General Insurance Advanced Analytics RFP Final
General Insurance Advanced Analytics RFP Final
General Insurance Advanced Analytics RFP Final
FOR
https://nationalinsurance.nic.co.in
This document is the property of National Insurance Company Limited (NICL). It may not be copied,
distributed or recorded on any medium, electronic or otherwise, without NICL’s written permission. Use of
contents given in this document, even by the authorized personnel/agencies for any other purpose other than
the purpose specified herein, is strictly prohibited as it shall amount to copyright violation and thus shall be
punishable under the Indian law.
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THIS RFP DOCUMENT IS NOT TRANSFERABLE
Bidders are advised to study the RFP document carefully. Submission of Bid shall be deemed to
have been done after careful study and examination of the RFP document with full understanding
of its implications.
The response to this RFP should be full and complete in all respects. Incomplete or partial Bids
shall be rejected. The Bidder must quote for all the items asked for in this RFP.
The Bidder shall bear all costs associated with the preparation and submission of the Bid, including
cost of presentation and demonstration for the purposes of clarification of the Bid, if so desired by
NICL. NICL will in no case be responsible or liable for those costs, regardless of the conduct or
outcome of the bidding process.
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Disclaimer
The information contained in this Request for Proposal (RFP) document or information provided
subsequently to Bidder(s) or applicants whether verbally or in documentary form by or on behalf
of National Insurance Company Limited (NICL), is provided to the Bidder(s) 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 is neither an agreement nor an offer and is only an invitation by NICL to the interested
parties for submission of bids.
The purpose of this RFP is to provide the Bidder(s) with information to assist the formulation of
their proposals. This RFP does not claim to contain all the information each Bidder may require.
Each Bidder may conduct its own investigations and analysis and should check the accuracy,
reliability and completeness of the information in this RFP and where necessary obtain
independent advice.
NICL 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.
NICL may in its absolute discretion, but without being under any obligation to do so, update,
amend or supplement the information in this RFP.
NICL reserves the right to alter/change/modify the procurement of any of the services, hardware
or software items of this RFP. Thus NICL, at its discretion, shall leverage the unit rates provided
by the Bidder in case of increase or decrease in any of the services, software or hardware proposed
by the Bidder throughout the tenure of the Contract.
NICL reserves the right to negotiate, change, modify or alter any/all the items, terms and
provisions of the RFP/agreement entered pursuant to the RFP and may request for additional
information, if required from the Bidder during the contract period.
NICL also reserves the right to withdraw this RFP without assigning any reason and without any
liability to the Bidder or any other person or party.
NICL also accepts no liability of any nature whether resulting from negligence or otherwise,
howsoever caused arising from reliance of any Bidder upon the statements contained in this RFP.
The RFP document is not a recommendation, offer or invitation to enter into a contract, agreement
or other arrangement in respect of the services
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Table of Contents
........................................................................................................................................................................................................ 1
1. Overview ................................................................................................................................................................................... 8
1.1 About National Insurance Company Limited ............................................................................................................... 8
1.2 Purpose of this document ................................................................................................................................................ 9
1.3 Objective .......................................................................................................................................................................... 9
1.4 Important Dates and Information.................................................................................................................................. 9
1.5 Details of Annexure and their Hyperlinked Contents ................................................................................................ 11
1.6 Amendment to Bid Document: ..................................................................................................................................... 11
1.7 Instructions to Bidders: ................................................................................................................................................ 12
2 General Terms and Conditions (GT&C): ............................................................................................................................ 20
2.1 GT&C - Common Definitions for the RFP: ................................................................................................................ 20
2.2 GT&C - Price Schedule: ............................................................................................................................................... 21
2.3 GT&C – Bidder to Note: ............................................................................................................................................... 23
2.4 GT&C – Selection of Bidder: ....................................................................................................................................... 25
2.5 GT&C – Deadline for submission of Bids: .................................................................................................................. 29
2.6 GT&C – Modification of Bids: ..................................................................................................................................... 29
2.7 GT&C - Delivery of documents: .................................................................................................................................. 30
2.8 GT&C - Terms of Payment: ......................................................................................................................................... 30
2.9 GT&C - Documents to be produced for the release of payment: .............................................................................. 32
2.10 GT&C - Guarantee: ...................................................................................................................................................... 33
2.11 GT&C - Satisfactory Performance: ............................................................................................................................. 33
2.12 GT&C - Change of Purchase/Work Order: ................................................................................................................ 33
2.13 GT&C - Performance Security: ................................................................................................................................... 33
2.14 GT&C - Cancellation Clause: ...................................................................................................................................... 34
2.15 GT&C - Delays in the Bidder’s performance: ............................................................................................................ 34
2.16 GT&C - Liquidated Damages: ..................................................................................................................................... 34
2.17 GT&C – Resort to Liquidated Damages: .................................................................................................................... 35
2.18 GT&C - Termination on Insolvency:........................................................................................................................... 35
2.19 GT&C – Termination for Defaults: ............................................................................................................................. 36
2.20 GT&C - Termination for Convenience: ...................................................................................................................... 36
2.21 GT&C – Income/Corporate Taxes: ............................................................................................................................. 36
2.22 GT&C - Taxes and Duties: ........................................................................................................................................... 36
2.23 GT&C - Clarification of Bids: ...................................................................................................................................... 37
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2.24 GT&C - Contract with NICL: ...................................................................................................................................... 37
2.25 GT&C – Contract Amendment: .................................................................................................................................. 37
2.26 GT&C – Limitation of Liability: .................................................................................................................................. 37
2.27 GT&C - Governing Language: .................................................................................................................................... 38
2.28 GT&C - Applicable Law: ............................................................................................................................................. 38
2.29 GT&C - Notices: ............................................................................................................................................................ 38
2.30 GT&C – Indemnity: ...................................................................................................................................................... 38
2.31 GT&C - Right of Selection, Product, Service and Quantity: ..................................................................................... 39
2.32 GT&C - Assignment: .................................................................................................................................................... 39
2.33 GT&C - Sub-contractor: .............................................................................................................................................. 39
2.34 GT&C - Force Majeure: ............................................................................................................................................... 39
2.35 GT&C - Exit Management: .......................................................................................................................................... 40
2.36 GT&C - Obligation: ...................................................................................................................................................... 40
2.37 GT&C – Compliance: ................................................................................................................................................... 41
2.38 GT&C – Acceptance of Terms: .................................................................................................................................... 41
2.39 GT&C - No Legal Relationship:................................................................................................................................... 41
2.40 GT&C - Personnel: ....................................................................................................................................................... 42
2.41 GT&C – Compliance with NICL’s Information Security Policy/ies: ....................................................................... 43
2.42 GT&C – Risk Title: ....................................................................................................................................................... 43
2.43 GT&C - Principal to Principal Liability ..................................................................................................................... 44
2.44 GT&C – Compliance to Security: ................................................................................................................................ 44
2.45 GT&C - Confidentiality and Non-Disclosure: ............................................................................................................ 45
2.46 GT&C - Arbitration Clause: ........................................................................................................................................ 47
2.47 GT&C - Outsourcing Agreement: ............................................................................................................................... 47
2.48 GT&C - Format of Contract between successful bidder and National Insurance Company Limited (NICL) ..... 48
2.49 GT&C - Format for Integrity Pact: ............................................................................................................................. 50
2.50 GT&C - Format for Declaration by Bidder: Conflict of Interest.............................................................................. 56
2.51 GT&C - Feasibility: ....................................................................................................................................................... 57
2.52 GT&C - Performance Bank Guarantee: ..................................................................................................................... 58
2.53 GT&C - Format for EMD/Bid Security: ..................................................................................................................... 61
2.54 GT&C - Undertaking for providing authorized representatives of IRDAI the right to inspection, investigation,
obtaining information: ............................................................................................................................................................... 63
2.55 GT&C - Format of Certificate for Tenders for Works under Rule 144 (xi) in the General Financial Rules
(GFRs), 2017: .............................................................................................................................................................................. 63
3 Bid Specific Clauses ............................................................................................................................................................... 68
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3.1 Eligible Bidders: ............................................................................................................................................................ 68
3.2 Scope of Work: .............................................................................................................................................................. 68
3.2.1 Overview about Existing Analytics Solutions of NICL: ............................................................................................. 68
3.2.2 Existing NICL Analytical Tools........................................................................................................................... 69
3.2.3 Functional Design ................................................................................................................................................ 70
3.2.4 Technical Design ............................................................................................................................................................ 72
3.2.5 Technical Design Features ................................................................................................................................... 74
3.2.6 Data Analysis & Reporting ........................................................................................................................................... 76
3.2.7 Annual Technical Support & Maintenance (ATS) ..................................................................................................... 79
3.2.8 Training.......................................................................................................................................................................... 79
3.2.9 Project Location ............................................................................................................................................................ 80
3.2.10 Period of contract ........................................................................................................................................................ 80
3.3 Service Level Agreement and Penalties .............................................................................................................................. 80
3.3.1 Overall Penalty: ............................................................................................................................................................. 82
3.4 Preparation of Bid: ............................................................................................................................................................... 82
4. Annexures .................................................................................................................................................................................... 86
Annexure 1 - Eligibility (Pre-qualification) Criteria Compliance .......................................................................................... 86
Annexure 2 - Bidder’s Profile Format ...................................................................................................................................... 89
Annexure 3 –Technical Bid Letter ............................................................................................................................................ 92
Annexure 4 – Technical Bid Particulars ................................................................................................................................... 94
Annexure 5-Technical Evaluation Format ............................................................................................................................... 95
Annexure 5(1) - Technical Evaluation .................................................................................................................................. 95
Annexure 6-Commercial Bid Letter ......................................................................................................................................... 97
Annexure 7-Commercial Bid Particulars ................................................................................................................................. 99
Annexure 8 - Commercial Proposal ........................................................................................................................................ 100
Annexure 9 –Confidentiality/Nondisclosure Agreement ....................................................................................................... 103
Annexure 10 – Pre-bid Query Format .................................................................................................................................... 110
Annexure 11 - Statement of Deviation from RFP Terms and Conditions ........................................................................... 111
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SECTION – I
Overview
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1. Overview
National Insurance Company Limited (hereinafter referred to as NICL), with its registered office in
Kolkata, is one of the leading public sector insurance companies of India. It was incorporated in 1906 and
nationalized in 1972, before operating as a Government of India undertaking from 2002. National Insurance
Company Ltd (NICL) is carrying out a non-life insurance business.
Headquartered in Kolkata, NICL’s network of about 900 offices, manned by more than 8,000 skilled
personnel, is spread over the length and breadth of the country covering remote rural areas, townships and
metropolitan cities. NICL’s foreign operations are carried out from its office in Nepal.
NICL transacts general insurance business of Health, Motor, Fire, Marine and Miscellaneous insurance.
Befittingly, the product ranges of more than 200 Products offered by NICL cater to the diverse insurance
requirements of its 17 million policyholders. Innovative and customized policies ensure that even
specialized insurance requirements are fully taken care of. Serving approximately two crore policy holders
in a year with a product portfolio of about 200+ products targeting commercial, retail, rural and micro
insurance market segments, the company handles direct non-life insurance, both in the retail and corporate
segments, re-insurance and investment of funds. NICL’s distribution network consists of over 65,000
different intermediaries comprising direct sales, individual and corporate Agents, Micro Agents, Brokers,
Bancassurance, Motor Insurance Bidders (MISPs) etc. NICL also partners with Garages, Third Party
Administrators and Digital Bidders for servicing Claims generated from customers. Their annual new and
renewal policy transaction volume is about 2 crore and processed claims transaction volume is about 50
lakhs. The Company has undertaken IT initiatives to address its core business requirements and all its offices
are interconnected through a Wide Area Network.
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1.2 Purpose of this document
National Insurance Company Limited (NICL) carries out its business through multiple distribution
channels. This includes online as well as offline channels including our country wise network of
offices. NICL caters to both retail as well as corporate customers for their insurance needs. The
primary goal of this RFP is to help NICL in selecting a System Integrator responsible for managing,
implementing and maintaining analytics solutions for NICL with Data Analysis, Report Generation,
Predictive Analysis and Real Time Dash boarding with Artificial Intelligence/ Machine Learning/
Mobile Capabilities.
1.3 Objective
National Insurance Company Limited intends to utilize the services of the eligible bidder
selected through this RFP for implementation of Advanced Analytics.
Date and Time for Pre-Bid Meeting (if required) 5th July 2024 at 15:00 hrs
https://nationalinsurance.nic.co.in,
Place for publication of clarification, if required https://eprocure.gov.in/cppp/,
https://gem.gov.in/
Time and Date of Opening of PART-I (Pre-
19th July 2024 at 03:30 PM
Qualification & Technical Bid)
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Time and Date of Opening of PART-II
To be intimated later to Participating Bidders
(Commercial Bid)
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1.5 Details of Annexure and their Hyperlinked Contents
● At any time prior to the deadline for submission of Bids, NICL may for any reason either
on its own initiative or in response to a clarification requested by a prospective Bidder, modify the
Bid Document, by amendment.
● All prospective Bidders that have received the Bid Document will be notified of the
amendment. The same will be binding on them. In order to allow prospective Bidders reasonable
time in which to take the amendment into account in preparing their Bids, NICL may, at its
discretion, extend the deadline for a reasonable period to be decided by NICL for the submission
of Bids.
● Details will be published on NICL's Corporate Website https://nationalinsurance.nic.co.in
as well as Central Public Procurement Portal, https://eprocure.gov.in/cppp/ and, GeM portal:
https://gem.gov.in/ also reserves the right to change any terms and conditions of the RFP and its
subsequent addendums as it deems necessary at its sole discretion. NICL will inform the Bidder
about changes, if any, before the deadline of bids submission.
● Addendum / Corrigendum / Extension - NICL may revise any part of the RFP, by
providing an addendum to the Bidder at stage till commercial bids are opened. NICL reserves the
right to issue revisions to this RFP at any time before the deadline for bid submissions. NICL
reserves the right to extend the dates for submission of responses to this document.
● Request for Clarification - The Bidder shall have the opportunity to clarify doubts
pertaining to the RFP in order to clarify any issues they may have, prior to finalizing their
responses. All queries/questions are to be submitted to the Dy. General Manager - IT should be
received by the points of contact not later than the date and time specified in Section- 1.4
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Important Dates and Information. Responses to inquiries and any other corrections and
amendments / corrigendum will be distributed to the Bidder by electronic mail format or softcopy
letter, published in NICL's Corporate Website https://nationalinsurance.nic.co.in as well as
Central Public Procurement Portal, https://eprocure.gov.in/cppp/ and GeM portal:
https://gem.gov.in/ at the sole discretion of NICL.
● Preliminary Scrutiny - NICL will scrutinize the offer to determine whether it is complete,
whether any errors have been made in the offer, whether required technical documentation has
been furnished, whether the documents have been properly signed, and whether items are quoted
as per the schedule. NICL may, at its discretion, waive any minor non-conformity or any minor
deficiency in an offer. This shall be binding on the Bidder and NICL reserves the right for such
waivers and NICLs decision in the matter will be final.
● Clarification of Offer - To assist in the scrutiny, evaluation and comparison of offer,
NICL may, at its discretion, ask the Bidder for clarification of their offer. Clarification/ Additional
documents, if any, sought by NICL from the Bidder have to be submitted within the stipulated
time. NICL has the right to disqualify the Bidder whose clarification is found not suitable to the
proposed project or not received within scheduled time as defined by NIC.
● NICL reserves the right to make any changes in the terms and conditions of purchase.
NICL reserves the right not to allow / permit changes in the technical specifications and not to
evaluate the offer in case of non-submission or partial submission of technical details. NICL may
at its discretion waive any minor non-conformity in any offer and the same shall be binding on all
Bidders and NICL reserves the right for such waivers. NICL will not be obliged to meet and have
discussions with any Bidder, and / or to listen to any representations to changes made after pre-
bid clarification.
● Erasures or Alterations – The offer containing erasures or alterations will not be
considered. There should be no hand-written material, corrections or alterations in the offer.
Technical details must be completely filled up. Correct technical information of the product being
offered must be filled in. Filling up the information using terms such as “OK”, “accepted”,
“noted”, “as given in brochure / manual” is not acceptable. NICL may treat the offers not adhering
to these guidelines as unacceptable.
● Conditional bids shall not be accepted on any ground and shall be rejected straightway.
If any clarification is required, the same should be obtained before submission of bids.
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of services. Neither NICL nor any of its employees, agents, contractors, or advisers gives
any representation or warranty, express or implied as to the accuracy or completeness of any
information or statement given or made in this RFP document. Neither NICL nor any of its
employees, agents, contractors, or advisers has carried out or will carry out an independent
audit or verification or due diligence exercise in relation to the contents of any part of the
RFP document.
B Disclaimer: Subject to any law to the contrary, and to the maximum extent permitted by
law, NICL and its officers, employees, contractors, agents, and advisers disclaim all liability
from any loss or damage (whether foreseeable or not) suffered by any person acting on or
refraining from acting because of any information, including forecasts, statements,
estimates, or projections contained in this RFP document or conduct ancillary to it whether
or not the loss or damage arises in connection with any negligence, omission, default, lack
of care or misrepresentation on the part of NICL or any of its officers, employees,
contractors, agents, or advisers.
C Evaluation of Offers: Intending Bidder acknowledges and accepts that NICL may, in its
absolute discretion, apply whatever criteria it deems appropriate in the selection of
organizations, not limited to those selection criteria set out in this RFP document. The RFP
document will not be construed as any contract or arrangement which may result from the
issue of this RFP document or any investigation or review carried out by a Recipient. The
intending Bidder acknowledges by submitting its response to this RFP document that it has
not relied on any information, representation, or warranty given in this RFP document.
D Intending Bidders who satisfy the eligibility criteria laid down under this document can bid
for the RFP. Intending Bidders may also download this document from NICL's Corporate
Website https://nationalinsurance.nic.co.in as well as Central Public Procurement Portal,
https://eprocure.gov.in/cppp/ and GeM portal: https://gem.gov.in/ between dates (refer,
Section- 1.4 Important Dates and Information). The Bidder has to submit a non-
refundable RFP Document Fee of Rs. 25,000/- only (Rupees Twenty Five Thousand only)
to National Insurance Company Limited payable through NEFT/RTGS only prior to Pre-
Bid Meeting Date.
Non-furnishing of RFP Document Fee/s, till the time of submission of the bid will disqualify
the Bidder.
A copy of proof of payment of non-refundable RFP Document Fee has to be emailed
to the following ids: pc.nayak@nic.co.in CC: sourav.baneerjee@nic.co.in,
sanghamitra.bhowmik@nic.co.in and ripunjoy.baruah@nic.co.in
E Intending Bidders who wish to participate in the Pre-Bid Meeting shall submit the proof of
payment of non-refundable RFP Document Fee of Rs. 25,000/- only (Rupees Twenty Five
Thousand only) to National Insurance Company Limited payable through
DD/NEFT/RTGS only, prior to the Pre-Bid Meeting Date.
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Only one (1) authorized representative of Bidder is allowed to participate in the pre-Bid
meeting. Documentary proof of payment of the RFP Document Fee by intending Bidders by
mail/hard copy, is a pre-requirement for participation in the Meeting.
F The Bidder should be agreeable to hold the price and specification details if any for a period
of at least one year from the date of opening of Commercial Bid in respect of his bid under
the RFP, and in case there occurs any change in the specifications on account of the Solution
offered/ordered for being phased out from the market, should be able to supply solution and
systems of higher configuration at the same prices agreed to, in respect of the bid under the
RFP.
G The Bidder can submit only one bid offering with one combination of solution and
specifications in respect of the RFP. If any Bidder quotes multiple offers, the bid will be
summarily rejected.
H Intending Bidders are required to quote for all the items quoted for in respect of the RFP.
Failure to quote for any one or more items or not mentioning the prices of each item
separately in the Commercial Bid will disqualify the Bidder.
I ● Each Bid under RFP must be accompanied with an Earnest Money Deposit (EMD)
of value of Rs.10,00,000.00 (Rupees Ten Lakhs Only) by way of BG/DD/NEFT/RTGS in
favor of National Insurance Company Limited, refer NICL Bank details mentioned above.
Non-furnishing of EMD will disqualify the Bidder.
● EMD should be valid for 1 year from date of bid submission.
● The EMD would be returned without any interest to the unsuccessful Bidders on
receipt of written application, within 90 days of award of Purchase/Work Order to the
Successful Bidder.
● The EMD will be refunded/returned to the successful Bidder on production of a
performance guarantee.
● The EMD will be forfeited if the successful Bidder fails or refuses to execute the
work after having been identified as T1L1 before or after LOI/Purchase/Work Order/Advice
for execution is issued or having accepted Purchase/Work Order fails to carry out his
obligations mentioned therein.
● Additionally, such Bidders will be blacklisted and barred from participating in
future RFPs of NICL for a period not exceeding two years.
● No interest on EMD will be paid to either Successful or Unsuccessful Bidder.
● Additionally, the Bidder has to submit a non-refundable RFP Document Fee of
Rs.25,000/- only (Rupees Twenty Five Thousand only) to National Insurance Company
Limited payable through NEFT/RTGS only prior to Pre-Bid Meeting Date.
● Non-furnishing of RFP Document Fee/s, till the time of submission of the bid will
disqualify the Bidder.
A copy of proof of payment of non-refundable RFP Document Fee has to be emailed
to the following ids: pc.nayak@nic.co.in CC: sourav.baneerjee@nic.co.in,
sanghamitra.bhowmik@nic.co.in and ripunjoy.baruah@nic.co.in
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Exemption from payment of EMD (Earnest Money Deposit) and Tender Fee.
Note: Only Micro and Small Enterprises (MSEs) as defined in MSE Procurement Policy
issued by department of Micro, Small and Medium Enterprises (MSME) assigned with
Enterprise items selling are exempt from submission of EMD (Bid Security) and tender fees.
Bidders claiming exemption of EMD under this rule (170 of GFR) are however required to
submit a signed Bid securing declaration accepting that if they withdraw or modify their
Bids during the period of validity, or if they are awarded the contract and they fail to sign
the contract, or to submit a performance security before the deadline defined in the request
for bids document, they will be suspended for the period of 12 months from being eligible
to submit bids. Non submission against the same at Pre-qualification stage, will disqualify
the bidder.
J NICL reserves the right to accept / reject any / all offers without assigning any reason
whatsoever. The decision of NICL in selecting the Bidder would be final and conclusive.
K RFP Document/s is/are not Transferable.
L The RFP will be in Three Parts, viz., Pre-Qualification, Technical and Commercial bid and
in online format.
· NICL reserves the right to extend the last date/time for submission of bids or modify the
Technical Specifications/locations of delivery/conditions stipulated in any item of this RFP
Documents till final bid submission date and all such changes/modification will be informed
through NICL's Corporate Website https://nationalinsurance.nic.co.in as well as Central
Public Procurement Portal, https://eprocure.gov.in/cppp/ and GeM portal:
https://gem.gov.in/
However, the bidder needs to submit following documents in Hard Copies in sealed
envelopes, also refer Section - Preparation of Bid:
If the bidder does not submit the hard copies, then non-submission of the documents
may lead to disqualification at the discretion of NICL.
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The Sealed envelopes should reach NICL before or on the date and time of submission
schedule as mentioned in the RFP, Section- 1.4 Important Dates and Information.
M NICL shall evaluate Pre-qualification Bid first and shortlist the Bidders who qualify for
further evaluation.
The Technical Bid shall be evaluated only for those responses that have qualified in the Pre-
Qualification Bid.
Commercial bids of only those Bidders who qualify in the Technical Bid shall be opened at
a later date.
NICL will notify the date and time of opening of the Commercial bids to the technically
qualified Bidders.
NICL reserves the right to change or relax the eligibility criteria to ensure inclusivity. No
further discussion/ interface will be granted to Bidders whose bids have been
disqualified.
The evaluation by NICL will be undertaken by a committee and its decision is final.
N The Pre-qualification Bid of the Bidder should be submitted online. Along with the online
submission, the following should be submitted in separate sealed cover (in hard copy)
super-scribed “Original”:
Pre-Qualification Bid and supporting documents in hard copy should be enclosed in one
cover and sealed. This cover should be super-scribed with the wording “DO NOT OPEN
BEFORE __________” “Pre-Qualification bid for NICL/IT/RFP/08/2024/Advanced
Analytics”.
The Bidder should put the proof of transfer of EMD of requisite value in the appropriate
envelope for “Original” Pre-Qualification Bid for NICL/IT/RFP/08/2024/Advanced
Analytics”.
Only one representative of the Bidder can be present for the opening of the Pre-
Qualification Bid. If the representative of the Bidder is not present at the venue on the
scheduled date and time, NICL will proceed with opening of the Bid.
O The Technical Bid of the Bidder should be submitted online. Along with the online
submission, the following should be submitted in separate sealed cover (in hard copy)
super-scribed “Original”.
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Technical Bid and supporting documents in hard copy should be enclosed in one cover and
sealed. This cover should be super-scribed with the wording “DO NOT OPEN BEFORE
__________” and “Technical bid for NICL/IT/RFP/08/2024/Advanced_Analytics.
Supporting documents have to be indexed and page numbers, paragraph numbers referenced
with the prescribed format of the Technical Bid and others (if any).
It is mandatory to submit the technical details in the prescribed formats duly filled in. NICL,
at its discretion, may not evaluate a Technical Bid in case of non-submission or partial
submission of technical details.
The corrections or alterations, if any, should be authenticated. In the case that the
corrections/alterations are not properly authenticated, the offer will be rejected.
Technical details must be completely filled up containing correct technical information of
the product being offered. Filling up of the forms using terms such as “OK”, “accepted”,
“noted”, “as given in brochure/manual” are not acceptable to NICL. Offers not adhering to
these guidelines may not be accepted by NICL.
Only one representative of the Bidder can be present for the opening of the Technical Bid
on the specified date and time. If the representative of the Bidder is not present at the venue
on the scheduled date and time, NICL will proceed with opening of the Bid.
Technically qualified bids will be taken up for further processing and the Commercial Bids
of qualified Bidders will be opened in the presence of the technically qualified Bidders’
representative on separate date and time which will be notified separately. If the
representative of the Bidder is not present at the venue on the scheduled date and time, NICL
will proceed with opening of the Bid.
P The Commercial Bid of the Bidder should be submitted online. Alongwith the online
submission, the following should be submitted in separate sealed cover (in hard copy)
super-scribed “Original”.
Commercial Bid in hard copy should be enclosed in one cover and sealed. This cover should
be super-scribed with the wording “DO NOT OPEN BEFORE __________'' and
“Commercial bid for NICL/IT/RFP/08/2024/Advanced Analytics.
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The price quoted should be in Indian rupees only. The prices offered shall be on a fixed price
basis and should not be linked to the Foreign exchange.
Prices are to be indicated only in the prescribed format in Commercial Bid. No information
should be kept blank and no options should be quoted. Offer should be in strict conformity
with the prescribed format.
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SECTION – II
General Terms
and
Conditions
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2 General Terms and Conditions (GT&C):
D The term ‘Contract’ or ‘Agreement’ are interchangeable and means the respective Contract
or Agreement to be signed by the Successful Bidder and NICL in respect of
NICL/IT/RFP/08/2024/Advanced_Analytics and as recorded in the Contract Form signed
by the Purchaser and the Bidder, including all attachments and Annexure thereto and all
documents incorporated by reference therein. The contract also covers the General Terms
and Conditions and other points mentioned in this document including the accepted
deviations (if any).
E The terms ‘Bidder/System Integrator’ are interchangeable and means the person or the firm
or the company with whom the order for the implementation of Advanced Analytics
services is placed, in respect of NICL/IT/RFP/08/2024/Advanced_Analytics, and shall be
deemed to include the Partner’s successors, representatives (approved by the Purchaser),
heirs, executors, administrators and permitted assigns, as the case may be unless excluded
by the terms of the contract.
F ‘Bid’ means the written reply or submission of response to this RFP.At the time of issuance
of Purchase/Work Order and signing of Contract in respect of
NICL/IT/RFP/08/2024/Advanced_Analytics, the successful Bidder may be termed as
‘Bidder’ or ‘System Integrator’.
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I The ‘Bid Price/Contract Price’ means the ‘Grand Total Price’ payable to the successful
Bidder net of discount (if any), liquidated damages (if any) under the contract in respect of
NICL/IT/RFP/08/2024/Advanced_Analytics and these presents for the full and proper
performance of the contractual obligations of the Bidder/Authorized Partner
J The ‘Contract Value’ means the real cost in respect of
NICL/IT/RFP/08/2024/Advanced_Analytics including all related Services, Software, and
other accessories to be supplied and installed by the Bidder.
K “Rates/Prices” means prices of Plan and services quoted by the Bidder in the Commercial
Bid submitted by him in respect of NICL/IT/RFP/08/2024/Advanced_Analytics and/or
mentioned in the Contract
L “LOI” means issuing of Letter of Intent which shall constitute the intention of the Purchaser
to place the Purchase/Work Order with the successful Bidder in respect of
NICL/IT/RFP/08/2024/Advanced_Analytics.
M The ‘Order’ means the Purchase/Work Order issued in favor of the Bidder in respect of
NICL/IT/RFP/08/2024/Advanced_Analytics.
N The term ‘Solution’ means all the deliverables complying with technical requirements
specified in this document and as applicable under Scope of Work in respect of
NICL/IT/RFP/08/2024/Advanced_Analytics, which the Bidder is required to provide,
upgrade, install/implement, configure, commission, maintenance/support at the various
locations of the Purchaser under the order/contract in respect of
NICL/IT/RFP/08/2024/Advanced_Analytics.
The term ‘Solution’ shall also include ‘Service’ such as successful supply, upgrade,
installation/implementation, configuration, commissioning, maintenance/support and such
obligations of the Bidder covered under the order/contract and are complying with
requirements specified in this document, within defined timelines and as per defined
matrices, and as applicable under Scope of Work in respect of
NICL/IT/RFP/08/2024/Advanced_Analytics.
O “Documentary evidence” means any matter expressed or described upon any substance by
means of letters, figures or marks intended to be used for the recording of that matter and
produced before a court.
P NICL reserves the right to extend the last date/time for submission of bids or modify / relax
the conditions stipulated in this document through website information update.
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Annexure 7 – Commercial Bid Particulars and,
Annexure 8 – Commercial Proposal
In respect of NICL/IT/RFP/08/2024/Advanced_Analytics.
B All Inclusive Price of the Solution in respect of NICL/IT/RFP/08/2024/Advanced_Analytics
will take into account price/charges as specified in the Commercial Bid, in respect of
NICL/IT/RFP/08/2024/Advanced_Analytics.
C The ‘Grand Total’ Price as specified in Price Schedule or Commercial Bid, in respect of
NICL/IT/RFP/08/2024/Advanced_Analytics must take into consideration all the
components required in respect of the RFP (for all hardware, software, licenses if any
required for operation of the Solution as per Scope of Work and its sub-sections should be
factored-in by the Bidders for 4 years period including upgrades) and all the subsections of,
Annexure 8 – Commercial Proposal.
D Any other taxes / levies such as octroi / entry tax etc., payable at the place of delivery will
be reimbursed on actual basis (wherever applicable at the place of delivery) subject to
production of original document / receipt issued by appropriate authority. In case any
waybill or road permit is to be obtained, the Bidder shall make necessary arrangements for
obtaining the same.
E The Bidder is required to submit their bids after carefully examining the
documents/conditions. The Bidder must obtain for himself on his own responsibility and at
his own expenses all the information necessary to enable him to prepare and submit a proper
quotation.
F It will be the responsibility of the Bidder to take care of all formalities, if any, necessary as
per orders of any government/non-government authority in force at the point of time of
delivery.
G The Selection of Bidder would be through the process as laid down in GT&C – Selection
of Bidder
H The detailed breakup of price quotes is to be furnished along with the Price Schedule by the
Bidder in respect of NICL/IT/RFP/08/2024/Advanced_Analytics.
I The Bidder shall agree to maintain the price and configuration of all the components
supplied in respect of NICL/IT/RFP/08/2024/Advanced_Analytics under this document for
one (1) year from the date of opening of the Commercial Bid.
However, should there be a fall in the prices between the date of submission of bid and the
date of delivery of the Solution ordered for in respect of
NICL/IT/RFP/08/2024/Advanced_Analytics, on account of revision in prices in Services,
Hardware / Software and any other components or on account of revision in duties and taxes
or for any other reason whatsoever, the benefit shall be passed on to NICL.
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Similarly, if the model of any product related to the Solution ordered for in respect of the
RFP is replaced in the market by models of better technology or configuration before it is
delivered, delivery should be of the latest configuration / technology without any price
implication.
2.3 GT&C – Bidder to Note:
A Arithmetical errors may be rectified on the following basis:
a. If there is a discrepancy between the unit price and total price, whichever is lower
will be taken into account at the time of commercial bid evaluation.
b. If there is discrepancy between words and figures, the lowermost figure will prevail.
c. Where only total price has been provided, NICL will derive unit price based on
division of the total price by the number of units.
d. If tax amount does not corroborate with the tax percentage mentioned in the price
bid, the tax percentage prevails and the amount shall be corrected up to two decimals.
Bidders need to note that the Consolidated Commercial Bid in GeM portal:
https://gem.gov.in/ and the submitted hard copies duly signed by Authorized
Signatory the RFP should match. If any discrepancy is found that bid will be rejected.
If the bidder misses or forgets to quote rates of any line item, then it is assumed that the
Bidder will provide that at zero cost to NICL during the contract period.
If the Bidder does not accept the above mentioned procedure, the bid may be rejected.
A bid determined not substantially responsive will be rejected by the purchaser and cannot
be made subsequently responsive.
B No consideration will be given to a bid in respect of
NICL/IT/RFP/08/2024/Advanced_Analytics received after the date and time stipulated by
‘NICL' and no extension of time will normally be permitted for submission of bids.
C No price variation/adjustment or any other escalation will be otherwise entertained, unless
as per terms of Annexure 6 – Commercial Bid Letter, Annexure 7 – Commercial Bid
Particulars and Annexure 8 – Commercial Proposal.
D The Bidder undertakes that in competing for the RFP and if the award is made to the
Bidder in executing the contract, the Bidder will strictly observe the laws against fraud
and corruption in force in India namely “Prevention of Corruption Act 1988” and any
revision thereof.
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E The Bidder undertakes that in competing for the RFP, the Bidder shall abide by the
Code of Integrity as contained in Rule 175 of GFR (General Financial Rules) 2017.
Any effort by a Bidder to influence NICL in the bid evaluation, bid comparison or
contract award decisions may result in the rejection of the Bidder’s bid and
blacklisting from participation in future RFPs’.
G Bidder has to sign an Integrity Pact and Declaration on absence of Conflict of Interest
as provided in the RFP document, in original and the same should be submitted along
with PRE-Qualification bid as per the formats provided in 2.49 GT&C - Format for
Integrity Pact, 2.50 GT&C - Format for Declaration by Bidder: Conflict of Interest
H NATIONAL INSURANCE CO. LTD. DOES NOT BIND ITSELF TO ACCEPT ANY
QUOTATION/BID AND RESERVES THE RIGHT TO ACCEPT/REJECT ANY
QUOTATION/BID WITHOUT ASSIGNING ANY REASONS THEREOF.
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2.4 GT&C – Selection of Bidder:
A The RFP will be evaluated in two stages, viz., 1st Stage (Pre-Qualification and Technical
bids) and the 2nd Stage (Commercial bid).
The two-stage evaluation shall be done sequentially on a knock-out basis. This implies
that those Bidders qualifying in Stage A will only be considered for Stage B, Commercial
Evaluation
Responses from Bidder will be evaluated in two stages, sequentially, as outlined below:
Stage A: Eligibility Evaluation and Technical Evaluation: NICL shall evaluate Pre-
qualification Bid first and shortlist the Bidders who qualify for further evaluation.
The Technical Bid shall be evaluated only for those responses that have qualified in the
Pre-Qualification Bid. Commercial bids of only those Bidders who qualify in the
Technical Bid shall be opened at a later date. All Minimum Criteria specified in RFP needs
to be fulfilled by the Bidder to proceed to the next stage of evaluation/selection.
NICL reserves the right to accept/reject any deviation in the Technical and Commercial
Bids of any Bidder.
Stage B: Commercial Evaluation: Commercial bids of only those Bidders who qualify
across Stage A would be opened. The Bidders having the lowest TCO as per Annexure 8
would be recommended for the award subject to due diligence.
Please note that the criteria mentioned in this section are only indicative and NICL, at its
discretion, may alter the criteria without assigning any reasons. NICL also reserves the
right to reject any / all proposal(s) without providing any specific reasons. All deliberations
and evaluations performed by NICL will be strictly confidential and will be maintained as
property of NICL exclusively and will not be available for discussion to any other Bidders.
B Eligibility Evaluation
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Step 2: Technical Evaluation
Pre-Qualification (Eligibility) criterion for the Bidders to qualify this Step 1 of stage A is
clearly mentioned in Annexure 1- Eligibility (Pre-qualification) Criteria Compliance,
Annexure 2 – Bidder Profile Format
The Bidder would also need to provide supporting documents for eligibility proof.
The Bidders who meet ALL these criteria would only qualify for the Step 2 of Stage A i.e.
Technical Evaluation as under.
C Technical Evaluation
NICL will allot a score to the above components (Format under Annexure 5(1)) as per
evaluation formats provided in the RFP. Only Bidders with technical score equal to or more
than 60% of the maximum possible score in stages A Step 2 will progress to the commercial
stage.
NICL reserves the right to reduce the technical cut off score (individual as well as overall) at
its discretion
D Any Deviation and Non Conformance to the requirement may lead to the disqualification at
NICL’s discretion. Unreasonable Scope limitation which defeats the purpose of this RFP and
will lead to disqualification.
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E Commercial Evaluation
The evaluation of the Bid is based on QCBS (Quality and Cost Based Selection).
Quality and Cost Based Selection (Evaluation):
Evaluation of Quotation:
Technical Evaluation:
Each Technical bid will be assigned a technical score out of a maximum of 100
marks (marks breakup described below). Only the bidders who get a technical score
of 50 percent or more in each section and 60 percent or more overall will qualify
for the commercial evaluation stage. Failing to secure minimum marks shall lead to
technical rejection of the bid.
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3 97 (97/99)*100 97.98
4 98 (98/99)*100 98.99
5 99 (99/99)*100 100
Commercial Evaluation:-
Technically qualified bidders as per technical evaluation process will participate in
commercial bid opening process. The bidder with the lowest commercials will be declared
commercially L1 bidder and further evaluated as per following method:
Normalized Commercial Score of a bidder = {lowest quote/bidder’s quote} X 100 (adjusted
to 2 decimals)
The final score will be calculated through Quality and Cost based selection method
with the following weight-age:
i. A bid determined not substantially responsive will be rejected by the purchaser and
cannot be made subsequently responsive.
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ii. No consideration will be given to a bid received after the date and time stipulated by
NIC and no extension of time will be permitted for submission of Bids. However, NIC
reserves the right to extend the last date and time for submission of the bids at its own
discretion.
iii. Canvassing/misleading information in any form in connection with Bids is strictly
prohibited and Bids submitted by bidders who resort to these types of activities are liable to
be rejected.
iv. NIC reserves the right to call for any clarification from any/all Bidder during the
evaluation of the bids. However, no other correspondence on bids will be entertained.
v. No price variation / adjustment, explanation, correction or any other escalations will be
entertained.
vi. Over-writing without proper authentication is not permitted in filling up the bids and
may entail rejection of the bids.
vii. The products and price offered cannot be withdrawn by the bidder from GeM during the
bid validity period.
B NICL may, at its discretion, extend this dead-line for the submission of Bids, in which case
all rights and obligations of NICL and Bidders previously subject to the deadline will
thereafter be subject to the deadline as extended.
C Late Bids :
Acceptance of bids after the deadline for submission of bids prescribed by NICL will be
at the sole discretion of NICL.
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B The Bidder’s request for modification may be submitted by e-mail but followed by a signed
confirmation copy, postmarked not later than the deadline for submission of bids.
Payment will be made by the Head Office (HO), pertaining to the services delivered to the ‘NICL'.
Failure to submit the PBG within the mentioned period may result in the cancellation of the
Purchase/Work Order and forfeiture of the EMD. The PBG should be valid from the date of
issuance of the Purchase Order till the date of successful implementation of the Advanced
Analytics services/solution and subsequent AMC of 12 months.
Once this PBG i.e. 3% of ‘Contract Value’, in the form of Bank Guarantee from a Nationalized
Bank is received by NICL, the EMD as Bid Security in respect of
NICL/IT/RFP/08/2024/Advanced_Analytics will be returned to the successful Bidder.
NICL shall invoke the security deposit in case the selected bidder fails to discharge their
contractual obligations as per the agreed terms & conditions during the period of the contract.
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B Payment in respect of the RFP: NICL/IT/RFP/08/2024/Advanced_Analytics will be as
follows:
A Activities Payment Terms
1 Implementation Cost 1) 5% of the Total Cost of implementation at the time of
signing off of the Business Requirements Document.
2) 5% of the Total Cost of implementation at the time of
signing off of the Technical Architecture Document.
3)10 % of the Total Cost of implementation at the time of
finalization of the Data Model and ETL Mapping
Document of the Enterprise Data Warehouse.
4) 20 % of the Total Cost of implementation after system
configuration of Data Model and ETL Mapping of
Enterprise Data Warehouse.
5) 10 % of the Total Cost of implementation at the time of
completion of the historical load and scheduling of
incremental loads.
6) 25% of the Total Cost of implementation for
Implementing Data Visualization.
7) Final 25% of Total Cost of implementation will be paid
after 3 months from the date of acceptance of the
Advanced Analytics Solution by NICL.
2 License cost (if any) List of Tools used in NICL are mentioned in 3.2.2
Existing NICL Analytical Tools. Any software other than
the ones mentioned has to be provided by the bidder and
payment terms will be decided with the successful bidder
mutually.
3 Maintenance and Support Costs would be paid as actuals on a quarterly basis for
Cost invoice raised.
2. There shall be no escalation in the prices once the prices are fixed and agreed by NICL and
the Bidder.
3. The payments will be made only after the acceptance/verification of the invoice.
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4. The bidder must ensure that the cost is as per the tables provided in Annexure 8 – Commercial
Proposal; At any point of time, bidder must not account for capabilities that would be brought
in during future phases.
6. The fees payable by NICL to successful bidder shall be inclusive of all costs and applicable
taxes. NICL shall pay the amount due under this RFP and subsequent agreement after deducting
any tax deductible at source (“TDS”), as applicable.
7. NICL shall pay each undisputed invoice raised in accordance with this RFP and subsequent
agreement after its receipt provided that such invoice is dated after such Fees have become due
and payable under this RFP and subsequent agreement.
8. Any objection / dispute to the amounts invoiced in the bill shall be raised by NICL within
reasonable time from the date of receipt of the invoice. Upon settlement of disputes with respect
to any disputed invoice(s), NICL will make payment after settlement of such disputes.
9. All out of pocket expenses, travelling, boarding and lodging expenses for the entire Term of
this RFP and subsequent agreement is included in the implementation cost and the bidder shall
not be entitled to charge any additional costs on account of any items or services or by way of
any out-of-pocket expenses, including travel, boarding and lodging etc.
D
Payment will be released by NICL as per above payment terms on submission of relevant
supporting documents as mentioned in clause 2.9 GT&C below.
NICL will pay invoices within a period of 45 days from the date of receipt of undisputed
invoices. Any dispute regarding the invoice will be communicated to the selected bidder within
15 days from the date of receipt of the invoice. After the dispute is resolved, NICL shall make
payment within 30 days from the date the dispute stands resolved.
2.9 GT&C - Documents to be produced for the release of payment:
The payment shall be released as per 2.8 GT&C - Terms of Payment point B(1) in the
implementation phase and on quarterly basis at the maintenance phase. Two copies of the quarterly
invoice should be submitted within 30 days from the end of each quarter. This shall also include all
supporting documents on the basis of which the invoice has been prepared including (but not limited
to) the following:
a) Performance report on all SLAs and calculation of applicable penalties (if any)
b) An undertaking/covering letter by the selected bidder on the fact that the preparation
of the invoice has been in accordance to the terms and conditions of the contract.
Wherever applicable, penalty needs to be proactively computed and levied in the
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generation of invoice.
c) Any other documents as applicable, as may be demanded by the NICL to ascertain the
genuineness or accuracy of billing.
d) Proof of Payment of Taxes / Octroi / Levies, if any.
The payment for the invoice received along with all stipulated supporting documents shall be done
within 45 days of bill receipt date.
Further, in relation to payment,
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B In case of violation of any of the conditions during the Contract Period in respect of the
Contract under NICL/IT/RFP/08/2024/Advanced_Analytics, the Performance Bank
Guarantee as aforesaid may be invoked by ‘NICL’.
2.14 GT&C - Cancellation Clause:
If the Goods/Solution is not delivered within the scheduled time period as mentioned in
Purchase/Work Order, National Insurance Company Limited reserves the right to invoke the PBG
furnished by the Bidder favoring ‘NICL' and cancel the contract thereafter.
2.15 GT&C - Delays in the Bidder’s performance:
A Delivery of the performance of the services shall be made by the Bidder in accordance with the
time schedule mentioned in the Purchase/Work Order.
B Any delay by the Bidder in the performance of its delivery obligations shall render the Bidder
liable for imposition of liquidated damages, and/or termination of the Contract for default,
besides encashment of the PBG.
C If at any time during the performance of the Contract, the Bidder should encounter the
conditions impeding the timely performance of the services, the Bidder shall promptly notify
the Purchaser in writing of the fact of the delay, its likely duration and its cause(s). As soon as
practicable after receipt of the Bidder’s notice, the Purchaser shall evaluate the situation and
may at its discretion extend the Bidder’s time for performance in which case the extension shall
be recorded by the parties.
D Any delay by the Bidder in the performance of its service obligations, other than the delay
which occurs due to reasons beyond the Bidder’s control, shall render the Bidder liable for
termination of the contracts for default. Any incidental taxes and levies on account of delay in
performance caused by Bidder shall be on the Bidder’s account.
2.16 GT&C - Liquidated Damages:
a. If the bidder fails to deliver and perform any or all the services within the stipulated
time schedule as specified in this RFP/ Contract, NICL may, without prejudice to its
other remedies under the Contract, and unless otherwise extension of time is agreed
upon without the application of Liquidated Damages, deduct from the amount
payable, as liquidated damages. The Penalty and Liquidated Damages as mentioned
in this RFP shall be independent to each other and will be levied separately or jointly
as the case may be as per discretion of NICL.
b. Non-compliance of the SLA, penalty would be as defined in SLA. The overall
penalty cap would be 10% of the Contract Value of the
NICL/IT/RFP/08/2024/Advanced_Analytics. After the cap is reached, NICL may
cancel the contract.
c. Once this amount reaches 10% of the Contract Value, NICL may cancel the
contract, and encash the PBG. Encash of the Performance Bank Guarantee shall not
endanger any provisions of warranty/AMC written or otherwise expressed and the
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concerned warranty/AMC will remain in full force. Once the maximum deduction
is reached, NICL may consider termination of the Contract.
d. The aggregate of all penalties and liquidated damages under this Contract shall not
exceed 10% of the Contract Value.
e. In case Services are not fully completed within the stipulated period, Liquidated
Damage condition shall be invoked if such delay is not attributable to “Force
Majeure”. NICL reserves the right to extend the Time Period, where the delay is due
to NICL responsibility.
2.17 GT&C – Resort to Liquidated Damages:
In the event the Purchaser terminated the Contract in whole or in part, the Purchaser shall:
A Encash the PBG/not refund the performance security amount.
B Deduct Liquidated damages as specified in respective Clause/s
2.18 GT&C - Termination on Insolvency:
The agreement can be terminated by giving written notice to the Bidder, without compensation to them if:
A The Bidder becomes bankrupt or is otherwise declared insolvent;
B The Bidder being a company is wound up voluntarily or by the order of a court or a receiver,
or manager is appointed on behalf of the debenture holders or circumstances occur entitling the
court or debenture holders to appoint a receiver or a manager, provided that such termination
will not prejudice or affect any right of action or remedy accrued or that might accrue thereafter
to the Purchaser.
C Purchaser shall however pay the Bidder for all products and services provided up to the
effective date of termination.
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2.19 GT&C – Termination for Defaults:
The Purchaser may, without prejudice to any other remedy for Breach of the Contract, by written notice of 90
days of default to the Bidder, terminate the Contract in whole or in part;
A If the Bidder fails to render services within the time period(s) specified in the Contract or any
extension period thereof granted by the Purchaser, or
B If the Bidder fails to perform any other obligations under the Contract
C All payments due to the Bidder till the effective date of termination will be made by NICL
within 60 days' of such written notice of termination, subject to applicable penalties
2.20 GT&C - Termination for Convenience:
A The Purchaser may by written notice of 90 days sent to the Bidder terminate the Contract, in
whole or in part, any time for its convenience. The notice of termination shall specify that
termination is for the Purchaser’s convenience, the extent to which performance of work under
the Contract is terminated and the date on which such termination becomes effective.
B The Purchaser may purchase the ordered goods/services that are complete and ready for use
after the Bidder’s receipt of notice of termination at the Contract terms and prices. For the
remaining goods and services, the Purchaser may elect:
B.1 To have any portion completed and delivered at the contract terms and prices; and/or
B.2 To cancel the remainder and pay to the Bidder an agreed amount for partially completed goods
and services.
B.3 All payments due to the Bidder till the effective date of termination will be made by NICL
within 60 days' of such written notice for termination.
2.21 GT&C – Income/Corporate Taxes:
A The Bidder shall be liable to pay all the Corporate Taxes, and the Income Tax, that shall be
levied according to the laws and regulations applicable from time to time in India.
B Wherever the laws and regulations require deduction of such taxes at the source of payments,
the Purchaser shall effect such deductions from the payment due to the Bidder. The remittance
of amounts as deducted and issuance of Certificate for such deductions shall be made by the
Purchaser as per the regulations in force. Nothing in the Contract shall relieve the Bidder from
their responsibility to pay any tax that may be levied in India on income and profits made by
the Bidder in respect of the Contract.
C The relevant deduction certificate shall be provided to the Bidder within 90 days of deduction
at source.
2.22 GT&C - Taxes and Duties:
A Bidder will be entirely responsible for making the payments in respect of all taxes, stamp duties,
fees, etc. in connection with delivery of service at site/s including taxes and levies to be charged
in connection with incidental services etc. For procurement of way-bills, if any, necessary
arrangements shall be made by the Bidder. Service Taxes will be payable as per rules prevalent
at the time of submission of bid response.
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B However, Only Octroi and Entry tax, if any; payable at the place of delivery will be reimbursed
by NICL subject to production of original receipt.
2.23 GT&C - Clarification of Bids:
A To assist in the examination, evaluation and comparison of bids the Purchaser may, at their
discretion, ask the Bidder for clarification of the bid.
B Bidders should send their queries, if any, through email to pc.nayak@nic.co.in CC:
sourav.banerjee@nic.co.in, ripunjoy.baruah@nic.co.in, sanghamitra.bhowmik@nic.co.in, on
or before the stipulated date and time. Bidders should submit the queries only in the format
given in the RFP and in xlsx format. Queries which are not in the format specified in the format
under Annexure 10 – Pre-bid Query Format will be ignored. Bid is liable for disqualification
in case of deviation.
No query / suggestions will be entertained after the opening of the Commercial offer.
C Clarifications will be published in NICL's Corporate Website
https://nationalinsurance.nic.co.in as well as Central Public Procurement Portal,
https://eprocure.gov.in/cppp/ and GeM portal: https://gem.gov.in/
No other modes of communication will be used. Intending Bidders should check the
website frequently to get updates on any such changes. NICL reserves the right to cancel
the RFP at any time without incurring any penalty or financial obligation to any Bidder
or potential Bidder.
2.24 GT&C - Contract with NICL:
The successful Bidder will have to enter into a contract with National Insurance Company Ltd.
within 30 working days of issue of Purchase/Work Order in respect of
NICL/IT/RFP/08/2024/Advanced_Analytics. The format of the Contract is attached in the
respective Section 2.48 GT&C - Format of Contract between successful bidder and National
Insurance Company Limited (NICL). Failure to enter into Contract may result in cancellation of
the Purchase/Work Order/s and forfeiture of EMD/PBG.
2.25 GT&C – Contract Amendment:
No variation in the satisfaction of the terms of the Contract shall be made except by the written amendment
agreed and signed by the parties.
A If the Bidder fails to render services within the time period(s) specified in the Contract or any
extension period thereof granted by the Purchaser, or
B If the Bidder fails to perform any other obligations under the Contract
2.26 GT&C – Limitation of Liability:
Bidder’s aggregate liability for actual direct damages shall be limited to a maximum of the Contract
Value, provided that this limit shall not apply to (1) the infringement indemnity; or (2) bodily injury
(including death) and damage to real property and tangible personal property caused by Bidder’s
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negligence. Bidder shall not in any event be liable for any indirect or consequential damages, or for
loss of profit, business, revenue, goodwill, anticipated savings or data, or third party claims except
with respect to bodily injury (including death) and damage to real and tangible personal property
for which Bidder is legally liable. For the purposes of this Section, “Contract Value” at any given
point in time, means the aggregate value of Purchase/Work Orders placed by NICL on the Bidder
under this project.
2.27 GT&C - Governing Language:
The bid prepared by the Bidder and all correspondence and documents relating to the bids
exchanged by the Bidder and the Purchaser, shall be written in the English language, provided that
any printed literature furnished by the Bidder may be in any another language so long the same is
accompanied by an English translation in which case, for purposes of interpretation of the bid, the
English translation shall govern.
2.28 GT&C - Applicable Law:
This Agreement shall be construed, interpreted and applied in accordance with and shall be
governed by the laws applicable in India including applicable export and import laws. The courts
at Kolkata shall have the exclusive jurisdiction to entertain any dispute or proceeding arising out
of or in relation to this Agreement.
2.29 GT&C - Notices:
Any notice by one party to the other pursuant to the Contract shall be sent in written format by
email and confirmed in writing to the address specified for that purpose in the Contract.
2.30 GT&C – Indemnity:
A The Bidder shall, at its own expense, defend and indemnify NICL against all third party claims
for infringement of patent, trademark, design or copyright arising from use of products or any
part thereof supplied by Bidder. Bidder will provide infringement remedies and indemnities
for third party products, on a pass through basis. The Bidder shall expeditiously extinguish any
such claims and shall have full rights to defend it there from. If NICL is required to pay
compensation to a third party resulting from such infringement, the Bidder shall be fully
responsible to pay such compensation along with all costs, damages and attorney’s fees and
other expenses that a court may finally awards, in the event of the matter being adjudicated by
a court or that be included in a Bidder approved settlement. NICL will issue notice to the
Bidder of any such claim without delay and provide reasonable assistance to the Bidder in
disposal of such claim, and shall at no time admit to any liability for, or express any intent, to
settle the claim. The Bidder shall also reimburse all incidental costs, which NICL incurs in this
regard.
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B In the event of the Bidder not fulfilling its obligations under this clause within the period
specified in the notice issued by NICL, NICL has the right to recover the amounts due to it
under this provision from any amount payable to the Bidder under this project.
C The indemnities under this clause are in addition to and without prejudice to the indemnities
given elsewhere in this agreement.
NICL may assign the Services provided therein by the Bidder in whole or as part of a corporate
reorganization, consolidation, merger, or sale of substantially all of its assets. NICL shall have the
right to assign such portion of the services to any of the sub-contractors, at its sole option, upon the
occurrence of the following: (i) Bidder refuses to perform; (ii) Bidder is unable to perform; (iii)
termination of the contract with the Bidder for any reason whatsoever; (iv) Expiry of the contract.
Such right shall be without prejudice to the rights and remedies, which NICL may have against the
Bidder. The Bidder shall ensure that the said subcontractors shall agree to provide such services to
NICL at no less favorable terms than that provided by the Bidder and shall include appropriate
wordings to this effect in the agreement entered into by the Bidder with such sub-contractors. The
assignment envisaged in this scenario is only in certain extreme events such as refusal or inability
of the Bidder to perform or termination/expiry of the contract.
2.33 GT&C - Sub-contractor:
Consortium/sub-contracting/partnership is allowed subject to formal agreement with the partner for
providing these services. However, the primary bidder will remain the principal point of contact for
NICL and will also be responsible for the entire scope of work, service delivery and SLA as far as
NICL is concerned. Primary bidder must be successfully running or have completed at least one
project with the consortium partner in the last 3 years.
2.34 GT&C - Force Majeure:
A Notwithstanding the provisions contained herein the Bidder shall not be liable for liquidated
damages or termination for default, if and to the extent that its’ delay in performance or other
failure to perform its obligations under the Contract is the result of an event of Force Majeure.
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B For the purpose of this clause “Force Majeure” means an event beyond the control of the Bidder
and not involving the Bidder’s fault or negligence and not foreseeable. Such events may
include, but are not restricted to, acts of the purchaser, in the contractual capacity, wars or
revolution, fires, floods, epidemic, quarantine restrictions and freight embargoes.
C If a Force Majeure situation arises, the Bidder shall promptly notify the Purchaser in writing of
such condition and the cause thereof. Unless otherwise directed by the Purchaser in writing the
Bidder shall continue to perform their obligations under the Contract as far as reasonably
practicable, and shall adopt all reasonable alternative means for performance not prevented by
Force De Majeure clause.
D In case of any delay in performance of the scope of work, due to Force Majeure event, the
timeline for such work shall automatically get extended for such period, affected due to Force
Majeure event.
2.35 GT&C - Exit Management:
Exit Management shall involve the complete handover of the project to the team identified by NICL,
which would take care of the project operations after the tenure of the Bidder ends after 5 years or,
in case of termination of contract. Exit Management Plan has to be submitted by the Bidder and
approved by the concerned stakeholders. Exit procedure needs to be carried out as per NICL
approved Exit Management Plan.
Exit Management Plan would include transfer of Intellectual property (where applicable), transfer of
assets including information assets, knowledge transfer (As-Built, HLD, LLD documents etc.), and
smooth transition to the new team selected by NICL.
The Bidder shall provide an exit management plan ("Exit Management Plan/Exit Plan") which shall
deal with at least the mentioned aspects of exit management in relation to the Contract as a whole
and in relation to the Project, and the SLA, within 180 days (six months) of signing of Contract.
Any extension required because of the exit management process, will be as per the commercials
of the original Purchase/Work Order.
2.36 GT&C - Obligation:
The entire responsibility of the Delivery, Integration, Support, Maintenance, Manpower and all
related activities in respect of NICL/IT/RFP/08/2024/Advanced_Analytics lies with the Bidder on
whom the Purchase/Work Order is placed and with whom the Contract is signed. The Bidder would
be responsible and bear the additional cost (if any), incurred by the Purchaser on account of the
above-mentioned obligations.
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2.37 GT&C – Compliance:
Compliance with all applicable laws: The Bidder shall undertake to observe, adhere to, abide
A
by, comply with and notify NICL about all laws in force or as are or as made applicable in
future, pertaining to or applicable to them, their business, their employees or their obligations
towards them and all purposes of this RFP, Document -
NICL/IT/RFP/08/2024/Advanced_Analytics and shall indemnify, keep indemnified, hold
harmless, defend and protect NICL and its employees/officers/staff/personnel/representatives
/agents from any failure or omission on its part to do so and against all claims or demands of
liability and all consequences that may occur or arise for any default or failure on its part to
conform or comply with the above and all other statutory obligations arising there from.
Bidder agrees that it will abide by the provisions of the DPDP Act, 2023 - 11th August, 2023;
CG-DL-E-12082023-248045 as and when the relevant rules and guidelines come into force.
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2.40 GT&C - Personnel:
Bidder shall, at all times, be solely responsible for the acts/omissions of its employees, agents,
and representatives, deputed by the Bidder to provide Services under this Agreement and/or any
Scope of Work (collectively referred to as “Personnel” or, “Resources”. Bidder shall ensure that
Personnel who visit or are deputed at the office/location of the bidder or office/location provided
by NICL to provide the Services:
a. are at all times at their best behavior and adhere to the policies and procedures of NICL
and the relevant authority;
b. should at all times carry on his/her person, a valid identity card, which shall be issued by
the Bidder; and
c. should conduct themselves in the most orderly manner, maintain perfect discipline and
shall not in any manner cause any interference, annoyance, nuisance, obstruction or any
difficulty to the Purchaser or its employees at the office/location of NICL or elsewhere.
d. Bidder hereby agrees that in case NICL and/or any authority raise any objection to any
Personnel; then the Bidder shall immediately remove such Personnel from the office/location
of NICL, as the case may be, and replace such Personnel by other Personnel suitable to NICL.
Similarly, in case any Personnel is unavailable to perform the Services, for any reason
whatsoever, the Bidder shall forthwith or in any event provide a replacement with the required
qualifications within timelines mutually agreed upon between the Parties, in writing, on a case
to case basis. In both cases, the Bidder shall ensure that NICL does not face any disruption or
stoppage of work due to unavailability of any replacement.
e. Bidder shall ensure that Personnel do not indulge in unlawful activities, including but not
limited to theft and/or any unauthorized use of any property or information or data of NICL
and/or any third party and shall not tamper with such information/data. In case of any
loss/damage caused to NICL, due to any unlawful activity of the Bidder and/or its Personnel;
then without prejudice to any rights and remedies available to NICL, under this Agreement
and/or any applicable law, the Bidder shall be liable to make good such loss/damage to NICL.
f. Bidder shall, at all times, be solely liable and responsible for the safety of its Personnel and
NICL shall have no liability or responsibility towards the same.
g. Bidder agrees that Personnel shall be subject to and shall at all times conform to NICL’s
and the relevant authority’s requirements and policies, in order to protect the
office(s)/location(s), services etc. Any violations and disregard to these requirements shall be
a cause of denial of access to such Personnel into NICL office/location, even for providing
the Services. Bidder shall ensure that its Personnel exercises due care and diligence to prevent
any injury to person or damage to the property while on NICL’s office/location and it shall be
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fully responsible and liable to NICL for any damages caused by its Personnel. Bidder shall
ensure that the facilities, if any, provided by NICL for use by the Personnel are utilized with
an appropriate degree of care and attention.
h. Bidder shall, whenever NICL instructs so in writing, promptly, without demur or protest,
handover and return any material, documents and systems that NICL may have provided to it.
NICL shall not be required to assign any reason for any such instructions. In the event the said
materials are found to be damaged, the Bidder shall make good the loss so suffered by NICL
due to the damage caused to the materials/systems.
i. Bidder shall at all times carry and provide for adequate and sufficient insurance cover
against all legal liability for loss or damage to material property or bodily injury or death to
the Personnel arising out of or in consequence of performance of its obligations under this
Agreement and against all actions, claims, demands, costs and expenses in relation thereto.
j. Bidders shall ensure that only those Personnel are deployed to provide Services who have
cleared the background checks, especially in cases where such Personnel are required to be
deployed at the NICL premises /locations. Further, the Bidder hereby expressly undertakes
that the Bidder shall be solely liable, accountable and responsible for:
● making good any loss or damage that NICL may suffer on account of or in relation
with any act or omission of the Bidder and/or its Personnel; and/or
● Any action/sanction/penalty imposed by any relevant authority on NICL for any
reason attributable to the Bidder and/or its Personnel.
2.41 GT&C – Compliance with NICL’s Information Security Policy/ies:
Prior to Bidder deploying any of it Personnel or engaging any person to perform Services for NICL;
the Bidder shall, at a minimum, with respect to each such Personnel comply with NICL’s Information
security policy/ies (ISP/s), as may be amended from time to time. Bidder hereby acknowledges that
it has received a copy of the current ISP/s simultaneously with the execution of the Agreement.
Bidder shall not assign any Personnel to perform the Services under this Agreement who does not
comply with the provisions of the ISP/s. NICL shall have the right to audit Bidder’s books and
records/facilities / location / places prepared or kept in connection with the Services at all reasonable
times and places to ensure compliance with the ISP/s, to the extent applicable.
2.42 GT&C – Risk Title:
The Risk, Title, Ownership of the products matching the Technical Specifications and delivered by
the Bidder following issuance of Purchase/Work Order, shall be transferred to NICL upon delivery
and receipt by authorized official of NICL. Bidder should ensure that such Receipt is signed, stamped
and dated, at respective location of delivery.
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NICL reserves the right to use the licenses supplied by the Bidder for any internal use of NICL or
its affiliates, or subsidiaries at no additional cost other than the prices mentioned in the commercial
bid. The Bidder agrees that they do not have any reservations on such use and will not have any
claim whatsoever against such use of the hardware, licenses and infrastructure.
Further the Bidder also agrees that such use will not infringe or violate any license or other
requirements
2.43 GT&C - Principal to Principal Liability
The employees engaged by the Bidder shall be deemed to be the employees of Bidder only, and the
NICL shall not be connected with the employment or the terms and conditions thereof in any way.
The Bidder alone would comply with the statutory obligations and Labour Regulations/ Rules in
this regard. None of the terms of this Agreement shall be deemed to constitute a partnership or joint
venture or employer-employee relationship between the parties hereto, and neither party shall have
authority to bind the other except as specifically provided for hereunder. Neither party hereto is the
agent of the other nor is there any master–servant relationship between the parties. The relationship
is on a principal to principal basis.
The Bidder shall be responsible for payments of all statutory dues with respect to each of his
personnel/employees engaged by him to render service under this Agreement with respect to
each applicable/extant labor law, including but not limited to, the Minimum Wages Act, 1948,
The Payment of Wages Act, 1936, The Payment of Bonus Act, 1965, Code on Wages, 2019 as
and when is notified by Government, The Employees’ State Insurance Act, 1948, The
Payment of Gratuity Act, 1972, The Maternity Benefit Act, 1961, The Employees’ Provident
Funds and Miscellaneous Provisions Act, 1952, etc. No dues/contributions under any labor
legislations as applicable, remain payable with respect to his personnel/employees. The
Bidder shall have no claims whatsoever against the NICL with respect to payment of statutory
dues/contributions to its personnel/employees under applicable labor
legislations/rules/regulations.
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Managing user creation, assignment of new User ID (User Identification)/password, role
assignments, and activity monitoring.
Closure of VAPT gaps as well as vulnerabilities as and when notified by OEM, CERT’s
and other information security advisories as shared by NICL SOC Team
Compliance, including the approach to maintaining compliance with law, standards, best
practices and NICL‘s enterprise security requirements:
(1) Compliance with NICL requirements / Regulatory Compliance The bidder will
ensure that its Personnel comply with:
All relevant security and other requirements specified in NICL‘s Information
Security Policy
Any other security related incidents /procedures or requirements notified, in
writing, by NICL to the bidder. The bidder must comply with such a security
procedure or requirement, from the date specified in the notice, or if none is
specified, within five Business Days of receipt of the notice.
Any regulatory guidelines about Information/Cyber security issued by the
Regulator, other agencies of the Government of India.
Right to Audit: The Bidder may be subject to annual audit by internal/ external Auditors
appointed by the NICL / IRDAI or any regulatory authority.
Note: Prior to Supplier deploying any of it Personnel or engaging any person to perform Services
for NIC; the Supplier shall, at a minimum, with respect to each such Personnel comply
with NICL’s Information security policy/ies (ISP/s), as may be amended from time to time.
Supplier hereby acknowledges that it has received a copy of the current ISP/s simultaneously with
the execution of this Agreement. Supplier shall not assign any Personnel to perform the Services
under this Agreement who does not comply with the provisions of the ISP/s. NICL shall have the
right to audit Supplier’s books and records/facilities / location / places prepared or kept in
connection with the Services at all reasonable times and places to ensure compliance with the ISP/s,
to the extent applicable.
Explanatory: The Right to Audit is to the extent applicable is in respect of Supplier’s books and
records/facilities / location / places prepared or kept in connection with the Services (offered
under Scope of this RFP) at all reasonable times and places to ensure compliance with the ISP/s,
a. Keep confidential, all Confidential Information disclosed by the Disclosing Party, during
the Term of this Agreement and for a 10 year period following the termination of this
Agreement;
b. Use the Confidential Information disclosed by the Disclosing Party solely in connection
with performing its obligations or exercising its rights and not otherwise for its own benefit
or the benefit of any third party; and
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c. Not disclose the Confidential Information disclosed by the Disclosing Party to any
person, other than a director, officer, employee or professional advisor of a Party, Bidder
Group Company, or Purchaser Group Company to any authority, statutory or otherwise to
whom disclosure of Confidential Information is not necessary for performance of obligations
or exercise of rights in connection with this Agreement.
Receiving Party shall ensure that each person to whom it discloses Confidential Information
complies with confidentiality provisions no less onerous than those contained in this section, and
will remain liable for any disclosure of Confidential Information by each such person as if it makes
such disclosure.
Receiving Party shall, on the Disclosing Party’s request, destroy, erase or deliver to the Disclosing
Party all of the Disclosing Party’s Confidential Information, save where the retention of such
Confidential Information is necessary to comply with Applicable Law or otherwise for the other
Party to exercise its rights or receive benefits due under this Agreement.
Bidder and the Purchaser both agree that the provisions shall not apply to any information which
the Receiving Party can prove:
(ii) Was in the possession of Receiving Party without restriction in relation to disclosure
before the date of receipt from Disclosing Party;
(iii) Is received from a third party who lawfully acquired it and who was under no obligation
restricting its disclosure; or
(iv) Was independently developed, without access to any Confidential Information disclosed
by the Disclosing Party.
Bidder and the Purchaser both agree that these provisions shall not apply so as to prevent
disclosure of Confidential Information by the Receiving Party to the extent that such disclosure is
required to be made by any authority of competent jurisdiction or by any Applicable Law,
provided that the Receiving Party:
(i) Gives the Disclosing Party reasonable formal written notice (provided that this is not in
contravention of Applicable Law), prior to such disclosure to allow the Disclosing Party a
reasonable opportunity to seek a protective order; and
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(ii) Uses reasonable endeavors to obtain prior to the disclosures, written assurance from the
applicable entity that it will keep the Confidential Information confidential.
Note:
1. The Bidder shall not publish or disclose in any manner, without NICL’s prior written
consent, the details of any security safeguards designed, developed, or implemented
by the Bidder under this contract or existing at any NICL location.
2. The Bidder should take appropriate technical and managerial control to ensure the
privacy of NICL Customer data
3. The bidder should submit the signed Confidentiality/NDA format as per Annexure 9
–Confidentiality/Nondisclosure Agreement.
4. If Indian government demand is received for any data, the process mentioned below
has to be followed:
⮚ Disclosure of data of any kind on legal/statutory compulsion should be done only
after obtaining concurrence from NICL.
⮚ Resist illicit demands that are invalid which are not permitted by the Indian
Government or Indian IT Law or any other Indian Regulatory Authorities.
⮚ Any publicity by the Bidder in which the name of NICL is to be used should be done
only with the explicit written permission of NICL.
2.46 GT&C - Arbitration Clause:
If any dispute or difference shall arise, such difference shall independently of all other questions be
referred to the decision of a sole arbitrator to be appointed in writing by the parties or if they cannot
agree upon a single arbitrator within 30 days of any party invoking arbitration, the appointment shall
be made upon request by a party, by the Chief Justice of the High Court at Calcutta, or any person
or institution designated by him in accordance with the provisions of the Arbitration and Conciliation
Act, 1996 as amended or re-enacted from time to time. It shall be a condition precedent to any right
of action or suit upon the Contract that award by such arbitrator/arbitrators of the amount of the loss
or damage shall be first obtained. The seat of such arbitration shall be at Kolkata.
2.47 GT&C - Outsourcing Agreement:
The contract between Bidder and National Insurance Company Limited (NICL/Purchaser), inter
alia, shall be deemed to be included the following conditions listed below:-
1. Express Clause: The contract shall neither prevent nor impede the company from
meeting its respective regulatory obligations, nor the IRDAI from exercising its regulatory
powers of conducting inspection, investigation, obtaining information from either the company
or the Bidder.
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2. Handing over of the Data, Assets etc.: In case of termination of the contract, the Bidder
is responsible for handing over of the data, assets (hardware/software) or any other relevant
information specific to the contract and ensure that there is no further use of the same by the
Bidder.
3. Inspection and Audit by the company: The Company may conduct periodic inspection
or audit on the Bidder either by internal auditors or by Chartered Accountant firms appointed
by the Company to examine the compliance of the outsourcing agreement while carrying out
the activities outsourced.
4. Legal and Regulatory Obligations: The Bidder shall ensure that the outsourcing
contract/ arrangements do not:-
● Diminish the Company’s ability to fulfill their obligations to Policyholders and the
IRDAI.
● Impede effective supervision by the IRDAI.
● Result in Company’s internal control, business conduct or reputation being
compromised or weakened.
5. Applicability of the laws/regulations: The Regulations apply irrespective of whether the
outsourcing arrangements are entered into with an affiliated entity within the same group as
the Company, or an outsourcing Bidder external to the group or the one who has been given
sub-contract. The Outsourcing Agreement shall not diminish the obligations of the Company
and its Board and Senior Management to comply with the relevant law/s and regulations. The
Bidder engaged by the company is subject to the provisions of the Insurance Act 1938, IRDA
Act 1999, rules and regulations and any other order issued thereunder.
In case, the Bidder operates from outside India, it shall ensure that the terms of the agreement are
in compliance with respective local regulations governing the Bidder and laws of the country
concerned and such laws and regulations do not impede the regulatory access and oversight by
the Authority.
2.48GT&C - Format of Contract between successful bidder and National Insurance Company
Limited (NICL)
FORMAT FOR CONTRACT BETWEEN BIDDER AND NATIONAL INSURANCE
COMPANY LIMITED (NICL)
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WHEREAS the Bidder is in the business of a) Advanced Analytics Solutions AND WHEREAS the
Purchaser intends to Procure b) Advanced Analytics Solutions and associated Services and has
explained to the Bidder the purposes and uses for which the procurement is being made.
AND WHEREAS the Bidder has assured that the Solution in respect of “b” as mentioned above
which they would supply would be fit for the purposes of the Purchaser and has been agreed to
relieve the “PURCHASER” from the Principle of “CAVEAT EMPTOR” being the Purchaser is a
mere consumer hereby it is better to rely on BIDDER as to the fulfillment of the purpose/s of the
purchase/procurement and/or installation and maintenance.
AND WHEREAS the Purchaser invited bids from Bidders for submitting bids for supply of all the
mentioned in the Purchaser’s Invitation in the RFP Document and in RFP No.
NICL/IT/RFP/08/2024/Advanced_Analytics, containing broad terms and conditions, for the
supply, installation, commissioning, maintenance etc. as detailed in the RFP document.
AND WHEREAS the Bidder submitted a bid and bids were submitted by some other Bidders.
AND WHEREAS out of the several bids when opened the Purchaser found the price quoted by the
Bidder for NICL/IT/RFP/08/2024/Advanced_Analytics to be eligible to be awarded the contract.
AND WHEREAS the Purchaser would place orders on the Bidder for the purchase as mentioned
in the RFP Document, RFP No. NICL/IT/RFP/08/2024/Advanced_Analytics and in the
bid/offer Papers on the terms, conditions and specifications mentioned therein and in the
Purchase/Work Order issued on __________ 20__.
AND WHEREAS the parties herein intend to set out the terms and conditions for such purchase
and maintenance and matters connected therewith and to define the mutual rights and obligations
of the parties herein.
NOW THESE PRESENTS WITNESSETH and the parties herein agree as follows:
1. Scope:
The RFP Document, RFP No. NICL/IT/RFP/08/2024/Advanced_Analytics, along with
Corrigendum and Addendums and the bid/offer documents will form part of and shall be
deemed to have been incorporated in these presents but in case of any conflict between any term
in the said documents and in these presents the term of these presents will have overriding effect
and the said documents have to be read and will have effect subject to these presents.
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i) Prevention of Corruption: Each Party shall comply with all Applicable Laws relating to
bribery and corruption and shall not do, or omit to do, any act that will cause the other Party
to be in breach of any such Applicable Law, and in doing so: (i) shall not give or receive any
bribes, including in relation to any public official; and (ii) shall maintain an effective anti-
bribery compliance regime, that monitors compliance and detects violations.
ii) Notices: For the purpose of all notices, the address of the Bidder and the Purchaser shall
be those given in the beginning of these presents.
As the Purchaser’s Registered Head Office is situated within the Jurisdiction of the High Court at
Calcutta all disputes and differences are subject to the Jurisdiction of The Calcutta High Court.
3. Compliance with Terms and Conditions: The Bidder will comply with all the Terms and
Conditions given in this RFP Document, RFP No. NICL/IT/RFP/08/2024/Advanced_Analytics
and the Corrigendum, Addendums in respect of the same and in line with its bid and Offer. The
Service Level Agreement and the Purchase/Work Order shall be deemed to form and be read and
construed as part of this Contract.
IN WITNESS WHEREOF the parties hereto have executed these presents on the day, month and
year first above written.
In presence of Shri/Smt.________________________________________
In presence of Shri/Smt.________________________________________
In presence of Shri/Smt.________________________________________
In presence of Shri/Smt.________________________________________
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On non-judicial stamp paper
INTEGRITY PACT
Between
National Insurance Company Limited (NICL) hereinafter referred to as “The Principal"
And
_______________________________hereinafter referred to as "The Bidder/ Contractor”
Preamble
The Principal intends to award, under laid down organizational procedures, the contract for the
Implementation of Advanced Analytics Solution. The Principal values full compliance with all
relevant laws of the land, rules, regulations, economic use of resources and of fairness/ transparency
in its relations with its Bidder(s) and/or Contractor(s).
In order to achieve these goals, the Principal will appoint Independent External Monitors (IEMs) who
will monitor the tender process and the execution of the contract for compliance with the principles
mentioned above.
1. The Principal commits itself to take all measures necessary to prevent corruption and to
observe the following principles:
a. No employee of the Principal, personally or through family members, will in connection with
the tender for, or the execution of a contract, demand, take a promise for or accept, for self or
third person, any material or immaterial benefit which the person is not legally entitled to.
b. The Principal will, during the tender process, treat all Bidder(s) with equity and reason. The
Principal will in particular, before and during the tender process, provide to all Bidder(s) the
same information and will not provide to any Bidder(s) confidential / additional information
through which the Bidders could obtain an advantage in relation to the tender process or the
contract execution.
c. The Principal will exclude from the process all known prejudiced persons.
2. If the Principal obtains information on the conduct of any of its employees which is a criminal
offense under the IPC/PC Act, or if there be a substantive suspicion in this regard, the Principal will
inform the Chief Vigilance Officer and in addition can initiate disciplinary actions.
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Section 2- Commitments of the Bidder(s)/ Contractor(s)
1. The Bidder(s)/ Contractors(s) commit themselves to take all measures necessary to prevent
corruption. The Bidder(s)/ Contractors(s) commit themselves to observe the following principles
during participation in the tender process and during the contract execution:
a. The Bidder(s)/ Contractors(s) will not, directly or through any other person or firm, offer,
promise or give to any of the Principal's employees involved in the tender process or the execution
of the contract or to any third person any material or other benefit which he/she is not legally
entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender
process or during the execution of the contract.
b. The Bidder(s)/ Contractors(s) will not enter with other Bidders into any undisclosed
agreement or understanding, whether formal or informal. This applies in particular to prices,
specifications, certifications, subsidiary contracts, submission or non-submission of bids or any
other actions to restrict competitiveness or to introduce cartelization in the bidding process.
c. The Bidder(s)/ Contractors(s) will not commit any offense under the relevant IPC/PC Act,
further the Bidder(s)/ Contractor(s) will not use improperly, for purposes of competition or
personal gain, or pass on to others, any information or document provided by the Principal as part
of the business relationship, regarding plans, technical proposals and business details, including
information contained or transmitted electronically.
d. The Bidder(s)/ Contractors(s) of foreign origin shall disclose the name and address of the
Agents/ representatives in India, if any. Similarly the Bidder(s)/Contractor(s) of Indian Nationality
shall furnish the name and address of the foreign principals, if any.
e. The Bidder(s)/ Contractor(s) will, when presenting their bid, disclose any and all payments
made, committed to or intended to make to agents, brokers or any other intermediaries in
connection with the award of the contract.
f. Bidder(s)/Contractor(s) who have signed the Integrity Pact shall not approach the Courts
while representing the matter to IEMs and shall wait for their decision in the matter.
2. The Bidder(s)/ Contractor(s) will not instigate third persons to commit offenses outlined
above or be an accessory to such offenses.
Section 3 - Disqualification from tender process and exclusion from future contracts
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If the Bidder(s)/Contractor(s), before award or during execution has committed a transgression
through a violation of Section 2, above or in any other form such as to put their reliability or credibility
in question, the Principal is entitled to disqualify the Bidder(s)/Contractor(s) from the tender process..
1. If the Principal has disqualified the Bidder(s) from the tender process prior to the award
according to Section 3, the Principal is entitled to demand and recover the damages equivalent to
Earnest Money Deposit/ Bid Security.
2. If the Principal has terminated the contract according to Section 3, or if the Principal is
entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and
recover from the Contractor liquidated damages of the Contract value or the amount equivalent to
Performance Bank Guarantee.
1. The Bidder declares that no previous transgressions occurred in the last three years with any
other Company in any country conforming to the anti-corruption approach or with any Public Sector
Enterprise in India that could justify his exclusion from the tender process.
2. If the Bidder makes an incorrect statement on the subject, he can be disqualified from the
tender process.
1. In case of Subcontracting (only, if allowed in writing by the Principal, refer Section – 2.36),
the Principal Contractor shall take the responsibility of the adoption of Integrity Pact by the Sub-
contractor.
2. The Principal will enter into agreements with identical conditions as this one with all Bidders
and Contractors.
3. The Principal will disqualify from the tender process, all Bidders who do not sign this Pact
or violate its provisions.
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constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will
inform the same to the Chief Vigilance Officer.
1. The Principal appoints competent and credible Independent External Monitor for this Pact
after approval by Central Vigilance Commission. The task of the Monitor is to review independently
and objectively, whether and what extent the parties comply with the obligations under this agreement.
2. The Monitor is not subject to instruction by the representatives of the parties and performs
his her functions neutrally and independently. The Monitor would have access to all Contract
documents, whenever required. It will be obligatory for him / her to treat the information and
documents of the Bidder(s)/ Contractor(s) as confidential. He/ she reports to the Chairman Cum
Managing Director, NICL.
3. The Bidder(s)/Contractor(s), accepts that the Monitor has the right to access without
restriction to all Project documentation of the Principal including that provided by the Contractor. The
Contractor will also grant the Monitor, upon his/her request and demonstration of a valid interest,
unrestricted and unconditional access to the project documentation. The same is applicable to
Subcontractors.
4. The Monitor is under contractual obligation to treat the information and documents of the
Bidder(s)/Contractor(s)/ Sub-contractor(s) with confidentiality. The Monitor has also signed
declarations on ‘Non-Disclosure of Confidential Information’ and of ‘Absence of Conflict of Interest’.
In case of any conflict of interest arising at a later date, the IEM shall inform Chairman Cum Managing
Director, NICL and recuse himself / herself from that case.
5. The Principal will provide to the Monitor sufficient information about all meetings among
the parties related to the Project provided such meetings could have an impact on the contractual
relations between the Principal and the Contractor. The parties offer to the Monitor the option to
participate in such meetings.
6. As soon as the Monitor notices, or believes to notice, a violation of this agreement, he/she
will inform the Management of the Principal and request the Management to discontinue or take
corrective action or to take other relevant action. The monitor can in this regard submit non-binding
recommendations. Beyond this, the Monitor has no right to demand from the parties that they act in a
specific manner, refrain from action or tolerate action.
7. The Monitor will submit a written report to the Chairman Cum Managing Director, NICL
within 8 to 10 weeks from the date of reference or intimation to him by the Principal and should the
occasion arise, submit proposals for correcting problematic situations.
8. If the Monitor has reported to the Chairman Cum Managing Director, NICL, a substantiated
suspicion of an offense under relevant IPC PC Act, and the Chairman Cum Managing Director, NICL
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has not within the reasonable time taken visible action to proceed against such offense or reported it
to the Chief Vigilance Officer, the Monitor may also transmit this information directly to the Central
Vigilance Commissioner.
The Principal has appointed the following independent external monitors for this project.
This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after
the last payment under the contract, and for all other Bidders 6 months after the contract has been
awarded. Any violation of the same would entail disqualification of the Bidders and exclusion from
future business dealings.
If any claim is made / lodged during this time, the same shall be binding and continue to be valid
despite the lapse of this pact as specified above, unless it is discharged / determined by Chairman
Cum Managing Director of NICL.
1. This agreement is subject to Indian Law. Place of performance and jurisdiction is Registered
Office of the Principal, i.e. Kolkata.
2. Changes and supplements as well as termination notices need to be made in writing. Side
agreements have not been made.
3. Should one or several provisions of this agreement turn out to be invalid, the reminder of this
agreement remains valid. In this case, the parties will strive to come to an agreement to their original
locations.
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4. Issues like Warranty/ Guarantee etc. shall be outside the purview of IEMs.
_____________________________ _____________________________
(For and on behalf of the Principal) (For and on behalf of the Bidder/ Contractor)
Witness 1: Witness 1:
(Name & Address) (Name & Address)
___________________________ ______________________________
___________________________ ______________________________
___________________________ ______________________________
Witness 2: Witness 2:
(Name & Address) (Name & Address)
___________________________ ______________________________
___________________________ ______________________________
___________________________ ______________________________
Dear Sir,
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involved in the consultancy contract to which this procurement is linked; nor we are part of more
than one bid in the procurement; nor our bidding firm or our organization personnel have
relationships or financial or business transactions with any official of Procuring Entity i.e. M/s
National Insurance Company Limited who are directly or indirectly related to the tender or
execution process of contract; nor have access to information to gain unfair advantage in the
procurement process. We, also confirm that:
1. We, ………………………………………………………… or our constituent do not have
common controlling shareholding or other ownership interest
2. Any constituent of us…………………………………………………………is not a
constituent of another Bidder.
3. We, ………………………………………………………… do not have the same legal
representation with any other Bidder for the purpose of the bid.
4. We, ………………………………………………………… do not have any relationship
with any other Bidder that puts us in a position to allow access to each other’s information
or to influence the bid of any other Bidder.
5. We,…………………………………………………………have not participated in
preparation of any document, design or technical specification for the project.
Signature of Bidder
Dated :
Place :
Seal :
Dear Sir,
We have done the feasibility assessment and we will be providing the required services as
mentioned in the RFP Scope.
Signature of Bidder
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Dated :
Place :
Seal :
2.52 GT&C - Performance Bank Guarantee:
FORMAT FOR PERFORMANCE BANK GUARANTEE
To
NATIONAL INSURANCE COMPANY LIMITED
Head Office: Premises No.18-0374,
Plot No. CBD-81, New Town,
Kolkata-700156
Dear Sirs,
In consideration of your having placed Purchase/Work Order for purchase of items as per RFP:
NICL/IT/RFP/08/2024/Advanced_Analytics with ………………………………………… and
your agreeing to pay the aforesaid M/s.
………………………………………………………………………………………………………
…………………………………………… (hereinafter referred to as ‘The Bidder’ and shall include
his heirs, successors and permitted assigns) a sum of Rs……………………
(Rupees………………………….) as and by way of payment in terms of the Contract/Supply
Order/Purchase/Work Order No/s. ……………..………….. Dated …………. with you (hereinafter
referred to as ‘PO’) on your agreeing to furnish to you with our guarantee in the manner hereinafter
contained, we …………………………….…….. (Bankers Name) located at
………………………………..with registered office at …………………………………
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as aforesaid by reason of any default or defaults on the part of the Bidder in the due configuration of
Plans / services for carrying out any work or discharging Bidder’s obligation as per the said contract
in the observance and performance of any of the terms and conditions relating thereto in accordance
with the true intent and meaning thereof and in the event of any default or defaults on the part of the
Bidder as aforesaid we shall forthwith on demand and without demur pay to NICL any sum not
exceeding in the total the said sum of Rs. …………….. (Rupees ………………………………..)
As may be claimed by NICL to be due from the Bidder by way of refund of such payment or any
portion or otherwise as NICL’s losses and / or damages, costs charges or expenses incurred by reason
of such default or defaults on the part of the Bidder as aforesaid.
Notwithstanding anything to the contrary, NICL’s decision as to whether the Bidder has made any
such default or defaults and the amount or amounts to which NICL is entitled by reasons thereof will
be binding on us and we shall not be entitled to ask NICL to establish their claim or claims under
this guarantee, but will pay the same forthwith on NICL’s demand without any protest or demur.
This guarantee shall continue and hold good until it is released by NICL on the applications by the
Bidder after completion of delivery of goods / services / terms and conditions at site provided that
this guarantee shall in no event remain in force after the day of ………………….. Without prejudice
to NICL’s claim or claims arisen and demanded from or otherwise notified to us in writing on or
before the seventh day after the said date of expiry of the guarantee which will be enforceable against
us notwithstanding that the same is or not enforced after the said date.
Should it be necessary to extend this guarantee on account of any reason whatsoever, we undertake
to extend the period of this agreement till such time with the Bidder’s consent on the request by
NICL, provided the terms and conditions relating to the extension of the Guarantee are satisfied.
NICL will have the fullest liberty without affecting this guarantee, either to vary, or to modify and
to revoke any of the terms and conditions of the said PO or to extend the time of performance of the
Bidder or to postpone for any time or from time to time any of NICL's rights or powers against the
Bidder and either to enforce or to forbear to enforce any of the terms and conditions of the said PO
and we shall not be released from our liability under this guarantee by the exercise of NICL's liberty.
With reference to matters aforesaid or by reason of any time being given to the Bidder, or any other
forbearance, act or omission on NICL's part or any indulgence by NICL to the Bidder or by any
variation or modification of the said PO or any other act, matter or things whatsoever, which under
the law relating to sureties, would but for the provisions hereof, have the effect of so releasing us
from our liability hereunder provided always nothing herein contained will enlarge our liability
hereunder beyond the limit of Rs. ……………. (Rupees……………………………..) As aforesaid
or extend the period of the guarantee beyond the said day of …………….. Unless expressly agreed
to by us in writing.
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This guarantee shall not in any way be affected by NICL's taking or varying or giving up any
securities from the Bidder or any other person, firm or company on their behalf or by winding up,
dissolution, insolvency or death as the case may be of the Bidder or his company/firm.
In order to give full effect to the guarantee herein contained, NICL shall be entitled to act as if we
were your principal debtors in respect of all NICL’s claims against the Bidder hereby guaranteed by
us as aforesaid.
Subject to the maximum limit of our liability as aforesaid, this guarantee will cover all NICL’s claim
or claims against the Bidder from time to time arising out of or in relation to the said PO and in
respect of which NICL’s claim in writing is lodged on us on or before the seventh day after expiry
of this guarantee.
Any notice by way of demand or otherwise hereunder may be sent by special courier, telex, fax,
email or registered post to our local address as aforesaid and if sent by post, it shall be deemed to
have been lodged / given / submitted when the same is posted.
This guarantee and the powers and provisions herein contained, are in addition to and not by way of
limitation of or substitution for any other guarantee or guarantees hereto before given to NICL by us
and now existing un-cancelled and that this guarantee is not intended to and shall not revoke or limit
such guarantee or guarantees.
This guarantee shall not be affected by any change in the constitution of the Bidder or us nor shall it
be affected by any change in your constitution or by amalgamation or absorption thereof or therewith
but will ensure to the benefit of and be available to and enforceable by the absorbing or amalgamated
company or concern.
This guarantee shall come into force on ____________ and shall not be revoked by us whether before
it’s coming into force or any time during its currency without NICL’s prior consent in writing.
We further agree and undertake to pay to NICL the amount demanded by NICL in writing
irrespective of any dispute or controversy between NICL and the Bidder.
Notwithstanding anything contained hereinabove our liability under this agreement is restricted to
Rs …… (Rupees …………………………………..) . Unless a written claim is lodged on us for
payment under this guarantee within seven days of the date of expiry of this guarantee i.e. on or
before …………….. all NICL's rights under this guarantee shall be forfeited and we shall be deemed
to have been released and discharged from all liabilities thereunder, irrespective of whether or not
the original guarantee is returned to us, discharged.
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We have power to issue this guarantee in NICL’s favor under the Memorandum and Articles of
Association of our Bank and the undersigned has full power to execute this guarantee under the
Power of Attorney granted to him by the Bank.
(BANKER’S NAME)
Business Office Manager
(Banker’s seal)
Address………………………………
………………………………
P.S.: The amount referred to above will be as per the terms of payment specified
2.53 GT&C - Format for EMD/Bid Security:
To
NATIONAL INSURANCE COMPANY LIMITED
Head Office: Premises No.18-0374,
Plot No. CBD-81, New Town,
Kolkata-700156
Dear Sir,
Whereas ______________________ (hereinafter called ‘the Bidder’) has submitted its bid dated
________________ for the ___________________. (Hereinafter called “the Bid”).
KNOW ALL MEN by these presents that WE ________________ having our registered office at
_______________ (hereinafter called “the Bank”) are bound unto The National Insurance
Company Limited (hereinafter called “the Purchaser”) in the sum of Rupees ____________ for
which payment well and truly to be made to the said Purchaser, the Bank binds itself, its successors
and assigns by these presents. Sealed with the Common Seal of the said Bank this ______ day of
___________ 202_.
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The Conditions of this obligation are:
If the Bidder withdraws his bid during the period of bid validity specified by the Bidder in the bid;
or
If the Bidder, having been notified of the acceptance of its bid by the Purchaser during the period
of bid validity
i. fails or refuses to execute the Contract; or
ii. Fails or refuses to furnish the Performance Security, in accordance with the instructions
to Bidder.
We undertake to pay to the Purchaser up to the above amount upon receipt of its first written
demand, without the Purchaser having to substantiate its demand, provided that in its demand the
Purchaser will note that the amount claimed by it is due to it owing to the occurrence of one or both
of the two conditions, specifying the occurred condition or conditions.
This guarantee will remain in force up to and including 45 days after the period of bid validity, and
any demand in respect thereof should reach the Bank not later than the above date.
Signature of Bidder
Dated :
Place :
Seal :
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2.54 GT&C - Undertaking for providing authorized representatives of IRDAI the right to
inspection, investigation, obtaining information:
To
NATIONAL INSURANCE COMPANY LIMITED
Head Office: Premises No.18-0374,
Plot No. CBD-81, New Town,
Kolkata-700156
Dear Sir,
Undertaking from the Bidder for providing authorized representatives of the IRDAI the right to
inspection, Investigation, obtaining information for Tender Ref No:
NICL/IT/RFP/08/2024/Advanced_Analytics. We hereby undertake to provide authorized
representatives of Insurance Regulatory Development Authority of India (IRDAI) right to:
(a) Examine the books, records, information, systems and the internal control environment to
the extent that they relate to the service being performed for the company for NICL under this
contract.
and
(b) Access to any internal audit reports or external audit findings for the service being performed
for the company for NICL under this contract.
Signature of Bidder
Dated :
Place :
Seal :
2.55 GT&C - Format of Certificate for Tenders for Works under Rule 144 (xi) in the General
Financial Rules (GFRs), 2017:
Format of Certificate for Tenders for Works under Rule 144 (xi) in the General Financial Rules
(GFRs), 2017.
To
NATIONAL INSURANCE COMPANY LIMITED
Head Office: Premises No.18-0374,
Plot No. CBD-81, New Town,
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Kolkata-700156
Sir,
We, M/s -------------- are a private/public limited company/LLP/Firm incorporated under the
provisions of the Companies Act, 1956/2013 Limited Liability Partnership Act 2008/ Indian
Partnership Act 1932, having our registered office at ----------------------------------------------
(referred to as the “Bidder”) are desirous of participating in the Tender Process in response to your
captioned RFP and in this connection we hereby declare, confirm and agree as under:
a) We, the Bidder have read and understood the contents of the Office Memorandum & the
Order (Public Procurement No.1) both bearing no. F.No.6/18/2019/PPD of 23rd July 2020
issued by Ministry of Finance, Government of India on insertion of Rule 144 (xi) in the
General Financial Rules (GFRs) 2017 and the amendments & clarifications thereto, regarding
restrictions on availing/procurement of goods and services, of any Bidder from a country
which shares a land border with India and / or sub-contracting to contractors from such
countries.
b) In terms of the above and after having gone through the said amendments including in
particular the words defined therein (which shall have the same meaning for the purpose of
this Declaration cum Undertaking), we the Bidder hereby declare and confirm that:
* We, the Bidder are not from such a country which shares a land border with India, in terms
of the said amendments to GFR, 2017. or *We, the Bidder are from such a country and has
been registered with the Competent Authority i.e. the Registration Committee constituted by
the Department for Promotion of Industry and Internal Trade, as stated under Annexure I to
the said Office Memorandum / Order and we submit the proof of registration herewith.
(*Delete whichever is not applicable)
c) We, the Bidders agree and undertake that if the contract is awarded to us, we will not sub-
contract or outsource the contract and / or any part thereof unless such subcontract/ outsourcing
is permitted by NICL in writing, in which case we shall not subcontract or outsource the work
to a contractor from such countries, unless such contractor is registered with the Competent
Authority and proof of same is obtained.
2. We, the Bidders hereby confirm that we fulfill all the eligibility criteria as per RFP and are not
ineligible from participating in the Tender in view of the above Office Memorandum and Order.
We also agree and accept that if our declaration and confirmation is found to be false at any point
of time including after awarding the contract, NICL shall be within its right to forthwith terminate
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the contract/ bid without notice to us and initiate such action including legal action against us. NICL
shall also be within its right to forfeit the security deposits provided by us and also recover from us
the loss and damages sustained by NICL on account of the above.
3. This declaration cum undertaking is executed by us through our Authorized signatory/ies after
having read and understood the Office Memorandum and Order (Public Procurement No.1) both
bearing F.No.6/18/2019/PPD of 23rd July 2020 of Ministry of Finance, Department of Expenditure,
Public Procurement Division, Government of India including the words defined in the said order
(reproduced hereunder) which shall have the same meaning for the purpose of this Declaration cum
Undertaking.
Definitions:
"Bidder from a country which shares a land border with India" for the purpose of this Order means:
a) An entity incorporated, established or registered in such a country; or
b) A subsidiary of an entity incorporated, established or registered in such a country; or
c) An entity substantially controlled through entities incorporated, established or registered in
such a country; or
d) An entity whose beneficial owner is situated in such a country; or
e) An Indian (or other) agent of such an entity; or
f) A natural person who is a citizen of such a country; or
g) A consortium or joint venture where any member of the consortium or joint venture falls
under any of the above
a. "Controlling ownership interest" means ownership of, or entitlement to, more than twenty-
five per cent of shares or capital or profits of the company;
b. "Control" shall include the right to appoint the majority of the directors or to control the
management or policy decisions, including by virtue of their shareholding or management rights
or shareholders agreements or voting agreements;
(i) In case of a partnership firm, the beneficial owner is the natural person(s)who, whether
acting alone or together, or through one or more juridical person, has ownership of entitlement
to more than fifteen percent of capital or profits of the partnership;
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person, has ownership of or entitlement to more than fifteen percent of the property or capital
or profits of such association or body of individuals;
(iii)Where no natural person is identified under (i) or (ii) or (iii) above, the beneficial owner
is the relevant natural person who holds the position of senior managing official;
(iv)In case of a trust, the identification of beneficial owner(s) shall include identification of
the author of the trust, the trustee, the beneficiaries with fifteen percent or more interest in the
trust and any other natural person exercising ultimate effective control over the trust through
a chain of control or ownership.
"Agent" for the purpose of this Order is a person employed to do any act for another, or to represent
another in dealings with third persons.”
*Note: Where applicable, evidence of valid registration by the Competent Authority shall be
attached.
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SECTION – III
SCOPE OF WORK
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3 Bid Specific Clauses
The overall work includes analysis of content on various attributes such as semantic analysis,
correlational analytics, web analytics, etc. for structured, semi-structured and unstructured data sets:
a) Stakeholder-wise reports (DFS, IRDA, GI Council, IIB and Accounts, Actuarial, Marketing, Health,
Motor and other Administrative departments),
b) Activity wise reports (Annual, Quarterly, Monthly Reports, Internal and External Audit Reports,
KPI Reports etc.),
The technical support and infrastructure of the existing reporting setup are being managed by the present
System Integrator. NICL’s existing IT systems are mostly hosted at on-premises Data Centre. The
System Integrator can propose a cloud-based/ hosted solution as well as an on premise solution for this
project.
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3.2.2 Existing NICL Analytical Tools
Following are the tools currently being used by NICL:
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8 SAS 9.4 Master Data
Viya 3.x Management
Data Analysis
If the proposed solution is on-premise, then the SI shall be responsible for providing the sizing of the hardware
required for deployment. The proposed SI will deploy, manage, and operate the overall solutions including
customization, addition of new features, if approved by NICL, for a period of 3 years (from the date of award
of Work Order).
- Unit of Exposure
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- Marketing Campaigns - Market Data - Risk Factor
The data from internal and external data sets and sources is integrated, processed & analyzed and visualization
is done using different dashboards.
NICL is looking to modernize the data ecosystem with the following objectives:
• To create an enterprise data architecture/ data lake to Standardize and rationalize data across the
enterprise which will act as a source to drive Advanced Analytics
• Include mechanisms that both capture and use both structured and unstructured data.
• Enable API ecosystem to surface enterprise data for internal and customer facing applications
• Enable Machine learning for detecting fraud, to boost or reduce an alert score and to find new and
emerging fraud patterns.
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3.2.4 Technical Design
The Data Model should have a robust design foundation with the followings:
- History Management: stores historical point-in-time data allowing tables to store “versions” of non-
transactional data at a given point in time, like Organization Structure, Address, Role of a party, etc.
- Should have implicit super-type and sub-type relationships established, which will enable efficient recording
of relationships like a single party playing multiple roles like customer, beneficiary, claimant, Agent, etc.
Common coverage across different products etc.
- Table types like Master, Association, Reference Interaction; Transaction to efficiently update relevant
changes.
- Ability to hold data at “UoE” (Unit of Exposure) level with mapping to “SoI – Subject of Insurance and
related Coverage” level
- Detailed documentation and Data Dictionary in easy-to-use HTML format along with Logical and Physical
Model
The solution should have a common data definition across the enterprise
• The solution should be able to accommodate additional line of business with ease
• The solution should support all important line of business / products for insurer.
• The solution should have a comprehensive coverage of complete Policy / Claims life cycle
• The solution data model and reports should have support for all prominent databases and warehouse both
on-prem and cloud.
• There should standard naming conventions consistently followed across the data marts and Reports
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Fig : Proposed High-Level Architecture of the Advanced Analytics Solution
Subject Area Coverage of the Insurance Data Model should minimum support the following:
The Insurance Data Model should further support the consumption of underlying enterprise data with a pre-
defined library of Business KPIs. The Data Framework should have pre-defined modalities to track changes
in dimension for both in-time and off-time updates in data. The data model should have been built following
Data Modeling best practices of normalization for optimized data update. Having the physical model for the
Data Model will be an added benefit as it will save time in Implementation.
- KPIs to meet Business Objectives for key business functions of Sales & Distribution,| Claims and
Underwriting like
* Distribution Cost
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* Dimensionality for LOB, time period, Product, Coverage, Customer, etc.
* Measures to include
* Current Value
* Growth
* Target Achievement
The KPI framework should have documented the Fact & Dimension table with relationship keys and mapping
to the underlying Enterprise Data Store.
• The Data Model should provide documents process for data model extension and customization
if needed
• The data element definitions should support various data scenarios that can happen in an
enterprise
• Should follow ACORD data standard for naming conventions and Data Types
• History Management
• Support for SCD II type data store with efficient design to store point in time data
• Specialized fields for Business Record time, process time, valid time
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AS IS Architecture of NICL
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Definitions:
Bronze Zone: It is raw data in its native format. It lands all facts and dimensional data from
external source systems.
Silver Zone: Processed data removing the noise in data and acts as a filtration layer for gold zone.
Gold Zone: A single, well-defined, and trusted source of information tallied to financials and to
be used by businesses for decision making and analytics. To sum up a processed data lake.
Insights Zone will built up various analytical models for consumption in Browser UI or Mobile
Apps.
The System Integrator should also make provision for producing following reports and providing
advance analytics features such as below (non-exhaustive list):
a) Notification Reports
b) User Centric Reports
c) Developing Adaptive AI Analytics System
d) Metadata-Driven Data Fabric layer implementation
e) Decision-Centric Data Analytics
f) AI Risk Management
g) Predictive and Prescriptive Analytics
h) Implementing Machine Learning models for Comments Analysis
i) Collaborative Business Intelligence
j) Data Governance and Literacy
k) Data Automation
l) Embedded Analytics for Chatbot
The manpower deployed by the proposed SI will manage the advanced analytics solution to
generate the initial set of reports (all current and future set of reports) as mentioned above.
In addition to the initial set of reports, NICL may also require customized set of reports.
Additional reports wherein the proposed SI will configure the system with new taxonomy, data
models, keywords, hashtags, etc. shall be the customized reports. NICL shall provide timely
intimation to the System Integrator for generation of such reports.
The proposed SI will have to start generating required customized reports within 3 days of
intimation.
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Once the customized reports are approved by NICL, the team should generate these reports
automatically on the defined schedule and frequency. All such approved customized reports will
be generated with initial set of reports. Approved customized reports and initial set of reports
should be system generated and no manpower effort should be dedicated for this, except in case
of any bug or any modification is requested in the reports. These reports should get delivered to
mail IDs as provided by NICL. Reports should also be downloadable at “One Click” from the
<<Web Page>>in various formats like PDF, MS Excel, MSWord, MS PowerPoint, XML, JSON,
etc.
In addition to the above reporting requirements, the team shall avoid pre-defined set of blacklisted
keywords, including dictionary as well as non-dictionary words that are abusive, vulgar,
offensive, threatening or harassing, personal attacks of any kind, demeaning a particular religion,
state, culture or ethnicity, or the Indian Republic in general, or offensive terms that target specific
individuals or groups.
Solution is equipped with a self-learning library. It allows manual addition of keywords as
blacklisted words. User submissions containing these keywords should not be included for
analysis. Only on-demand reporting of such keywords and matched submissions (number of
comments, as well as the actual comments).
Solution should be equipped with self-service reporting capability. Users should be able to
generate analytics report based on pre-defined parameters.
The requirement of real time customizable dashboards for various stakeholders. Key features of the
dashboards will include but not limited to the following:
Open for all dashboard.
Internal team’s dashboard with role-based access for stakeholders as defined by
NICL.
Multi-level real-time information dashboard, which will include but not limited
to the following levels:
The minimum information required to be displayed at each level is as depicted below but not
limited to:
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• Quantitative statistics
• Names of relevant discussions/tasks tagged to the level
• Customized Google Analytics results
• Key result attributes
NICL will log in to the solution using multi-level role-based access system. Proposed SI must
integrate login of the analytics solution with NICL authentication framework. After login, the
users should be able to generate reports and access dashboard with required information. User
dashboard should be customizable to add or remove the analytics information the user would like
to access such as:
• All information available on dashboard
• Relevant summary reports
• Analytics against various attributes
• Real-time attributes
• All this information must be available in reportable and shareable format.
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3.2.7 Annual Technical Support & Maintenance (ATS)
Advanced Analytics solution support for all the tools and software will be provided by the SI.
The support from the SI will comprise of the first point of contact for NICL users and stakeholders
for resolving all solution related incidents or service requests including but not limited to the help
on the navigation of the solution.
The SI should aim to restore normal service operation as quickly as possible and minimize the
adverse effect on business operations, thus ensuring that the best possible levels of service-quality
and availability are maintained.
The SI shall provide helpdesk number and email ID for NICL to log incidents or service requests.
Application support include, but not limited to, solution stability monitoring, annual technical
support, troubleshooting and addressing the functionality, availability, and performance issues,
etc.
Annual Technical Support (ATS) cost for 3 years shall be inclusive of all the support and
maintenance charges such as license cost & Application support charges quoted by the SI.
Though cost will be discovered for 3 years of ATS, however, NICL reserves the right to release/
extend the ATS order as needed (based on SI/ platform performance).
The SI shall keep the application software in good working order and perform changes and
upgrades to applications as available for the solution provided for the contract duration.
The SI should also provide an analytics solution expert as part of key resources to provide
application support for the entire duration of the engagement.
Note: -
The SI may propose for the licenses as required in line to the scope of work defined in the RFP.
The ATS scope will be inclusive of cost for upgrades and/or updates and training costs for the
same as they are implemented on the deployed advanced analytics solution.
3.2.8 Training
Training Infrastructure:
The Bidder shall also propose an adequately sized training environment separately for internal
training to be conducted for NICL.
NICL can designate dedicated SPOC for training and the same SPOCs can train the rest of the staff
members.
The Bidder shall provide and maintain the training environment by rightsizing the hardware,
software and any other application / solution to conduct and support internal training programs for
NICL.
Bidder will have to maintain the training infrastructure till project completion.
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Bidder may suggest good practices for Learning Management System.
The bidder shall provide comprehensive training covering all functional and technical aspects of
the Advanced Analytics Solution to be provided to all the individuals identified by NICL.
The bidder shall provide manuals / documentation, including all user and technical documents for
all functionalities / modules / tools forming part of the Advanced Analytics Solution, in electronic
format.
• The contract will be deemed completed only when all the contracted services are provided and
accepted by NICL as per the requirements of the contract executed between the NICL and the Bidder.
The successful Bidder hereby referred to as Service Provider must strictly adhere to the delivery dates
as indicated in this RFP for operationalization of the proposed Advanced Analytics solution/services.
Failure to meet the delivery dates, unless it is due to reasons entirely attributable to NICL, may
constitute a material breach of the Service Provider’s performance.
As a deterrent for delays during implementation thus extending the specified maximum timeline of 9
months(including 1 month post go live warranty), NICL may levy penalties for delays attributable
to the Service Provider. The reasons like non-familiarity with the
government/regulatory/statutory provisions, NICL and/or its partner applications and/or existing
IT infrastructure etc. will not be considered as a reason for delay. Penalty based on following table
will be levied for delay in meeting the delivery date as specified in the RFP from the date of purchase
order.
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Delay Penalty
Up to 1 Week 2% of the projected implementation cost
1 – 3 Weeks 2.5%, of the projected implementation cost
3-4 Weeks 3% of the projected implementation cost
More than 4 Weeks 5% of the projected implementation cost or the
contract may be considered for cancellation
A cap of 5% of the Projected Outflow would be reserved as penalties against any delay in meeting
milestones. The NICL reserves the right to cancel the tender if the above delivery schedules are not
adhered to by the selected Service Provider.
Without prejudice to other rights and remedies available, NICL shall be entitled to set-off or adjust
any amounts due to NICL under this clause from Service Provider against payments due and payable
by NICL for the services rendered, beside the amount of penalty and Liquidated damages. The
provisions of this Clause shall survive the termination of this Agreement.
Any services that is reported to be down on any day should be attended as follows:
Working days will be counted from the same date of logging call, if the call is logged before 12
noon else from the following working day (Monday to Friday).
Failure to comply with the above conditions will attract penalty as follows:
a) Penalty for call resolution within first seven working days beyond above permissible period
@ Rs.1000.00 per NICL working day per call.
b) Penalty for call resolution after first seven working days beyond above permissible
period @ Rs.2000.00 per NICL Working day per call.
c) A cap of 3% of the Projected Outflow would be reserved as penalties against any delay
in meeting milestones for Call based SLA.
The successful bidder will provide a SPOC for NICL for quick response of the service calls
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during the entire support period.
The overall penalty for SLA’s shall be levied up to a maximum of 10% of monthly bill amount. Please refer
to Section 2.16 GT&C - Liquidated Damages for further details.
The RFP will be in three parts but in 2 stages, viz., 1st Stage (Pre-Qualification and Technical
bids) and 2nd Stage (Commercial bid).
Bidder has to meet the minimum eligibility criteria as mentioned in the Pre-Qualification Bid
If, on evaluation of the Technical bids it is observed that any one or more items of the product
offered in the RFP do not meet the minimum requirements of Specifications, NICL reserves the
right to accept or reject the Bid.
The Commercial bids of only those Bidders will be opened who qualify at the Technical bid
evaluation stage, at a date and time to be specified later.
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The Bidder shall prepare the bid in the following manner. Relevant documents, letters, forms,
supporting, etc. need to be attached to each part as given below
The BID SECURITY. This would contain only the Bid Security (Earnest Money Deposit i.e.
EMD) amounting to Rs.10,00,000.00 (Rupees Ten Lakhs Only) by way of BG/DD/NEFT/RTGS
in favor of National Insurance Company Limited, payable as per Bank Details mentioned in this
document. Non-furnishing of EMD will disqualify the Bidder.
The EMD would be returned to the unsuccessful Bidder (without any interest) and on receipt of
application, within 90 days of award of Purchase/Work Order to the Successful Bidder. For the
successful Bidder, the same would be retained as Security Deposit without any interest till a BG of
3% of Contract Value is received by NICL, in the form of Performance Bank Guarantee (PBG)
as per format given in Section – GT&C - Performance Bank Guarantee:
1. The PRE-QUALIFICATION BID: This would contain the Bidder Profile Section -
Annexure 2 – Bidder Profile, Eligibility (Pre-qualification) Criteria Compliance Section -
Annexure 1, Proof of transfer of Bid Security (Earnest Money) for an amount equal to Rs.
10,00,000.00 (Rupees Ten Lakhs Only) enclosed in the appropriate envelope along-with the Pre-
Qualification Bid documents.
2. Any other documents that are required in the process, like client engagement letters or
certificates, audited balance sheets, etc. and Bidders should submit digitally signed (by authorized
signatory) softcopy documents to the designated mail ids marked in the RFP. Attachment limits of
25 MB if not sufficient, Bidder may share multiple mails in sequence, with respective attachments.
The document should also be password protected and the password shall be shared at the time of
opening the Pre-Qualification Bid (both ‘PDF’ and ‘xlsx’ formats).
3. The TECHNICAL BID: This would contain the Technical Bid Letter Section - Annexure
3– Technical Bid Letter, Technical Bid Particulars Section - Annexure 4 – Technical Bid
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Particulars, Technical Bid Evaluation Section - Annexure 5 – Technical Bid Evaluation
containing Annexure 5(1) to 5(4), Sections - 2.51 GT&C - Feasibility:, Sections – 3.2 Scope of
Work, Statement of Deviation from RFP Terms and Conditions Section - Annexure 9 – Statement
of Deviation from RFP Terms and Conditions if any, and other Details if any (in a separate
sheet).
4. Any other documents that are required in the proposal process, Bidders should submit
digitally signed softcopy documents to the designated mail ids marked in the RFP. Attachment
limits of 25 MB if not sufficient, Bidder may share multiple mails in sequence, with respective
attachments. The document should also be password protected and the password shall be shared at
the time of opening the Technical bid (both ‘PDF’ and ‘xlsx’ formats).
5. The COMMERCIAL BID: This would contain the Commercial Bid Letter Section -
Annexure 6 – Commercial Bid Letter, Commercial Bid Particulars Section - Annexure 7 –
Commercial Bid Particulars, Commercial Proposal Section - Annexure 8 – Commercial
Proposal. Bidders should submit digitally signed (by authorized signatory) softcopy documents
to the designated mail ids marked in the RFP. Attachment limits of 25 MB if not sufficient, Bidder
may share multiple mails in sequence, with respective attachments. The document should also be
password protected and the password shall be shared at the time of opening the Technical bid (both
‘PDF’ and ‘xlsx’ formats).
Bidders have to submit their Bid online, on or before the last date and time mentioned in RFP.
Details of the procedure to be followed for online submission of bid, is available in Section -
Instructions to Bidders. Bidders have to abide by the same.
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SECTION – IV
Annexures
&
Formats
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4. Annexures
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tools and techniques for meaningful and of successful operation
actionable insights) for any Central / PSU/ issued by the client.
BFSI in India in the last 5 years from the date
of publish of this RFP. Project should include
any 3 of the following techniques used for
analytics: predictive analytics, data mining,
visualization etc. The minimum Work Order
value should be of amount INR 50 lakhs.
6 The proposed software for Advanced Analytics Details of the
should have been implemented in any Central / assignments along with
PSU/ BFSI in India in the last 5 years for 3 the following documents
times.
7 The Bidder to provide information that any of its Letter of confirmation
subsidiary or associate or holding company or from Bidder.
companies having common director/s or
companies in the same group of
promoters/management or partnership
firms/LLPs having common partners has not
participated in the bid process.
8 The Bidder should be Original Software Letter of confirmation
Developer or Authorized Partner of OSD for from OSD & Bidder need
Supply Implement and Support Advanced to be submitted.
Analytics Service/Solutions.
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11 Bidders must have minimum 5 client references Documentary Proof of
from Insurance Company/NBFC/Bank/ Public order / contract copy /
Sector industry. customer credentials.
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Annexure 2 - Bidder’s Profile Format
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Has the Bidder filed for Bankruptcy in any country?
Declaration by the authorized representative of the Bidder
8 should be submitted.
10
Audited EBITDA for the respective financial years
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Bidder to provide signed and stamped Integrity Pact,
14
Section - 2.49 GT&C - Format for Integrity Pact:
Bidder to provide signed and stamped Declaration of
15 absence of Conflict of Interest, Section - 2.50 GT&C -
Format for Declaration by Bidder: Conflict of Interest
Bidder to provide signed and stamped Certificate for
Tenders for Works under Rule 144 (xi) in the General
Financial Rules (GFRs), 2017, Section - GT&C -
16
Format of Certificate for Tenders for Works under
Rule 144 (xi) in the General Financial Rules (GFRs),
2017:
Bidder to provide signed and stamped Bid Security,
17
Section - GT&C - Format for EMD/Bid Security:
Signature: …………………………
Name of the authorized signatory …………………………
Designation …………………………
Duly authorized to sign the RFP Response for and on behalf of:
………………………… (Name and Address of Company)
Company Seal:
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Annexure 3 –Technical Bid Letter
To,
Dy. General Manager - IT / Chief Manager - IT,
IT Department
Head Office: Premises No.18-0374, Plot No. CBD-81, New Town, Kolkata-
700156 Email: d.bardhan@nic.co.in
Sir,
We hereby declare
1. We/our principals are equipped with adequate manpower / machinery / technology for providing the
Products and Services as per the parameters laid down in the RFP Document and
NICL/IT/RFP/08/2024/Advanced_Analytics, (Scope of Work) and we are prepared for live/technical
demonstration of our capability and preparedness before the representatives of NICL. We/our
principals are also equipped with adequate maintenance and service facilities within India for
supporting the offered document.
2. We hereby offer to provide the Products and Services at the prices and rates as mentioned in the
Commercial Bid (Annexure 6 – Commercial Bid Letter, Annexure 7 – Commercial Bid
Particulars, Annexure 8 – Commercial Proposal).
3. We do hereby undertake that, in the event of acceptance of our bid, the Products and Services shall be
provided as stipulated in the schedule to the NICL/IT/RFP/08/2024/Advanced_Analytics and that we
shall perform all the incidental services.
4. We enclose herewith the complete Technical Bid as required by you. This includes:
a) Technical Bid Letter Annexure 3 – Technical Bid Letter
b) Technical Bid Particulars Annexure 4 – Technical Bid Particulars
c)
d) Statement of Deviation from RFP Terms and Conditions Section - Annexure 11 – Statement
of Deviation from RFP Terms and Conditions. if any
e) Details of the proposed solution, proposed methodology and timeline (in a separate sheet)
f) Bidders should submit digitally signed softcopy documents to the designated mail ids marked
in the RFP. Attachment limits of 25 MB if not sufficient, Bidder may share multiple mails in
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sequence, with respective attachments. The document should also be password protected and
the password shall be shared at the time of opening the Technical bid (both ‘PDF’ and ‘xlsx’
formats).
We agree to abide by our offer for a period of one year from the date fixed for opening of the
Commercial Bid and that we shall remain bound by a communication of acceptance within that time.
We have carefully read and understood the terms and conditions of the RFP Document and
NICL/IT/RFP/08/2024/Advanced_Analytics and the conditions of the Contract applicable to the bid
and we do hereby undertake to provide services as per these terms and conditions. The deviations from
the technical specification(s) are only those mentioned in the deviations in Section - Annexure 11 –
Statement of Deviation from RFP Terms and Conditions.
We do hereby undertake, that, until a formal contract is prepared and executed, this bid, together with
your written acceptance thereof or placement of letter of intent awarding the contract, shall constitute
a binding contract between us.
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Annexure 4 – Technical Bid Particulars
Technical Bid Particulars
6. Name and Address of the officer to whom all references shall be made regarding the bid:
…………………………………………………
Telephone: …………………………
Fax: …………………………
E-mail: …………………………
7. Name and Address of the Single Point of Contact for all communications (including issue
resolution and support): ………………………………………………
Telephone: …………………………
Fax: …………………………
E-mail: …………………………
Bidder:
Signature: …………………………
Name of the authorized signatory …………………………
Designation …………………………
Duly authorized to sign the RFP Response for and on behalf of: ………………………… (Name and
Address of Company) Company Seal:
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Annexure 5-Technical Evaluation Format
The bidder’s profile would be evaluated basis complete information asked for in this document in the
following section. It is mandatory to submit the technical details in the prescribed format duly filled
in, as part of the bid submission. NICL, at its discretion, may choose not to evaluate a bid in case of
non-submission/partial submission of these details. The proposal must be submitted in an organized
and structured manner.
The format is already shared above.
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b) AI Features -10 marks
c) Machine Learning Features – 10 marks
d) Fraud Analytics Scope - 10 marks
e) Mobile Apps Demo – 5 marks
f) Alert Trigger Mechanism - 5 marks
Total Score 100
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Annexure 6-Commercial Bid Letter
To,
Deputy General Manager - IT,
IT Department
National Insurance Company Ltd.
Premises No.18-0374, Plot No. CBD-81, New Town, Kolkata-700156
Phone No: 2283-0795 Fax No: 2283-1740
Email: d.bardhan@nic.co.in
Sir,
We hereby declare
1. We hereby offer to provide the Services at the prices and rates mentioned in the Commercial
Bid.
2. We do hereby undertake that, in the event of acceptance of our bid, the Services shall be
provided as stipulated in the RFP Document and
NICL/IT/RFP/08/2024/Advanced_Analytics and that we shall perform all the incidental
services.
3. We enclose herewith the complete Commercial Bid as required by you. This includes:
a. Commercial Bid Letter Annexure 6 – Commercial Bid Letter
b. Commercial Bid Particulars Annexure 7 – Commercial Bid Particulars
c. Commercial Bid Annexure 8 – Commercial Proposal
We agree to abide by our offer for a period of one year from the date of opening of the Commercial
Bid and that we shall remain bound by a communication of acceptance within that time.
We have carefully read and understood the terms and conditions of the RFP Document and
NICL/IT/RFP/08/2024/Advanced_Analytics and the conditions of the Contract applicable to the bid
and we do hereby undertake to provide services as per these terms and conditions.
We do hereby undertake, that, until a formal contract is prepared and executed, this bid, together with
your written acceptance thereof or placement of letter of intent awarding the contract, shall constitute
a binding contract between us.
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Signature: …………………………
Name of the authorized signatory …………………………
Designation …………………………
Duly authorized to sign the RFP Response for and on behalf of: ………………………… (Name and
Address of Company)
Company Seal:
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Annexure 7-Commercial Bid Particulars
3. Name and Address of the officer to whom all references shall be made regarding the bid:
…………………………………………………
Telephone: …………………………
Fax: …………………………
E-mail: …………………………
4. Name and Address of the Single Point of Contact for all communications (including issue
resolution and support): ………………………………………………
Telephone: …………………………
Fax: …………………………
E-mail: …………………………
Bidder:
Signature: …………………………
Name of the authorized signatory …………………………
Designation …………………………
Duly authorized to sign the RFP Response for and on behalf of: ………………………… (Name and
Address of Company)
Company Seal:
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Annexure 8 - Commercial Proposal
Commercial Bid
The Commercial Offer should give all relevant price information and should not contradict the
Technical Offer in any manner. There should be no hidden costs for items quoted.
The offer must be made in Indian Rupees only and the offer should include all applicable taxes
and other charges, if any. The suggested format for submission of Commercial offer is
mentioned below.
NICL is not responsible for the arithmetical accuracy of the bid. The bidders will have to
ensure all calculations are accurate. NICL at any point in time for reasons whatsoever is not
responsible for any assumptions made by the Bidder. NICL at a later date will not accept any
plea of the bidder or changes in the commercial offer for any such assumptions.
Commercial Evaluation Format
COMMERCIAL BID
Instructions for filling the commercial bid
The bidder is expected to quote the costs for all items required for fully complying with the requirements
of the RFP in the respective sections of the price bid. The prices for the respective sections would be
deemed to include all components required to successfully utilise the solution. The rates as quoted here will
be used during the tenure of the contract.
Commercial Bid
A. One time implementation cost (for a duration not exceeding 9 months implementation
including 1 month post go live warranty)
Particulars Total amount excluding GST
Setup Cost (including license cost, if any)
Development, Customization Integration Cost
TOTAL ONE TIME COST
B. Annual Cost for a period of 3 Years (post Go-Live) and further extendable up to 2 years
Annual Maintenance Cost (including license 1st Year 2nd Year 3rd Year Total
cost, if any)
Support Charges
TOTAL ANNUAL COST
= TOTAL ONE TIME IMPLEMENTATION COST + TOTAL ANNUAL COST(3 Years) + OPTIONAL COST (IF ANY)
1. System Integrator is the bidder, one company can place only one bid.
2. During the contract duration any upgrade will have to be carried out by the bidder without extra cost.
3. All Quoted Prices must be in Indian Rupees only, including taxes.
4. Bidder should strictly follow the format given in Annexure 8.
5. Bidders are expected to provide the cost for entire requirement including Licenses, Implementation,
Maintenance and Support, etc. during the contract period.
6. NICL is not responsible for any assumptions or judgments made by the bidder for arriving at any type of
sizing or costing.
7. NICL ascertains and concludes that everything as mentioned in the RFP documents circulated to the bidders
and responded by the bidders have been quoted for by the bidders, and there will be no extra cost associated
with the same other than the cost quoted by the bidders.
8. No extra costs on account of any items or services or by way of any out-of-pocket expenses, including
travel, boarding and lodging etc. will be payable by NICL unless explicitly specified in Commercials
9. NICL will hold the complete discretion of procuring and implementing solution and services that are quoted
as part of the RFP.
10. In case of discrepancies in Commercial Bid, following rules would be applicable:
a) The bidder needs to provide unit costs for all components and services; unit rates would be
considered for the TCO in case of any discrepancy in the total, modifications, addition, correction,
etc.
b) If there is any discrepancy between words and figures, the amounts in words will prevail.
c) If there is discrepancy between percentage and amount, the amount calculated on percentage basis
will prevail.
d) If there is discrepancy between unit price and total price that is obtained by multiplying the unit
price and quantity, the unit price will prevail, and the total price shall be corrected by NICL.
This CONFIDENTIALITY AGREEMENT (the “Agreement”) entered into on this _ day of 2024, and
shall be deemed to have become in full force and effect from (the “Effective Date”).
or “Bidder” which expression shall, unless it be repugnant or contrary to the context or meaning
thereof, mean and include its, successors and permitted assigns) of the ONE PART AND
National Insurance Company Limited, a non-life Insurance Company incorporated in 1906 and
nationalized in 1972, before operating as a Government of India undertaking from 2002 having its
Head Office at Premises No. 18-0374, Plot No. CBD-81, New Town, Kolkata-700156 (hereinafter
referred to as “National Insurance Company Ltd. ” or “NICL” which expression shall, unless it be
repugnant to the context or meaning thereof, mean and include its successors and permitted assigns),
of the OTHER PART:
---------- and NICL shall hereinafter jointly be referred to as “Parties” and individually as a “Party”.
In this Agreement, “Affiliate” means any entity which from time to time Controls, is Controlled by or
is under common Control with the relevant party or entity, where “Control” means having the ability
(including, without limitation, by means of a majority of voting rights or the right to appoint or remove
a majority of the board of directors) to control the management and policies of an entity.
WHEREAS:-
i. Bidder inter-alia is engaged in the business of providing IT related solutions & services to various
business entities in India & abroad.
ii. ---------------------------- NICL has agreed to disclose, transmit, receive, and/or exchange certain
“confidential information” to cover the business transaction between parties for the provision of
services related to “SELECTION OF BIDDER FOR SETTING UP & MANAGEMENT OF AN
ADVANCED ANALYTICS SOLUTION” (“the Purpose”) as more particularly described in
Purchase/Work Order no, issued by NICL in favor of M/s. ___________.
1. Interpretation:
Notwithstanding the foregoing, “Confidential Information” shall not include any information which
the Receiving Party can show: (a) is now or subsequently becomes or is in possession of the
Receiving Party, legally and publicly available without breach of this Agreement by the Receiving
Party, (b) was rightfully in the possession of the Receiving Party without any obligation of
confidentiality prior to receiving it from the Disclosing Party, (c) was rightfully obtained by the
Receiving Party from a source other than the Disclosing Party without any obligation of
confidentiality, (d) was developed by or for the Receiving Party independently and without
reference to any Confidential Information and such independent development can be shown by
documentary evidence, or (e) is disclosed pursuant to an order of a court or governmental agency
as so required by such order, provided that the Receiving Party shall, unless prohibited by law or
regulation, promptly notify the Disclosing Party of such order and afford the Disclosing Party the
opportunity to seek appropriate protective order relating to such disclosure.
2. Confidentiality:
2.1 Except to the extent as agreed herein, the Receiving Party agrees to regard, preserve and keep
as secret and confidential all Confidential Information of the Disclosing Party or its clients or any
member of their group disclosed under this Agreement. In maintaining confidentiality hereunder
the Receiving Party agrees and accepts that it shall not, either on its own account or jointly with or
for any other person, firm, company or any other entity, without obtaining the written consent of
the disclosing party.
I. disclose, transmit, reproduce or make available any such Confidential Information to any
person firm, company or any other entity other than its directors, partners, advisers, agents or
employees, who need to know the same for the purpose of evaluating, preparing, considering,
negotiating, advising in relation to or in furtherance of the purpose aforesaid; or
II. use the Confidential Information for any purpose other than evaluating, preparing, considering,
negotiating, advising in relation to or in furtherance of the purpose for which it is disclosed; or
III. disclose, announce or otherwise publicize the existence of its association with the Disclosing
Party or the existence of the project with the Disclosing Party or any other arrangement (existing
or possible) between the disclosing party, its clients or itself in connection with any
project/assignment; or
2.2 The Receiving Party also agrees and accepts that it may endeavor:
I. use at least the same degree of care in safeguarding such Confidential Information as it uses for
its own Confidential information of like importance and such degree of care shall be at least that
which is reasonably calculated to prevent such inadvertent disclosure;
II. keep the Confidential Information and any copies thereof secure and in such a way so as to
prevent unauthorized access by any third party;
III. limit access to such Confidential Information to those of its (including its Affiliates‟) directors,
partners, advisers, agents or employees who are directly involved in the
consideration/evaluation of the Confidential Information and bind each of its directors, partners,
advisers, agents or employees so involved to protect the Confidential Information in the manner
prescribed in this Agreement; and
IV. upon discovery of any disclosure or suspected disclosure of Confidential Information, to take
reasonable effort to as per the circumstances, to inform the Disclosing Party of such disclosure
in writing and immediately return to the Disclosing Party all such Information, in whatsoever
form, including any and all copies thereof.
3. Return or destruction:
The Receiving Party may, upon completion of the purpose mentioned aforesaid or at any time
on receipt of a written demand from the disclosing party: i) immediately return all written
Confidential Information and all copies thereof provided to, or produced by, it or its advisers,
as the case may be, which is in such party’s possession or under its custody and control; ii) to
the extent practicable, but without prejudice to the obligations of confidentiality herein,
immediately destroy all analyses, compilations, notes, studies, memoranda or other documents
prepared by it or its advisers to the extent that the same contain, reflect or derive from
Confidential Information relating to the other party; iii) so far as it is practicable to do so (but,
in any event, without prejudice to the obligations of confidentiality contained in this
Agreement), immediately expunge any Confidential Information relating to the Disclosing
Party or its clients or any member of their group or their projects from any computer, word
processor or other device in its possession or under its custody and control.
4. Permitted disclosure:
5. Ownership of Information:
Except to the extent as agreed herein, the Confidential Information and copies thereof, in
whatsoever form shall at all times remain the property of the Disclosing Party or its clients and
its disclosure shall not confer on the Receiving Party any rights (including any intellectual
property rights) over the Confidential Information whatsoever beyond those contained in this
Agreement.
6. No Representation:
The parties hereto acknowledge that remedies at law may be inadequate to protect the
Disclosing Party or its clients against any actual breach of this Agreement by the Receiving
Party, and, without prejudice to any other right and remedies otherwise available to the
Disclosing Party or its clients, the Receiving Party agrees that Disclosing Party has a right to
seek injunctive relief in its favor upon proof of actual damage and upon establishment of the
fact that such actual damage has taken place due to reasons directly attributable upon the
Receiving Party. Such injunctive relief shall be in addition to any other remedies available
hereunder, whether at law or equity. Disclosing Party shall be entitled to recover its cost and
fees, including Advocate’s fees, incurred in obtaining any such relief. Further, in the event of
litigation relating to this Agreement, the prevailing party shall be entitled to recover its cost and
expenses including Advocate’s fees.
8. No Assignment
9. Severability
In the event that any of the provisions contained in this Agreement is found to be invalid, illegal
or unenforceable in any respect by a Court of competent jurisdiction, the validity, legality, or
enforceability of the remaining provisions contained in this agreement will not be in any way
affected or impaired by such a finding.
No delay or failure of either Party in exercising any right hereunder and no partial or single
exercise thereof shall be deemed of itself to constitute a waiver or an expectation of non-
enforcement of such right or any other rights hereunder. No waiver of any provision of this
Agreement shall be valid unless the same is in writing and signed by the party against whom
such waiver is sought to be enforced. A waiver or consent given by either party on any one
occasion is effective only in that instance and will not be construed as a bar to or waiver of any
right on any other occasion.
11. Notices
Notices as required by this Agreement shall be sent to the Parties at the addresses mentioned
first herein above or such other addresses as the Parties may designate from time to time, and
shall be sent by certified or registered mail with acknowledgement due on receipt.
12. Term
The contractual period will be the implementation period (maximum 9 months including 1
month post go live warranty) followed by 3 years of Annual Technical Support (ATS)
(extendable up to 2 more years) from the project kick-off date ( which should be within 4-6
weeks of PO issue date).Confidentiality obligations under this Agreement shall continue to be
binding and applicable without limit in point in time except and until such information enters
the public domain, without breach of the agreement. Either Party may terminate this Agreement
for breach, if the defaulting Party fails to rectify the breach within the one month notice period
issued by the non- defaulting Party. Upon expiration or termination as contemplated herein the
All disputes and differences of any kind whatsoever arising out of or in connection with the
Purchase/Work Order shall be referred to arbitration. The arbitrator may be appointed by both
the parties or in case of disagreement each party may appoint an arbitrator and such arbitrators
shall appoint an Umpire before entering on the reference. The decision of the Umpire shall be
final. Such arbitration shall be governed by the provisions of Indian Arbitration and
Conciliation Act 1996. All arbitration proceedings shall be at Kolkata, West-Bengal State, India
only.
The provisions of this Agreement shall be governed by the laws of India and shall be subject to the
exclusive jurisdiction of courts in Kolkata.
15. Indemnity
The Receiving Party agree to indemnify and hold harmless the Disclosures against all costs,
liability, losses and claims incurred by the Disclosing Party as a result of a breach of this Agreement.
16. Modification
Modification to any of the provisions of this Agreement shall be void unless it is writing and duly
executed by Parties.
17. Headings
The headings given herein above are for ease of reference only and shall not attach or have any
effect/ meaning whatsoever contrary to what is stated in the agreement.
18. Counterparts
This Agreement has been signed in duplicate, each of which shall be deemed to be an original.
The exchange of a fully executed Agreement (in counterparts or otherwise) shall be sufficient
to bind the parties to the terms and conditions of this Agreement.
Title..…………………….………. Title………………………………………
in the presence of in the presence of
………………….…………………..…. ………………….……………………
Dear Sir,
Following are the deviations and variations from the Terms and Conditions of the RFP No.
NICL/IT/RFP/08/2024/Advanced_Analytics . These deviations and variations are exhaustive.
Except these deviations and variations, the entire implementation can be performed as per your
specifications in the NICL/IT/RFP/08/2024/Advanced_Analytics.