understood the instructions, terms
and conditions forming part of the RFP, we hereby enclose our offer for the supply of the
equipment/software as detailed in your above referred RFP.

We further confirm that the offer is in conformity with the terms and conditions as mentioned
in the RFP and all required information as per Annexure I, II,III, IV and unpriced commercial
bid is enclosed.

We also confirm that the offer shall remain valid for during Rate Contract period as men-
tioned above from the date of the offer.

We hereby undertake that the equipment to be delivered to the Bank will be brand new in-
cluding all components and that software is licensed and legally obtained.

We understand that the Bank is not bound to accept the offer either in part or in full and that
the Bank has right to reject the offer in full or in part without assigning any reasons what-
soever.

The deviation, if any, has been given in the Annexure III Declaration of Compliance at-
tached.

Yours faithfully,

Authorized Signatories
(Name & Designation, seal of the firm)
Date:

Page 19
Union Bank of India RFP for Rate Contract for 375 Scanners

50. ANNEXURE IV DECLARATION FOR COMPLIANCE- RATE CONTRACT 2016-2017

All Terms and Conditions including scope of work except technical specifications

We hereby undertake and agree to abide by all the terms and conditions stipulated by the
Bank in this RFP including all addendum, corrigendum etc. (Any deviation may result in dis-
qualification of bids).

Signature:

Seal of company

Technical Specification

We certify that the systems/services offered by us for tender confirms to the specifications
stipulated by you with the following deviations

List of deviations

1)___________________________________________________________

2) ___________________________________________________________

3) ___________________________________________________________

4) ___________________________________________________________

Signature:

Seal of company

(If left blank it will be construed that there is no deviation from the specifications given
above)

Page 20
Union Bank of India RFP for Rate Contract for 375 Scanners

51. ANNEXURE V TECHNICAL REQUIREMENT-Rate Contract 2016-17


Configuration of Scanner

Sr Component Our Requirement Specify your Offer /


No Compliance
1. Model & Make Any ADF with A4 compliance
2. Compatibility Scanner should be compatible to scan
documents pasted with photographs
without affecting any of its technical
features. It should support the file for-
mat as single & multi page TIFF. It
should support single & multi page PDF
with searchable option. The scanner
should support Windows XP, Windows
Vista, and Windows 7, Windows 10 &
higher as Operating Systems. Scanner
should be compatible with Document
Management Systems Software currently
deployed by the Bank in its regular oper-
ations from Banks Service provider M/s
Newgen Software Technologies Ltd.
3. Speed (PPM) 30 or above Pages Per Minute
4. Daily Duty Cycle 2000 or above Pages Per Day without af-
fecting the optical resolution for both
simplex and duplex.
5. ADF Capacity 50 or above Pages
6. Scanning Mode Duplex
7. Scanning Tech-
nology CIS or CCD scanning technology.
8. Document Size Upto A4 size
9. Minimum Docu-
ment Size 80 mm x 52 mm (3.2 in. x 2.1 in.)
10. Interface Twain and ISIS
11. Resolution More than 200 DPI
12. Imaging Fea- Bidder may provide standard feature
tures available in their scanner application.
13. Connectivity USB2.0 or higher
*Bid not meeting the Technical Requirements will be rejected

Signature and Seal of Bidder

Page 21
Union Bank of India RFP for Rate Contract for 375 Scanners

52. ANNEXURE VI INDICATIVE BILL OF MATERIAL / PRICE SCHEDULE- RATE CONTRACT


2016-2017
Items considered for total cost of ownership

BILL OF MATERIAL AND PRICE SCHEDULE

Items to be considered for total cost of ownership (TCO) for Scanners


(in Rupees)
SN Item Description Unit Taxes Total Quantity Total
Price on A (C=A+B) (E) (F=C*E)
(A) (B)
I Scanner (as per technical speci-
fication given in Annexure V) 375
with 3 years warranty
2. Maintenance Charges for 2 years
(each year should be between 375
6% to 8% of hardware value)

TOTAL COST (TCO)


Note:

1. The price quoted should be in Indian Rupees on a fixed price basis. However, there will be no in-
crease in price during the contract period of 1 year.
2. The prices should be inclusive of all taxes, duties, levies including Service Tax on AMC etc., except
octroi / entry tax, if any, which will be payable at actual.
3. The vendor should submit tax invoice showing Excise Duty/Counter Veiling Duty (CVD) amount sepa-
rately for payment.
4. The prices quoted should also include charges towards freight, forwarding, delivery, installation,
transit insurance charges till installation, commissioning of equipment.
5. The prices for AMC will be frozen for period of 2 years, after the expiry of warranty period of three
years.
6. The vendors should quote prices strictly as per the price composition stated above failing which the
offers are likely to be rejected.
7. This prices quoted under unit price will be used for quantity mention in RFP.
8. AMC cost should be in the range of 6% to 8% of scanner cost.
9. Since Bank is looking at a contract period of 5 years, and avail the services over a period, if there is
any upward or downward revision on service tax & VAT / sale tax during the ONE year period of the
contract, the same shall be to the Banks account. Baring service tax & VAT / sale tax, no changes
in other tax will be to Banks account.
10. The numbers of units mentioned above are notional for arriving at L1 value. The actual numbers of
units may vary and purchase order shall be placed in phased manner based on actual requirements
of the Bank from time to time during the contract period.

Authorized Signatories

(Name & Designation, seal of the firm)

Date:

Page 22
Union Bank of India RFP for Rate Contract for 375 Scanners

53. ANNEXURE VII - BIDDERS INFORMATION - RATE CONTRACT 2016-2017

Name ___________________________________________

Constitution ___________________________________________

Address ___________________________________________

Names & Addresses of the Partners if applicable

___________________________________________

Contact Person(s) ______________________________________

Telephone, Fax, e-mail _________________________________

Number of years of experience in Scanner business _________

Signature:

Seal of company

Page 23
Union Bank of India RFP for Rate Contract for 375 Scanners

54. ANNEXURE VIII- SERVICE SUPPORT DETAILS AT LOACTIONS TO BE COVERED AS IN POINT 9

Location Name Status of No. of Number of main- Volume of min. stock


Office work- mainten- tenance staff available at all time
Tele - Fax No. ing days & ance Engi-
phone hours neers
No

Signature and Seal of Bidder

Page 24
Union Bank of India RFP for Rate Contract for 375 Scanners

55. ANNEXURE IX - FORMAT OF BANK GUARANTEE


(Note: The Bank Guarantee should be valid upto six months from last date for submission of
offers)

To

Union Bank of India,


Adi Shankracharya Marg (JVLR)
Jogeshwari Vikhroli Link Road,
Opp. Powai Lake, Powai,
Andheri (East), Mumbai - 400072

Dear Sirs,

In response to your invitation to respond to your RFP for Rate Contract for Supply, Installation
and Maintenance of 375 Scanners, M/s __________________ having their registered office at
_____________ (hereinafter called the Vendor) wish to respond to the said Request for Pro-
posal (RFP) and submit the proposal as per terms and conditions listed in the RFP document.

Whereas the Vendor has submitted the proposal in response to RFP, we, the ____________
Bank having our head office ________________ hereby irrevocably guarantee an amount of
Rs.5.0 lacs (Rupees Five Lac only) as earnest money deposit as required to be submitted by
the Vendor as a condition for participation in the said process of RFP.

The earnest money deposit for which this guarantee is given is liable to be enforced/ invoked:

1) If the Vendor withdraws his proposal during the period of the proposal validity; or
2) If the Vendor, having been notified of the acceptance of its proposal by the Bank dur-
ing the period of the validity of the proposal fails or refuses to enter into the contract
in accordance with the Terms and Conditions of the RFP or the terms and conditions
mutually agreed subsequently.

We undertake to pay immediately on demand to Union Bank of India the said amount of Ru-
pees Rs.5.0 lacs (Rupees Five Lac only) without any reservation, protest, demur, or recourse.
The said guarantee is liable to be invoked/ enforced on the happening of the contingencies as
mentioned above and also in the RFP document and we shall pay the amount on any Demand
made by Union Bank of India which shall be conclusive and binding on us irrespective of any
dispute or difference raised by the vendor.

Notwithstanding anything contained herein:


Our liability under this Bank guarantee shall not exceed Rs. 5,00,000/=(Rs. Five Lac only).
This Bank guarantee will be valid up to __________________; and
We are liable to pay the guarantee amount or any part thereof under this Bank guarantee only
upon service of a written claim or demand by you on or before ________________.
In witness whereof the Bank, through the authorized officer has sets its hand and stamp on
this _______________ day of __________________ at _________________.

Page 25
Union Bank of India RFP for Rate Contract for 375 Scanners

56. ANNEXURE X (UNDERTAKING BY BIDDER) - RATE CONTRACT 2016-2017


Place:

Date:

To,

The Dy.General Manager


Union Bank of India
Department of Information Technology,
Technology Center,
AdiShankaracharyaMarg, (JVLR),
Opp. Powai Lake, Andheri East,
Mumbai- 400072

Undertaking (To be submitted by all Bidders on their letter head)

We ________________________(bidder name), hereby undertake that-

As on date of submission of tender, we are not blacklisted by the Central Government


/ any of the State Governments in India or any Financial Institution in India.

We also undertake that, we are not involved in any legal case that may affect the sol-
vency / existence of our firm or in any other way that may affect capability to provide
/ continue the services to bank.

Yours faithfully,

Authorized Signatories
(Name, Designation and Seal of the Company)
Date:

Page 26
Union Bank of India RFP for Rate Contract for 375 Scanners

57. ANNEXURE XI - REVERSE AUCTION RULES - RATE CONTRACT 2016-2017

STANDARD BUSINESS RULES FOR REVERSE AUCTION

1. APPLICABILITY:

1.1. Reverse Auctions are carried out under the framework of rules that are called Busi-
ness Rules.

1.2. All Bidders participating in Reverse Auction shall understand/accept and give an un-
dertaking for compliance with the same to the Bank in the prescribed format Exhibit-
A.

1.3. Any Bidder not willing to submit such an undertaking shall be disqualified for further
participation respecting the procurement in question.

2. ELIGIBILITY:

2.1. Only Bidders who are technically qualified and who submit the prescribed undertaking
to the Bank alone can participate in Reverse Auction relevant to the procurement for
which RFP is floated.

3. COMPLIANCE/CONFIRMATION FROM BIDDERS:

3.1. The Bidders participating in Reverse Auction shall submit the following duly signed by
the same Competent Authority who signs the offer documents in response to the RFP:

3.1.1. Acceptance of Business Rules for Reverse Auction and undertaking as per for-
mat in Exhibit-A.
3.1.2. Agreement between service provider and Bidder. (This format will be given by
the service provider prior to announcement of Reverse Auction.)
3.1.3. Letter of authority authorising the name/s of official/s to take part in Reverse
Auction as per format in Exhibit-B.

4. TRAINING:

4.1. The Bank will facilitate training for participation in Reverse Auction either on its own
or through the service provider for the Reverse Auction.

4.2. Where necessary, the Bank/service provider may also conduct a mock reverse auc-
tion to familiarize the Bidders with Reverse Auction process.

4.3. Any Bidder/bidder not participating in training and/or mock reverse auction shall do
so at his own risk and it shall not be open for him to make any complaint/grievance
later.

5. TOTAL COST OF OWNERSHIP (TCO):

Page 27
Union Bank of India RFP for Rate Contract for 375 Scanners

5.1. TCO refers to the aggregate amounts payable by the Bank for transfer of ownership.

5.2. TCO shall encompass but not be limited to the following:


5.2.1 Cost of the equipment/product or services.
5.2.2 License fee (Corporate or user specific as defined in RFP) including OS/Data
Base/Application licenses).
5.2.3 All existing taxes (including sales tax/VAT, service tax etc.), duties and levies.
5.2.4 Installation and commissioning charges, if any.
5.2.5 The prices should include the comprehensive onsite warranty maintenance of
the equipments covering all components, services, and visits to the concerned
offices as specified in the RFP.
5.2.6 Annual Maintenance Charges for the period as specified in the RFP.
5.2.7 Transportation and Forwarding charges to respective sites.
5.2.8 Training costs for the product/service/equipment if and as defined in RFP.

5.2.9 Service Level Agreement (SLA) costs as defined in RFP for applicable period.
5.2.10 Facility Management/infrastructure support costs as defined in RFP.
5.2.11 Insurance to cover the equipment for and from transit period till installation.
5.3. The TCO shall be arrived at after deducting buy back costs involved and if/as de-
fined in the RFP.

5.4. TCO, however, shall not include variables of octroi and entry tax. These shall be paid
as per actuals and on production of receipts. However, no penalties respecting octroi
or entry tax shall be paid by the Bank and the vendor shall bear such expenses.

6. DATE/TIME FOR TRAINING:

6.1. The Venue, Date, Time etc. for training in Reverse Auction shall be advised at the ap-
propriate time.

6.2. The Bank shall endeavour to fix such Date/Time at mutual convenience to the ven-
dor/s, service provider and the Bank.

6.3. No request for postponement/fixing of Training Date/Time shall be entertained which


in the sole view and discretion of the Bank might result in any avoidable delay to ei-
ther the Reverse Auction or the whole process of selection of vendor.

7. DATE/TIME OF REVERSE AUCTION:

7.1. The Date and Time of commencement of Reverse Auction as also Duration of Reverse
Auction Time shall be communicated at least 7 working Days prior to such auction
Date.

7.2. Any force majeure or other condition leading to postponement of auction shall entitle
the Bank to postponement of auction even after communication, but, the Bank shall

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Union Bank of India RFP for Rate Contract for 375 Scanners

be obliged to communicate to all participating vendors the postponement prior to


commencement of such Reverse Auction.

8. CONDUCT OF REVERSE AUCTION:

8.1. The Reverse Auction shall be conducted on a specific web portal meant for this pur-
pose.

8.2. The Reverse Auction may be conducted by the Bank itself or through a service provid-
er specifically identified/appointed/empanelled by the Bank.

9. SERVICE PROVIDERS ROLE & RESPONSIBILITIES:

9.1. In all Reverse Auctions conducted by the Bank through a Service Provider, the Bank
shall enter into a separate agreement clearly detailing the role and responsibilities of
the service provider hosting the web portal for the Reverse Auction.

9.2. For creating necessary obligations and rights, the service provider will also enter into
an agreement with each vendor as per a format designed by him for this purpose.
The Bank shall resolve any points/issues concerning such agreement of vendor and
service provider.

9.3. While a Service Level Agreement (SLA) by the bank with the service provider is an ar-
rangement for smooth and fair conduct of the Reverse Auction, the Bank shall be di-
rectly responsible to vendors for fair and transparent conduct of Reverse Auction.

9.4. The service provider at the end of each Reverse Auction shall provide the bank with
all details of the bids and reports of reverse auction.

9.5. The service provider shall also archive the data pertaining to the Reverse Auction for
a minimum period of 3 years.

10. TRAINING AND AUCTION:

10.1. Service provider / auctioneer is responsible for conduct of adequate training to all
technically qualified bidders representing the reverse auction and bidding process.

10.2. Each vendor / bidder shall participate in the training at his / their own cost.

10.3. Wherever it is considered necessary and asked by the bidders or as decided by the
auctioneer or by Bank a mock auction may also be conducted for the benefit of all
concerned.

10.4. Authorised representatives of the bidders named in the authorization letter given by
the vendor (Exhibit-B) shall be given unique user name, password by the service pro-
vider / auctioneer.

10.5. Each bidder shall change the password and edit the information in the registration
page after receipt of initial password.

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Union Bank of India RFP for Rate Contract for 375 Scanners

10.6. All the bids made from the login ID given to bidder shall ipso-facto be considered bid
made by the vendor / bidder to whom login ID and password were assigned by the
service provider / auctioneer.

10.7. Any bid once made through registered login ID / password by the vendor / bidder
cannot be cancelled. The bidder, in other words, is bound to sell the Offering as
per the RFP at the bid price of TCO.

10.8. Every successive bid by the bidder / vendor being decremental bidding shall replace
the earlier bid automatically and the final bid as per the time and log-in ID shall pre-
vail over the earlier bids.

10.9. The Bank shall conduct the reverse auction as per the Standard English reverse auc-
tion, that is, no two bids can have identical price from two different vendors. In
other words, there shall never be a Tie in bids.

11. PROXY BID:


11.1. A proxy bid is one where vendor can submit the lowest bid amount by him in strict
confidence to the system directly. This obviates the need for him participating in
the bidding process until the proxy bid amount is decrementally reached by other
bidders.

11.2. When proxy bid amount is reached, the vendor has an option to revise the proxy bid
amount or he can prefer to start participating in bidding process.

11.3. Since it is an English auction with no ties, two vendors submitting identical proxy bid
amount and succeeding in auction simultaneously does not arise.

11.4. During training, the issue of proxy bidding will be clarified in detail by the service
provider.

12. TRANSPARENCY IN BIDS:

12.1. All bidders will be able to view during the auction time the current lowest price in
portal. Bidder shall be able to view not only the lowest bid but also the last bid
made by him at any point of time during the auction time.

13. MASKING OF NAMES:

13.1. Names of bidders/ vendors shall be anonymously masked in the Reverse Auction
process and vendors will be given suitable dummy names.

13.2. After completion of Reverse Auction, the service provider / auctioneer shall submit
a report to the Bank with all details of bid and the original names of the bidders as
also the L1 bidder with his / their original names.

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Union Bank of India RFP for Rate Contract for 375 Scanners

14. START PRICE:

14.1. Bank shall determine the start price either on its own or through asking for infor-
mation of price band on TCO from each vendor at appropriate time during or at
the conclusion of technical evaluation. Based on the price band so informed by
vendors, Bank would determine the start price for reverse auction.

15. DECREMENTAL BID VALUE

15.1. The vendors shall be able to bid only at a specified decrement value and not at
any other fractions. The Bid decrement value shall be Rs. 7,500/- or 0.25% of the
Start price of the Reverse Auction, whichever is higher.

15.2. The bid decrement value shall be rounded off to the nearest thousands of rupees.

15.3. For the sake of convenience of vendors, the web portal shall display the next pos-
sible decremental value of bid. It is not, however, obligatory on the part of ven-
dors to bid at the next immediate lower level only. (That is, bids can be even at 2
or 3 lower levels than the immediate lower level).

16. COPY OF BUSINESS RULES

16.1. The Bank shall supply copy of the Business rules to any vendors / bidders, wishing
to participate in the reverse auction. Such request shall be made in writing to the
Bank by an authorized representative of the vendor.

16.2. The Bank shall also handover a copy of the Business Rules with a covering letter
duly signed by an authorized signatory of the Bank.

16.3. For any dispute concerning the Business Rules, the hard copy of Business Rules
supplied by the Bank for the reference of reverse auction process will alone be
considered final and bidding.

17. REVERSE AUCTION PROCESS:

17.1. In order to reduce the time involved in the procurement process, Bank shall be en-
titled to complete the entire procurement process through a single Reverse Auc-
tion. For this purpose, Bank shall do all it can to award the contract to L1 bidder.

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Union Bank of India RFP for Rate Contract for 375 Scanners

17.2. The Bank shall however, be entitled to cancel the procurement of Reverse Auction
process, if in its view procurement or reverse auction process cannot be conducted
in a fair manner and / or in the interest of the Bank.

17.3. The successful vendor shall be obliged to provide a Bill of Material at the last bid
price at the close of auction.

18. EXPENDITURE ON REVERSE AUCTION:

18.1. All expenses of reverse auction shall be borne by the Bank.

18.2. Vendors, however, shall attend the training or mock auction at their own cost.

19. CHANGES IN BUSINESS RULES:

19.1. Any change in Business Rules as may become emergent and based on the experi-
ence gained shall be made only by a Committee of senior / top executives of the
Bank.

19.2. Any / all changes made in Business Rules shall be uploaded in the Website immedi-
ately.

19.3. If any reverse auction process has commenced and a change is made in Business
Rules, it shall be informed immediately to each vendor/ bidder and his concur-
rence to / acceptance of the change shall be obtained in writing by the Bank.

20. DONTS APPLICABLE TO THE BIDDER/VENDOR:

20.1. No vendor shall involve himself / itself or any of his / its representatives in any
price manipulation directly or indirectly with other bidders. If any such practice
comes to the notice, Bank shall disqualify the vendor / bidders concerned from the
reverse auction process.

20.2. Bidder shall not disclose details of his bids or any other details concerning Reverse
Auction process of the Bank to any other third party without specific permission in
writing from the Bank.

20.3. Neither Bank nor service provider / auctioneer can be held responsible for conse-
quential damages such as no power supply, system problem, inability to use the
system, loss of electronic information, power interruptions, UPS failure, etc. (Bank

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Union Bank of India RFP for Rate Contract for 375 Scanners

shall, however, entertain any such issues of interruptions, problems with open
mind and fair degree of transparency in the process before deciding to stop or ex-
tend the auction).

21. GRIEVANCES REDRESSAL:

21.1. Any aggrieved vendor / bidder through Reverse Auction process can make com-
plaint in writing within 48 hours of the Reverse Auction to the Chief Compliance
Officer of the Bank.

21.2. The Chief Compliance Officer along with the Chief Law Officer of the bank and
Chief of Audit Dept. shall give personal hearing to the aggrieved bidder / vendor
and decide upon the complaint / grievance.

21.3. Decision of the Grievance Redressal Committee shall be binding on the Bank as
well as on all vendors participating in the Reverse Auction.

22. ERRORS AND OMISSIONS:

22.1. On any issue or area of material concern respecting Reverse Auction not specifi-
cally dealt with in these Business Rules, the decision of the bank shall be final and
binding on all concerned.

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