Capítulo III Metodología de la investigación
3.6 Análisis de Resultados
3.6.3 Entrevista a funcionarios de la empresa
3.6.3.4 Entrevista a Abg Angélica Rosado Cevallos
PROPOSAL
WHEREAS State Bank of India (SBI), having its Corporate Office at Nariman Point, Mumbai, and regional offices in other cities in India has invited Request for Proposal to develop, implement and support name of software solution/service on behalf of SBI, Associated Banks and subsidiaries vide its RFP No. ________ dated ________ on the terms and conditions mentioned in the RFP documents,
It is one of the terms of said Request for Proposal that the bidder shall furnish a Bank Guarantee for a sum of Rs. _______ (Rupees ______ only) as Earnest Money Deposit. M/s____________________ , (hereinafter called as bidder), who are our constituents intends to submit their bid for the said work and have requested us to furnish guarantee in respect of the said sum of Rs. ______ (Rupees ____ only).
NOW THIS GUARANTEE WITNESSETH THAT
We _______________________ (Bank) do hereby agree with and undertake to the State Bank of India, their Successors, assigns that in the event of the SBI coming to the conclusion that the bidder has not performed their obligations under the said conditions of the RFP or have committed a breach thereof, which conclusion shall be binding on us as well as the said bidder, we shall on demand by the SBI, pay without demur to the SBI, a sum of Rs. _____ (Rupees _____ only) that may be demanded by State Bank of India. Our guarantee shall be treated as equivalent to the Earnest Money Deposit for the due performance of the obligations of the bidder under the said conditions, provided, however, that our liability against such sum shall not exceed the sum of Rs. ____ (Rupees _____ lakhs only).
We also agree to undertake to and confirm that the sum not exceeding Rs. _____ (Rupees _____ lakhs only) as aforesaid shall be paid by us without any demur or protest, merely on demand from the SBI on receipt of a notice in writing stating the amount is due to them and we shall not ask for any further proof or evidence and the notice from the SBI shall be conclusive and binding on us and shall not be questioned by us in any respect or manner whatsoever. We undertake to pay the amount claimed by the SBI within 24 hours from the date of receipt of the notice as aforesaid. We confirm that our obligation to the SBI under this guarantee shall be independent of the agreement or agreements or other understandings between the SBI and the bidder. This guarantee shall not be revoked by us without prior consent in writing of the SBI. We hereby further agree that –
Any forbearance or commission on the part of the SBI in enforcing the conditions of the said agreement or in compliance with any of the terms and conditions stipulated in the said tender and/or hereunder or granting of any time or showing of any indulgence by the SBI to the bidder or any other matter in connection therewith shall not discharge us in any way our obligation under this guarantee. This guarantee shall be discharged only by the performance of the bidder of their obligations and in the event of their failure to do so, by payment by us of the sum not exceeding Rs. ______ (Rupees ___ only)
Our liability under these presents shall not exceed the sum of Rs. _______ (Rupees ____ only)
Our liability under this agreement shall not be affected by any infirmity or irregularity on the part of our said constituents in tendering for the said work or their obligations there under or by dissolution or change in the constitution of our said constituents.
This guarantee shall remain in force for a period of two year, provided that if so desired by the SBI, this guarantee shall be renewed for a further period as may be indicated by them on the same terms and conditions as contained herein.
Our liability under this presents will terminate unless these presents are renewed as provided herein up to three years or on the day when our said constituents comply with their obligations, as to which a certificate in writing by the SBI alone is the conclusive proof, whichever date is later. Unless a claim or suit or action is filed against us within six months from that date or any extended period, all the rights of the SBI against us under this guarantee shall be forfeited and we shall be released and discharged from all our obligations and liabilities hereunder.
Yours faithfully,
For and on behalf of
Signature and Seal of Authorized Official
(NB: This document will require Stamp Duty as applicable in the State, where it is executed and shall be signed by the official whose signature and authority shall be verified).
Annexure J Contract Agreement /SLA -Terms & Conditions
a) Licensing Requirements
Bidder is responsible for meeting all licensing requirement as part of service/ solution requested.
b) Charges & Payment terms
Payment will be disbursed on successful completion of each month of work and sign off from Bank for each resource for each month worked.
The bidder will be expected to provide a time sheet for each resource in a mutually agreed format and payment will be made monthly against each such timesheet.
The TDS, if applicable, will be deducted by the bank at the time of payment of invoices. The quoted prices and taxes & statutory levies such as Service Tax/ VAT, Sales Tax, Octroi etc. should be shown separately(Please specify both items of tax and rate of tax)
The fee quoted shall be quoted only in Indian Rupees and should be inclusive of all taxes except Service Tax/VAT, Sales Tax. The total cost of providing services mentioned under "Scope of Work" derived from above formats shall be considered for financial evaluation. In case of discrepancy between amount in words and figures, the former will prevail.
Bank will not pay any amount which is not quoted in above financial bid. There will be no additional payment for taxes, duties, octroi etc. There will be no additional payment to the bidder for anything related to movements / visits/ presentations / knowledge transfer by the bidder or its officials.
Bidder should ensure that exchange rate fluctuations, changes in import duty and other taxes should not affect the Rupee (INR) value of commercial Bid over the validity period of the bid and for a period of one year.
c) Project Duration
The project duration is for a period of two years and the quoted prices are expected to remain constant and fixed for a period of two years.
The project duration (engagement of resources) may be extended further beyond a period of two years by mutual agreement extending one year at a time and the prices in the case of extension will be worked out as under:
Prices During Engagement Period For initial period of 2
years (1st and 2nd Year)
3rd Year Subsequent Years
L1 price discovered through reverse auction process
(Price agreed for 1st & 2nd year) + 5% increment
Previous year’s price + 5% increment
d) Infringement
e) Limitation of Liability
For breach of any obligation mentioned in this agreement, subject to obligations mentioned in this clause, in no event Service Provider shall be liable for damages to the Bank arising under or in connection with this agreement for an amount exceeding the total amount payable by bank to the service provider during the last preceding year/half year/quarter<strike off whichever is inapplicable>.
Service provider will ensure Bank’s data confidentiality and shall be responsible for liability arising in case of breach of any kind of security and/or leakage of confidential customer/Bank’s related information to the extent of loss so caused.
The limitations set forth herein shall not apply with respect to:
(i) claims that are the subject of indemnification pursuant to IPR infringement,
(ii) damage(s) occasioned by the gross negligence, fraud or willful misconduct of Service Provider,
(iii) damage(s) occasioned by Service Provider for breach of Confidentiality Obligations,
(iv) When a dispute is settled by the Court of Law in India.
(v) Loss occasioned by Non-compliance of Statutory or Regulatory Guidelines.
f) Confidentiality g) Ownership
All information processed by Bidder during assessment and implementation of the services belongs to the Bank. By having the responsibility to implement the services, the Bidder does not acquire implicit access rights to the information or rights to redistribute the information. The Bidder understands that civil, criminal, or administrative penalties may apply for failure to protect information appropriately.
h) Periodic Review & Inspection
Specify the frequency and metrics/necessary criteria to review vendor performance/ financial stability/ service reliability/SLA
i) Project Support
The bidder will provide hand holding support to the officials of the bank for implementing the methodologies, processes and tools throughout the implementation stage.
j) Penalty
During project execution/implementation:
1% of penalty applicable for delay in project implementation / execution (per week /month)
Maximum penalty applicable is 10% of the total cost of the project. The penalty may be recovered from BG as per discretion of the Bank k) Termination
If the contract is terminated under any termination clause mentioned in this RFP, the Vendor should hand over all documents / source code / executable / Bank’s data/ resources or any other relevant information to the Bank in timely manner and in proper format as per scope of this RFP.
The vendor should also support the Bank on technical queries / support on process implementation or in case of software provision for future upgrades.
The Bank’s right to terminate a contract will be in addition to the penalties mentioned in the SLA/Contract.
Any cost to be incurred on termination or transitioning of service should be identified or if the cost cannot be quantified, a basis for arriving at the cost can be identified & agreed to in the contract.
Note: Any other specific termination condition may be included in the RFP l) Transition Requirement
In the event of failure of the Service Provider to render the Services or in the event of termination of agreement or expiry of term or otherwise, without prejudice to any other right, the Bank at its sole discretion may make alternate arrangement for getting the Services contracted with another vendor. In such case, the Bank shall give prior notice to the existing Service Provider. The existing Service Provider shall continue to provide services as per the terms of contract until a ‘New Service Provider’ completely takes over the work. During the transition phase, the existing Service Provider shall render all reasonable assistance to the new Service Provider within such period prescribed by the Bank, at no extra cost to the Bank, for ensuring smooth switch over and continuity of services. If existing vendor is breach of this obligation, they shall be liable for paying a penalty of Rs.5, 00,000.00 on demand to the Bank, which may be settled from the payment of invoices for the contracted period.
Annexure K Check list of Documents to be submitted as part of Response
The bids should be submitted in 2 (two) separate envelopes, one for Technical Bid (super scribed as “Technical bid for Providing resources to the PMO in the GITC and other for Financial Bid (super scribed as “Financial bid for Providing resources for PMO in the GITC). Envelope containing Technical Bid will in turn, contain four separate sealed envelopes, one containing details of eligibility criteria as per Annexure B & Annexure C of the RFP (super scribed as “Technical Bid - Eligibility Details”) and other containing complete technical Bid details. Third and fourth envelopes will contain a CD containing a soft copy of the above details separately. In the first stage, only the
envelope containing ‘Technical Bid - Eligibility Details’ will be opened and evaluated. (A)Envelope super scribed ‘Technical Bid – Eligibility Details’
a. Bid covering letter – Annexure A
b. Bid fee of Rs.10,000/- by way of Draft / Pay order in favour of State Bank of India payable in Mumbai
c. Eligibility Criteria – Annexure B
d. Bidder Information – Annexure D
The Bidder should have relevant experience of conducting similar consulting assignments globally for banks and financial institutions and should have implemented at least one similar project for large bank/FI
e. Certificate of Incorporation
f. Certificate of Business Commencement
g. Copy of Audited Balance Sheet and / or Certificate of the Chartered Accountant for preceding two years.
h. Letter from clients / copy of engagement letter / contracts.
i. Letter of declaration on black listing / barred / disqualification by regulatory / statutory authorities
j. EMD amount with EMD letter as per Annexure I
k. Compliance Statement as per Annexure G
a. Technical Bid as per Annexure C
b. Bidders Organisation and Experience Details as per Exhibit-I
c. Team Composition as per Exhibit-II
d. Curriculum Vitae as per Exhibit-III
e. Technical Evaluation Criteria as per Exhibit-IV and relevant enclosures.
f. Comments on Counterpart Staff and Facilities as per Exhibit-V.
g. All other details as per RFP to be considered for Technical evaluation
(C) Envelope super scribed ‘Financial Bid’ Financial bid details as per Annexure F.
Exhibit- I: BIDDER’S ORGANIZATION AND EXPERIENCE
A - Bidder’s Organization
[Provide here a brief two pages description of the background and organization of your firm/entity and each associate for this assignment.]
B - Bidder’s Experience
[Using the format below, provide information on each assignment during last 5 years for which your firm, and each associate for this assignment, was legally contracted either individually as a corporate entity or as one of the major companies within an association, for carrying out consulting services similar to the ones requested under this assignment.]
Engagement name Country:
Location within country: Name of Client:
Start date month/year: Completion date month/year:
Name of associated Consultants, if any:
Narrative description of Project:
Description of actual services provided by your staff within the engagement:
Team composition must continue till the completion of the project
Name Firm Area expertise of Present position Task proposed
Exhibit- III: CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF (Use separate sheets for each proposed staff)
(Use separate sheets for each of proposed staff)
1. Proposed Position [only one candidate shall be nominated for each position]:
2. Name of Firm [Insert name of firm proposing the staff]:
3. Name of Staff [Insert full name]:
4. Date of Birth: Nationality:
5. Education [Indicate college/university and other specialized education of staff member, giving names of institutions, degrees obtained, and dates of obtainment]:
6. Membership of Professional Associations:
7. Other Training [Indicate significant training since degrees under 5 - Education were obtained]:
8. Countries of Work Experience: [List countries where staff has worked in the last ten years]:
9. Languages [For each language indicate proficiency: good, fair, or poor in speaking, reading, and writing]:
10. Employment Record [Starting with present position, list in reverse order every employment held by staff member since graduation, giving for each employment see format here below: dates of employment, name of employing organization, positions held.]:Positions held:
11. Detailed Tasks Assigned
12. Work Undertaken that Best Illustrates capability to Handle Tasks Assigned
b) Among the assignments in which the staffs have been involved, indicate the following information for those assignments that best illustrate staff capability to handle the tasks listed under point 11.]
i. Name of assignment or project:
ii. Year:
iii. Location:
iv. Client:
v. Main project features:
vi. Positions held:
vii. Activities performed: