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Request for Proposal (RFP) for for IDBI Bank Ltd.

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I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

<strong>Request</strong> <strong>for</strong> <strong>Proposal</strong> (<strong>RFP</strong>)<br />

<strong>for</strong><br />

Procurement of Laptops<br />

<strong>for</strong><br />

<strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>.<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 1


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

Document Control Sheet<br />

Name of the Company<br />

<strong>IDBI</strong> <strong>Bank</strong> Limited<br />

Date of release of <strong>RFP</strong> 20/12/2012<br />

Cost of Bid Document<br />

Rs. 5000/‐ ( Rupees Five Thousand Only) in the<br />

<strong>for</strong>m of Demand Draft/ <strong>Bank</strong>ers Cheque from a<br />

Scheduled Commercial bank in favor of ‘ <strong>IDBI</strong><br />

<strong>Bank</strong> Limited ’ payable at Mumbai only to be<br />

submitted along with the Technical Bid.<br />

Last date <strong>for</strong> submission of queries 31/12/2012<br />

Pre‐Bid meet <strong>for</strong> vendor queries<br />

Last Date and Time <strong>for</strong> Receipt of Bids<br />

Date & Time of Opening of Technical Bids<br />

Date & Time of Reverse Auction<br />

Place of Deposition & Opening of Bids<br />

Address <strong>for</strong> Communication<br />

02/01/2013 at 4.00 PM at 4 th Floor, <strong>IDBI</strong> Tower,<br />

Cuffe Parade<br />

09/01/2013 upto 4.00 PM at <strong>IDBI</strong> Intech <strong>Ltd</strong>.,<br />

CBD Belapur<br />

09/01/2013 at 4.30 PM at <strong>IDBI</strong> Intech <strong>Ltd</strong>., CBD<br />

Belapur<br />

To be intimated later to all qualified bidders<br />

<strong>IDBI</strong> Intech <strong>Ltd</strong>.<br />

<strong>IDBI</strong> Building, Plot No.39‐41, Sector‐11,<br />

CBD Belapur, Navi Mumbai – 400 614<br />

As given above<br />

Note:<br />

1. This tender document is not transferable.<br />

2. This bid document is the property of <strong>IDBI</strong> <strong>Bank</strong> Limited.<br />

3. If a holiday is declared on the dates mentioned above, the bids shall be received /opened on<br />

the next working day at the same time specified above.<br />

4. This bid document has 75 pages.<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 2


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

DISCLAIMER<br />

The in<strong>for</strong>mation contained in this <strong>Request</strong> <strong>for</strong> <strong>Proposal</strong> (“<strong>RFP</strong>”) document or in<strong>for</strong>mation provided<br />

subsequently to bidder(s) or applicants whether verbally or in documentary <strong>for</strong>m by or on behalf of<br />

<strong>IDBI</strong> <strong>Bank</strong> Limited (“<strong>IDBI</strong> <strong>Bank</strong>”), is provided to the bidder(s) on the terms and conditions set out in<br />

this <strong>RFP</strong> document and all other terms and conditions subject to which such in<strong>for</strong>mation is provided.<br />

This <strong>RFP</strong> document is not an agreement and is not an offer or invitation by <strong>IDBI</strong> <strong>Bank</strong> to any parties<br />

other than the applicants who are qualified to submit the bids (“Bidders”). The purpose of this <strong>RFP</strong> is<br />

to provide the Bidder(s) with in<strong>for</strong>mation to assist the <strong>for</strong>mulation of their proposals. This <strong>RFP</strong> does<br />

not claim to contain all the in<strong>for</strong>mation each Bidder may require. Each Bidder may conduct its own<br />

independent investigations and analysis and is free to check the accuracy, reliability and<br />

completeness of the in<strong>for</strong>mation in this <strong>RFP</strong>. <strong>IDBI</strong> <strong>Bank</strong> makes no representation or warranty and<br />

shall incur no liability under any law, statute, rules or regulations as to the accuracy, reliability or<br />

completeness of this <strong>RFP</strong>.<br />

The in<strong>for</strong>mation contained in the <strong>RFP</strong> document is selective and is subject to updating, expansion,<br />

revision and amendment. It does not, and does not purport to contain all the in<strong>for</strong>mation that a<br />

Bidder may require. <strong>IDBI</strong> <strong>Bank</strong> does not undertake to provide any Bidder with access to any<br />

additional in<strong>for</strong>mation or to update the in<strong>for</strong>mation in the <strong>RFP</strong> document or to correct any<br />

inaccuracies therein, which may become apparent. <strong>IDBI</strong> <strong>Bank</strong> reserves the right of discretion to<br />

change, modify, add to or alter any or all of the provisions of this <strong>RFP</strong> and/or the bidding process,<br />

without assigning any reasons whatsoever. Such change will be intimated to all Bidders. Any<br />

in<strong>for</strong>mation contained in this document will be superseded by any later written in<strong>for</strong>mation on the<br />

same subject made available to all recipients by <strong>IDBI</strong> <strong>Bank</strong>.<br />

<strong>IDBI</strong> <strong>Bank</strong> may in its absolute discretion, but without being under any obligation to do so, update,<br />

amend or supplement the in<strong>for</strong>mation in this <strong>RFP</strong>.<br />

<strong>IDBI</strong> <strong>Bank</strong> reserves the right to reject any or all the expression of interest / proposals received in<br />

response to this <strong>RFP</strong> document at any stage without assigning any reason whatsoever. The decision<br />

of <strong>IDBI</strong> <strong>Bank</strong> shall be final, conclusive and binding on all the parties.<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 3


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

TABLE OF CONTENTS<br />

Section 1: Introduction ……………………………………….…………………….…………………………………………….……….. 5<br />

Section 2: <strong>Request</strong> <strong>for</strong> <strong>Proposal</strong> (<strong>RFP</strong>)……………………….………………………………………………………….…………… 6<br />

Section 3: Eligibility Criteria…………….…………………………………………………………………………………….………….. 9<br />

Section 4: Scope of Work ………………………………..……………………………………………………………………........... 12<br />

Section 5: Terms & Condition of the Contract (TCC) ……………..……………………………………………………….. 13<br />

A) Instructions to Bidders (ITB)………………………………………………………………………………………………... 13<br />

B) Bid opening & evaluation of bids……………………………………………..……………………………………..….. 19<br />

C) Award of Contract …………………………………………………………….………………….…………………….…. 22<br />

Section 6: Technical Specifications of Laptops ……………………….…………………………………………….………… 40<br />

Section 7: Contents and Format of Bid ..………………………………….…………………………………….……………..… 41<br />

Bidder In<strong>for</strong>mation (Form‐1)…………………………….……………………………………………………………….……………. 42<br />

Format of Covering Letter (Form ‐1A)……………………………………………………………………………….….……..…. 43<br />

Non‐Disclosure Agreement Form (Form‐2)………………………….………………………………………….……..…..….. 45<br />

Power of Attorney (Form‐3)…………………………………………………………….……………………………….…........….. 50<br />

Undertaking of Authenticity (Form‐4)………………………………..………………………………………………...….….… 52<br />

Pro<strong>for</strong>ma <strong>for</strong> Deed of Indemnity (Form‐5)…………………………………………………………………….….……….…... 53<br />

Eligibility Compliance (Form‐6)………………………………..……………………………….………………………….….….…. 56<br />

Laptop‐ Hardware and Software Compliance (Form‐7)…………………………………………………………….…..... 58<br />

Estimated Price Bid Format (Form‐8)………………………………..…………………………………………………….….….. 59<br />

Guarantee <strong>for</strong> Per<strong>for</strong>mance of Contract (Form‐9)………………………………………………………………………...... 60<br />

Form of Agreement (Form‐10)……………………….…..………………………………………………………………………..... 63<br />

Pro<strong>for</strong>ma <strong>for</strong> Warranty (Form‐11)……………………………………………………………………………………………..……. 70<br />

Service Level Requirements ……………………………………………………..……………………………………………….…... 71<br />

Checklist of documents to be submitted………………………..…………………………………………………………….…. 72<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 4


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

SECTION 1: INTRODUCTION<br />

<strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. (<strong>IDBI</strong> <strong>Bank</strong>) is a company incorporated and registered under Companies Act, 1956 (1 of<br />

1956) and a banking company under section 5(c) of the <strong>Bank</strong>ing Regulation Act, 1949 (10 of 1949).<br />

<strong>IDBI</strong> <strong>Bank</strong> is also a scheduled bank as notified by the Reserve <strong>Bank</strong> of India (RBI) under the Reserve<br />

<strong>Bank</strong> of India Act, 1934. RBI has categorized <strong>IDBI</strong> under a new sub group "other public sector bank".<br />

<strong>IDBI</strong> <strong>Bank</strong> is engaged in providing finance to industries and conducting banking business. <strong>IDBI</strong> <strong>Bank</strong><br />

with its Head Office at Mumbai and Zonal Offices in different regions of the country has a pan‐India<br />

presence and has also ventured outside India by opening its first branch in Dubai. The <strong>IDBI</strong> <strong>Bank</strong> is<br />

pursuing an ambitious growth plan to achieve the size of 2000 branches in the near future.<br />

<strong>IDBI</strong> <strong>Bank</strong> desires to procure Laptops as per approximate quantities and specifications contained in<br />

the <strong>RFP</strong>, to be supplied and installed at various locations of <strong>IDBI</strong> <strong>Bank</strong>.<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 5


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

SECTION 2: REQUEST FOR PROPOSAL<br />

This “<strong>Request</strong> <strong>for</strong> <strong>Proposal</strong>” (<strong>RFP</strong>) is <strong>for</strong> supply, installation and maintenance of Laptops as per the<br />

specifications and indicated quantities contained in the <strong>RFP</strong> (subject to change) with 36‐months<br />

comprehensive onsite warranty on Laptops and its preloaded software and 12‐months on their<br />

Batteries, as per the specifications contained in the <strong>RFP</strong>, at various locations of <strong>IDBI</strong> <strong>Bank</strong>. <strong>IDBI</strong> <strong>Bank</strong><br />

reserves the right to modify the quantities of the Laptops. The Contract / Agreement will be valid <strong>for</strong><br />

a period of 12 months from the date of Award of Contract / issuance of LOI/Purchase order, which<br />

ever is earlier in accordance with the Contract/Agreement entered into between the successful<br />

bidder/Vendor and <strong>IDBI</strong> <strong>Bank</strong>. <strong>IDBI</strong> <strong>Bank</strong> reserves the right to extend the contract <strong>for</strong> a further period<br />

subject to mutual consent. Purchase orders will be issued from time to time <strong>for</strong> varying quantities<br />

and locations at the discretion of <strong>IDBI</strong> <strong>Bank</strong>. Post Warranty, <strong>IDBI</strong> <strong>Bank</strong> may award comprehensive<br />

onsite Annual Maintenance Contract (AMC) to the successful bidder at its sole discretion. Sealed<br />

offers / bids prepared in accordance with this <strong>RFP</strong> should be addressed to Advisor – IT and submitted<br />

to:<br />

Vineet Gupta<br />

<strong>IDBI</strong> Building,<br />

Plot No.39‐41, Sector‐11, CBD Belapur,<br />

Navi Mumbai ‐ 400 614. Maharashtra.<br />

2. Due Diligence<br />

The bidder is expected to examine all instructions, <strong>for</strong>ms, terms and specifications in this <strong>RFP</strong>. Bid<br />

shall be deemed to have been done after careful study and examination of this <strong>RFP</strong> with full<br />

understanding of its implications. The bid should be precise, complete and in the prescribed <strong>for</strong>mat<br />

as per the requirement of this <strong>RFP</strong>. Failure to furnish all in<strong>for</strong>mation required by this <strong>RFP</strong> or<br />

submission of a bid not responsive to this <strong>RFP</strong> in every respect will be at the bidder’s risk and may<br />

result in rejection of the bid.<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 6


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

3. Cost of Bidding<br />

The bidder shall bear all costs associated with the preparation and submission of its bid and <strong>IDBI</strong><br />

<strong>Bank</strong> will in no case be held responsible or liable <strong>for</strong> these costs, regardless of the conduct or<br />

outcome of the bidding process.<br />

4. Cost of <strong>RFP</strong> / Bid document<br />

Bid needs to be submitted along with a Demand Draft / <strong>Bank</strong>er’s Cheque <strong>for</strong> Rs. 5,000/‐ (Rupees Five<br />

Thousand Only) from a Scheduled Commercial <strong>Bank</strong> drawn in favor of ‘<strong>IDBI</strong> <strong>Bank</strong> Limited’, payable at<br />

Mumbai towards the prescribed Cost of <strong>RFP</strong>/Bid document to be downloaded from the websites,<br />

www.idbi.com / www.idbibank.com. In case, <strong>RFP</strong> is downloaded from <strong>IDBI</strong> <strong>Bank</strong>’s websites the<br />

prescribed amount towards the cost of the <strong>RFP</strong> should be paid as above along with the submission<br />

of <strong>RFP</strong> /Bid response.<br />

Details of payment towards the cost of Bid Document are to be given in the covering letter. Bids<br />

without the payment of amount towards the cost of Bid Document will be rejected.<br />

5. Clarification of Bidding Documents<br />

Prospective bidders requiring any clarification of this <strong>RFP</strong> may notify <strong>IDBI</strong> <strong>Bank</strong> in writing by E‐mail.<br />

The following personnel may be contacted <strong>for</strong> the purposes specified therein.<br />

Address Contact Person Contact No. and Email Fax<br />

<strong>IDBI</strong> Building<br />

Plot No.39‐41, Sector‐11, CBD<br />

Belapur, Navi Mumbai 400 614<br />

Vineet Gupta/<br />

Shailendra<br />

Govalkar<br />

022 39148050/39148183<br />

v.gupta@idbiintech.com<br />

022 ‐<br />

2756 6313<br />

<strong>IDBI</strong> <strong>Bank</strong> may hold a pre‐bid meeting <strong>for</strong> any request or queries <strong>for</strong> clarification on the bid<br />

documents, from the prospective Bidders, which it receives not later than 31/12/2012. Further, <strong>IDBI</strong><br />

<strong>Bank</strong> may also respond by e‐mail if deemed necessary, to all clarifications, without identifying the<br />

source of the inquiry. <strong>IDBI</strong> <strong>Bank</strong> shall not be responsible <strong>for</strong> any external agency delays.<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 7


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

5. Amendment of Bid / <strong>RFP</strong> Document<br />

a) <strong>IDBI</strong> <strong>Bank</strong> reserves the sole right <strong>for</strong> carrying out amendments / modifications / changes in the<br />

bidding process including any addendum to this entire bid. The bidders shall not claim as a right,<br />

requiring <strong>IDBI</strong> <strong>Bank</strong> to do the a<strong>for</strong>esaid.<br />

b) At any time be<strong>for</strong>e the deadline <strong>for</strong> submission of bids / offers, <strong>IDBI</strong> <strong>Bank</strong> may, <strong>for</strong> any reason,<br />

whether at its own initiative or in response to a clarification requested by prospective bidders,<br />

modify this <strong>RFP</strong> / Bid Document.<br />

c) All prospective bidders to this <strong>RFP</strong> are required to check <strong>for</strong> addendums / amendments / notices<br />

to this <strong>RFP</strong> on the website till the last date of availability, prior to submission of bids and all such<br />

addendums / amendments / notices shall be binding on them.<br />

d) If required <strong>IDBI</strong> <strong>Bank</strong> at its discretion may extend the deadline <strong>for</strong> submission of bids in order to<br />

allow prospective bidders reasonable time in which to take the amendment into account in<br />

preparing their bids. <strong>IDBI</strong> <strong>Bank</strong> reserves the rights to extend the deadline <strong>for</strong> the submission of<br />

bids. However no request from the bidder, shall be binding on <strong>IDBI</strong> <strong>Bank</strong> <strong>for</strong> the same.<br />

7. Proposed Capacity Specifications and quantities<br />

Sl # Item Description Estimated<br />

Qty<br />

1 Laptops with preloaded MS office 2010 OEM 21<br />

2 Laptops without MS Office software 42<br />

The above‐mentioned quantities are only indicative and are subject to change.<br />

Projections are <strong>for</strong> only 12 months period from the date of award of contract<br />

(+/‐) 10% variance in total quantity of the Laptops is possible<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 8


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

SECTION 3: ELIGIBILITY CRITERIA<br />

Interested Original Equipment Manufacturers (OEMs) or Authorized Channel partner of OEM are<br />

required to submit their offer. Either OEMs or their Channel partner (not both) can participate in the<br />

Tender. In case of Channel partner’s participation on behalf of the OEM, authority letter from the<br />

OEM should be attached. Also one channel partner can participate only <strong>for</strong> one OEM vendor.<br />

Sr.<br />

No.<br />

Eligibility Criteria<br />

1. Be a registered and net profit making firm or company<br />

<strong>for</strong> the last three years<br />

Applicable <strong>for</strong> both OEM and Channel partner<br />

2. Have minimum turnover out of Indian operations<br />

should not be less than Rs 10 Crore in the last financial<br />

year.<br />

Supporting Documents<br />

Copy of the last three years<br />

audited financial statements<br />

from OEM as well as Channel<br />

partner<br />

Certificate from a Chartered<br />

Accountant<br />

Applicable <strong>for</strong> OEM Only<br />

3. Be in the business of supplying, installing, and<br />

maintaining of Laptops in India <strong>for</strong> last Three years<br />

Applicable <strong>for</strong> both OEM and Channel partner<br />

4. The OEM should be ISO 9001:2008 certified and the<br />

offered laptop should be Green Peace Certified<br />

minimum 3 rating and also have Energy Star minimum<br />

5.0 rating OR BEE Star equivalent<br />

Applicable <strong>for</strong> OEM Only<br />

A self certified letter in<br />

compliance from OEM as well<br />

as Channel partner<br />

Copy of ISO certification ,<br />

Green Peace minimum 3<br />

rating, Energy Star minimum<br />

5.0 or BEE Star equivalent<br />

rating is required (certificates<br />

required)<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 9


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

5. Should be able to deliver and install the laptops within<br />

4 weeks from the date of purchase order on PAN India<br />

basis.<br />

For late delivery, the LD clause would be applicable<br />

@1% of the order value <strong>for</strong> the delayed laptop(s)<br />

inclusive of all taxes per week or part thereof subject<br />

to a maximum of 5%.<br />

A self certified letter to be<br />

submitted <strong>for</strong> meeting the<br />

delivery schedule and accepting<br />

the LD clause along with a copy<br />

of the respective OEM<br />

confirming to adhere to the<br />

delivery schedules.<br />

Applicable <strong>for</strong> the bidder (OEM/Channel partner)<br />

6. Should not have been put in the negative list by any<br />

<strong>Bank</strong>/Government Organization <strong>for</strong> breach of any<br />

applicable law or violation of regulatory prescriptions<br />

or breach of agreement during the last 2 years<br />

A self certified letter in this<br />

regard from OEM as well as<br />

Channel partner.<br />

Applicable <strong>for</strong> both OEM and Channel partner<br />

7. The OEM should have technically qualified engineers<br />

who have expertise and certification to support the<br />

installations of Laptops.<br />

Self certified letter from the<br />

OEM certifying – having<br />

technically qualified engineers.<br />

Applicable <strong>for</strong> OEM Only<br />

The OEM will be required to provide a letter of<br />

Authorization to the partner <strong>for</strong> submitting the offer<br />

on behalf of the OEM. One channel partner can<br />

participate only <strong>for</strong> one OEM vendor.<br />

8. The bidder will have to compulsorily bid <strong>for</strong> both types<br />

of laptops mentioned in the <strong>RFP</strong>.<br />

Applicable <strong>for</strong> the bidder (OEM/Channel partner)<br />

9. The Bidder should have all necessary licenses,<br />

permissions, consents, NOCs, approvals as required<br />

under law <strong>for</strong> carrying out its business. The bidder<br />

should have currently valid Sales tax/Service Tax<br />

Registration Certificate and PAN No.<br />

Letter of Authorization from<br />

OEM (applicable only in case of<br />

bidding by Channel Partner on<br />

behalf of OEM)<br />

In case bidder does not bid <strong>for</strong><br />

both types of laptops<br />

mentioned in the <strong>RFP</strong>, his bid<br />

will be rejected.<br />

Copies of Registration<br />

Certificate & PAN No.<br />

Applicable <strong>for</strong> the bidder (OEM/Channel partner)<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 10


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

10. The OEM vendor should have support centers in<br />

minimum Ten States including at least one in the<br />

North‐East<br />

List of support centers<br />

Applicable <strong>for</strong> OEM Only<br />

Note: In case the bidder is the Channel partner, it will have to provide all certificates pertaining to<br />

OEM in addition to the certificates provided by them.<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 11


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

SECTION 4: SCOPE OF WORK<br />

4.1 Bidder shall be responsible <strong>for</strong> supply, installation and maintenance of Laptops as per the<br />

specifications and indicated quantities contained in the <strong>RFP</strong> at various locations of <strong>IDBI</strong> <strong>Bank</strong>.<br />

4.2 The supplied Laptops should be as per the technical specifications provided by <strong>IDBI</strong> <strong>Bank</strong> at<br />

Section 6.<br />

4.3 The supplied Laptops should have a 36‐months comprehensive onsite warranty on Laptop and<br />

its preloaded software and 12‐months on its batteries from the date of installation of the respective<br />

Laptop.<br />

4.4 The contracted rate will be applicable <strong>for</strong> procurement of laptops over and above the projected<br />

quantities during the validity of the rate contract.<br />

4.5 The contract will be valid <strong>for</strong> a period of 12 months from the date of award of Contract (LOI) /<br />

First Purchase Order, whichever is earlier, in accordance with the Contract / Agreement to be<br />

entered into between the Supplier and <strong>IDBI</strong> <strong>Bank</strong>. <strong>IDBI</strong> <strong>Bank</strong> reserves the right to extend the<br />

contract <strong>for</strong> a further period subject to mutual consent on the same terms and conditions. The<br />

Purchase Orders will be issued from time to time <strong>for</strong> varying quantities and locations at the<br />

discretion of <strong>IDBI</strong> <strong>Bank</strong>. <strong>IDBI</strong> <strong>Bank</strong> may award comprehensive onsite AMC at its discretion.<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 12


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

SECTION 5: TERMS AND CONDITIONS OF THE CONTRACT<br />

A) Instructions to Bidders (ITB)<br />

Preparation of Bids<br />

1. Language of Bid<br />

The bid prepared by bidders, as well as all correspondence and documents relating to the bid<br />

exchanged by the bidders and <strong>IDBI</strong> <strong>Bank</strong> shall be in Hindi or English. In case the bid is in Hindi, the<br />

bidder shall provide free of all expenses, a certified copy of the bid duly translated in English.<br />

2. Clarifications on Bid / <strong>RFP</strong> Document<br />

Be<strong>for</strong>e bidding, the bidders are requested to carefully examine the Bid Documents and the terms<br />

and conditions specified therein and if there appears to be any ambiguity, contradictions, gap(s)<br />

and/or discrepancy between any of the Bid Documents, they should <strong>for</strong>thwith refer the matter to<br />

<strong>IDBI</strong> <strong>Bank</strong> <strong>for</strong> necessary clarifications / corrections.<br />

3. Documents constituting the Bid<br />

The bid prepared by the bidder shall comprise the following components. The bids not con<strong>for</strong>ming<br />

to the requirements shall be summarily rejected.<br />

i. Refer Section 7: Contents and <strong>for</strong>mat of bid.<br />

ii.<br />

iii.<br />

iv.<br />

The bidders shall quote estimated prices in clear terms inclusive of all taxes, delivery<br />

charges & duties except Octroi/ Entry Tax which will be paid on actual. The bidder should<br />

abide by the Format <strong>for</strong> Bid.<br />

The prices are indicative only and L1‐vendor of Laptops will be decided on the basis of<br />

Reverse Auction.<br />

All prices inclusive of taxes shall be <strong>for</strong> supply, installation and maintenance (during the<br />

warranty period) of Laptops at various locations as per respective purchase orders issued<br />

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from time to time. The aggregate price should be quoted in words also. Octroi / Entry Tax<br />

will be paid at actuals upon submission of original receipts drawn in favour of <strong>IDBI</strong> <strong>Bank</strong><br />

Limited.<br />

v. The Bid should strictly con<strong>for</strong>m to the <strong>for</strong>mats to enable evaluation of bid and special care<br />

may be taken that the bid having any hidden costs or conditional costs will be liable <strong>for</strong><br />

straight rejection. Conditional bids from vendors will be summarily rejected.<br />

vi.<br />

vii.<br />

viii.<br />

The price components furnished by the bidders will be solely <strong>for</strong> the purpose of facilitating<br />

the comparison of bids by <strong>IDBI</strong> <strong>Bank</strong> and will not in any way limit <strong>IDBI</strong> <strong>Bank</strong>’s right to<br />

negotiate the contract on any of the terms offered.<br />

Prices quoted by the bidders shall be applicable <strong>for</strong> the supply of laptops and installation at<br />

the respective locations. The prices as decided in the Reverse Auction will be applicable <strong>for</strong><br />

a period of 12‐months and no increase of rates on any account will be allowed under any<br />

circumstances. No open‐ended bid shall be entertained and the same is liable to be<br />

summarily rejected.<br />

The success bidder selected through reverse auction will have to provide the final price<br />

breakup of both types of laptops (with and without preloaded MS Office 2010 Home &<br />

Business OEM).<br />

4. Bid Currencies<br />

Prices shall be quoted in Indian Rupee (INR). All payments / deposits / fees in respect of this tender<br />

also shall be in Indian Rupee only.<br />

5. Bid Security [Earnest Money Deposit (EMD)]<br />

a) Amount of Bid Security (EMD)<br />

The bidder shall furnish, as part of bid, a Bid Security / EMD in the <strong>for</strong>m of Demand Draft /<br />

<strong>Bank</strong>ers’ Cheque / Pay Order from any Scheduled bank, drawn in favor of “<strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>.” <strong>for</strong><br />

an amount of Rs.70,000/‐ (Rupees Seventy Thousand Only) payable at Mumbai only, and must<br />

accompany the Technical Bid.<br />

b) Requirement of Bid Security (EMD)<br />

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The Bid Security is required to protect <strong>IDBI</strong> <strong>Bank</strong> against the risk of bidder’s conduct, which would<br />

warrant the security’s <strong>for</strong>feiture, pursuant to Instructions to Bidders Clause 5(f).<br />

c) Rejection of Bid<br />

Any bid not secured as mentioned above, shall be rejected by <strong>IDBI</strong> <strong>Bank</strong>, without any further<br />

correspondence, as non‐responsive. <strong>IDBI</strong> <strong>Bank</strong>s’s decision in this behalf will be final, conclusive<br />

and binding on the bidder.<br />

d) Discharge of Bid Security of Unsuccessful bidder<br />

Unsuccessful bidder’s Bid Security / EMD will be discharged / returned as promptly as possible<br />

but not later than 90 days after issuance of LOI to the selected bidder/s.<br />

e) Discharge of Bid Security / EMD of Successful Bidder<br />

The successful Bidder’s Bid Security amount will be discharged / returned upon the Bidder<br />

signing the Contract and furnishing of the per<strong>for</strong>mance guarantee and other guarantee(s)/<br />

security in the <strong>for</strong>m and manner to the satisfaction of <strong>IDBI</strong> <strong>Bank</strong>, within 90 days from date of<br />

LOI.<br />

f) Forfeiture of Bid Security<br />

The Bid Security can be <strong>for</strong>feited if …<br />

i. a Bidder withdraws his bid during the bid validity period; and / or<br />

ii. a bidder makes any statement or encloses any <strong>for</strong>m which turns out to be false, incorrect<br />

and/or misleading at any time prior to signing of contract and/or conceals or suppresses<br />

material in<strong>for</strong>mation; and / or<br />

iii.<br />

the successful Bidder fails to sign the Contract or furnish per<strong>for</strong>mance guarantee and other<br />

guarantee(s)/security in the <strong>for</strong>m and manner to the satisfaction of <strong>IDBI</strong> <strong>Bank</strong>, as mentioned in<br />

the Bid Documents.<br />

Any decision in this regard by <strong>IDBI</strong> <strong>Bank</strong> shall be final, conclusive and binding on the Bidder.<br />

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6. Period of Validity of Bids<br />

a) Validity Period<br />

Bids shall remain valid <strong>for</strong> 90 days (Ninety Days) after the date of bid opening prescribed by <strong>IDBI</strong><br />

<strong>Bank</strong>. <strong>IDBI</strong> <strong>Bank</strong> holds the rights to reject a bid valid <strong>for</strong> a period shorter than 90 days as nonresponsive,<br />

without any correspondence.<br />

b) Extension of Period of Validity<br />

In exceptional circumstances, <strong>IDBI</strong> <strong>Bank</strong> may solicit the Bidder’s consent to an extension of the<br />

validity period. The request and the response thereto shall be made in writing. Extension of<br />

validity period by the Bidder should be unconditional and irrevocable. The Bid Security provided<br />

shall also be suitably extended. A Bidder may refuse the request without <strong>for</strong>feiting the Bid<br />

Security. A Bidder granting the request will not be permitted to modify its bid. The decision of<br />

<strong>IDBI</strong> <strong>Bank</strong> in this behalf will be final, conclusive and binding on the bidder.<br />

7. Format and Signing of Bid<br />

i. Authentication of Bid<br />

The original bid shall be type written and shall be signed by a person or persons duly authorized<br />

to bind the bidder to the Contract. The letter of authorization shall be supported by a power‐ofattorney<br />

accompanying the bid. The person/s signing the bid shall initial all pages of the bid,<br />

except <strong>for</strong> the un‐amended printed literature.<br />

ii. Validation of interlineations in Bid<br />

Any interlineations, erasures or overwriting shall be valid only if the person/s signing the bid<br />

have authenticated the same with signature.<br />

8. Sealing and Marking of Bids<br />

The bids shall be submitted in the <strong>for</strong>m of two volumes :<br />

i) Vol ‐ I : Technical Bid<br />

ii) Vol ‐ II : Estimated Commercial Bid<br />

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The Bids (Vol‐I : Technical & Vol‐ II : Estimated Commercial) shall be placed in separate sealed<br />

envelopes. The Vol‐I ‐ Technical Bid Envelope should be super scribed as "Technical Bid <strong>for</strong><br />

Supply of Laptops to <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>." and Vol‐II Estimated Commercial Bid Envelope should be<br />

super scribed as "Estimated Commercial Bid <strong>for</strong> Supply of Laptops to <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>.". The<br />

envelopes carrying Technical Bid and Estimated Commercial Bid should then put in a Single Outer<br />

cover sealed. The cover should be super scribed as “Bid <strong>for</strong> Supply of Laptops to <strong>IDBI</strong> <strong>Bank</strong><br />

Limited" and a statement that “Do not open be<strong>for</strong>e 09/01/2013. The Sealed Bid Envelopes should<br />

be personally handed over to the authorized person at the address specified below between<br />

10.00 a.m. and 6.00 p.m. on any working day except Saturdays and Sundays on or be<strong>for</strong>e the last<br />

date <strong>for</strong> submission. On 09/01/2013, bids will be accepted till 4.00 PM. Technical bid shall include<br />

all the technical details along with the EMD and Cost of bid amount. Estimated Price bid shall<br />

include only the price bid without any other conditions.<br />

Bid envelopes shall also indicate the name and address of the bidder to enable the bid to be<br />

returned unopened in case it is declared "Late". No indications pertaining to price or financial or<br />

commercial terms are to be made on the envelopes.<br />

ii) Address <strong>for</strong> Submission of Bids<br />

Bids shall be addressed to Advisor – IT, <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. and sent to the below‐mentioned person at<br />

the following address.<br />

Vineet Gupta<br />

<strong>IDBI</strong> Intech Limited, <strong>IDBI</strong> Building,<br />

Plot No.39‐41, Sector‐11, CBD Belapur<br />

Navi Mumbai – 400 614. Maharashtra<br />

iii) Responsibility of <strong>IDBI</strong> <strong>Bank</strong><br />

If the outer envelope is not sealed and marked as specified above, <strong>IDBI</strong> <strong>Bank</strong> will assume no<br />

responsibility <strong>for</strong> the bid’s misplacement or premature opening.<br />

9. Rejection of Bid<br />

The bid has to be submitted in original in the <strong>for</strong>m of printed document with a covering letter on<br />

the letter‐head of the bidder. The bids submitted by telex, fax or email bids shall not be<br />

entertained.<br />

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Any condition put <strong>for</strong>th by the bidders not con<strong>for</strong>ming to the bid requirements, shall NOT be<br />

entertained and such bid shall be rejected.<br />

The decision of <strong>IDBI</strong> <strong>Bank</strong> in this behalf will be final, conclusive and binding on the bidder.<br />

10. Extension of Last date <strong>for</strong> Submission<br />

<strong>IDBI</strong> <strong>Bank</strong>, may at its own discretion, extend the period <strong>for</strong> submission of bids by amending the<br />

Bid Documents / <strong>RFP</strong>, in which case all rights and obligations of <strong>IDBI</strong> <strong>Bank</strong> and bidders shall stand<br />

extended. However no request <strong>for</strong> extension of time from the bidders shall be binding upon <strong>IDBI</strong><br />

<strong>Bank</strong>. The decision of <strong>IDBI</strong> <strong>Bank</strong> in this behalf will be final, conclusive and binding on the bidder.<br />

11. Late Bids<br />

Any bid received by <strong>IDBI</strong> <strong>Bank</strong> after the deadline <strong>for</strong> submission of bids prescribed by <strong>IDBI</strong> <strong>Bank</strong> ,<br />

will be summarily rejected and returned unopened to the bidder. <strong>IDBI</strong> <strong>Bank</strong> shall not be<br />

responsible <strong>for</strong> any postal delay or non‐receipt / non‐delivery of the documents. No further<br />

correspondence on this subject will be entertained.<br />

12. Modification and Withdrawal of Bids<br />

a) Written Notice<br />

The bidder may modify or withdraw its bid after the bid’s submission, provided <strong>IDBI</strong> <strong>Bank</strong><br />

receives a written notice of the modification or withdrawal, be<strong>for</strong>e the expiration of deadline<br />

prescribed <strong>for</strong> submission of bids.<br />

b) Signing and Marking of Notice<br />

The bidder’s modification or withdrawal notice shall be prepared, sealed, marked and<br />

dispatched to <strong>IDBI</strong> <strong>Bank</strong>. A duly signed withdrawal notice may also be sent by fax or post so as to<br />

reach the designated office be<strong>for</strong>e the expiration of deadline <strong>for</strong> submission of bids.<br />

c) Last Date <strong>for</strong> Notice<br />

No bid may be modified subsequent to the deadline <strong>for</strong> submission of bids. No bid may be<br />

withdrawn in the interval between the deadline <strong>for</strong> submission of bids and the expiration of<br />

period of bid validity specified by the bidder on the bid <strong>for</strong>m. Withdrawal of a bid during this<br />

interval may result in the bidder’s <strong>for</strong>feiture of its Bid Security.<br />

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I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

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B) Bid Opening and Evaluation of Bids<br />

13. Opening of Technical Bids<br />

<strong>IDBI</strong> <strong>Bank</strong> will open all Technical Bids, in the presence of bidders’ representatives who choose to<br />

attend the Bid opening at <strong>IDBI</strong> Intech <strong>Ltd</strong>. at the address, date & time specified above. Bidder's<br />

representatives who are present shall sign a register evidencing their attendance. In the event of the<br />

specified date of Bid opening being declared a holiday <strong>for</strong> <strong>IDBI</strong> <strong>Bank</strong>, the bids shall be opened at the<br />

appointed time and location on the next working day.<br />

14. Announcement of Bids<br />

The bidder’s names, bid modifications or withdrawals and the presence or absence of requisite Bid<br />

Security and such other details as <strong>IDBI</strong> <strong>Bank</strong>, at its sole discretion, may consider appropriate, will be<br />

announced at the time of opening. No bid shall be rejected at bid opening, except <strong>for</strong> late bids,<br />

which shall be returned unopened to the bidders.<br />

Bids Not Considered For Evaluation<br />

Bids that are rejected during the bid opening process shall not be considered <strong>for</strong> further<br />

evaluation, irrespective of the circumstances. The decision of <strong>IDBI</strong> <strong>Bank</strong> in this behalf will be<br />

final, conclusive and binding on the bidder.<br />

Bids submitted by the Consortium of Companies<br />

The Bids submitted by consortium will be rejected.<br />

15. Clarification of Bids<br />

During evaluation of bids, <strong>IDBI</strong> <strong>Bank</strong> may, at its discretion, ask the bidder <strong>for</strong> a clarification of its bid.<br />

The request <strong>for</strong> clarification and the response shall be in writing. If the response to the clarification<br />

is not received within the prescribed period, <strong>IDBI</strong> <strong>Bank</strong> reserves the right to make its own<br />

reasonable assumptions at the total risk and cost of the bidder.<br />

16. Compliances<br />

i. Bids must be accompanied by Cost of bid, Bid Security/EMD as specified in the Bid Document<br />

along with the Technical Bid (Vol‐I).<br />

ii. The bidder shall commit in writing to Supply, Install & Maintain the Laptops (during warranty<br />

period) as per the time schedule indicated in this <strong>RFP</strong>.<br />

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iii. The bidder shall commit that the key personnel to be employed <strong>for</strong> carrying out the supply,<br />

installation & maintenance are qualified enough with adequate experience to handle the same<br />

and involved in similar installations.<br />

iv.<br />

The bidder must provide an undertaking to comply with all the statutory requirements as well as<br />

any other requirements specified by <strong>IDBI</strong> <strong>Bank</strong> from time to time, within the contract period.<br />

v. The date of supply & installation of Laptops shall not be later than Four Weeks from the date<br />

of the Purchase Order/s. The bidder shall categorically undertake to meet this timeline. Time<br />

being the essence of the contract; the bidder is not likely to be considered if there is no such<br />

undertaking.<br />

17. Completeness of bids<br />

<strong>IDBI</strong> <strong>Bank</strong> will examine the bids to determine whether they are complete, meet all the terms,<br />

conditions and Technical Specifications and whether any computational errors have been made,<br />

whether required sureties have been furnished, whether the documents have been properly signed,<br />

and whether the bids are generally in order.<br />

18. Rejection of Non‐responsive bids<br />

A bid determined as not responsive will be rejected by <strong>IDBI</strong> <strong>Bank</strong> and may not subsequently be made<br />

responsive by the bidder by correction of the noncon<strong>for</strong>mity. Any decision in this regard by <strong>IDBI</strong><br />

<strong>Bank</strong> shall be final, conclusive and binding on the bidder.<br />

19. Waivers<br />

<strong>IDBI</strong> <strong>Bank</strong> may waive any minor in<strong>for</strong>mality or noncon<strong>for</strong>mity or irregularity in a bid, which does not<br />

constitute a material deviation, provided such waiver, does not prejudice or affect the relative<br />

ranking of any bidder.<br />

20. Rectification of Errors<br />

Decision as to any arithmetical error manifest or otherwise in response to Bid Document / <strong>RFP</strong> shall<br />

be decided at the sole discretion of <strong>IDBI</strong> <strong>Bank</strong> and shall be binding on the bidder. Any decision of <strong>IDBI</strong><br />

<strong>Bank</strong> in this regard shall be final, conclusive and binding on the bidder.<br />

21. Rejection / Acceptance of bid<br />

<strong>IDBI</strong> <strong>Bank</strong> reserves the right to cancel, annul or abandon the entire Bid process in case of any<br />

anomaly, irregularity or discrepancy or <strong>for</strong> any other reasons or otherwise without thereby incurring<br />

any liability whatsoever to the affected Bidders or any obligation to in<strong>for</strong>m the affected Bidders of<br />

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the grounds <strong>for</strong> the <strong>IDBI</strong> <strong>Bank</strong>’s action. <strong>IDBI</strong> <strong>Bank</strong> shall not be bound to give any reasons or explain<br />

the rationale <strong>for</strong> its actions / decisions to annul or abandon or cancel the bid process. Any action /<br />

decision od <strong>IDBI</strong> <strong>Bank</strong> in this regard shall be final, conclusive and binding on the Bidder. <strong>IDBI</strong> <strong>Bank</strong><br />

further reserves the right to re‐issue / re‐commence the bid or circulate new <strong>RFP</strong> altogether on the<br />

subject matter or any activity or part thereof concerning thereto. Any decision of <strong>IDBI</strong> <strong>Bank</strong> in this<br />

regard shall be final, conclusive and binding on the Bidder.<br />

22. Cancellation of bid<br />

<strong>IDBI</strong> <strong>Bank</strong> reserves the right to re‐issue /re‐commence the entire bid process in case of any anomaly,<br />

irregularity or discrepancy in regard thereof. Any decision of <strong>IDBI</strong> <strong>Bank</strong> in this regard shall be final,<br />

conclusive and binding on the bidder.<br />

23. Evaluation and comparison of bids<br />

a) A committee constituted by <strong>IDBI</strong> <strong>Bank</strong> <strong>for</strong> the purpose of selection of the successful bidder,<br />

would evaluate the Technical Bids to qualify the Bidders. The qualified Bidders participating in the<br />

Online Reverse Auction will be guided to have a Digital Certificate <strong>for</strong> participating in the auction<br />

and other process of auction. The Successful Bidder shall be selected through the Online Reverse<br />

Auction on the basis of lowest total price quoted <strong>for</strong> all Laptops (both types together).<br />

a) Either OEMs or their Channel partner (not both) can participate in the Tender. In case of<br />

Channel partner’s participation on behalf of the OEM, authority letter from the OEM should be<br />

attached. Also one channel partner can participate only <strong>for</strong> one OEM vendor.<br />

b) The bidder shall indicate the estimated unit prices and total Bid Prices of the goods / services it<br />

proposes to provide under the Contract.<br />

c) Apart from the above, the company profile, past experience and per<strong>for</strong>mance track record of<br />

the bidder in the area of the assignment, methodology to be adopted to carry out the<br />

assignment, delivery schedule, service support, price, etc. shall be some of the important criteria<br />

in selecting the bidder.<br />

d) During the period of evaluation, bidders may be asked to provide more details and explanations<br />

about in<strong>for</strong>mation they have provided in the proposals. Bidders should respond to such requests<br />

within the time frame indicated in the letter/e‐mail seeking the explanation.<br />

e) <strong>IDBI</strong> <strong>Bank</strong> reserves the right to modify / amend the evaluation process at any time during the<br />

bid process, without assigning any reason whatsoever, and without any requirement of<br />

intimating the bidders of any such change. Any time during the process of evaluation, <strong>IDBI</strong><br />

<strong>Bank</strong> may seek specific clarifications from any or all bidders.<br />

f) <strong>IDBI</strong> <strong>Bank</strong> will select the successful bidder through Online Reverse Auction (ORA) on the basis of<br />

lowest total price quoted <strong>for</strong> all Laptops (both types together). The above total price includes<br />

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I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

Laptop cost, battery cost, cost of software preloaded in the laptop, 36 months comprehensive<br />

onsite warranty on the laptop and its preloaded software and 12 months on its battery and<br />

installation cost inclusive of all taxes, duties, Delivery charges, Handling charges at site except<br />

Octroi/ Entry Tax. Bidders should submit necessary details that would help in evaluation. No<br />

intimation would be sent to the unsuccessful bidders.<br />

g) <strong>IDBI</strong> <strong>Bank</strong>'s decision in respect to evaluation methodology and short‐listing bidders will be final<br />

and no claims whatsoever in this respect will be entertained.<br />

h) <strong>IDBI</strong> <strong>Bank</strong> is not bound to accept the lowest or any bid and has the right to reject any, some or all<br />

the bids without assigning any reason whatsoever.<br />

i) <strong>IDBI</strong> <strong>Bank</strong> also reserves the absolute and unfettered right to re‐issue/re‐commence the bid/bid<br />

process. Any decision in this regard by <strong>IDBI</strong> <strong>Bank</strong> shall be final, conclusive and binding on the<br />

bidders<br />

24. Online Reverse Auction (ORA):‐ The commercial bidding process will be through ORA. The<br />

successful Bidder will be selected through Online Reverse Auction. All qualified bidders based on the<br />

evaluation of technical bids submitted by them will be invited to participate in the ORA process. The<br />

qualified Bidders will need to have a Digital Certificate to participate in the ORA.<br />

25. Contacting <strong>IDBI</strong> <strong>Bank</strong><br />

a) Contact by Writing<br />

No bidder shall contact <strong>IDBI</strong> <strong>Bank</strong> on any matter relating to its bid; from the time of the bid<br />

opening to the time the Contract is awarded. If the Bidder wishes to bring additional<br />

in<strong>for</strong>mation to the notice of <strong>IDBI</strong> <strong>Bank</strong>, it should be done in writing.<br />

b) Rejection of bid<br />

Any ef<strong>for</strong>t by a bidder to influence <strong>IDBI</strong> <strong>Bank</strong> in its decisions on bid evaluation, bid comparison or<br />

Contract award may result in rejection of the bidder’s bid. The decision of <strong>IDBI</strong> <strong>Bank</strong> in this<br />

behalf will be final, conclusive and binding on the bidder.<br />

C) Award of Contract<br />

26. <strong>IDBI</strong> <strong>Bank</strong>’s right to accept any bid and/or to reject any, some or all bids<br />

<strong>IDBI</strong> <strong>Bank</strong> shall however not bind itself to accept the best bid or any bid and reserves the right to<br />

accept any bid, wholly or in part. <strong>IDBI</strong> <strong>Bank</strong> reserves rights to annul the bidding process and/or reject<br />

any, some or all the bids at any time be<strong>for</strong>e the award of Contract at its sole discretion, without<br />

thereby incurring any liability to the affected bidder or bidders.<br />

27. Testing :‐<br />

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i) The Successful Bidder/ Supplier should have facilities to carry out all the tests at factory<br />

centre and at site. Tests will have to be satisfactorily carried out be<strong>for</strong>e acceptance as and<br />

when desired by <strong>IDBI</strong> <strong>Bank</strong>.<br />

ii) If the Laptop does not con<strong>for</strong>m to specifications either during factory test or at site, the <strong>IDBI</strong><br />

<strong>Bank</strong> reserves the right to reject the same. The successful tenderer shall then have to remove<br />

at no extra cost to the <strong>IDBI</strong> <strong>Bank</strong> the same at his cost from site and supply a new Laptop<br />

con<strong>for</strong>ming to the specifications.<br />

iii) The <strong>IDBI</strong> <strong>Bank</strong> reserves the right to randomly decide to carry out testing of a few Laptops at<br />

site (maximum say up to 10%) after installation at the cost of Laptop vendor, who will be<br />

required to arrange <strong>for</strong> all the necessary requirements and carry out the tests through<br />

vendor’s personnel in the presence of <strong>Bank</strong>’s officials.<br />

28. Notification of acceptance of bid<br />

a) Notification to bidder<br />

Be<strong>for</strong>e the expiry of the period of validity of the proposal, <strong>IDBI</strong> <strong>Bank</strong> shall notify the successful<br />

bidder in writing by registered letter/fax/email or by hand‐delivery, that their bid has been<br />

accepted. The bidder/s shall acknowledge in writing receipt of the notification of acceptance and has<br />

to convey their absolute and unconditional acceptance and thereafter enter into Agreement /<br />

Contract within 1 (one) month from the date of acceptance/LOI. Stamp Duty / Incidental charges<br />

<strong>for</strong> signing of Agreement and / or <strong>Bank</strong> Guarantee, if any, will be borne by the Successful Bidder.<br />

b) Signing of Contract<br />

The notification of the acceptance shall be followed by signing of the Contract as per the <strong>for</strong>mat<br />

provided in <strong>RFP</strong> (Form ‐10). However, <strong>IDBI</strong> <strong>Bank</strong> may negotiate certain terms with successful Bidder<br />

be<strong>for</strong>e signing of the Contract. The Bidder should sign the Agreement which will amount to award of<br />

contract and the Bidder will initiate the execution of the work as specified in the Contract. The<br />

signing of contract shall be completed within 1 (one) month of receipt of notification of the<br />

acceptance of bid / receipt of LOI.<br />

29. Discharge of Bid Security (EMD)<br />

Upon the successful Bidder signing the Contract/Agreement, <strong>IDBI</strong> <strong>Bank</strong> shall promptly request the<br />

Bidder/s to provide per<strong>for</strong>mance guarantee. EMD of successful Bidder shall be discharged on the<br />

Successful Bidder signing the Contract/Agreement and upon furnishing the Per<strong>for</strong>mance<br />

Guarantee. The Bid Security (EMD) to unsuccessful bidders shall be discharged as specified earlier<br />

30. Per<strong>for</strong>mance Guarantee<br />

i. Within 1 month of receipt of acceptance of bid by <strong>IDBI</strong> <strong>Bank</strong>, the successful Bidder shall<br />

furnish the Per<strong>for</strong>mance <strong>Bank</strong> Guarantee as per the <strong>for</strong>mat provided in Guarantee <strong>for</strong><br />

Per<strong>for</strong>mance of Contract (Form‐9).<br />

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ii.<br />

iii.<br />

iv.<br />

The value of the Per<strong>for</strong>mance <strong>Bank</strong> Guarantee will be 10% of the contract value. It should be<br />

obtained from a scheduled commercial bank and couriered directly by the issuing <strong>Bank</strong> to<br />

<strong>IDBI</strong> <strong>Bank</strong> at the specified address.<br />

The proceeds of the Per<strong>for</strong>mance Guarantee shall be payable to <strong>IDBI</strong> <strong>Bank</strong> as compensation<br />

<strong>for</strong> any loss or damage resulting from the Bidder’s failure to supply, install and / or maintain<br />

the Laptops within the stipulated time as per the purchase order/s and in accordance with<br />

the Contract.<br />

The Per<strong>for</strong>mance <strong>Bank</strong> Guarantee should be valid <strong>for</strong> a period of 3 years from the date of<br />

installation of laptops.<br />

v. Failure of the successful Bidder to comply with the requirement of the Per<strong>for</strong>mance <strong>Bank</strong><br />

Guarantee shall constitute sufficient grounds <strong>for</strong> the annulment of the award and <strong>for</strong>feiture<br />

of the Bid Security, in which event <strong>IDBI</strong> <strong>Bank</strong> will be free to award the Contract to the next<br />

best evaluated bidder or call <strong>for</strong> new bids. Any decision in this regard by <strong>IDBI</strong> <strong>Bank</strong> shall be<br />

final, conclusive and binding on the Bidder.<br />

vi.<br />

The Per<strong>for</strong>mance Guarantee will be discharged by <strong>IDBI</strong> <strong>Bank</strong> and returned to the Vendor<br />

within 90 (Ninety) days from the expiry of the validity period of the per<strong>for</strong>mance bank<br />

guarantee.<br />

31. Expenses <strong>for</strong> the Contract<br />

The incidental expenses of execution of Agreement / Contract including cost of stamp papers /<br />

franking shall be borne by the successful Bidder.<br />

32. Failure to abide by the Agreement / Contract<br />

The conditions stipulated in the Agreement/Contract shall be strictly adhered to and any breach<br />

/ violation thereof will entail termination of the Contract without prejudice to the other rights of<br />

<strong>IDBI</strong> including penalties as specified in this <strong>RFP</strong> or Agreement / Contract.<br />

33. Annulment of Award /Failure of the successful Bidder to comply with the requirement shall<br />

constitute sufficient ground <strong>for</strong> the annulment of the award and <strong>for</strong>feiture of the Bid Security,<br />

in which event <strong>IDBI</strong> <strong>Bank</strong> may at its sole discretion, make the award to the next best<br />

evaluated bidder or call <strong>for</strong> new bids.<br />

34. Definitions<br />

In the Contract, the following terms shall have the following meanings and shall be interpreted<br />

accordingly:<br />

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a) "The Contract" means the agreement to be entered into between <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. and the<br />

Bidder as recorded in the contract <strong>for</strong>m duly signed by the Parties, including all annexure,<br />

schedules, exhibits, supplements, appendices, amendments, revisions, notations and<br />

modifications thereof <strong>for</strong> supplying specified no. of Laptops (subject to variation), with the<br />

specifications contained in the <strong>RFP</strong>, to be installed at various locations of <strong>IDBI</strong> <strong>Bank</strong> with 36‐<br />

months comprehensive onsite warranty on Laptop and its preloaded software and 12‐<br />

months on its batteries from the date of installation of the respective Laptop. The<br />

specifications of the Laptops are as described under Section 6:Technical Specifications of<br />

Laptops.<br />

b) “Bidder" or "Contractor” or "Vendor" means any person / persons / firm / company, etc., to<br />

whom work has been awarded and whose bid/s has been accepted by <strong>IDBI</strong> <strong>Bank</strong> and shall include<br />

its authorized representatives and successors.<br />

c) "<strong>IDBI</strong> <strong>Bank</strong> " or “Purchaser” means <strong>IDBI</strong> <strong>Bank</strong> Limited including its successors and assigns.<br />

d) "The Contract Price" means the price/compensation payable to the Vendor/Bidder under and<br />

in accordance with the Contract <strong>for</strong> the due per<strong>for</strong>mance and observance of its contractual<br />

obligations under and in accordance with the Contract.<br />

e) "Service(s)" means and includes all activities towards Supply, Installation and Comprehensive<br />

Maintenance of the Laptops <strong>for</strong> a period of 3 years from the date of installation, which the<br />

Vendor/ Bidder is required to provide to the Purchaser/<strong>IDBI</strong> <strong>Bank</strong> under and in accordance<br />

with the Contract.<br />

f) In case of a difference of opinion on the part of the bidder in comprehending and /or<br />

interpreting any clause / provision of the Bid Documents after submission of the bid, the<br />

interpretation by Purchaser/<strong>IDBI</strong> <strong>Bank</strong> and decision of Purchaser/<strong>IDBI</strong> <strong>Bank</strong> in this behalf shall<br />

be final, conclusive and binding on the bidder.<br />

g) “Acceptance of bid” means the letter/fax or any memorandum communicating to the Bidder<br />

the acceptance of his bid.<br />

h) “Business Day” means any day that is not a Sunday or a public holiday (as per the official<br />

holidays observed by <strong>IDBI</strong> <strong>Bank</strong>).<br />

i) “Document” means any embodiment of any text or image howsoever recorded and includes<br />

any data, text, images, graphs, sound, voice, codes, computer programmes, software and / or<br />

databases or microfilm or computer generated microfiche or similar device.<br />

j) “Effective Date” means the date on which this Contract is signed and executed by the Parties<br />

hereto. If this Contract is executed in parts, then the date on which the last of such Contracts is<br />

executed shall be construed to be the Effective Date.<br />

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k) “Intellectual Property Rights (IPR)” means any patent, copyright, trademark, trade name,<br />

design, trade secret, permit, service marks, brands, propriety in<strong>for</strong>mation, knowledge,<br />

technology, licenses, databases, computer programs, software, know‐how or other <strong>for</strong>m of<br />

intellectual property right, title, benefits or interest whether arising be<strong>for</strong>e or after the execution<br />

of this Contract and the right to ownership and registration of these rights.<br />

l) “Parties” means the Purchaser/<strong>IDBI</strong> <strong>Bank</strong> and the Bidder/Vendor and “Party” means either of<br />

the Parties.<br />

m) “Location” means the place in which the Services are to be carried out or places approved by<br />

the Purchaser <strong>for</strong> the purposes of the Contract together with any other places designated in the<br />

Contract as <strong>for</strong>ming part of the Location.<br />

n) "Supply" means and essentially contains the actual delivery of Laptops at different locations<br />

of the purchaser / <strong>IDBI</strong> <strong>Bank</strong> as per the respective Purchase Orders issued from time to time.<br />

o) “Services” means and includes the scope of work and service level requirements envisaged in<br />

the <strong>RFP</strong>.<br />

35. Interpretation<br />

In this Contract unless a contrary intention is evident:<br />

a) the clause headings are <strong>for</strong> convenient reference(s) only and do not <strong>for</strong>m part of this Contract;<br />

b) unless otherwise specified a reference to a clause number is a reference to all of its sub‐clauses;<br />

c) unless otherwise specified a reference to a clause, sub‐clause or section is a reference to a clause,<br />

sub‐clause or section of this Contract including any amendments or modifications to the same<br />

from time to time;<br />

d) a word in the singular includes plural and a word in the plural includes singular;<br />

e) a word importing a gender includes any other gender;<br />

f) a reference to a person includes a partnership and a body corporate;<br />

g) a reference to legislation includes legislation repealing, replacing or amending that legislation;<br />

h) where a word or phrase is given a particular meaning it includes the appropriate grammatical<br />

<strong>for</strong>ms of that word or phrase which have corresponding meanings;<br />

i) Reasonability and materiality of "doubt" and "controversy" shall be at the discretion of <strong>IDBI</strong><br />

<strong>Bank</strong>.<br />

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j) The words not expressly defined herein shall have meanings ascribed to them in the General<br />

Clauses Act, 1897.<br />

36. Conditions Precedent<br />

a) The Contract is subject to the fulfillment of the following conditions precedent by the Bidder.<br />

i. Furnishing of an unconditional and irrevocable Per<strong>for</strong>mance <strong>Bank</strong> Guarantee (Per<strong>for</strong>mance<br />

Security) as mentioned in Section 5 (A) of Instructions to Bidders as per the <strong>for</strong>mat given in<br />

Guarantee <strong>for</strong> Per<strong>for</strong>mance of Contract (Form‐9).<br />

ii. Execution of a Deed of Indemnity as per <strong>for</strong>mat given in Pro<strong>for</strong>ma <strong>for</strong> Deed of Indemnity (Form<br />

‐5).<br />

iii. Obtaining of all statutory, regulatory and other permissions, approvals, consents and noobjections<br />

required under applicable laws <strong>for</strong> the supply and per<strong>for</strong>mance of the service(s)<br />

under and in accordance with the Contract.<br />

iv. Furnishing solvency certificate and certificate confirming that there are no vigilance or court<br />

cases threatened or pending against the Bidder.<br />

v. Furnishing of such other documents as <strong>IDBI</strong> <strong>Bank</strong> / Purchaser may specify, including but not<br />

limited to definitive documents.<br />

vi. Execution of a Non‐Disclosure Agreement as per <strong>for</strong>mat given in Non‐Disclosure Agreement<br />

Form (Form‐2).<br />

37. Standard of Per<strong>for</strong>mance<br />

The Vendor shall supply and per<strong>for</strong>m the service(s) and carry out its obligations under the Contract<br />

with due diligence, efficiency and economy, in accordance with generally accepted techniques and<br />

practices used in industry and with professional engineering standards recognized by the<br />

international professional bodies. . The Vendor shall safeguard <strong>IDBI</strong> <strong>Bank</strong>’s interests in any dealing<br />

with third parties.<br />

Use of Contract Documents & In<strong>for</strong>mation<br />

a) The Vendor shall treat all documents, in<strong>for</strong>mation, data and communication of and with <strong>IDBI</strong><br />

<strong>Bank</strong> / Purchaser as privileged and confidential. The Vendor shall not, without Purchaser's prior<br />

written consent, disclose the Contract, or any provision thereof, or any specification, plan,<br />

sample or in<strong>for</strong>mation furnished by or on behalf of Purchaser/<strong>IDBI</strong> <strong>Bank</strong> in connection therewith,<br />

to any person other than a person employed by the Vendor in the per<strong>for</strong>mance of the Contract.<br />

Disclosure to any such employed person shall be made in utmost confidence and shall extend<br />

only so far as may be necessary and relevant <strong>for</strong> purpose of such per<strong>for</strong>mance.<br />

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b) The Vendor shall not, without Purchaser's/<strong>IDBI</strong> <strong>Bank</strong> 's prior written consent, make use of any<br />

document, data or in<strong>for</strong>mation etc., enumerated in this Bid Document save and except <strong>for</strong> due<br />

per<strong>for</strong>mance and observance of the Contract.<br />

c) Any document, other than the Contract itself, enumerated in this Bid Document shall remain the<br />

property of Purchaser/<strong>IDBI</strong> <strong>Bank</strong> and shall be returned (in all copies) to Vendor on completion of<br />

the Vendor's per<strong>for</strong>mance under and in accordance with the Contract, if so required by<br />

Purchaser/<strong>IDBI</strong> <strong>Bank</strong>.<br />

38. Intellectual Property Rights and Patent Rights<br />

a) The Vendor shall ensure that while it uses any software, hardware, processes or material in the<br />

course of per<strong>for</strong>ming the service(s), it does not infringe the Intellectual Property Rights of any<br />

person and the Vendor shall keep the Purchaser/<strong>IDBI</strong> <strong>Bank</strong>, its directors, employees, agents and<br />

representatives indemnified against all costs, charges, expenses, liabilities, claims, damages,<br />

suits, litigations, judgments and/or otherwise howsoever, arising out of any illegal or<br />

unauthorized use (piracy) or in connection with any claim or proceedings relating to any breach<br />

or violation of any permission/license terms or infringement of any Intellectual Property Rights by<br />

the Vendor or any sub‐Bidder during the course of per<strong>for</strong>mance of the service(s).<br />

39. Indemnity<br />

The Vendor shall execute and furnish to the Purchaser, a deed of indemnity in favour of the<br />

Purchaser/<strong>IDBI</strong> <strong>Bank</strong> in a <strong>for</strong>m and manner, as given in Pro<strong>for</strong>ma <strong>for</strong> Deed of Indemnity (Form No.<br />

5), indemnifying the Purchaser/<strong>IDBI</strong> <strong>Bank</strong>, its directors, employees, agents and representatives from<br />

and against any costs, loss, damages, expense, claims, litigations, suits, actions, judgments, and or<br />

otherwise including but not limited to those from customers and third parties or liabilities of any kind<br />

howsoever suffered, arising out of or incurred inter‐alia during and after the Contract period<br />

including but not limited to third‐party claims due to infringement of patent, trademark, Intellectual<br />

Property Rights, copy‐rights or industrial drawings and designs arising from use of the services or any<br />

part thereof and/or otherwise.<br />

40. Inspection and Quality Control Tests<br />

Purchaser's right to inspect, test and where necessary, reject the goods after their arrival at the<br />

destination shall in no way be limited or waived by reason of the goods having previously been<br />

inspected, tested, and passed by Purchaser or its representative prior to the goods’ shipment from<br />

the place of origin.<br />

Nothing stated herein above shall in any way release or discharge the Bidder from any warranty or<br />

other obligations / liabilities under and in accordance with this Contract.<br />

41. Contract Amendments<br />

No variation in or modification of the terms of the Contract shall be made except by written mutual<br />

consent signed by both the Parties i.e. the Vendor and <strong>IDBI</strong> <strong>Bank</strong>.<br />

42. Delay in the Vendor’s Per<strong>for</strong>mance<br />

a) Per<strong>for</strong>mance of the Contract shall be made by the Vendor in accordance with the time schedule<br />

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specified by <strong>IDBI</strong> <strong>Bank</strong>.<br />

b) A delay by the Vendor in the per<strong>for</strong>mance of its Contract obligations shall render the Vendor<br />

liable to any or all the following sanctions :<br />

i. Forfeiture of its per<strong>for</strong>mance guarantee<br />

ii. Imposition of liquidated damages, and/or<br />

iii. Termination of the Contract <strong>for</strong> default<br />

c) If at any time during per<strong>for</strong>mance of the Contract, the Vendor encounters conditions impeding<br />

timely Supply & completion of the Service(s) under the Contract, the Vendor shall promptly<br />

notify <strong>IDBI</strong> <strong>Bank</strong> in writing of the fact of the delay, its likely duration and its causes. As far as<br />

practicable after receipt of the Vendor’s notice, <strong>IDBI</strong> <strong>Bank</strong> shall evaluate the situation and may at<br />

its discretion extend the Vendor’s time <strong>for</strong> per<strong>for</strong>mance, in which case the extension shall be<br />

ratified by the Parties by amendment of the Contract.<br />

43. Quality Check and Acceptance Certificate<br />

a) <strong>IDBI</strong> <strong>Bank</strong> reserves the right to evolve a procedure of Quality Checking to ensure that the<br />

supplied Laptops confirms to the prescribed specifications and the intended purpose.<br />

b) Nothing stated herein above shall in any way release or discharge the Vendor from any warranty<br />

or other obligations/liabilities under & in accordance with the Contract/Agreement.<br />

c) On successfully meeting of the acceptance criteria, receipt of deliverables, etc, and after <strong>IDBI</strong><br />

<strong>Bank</strong> /Purchaser (which shall not be deemed to be an obligation on the Purchaser) is satisfied<br />

with the implementation of the Assignment, the Acceptance Certificate will be issued by <strong>IDBI</strong><br />

<strong>Bank</strong> /Purchaser. The date on which such certificate is signed shall be deemed to be the date of<br />

successful completion of the Assignment.<br />

44. Payment Terms<br />

a) Supply / Installation Stage<br />

1 Per<strong>for</strong>mance Guarantee Amount 10% of the contract value.<br />

2<br />

3<br />

4<br />

Required period of validity of the<br />

per<strong>for</strong>mance guarantee<br />

Period within which the<br />

purchaser will return the<br />

per<strong>for</strong>mance guarantee<br />

Period within which services<br />

under the contract are to be<br />

completed / commissioned from<br />

the date of signing of the contract<br />

3 years from the date of installation of laptops<br />

within 90 (Ninety) days from the expiry of the validity<br />

period of the per<strong>for</strong>mance bank guarantee.<br />

Within 4 (Four) weeks of issue of Purchase Order/s <strong>for</strong><br />

supply and installation of Laptops as per respective<br />

Purchase Orders.<br />

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5 Payment terms<br />

100% contract amount on submission of original<br />

invoice along with installation report duly signed &<br />

stamped from respective location to the satisfaction<br />

of <strong>IDBI</strong> <strong>Bank</strong>.<br />

b) Maintenance / Support Stage :<br />

i. The Vendor’s request(s) <strong>for</strong> payment shall be made to <strong>IDBI</strong> <strong>Bank</strong> in writing (Invoice)<br />

accompanied by installation report duly signed and stamped by <strong>IDBI</strong> <strong>Bank</strong>'s representative at<br />

respective location.<br />

ii. All the payments to the Vendor shall be subject to the report of satisfactory accomplishment of<br />

the concerned task, to be certified by the respective location head where the Laptop is<br />

installed.<br />

iii. Penalties, if any, on account of liquidated damages and non‐compliance of SLA (Service Level<br />

Agreement), shall be deducted from the invoice value.<br />

45. Liquidated Damages<br />

a) If the Vendor fails to Supply, Install or Maintain any or all of the Laptops as per the purchase<br />

order, within the time period(s) specified in the Contract/Purchase Order, <strong>IDBI</strong> <strong>Bank</strong> shall,<br />

without prejudice to its other rights and remedies under and in accordance with the<br />

Contract/Agreement, deduct from the Contract price, as liquidated damages, a sum<br />

equivalent to 1% per week or part thereof of order value <strong>for</strong> the delayed laptop(s) inclusive of<br />

all taxes subject to maximum deduction of 5% of the order value. In case of undue delay<br />

beyond a period of 15 days unless otherwise waived by <strong>IDBI</strong> <strong>Bank</strong> / Purchaser, Purchaser may<br />

consider cancellation of the order (with immediate intimation) / termination of the Contract<br />

with a 30 day prior intimation.<br />

b) If the Vendor fails to supply & install the entire quantity of Laptops as per the Purchase<br />

Order/s be<strong>for</strong>e the scheduled completion date or the extended date or if the Vendor<br />

repudiates to Supply, Install or Maintain the Laptops within the time scheduled as per the<br />

Contract / Purchase Order, <strong>IDBI</strong> <strong>Bank</strong> may without prejudice to any other right or remedy<br />

available to <strong>IDBI</strong> <strong>Bank</strong> as under the Contract, recover from the Vendor, as ascertained and<br />

agreed liquidated damages.<br />

c) <strong>IDBI</strong> <strong>Bank</strong> may without prejudice to its right to effect recovery by any other method, deduct<br />

the amount of liquidated damages from any money belonging to the Vendor in its hands<br />

(which includes <strong>IDBI</strong> <strong>Bank</strong>'s right to claim such amount against Vendor's <strong>Bank</strong> Guarantee) or<br />

which may become due to the Vendor. Any such recovery or liquidated damages shall not in<br />

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any way relieve the Vendor from any of its obligations to continue the Service/s or from any<br />

other obligations and liabilities under the Contract/Agreement.<br />

46. Force Majeure<br />

a) Notwithstanding the provisions of this <strong>RFP</strong> the Vendor shall not be liable <strong>for</strong> <strong>for</strong>feiture of its<br />

Per<strong>for</strong>mance <strong>Bank</strong> Guarantee, liquidated damages or termination <strong>for</strong> default, if and to the extent<br />

that, its delay in per<strong>for</strong>mance or other failure to per<strong>for</strong>m its obligations under the<br />

Contract/Agreement is the result of an event of Force Majeure.<br />

b) For purpose of this Clause “Force Majeure” means war or revolution, terrorist act, fire, flood,<br />

earthquake, epidemic, quarantine restriction and freight embargoes.<br />

c) If a Force Majeure situation arises, the Vendor shall promptly notify <strong>IDBI</strong> <strong>Bank</strong> in writing of<br />

such conditions and the cause thereof. Unless otherwise directed by <strong>IDBI</strong> <strong>Bank</strong> in writing,<br />

the Vendor shall continue to per<strong>for</strong>m its obligations under the Contract as far as is<br />

reasonably practical and shall seek all reasonable alternative means <strong>for</strong> per<strong>for</strong>mance not<br />

prevented by the Force Majeure event. <strong>IDBI</strong> <strong>Bank</strong> may terminate the Contract/Agreement,<br />

by giving a written notice of minimum 30 days to the Vendor, if as a result of Force Majeure<br />

the Vendor is unable to per<strong>for</strong>m a material portion of the Service(s) <strong>for</strong> a period of more<br />

than 60 days.<br />

47. Resolution of Disputes<br />

The Parties shall use their best ef<strong>for</strong>ts to amicably settle all disputes arising out of or in connection<br />

with the Contract/Agreement in the following manner:<br />

a. The Party raising a dispute shall address to the other Party a notice requesting an amicable<br />

settlement of the dispute within seven (7) days of receipt of the notice.<br />

b. The matter will be referred <strong>for</strong> negotiation between <strong>IDBI</strong> <strong>Bank</strong> Official and the nominated<br />

representative of the Vendor. The matter shall then be resolved by them and the agreed<br />

course of action documented within a further period of 15 days.<br />

The Parties agree that any dispute between the Parties, which cannot be settled by negotiation in the<br />

manner, described above, may be resolved exclusively by arbitration and such dispute may be<br />

submitted by either party to arbitration within 20 days of the failure of negotiations. Arbitration shall<br />

be held in Mumbai, India and conducted in accordance with the provision of Arbitration and<br />

Conciliation Act, 1996 or any statutory modification or re‐enactment thereof. Each Party to the<br />

dispute shall appoint 1 arbitrator each and the two arbitrators shall jointly appoint the third or the<br />

presiding arbitrator. The arbitration proceedings shall be conducted in the English language. Subject<br />

to the above, the courts of law at Mumbai alone shall have the jurisdiction in respect of all matters<br />

connected with the Contract/Agreement even though other Courts in India may also have similar<br />

jurisdictions. The arbitration award shall be final, conclusive and binding upon the Parties and<br />

judgment may be entered thereon, upon the application of either party to a court of competent<br />

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jurisdiction. Each Party shall bear the cost of preparing and presenting its case, and the cost of<br />

arbitration, including fees and expenses of the arbitrators, shall be shared equally by the Parties<br />

unless the award otherwise provides.<br />

The Vendor shall not be entitled to suspend the Service/s or the completion of the job, pending<br />

resolution of any disputes between the Parties and shall continue to render the Service/s in<br />

accordance with the provisions of the Contract/Agreement notwithstanding the existence of any<br />

dispute between the Parties or the subsistence of any arbitration or other proceedings.<br />

The provision under this section survives the Contract/Agreement.<br />

48. Implementation<br />

The successful Vendor shall Supply & Install the Laptops as per the Purchase Order/s within the<br />

agreed time frame starting from the date of award of Contract/Agreement. Time is the essence of<br />

this Contract / Agreement.<br />

49. ‘NO CLAIM’ Certificate<br />

The Vendor shall not be entitled to make any claim, whatsoever, against <strong>IDBI</strong> <strong>Bank</strong>, under or by<br />

virtue of or arising out of, the Contract/Agreement, nor shall <strong>IDBI</strong> <strong>Bank</strong> entertain or consider any<br />

such claim, if made by the Vendor after he has signed a ‘No Claim’ Certificate in favour of <strong>IDBI</strong> <strong>Bank</strong><br />

in such <strong>for</strong>ms as shall be required by <strong>IDBI</strong> <strong>Bank</strong> after the works are finally accepted.<br />

50. Survival<br />

a) Any provision of the Contract/Agreement which, either expressly or by implication, survive the<br />

termination or expiration of the Contract/Agreement, shall be complied with by the Parties<br />

including that of the provisions of indemnity, confidentiality, non‐disclosure in the same manner<br />

as if the present Contract/Agreement is valid and in <strong>for</strong>ce and effect.<br />

b) The provisions of the clauses of the Contract/Agreement in relation to Documents, data,<br />

processes, property, Intellectual Property Rights, indemnity, publicity and confidentiality and<br />

ownership survive the expiry or termination of the Contract/Agreement and in relation to<br />

confidentiality, the obligations continue to apply unless <strong>IDBI</strong> <strong>Bank</strong> / Purchaser notifies the<br />

Vendor of its release from those obligations.<br />

51. No Agency<br />

The Service(s) of the Vendor herein shall not be construed as any agency of <strong>IDBI</strong>/ Purchaser and<br />

there shall be no principal agency relationship between <strong>IDBI</strong> <strong>Bank</strong> and the Vendor in this regard.<br />

52. No Set‐off, counter‐claim and cross claims<br />

In case the Vendor has any other business relationship with <strong>IDBI</strong> <strong>Bank</strong> / Purchaser, no right of setoff,<br />

counter‐claim and cross‐claim and or otherwise will be available under this Contract/Agreement<br />

to the Vendor <strong>for</strong> any payments receivable under and in accordance with that business.<br />

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53. Commencement and Progress<br />

The Vendor/ Bidder shall proceed to carry out the Service(s) with diligence and care in accordance<br />

with any stipulation as to the time, manner, mode, and method of execution contained in the<br />

Contract/Agreement and shall meet the standards of good industry practice.<br />

54. Statutory Requirements<br />

The Contract/Agreement will be executed by abiding laws and the directive, instructions,<br />

guidelines issued by the Regulators and competent authority from time to time. During the<br />

tenure of the Contract/Agreement nothing shall be done by the Vendor/Bidder in contravention<br />

of any law, act and/ or rules/regulations, there under or any amendment thereof governing<br />

inter‐alia customs, <strong>for</strong>eign exchange, etc., and shall keep <strong>IDBI</strong> <strong>Bank</strong>, its directors, officers,<br />

employees, representatives, agents and consultants indemnified in this regard.<br />

55. Contract Prices<br />

Prices payable to the Bidder as stated in the Contract/Agreement shall be firm and not subject to<br />

adjustment during per<strong>for</strong>mance of the Contract/Agreement, irrespective of reasons whatsoever,<br />

including exchange rate fluctuations, changes in taxes, duties, levies, charges, etc. of the product in<br />

whole or its components.<br />

56. Representations and Warranties<br />

a) In order to induce <strong>IDBI</strong> <strong>Bank</strong> to enter into the Contract/Agreement, the Vendor hereby<br />

represents and warrants as of the date hereof, which representations and warranties shall<br />

survive the term and termination hereof, the following:<br />

i. That the Bidder is a company 1 which has the requisite qualifications, skills, experience and<br />

expertise in providing Service(s) contemplated hereunder to third parties, the technical<br />

know‐how and the financial wherewithal, the power and the authority to enter into the<br />

Contract / Agreement and provide the Service(s) sought by <strong>IDBI</strong> <strong>Bank</strong>.<br />

ii.<br />

iii.<br />

iv.<br />

That the Vendor is not involved in any major litigation, potential, threatened and existing,<br />

that may have an impact of affecting or compromising the per<strong>for</strong>mance and delivery of<br />

Service(s) under the Contract/Agreement.<br />

That the representations made by the Vendor in its bid are and shall continue to remain true<br />

and fulfill all the requirements as are necessary <strong>for</strong> executing the duties, obligations and<br />

responsibilities as laid down in the Contract/Agreement and the Bid Documents and unless<br />

<strong>IDBI</strong>/ <strong>Bank</strong> Purchaser specifies to the contrary, the Vendor shall be bound by all the terms of<br />

the bid.<br />

That the Vendor has the professional skills, personnel and resources/authorizations that are<br />

1 Applicable only in case bidder is a company within the meaning of Companies Act, 1956.<br />

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necessary <strong>for</strong> providing all such Services as are necessary to per<strong>for</strong>m its obligations under the<br />

bid and this Contract/Agreement.<br />

v. That the Vendor shall ensure that all assets including but not limited to software’s, licenses,<br />

Databases, documents, etc. developed, procured, deployed and created during the term of<br />

the Contract/Agreement are duly maintained and suitably updated, upgraded, replaced with<br />

regard to contemporary and statutory requirements.<br />

vi.<br />

vii.<br />

viii.<br />

ix.<br />

That the Vendor shall use such assets of <strong>IDBI</strong> <strong>Bank</strong> as the Purchaser may permit <strong>for</strong> the sole<br />

purpose of execution of its obligations under the terms of the bid, Tender or the<br />

Contract/Agreement. The Bidder shall however, have no claim to any right, title, lien or other<br />

interest in any such property, and any possession of property <strong>for</strong> any duration whatsoever<br />

shall not create any right in equity or otherwise, merely by fact of such use or possession<br />

during or after the term hereof.<br />

That the Vendor shall procure all the necessary permissions and adequate approvals and<br />

licenses <strong>for</strong> use of various software and any copyrighted process/product free from all<br />

claims, titles, interests and liens thereon and shall keep <strong>IDBI</strong> <strong>Bank</strong>, its directors, officers,<br />

employees, representatives, consultants and agents indemnified in relation thereto.<br />

That all the representations and warranties as have been made by the Vendor with respect<br />

to its bid and Contract / Agreement, are true and correct, and shall continue to remain true<br />

and correct through the term of the Contract.<br />

That the execution of the Service(s) herein is and shall be in accordance and in compliance<br />

with all applicable laws.<br />

x. That there are – (a) no legal proceedings pending or threatened against Vendor or any sub<br />

third party or its team which adversely affect/may affect per<strong>for</strong>mance under this<br />

Contract/Agreement; and (b) no inquiries or investigations have been threatened,<br />

commenced or pending against the Vendor/or its team members by any statutory or<br />

regulatory or investigative agencies.<br />

xi.<br />

xii.<br />

xiii.<br />

That the Bidder has the corporate power to execute, deliver and per<strong>for</strong>m the terms and<br />

provisions of the Contract/Agreement and has taken all necessary corporate action to<br />

authorize the execution, delivery and per<strong>for</strong>mance by it of the Contract/Agreement.<br />

That all conditions precedent under the Contract/Agreement has been complied.<br />

That neither the execution and delivery by the Vendor of the Contract/Agreement nor the<br />

Vendor's compliance with or per<strong>for</strong>mance of the terms and provisions of the<br />

Contract/Agreement (i) will contravene any provision of any applicable law or any order,<br />

writ, injunction or decree of any court or governmental authority binding on the Vendor or<br />

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(ii) will conflict or be inconsistent with or result in any breach of any or the terms, covenants,<br />

conditions or provisions of, or constitute a default under any agreement, contract or<br />

instrument to which the Vendor is a party or by which it or any of its property or assets is<br />

bound or to which it may be subject or (iii) will violate any provision of the Memorandum<br />

and Articles of Association of the Vendor.<br />

xiv.<br />

That the Vendor certifies that all registrations, recordings, filings and notarizations of the<br />

Contract/Agreement and all payments of any tax or duty, including without limitation stamp<br />

duty, registration charges or similar amounts which are required to be effected or made by<br />

the Vendor which is necessary to ensure the legality, validity, en<strong>for</strong>ceability or admissibility<br />

in evidence of the Contract/Agreement have been made.<br />

xv.<br />

That the Vendor confirms that there has not and shall not occur any execution, amendment<br />

or modification of any agreement/contract without the prior written consent of <strong>IDBI</strong> <strong>Bank</strong> /<br />

Purchaser, which may directly or indirectly have a bearing on the Contract/Agreement or<br />

Service(s).<br />

xvi. That the Vendor owns, has license to use or otherwise has the right to use, free of any<br />

pending or threatened liens or other security or other interests all Intellectual Property<br />

Rights, which are required or desirable <strong>for</strong> the Service(s) and the Vendor does not, in carrying<br />

on its business and operations, infringe any Intellectual Property Rights of any person. None<br />

of the Intellectual Property or Intellectual Property Rights owned or enjoyed by the Vendor<br />

or which the Vendor is licensed to use, which are material in the context of the Vendor's<br />

business and operations are being infringed nor, so far as the Vendor is aware, is there any<br />

infringement or threatened infringement of those Intellectual Property or Intellectual<br />

Property Rights licensed or provided to the Vendor by any person. All Intellectual Property<br />

Rights (owned by the Vendor or which the Bidder is licensed to use) are valid and subsisting.<br />

All actions (including registration, payment of all registration and renewal fees) required to<br />

maintain the same in full <strong>for</strong>ce and effect have been taken thereon and shall keep <strong>IDBI</strong> <strong>Bank</strong><br />

/Purchaser, its directors, officers, employees, agents, representatives and consultants<br />

indemnified in relation thereto.<br />

57. Confidentiality<br />

The Parties agree that they shall hold in trust any In<strong>for</strong>mation received by either Party, under the<br />

Contract/Agreement, and the strictest of confidence shall be maintained in respect of such<br />

In<strong>for</strong>mation. The Parties also agree:<br />

i. to maintain and use the In<strong>for</strong>mation only <strong>for</strong> the purposes of the Contract/Agreement and only<br />

as permitted herein;<br />

ii. to only make copies as specifically authorized by the prior written consent of the other party and<br />

with the same confidential or proprietary notices as may be printed or displayed on the original;<br />

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iii. to restrict access and disclosure of In<strong>for</strong>mation to such of their employees, agents, strictly on a<br />

"need to know" basis, to maintain confidentiality of the In<strong>for</strong>mation disclosed to them in<br />

accordance with this Clause and<br />

iv. to treat all In<strong>for</strong>mation as Confidential In<strong>for</strong>mation.<br />

Confidential In<strong>for</strong>mation does not include in<strong>for</strong>mation which:<br />

i. the recipient knew or had in its possession, prior to disclosure, without limitation on its<br />

confidentiality;<br />

ii. is independently developed by the recipient without breach of the Contract/Agreement ;<br />

iii. in<strong>for</strong>mation in the public domain as a matter of law;<br />

iv. is received from a third party not subject to the obligation of confidentiality with respect to such<br />

in<strong>for</strong>mation;<br />

v. is released from confidentiality with the written consent of the other Party.<br />

The recipient shall have the burden of proving that Clauses (i) or (ii) above are applicable to the<br />

in<strong>for</strong>mation in the possession of the recipient.<br />

Notwithstanding the <strong>for</strong>egoing, the Parties acknowledge that the nature of the Service(s) to be<br />

per<strong>for</strong>med under this Contract/Agreement may require the Vendor's personnel to be present on<br />

premises of <strong>IDBI</strong> <strong>Bank</strong> or may require the Vendor's personnel to have access to computer networks<br />

of <strong>IDBI</strong> while on or off premises of <strong>IDBI</strong> <strong>Bank</strong>. It is understood that it would be impractical <strong>for</strong> <strong>IDBI</strong><br />

<strong>Bank</strong> to monitor all in<strong>for</strong>mation made available to the Vendor under such circumstances and to<br />

provide notice to the Vendor of the confidentiality of all such in<strong>for</strong>mation. There<strong>for</strong>e, the Vendor<br />

agrees that any technical or business or other in<strong>for</strong>mation of the Vendor/ Purchaser that the<br />

Vendor's personnel, or agents acquire while on the <strong>IDBI</strong> <strong>Bank</strong> 's premises, or through access to <strong>IDBI</strong>'s<br />

computer systems or databases while on or off <strong>IDBI</strong> <strong>Bank</strong> 's premises, shall be deemed Confidential<br />

In<strong>for</strong>mation. Confidential In<strong>for</strong>mation shall at all times remain the sole and exclusive property of the<br />

disclosing Party. Upon termination of the Contract/Agreement, Confidential In<strong>for</strong>mation shall be<br />

returned to the disclosing Party or destroyed, if incapable of return. The destruction shall be<br />

witnessed and so recorded, in writing, by an authorized representative of each of the Parties.<br />

Nothing contained herein shall in any manner impair rights of <strong>IDBI</strong> <strong>Bank</strong> / Purchaser in respect of the<br />

Service(s), and Documents, etc.<br />

In the event that any of the Parties hereto becomes legally compelled to disclose any Confidential<br />

In<strong>for</strong>mation, such Party shall give sufficient notice to the other Party to enable the other Party to<br />

prevent or minimize to the extent possible, such disclosure. Neither party shall disclose to a third<br />

party any Confidential In<strong>for</strong>mation or the contents of the Contract/Agreement without the prior<br />

written consent of the other Party. The obligations of this Clause shall be satisfied by handling<br />

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Confidential In<strong>for</strong>mation with the same degree of care, which the receiving Party applies to its own<br />

similar confidential in<strong>for</strong>mation but in no event less than reasonable care. The obligations of this<br />

Clause shall survive the expiration, cancellation or termination of this Contract/Agreement. The<br />

provision of this clause shall survive termination of the Contract/Agreement till such Confidential<br />

In<strong>for</strong>mation enters public domain.<br />

58. Termination<br />

a) <strong>IDBI</strong> <strong>Bank</strong> may terminate the Contract/Agreement by giving the Vendor a prior and written 30<br />

days notice indicating its intention to terminate the Contract/Agreement under the following<br />

circumstances:<br />

i. Where it comes to <strong>IDBI</strong> <strong>Bank</strong> 's attention that the Vendor is in a position of actual conflict of<br />

interest with the interests of <strong>IDBI</strong> <strong>Bank</strong>, in relation to any of terms of the bid or the<br />

Contract/Agreement.<br />

ii. Where the Vendor's’ ability to survive as an independent corporate entity is threatened or is<br />

lost owing to any reason whatsoever, including inter‐alia the filing of any bankruptcy<br />

proceedings against the Vendor, any failure by the Vendor to pay any of its dues to its creditors,<br />

the institution of any winding up proceedings against the Vendor or the happening of any such<br />

events that are adverse to the financial viability of the Vendor.<br />

iii.<br />

In the event of the happening of any events of the above nature, <strong>IDBI</strong> <strong>Bank</strong> shall reserve the<br />

right to take any steps as are necessary, to ensure the effective transition of the Service(s) to<br />

the next successor Bidder, and to ensure business continuity.<br />

b) Termination <strong>for</strong> Insolvency: <strong>IDBI</strong> <strong>Bank</strong> may at any time terminate the Contract / Agreement by<br />

giving a written notice to the Vendor, without compensation to the Vendor, if the Vendor<br />

becomes bankrupt or otherwise insolvent, provided that such termination will not prejudice or<br />

affect any right of action or remedy which has accrued or will accrue thereafter to <strong>IDBI</strong> <strong>Bank</strong>.<br />

c) Termination <strong>for</strong> Default: <strong>IDBI</strong> <strong>Bank</strong>, without prejudice to any other right or remedy <strong>for</strong> breach of<br />

Contract may terminate in whole or in part, the Contract/Agreement by giving a written notice<br />

of default to the Vendor.<br />

59. Consequences of Termination<br />

a) In the event of termination of the Contract/Agreement due to any cause whatsoever, [whether<br />

consequent to the stipulated term of the Contract/Agreement or otherwise], <strong>IDBI</strong> <strong>Bank</strong> shall be<br />

entitled to impose any such obligations and conditions and issue any clarifications as may be<br />

necessary to ensure an efficient transition and effective business continuity of the Service(s)<br />

which the Vendor shall be obliged to comply with and take all available steps to minimize loss<br />

resulting from that termination/breach, and further allow the next successor Vendor to<br />

takeover the obligations of the erstwhile Vendor in relation to the execution/continued<br />

execution of the scope of the Contract/Agreement.<br />

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b) In the event that the termination of the Contract/Agreement is due to the expiry of the term of<br />

the Contract/Agreement, a decision not to grant any (further) extension by <strong>IDBI</strong> <strong>Bank</strong>, the<br />

Vendor herein shall be obliged to provide all such assistance to the next successor Bidder or any<br />

other person as may be required and as <strong>IDBI</strong> <strong>Bank</strong> may specify including training, where the<br />

successor(s) is a representative/personnel of <strong>IDBI</strong> <strong>Bank</strong> to enable the successor to adequately<br />

provide the Service(s) hereunder, even where such assistance is required to be rendered <strong>for</strong> a<br />

reasonable period that may extend beyond the term/earlier termination hereof.<br />

c) Where the termination of the Contract/Agreement is prior to its stipulated term on account of a<br />

default on the part of the Vendor or due to the fact that the survival of the Vendor as an<br />

independent corporate entity is threatened/has ceased, <strong>IDBI</strong> <strong>Bank</strong> shall pay the Vendor <strong>for</strong> that<br />

part of the Service(s) which have been authorized by <strong>IDBI</strong> <strong>Bank</strong> and satisfactorily per<strong>for</strong>med by<br />

the Vendor up to the date of termination, without prejudice to any other rights, <strong>IDBI</strong> <strong>Bank</strong> may<br />

retain such amounts from the payment due and payable by <strong>IDBI</strong> <strong>Bank</strong> to the Vendor as may be<br />

required to offset any losses caused to <strong>IDBI</strong> <strong>Bank</strong> as a result of any act/omissions of the Vendor/<br />

Bidder. In case of any loss or damage due to default on the part of the Vendor in per<strong>for</strong>ming<br />

any of its obligations with regard to executing the Service(s) under the Contract/Agreement the<br />

Vendor shall compensate <strong>IDBI</strong> <strong>Bank</strong> <strong>for</strong> any such loss, damages or other costs, incurred by <strong>IDBI</strong><br />

<strong>Bank</strong>. Additionally, the sub Vendor / other members of its team shall continue to per<strong>for</strong>m all its<br />

obligations and responsibilities under the Contract/Agreement in an identical manner as were<br />

being per<strong>for</strong>med hitherto be<strong>for</strong>e in order to execute an effective transition and to maintain<br />

business continuity. All third parties shall continue to per<strong>for</strong>m all/any functions as stipulated by<br />

<strong>IDBI</strong> <strong>Bank</strong> and as may be proper and necessary to execute the service(s) under the<br />

Contract/Agreement in terms of the Vendor's bid and the Contract/Agreement. <strong>IDBI</strong> <strong>Bank</strong><br />

retains the right to <strong>for</strong>feit the Per<strong>for</strong>mance Guarantee in case of Termination of the Contract on<br />

account of default by the Vendor.<br />

d) Nothing herein shall restrict the right of <strong>IDBI</strong> <strong>Bank</strong> to invoke the Per<strong>for</strong>mance <strong>Bank</strong> Guarantee<br />

and other guarantees, securities furnished, en<strong>for</strong>ce the Deed of Indemnity and pursue such<br />

other rights and/or remedies that may be available to <strong>IDBI</strong> <strong>Bank</strong> under law or otherwise.<br />

e) The termination hereof shall not affect any accrued right or liability of either Party nor affect the<br />

operation of the provisions of the Contract/Agreement that are expressly or by implication<br />

intended to come into or continue in <strong>for</strong>ce on or after such termination.<br />

f) Termination survives the Contract/Agreement.<br />

g) Conflict of interest: The Vendor shall disclose to <strong>IDBI</strong> <strong>Bank</strong> in writing, all actual and potential<br />

conflicts of interest that exist, arise or may arise (either <strong>for</strong> the Vendor or the Bidder’s team) in<br />

the course of per<strong>for</strong>ming the Service(s) as soon as practical after it becomes aware of that<br />

conflict.<br />

h) Publicity: The Vendor shall not make or permit to be made a public announcement or media<br />

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release about any aspect of the Contract/Agreement unless <strong>IDBI</strong> <strong>Bank</strong> first gives the Vendor its<br />

prior written consent.<br />

60. Relationship between the Parties:<br />

a) Nothing in the Contract/Agreement constitutes any fiduciary relationship between <strong>IDBI</strong> <strong>Bank</strong> and<br />

Vendor’s Team or any relationship of employer ‐ employee, principal and agent, or partnership,<br />

between <strong>IDBI</strong> <strong>Bank</strong> and Vendor.<br />

b) No Party has any authority to bind the other Party in any manner whatsoever except as<br />

agreed under the terms of the Contract/Agreement.<br />

c) <strong>IDBI</strong> <strong>Bank</strong> / Purchaser has no obligations to the Vendor's team except as agreed under the terms<br />

of the Contract/Agreement.<br />

61. No Assignment of the Contract/Agreement<br />

The Contract/Agreement cannot be transferred or assigned by the Vendor without the prior written<br />

approval of <strong>IDBI</strong> <strong>Bank</strong>.<br />

62. Entire Contract<br />

The terms and conditions laid down in the bid and all annexures thereto shall be read in consonance<br />

with and <strong>for</strong>m an integral part of the Contract/Agreement. This Contract supersedes any prior<br />

Contract, understanding or representation of the Parties on the subject matter.<br />

63. Governing Law<br />

The Contract/Agreement shall be signed in Mumbai and the necessary stamp duty towards the<br />

same shall be borne by the Vendor. The Agreement shall be governed in accordance with the laws<br />

of Republic of India. These provisions shall survive the Contract/Agreement.<br />

64. Jurisdiction of Courts<br />

The Courts of India at Mumbai have exclusive jurisdiction to determine any proceeding in relation to<br />

the Contract/Agreement even though other Courts in India may also have similar jurisdictions. These<br />

provisions shall survive the Contract/Agreement.<br />

65. Suspension of Payment to the Vendor<br />

<strong>IDBI</strong> <strong>Bank</strong> may by a written notice of suspension, suspend all payments to the Vendor under the<br />

Contract/Agreement, if the Vendor fails to per<strong>for</strong>m any of its obligations under the Contract/<br />

Agreement, (including the carrying out of the service(s)) provided that such notice of suspension:<br />

i. Shall specify the nature of the failure and<br />

ii.<br />

Shall request the Vendor to remedy such failure within a specified period from the date of<br />

issue of such notice of suspension.<br />

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SECTION 6: TECHNICAL SPECIFICATIONS OF LAPTOPS<br />

MINIMUM HW & SW REQUIREMENT<br />

Laptop - Hardware & Software Specifications<br />

S.No Parameter Specification / Description<br />

1 Make Must be specified<br />

2 Model Must be specified with all relevant product<br />

brouchers and manuals<br />

3 Processor Type Intel Core 3 rd generation i5 processor (3320M)<br />

@2.6 GHz, Intel HM76 Express Chipset, 3MB<br />

Cache<br />

OR higher configuration<br />

4 Memory description Minimum 4 GB DDR3 SDRAM (single stick)<br />

1333 MHz or higher upgradable upto 8 GB<br />

5 Video Display 14” TFT colour, LED backlight<br />

6 Hard Drive HDD Internal - Minimum 500 GB SATA HDD<br />

@7200 rpm or higher<br />

7 Optical Device 8x DVD Super Multi R/W<br />

8 Video Intel HD Graphic 4000<br />

9 Audio Internal Stereo Speaker<br />

10 Ports & Slots 2 x USB 2.0, 1 x USB 3.0, RJ45 LAN, 4.0<br />

Bluetooth, VGA, Full HDMI, Card Reader, 1<br />

Memory stick slot, WiFi<br />

11 Wired Communication 150 mbps or higher (gigabit Ethernet)<br />

12 Power (Battery) Light weight AC adapter. 6-cell/9-cell lithiumion<br />

battery with minimum 3 hours backup time<br />

in actual condition with 1 year warranty<br />

13 Keyboard Full size spill resistant keyboard<br />

14 Mouse/Pointing Device Touch pad with gesture support<br />

15 Operating systems Preinstalled Genuine Windows 7.0<br />

Professional 64 bit with Service Pack<br />

16 Warranty 36 months comprehensive on-site warranty on<br />

laptop and its preloaded software and 12<br />

months on its battery from OEM inclusive of<br />

Parts & Labour<br />

17 Mobility With Executive Carry Case<br />

18 Weight Maximum 2.4Kgs with batteries<br />

19 Camera Inbuilt 1.3 Mega Pixel/HD Camera<br />

20 Other Green Peace rating > 3.0,Energy Star 5.0<br />

compliant OR BEE Star equivalent<br />

21 Delivery Time 4 weeks from the date of acceptance of<br />

commercially acceptable purchase order<br />

Note: 1- 21 laptops will have preloaded MS Office 2010 Home & Business<br />

edition OEM (to be provided preloaded by the selected vendor) while the<br />

remaining 42 laptops will be without the a<strong>for</strong>esaid MS Office software.<br />

2- The above parameters indicated are <strong>for</strong> the minimum requirement. The<br />

vendors are free to offer configuration higher than the above.<br />

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I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

SECTION 7: CONTENTS AND FORMAT OF BID<br />

The major sections of the proposal should be organized as follows :<br />

Sr.<br />

Document Required<br />

Remarks<br />

No.<br />

1. Introduction This section should provide a brief write‐up about the<br />

proposal, bidder and confirmation regarding<br />

specifications of Laptops to be supplied.<br />

2. Bidder In<strong>for</strong>mation This section should provide all the relevant<br />

in<strong>for</strong>mation about the bidder. (Form 1)<br />

3. Covering letter Form 1A<br />

4. Bid Document Fee & EMD as Rs. 5000/‐ ( Rupees Five Thousand Only) towards Bid<br />

specified<br />

Document Fee and Rs.70,000/‐ (Rupees Seventy<br />

Thousand Only) towards EMD in the <strong>for</strong>m of Demand<br />

Draft/ <strong>Bank</strong>er’s Cheque from a Scheduled Commercial<br />

bank in favor of ‘ <strong>IDBI</strong> <strong>Bank</strong> Limited ’ payable at<br />

Mumbai only to be submitted along with the Technical<br />

Bid.<br />

5. Copy of this <strong>RFP</strong> duly signed and<br />

stamped on all pages<br />

Please provide copy of <strong>RFP</strong> document duly signed and<br />

stamped by company.<br />

6. Non‐Disclosure Agreement (NDA)<br />

(Form 2)<br />

as per <strong>for</strong>mat given<br />

7. Power of attorney of the<br />

signatory along with relevant<br />

Board resolutions, if any<br />

(Form 3)<br />

8. Undertakings as mentioned (Form 4)<br />

9. Deed of Indemnity (Form 5)<br />

11. Eligibility Criteria Compliance (Form 6)<br />

10. Technical Specifications<br />

(Form 7)<br />

Compliance along with relevant<br />

brochures<br />

12. All Documents regarding<br />

Please provide, if required (optional).<br />

Clarification of Bids<br />

13. Any other relevant legal<br />

Please provide, if required (optional).<br />

document<br />

14. Estimated Commercial/Price Bid<br />

in separate sealed envelope with<br />

proper description<br />

(Form 8)<br />

15. Checklist of all documents to be<br />

submitted<br />

Please refer CHECKLIST OF DOCUMENTS TO BE<br />

SUBMITTED<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 41


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

Form 1<br />

Bidder In<strong>for</strong>mation<br />

1. Company details<br />

Please provide the following company related details supported by documentary evidence:<br />

Sr No Particulars Detailed answer<br />

by the bidder<br />

Documentary<br />

proof details<br />

1. Name and Address of the company<br />

with Telephone Nos. , Fax, E‐mail<br />

and website<br />

2. Date of Incorporation ( with<br />

documentary evidence of certificate<br />

of Incorporation)<br />

3. Address of Offices/ Facilities in India<br />

4. Sales Tax / Service Tax Registration<br />

Number<br />

5. PAN/ TAN Number<br />

6 Customer References<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 42


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

Place:<br />

Date:<br />

Format <strong>for</strong> Covering Letter<br />

Form – 1 A:<br />

Advisor _IT<br />

<strong>IDBI</strong> Building,<br />

Plot No.39‐41, Sector 11,<br />

CBD Belapur,<br />

Navi Mumba ‐400614<br />

Maharashtra<br />

Dear Sir,<br />

Supply, Installation, Maintenance and Support of Laptops at <strong>IDBI</strong> <strong>Bank</strong> Limited.<br />

In respect of the Bid <strong>for</strong> Supply, Installation, Maintenance and Support the Laptops at <strong>IDBI</strong> <strong>Bank</strong>,<br />

please find enclosed our response to your <strong>RFP</strong> dated 20/12/2012.<br />

Having examined the <strong>RFP</strong> Document and appendix thereto and addenda numbers_____ thereto,<br />

We,/ the undersigned, in con<strong>for</strong>mity with the <strong>RFP</strong>/Bid Document, offer to provide the Service(s)<br />

as defined and described in the <strong>RFP</strong> Document, on the terms and conditions mentioned in the<br />

<strong>RFP</strong>/Bid Document.<br />

We acknowledge having received the following addenda to the <strong>RFP</strong>/Bid Document:<br />

Addendum No.<br />

Dated<br />

If any action is brought against you <strong>for</strong> infringement / violation, of the applicable laws in respect<br />

of the hardware components supplied by us to <strong>IDBI</strong> <strong>Bank</strong>, we will defend the same at our cost<br />

and consequences and will indemnify <strong>IDBI</strong> <strong>Bank</strong> and shall hold <strong>IDBI</strong> <strong>Bank</strong> harmless of all the costs<br />

and other expenses that <strong>IDBI</strong> <strong>Bank</strong> may incur or suffer in this connection.<br />

We undertake to you that, if our proposal is accepted, we shall provide the Service(s) comprised<br />

in the Contract to you within timeframe specified, starting from the date of receipt of notification<br />

of award from <strong>IDBI</strong> <strong>Bank</strong>.<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 43


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

We agree to abide by this proposal <strong>for</strong> the period of 90 days from the date of bid opening and it<br />

shall remain binding upon us and may be accepted at any time be<strong>for</strong>e the expiration of that<br />

period.<br />

We agree to execute a Contract in the <strong>for</strong>m to be communicated by <strong>IDBI</strong> <strong>Bank</strong>, incorporating all<br />

agreements with such alterations or additions thereto as may be necessary to adapt such<br />

agreement to the circumstances of the standard and notice of the award within time prescribed<br />

after notification of your intention to accept this proposal.<br />

Unless and until a <strong>for</strong>mal agreement is prepared and executed this proposal together with your<br />

written acceptance thereof shall constitute a binding Contract.<br />

We understand that you are not bound to accept the lowest or any bid you may receive, not to<br />

give any reason <strong>for</strong> rejection of any bid and that you will not defray any expenses incurred by us<br />

in biding.<br />

As security <strong>for</strong> the due per<strong>for</strong>mance and observance of the undertaking and obligation of the bid,<br />

we submit herewith Demand Draft / <strong>Bank</strong>er’s Cheque bearing no. ____________ dated<br />

__________ drawn in favour of <strong>IDBI</strong> <strong>Bank</strong> Limited <strong>for</strong> an amount of < …………………. (Rupees.<br />

…………….. Only) payable at Mumbai.<br />

Dated this _____ day of ____________________ 2012<br />

Signature<br />

__________________<br />

In the capacity of<br />

(Company Seal) 2<br />

Duly authorized to sign bids <strong>for</strong> and on behalf of:<br />

2 In accordance with the provisions <strong>for</strong> affixation of common seal as provided in the Articles of Association and<br />

to be supported by board resolution.<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 44


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

(To be submitted by the Vendor on their Letter Head)<br />

Non‐Disclosure Agreement Form<br />

Form – 2<br />

This agreement made and entered into at …………………. this …….day of ……… 2012.<br />

BY AND BETWEEN<br />

………………………………… Company Limited, a company incorporated under the Companies Act, 1956<br />

having its registered office at ….………. (hereinafter referred to as the contractor, which expression<br />

unless repugnant to the context or meaning thereof be deemed to include its permitted successors)<br />

of the ONE PART;<br />

AND<br />

<strong>IDBI</strong> <strong>Bank</strong> Limited (<strong>IDBI</strong> <strong>Bank</strong>), a company registered under the Companies Act, 1956 and a banking<br />

company within the meaning of the <strong>Bank</strong>ing Regulation Act, 1949 having its registered office at <strong>IDBI</strong><br />

Tower, Cuffe Parade, WTC Complex, Colaba, Mumbai‐400005 (hereinafter referred to as “<strong>IDBI</strong> <strong>Bank</strong>”<br />

which expression shall unless repugnant to the context or meaning thereof be deemed to include its<br />

successors and assigns) of the OTHER PART.<br />

The Contractor and <strong>IDBI</strong> <strong>Bank</strong> are hereinafter collectively referred to as “the Parties” and individually<br />

as “the Party”<br />

WHEREAS:<br />

1. <strong>IDBI</strong> <strong>Bank</strong> is engaged in the business of banking and <strong>for</strong> the purpose of expanding its<br />

operations desires to procure Laptops, with the specifications prescribed herein and had<br />

invited bids from interested parties <strong>for</strong> supply and installation of the same, with a 36 months<br />

Comprehensive onsite warranty on Laptop and its preloaded software and 12 months on its<br />

batteries from the date of installation of the respective Laptop at various locations of <strong>IDBI</strong><br />

<strong>Bank</strong> <strong>for</strong> a period of 12 months from the date of the award of Contract.<br />

2. In the course of such supply installation and maintenance, it is anticipated that <strong>IDBI</strong> <strong>Bank</strong> or<br />

any of its directors, officers, employees, officials, representatives or agents may disclose, or<br />

deliver, to the Contractor some Confidential In<strong>for</strong>mation (as hereinafter defined), to enable<br />

the Contractor to install and provide maintenance of the Laptop (hereinafter referred to as "<br />

the Purpose").<br />

3. <strong>IDBI</strong> <strong>Bank</strong> is duty bound to ensure that in<strong>for</strong>mation in respect of its constituents is not<br />

disclosed to third parties and has agreed to disclose such Confidential In<strong>for</strong>mation on<br />

…………………… . executing an agreement, being these presents, to safeguard and protect such<br />

Confidential In<strong>for</strong>mation as it may receive from <strong>IDBI</strong> <strong>Bank</strong> or its officers/employees etc. <strong>for</strong><br />

the Purpose.<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 45


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

Now, there<strong>for</strong>e this Agreement witnesseth and it is hereby agreed by and between the Parties<br />

hereto as follows :<br />

1. Confidential In<strong>for</strong>mation: “Confidential In<strong>for</strong>mation” means all in<strong>for</strong>mation disclosed/ furnished<br />

by <strong>IDBI</strong> <strong>Bank</strong> to the Contractor whether orally, in writing or in electronic, magnetic or other <strong>for</strong>m<br />

<strong>for</strong> the limited purpose of enabling the Contractor to supply, install and provide maintenance and<br />

shall mean and include data, documents and in<strong>for</strong>mation or any copy, abstract, extract, sample,<br />

note or module thereof, explicitly designated as "Confidential"; Provided the oral in<strong>for</strong>mation is<br />

set <strong>for</strong>th in writing and marked "Confidential" within seven (7) days of such oral disclosure).<br />

The Contractor may use the Confidential In<strong>for</strong>mation solely <strong>for</strong> and in connection with the<br />

Purpose and shall not use the Confidential In<strong>for</strong>mation or any part thereof <strong>for</strong> any reason other<br />

than the Purpose stated above.<br />

Confidential In<strong>for</strong>mation in oral <strong>for</strong>m must be identified as confidential at the time of disclosure<br />

and confirmed as such in writing within 30 days of such disclosure. Confidential In<strong>for</strong>mation does<br />

not include in<strong>for</strong>mation which:<br />

(a) is or subsequently becomes legally and publicly available without breach of this Agreement<br />

by……….<br />

(b) was rightfully in the possession of the Contractor without any obligation of<br />

confidentiality prior to receiving it from <strong>IDBI</strong> <strong>Bank</strong> ,<br />

(c) was rightfully obtained by the Contractor from a source other than <strong>IDBI</strong> <strong>Bank</strong> without<br />

any obligation of confidentiality,<br />

(d) was developed by <strong>for</strong> the Contractor independently and without reference to any<br />

Confidential In<strong>for</strong>mation and such independent development can be shown by<br />

documentary evidence, or is/was disclosed pursuant to an order of a court or<br />

governmental agency as so required by such order, provided that the Contractor shall,<br />

unless prohibited by law or regulation, promptly notify <strong>IDBI</strong> <strong>Bank</strong> of such order and<br />

af<strong>for</strong>d <strong>IDBI</strong> <strong>Bank</strong> the opportunity to seek appropriate protective order relating to such<br />

disclosure.<br />

(e) the recipient knew or had in its possession, prior to disclosure, without limitation on its<br />

confidentiality;<br />

(f) is released from confidentiality with the prior written consent of the other party.<br />

The recipient shall have the burden of proving hereinabove are applicable to the in<strong>for</strong>mation in the<br />

possession of the recipient.<br />

a) Confidential In<strong>for</strong>mation shall at all times remain the sole and exclusive property of the<br />

disclosing party. Upon termination of this Agreement, Confidential In<strong>for</strong>mation shall be<br />

returned to the disclosing party or destroyed, if incapable of return. The destruction shall be<br />

witnessed and so recorded, in writing, by an authorised representative of each of the parties.<br />

Nothing contained herein shall in any manner impair or affect rights of <strong>IDBI</strong> <strong>Bank</strong> in respect of<br />

the Confidential In<strong>for</strong>mation.<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 46


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

b) In the event that any of the Parties hereto becomes legally compelled to disclose any<br />

Confidential In<strong>for</strong>mation, such Party shall give sufficient notice to the other party to enable<br />

the other Party to prevent or minimize to the extent possible, such disclosure. Neither party<br />

shall disclose to a third party any Confidential In<strong>for</strong>mation or the contents of this Agreement<br />

without the prior written consent of the other party. The obligations of this Clause shall be<br />

satisfied by handling Confidential In<strong>for</strong>mation with the same degree of care, which the<br />

receiving party applies to its own similar confidential in<strong>for</strong>mation but in no event less than<br />

reasonable care. The obligations of this clause shall survive the expiration, cancellation or<br />

termination of this Agreement.<br />

2. Non‐disclosure: The Contractor shall not commercially use or disclose any Confidential<br />

In<strong>for</strong>mation or any materials derived there from to any other person or entity other than<br />

persons in the direct employment of the Contractor who have a need to have access to and<br />

knowledge of the Confidential In<strong>for</strong>mation solely <strong>for</strong> the Purpose authorized above. The<br />

Contractor shall take appropriate measures by instruction and written agreement prior to<br />

disclosure to such employees to assure against unauthorized use or disclosure. The<br />

Contractor may disclose Confidential In<strong>for</strong>mation to consultants only if the consultant has<br />

executed a Non‐Disclosure Agreement with consultants that contains terms and conditions<br />

that are no less restrictive than these presents and the Contractor agrees to notify <strong>IDBI</strong><br />

<strong>Bank</strong> immediately if it learns of any use or disclosure of the Confidential In<strong>for</strong>mation in<br />

violation of terms of this Agreement.<br />

Notwithstanding the marking and identification requirements above, the following categories of<br />

in<strong>for</strong>mation shall be treated as Confidential In<strong>for</strong>mation under this Agreement irrespective of<br />

whether it is marked or identified as confidential :<br />

a) in<strong>for</strong>mation regarding <strong>IDBI</strong> <strong>Bank</strong> and any of its Affiliates, customers and their accounts<br />

(“Customer In<strong>for</strong>mation”). For purposes of this Agreement, Affiliate means a business<br />

entity now or hereafter controlled by, controlling or under common control. Control<br />

exists when an entity owns or controls more than 50% of the outstanding shares or<br />

securities representing the right to vote <strong>for</strong> the election of directors or other managing<br />

authority of another entity; or<br />

b) any aspect of <strong>IDBI</strong> <strong>Bank</strong> 's business that is protected by patent, copyright, trademark,<br />

trade secret or other similar intellectual property right; or<br />

c) business processes and procedures; or<br />

d) current and future business plans; or<br />

e) personnel in<strong>for</strong>mation; or<br />

f) financial in<strong>for</strong>mation.<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 47


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

3. Publications: The Contractor shall not make news releases, public announcements, give<br />

interviews, issue or publish advertisements or publicize in any other manner whatsoever in<br />

connection with this Agreement, the contents / provisions thereof, other in<strong>for</strong>mation<br />

relating to this Agreement, the Purpose, the Confidential In<strong>for</strong>mation or other matter of<br />

this Agreement, without the prior written approval of <strong>IDBI</strong> <strong>Bank</strong> .<br />

4. Term: This Agreement shall be effective from the date hereof and shall continue till<br />

expiration of the Purpose or termination of this Agreement by <strong>IDBI</strong> <strong>Bank</strong>, whichever is<br />

earlier. The Contractor hereby agrees and undertakes to <strong>IDBI</strong> <strong>Bank</strong> that immediately on<br />

termination of this Agreement it would <strong>for</strong>thwith cease using the Confidential In<strong>for</strong>mation<br />

and further promptly return or destroy, under in<strong>for</strong>mation to <strong>IDBI</strong> <strong>Bank</strong>, all in<strong>for</strong>mation<br />

received by it from <strong>IDBI</strong> <strong>Bank</strong> <strong>for</strong> the Purpose, whether marked Confidential or otherwise,<br />

and whether in written, graphic or other tangible <strong>for</strong>m and all copies, abstracts, extracts,<br />

samples, notes or modules thereof. The Contractor further agrees and undertake to <strong>IDBI</strong><br />

<strong>Bank</strong> to certify in writing upon request of <strong>IDBI</strong> <strong>Bank</strong> that the obligations set <strong>for</strong>th in this<br />

Agreement have been complied with.<br />

Any provisions of this Agreement which by their nature extend beyond its termination shall<br />

continue to be binding and applicable without limit in point in time except and until such<br />

in<strong>for</strong>mation enters the public domain<br />

5. Title and Proprietary Rights: Notwithstanding the disclosure of any Confidential<br />

In<strong>for</strong>mation by <strong>IDBI</strong> <strong>Bank</strong> to the Contractor, the title and all intellectual property and<br />

proprietary rights in the Confidential In<strong>for</strong>mation shall remain with <strong>IDBI</strong> <strong>Bank</strong> .<br />

6. Remedies: The Contractor acknowledges the confidential nature of Confidential<br />

In<strong>for</strong>mation and that damage could result to <strong>IDBI</strong> <strong>Bank</strong> if the Contractor breaches any<br />

provision of this Agreement and agrees that, if it or any of its directors, officers or<br />

employees should engage or cause or permit any other person to engage in any act in<br />

violation of any provision hereof, <strong>IDBI</strong> <strong>Bank</strong> may suffer immediate irreparable loss <strong>for</strong> which<br />

monetary compensation may not be adequate. <strong>IDBI</strong> <strong>Bank</strong> shall be entitled, in addition to<br />

other remedies <strong>for</strong> damages & relief as may be available to it, to an injunction or similar<br />

relief prohibiting the Contractor, its directors, officers etc. from engaging in any such act<br />

which constitutes or results in breach of any of the covenants of this Agreement. Any claim<br />

<strong>for</strong> relief to <strong>IDBI</strong> <strong>Bank</strong> shall include <strong>IDBI</strong> <strong>Bank</strong>'s costs and expenses of en<strong>for</strong>cement<br />

(including the attorney's fees).<br />

7. Entire Agreement, Amendment, Assignment: This Agreement constitutes the entire agreement<br />

between the Parties relating to the matters discussed herein and supersedes any and all prior<br />

oral discussions and / or written correspondence or agreements between the Parties. This<br />

Agreement may be amended or modified only with the mutual written consent of the Parties.<br />

Neither this Agreement nor any right granted hereunder shall be assignable or otherwise<br />

transferable.<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 48


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

8. Governing Law: The provisions of this Agreement shall be governed by the laws of India and the<br />

competent court at Mumbai shall have exclusive jurisdiction in relation thereto even though<br />

other Courts in India may also have similar jurisdictions.<br />

9. Indemnity: The Contractor shall defend, indemnify and hold harmless <strong>IDBI</strong> <strong>Bank</strong> , its<br />

affiliates, subsidiaries, successors, assigns, and their respective officers, directors and<br />

employees, at all times, from and against any and all claims, demands, damages, assertions<br />

of liability whether civil, criminal, tortuous or of any nature whatsoever, arising out of or<br />

pertaining to or resulting from any breach of representations and warranties made by the<br />

Contractor. and/or breach of any provisions of this Agreement, including but not limited to<br />

any claim from third party pursuant to any act or omission of the Contractor, in the course<br />

of discharge of its obligations under this Agreement.<br />

10. General: The Contractor shall not reverse–engineer, de‐compile, disassemble or otherwise<br />

interfere with any software disclosed hereunder. All Confidential In<strong>for</strong>mation is provided<br />

“as is”. In no event shall the <strong>IDBI</strong> <strong>Bank</strong> be liable <strong>for</strong> the inaccuracy or incompleteness of the<br />

Confidential In<strong>for</strong>mation. None of the Confidential In<strong>for</strong>mation disclosed by <strong>IDBI</strong> <strong>Bank</strong><br />

constitutes any representation, warranty, assurance, guarantee or inducement with respect<br />

to the fitness of such Confidential In<strong>for</strong>mation <strong>for</strong> any particular purpose.<br />

<strong>IDBI</strong> <strong>Bank</strong> discloses the Confidential In<strong>for</strong>mation without any representation or warranty,<br />

whether express, implied or otherwise, on truthfulness, accuracy, completeness, lawfulness,<br />

merchantability, fitness <strong>for</strong> a particular purpose, title, non‐infringement, or anything else.<br />

11. Waiver: A waiver (whether express or implied) by <strong>IDBI</strong> <strong>Bank</strong> of any of the provisions of this<br />

Agreement, or of any breach or default by the Contractor in per<strong>for</strong>ming any of the<br />

provisions hereof, shall not constitute a continuing waiver and such waiver shall not prevent<br />

<strong>IDBI</strong> <strong>Bank</strong> from subsequently en<strong>for</strong>cing any of the subsequent breach or default by the<br />

Contractor under any of the provisions of this Agreement.<br />

In witness whereof, the Parties hereto have executed these presents the day, month and year first<br />

herein above written.<br />

For and on behalf of ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐<br />

For and on behalf of <strong>IDBI</strong> <strong>Bank</strong> Limited<br />

( )<br />

(Designation)<br />

( )<br />

( Designation)<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 49


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

Format of Power of Attorney <strong>for</strong> signing of bid<br />

Form‐3<br />

POWER OF ATTORNEY<br />

(On Stamp Paper of relevant value)<br />

Know all men by these presents, we (name of the<br />

company/partnership firm and address of the registered office) do hereby appoint and authorize Mr.<br />

(full name and residential address) who is presently employed with us<br />

and holding the position of<br />

as our attorney, to do in our name and<br />

on our behalf, all such acts, deeds and things necessary in connection with or incidental to our<br />

proposal <strong>for</strong> Supply, Installation & Maintenance of Laptops in response to the <strong>RFP</strong> (<strong>Request</strong> <strong>for</strong><br />

<strong>Proposal</strong>) by <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong> (hereinafter referred to as <strong>IDBI</strong> BANK LTD), including signing and<br />

submission of all documents and providing in<strong>for</strong>mation/responses to <strong>IDBI</strong> BANK LTD in all matters in<br />

connection with our bid / offer.<br />

We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant to<br />

this Power of Attorney and that all acts, deeds and things done by our a<strong>for</strong>esaid attorney shall and<br />

shall always be deemed to have been done by us.<br />

Dated this _____ day of ____________________ 2012<br />

For<br />

(Signature)<br />

(Name, Designation and Address)<br />

Accepted<br />

(Signature)<br />

(Name, Title and Address of the Attorney)<br />

Date:<br />

Note:<br />

1. The mode of execution of the Power of Attorney should be in accordance with the procedure,<br />

if any, laid down by the applicable law and the charter documents of the executants and<br />

when it is so required the same should be under common seal affixed in accordance with the<br />

required procedure.<br />

2. Also, wherever required, the bidder should submit <strong>for</strong> verification the extract of the charter<br />

documents and documents such as a resolution/power of attorney in favor of the Person<br />

executing this Power of Attorney <strong>for</strong> the delegation of power hereunder on behalf of the<br />

Bidder.<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 50


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

3. In case the Application is signed by an authorized Director / Partner or Proprietor of the<br />

Applicant, a certified copy of the appropriate resolution / document conveying such authority<br />

may be enclosed in lieu of the Power of Attorney.<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 51


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

Undertaking of Authenticity<br />

Form – 4<br />

Sub: Supply of IT Hardware/Software – Laptops<br />

Ref : 1. Your Purchase Order No. ‐‐‐‐‐‐‐‐‐‐‐‐dated‐‐‐‐‐‐‐.<br />

2. Our invoice no/Quotation no. ‐‐‐‐‐‐‐dated‐‐‐‐‐‐‐‐.<br />

With reference to the Laptops being supplied /quoted to you vide our invoice no/quotation no/order<br />

no. Cited above, We hereby undertake that all the components/parts/assembly/software used in the<br />

Laptops under the above like Hard disk, Monitors, Memory etc shall be original new<br />

components/parts/ assembly /software only, from respective OEMs of the products and that no<br />

refurbished/duplicate/ second hand components/parts/ assembly / software are being used or shall<br />

be used.<br />

We also undertake that in respect of licensed operating system if asked <strong>for</strong> by you in the purchase<br />

order, the same shall be supplied along with the authorised license certificate (eg Product Keys on<br />

Certification of Authenticity in case of Microsoft Windows Operating System) and also that it shall be<br />

sourced from the authorised source (eg Authorised Microsoft Channel in case of Microsoft Operating<br />

System).<br />

Should you require, we hereby undertake to produce the certificate from our OEM supplier in<br />

support of above undertaking at the time of delivery/installation. It will be our responsibility to<br />

produce such letters from our OEM supplier’s at the time of delivery or within a reasonable time.<br />

In case of default and we are unable to comply with above at the time of delivery or during<br />

installation, <strong>for</strong> the IT Hardware/Software already billed, we agree to take back the Laptops without<br />

demur, if already supplied and return the money if any paid to us by you in this regard.<br />

We (system OEM name) also take full responsibility of both Parts & Service SLA as per the content<br />

even if there is any defect by our authorized Service Centre/ Reseller/SI etc.<br />

Authorised Signatory<br />

Name:<br />

Designation<br />

Place<br />

Date<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 52


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

PROFORMA FOR DEED OF INDEMNITY<br />

Form – 5<br />

This Deed of Indemnity executed at Mumbai on the ______ day of _______ by<br />

________________________________________ (hereinafter referred to as “the Obligor” which<br />

expression shall unless it be repugnant to the context, subject or meaning thereof, shall be deemed<br />

to mean and include successors and permitted assigns);<br />

IN FAVOUR OF<br />

<strong>IDBI</strong> <strong>Bank</strong> Limited, a company registered and incorporated under the Companies Act, 1956 (1<br />

of 1956) and a banking company within the meaning of section 5 (c) of the <strong>Bank</strong>ing Regulation Act,<br />

1949 (10 of 1949) having its registered office at <strong>IDBI</strong> Tower, WTC Complex, Cuffe Parade, Colaba,<br />

Mumbai – 400 005 (hereinafter referred to as “<strong>IDBI</strong> <strong>Bank</strong>” which expression shall, unless it be<br />

repugnant to the subject or context or meaning thereof, be deemed to mean and include its<br />

successors and assigns)<br />

WHEREAS<br />

(1) The Obligor has<br />

(a) offered to supply <strong>IDBI</strong> <strong>Bank</strong> with Laptops at its various locations, with the specifications as<br />

prescribed in the Agreement / Contract dated _________ during the period of 12 months<br />

from the date of First Purchase Order and subsequent purchase orders to be issued by <strong>IDBI</strong><br />

<strong>Bank</strong> from time to time. The Supply of Laptops by the obligor is herein after referred to as<br />

"Supply".<br />

(b) agreed to install and provide comprehensive maintenance at various locations <strong>for</strong> the Laptops<br />

supplied by them in terms of the Agreement / Contract dated _________ and respective<br />

Purchase Orders issued from time to time during the Contract period and during the<br />

comprehensive onsite warranty period of 36 months <strong>for</strong> Laptops and its preloaded software<br />

and 12 months <strong>for</strong> the batteries supplied alongwith the Laptops from the date of installation<br />

of the respective Laptop. (The installation and maintenance are herein after collectively<br />

referred to as "Service/s").<br />

(c) represented and warranted that they have all permissions, consents, approvals from all<br />

authorities, both regulatory and non‐regulatory, <strong>for</strong> Supply and Service/s to <strong>IDBI</strong> <strong>Bank</strong> .<br />

(d) represented and warranted that the a<strong>for</strong>esaid supply/services offered to <strong>IDBI</strong> <strong>Bank</strong> do not<br />

violate any provisions of the applicable laws, regulations or guidelines including legal and<br />

environmental. In case there is any violation of any law, rules or regulation, which is capable<br />

of being remedied, the same will be got remedied immediately during the installation,<br />

maintenance and contract period to the satisfaction of <strong>IDBI</strong> <strong>Bank</strong> .<br />

(e) represented and warranted that they are authorized and legally eligible and otherwise<br />

entitled and competent to enter into such Contract/Agreement with <strong>IDBI</strong> <strong>Bank</strong> .<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 53


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

(2) <strong>IDBI</strong> <strong>Bank</strong> , relying and based on the a<strong>for</strong>esaid representations and warranties of the Obligor, has<br />

agreed to purchase the Laptops and avail the Services of the Obligor on the terms and conditions<br />

contained in its Agreement/Contract dated ____________________ with the Obligor;<br />

(3) One of the conditions of the a<strong>for</strong>esaid Agreement is that the Obligor is required to furnish an<br />

indemnity in favour of <strong>IDBI</strong> <strong>Bank</strong> indemnifying the latter against any claims, losses, costs,<br />

actions, suits, damages and / or otherwise arising due to or on account of Obligor's violations of<br />

any trademarks, patents, copyrights and licences, the applicable laws, regulations, guidelines<br />

during the Supply / Services to <strong>IDBI</strong> <strong>Bank</strong> over the contract period as also <strong>for</strong> breach committed<br />

by the Obligor on account of misconduct, omission and negligence by the Obligor.<br />

(4) In pursuance thereof, the Obligor has agreed to furnish an indemnity in the <strong>for</strong>m and manner<br />

and to the satisfaction of <strong>IDBI</strong> <strong>Bank</strong> as hereinafter appearing;<br />

NOW THIS DEED WITNESSETH AS UNDER:‐<br />

In consideration of <strong>IDBI</strong> <strong>Bank</strong> having agreed to award the a<strong>for</strong>esaid contract to the Obligor, more<br />

particularly described and stated in the a<strong>for</strong>esaid Agreement/Contract, the Obligor do hereby agree<br />

and undertake that:‐<br />

(1) The Obligor shall, at all times hereinafter, save and keep harmless and indemnified <strong>IDBI</strong> <strong>Bank</strong>,<br />

including its respective directors, officers and employees and keep them indemnified from and<br />

against any claim, demand, losses, liabilities or expenses of any nature and kind whatsoever<br />

and by whomsoever made in respect of the said contract and any damage caused from and<br />

against all suits and other actions that may be instituted taken or preferred against <strong>IDBI</strong> <strong>Bank</strong><br />

by whomsoever and all losses, damages, costs, charges and expenses that <strong>IDBI</strong> <strong>Bank</strong> may incur<br />

by reason of any claim made by any claimant <strong>for</strong> any reason whatsoever or by anybody claiming<br />

under them or otherwise <strong>for</strong> any losses, damages or claims arising out of all kinds of accidents,<br />

destruction, deliberate or otherwise, direct or indirect, from those arising out of violation of<br />

applicable laws, regulations, guidelines and also from the environmental damages, if any, which<br />

may occur during the contract period. However, the liability of the Obligor shall not exceed the<br />

contract price / bid price as stated in the a<strong>for</strong>esaid Agreement.<br />

(2) The Obligor further agrees and undertakes that the Obligor shall, during the contract period,<br />

ensure that all the permissions, authorizations, consents are obtained from the local and/or<br />

municipal and/or governmental authorities, as may be required under the applicable laws,<br />

regulations, guidelines, orders framed or issued by any appropriate authorities.<br />

(3) The Obligor further agrees to provide complete documentation of all Laptops, they are having.<br />

The Obligor shall also indemnify and keep indemnified <strong>IDBI</strong> <strong>Bank</strong> against any levies / penalties /<br />

claims / demands litigations, suits, actions, judgments, and or otherwise ion account of any<br />

default and or breach and or otherwise in this regard.<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 54


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

(4) If any additional approval, consent or permission is required by the Obligor to execute and<br />

per<strong>for</strong>m the contract during the currency of the contract, they shall procure the same and/or<br />

comply with the conditions stipulated by the concerned authorities without any delay.<br />

(5) The obligations of the Obligor herein are irrevocable, absolute and unconditional, in each case<br />

irrespective of the value, genuineness, validity, regularity or en<strong>for</strong>ceability of the a<strong>for</strong>esaid<br />

Agreement/Contract or the insolvency, bankruptcy, reorganization, dissolution, liquidation or<br />

change in ownership of <strong>IDBI</strong> <strong>Bank</strong> or Obligor or any other circumstance whatsoever which<br />

might otherwise constitute a discharge or defense of an indemnifier.<br />

(6) The obligations of the Obligor under this deed shall not be affected by any act, omission, matter<br />

or thing which, would reduce, release or prejudice the Obligor from any of the indemnified<br />

obligations under this indemnity or prejudice or diminish the indemnified obligations in whole<br />

or in part, including in law, equity or contract (whether or not known to it, or to <strong>IDBI</strong> <strong>Bank</strong> ).<br />

(7) This indemnity shall survive the a<strong>for</strong>esaid Agreement.<br />

(8) Any notice, request or other communication to be given or made under this indemnity shall be<br />

in writing addressed to either party at the address stated in the a<strong>for</strong>esaid Agreement and or as<br />

stated above.<br />

(9) This indemnity shall be governed by, and construed in accordance with, the laws of India. The<br />

Obligor irrevocably agrees that any legal action, suit or proceedings arising out of or relating to<br />

this indemnity may be brought in the Courts/Tribunals at Mumbai. Final judgment against the<br />

Obligor in any such action, suit or proceeding shall be conclusive and may be en<strong>for</strong>ced in any<br />

other jurisdiction, by suit on the judgment, a certified copy of which shall be conclusive<br />

evidence of the judgment, or in any other manner provided by law. By the execution of this<br />

indemnity, the Obligor irrevocably submits to the exclusive jurisdiction of such Court/Tribunal<br />

in any such action, suit or proceeding.<br />

(10) <strong>IDBI</strong> <strong>Bank</strong> may assign or transfer all or any part of its interest herein to any other person.<br />

Obligor shall not assign or transfer any of its rights or obligations under this indemnity, except<br />

with the prior written consent of <strong>IDBI</strong> <strong>Bank</strong><br />

IN WITNESS WHEREOF the Obligor has signed these presents on the day, month and year first above<br />

written.<br />

Signed and Delivered on behalf of )<br />

___________________ )<br />

by the hand of __________________ )<br />

_________, the authorized official of the Obligor)<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 55


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

Eligibility Compliance<br />

Form – 6<br />

Sr.<br />

No.<br />

Eligibility Criteria Supporting Documents Complied<br />

(Y/N)<br />

1. Be a registered and net profit making firm or<br />

company <strong>for</strong> the last three years<br />

Applicable <strong>for</strong> both OEM and Channel partner<br />

Copy of the last three years<br />

audited financial<br />

statements from OEM as<br />

well as Channel partner<br />

2. Have minimum turnover out of Indian<br />

operations should not be less than Rs 10 Crore<br />

in the last financial year.<br />

Certificate from a Chartered<br />

Accountant<br />

Applicable <strong>for</strong> OEM Only<br />

3. Be in the business of supplying, installing, and<br />

maintaining of Laptops in India <strong>for</strong> last Three<br />

years<br />

A self certified letter in<br />

compliance from OEM as<br />

well as Channel partner<br />

Applicable <strong>for</strong> both OEM and Channel partner<br />

4. The OEM should be ISO 9001:2008 certified and<br />

the offered laptop should be Green Peace<br />

Certified and also have Energy Star minimum<br />

5.0 rating OR BEE Star equivalent<br />

Applicable <strong>for</strong> OEM Only<br />

5. Should be able to deliver and install the laptops<br />

within 4 weeks from the date of purchase order.<br />

For late delivery, the LD clause would be<br />

applicable @1% of the order value <strong>for</strong> the<br />

delayed laptop(s) inclusive of all taxes per week<br />

or part thereof subject to a maximum of 5%.<br />

Applicable <strong>for</strong> the bidder (OEM/Channel<br />

partner)<br />

6. Should not have been put in the negative list by<br />

any <strong>Bank</strong>/Government Organization <strong>for</strong> breach<br />

of any applicable law or violation of regulatory<br />

Copy of ISO certification ,<br />

Green Peace Above 3<br />

rating, Energy Star Above<br />

5.0 or BEE Star equivalent<br />

rating is required<br />

A self certified letter to be<br />

submitted <strong>for</strong> meeting the<br />

delivery schedule and<br />

accepting the LD clause<br />

along with a copy of the<br />

respective OEM confirming<br />

to adhere to the delivery<br />

schedules.<br />

A self certified letter in this<br />

regard from OEM as well as<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 56


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

prescriptions or breach of agreement during the<br />

last 2 years<br />

Channel partner.<br />

Applicable <strong>for</strong> both OEM and Channel partner<br />

7. The OEM should have technically qualified<br />

engineers who have expertise and certification<br />

to support the installations of Laptops.<br />

Applicable <strong>for</strong> OEM Only<br />

The OEM will be required to provide a letter of<br />

Authorization to the partner <strong>for</strong> submitting the<br />

offer on behalf of the OEM. One channel<br />

partner can participate only <strong>for</strong> one OEM<br />

vendor.<br />

8. The bidder will have to compulsorily bid <strong>for</strong><br />

both types of laptops mentioned in the <strong>RFP</strong>.<br />

Applicable <strong>for</strong> the bidder (OEM/Channel<br />

partner)<br />

9. The Bidder should have all necessary licenses,<br />

permissions, consents, NOCs, approvals as<br />

required under law <strong>for</strong> carrying out its business.<br />

The bidder should have currently valid Sales<br />

tax/Service Tax Registration Certificate and PAN<br />

No.<br />

Self certified letter from the<br />

OEM certifying – having<br />

technically qualified<br />

engineers.<br />

Letter of Authorization<br />

from OEM (applicable only<br />

in case of bidding by<br />

Channel Partner on behalf<br />

of OEM)<br />

In case bidder does not bid<br />

<strong>for</strong> both types of laptops<br />

mentioned in the <strong>RFP</strong>, his<br />

bid will be rejected.<br />

Copies of Registration<br />

Certificate & PAN No.<br />

Applicable <strong>for</strong> the bidder (OEM/Channel<br />

partner)<br />

10. The OEM vendor should have support centers in<br />

minimum Ten States including at least one in<br />

the North‐East<br />

List of support centers<br />

Applicable <strong>for</strong> OEM Only<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 57


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

Laptop - Hardware & Software Compliance<br />

Form – 7<br />

S.No<br />

Parameter Specification / Description Complied<br />

(Y/N)<br />

1 Make Must be specified<br />

2 Model Must be specified with all relevant product<br />

brouchers and manuals<br />

3 Processor Type Intel Core 3 rd generation i5 processor (3320M)<br />

@2.6 GHz, Intel HM76 Express Chipset, 3MB<br />

Cache<br />

OR higher configuration<br />

4 Memory description Minimum 4 GB DDR3 SDRAM (single stick) 1333<br />

MHz or higher upgradable upto 8 GB<br />

5 Video Display 14” TFT colour, LED backlight<br />

6 Hard Drive HDD Internal - Minimum 500 GB SATA HDD<br />

@7200 rpm<br />

7 Optical Device 8x DVD Super Multi R/W<br />

8 Video Intel HD Graphic 4000<br />

9 Audio Internal Stereo Speaker<br />

10 Ports & Slots 2 x USB 2.0, 1 x USB 3.0, RJ45 LAN, 4.0<br />

Bluetooth, VGA, Full HDMI, Card Reader, 1<br />

Memory stick slot, WiFi<br />

11 Wired Communication 150 mbps or higher (gigabit Ethernet)<br />

12 Power (Battery) Light weight AC adapter. 6-cell/9-cell lithium-ion<br />

battery with minimum 3 hours backup time in<br />

actual condition with 1 year warranty<br />

13 Keyboard Full size spill resistant keyboard<br />

14 Mouse/Pointing Device Touch pad with gesture support<br />

15 Operating systems Preinstalled Genuine Windows 7.0 Professional<br />

64 bit with Service Pack<br />

16 Warranty 36 months comprehensive on-site warranty on<br />

laptop and its preloaded software and 12 months<br />

on its battery from OEM inclusive of Parts &<br />

Labour<br />

17 Mobility With Executive Carry Case<br />

18 Weight Maximum 2.4Kgs with batteries<br />

19 Camera Inbuilt 1.3 Mega Pixel/HD Camera<br />

20 Other Green Peace rating > 3.0,Energy Star 5.0<br />

compliant OR BEE Star equivalent<br />

21 Delivery Time 4 weeks from the date of acceptance of<br />

commercially acceptable purchase order<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 58


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

To be submitted separately in the Estimated Commercial Bid Envelope<br />

Estimated Price Bid Form<br />

The Format of Estimated Price Bid Form is given below.<br />

Form ‐ 8<br />

Sr. No<br />

Laptop Type<br />

Laptop make &<br />

model<br />

Approx<br />

Qty<br />

Unit Laptop<br />

Cost<br />

MS‐Office 2010<br />

Home &<br />

Business OEM<br />

cost<br />

Total<br />

Grand Total<br />

(A) (B) (C) (D) (E) (H = D + E) (I = H * C)<br />

1<br />

Laptops with<br />

preloaded MS<br />

Office 2010 Home<br />

& business OEM 21<br />

Laptops without<br />

2 MS‐office SW 42<br />

NA<br />

TOTAL‐‐<br />

i) Please note that L1‐bidder of the Laptops will be determined on the basis of the lowest total price quoted <strong>for</strong> all<br />

Laptops (both types together) through an Online Reverse Auction.<br />

ii) Estimated Price quoted should be inclusive of all taxes, duties, other additional charges like Delivery, Handling at<br />

site and Installation except Octroi/ Entry Tax.<br />

iii) Vendors should provide breakup of cost as specified above.<br />

Authorised Signatory<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 59


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

(This document must be <strong>for</strong>warded by the issuing <strong>Bank</strong> directly to <strong>IDBI</strong> <strong>Bank</strong> at its specified<br />

address)<br />

Per<strong>for</strong>mance Guarantee<br />

Form – 9<br />

<strong>Bank</strong> Guarantee No.<br />

<strong>Bank</strong> Guarantee Amount<br />

Expiry Date<br />

Claim Amount<br />

M/s.<br />

Account<br />

GUARANTEE FOR PERFORMANCE OF CONTRACT / AGREEMENT<br />

THIS GUARANTEE AGREEMENT executed at ______ this _____ day of _________ Two Thousand<br />

Twelve<br />

BY :<br />

______________________ <strong>Bank</strong>, a body corporate constituted under _______________, having its<br />

Registered Office/ Head Office at ______________, and a Branch Office at<br />

_____________________________________________________ (hereinafter referred to as “the<br />

Guarantor”, which expression shall, unless it be repugnant to the subject, meaning or context<br />

thereof, be deemed to mean and include its successors and assigns)<br />

IN FAVOUR OF:<br />

<strong>IDBI</strong> BANK LIMITED (<strong>IDBI</strong>), a company incorporated and registered under the Companies Act, 1956 (1<br />

of 1956) and a banking company within the meaning of Section 5 (c) of the <strong>Bank</strong>ing Regulation Act,<br />

1949 (10 of 1949) and having its registered office at <strong>IDBI</strong> Tower, WTC Complex, Cuffe Parade,<br />

Mumbai – 400 005 and having its Branch Office amongst other places (hereinafter referred to as<br />

“<strong>IDBI</strong> <strong>Bank</strong>” which expression shall unless it be repugnant to the subject, meaning or context thereof,<br />

be deemed to mean and include its successors and assigns),<br />

(f)<br />

WHEREAS <strong>IDBI</strong> <strong>Bank</strong> had called <strong>for</strong> the bids <strong>for</strong> engagement of Vendor to carry out supply,<br />

installation and maintenance of Laptops as per the specifications prescribed therein (herein<br />

after referred to as "Supply") and maintain the same during the Warranty period of 36<br />

months <strong>for</strong> Laptop and 12 months <strong>for</strong> its batteries from the date of installation of the<br />

respective Laptops (herein after referred to as "Service/s") at the specified locations as per<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 60


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

the terms and conditions of the Contract/ Agreement dated……………..(the Agreement); and<br />

<strong>for</strong> the purposes M/s………………………have been appointed as the Vendor (hereinafter referred<br />

to as " Vendor") and accordingly has entered into Contract / Agreement on ………..<br />

(Agreement) with <strong>Bank</strong> subject to the terms and conditions contained in the said documents<br />

and the Vendor has duly confirmed the same.<br />

AND WHEREAS pursuant to the Bid Documents, the Agreement, and other related documents<br />

(hereinafter collectively referred to as “the said documents”), the purchasing <strong>Bank</strong> has agreed to<br />

avail from M/s……………………. and M/s……………………………. has agreed to provide to the said <strong>Bank</strong>, the<br />

Services, more particularly described in the Schedule/Annexure to the said documents (hereinafter<br />

collectively referred to as “the Services”), subject to payment of the contract price as stated in the<br />

said documents and also subject to the terms, conditions, covenants, provisions and stipulations<br />

contained the said documents.<br />

AND WHEREAS the Vendor has duly signed the said documents.<br />

AND WHEREAS in terms of the said documents, the Vendor has agreed to Supply & provide the<br />

Services and to procure an unconditional and irrevocable per<strong>for</strong>mance bank guarantee, in favour of<br />

the purchasing <strong>Bank</strong>, from a Scheduled Commercial <strong>Bank</strong> acceptable to the purchasing <strong>Bank</strong> <strong>for</strong><br />

securing ………. onwards faithful observance and per<strong>for</strong>mance by the Vendor of the terms, conditions,<br />

covenants, stipulations, provisions of the Agreement/the said documents.<br />

AND WHEREAS at the request of the Vendor, the Guarantor has agreed to guarantee the purchasing<br />

<strong>Bank</strong>, payment of the ………. of the Contract Price amounting to …………………………..(in words) towards<br />

faithful observance and per<strong>for</strong>mance by the Vendor of the terms of the said documents.<br />

NOW THEREFORE THIS AGREEMENT WITNESSETH AS FOLLOWS:<br />

In consideration of the above, the Guarantor hereby unconditionally, absolutely and irrevocably<br />

guarantees to the <strong>Bank</strong> as follows:<br />

The Guarantor hereby guarantees and undertakes to pay, on demand, to the purchasing <strong>Bank</strong> at its<br />

office at Mumbai <strong>for</strong>thwith, the ……………………………………….or any part thereof, as the case may be, as<br />

a<strong>for</strong>esaid due to the <strong>Bank</strong> from the Vendor, towards any loss, costs, damages, etc. suffered by the<br />

<strong>Bank</strong> on account of default of the Vendor in the faithful observance and per<strong>for</strong>mance of the terms,<br />

conditions, covenants, stipulations, provisions of the Agreement / said documents, without any<br />

demur, reservation, contest, recourse or protest or without any reference to the Vendor. Any such<br />

demand or claim made by the <strong>Bank</strong>, on the Guarantor shall be final, conclusive and binding<br />

notwithstanding any difference or any dispute between the <strong>Bank</strong> and the Vendor or any dispute<br />

between the <strong>Bank</strong> and the Vendor pending be<strong>for</strong>e any Court, Tribunal, Arbitrator, or any other<br />

authority.<br />

The Guarantor agrees and undertakes not to revoke this Guarantee during the currency of these<br />

presents, without the prior written consent of the <strong>Bank</strong> and further agrees that the Guarantee herein<br />

contained shall continue to be en<strong>for</strong>ceable until and unless it is discharged earlier by the <strong>Bank</strong>, in<br />

writing.<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 61


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

The <strong>Bank</strong> shall be the sole judge to decide whether the Vendor has failed to per<strong>for</strong>m the terms of the<br />

Agreement / said documents <strong>for</strong> providing the Services by the Vendor to the <strong>Bank</strong>, and on account of<br />

the said failure what amount has become payable by the Vendor to the <strong>Bank</strong> under this Guarantee.<br />

The decision of the <strong>Bank</strong> in this behalf shall be final, conclusive and binding on the Guarantor and the<br />

Guarantor shall not be entitled to demand the <strong>Bank</strong> to establish its claim under this Guarantee but<br />

shall pay the sums demanded without any objection, whatsoever.<br />

To give effect to this Guarantee, the <strong>Bank</strong>, may act as though the Guarantor was the principal debtor<br />

to the <strong>Bank</strong>.<br />

The liability of the Guarantor, under this Guarantee shall not be affected by:<br />

any change in the constitution or winding up of the Vendor or any absorption, merger or<br />

amalgamation of the Vendor with any other company, corporation or concern; or any change in the<br />

management of the Vendor or takeover of the management of the Vendor by the Government or by<br />

any other authority; or acquisition or rationalization of the Vendor and/or of any of its<br />

undertaking(s) pursuant to any law; or any change in the constitution of <strong>IDBI</strong> <strong>Bank</strong> / Vendor; or any<br />

change in the set up of the Guarantor which may be by way of change in the constitution, winding<br />

up, voluntary or otherwise, absorption, merger or amalgamation or otherwise; or the absence or<br />

deficiency of powers on the part of the Guarantor to give Guarantees and/or Indemnities or any<br />

irregularity in the exercise of such powers. Notwithstanding anything contained hereinabove, the<br />

liability of the Guarantor hereunder shall not exceed 10% of the contract value as specified in the<br />

Contract / Agreement.<br />

This Guarantee will expire on _______________. Any demand or claim under this Guarantee must<br />

be received by the Guarantor by ______________ and if no such demand or claim has been received<br />

by the Guarantor within the a<strong>for</strong>esaid mentioned date, then all the rights of the <strong>Bank</strong> under this<br />

Guarantee shall cease.<br />

For all purposes connected with this Guarantee and in respect of all disputes and differences under<br />

or in respect of these presents or arising there from the courts of Bombay city/ Mumbai city where<br />

the <strong>Bank</strong> has its Registered Office shall alone have jurisdiction to the exclusion of all other courts<br />

even though other Courts in India may also have similar jurisdictions.<br />

IN WITNESS WHEREOF the Guarantor has caused these presents to be executed on the day, month<br />

and year first herein above written as hereinafter appearing.<br />

SIGNED AND DELIVERED BY<br />

the within named Guarantor,<br />

______________________,<br />

by the hand of Shri.__________,<br />

its authorised official.<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 62


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

(To be submitted by the Vendor/s on appropriate value of stamp papers<br />

/ franking within 1 month of receipt of LOI)<br />

Form‐10<br />

AGREEMENT<br />

This agreement (the Agreement) made at Mumbai on this ............. day of …………2012.<br />

BETWEEN<br />

<strong>IDBI</strong> <strong>Bank</strong> Limited (<strong>IDBI</strong>), a company incorporated and registered under Companies Act, 1956 [1 of<br />

1956] and a banking company within the meaning of section 5(c) of <strong>Bank</strong>ing Regulation Act, 1949 (10<br />

of 1949) (hereinafter referred to as "Purchaser") and having its registered office at <strong>IDBI</strong> Tower, WTC<br />

Complex, Cuffe Parade, Colaba, Mumbai – 400 005 (which expression shall unless it be repugnant to<br />

the subject, context or meaning thereof be deemed to mean and include its successors and assigns)<br />

of the One Part<br />

AND<br />

M/s. ................................... hereinafter called the "Vendor" (which expression shall unless<br />

repugnant to the subject, context or meaning thereof be deemed to mean and include its successors)<br />

of the Other Part.<br />

The Purchaser and the Vendor are hereinafter collectively referred to as the 'Parties'.<br />

WHEREAS<br />

1. The Purchaser, <strong>for</strong> the purpose of expanding its operations desires to procure Laptops,<br />

specifications of which are as listed out in technical specifications in the request <strong>for</strong> proposal<br />

(<strong>RFP</strong>).<br />

2. The Purchaser had invited bids from interested parties and has accepted a bid by the Vendor<br />

<strong>for</strong> supply, installation and maintenance of Laptops at various locations of the Purchaser <strong>for</strong> a<br />

period of 12 months from the date of the award of contract, with a comprehensive onsite<br />

warranty <strong>for</strong> 36 months on Laptop and its preloaded software and 12 months on its batteries<br />

from the date of installation of the respective Laptop. (hereinafter referred to as the<br />

'Contract Price').<br />

The Vendor has agreed to supply and install the Laptops at the respective locations of the Purchaser,<br />

subject to the terms, conditions, provisions, stipulations, covenants, and instructions set <strong>for</strong>th herein,<br />

the general terms and conditions of the contract contained in the <strong>RFP</strong> and the purchase orders<br />

issued from time to time (hereinafter collectively referred to as the "Said Conditions)".<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 63


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

NOW IT IS HEREBY AGREED AS FOLLOWS:<br />

ARTICLE 1 – Purchase and Delivery<br />

1.1 The Vendor shall upon and subject to the said conditions, supply, install and maintain the Laptops<br />

at the time and in the manner set <strong>for</strong>th in this Agreement and as described in the Purchase<br />

Orders issued from time‐to‐time by the Purchaser <strong>for</strong> the Contract Price as agreed to herein.<br />

Time being essence of this Agreement.<br />

1.2 The Purchaser shall pay to the Vendor as per the Contract Price agreed upon between the Parties<br />

herein, upon submission of invoices, test certificate, original Octroi/ Entry Tax receipts and<br />

installation report from the respective branches.<br />

1.3 The Contract Price will be inclusive of all taxes such as sales tax, surcharge on sales tax, excise<br />

duty, turnover tax, works contract tax, VAT, Insurance, Transportation etc. Octroi / Entry Tax at<br />

actuals, will be reimbursed by the Purchaser on submission of original receipts by the Vendor.<br />

Any increase in cost by the manufacturer or tax levied by the government from time‐to‐time on<br />

the whole product or component thereof will have to be borne by the Vendor.<br />

1.4 It will be imperative <strong>for</strong> the Vendor to fully in<strong>for</strong>m itself of all legal conditions and factors which<br />

may have any effect on the execution of the contract as described in the bid documents. The<br />

Purchaser shall not entertain any request <strong>for</strong> clarification from the Vendor regarding such local<br />

conditions.<br />

1.5 The Purchaser may place orders <strong>for</strong> supply, installation and maintenance of the Laptops from<br />

time to time as required. The Laptops shall be delivered to the specific location according to the<br />

specific delivery instructions, which will be mentioned in the respective purchase orders. The<br />

Purchaser shall have the right to cancel/reject entire/part of the order/delivery, if the delivery is<br />

not made within the stipulated time and/or if the quality of the Laptops does not meet the<br />

specifications as specified in this Agreement. In such cases, the Purchaser will not be liable to pay<br />

any charges <strong>for</strong> transportation, Octroi/ Entry Tax, etc. incurred by the Vendor in respect of the<br />

rejected Laptops. The Purchaser shall be the sole judge as regards the specifications of the<br />

Laptops concerned.<br />

1.6 The address <strong>for</strong> delivery of the Laptops shall be as specified in the respective purchase orders<br />

issued from time to time.<br />

1.7 All applicable taxes shall be deducted by the Purchaser at source according to the tax rate<br />

prevalent at the time of making the payment.<br />

1.8 The amount of Rs.70,000/‐ (Rupees Seventy Thousand Only) paid by the Vendor towards the<br />

Earnest Money Deposit (EMD) shall be retained by the Purchaser as a security deposit and will be<br />

refunded within 90 days from the date of Vendor's acceptance of the contract awarded by the<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 64


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

Purchaser and on singing of the Agreement within 1 month from date of LOI. The EMD will not<br />

carry any interest.<br />

1.9 The Vendor is responsible <strong>for</strong> and obliged to conduct all contracted activities strictly in<br />

accordance with contract using state‐of‐the‐art methods and economic principles and exercising<br />

all means available to achieve the per<strong>for</strong>mance specified in the contract.<br />

1.10 The Vendor shall furnish an interest‐free Per<strong>for</strong>mance Security / Guarantee <strong>for</strong> an amount of<br />

10% of Contract amount, issued by a scheduled commercial bank (hereinafter referred to as<br />

"<strong>Bank</strong> Guarantee") in favour of the Purchaser, on the terms and conditions acceptable to the<br />

Purchaser and arrange to furnish the same to the Purchaser directly through the issuing <strong>Bank</strong>.<br />

ARTICLE 2 – <strong>RFP</strong> to be treated as part of the Agreement<br />

The <strong>RFP</strong> along with its Annexures, other attachments and deviations, if any, shall be read and<br />

construed as <strong>for</strong>ming part of this Agreement and the Parties hereto shall abide by and submit<br />

themselves to the conditions and per<strong>for</strong>m the Agreement on their part respectively in accordance<br />

with the terms and conditions contained herein as well as in the <strong>RFP</strong>.<br />

ARTICLE 3 – Representations and Warranties of the Vendor<br />

The Vendor shall be deemed to have represented, warranted, assured, agreed, confirmed, declared<br />

and undertaken that ‐<br />

a) it is duly organized and a validly existing organization under Indian Laws.<br />

b) it has power and authority to execute and deliver this Agreement and has taken all necessary<br />

steps to authorize execution, delivery and per<strong>for</strong>mance of this Agreement.<br />

c) it has power and authority to do all things necessary and appropriate and to consummate the<br />

transactions contemplated under this Agreement.<br />

d) neither the execution and delivery of this Agreement with the Purchaser nor the Vendor's<br />

compliance with or per<strong>for</strong>mance of the terms and provisions of this Agreement shall contravene<br />

any provisions of law or any order, writ, injunction or decree of any Court or Government<br />

authority nor shall it violate any provisions of memorandum and articles of association<br />

affixation/bye laws/partnership deed or any agreement or arrangement to which the Vendor is<br />

party.<br />

e) it shall supply to the Purchaser, Laptops free from manufacturing defects. Defective parts, if any,<br />

shall be removed and replaced immediately within 10 working days of notification, free of<br />

charge. If the Vendor having been notified fails to remedy the defect(s) within the period<br />

specified, the Purchaser may proceed to take such remedial action/s as may be necessary, at the<br />

Vendor's risk and expense and without prejudice to any other rights which Purchaser may have<br />

against the Vendor under and in accordance with this Agreement/ Contract. The delay in delivery<br />

of the Laptops at the respective destinations and/or, installation beyond the agreed period will<br />

attract a penalty of 1% of the Product Price subject to a maximum of 5% of order value as per the<br />

respective purchase order. Any decision of Purchaser in this regard shall be final, conclusive and<br />

binding on the Vendor.<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 65


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

ARTICLE 4 – Indemnity<br />

The Vendor shall unconditionally and irrevocably, (jointly and severally in case of partnership<br />

concern) indemnify the Purchaser against any claims, losses, costs, actions, suits, damages and or<br />

otherwise arising due to or on account of Vendor's violation of any trademarks, patents, copyrights<br />

and licenses and shall always keep the Purchaser, its affiliates, subsidiaries, successors, assigns,<br />

officers, directors and employees, indemnified at all times, from and against all claims, losses,<br />

damages, costs, actions, suits, compensation or expenses or otherwise, if any, that the Purchaser<br />

may incur by reason of any action, proceedings which may be brought by or against or taken against<br />

the Purchaser, by anybody including the customers <strong>for</strong> anything of any nature whatsoever. This<br />

clause shall survive the termination of this Agreement <strong>for</strong> any reason whatsoever. The Deed of<br />

Indemnity shall be executed in the <strong>for</strong>m and to the satisfaction of the Purchaser.<br />

ARTICLE 5 ‐Termination of the Agreement<br />

The Purchaser may terminate this Agreement <strong>for</strong> any breach of the terms and conditions of this<br />

Agreement by giving 30 days notice to the Vendor requiring it to make good the default(s) within<br />

notice period. This decision will not be challengeable in any court of law. However, the Vendor will<br />

have to serve a notice of 3 months, if he wishes to terminate the Agreement/Contract.<br />

Termination of this Agreement shall not affect or prejudice any provisions of this Agreement, which<br />

are expressly or by implication provided to continue in effect after such termination.<br />

ARTICLE 6 – Notices<br />

All notices in connection with this Agreement, shall be given in writing, hand delivered or sent by<br />

regd. post / courier or by facsimile transmission, confirmed by courier to the address or fax number<br />

specified below, or to such other address or number which the Parties may have last specified. All<br />

such notices shall be effective upon receipt to:<br />

Purchaser:<br />

<strong>IDBI</strong> <strong>Bank</strong> Limited<br />

<strong>IDBI</strong> Building, Plot No.39‐41, Sector‐11, CBD Belapur, Navi Mumbai – 400 614, Fax No.2756 6313<br />

Vendor:<br />

…………………<br />

Either of the Parties may by notice, change the address to which such notices and communication<br />

are to be delivered or transmitted.<br />

ARTICLE 7 ‐ Dispute Resolution<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 66


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

The Parties shall use their best ef<strong>for</strong>ts to amicably settle all disputes arising out of or in connection<br />

with the Contract/Agreement in the following manner:<br />

a. The Party raising a dispute shall address to the other Party a notice requesting an amicable<br />

settlement of the dispute within seven (7) days of receipt of the notice.<br />

b. The matter will be referred <strong>for</strong> negotiation between nominated officials of the Purchaser and the<br />

Vendor. The matter shall then be resolved by them and the agreed course of action documented<br />

within a further period of 15 days.<br />

c. The Parties agree that any dispute between them, which cannot be settled by negotiation in the<br />

manner, described above, may be resolved exclusively by arbitration and such dispute may be<br />

submitted by either party to arbitration within 20 days of the failure of negotiations. Arbitration<br />

shall be held in Mumbai, India and conducted in accordance with the provision of Arbitration and<br />

Conciliation Act, 1996 or any statutory modification or re‐enactment thereof. Each Party to the<br />

dispute shall appoint 1 arbitrator each and the two arbitrators shall jointly appoint the third or<br />

the presiding arbitrator. The arbitration proceedings shall be conducted in the English language.<br />

Subject to the above, the courts of law at Mumbai alone shall have the jurisdiction in respect of<br />

all matters connected with the Contract/Agreement even though other Courts in India may also<br />

have similar jurisdictions. The arbitration award shall be final, conclusive and binding upon the<br />

Parties and judgment may be entered thereon, upon the application of either party to a court of<br />

competent jurisdiction. Each Party shall bear the cost of preparing and presenting its case, and<br />

the cost of arbitration, including fees and expenses of the arbitrators, shall be shared equally by<br />

the Parties unless the award otherwise provides.<br />

The Vendor shall not be entitled to suspend the supply, installation or maintenance of the Laptops<br />

pending resolution of any disputes between the Parties and shall continue to supply, install and<br />

maintain the Laptops in accordance with the provisions of the Contract/Agreement notwithstanding<br />

the existence of any dispute between the Parties or the subsistence of any arbitration or other<br />

proceedings.<br />

The provision under this section survives the Contract/Agreement.<br />

ARTICLE 8 ‐ Severability<br />

If any of the terms, covenants or conditions thereof as to the application of such term, covenant or<br />

condition shall be held invalid as to either party on circumstances by any Court having jurisdiction,<br />

the reminder of such terms, covenants or conditions shall not be affected thereby, shall remain in full<br />

<strong>for</strong>ce and affect and shall continue to be valid and en<strong>for</strong>ceable.<br />

ARTICLE 9 ‐ Survival of Provisions<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 67


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

In order that the Parties may fully exercise their rights and per<strong>for</strong>m their obligations hereunder, such<br />

provisions of this Agreement that are required to ensure such exercise or per<strong>for</strong>mance shall survive<br />

the termination of this Agreement <strong>for</strong> any cause whatsoever.<br />

ARTICLE 10 ‐ Entire Agreement<br />

The Agreement contains all of the understanding and agreement or whatsoever kind and nature<br />

existing between the Parties with respect to written or oral agreements, commitments,<br />

representatives, communications and understandings between the Parties with respect to the<br />

transactions herein contained.<br />

Necessary corrections, if any, arising out of corrigenda clarifications issued be<strong>for</strong>e opening of Bid<br />

have been made in these documents. Also the subsequently agreed terms based on the discussions<br />

held between the Vendor and Purchaser which were finally accepted <strong>for</strong> the said supply and<br />

installation have been incorporated and all pages in the proposal have been initialed both by Vendor<br />

and Purchaser in token of their acceptance.<br />

ARTICLE 11 ‐ Headings<br />

The heading of various Articles and Sections herein is <strong>for</strong> convenience of reference and is not<br />

deemed to affect the construction of the relative provisions.<br />

ARTICLE 12 – Effective Date & Validity<br />

This Agreement shall become binding on the Parties on and from ____________. It shall be in <strong>for</strong>ce<br />

<strong>for</strong> a period of 12 months from the date of award of Contract / First Purchase Order, whichever is<br />

earlier, in terms of this Agreement or early termination under the provisions of this Agreement,<br />

whichever is earlier. The contract can be further extended by <strong>IDBI</strong> <strong>Bank</strong> under mutual consent.<br />

ARTICLE 13 ‐ Counterparts<br />

This Agreement is executed in duplicate; the original shall be in the custody of the Purchaser and the<br />

duplicate with the Vendor.<br />

ARTICLE 14 – Contract Details<br />

This contract comprises the following among other things:<br />

a) <strong>Request</strong> <strong>for</strong> <strong>Proposal</strong> along with its Annexures, Sections and Terms and Conditions<br />

b) Technical Specifications<br />

c) Earnest Money Deposit, Per<strong>for</strong>mance <strong>Bank</strong> Guarantee / Bid Security<br />

d) Payment Terms<br />

e) Bid submitted by the Vendor<br />

f) Warranty<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 68


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

g) Deed of Indemnity<br />

h) Respective Purchase Orders issued in accordance with this Contract<br />

i) Non Disclosure Agreement<br />

IN WITNESS WHEREOF the Parties have caused these presents and the said duplicate to be signed on<br />

their behalf by their duly authorized executives, the day and year first hereinabove written.<br />

Signed and Delivered by the within named <strong>IDBI</strong> <strong>Bank</strong><br />

Signature :<br />

Name :<br />

Date :‐ ….......................<br />

IN THE PRESENCE OF :<br />

1. Signature 2. Signature<br />

Name :‐ ...................... Name : ……………………….<br />

Address :‐ ......................<br />

Address : ……………………<br />

Signed and Delivered by ......... .........................<br />

the within named Vendor<br />

M/s. ....................................................................<br />

Date :‐ .......................<br />

IN THE PRESENCE OF :<br />

1. Signature 2. Signature<br />

Name :‐ ...................... Name : ……………………….<br />

Address :‐ ......................<br />

Address : ……………………<br />

.................................. ………………………..<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 69


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

(To be submitted by the Vendor on their Letter Head)<br />

Form ‐ 11<br />

PROFORMA FOR WARRANTY<br />

We warranty and represent that the Laptops to be supplied and installed by us vide <strong>IDBI</strong><br />

<strong>Bank</strong>'s respective purchase orders shall be brand new, free from all defects / faults in material /<br />

workmanship / manufacture and shall be of the highest grade and quality and consistent with the<br />

established and generally accepted standards <strong>for</strong> material of the type ordered, shall be in full<br />

con<strong>for</strong>mity with the specifications, and shall operate properly. We shall be fully responsible <strong>for</strong> their<br />

efficient operation. This warranty shall survive <strong>for</strong> a period of 36 (Thirty Six) months <strong>for</strong> Laptops and<br />

12 (Twelve) months <strong>for</strong> their batteries from the Date of Successful Installation of the respective<br />

Laptop.<br />

The obligations under the warranty expressed above shall include all costs relating to labour,<br />

spares, maintenance (preventive & unscheduled) and transport charges from site to manufacturer's<br />

works and back <strong>for</strong> repair/replacement at site or any part of the equipment which under normal &<br />

proper use and maintenance proves defective in design, material or fails to con<strong>for</strong>m to the<br />

specifications.<br />

Signature...……..............<br />

Seal of the company...........<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 70


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

SERVICE LEVEL REQUIREMENTS<br />

During Supply<br />

The following requirements are required to be complied by the vendor :<br />

a) The supply of Laptops should be expedited.<br />

b) The Laptops with its preloaded software should carry a comprehensive 36 months onsite<br />

warranty from the date of installation of the said Laptops.<br />

c) The batteries of the Laptops should carry a comprehensive 12 months onsite warranty from the<br />

date of installation of the respective Laptop.<br />

d) Delivery time of 4 weeks should be adhered to by the vendor <strong>for</strong> supply. Failure to supply /<br />

install within the specified period will attract penalty as specified.<br />

During Warranty Period<br />

During the Warranty period, the vendor has to maintain the following service levels.<br />

a) The batteries of the laptop will have to be replaced free of cost with a new one in case of failure<br />

during the warranty period.<br />

b) Whenever <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. experiences problems due to malfunctioning of laptop supplied, the<br />

vendor will depute a customer support engineer who is well qualified and having adequate<br />

knowledge in the hardware within 4 hours of reporting the problem.<br />

c) The parts of Laptop covered under warranty / scope of work of support during the warranty<br />

period must be detailed and submitted along with the tender.<br />

d) In case <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>., procures any standard software from reliable sources, which can be used<br />

on the system, the vendor, to the best of their ability, will extend the existing support facilities.<br />

e) The uptime guarantee should be 99 % calculated on quarterly basis <strong>for</strong> 24*7 operations.<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 71


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

CHECKLIST OF DOCUMENTS TO BE SUBMITTED<br />

Sr.<br />

Criteria / In<strong>for</strong>mation<br />

No.<br />

1. Be a registered and net profit making<br />

firm or company <strong>for</strong> the last three<br />

years<br />

Applicable <strong>for</strong> both OEM and Channel<br />

partner<br />

2. Have minimum turnover out of Indian<br />

operations should not be less than Rs<br />

10 Crore in the last financial year.<br />

Applicable <strong>for</strong> OEM Only<br />

3. Be in the business of supplying,<br />

installing, and maintaining of Laptops<br />

in India <strong>for</strong> last Three years<br />

Applicable <strong>for</strong> both OEM and Channel<br />

partner<br />

4. The OEM should be ISO 9001:2008<br />

certified and the offered laptop should<br />

be Green Peace Certified minimum 3<br />

rating and also have Energy Star<br />

minimum 5.0 rating OR BEE Star<br />

equivalent<br />

Applicable <strong>for</strong> OEM Only<br />

Supporting Documents<br />

required<br />

Copy of the last three years<br />

audited financial statements<br />

from OEM as well as Channel<br />

partner<br />

Certificate from a Chartered<br />

Accountant<br />

A self certified letter in<br />

compliance from OEM as well<br />

as Channel partner<br />

Copy of ISO certification , Green<br />

Peace minimum 3 rating,<br />

Energy Star minimum 5.0 or BEE<br />

Star equivalent rating is<br />

required<br />

Submitted<br />

(Yes/No)<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 72


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

5. Should be able to deliver and install<br />

the laptops within 4 weeks from the<br />

date of purchase order.<br />

For late delivery, the LD clause would<br />

be applicable @1% of the order value<br />

<strong>for</strong> the delayed laptop(s) inclusive of all<br />

taxes per week or part thereof subject<br />

to a maximum of 5%.<br />

A self certified letter to be<br />

submitted <strong>for</strong> meeting the<br />

delivery schedule and accepting<br />

the LD clause along with a copy<br />

of the respective OEM<br />

confirming to adhere to the<br />

delivery schedules.<br />

Applicable <strong>for</strong> the bidder<br />

(OEM/Channel partner)<br />

6. Should not have been put in the<br />

negative list by any <strong>Bank</strong>/Government<br />

Organization <strong>for</strong> breach of any<br />

applicable law or violation of<br />

regulatory prescriptions or breach of<br />

agreement during the last 2 years<br />

A self certified letter in this<br />

regard from OEM as well as<br />

Channel partner.<br />

Applicable <strong>for</strong> both OEM and Channel<br />

partner<br />

7. The OEM should have technically<br />

qualified engineers who have expertise<br />

and certification to support the<br />

installations of Laptops.<br />

Applicable <strong>for</strong> OEM Only<br />

The OEM will be required to provide a<br />

letter of Authorization to the partner<br />

<strong>for</strong> submitting the offer on behalf of<br />

the OEM. One channel partner can<br />

participate only <strong>for</strong> one OEM vendor.<br />

8. The bidder will have to compulsorily<br />

bid <strong>for</strong> both types of laptops<br />

mentioned in the <strong>RFP</strong>.<br />

Applicable <strong>for</strong> the bidder<br />

(OEM/Channel partner)<br />

Self certified letter from the<br />

OEM certifying – having<br />

technically qualified engineers.<br />

Letter of Authorization from<br />

OEM (applicable only in case of<br />

bidding by Channel Partner on<br />

behalf of OEM)<br />

In case bidder does not bid <strong>for</strong><br />

both types of laptops mentioned<br />

in the <strong>RFP</strong>, his bid will be<br />

rejected.<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 73


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

9. The Bidder should have all necessary<br />

licenses, permissions, consents, NOCs,<br />

approvals as required under law <strong>for</strong><br />

carrying out its business. The bidder<br />

should have currently valid Sales<br />

tax/Service Tax Registration Certificate<br />

and PAN No.<br />

Copies of Registration Certificate<br />

& PAN No.<br />

Applicable <strong>for</strong> the bidder<br />

(OEM/Channel partner)<br />

10. The OEM vendor should have support<br />

centers in minimum Ten States<br />

including at least one in the North‐East<br />

List of support centers<br />

Applicable <strong>for</strong> OEM Only<br />

11. Introduction Provide a brief write‐up about<br />

the proposal, bidder and<br />

confirmation regarding<br />

specifications of Laptops to be<br />

supplied.<br />

12. Bidder In<strong>for</strong>mation Provide all the relevant<br />

in<strong>for</strong>mation about the bidder.<br />

(Form 1)<br />

13. Covering letter Form 1A<br />

14. Bid Document Fee & EMD as specified Rs. 5000/‐ ( Rupees Five<br />

Thousand Only) towards Bid<br />

Document Fee and Rs.70,000/‐<br />

(Rupees Seventy Thousand<br />

Only) towards EMD in the <strong>for</strong>m<br />

of Demand Draft/ <strong>Bank</strong>er’s<br />

Cheque from a Scheduled<br />

Commercial bank in favor of ‘<br />

<strong>IDBI</strong> <strong>Bank</strong> Limited ’ payable at<br />

Mumbai only to be submitted<br />

along with the Technical Bid.<br />

15. Copy of this <strong>RFP</strong> duly signed and<br />

stamped on all pages<br />

Please provide copy of <strong>RFP</strong><br />

document duly signed and<br />

stamped by company.<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 74


I D B I <strong>Bank</strong> <strong>Ltd</strong>.<br />

<strong>RFP</strong> For Laptops<br />

16. Non‐Disclosure Agreement (NDA) as<br />

(Form 2)<br />

per <strong>for</strong>mat given<br />

17. Power of attorney of the signatory<br />

(Form 3)<br />

along with relevant Board resolutions,<br />

if any<br />

18. Undertakings as mentioned (Form 4)<br />

19. Deed of Indemnity (Form 5)<br />

20. Eligibility Criteria Compliance (Form 6)<br />

21. Technical Specifications Compliance<br />

(Form 7)<br />

along with relevant brochures<br />

22. All Documents regarding Clarification<br />

of Bids<br />

Please provide, if required<br />

(optional).<br />

23. Any other relevant legal document Please provide, if required<br />

(optional).<br />

24. Estimated Commercial/Price Bid in<br />

separate sealed envelope with proper<br />

description<br />

(Form 8)<br />

**************** END OF TENDER DOCUMENT ***************<br />

© <strong>IDBI</strong> <strong>Bank</strong> <strong>Ltd</strong>. 75

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