RFP For Supply, Installation & Maintenance of Flash Storage
RFP For Supply, Installation & Maintenance of Flash Storage
RFP For Supply, Installation & Maintenance of Flash Storage
Request For Proposal for supply, installation & maintenance of Flash Storage
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RFP for supply, installation & maintenance of Flash Storage
Copyright Notice
Copyright© 2017 by National Payments Corporation of India. All rights reserved.
Disclaimer
The information contained in this Request for Proposal (RFP) document or information provided
subsequently to Bidder or applicants whether verbally or in documentary form by or on behalf of
National Payments Corporation of India (NPCI), is provided to the Bidder on the terms and
conditions set out in this RFP document and all other terms and conditions subject to which such
information is provided.
This RFP document is not an agreement and is not an offer or invitation by NPCI to any parties
other than the Bidders/ applicants who are qualified to submit the Bids (“Bidders”). The purpose of
this RFP document is to provide Bidder with information to assist the formulation of their Proposals.
This RFP document does not claim to contain all the information each Bidder may require. Each
Bidder should conduct its own investigations and analysis and should check the accuracy, reliability
and completeness of the information in this RFP document and where necessary obtain independent
advice. NPCI makes no representation or warranty and shall incur no liability under any law,
statute, rules or regulations as to the accuracy, reliability or completeness of this RFP document.
NPCI may in its absolute discretion, but without being under any obligation to do so, update, amend
or supplement the information in this RFP document.
Note: Bids will be opened in the presence of the Bidders' representatives who choose to attend Bid
opening meeting.
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Checklist
The following items must be checked before the Bid is submitted:
1. Demand Draft / Pay Order Rs. 11,800 (Rs Eleven thousand eight hundred only inclusive of
GST@18%) towards cost of Bid document in Envelope –„A‟
2. Demand Draft / Banker‟s Cheque / Bank Guarantee of INR 5,00,000/-(Rupee Five Lakhs only)
towards Bid Security in Envelope „A‟- Earnest Money Deposit (EMD)
3. Eligibility Criteria, Technical and Commercial Bids are prepared in accordance with the RFP
document.
7. All the pages of Eligibility Criteria Response, Technical Bid and Commercial Bid are duly sealed
and signed by the authorized signatory.
8. RFP document duly sealed and signed by the authorized signatory on each page is enclosed in
Envelope – „A‟.
10. All relevant certifications, audit reports, etc. are enclosed to support claims made in the Bid in
relevant Envelopes.
11. All the pages of documents submitted as part of Bid are duly sealed and signed by the
authorized signatory.
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CHECKLIST .............................................................................................................................................................. 3
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TABLE B: .............................................................................................................................................................. 34
TABLE B: .............................................................................................................................................................. 52
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The following abbreviations and acronyms defined in this RFP are as under
BG Bank Guarantee
DC Data Centre
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Head - IT Procurement
National Payments Corporation of India,
10 Name and Address for Communication Unit no. 202, 2nd Floor,
Raheja Titanium, CTS No. 201,
Western Express Highway,
Goregaon East, Mumbai 400 063
Note:
1. Bids will be opened in the presence of the Bidders' representatives who choose to attend.
2. Commercial evaluation will be through Reverse Auction.
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Section 2 - Introduction
2.1 About NPCI
National Payments Corporation of India (NPCI) is a Company registered under Section 25 of the
Companies Act, 1956 (corresponding to Section 8 of The Companies Act, 2013) with its Registered
Office in Mumbai, India. NPCI was promoted by 10 banks in India under the aegis of the Indian
Bank‟s Association with majority shareholding by Public Sector Banks. Presently 56 banks are
shareholders of NPCI. Out of which 19 are Public Sector Banks (PSB), 17 Private Sector Banks, 3
Foreign Banks, 7 Multi State Cooperative Banks and 10 Regional Rural Banks.
The vision, mission and values of NPCI are: Vision - To be the best payments network globally,
Mission - Touching every Indian with one or other payment services and to make our mission
possible, we live and work by five core values: Passion for Excellence, Integrity, Customer
Centricity, Respect and Collaboration.
The Bidder is requested to carefully examine the RFP documents and the terms and conditions
specified therein, and if there appears to be any ambiguity, contradictions, inconsistency, gap
and/or discrepancy in the RFP document, Bidder should seek necessary clarifications by e-mail as
mentioned in Section-1.
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1. The bidder should be a Company registered under the Companies Act since the last three years.
a) In case the Bidding Company is the result of a merger / acquisition, at least one of the
merging companies should have been in operation for at least 3 years as on date of submission
of the bid.
b) In case the Bidding Company is the result of a demerger / hiving off, at least one of the
demerged company or resulting company.
2. The bidder should have minimum annual turnover of Rs.80 Crores during the three financial
years i.e. 2014-15, 2015-16 and 2016-17 or calendar years 2014, 2015, 2016 or bidder‟s financial
years.
a. In case the Bidding Company is the result of a merger / acquisition, due consideration shall
be given to the past financial results of the merging entity for the purpose of determining the
net worth, minimum annual turnover and profit after tax for the purpose of meeting the
eligibility criteria; should the Bidding Company be in operation for a period of less than 3
years. For this purpose, the decision of NPCI will be treated as final and no further
correspondence will be entertained on this.
b. In case the Bidding Company is the result of a demerger / hiving off, due consideration shall
be given to the past financial results of the demerged company for the purpose of determining
the net worth, minimum annual turnover and profit after tax for the purpose of meeting the
eligibility criteria; should the Bidding Company be in operation for a period of less than 3
years. For this purpose, the decision of NPCI will be treated as final and no further
correspondence will be entertained on this.
3. The bidder should be a profit (profit after tax) making company in any one of the three
financial years i.e. 2014-15, 2015-16, 2016-17 or Calendar years 2014, 2015, 2016 or the
Bidder‟s financial years.
a) In case the Bidding Company is the result of a merger / acquisition, due consideration shall
be given to the past financial results of the merging entity for the purpose of determining the
net worth, minimum annual turnover and profit after tax for the purpose of meeting the
eligibility criteria; should the Bidding Company be in operation for a period of less than 3
years. For this purpose, the decision of NPCI will be treated as final and no further
correspondence will be entertained on this.
b) In case the Bidding Company is the result of a demerger / hiving off, due consideration shall
be given to the past financial results of the demerged company for the purpose of determining
the net worth, minimum annual turnover and profit after tax for the purpose of meeting the
eligibility criteria; should the Bidding Company be in operation for a period of less than 3
years. For this purpose, the decision of NPCI will be treated as final and no further
correspondence will be entertained on this.
4. The bidder should not be currently blacklisted by any bank / institution in India or abroad.
5. The bidder should be authorized by the OEM to quote their products and support.
6. An OEM may authorize only single bidder for the RFP. In the event of OEM bidding directly, the
OEM cannot be represented by any other bidder.
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The Bidder is expected to examine all instructions, forms, terms and conditions and technical
specifications in the Bidding document. Submission of a bid not responsive to the Bidding Document
in every respect will be at the Bidders risk and may result in the rejection of its bid without any
further reference to the bidder.
Bidders should submit the queries only in the format given below:
Additional
Sr. Document Page Clause Description in
Clarification Sought Remarks (if
No. Reference No No RFP
any)
Replies to all the clarifications, modifications received through mail and email will be posted on
NPCI‟s website. Any modification to the bidding documents which may become necessary shall be
made by NPCI by issuing an Addendum.
2. Amendments will be provided in the form of Addenda to the Bidding Documents, which will be
posted in NPCI‟s website. Addenda will be binding on Bidders. It will be assumed that the
amendments contained in such Addenda had been taken into account by the Bidder in its bid.
3. In order to afford Bidders reasonable time to take the amendment into account in preparing
their bids, NPCI may, at its sole and absolute discretion, extend the deadline for the submission
of bids, in which case, the extended deadline will be posted on NPCI‟s website.
4. From the date of issue, the Addenda to the tender shall be deemed to form an integral part of
the RFP.
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B. Preparation of Bid
5.6 Bid Price
Prices would be exclusive of all taxes, . The bidder shall meet the requirements of the applicable
Goods & Services Tax (GST).
EMDs furnished by all unsuccessful Bidders will be returned on the expiration of the bid validity /
finalization of successful Bidder, whichever is earlier.
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All pages of the bid, except for printed instruction manuals and specification sheets shall be
initialed by the person or persons signing the bid.
The bid shall contain no interlineations, erasures, or overwriting, except to correct errors made by
the Bidder, in which case such corrections shall be initialed by the person or persons signing the
Bid.
The bid shall be signed by a person or persons duly authorized to bind the bidder to the contract.
Such authority shall be either in the form of a written and duly stamped Power of Attorney
(Annexure H) or a Board Resolution duly certified by the Company Secretary, which should
accompany the Bid.
C. Submission of Bid
5.14 Envelope bidding process
The Bid shall be prepared in 3 different envelopes, Envelope A, Envelope B and Envelope C.
Each of the 3 Envelopes shall then be sealed and put into an outer envelope marked as “Request
for Proposal for supply, installation & maintenance of Flash Storage”.
The inner and outer envelopes shall be addressed to NPCI at the address mentioned in Section 1.
The inner envelopes shall indicate the name and address of the Bidder.
If the outer envelope is not sealed and marked as indicated, NPCI will assume no responsibility for
the bids misplacement or premature opening.
The following documents as per the sequence listed shall be inserted inside Envelope A:
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Bids sealed in accordance with the instructions to Bidders should be delivered at the address as
mentioned in the Section 1.
No columns of the tender should be left blank. Offers with insufficient/inaccurate information and
offers which do not strictly comply with the stipulations given in this RFP, are liable for rejection.
No bid shall be rejected at the time of bid opening including extensions, if any, except for late bids
and those that do not conform to bidding terms.
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NPCI does not bind itself to accept the lowest or any tender and reserves the right to reject all or
any bid or cancel the Tender without assigning any reason whatsoever. NPCI also reserves the right
to re-issue the Tender without the Bidders having the right to object to such re-issue.
Stage 1 – Envelope „A‟ i.e. Eligibility bid and Envelope „B‟ i.e. Technical bid will be evaluated.
Only those Bidders who have submitted all the required forms and papers and comply
with the eligibility and technical criteria will be considered for further evaluation.
Stage 2 -Envelope „C‟ of those Bidders who qualify the eligibility and technical criteria will be
evaluated further for finalizing the start price for Reverse Auction.
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Commercial evaluation will be done through Reverse Auction. Business Rules and Terms &
Conditions and Procedures of Reverse Auction have been published on NPCI‟s website i.e.
www.npci.org.in.
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Eligibility and compliance to all the forms and Annexure would be the first level of evaluation. Only
those Bids which comply to the eligibility criteria will be taken up for further technical evaluation.
NPCI may waive any minor informality, non-conformity or irregularity in a bid that does not
constitute a material deviation provided such waiver does not prejudice or affect the relative
ranking of any Bidder.
If a Bid is not substantially responsive, it will be rejected by NPCI and may not subsequently be
made responsive by the Bidder by correction of the nonconformity. NPCI‟s determination of bid
responsiveness will be based on the content of the bid itself. NPCI may interact with the Customer
references submitted by Bidder, if required.
b) NPCI reserves the right to call for presentation and discussions on the approach of execution of
project etc., from the short-listed Bidders based on the technical bids submitted by them to make
an evaluation. Such presentations and minutes of meetings will become part of the technical bid.
c) Review of written reply, if any, submitted in response to the clarification sought by NPCI, if any.
e) To assist in the examination, evaluation and comparison of bids, NPCI may, at its discretion, ask
any or all the Bidders for clarification and response shall be in writing and no change in the price or
substance of the bid shall be sought, offered or permitted.
f) NPCI may interact with the Customer references submitted by bidder, if required.
g) NPCI reserves the right to shortlist bidders based on technical evaluation criteria.
The technical evaluation will be based on the criteria and score given below:
The minimum score for qualifying Technical Evaluation will be 80. In case three bidders are not
qualified then NPCI reserves the right to reduce minimum required score by 10.
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Evaluation of commercial bids will be done through Reverse Auction Process. Business Rules and
Terms & Conditions and Procedures of Reverse Auction have been published on NPCI‟s website.
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Once the selected Bidder accepts the Notification of Award the selected Bidder shall furnish the
Performance Bank Guarantee to NPCI.
Within 5 days of receipt of Notification of Award/Purchase Order the successful Bidder shall
send the acceptance.
Failure of the successful Bidder to comply with the above requirements shall constitute
sufficient grounds for the annulment of the award.
The bidder shall meet the requirements of applicable Goods & Services Tax (GST).
Delivery of the Hardware & Software should be within 6 weeks from the date of receipt of Purchase
Order & implementation shall be completed within 6 weeks from the delivery of Hardware &
Software
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Chennai:
National Payments Corporation of India
C/o Reliance Communications Infrastructure Ltd,
Floor IDC Sha 1-A, Reliance House No.6,
Haddows Road, Nungambakkam Chennai - 600 006
Contact: Mr. M Ravi - 9962163390
For 250 TB storage: 1 set of modular nodes per site at Chennai & Hyderabad
(i) Delivery of hardware / software / services – in case of delivery of the deliverables earlier than
the stipulated delivery schedule as per the Purchase Order - 0.25% per week, for every week of
early delivery, with a maximum of 2.5%, of the Order value of the respective component, i.e.
hardware / software / services, as the case may be, provided the saving in delivery timeline / early
delivery is not less than 20% of the prescribed delivery schedule, otherwise incentive will not be
applicable. Vendors will not be eligible for any incentive if delivery happens as per the terms of the
PO.
(ii) Incentive will not be applicable in case the original delivery schedule is extended for any
reason.
(iii) Liquidated damages will continue to be levied for delays in delivery as per the terms of the PO,
if the delays are attributable to the vendors.
In case of delay in compliance with the order beyond 10 days of the stipulated time period, NPCI
will have the right to cancel the order.
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8.11 Warranties
The successful bidder shall provide comprehensive on-site warranty for 3 years for
Hardware/Software with back to back arrangements with the respective OEM from the date of
commissioning or acceptance of the entire system as per RFP.
During warranty, the successful Bidder will ensure the regular maintenance support as follows:
Successful Bidder will telephonically ascertain frequently about proper functioning of the hardware
/ software supplied.
Successful Bidder will depute an experienced engineer as and when required to visit the site and
advise the user / NPCI about various methods to ensure proper functioning of the system.
Successful Bidder will provide support for warranty period Same Day 4-hour (24X7) Onsite Response
(Parts + Labor).
Warranty includes part replacement /repairs within 4 hours of reporting, and Software support for
updates, upgrades, patches, and bug fixes for supplied s/w from OEM 24 x 7 x 365 days. In case of
Disk failure the faulty disk will be maintained /destroyed by NPCI. The proposed bidder will need to
ensure support of product & change of components at zero cost in case of any part becoming
obsolete.
The services manageability should be governed by the SLA terms and conditions
Bidder shall also update necessary OS, Patches and should support the hardware and the software
for the period of five years from the date of commissioning and/ or acceptance of the entire
system, whichever is later.
Any defective equipment /software supplied by successful shall be replaced as per the SLA terms,
including all incidental cost like transport costs, etc. without any further cost to NPCI The
upgrades, new releases (Minor/major) versions, bug fixes etc. for the hardware and system
software will be supplied to NPCI at no extra cost, with the necessary documentation during
contract period.
The bidder should submit proof such as contract ID/valid number for availing AMC support/getting
replacement from OEM. AMC amount will be released only after submission of such evidence.
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a) The basic system not operative partly or fully either due to break down or maintenance work
carried out by the vendor.
b) Any software component supplied by the vendor is inoperative which renders the entire system
useless for the user in executing on-line applications. At the end of every year, performance of the
vendor would be evaluated based on the total accumulated downtime occurred during the year.
8.15 Prices
Price shall remain fixed for a period of five (5) years from the date of Purchase Order. There shall
be no increase in price for any reason whatsoever and therefore no request for any escalation of
the cost / price shall be entertained.
During performance of the Contract, the bidder shall offer to NPCI all new versions, releases and
updates of standard software, as well as related technical support within 30 days of their
availability from the OEM.
AMC
AMC charges shall be paid quarterly in arrears after availing maintenance services.
Payment will be released within 30 days of receipt of correct invoices along with necessary
documents / certificates duly signed by authorized NPCI official.
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a) The Recurring Service Charges will be paid quarterly in arrears after submission of necessary
invoice and submission of quarterly reports including SLA and after deduction of penalties if
any.
b) For the purpose of payment, the end of the quarter will be June, Sept, Dec and March.
c) The quarterly bills for the solution should be submitted to NPCI within 10 days of the last day
of the relevant quarter.
d) Invoice shall contain all details regarding PAN & registration number for service tax, VAT etc.
8.20 Confidentiality
The Bidder shall treat the details of the documents as secret and confidential. The Successful
Bidder shall execute separate NDA on the lines of the draft provided in the Annexure Z hereof.
In the event of disclosure of Confidential Information to a third party in violation of the provisions
of this Clause, bidder shall use all reasonable endeavors to assist NPCI in recovering and preventing
such third party from using, selling or otherwise disseminating of such information.
The Parties‟ obligations under this Section shall extend to the non-publicizing of any dispute arising
out of this Agreement.
The terms of this clause shall continue in full force and effect for a period of five (5) years from the
date of disclosure of such Confidential Information.
In the event of termination of this Agreement, upon written request of the NPCI, the bidder shall
immediately return the Confidential Information of NPCI, or at the NPCI‟s option destroy any
remaining Confidential Information and certify that such destruction has taken place.
8.21 Indemnity
The bidder shall indemnify, protect and save NPCI and hold NPCI harmless from and against all
claims, losses, costs, damages, expenses, action suits and other proceedings, (including reasonable
attorney fees), relating to or resulting from any act or omission or negligence or misconduct of the
bidder and its employees and representatives, breach of the terms and conditions of the agreement
or purchase order, false statement by the bidder, employment claims of employees of the bidder,
third party claims arising due to infringement of intellectual property rights, death or personal
injury attributable to acts or omission of bidder, violation of statutory and regulatory provisions
including labour laws, laws related to information technology and intellectual property rights,
breach of confidentiality obligations, breach of warranty, etc.
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Indemnity would be limited to court or arbitration awarded damages and shall exclude indirect,
consequential and incidental damages and compensation. Bidder shall indemnify NPCI, provided
NPCI promptly notifies the Bidder in writing of such claims and the Bidder shall have the right to
undertake the sole defense and control of any such claim.
The Bidder‟s aggregate liability in connection with obligations undertaken under the purchase
order, regardless of the form or nature of the action giving rise to such liability (whether in
contract, tort or otherwise), shall be at actual and limited to the value of the contract/purchase
order.
The Bidder‟s liability in case of claims against NPCI resulting from willful and gross misconduct, or
gross negligence, fraud of the Bidder, its employees, contractors and subcontractors, from
infringement of patents, trademarks, and copyrights or other Intellectual Property Rights or breach
of confidentiality obligations shall be unlimited.
Prohibition of Conflicting Activities: The Bidder shall not engage and shall cause their personnel not
to engage in any business or professional activities that would come in conflict with the activities
assigned to them under this RFP.
c) Reverse transition mechanism would be activated in the event of cancellation of the contract or
exit by the bidders prior to expiry of time for awarding the final bid / the contract. The Bidder
should perform a reverse transition mechanism to NPCI or its selected vendor. The reverse
transition mechanism would facilitate an orderly transfer of services to NPCI or to an alternative
3rd party / vendor nominated by NPCI. Where NPCI elects to transfer the responsibility for
service delivery to a number of vendors, NPCI will nominate a service provider who will be
responsible for all dealings with the Bidder regarding the delivery of the reverse transition
services.
d) The reverse transition services to be provided by the Bidder shall include the following:
1. The Bidder shall suitably and adequately train NPCI or its designated team for fully and
effectively manning, operating the Storage Devices.
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3. The Bidder shall jointly manage the Storage Devices with NPCI or designated team for a
reasonable period of time
e) Knowledge Transfer: The Bidder shall provide such necessary information, documentation to
NPCI or its designee, for the effective management and maintenance of the Deliverables under
this RFP/Purchase Order/contract. Bidder shall provide documentation (in English) in electronic
form where available or otherwise a single hardcopy of all existing procedures, policies and
programs required for supporting the Services.
f) Warranties:
1. All the warranties held by or in the name of the bidder shall be assigned or transferred as-is, in
the name of NPCI. The bidder shall execute any and all such documents as may be necessary in
this regard.
2. The bidder shall return confidential information and will sign off and acknowledge the return of
such confidential information.
3. The bidder shall provide all other services as may be agreed by the parties in connection with
the reverse transition services. However, in case any other services, in addition to the above are
needed, the same shall be scoped and priced.
4. The bidder recognizes that considering the enormity of the assignment, the transition services
listed herein are only indicative in nature and the bidder agrees to provide all assistance and
services required for fully and effectively transitioning the services provided by the bidder under
the scope, upon termination or expiration thereof, for any reason whatsoever.
g) The rates for availing services during reverse transition period would be the same as payable
during the contract period for the respective services as contained and provided in this RFP.
h) During which the existing Bidder would transfer all knowledge, know-how and other things
necessary for NPCI or new bidder to take over and continue to manage the services. The Bidder
agrees that the reverse transition mechanism and support during reverse transition will not be
compromised or affected for reasons whatsoever is for cancellation.
i) NPCI shall have the sole and absolute discretion to decide whether proper reverse transition
mechanism over a period of 6 months, has been complied with. In the event of the conflict not
being resolved, the conflict will be resolved through Arbitration.
j) NPCI and the successful bidder shall together prepare the Reverse Transition Plan. However,
NPCI shall have the sole decision to ascertain whether such Plan has been complied with.
k) The Bidder agrees that in the event of cancellation or exit or expiry of the RFP/Purchase
Order/contract it would extend all necessary support to NPCI or its selected vendors as would be
required
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NPCI has right to place repeat order to the bidder for any resources mentioned in the Contract. The
contract shall be co-terminus with the Purchase orders issued unless extended by NPCI.
i. Delay in delivery is beyond the specified period as set out in the Purchase Order before
acceptance of the product; or,
iii. If a Bidder makes any statement or encloses any form which turns out to be false, incorrect
and/or misleading or information submitted by the bidder turns out to be incorrect and/or bidder
conceals or suppresses material information.
In case of order cancellation, any payments made by NPCI to the Bidder for the particular service
would necessarily have to be returned to NPCI with interest @ 15% per annum from the date of
each such payment. Further the Bidder would also be required to compensate NPCI for any direct
loss incurred by NPCI due to the cancellation of the Purchase Order and any additional expenditure
to be incurred by NPCI to appoint any other Bidder. This is after repaying the original amount paid.
For Insolvency: NPCI at any time may terminate the contract by giving written notice to Bidder, if
Bidder becomes bankrupt or insolvent. In this event, termination will be without compensation to
Bidder, provided that such termination will not prejudice or affect any right of action or remedy
that has accrued or will accrue thereafter to NPCI.
For Non-Performance: NPCI reserves its right to terminate the contract in the event of Bidder‟s
repeated failures (say more than 3 occasions in a calendar year to maintain the service level
prescribed by NPCI).
The Bidder agrees that it shall not be relieved of its obligations under the reverse transition
mechanism notwithstanding the termination of the assignment.
Same terms (including payment terms) which were applicable during the term of the contract
should be applicable for reverse transition services
The Bidder agrees that after completion of the Term or upon earlier termination of the
assignment the Bidder shall, if required by NPCI, continue to provide facility to NPCI at no less
favorable terms than those contained in this RFP. In case NPCI wants to continue with the
Bidder’s facility after the completion of this contract then the Bidder shall offer the same terms
to NPCI.
NPCI shall make such prorated payment for services rendered by the Bidder and accepted by
NPCI at the sole discretion of NPCI in the event of termination, provided that the Bidder is in
compliance with its obligations till such date. However, no payment for “costs incurred, or
irrevocably committed to, up to the effective date of such termination” will be admissible.
There shall be no termination compensation payable to the Bidder.
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NPCI may make payments of undisputed amounts to the Bidder for services rendered till the
effective date of termination. Termination shall be without prejudice to any other rights or
remedies NPCI may be entitled to hereunder or at law and shall not affect any accrued rights or
liabilities or either party nor the coming into force or continuation in force of any provision
hereof which is expressly intended to come into force or continue in force on or after such
termination.
Each of the parties agrees to give written notice forthwith to the other upon becoming aware of an
Event of Force Majeure, the said notice to contain details of the circumstances giving rise to the
Event of Force Majeure. If the Event of Force Majeure shall continue for more than twenty (20)
days either party shall be entitled to terminate the Agreement at any time thereafter without
notice.
Notwithstanding the provisions of the RFP, the successful bidder or NPCI shall not be liable for
penalty or termination for default if and to the extent that its delay in performance or other failure
to perform its obligations under the RFP/Purchase Order/contract is the result of Force Majeure.
For purposes of this clause, “Force Majeure” means an event beyond the control of the successful
bidder and not involving NPCI or the successful bidder’s fault or negligence and not foreseeable.
Such events may include, but not restricted to wars, revolutions, epidemics, natural disasters etc.
If force majeure situation arises, the successful bidder shall promptly notify NPCI in writing of such
condition and cause thereof. Unless otherwise directed by NPCI in writing, the successful shall
continue to perform its obligations under contract as far as possible.
Neither party shall have any liability to the other in respect of the termination of this Agreement as
a result of an Event of Force Majeure.
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NPCI and the successful Bidder shall make every effort to resolve amicably by direct informal
negotiation; any disagreement or dispute arising between them under or in connection with this
RFP.
If, however, NPCI and successful Bidder are not able to resolve them, following dispute resolution
mechanism shall be applied:
1. In case of Dispute or difference arising between NPCI and the successful Bidder relating to
any matter arising out of or connected with this RFP, such disputes or difference shall be
settled in accordance with the Arbitration and Conciliation Act, 1996. The arbitral tribunal
shall consist of 3 arbitrators, one each to be appointed by NPCI and the successful Bidder.
The third Arbitrator shall be chosen by mutual discussion between NPCI and the successful
Bidder.
2. Arbitration proceedings shall be held at Mumbai, and the language of the arbitration
proceedings and that of all documents and communications between the parties shall be
English;
3. The decision of the majority of Arbitrators shall be final and binding upon NPCI and
Successful Bidder. The cost and expenses of Arbitration proceedings will be paid as
determined by mutual chosen third Arbitrator. However, the expenses incurred by each
party in connection with the preparation, presentation, etc., of its proceedings as also the
fees and expenses paid to the arbitrator appointed by such party or on its behalf shall be
borne by each party itself; and
4. Where the value of the contract is Rs.1.00 Crore and below, the disputes or differences arising
shall be referred to the Sole Arbitrator. The Sole Arbitrator should be appointed by mutual
consent between the parties.
5. Any appeal will be subject to the exclusive jurisdiction of courts at Mumbai.
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RFP for supply, installation & maintenance of Flash Storage
The Bidder shall allow NPCI as well as regulatory authorities to verify books in so far as they relate
to compliance with the provisions of these Acts and shall provide on demand by NPCI & regulatory
authorities such documentary proof as may be necessary to confirm compliance in this regard. NPCI
shall not be responsible in any event to the employees of Bidder for any of their outstanding claims
or liability in that regard. NPCI shall not be responsible for any claim or demand made by such
personnel for their dues outstanding against Bidder. Bidder indemnifies and shall keep NPCI
indemnified from any of such claims/ losses/ damages and demands by any of its personnel, if any,
raised on NPCI.
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RFP for supply, installation & maintenance of Flash Storage
“Corrupt Practice” means the offering, giving, receiving or soliciting of anything of value,
pressurizing to influence the action of a public official or a NPCI official in the process of project
execution. NPCI will reject a proposal for award if it determines that the Bidder recommended
for award has engaged in corrupt or fraudulent practices in competing for, or in executing the
project.
Page 31 of 62