5. RFP Terms & conditions
(a) Bidder warranties - By submitting a Response, bidder represents and warrants to Bank/Bank that, as at the date of submission:
- the Bidder has fully disclosed to Bank/Bank in its Responses all information which could reasonably be regarded as affecting in any way Bank/Bank’s evaluation of the Response;
- all information contained in the Bidder’s Response is true, accurate and complete
- and not misleading in any way;
- no litigation, arbitration or administrative proceeding is presently taking place, pending or to the knowledge of the Bidder threatened against or otherwise involving the Bidder which could have an adverse effect on its business, assets or financial condition or upon Bank & or Bank’s reputation if the Response is successful;
- the Bidder will immediately notify Bank and the Bank of the occurrence of any event, fact or circumstance which may cause a material adverse effect on the Bidder’s business, assets or financial condition, or Bank/Bank’s reputation or render the Bidder unable to perform its obligations under the Policy contract / Service level agreement, if any or have a material adverse effect on the evaluation of the responses by Bank/Bank; and
- the Bidder has not and will not seek to influence any decisions of Bank during the evaluation process or engage in any uncompetitive behavior or other practice which may deny legitimate business opportunities to other Bidders.
(b) Confidentiality - Bidder must keep confidential, any information received from or about the Bank as a result of or in connection with the submission of the Response. All information contained in the Response, or in subsequent communications shall be deemed confidential and may be used only in connection with the preparation of Bidder’s Response. Unless expressly agreed in writing, prior to submissions, responses are not confidential and may be used by the Bank in whole or part. Bank however, will not disclose the information provided by Bidder in a Response other than to its affiliates or to its professional advisors, unless required otherwise by any provisions of law. Additionally and at any point of the evaluation and selection process, Bank may require the Bidder to execute an NDA if the Bidder has not executed an NDA with the Bank previously.
(c) This RFP is not an offer to contract, nor should it be construed as such; it is a definition of specific Bank requirements and an invitation to recipients to submit a responsive proposal addressing such requirements. Bank & Bank reserves the right to make no selection and enter into no agreement as a result of this RFP.
(d) It should be understood that your response to this RFP constitutes an offer to do business on the terms stated in your response and that, should a contract be awarded to you, Bank/Bank may, at its option, incorporate all or any part of your response to this RFP in the contract. Bank/Bank reserves the right to accept your offer without further discussions and without any additional opportunity for you to amend, supplement or revise your submitted offer.
(e) Financial documents- Bank may request additional financial/business information from the Bidder at its discretion.
(f) Selection criteria- The selection criteria, inquiries, questions or information put forth in the Response are meant to be provided on the aforesaid and established through the details submitted by the bidder in the Bid.
(g) Termination/or suspension of evaluation process–Bank/Bank to suspend or terminate the Bidder evaluation process (in whole or in part) at any time in its absolute discretion and without liability to the Bidder or any third party. Bidders will be notified if any suspension or termination occurs but Bank & Bank is not obliged to provide any reasons.
(h) Other Rights- Without limiting its rights under any other clause of this evaluation process or at law, and without liability to the Bidder or any third party, Bank may at any stage of the evaluation process:
- Require additional information from a Bidder;
- Change the structure and timing of the evaluation process;
- Terminate further participation in the evaluation process by a Bidder;
- Vary or extend the timetable and evaluation process
(i) Responsibility for Costs- Bidder is responsible for all costs, expenses or liabilities incurred by them or on their behalf in relation to the evaluation process (including in relation to providing Bank with the response, the revised response or any additional information).
(j) Non-Reliance by Bidder- Bidder, by submitting a Response, acknowledges that:
- it does not rely on any information, representation or warranty, whether oral or in writing or arising from other conduct, other than that specified in this RFP or otherwise provided by Bank in writing;
- it has made its own inquiries as to regarding the risks, contingencies and other circumstances that may have an effect on the Bidder’s Response as well as the accuracy, currency or completeness of such information; and
- Information provided in its Responses are based on historical trends does not constitute a representation that such trends will continue into the future or occur again and nothing contained in its Response can be relied upon as a commitment, guarantee or representation regarding future events or performance.
(k) Bank‘s right to vary– Bank, in consultation with Bank, reserves the right to vary any aspect of this valuation process, without liability to Bidder. Where Bank varies any aspect of this evaluation process or the agreement, Bank/Bank shall notify the Bidder of that variation as far as possible.
(l) Incorporation of Responses into agreement- The successful Bidder as concluded by Bank/Bank shall sign a service level agreement. Bank and Bank will incorporate the successful Response of a successful Bidder in to the final service level agreement. Bank may require a successful Bidder to submit, before negotiation of the service level agreement, details of issues which may affect their ability to act as a Bidder.
(m) Precedence of Documents - If there is any inconsistency between the terms of this RFP and any of its appendices, schedules or attachments then, unless the contrary is explicitly stated in this RFP, the terms of the RFP will prevail to the extent of any inconsistency.
(m) Governing Laws & Dispute Resolution-The RFP and selection process shall be governed by and construed in accordance with the laws of India. Any dispute arising out of the RFP process shall be referred to arbitration under the Arbitration & Conciliation Act, 1996. The arbitral tribunal shall consist of one arbitrator - to be appointed by Bank. The venue of arbitration shall be Mumbai.
(n) The evaluation process as communicated earlier shall continue without any changes.
(o) In the event that you elect not to respond to this RFP, then the restrictions shall continue to apply to
the use or disclosure of the information. Additionally, Bidders must immediately return this document and certify in writing to Bank, that all copies have been returned to Bank, or destroyed.
(p) Communication in this regard, if any, may be addressed at the following address:
Kind Attention:
Chief Information Security Officer,
Jalore Nagrik Sahakari Bank Ltd.,
Head Office, Near Haridev Joshi Circle,
Jalore (Raj.) 343001
Mob.: 90798 06434