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10. CONDITIONS FOR SUBMISSION OF PROPOSALS

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  • 1. REQUEST FOR PROPOSAL Issued by THE INDIAN BANKS’ ASSOCIATION In conjunction with THE INDIAN CARDS COUNCIL And MASTERCARD WORLDWIDE To assist in implementing A COMMON DO-NOT-CALL REGISTRY ____________________ Dated December 14, 2006 ____________________ /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc -1-
  • 2. REQUEST FOR PROPOSAL TO ASSIST IN IMPLEMENTING A COMMON DO-NOT-CALL REGISTRY 1. OVERVIEW 1.1 This Request for Proposal (“RFP”) is being issued by the Indian Banks’ Association (“IBA”) in conjunction with the Indian Cards Council (“ICC”) and MasterCard Worldwide (jointly and severally hereinafter referred to as the “Association”) to select a vendor who will assist the IBA in implementing and maintaining a common do-not-call registry (“Registry”) of banking telemarketers for financial products or services. The main objectives for establishing the Registry are to (a) allow consumers to register their preference not to receive telemarketing calls at the registered telephone numbers; (b) allow telemarketers to access the telephone numbers included in the Registry and to pay the appropriate fees for such access; (c) gather consumer complaint information concerning alleged do-not-call violations; and (d) allow law enforcement, regulatory and industry bodies to access the Registry and take appropriate enforcement actions. 1.2 Through the issuance of this RFP, the Association desires to solicit applications for selecting a vendor to undertake the design, development, testing, deployment, operation and maintenance of the Registry which shall consist of telephone numbers of consumers who do not wish to receive (and wish to opt out of receiving) ‘telemarketing’ calls from banking telemarketers for financial products or services (collectively, the “Telemarketers”). For the purposes of this RFP document, the term ‘telemarketing’ will mean “the use of telecommunications facilities to make unsolicited calls for the purpose of solicitation where solicitation is defined as the selling or promoting by a bank of a financial services product or service, whether directly or indirectly and whether on behalf of another party, provided, however, that it does not include calls made by or on behalf of banks to their customers in relation to a product or service already supplied by the bank to the customer provided further that such call relates to the operation, security or servicing of that product or service”. 1.3 The Association, following consultations with the Reserve Bank of India, has taken the responsibility for establishing and operating a database that lists the telephone numbers of consumers who object to receiving unsolicited telemarketing calls. The sole purpose of this RFP document is to provide details and guidelines to assist the potential vendor in replying to this RFP. /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc -2-
  • 3. 2. DISCLAIMER 2.1 It is presumed that in participating in the selection process, each of the applicants have made and/or should have made their own independent assessment and have sought their independent professional, financial and legal advice. The information contained in this RFP document has been prepared in good faith. However, it is not and does not purport to be comprehensive or independently verified. Neither the Association, nor any of its advisors, directors, officers, employees or agents accepts or assumes any liability or responsibility for the contents hereof or the accuracy or completeness of the same or for any errors, omissions, misstatements, negligent or otherwise, relating to the information contained in this RFP document or on which such document is based or with respect to any written or oral information made or to be made available to any applicant or its professional, financial or legal advisors. Further, none of the aforesaid makes any representation or warranty in respect of any of the information referred to in the preceding sentence. Subject to the laws of India, all and any liability in respect of such information is expressly disclaimed. 2.2 Each applicant recognizes that this RFP document does not contain all information that an applicant may require. The information contained in this RFP document is selective and subject to updating, expansion, revision and amendments. However, neither the Association, nor any of its advisors, directors, officers, employees or agents accepts or assumes any responsibility to update, revise and/or amend the information contained in this RFP document or to correct any inaccuracies which may become/are apparent. Additionally, the Association reserves the right to alter the specifications, in part or in whole, during the RFP process, and (without re-issuing the RFP) following the selection of the vendor. The vendor will however be advised of such alterations and provided with the opportunity to advise impacts. 2.3 This RFP document may contain/include certain estimates, projections, statements, targets and forecasts. These are based on various assumptions made by the Association, which assumptions and the information on which they are based may or may not be accurate. Neither the Association, nor any of its advisors, directors, officers, employees or agents makes any representation and/or warranty in respect of and no reliance should be placed on any estimates, projections, statements, targets or forecasts or the assumptions on which they may be based. /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc -3-
  • 4. 2.4 This RFP is not an offer by the Association, but an invitation for a potential vendor response. No obligation to contract shall arise from this RFP document. However, the IBA may require that all or part of the proposal submitted by the successful applicant in response to this RFP be included in the contract that will be executed with the successful applicant. Nothing contained in this RFP document or in any communication issued by either the Association or any of its advisors, directors, officers, employees or agents shall be taken as constituting inter alia an invitation to offer or treat, or an agreement, or an offer, or a warranty or a representation between them (acting either individually and/or collectively) and any other party. 2.5 The IBA anticipates negotiating and awarding the contract to the successful applicant based on the IBA’s evaluation of the proposals submitted in response to this RFP by the applicants to the IBA in accordance with and subject to the terms and conditions contained herein. The IBA reserves the right to accept or reject any or all proposals to revise this RFP document, to request one or more re-submissions or clarifications from one or more applicants, or to cancel the process in part or whole. Any falsehood, inaccuracy or incompleteness by an applicant, even if discovered after the applicant has been qualified at any stage, shall be sufficient reason to disqualify the applicant. No applicant is obliged to respond to this RFP document. 2.6 The Association will not pay any costs incurred in the preparation or submission of any proposal submitted in response of this RFP or any other expenses that an applicant may incur in connection with the selection process or otherwise. In no event will the Association be liable to any applicant for any claims, whether for costs or damages incurred by the applicant in preparing a response to this RFP, loss of anticipated profit in connection with any final contract, or any other manner whatsoever. 2.7 The request by the Association for and/or receipt of a proposal will not constitute an understanding and/or commitment and/or representation and/or warranty and/or guarantee and/or undertaking by the Association and shall not be deemed to create and/or confer any rights or expectations whatsoever to enter into any agreement, undertaking or covenant with any applicant. 2.8 Neither the applicant not any of their representatives shall have the right to demand nor shall the Association be obliged to provide any of the documents or information submitted by the other applicants. Applicants and their representatives agree and maintain that all acts, deeds and things done pursuant to the terms and conditions hereof have and shall be done on a good faith basis. The Association shall be entitled /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc -4-
  • 5. to rely bona fide on the statements, actions and representations to be made by the applicants pursuant to this RFP document and the Association will not be required to make any independent verification of the same. 2.9 The Association reserves the right not to respond to questions raised by the applicants or provide clarifications, or defer answering any questions, in its sole and absolute discretion. Nothing in this RFP document shall be taken or read as compelling or requiring the Association to respond to any question or provide any clarification. For questions of a general nature, copies of answers/clarifications may, at the Association’s sole discretion, be provided to all applicants without disclosing the source of the questions. No extension of any deadline referred to in this RFP document will be granted on the basis or ground that the Association has not responded to any question or provided any clarification. 2.10 All acts, deeds and things done or caused or intended to be done by the Association hereunder are based on and in reliance of the applicant’s acceptance of the terms and conditions of this Disclaimer, which is hereby acknowledged to be legally binding. The applicant agrees to abide by and comply with the terms hereof and agrees not to do anything which is in variance with the terms of this Disclaimer contained in this Section 2. The applicants are deemed to acknowledge that their participation in this selection process will not create or confer upon them any rights or expectations and any such rights or expectations are hereby denied. 3. CONFIDENTIALITY 3.1 This RFP document (and the contents thereof) are private and strictly confidential documents and are for the use and perusal only by the applicants. This RFP document, including any documents released, information provided and discussions as part of the selection process, is strictly confidential and should not be divulged to any party who is not directly involved in the preparation of the response. Additionally, all information gained during the RFP or during associated processes, will remain confidential by the applicant. No divulgence of information or publicity will be allowed unless specific written authorization is obtained from the IBA. 3.2 It is a condition of this RFP that the information provided herein is for the purpose of allowing applicants to submit proposals to the IBA. Likewise, all information returned by applicants, will be treated in confidence subject to Section 9.7 herein below. The responses received from the applicants shall remain as the property of the IBA and shall not be returned to the applicant. /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc -5-
  • 6. 4. BACKGROUND INFORMATION 4.1 Over the last decade, the telemarketing industry in India has undergone significant changes in the technologies and methods used to contact consumers. The number of telemarketing calls has risen steadily; and consumer frustration with unsolicited telemarketing calls is on a continuous rise. The number of telemarketing calls, along with the increased use of various technologies to contact consumers, has heightened public concern about unwanted telemarketing calls and control over the telephone network. The Association is of the view that consumers should be given the opportunity to determine for themselves whether or not they wish to receive telemarketing calls. 4.2 The Reserve Bank of India (“RBI”) has responded to these challenges by enacting certain guidelines dated November 21st, 2005 (“RBI Guidelines”) which, inter alia, required banks to establish their own ‘do-not-call’ registries. Pursuant to the RBI Guidelines, banks were given a time period of two (2) months from the date of issue of the RBI Guidelines to establish and maintain a do-not-call registry containing the phone numbers (both cell phones and land line phones) of consumers as well as non- consumers who have informed the bank that they do not wish to receive unsolicited calls/SMS for marketing of its credit card products. The RBI Guidelines required the intimation for including an individual’s telephone number in the do-not-call-registry to be facilitated through a web-site maintained by the bank or on the basis of a letter received from such a person addressed to the bank. 4.3 Based on the response received from the banks which have implemented their own ‘do-not-call’ registries pursuant to and in accordance with the RBI Guidelines, it is evident that the adoption and implementation of such registries by banks has generated a positive response from consumers. It is believed that consumers overwhelmingly support the adoption of such registries. Consumers believe that unwanted telemarketing has reached the point of harassment that constitutes an invasion of privacy within their homes. In fact, a writ petition was filed in the Supreme Court of India in 2005 wherein the petitioner argued that such unwanted calls amounted to an unfair trade practice and more importantly, an infringement of the petitioner’s right of privacy. Taking note of this issue, the Supreme Court of India issued notices to the central government, all cellular operators and multinational banks seeking a law to ban such unsolicited calls. /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc -6-
  • 7. 4.4 The Association is committed to banking best practices and, as such, tasked the Governance sub-committee of the ICC to explore the possibility of the establishment and operation of a single common database to compile a list of telephone numbers of consumers who do not wish to receive telemarketing calls. The main objective of the task force was to ensure the harmonization of the various independent do-not-call registries maintained by the banks pursuant to the RBI Guidelines to the greatest extent possible by establishing a common registry which could prove to be the most efficient and economical means for consumer registrations and access for compliance purposes. 4.5 The Association recognizes that effective telemarketing is a legitimate method of offering goods and services, and benefits to consumers. It further recognizes that effective telemarketing promotes competition in the banking industry which is, ultimately, for consumers’ benefit. Thus, the Registry that the Association proposes be established will permit consumers who prefer not to receive telemarketing calls relating to banks’ financial services products to contact one centralized registry to effectuate this preference. Telemarketers would be required to refrain from calling consumers who have put themselves on this registry. The Association intends to strike an appropriate balance between maximizing consumer privacy protections and choice, whilst ensuring effective competition in the banking industry. 4.6 In developing the Registry, the Association has the following primary considerations: (a) to ensure the accuracy and validity of the consumer telephone numbers added to the Registry; (b) to ensure the capacity of the system to handle the potential volume of consumer requests to be placed on the Registry and other requests as may be required based on the construct of the Registry; (c) to ensure the security of the information maintained in the Registry; (d) to ensure the accessibility of the Registry to law enforcement and regulatory agencies; and (e) to ensure the lowest possible system and operational costs in connection with the operation and maintenance of the Registry. 4.7 As referenced in 4.5 above, the proposal is designed to permit consumers who prefer not to receive telemarketing calls relating to banks’ financial services products to contact one centralized registry to effectuate this preference. This will allow consumers to stop unwanted telemarketing calls by registering their telephone numbers with the Registry at no cost (save that standard network SMS charges for SMS registrations). Consumers would be able to do so by three methods: (i) through a call from the phone number that they wish to register, (ii) via SMS or (iii) online (over the internet). Telemarketers would be required to refrain from calling consumers /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc -7-
  • 8. who have put themselves on the Registry. Telemarketers will also be required to pay fees to “scrub” their calling lists against the telephone numbers in the Registry. 4.8 The compliance by the Telemarketers to the objectives of the Registry and enforcement of any non-compliance thereof will be a top priority of the Association. In guiding its future enforcement plans, the Association recognizes that the Government of India recently introduced a bill in the Rajya Sabha (the upper house of the Indian parliament) on unwanted solicited calls titled “The Prevention of Unsolicited Telephonic Calls and Protection of Privacy Bill, 2006” (“Bill”). The Bill was introduced in the Rajya Sabha on the 12th of May, 2006 and is meant to prohibit unsolicited telephone calls by business promoters or individuals to persons not desirous of receiving such calls and for the protection of privacy of its citizens. In the event that the Bill is passed, the IBA will adhere to its mandates. 4.9 In determining enforcement priorities, the IBA will continuously review the consumer complaint data and conferring with appropriate governmental and state agencies including, without limitation, the RBI to make sure that appropriate enforcement actions are taken to redress any violations that are reported to the IBA. 5. METHODS OF OPERATION 5.1 The Association envisions the following as possible methods of operating the Registry. Consumers who wish to enroll and register their numbers with the Registry could do so by calling a number from the telephone line they wish to register and accessing an automated system. Their calls will be answered by an Interactive Voice Response (IVR) system. The consumer will be asked to enter on its telephone keypad the telephone number from which the consumer is calling. The system will also capture the automatic number identification (“ANI”) of the number calling the system. The system will automatically check the entered number against the ANI data. If the number entered matches the ANI, the caller will be advised that the number is registered, and the telephone call would end. If the numbers do not match, the caller could be given instructions and/or options on how to register properly. 5.2 Consumers wishing to enroll and register their numbers with the Registry could also do so by sending an SMS to a pre-assigned number. The system would automatically identify the number from which the SMS was being sent and add it to the Registry. An SMS would be sent back advising the consumer that the number is registered. /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc -8-
  • 9. 5.3 At a minimum, the processes described in sections 5.1 and 5.2 above would validate that the individual registering a telephone number is calling/SMSing from the telephone line being registered, and that the individual knows the number he or she is registering. This validation helps ensure that only consumers who actually wish to be placed on the “do-not-call” list are placed there. Following successful registration a caller will need to be informed of the “thirty (30) day” period following which the registration will become effective. The Association proposes that consumers also be notified in the IVR/SMS response message that the Registry will prevent most, but not all, telemarketing calls. The effectiveness and value of the Registry depends largely on an informed public. Therefore, the IBA also intends to emphasize in its educational materials and on its website the purpose and scope of the objectives that it is trying to achieve. 5.4 As an alternative method, consumers who choose to register over the Internet will have the choice to do so by registering online using a process whereby: (a) the consumer enters his or her telephone number and e-mail address and presses “submit”; (b) the consumer sees a screen with their information as entered, checks for errors, and when correct, clicks “register”; and (c) to complete the registration, the consumer receives a confirmation email from the Registry, which must be opened and a link contained therein clicked on, within seventy-two (72) hours, to complete the registration process. Consumer registrations will remain valid for a period of two (2) years, and phone numbers that are disconnected or reassigned will be periodically removed from the Registry. 5.5 It is proposed that registration through a telephone call or SMS would cause the consumer to be registered in a way that causes all Telemarketers to be required to refrain from making telemarketing calls to that consumer, and a consumer would need to be made aware of that at the outset to the call or via an automated SMS response. Online registration would allow a consumer to opt for certain banks to continue to be able to make telemarketing calls to that consumer. It is important that the Registry’s database is on a recognized and proven technological platform, rather than a proprietary development and should provide a simple and cost effective process for scrubbing data to ensure disconnected and reassigned numbers are removed. 5.6 For the scrubbing of Telemarketers’ lists, Telemarketers will be required to upload their telemarketing prospects list to the Registry, which will perform the comparison of the supplied list with the numbers registered and provides the Telemarketer with a list of numbers to which telemarketing can take place. When uploading lists, Telemarketers will be required to provide certain information regarding the uploaded /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc -9-
  • 10. numbers, including the name of the bank of behalf of which the telemarketing calls are to be made to each such number. 5.7 Because the registration process will be completely automated, updates will occur continuously. Consumer registrations will be added to the Registry at the same time they register or at least within a few hours after they register. The Registry will be available for uploading lists and scrubbing on a constant basis so that Telemarketers can upload files at any time. In addition, the person at the IBA in charge of administering the Registry (“Association Administrator”) will (subject to the cooperation of the telecommunication companies and either directly or through the vendor operating the Registry) endeavour to check all telephone numbers in the Registry each month against telecommunications companies’ databases, and those numbers that have been disconnected or reassigned will be removed from the Registry. 5.8 Authorized officials of the IBA, Indian law enforcement agencies and the RBI may need to access the Registry for enforcement or other authorized purposes. The Association anticipates that such access could be available though a secure internet website. Validation would have to occur to ensure that only appropriate persone are allowed access to the Registry. Once secure access is achieved, information in the Registry should be sortable and downloadable, as necessary. The information in the Registry, including dates of consumer registration and Telemarketer access to the Registry, will need to be maintained for a sufficient period of time to allow for effective enforcement and tracking purposes. 5.9 Telemarketers will be charged a fee to access the Registry and a system will have to be developed to bill, process, and recover those fees. After payment is processed, the Telemarketer will be given an account number and permitted to submit files to the Registry for scrubbing. Consumers will not be charged to register their telephone number in the Registry save that standard network SMS charges will apply to SMS registrations. 5.9 The expenses incidental to the establishment and administration of the Registry shall be met from the fees charged to the Telemarketers. The Association believes that the costs of the Registry will fall into three major categories. First will be the actual costs of developing and operating the Registry, ensuring Telemarketer access to the Registry, ensuring timely scrubbing of submitted numbers and managing IBA, law /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc - 10 -
  • 11. enforcement and RBI access to appropriate information. Second will be consumer and business education efforts. Third will be the costs of Registry infrastructure and administration, including changes in information technology structural support necessary to handle anticipated increases in consumer complaints and requests from the IBA, law enforcement agencies and the RBI for access to such complaints. Therefore, the Association anticipates that the fees received by the Registry from the Telemarketers will be used to offset these costs. 6. SCOPE OF SERVICES 6.1 This RFP document contains four different services for which a vendor is needed. These services, which are described more fully below, contemplate the need for: a. the acceptance and processing of Telemarketer applications and consumer registrations; b. the maintenance of two databases: the first database containing a list of information pertaining to consumers who register their preference not to receive telemarketing calls at the registered telephone numbers (such list, the “No-Call-List”), the other containing a list of Telemarketers registered in the Registry, whether group or individual (collectively, the “Registered Entities”) who wish to utilise the No-Call-List; c. the ‘scrubbing’ of numbers submitted by Registered Entities to the Registry such that those numbers are checked against numbers registered in the No- Call-List and, if a submitted number is not registered in the No-Call-List, the Registered Entity is informed accordingly; and d. making available initial and updated No-Call-Lists, Registered Entities lists, as well as registered complaints, to the IBA and other entities including, without limitation, the law Indian enforcement agencies. 6.2 The vendor will be required to accept applications and fees from persons wishing to become Registered Entities. The vendor must be able to provide applications to such persons wishing to become Registered Entities no later than June 1, 2007. The vendor shall retain applications for a period of five (5) years from date of receipt and shall not transfer or destroy these records until receiving written permission from the IBA to do so. 6.3 The vendor shall be required to provide a toll-free telephone number, a number to which SMS registrations can be sent and an internet address for persons to use in order to register on the No-Call-List. RegistrationsApplications must be possibleobnty four (24) houseven (7) days a week via at least two (2) methods maintained by the /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc - 11 -
  • 12. vendor. The toll-free telephone number, SMS number and internet mail address shall be obtained by the vendor and shall be accessible no later than June 1, 2007. The Association IBA will retain theight of use of the toll-free number, SMS number and internet address. Within [●]15 days of the effective datf any contract executed as a result of this RFP, the vendor shall provide the Association Administrator with the proposed toll-free telephone number, SMS number and internet address for review and approval. Additionally, on or before [●]June 1, 2007, the vendor shaprovide mock-ups of the internet pages that the vendor proposes to use to the Association Administrator for review and approval. 6.4 The vendor must accept an application and accompanying fee from Registered Entities who wish to be provided with access to the No-Call-List for the purposes of having their telemarketing prospect lists scrubbed. All entities which wish to become Registered Entities will be required to complete an application. The application will, at a minimum, be required to include: the applicant’s name, mailing address and charter documents. Other information that may be included in the application will be determined by the IBA in conjunction with the vendor at a later date. 7. CREATION AND MAINTENANCE OF DATABASES 7.1 The vendor will be required to create and maintain two databases: one comprised of telephone numbers to be placed on a comprehensive No-Call-List at the consumer’s request, and the other comprised of Registered Entities wishing for the vendor to scrub their telemarketing prospects’ numbers against the No-Call-List. At all times, the IBA shall have exclusive ownership of the databases and all information obtained in the creation and operation of the No-Call-List. 7.2 The information that will be required in the No-Call-List will include, among other things, the telephone number to be included on the No-Call-List (including area code), date on which the registration application was received and the manner in which the application was received (i.e. phone, SMS or internet). The information required in the Registered Entity database will include, among other things, the legal name of Registered Entity; its Permanent Account Number (PAN), the name that the Registered Entity will use when contacting the public (which could be the name of the financial institution on behalf of the which the relevant telemarketing calls are to be made), the telephone number of the Registered Entity’s complaint/compliance contact, the address of the principal place of business of the Registered Entity’s complaint/compliance contact; the date on which the application to become a /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc - 12 -
  • 13. Registered Entity was received; and the nature of business and applicable certification number for the Registered Entity (issued by any official governmental or regulatory body or agency). 7.3 By June 1, 2007, the vendor shall provide a working model of the databases for testing, demonstration, and acceptance review by the IBA. The databases shall be fully operational and ready for use on July 1, 2007. 7.4 The databases shall be designed and created using a recognized and proven technological platform, rather than a proprietary development. The vendor must have the capability to upgrade the databases to future versions of the platform as required by and in conjunction with the IBA. Any software licenses required by the IBA to utilize an application development tool shall be obtained and provided by vendor at no cost to the IBA. 7.5 The vendor shall be responsible for updating the No-Call-List and the Registered Entity database. 7.6 The vendor must take all reasonable and necessary steps and measures to ensure the integrity and security of the databases. The vendor shall take all reasonable and necessary steps and measures to secure both the database hardware and software and to prevent unauthorized access to database information. Such measures shall include but shall not be limited to: web server/data store server security, virus/anti-virus protection, and firewall security with the main secured database. The vendor shall develop and implement a disaster recovery plan, which plan shall be subject to approval by the IBA. The disaster recovery plan shall include, but is not limited to, the daily backup of the databases, to be stored offsite in a secure and fireproof environment. In addition, the vendor will store the physical server housing the databases in a physically secure area to prevent any misuse or tampering. 7.7 The vendor shall maintain and administer the databases in accordance with the highest professional standards by following and applying applicable technical guidelines and industry standards. The quality of service provided by the vendor shall be as follows: a. The databases shall not be “down” save for periods which shall not exceed 8 hours per week and which have been pre-approved by the IBA. For purposes of this sub-section, “down” shall mean that a database is not fully operational and capable of allowing the input, collection, processing, storage, reporting and retrieval of data as contemplated by the contract. The vendor shall prepare /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc - 13 -
  • 14. a quarterly report that summarizes the database performance and allows the IBA to monitor compliance with this provision. b. No more than one (1) call in 20 calls shall receive a busy signal when calling the toll-free access number established by the vendor. c. No SMS should be rejected when sent to the SMS number for the purposes of registration in the No-Call-List. d. Files must be submitted electronically by Registered Entities in formats to be agreed between the vendor and the Association Administrator, but which formats shall be common file formats in India. Each submitted number will also reference the bank on behalf of which the telemarketing call is proposed to be made. The vendor shall cause each submitted number to be checked against the No-Call-List and shall determine if the number may be telemarketed to by or on behalf of the stated bank. Within 3 hours of submission, the Registered Entity shall be informed if the number may be called for telemarketing purposes by or on behalf of the stated bank and the duration for which that approval shall remain in force. e. f. The vendor shall report major service problems to the Association Administrator within 2 hours of the onset of such problems. 7.8 The vendor will, in a professionally acceptable and appropriate manner, answer questions regarding the use of the databases from subscribers and Registered Entities. The vendor is not required to answer complaints from subscribers regarding compliance with and enforcement of the program but is required to assimilate information regarding each complaint in a format required by the Association Administrator from time to time. The vendor will refer all questions and complaints regarding compliance and enforcement to the IBA. For up to two years after termination or expiration of the contract, the vendor shall be available to provide testimony, documentary evidence, and any other assistance deemed necessary by the IBA at any administrative or legal proceeding regarding enforcement of the No-Call- List at no additional cost to the IBA. 8. ACCESS TO REGISTRY INFORMATION 8.1 The vendor will be required to provide access to the No-Call-List database to the IBA and any other agencies notified by the IBA at the IBA’s direction, including but not limited to Indian law enforcement agencies and the RBI. 8.2 The IBA will have password protected, unlimited access to the databases. Electronic access will include suitable interface on the Internet with searchable access to all the /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc - 14 -
  • 15. information contained in the databases. Additionally, the vendor shall provide the Association Administrator with quarterly reports, which at a minimum, contain the following information: • The total number of subscribers who registered for the database during the previous quarter; • The total number of telephone numbers on the No-Call-List to date; • The total number of Registered Entities who have submitted data for scrubbing and the number of numbers scrubbed; • The total number of all Registered Entities who have submitted data for scrubbing and the number of numbers scrubbed to date; • 8.3 The No-Call-List and information obtained through the applications and/or renewals of subscribers is not transferable and cannot be resold. No person or other entity will be permitted to sell, rent, lease, purchase, or use the No-Call List for any purpose except compliance with the objectives of the Registry and to prevent telemarketing calls to telephone numbers on that list. 8.4 The applicant will mention in its response to this RFP the proposed fees that the applicant deems fit to be charged to register an entity as a Registered Entity as well as the fees to be charged on an ongoing basis to scrub data through the Registry. The applicant should also mention in its response its underlying assumptions in relation to the Registry including but not limited to the number and velocity of registrations for the No-Call-List, the number of Registered Entities and the number of numbers that the Registry would periodically scrub. No sooner tmay not increase its request a f forar following the public launch of the Registry, and then only by providig the IBAAssociationtten request to do so containing all pertinent informationnotice. Thesociationfy the vendor of its decision no later than [●]60 days fter suca request isbeing receiy the IBAAssociation. The IBAAssociation notify the vendor of the date on which any change in the fee structure shall be effective. Fees paid to the vendor as referenced above shall be considered as income to the vendor and subject to applicable tax laws. 9. INFORMATION REQUIRED FROM APPLICANTS /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc - 15 -
  • 16. 9.1 All proposals must include an offer to perform each of the services described in this RFP and listed under Sections 6, 7 and 8 of this RFP. Applicants planning to combine with other applicants in a common effort should provide a complete proposal that includes all of the requested information for all applicants involved. 9.2 A proposal must be submitted in the format outlined below. Prepare consecutively numbered pages with index tabs for each section, as outlined below. a. Only entities that have experience and expertise in maintaining databases similar to the no-call-list databases are eligible for an award of any contract resulting from this RFP. Submit documentation establishing that the applicant has experience and expertise in maintaining databases similar to the no-call- list databases. b. State in succinct terms the applicant’s understanding of the requirements presented in this RFP as well as the other matters reference in section 8.4 above. c. Prepare consecutively numbered pages with index tabs for each section, as outlined below. d. Prepare a narrative description of the proposed effort, which shall include, but not be limited to, a list of tangible and intangible work products that will be delivered; a proposed timeline for the creation of databases; and the manner in which the databases will be operated. There should be a separate narrative description for each of these work tasks. e. Submit a work plan that specifically identifies the tasks or steps the applicant intends to undertake to accomplish the requirements outlined in this RFP. Task descriptions are to be the guide in describing the applicant’s technical plan for accomplishing the work. The task descriptions should be very detailed in order to afford the Association a thorough understanding of the work plan. Applicants are cautioned that their proposal may be rejected if their work plan does not include specific recommendations of how each of the task descriptions will be accomplished. f. Identify any relevant qualifications, including studies or projects, in addition to the eligibility documentation submitted under Section 9.2(a) of this RFP. g. Provide the name of the individual proposed as project leader for each work task, together with a detailed resume of their experience conducting similar efforts should be provided. Also, provide a detailed resume for each individual -- executive, professional, management analyst, systems analyst, auditor, staff consultant or other official who will be engaged in the work, describing the qualifications applicable to the performance of the tasks. Please include an /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc - 16 -
  • 17. organizational chart showing reporting relationships of team personnel. The Association must be notified of any personnel changes in which individuals assigned to work on this project are relieved of their responsibilities. h. Identify any conflict of interest relationships between the applicant or its employees or its associate or affiliates companies may have in connection with the proposal to establish the Registry and the extent, nature and time aspects of those relationships. If there have been no such relationships, a statement to that effect shall be included in the proposal. The Association in its sole discretion will determine if a conflict of interest exists and whether it renders the applicant ineligible. Failure to provide the statement on potential conflicts of interest will automatically disqualify the proposal from further consideration. i. Describe the financial capability of the organization to complete the work required. The applicant must demonstrate that it has the assets and resources available to fulfill any resulting contract for services. Acceptable evidence includes a recent audited financial statement from a certified public accountant, compiled financial report or statement from a certified public accountant or banker. j. Contain the applicant’s their charter documents, the name and address of its promoters and directors, a copy of a certified board resolution approving the submission of a proposal in respect of this RFP and undertaking the establishment, implementation and maintenance of the Registry if selected by the Association, a copy its PAN as well as its income tax returns for the past three (3) financial years. 9.3 The IBA reserves the right to select a proposal based on the ability of the applicant to provide the best value to the IBA and the banking industry generally, in addition to the ability of each applicant to carry out all of the requirements contained in this RFP, demonstrated competence and qualifications of the applicant and the reasonableness of the proposed fees. 9.4 Additions or replacements to the proposal will not be accepted after the closing date for receiving the proposal. However, the applicant must furnish additional information that the IBA may reasonably require as requested. After a successful applicant is selected and a written contract is awarded to such applicant, the work plan must be reviewed and approved in final form by the IBA or its designated representative. The IBA will have a minimum of 15 days for review and comments. The selected applicant must work with the IBA staff to clarify and/or modify any items. /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc - 17 -
  • 18. 9.5 The selected proposal will be incorporated into a contract prepared by the IBA for signature by the contracting parties. The resulting contract shall contain these provisions: The vendor shall hold Association harmless from and shall indemnify Association against any and all claims, demands, and causes of action of whatever kind or nature asserted by a third party and occurring or in any way incident to, arising out of, or in connection with wrongful acts of the vendor, its agents, employees, and subvendors, done in the course of the contract project. The vendor must commence and perform project activities according to the schedule described in the work plan. Cost and schedule overruns may result in performance penalties, up to and including monetary penalties of Rs.50,000 per day, imposed by the IBA. 9.6 The IBA will notify each applicant in writing of their selection or non-selection. The responses received from the applicants shall remain as the property of the IBA and shall not be returned to the applicant. 9.7 Following selection of the successful applicant, responses to this RFP are subject to release as public information unless the response or specific parts of the response can be shown to be exempt from disclosure under applicable law. Applicants are advised to consult legal counsel regarding disclosure issues and to take appropriate precautions to safeguard trade secrets and any other proprietary information. The Association assumes no obligation for asserting legal arguments on behalf of potential applicants. If an applicant believes that a proposal or part of a proposal is confidential, then the applicant must so specify. The applicant must stamp in bold red letters the term “CONFIDENTIAL” on the part of the proposal that the applicant believes to be confidential. The applicant must submit in writing specific detailed reasons, including relevant legal authority, stating why the applicant believes the material to be confidential. Vague and general claims to confidentially will not be accepted. The IBA will be the sole judge as to whether a claim is general or vague in nature. All proposals and parts of proposals that are not marked as confidential will be automatically considered public information after the contract is awarded. 9.8 The Association will not be liable for any costs incurred in the preparation and submittal of a proposal in response of this RFP. The Association will also not be liable be pay for any other expenses that an applicant may incur in connection with the selection process or otherwise. In no event will the Association be liable to any applicant for any claims, whether for costs or damages incurred by the applicant in preparing a response to this RFP, loss of anticipated profit in connection with any final contract, or any other manner whatsoever. /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc - 18 -
  • 19. 10. CONDITIONS FOR SUBMISSION OF PROPOSALS 10.1 Proposals submitted in response to this RFP must meet the following conditions to be considered for selection. Facsimile or/and electronic submissions of proposals will not be accepted under any circumstances. PROPOSALS MUST BE WRITTEN ENTIRELY ON A4 PAPER. PROPOSALS SHOULD INCLUDE NECESSARY APPENDICES AND ATTACHMENTS. PROPOSALS SHOULD BE STAPLED IN THE TOP LEFT CORNER OR BOUND IN A 3-RING BINDER. PROPOSALS MUST BE SUBMITTED IN A MANNER THAT DOES NOT CARRY ANY BENEFIT, KEEPSAKE, OR VALUE FOR MEMBERS OF THE REVIEW PANEL. Proposals in response to this RFP should include a cover page that clearly states the name of the applicant and the name, address and telephone number of the applicant’s contact person who may be contacted directly regarding the proposal. The cover page should be signed by the person authorized to sign on behalf of the applicant which will be meant to bind the applicant to the statements made by the applicant in the response to this RFP. The cover page should be the first page of the proposal whether as part of the bound proposal or otherwise. 10.2 AUTHORITY This RFP is being issued pursuant to the request for information (RFI) that was issued by the IBA, a copy of which is attached at Annex 1. The IBA will work with the vendor in establishing and operating the Registry. The IBA will have the right to select an entity which will enter into a contract with the successful applicant for the operation of the Registry. 10.3 ANTICIPATED SCHEDULE OF ACTIVITIES /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc - 19 -
  • 20. List of Activities Proposed Timeline Publish RFP December 14, 2006 RFP questions from applicants due to IBA December 31, 2006 Deadline for submission of proposals January 13, 2007 Staff evaluation of proposals January 19-February 9, 2007 Post proposal interviews if deemed necessary February 11- February 28, 2007 Staff Recommendation for selection March 1, 2007 Selection approved by IBA March 10, 2007 Contract negotiated/signed by April 2, 2007 Commencement of project activities July 1, 2007 Disclaimer: Dates are subject to change. Dates for the selection of a proposal may, in the sole discretion of the IBA, be announced earlier than the dates stated above. 10.4 RFP AVAILABILITY This RFP will be published on the following Web site: at www.iba.org.in. A proposal may also be obtained by sending a written request to: Name: Mr. V Ramchandran, Vice President, The Indian Banks’ Association Address: 6th Floor, World Trade Centre–1, Cuffe Parade, Colaba, Mumbai – 400 005. Email: ramchandran@iba.org.in 10.5 QUESTIONS REGARDING THE RFP PROCESS Any person wishing to obtain clarifying information about this RFP must submit questions in writing on or before December 31, 2006. Questions may be submitted by e-mail to the e-mail address mentioned below. Questions received after December 31, will not be answered unless the IBA determines that the information requested is critical for a proper response by all potential applicants. Questions submitted by email should be directed to: Mr. V Ramchandran, Vice President, The Indian Banks’ Association Email: ramchandran@iba.org.in /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc - 20 -
  • 21. Answers to all written questions timely received will be posted on the IBA website within 2 working days of submission to the IBA. However, this Section 10.5 is subject to the disclaimer contained in Section 2.9 and applicants are advised to refer to the disclaimer contained in Section 2.9 of this RFP document. 10.6 TIMING/DEADLINE FOR SUBMISSION OF PROPOSALS The times stated in this document refer to Indian Standard Time (IST) where appropriate. The applicable time deadline for proposals is 5 p.m., January 14, 2007. A proposal received after this deadline will not be considered. Submit one (1) original and six (6) copies (seven (7) total) of the proposal to: Name: Mr. V Ramchandran, Vice President, The Indian Banks’ Association Address: 6th Floor, World Trade Centre–1, Cuffe Parade, Colaba, Mumbai – 400 005. Applicants should also submit one (1) copy of the proposal on a CD-ROM with the understanding that the CD-ROM does not replace the hard copies. The CD-ROM must be the same as the master hard copy. Where applicable, the documents shall be in Microsoft Word- Office 2006 format. 10.7 ORAL PRESENTATION Certain applicants may be required to make an oral presentation of their proposal to IBA staff evaluating the responses. The IBA has set aside dates for possible oral presentations by respondent(s) receiving the highest score(s) after staff evaluation. 10.8 RECEIPT OF PROPOSALS In establishing the time and date of receipt, the IBA will rely solely on the time/date stamp of the records of the IBA. 10.9 METHOD OF SUBMISSION The proposal should be filed under seal attached to the cover letter in the same project. The proposal may be submitted by mail, hand-delivery, or private delivery service. Facsimile or/and electronic submissions will not be accepted. Note: The IBA WILL NOT accept a postmark and/or round validation stamp, mail receipt with the date of mailing stamped by the Department of Posts, a dated shipping label, invoice or receipt from a commercial carrier, or any other documentation as proof of receipt of any proposal. Applicants are advised that the IBA assumes no responsibility, due to any circumstances, for the receipt of a proposal after the deadline time and date established in this RFP. /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc - 21 -
  • 22. 10.10 SOLE POINT OF CONTACT This RFP is issued by the IBA, which is responsible for selecting the vendor to establish and maintain the Registry. The IBA will be the sole point of contact for issues regarding this RFP document. 10.11 COMPENSATION OF SELECTED BIDDER The selected applicant shall be compensated for establishing and maintaining a Registry at the prices, terms and conditions established in its contract with the IBA. The IBA will approve the fees to be charged by the vendor during the negotiation of the contract. 10.12 SELECTION CRITERIA The evaluation team will select a proposal based on the ability of the applicant to provide the best value to the IBA and the banking industry generally. In addition, the applicant’s ability to carry out all of the requirements contained in this RFP, demonstrated competence and qualifications of the applicant, and the reasonableness of the proposed fees will be considered. • • /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc - 22 -
  • 23. 10.13 REVIEW OF PROPOSALS An evaluation team will be selected by the IBA. Evaluation of proposals will begin as soon as practical after receipt. The team will meet to discuss the proposals relative to one another and will make a recommendation for selection or further action. Applicants receiving the most favorable ratings from the evaluation team may be asked to send a representative for oral presentation and discussion of the project. Proposals may be rated again following oral presentations. Recommendations of the evaluation team will be assembled and presented to the IBA or its designee who will either (1) approve the recommended selection in whole or in part, (2) disapprove the recommendation, (3) defer action on the selection for such reasons as a requirement for further evaluation or (4) approve a different action. Each applicant will be notified in writing of the final action taken on the proposal submitted. In the case of the selected proposal, contract negotiations will commence shortly after notification. /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc - 23 -
  • 24. 10.14 EVALUATION OF BIDS. Notwithstanding anything to the contrary contained in this RFP, the IBA has the right, exercisable at its sole and absolute discretion, to accept or reject any bid made by an applicant, without assigning any reason therefore. The IBA is not obligated to any applicant to disclose the reason(s) for its decision in relating to the selection of the vendor. 10.15 REASONS FOR DISQUALIFICATION. Notwithstanding anything to the contrary contained in this RFP document and without prejudice to any of its rights or remedies of the IBA, the IBA shall be entitled it its sole discretion to determine that the applicant is to be disqualified and its participation in this process of selection dropped from further consideration for any of the reasons, including, without limitation, the following: (a) if a misrepresentation/false statement is made by the applicant, at any stage of the selection process, whether it its proposal, supporting documentation or otherwise, whether written or oral; (b) if the proposal submitted by the applicant is in any respect inconsistent with, or demonstrate any failure to comply with, the provisions of this RFP: (c) failure to comply with any material requirement of this RFP as determined by the IBA; (d) failure to comply with the reasonable requests of the IBA in relation to this selection process; or (e) it is discovered at any time that the applicant is the subject matter of winding up/ insolvency or other proceedings of a similar nature. 10.16 CONTRACT TERMS. The contract that the IBA will enter into with the successful applicant will be for a defined time period. The scope of work will cover periodic program evaluation and adjustment. The applicant and the IBA will negotiate compensation for any extended work. Notwithstanding anything contained herein, notice in writing to an applicant that it has been selected as a vendor will not constitute a contract nor give the applicant any legal or equitable rights or privileges. Only if a successful applicant and the IBA enter into a written contract, as a result of an RFP, will such applicant acquire any legal or equitable rights or privileges. 10.17 CERTIFICATION OF APPLICANT. By sending a proposal in response to this RFP, the applicant is deemed to have certified the following: /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc - 24 -
  • 25. a. Applicant has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to an employee or officer of the Association in connection with this RFP. b. Neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participating in the submission of a response to this RFP or any RFP of a similar nature by any governmental department or agency. c. Applicant has not received compensation from Association, or any agent, employee, or person acting on Association’s behalf for participation in the preparation of a response to this RFP. /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc - 25 -
  • 26. Annex 1 IBA/ICC’s Proposed National Do-Not Call Registry The Indian Banks Association (“IBA”) and the Indian Cards Council (“ICC”) are seeking information that may assist in the development, deployment and operation of a proposed national registry of telephone numbers of consumers who do not wish to receive telephone calls from banking telemarketers for financial products or services (“telemarketers”). The IBA and ICC are also soliciting information to determine the availability of capable contractors that can accomplish this task. This is a Request for Information ("RFI") only. It is issued solely for information and planning purposes. It does not constitute a Request for Proposals ("RFP") or a promise to issue an RFP in the future. This RFI does not commit the ICC or IBA to contract for any supply or service whatsoever. Neither the IBA nor the ICC will pay for any information or administrative cost incurred in response to this RFI. Background: - On November 21st, 2005, the Reserve Bank of India (“RBI”) issued a set of “Guidelines” which, inter alia, required banks to establish their own ‘do not call’ registries. Following consideration of ‘do-not-call’ registries in the USA and in Canada, the IBA and ICC, in conjunction with the RBI and MasterCard International, agreed, on February 14 th, 2006, to task the Governance sub-committee of the ICC with exploring the possibility of establishing a national “do-not-call” registry. The proposal, if adopted, would permit consumers who prefer not to receive telemarketing calls relating to banks’ financial services products to contact one centralized registry to effectuate this preference. Telemarketers would be required to refrain from calling consumers who have put themselves on this registry. The IBA and ICC anticipate that telemarketers would need to access the do-not-call registry on at least a fortnightly basis in order to ensure the remove from their telemarketing lists of those consumers who have placed themselves on the national registry. For the purposes of this RFI, ‘telemarketing’ is defined as “the use of telecommunications facilities to make unsolicited calls for the purpose of solicitation where solicitation is defined as the selling or promoting by a bank of a financial services product or service, whether directly or indirectly and whether on behalf of another party.” It does not include calls made by or on behalf of banks to their customers in relation to a product or service already supplied by the bank to the consumer provided such call relates to the operation, security or servicing of that product or service. In developing this proposed registry, the IBA and ICC have five primary considerations. The IBA and ICC want to ensure: (1) the accuracy and validity of the consumer telephone numbers added to the registry; (2) the capacity of the system to handle the potential volume of consumer requests to be placed on the registry and other requests as may be required based on the construct of the registry; (3) the security of the information maintained in the registry; (4) the accessibility of the registry to telemarketers and law enforcement and regulatory agents; and (5) the lowest possible system and operational costs. If a national "do-not-call" registry is adopted, the IBA and ICC envision the following as possible methods of operating this system. /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc - 26 -
  • 27. Consumers who wish to enroll in the national registry could do so by calling a number from the telephone line they wish to register and accessing an automated system. The system could capture the automatic number identification ("ANI") of the number calling the system. The system could then validate the origin of the call by asking the caller to enter, on his or her telephone keypad, the number of the telephone line the caller wishes to register. The system could automatically check the entered number against the ANI data. If the numbers match, the caller could be advised that the number is registered, and the telephone call would end. If the numbers do not match, the caller could be given instructions and/or options on how to register properly. At a minimum, this process would validate that the individual registering a telephone number is calling from the telephone line being registered, and that the individual knows the number he or she is registering. This validation helps ensure that only consumers who actually wish to be placed on the "do-not-call" list are placed there. Following successful registration a caller would need to be informed of the “30 day” period following which the registration will become effective. As an alternative method, consumers can register online using a process that is similar to the US registry on www.donotcall.gov whereby: a) The consumer enters his or her telephone number and email address and presses “submit”; b) The consumer sees a screen with their information as entered, checks for errors, and when correct, clicks “register”; c) To complete the registration, the consumer receives a confirmation email from the registry, which must be opened and a link contained therein clicked on, within 72 hours, to complete the registration. It is proposed that registration via a telephone call would cause the consumer to be registered in a way that causes all telemarketers, including the consumer’s own bank, to be required to refrain from telemarketing to that consumer, and a consumer would need to be made aware of that at the outset to the call. Online registration would allow a consumer to opt for certain banks to continue to be able to telemarket to that consumer. The registry’s database should be on a recognized and proven technological platform, rather than a proprietary development and should provide a simple and cost effective process for scrubbing data to ensure disconnected and reassigned numbers are removed. Two models for the scrubbing of telemarketers lists are being evaluated: The first is that each telemarketer is required, at least once per fortnight, to download phone numbers registered by consumers on the registry and to compare its telemarketing prospects list against those registered numbers such that any number registered with the registry is removed from the telemarketing prospects lists by the telemarketer. The second is that telemarketers upload their telemarketing prospects list to the registry, which performs the comparison of the supplied list with the numbers registered and provides the telemarketer with a list of numbers to which telemarketing can take place. Telemarketers who do business in India may need to access the registry as frequently as once per fortnight. In addition, appropriate IBA, ICC and possibly RBI employees (as well as authorized agencies on behalf of the IBA, ICC and/or RBI) may need to access the registry /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc - 27 -
  • 28. for enforcement or other authorized purposes. The IBA and ICC anticipate that such access could be available though a secure Internet website. Validation would have to occur to ensure that only appropriate entities are allowed access to the registry. Once secure access is achieved, information in the registry should be sortable and downloadable, as necessary. The information in the system, including dates of consumer registration and telemarketer access to the registry, will need to be maintained for a sufficient period of time to allow for effective enforcement and tracking purposes. Fees will be charged for accessing the registry and a system will have to be developed to bill, process, and deposit those fees. There may also need to be a system to collect unpaid accounts. Consumers will not be charged to register their telephone number in the registry. The basic details of the system outlined above may change as a result of the comments received in response to this RFI. Information Requested: - In responding to this RFI, the IBA and ICC ask potentially interested vendors to submit information on the following subjects. All responses should be a maximum of 20 pages, excluding printed marketing brochures and corporate or product information. Please number your answers to match the question numbers below. 1. Is the proposed system outlined above feasible and practical? Is there an alternative system that can be developed which provides an equal or greater level of consumer validation, registry security, and registry accessibility at a lower cost? 2. Briefly describe the system you would be capable of providing to the IBA and ICC should the proposed "do-not-call" registry go into effect. Include a brief description of the technical architecture of your proposed system, the methods used to handle the potential volume of consumer requests to register, and the security measures, including the tracking and accounting of disclosures, you would put into place to protect the registry information. 3. Briefly describe how you would allow telemarketer and enforcement agencies access to the registry. How would the potential size of the registry affect that access? Note that telemarketers with different levels of technical sophistication may need to access the registry. Also describe how you would ensure or authenticate that only appropriate entities obtain access to the registry information. 4. What procedures could be established to update and scrub the numbers in the "do-not-call" registry and, in particular, which of the two models for the scrubbing of telemarketer’s lists is most practical and efficient? 5. What procedures could your system offer to consumers who want to verify that their numbers have been placed in the "do-not-call" registry and to consumers who want to delete or change their information contained in the registry? 6. Describe the specific billing and collection methodologies and mechanisms you would use in respect of the fees to be charged to access the registry. /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc - 28 -
  • 29. 7. Describe your expectations concerning the rights you would maintain in any part of the proposed system you would develop. The IBA and ICC expect that the data collected in the registry would be the IBA’s property and cannot be used for any purpose other than for telemarketers to come into compliance with the telemarketing sales rules as described in the Guidelines. 8. Describe your suggestions regarding the receipt, validation and investigation of complaints received in respect of unauthorized telemarketing. 9. Provide estimates of the cost of your proposed system, in total and/or per transaction. Indicate the amount of those costs necessary to build or develop the system and the amount necessary to operate it. Do any of these cost estimates change based on the volume of transactions that occur? 10. Provide an estimate of the time necessary for you to implement your proposed system. 11. Briefly describe your company, products, services, history, ownership and any other information you deem relevant. In particular, describe any projects you have been involved in that are similar in concept to what is described in this RFI, including management and operations approach, security requirements, and any relevant lessons learned. 12. Include any comments on the structure of the requirements for a formal RFP response. 13. Identify the commercial performance matrix and incentives that should be used. /home/pptfactory/temp/20100512063837/10-conditions-for-submission-of-proposals1582.doc - 29 -