Bid Number/बोली मांक ( बड सं या) :

GEM/2024/B/5155490
Dated/ दनांक : 12-07-2024

Bid Document/ बड द तावेज़

Bid Details/ बड ववरण

Bid End Date/Time/ बड बंद होने क तार ख/समय 02-08-2024 20:00:00

Bid Opening Date/Time/ बड खुलने क

02-08-2024 20:30:00
तार ख/समय

Bid Offer Validity (From End Date)/ बड पेशकश

45 (Days)
वैधता (बंद होने क तार ख से)

Ministry/State Name/मं ालय/रा य का नाम Ministry Of Finance

Department Name/ वभाग का नाम Department Of Financial Services

Organisation Name/संगठन का नाम National Bank For Financing Infrastructure And Dev

Office Name/कायालय का नाम Greater Mumbai

Total Quantity/कुल मा ा 200

Microsoft M365 E5 Licenses customised features with

Item Category/मद केटे गर
implementation and maintenance support

Minimum Average Annual Turnover of the

bidder (For 3 Years)/ बडर का यूनतम औसत 35 Lakh (s)
वा षक टनओवर (3 वष का)

Years of Past Experience Required for

same/similar service/उ ह ं/समान सेवाओं के िलए 3 Year (s)
अपे त वगत अनुभव के वष

MSE Exemption for Years of Experience and

No
Turnover/ अनुभव के वष से एमएसई छूट

Startup Exemption for Years of Experience

No
and Turnover/ अनुभव के वष से टाटअप छूट

Experience Criteria,Past Performance,Bidder

Turnover,Certificate (Requested in ATC),OEM Authorization
Certificate,Additional Doc 1 (Requested in ATC),Additional
Document required from seller/ व े ता से मांगे Doc 2 (Requested in ATC),Additional Doc 3 (Requested in
ATC),Additional Doc 4 (Requested in ATC)
गए द तावेज़ *In case any bidder is seeking exemption from Experience /
Turnover Criteria, the supporting documents to prove his
eligibility for exemption must be uploaded for evaluation by
the buyer

Past Performance/ वगत दशन 30 %

Bid to RA enabled/ बड से रवस नीलामी स य कया No

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 Bid Details/ बड ववरण

Type of Bid/ बड का कार Two Packet Bid

Time allowed for Technical Clarifications

during technical evaluation/तकनीक मू यांकन के 2 Days
दौरान तकनीक प ीकरण हे तु अनुमत समय

Inspection Required (By Empanelled

Inspection Authority / Agencies pre- No
registered with GeM)

Evaluation Method/मू यांकन प ित Total value wise evaluation

EMD Detail/ईएमड ववरण

Advisory Bank/एडवाईजर बक State Bank of India

EMD Amount/ईएमड रािश 100000

ePBG Detail/ईपीबीजी ववरण

Required/आव यकता No

(a). EMD EXEMPTION: The bidder seeking EMD exemption, must submit the valid supporting document for the
relevant category as per GeM GTC with the bid. Under MSE category, only manufacturers for goods and Service
Providers for Services are eligible for exemption from EMD. Traders are excluded from the purview of this
Policy./जेम क शत के अनुसार ईएमड छूट के इ छुक बडर को संबंिधत केटे गर के िलए बड के साथ वैध समिथत द तावेज़ तुत करने है ।
एमएसई केटे गर के अंतगत केवल व तुओं के िलए विनमाता तथा सेवाओं के िलए सेवा दाता ईएमड से छूट के पा ह। यापा रय को इस नीित के
दायरे से बाहर रखा गया है ।

(b). EMD & Performance security should be in favour of Beneficiary, wherever it is applicable./ईएमड और संपादन
जमानत रािश, जहां यह लागू होती है , लाभाथ के प म होनी चा हए।

Beneficiary/लाभाथ :
Vice President - I.T.
National Bank for Financing Infrastructure and Development (NaBFID) The Capital, A Wing, 15th Floor- 1503, G
Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400051
(N Prashant)

Splitting/ वभाजन

Bid splitting not applied/बोली वभाजन लागू नह ं कया गया.

MII Purchase Preference/एमआईआई खर द वर यता

MII Purchase Preference/एमआईआई खर द वर यता No

Details of the Competent Authority for MII

2 / 16
 Name of Competent Authority NA

Designation of Competent Authority NA

Office / Department / Division of Competent

NA
Authority

CA Approval Number NA

Competent Authority Approval Date 06-06-2024

Brief Description of the Approval Granted by AS PER REQUEST FOR PROPOSAL (RFP) EXEMPTED FROM
Competent Authority MAKE IN INDIA COMPLIANCE

Competent Authority Approval for not opting Make In India Preference : View Document

MSE Purchase Preference/एमएसई खर द वर यता

MSE Purchase Preference/एमएसई खर द वर यता Yes

1. The minimum average annual financial turnover of the bidder during the last three years, ending on 31st
March of the previous financial year, should be as indicated above in the bid document. Documentary evidence in
the form of certified Audited Balance Sheets of relevant periods or a certificate from the Chartered Accountant /
Cost Accountant indicating the turnover details for the relevant period shall be uploaded with the bid. In case the
date of constitution / incorporation of the bidder is less than 3-year-old, the average turnover in respect of the
completed financial years after the date of constitution shall be taken into account for this criteria.
2. Experience Criteria: In respect of the filter applied for experience criteria, the Bidder or its OEM {themselves or
through reseller(s)} should have regularly, manufactured and supplied same or similar Category Products to any
Central / State Govt Organization / PSU for number of Financial years as indicated above in the bid document
before the bid opening date. Copies of relevant contracts to be submitted along with bid in support of having
supplied some quantity during each of the Financial year. In case of bunch bids, the category of primary product
having highest value should meet this criterion.
3. Purchase preference will be given to MSEs having valid Udyam Registration and whose credentials are
validated online through Udyam Registration portal as defined in Public Procurement Policy for Micro and Small
Enterprises (MSEs) Order, 2012 dated 23.03.2012 issued by Ministry of Micro, Small and Medium Enterprises and
its subsequent Orders/Notifications issued by concerned Ministry. If the bidder wants to avail themselves of the
Purchase preference, the bidder must be the manufacturer / OEM of the offered product on GeM. Traders are
excluded from the purview of Public Procurement Policy for Micro and Small Enterprises and hence resellers
offering products manufactured by some other OEM are not eligible for any purchase preference. In respect of bid
for Services, the bidder must be the Service provider of the offered Service. Relevant documentary evidence in
this regard shall be uploaded along with the bid in respect of the offered product or service and Buyer will decide
eligibility for purchase preference based on documentary evidence submitted, while evaluating the bid. If L-1 is
not an MSE and MSE Seller (s) has / have quoted price within L-1+ 15% (Selected by Buyer) of margin of
purchase preference /price band defined in relevant policy, such MSE Seller shall be given opportunity to match
L-1 price and contract will be awarded for 25% (selected by Buyer) percentage of total quantity. The buyers are
advised to refer the OM No. F.1/4/2021-PPD dated 18.05.2023 OM_No.1_4_2021_PPD_dated_18.05.2023 for
compliance of Concurrent application of Public Procurement Policy for Micro and Small Enterprises Order, 2012
and Public Procurement (Preference to Make in India) Order, 2017. Benefits of MSE will be allowed only if seller is
validated on-line in GeM profile as well as validated and approved by Buyer after evaluation of documents
submitted.
4. Past Performance: The Bidder or its OEM {themselves or through re-seller(s)} should have supplied same or
similar Category Products for 30% of bid quantity, in at least one of the last three Financial years before the bid
opening date to any Central / State Govt Organization / PSU. Copies of relevant contracts (proving supply of
cumulative order quantity in any one financial year) to be submitted along with bid in support of quantity
supplied in the relevant Financial year. In case of bunch bids, the category related to primary product having
highest bid value should meet this criterion.

Pre Bid Detail(s)

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Pre-Bid Date and Time Pre-Bid Venue

22-07-2024 17:00:00 Link for the VC would be uploaded on NaBFID website on 20th July, 2024.

Microsoft M365 E5 Licenses Customised Features With Implementation And

Maintenance Support ( 200 pieces )

Technical Specifications/तकनीक विश याँ

Buyer Specification
Download
Document/ े ता विश द तावेज़

Consignees/Reporting Officer/परे षती/ रपो टग अिधकार and/ तथा Quantity/मा ा

Consignee
S.No./ . Reporting/Officer/ Delivery Days/ डलीवर के
परे षती/ रपो टग Address/पता Quantity/मा ा
सं. दन
अिधकार

400051,SIDBI Building,
Swavalamban Bhavan, 7th
1 N Prashant 200 15
Floor,C 11, G Block, Bandra
Kurla Complex, Bandra East,

Buyer added Bid Specific Additional Scope of Work

S.No. .सं Applicable/ रवस भार के अनुसार

Document Title Description
. जीएसट i.r.o. Items

As per RFP Microsoft M365 E5 Licenses

Customised Features With
1 As per RFP
View Implementation And Maintenance
Support(200)

The uploaded document only contains Buyer specific Additional Scope of Work and / or Drawings for the bid items added
with due approval of Buyer’s competent authority. Buyer has certified that these additional scope and drawings are
generalized and would not lead to any restrictive bidding.

Buyer Added Bid Specific Terms and Conditions/ े ता ारा जोड़ गई बड क वशेष शत

1. Generic

OPTION CLAUSE: The Purchaser reserves the right to increase or decrease the quantity to be ordered up
to 25 percent of bid quantity at the time of placement of contract. The purchaser also reserves the right to
increase the ordered quantity by up to 25% of the contracted quantity during the currency of the
contract at the contracted rates. Bidders are bound to accept the orders accordingly.

2. Buyer Added Bid Specific ATC

4 / 16
 Buyer uploaded ATC document Click here to view the file .

3. Buyer Added Bid Specific ATC

Buyer Added text based ATC clauses

1. Provision to procure additional 50 licenses (25%) du

ring the contract period as and when required at the
contracted rate.
2. Scope of Work:
1. Delivery of Microsoft E 5 licenses with all the applicable component lic
ensing which includes, but not limited to, M 365 apps, Calendar & sche
duling, Content
services, CASB, Data Leakage Prevention (Email, Files, Endpoints), Info
rmation classification & protection, Identity & access management, En
dpoint & application management / control, Endpoint posture assessm
ent, Extended detection & response, Sandboxing, Threat intelligence,
Threat protection, Security & compliance and Windows operating syste
m.
2. Implementation of M E5 components / features ( as mentioned above)
as per the requirement of the Bank during the project period.
3. Configuration & deployment of various security components and feat
ures of M E5 package, which includes, but not limited to, configuration
& deployment of group policies /rules for Windows & M 365 apps, MDM
& MAM, Defender components, Windows update/patching, Data Leaka
ge Prevention , Information classification & protection, Rule based auto
matic detection, EDR, Application control etc.
4. Configuration of Azure Active Directory & integration of endpoints wit
h the Active Directory
5. Generation and submission of various reports from M 365 console & t
aking remedial action to the identified gaps
6. Gap identifications and fine tuning of rules/group policies from time to
time.
7. Creation & delivery of Standard Operating Procedures (SOPs) related
to various components/features/ rules/group policies etc.
8. Knowledge Transfer sessions on configurations/ deployments/ operati
ons of various components/features of the solution to Bank & third-part
y resources engaged by the Bank.

3. Terms & Conditions:

5 / 16
1. The mentioned Total cost should be inclusive of one year Support and maintenance cost (24x7x365)
and GST. Either OEM support/End to End support-(Online/Offline)

2. Clear understanding: When a Bidder submits his/her tender in response to this tender, he/she will be
deemed to have understood fully about requirements including of the items after SITC and maintenan
ce support terms and conditions. No claim from Bidder shall be entertained whatsoever on the plea t
hat the Bidder did not have a clear idea on any particular problem / issue related to any items listed
above and or a clause of the tender.

3. Bids documents to be submitted through GeM portal only.

4. Successful vendor has to execute NDA & SLA within 15 days of issuance of Purchase/Contract Order.

5. The Contract shall be interpreted in accordance with the laws of the Union of India and shall be subje
cted to the exclusive jurisdiction of courts at Mumbai.

6. Sub-contracting is not permitted.

7. Exemption of EMD

Micro & Small Enterprises (MSE) units and Start-ups* are exempted from p
ayment of EMD provided the products and/or services they are offering, are
manufactured and/or services rendered by them. Exemption as stated abo
ve is not applicable for selling products and/or services, manufactured/ ren
dered by other companies.

Bidder should submit supporting documents issued by competent Govt. bo

dies to become eligible for the above exemption.
Bidders may please note:

NSIC certificate/ Udyog Aadhar Memorandum/Udyam Registration Certificate should cover the item
s tendered to get EMD exemptions. Certificate/ Memorandum should be valid as on due date / exte
nded due date for Bid submission.

“Start-up” company should enclose the valid Certificate of Recognition issued by Department for P
romotion of Industry and Internal Trade (DPIIT), (erstwhile Department of Industrial Policy and Pro
motion), Ministry of Commerce & Industry, Govt. of India with the technical bid.

*Start-ups which are not under the category of MSE shall not be eligible for exemption.

Bidder who solely on its own, fulfils each eligibility criteria condition as per the RFP terms and conditi
ons and who are having MSE or Start-up company status, can claim exemption for EMD.

If all these conditions are not fulfilled or supporting documents are not submitted with the technical
Bid, then all those Bids without EMD will be summarily rejected and no queries will be entertained.

8. NaBFID’s right to accept any bid and to reject any or all Bids
NaBFID reserves the right to accept or reject any Bid in part or in full or t
o cancel the bidding process and reject all Bids at any time prior to contr
act award, without incurring any liability to the affected Bidder or Bidder

6 / 16
 s or any obligation to inform the affected Bidder or Bidders of the ground
s for NaBFID’s action.

9. Right to Verification

NaBFID reserves the right to verify any or all of the statements made by
the Bidder in the Bid document and to inspect the Bidder’s facility, if nec
essary, to establish to its satisfaction about the Bidder’s capacity/capabili
ties to perform the job. The Bidder to extend all necessary assistance in t
his regard, failing which NaBFID reserves the right to reject the Bid.

10. Confidentiality
Confidentiality obligation shall be as per Non-disclosure Agreement pl
aced as Appendix-E to this RFP. NaBFID reserves its right to recall all
NaBFID’s materials including confidential information, if stored in Serv
ice Provider system or environment, at any time during the term of th
e Contract or immediately upon expiry or termination of Contract. Ser
vice Provider shall ensure complete removal of such material or data f
rom its system or environment (including backup media) to the satisfa
ction of NaBFID.

11. Service Provider’s Obligation

a) Service Provider is responsible for and obliged to conduct all contrac

ted activities in accordance with the Contract using state-of-the-art m
ethods and economic principles and exercising all means available to
achieve the performance specified in the Contract. It will also ensure t
hat any change in its constitution, ownership or any material incident
having a bearing on its performance obligation towards NaBFID will be
immediately brought to the notice of NaBFID along with an action plan
to cure deficiencies, if any, arising therefrom.

b) Service Provider is obliged to work closely with NaBFID’s staff, act wi

thin its own authority and abide by directives issued by NaBFID from
time to time and complete implementation activities.

c) Service Provider will abide by the job safety measures prevalent in In

dia and will free NaBFID from all demands or responsibilities arising fr
om accidents or loss of life, the cause of which is Service Provider’s ne
gligence. Service Provider will pay all indemnities arising from such
incidents and will not hold NaBFID responsible or obligated.

7 / 16
 d) Service Provider is responsible for activities of its personnel and will
hold itself responsible for any misdemeanours.

e) Service Provider shall treat as confidential all data and information a

bout NaBFID, obtained in the process of executing its responsibilities,
in strict confidence and will not reveal such information to any other p
arty without prior written approval of NaBFID as explained under ‘Non
-Disclosure Agreement’ in Appendix-E of this RFP.

f) Without NaBFID’s prior written permission, Service Provider shall not

store or share NaBFID’s materials including confidential information o
utside the geographical boundary of India or in/with a public cloud.

g) Service Provider agrees that it shall communicate to NaBFID well in

advance along with detail plan of action, if any changes in Service Pro
vider’s environment / infrastructure is of the nature that may have dir
ect or indirect impact on the Services provided under the Contract or
operations of its Services.

h) Service Provider shall ensure confidentiality, integrity, and availabilit

y of NaBFID’s information at all times.

12. Liquidated Damages

If the Service Provider fails to deliver and/or perform any or all the Services
within the stipulated time, schedule as specified in this RFP/Contract, NaBFID
may, without prejudice to its other remedies under the RFP/Contract, and unl
ess otherwise extension of time is agreed upon without the application of liqu
idated damages, deduct from the Project Cost, as liquidated damages a sum
equivalent to 0.5% of total Project Cost for delay of each week or part thereo
f. The maximum amount that may be levied by way of penalty shall not exce
ed 10% of the Total Project Cost. Once the maximum deduction is reached, N
aBFID may consider termination of the Agreement.

13. Modification and Withdrawal of Bids

a) The Bidder may modify or withdraw its Bid after the Bid’s submission

8 / 16
 , provided modification, including substitution or withdrawal of the Bid
s, is received by NaBFID, prior to the deadline prescribed for submissi
on of Bids.
b) No modification in the Bid shall be allowed, after the deadline for sub
mission of Bids.
c) No Bid shall be withdrawn in the interval between the deadline for su
bmission of Bids and the expiration of the period of Bid validity specifi
ed in this RFP. Withdrawal of a Bid during this interval may result in a
ppropriate action as per the terms of this RFP.

14. Period of Bid Validity

a) Bid shall remain valid for a duration of 90 calendar days from Bid sub
mission date or as may be extended.
b) In exceptional circumstances, NaBFID may solicit the Bidders’ conse
nt to an extension of the period of validity. The request and the respo
nses thereto shall be made in writing. A Bidder is free to refuse or not
respond to the request. However, any extension of validity of Bids will
not entitle the Bidder to revise / modify the Bid document.

15. Rejection of Bid

The Bid is liable to be rejected if:

i. The document does not bear the signature of authorized person in

each page and duly stamped.
ii. It is received after expiry of the due date and time stipulated for Bi
d submission.
iii. Incomplete bids, including non-submission or non-furnishing of req
uisite documents / Conditional Bids / Bids not conforming to the terms
and conditions stipulated in this Request for proposal (RFP) are liable f
or rejection by the Bank.
iv. It is evasive or contains incorrect information.
v. Any form of canvassing / lobbying /influence/ query regarding short
listing, status etc. will be a disqualification.
vi. Bidder should comply with all the points mentioned in the scope of
work, technical specifications and all other clauses of RFP. Non-compli
ance of any point will lead to rejection of the bid.
vii. Non-submission of bid security/EMD/Integrity Pact (IP).

9 / 16
16. Contacting NaBFID
i. No Bidder shall contact NaBFID on any matter relating to its Bid, fro
m the time of opening of Technical Bid to the time the vendors are em
panelled.
ii. Any effort by a Bidder to influence NaBFID in its decisions on Bid eval
uation, bid comparison, or contract award may result in the rejection
of the Bid.

17. Delay in Service Provider’s Performance

If at any time during performance of the Contract, Service Provider sho
uld encounter conditions impeding timely delivery of the Services,
Service Provider shall promptly notify NaBFID in writing of the fact of th
e delay, its likely duration and cause(s). As soon as practicable after rec
eipt of Service Provider’s notice, NaBFID shall evaluate the situation an
d may, at its discretion, extend Service Providers’ time for performance
, in which case, the extension shall be ratified by the parties by amend
ment of the Contract.

Any delay in performing the obligation/ defect in performance by S

ervice Provider may result in imposition of penalty, liquidated dam
ages and/or termination of Contract (as laid down elsewhere in thi
s RFP document).

18. Conflict of Interest

Bidder shall not have a conflict of interest (the “Conflict of Interes

t”) that affects the bidding process. Any Bidder found to have a Co
nflict of Interest shall be disqualified. In the event of disqualificati
on, NaBFID shall be entitled to forfeit and appropriate the EMD/ Se
curity Deposit (as may be highlighted in the RFP), as mutually agr
eed upon genuine estimated loss and damage likely to be suffered
and incurred by NaBFID.

19. Code of Integrity

The Bidder and their respective officers, employees, agents and advisers sh
all observe the highest standard of ethics during the bidding process. Notwit
hstanding anything to the contrary contained herein, NaBFID shall reject Bid
without being liable in any manner whatsoever to the Bidder if it determines
that the Bidder has, directly or indirectly or through an agent, engaged in co

10 / 16
 rrupt/fraudulent/coercive/undesirable or restrictive practices in the bidding p
rocess.

Bidders are obliged under this clause to Suo-moto proactively declare any co
nflicts of interest (pre-existing or as and as soon as these arise at any stage)
in RFP process or execution of Contract. Failure to do so would amount to vio
lation of this code of integrity.

Any Bidder needs to declare any previous transgressions of such a code of in

tegrity with any entity in any country during the last three years or of being
debarred by any other procuring entity. Failure to do so would amount to
violation of this code of integrity.

For the purposes of this clause, the following terms shall have the meaning h
ereinafter, respectively assigned to them:

· “Corrupt practice” means making offers, solicitation or acceptance of bribe, r

ewards or gifts or any material benefit, in exchange for an unfair advantage in t
he procurement process or to otherwise influence the procurement process or c
ontract execution;

· “Fraudulent practice” means any omission or misrepresentation that may

mislead or attempt to mislead so that financial or other benefits may be
obtained or an obligation avoided. This includes making false declaration or pro
viding false information for participation in a RFP process or to secure a contrac
t or in execution of the contract;

· “Coercive practice” means harming or threatening to harm, persons or their

property to influence their participation in the procurement process or affect th
e execution of a contract;

· “Anti-competitive practice” means any collusion, bid rigging or anti-compet

itive arrangement, or any other practice coming under the purview of the Comp
etition Act, 2002, between two or more Bidders, with or without the knowledge
of NaBFID, that may impair the transparency, fairness and the progress of the p
rocurement process or to establish bid prices at artificial, non-competitive
levels;

· “Obstructive practice” means materially impede NaBFID’s or Government a

gencies investigation into allegations of one or more of the above mentioned pr
ohibited practices either by deliberately destroying, falsifying, altering; or by co
ncealing of evidence material to the investigation; or by making false statement
s to investigators and/or by threatening, harassing or intimidating any party to

11 / 16
prevent it from disclosing its knowledge of matters relevant to the investigation
or from pursuing the investigation; or by impeding NaBFID’s rights of audit or ac
cess to information.

20. Termination for Default

NaBFID may, without prejudice to any other remedy for breach of

Contract, written notice of not less than 30 (thirty) days, termina

te the Contract in whole or in part:

a. If the Service Provider fails to deliver any or all of the obligations withi
n the time period specified in the RFP/Contract, or any extension there
of granted by NaBFID.

b. If the Service Provider fails to perform any other obligation(s) under th

e RFP/Contract.

c. Violations of any terms and conditions stipulated in the RFP.

d. On happening of any termination event mentioned in the RFP/Contrac

t.

In the event of failure of the Service Provider to render the Services or in t

he event of termination of Contract or expiry of term or otherwise, withou
t prejudice to any other right, NaBFID at its sole discretion may make alte
rnate arrangement for getting the Services contracted with another Servi
ce Provider. In such case, NaBFID shall give prior notice to the existing Se
rvice Provider. The existing Service Provider shall continue to provide ser
vices as per the terms of the Contract until a ‘New Service Provider’ comp
letely takes over the work. During the transition phase, the existing Servic
e Provider shall render all reasonable assistance to the new Service Provi
der within such period prescribed by NaBFID, at no extra cost to NaBFID, f
or ensuring smooth switch over and continuity of services, provided wher
e transition services are required by NaBFID or New Service Provider beyo
nd the term of this Contract, reasons for which are not attributable to Serv
ice Provider, payment shall be made to Service Provider for such addition
al period on the same rates and payment terms as specified in this Contra
ct.

21. Disputes / Arbitration (Applicable only in case of successful bidder

12 / 16
 s)
All disputes or differences whatsoever arising between the parties out of
or in connection with the Contract (including dispute concerning interpret
ation) or in discharge of any obligation arising out of the Contract (wheth
er during the progress of work or after completion of such work and whet
her before or after the termination of the Contract, abandonment or brea
ch of the Contract), shall be settled amicably. If however, the parties are
not able to solve them amicably within 30 (thirty) days after dispute occ
urs as evidenced through the first written communication from any party
notifying the other regarding the disputes, either party (NABFID or Servic
e Provider), give written notice to other party clearly setting out there in
specific dispute(s) and/or difference(s) and shall be referred to a sole arbi
trator mutually agreed upon, and the award made in pursuance thereof s
hall be binding on the parties. In the absence of consensus about the sin
gle arbitrator, the dispute may be referred to an arbitration panel; one to
be nominated by each party and the said arbitrators shall nominate a pr
esiding arbitrator, before commencing the arbitration proceedings. The a
rbitration shall be settled in accordance with the applicable Indian Laws a
nd arbitration proceeding shall be conducted in accordance with Arbitrati
on and Conciliation Act 1996 and any amendment thereto. Any appeal wi
ll be subject to the exclusive jurisdiction of courts at Mumbai.

Service Provider shall continue to work under the Contract during the arb
itration proceedings unless otherwise directed by NaBFID or unless the m
atter is such that the work cannot possibly be continued until the decisio
n of the arbitrator is obtained.

Arbitration proceeding shall be held at Mumbai, India, and the language

of the arbitration proceedings and that of all documents and communicat
ions between the parties shall be in English.

22. Force Majeure

Notwithstanding the provisions of terms and conditions contained

in this RFP, neither party shall be liable for any delay in performin
g its obligations herein if and to the extent that such delay is the r
esult of an event of Force Majeure.

For the purposes of this clause, 'Force Majeure' means extraordin

ary events or circumstances beyond human control such as an act
of God (like a natural calamity) or events such as wars, insurrectio

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 ns, revolution, civil disturbance, riots, terrorist acts, public strikes
, hartal, bundh, fires, floods, epidemic, quarantine restrictions, fre
ight embargoes, declared general strikes in relevant industries, Vi
s Major, acts of Government in their sovereign capacity, impeding
reasonable performance of Service Provider but does not include a
ny foreseeable events, commercial considerations or those
involving fault or negligence on the part of the party claiming Forc
e Majeure.

If a Force Majeure situation arises, Service Provider shall promptly

notify NaBFID in writing of such condition and the cause thereof. U
nless otherwise directed by NaBFID in writing, Service Provider sh
all continue to perform its obligations under the Contract as far as
is reasonably practical and shall seek all reasonable alternative m
eans for performance not prevented by the Force Majeure event.

If the Force Majeure situation continues beyond continuous period

of 30 (thirty) days, either party shall have the right to terminate t
he Contract by giving a notice to the other party. Neither party sha
ll have any penal liability to the other in respect of the termination
of the Contract as a result of an event of Force Majeure. However,
the Service Provider shall be entitled to receive payments for all s
ervices actually rendered up to the date of the termination of the
Contract.

23. Right to Audit

The Bank shall have right to conduct audits by its internal/ external audito
rs or by agents appointed to act on its behalf. In this case Service Provide
r furnishes all relevant information, records/data to such auditors and/or i
nspecting officials. Where any deficiency has been observed during audit
of the Service Provider on the risk parameters finalized by NaBFID or in th
e certification submitted by the auditors, the Service Provider shall correc
t/resolve the same at the earliest and /or within timelines stipulated by N
aBFID and shall provide all necessary documents related to resolution the
reof.

The bidder has to ensure compliance of information security according to

policy of NaBFID and mitigate the risk if any within the stipulated time wit
hout any additional cost to NaBFID.

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 24. Timeline for assigning M365 licenses
The successful bidder must provide M365 E5 licenses within 10 days of releasin
g the Contract Order.

25. Terms of Payment

1. Invoice to be raised post successful configuration of M365 licenses.

2. Payment will be made Online in INR within 30 days from Invoice Date.
26. Renewal of Contract

This Agreement may be renewed for an additional term of six (6) months, upon mutual agreement
of both parties. The terms and conditions of the renewal shall be negotiated and agreed upon in wr
iting by both parties no later than thirty (30) days prior to the expiration of the current term. If the
parties are unable to reach an agreement on the terms of the renewal, this Agreement will termin
ate at the end of the current term.

Disclaimer/अ वीकरण

The additional terms and conditions have been incorporated by the Buyer after approval of the Competent
Authority in Buyer Organization, whereby Buyer organization is solely responsible for the impact of these clauses
on the bidding process, its outcome, and consequences thereof including any eccentricity / restriction arising in
the bidding process due to these ATCs and due to modification of technical specifications and / or terms and
conditions governing the bid. If any clause(s) is / are incorporated by the Buyer regarding following, the bid and
resultant contracts shall be treated as null and void and such bids may be cancelled by GeM at any stage of
bidding process without any notice:-

1. Definition of Class I and Class II suppliers in the bid not in line with the extant Order / Office Memorandum
issued by DPIIT in this regard.
2. Seeking EMD submission from bidder(s), including via Additional Terms & Conditions, in contravention to
exemption provided to such sellers under GeM GTC.
3. Publishing Custom / BOQ bids for items for which regular GeM categories are available without any
Category item bunched with it.
4. Creating BoQ bid for single item.
5. Mentioning specific Brand or Make or Model or Manufacturer or Dealer name.
6. Mandating submission of documents in physical form as a pre-requisite to qualify bidders.
7. Floating / creation of work contracts as Custom Bids in Services.
8. Seeking sample with bid or approval of samples during bid evaluation process. (However, in bids for
attached categories, trials are allowed as per approved procurement policy of the buyer nodal Ministries)
9. Mandating foreign / international certifications even in case of existence of Indian Standards without

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 specifying equivalent Indian Certification / standards.
10. Seeking experience from specific organization / department / institute only or from foreign / export
experience.
11. Creating bid for items from irrelevant categories.
12. Incorporating any clause against the MSME policy and Preference to Make in India Policy.
13. Reference of conditions published on any external site or reference to external documents/clauses.
14. Asking for any Tender fee / Bid Participation fee / Auction fee in case of Bids / Forward Auction, as the
case may be.

Further, if any seller has any objection/grievance against these additional clauses or otherwise on any aspect of
this bid, they can raise their representation against the same by using the Representation window provided in
the bid details field in Seller dashboard after logging in as a seller within 4 days of bid publication on GeM. Buyer
is duty bound to reply to all such representations and would not be allowed to open bids if he fails to reply to
such representations.

This Bid is also governed by the General Terms and Conditions/ यह बड सामा य शत के अंतगत भी शािसत है

In terms of GeM GTC clause 26 regarding Restrictions on procurement from a bidder of a country which shares a land border with India, any bidder from a country which
shares a land border with India will be eligible to bid in this tender only if the bidder is registered with the Competent Authority. While participating in bid, Bidder has to
undertake compliance of this and any false declaration and non-compliance of this would be a ground for immediate termination of the contract and further legal action

in accordance with the laws./ जेम क सामा य शत के खंड 26 के संदभ म भारत के साथ भूिम सीमा साझा करने वाले दे श के बडर से खर द
पर ितबंध के संबंध म भारत के साथ भूिम सीमा साझा करने वाले दे श का कोई भी बडर इस िन वदा म बड दे ने के िलए तभी पा होगा
जब वह बड दे ने वाला स म ािधकार के पास पंजीकृ त हो। बड म भाग लेते समय बडर को इसका अनुपालन करना होगा और कोई भी
गलत घोषणा कए जाने व इसका अनुपालन न करने पर अनुबंध को त काल समा करने और कानून के अनुसार आगे क कानूनी कारवाई
का आधार होगा।

---Thank You/ ध यवाद---

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