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BID DOCUMENT FOR ENGAGEMENT OF ADVISOR FOR INVESTMENT INMUTUAL FUND AS PER THE INVESTMENT PATTERN NOTIFIED BY
MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA.
Tender No. CPF.IV/Investment/Portfolio/2014-15
FOOD CORPORATION OF INDIACONTRIBUTORY PROVIDENT FUND TRUST
FOOD CORPORATION OF INDIAHeadquarters
16-20, Barakhamba Lane,New Delhi – 110001
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PART – ATECHNICAL BID
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DISCLAIMER
The information contained in this Bid document or subsequently provided toBidder, whether verbally or in documentary or any other form by or on behalf ofthe FCI or any of its employees or advisers, is provided to Bidder on the terms andconditions set out in this Bid document and such other terms and conditionssubject to which such information is provided. This information is on a wide rangeof matters, some of which depends upon interpretation of law. The informationgiven is not an exhaustive account of statutory requirements and should not beregarded as a complete or authoritative statement of law. The FCI accepts noresponsibility for the accuracy or otherwise for any interpretation or opinion on thelaw expressed herein.
This Bid document is not an agreement. The purpose of this Bid documentis to provide interested parties with information that may be useful to them in theformulation of their Proposals pursuant to this Bid document. This Bid documentincludes statements, which reflect various assumptions and assessments arrived atby the FCI in relation to the assignment. Such assumptions, assessments andstatements do not purport to contain all the information that each Bidder mayrequire. This Bid document may not be appropriate for all persons, and it is notpossible for the FCI, its employees or advisers to consider the objectives, technicalexpertise and particular needs of each party who reads or uses this Bid document.The assumptions, assessments, statements and information contained in this Biddocument, may not be complete, accurate, adequate or correct. Each Biddershould, therefore, conduct its own investigations and analysis and should check theaccuracy, adequacy, correctness, reliability and completeness of the assumptions,assessments and information contained in this Bid document and obtainindependent advice from appropriate sources.
The FCI, its employees and advisers make no representation or warrantyand shall have no liability to any person including any Bidder under any law,statute, rules or regulations or tort, principles of restitution or unjust enrichment orotherwise for any loss, damages, cost or expense which may arise from or beincurred or suffered on account of anything contained in this Bid document orotherwise, including the accuracy, adequacy, correctness, reliability orcompleteness of the Bid document and any assessment, assumption, statementor information contained therein or deemed to form part of this Bid document orarising in any way in this Selection Process.
FCI also accepts no liability of any nature whether resulting from negligenceor otherwise, however caused arising from reliance of any Bidder upon thestatements contained in this Bid document.
FCI may in its absolute discretion, but without being under any obligationto do so, update, amend or supplement the information, assessment or assumptioncontained in this Bid document.
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The issue of this Bid document does not imply that the FCI is bound toselect any Bidder or to appoint the Selected Bidder, as the case may be, for theassignment and the FCI reserves the right to reject all or any of the Proposalswithout assigning any reasons whatsoever.
The Bidder shall bear all its cost associated with or relating to preparationand submission of its Proposal including but not limited to preparation, copying,postage, delivery fees, expenses associated with any demonstrations orpresentations which may be required by the FCI, formation of consortium or anyother costs incurred in connection with or relating to its Proposal. All such costsand expenses will remain with the Bidder and the FCI shall not be liable in anymanner whatsoever for the same or for any other costs or other expenses incurredby an Bidder in preparation or submission of the Proposal, regardless of theconduct or outcome of the Selection Process.
General Manager (CPF) /Secretary, FCI CPF Trust
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FOOD CORPORATION OF INDIAHEADQUARTERS, NEW DELHI
NOTICE INVITING ONLINE BIDS FOR ENGAGEMENT OF ADVISOR FORINVESTMENT IN MUTUAL FUND AS PER THE INVESTMENT PATTERNNOTIFIED BY MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENTOF INDIA.
FROM:
The General Manager (CPF) /Secretary, FCI CPF Trust,FOOD CORPORATION OF INDIA16-20, Barakhamba Lane,New Delhi – 110001Tel. No. 011 - 4352 7548E-mail: - [email protected]
Dear Sir(s),
For and on behalf of the Food Corporation of India online bids in theprescribed Tender Document under two bid systems is invited from interested,eligible bidders to provide advices to FCI CPF Trust for Investment in Mutual Fundand allied activities. Food Corporation of India will not accept any manual bids/ hardcopy of bids. The assignment will be for a period of Two Years from the date ofissue of acceptance letter mutually extendable by another One Year on the sameterms and conditions.
2. The Tender Document and other detailed terms & conditions are available inthe Food Corporation of India website www.fciweb.nic.in (for reference only) as wellas at https://eprocure.gov.in/eprocure/app (for reference and online bidding).
3. Aspiring bidders/ suppliers are advised to go through and follow theinstructions provided at Appendix - I regarding ‘Instruction for Online BidSubmission’. Tenders and supporting documents should be uploaded through e-procurement Portal.
4. CRITICAL DATES SECTION:
Bid Publish Date 25.08.2015 (12.00 Noon)Bid Document Download Start Date & Time (IST) 25.08.2015 (12.00 Noon)Pre-bid Meeting on Tender (Query Submission) 31.08.2015 at 11.00 AMTender Document Download End Date & Time (IST) 16.09.2015 (5.00 PM)Bid Submission End Date & Time (IST). 16.09.2015 (5.00 PM)Bid Opening Date & Time (IST). (Technical) 17.09.2015 (11.00 AM)
5. The last date for submission of the Bids online is 5.00 PM of 16th
September, 2015 and Technical Bids will be opened online at 11.00 AM on thenext day in the presence of the intending bidders/their authorized representativeswho may wish to be present.
6. Bids to remain open for acceptance up to and inclusive of ninety days fromthe date of opening of the Technical Bid. The Food Corporation of India, may, at its
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discretion, extend this date by 30 days and such extension shall be binding on theBidders. If the date up to which the Bid is open for acceptance is declared to be aclosed holiday/Sunday, the Bid shall be deemed to remain open for acceptance tillnext following working day. The Bid of any bidder who does not keep the offersopen for the prescribed period shall be summarily rejected and his EMD shall beforfeited. The Bidder shall bear all costs associated with the preparation andsubmission of its tender, and the FCI will in no case be responsible or liable for thesecosts, regardless of the conduct or outcome of the tendering process.
7. The prospective bidders are advised to refer to the CPPP website for anymodification to the Tender Document and the bidders shall ensure that the BidDocuments submitted by them shall contain such modifications, failing which thebids shall be liable to be rejected.
8. The bidders shall deposit along with the Technical Bid through RTGS /NEFT/ELECTRONIC MODE an amount of INR Rs. 50,000/- (Rupees Fifty Thousandonly) towards Earnest Money and INR 1,000/- (Rupees One Thousand only) towardstender Fee in the Food Corporation of India, HQ, New Delhi CC AccountNo.10220632672, NEFT/ELECTRONIC MODE/RTGS No. SBIN 0005943 (SBI, K.G.Marg, New Delhi) and the scanned copy of RTGS / NEFT/ ELECTRONIC MODEacknowledgment of such deposit shall be uploaded along with the Technical Bid.
9. Food Corporation of India reserves the right to reject any or all tenders andto cancel the tender enquiry at any stage without assigning any reason.
10. The offers submitted by the Bidders would be governed by all the terms &conditions laid down in the Notice Inviting Bids, prescribed Bid Document and itsannexures, appendices, schedules etc.
11. Neither FCI nor NIC shall be responsible for non-accessibility of e-Procurement portal due to technical glitches or internet connectivity issues atBidder’s end.
12. In case of any clear indication of cartelization or express or implied anti-competitive agreements between the Bidder’s at the time of finalization of Tender orthereafter, which at any time i.e. before or after award of the Contract comes to thenotice of the FCI, the Tendering Authority may reject the relevant Bids, forfeit theirEMD/Security Deposit, recover the losses as assessed by the Authority arising out ofsuch anti-competitive practices of the Bid(s) and also recommend the case to theSEBI/AMFI/Ministry of Finance/Registrar of Companies/NSIC/CompetitionCommission of India or any other department having appropriate jurisdiction orAuthority, for initiating necessary action including, but non restricted to, cancellationof license.
13. FCI will not enter into negotiation with any Bidders including the lowestBidder.
14. Detailed Terms & conditions and Instructions governing the Bid can be seenin the Bid Documents.
General Manager (CPF),Secretary, FCI CPF Trust
FCI, Hqrs., New Delhi.
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1.1 FOOD CORPORATION OF INDIA (FCI) is one of the premier organizationsof the Government of India set-up under the Food Corporations Act, 1964 in order tofulfill the following objectives of the Food Policy: -
i. Effective price support operations for safeguarding the interests of thefarmers.
ii. Movement and Distribution of food grains throughout the country for publicdistribution system; and
iii. Maintaining a satisfactory level of operational and buffer stocks of foodgrains to ensure National Food Security.
1.2 Food Corporation of India CPF Trust is an exempted trust notified by Ministryof Labour & Employment, Government of India vide notification no. S-35015/75/2014-SS.II dated 11th May' 2015.
1.3 New Investment Pattern for EPF exempted trust has been issued by Ministryof Labour, Government of India vide notification no. 1134 dated 29.05.2015.FCI CPF Trust will make Investment as per prescribed pattern of Govt. ofIndia Notification dated 29.05.2015, as amended from time to time. Newpattern includes Investment in Mutual Funds.
2. SCOPE OF WORK.
2.1 Since the mutual fund options do not offer fixed returns and amongst variousAMC's have many multiple schemes amongst various investable options, thetender is invited for appointment of portfolio Advisor for mutual fundinvestments under following scope of work;
a) Suggest mode of investments, entry and exit strategy for mutual fundinvestments.
b) Debt and equity research for analytics suggesting market movementsfor trend and analysis.
c) Assist in updating the changes in Statutes/Legislations/Guidelines andaccordingly advice changes to be adopted in the internal investmentguidelines/ strategies for Regulatory Compliances.
d) Recommendation on mutual fund investments and scheme forinvestments amidst options available with risk and reward strategy. Itwill be responsibility of the advisor to recommend only thosesecurities which fulfills the requirement of Investment patternreferred above. In case, an investment is made as per the advice ofthe advisor, which does not fulfill the requirement of above referredInvestment pattern and FCI CPF Trust suffers any loss, the advisorshall be fully responsible and shall compensate such losses to FCI CPFTrust.
e) Month to month analysis of the portfolio held by FCI CPF Trust andadvise sale or purchase in holdings, if any, for optimizing return andminimizing risk.
f) Updating and reconciliation of accounts statement for mutual fundinvestments.
g) Year-end valuation norms for arriving at the fair value of the mutualfund investments.
h) The scope of work can be expanded as per the requirement and shallnot be limited as above.
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i) FCI CPF Trust will make investment “DIRECTLY” with the mutualfund houses and not through the advisor.
j) FCI CPF Trust shall make due diligence before making anyInvestment. The decision of the FCI CPF Trust is final in this regard.
k) Getting information about rating particulars of the securities quotedby the arrangers in a time bound manner to facilitate decision makingon the same day.
NOTE: THE ABOVE SCOPE OF WORK IS ILLUSTRATIVE ONLY AND NOTEXHAUSTIVE.
3. DEFINITIONS
3.1 The term ‘Contract’ shall mean and include the Invitation to Bid, Part-A andPart –B of the Bid document and its Annexures, Appendices, Acceptance ofTender and such general and special conditions as may be stipulated,including clarifications, corrigendum & addendum.
3.2 The term ‘Bidder/Advisor’ shall mean and include the Registered Firm withwhom the contract has been placed including their Executors, Administratorsas the case may be.
3.3 The term ‘Corporation’ wherever occur, shall mean the FOOD CORPORATIONOF INDIA established under the Food Corporations Act, 1964 and will includeits Authorized Officers.
3.4 The term ‘General Manager (CPF) shall mean ‘General Manager (CPF) ofFood Corporation of India, Headquarters, New Delhi.
3.5 The term ‘Secretary’ shall mean ‘Secretary, FCI CPF Trust’ of FoodCorporation of India, Headquarters, New Delhi.
3.6 The term ‘Office’ shall mean the Food Corporation of India, Headquarters,16-20, Barakhamba Lane, New Delhi – 110 001.
4. MINIMUM ELIGIBILITY CRITERIA
Technical bids of the Bidders fulfilling the pre-qualification conditions will only beevaluated by the duly constituted Technical Evaluation committee. FCI will shortlistbidders that meet the pre-qualification criteria mentioned below and each of theresponses shall be evaluated to validate compliance of the bidders according to thefollowing criteria and supporting documents mentioned with each clause. Bids ofthose Bidders not fulfilling the pre-qualification conditions given below will berejected.
Bidders must ensure that the documentary proofs to substantiate the pre-qualification mentioned below in their technical bid, otherwise the bid shall not beconsidered for evaluation.
Undertaking for subsequent submissions of any of the document will not beentertained under any circumstances; however the corporation reserves the right toseek clarifications on the documents submitted along with the tender.
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4.1 The bidder should have a valid SEBI registration for a period of atleastpreceding 5 financial years for carrying out investment advisory services.(Confirmation letter from Statutory Auditor confirming continuity asinvestment advisor for at-least preceding five Financial Years along with acopy of the valid SEBI registration Certificate should be uploaded.)
4.2 The bidder or its Group Company should be holding valid AMFI Registrationfor the Distribution and Advisory of Mutual Fund. (A copy of the AMFIregistration Certificate should be uploaded.)
4.3 The bidder/bidder group should have minimum net worth of Rs. 10.00 Croreas on 31.03.2015 and should have earned profit for last three financial years.
4.4 The bidder or its Group Company should be managing/advising minimumAsset Under Management (AUM) of Rs 500 Crores as on 31st March' 2015(Investments done by self or any Group/ associate Company will not beconsidered for evaluation purposes). Certificate from Statutory Auditors maybe uploaded.
4.5 The bidder or its Group Company should be managing/advising minimum ofRs 100 Crore AUM in each of the top 5 AMCs (top 5 by AUM)as on 31 March2015. (Certificate from statutory auditor indicating the amount invested ineach AMC, name and PAN number of the client.)
4.6 The bidder or its Group/ Associate Company or any sister concern should notbe in AMC business by any name/nature whatsoever at the time of applying.An undertaking may be uploaded.
4.7 The bidder should have its Functional Office at New Delhi or NCR.
4.8 The Bidder shall have a Service Tax Registration number. Copy of ServiceTax Registration certificate may be uploaded.
4.9 The Bidder shall have a PAN Card number. Copy of PAN Card number may beuploaded.
NOTE
1. Preceding Five Financial Years mean Financial Years 2010-2011, 2011-2012,2012-2013, 2013-2014 & 2014-2015.
2. Group or Associate companies would mean companies under the samemanagement where-in the Board consists of common promoters holdingminimum of 51%.
3. In support of all the minimum eligibility criteria, Bidders shall furnish &upload along with Technical bid self- attested copies of documentary prooffailing which the Bids are liable to be rejected.
4. The Bidder shall furnish & upload self-attested copies of the Audited Profit &Loss Accounts and Balance Sheet of the immediate preceding Three Financial
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Years (2012-13, 2013-14 & 2014-15). In case of non-finalization of theaccounts for the year 2014-15, bidder shall provide copy of the Audited Profit& Loss Accounts and Balance Sheet of the 2011-12 and same shall beconsidered.
5. The details of Bidder Particulars shall be furnished as per format prescribedat Annexure – II.
5. DISQUALIFICATION CONDITIONS:
5.1 Bidder, any of its Partners or its sister concern, who have been blacklisted orotherwise debarred by FCI or central/state Govt. or any central/ State PSU/Statutory Corporations will be ineligible during the period of such blacklisting/ debarment or for a period of five years from the date of blacklisting /debarment whichever is later.
5.2 Any Bidder, its sister concern, subsidiary, whose contract with FCI orcentral/state Govt. or any Central/ State PSU/Statutory Corporations, hasbeen terminated before the expiry of the contract period for breach of anyterms and conditions at any point of time during the last five years, will beineligible.
5.3 Bidder whose Earnest Money Deposit and/or Security Deposit have beenforfeited by the FCI or central/state Govt. or any central/ State PSU/Statutory Corporations, during the last five years, for breach of any termsand conditions will be ineligible.
5.4 If the proprietor/any of the partners of the Bidder firm/any of the Directorsof the Bidder company/any of the Directors or Members of the governingbody of the Society have been at any time, convicted by a Court for anoffence involving moral turpitude, such Bidder will be ineligible.
5.5 While considering ineligibility arising out of any of the above clauses,incurring of any such disqualification in any capacity whatsoever (even as aproprietor, partner, Member in another firm, or as a director of any companyetc.) will render the Bid disqualified.
5.6 Bidder who is not meeting the Minimum Eligibility criteria stipulated in the BidDocument shall not be eligible to apply for the bids.
6. CONSTITUTION OF THE BIDDER
6.1 Bidder shall in the Bid indicate their Legal status whether a RegisteredPartnership Firm/ LLP or a Private Limited Company, or a Public LimitedCompany incorporated in India. The composition of the partnership andparticulars of all partners, or names of all Directors of Company, asapplicable, shall be indicated.
6.2 The Bidder shall notify to the Corporation the death/resignation of any oftheir Partners/Directors immediately on the occurrence of such an event. Ifthe Bidder is a Partnership Firm, there shall not be any re-constitution of thepartnership without the prior written consent of the Corporation till thesatisfactory completion of the Contract, failing which the Contract shall
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forthwith be liable for termination treating it as breach of Contract by theBidder with consequences flowing there from, without prejudice to any otherrights or remedy Corporation may have under the Contract and Law.
7. PARTIES TO THE CONTRACT
7.1 The parties to the Contract are FOOD CORPORATION OF INDIA representedby its authorized Officer and the successful Advisor firm, which has beenawarded the contract.
7.2 The person signing the Tender or any other documents forming part of theTender, on behalf of any other person or a Registered Firm, shall be deemedto warrant that he has the authority to bind the Registered Firm in allmatters pertaining to the Contract. If at any stage it is found that the personconcerned had no such authority the FOOD CORPORATION OF INDIA may,without prejudice to other civil/criminal remedies, terminate the Contract andhold the signatory liable for all costs and damages.
8. NOTICE / ADMINISTRATIVE CONTACT
8.1 All communications concerning the various issues pertaining to the Bid shallbe directed on the address listed below. Unauthorized contact with other FCIofficials may result in disqualification. Any oral communications will beconsidered unofficial and is not binding on FCI. Bidder shall rely only onwritten instructions issued by the authorized Officer of FCI.
Authorized FCI Officer General Manager (CPF)/Secretary, FCI CPF Trust
AddressFOOD CORPORATION OF INDIA16-20, Barakhamba Lane,New Delhi – 110001.
Phone 011 - 4352 7548FAX 011 – 2341 4163Email [email protected]/ Authorized RepresentativeAddressPhoneFAXEmail
8.2 Any action required or permitted to be taken and any document required orpermitted to be executed, under this contract by FCI or the Bidder, may betaken or executed by the respective Authorized Officers which shall bebinding on the parties.
9. SUBLETTING
The Bidder shall not sublet, transfer, or assign the Contract, or any partthereof. In case of subletting, the Contract shall be summarily terminated atthe risk & cost of the bidder and Security Deposit shall be forfeited, without
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prejudice to any rights or remedies the Corporation may have under theContract and Law.
10. RELATIONSHIP WITH THIRD PARTIES
All transactions between the Bidder and third parties shall be carried out asbetween two principals without reference to the Corporation in anyevent/manner. The Bidder shall also undertake to make third parties fullyaware of the position aforesaid.
11. DOCUMENTS COMPRISING THE BID
The Bid shall comprise of Part –A Technical Bid and Part-B Price Bid(BOQ), its Appendices, Annexures, schedules and all supporting documentsand attachments.
12. SIGNING OF BIDS
12.1 FCI will evaluate only those Bids that are received in the prescribed formatsand complete in all respects. Incomplete and /or conditional Bids shall beliable to be rejected. The Bid and all related correspondence and documentsin relation to the Bid Process shall be in English language only. Supportingdocuments and printed literature furnished by the Bidder with the Bid may bein any other language provided that they are accompanied by translations inthe English language, duly authenticated and certified by the Bidder.Supporting materials, which are not translated into English, may not beconsidered. For the purpose of interpretation and evaluation of the Bid, theEnglish language translation shall prevail.
12.2 Person(s) signing the Bids shall state in what legal capacity he / she is, orthey are signing the Bids, e.g., partner of the firm / LLP or as a Secretary/Manager / Director etc., of a Limited Company etc.
12.3 In case of Partnership firm registered under Indian Partnership Act, 1932,the names of all partners should be disclosed and the Bids shall be signed byall the partners or the Authorised Representatives, as the case may be. Theattested copy of the registered partnership deed shall be furnished alongwith the Bid.
12.4 In case of companies/ LLP registered under the Companies Act, 2013/Limited Liability Partnership Act, 2008, the names of all the Directors/partners shall be mentioned and a self-attested copy of the Resolutionpassed by the Company/ LLP authorizing the person signing the Bid to do soon behalf of the company/ LLP shall be attached with the Bid along with self-attested copy of the Memorandum & Articles of Association of the Company/Registered agreement of LLP, certificate of incorporation etc.
12.5 The person signing the Bid or any other documents forming part of the Bidas a Power of Attorney holder of the Firm shall be responsible to produce aproper Power of Attorney duly executed on a non – judicial stamp paper ofappropriate value, duly attested by a Notary Public in his favour, stating thathe has authority to bind the firm in all matters, pertaining to the Contract. Ifat any stage it is found that the person concerned had no such authority FCImay, without prejudice to other civil/criminal remedies, terminate the
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Contract and hold the signatory & the Firm liable for all costs andconsequences.
12.6 The Power of Attorney should be signed by all the partners in the case of apartnership concern, by the person who by his signature can bind thecompany/LLP in the case of a limited company/ LLP.
12.7 If the person so signing the Bids fails to produce necessary documentaryproof of his Authority as indicated above, his Bid shall be summarily rejectedwithout prejudice to any other rights of the Corporation under the law.
12.8 A registered/notarized power of attorney by the CEO or competent authorityauthorizing the Bidder to sign/ execute the proposal as a binding documentand also execute all relevant agreements forming part of RFP is to beenclosed.
13. SUBMISSION OF BID
13.1 Before the last date & time, as notified in critical date sheet the Bidder shallsubmit electronically. The Bids complete in all respect along with duly filledand signed Attachments including Appendices, Annexures, SupportingDocuments etc. are to be scanned and uploaded at the space/packetprovided in the CPP portal by the Authorized Signatory as stipulated in theTender. Hard copy of the Tender Documents will not be accepted repeat willnot be accepted at this stage. FCI may extend the deadline for submissionof Bids by issuing an amendment in which case all rights and obligations ofFCI and the Bidders previously subject to the original deadline will then besubject to the new deadline.
13.2 The onus of ensuring fulfillment of the eligibility condition would be on theBidder and any Bid, if subsequently found ineligible would be summarilyrejected.
13.3 If any of the documents are found to be forged / fabricated at any stage orany concealment on the part of the Bidder is found at any stage, the FCIshall have the right to take action for banning the bidder from participation inany tenders of FCI apart from initiating legal action under the applicable lawfor causing any loss/damage and to disqualify/summarily terminate theContract without prejudice to any other rights or remedies that theCorporation may have under the Contract and Law.
13.4 The original/attested copies of the Attachments from the successful bidderwill be collected on the date to be notified to enable the Corporation tophysically verify the authenticity of the documents scanned and uploaded inthe e-Procurement portal.
13.5 Price Bid as submitted by the Bidder in BOQ format of only those bidderswho qualify in the Technical bid would be opened.
13.6 A consolidated fee for rendering the Services shall be quoted by the bidder inthe BOQ as given in the tender.
Note: - While quoting rates in the Price Bid, bidders are expected to take intoconsideration following factors:-
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i) All rates will be treated as firm price for the period of the contract. Noescalation whatsoever shall either be claimed or considered.
ii) Bidders are requested to note that they should necessarily submit theirfinancial bids in the format provided and no other format is acceptable. ThePrice Bid has been given as a standard BOQ format with the tenderdocument. The same is to be downloaded and to be filled by all the bidders.Bidders are required to download the BOQ file, open it and complete thegreen colored (unprotected) cells with their respective financial quotes andother details (such as name of the bidder). No other cells should be changed.Once the details have been completed, the bidder should save it and submitit online, without changing the filename. If the BOQ file is found to bemodified by the bidder, the bid will be rejected. Price bid format is providedin .xls format along with this tender document. Bidders are advised todownload and quote rates and upload it in the site at the respectivelocations.
14. EARNEST MONEY DEPOSIT:
14.1 The bid must be accompanied by an EMD of Rs. 50,000/- (Rupees FiftyThousand only). The EMD shall be denominated in Indian Rupees, and shallbe in the form of electronic mode only viz RTGS/NEFT/ECS in FCI BankAccount, particulars of which are given below:-
Name of the Account : Food Corporation of IndiaAccount Number : 10220632672Bank Branch Name : SBI K G Marg, New DelhiIFSC : SBIN 0005943
14.2 No Cheque/Bank Draft / Pay Order will be accepted. No interest will bepayable by the Corporation on the amount of the EMD. The bids notaccompanied by the requisite EMD shall be summarily rejected. Earnestmoney will be returned to all unsuccessful bidder(s) within a period of 30days from the date of issue of the acceptance letter and to a successfultenderer after he has furnished the security deposit, if he does not desire thesame to be adjusted towards the security deposit. However, in the casebidder/tenderer is disqualified during technical evaluation, the earnest Moneywill be refunded within 15 days of technical disqualification of the tender. Nointerest shall be payable on Earnest Money, in any case.
14.3 The Bidder should have made a payment of Rs. 50,000.00 (Rupees FiftyThousand Only) towards EMD via RTGS/ NEFT/ Electronic mode. (Proof ofpayment, i.e. Scanned copy of Acknowledgement receipt with UTR number ofRTGS/NEFT/Electronic may be uploaded).
14.4 The Bidder should have made a payment of Rs. 1,000.00 (Rupees OneThousand Only) towards Tender Form Charges via RTGS/ NEFT/ Electronicmode. Proof of payment, i.e. Scanned copy of Acknowledgement receipt withUTR number of RTGS/NEFT/Electronic mode may be uploaded).
15. FORFEITURE OF EARNEST MONEY DEPOSIT:
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The bid must remain valid and open for acceptance for a period of 90 daysfrom the date of opening of the Technical proposal, the bid validity period canbe extended by another 30 days at the discretion of FCI. Such extension shallbe binding on the Bidders. Any Proposal giving a lesser period of validity otherthan 90 days is also liable to be rejected. The EMD of the bidder will beforfeited by the Corporation if the Bidder fails to keep the offers open for theprescribed period / extended period, if a bidder reviles, resile, alters orwithdraws his bid in any manner during the period of bid validity specifiedabove. In case the last date for acceptance of the tender is declared as aholiday or holiday for FCI offices, the tender shall remain open for acceptancetill next working day following the holiday.
16. CLARIFICATION ON TENDER DOCUMENTS:
16.1 The bidders may request for any clarification on tender document within 10days of the floating of the tender document/ amended tender document. Anyrequest for a clarification shall be submitted in writing by paper, mail orfacsimile or e-mail at the address given in bid document. FCI may at anytime prior to the due date of the proposal and for any reason, whether at itsown initiative or in response to any clarification sought by a bidder maymodify the tender document by way of an addendum. Any addendum thusissued will be posted on the website of the corporation (www.fci.gov.in)and such addenda/ corrigendum/ clarification will be binding on all Bidders.In order to afford the prospective bidders to take into account the addendumor for any other reasons, FCI may, at its discretion extend the deadline forsubmission of bids.
16.2 Bidder can modify and correct or upload any relevant document in the portaltill the last date and time of Bid submission, as published in the e-procurement portal.
17. TENDER EVALUATION CRITERIA
17.1 PRE QUALIFICATION (1st Stage)
The Bidders who are fulfilling the minimum eligibility criteria as laid down atSerial No. 4 in the Bid document can only apply. The Bid in respect of theBidders who does not fulfill the minimum eligibility criteria are liable to besummarily rejected. The Technical Bids of the Bidders who fulfill theminimum eligibility criteria will only be considered for further evaluation.
17.2 The Technical Bids shall be evaluated and given marks as per the criteriabelow. (Details should be provide in the Annexure III):
1) Technical Evaluation (2nd stage)
Sl.No. Evaluation Criteria / Parameter Scoring criteria
Marksassigned
1The bidder or its Group Companyshould have minimum 5 years’experience in the field of Investment
Atleast 5 years’experience and less than10 years of experience
10
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Advisory Services to Institutions.
(Confirmation letter from StatutoryAuditor confirming continuity asinvestment advisor for at-leastpreceding five Financial Years alongwith a copy of the valid SEBIregistration Certificate should beuploaded.)
Max Marks : 20
10 Years’ or more than 10Years’ experience
20
2
The bidder or its Group Companyshould have experience in handlingclients with mutual fund investments ofmore than Rs 100 crores in each of thelast five financial years.Note: The Investments made by theGroup/ Associate Company or anysister concern will not be consideredfor evaluation.
(A certificate from each clientindicating the amount of investmentsmade in mutual fund through/ onadvise of the bidder should beuploaded.)
Max Marks : 15
One or Two clientswhose corpus is morethan Rs.100 crores
5
Above two and upto 5clients whose corpus ismore than Rs. 100 Crores
More than 5 clients whosecorpus is more than Rs.100 Crores.
10
15
3
The bidder or its Group Companyshould have minimum Asset UnderManagement including advisory of Rs500 crores as on 31st March' 2015,duly certified by the Statutory Auditors.
Note: The AUM or Investments madeby the bidder or its Group/ AssociateCompany or any sister concern will notbe considered for evaluation.
(A certificate from the statutory auditorindicating total assets undermanagement including throughadvisory services as on 31.03.2015should be uploaded.)Max Marks : 25
AUM of atleast Rs. 500crores but less than Rs.2000 Crores.
5
AUM of Rs. 2000 croresbut less than Rs. 3000Crores
10
AUM of Rs. 3000 croresbut less than Rs. 4000CroresAUM of Rs. 4000 croresbut less than Rs. 5000CroresAUM of Rs. 5000 Croresplus
15
20
25
4
The bidder or its Group Companyshould have diversified AUM includingadvisory across various AMCs andshould be having minimum of Rs 100Crore AUM each in top 5 AMCs (top 5by AUM size as on 31st March’ 2015)each.(Certificate from statutory auditorindicating the amount invested in each
Between 5 -7 AMC’s
Between 8 - 10 AMC’s
More than 10 AMC’s
5
10
15
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AMC, name and PAN number of theclient.)
Max Marks : 15
5
The bidder or its Group Companyshould have in house research team foranalyzing the equity and Debt market.
(A copy of the monthly magazine /research papers/ handouts should beuploaded)
Max Marks : 10
Yes/ No 10
6
The bidder or its Group Companyshould have Mutual FundInvestment/advisory from atleast onePSU Employee Benefit and RetirementFund Trust (PSU Clientele) as on 31stMarch' 2015
Please note that each trust shall beconsidered as a separate entity forinstance EPF trust, Gratuity Trust,Superannuation Trust of same principalshall be considered as separate trustfor evaluation purposes.
(A certificate from each clientindicating the amount of investmentsmade in mutual fund through/ onadvise of the bidder should beuploaded.)
Max Marks : 15
Upto five PSU clientele.
More than five PSUClientele however uptoten PSU Clientele.
More than 10 PSUClientele
5
10
15
2) To qualify the Technical Bid Evaluation the bidder must conform to all therequirements stated in the RFP document. FCI may also take a presentation, as itmay deem necessary, from each or any of the bidders before finalizing the TechnicalScore.
3) A Technical Score of seventy (70) per cent or above will be declared as onlytechnically qualified bid. The Financial Bids of only those bidders who have obtaineda Technical Score of 70 percent or more shall be opened.
4) Any conditionality included in the Technical bid shall lead to summarydisqualification of the entire bid.
17.3 FINANCIAL EVALUATION
1) In the third stage, the financial evaluation of the proposal will be carried outafter determining whether the Financial Proposals are complete andunconditional.
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2) Price Bid shall be submitted online in a separate Packet quoting the rates inthe format at Schedule – I for Price Bid.
3) No Negotiations will be conducted.
4) The bids shall be evaluated on the basis of the Price quoted by the bidders.The Lowest Quoting Bidder (L1) will be selected. In case same lowest rate isquoted by more than one bidder, award of the work shall be given to the onewho scored highest marks in Technical evaluation.
5) The rate quoted shall include all estimated travel and other out of pocketexpenses.
6) The rate quoted shall be all inclusive and will include incidentals likestationery, telephone expenses; Infrastructure requirements such as Laptops,data cards etc. & all taxes except service tax should also be included infinancial bid.
7) The cost indicated in the Financial Proposal shall be deemed as final andreflecting the total cost of services. Omissions, if any, in costing any itemshall not entitle the agency to be compensated and the liability to fulfil itsobligations as per the Scope of Work within the total quoted price shall bethat of the bidder.
8) Any conditionality included in the financial bid shall lead to summarydisqualification of his bid and forfeiture of his EMD.
18. AWARD OF CONTRACT:
18.1 The contract will be awarded to the successful lowest Bidder by way ofissuance of acceptance letter by FCI by Registered post/ speed post /e-mail/hand delivery under acknowledgment and the Bidder shall immediatelyact upon such Acceptance Letter. Acceptance so conveyed will bring intoexistence the Contract between the Bidder and FCI and the contract shall beeffective from the date of acceptance letter. The Contract, if any, which mayeventuate from this Bid shall be governed by the terms and conditions ascontained in the NIT, Bid documents, its Annexures and schedules. TheBidder shall be bound by the communication of acceptance of the offerdispatched by FCI within the time.
18.2 Food Corporation of India reserves the right to accept or reject any or all theBids and / or cancel the Bid enquiry at any stage without assigning anyreason and does not bind itself to accept the Lowest Bid or any Bid andcorporation will not be liable for any costs and consequences thereof.
18.3 Within 10 days from the date of issuance of acceptance letter by FCI, thesuccessful Bidder shall furnish a Hard copy of entire prescribed Bid Document(Part-A and Part –B) duly signed on every page by the authorized signatoryand return it to FCI, failing which the same will be treated as a breach of theContract and consequences thereof shall follow.
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19. TERM OF CONTRACT
The assignment is for a period of Two Years from the date of award of theContract. The term can be extended by another One Year on the same termand conditions on mutual consent.
20. FEES & OTHER CHARGES
20.1 No other payments, apart from the consolidated fee (as quoted & acceptedby the Corporation) is payable.
20.2 The admissible Fee will be paid to the Bank Account of the Bidder maintainedin any Bank located in India in Indian Rupee only.
21. PAYMENT SCHEDULE
21.1 Payment shall be released by FCI on monthly basis on submission of prereceipted bills in duplicate along with required documents.
21.2 No advance payment will be paid to the Advisor. The payment shall be madeagainst the submission of the invoices. The payment shall be made to theAdvisor with-in 15 days from receipt of properly raised invoice.
22. CONDITIONAL TENDER
Conditional Tenders will not be entertained in any circumstances and thesame shall be rejected summarily and EMD furnished by the biddersfurnishing the conditional tenders is liable to be forfeited.
23. SECURITY DEPOSIT:
23.1 The successful Bidder shall furnish a sum, within fifteen working days ofacceptance of Tender, as a Security Deposit equivalent to 5% of the Contractvalue for the due performance of its obligations under the Contract. SecurityDeposit will be accepted through Electronic Clearing System(ECS)/RTGS/NEFT in the Food Corporation of India bank Account, particularsof which are given below:-Name of the Account : Food Corporation of IndiaAccount Number :10220632672Bank Branch Name : SBI K G Marg, New DelhiIFSC : SBIN 0005943
23.2 On the specific request of the successful Bidder, the EMD amount may beadjusted against Security Deposit.
23.3 In case of failure of Bidder to deposit the Security Deposit within 15 workingdays of acceptance of the Bid, further one time extension of 07 working days
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can be given by Competent Authority subject to levy of penalty @ 1% ofSecurity Deposit.
23.4 The Security Deposit furnished by the Bidder will be subject to the terms andconditions given in the bid document and the Corporation will not be liablefor payment of any interest on the Security Deposit.
23.5 In the event of the Bidder’s failure, after the communication of acceptance ofthe bid by the Corporation, to furnish the requisite Security Deposit by thedue date including extension period, his Contract shall be summarilyterminated. Besides, the Earnest Money furnished by the bidder shall beforfeited and the Corporation shall proceed for appointment of anotherAdvisor at the Risk and Cost of the Bidder. Any losses or damages arising outof and incurred by the Corporation by such conduct of the Advisor will berecovered from the Advisor, without prejudice to any other rights andremedies available to the Corporation under the Contract and Law. Thebidder will also be debarred from participating in any future Tenders of theCorporation for a period of five years. After the completion of prescribedperiod of five years, the bidder may be allowed to participate in the futureTenders of FCI provided all the recoveries/ dues have been effected by theCorporation and there is no dispute pending with the bidder/Party.
23.6 If the successful Bidder had previously held any Contract and furnishesSecurity Deposit, the same shall not be adjusted against this bid and a freshSecurity Deposit will be required to be furnished. The Security Deposit willremain with FCI throughout the period of Contract and three monthsthereafter shall be released only on the successful completion of the Contractto the satisfaction of the Corporation and shall carry no interest.
23.7 FCI will NOT be responsible for any delay on the part of the bidder insubmission of the bids.
23.8 The bids submitted by hard copy, telegram/ fax/ E-mail etc. shall not beconsidered. No correspondence will be entertained on this matter.
23.9 No deviations from tender terms and conditions (Be it for Bid submission,Price Schedule or any other conditions) will be accepted. Any violationthereof will lead to the rejection of the bid and forfeiture of EMD.
23.10 The submitted recommendations will be examined in detailed and assessedby a duly constituted expert group with members from the relevantunits/divisions of FCI. If necessary, an external expert may also be a part ofthe committee. In case if the committee feels the recommendations need tobe redefined or requires any additional clarification, the Advisor bidder shouldbe in a position to adhere to the advice of the committee. For suchcorrections/refinements, no additional payments shall be made by FCI.
24. FCI RESERVES THE RIGHT TO ACCEPT/REJECT ANY OR ALLOFFERS:
FCI reserves the right to accept or reject any tender offer, and to annul thetendering process and reject all tenders at any time prior to award of
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contract, without thereby incurring any liability towards the affectedAdvisor(s)/Bidders or any obligation to inform the affected Advisor(s) of thegrounds for the said action.
25. LIABILITY OF PERSONNEL
All persons employed by the Bidder shall be engaged by him as his ownemployees/workers in all respects and all rights and liabilities under allstatutory enactments as applicable to such personnel shall be the soleresponsibility of the Bidder. The Bidder shall be bound to indemnify theCorporation against all the claims whatsoever in respect of his personnel. IfFCI was compelled to pay any claims/ damages / contributions etc. the samewill be recovered from the Bidder.
26. CORRUPT OR FRAUDULENT PRACTICES:
26.1 FCI requires that the Advisor under this tender observe the highest standardsof ethics during the execution of this contract. In pursuance of this policy,the terms set forth are defined as follows:- “Corrupt Practice” means theoffering, giving, receiving or soliciting of anything of value to influence theaction of the public official in the procurement process or in contractexecution; and “Fraudulent practice” means a misrepresentation of facts inorder to influence in execution of a contract, and include FCI collusivepractice among Advisor (prior to or after bid submission). FCI will not acceptbid prices at artificial non-competitive levels and will not deprive it of thebenefits of the free and open competition; FCI will reject a proposal foraward if it determines that the Advisor recommended for award has engagedin corrupt or fraudulent practices in competing for the contract in question.FCI will declare an Advisor ineligible, either indefinitely or for a stated periodof time, to be awarded a contract if, at any time, it determines that theAdvisor has engaged in corrupt and fraudulent practices in competing for, orin executing, a contract.
26.2 In case of any clear indication of cartelization or express or implied anti-competitive agreements between the Bidders at the time of finalization ofTender or thereafter, which at any time i.e. before or after award of theContract comes to the notice of the FCI, the Tendering Authority may rejectthe relevant Tenders, forfeit their EMD/Security Deposit, recover the lossesas assessed by the Authority arising out of such anti-competitive practices ofthe Bidder(s) and also recommend the case to the SEBI/AMFI/Ministry ofFinance/Registrar of Companies/NSIC/Competition Commission of India orany other Department having appropriate jurisdiction or authority, forinitiating necessary action.
26.3 If any of the documents are found to be forged / fabricated at any stage orany information furnished is found to be false, any concealment on the partof the Bidder is found at any stage, the FCI shall have the right to take actionfor banning the bidder from participation in any tenders of FCI apart frominitiating legal action under the applicable law for causing any loss/damageand to disqualify/summarily terminate the Contract without prejudice to anyother rights or remedies that the Corporation may have under the Contractand Law.
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27. LIQUIDATED DAMAGES FOR DELAY
All the activities mentioned in the Scope of Work and submission of Reportshould be completed as per the time schedule given by FCI. Delay insubmission of report will attract Liquidated damages @ 2% of the total Bidvalue per fortnight for a maximum of 2 months, which the FCI and Advisor /Bidder agree to be the genuine pre estimate of damages. For any delaybeyond this, FCI shall be free to terminate the contract and get the workdone from an alternate source at the risk and cost of the Advisor / Bidder,besides forfeiting Security Deposit.
Time schedule: - Advisor will submit report monthly by 15th of every monthon all the activities mentioned in the Scope of Work, or as advised by FCIfrom time to time.
28. FIXED PRICE CONTRACT:
The price bid shall be on a fixed price basis, inclusive of all taxes (exceptService Tax). Price quotation accompanied by conditional expressions such as"subject to immediate acceptance", "subject to confirmation", etc. will betreated as conditional bids and shall be liable for rejection.
29. RECOVERY OF LOSSES SUFFERED BY THE CORPORATION
29.1 The Corporation shall be at liberty to reimburse themselves for any damageslosses, charges, costs or expenses suffered or incurred by him due tobidder’s negligence and/ or un-workmanlike performance of service underthe Contract or breach of any terms thereof. The total sum claimed shall bededucted from any sum then due or which at any time thereafter maybecome due, to the bidder under this or any other Contract with theCorporation. In the event of the sum which may be due from the Bidder asaforesaid being insufficient, the balance of the total sum claimed andrecoverable from the Bidder as aforesaid shall be deducted from the SecurityDeposit, furnished by the bidder. Should this sum also be not sufficient tocover the full amount claimed by the Corporation, the bidder shall pay to theCorporation on demand the remaining balance of the aforesaid sum claimed.
29.2 In the event of termination of this Contract, or in the event of any breach ofany of the terms and conditions of this Contract by the bidder, the FCI shallhave the rights to forfeit the entire or part of the amount of Security Depositof the bidder or to appropriate the Security Deposit or any part thereof in ortowards the satisfaction of any sum due to be claimed for and damages,losses, charges, expenses or cost that may be suffered or incurred by theCorporation including to get the work done from an alternate source at therisk and cost of the Advisor, without prejudice to any other rights orremedies the Corporation may have under the Contract and Law.. Thedecision of the FCI in respect of such damages, losses, charges, expenses orcost shall be final and binding on the Bidder(s).
30. SET–OFF
Any sum of money due and payable to the Bidder (including Security Depositrefundable to the Bidder) under this Contract may be appropriated by the
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Corporation and set off against any claim of the Corporation under thisContract or any other Contract made by the Bidder with the Corporation.
31. NEGOTIATION
FCI will not conduct any negotiation on the price quoted by any of the bidderat any stage who participates in this tender.
32. CONFIDENTIALITYAny information pertaining to the Govt. or any other agency involved in theproject, matter concerning Govt. or with the agency that comes to theknowledge of the bidder in connection with this contract will be deemed tobe confidential and the Advisor will be fully responsible for the same beingkept confidential and held in trust, as also for all consequences of itsconcerned personnel failing to do so. The bidder shall ensure due secrecy ofinformation and data not intended for public distribution.
33. TERMINATION
33.1 In the event of the Bidder having been adjudged insolvent or goes intoliquidation or winding up their business or failing to observe any of the termsand conditions governing the contract FCI shall be at liberty to terminate thecontract forthwith without prejudice to any other rights or remedies underthe Contract and Law and to get the work done for the unexpired period ofthe Contract at the risk and cost of the Bidders and claim from the Biddersany resultant loss sustained or cost incurred.
33.2 FCI may without prejudice to any other remedy or right of claim for breachof contract, by giving not less than 7 (seven) days, written notice of defaultto the bidder, terminate the contract:
i. If the Bidder commits breach of any of the terms and conditions of thecontract.
ii. If the bidder fails to tender any or all the services under the contract withinthe time period (s) specified in the contract or any extension thereof grantedby FCI in writing.
iii. If the Bidder, in either of the above circumstances, does not remedy itsfailure within a period of 7 ( seven) days after receipt of the default noticefrom FCI.
iv. If the Bidder in the judgment of FCI has engaged in corrupt or fraudulentpractices in competing or in executing the contract.
33.3 In the event, FCI terminate the Contract, FCI may get such services done,upon such terms and in such manner as it deems appropriate at the risk &cost of the bidder. In addition, such action by FCI as aforesaid shall notrelieve the bidder of his liability to pay liquidated damages for his failure insupply with in the stipulated time as defined in the contract.
33.4 If the bidders makes a false averment regarding qualification, experience orother particulars under any of the clauses of this tender, such bidder shall be
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liable to be debarred for any future assignment of the FCI for a period of 5(Five) Years.
34. FORCE MAJEURE
A Force Majeure means any event or circumstance or a combination ofevents and such as:
i. Drought, lighting, earthquake, landslides, tempest, cyclone, hurricane,whirlwind, storm, floor, and other unusual or extreme adverse weather orenvironment conditions, transporter’s agitation, merchant agitation, riots,civil disturbances of any kind including civil commotion or other events ofnatural disaster of rare severity.
ii. Epidemic or strikes.iii. Act of war (whether declared or undeclared), threat of war, invasion, armed
conflict or act of foreign enemy, unexpected call up of armed forces,revolution, religious strife, bombs, sabotage, terrorism or threat of such actsor other similar events of political or social nature.
iv. Expropriation , confiscation, or nationalization of the Facilities/Project byGovt. or a competent Authority;
v. The imposition of any blockade, embargo, import restrictions, rationing orallocation by Govt.
vi. Any decision or order of a court or tribunal which has the effect of restrainingall or any part of the activities concerning the provision of Services.
vii. Any event or circumstances of a nature analogous to the foregoing.
viii. Which are beyond the reasonable control of the affected Party, which suchparty could not have prevented or reasonably overcome with the exercise ofreasonable skill and care in relation to the implementation of this Agreement,which do not result from the negligence of such party or the failure of suchParty to perform its obligations hereunder which are of an incapacitatingnature and of severe magnitude and have a Material Adverse Effect on theaffected party’s obligations under this Agreement. A party shall be entitled tosuspend or excuse performance of its respective obligations under thisAgreement to the extent such performance is impeded by a Force Majeureevent.
34.1. PROCEDURE FOR FORCE MAJEURE
If a party claims relief on account of a Force Majeure, then the Party claimingto be affected by the such event shall, as soon as reasonably practicable andin any event within seven days of becoming aware of the Force Majeure, givenotice of and describe in reasonable detail the effect of such Force Majeureto the other Party in writing, including the dates of commencement andestimated cessation of such Force Majeure and its effects on the partiesobligation under the Agreements. Upon cessation of the situation which ledto a Party claiming Force Majeure under this section the relevant Party shallwithin seven days thereof notify the other Party in writing of the cessationand the Parties shall as soon as practicable thereafter continue performanceof all obligations under this Agreement but without prejudice to the excuse ofperformance of all obligations during the continuance of the Force Majeure.
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34.2. REVISED TIMETABLE
Provided that the party claiming to be affected by the Force Majeure hascomplied with the notice procedure, any time period specified in thisAgreement for the performance of an obligation, including the term of thisAgreement, shall be appropriately extended for a period equal to that duringwhich the effect of the Force Majeure applies to the obligation.
34.3 CONSULTATION AND DUTY TO MITIGATE
The Party claiming relief under Force Majeure shall, at its own cost, take allsteps reasonably required to remedy and mitigate the effects of the ForceMajeure and restore its ability to perform its obligations under thisAgreement as soon as reasonably practical. The Parties shall consult witheach other to determine the reasonable measures to be implemented tominimize the losses to each Party resulting from the Force Majeure.
34.4 PROLONGED FORCE MAJEURE
In the event Force Majeure continuously impedes or prevents a Party’sperformance for longer than 60 consecutive days from the date ofcommencement of such Force Majeure, notwithstanding the suspension ofthe obligations of the Parties, they shall decide by mutual consent throughconsultation either the terms upon which to continue the performance of thisAgreement or to terminate this Agreement.
34.5 EXCEPTIONS APPLICABLE TO PARTIES
The Parties shall not have the right to consider any of the followingcircumstance to be a Force Majeure that would suspend the performance orexcuse the non-performance of their obligations under this Agreement:
i. Unreasonable delay in performance or any damages attributed to theManagement and Operations Staff, agents , Affiliates or Bidders;
ii. Non-performance by the Party or its Management and Operations Staff,agents Affiliations or Bidders that is caused by or connected with its/their(i) negligent or intentional acts, efforts, omissions or Fraud; (ii) failure tocomply with the Law or conditions of clearances; or (iii) Breach underthis Agreement.
iii. Any event which a diligent Party could reasonably have been expected totake into account at the time of the execution of this Agreement oravoided or overcome in the carrying out of its obligations hereunder.
iv. An insufficiency of funds or failure to make any payment requiredhereunder.
v. Sabotages, closure/disruption of operations due to industrial unrestwithin the seller organization, closure/disruption of the operations directlyinitiated by the party.
vi Changes in any of the tax or Duty structure and any variations inexchange rate.
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35. INDEMNITY:
The selected bidder shall indemnify the FCI against, prosecutions, claimsfor damages, all third party claims of infringement of patent,trademark/copyright rights arising from the use of the suppliedinformation/reports etc. and related services or any part thereof or anyviolation/ non observance of applicable Laws/ Rules & Regulation by thebidder or his personnel. FCI stand indemnified from any claims that thehired manpower may opt to have by virtue of working on the project forwhatever period. FCI also stand indemnified from any compensationarising out of accidental loss of life or injury sustained by the personnelwhile working on the project.
36. DISCLAIMER
The Corporation is under no obligation to enter into any contract withanyone by issuing the Tender. The Corporation reserves the right to acceptor reject any or all response, to request clarifications from one or morebidder in writing or to cancel the process entirely without assigning anyreason. The Corporation makes no representation or warranty, express orimplied, as to the accuracy, correctness and completeness of theinformation contained in the biding documents.
37. NO WAIVER OF RIGHTS
Neither the inspection by FCI or any of their agents, nor any order by FCIfor payment of money of any payment for or acceptance of, the whole orany part of the Works by FCI, nor any possession taken by FCI shalloperate as a waiver of any provision of the Contract, or of any powerreserved to FCI, or any right to damages here in provided, nor shall anywaiver of any breach in the Contract be held to be a waiver of any otheror subsequent breach.
38. SUBMISSION OF REPORT
The Reports, all the data collected by the Advisors for the purpose of theassignment shall be the sole and exclusive property of FCI and FCI shallhave the intellectual property rights over them and data should be strictlyconfidential. The Advisor shall submit all supporting data alongwith theReport to the Corporation. Information and data retained by the Advisorshould be kept strictly confidential, subject to applicable laws.
39. LAWS GOVERNING THE CONTRACT AND DISPUTE RESOLUTION
39.1 The Contract will be governed by the Laws of India for the time being inforce. Any dispute arising out of this Contract will be settled in the Court oflaw of competent jurisdiction. The Courts in Delhi shall have exclusivejurisdiction to adjudicate the disputes arising under the Contract.
39.2 The commercial disputes between PSE inter se and PSE in Govt. Departmentshall be settled through instructions issued by GOI on Permanent Machinery
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of Arbitration vide OM No. 7(3)2014-DPE(PMA) dated 14th July, 2014 and asamended from time to time.
40. PROHIBITION OF CONFLICTING ACTIVITIES
Neither the Bidder nor their Personnel shall engage, either directly orindirectly, in any such activities which conflicts with their role under theassignment. The FCI requires that the Bidder provides at all times hold theFCI’s interests paramount, avoid conflicts with other assignments or its owninterests, and act without any consideration for future work
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APPENDIX - IPROCEDURE FOR ONLINE TENDER:
i) The offer should be submitted under two Bid System(I) A - Technical Bid (II) B - Price Bid
ii) FCI is using services of Central Public Procurement Portal for e-Procurement at https://eprocure.gov.in/eprocure/app, for appointment ofAdvisor.
iii) The detailed Tender document along with Instructions to theAdvisors/Bidders for the e-submission of the bids can be viewed anddownloaded from e-Procurement websitehttps://eprocure.gov.in/eprocure/app or FCI website: www.fciweb.nic.in.
iv) Tender must be electronically submitted (on-line athttps://eprocure.gov.in/eprocure/app) within the prescribed date and time asmentioned in the e-Procurement portal/ as mentioned in the Critical dateSheet. Hard copy of the Tender documents will not be accepted at thisstage.
v) Possession of valid Digital Signature Certificate (DSC) and registrationof the Advisors/Bidders on the e-procurement/e-tender portal is aprerequisite for e-tendering. The details are available athttps://eprocure.gov.in/eprocure/app
vi) Bidder should do the registration in the e-Procurement site using the“Click here to Enroll” option available on the home page. Portal enrollment isgenerally free of charge. During enrollment/registration, the Bidders shouldprovide the correct/true information including valid email-id. All thecorrespondence shall be made directly with the Advisors/Bidders throughemail-id provided.
vii) Bidder need to login to the site through their user ID/ passwordchosen during registration.
viii) Then the Digital Signature Certificate (Class II or Class IIICertificates with signing key usage) issued by SIFY/TCS/nCode/eMudra orany Certifying Authority recognized by CCA India on eToken/Smart Card,should be registered.
ix) The DSC that is registered only should be used by the Bidder andshould ensure safety of the same.
x) Bidder may go through the tenders published on the site anddownload the required tender documents/schedules for the tenders he/she isinterested.
xi) After downloading / getting the tender document/schedules, theBidder should go through it carefully and then submit the documents asstipulated, otherwise bid will be rejected.
xii) If there are any clarifications, this may be obtained online throughthe tender site, or through the contact details. Bidder should take intoaccount the corrigendum published before submitting the bids online.
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xiii) Bidder then logs in to the site through the secured login by giving theuser id/ password chosen during registration and then by giving thepassword of the eToken/Smart Card to access DSC.
xiv) Bidder selects the tender which he/she is interested in by using thesearch option & then moves it to the ‘my tenders’ folder.
xv) From my tender folder, he selects the tender to view all the detailsindicated.
xvi) It is construed that the Bidder has read, understood and accepted allthe terms and conditions before submitting their offer. Bidder should gothrough the tender schedules carefully and upload the documents as asked;otherwise, the bid will be rejected.
xvii) Bidder, in advance, should get ready the bid documents to besubmitted as indicated in the tender document/schedule and generally, theycan be in PDF/xls/rar/jpg/dwf formats. If there is more than one document,they can be clubbed together and can be provided in the requested format.Each document to be uploaded through online for the tenders should be lessthan 2 MB. If any document is more than 2MB, it can be reduced throughzip/rar and the same can be uploaded, if permitted. Bidders Bid documentsmay be scanned with minimum 100 dpi with black and white option.However if the file size is less than 1 MB the transaction uploading time willbe very fast.
xviii) If there are any clarifications, this may be obtained through the siteor during the pre-bid meeting, if any up to four days before the date ofopening of the bid. Bidder should take into account anycorrigendum/addendum published from time to time and such modificationswill be binding on the bidder notwithstanding whether the Bidder hasuploaded his bid document or not.
xix) The Bidders can upload well in advance, the documents such ascertificates; experience certificate etc., under My Space/Other ImportantDocuments option and these can be selected as per tender requirements andthen send along with bid documents during bid submission. This will facilitatethe bid submission process faster by reducing upload time of bids.
xx) Bidder should submit the Tender Fee/ EMD as specified in the tenderin the form of RTGS/NEFT/Fund Transfer in FCI Account No. 10220632672,IFSC Code: SBIN 0005943 Bank Name & Branch. Scanned copy of the proofof payment i.e. UTR number/Fund transfer challan should be uploaded aspart of the Proof of Payment along with the Technical Bid. While submittingthe bids online, the Bidder should read the terms & conditions and acceptsthe same to proceed further to submit the bid packets.
xxi) The Bidder has to digitally sign and upload the required biddocuments one by one as indicated. Bidders to note that the very act ofusing DSC for downloading the bids and uploading their offers shall bedeemed to be a confirmation that they have read and accepted all sectionsand pages of the bid document including General conditions of contractwithout any exception and have understood the entire document and areclear about the requirements as specified in the tender document.
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xxii) The Bidder has to upload the stipulated documents as indicated in theMTF, failing which the bid will be summarily rejected.
xxiii) The price bid format is provided in a spread sheet file like Bill ofQuantity (BOQ.xls), the rates offered should be entered in the allotted spaceonly and uploaded after filling the relevant columns. The Price Bid/BOQtemplate shall not be modified/ replaced by the Bidder; else the bidsubmitted is liable to be rejected for this tender.
xxiv) The Bidders are requested to submit the bids through online e-tendering system to the Tender Inviting Authority (TIA) well before the bidsubmission end date & time (as per Server System Clock). The TIA will notbe held responsible for any sort of delay or the difficulties faced during thesubmission of bids online by the Bidders at the eleventh hour.
xxv) After the bid submission (i.e. after Clicking “Freeze Bid Submission” inthe portal), the acknowledgement number, given by the system should beprinted by the Bidder and kept as a record of evidence for online submissionof bid for the particular tender and will also act as an entry pass toparticipate in the bid opening date.
xxvi) The time settings fixed in the server & displayed at the top of thetender site, will be valid for all actions of requesting, bid submission, bidopening etc., in the e-tender system. The Bidders should follow this timeduring bid submission.
xxvii) All the data being entered by the Bidders would be encrypted usingPKI encryption techniques to ensure the secrecy of the data. The dataentered will not viewable by unauthorized persons during bid submission ¬ be viewable by any one until the time of bid opening.
xxviii) Any bid document that is uploaded to the server is subjected tosymmetric encryption using a system generated symmetric key. Further thiskey is subjected to asymmetric encryption using buyers/bid opener’s publickeys. Overall, the uploaded tender documents become readable only afterthe tender opening by the authorized bid openers.
xxix) The confidentiality of the bids is maintained since the secured SocketLayer 128 bit encryption technology is used. Data storage encryption ofsensitive fields is done.
xxx) The Bidder should logout of the tendering system using the normallogout option available at the top right hand corner and not by selecting the(X) exit option in the browser.
xxxi) For any queries regarding e-tendering process, the Bidders arerequested to communicate before opening of the Tender using the contactdetails as provided in the tender document. Simultaneously, for any furtherqueries related to technical issues, the Bidders are asked to contact overphone: 1800-3070-2232 or send a mail over to – [email protected]. Nonreceipt of response/clarification shall not be a ground for extension of time ofbid submission or cancelling the bid process.
xxxii) The TECHNICAL BIDS will be opened at prescribed time and date asmentioned in the critical date sheet.
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xxxiii) FCI may at any time prior to the opening of the Tender and for anyreason, whether at its own initiative or in response to any on-line querysought by a Bidder modify the Tender document by way of anaddendum/corrigendum to the original Tender and such modification will bebinding on all Bidders.
xxxiv) The addendum/corrigendum would be uploaded onhttps://eprocure.gov.in/eprocure/app and www.fciweb.nic.in. In order toafford the prospective Bidder to take into account the modification or for anyother reasons, FCI may, at its discretion extend the due date for submittingthe Tender.
Page 32 of 42
APPENDIX - II
List of Documents to be uploaded in Technical bid folder/cover:
i. Scanned copy of the prescribed Bid document comprising of Part- A completein all respect along with all Attachments including Appendices, Annexures,and Supporting Documents etc. duly filled and signed.
ii. The scanned copy of RTGS / NEFT/ ELECTRONIC MODE acknowledgment ofsuch deposit (in pdf format) of proof of payment of Tender fee.
iii. The scanned copy of RTGS / NEFT/ ELECTRONIC MODE acknowledgment ofsuch deposit (in pdf format) of proof of payment of EMD.
iv. Scanned copy (in PDF format) of ‘Tender Application’ in the prescribedformat Annexure-I of the MTF, duly signed.
v. Scanned copy of “Particulars of Bidder” as prescribed in Annexure- II.vi. Scanned copy of Bio data of Investment expert as prescribed in Annexure –
III & IVvii. Self- attested Scanned copy (in PDF format) of Registered Deed of
partnership of the firm, Registered Partnership Agreement of LLP along withCertificate of Incorporation, Memorandum & Articles of Association andcertificate of incorporation of company etc. as applicable.
viii. Self- attested scanned copy (in PDF format) of Power of Attorney in respectof Authorized signatory for signing the bids.
ix. Self -attested Scanned self-attested copy( in PDF Format) of the Resolutionpassed by the Company/ LLP authorizing the person signing the Bid to do soon behalf of the company/ LLP
x. Scanned copy (in PDF format) of PAN card of the firm.xi. Scanned copy (in PDF format) of Service Tax registration number of the firm.xii. Self- attested Scanned copy of documents in support of the Minimum
eligibility & other criteria stipulated in the Bid Document (in PDF format).xiii. Self- attested Scanned copy (in PDF format) of duly audited P&L account and
Balance sheet of last 3 Financial Years.
List of document(s) to be uploaded in Financial bid folder/cover:
i. Bid document PART – B, Forwarding letter of Price Bid.
ii. BOQ.xls as per MTF
Note: All documents as required to be submitted needs to be digitally signed/self-attested by authorized signatory. The above list of documents are onlyindicative, the bidders are advised to refer to the respective Bid documentclause in respect of various documents to be submitted.
Page 33 of 42
PART – A
TECHNICAL BID
Page 34 of 42
ANNEXURE - ITENDER APPLICATION
From (Full name & address of the bidder)__________________________________________________________________
To,
The General Manager (CPF)/Secretary, FCI CPF Trust,Food Corporation of India16-20, Barakhamba Lane,New Delhi – 110001Tel. No. 011-4352 7548 FAX No.011 – 2341 4163E-mail: [email protected]
Dear Sir,
With reference to your e-Tender Enquiry No ……………………….……….. I submit the e-Tender under two bid system for appointment of Advisor for Investment in MUTUALFUND as per the Investment Pattern notified by Ministry of Labour and Employment,Government of India.
2. I have thoroughly examined and understood all the terms & conditions ascontained in the Tender document, invitation to tender, General Information toBidder and its annexure & appendices and agree to abide by them.
3. I agree to keep the offer open for acceptance upto and inclusive of 90 daysfrom the date of opening of Technical Bid and to the extension of the said date by30 days in case it is so decided by FCI.
4. I/We shall be bound by communication of acceptance of the offer dispatchedwithin the time.
5. I/we also agree that if the date upto which the offer would remain open isdeclared a holiday for the Corporation the offer will remain open for acceptance tillthe next working day.
6. I do hereby declare that the entries made in the tender andAppendices/Annexures attached therein are true and also that I/We shall be boundby the act of my/our duly constituted Attorney.
7. I/We hereby enclose Electronic Clearing System/RTGS/NEFT RefNo_____________ dated ______________for Rs……………………..…/-(Rupees………………………………………………………………..…………………..…. only) towardsEarnest Money and Tender processing Fee. In the event of my/our tender beingaccepted I/We agree to furnish Security Deposit as stipulated in the tender and putin place the necessary services within fifteen working days of acceptance of theTender.
8. I/We do hereby declare that the entries made in the Tender are true andalso that I/We shall be bound by the acts of my/our duly constituted Attorney.
Page 35 of 42
I/We hereby declare that my/our firm has not been blacklisted or otherwisedebarred during the last five years by the Food Corporation of India, or any otherPublic Sector Undertaking or any Government, or any other client.(*)
OR
I/We hereby declare that my/our Firm was blacklisted/debarredby______________(here give the name of the client) for a period of _________,which period has expired on _________. (Full details of the reasons forblacklisting/debarring, and the communication in this regard, should be given)(*)
(*) (strike out whatever is not applicable)
9. I/We hereby declare that no contract entered into by me/ my Firm with theFood Corporation of India, or any other Public Sector Undertaking or anygovernment, or any other client, has been terminated before the expiry of thecontract period at any point of time during the last five years for breach of anyterms and conditions.
10. I/ we hereby declare that the Earnest Money Deposit and/or Security Deposithas not been forfeited or adjusted against any compensation payable, in the case ofany Contract entered into by me/us with the Food Corporation of India, or any otherPublic Sector Undertaking, or any government during the last five years for breachof any terms and conditions.
11. I/We hereby declare that the Bidder Firm, its proprietor / any of the partners/ any of the Directors have not been, at any time, convicted by any court for anyoffence involving moral turpitude or sentenced to imprisonment for a period of threeyears or more.
12 I/We certify that all information furnished by me/us is correct and true and inthe event that the information is found to be incorrect/untrue, the Food Corporationof India shall have the right to disqualify me/us without giving any notice or reasontherefor or summarily terminate the contract, without prejudice to any other rightsthat the Corporation may have under the Contract and Law.
13 I/We shall not share the data/information and analysis relating to FCI,obtained during course of their audit and physical verification with any other personand entity.
14. I/We undertake that any information pertaining to the Central and StateGovernment or any other agencies involved in business with FCI which comes to theknowledge of the firm/organisation in connection with this assignment will bedeemed to be confidential and held in trust, as also for all consequences of itsconcerned personnel failing to do so. I also agree that I shall ensure due secrecy ofinformation and data as same is not intended for public distribution.
Signature of authorized person
Full Name : _____________________Seal :
Date: ________________Place: ________________
Page 36 of 42
ANNEXURE - II
Particulars of Bidder: (For Prequalification criteria evaluation)
1. Name of the Bidder
2. a) Office Address (NCR address)b) Telephone Numberc) Fax No.d) Mobile Numbere) Email Id
3. Nature of the Firm i.e., whether Registered PartnershipFirm/ LLP, or a Private Limited Company, or a Public LimitedCompany incorporated in India.
4. Names of all Partners/Directors of the bidder on the date ofsubmission of Bid.
5. Name of the Contact Persons authorized to sign tenderdocuments with Tel, Mob. Nos. email ids.
6. SEBI registration number of Advisor ( enclose a copy ofregistration certificate)
7. PAN No. of Bidder (enclose a scanned copy of PAN of thefirm)
8. Service Tax Registration No. (enclose a scanned copy ofservice tax registration number of the firm)
9. Details of Bidders Bank Account Account NameBank Name &BranchAccount Number
IFSC10. Gross Annual revenue during the
immediate preceding 3 years.(Enclose scanned copies of profit & Lossaccount & Balance Sheet for precedingThree years.)
2012-132013-142014-15
11.Net worth as on 31.03.2015 ( enclose balance sheet)
12.AUM under management/advisorship as on 31.03.2015(enclose certificate)
13.AMFI Registration Number (Certificate to be enclosed)
(Signature of Authorized Signatory)
Page 37 of 42
NOTE:
1. For detailed Terms & Conditions the respective Bid document clause may bereferred.
2. In support of all the minimum eligibility criteria, Bidders shall furnish &upload along with Technical bid self- attested copies of documentary prooffailing which the Bids are liable to be rejected.In support of the experience criteria, Bidder shall furnish & upload self-attested copies of the Certificates
3. The Bidder shall furnish & upload self-attested copies of the Audited Profit &Loss Accounts and Balance Sheet of the immediate preceding three financialyears (2012-13, 2013-14 & 2014-15) and the documentary proof of the PANand Service Tax registration.
4. In support of Financial Experts, the bidder shall furnish the Bio data of theFinancial Experts.
Page 38 of 42
Annexure - III
TECHNICAL EVALUATION (2ND STAGE)
Sl.No.
Evaluation Criteria /Parameter Scoring criteria
Marksassigned
Details to besubmitted by the
bidder
1
The bidder or its Group Companyshould have minimum 5 years’experience in the field ofInvestment Advisory Services toInstitutions.
(Confirmation letter fromStatutory Auditor confirmingcontinuity as investment advisorfor at-least preceding fiveFinancial Years along with a copyof the valid SEBI registrationCertificate should be uploaded.)
Max Marks : 20
Atleast 5 years’experience and lessthan 10 years ofexperience
10
10 Years’ or morethan 10 Years’experience
20
2
The bidder or its Group Companyshould have experience inhandling clients with mutual fundinvestments of more than Rs 100crores in each of the last fivefinancial years.Note: The Investments made bythe Group/ Associate Company orany sister concern will not beconsidered for evaluation.
(A certificate from each clientindicating the amount ofinvestments made in mutual fundthrough/ on advise of the biddershould be uploaded.)
Max Marks : 15
One or Two clientswhose corpus ismore than Rs.100crores
5
Above two and upto5 clients whosecorpus is more thanRs. 100 Crores
10
More than 5 clientswhose corpus ismore than Rs. 100Crores.
15
3
The bidder or its Group Companyshould have minimum AssetUnder Management includingadvisory of Rs 500 crores as on31st March' 2015, duly certifiedby the Statutory Auditors.
Note: The AUM or Investmentsmade by the bidder or its Group/Associate Company or any sisterconcern will not be considered forevaluation.
AUM of atleast Rs.500 crores but lessthan Rs. 2000Crores.
5
AUM of Rs. 2000crores but less thanRs. 3000 Crores
10
AUM of Rs. 3000crores but less thanRs. 4000 Crores
15
Page 39 of 42
(A certificate from the statutoryauditor indicating total assetsunder management includingthrough advisory services as on31.03.2015 should be uploaded.)Max Marks : 25
AUM of Rs. 4000crores but less thanRs. 5000 Crores
AUM of Rs. 5000Crores plus
20
25
4
The bidder or its Group Companyshould have diversified AUMincluding advisory across variousAMCs and should be havingminimum of Rs 100 Crore AUMeach in top 5 AMCs (top 5 byAUM size as on 31st March’ 2015)each.(Certificate from statutory auditorindicating the amount invested ineach AMC, name and PANnumber of the client.)
Max Marks : 15
Between 5 -7 AMC’s
Between 8 - 10AMC’s
More than 10 AMC’s
5
10
15
5
The bidder or its Group Companyshould have in house researchteam for analyzing the equity andDebt market.
(A copy of the monthly magazine/ research papers/ handoutsshould be uploaded)
Max Marks : 10
Yes/No 10
6
The bidder or its Group Companyshould have Mutual FundInvestment/advisory from atleastone PSU Employee Benefit andRetirement Fund Trust (PSUClientele) as on 31st March' 2015
Please note that each trust shallbe considered as a separateentity for instance EPF trust,Gratuity Trust, SuperannuationTrust of same principal shall beconsidered as separate trust forevaluation purposes.
(A certificate from each clientindicating the amount ofinvestments made in mutual fundthrough/ on advise of the biddershould be uploaded.)
Max Marks : 15
Upto five PSUclientele.
More than five PSUClientele howeverupto ten PSUClientele.
More than 10 PSUClientele
5
10
15
Page 40 of 42
PART – B
PRICE BID
Page 41 of 42
Forwarding Letter
To
The General Manager (CPF)Food Corporation of India,Headquarters,New Delhi - 110001
Ref. Tender No. CPF.IV/Investment/Portfolio/2014-15
Dear Sir,
I/We, submit the online price bid for engagement of Advisor for Investmentin Mutual fund as per the Investment Pattern notified by Ministry of Labour andEmployment, Government of India.
2. I/We have thoroughly examined and understood all the terms & conditionsas contained in the Bid document and agree to abide by them.
3. I/We hereby offer to provide consultancy services to FCI as per the rates ofFee as indicated in the schedule of price Bid.
4. I/We undertake that I/We are not entitled to claim any enhancement of Feeon any account during the tenure of the contract.
5. I/We undertake that the rate quoted in the Price Bid is inclusive of allapplicable taxes except Service Tax.
Yours faithfully,
(____________________)Signature of Bidder
(Capacity in which signing)Stamp of Firm
Page 42 of 42
Schedule - I
SCHEDULE OF PRICE BID
The below mentioned Price bid format is provided as BoQ_____.xls alongwith this Bid document at https://eprocure.gov.in/eprocure/app. Bidders are advisedto download this BoQ_______.xls as it is and quote their offer/rates in the permittedcolumn and upload the same in the Price bid.
Sl.No. Description of work Monthly Consolidated Fee (inclusive of
all taxes, except service tax)
Amount inFigures
Amount in words
1 ENGAGEMENT OF ADVISORFOR INVESTMENT IN MUTUALFUNDS AS PER THEINVESTMENT PATTERNNOTIFIED BY MINISTRY OFLABOUR AND EMPLOYMENT,GOVERNMENT OF INDIA
1. The Bidder shall quote Monthly Consolidated Fee (inclusive of all taxes,except service tax).
2. Rates quoted in any other manner than the above will be summarily rejected.The quoted rates shall remain firm throughout the tenure of the contract andno revision is permissible for any reason.
3. In case of any discrepancy/difference in the amounts indicated in figures andwords the amount in words will prevail and will be considered.
4. The Fee shall be quoted in Indian Rupee only.5. The applicable Service Tax will be paid in addition to fees quoted above.
Yours faithfully,
(___________________)Signature of Bidder
(Capacity in which signing)Stamp of Firm
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