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related corrigenda, if any, will be of the bidders only.(ii)89.No separate intimation in respect of corrigendum to this NIT (if any) will be sent totenderer(s) who have downloaded the documents from website. Please see websitewww.mstcecommerce.com/eprochome/rbind of MSTC Ltd.E-tender cannot be accessed after the due date and time mentioned in NIT.Bidding in e-tendera) Bidder(s) need to submit necessary EMD, Tender fee (If ANY) and Transaction feeseparately for the e-tender. Tender fees and Transaction fees are non-refundable.No interest will be paid on EMD. EMD of the unsuccessful bidder(s) will be refundedby RBI, New Delhi immediately after award of work.b) The process involves Electronic Bidding for submission of Techno Commercial Bidas well as Price Bid.c) The bidder(s) who have submitted the above fees can only submit their TechnoCommercial Bids and Price Bid through internet in MSTC websitewww.mstcecommerce.com e-procurement PSU /Govt Depts RBI Login My menu Auction Floor Manager live event Selection of the live event Techno Commercial Bid.d) The bidder should allow to run an application namely En-apple by accepting the riskand clicking on run. This exercise has to be done twice immediately after reachingthe bid floor. If this application is not run, then the bidder will not be able tosave/submit his bid. (for details refer vendor guide & FAQ).e) First the vendor needs to fill up the Commercial specification if any and save it. Thenthe vendor should fill up the Techno-commercial bid. After filling the TechnoCommercial Bid, bidder should click ‘save’ for recording their Techno-Commercialbid. Once the same is done, the Price Bid link becomes active and the same has tobe filled up and then bidder should click on “save” to record their price bid. Then,once both the Techno-Commercial bid & price bid has been saved, the bidder canclick on the “Final Submission” button to register their bidNOTE: - After clicking the final submission, two more options will show up,“Withdraw bid” and “Delete bid”. If the vendor wants to withdraw its bidpermanently then they should click withdraw bid link. He/she will not be ableto bid again. If the vendor wants to delete the bid after final submission andre submit the bid then he/she should click delete bid and resubmit the sameand again click final submissionf)In all cases, bidder should use their own ID and Password along with DigitalSignature at the time of submission of their bid.g) During the entire e-tender process, the bidders will remain completely anonymous toone another and also to everybody else.h) The e-tender floor shall remain open from the pre-announced date & time and for asmuch duration as mentioned above.i) All electronic bids submitted during the e-tender process shall be legally binding onthe bidder. Any bid will be considered as the valid bid offered by that bidder andacceptance of the same by the Buyer will form a binding contract between the Buyerand the Bidder for execution of supply/work. Such successful tenderer shall be7

10.called hereafter VENDOR.j) It is mandatory that all bids are submitted with digital signature certificate otherwisethe same will not be accepted by the system.k) Buyer reserves the right to cancel or reject or accept or withdraw or extend thetender in full or part as the case may be without assigning any reason thereof.l) No deviation of the terms and conditions of the tender document is acceptable.Submission of bid in the e-tender floor by any bidder confirms his acceptance ofterms & conditions for the tender.m) Unit of Measure (UOM) is indicated in the e-tender Floor. Rate to be quoted shouldbe in Indian Rupee as per UOM indicated in the e-tender floor/tender document.Any order resulting from this open e-tender shall be governed by the terms and conditionsmentioned therein.11.No deviation to the technical and commercial terms & conditions are allowed.12.RBI, NEW DELHI has the right to cancel this e-tender or extend the due date of receipt ofbid(s) without assigning any reason thereof.13The online tender should be submitted strictly as per the terms and conditions andprocedures laid down in the website www.mstcecommerce.com/eprochome/rbind of MSTCLtd.14.The bidders must upload all the documents required as per terms of NIT. Any otherdocument uploaded which is not required as per the terms of the NIT shall not beconsidered.15The bid will be evaluated based on the filled-in technical & commercial formats.16.The documents uploaded by bidder(s) will be scrutinized. In case any of the informationfurnished by the bidder is found to be false during scrutiny, EMD of defaulting bidder(s) willbe forfeited. Punitive action including suspension and banning of business can also betaken against defaulting bidders.8

Section IIForm of TenderPlaceDateThe Regional Director,Information Technology Cell,Reserve Bank of IndiaNew Delhi – 110 001Dear Sir,Having examined the specifications and the list of IT assets relating to the works specified in thememorandum hereinafter set out and having examined the site of the works specified in the saidmemorandum and having acquired the requisite information relating thereto as affecting the tender,I/We hereby offer to execute the works specified in the said memorandum within the time specified inthe said memorandum at the quoted rates and in accordance and in all respects with thespecifications and instructions in writing referred to in the Article of Agreement, General Instructions& Special Conditions, Commercial Conditions, Detailed scope of works to the tenderers, list of ITassets and conditions of contract and for/ with such IT Assets as are provided for, by and in all otherrespects in accordance with such conditions so far as they may be applicable.MEMORANDUM(a)Description of works(b)Estimated cost of workAnnual Maintenance Contract (AMC) & FacilityManagement Service (FMS) for ComputerHardware, Software and Peripherals atReserve Bank of India, New Delhi 25.00 Lakh(c)Earnest Money Deposit (EMD) (d)Contract Period(e)Performance Bank guarantee50,000/- (Rupees Fifty Thousand only)deposited through NEFT in favour of ReserveBank of India, New Delhi in the A/c 186004001 &IFSC-RBIS0NDPA01 on or before the date givenin NIT. However, all MSE’s participating intendering process are exempt from payment ofEarnest Money Deposit.October 01, 2019 to June 30, 2022 subject toAnnual review10% of Contract Value2. Should this tender be accepted, I/We hereby agree to abide by and fulfill the terms and provisionsof the said Conditions of Contract annexed hereto so far as they may be applicable or in defaultthereof to forfeit and pay to the Reserve Bank of India the amount mentioned in the said conditions.3. We also agree that our tender will remain valid for acceptance by the Bank for 90 days from thedate of opening of Part- II of the tender and this period of validity can be extended for such period9

as may be mutually agreed between the Bank and us in writing. We also agree to keep the BankGuarantee towards Security Deposit, valid for the entire period of validity of tender.4. I/We understand that the Bank reserves the right to accept or reject any or all the tenders either infull or in part without assigning any reason there for.5. The Tender is in two parts, Part I contains all techno commercial terms and conditions and Part IIcontains only the price bid in the Bank's proforma.6. Our bankers are (full address):(i)(ii)The names of Directors of the Vendor are:Name of the Director of the Vendor authorizedto signORName of person having Power of Attorney tosign the Contract (certified true copy of thePower of Attorney should be attached)Yours faithfully,Signature of Vendor with seal:Address:Contact nos.:Signatures and addresses of witnesses:SignatureAddress(i)(ii)10

Section IIIArticles of AgreementARTICLES OF AGREEMENT made on the day ofbetween the Reserve Bank of India, New Delhi having its Central Office at Mumbai and(hereinafter called “theVendor”) of the other part.WHEREAS the Bank is desirous of “Annual Maintenance Contract (AMC) & FacilityManagement Service (FMS) for Computer Hardware, Software and Peripherals atReserve Bank of India, New Delhi” and has the specifications describing the works to bedone and prepared departmentally.AND WHEREAS the Specifications and the List of IT Assets have been signed by or on behalfof the parties hereto.AND WHEREAS the Vendor has agreed to execute upon and subject to the Conditions setforth herein and to the Conditions set forth in the Special Conditions and in the list of IT Assetsand Conditions of Contract (all of which are collectively hereinafter referred to as “the saidConditions”) the works described in the said Specification and included in the list of IT assetsat the Respective rate therein set forth amounting to the sum as therein arrived at or suchother sum as shall become payable there under (hereinafter referred to as “the said ContractAmount”).NOW IT IS HEREBY AGREED AS FOLLOWS1.In considerations of the said Contract Amount to be paid at the times and in the mannerset forth in the said Conditions, the Vendor shall upon and subject to the said Conditionsexecute the contract as described in the said Specifications and the List of IT Assets.2.The Bank shall pay the Vendor, the said Contract Amount or such other sum as shallbecome payable, at the times and in the manner specified in the said Conditions.3.The Bank will administer and directly arrange for supervision of works, certification ofbills, making payments and implementation of various terms, conditions and stipulations of thecontract.4.The said conditions and Appendix thereto shall be read and construed as forming partof this agreement, and the parties hereto shall respectively abide by, submit themselves to thesaid Conditions and perform the agreements on their part respectively in the said Conditionscontained.5.The plans, agreement and documents mentioned herein shall form the basis of thisContract.6.This Contract is neither a fixed Lump Sum Contract nor a Piece Work Contract but aContract to carry out the work in respect of the entire of the AMC & FMS for ComputerHardware, Software and Peripherals at Reserve Bank of India, New Delhi, to be paid foraccording to specified terms & conditions at the rate contained in the schedule of rates andprobable quantities or as provided in the said Conditions.11

7.The Vendor shall afford every reasonable facility for the carrying out of all worksrelating to “AMC & FMS for Computer Hardware, Software and Peripherals at Reserve Bank ofIndia, New Delhi” and other ancillary works in the manner laid down in the said conditions.8.The Bank reserves to itself the right of altering the requirements of the work by addingto or omitting any items of work or having portions of the same carried out without prejudice tothis contract.9.Time shall be considered as the essence of this Contract and the Vendor herebyagrees to commence the work w.e.f. October 01, 2019. The contract shall be in force for theperiod from 01/10/2019 to 30/06/2022, subject to annual review and shall cover all those itemsas specified in the Section VIII to this agreement. All the terms and conditions mentioned in theTender Notice will form part and parcel of this agreement.10.All payments by the Bank under this Contract will be made only at New Delhi. Thecharges after deducting penalty, if any, will be paid quarterly at the end of each Quarter. Taxesshall be paid as applicable. Taxes to be clearly shown in invoices raised. No advance paymentwill be released against the service order. The vendor shall submit GST invoices for paymentof quarterly maintenance charges to the Bank. The consolidated complaint reports furnishingthe details of department-wise breakdown, calls lodged/attended must be submitted for releaseof quarterly payment. The Quarterly Preventive Maintenance Report must be submitted forrelease of quarterly payment.11.CONTRACT VALIDITY AND TERMINATION OF AGREEMENTThis contract will be valid for the period from 01-10-2019 to 30-06-2022 subject to annualreview, on the same rates, terms and conditions on mutual consent. The vendor may terminatethe agreement prior to expiry of contract period by giving three months written notice. Withoutprejudice to any other provision contained within these Terms and Conditions or of Agreement,the Bank may terminate the Agreement by 30 days’ notice in writing in any of the followingevents:(i) The Vendor commits a material breach of the Agreement which is incapable of remedy; or(ii) The Vendor commits a material breach which is capable of remedy but which the Vendorfails to remedy within 30 days of written notice by the Bank specifying the event of default andrequiring its remedy.(iii) The Bank and the Vendor may by notice in writing to the other, terminate the Agreement.(iv) Any termination of this Agreement howsoever caused shall not affect any accrued rights orliabilities of either the Bank or the Vendor arising out of the Agreement.12.All disputes arising out of or in any way connected with this agreement shall bedeemed to have arisen at New Delhi and Courts in Delhi shall only have the jurisdiction todetermine the same.13.That all parts of this Contract have been read by the Vendor and fully understood bythe Vendor. The Vendor shall not be entitled for the payment for the quantities beyond thetendered quantities unless ordered for by specific written instructions from the Bank’scompetent authority.12

14.The Vendor shall not disclose directly or indirectly any information and details of theBank's IT Assets/ infrastructure/systems/equipment etc., which may come to the possession orknowledge of the Vendor during the course of discharging its contractual obligations inconnection with this agreement, to any third party and shall at all times hold the same instrictest confidence. The Vendor shall treat the details of the contract as private andconfidential, except to the extent necessary to carry out the obligations under it or to complywith applicable laws. The Vendor shall not publish, permit to be published, or disclose anyparticulars of the works in any trade or technical paper or elsewhere without the previouswritten consent of the Bank. The Vendor shall indemnify the Bank for any loss suffered by theBank as a result of disclosure of any confidential information. Failure to observe the aboveshall be treated as breach of contract on the part of the Vendor and the Bank shall be entitledto claim damages and pursue legal remedies. The Vendor shall take all appropriate actionswith respect to its employees to ensure that the obligations of non-disclosure of confidentialinformation under this agreement are fully met and satisfied. The Vendor's obligations withrespect to non-disclosure and confidentiality will survive till the expiry or termination of thisagreement for whatever reason.15.Sexual Harassment of Women at Work Place (Prevention, Prohibition andRedressal) Act, 2013: The contractor shall be solely responsible for full compliance with theprovisions of “the Sexual Harassment of women at work place (Prevention, Prohibition andRedressal) Act, 2013”. In case of any complaint of sexual harassment against its employeeswithin the premises of the Bank, the complaint will be filed before the Internal ComplaintsCommittee constituted by the Contractor and the Contractor Agency shall ensure appropriateaction under the said Act in respect of the complaints.b) Any complaint of sexual harassment from any aggrieved employee of the contractor againstany employee of the Bank shall be taken cognizance of by the Regional ComplaintsCommittee constituted by the Bank.c) The Contractor shall be responsible for any monetary compensation that may need to bepaid in case the incident involves the employees of the contractor, for instance any monetaryrelief to Bank’s employee, if sexual violence by the employee of the contractor is proved.d) The contractor shall be responsible for educating its employees about prevention of sexualharassment at work place and related issues.e) The contractor shall provide a complete and updated list of its employees who are deployedwithin the Bank’s premises.16.LIABILITIES & INDEMNITIES : The vendor represent and warrants that the repair andmaintenance of service/products do not violate or infringe upon any patent, copyright, tradesecret or other property right of any other entity. The vendor agrees to indemnify the Bank inrespect of any claim, directly or indirectly resulting from or arising out of any breach or claimedbreach of this warranty.17.The Vendor shall abide by and fulfil all statutory requirements laid down under theLabour laws.IN WITNESS WHEREOF the Bank has set its hands to these presents through its dulyauthorized official and the Vendor has caused its common seal to be affixed hereunto andthe said duplicate/ has caused these presents and the said two duplicates hereof to beexecuted on its behalf, the day and year first hereinabove written.13

Signature ClauseSIGNED AND DELIVERED by the Reserve bank of India by the hand ofShri(Name and designation)In the presence of(1)(2)AddressAddressWitnessSIGNED AND DELIVERED by In the presence of(1)(2)AddressAddressWitnessTHE COMMON SEAL OF was hereunto affixed pursuant to the resolutions passed by itsBoard of Directors at the meeting held on in the presence of(1)(2)Directors who have signed these presents in token thereof in the presence of(If the Vendor signs under its common seal, the signature clause should tally with the sealingclause in the Articles of Association)(1)(2)SIGNED AND DELIVERED BY the Vendor by the hand of Shriand duly constituted attorney.(If the Vendor is signing by hand of power of Attorney, whether a Vendor orindividual.)14

Section IVGeneral Instructions to Vendors and Special Conditions of Contract(To be read in relevance to e-tendering process only)1. Issue and Submission of Tender:Participation in this tender will be allowed to all Vendors in Public who fulfil all TechnoCommercial requirements as specified by the Bank in Section VII (Detailed scope of work) inrespect of the e-tender for “Annual Maintenance Contract (AMC) & Facility ManagementService (FMS) for Computer Hardware, Software and Peripherals at Reserve Bank ofIndia, New Delhi”. E-Tender for “Annual Maintenance Contract (AMC) & FacilityManagement Service (FMS) for Computer Hardware, Software and Peripherals atReserve Bank of India, New Delhi " shall be uploaded through MSTC website strictly inaccordance to the procedures prescribed in Section-I of this document & will be remain opento the tenderer for participa

Facility Management Service (FMS) for Computer Hardware, Software and Peripherals at Reserve Bank of India, New Delhi - Techno-Commercial Bid to IT Cell, RBI, 6, Parliament Street, ' . portal which is free of cost. Only after registration, the vendor(s) can submit his/their bids electronically. Electronic Bidding for submission of Techno .