CPU – BELAPUR, NAVI MUMBAI
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REQUEST FOR QUOTATION
FROM
BIDDERS FOR PROVIDING FACILITY MANAGEMENT
SERVICES AT
IDBI BANK’S OFFICE BUILDING AT
CBD BELAPUR, NAVI MUMBAI
Last Date of Submission: 21.06.2018
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IDBI BANK LIMITED Regd .Office : IDBI Tower, WTC Complex, Cuffe Parade,Mumbai-400 005
CIN No: L65190MH2004GOI148838
Request For Quotation /Tender
For providing Facility Management Services
IDBI Bank Ltd. invites sealed quotations from well-established and reputed contractors for providing Facility Management Services to IDBI Bank Ltd at its officer at CPU, Annex building, Plot No. 39/40/41, Sector 11, CBD Belapur,Navi Mumbai. Last date for submission of Quotation is June 21st, 2018 – up to 15:00 hrs (03:00 p.m.) For details, please visit the Bank’s website www.idbi.com. Note: Any further Addenda / Corrigenda / Extension of dates / Clarifications / Responses to bidders’ queries in respect of the above tender shall only be posted on the website www.idbi.com and no separate notification shall be issued in the press. Bidders are, therefore, requested to regularly visit our website to keep themselves updated in this connection. Date : 31/05/2018 DGM (Admin),CPU
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Table of Contents
Sl. No. Description Page No.
1 Document Control Sheet 4
2 Disclaimer 5
3 Notice of Request For Quotation (Section I) 7
4 Eligibility Criteria for the Bidder (Section II) 9
5 Scope of Work (Section III) 12
6 Instructions to the Bidder (Section IV) 14
7 General Terms & Conditions Technical Bid (Section V) 17
8 Annexure - I Information regarding Organization 35
9 Annexure - II Previous bidder work order details 37
10 Annexure - III Registration records 38
11 Annexure – IV Organizational setup and trained man power 38
12 Annexure – V Details of Litigations 38
13 Annexure – VI Contact details of bidder’s previous organizations 39
14 Annexure – VII Pre Contract Integrity Pact 39
15 Annexure – VIII Agreement 49
16 Annexure – IX Indemnity 60
17 Annexure – X Financial Bid Format 64
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Document Control Sheet
Name of the Company IDBI Bank Ltd.
Bid Ref No IDBI/TN/CPU/FMS 32-2018
Date of commencement of issue of Quotation 31/05/2018
Last Date and Time for receipt of Bids 21/06/2018
Date and Time of opening of Technical Bids 21/06/2018
Date and Time of opening of Financial Bids 28/06/2018
Address for Communication
Dy, General Manager IDBI Bank Ltd, Annex Building, 3rd floor, Plot No. 39/40/41, Sector 11, CBD Belapur, Navi Mumbai- 400614 Email: [email protected], [email protected] [email protected]
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DISCLAIMER
The information contained in this Request For Quotation (“RFQ” / “Bid Document”) or
information provided subsequently to bidder(s) or applicants whether verbally or in documentary
form by or on behalf of IDBI Bank Limited (“IDBI Bank” / “Bank”), is provided to the bidder(s)
on the terms and conditions set out in this RFQ document and all other terms and conditions
subject to which such information is provided.
This RFQ document is not an agreement and is neither an offer nor an invitation to offer by IDBI
Bank. The purpose of this RFQ is to provide applicants who are qualified to submit the bids
(“Bidders / Bidder ”) with information to assist them in formulation of their proposals (“Bids”).
This RFQ does not claim to contain all the information each Bidder may require. Each Bidder
may conduct its own independent investigations and analysis and is free to check the accuracy,
reliability and completeness of the information in this RFQ. Bank makes no representation or
warranty, express or implied, and shall incur no liability whatsoever under any law, statute, rules
or regulations as to the accuracy, reliability or completeness of this RFQ. The Bank may in its
absolute discretion, but without being under any obligation to do so, update, amend or supplement
the information in this RFQ.
IDBI Bank reserves the sole right to amend / modify the RFQ document and/or to include any
addendum/corrigendum to this RFQ. The Bidders shall not claim as a right for requiring IDBI
Bank to do the aforesaid. The amendments/addendum/corrigendum made to this RFQ and process
shall be hosted on the Bank’s website only and all such amendments shall be binding on all
prospective Bidders.
The information contained in the RFQ document is selective and is subject to update, expansion,
revision and amendment. IDBI Bank does not undertake to provide any Bidder with access to any
additional information or to update the information in this RFQ or to correct any inaccuracies
therein, which may become apparent. IDBI Bank reserves the right of discretion to change,
modify, add to or alters any or all of the provisions of this RFQ and/or the bidding process,
without assigning any reasons whatsoever. Any information contained in this document will be
superseded by any later written information on the same subject made available/accessible to all
recipients by IDBI Bank.
Information provided in this RFQ is on a wide range of matters, some of which may depend upon
interpretation of law. The information given is not intended to be an exhaustive account of
statutory requirements and should not be regarded as a complete or authoritative statement of law.
IDBI Bank does not own any responsibility for the accuracy or otherwise for any interpretation or
opinion on law expressed herein. Further, IDBI Bank also does not accept liability of any nature
whether resulting from negligence or otherwise howsoever caused arising from reliance of any
Bidder upon the statements contained in this RFQ.
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IDBI Bank reserves the right to reject any or all the responses to RFQs / Bids received in
response to this RFQ at any stage without assigning any reason whatsoever and without being
liable for any loss/injury that Bidder might suffer due to such reason. The decision of IDBI Bank
shall be final, conclusive and binding an all the parties directly or indirectly connected with the
bidding process.
Bids not satisfying the procedure prescribed in the tender document will be treated as invalid and
rejected summarily.
It may be noted that notice regarding corrigenda, addendums, amendments, time-
extensions, clarifications, response to bidders’ queries etc., if any to RFQ, will not be
published through any advertisement in newspapers or any other media. Prospective
bidders shall regularly visit Bank’s website, www.idbi.com for any changes / development in
relation to this RFQ.
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Section –I
NOTICE FOR INVITING BIDS FOR PROVIDING FACILITY MANAGEMENT SERVICES AT
IDBI BUILDING, CBD BELAPUR, NAVI MUMBAI – 400614
IDBI Bank Ltd., is a company incorporated and registered under Companies Act,
1956 (1 of 1956) and within the meaning of Section 2(20) of the Companies Act, 2013
and a Banking company under section 5 (c) of the Banking Regulation Act, 1949 (10 of
1949). Bank is also a Scheduled Bank as notified by the Reserve Bank of India under the
Reserve Bank of India Act, 1934. RBI has categorized Bank under a new sub group “other
public sector Bank”. IDBI Bank is engaged in banking business and having its Registered
Office at IDBI Tower, Cuffe Parade, Mumbai-400 005
2. IDBI Bank proposes to invite quotations / bids from professional agencies, which
are providing facility management services to Commercial Banks, Government /Public
Sector/ Private organizations of repute, large hotels, Commercial Complexes etc., for
providing such facility management services to IDBI Bank as per the scope of work
mentioned / defined herein (Facility Management Services) at the office premises of the
Bank situate at three floors (viz.3rd, 4th and 5th) of its office building at CBD Belapur,
Navi Mumbai admeasuring total area of 34100 sq. ft.(approx) .
3. The Facility Management Services also includes engaging the services of
personnel for miscellaneous office works/storage facility (i.e. like shifting of files,
furniture) or any other service assigned to them from time to time by the Bank.
4. Bidders shall furnish details regarding their Company/Firm, Organization Chart,
Date of Incorporation, Experience etc., as indicated in the RFQ . The RFQ forms can be
downloaded from the Bank's Website.
5. The Technical bids duly completed in all respects giving the aforesaid information should be submitted in a sealed cover super scribing in the top left hand corner of the cover as "Technical bid for Facility Management Services at IDBI Building, CBD Belapur, Navi Mumbai-400614." addressed to “DGM (CPU) and those sealed covers are to be dropped in the box kept for the purpose 3rd floor, Annex Building, Plot No. 9/40/41,Sector 11, CBD Belapur,Navi Mumbai- 400614 on or before 21.06.2018 by 3.00 pm. Bidders may remain present while opening Technical bids at 3.30 pm on the date of opening technical bids.
6. Notwithstanding the above, IDBI Bank in its sole discretion, may amend /modify
the RFQ after the deadline for submission of Bids and in such an event IDBI Bank shall
extend the deadline so fixed for submission of Bids.
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7. The RFQ document is not recommendation, offer or invitation to enter into a
contract, agreement or any other arrangement, in respect of the services to be
rendered/ Scope of Work to be performed herein. The provision of the services is
subject to observance of selection process and appropriate documentation being agreed
between the Bank and Successful Bidder(s) as identified by the Bank, after completion
of the selection process as detailed in this RFQ.
8. All costs and expenses (whether in terms of time or money) incurred by the
Bidder in any way associated with or incidental to the preparation and submission of
responses/Bids, including but not limited to attendance at meetings, discussions,
demonstrations, etc. and providing any additional information required by Bank, will be
borne entirely and exclusively by the Bidder. IDBI Bank shall in no case be held
responsible or liable for such costs, regardless of the conduct or outcome of the bid
process including but not limited to cancellation/abandonment/annulment of the
bidding process.
9. The Bidder is expected to examine all instructions, forms, terms and specifications
contained in the RFQ. Bid shall be deemed to have been made by the Bidder after
careful study and examination of this RFQ with full understanding of its implications.
Each Bidder should, at its own costs without any right to claim reimbursement, conduct
its own investigations, analysis and should check the accuracy, reliability and
completeness of the information in this RFQ and wherever felt necessary obtain
independent advice. The Bid should be precise, complete and in the prescribed format,
as per the requirement of this RFQ. Failure to furnish all information required by this
RFQ or non-submission of a Bid in accordance with this RFQ in each and every respect
will be at the Bidder’s risk and may result in rejection of the Bid for which IDBI Bank shall
not be held liable or responsible. Any decision taken by IDBI Bank as to completeness of
the Bid or rejection of any/all Bid(s) shall be final, conclusive and binding upon the
Bidder(s) and shall not be question/challenged by the Bidder(s).
10. The RFQ document is intended solely for the information of the party to whom it
is issued. Each recipient of the RFQ (prospective Bidder) may notify the Bank of any
error, fault, omission, or discrepancy found in this RFQ document through email.
11. Any further addenda/corrigenda/extension of dates/ clarifications/responses/ to bidder queries in respect of above shall be posted only in Bank’s website and no separate notification shall be issued in newspapers.
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Section –II
Eligibility Criteria for the Bidder
Pre-qualification criteria are as under:
1. The Bidder should be a registered body for providing Facility Management
Services with skilled, unskilled labourers having requisite license.
2. The Bidder should have experience in providing Facility Management Services
and should have been in existence for the last 7 years.
3. The average Annual Turnover of Bidder during last 3 years ending on 31st March,
2018 should be at least Rs. 100 Lakhs per annum.
4. The Bidder should be in profits for last 3 years.
5. The Bidder should submit satisfactory service certificates from their major
clients.
6. The other criteria / details on Facility Management Services, in terms of value of
services provided, extent of services, the details of premises where service contracts
have been executed by the Bidder etc. have to be submitted in the format given
hereunder:
S. No. Description For Pre-qualification
a)
Experience: aving carried out Facility Management Services in banks corporate offices, Govt./Public Sector Undertakings, Big Malls, Hotels, commercial complexes etc
The minimum carpet area where Facility Management Services carried out needs to be 34,100 sqft (approx) and i) One single work order with value of work done per annum not less than Rs. 58.00 lakhs for last 3 years (OR) ii) Two separate work orders with value of work done per annum not less than Rs. 36.00 lakhs each for last 3 years (OR) iii)Three separate work orders with value of work done per annum not less than Rs. 29.00 lakhs for last 3 years
7. The Bidder should be professionally managed and the organizational structure should
have a centralized help desk. The Bidder shall also availing services of taxation
consultants, account managers, recruiters etc. to execute and perform Facility
Management Services of such nature and magnitude. The Bidder should ensure and
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confirm that they have the entire mandatory compliance certificates/ registrations/
license under various applicable laws, including labour laws, as applicable in the State of
Maharashtra.
8. Minimum wages payable to the personnel to be engaged by the Bidder shall be
strictly as per Central Labour Laws Only. The Bidder should comply with various
provisions of Contract Labour (R & A) Act 1970 and Central Rules 1971 and should
enclose the copies of the following.
i. License from Labour Commissioner to employ contract labour under the
Contract Labour Act.
ii. Registration certificate under Employees Provident Act, with latest proof
(challans to be attached)
iii. Registration under Employees State Insurance Act, with latest proof (Challans to
be attached)
iv. Latest Income tax clearance certificate and PAN Card of the Bidder to be
enclosed
v. GST registration with latest proof (challan to be attached)
vi. Copies of Audited Balance Sheets for the past 3 years.
9. The Bidder shall have good name, standing and professional reputation for
performing similar job/ assignment. In addition, they should not have defaulted in
providing similar services with IDBI Bank or any other establishments.
11. The Bidder should have business continuity plan in place.
12. The Bidder should not have been blacklisted by any Govt. /Govt. Agency
/Bank(s)/Financial Institutions in India or overseas in past. The Bidder has to submit self-
certification on its letterhead to this effect.
13. The Bidder should not be related or owned controlled by any director or
employee of IDBI Bank or their relatives having the same meaning as assigned under
the provisions of the Companies Act 2013.
14. The Bidder must comply with all above-mentioned criteria. Non-compliance of
any of the criteria or the information provided by the bidder is found and / or proved to
be incorrect or misleading, such bid shall be rejected / disqualified.
15. Photocopies of relevant documents/certificates should be submitted as proof in
support of the claims made. IDBI Bank reserves the right to verify/evaluate the claims
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made by the Bidder independently. Any decision of IDBI Bank in this regard shall be
final, conclusive and binding upon the Bidder.
16. Bidders who are fulfilling the pre-qualification norms and desirous to bid may send
their technical bid giving details in the format given at Annexure I to VI along with
Earnest Money Deposit (EMD) in the form of Demand Draft.
17. Demand Draft of Rs.5,00,000/-(Rupees Five lakh only) drawn in favour of IDBI
Bank Ltd, payable in Mumbai, towards Earnest Money Deposit (EMD). It may be
noted that the EMD shall not carry any interest and that EMDs of the unsuccessful
bidders would be refunded only after finalization of the RFQ / selection of success
full bidder or within 90 days from the date of opening of Part-I of the bid
(Technical Bid) i.e 21/06/2018 , whichever is earlier. Part-II of the bid viz. Financial
Bid, would be 28/06/2018 (Successful bidders may remain present while opening
Financial bids). The EMD of the successful bidder would be converted into Security
Deposit and shall not carry any interest and would be refunded at the time of
completion / termination of the contract period, as per the terms of RFQ. Bids
without EMD would not be considered.
18. Copy of authorization for signing bid and related documents must be submitted.
The Bidder must have their Registered Office/ Branch office either at Mumbai/Navi
Mumbai.
19. The Bank reserves the right to reject any or all the bids without assigning any
reasons at any stage of RFQ / on selection of success full bidder, till the agreements are
entered into and to restrict the list to any number deemed suitable by it if too many
applications are received satisfying the basic pre-qualification criteria.
For further details/clarifications please contact: Smt Shraddha Masurekar, Ph: 022-66700594 - [email protected] Shri Nimesh T mayekar, Ph: 022-66700559 - [email protected] Shri Mrityonjoy Mandal, Ph: 022-66700717 - [email protected] IDBI Bank Ltd.CPU,Annex building, Plot No. 39/40/41, Sector 11, CBD Belapur, Navi Mumbai-400614 Place: Mumbai
Date: 31/05/2018
Deputy General Manager (CPU)
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Section –III
SCOPE OF WORK FOR FACILITY MANAGEMENT SERVICES
1. Sorting, unpacking and packing items of preprinted stationery being received from
vendors.
2. Packing and dispatching of pre-stationery items on daily basis which are supplied to
PAN India Branches.
3. Assisting in stuffing of stationery in preparation of Welcome Kit on daily basis.
4. Shifting security stationery items from stationery team to dispatch team on daily
basis.
5. Sorting-storing of various documents in boxes in RPU, I-net ops, Retail Asset
Operations where processing happens in bulk quantity.
6. Shifting of courier packets from various departments to central dispatch team.
7. Helping Dispatch team for sorting of envelopes, etc.
8. Helping in shredding of materials, sorting-storing of various documents for Card
Operation team, stuffing of envelopes with cards and other inserts.
9. Sorting, numbering boxes for daily dispatch to warehouses in Mahape and Bhiwandi.
10. Shifting of stationery items of various departments to central storage space and vice
versa.
11. Assist retail asset operations team in preparation of dispatch envelopes (stuffing,
pasting, making entry of envelopes prepared)
12. Messenger services at HO, vendors or regulatory organizations, storage warehouses,
etc.
13. Serving tea and water to all the officers two times per day to nearly 600 persons.
14. Helping in setting up of lunch and serving when caterer delivers lunch to premises.
15. Critical stationery items like account opening forms, Passbooks , Deposit slips, FD
receipts, etc. Nearly more than 100 varieties of stationery items are stored in the
basement area. On daily basis, when branches place their indent for supply of
stationery, the items are packed, weighed and dispatched from CPU basement through
various couriers to branches PAN India. The daily activity performed in the basement
are stacking of stationery items received in bulk quantity , segregating stationery as per
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branch requirement, packing, weighing and labeling courier-wise. On an average daily
200 packets of 10-15 kgs are being prepared. The storage will be in the basement of
Belapur premises requiring movement of big / heavy parcels on a daily basis through
stairways to dispatch section of the neighboring Annex Building requiring support
services.
16. The dispatch section handles inward / outward mail of CPU, RPU, RAO. On a daily
basis nearly 5000 packets are processed for all departments in CPU. Services from the
vendor are required in two shifts for sorting of inward / outward in bulk quantity with
the same day TAT.
17. On a daily basis there are average 1000 welcome kits prepared and sent to various
branches PAN India. Assistance is required for stuffing of collaterals, inserts, labelling
and sealing of envelopes.
18. In Capital Market Operations, assistance is required for retrieval of files from
storage space, messenger services for sending letters to NSDL / CDSL / SEBI / Corporate
Office, etc.
19. The site of work/ the area of service to be provided (external and internal) is in
the premises of IDBI Bank at CBD Belapur, Navi Mumbai which consists of the Annex
Building (Carpet Area = 34100 sq.ft)– 3rd ,4th & 5th floor . However, bidder to keep
minimum staff on Sundays and Bank Holidays to carryout Facility Management services
at any of the said floors as per requirement, which are as part of daily routine services.
In case of exigencies or statutory requirement for keeping the Bank open on holidays
and extra hours working during normal days, additional manpower has to be provided at
no extra cost.
20. The Bidder shall ensure quality work in planned and time bound manner. The
machinery/equipment and deployment of manpower for carrying out Facility
Management services shall be to the satisfaction of Bank supervising the services.
Whenever the quality of the Facility Management Services /maintenance rendered are
below standard, the Bank at its own discretion will impose penalties as mentioned in
this RFQ documents and recover/adjust the amount from the monthly bill/Security
Deposit.
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Section –IV
INSTRUCTIONS FOR SUBMISSION OF TECHNICAL BID/PRICE BID
1. The scope of work involves providing Facility Management Services at IDBI
Building, CBD Belapur, Navi Mumbai-400614.
2. The sealed cover should contain the following:
A) Envelope 1 (Technical Bid) – All the documents in support of prequalification criteria
along with Annexure I to VII and EMD.
B) Envelope 2 (Price Bid) - The amount shall be quoted for items separately as per
proforma given in the Price Bid. The proforma should be duly signed & sealed by the
Bidder.
Each Bidder will be issued with one copy Technical and Price Bid, which will
contain General Terms & Conditions, format of agreement, Scope of Work.
3. The sealed cover super scribing Facility Management Services at ‘IDBI Bank Building, CBD Belapur, Navi Mumbai’ addressed to Deputy General Manager (CPU), IDBI Bank Ltd, Annex Building, 3rd floor, Plot No. 39/40/41, Sector 11, CBD Belapur, Navi Mumbai- 400614 The covers shall be dropped in the Tender Box placed on 3rd floor CBD, Belapur, Navi
Mumbai on or before 3.00 pm on 21.06.2018. Bids received after the date & time
specified above will be rejected. The technical bids shall be opened in the presence of
the bidders/representative of bidders who wish to be present on the same day at 3.30
pm in IDBI Bank Limited, IDBI Bank Building, CBD Belapur, Navi Mumbai
4. Bids received without prescribed EMD shall summarily be rejected.
5. EMD of successful bidder whose tender has been accepted by the Bank shall be
adjusted towards Security Deposit. The successful bidder has to deposit balance amount
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of Security deposit worked @ 5% of quoted and accepted value of the contract for the
year after adjusting said EMD. The Security Deposit shall not bear any interest and such
amount shall be forfeited in the event of any invasion, refusal or delay on the part of the
Successful Bidder to sign and execute the agreement for commencement of contract.
However, EMD of unsuccessful bidders shall be returned within 90 days from the date of
opening of Price Bid.
6. The Bidders shall submit their offers strictly in accordance with the terms and
conditions of the Bid document. Any Bidder who stipulates any condition contrary to the
conditions given in the Bid document is liable for rejection.
7. Bid amount is to be written in words as well as in figures in the space provided
and in case of discrepancies between prices written in words and prices written in
figures, the prices written in words shall be considered correct. The correction and or
overwriting, made in the tender documents/price bids if not authenticated, will be liable
for rejection.
8. The rates quoted in the Bid shall be inclusive of all taxes and duties such as GST,
Sales Tax, Surcharge on Sales Tax, Service Tax, Turnover Tax and Work Contract Tax and
also cost of materials and delivery of material at site or any other taxes/cess as
applicable. The rates shall also be inclusive of labour charges, uniform for labour, tools
and materials required for cleaning, transportation, scaffolding, insurance premium
covering any risk to labour etc. In event of Govt of India introducing nay other tax or
State taxes in place of existing tax structure and or extra taxes, no extra amount shall be
payable by the Bank (due to escalation in rates). Bidders are advised to take into
consideration of the same before submitting their bids.
9. The Tender/Price Bids are not transferable.
10. Time is the essence of the contract and the works must be started within 7 days
from the date of issue of work order. The Bank has the right to divide the Facility
Management Services work between 2 bidders.
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11. Access to inspect the site will be given with prior appointment up to one day
prior to the last date of submission of the bid. Photography of any area shall not be
allowed.
12. The Bid shall be signed by a person or person so authorized by the Bidder. In
case, the Bidder is a company, the officer so authorized by the company with its seal
duly affixed shall sign the Bid.
13. The Bid shall contain detailed address, contact no and Email ID for serving
notices required to be served to the Bidder in connection with the Bid.
14. The Bid Form and the documents attached to it shall not be detached and no
alteration or mutilation (other than filling in all the blank spaces) shall be made in any of
the documents attached hereto. Any alterations or changes to the entries in the
attached documents shall be made by a separate covering letter otherwise it shall not
be entertained.
15. Bidders are requested to visit the building and carefully examine the Bid
Documents, condition of contract, specifications, and scope of work, schedules and the
frequency of work before submitting the bids. In case there should be or appear to be
any ambiguity in or discrepancy between any of the document, they should immediately
refer the matter to the Bank for clarification
16. The Bank will not be responsible and will not pay for expenses, which may have
been incurred, or losses to person or property suffered by any Bidder in connection with
visits to inspect the site and in the preparation of Bid for submission.
17. The Bidder (whether he submits the Bid or not) shall treat the details of the
document as secret and confidential and shall not share or part with third party without
prior written consent of the Bank. The Bank reserves the right to adjust arithmetical or
other errors in any Bid in the way that it is considers suitable.
19. The Bank does not bind itself to accept the lowest or any Bid and has the right to
accept or reject any Bid without assigning any reasons. The Bank’s decision in this regard
will be final, conclusive and binding on the Bidders.
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20. No conditions in addition to the conditions stipulated in this RFQ/ bid document
will be acceptable. During the currency of the contract, any statute, rules or Govt
notification if any prohibits employment of contract labour for the services envisaged
under this agreement or otherwise, the contract shall come to an end forthwith and no
compensation whatsoever shall be payable to the successful bidder or his
workmen/employees under any circumstances.
21. IDBI Bank has implemented Integrity Pact (IP) and has appointed Independent
External Monitors (IEMs) for the IP in consultation with Central Vigilance Commission to
avoid all forms of corruption by following a system that is fair, transparent and free from
any influence / prejudice dealings prior to, during and subsequent to the currency of the
Contract to be entered into for the purpose of this RFP. The Bidder is required to submit
duly executed pre-contract Integrity Pact in line with Annexure VII as a pre-requisite
condition while submitting the bid.
Section –V
GENERAL TERMS AND CONDITIONS OF TECHNICAL BID
1. The Successful Bidder shall attend to all emergency calls relating to assigned
works promptly and in time bound manner.
2. The Successful Bidder will have to work in close coordination with the Bank’s
Officials working in various Departments related to Facility Management Services work
and they (Bank’s Official) may modify working schedule/time as per the convenience of
the Bank, if required. No extra claim whatsoever on this account shall be entertained.
3. The date of commencement shall be the date on which work is actually taken up
at site.
4. The area of three floors will be 34100 Square feet of Carpet Area. This will not be
subject to change and shall remain firm for the purpose of billing. Bidder has to visit the
site and assess manpower etc. strictly as per requirement of site irrespective of the area
indicated or any variation thereof. Any dispute in the area/s stated will not be
entertained.
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5. The Successful Bidder shall be responsible for the safety and security of all the
internal items such as furniture, equipment, fixtures etc. The Bank will recover the cost
of any damage to the Bank’s property from Successful Bidder’s Security Deposit.
6. The Facility Management services supervisor shall maintain daily log sheets for
the work and produce the same along with the bills every month while claiming the
payment for the contract.
7. Successful Bidder’s Employees – deployment at the work place
(i) For the purpose of this Facility Management Services contract, the Successful
Bidder shall deploy sufficient personnel for all types of services for an approximate
34100 Sq. ft. of Carpet Area to carry out the works strictly as per stipulated
frequency/time mentioned in the scope of work earlier.
(ii) The personnel deployed shall be of good health and moral character, well
behaved, obedient, experienced and skillful in their tasks. The Successful Bidder should
provide necessary uniform to their Facility Management Services staff at their own cost.
The cost of Identity Cards to the staff shall also be borne by the Successful Bidder. The
personnel employed by the Successful Bidder shall compulsorily wear uniform
prescribed by the Bank while on duty and shall always carry his / her Identity Cards.
(iii) In addition to the above, the Facility Management services works shall be
supervised by the persons who have minimum 5 years’ experience in Facility
Management services and Facility Management Services shall co-ordinate and report to
the concern officer in charge or Care Taker of the Bank. Exclusive Supervisors for
existing building and annex building shall be available in IDBI building premises at all
times from the time of commencement of work (i.e. 7:00 am) till completion of all the
works on that day as per the requirement of office/contract/Bank. No separate payment
will be made for engaging supervisors.
(iv) The Successful Bidder shall be responsible for the payment of wages / dues to its
employees. All liabilities arising out of violation of any local and Central Laws shall be the
responsibility of the Successful Bidder without encroaching upon the rights and liabilities
upon the Bank in any manner.
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(v) The Successful Bidder shall furnish a detailed duty chart of the employees to be
employed by him for various works enumerated in the scope of work and the same shall
be approved by Bank at the beginning contract and shall maintain the same for every
month thereafter. The Successful Bidder shall not make any changes in duty chart
without prior permission from the Bank during course of contract. If the works are not
completed as per schedule deductions/ penalties will be levied as indicated in scope of
work.
(vi) The workmen of the Successful Bidder should be conversant in Local
Language/Hindi. The Supervisor of the Successful Bidder shall have full control over the
employees engaged by the Successful Bidder. It shall be his duty to give necessary
guidance and directions to the workmen to carry out the jobs assigned to them
effectively. The Successful Bidder should rotate their staff at least once in six months
with equally trained and experienced people.
(vii) The Successful Bidder should take all precautionary measures to ensure the
safety of the workmen employed by it and the Bank shall not be responsible in case of
any eventuality.
(viii) Depending upon the exigencies and the requirements of the Bank the working
hours and days of the workmen engaged by the Successful Bidder will be suitably
adjusted. In case of absenteeism on day by the personnel engaged, the Bank reserves
the right to deploy any other person to get the work done. The amount to be deducted
as penalty under such event for non-completion of each/frequency of service are given
above in the scope of work.
(ix) The work shall be carried out in the manner complying in all respects with the
requirements of relevant byelaws of the local body under the jurisdiction of which the
work is to be executed or as directed by the Bank In-charge and nothing extra shall be
paid on this account.
(x) The Bank reserves the right to reject any particular workmen/staff
placed/employed under the contract with the Bank without assigning any reason. In
case Successful Bidder fails to take action against the defaulter, the Bank reserves the
CPU – BELAPUR, NAVI MUMBAI
20
right to take suitable/legal action against the Successful Bidder and the workmen staff
concerned.
(xi) As the agreement entered with Successful Bidder is service agreement the
Successful Bidder shall at all times indemnify the Bank against all claims which may be
made under the Workmen’s Compensation Act or rules there under or under any law or
rules of compensation payable under any consequences.
(xii) Successful Bidder shall be solely responsible for accommodation, remuneration,
omissions / commissions of personnel deployed at the Bank’s Office.
(xiii) In case of theft of any material takes place from the office on account of the
negligence on the part of the personnel deployed by the Successful Bidder. Amount for
loss/theft will be recovered from the Successful Bidder while settling the bill.
(xiv) Permanent addresses of all staff members along with references about their
conduct from two persons residing in his/her area of living shall be produced by the
Successful Bidder to the Bank, before deployment so as to enable the Bank to locate
them as and when required.
(xv) The Successful Bidder shall conduct his work so as not to interfere with or hinder
with the operations of the Bank. He shall arrange his work with that of the other
Successful Bidder in an acceptable and co-ordinate manner and shall perform it in
proper sequence to the complete satisfaction of Officer-In-charge of the Bank. Utmost
care shall be taken to keep the noise level to the minimum so that no disturbance as far
as possible is caused to the people nearby.
(xvi) The contract for Facility Management Services would be initially for a period of 1
year as per the quoted rates [i.e. per square feet/per month for a fixed total area for
three floors of IDBI building from the date of acceptance of the price bid. However, the
initial contract for Facility Management Service work shall be awarded by the Bank for a
period of three months & on satisfactory performance, the contract will be extended for
nine months that may be further extended and renewed for consecutive two years (for
each year separately) based on the quoted lowest rates for all the three years at the
time of bidding. In other words, the rates for the assigned work shall remain unchanged
CPU – BELAPUR, NAVI MUMBAI
21
during the entire period of said three years. Extension of contract in favour of the
successful Bidder, after first and second year, shall be considered subject to following:
a. Satisfactory performance by the Successful Bidder during previous year/s
b. Same terms and conditions upon renewal of License by the Successful Bidder on
or before expiry of the License granted by the Appropriate Authority under the Contract
Labour (Regulation and Abolition) Act, 1970.
(xvii) There shall be no escalation in cost during the period of the contract. In case the
Successful Bidder fails to renew the contract during two years after initial period of one
year, the entire Security Deposit shall be forfeited.
8. Safety Measures
The Successful Bidder should make adequate safety arrangements for the person
working on site. The Successful Bidder and his staff shall not cause disturbance to the
customers/staff of the Bank.
9. Successful Bidders Responsibility-Licenses and Registrations
(i) The Successful Bidder should possess the requisite license under Contract Labour
(R&A) Act issued by the Central Labour Commissioner for running the establishment at
its own cost. The Bank shall not be responsible in any way for any breach by the
Successful Bidder of the rules and regulations governing the running of such
establishments. The Successful Bidder shall register with the Registrar of concerned
Central Labour Commissioner, Government of India (Ministry of Labour). Successful
Bidder shall follow all rules and regulations and other Statutory Acts/Regulations
relevant to this contract including Works Contract Act, Minimum Wages Act, Provident
Fund Act, ESIC etc. Successful Bidder shall indemnify the Bank as principal employer
negligence or non-compliance of any of the aforesaid rules, regulations etc. laid down
by the Government of India/Government of Maharashtra and other Statutory
authorities from time to time. In case of fresh notification issued by the Government
relating to Section 10 of CL(R&A) 1970, the contract would be discontinued forthwith
and no compensation will be payable to the Successful Bidder.
CPU – BELAPUR, NAVI MUMBAI
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(ii) The Successful Bidder must comply with all the legal direction and orders of the
central /local / public authority or municipality and abide by their rules and regulations
and pay all fees and charges for which they may be liable.
(iii) Successful Bidder shall, without fail, cover all the men deployed by him on this
work with all risk policy, workmen compensation insurance and comprehensive third
party insurance etc. Such insurance policies shall be in joint names of the Bank the
Successful Bidder and copy of the same will have to be submitted to the Bank before
taking up the work. The Successful Bidder shall arrange and pay for the policy under the
Public Liability Insurance Act, 1991. The Successful Bidder shall obtain adequate
Insurance Policy in respect of his workmen engaged for the service toward meeting the
liability of compensation arising out of death, injury/ disablement at work etc. and shall
regularly and punctually pay each and every premium as and when the same shall
become due during the currency of these presents. Besides, the Successful Bidder shall
comply with all relevant labour laws as applicable to the area as existing or as may be
mentioned during the contract period and shall indemnify the Bank against all acts of
omissions, fault, breaches and or any claim or demand, loss injury and expenses to
which the Bank may be party or involved as a result of the Successful Bidders failure to
comply the obligations under the relevant act/ law which the Successful Bidder is to
follow.
(iv) The payment to the workers engaged by the Successful Bidder should be in
conformity with the provisions of the Minimum Wages Act as per norms laid down by
Central Labour Commissioner (Ministry Of Labour, Government of India) and paid at the
frequency laid under the law. The payments should be effected on monthly basis.
(v) It may be noted by the Successful Bidder and brought to the notice of his
workmen that this is purely a contract work and the workmen /employees, employed by
him are carrying out an annual contract and it does not entail them to seek employment
/ job opportunity for him or his workers in the Bank at any point of time.
10. Delay in the successful Bidder’s performance:
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Performance of the Contract shall be made by the successful Bidder strictly in
accordance with the time schedule specified by the Bank. Time is the essence of
Contract. Any delay by the successful Bidder in the performance of its contractual
obligations, which the Bank in its sole discretion may adjudge, shall render the
successful Bidder liable to any or all the following sanctions:
i. Forfeiture of its EMD/Security Deposit.
ii. Imposition of liquidated damages/penalty, and/or
iii. Termination of the Contract for default
If, at any time during performance of the Contract, the successful Bidder
encounter conditions impeding timely completion of the service(s) under the Contract
and performance of service(s), the successful Bidder shall promptly notify the Bank in
writing of the fact of the delay, its likely duration and its causes. As soon as practicable
after receipt of the successful Bidder notice, the Bank shall evaluate the situation and
may at its sole discretion extend the successful Bidder time for performance, in which
case, the extension shall be ratified by the Parties by amendment of the Contract.
11. Standard of Performance
The successful Bidder shall perform the service(s) and carry out its obligations
under the Contract/ this Tender with due diligence, efficiency and economy, in
accordance with generally accepted techniques and practices used in industry and with
professional engineering standards recognized by the international professional bodies.
The successful Bidder shall safeguard IDBI Bank's legitimate interests in any dealing with
third parties.
12. The successful Bidder shall execute and furnish to IDBI Bank, a deed of indemnity
in favour of the IDBI Bank in a form and manner, as given in Annexure IX, indemnifying
the Bank its directors, employees, agents, its affiliates, subsidiaries, successors, assigns
and representatives from and against any costs, loss, damages, expense, claims,
litigations, suits, actions, judgments, and or otherwise including but not limited to those
from third parties or liabilities of any kind howsoever suffered, arising out of or incurred
CPU – BELAPUR, NAVI MUMBAI
24
inter alia during and after the Contract period due to deficiency of services by the
successful bidder in terms of RFQ. The provisions under this clause shall survive the
termination of the Contract.
13. The Service(s) of the successful Bidder herein shall not be construed as any
agency of IDBI Bank and there shall be no principal agency relationship between IDBI
Bank and the successful Bidder in this regard.
14. No Set-off, counter-claim and cross claims:
In case the successful Bidder has any other business relationship with the Bank,
no right of set-off, counter-claim and cross-claim and /or otherwise will be available to
the successful Bidder. However, the Bank shall have such rights against the successful
Bidder.
15. Representations and Warranties:
In order to induce the Bank to enter into the Contract, the Successful Bidder
hereby represents and warrants as of the date hereof, which representations and
warranties shall survive the term and termination hereof, the following:
a) That the Successful Bidder is an individual/ sole proprietorship firm/ partnership
firm/company which has the requisite qualifications, skills, experience and expertise in
providing the service(s), the technical know-how and the financial wherewithal, the
power and the authority to enter into the Contract and provide the service(s) sought by
the Bank.
b) That the Successful Bidder is not involved in any major litigation and no litigation
or investigation is threatened against the Successful Bidder. That the existing or
threatened litigations or investigations do not have an impact of affecting or
compromising the performance and delivery of service(s) under the Contract.
c) That the representations made by the Successful Bidder in its Bid are and shall
continue to remain true and fulfill all the requirements as are necessary for executing
the duties, obligations and responsibilities as laid down in the Contract and this Tender
and unless the Bank specifies to the contrary, the Successful Bidder shall be bound by all
CPU – BELAPUR, NAVI MUMBAI
25
the terms of the Bid. The Successful Bidder has not suppressed any information, which is
within the knowledge of the Successful Bidder.
d) That the Successful Bidder meets the requisite eligibility criteria as set out
hereinabove and has the requisite professional skills, personnel and
resources/authorizations that are necessary for providing / rendering all such service(s)
as are necessary to perform its obligations under the Bid and this Contract.
e) That all the representations and warranties as have been made by the Successful
Bidder with respect to its Bid and the Contract, are true and accurate, and shall continue
to remain true and accurate through the term of the Contract.
f) That the execution of the service(s) herein is and shall be strictly in accordance
and in compliance with all applicable laws, as amended from time to time, the
regulatory framework governing the same and the good industry practice.
g) That there are – (i) no legal proceedings pending or threatened against
Successful Bidder or any sub Successful Bidder/third party or its team which adversely
affect/may affect performance under the Contract; and (ii) no inquiries or investigations
have been threatened, commenced or pending against the Successful Bidder or any sub-
Bidder / third party or its team members by any statutory or regulatory or investigative
agencies.
h) That the Successful Bidder has the corporate power to execute, deliver and
perform the terms and provisions of the Contract and has taken all necessary corporate
action to authorize the execution, delivery and performance by it of the Contract.
i) That all the conditions precedent under the Contract has been complied.
j) That neither the execution and delivery by the Successful Bidder of the Contract
nor the Successful Bidder’s compliance with or performance of the terms and provisions
of the Contract (i) will contravene any provision of any applicable laws or any order,
writ, injunction or decree of any court or governmental authority binding on the
Successful Bidder (ii) will conflict or be inconsistent with or result in any breach of any or
the terms, covenants, conditions, provisions or stipulations of, or constitute a default
CPU – BELAPUR, NAVI MUMBAI
26
under any agreement, contract or instrument to which the Successful Bidder is a party
or by which it or any of its property or assets is bound or to which it may be subject or
(iii) will violate any provision of the Constitutional Documents (if applicable) of the
Successful Bidder.
k) That the Successful Bidder certifies that all registrations, recordings, filings and
notarizations of the Contract and all payments of any tax or duty, including without
limitation stamp duty, registration charges or similar amounts which are required to be
effected or made by the Successful Bidder which is necessary to ensure the legality,
validity, enforceability or admissibility in evidence of the Contract have been made by
him/her/it.
l) That the Successful Bidder confirms that there has not and shall not occur any
execution, amendment or modification of any agreement/contract without the prior
written consent of the Bank, which may directly or indirectly have a bearing on the
Contract or service(s).
16. Relationship between the Parties:
Nothing in the Contract constitutes any fiduciary relationship between IDBI Bank
and successful Bidder/its team or any relationship of employer - employee, principal and
agent, or partnership, between IDBI Bank and the successful Bidder.
No Party has any authority to bind the other Party in any manner whatsoever,
except as agreed under the terms of the Contract.
IDBI Bank has no obligation to the successful Bidder’s except as agreed under the
terms of the Contract.
All employees/personnel/ representatives/agents etc., engaged by the successful
Bidder for performing its obligations under the Contract/Tender shall be in sole
employment of the successful bidder and the successful Bidder shall be solely
responsible for their salaries, wages, statutory payments etc. Under no circumstances,
shall IDBI Bank be liable for any payment or claim or compensation (including but not
CPU – BELAPUR, NAVI MUMBAI
27
limited to any compensation on account of any injury / death / termination) of any
nature to the employees/personnel/representatives/agent etc. of the successful Bidder.
The successful Bidder shall disclose to IDBI Bank in writing, all actual and
potential conflicts of interest that exist, arise or may arise (either for the successful
Bidder or its team/agents/representatives/personnel etc.) in the course of performing
the service(s) as soon as practical after it becomes aware of that conflict.
The successful Bidder shall not make or permit to be made a public
announcement or media release about any aspect of the Contract unless IDBI Bank first
gives the successful Bidder its prior written consent.
21. No Assignment
The Contract cannot be transferred or assigned by the successful Bidder without
the prior written approval of IDBI Bank.
22. Entire Contract
The terms and conditions laid down in this Tender/the Contract and all annexure
thereto shall be read in consonance with and form an integral part of the Contract. The
Contract supersedes any prior contract, understanding or representation of the Parties
on the subject matter.
23. Termination of the Contract
(i) The Bank may terminate the contract by issuing one month notice to the
Successful Bidder without showing any reason whatsoever. In the event of instances of
unsatisfactory service, gross misbehavior, theft, burglary, moral turpitude, misuse of the
Bank’s premises etc. by the Successful Bidder or by any staff of the Successful Bidder,
the Bank may forthwith/instantly terminate this contract without any previous notice or
showing any reason whatsoever to the Successful Bidder and the Successful Bidder shall
have no claim whatsoever against the Bank or any of its Officers in consequence of such
termination. The Security Deposit kept with Bank will automatically stands forfeited
under such circumstances without any further correspondence/intimation in the matter.
CPU – BELAPUR, NAVI MUMBAI
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(ii) On the termination of the contract, the Successful Bidder & its
employees/workmen shall peacefully vacate the premises and handover to the Bank all
articles, equipment, furniture and other fixtures belonging to the Bank and other
material entrusted in its custody and shall remove all its stores and effects immediately.
In case of default the Bank shall be entitled to enter into and take possession of the
Bank’s Premises block and lock up the same or remove its stores or their effects
wherever lying and to dispose of the same by sale or otherwise without being liable for
any damage. Failure to exercise the Bank’s rights, any omission on the part of the Bank
at any time to exercise any of its rights under the terms of Facility Management Services
contract shall in no way impair or effect to the validity of the terms and the rights of the
Bank to enforce its rights at any time subsequently.
(iii) Consequences of Termination:
a. In the event of termination of the Contract due to any cause whatsoever,
[whether consequent to the stipulated term of the Contract or otherwise], IDBI Bank
shall be entitled to impose any such obligations and conditions and issue any
clarifications as may be necessary to ensure an efficient transition and effective business
continuity of the Service(s) which the successful Bidder shall be obliged to comply with
and take all available steps to minimize loss resulting from that termination/breach, and
further allow the next successor of successful Bidder to take over the obligations of the
erstwhile successful Bidder in relation to the execution/continued execution of the
scope of the Contract.
b. In the event of termination of the Contract due to efflux of time where the term
is not extended by IDBI Bank, the successful Bidder shall be obliged to provide all such
assistance to the next successor Successful Bidder or any other person as may be
required and as IDBI Bank may specify including training, where the successor(s) is a
representative/personnel of IDBI Bank, to enable the successor to provide adequately
the Service(s) hereunder, even where such assistance is required to be rendered for a
reasonable period that may extend beyond the term/earlier termination hereof.
c. Where the termination of the Contract is prior to its stipulated term on account
of a default on the part of the successful Bidder or due to the fact that the survival of
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29
the successful Bidder as an independent corporate entity is threatened/has ceased, IDBI
Bank shall pay the successful Bidder for that part of the Service(s) which have been
authorized by IDBI Bank and satisfactorily performed by the successful Bidder up to the
date of termination. Without prejudice to any other rights, IDBI Bank may retain such
amounts from the payment due and payable by IDBI Bank to the successful Bidder as
may be required to offset any losses caused to IDBI Bank as a result of any act/omissions
of the successful Bidder. In case of any loss or damage due to default on the part of the
successful Bidder in performing service(s) or any failure to perform any of its obligations
under the Contract, the successful Bidder shall compensate IDBI Bank for any such loss,
damages or other costs, incurred by IDBI Bank. Additionally, the sub Bidder (if any) other
members of its team shall continue to perform all its obligations and responsibilities
under the Contract in an identical manner as were being performed hitherto before in
order to execute an effective transition and to maintain business continuity. All
permitted third parties shall continue to perform all / any functions as stipulated by IDBI
Bank and as may be proper and necessary to execute the Service(s) under the Contract
in terms of the successful Bidder’s bid and the Contract.
d. The termination hereof shall not affect any accrued right or liability of either
Party nor affect the operation of the provisions of the Contract that are expressly or by
implication intended to come into or continue in force on or after such termination.
e. In the event of termination of this Contract for any reason whatsoever, IDBI Bank
shall have the right to publicize such termination to caution the customers/public from
dealing with the successful Bidder.
24. Settlement of Bills
The Bank will fix the lowest rate (ie. per square feet per month for respective
buildings) on the basis of competitive bidding and enter into service agreement with the
lowest vendor and release monthly payment to the vendor after completion of Facility
Management Services work satisfactorily based on rates quoted for each of the year
separately at the time of tender for 34100 Sq. ft. of Carpet Area of the building.
CPU – BELAPUR, NAVI MUMBAI
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The rate quoted per square feet per month is inclusive of all the types of services
and their frequencies(ie irrespective of types of services and their frequencies which
may be daily/monthly/Quarterly/etc.). No separate payment will be made for any type
of the services and frequencies indicated in scope of work. Successful Bidder has taken
into account of all these services while quoting his rates per sq. ft./per month for 34100
square feet of Carpet area considered for the purpose of billing, which has also include
all statutory taxes, minimum wages, transportation, insurance, , profit & overheads, etc.
The Facility Management Services supervisor shall maintain daily log
sheets/periodical log sheets as per scope of work & frequencies and produce the same
along with the bills every month while claiming the payment for the contract.
The Successful Bidder shall submit the bills for every month separately. The
payments shall be made, subject to production of copies of PF, ESIC, Service tax paid
challans for processing the bill of next month, within 10 days from the date of
submission of the bills, subject to the bill being in order. While making such payment
the Bank shall make the following deductions.
i) Income-tax or any other tax deduction at source as per the Government rules.
ii) The amount equivalent to any damages/loss etc. caused to the Bank by the
workmen/employees of the Successful Bidder.
iii) Any other charges, penalties and other deduction etc indicated in scope of work.
iv) The Bank reserves right to correct arithmetical errors or other errors in the
matter in which the Bank consider suitable and deem fit. This adjustment shall be
acceptable to and binding upon the Successful Bidder.
25. Compensation clause/Penalty Clause:
i. The successful bidder shall disburse the salary to its deployed manpower,
inclusive of other allowance between 7-10th of every month, failing which
compensation of Rs. 500/-per day will be deducted from the next month’s payment by
the Bank up to the date when payment is made.
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31
ii. Whenever and wherever it is found assigned work is not up to the mark, it will be
brought to the notice of supervisors of the successful bidder by IDBI Bank Ltd. and if no
action is taken within the stipulated time, penalty of Rs 75/- per day per complaint till
the complaint is satisfactorily addressed is payable by the successful bidder to IDBI Bank
Ltd. as compensation.
iii. The agency has to ensure to maintain the adequate number of manpower, Scope
of work and services and also arrange a pool of standby staff/supervisor. In case any
staff/supervisor is absent from duty, a reliever shall be deployed in time from an existing
pool of staff.
iv. The Facility Management services staff including supervisors must be in proper,
full and clean uniform with name plates (badges) at all times failing which compensation
of Rs.100/- per day per person will be payable/recoverable from the successful bidder.
v. Any deviation in the work assigned will be subject to compensation payable to
IDBI Bank Ltd. and will be recoverable from the bill of defaulting service providing
successful bidder.
vi. The successful bidder shall ensure that the staff deployed by it does not wander
here and there and sit idle in groups during working hours. Due discipline will have to be
maintained by the staff and they shall not hinder the working of other employees/staff.
26. Dispute resolution
The Bank and the successful Bidder shall use their best efforts to settle amicably
all disputes arising out of or in connection with the Contract in the following manner:
a. The Party raising the dispute shall address to the other Party a notice requesting
an amicable settlement of the dispute within [30] (Thirty) days of receipt of the notice.
b. The matter will be referred for negotiation between CGM (IMD) or any other
officer designated by him of IDBI Bank and authorized representative of the successful
Bidder. The matter shall then be resolved by them and the agreed course of action
documented within a further period of [90] (Ninety) days.
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The Parties agree that any dispute between the Parties, which cannot be settled
by negotiation in the manner, described above, may be resolved exclusively by
arbitration. Arbitration shall be held in Mumbai, India and conducted in accordance with
the provision of Arbitration and Conciliation Act, 1996 or any statutory modification or
re-enactment thereof. The Bank shall appoint sole arbitrator and decision of such
arbitrator shall be binding on the parties. The arbitration proceedings shall be
conducted in English language. Subject to the above, the courts of law at Mumbai alone
shall have the jurisdiction in respect of all matters connected with the Contract. The
arbitration award shall be final, conclusive and binding upon the Parties and judgment
may be entered thereon, upon the application of either Party to a court of competent
jurisdiction. Each Party shall bear the cost of preparing and presenting its case, and the
cost of arbitration, including fees and expenses of the arbitrators, shall be shared
equally by the Parties unless the award otherwise provides.
The successful Bidder shall not be entitled to suspend the service(s) or the
completion of the job, pending resolution of any disputes between the Parties and shall
continue, at the sole discretion of IDBI Bank, to render the service(s) in accordance with
the provisions of the Contract notwithstanding the existence of any dispute between
the Parties or the subsistence of any arbitration or other proceedings.The provision
under this section shall survive the Contract.
27. Security Deposit
EMD of successful bidder (L1) will be adjusted towards Security Deposit. The
EMD should be by a Bank Draft or a Pay Order drawn on PSU Banks or scheduled
commercial Banks only, in favor of IDBI Bank Ltd. The amount of Security Deposit to be
made will be worked out at @ 5% of the annual contract value (quoted and accepted
by Bank) till completion of contract period (3 years). In case the Successful Bidder fails
to complete the contractual obligations as per the tender or leaves the job half way or
does not undertake the jobs at site within stipulated period, the Bank shall forfeit the
Security Deposit. The Security Deposit collected by Bank shall not carry any interest.
Also, in case of damage or loss to any article or equipment of furniture and fixture on
account of negligence other than normal wear and tear or loss incurred by the Bank by
CPU – BELAPUR, NAVI MUMBAI
33
any other reason, the Bank shall recover the reasonable amount out of the security
deposit to recover the loss sustained.
28. ‘NO CLAIM’ Certificate
The successful Bidder shall not be entitled to make any claim, whatsoever,
against the Bank, under or by virtue of or arising out of, the Contract, nor shall the Bank
entertain or consider any such claim, if made by the successful Bidder after he has
signed a ‘No Claim’ Certificate in favour of the Bank in such forms as shall be required by
the Bank after the delivery/ performance of service(s) are finally accepted.
29. Governing Law
The Contract and any non-contractual obligations arising out of or in connection
with the Contract shall be governed by the laws of Republic of India.
30. Jurisdiction of Courts
The courts at Mumbai shall have exclusive jurisdiction to determine any
proceeding in relation to the Contract/this tender.
31. SIGNING OF CONTRACT
After Bank notifies the Successful Bidder that its bid has been accepted and the
Bidder should sign the contract / agreement as per the format provided in the Annexure
VIII to the RFQ and complete the execution of all other documents. The signing of
contract should be accompanied by the submission of Security Deposit, deed of
indemnity as per the Annexure IX and other applicable documents. The Agreement /
contract form and all other documents would be signed at Mumbai/Navi Mumbai,
ideally within 21 days of receipt of notification of award of contract. Payment of stamp
duty would be as per applicable laws in the State of Maharashtra. The Bidder shall bear
all costs and expenses for the execution, stamp duty and submission of the contract and
agreements. Bank shall not be responsible or liable for reimbursing / compensating
these costs and expenses. The incidental expenses of execution of the Contract as well
as the conditions stipulated in the contract shall be strictly adhered to and any breach /
violation thereof shall entail termination of the Contract without prejudice to the other
right of IDBI Bank including but not limited to the right to levy / impose and recover
penalties as specified in this RFQ or Contract.
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32. DOCUMENTS TO BE ENCLOSED WITH TECHNICAL BID (Copies)
a. License from Labour Commissioner to employ contract labour under the
Contract Labour Act.
b. Registration certificate under Employees Provident Fund Act (challans to be
attached)
c. Registration under Employees State Insurance Act, (challans to be attached)
d. Copy of Latest Income tax clearance certificate and PAN Card of the Successful
Bidder
e. Service Tax Registration with latest proof (challans to be attached)
f. Registration under Sales Tax Act/VAT
I /We have read the above terms & conditions and agree to the same.
Date: Signature and seal of Bidder
Place:
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35
ANNEXURE-I
Information regarding organization
S.No Particulars Details to be furnished by the Bidder
1 Name & Address of the company/ firm
2 PAN No.
3 Type of organization & year of incorporation.
4 Correspondence address with contact person’s name, telephone number, mobile number, E-mail etc.
5 Name & details of Directors/Partners/ Proprietor
6 Company Profile with year of establishment
7 Details of offices
8 Whether registered with Registrar of Companies, if so, number & date
9 Registration with tax authorities (with copies of 3 years IT Returns) 1. PAN. 2. GST No.
10 Names of the Bankers with address 1. 2. 3.
11 Details of Solvency Certificate submitted
12 Turnover of the company. Please provide the details for the last 3 years ending March 31, 2018. (Certified copies of audited Balance Sheet and profit & loss account statement to be enclosed ) a) FY – 2015-16 b) FY – 2016-17 c) FY – 2017-18
Rs.____________ Rs.____________ Rs.____________
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13 Details of the works executed by the firm during mentioned which qualify the eligibility criteria) Copies of satisfactory work experience obtained from the employers to be enclosed
Annexure II to be filled up
14 Registration with Government /Public Sector Undertakings/ Banks
Annexure III to be filled up
15 Organizational set up and trained man power available (Enclose the chart)
Annexure IV to be filled up
16 Details of litigation / arbitration cases resulting from the contracts executed by your firm in the past or currently under execution
Annexure V to be filled up
17 Names along with address and telephone numbers of two organization for whom work done in the past and who are in a position to certify the past performance of your firm
Annexure VI to be filled up
18 Implementation of Integrity Pact(IP)
Annexure VII to be filled up
20 Other information applicant might like to give in support of the application
Signature of the authorized person & company seal
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ANNEXURE-II
LIST OF FACILITY MANAGEMENT SERVICES CONTRACTS EXECUTED
DURING LAST 3 YEARS ENDING ON March 31st 2018.
The minimum carpet area where Facility Management Services carried out needs to be
AREA 34100 approx) AND
One contract Facility Management Services of value not less than Rs.58.00 Lakhs
OR
Two – contracts Facility Management Services t of total value more than Rs. 36.00 Lakhs
OR
Three - Facility Management services contracts of total value more than Rs. 29.00 Lakhs
A. Works completed:
Sr. No.
Name of the Client
Supervising Authority under whom work was carried out (Name & Designation)
Work order Ref.No. & date(enclose copies)
Contract period
Contract value (Rs. inCr.)
Area (in sft)
Copy of work order enclosed? (Yes/No)
B. Works in progress:
Sr. No.
Name of the Client
Supervising Authority under whom work was carried out (Name & Designation)
Work order Ref.No. & date(enclose copies)
Contract period
Contract value (Rs. inCr.)
Area (in sft)
Copy of work order enclosed? (Yes/No)
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ANNEXURE-III
Details of Registrations
Registration with Government /Public Sector Undertakings/ Banks for Carrying
out Facility Management Services i.e. Central Labour Commissioner License, PF, ESI, etc.
either Centralized or State/wise
Sr.No. Name
Nature of work
Value of work
Name of the Registration authority and Date of registration
ANNEXURE-IV
Organizational set up and trained man power details
S.No.
Name Qualification Experience Works done
Employed with your firm since
Any other information
ANNEXURE-V
Details of litigation / arbitrations
Details of litigation / arbitration cases resulting from the contracts executed by
the Bidder in the past or currently under execution
Year Award for/ against applicant
Name of Client
Cause of litigation
Disputed amount
Actual awarded amount
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ANNEXURE-VI
Contact details of organizations where bidders provided Facility Management Services
in the past
Names along with address and telephone numbers of organization for whom
work done in the past and who are in a position to certify the past performance of
bidder
S.No Name of the organisation Address Tele.no./Mobile Fax/E-mail
ANNEXURE-VII
PRE CONTRACT INTEGRITY PACT
General
This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is
made on ____________ day of the month of ___________ 20___, between, IDBI Bank
Ltd., a company within the meaning of Section 2(20) of the Companies Act, 2013 (18
of 2013) and a banking company within the meaning of Section 5 (c) of the Banking
Regulation Act, 1949 (10 of 1949), with Corporate Identity No.
L65190MH2004GOI148838 and having its registered office at IDBI Tower, WTC
Complex, Cuffe Parade, Mumbai 400005 through its _______________ Department/
Office at ___________, _________, (hereinafter called the "PRINCIPAL'', which
expression shall mean and include, unless the context otherwise requires, its
successors) of the First Part and M/s ______________represented by Smt/
Shri___________________________, MD/ CEO/ CMD (hereinafter called the
"BIDDER/ Seller which expression shall mean and include, unless the context
otherwise requires, its/ his successors and permitted assigns) of the Second Part.
WHEREAS the PRINCIPAL proposes to procure (_____________________) and
BIDDER/ Seller is willing to offer/ has offered the same to the Principal.
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WHEREAS the BIDDER is a private company/ public company/ Government
undertaking/ partnership/ registered export agency, constituted in accordance with
the relevant law in the matter and the PRINCIPAL is an Office/ Department of IDBI
Bank Ltd performing its functions on behalf of IDBI Bank Ltd.
NOW, THEREFORE,
To avoid all forms of corruption by following a system that is fair, transparent and
free from any influence/ prejudiced dealings prior to, during and subsequent to the
currency of the contract to be· entered into with a view to:
Enabling the PRINCIPAL to obtain the desired service/ product at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement; and
Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the PRINCIPAL will commit to prevent corruption, in any form, by its officials by following transparent procedures.
The parties hereto hereby agree to enter into this Integrity Pact and agree as
follows:
1. Commitments of the PRINCIPAL
1.1 ) The PRINCIPAL undertakes that no official of the PRINCIPAL, connected directly or indirectly with the contract, will demand, take a promise for or accept directly or through intermediaries, any bribe, consideration, gift, reward, favour or any material or immaterial benefit or any other advantage from the BIDDER, either for themselves or for any person, organisation or third party (which is not available legally) related to the contract in exchange for an advantage in the bidding process, bid evaluation, contracting or implementation process related to the contract.
1.2 ) The PRINCIPAL will, during the pre-contract stage, treat all BIDDERs alike, and will provide to all BIDDERs the same information and will not provide any such information to any particular BIDDER which could afford an advantage to that particular BIDDER in comparison to other BIDDERs.
1.3 ) All the officials of the PRINCIPAL will report to the appropriate authority any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach.
2. In case any such preceding misconduct on the part of such official(s) is reported by the BIDDER to the PRINCIPAL with full and verifiable facts and the same is prima facie found to be correct by the PRINCIPAL, necessary disciplinary
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proceedings, or any other action as deemed fit, including criminal proceedings may be initiated by the PRINCIPAL and such a person shall be debarred from further dealings related to the contract process. In such a case while an enquiry is being conducted by the PRINCIPAL the proceedings under the contract would not be stalled.
3. Commitments of the BIDDERs The BIDDER commits itself to take all measures necessary to prevent corrupt
practices, unfair means and illegal activities during any stage of its bid or during any
pre-contract or post-contract stage in order to secure the contract or in furtherance
to secure it and in particular commit itself to the following:
3.1 ) The BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage commission, fees brokerage or inducement to any official of the PRINCIPAL, connected directly or indirectly with the bidding process, or to any person, organisation or third party related to the contract in exchange for any advantage in the bidding, evaluation, contracting and implementation of the contract.
3.2 ) The BIDDER further undertakes that it has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement (not available legally) to any official of the PRINCIPAL or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with IDBI Bank Ltd for showing or forbearing to show favour or disfavor to any person in relation to the contract or any other contract with IDBI Bank Ltd.
3.3 ) The BIDDER confirms and declares that they have not made any payments to any agents/ brokers or any other intermediary, in connection with this bid/ contract.
3.4 ) The BIDDER further confirms and declares to the PRINCIPAL that the BIDDER is the original vendor or service provider in respect of product/ service covered in the bid documents and the BIDDER has not engaged with any individual or firm or company whether Indian or foreign to intercede, facilitate or in any way to recommend to the PRINCIPAL or any of its functionaries, whether officially or unofficially to the award of the contract to the BIDDER, nor has any amount been paid, promised or intended to be paid to any such individual, firm or company in respect of any such intercession, facilitation or recommendation.
3.5 ) The BIDDER, at the earliest available opportunity, i.e. either while presenting the bid or during pre-contract negotiations and in any case before opening the financial bid and before signing the contract, shall disclose any payments he has made, is committed to or intends to make to officials of the PRINCIPAL or their family
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members, agents, brokers or any other intermediaries in connection with the contract and the details of the services agreed upon for such payments.
3.6 ) The BIDDER will not enter into any undisclosed agreement or collude with other parties interested in the contract/ other BIDDERs to impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract or with respect to prices, specifications, certifications, subsidiary contracts etc.
3.7 ) The BIDDER will not accept any advantage in exchange for any corrupt practice; unfair means and illegal activities.
3.8 ) The BIDDER shall not use improperly, for purpose of competition or personal gain or pass on to others, any information provided by the PRINCIPAL as a part of the business relationship, regarding plans, technical proposals and business details including information contained in any electronic data carrier. The BIDDER also undertakes to exercise due and adequate care lest any such information is divulged.
3.9 ) The BIDDER commits to refrain from giving any complaint directly or through any other manner without supporting it with full and verifiable facts.
3.10 ) The BIDDER shall not instigate or cause to instigate any third person to commit any of the actions mentioned above.
3.11 ) If the BIDDER or any employee of the BIDDER or any person acting on behalf of the BIDDER, either directly or indirectly, is a relative of any of the officers of the PRINCIPAL, or alternatively, if any relative of an officer of the PRINCIPAL has financial interest/ stake in the BIDDER's firm, the same shall be disclosed by the BIDDER at the time of filing of tender.
3.12 The BIDDER shall not lend to or borrow any money from or enter into any monetary dealings or transactions, directly or indirectly, with any employee of the PRINCIPAL.
3.13 ) The BIDDER/ Contractor shall not directly or through any other person or firm use coercive practices against IDBI Bank and/ or other BIDDERs/ Contractor(s).
3.14 ) BIDDERs are not to pass any information provided by the PRINCIPAL as a part of business relationship to others and not commit any offence under PC/ IPC Act.
3.15 ) Foreign BIDDERs if any, to disclose name and address of agents and representatives in India and Indian Bidders to disclose their foreign principal or associates.
3.16 ) BIDDERs to disclose any transgressions with any other company that may
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impinge on anti- corruption principle.
4. Previous Transgressions
4.1 ) The BIDDER declares that no previous transgression occurred in the last three years immediately before signing of this Integrity Pact, with any other company in any country in respect of any corrupt practices envisaged hereunder or with any Public Sector Enterprise / Public Sector Banks in India or any Government Department in India or RBI that could justify BIDDER’s exclusion from the tender process.
4.2 ) The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason.
5. Earnest Money (Security Deposit)
5.1 ) While submitting commercial bid, the BIDDER shall deposit an amount (specified in RFP) as Earnest Money/ Security Deposit, with the PRINCIPAL through any of the modes mentioned in the RFP/ bid document and no such mode is specified, by a Bank Draft or a Pay Order drawn on PSU Banks or scheduled commercial Banks only, in favor of IDBI Bank Ltd. However payment of any such amount by way of Bank Guarantee, if so permitted as per bid documents/ RFP should be from any nationalized Bank other than IDBI Bank Ltd and promising payment of the guaranteed sum to the PRINCIPAL on demand within three working days without any demur whatsoever and without seeking any reasons whatsoever. The demand for payment by the PRINCIPAL shall be treated as conclusive proof for making such payment to the PRINCIPAL.
5.2 ) Unless otherwise stipulated in the Bid document/ RFP, the Earnest Money/ Security Deposit shall be valid upto a period of five years or the complete conclusion of the contractual obligations to the complete satisfaction of both the BIDDER and the PRINCIPAL, including warranty period, whichever is later.
5.3 ) In case of the successful BIDDER, a clause would also be incorporated in the Article pertaining to Performance Bond in the Purchase Contract that the provisions of Sanctions for Violation shall be applicable for forfeiture of Performance Bond in case of a decision by the PRINCIPAL to forfeit the same without assigning any reason for imposing sanction for violation of this Pact.
5.4 ) No interest shall be payable by the PRINCIPAL to the BIDDER on Earnest Money/ Security Deposit for the period of its currency.
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6. Sanctions for Violations
6.1 ) Any breach of the aforesaid provisions by the BIDDER or anyone employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER) shall entitle the PRINCIPAL to take all or any one of the following actions, wherever required:
6.1.1 To immediately call off the pre contract negotiations without assigning any reason and without giving any compensation to the BIDDER. However, the proceedings with the other BIDDER(s) would continue, unless the PRINCIPAL desires to drop the entire process.
6.1.2 The Earnest Money Deposit (in pre-contract stage) and / or Security Deposit/ Performance Bond (after the contract is signed) shall stand forfeited either fully or partially, as decided by the PRINCIPAL and the PRINCIPAL shall not be required to assign any reason therefore.
6.1.3 To immediately cancel the contract, if already signed, without giving any compensation to the BIDDER.
6.1.4 To encash the advance bank guarantee and performance bond/ warranty bond, if furnished by the BIDDER, in order to recover the payments, already made by the PRINCIPAL along with interest.
6.1.5 To cancel all or any other Contracts with the BIDDER. The BIDDER shall be liable to pay compensation for any loss or damage to the PRINCIPAL resulting from such cancellation/ rescission and the PRINCIPAL shall be entitled to deduct the amount so payable from the money(s) due to the BIDDER.
6.1.6 To debar the BIDDER from participating in future bidding processes of the PRINCIPAL or any of its subsidiaries for a minimum period of five years, which may be further extended at the discretion of the PRINCIPAL.
6.1.7 To recover all sums paid, in violation of this Pact, by BIDDER(s) to any middleman or agent or broker with a view to securing the contract.
6.1.8 Forfeiture of Performance Bond in case of a decision by the PRINCIPAL to forfeit the same without assigning any reason for imposing sanction for violation of this Pact.
6.1.9 Intimate to the CVC, IBA, RBI, as the PRINCIPAL deemed fit the details of such events for appropriate action by such authorities.
6.2 ) The PRINCIPAL will be entitled to take all or any of the actions mentioned at para 6.1.1 to 6.1.9 of this Pact also on the Commission by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER), of an offense as defined in Chapter IX of Indian Penal Code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption.
6.3 ) The decision of the PRINCIPAL to the effect that a breach of the provisions of this Pact has been committed by the BIDDER shall be final and conclusive on the
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BIDDER. However, the BIDDER can approach the Independent External Monitor(s) appointed for the purposes of this Pact.
7. Fall Clause
7.1 ) The BIDDER undertakes that it has not supplied/ is not supplying similar product/ systems or subsystems at a price lower than that offered in the present bid in respect of any other Ministry/ Department of the Government of India or PSU or any other Bank and if it is found at any stage that similar product/ systems or sub systems was supplied by the BIDDER to any other Ministry/ Department of the Government of India or a PSU or a Bank at a lower price, then that very price, with due allowance for elapsed time, will be applicable to the present case and the difference in the cost would be refunded by the BIDDER to the PRINCIPAL, if the contract has already been concluded. 8. Independent External Monitors
8.1 ) The PRINCIPAL has appointed Independent External Monitors (hereinafter referred to as Monitors or IEMs) for this Pact in consultation with the Central Vigilance Commission, whose details are given below:
No. Name of IEM Contact Number Contact mail
1 Shri S.Srinivasan, IAS
(Rtd)
9483536100 [email protected]
2 Shri. AjayKumar, ex-
CMD
9619272893 [email protected].
8.2 ) The task of the Monitors shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact.
8.3 ) The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently.
8.4 ) Both the parties accept that the Monitors have the right to access all the documents relating to the project/ procurement, including minutes of meetings.
8.5 ) As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform the Authority designated by the PRINCIPAL.
8.6 ) The BIDDER(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the PRINCIPAL including that provided by
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the BIDDER. The BIDDER will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Sub-contractors. The Monitor shall be under contractual obligation to treat the information and documents of the BIDDER/ Sub-contractor(s) with confidentiality.
8.7 ) The PRINCIPAL will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings.
8.8 ) The Monitor will submit a written report to the designated authority of PRINCIPAL/ Secretary in the Department/ within 8 to 10 weeks from the date of reference or intimation to him by the PRINCIPAL/ BIDDER and, should the occasion arise, submit proposals for correcting problematic situations.
9. Facilitation of Investigation
In case of any allegation of violation of any provisions of this Pact or payment of
commission, the PRINCIPAL or its agencies shall be entitled to examine all the
documents including the Books of Accounts of the BIDDER and the BIDDER shall
provide necessary information and documents in English and shall extend all possible
help for the purpose of such examination.
10. Law and Place of Jurisdiction
This Pact is subject to Indian Law. The place of performance and jurisdiction is the
seat of the PRINCIPAL.
11. Other Legal Actions
The actions stipulated in this Integrity Pact are without prejudice to any other legal
action that may follow in accordance with the provisions of the extant law in force
relating to any civil or criminal proceedings.
12. Validity
12.1 ) The validity of this Integrity Pact shall be from date of its signing and extend upto 2 years or the complete execution of the contract to the satisfaction of the PRINCIPAL and the BIDDER/ Seller, including warranty period, whichever is later. In case BIDDER is unsuccessful, this Integrity Pact shall expire after six months from the date of the signing of the contract, with the successful bidder by the PRINCIPAL.
12.2 ) Should one or several provisions of this Pact tum out to be invalid; the
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remainder of this Pact shall remain valid. In this case, the parties will strive to come to an agreement to their original intentions.
13. The parties hereby sign this Integrity Pact at _______________ on___________.
IN WITNESS WHEREOF, the Parties have signed and executed this Integrity Pact
at the place and date first hereinabove mentioned in the presence of following
witness:
Signature Signature
(For & on behalf of the PRINCIPAL) (For & on behalf of the BIDDER/
Contractor)
Office Seal Office Seal
Name Name
Designation Designation
Witness 1:
(Name & Address) __________________________
Witness 2:
(Name & Address) ____________________________
[Provisions of the above clauses would need to be amended/ deleted in line
with the policy of the PRINCIPAL in regard to involvement of Indian agents
of foreign suppliers].
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DECLARATION
1. All the above information furnished by me /us here above is correct to the best
of my knowledge and belief.
2. I/we have no objection if enquiries are made about the work listed by me /us as
above/in the annexures.
3. I/we agree that the decision of IDBI Bank Ltd in selection of the Contractors will
be final and binding on me/us.
4. I/we have read the instructions appended to the pro forma and i/we understand
that if any false information is detected at a later date, the empanelment/award
of contract shall be cancelled at the discretion of the bank
Signature of the Contractor
Name and designation
Seal of the firm
Place:
Date:
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ANNEXURE VIII
AGREEMENT
THIS AGREEMENT made at Mumbai on
day______of______,_______________BETWEEN
IDBI Bank Limited, a company incorporated and registered under the Companies Act,
1956 (1 of 1956) and a company within the meaning of Section 2 (20) of the Companies
Act, 2013 (18 of 2013) and a banking company within the meaning of Section 5 (c) of the
Banking Regulation Act, 1949 (10 of 1949), with Corporate Identity No.
L65190MH2004GOI148838 and having its registered office at IDBI Tower, WTC Complex,
Cuffe Parade, Mumbai – 400005, in the State of Maharashtra (hereinafter referred to as
“IDBI Bank” /“the Bank”), which expression shall, unless repugnant to the context, mean
and include its successors and assigns, of the One Part and
M/s.______________________________,________________________________
(hereinafter called “The Successful Bidder”) which expression shall unless repugnant to
the context or to the meaning thereof be deemed to include their heirs, executors,
administrators, successors and permitted assigns) of the OTHER PART.
The Bank and the Successful Bidder are hereinafter collectively referred to as
"Parties" and individually as Party-
A. Whereas the Bank intends to avail facility management Services for IDBI Bank Limited as per the requirements;
B. Whereas the Bank vide its RFQ Ref No-------------------- (the RFQ) had called for the bids for engagement of bidder providing facility management services for IDBI Bank Limited under outsourced model for the Bank and provide services as per the Scope of Work mentioned in the RFQ *Hereinafter referred to as “the Service(s)”+
C. Whereas the Successful Bidder has represented the Bank that it is engaged in the business of providing the Services and has all the requisite skills, expertise, experience and necessary facilitates/ manpower for providing/rendering/delivering the Service(s) to IDBI Bank
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D. Whereas the Successful Bidder has been selected by the Bank through a competitive bidding process for providing the Services to IDBI Bank.
E. Whereas IDBI Bank, relying upon the representations and warranties made
by the Successful Bidder, has accepted its bid for rendering/delivering the Service(s) as per the price (rates) quoted by the Successful Bidder in response to the RFQ (hereinafter called “the Contract Price”) and awarded the contract to provide the Services at IDBI Building, CBD Belapur, Navi Mumbai-400614 on the terms and conditions of RFQ and also the terms and conditions hereinafter appearing..
NOW, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND
BETWEEN THE PARTIES HERETO AS FOLLOWS:
A. In this Agreement words and expressions not specifically defined shall have the
same meanings as are respectively assigned to them in the RFQ.
B. The RFQ together with all Annexure, Schedules and Forms of RFQ amended from
time to time and this agreement, and the other related documents shall be
deemed to form and be read and construed as part of these presents
(Agreement / Contract). The Agreement supersedes any prior contract,
understanding or representation of the Parties on the subject matter.
C. In consideration of the payment of the Contract Price, in accordance and subject
to terms and conditions contained in RFQ, by the Bank to the Successful Bidder,
the Successful Bidder hereby agrees and covenants with IDBI Bank to
provide/render/deliver Services and to remedy defects, if any therein, strictly in
conformity in all respects with the provisions of the Agreement.
D. The Bank hereby agrees and covenants to pay the Successful Bidder in
consideration of providing Services and the remedying of defects, if any therein,
the Contract Price or such other sum as may become payable under the
provisions of the Contract at the times and in the manner prescribed by the
Contract.
It is hereby agreed by and between the parties as under:-
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1. The Successful Bidder agrees and undertakes to carry on all the jobs as per
Annexure “A”.
1A) The Successful Bidder at all times will ensure the following:
a) The personnel deputed at the work premises have adequate knowledge
and experiences of the work involved, and are punctual and disciplined in all
manners.
b) The person deputed by the Successful Bidder should not suffer from any
infectious disease and should be able-bodied person.
c) Replacement of personnel.
d) Adequate provision of reliever.
e) All personnel while on duty carry identity card provided by the Successful
Bidder.
f) Compliance of all the Laws, Rules and Regulations applicable.
g) Obtaining of permission or license from Competent Authorities, if and where
applicable.
h) Implementation of various functions listed under the title „Scope of Services‟
with proper supervision.
i) To permit the Bank to hold or deduct the amount from bill for non-performance
or part performance or failure to discharge obligations under this Agreement.
j) Peaceful removal of personnel on expiry of contract with the Bank or on
termination of the Contract and handing over the charge.
k) To ensure that all his personnel report for duty only in full uniform.
l) To ensure that none of his personnel report for duty in drunken state or
consume drugs, prohibited substances, smoke, etc., while on duty.
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m) To ensure that his personnel are courteous towards staff and officers of the
Bank, its Customers, visitors and guests at all times.
1B) NUMERICAL STRENGTH OF PERSONNEL
The number of personnel to be deputed by the Successful Bidder at the Bank /
work premises and their minimum hours of work, days of work and shift schedule will be
solely decided by the Successful Bidder. However the Successful Bidder shall ensure that
at all times sufficient number are available for duty in the Bank’s premises.
2. For carrying out the said jobs the Successful Bidder will be paid by the Bank
charges the details of which are as shown in Annexure “B”. The Successful Bidder will
submit his bill/ invoice within 2 days of the next month and payment will be made
through NEFT.
3. The Successful Bidder shall comply with the provisions of all Labour Laws, which
are applicable to “the Successful Bidder” or his employees and shall be solely
responsible for liabilities arising out of such compliance, non-compliance or
implementation or non- implementation. The Successful Bidder will furnish proof of
compliance of all Labour laws requirements including obtaining licenses, filing of
monthly/quarterly and annual returns and any other statutory requirement within 15
days from the due date and furnish calculations and proof of payments made to all
government/Statutory Authorities under PF, ESIC, Labour Welfare Fund Act, Payment of
Bonus Act, etc. within 10 days of the statutory time limit allowed under the respective
Acts.
4. The Successful Bidder shall indemnify the Bank from all liabilities arising out of
any payment made by the Bank to Government (Central/State, Semi-Government)
statutory authority or any payment made under any statute/notification of the
Government (Central/State) or statutory authority in respect of his employees or in
respect of any claims made by the Successful Bidder’s employees against the Bank. The
Successful Bidder shall also indemnify the Bank from all liabilities arising out of
poor/unsatisfactory performance of its employees made by the clients on the Bank.
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5. It is clearly understood that the Successful Bidder’s employees shall not have any
employee-employer or master-servant relationship with the Bank.
6. The Successful Bidder shall be responsible for all acts done by the Workmen /
Employee engaged by him and for maintenance of proper discipline by his workmen /
employee at the premises of the Bank. The Successful Bidder shall also be responsible
for maintenance or proper records as required under the provisions of various Labour
Laws applicable to the Successful Bidder and contract employees.
7. In the event, any damage is caused to the movable or immovable property of the
Bank or its client or to the property of the employees of the Bank, the Bank reserves the
right to compute the damage in terms of money and to deduct the money from the bill
of the Successful Bidder or from the amount payable to the Successful Bidder by the
Bank and the remaining amount, if any, by way of civil damages.
8. The Successful Bidder agrees and covenants not to use the Trademark and/or
trade name of the Bank or letterheads of neither the Bank nor the Successful Bidder will
hold himself as an agent of the Bank. The relationship between the Successful Bidder
and the Bank being a principal to principal basis.
9. The Successful Bidder shall not use the Bank’s address on his
letterhead/stationery for purposes of Registration with any Government/Local Body or
any other Company or person and no tenancy shall be created by the presence of his
workmen / employee on the Bank’s premises
10. The Contract is valid for a period of months commencing from or such period
as intimated to the Successful Bidder at least 15 days in advance and thereafter it will
come to an end by afflux of time unless it is renewed in writing by the parties. The above
period can be extended on mutually agreed terms.
11. During the above period of Contract, IDBI Bank shall have the right to terminate
this agreement, without assigning any reason whatsoever, by giving 30 days previous
notice in writing to Successful Bidder in the following instances:
CPU – BELAPUR, NAVI MUMBAI
54
a) Failure by the Successful Bidder to meet deadlines for performance of services or
failing to meet the standards required by the Bank in the performing of services;
b) Insolvency or bankruptcy of the Successful Bidder; and
c) Change of ownership of the business of the Successful Bidder
Also, in the event of instances of unsatisfactory service, gross misbehavior, theft,
burglary, moral turpitude, misuse of the Bank’s premises etc. by the Successful Bidder or
by any staff of the Successful Bidder, the Bank may forthwith/instantly terminate this
contract without any previous notice or showing any reason whatsoever to the
Successful Bidder and the Successful Bidder shall have no claim whatsoever against the
Bank or any of its Officers in consequence of such termination. The Security Deposit
kept with Bank will automatically stands forfeited under such circumstances without any
further correspondence/intimation in the matter.
12. On termination and/or determination of this agreement, as aforesaid, the
Successful Bidder shall forthwith withdraw/remove himself and his employees, without
assigning any reason.
13. Successful Bidder will not cede any of its rights or delegate or assign any of its
obligations in terms of this agreement without the prior written consent of the Bank.
14. The Successful Bidder guarantees that it has competence t to carry out the
services which Successful Bidder has undertaken in this Contract. Any material
misrepresentation shall lead to summary termination of this Agreement.
15. The Successful Bidder acknowledges that during the relationship with the Bank,
the Successful Bidder may become familiar with its confidential information including
commercial and technical secrets and / or the confidential information of clients of the
Bank.
16. The Successful Bidder consequently agrees that during the period of performing
services and subsequent thereto, the Successful Bidder will not disclose to others or
make use of directly or indirectly, any confidential information of the Bank or
confidential information of a client of the Bank or of others who have disclosed it to the
CPU – BELAPUR, NAVI MUMBAI
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Bank under conditions of confidentiality, unless for a purpose authorized by the Bank. If
there is any doubt about whether any disclosure or use is for an authorized purpose, the
Successful Bidder is to obtain a ruling in writing from the Bank and is to abide by it.
17. The Successful Bidder shall take reasonable security precautions to keep
confidential all information deemed confidential and shall not make unauthorized
copies. He / she further undertakes to notify the Bank immediately upon discovery of
any unauthorized use or disclosure of confidential material and shall assist the Bank in
regaining of such material and mitigating the loss to the Bank there from.
18. For the purpose of this clause, confidential information will be deemed to extend
to all confidential technical and commercial information, including, but not limited to
the contents of reports, specifications, quotations, formulae, computer records, client
lists, price schedules, customer lists, customers and the like.
19. Inspection/ Audit
(a) The Bank shall at all reasonable times have access to any site where the
Successful Bidder are performing any of the Services and such person shall have the
right to inspect such performance and all documentation related thereto and to make
and retain copies of the aforesaid documentation.
(b) The Successful Bidder shall be required to keep complete and accurate records
of all the operations and expenses in connection with the Services provided to the
Bank. All such records shall be kept on file by the Successful Bidder for a minimum
period of 3 (three) years from the date of the transaction. However the Bank may
consider taking over the records from the Successful Bidder from time to time at its sole
discretion.
(c) The Successful Bidder shall, co-operate with the Bank’s, internal or external
auditor to assure a prompt and accurate audit. The Successful Bidder shall also co-
operate in good faith with the Bank to correct any practices which are found to be
deficient as a result of any such audit within a reasonable time after receipt of the
Bank’s audit report. Such audits or reviews will be at the expenses of the Bank.
However, if the audit discovers discrepancies or overcharges, then upon completion of
CPU – BELAPUR, NAVI MUMBAI
56
such audit or review, the Successful Bidder shall be bound and liable to reimburse to the
Bank such discrepancies or overcharges and for the cost of the audit.
20. Compliance with RBI and other Regulatory requirements
The Bank / Successful Bidder shall individually obtain the necessary regulatory
and statutory approvals from the RBI or other regulatory/statutory bodies, if any
required, for the Services . Any demand for information regarding any of the matters to
the extent mutually agreeable under this Agreement called for by the RBI or any other
regulatory body shall be promptly responded to by the concerned Party. The Successful
Bidder undertakes to comply all the statutory and regulatory requirements under the
Applicable Laws in connection with the Services including Labour and Industrial Laws. All
RBI guidelines on outsourcing shall post-facto form integral part of this Agreement and
should be read as forming part of this Agreement and the Agreement will stand
amended to be in conformity with RBI guidelines or guidelines applicable issued by any
other Regulator.
21. Statutory Requirements and Right of inspection by RBI
a) The Agreement will be executed by abiding laws and the directive, instructions,
guidelines issued by the Regulators (including RBI) and competent authority from time
to time. During the tenure of the Agreement nothing shall be done by the Successful
Bidder in contravention of any law, act and/ or rules/regulations, there under or any
amendment thereof governing inter-alia customs, foreign exchange, etc., and shall keep
the Bank, its directors, officers, employees, representatives, agents and consultants
indemnified in this regard.
b) During the tenure of the Agreement, Reserve Bank of India (RBI) or one or more
of its officers or any person authorized by it shall have the right to inspect the books and
account of the Successful Bidder including but not limited to the documents provided by
the Bank, record of transactions, and other necessary information given to, stored or
processed by the Successful Bidder within a reasonable time. The Successful Bidder shall
preserve the information, documents and records in accordance with the legal,
statutory, regulatory obligations as per applicable laws.
CPU – BELAPUR, NAVI MUMBAI
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c) The Successful Bidder shall ensure that it has a contingency plan in place for its
business continuity by having a robust framework for documenting, maintaining and
testing business continuity and recovery procedures. The same shall be periodically
tested by the Successful Bidder. The Bank may also consider occasional joint testing and
recovery exercise with the Successful Bidder.
22. In case of any dispute or difference arising out of or under this agreement, the
same shall be referred to the arbitrator appointed by the Bank.
ADDRESS FOR THE PURPOSE OF SERVICE: All communications between the Bank and
Successful Bidder shall be deemed to have effectively served if addressed to the
following Address:
ADDRESS OF BANK: Deputy general Manager,IDBI Bank Ltd, Annex Building, 3rd floor, Plot No. 39/40/41, Sector 11, CBD Belapur, Navi Mumbai- 400614 ________________________________________________________________________
ADDRESS OF SUCCESSFUL BIDDER: ____________________________________
______________________________________
Any change in the above address of either of the party shall be intimated to the
other party in writing within seven days of such change either by Hand Delivery or by
Reg. A.D. If no such change is intimated, service at the above address will be deemed as
proper service.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE HEREUNTO SET AND
SUBSCRIBED THEIR HANDS AND SEALS THE DAY AND YEAR ABOVE WRITTEN.
CPU – BELAPUR, NAVI MUMBAI
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Signed, sealed and delivered by the within
Named
FOR IDBI BANK LTD.
( )
Signed, sealed and delivered by the within
Named
FOR ______________________________
( )
ANNEXURE – A
List of jobs/services to be carried out by the Successful Bidder
1. Sorting, unpacking and packing items of preprinted stationery being received from
vendors.
2. Packing and dispatching of pre-stationery items on daily basis which are supplied to
PAN India Branches.
3. Assisting in stuffing of stationery in preparation of Welcome Kit on daily basis.
4. Shifting security stationery items from stationery team to dispatch team on daily
basis.
5. Sorting-storing of various documents in boxes in RPU, I-net ops, Retail Asset
Operations where processing happens in bulk quantity.
6. Shifting of courier packets from various departments to central dispatch team.
7. Helping Dispatch team for sorting of envelopes, etc.
8. Helping in shredding of materials, sorting-storing of various documents for Card
Operation team, stuffing of envelopes with cards and other inserts.
9. Sorting, numbering boxes for daily dispatch to warehouses in Mahape and Bhiwandi.
10. Shifting of stationery items of various departments to central storage space and vice
versa.
11. Assist retail asset operations team in preparation of dispatch envelopes (stuffing,
pasting, making entry of envelopes prepared)
CPU – BELAPUR, NAVI MUMBAI
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12. Messenger services at HO, vendors or regulatory organizations, storage
warehouses, etc.
13. Serving tea and water to all the officers two times per day to nearly 600 persons.
14. Helping in setting up of lunch and serving when caterer delivers lunch to premises.
15. Critical stationery items like account opening forms, Passbooks , Deposit slips, FD
receipts, etc. Nearly more than 100 Varieties of stationery items are stored in the
basement area of 5000 sq ft. On daily basis, when branches place their indent for supply
of stationery, the items are packed, weighed and dispatched from CPU basement
through various couriers to branches PAN India. The daily activity performed in the
basement are stacking of stationery items received in bulk quantity , segregating
stationery as per branch requirement, packing, weighing and labeling courier-wise. On
an average daily 200 packets of 10-15 kgs are being prepared. The same storage will
now be recreated in the basement of Belapur premises requiring movement of big /
heavy parcels on a daily basis through stairways to dispatch section of the neighbouring
Annex Building requiring support services.
16. The dispatch section handles inward / outward mail of CPU, RPU, RAO. On a daily
basis nearly 5000 packets are processed for all departments in CPU. Services from the
vendor are required in two shifts for sorting of inward / outward in bulk quantity with
the same day TAT.
17. On a daily basis there are average 1000 welcome kits prepared and sent to various
branches PAN India. Assistance is required for stuffing of collaterals, inserts, labelling
and sealing of envelopes.
18. In Capital Market Operations, assistance is required for retrieval of files from
storage space, messenger services for sending letters to NSDL / CDSL / SEBI / Corporate
Office, etc.
ANNEXURE – B
Particulars of Successful Bidder’s charges
Area per Sq. Feet =
Rate per Sq. Feet per month = NOT TO BE WRITTEN HERE
Charges payable per month =NOT TO BE WRITTEN HERE
CPU – BELAPUR, NAVI MUMBAI
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ANNEXURE IX
Deed of Indemnity
(To be submitted by the Successful Bidder) On Rs. 500/- Stamp Paper
This Deed of Indemnity executed at Mumbai on the ______ day of _______ by
________________________________________<insert name of the Successful Bidder>
(hereinafter referred to as “the Obligor” which expression shall unless it be repugnant to
the context, subject or meaning thereof, shall be deemed to mean and include
successors and permitted assigns);
IN FAVOUR OF
IDBI Bank Limited, a company registered and incorporated under the Companies
Act, 1956 (1 of 1956) and a banking company within the meaning of section 5 (c) of the
Banking Regulation Act, 1949 (10 of 1949) having its registered office at IDBI Tower,
WTC Complex, Cuffe Parade, Colaba, Mumbai – 400 005 (hereinafter referred to as
“Bank” which expression shall, unless it be repugnant to the subject or context or
meaning thereof, be deemed to mean and include its successors and assigns)
Now, the Bank and Successful Bidder wherever the context so permits, shall hereinafter
collectively refer to as the “Parties” and individually as a “Party”.
WHEREAS
1) The Obligor has
a) offered to supplying general stationery items, paper items, pre-printed
stationery items and Computer Consumables (“Services”)as inclusively stated
under sections Scope of Work /Serrvice Level Expectations;
b) Represented and warranted that they have obtained all permissions,
consents, licenses, registrations, confirmations, approvals from all
authorities, both regulatory and non-regulatory, including statutory or
otherwise, local, municipal, governmental, quasi governmental, as are
required under Applicable Laws for executing the Services to the Bank and
also represented and covenanted that all above approvals shall remain in
force during contract period;
c) Represented and warranted that the aforesaid Services offered to Bank do
not violate any provisions of the applicable laws, regulations or guidelines
including legal and environmental. In case there is any violation of any law,
rules or regulation, which is capable of being remedied the same will be got
remedied immediately to the satisfaction of Bank;
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d) Represented and warranted that they are authorized and legally eligible and
otherwise entitled and competent to enter into such contract(s) with Bank;
2) Bank, relying and based on the aforesaid representations and warranties of the
Obligor, has agreed to avail the services of the Obligor on the terms and
conditions contained in its Contract dated ____________________ (the Contract)
with the Obligor;
3) One of the conditions of the aforesaid Contract is that the Obligor is required to
furnish an indemnity in favor of Bank indemnifying the latter against any loss,
damages or claims arising out of any violations of the applicable laws, regulations,
guidelines during the execution of its services to Bank over the contract period as
also for breach committed by the Obligor on account of misconduct, omission and
negligence by the Obligor.
4) In pursuance thereof, the Obligor has agreed to furnish an indemnity in the form
and manner and to the satisfaction of Bank as hereinafter appearing;
NOW THIS DEED WITNESSETH AS UNDER:
In consideration of Bank having agreed to award the aforesaid contract to the
Obligor, more particularly described and stated in the aforesaid Contract, the Obligor do
hereby agree and undertake that:
1. The Obligor shall, at all times hereinafter, save and keep harmless and indemnified
Bank, including its respective directors, officers, and employees and keep them
indemnified from and against any claim, demand, losses, liabilities or expenses of
any nature and kind whatsoever and by whomsoever made in respect of the said
contract and any damage caused from and against all suits and other actions that
may be instituted taken or preferred against Bank by whomsoever and all losses,
damages, costs, charges and expenses that Bank may incur by reason of any claim
made by any claimant for any reason whatsoever or by anybody claiming under
them or otherwise for any losses, damages or claims arising out of all kinds of
accidents, destruction, deliberate or otherwise, direct or indirect, from those arising
out of violation of applicable laws, regulations, guidelines and also from the
environmental damages, if any, which may occur during the contract period.
2. The Obligor further agrees and undertakes that the Obligor shall, during the Contract
period, ensure that all the permissions, authorizations, consents are obtained from
the local and/or municipal, statutory, regulatory and/or governmental authorities, as
may be required under the applicable laws, regulations, guidelines, orders framed or
issued by any appropriate authorities.
3. The Obligor further agrees to provide complete documentation of all sub-systems,
operating systems, systems software, utility software and other software, they are
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having. The Obligor shall also provide licensed software for all software services,
whether developed by it or acquired from others for performing the obligations
under the Contract. The Obligor shall also indemnify and keep indemnified IDBI
against any levies / penalties / claims / demands litigations, suits, actions,
judgments, and or otherwise ion account of any default and or breach and or
otherwise in this regard.
4. If any additional approval, consent or permission is required by the Obligor to
execute and perform the Contract during the currency of the Contract, they shall
procure the same and/or comply with the conditions stipulated by the concerned
authorities without any delay.
5. The obligations of the Obligor herein are irrevocable, absolute and unconditional, in
each case irrespective of the value, genuineness, validity, regularity or enforceability
of the aforesaid Contractor the insolvency, bankruptcy, re-organization, dissolution,
liquidation or change in ownership of Bank or Obligor or any other circumstance
whatsoever which might otherwise constitute a discharge of or defense to an
indemnifier.
6. The obligations of the Obligor under this deed shall not be affected by any act,
omission, matter or thing which, would reduce, release or prejudice the Obligor
from any of the indemnified obligations under this indemnity or prejudice or
diminish the indemnified obligations in whole or in part, including in law, equity or
contract (whether or not known to it, or to Bank).
7. This indemnity shall survive the aforesaid Contract.
8. Any notice, request or other communication to be given or made under this
indemnity shall be in writing addressed to either party at the address stated in the
aforesaid Contract and or as stated above.
9. This indemnity shall be governed by, and construed in accordance with, the laws of
India. The Obligor irrevocably agrees that any legal action, suit or proceedings arising
out of or relating to any this indemnity may be brought in the Courts/Tribunals at
Mumbai. Final judgment against the Obligor in any such action, suit or proceeding
shall be conclusive and may be enforced in any other jurisdiction, by suit on the
judgment, a certified copy of which shall be conclusive evidence of the judgment, or
in any other manner provided by law. By the execution of this indemnity, the Obligor
irrevocably submits to the exclusive jurisdiction of such Court/Tribunal in any such
action, suit or proceeding.
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10. Bank may assign or transfer all or any part of its interest herein to any other person.
Obligor shall not assign or transfer any of its rights or obligations under this
indemnity, except with the prior written consent of the Bank.
The words and expressions not specifically defined shall have the same meanings as are
respectively assigned to them in the Bid Document.
IN WITNESS WHEREOF the Obligor has signed these presents on the day, month and
year first above written.
Signed and Delivered on behalf of ) ( ___________________ ) by the hand of ___________________,) _________, the authorized official )
of the Obligor )
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Financial Bid
Area per Sq. Feet =
Rate per Sq. Feet per month =
(In words)
Charges payable per month =
(In words)