Empanelment of Institutions / Training Agencies · Baroda Corporate Centre, BST, BKC, Mumbai –...

Research, Training & Development Department CONFIDENTIAL Baroda Corporate Centre, BST, BKC, Mumbai – 400 051

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Empanelment of Institutions / Training Agencies

PART A - INSTITUTIONS

EXPRESSION OF INTEREST

Bank of Baroda invites expression of interest from experienced training institutions for carrying out various training activities in the Bank. The training activities would focus mostly on leadership roles and styles, strategy formulation for its top executives. Expression of interest may be submitted as per the schedule given below: The last date for submission of EOI :2nd March, 2015 up to 5.00 PM (Along with technical and financial bid) : Processing of Technical Bids (TB) : 3rd March, 2015, 11.00 AM Presentations from eligible parties : 9th March, 2015, 10.30 AM

Opening of Financial Bids (FB) on : 10th March, 2015 3.00 PM

SALIENT FEATURES OF EMPANELLING TRAINING INSTITUTIONS

Bank of Baroda is desirous of empanelling reputed Training Institutions having relevant experience and expertise in taking sessions for its senior and top executives for leadership roles/strategic intent etc or as per the perceived need on a year to year basis after due diagnostic study. Some of the Programmes that Bank regularly conducts are:

1) Advanced Leadership Development Programme for the top executives under

scale VI & VII (6 days)

2) Executive Development Programmes for senior executives under Scale V

(6 Days)

The selection of the Training Institutions will be based on the EOIs submitted by them along with both (Technical Bids) TB and (Financial Bids) FB on or before 2nd March, 2015 up to 5.00 P.M. The EOI along with TB and FB in a separate sealed envelopes may be sent to The General Manager & Chief Learning Officer (Research, Training & Development) at his office latest by 5.00 PM on 2nd March, 2015 at Bank of Baroda, Baroda Sun Tower, 5th Floor, C-26, G Block, Bandra Kurla Complex, Bandra (East) Mumbai 400051. EOIs submitted later than the date and time specified above and/or submitted without the TB and FB in separate sealed envelopes will be rejected without assigning any reason and the Bank will not entertain any correspondence in this regard. Any delay in submission due to postal/transit delay does not entail such EOIs for any consideration and it is the sole responsibility of the applicants to ensure to submit the EOI along with TB & FB within the time specified as above.

A. Eligibility Criteria:

The Institutions should be involved in Research / Consultancy activities apart from the regular training programmes with a proven track record. They should be visible on the national training landscape with experience of atleast 10 years.

Institutions should have conducted training with atleast two Public Sector Banks / Organizations.

Must have expertise in carrying out TNA / diagnostic study and design programmes accordingly.


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Must have a campus with full residential facilities, with back-up for transport facilities and other learning related amenities.

The Institution has a qualified and trained team of faculties with established credentials who can carry out diagnostic study on behalf of the Bank and customize programmes thereafter.

Class room quality and teaching aids should be of international standards besides capabilities to handhold trainees for the post-training feedback, evaluation and follow-up.

The application should contain data on the number of programmes conducted, number of trainees and number of faculties (discipline wise) for the last 3 years.(Annexure A)

Institutions should be well connected with airports i.e., within a radius of 50 km from the campus.

B. Process of Selection: 1) Applicants will have to submit expression of interest along with Technical and

Financial bids. The EOI response documents should be submitted in paper copies in two sets (Original Set and Duplicate Set) and each set should contain one copy of the following:

(i) A sealed envelope containing Technical Bid (TB) documents superscribed

“TECHNICAL BID FOR EMPANELMENT AS TRAINING INSTITUTION FOR: A): Advanced Leadership Development Programme for the top executives under scale VI & VII (6 days) and/or B): Executive Development Programmes for senior executives under Scale V (6 Days) “

(ii) Second sealed envelope containing Commercial Bid documents superscribed

“COMMERCIAL BID FOR EMPANELMENT AS TRAINING INSTITUTION”

The two envelopes should be put together in an envelope to constitute one set. Each set should be packed in an envelope superscribing “EMPANELMENT AS TRAINING INSTITUTION FOR BANK OF BARODA”

The proposal should be prepared in English in MS Word/Excel format. The e-mail address and phone/fax numbers of the Bidder should also be indicated on the sealed envelopes.

All correspondence will be in English. The Bid shall be typed in indelible ink and shall be signed by the Bidder or a person or persons duly authorized to bind the Bidder to the contract. The person or persons signing the Bids shall initial all pages of the Bids. Any inter-lineation, erasure or overwriting shall be valid only if they are initialed by the person signing the Bids. The Bank reserves the right to reject the Bids not conforming to the above.

2) They will have to specify the training types as mentioned above vide 1(i) for which Institutions intend to apply for on the top of the envelope. They could apply for one or both types. However, the envelope should super scribe the names of the Programme interested in and the category i.e., “Institutions (Part A)” Alternatively, a covering letter with the envelop indicating the programmes applying for could be mentioned.

3) Technical bids shall be opened on 3rd March, 2015 at 3.00 PM. in presence of applicants, if present.


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4) Applicants short listed based on technical bids will be called for giving presentation before the Committee of General Managers on 9th March, 2015 from 10.30 AM onwards. Each applicant will be allotted a slot of 45 minutes for presentation.

5) Financial bids for the short listed parties, after the presentation is over, will be opened on preferably the same day, if the time permits. Else, the next day of the completion of the Technical bid evaluation in presence of the applicants / representatives. (as per Annexure G)

6) Committee of General Managers based on the presentation and commercial bids will short list and will recommend the names for empanelment of Training Agencies.

7) The Bank will negotiate Financial Bids from the empanelled Training Institutions once the names are recommended by the Committee.

Quotes (FB) for the training category listed above could be summarized in a table with the table as under and as at Annexure G:

Name of the Programme Rates Per day for a batch of 25-30 in INR

C. Evaluation Criteria:

A weightage of 60 is envisaged on Technical Bid and 40 on Financial Bid. Thus, out of 100 under technical evaluation 60% will be considered. Parameters for technical Bid and the marks allocation for evaluation is as under: C.1 Evaluation of Technical Bid The technical bids will be evaluated first. The evaluation of functional and technical capabilities of the applicants of the current EOI invitation will be completed as per the following guidelines: C.1.1 Technical Evaluation Criteria I) Fulfillment of basic eligibility criteria:

First, the technical bid documents will be examined from the eligibility criteria angle. Applicants who fulfill the eligibility criteria / conditions with credentials and experience as mentioned under eligibility criteria vide para A above. Their bids only will be taken up for further evaluation/selection process who qualify on the eligibility criteria. No deviation from the stated eligibility criteria shall be entertained.

II) Short listing of the firms based on their technical proposals:

Short listing of firms will be resorted to if the number of eligible bidders is more than 10. This short listing will be broadly based on:

Size of the firm’s training business Past experience of the applicants in the field of training, including

number of years of experience Past experience of the applicant in terms of number of training

assignments undertaken for Banks and FIs, of whom number of such assignment in PSU banks and FIs in India


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Quality and strength of resources (Number of trainers, having experience of training employees of PSU banks and FIs, number of training centres (owned or hired), number of locations in which the agency can conduct training across India, other facilities provided)

Research and consultancy experience Proximity to the Airport

Note: The selected applicants will be required to provide reasonable proof with respect to each of the above criteria and credentials.

The selection committee will short-list maximum 5 firms, by deciding upon an appropriate cut-off and marking based on the above parameters and also based on the fully matched criteria and paper evaluation based on the technical responses submitted.

If the number of eligible bidders is less than 10, the committee may, in its discretion, undertake the technical evaluation and scoring of all such eligible bidders without resorting to any short listing process.

C.1.2 Evaluation and scoring of the technical proposals

The committee shall then undertake a full evaluation of the shortlisted firms on the specific design and implementation plan proposed, experience and credentials, resources and infrastructural capabilities, etc. and shall assign a score out of 100 to each such shortlisted applicant on their technical proposals. The committee can also call any of the shortlisted applicant on a scheduled date and time before the selection committee for any clarifications or additional information that it may require.

The committee while awarding scores on the technical proposals will reflect and evaluate the technical competence and capability of the applicant in carrying out the assignment.

A maximum of 100 marks will be allocated for the technical Bid. The technical scoring of the proposals will broadly be on the following criteria:

1. Experience of the Institution / Firm (30 marks)

Experience in conducting large scale training assignments including in the public sector domain

Experience of conducting training in Banks and financial institutions in India, particularly in public sectors banks.

Experience of conducting soft skills/behavioural training Research/Consultancy track record of the Institution/Firms

2. Appreciation of context, proposed design and methodology (30 marks)

Quality of understanding of the context and need for large scale training for senior executives.

Design and schedule of the training programmes proposed to address the Bank’s requirements

Training methodology proposed to cater to the various areas to be covered in the programmes and enable better learning

Activities/tasks/initiatives proposed in the training programmes and their suitability to address the Bank’s perceived requirements

Project planning, resource planning effort estimate, plan roll-out, etc.

3. Availability/suitability of resources, infrastructural capabilities (40 marks)

Number and quality of trainers / resources to handle such training Capability to carryout diagnostic study / Training Need Analysis Relevant experience of the trainers / resources Infrastructural capabilities including venues, technology hardware,

software, accommodation, transport etc


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Post-training support for execution of learning, follow-up, feedback submission to the Bank

Any special learning take away / features for the participants the Institute would like to highlight, if any.

Distance from the Airport (not more than 50 KM)

At the sole discretion and determination of the Bank, the bank may add any other relevant criteria for evaluating the proposals received in responses to the current EOI/RFP. Bank may, at its sole discretion, decide to seek more information from the respondents in order to normalize the bids. However, respondents will be notified separately, if such normalization exercise as part of the technical evaluation is resorted to.

C.1.3 Stages of technical evaluation

In brief, the various stages of technical evaluation are as under:

Full matching of the eligibility criteria as indicated under Para A above. Short-listing of the Applicants based broadly on prior experience, credentials and

quality of resources, if number of eligible bidders is more than 10.

Arriving at the final score, on technical proposal of the short-listed firms after evaluation by Bank’s selection committee , which will broadly be based on the following :-

o Experience of the bidder in undertaking training of similar nature in Banking domain

o Appreciation of context, proposed design and methodology o Availability / suitability of resources, infrastructural capabilities

Bidders scoring less than 60 marks (cut-off score) out of 100 marks in the technical evaluation, shall not be considered for the selection process and will not be considered as qualified. Once the evaluation of technical proposals is completed, the bidders who score equal to or more than the prescribed cut-off score will be considered for opening of their commercials bids.

In case there is only one bidder having technical score of 60 or more, the bank may, at its discretion also consider the next highest technical score with minimum score of 50. In case, none of the participating bidders qualify on technical criteria and reach or exceed the cut-off score of 60, then Bank, at its sole discretion, may qualify two bidders on the basis of the top 2 scores with a minimum score of 50.

C.2 Commercial Bid Evaluation

The commercial proposals of only those technically short-listed bidders who attain the minimum cut-off marks in their technical score will then be opened. It may be noted that commercial bids will be subjected to following evaluation process.

Based on the technical evaluation criteria, each Bidder will be given certain marks. Only those bidders scoring 60% (60 marks out of 100) or above in the technical evaluation will be considered for commercial evaluation, except in those cases where only 1 bidder or no bidder scores more than the cut-off score of 60 and the bank at its sole discretion qualifies the next highest bidder / 2 bidders with score below the cut-off of 60 but with a minimum score of 50, as per C.1.3 above. In such an eventuality, the commercial bid of such bidder / 2 bidders who have scored less than the cut-off score of 60 but who have, at the discretion of the bank, been qualified in the technical evaluation, shall be opened.

Commercial bids of other firms will be returned unopened.


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The commercial Bid will be on per day basis which will remain same for the entire assignment period for 1/3 years. The financial quote should be in Indian rupees and it should include all expenses proposed other than taxes. The nominal quote provided by the bidder whose technical bid qualifies will be discounted with appropriate weightages, relative to the “Least Price / Least Quote” as per the formula given vide para C.3 below.

C.3 Combined Techno-commercial evaluation:

In respect of all the qualified applicants, in whose case, the commercials bid have been opened; a combined techno-commercial evaluation will be done by the bank as per the following procedure:

A combined “Score (s)” will be arrived at after considering the nominal commercial quote and the marks obtained in technical evaluation with relative weights of 40% for Commercial and 60% of Technical. The combined evaluation shall be made by applying weightages of 60 and 40 for technical and commercial scores according to the following formula:

Tech score of A Lowest Financial Bid

Combined score of A = 60* [--------------------------] + 40*[--------------------------------]

Highest Tech Score Financial Bid of A

On the basis of the above combined weighted score, the bidders shall be ranked in terms of the total combined score obtained. The applicant with the highest combined score (H-1) will be declared successful and shall be recommended for award of the contract / empanelment. After the identification of the successful bidder, the bank will follow the internal procedure for necessary approvals and thereafter process with notification of award of contract.

Example:

S.No. Bidder Technical Evaluation Marks (T)

Nominal Bid Price (_C)

(C-Lowest / C) *40

(T/T-Highest) *60

Score (S)

Out of 100

1 ABC 95 71 33.80 60.00 93.80

2 XYZ 85 65 36.92 53.68 90.61

3 UVW 80 60 40.00 50.53 90.53

In above example, ABC with the highest score (H-1) becomes the successful bidder.

D. Other conditions with respect to empanelment:

1) Empanelment will be valid for one year from the date of approval of panel by the

bank. However, Training Institutions’ continuity would be subject to the satisfactory performance. Satisfactory performance would be evaluated based on feedback from the Trainees and Bank’s objective evaluation based on course design, methodology adopted and the relevance of the programme. It will be evaluated by the Bank from time to time and the decision of Bank shall be final.

2) Bank may engage Training Institutions from time to time for all or any one or

more of the aforesaid programmes on a negotiated fee to be decided after the short listing. Further, Bank may entrust any such work to any of the empanelled Training Institutions in the panel and no right would exist to an empanelled


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Institution to claim that they alone should be entrusted with the Bank’s work despite given earlier.

3) Bank has the sole right to accept or reject bid of any of the Training Institution

at its discretion without assigning reason/explanation for such act.

4) Empanelment does not entitle the Training Institution assignment of job or contract and/or inclusion of their name in the future empanelment. Engagement of Training Institutions for any job shall be need based.

5) Items enlisted under the head “Selection Process or Scope” are not exhaustive

and are only indicative. Bank may add or delete or modify the said item/s based on its requirement. Any such inclusions or deletions and/or modifications shall be executed in consultation with Bank’s personnel identified for the purpose/ connected with the activity.

6) Bank may amend / alter any of the terms and conditions of empanelment of

Training Institutions without giving prior notice and empanelled Training Institutions shall be bound by the same.

7) Each empanelled Institution will execute the following:

I. Non Disclosure Agreement (NDA).

II. Engagement Letter. III. Undertaking to freeze rates during the empanelment period. (Annexure

G)

E. GENERAL TERMS AND CONDITIONS

1) Term of assignment

The selected applicants under this EOI/RFP will be engaged for a period of 1 year for Institutions (Part A) and 3 years for Training Agencies/Individuals (Part B) and as mentioned in the above scope for training of designated executives / officers. During the assignment period, subject to completion of training assignment to the complete satisfaction of the bank and subject to the feedback received, Bank reserves the right to renew the contract for a further period and on such terms, as may be mutually negotiated and agreed to by the selected applicant/s and the bank at that point in time.

2) Adherence to Terms and Conditions

The applicants who wish to submit responses to this RFP should note that they should abide (in true intent and spirit) by all the terms and conditions contained in the RFP. If the responses contain any extraneous conditions put in by the respondents, such responses may be disqualified and may not be considered for the selection process.

3) Execution of Empanelment /NDA and Certificate of Originality

The selected applicant will be required to accept the letter of empanelment with terms and conditions stated therein which must include all the services and terms and conditions of the services to be extended as detailed in the scope and as may be prescribed or recommended by the Bank and (b) Non-disclosure Agreement (NDA). The selected applicant/s will be required to execute the same within one month from the date of notification in the website about the final selection of the applicant, on completion of the required processes as outlined in the EOI.

4) Other terms and conditions The Bank reserves the right to:

Reject any and all responses (bids) received in response to the RFP, in part or in full, and to cancel the evaluation process and reject all applications at any time prior


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to award of the contract, without thereby incurring any liability to the Applicants/Applicants or any obligation to inform the affected Applicant or Applicants of the grounds about the bank’s action or without assigning any reasons, whatsoever.

Waive or change any formalities, irregularities, minor infirmity, non conformity or inconsistencies in proposal format delivery or in the bid which does not constitute a material deviation.

To negotiate any aspect of proposal with any Applicant and negotiate with more than one Applicant at any time after the RFP closes to improve upon or clarify any response or bid proposal.

Extend the time for submission of all proposals. Select the most responsive Applicant (in case no Applicant satisfies the eligibility

criteria in totality).

Select the next most responsive Applicant if negotiations with the Applicant of choice fail to result in an agreement within a specified time frame.

Share the information/ clarifications provided in response to RFP by any Applicant, with any other Applicant(s) /others, in any form.

Cancel the RFP/EOI at any stage, without assigning any reason whatsoever.

5) PROFESSIONALISM

The selected Applicant should provide the services mentioned in the scope in the most professional, objective and impartial manner at all times and hold the Bank's interest paramount and should observe the highest standard of ethics, values, code of conduct, honesty and integrity while executing the assignment.

6) ADHERENCE TO STANDARDS

The selected Applicant should adhere to all the applicable laws of land and rules, regulations and guidelines prescribed by various regulatory, statutory and Government authorities. The Bank reserves the right to conduct an audit/ongoing audit/quality check of the trainings being provided by the selected Applicant at any point in time. The Bank reserves the right to ascertain information from the other banks and institutions to which the Applicants have rendered their services for execution of similar projects. The selected Applicant shall allow the Reserve Bank of India (RBI) or persons authorized by it to access the documents, records of transaction or any other information given to, stored or processed by the selected Applicant relating to this RFP, within a reasonable time failing which selected Applicant will be liable to pay charges/ penalty as levied by RBI. The selected Applicant shall allow the Reserve Bank of India to conduct audits or inspection of its Books and account with regard to the Bank or this RFP by one or more of RBI officers or employees or other persons duly authorized by RBI.

7) EXPENSES

Institutions to give a quote for Training Fees + Hostel Expenses + Other Expenses (all put together) in the Financial Bid vide Annexure G.

8) PAYMENT TERMS

Bank will release the payment of the agreed Professional Fees to the selected Institution/ Agency/ Individuals after deduction of applicable taxes at source, for which contract will be executed by the Bank with the empanelled Trainers. The payments will be scheduled in stages on completion of batches. No advance payment will be made.

9) NON PAYMENT OF PROFESSIONAL FEES

If any of the items/activities corresponding to which certain price as mentioned in the price Bid is quoted, are not taken up by the Bank during the course of this assignment, the Bank will not pay the professional fees quoted by the selected Applicant in the Price Bid against such activity/item.

10) CHARGES TERMS


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By submitting the FB for Training, the Applicant will be deemed to have accepted all the terms and conditions mentioned in the EOI / RFP document. The rates quoted by the applicants shall be adequate to complete the assignment according to the specification and conditions attached thereto. The Applicant should take into account all conditions and difficulties that may be encountered during the course of assignment and quote the amount, which shall include agreed professional fee/ contract amount with taxes, royalties, VAT and other duties and the value and all details of other facilities and services necessary for proper completion of the assignment, except such as may be otherwise provided in the contract document for completion of the assignment. The TDS amount on prevailing rate and work contract tax etc. shall be deducted from running account/Final bills. Necessary certificates shall be issued to the Agency by the Bank. Service tax payable on the payment of contract amount will be borne by the bank.

11) SINGLE POINT OF CONTACT The selected Applicant will have to provide details of single point of contact viz. name, designation, address, e-mail address, telephone/mobile no., etc. of the project manager who will be dedicated for this project and shall be the single point of contact for the Bank for all purposes related to this assignment. Escalation matrix should also be provided with full details.

12) APPLICABLE LAW AND JURISDICTION OF COURT The Contract with the selected Applicant shall be governed in accordance with the Laws of India for the time being enforced and will be subject to the exclusive jurisdiction of Courts at Mumbai.

13) PENALTY AND LIQUIDATED DAMAGES

(a) If the selected Applicant fails to complete the due performance of the contract in accordance with the specifications and conditions agreed during the final contract negotiation, the Bank reserves the right to recover penalty as a percentage of the contract value for non-performance / delayed performance / for the costs in respect of the uncovered trainings. (b) Notwithstanding what so ever stated in para 14 (a) above, if the selected Applicant fails to adhere the time schedule or fails to complete the due performance of the obligations under this EOI as per Bank’s satisfaction, then the Bank can repudiate the contract and recover 10% of the contract valve as Liquidated Damages from the selected Applicant. (c) The Penalty and Liquidated Damages as mentioned above shall be independent to each other and will be levied separately or jointly as the case may be as per discretion of the Bank. Penalty and Liquidated Damages are not applicable for reasons attributable to the Bank and Force Majeure. However, it is the responsibility of the Applicant to prove that the delay is attributed to the Bank or Force Majeure. The Applicant shall submit the proof authenticated by the Applicant and Bank’s official that the delay is attributed to the Bank or Force Majeure along with the bills requesting payment. If the delay is attributable to the Bank, or Force Majeure, or any other circumstances beyond the control of the selected Applicant,, then the bank will extend the period of contract to the extent of delay without charging any Penalty / Liquidated Damages.

14) FORCE MAJEURE Any failure or delay by selected Applicant or Bank in the performance of its obligations, to the extent due to any failure or delay caused by fire, flood, earthquake or similar elements of nature, or acts of God, war, terrorism, riots, civil disorders, rebellions or revolutions, acts of governmental authorities or other events beyond the reasonable control of non-performing party, is not a default or a ground for termination. The affected party shall notify the other party within reasonable


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time period of the occurrence of a Force Majeure Event.

15) AUTHORIZED SIGNATORY The selected Applicant shall indicate the authorized signatories who can discuss and correspond with the Bank, with regard to the obligations under the contract. The selected Applicant shall submit at the time of signing the contract, a certified copy of the resolution of their Board, authenticated by Company Secretary/Director, authorizing an official or officials of the company or a Power of Attorney copy to discuss, sign agreements/contracts with the Bank. The Applicant shall furnish proof of signature identification for above purposes as required by the Bank.

16) INDEMNITY

The Applicant shall indemnify Bank and keep indemnified for any loss or damage, cost or consequences that Bank may sustain, suffer or incur on account of violation of patent, trademarks, etc. by the Applicant. The Applicant shall always remain liable to the Bank for any Losses suffered by the Bank due to any technical error or negligence or fault on the part of the Applicant, and the Applicant also shall indemnify the Bank for the same. The total liability of the selected Applicant under this clause and contract shall not exceed the total contract value.

17) ERASERS OR ALTERATIONS:

The offers containing erasers or alterations may not be considered. There should be no hand written material corrections or alterations in the offer. Technical details must be completely filled up. Correct technical information of the services being offered must be filled in. Filling up of the information using terms such as OK, ACCEPTED, NOTED, AS GIVEN IN BROCHURE/MANUAL or any Special Characters such as -, “, @, _,# is not acceptable. The Bank may treat offers not adhering to these guidelines as unacceptable.

18) RIGHT TO REJECT BIDS

Bank reserves the absolute and unconditional right to reject any response to this RFP if it is not in accordance with its requirements and no correspondence will be entertained by the Bank in the matter. The bid is liable to be rejected if: o It is not in conformity with the instructions mentioned in this RFP document. o It is not properly/duly signed. o It is received through Telex / Telegram/ Fax/E-mail. o It is received after expiry of the due date and time. o It is incomplete including non-furnishing the required documents / information

as required in terms of this RFP. o It is evasive or contains incorrect information. o There is canvassing of any kind. o It is submitted anywhere other than the place mentioned under Section Process

of Selection B (-1)

19) ASSIGNMENT

Neither the contract nor any rights granted under the contract can be sold, leased, assigned, or otherwise transferred, in whole or in part, by the selected Applicant without advance written consent of the Bank and any such sale, lease, assignment or otherwise transfer shall be void and be of no effect. The selected Applicant shall not subcontract or permit anyone other than its personnel to perform any of the work, service or other performance required of the selected Applicant under the contract. Formation of consortium or association of firms and engaging sub consultants / agencies is not allowed and such proposals will be disqualified at the evaluation stage itself.


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20) NON – SOLICITATION

The selected Applicant, during the term of the contract and for a period of two years thereafter shall not without the express written consent of the Bank, directly or indirectly: a) recruit, hire, appoint or engage or attempt to recruit, hire, appoint or engage or discuss employment with or otherwise utilize the services of any person who has been an employee or associate or engaged in any capacity, by the Bank in rendering services in relation to the contract; or b) induce any person who shall have been an employee or associate of the Bank at any time to terminate his/ her relationship with the Bank.

21) NO EMPLOYER-EMPLOYEE RELATIONSHIP

The selected Applicant or any of its holding/subsidiary/joint-venture/ affiliate / group / client companies or any of their employees / officers / staff / personnel / representatives/agents shall not, under any circumstances, be deemed to have any employer-employee relationship with the Bank or any of its employees/officers/ staff/representatives/ personnel/agents.

22) VICARIOUS LIABILITY

The selected Applicant shall be the principal employer of the employees, trainers, agents, contractors, subcontractors, etc., engaged by the selected Applicant and shall be vicariously liable for all the acts, deeds, matters or things, whether the same is within the scope of power or outside the scope of power, vested under the contract. No right of any employment in the Bank shall accrue or arise, by virtue of engagement of employees, agents, contractors, subcontractors etc., by the selected Applicant, for any assignment under the contract. All remuneration, claims, wages dues etc., of such employees, agents, trainers, contractors, subcontractors etc., of the selected Applicant shall be paid by the selected Applicant alone and the Bank shall not have any direct or indirect liability or obligation, to pay any charges, claims or wages of any of the selected Applicant ’s employees, agents, trainers, contractors, subcontractors etc. The selected Applicant shall agree to hold the Bank, its successors, assigns and administrators fully indemnified, and harmless against loss or liability, claims, actions or proceedings, if any, whatsoever nature that may arise or caused to the Bank through the action of selected Applicant ’s employees, agents, trainers, contractors, subcontractors, etc.

23) CANCELLATION OF CONTRACT AND COMPENSATION

The Bank would provide 30 days notice to rectify any breach/ unsatisfactory progress, if the selected Applicant commits a breach of any of the terms and conditions of the RFP/EOI. The Bank reserves the right to cancel the empanelment of the selected Applicant and recover expenditure incurred by the Bank in any of the following circumstances:

The Applicant becomes insolvent or goes into liquidation voluntarily or otherwise

An attachment is levied or continues to be levied for a period of 7 days upon

effects of the bid

The progress regarding execution of the contract, made by the selected

Applicant is found to be unsatisfactory.

If deductions on account of Penalty exceeds more than 10% of the total contract

price.

If the selected Applicant fails to complete the due performance of the contract in

accordance with the agreed terms and conditions.

No response for consecutive 3 assignments will lead to termination from the

empanelment.


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After the award of the contract, if the selected Applicant does not perform satisfactorily or delays execution of the contract, the Bank reserves the right to get the balance contract executed by another party of its choice by giving one month’s notice for the same. In this event, the selected Applicant is bound to make good the additional expenditure, which the Bank may have to incur to carry out for the execution of the balance of the contract. This clause is also applicable, if for any reason, the contract is cancelled. The Bank reserves the right to recover any dues payable by the selected Applicant from any amount outstanding to the credit of the selected Applicant, including the pending bills, if any, under this RFP.

24) DISPUTE RESOLUTION

If a dispute, controversy or claim arises out of or relates to the contract, or breach, termination or invalidity thereof, and if such dispute, controversy or claim cannot be settled and resolved by the Parties through discussion and negotiation, then the Parties shall refer such dispute to sole Arbitrator appointed by the Bank. The arbitration proceedings shall be conducted in English and a written order shall be prepared. The venue of the arbitration shall be Mumbai. The arbitration shall be held in accordance with the Arbitration and Conciliation Act, 1996. The decision of the Arbitrator shall be final and binding upon the Parties, provided that each Party shall at all times be entitled to obtain equitable, injunctive or similar relief from any court having jurisdiction in order to protect its intellectual property and confidential information.

(S Gnanavel) General Manager & CLO (Research, Training & Development) 13.02.2015


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Empanelment of Training Agencies

PART B – TRAINING AGENCIES/ INDIVIDUALS

EXPRESSION OF INTEREST Bank of Baroda invites expression of interest from experienced training firms / individuals for carrying out various training activities in the Bank. The training activities would focus mostly on soft skills and behavioural areas besides functional areas in banking including IT skills. Expression of interest may be submitted as per the schedule given below: The last date for submission of EOI : 2nd March, 2015 up to 5.00 PM (Along with technical and financial bid) Technical Bids (TB) will be opened on : 11th March, 2015 at 11.00 AM

Short listing of eligible parties on the basis of (TB) on: 11th March, 2015

Presentation by the Shortlisted Agency : 13th March, 2015, 10.30 AM

Opening of Financial Bids (FB) on : 16th March, 2015 at 3.00 PM.

SALIENT FEATURES OF EMPANELLING TRAINING AGENCIES.

Bank of Baroda is desirous of empanelling reputed Training Training Agencies / Firms / Individuals (hereinafter referred to as “Training Agencies”) for the categories of training listed hereunder having relevant experience and expertise in taking sessions for the below mentioned subjects / areas in the conventional classroom format and/or outdoor activities that provide on-the-job or in situ or locational learning for Bank of Baroda employees. A). We seek Training Agencies with expertise in: Behavioural Area

Soft Skills Team Building Cross cultural appreciation Image Management Business Etiquette and communication

Functional Area

Credit / Risk Management Forex / Dealer Sales / Customer Service IT Skills / Product development

Training Agencies having experience of atleast 5 years and having worked for large PSBs or Private Sector / Foreign Banks / Financial sector with relevant domain expertise and training experience as cited above may apply in the prescribed format. Besides the above criteria, applicants will need to furnish as under:

1) No adverse action initiated by/pending with any institution/ banks/court / authority with regards to training matters. Necessary under taking to be submitted.

2) Training Agencies will need to furnish an undertaking on non-disclosure with regard to data / study material / teaching aids pertaining to Bank of Baroda which they may acquire in the process of training.


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3) Undertaking that while executing the training plans, no IPR shall be violated. The selection of the Training Agencies will be based on the EOIs submitted by the parties along with both (Technical Bids) TB and (Financial Bids) FB on or before 2nd , March, 2015 up to 5.00 P.M. The EOI along with TB and FB in separate sealed envelopes may be sent to or delivered to the General Manager & Chief Learning Officer (Research, Training & Development) at his office latest by 5.00 PM on 2nd, March, 2015 at Bank of Baroda, Baroda Sun Tower, 5th Floor, C-26, G Block, Bandra Kurla Complex, Bandra (East) Mumbai 400051. EOIs submitted later than the date and time specified above and/or submitted without the TB and FB in separate sealed envelopes will be rejected without assigning any reason and the Bank will not entertain any correspondence in this regard. Any delay in submission due to postal/transit delay does not entail such EOIs for any consideration and it is the sole responsibility of the applicants to ensure to submit the EOI along with TB & FB within the time specified as above. B). Process of Selection: 1 Applicants will have to submit expression of interest along with Technical and

Financial bids. They will provide the application with the following data along with the TB besides the details sought hereunder:

Name of the Firm / Individual, Address, Communication Lines, Base Location, Date of Firm /Company registration / incorporation, Number of Trainers on pay roll or on contract with their qualification and expertise area vide Annexure A.

The EOI response documents should be submitted in paper copies in two sets (Original Set and Duplicate Set) and each set should contain one copy of the following:

i) A sealed envelope containing Technical Bid (TB) documents superscribed

“TECHNICAL BID FOR EMPANELMENT AS TRAINING AGENCIES/ INDIVIDUAL FOR TRAINING IN : BEHAVIOURAL AREA AND/OR FUNCTIONAL AREA vide scope item (iv) : 1) ….”

ii) Second sealed envelope containing Commercial Bid documents superscribed “COMMERCIAL BID FOR EMPANELMENT AS TRAINING AGENCIES/ INDIVIDUAL”

The two envelopes should be put together in an envelope to constitute one set. Each set should be packed in an envelope superscribing “EMPANELMENT AS TRAINING AGENCIES / INDIVIDUAL FOR TRAINING PURPOSE IN BANK OF BARODA”

The proposal should be prepared in English in MS Word/Excel format. The e-mail address and phone/fax numbers of the Bidder should also be indicated on the sealed envelopes.

All correspondence will be in English. The Bid shall be typed in indelible ink and shall be signed by the Bidder or a person or persons duly authorized to bind the Bidder to the contract. The person or persons signing the Bids shall initial all pages of the Bids. Any inter-lineations, erasures or overwriting shall be valid only if they are initialed by the person signing the Bids. The Bank reserves the right to reject the Bids not conforming to the above.

2 They will have to specify the training type (see para D) they are applying for on the top of the envelope. The evaluation would be based on the training type and applicant group under which they are interested in (2 categories viz., Individuals & Training firms). Thus, on the top of the envelop they would mention category under which they fall viz., Firm / Individual. Secondly, they would mention the training category mentioned in the Scope para vide item D (out of 5 listed).


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3 One could apply for one or more based on their strength. Alternatively, a covering

letter with the envelopes for one or more of the 5 (item D) training types may be mentioned.

4 Technical bids shall be opened on 11th March, 2015 at 11.00 AM. in the presence of applicants / representatives.

5 Applicants short listed, based on technical bids, will be called for giving presentation before the Committee of General Managers on 13th March, 2015 from 10.30 AM onwards. Each party will be allotted a slot of 30 minutes (max) for presentation.

6 Financial bids for the short listed parties, after the presentation is over, will be opened on the same day preferably, if the time permits. Else, the next day of the completion of the Technical bid evaluation in presence of the applicants.

7 Committee of General Managers based on the presentation and commercial bids will short list and recommends the names for empanelment of Training Agencies.

8 The Bank will negotiate Financial Bids from the empanelled Training Agencies once the names are recommended by the Committee.

Quotes for the training category listed vide item D could be summarized in a table as under:

Name of the Programme Rate Per day (Batch Size 25-30) INR

Firms & Companies:

Must have been in the training field for the last 5 years A brief write-up (1000 words) on the training capabilities vis-à-vis the

requirement of the Bank

Details of their own infrastructure (ownership/long term lease) may be provided with locations

The application should contain data on the number of programmes, number of trainees and number of faculties (discipline wise) for the last 3 Years.

Details on faculties with qualifications with the mention of their published work, if any.

Capability to customize as per Bank’s requirement with an example of any other client

List of clients during the past three years of which atleast one should be from PSU/PSB.

List of faculties on payroll / contract with the firm with their expertise and experience with qualifications.

Individuals:

CV should contain tabular data on Qualification, Team size, if any, List of existing clients, Year wise number of programmes conducted with Programme Title and the Client (last 3 Years)

Specialized areas Capability to customize training as per bank’s requirement with examples, if any

(minimum 2)

C) Evaluation Criteria

A weightage of 60 is envisaged on Technical Bid and 40 on Financial Bid. Thus, out of 100 under technical evaluation 60% will be considered. Parameters for technical Bid and the max allocation for evaluation is as under:


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C.1 Evaluation of Technical Bid The technical bids will be evaluated first. The evaluation of functional and technical capabilities of the applicants of the current EOI invitation will be completed as per the following guidelines: C.1.1 Technical Evaluation Criteria i) Fulfillment of basic eligibility criteria:

First, the technical bid documents will be examined from the eligibility criteria angle. Applicants who fulfill the eligibility criteria / conditions with credentials and experience as mentioned under eligibility criteria vide para A above. Their bids only will be taken up for further evaluation/selection processes who qualify on the eligibility criteria. No deviation from the stated eligibility criteria shall be entertained.

II) Short listing of the firms based on their technical proposals:

Short listing of firms will be resorted to if the number of eligible bidders is more than 10. This short listing will be broadly based on:

Size of the firm’s training business Past experience of the applicants in the field of training, including

number of years of experience

Number of Banks and financial institutions for whom the applicant has undertaken training assignments out of which the number of PSU banks and FIs

Past experience of the applicant in terms of number of training assignments undertaken for Banks and FIs, of whom number of such assignment in PSU banks and FIs in India

Quality and strength of resources (Names and number of trainers, having experience of training employees of PSU banks and FIs, number of training centres (owned or hired), number of locations in which the agency can conduct training across India, other facilities provided)

Research and consultancy experience Proximity to the Airport

Note: The selected applicants will be required to provide reasonable proof with respect to each of the above criteria and credentials.

The selection committee will short-list around 3-5 firms, by deciding upon an appropriate cut-off and marking based on the above parameters and also based on the fully matched criteria and paper evaluation based on the technical responses submitted.

If the number of eligible bidders is less than 10, the committee may, in its discretion, undertake the technical evaluation and scoring of all such eligible bidders without resorting to any short listing process.

C.1.2 Evaluation and scoring of the technical proposals

The committee shall then undertake a full evaluation of the shortlisted firms on the specific design and implementation plan proposed, experience and credentials, resources and infrastructural capabilities, etc. and shall assign a score out of 100 to each such shortlisted applicant on their technical proposals. The committee can also call any of the shortlisted applicant on a scheduled date and time before the selection committee for any clarifications or additional information that it may require.

The committee while awarding scores on the technical proposals will reflect and evaluate the technical competence and capability of the applicant in carrying out the


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assignment. A maximum of 100 marks will be allocated for the technical Bid. The technical scoring of the proposals will broadly be on the following criteria:

1. Experience of the firm / Individual (30 marks)

Experience of conducting large scale training assignments including in public sector domain

Experience of conducting training in Banks and financial institutions in India, particularly in public sectors banks.

Experience of conducting training on Banking aspects Experience of conducting technology training Experience of conducting soft skills / behavioural training

2. Appreciation of context, proposed design and methodology (30

marks)

Quality of understanding of the context and need for large scale training for senior executives other employees.

Design and schedule of the training programmes proposed to address the Bank’s requirements

Training methodology proposed to cater to the various areas to be covered in the programmes and enable better learning

Activities/tasks/initiatives proposed in the training programmes and their suitability to address the Bank’s perceived requirements .

3. Availability/suitability of resources, infrastructural capabilities (40 marks)

Number and quality of trainers / resources to handle such training Relevant experience of the trainers / resources Infrastructural capabilities where firm will be able to carry out location

training, if required

Post-training support for execution of learning, follow-up, feedback submission to the Bank

Special learning take aways / features for the participants the firm / individual trainer would like to highlight, if any. (USP)

At the sole discretion and determination of the Bank, the bank may add any other relevant criteria for evaluating the proposals received in responses to the current EOI/RFP. Bank may, at its sole discretion, decide to seek more information from the respondents in order to normalize the bids. However, respondents will be notified separately, if such normalization exercise as part of the technical evaluation is resorted to.

C.1.3 Stages of technical evaluation

In brief, the various stages of technical evaluation are as under:

Full matching of the eligibility criteria as indicated under Para A above. Short-listing of the Applicants based broadly on prior experience, credentials and

quality of resources, if number of eligible bidders is more than 10. Arriving at the final score, on technical proposal of the short-listed firms after

evaluation by Bank’s selection committee , which will broadly be based on the following :-

o Experience of the bidder in undertaking training of similar nature in Banking domain

o Appreciation of context, proposed design and methodology o Availability / suitability of resources, infrastructural capabilities

Bidders scoring less than 60 marks (cut-off score) out of 100 marks in the technical evaluation, shall not be considered for the selection process and will not be considered


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as qualified. Once the evaluation of technical proposals is completed, the bidders who score equal to or more than the prescribed cut-off score will be considered for opening of their commercials bids.

In case there is only one bidder having technical score of 60 or more, the bank may, at its discretion also consider the next highest technical score with minimum score of 50. In case, none of the participating bidders qualify on technical criteria and reach or exceed the cut-off score of 60, then Bank, at its sole discretion, may qualify two bidders on the basis of the top 2 scores with a minimum score of 50.

C.2 Commercial Bid Evaluation

The commercial proposals of only those technically short-listed bidders who attain the minimum cut-off marks in their technical score will then be opened. It may be noted that commercial bids will be subjected to following evaluation process.

Based on the technical evaluation criteria, each Bidder will be given certain marks. Only those bidders scoring 60% (60 marks out of 100) or above in the technical evaluation will be considered for commercial evaluation, except in those cases where only 1 bidder or no bidder scores more than the cut-off score of 60 and the bank at its sole discretion qualifies the next highest bidder / 2 bidders with score below the cut-off of 60 but with a minimum score of 50, as per C.1.3 above. In such an eventuality, the commercial bid of such bidder / 2 bidders who have scored less than the cut-off score of 60 but who have, at the discretion of the bank, been qualified in the technical evaluation, shall be opened.

Commercial bids of other firms will be returned unopened.

The commercial Bid will be on per day basis which will remain same for the entire assignment period for 3 years. The financial quote should be in Indian rupees and it should include all expenses proposed other than taxes. The nominal quote provided by the bidder whose technical bid qualifies will be discounted with appropriate weightages, relative to the “Least Price / Least Quote” as per the formula given vide para C.3 below.

C.3 Combined Techno-commercial evaluation:

In respect of all the qualified applicants, in whose case, the commercials bid have been opened; a combined techno-commercial evaluation will be done by the bank as per the following procedure:

A combined “Score (s)” will be arrived at after considering the nominal commercial quote and the marks obtained in technical evaluation with relative weights of 40% for Commercial and 60% of Technical. The combined evaluation shall be made by applying weightages of 60 and 40 for technical and commercial scores according to the following formula:

Tech score of A Lowest Financial Bid

Combined score of A = 60* [--------------------------] + 40*[-----------------------------]

Highest Tech Score Financial Bid of A

On the basis of the above combined weighted score, the bidders shall be ranked in terms of the total combined score obtained. The applicant with the highest combined score (H-1) will be declared successful and shall be recommended for award of the contract / empanelment. After the identification of the successful bidder, the bank will follow the internal procedure for necessary approvals and thereafter process with notification of award of contract.


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Example:

S.No. Bidder Technical Evaluation Marks (T)

Nominal Bid Price (_C)

(C-Lowest / C) *40

(T/T-Highest) *60

Score (S)

Out of 100

1 ABC 95 71 33.80 60.00 93.80

2 XYZ 85 65 36.92 53.68 90.61

3 UVW 80 60 40.00 50.53 90.53

In above example, ABC with the highest score (H-1) becomes the successful bidder.

D) Expected Scope of Services from Training Agencies:

Bank runs a number of programmes which could be classified broadly under staff

category wise, staff potential wise and functionality wise. Besides, the same may

also be classified under Functional training and Behavioural training. Some of the

Bank’s flagship programmes (dedicated) carried out by external Training Agencies

are:

1) Talent Pool training for Scale IV & V executives on Team Building

and Leadership Development (2-3 days)

2) Talent Pool training for Scale II & III officers on Communication

Skills and other soft skills (4 days)

3) Functional Programmes on IT skills, Credit, Forex, Bourse/ Dealers,

Risk Management, Sales ( 3 – 12 days)

4) Mentoring for Mentors (2 – 3 days)

5) Gender & Generation sensitivity type of programme to address large

generation gaps in the Bank besides large women workforce

coming onboard (1 – 2 days)

6) Functional and Behavioural Programmes for Sub-staff (support

staff) (2 days)

The range of services required to be provided by the Training Agencies broadly may

include the followings: a) Training Agencies may be required to supplement the learning efforts of Bank’s

existing training team at various locations of the Bank by taking sessions for a programme that Bank’s training system is engaged in.

b) Training to the target group and in the chosen area under which they are

selected/empanelled

c) Training may happen at any of the Bank’s premises, be it Baroda Apex Academy,

Baroda Academy at 13 other locations, Bank’s Zonal & Regional Offices or any place

selected by the Bank.

d) Bank may request on a short notice to conduct a programme in situ or at a venue

other than Bank depending upon the local requirement

e) Training activities are aligned to availability of trainees vis-à-vis business exigencies

with a concentration in certain months. It may lead to spurt in training activities

during a few months. Training Agencies will need to factor that in to their schedules

and make themselves available as and when requested for. Bank may not be in a

position to adjust to their schedules.

f) Specialized programmes may be conducted at a very short notice.

g) Consecutive three unavailability for training programmes may lead to dis-

empanelment.


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E). Other conditions with respect to empanelment:

1 Empanelment will be valid for three years from the date of approval of panel by

the bank. However, Training Agencies’ continuity would be subject to the satisfactory performance. Satisfactory performance would be evaluated based on feedback from the Trainees and Bank’s objective evaluation based on course design, methodology adopted and the relevance of the programme. It will be evaluated by the Bank from time to time and the decision of Bank shall be final.

2 Bank may engage Training Agencies from time to time for any one or more of

the aforesaid scope vide item D above on a negotiated fee. Further, Bank may entrust any such work to any of the Training Agencies in the panel and no right would exist to an empanelled Trainer to claim that they alone should be entrusted with the Bank’s work despite given earlier.

3 Bank has the sole right to accept or reject bid of any of the Training Agencies at

its discretion without assigning reason/explanation for such act.

4 Empanelment does not entitle the Training Agencies assignment of job or contract and/or inclusion of their name in the future empanelment. Engagement of Training Agencies for any job shall be need based.

5 Items enlisted under the head “Selection Process or Scope” are not exhaustive

and are only indicative. Bank may add or delete or modify the said item/s based on the requirement. Any such inclusion or deletion and/or modifications shall be executed in consultation with Bank’s personnel identified for the purpose/ connected with the activity.

6 Bank may amend/ alter any of the terms and conditions of empanelment of

Training Agencies without giving prior notice and empanelled Training Agencies shall be bound by the same.

7 Each empanelled Training Agency will execute the following:

a. Non Discloser Agreement (NDA). b. Engagement Letter. c. Undertaking with respect to IPR issues d. Declaration regarding court cases on Training matters with any institution

F. GENERAL TERMS AND CONDITIONS 1) Term of assignment

The selected applicants under this EOI/RFP will be engaged for a period of 1 year for Institutions (Part A) and 3 years for Training Agencies/Individuals (Part B) and as mentioned in the above scope for training of designated executives / officers. During the assignment period, subject to completion of training assignment to the complete satisfaction of the bank and subject to the feedback received, Bank reserves the right to renew the contract for a further period and on such terms, as may be mutually negotiated and agreed to by the selected applicant/s and the bank at that point in time.

2) Adherence to Terms and Conditions

The applicants who wish to submit responses to this RFP should note that they should abide (in true intent and spirit) by all the terms and conditions contained in the RFP. If the responses contain any extraneous conditions put in by the respondents, such responses may be disqualified and may not be considered for the selection process.


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3) Execution of Empanelment /NDA and Certificate of Originality

The selected applicant will be required to accept the letter of empanelment with terms and conditions stated therein which must include all the services and terms and conditions of the services to be extended as detailed in the scope and as may be prescribed or recommended by the Bank and (b) Non-disclosure Agreement (NDA). The selected applicant/s will be required to execute the same within one month from the date of notification in the website about the final selection of the applicant, on completion of the required processes as outlined in the EOI.

4) Other terms and conditions The Bank reserves the right to:

Reject any and all responses (bids) received in response to the RFP, in part or in full, and to cancel the evaluation process and reject all applications at any time prior to award of the contract, without thereby incurring any liability to the Applicants/Applicants or any obligation to inform the affected Applicant or Applicants of the grounds about the bank’s action or without assigning any reasons, whatsoever.

Waive or change any formalities, irregularities, minor infirmity, non conformity or inconsistencies in proposal format delivery or in the bid which does not constitute a material deviation.

To negotiate any aspect of proposal with any Applicant and negotiate with more than one Applicant at any time after the RFP closes to improve upon or clarify any response or bid proposal.

Extend the time for submission of all proposals. Select the most responsive Applicant (in case no Applicant satisfies the eligibility

criteria in totality). Select the next most responsive Applicant if negotiations with the Applicant of

choice fail to result in an agreement within a specified time frame.

Share the information/ clarifications provided in response to RFP by any Applicant, with any other Applicant(s) /others, in any form.

Cancel the RFP/EOI at any stage, without assigning any reason whatsoever.

5) PROFESSIONALISM

The selected Applicant should provide the services mentioned in the scope in the most professional, objective and impartial manner at all times and hold the Bank's interest paramount and should observe the highest standard of ethics, values, code of conduct, honesty and integrity while executing the assignment.

6) ADHERENCE TO STANDARDS

The selected Applicant should adhere to all the applicable laws of land and rules, regulations and guidelines prescribed by various regulatory, statutory and Government authorities. The Bank reserves the right to conduct an audit/ongoing audit/quality check of the trainings being provided by the selected Applicant at any point in time. The Bank reserves the right to ascertain information from the other banks and institutions to which the Applicants have rendered their services for execution of similar projects. The selected Applicant shall allow the Reserve Bank of India (RBI) or persons authorized by it to access the documents, records of transaction or any other information given to, stored or processed by the selected Applicant relating to this RFP, within a reasonable time failing which selected Applicant will be liable to pay charges/ penalty as levied by RBI. The selected Applicant shall allow the Reserve Bank of India to conduct audits or inspection of its Books and account with regard to the Bank or this RFP by one or more of RBI officers or employees or other persons duly authorized by RBI.

7) EXPENSES


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Apart from the professional fees, for Training Agencies / Individuals, Bank may pay economy class airfares for a distance over 500 KM travel and AC II for shorter distances. As regards to hotel stay, Bank expects Training Agencies to stay at the same Hotel where the trainees are lodged, exception being for Baroda Apex Academy location where Bank offers its own premises to the Training Agencies on a single occupancy basis. Other local movements are on “Actuals” basis. However, no expenses would be payable for trainers in when Training done at their base locations.

8) PAYMENT TERMS

Bank will release the payment of the agreed Professional Fees to the selected Institution/ Agency/ Individuals after deduction of applicable taxes at source, for which contract will be executed by the Bank with the empanelled Trainers. The payments will be scheduled in stages on completion of batches. No advance payment will be made.

9) NON PAYMENT OF PROFESSIONAL FEES

If any of the items/activities corresponding to which certain price as mentioned in the price Bid is quoted, are not taken up by the Bank during the course of this assignment, the Bank will not pay the professional fees quoted by the selected Applicant in the Price Bid against such activity/item.

10) CHARGES TERMS

By submitting the FB for Training, the Applicant will be deemed to have accepted all the terms and conditions mentioned in the EOI / RFP document. The rates quoted by the applicants shall be adequate to complete the assignment according to the specification and conditions attached thereto. The Applicant should take into account all conditions and difficulties that may be encountered during the course of assignment and quote the amount, which shall include agreed professional fee/ contract amount with taxes, royalties, VAT and other duties and the value and all details of other facilities and services necessary for proper completion of the assignment, except such as may be otherwise provided in the contract document for completion of the assignment. The TDS amount on prevailing rate and work contract tax etc. shall be deducted from running account/Final bills. Necessary certificates shall be issued to the Agency by the Bank. Service tax payable on the payment of contract amount will be borne by the bank.

11) SINGLE POINT OF CONTACT The selected Applicant will have to provide details of single point of contact viz. name, designation, address, e-mail address, telephone/mobile no., etc. of the project manager who will be dedicated for this project and shall be the single point of contact for the Bank for all purposes related to this assignment. Escalation matrix should also be provided with full details.

12) APPLICABLE LAW AND JURISDICTION OF COURT The Contract with the selected Applicant shall be governed in accordance with the Laws of India for the time being enforced and will be subject to the exclusive jurisdiction of Courts at Mumbai.

13) PENALTY AND LIQUIDATED DAMAGES

(a) If the selected Applicant fails to complete the due performance of the contract in accordance with the specifications and conditions agreed during the final contract negotiation, the Bank reserves the right to recover penalty as a percentage of the contract value for non-performance / delayed performance / for the costs in respect of the uncovered trainings. (b) Notwithstanding what so ever stated in para 14 (a) above, if the selected Applicant fails to adhere the time schedule or fails to complete the due performance


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of the obligations under this EOI as per Bank’s satisfaction, then the Bank can repudiate the contract and recover 10% of the contract valve as Liquidated Damages from the selected Applicant. (c) The Penalty and Liquidated Damages as mentioned above shall be independent to each other and will be levied separately or jointly as the case may be as per discretion of the Bank. Penalty and Liquidated Damages are not applicable for reasons attributable to the Bank and Force Majeure. However, it is the responsibility of the Applicant to prove that the delay is attributed to the Bank or Force Majeure. The Applicant shall submit the proof authenticated by the Applicant and Bank’s official that the delay is attributed to the Bank or Force Majeure along with the bills requesting payment. If the delay is attributable to the Bank, or Force Majeure, or any other circumstances beyond the control of the selected Applicant,, then the bank will extend the period of contract to the extent of delay without charging any Penalty / Liquidated Damages.

14 ) FORCE MAJEURE Any failure or delay by selected Applicant or Bank in the performance of its obligations, to the extent due to any failure or delay caused by fire, flood, earthquake or similar elements of nature, or acts of God, war, terrorism, riots, civil disorders, rebellions or revolutions, acts of governmental authorities or other events beyond the reasonable control of non-performing party, is not a default or a ground for termination. The affected party shall notify the other party within reasonable time period of the occurrence of a Force Majeure Event.

15 ) AUTHORIZED SIGNATORY The selected Applicant shall indicate the authorized signatories who can discuss and correspond with the Bank, with regard to the obligations under the contract. The selected Applicant shall submit at the time of signing the contract, a certified copy of the resolution of their Board, authenticated by Company Secretary/Director, authorizing an official or officials of the company or a Power of Attorney copy to discuss, sign agreements/contracts with the Bank. The Applicant shall furnish proof of signature identification for above purposes as required by the Bank.

16) INDEMNITY

The Applicant shall indemnify Bank and keep indemnified for any loss or damage, cost or consequences that Bank may sustain, suffer or incur on account of violation of patent, trademarks, etc. by the Applicant. The Applicant shall always remain liable to the Bank for any Losses suffered by the Bank due to any technical error or negligence or fault on the part of the Applicant, and the Applicant also shall indemnify the Bank for the same. The total liability of the selected Applicant under this clause and contract shall not exceed the total contract value.

17) ERASERS OR ALTERATIONS:

The offers containing erasers or alterations may not be considered. There should be no hand written material corrections or alterations in the offer. Technical details must be completely filled up. Correct technical information of the services being offered must be filled in. Filling up of the information using terms such as OK, ACCEPTED, NOTED, AS GIVEN IN BROCHURE/MANUAL or any Special Characters such as -, “, @, _,# is not acceptable. The Bank may treat offers not adhering to these guidelines as unacceptable.

18) RIGHT TO REJECT BIDS

Bank reserves the absolute and unconditional right to reject any response to this


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RFP if it is not in accordance with its requirements and no correspondence will be entertained by the Bank in the matter. The bid is liable to be rejected if: o It is not in conformity with the instructions mentioned in this RFP document. o It is not properly/duly signed. o It is received through Telex / Telegram/ Fax/E-mail. o It is received after expiry of the due date and time. o It is incomplete including non-furnishing the required documents / information

as required in terms of this RFP. o It is evasive or contains incorrect information. o There is canvassing of any kind. o It is submitted anywhere other than the place mentioned under Section Process

of Selection B (-1)

19) ASSIGNMENT

Neither the contract nor any rights granted under the contract can be sold, leased, assigned, or otherwise transferred, in whole or in part, by the selected Applicant without advance written consent of the Bank and any such sale, lease, assignment or otherwise transfer shall be void and be of no effect. The selected Applicant shall not subcontract or permit anyone other than its personnel to perform any of the work, service or other performance required of the selected Applicant under the contract. Formation of consortium or association of firms and engaging sub consultants / agencies is not allowed and such proposals will be disqualified at the evaluation stage itself.

20) NON – SOLICITATION

The selected Applicant, during the term of the contract and for a period of two years thereafter shall not without the express written consent of the Bank, directly or indirectly: a) recruit, hire, appoint or engage or attempt to recruit, hire, appoint or engage or discuss employment with or otherwise utilize the services of any person who has been an employee or associate or engaged in any capacity, by the Bank in rendering services in relation to the contract; or b) induce any person who shall have been an employee or associate of the Bank at any time to terminate his/ her relationship with the Bank.

21) NO EMPLOYER-EMPLOYEE RELATIONSHIP

The selected Applicant or any of its holding/subsidiary/joint-venture/ affiliate / group / client companies or any of their employees / officers / staff / personnel / representatives/agents shall not, under any circumstances, be deemed to have any employer-employee relationship with the Bank or any of its employees/officers/ staff/representatives/ personnel/agents.

22) VICARIOUS LIABILITY

The selected Applicant shall be the principal employer of the employees, trainers, agents, contractors, subcontractors, etc., engaged by the selected Applicant and shall be vicariously liable for all the acts, deeds, matters or things, whether the same is within the scope of power or outside the scope of power, vested under the contract. No right of any employment in the Bank shall accrue or arise, by virtue of engagement of employees, agents, contractors, subcontractors etc., by the selected Applicant, for any assignment under the contract. All remuneration, claims, wages dues etc., of such employees, agents, trainers, contractors, subcontractors etc., of the selected Applicant shall be paid by the selected Applicant alone and the Bank shall not have any direct or indirect liability or obligation, to pay any charges, claims or wages of any of the selected Applicant ’s employees, agents, trainers, contractors, subcontractors etc. The selected Applicant shall agree to hold the Bank, its successors, assigns and administrators fully indemnified, and harmless against loss or liability, claims, actions or proceedings, if any, whatsoever nature that may arise or caused to the Bank through the action of selected Applicant ’s employees, agents, trainers, contractors, subcontractors, etc.


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23) CANCELLATION OF CONTRACT AND COMPENSATION

The Bank would provide 30 days notice to rectify any breach/ unsatisfactory progress, if the selected Applicant commits a breach of any of the terms and conditions of the RFP/EOI. The Bank reserves the right to cancel the empanelment of the selected Applicant and recover expenditure incurred by the Bank in any of the following circumstances:

The Applicant becomes insolvent or goes into liquidation voluntarily or otherwise

An attachment is levied or continues to be levied for a period of 7 days upon

effects of the bid

The progress regarding execution of the contract, made by the selected

Applicant is found to be unsatisfactory.

If deductions on account of Penalty exceeds more than 10% of the total contract

price.

If the selected Applicant fails to complete the due performance of the contract in

accordance with the agreed terms and conditions.

No response for consecutive 3 assignments will lead to termination from the

empanelment.

After the award of the contract, if the selected Applicant does not perform satisfactorily or delays execution of the contract, the Bank reserves the right to get the balance contract executed by another party of its choice by giving one month’s notice for the same. In this event, the selected Applicant is bound to make good the additional expenditure, which the Bank may have to incur to carry out for the execution of the balance of the contract. This clause is also applicable, if for any reason, the contract is cancelled. The Bank reserves the right to recover any dues payable by the selected Applicant from any amount outstanding to the credit of the selected Applicant, including the pending bills, if any, under this RFP.

24) DISPUTE RESOLUTION

If a dispute, controversy or claim arises out of or relates to the contract, or breach, termination or invalidity thereof, and if such dispute, controversy or claim cannot be settled and resolved by the Parties through discussion and negotiation, then the Parties shall refer such dispute to sole Arbitrator appointed by the Bank. The arbitration proceedings shall be conducted in English and a written order shall be prepared. The venue of the arbitration shall be Mumbai. The arbitration shall be held in accordance with the Arbitration and Conciliation Act, 1996. The decision of the Arbitrator shall be final and binding upon the Parties, provided that each Party shall at all times be entitled to obtain equitable, injunctive or similar relief from any court having jurisdiction in order to protect its intellectual property and confidential information.

(S Gnanavel) General Manager & CLO (Research, Training & Development) 13.02.2015

Empanelment of Institutions / Training Agencies · Baroda Corporate Centre, BST, BKC, Mumbai –...

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