Request for Proposal RFP - tripura state co-operative bank

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RFP for TSCB Core Banking ProjectTender #:3.1.5.5 In the case of a Consortium, the following rules will be applicable:3.1.5.5.1 The Vendor is required to provide proof that the Vendor is authorized to bidwith the products that it does not own. This may be in the form of a (copy of)letter authorizing the Vendor from a duly constituted attorney and / or a(copy of) back-to-back agreement between the concerned parties.3.1.5.5.2 The responsibility for the details presented in the responses will be with theVendor, which will form part of the final legal contract. The Vendor will betotally responsible for delivering contractual services end to end and will be asingle point of contact; and3.1.5.5.3 The responsibility for the commercial bid lies with the Vendor. The Bankwould only deal with one party (the Vendor) on all commercial and legalmatters.3.1.5.5.4 The consortium vendors cannot change once the technical and financial bidhas been submitted in response to the RFP by the Vendor except as may berequired by the Bank.3.1.5.5.5 It is expressly clarified that even in the case of a Consortium; the selectedVendor shall have the single-point responsibility/liability to ensure thefulfilment of all obligations of the Vendor under the contract.3.1.6 Confidentiality Agreement3.1.6.1 This RFP contains information proprietary to the Bank. Each recipient isentrusted to maintain its confidentiality. It should be disclosed only to thoseemployees involved in preparing the requested responses. The informationcontained in the RFP may not be reproduced in whole or in part without theexpress permission of the Bank. Disclosure of any such sensitive informationto parties not involved in the supply of contracted services will be treated asbreach of trust and could invite legal action. This will also mean termination ofthe contract and disqualification of the said bidder.3.1.6.2 Responses received become the property of the Bank and cannot be returned.Information provided by each Vendor will be held in confidence, and will beused for the sole purpose of evaluating a potential business relationship withthe Vendor.Terms of Reference (‘ToR’)3.2.1 Contract CommitmentThe Bank intends that the contract, which is contemplated herein with theVendor, shall be for a period of FIVE years post completion of pilot phase.3.2.2 Ownership, Grant and DeliveryThe Vendor shall procure and provide a non-exclusive, non-transferable,perpetual license to the Bank for all the software to be provided as a part ofthis project. The Bank can use the software at any of their branches andlocations without restriction and use of software by service providers onbehalf of the Bank would be considered as use thereof by the Bank and thesoftware should be assignable / transferable to any successor entity of theBank.The license shall specifically include rightA. To Use. (i) to use the executable code version of the Software and allEnhancements, Updates and New Versions made available from time to timeStrictly Confidential Main Document Page 44
RFP for TSCB Core Banking ProjectTender #:solely for business operations of the Bank; (ii) to use the ProgramDocumentation for purposes of installing or operating the Programs andsupporting the use of the Software by the Bank; (iii) to use the technicalTraining Materials for purposes of supporting Users.B. To Copy. (i) to copy the Software that operates on server systems tosupport the maximum number of Users (ii) to make additional copies of theProgram Material for archival, emergency back-up, testing, or disasterrecovery purposes; and (iii) to copy the Program Documentation to supportits Users.C. To work as interface: (i) to work with other Application Software packagesat the Bank as interface; (ii) to allow other application software packages atthe Bank to work as interfaces to the Software. If such interfacing requiresany modification or change to the Software, such modification or change hasto be carried out by the Vendor free of any additional License charge or feesor expenses.Delivery: The Vendor, at the time of installation shall deliver to the Bankrequired copies of the object code version of the Software and the associatedProgram Documentation including operation manual and training material.The Vendor, after customisation shall deliver to the Bank required copies ofthe object code version of the customised Software and the associatedProgram Documentation including operation manual and training material.The Vendor, after modifications, updates or new versions shall deliver to theBank required copies of the revised object code version of the latest Softwareand the revised associated Program Documentation including operationmanual and training material. The Program Documentation shall consist ofrequired number of User Manuals per branch/service centre/ office/ extensioncounter, Data Centre and Disaster Recovery Centre. The programdocumentation shall be supplied by the Vendor to the Bank both in hard copyform except where hard copies are not available and soft copy form (MS wordformat and HTML Browser format). The operational manual shall be providedby the Vendor under help menu in the software as dynamic onlinedocumentation / help files, wherever applicable. The object code version ofthe Software, executables and required run-time files shall be on CompactDisc or on any such media as desired by the Bank as may be applicable.D. The grant of license by the vendor herein shall be for processing theinternal business of the Bank or its permitted affiliates and does not, withoutlimitation, include the rights to reverse engineer, reverse compile or otherwisearrive at the source code of the Software nor does it include the rights to sell,lease, license, sublicense or otherwise transfer, convey or alienate thesoftware for commercial consideration to any person.(i) Except as specifically agreed by and between Vendor and Bank, theownership of all rights, title and interest, including without limitation, allpatents, copy right, trade secrets and any other form of intellectual propertyrights in and to software, any derivative works thereof and enhancementsthereto are and shall at all times remain with the vendor or its Licensors andbe the sole and exclusive property of the vendor or its Licensors. The Bankacknowledges and agrees that nothing contained in this Agreement shall beconstrued as conveying by the vendor or its licensor’s title or ownershipinterest in any licensed software or any derivative works thereof andenhancements thereto. Nothing contained herein shall be construed topreclude the vendor from owning, using, improving, marketing, includingwithout limitation, licensing to other persons any and all licensed software.Strictly Confidential Main Document Page 45
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Request for Proposal RFP - tripura state co-operative bank

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