Tender for providing Catering Services for Staff canteen ... · Head Office, IDBI Tower, WTC...
Transcript of Tender for providing Catering Services for Staff canteen ... · Head Office, IDBI Tower, WTC...
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Tender for providing Catering Services for Staff canteen at Bank’s
Corporate Office, Mumbai
IDBI Bank Limited (“IDBI Bank”) invites tenders from established and
reputed caterers to provide catering services for its Staff Canteen at Corporate
Office at IDBI Tower, World Trade Center Complex, Cuffe Parade, Mumbai-
400005. The applicant(s) who are qualified to submit the bids (hereinafter
individually and collectively referred to as “Bidder” or “Bidders”
respectively).
Procedure for submitting tender:
The Tender shall be submitted in two parts viz. Part-I (Technical bid)
and Part-II (Financial bid) in two separate covers which are to be sealed and
put in a master envelop super-scribing with the words “Tender for
providing catering services for Staff Canteen at Bank’s Corporate Office,
Mumbai”.
Cover –I
This Cover forming Part-I of the Tender should be super-scribed with
the words “Tender for providing catering services for Staff Canteen at
Bank’s Corporate Office, Mumbai – Technical Bid’’ containing following
information / documents and duly addressed to the Deputy General Manager
(Administration), IDBI Bank Limited, Mumbai be dropped in the Tender Box
placed on Ground Floor of IDBI Tower on or before 15.00 hrs. of October 5,
2020. Tender Box will be closed at 15.00 hrs. of October 5, 2020 and no bidder,
under any circumstances, will be allowed to submit the bid thereafter. Bidders
are, therefore, advised to submit the tender well in time to avoid last minute
rush.
Documents/Information to be submitted:
Company profile giving:
a) Year of establishment;
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b) Name of company / firm / entity, of the bidder, including details of
promoters/partners/proprietor with official and residential addresses
and telephone numbers;
c) Attested copy of deed of partnership, if the bidder is a partnership
concern; Certificate of Incorporation in case of company. Limited
Liability Agreement in case of LLP.
d) Registration and License Number:
1. GST Registration No:
2. PAN Number:
3. Labour License No:
4. PF Registration No:
5. ESIC Registration No.
(Please provide relevant document)
e) Attested copy of valid certificate issued under Shops and
Establishment Act /Factory license.
f) Attested copy/ies of income-tax returns filed for two years (FY 2018-19
and 2019-20; (Provisional income-tax returns for 2019-20 may be
furnished if the same is not filed however contractor has to furnish
attested copy/ies of income-tax returns filed for FY 2017-18 and 2018-
19 along with provisional income-tax returns for 2019-20).
g) List of establishments where catering services are currently managed
with dates of contract and number of lunches served every day. List of
establishments where canteens were run in the past with period of
contract and number of lunches served per day are also to be
furnished;
h) Audited Financial statements (Balance sheet and Profit & Loss
statement) indicating the annual turnover for last three years; (FY 2017-
18, 2018-19 and 2019-20). (Unaudited Financial statements for 2019-20
may be furnished if the Audited Financial statement is not completed).
CA certificate for the same has to be submitted.
i) Manpower position (present); The Caterer has to ensure that the
verification of the antecedents of the person deployed by them from their Ex-
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employer or the Police. And also to carryout KYC related documents to
identify and address of such person.
j) Declaration on letterhead of the bidder(s) that it has never been
involved in any illegal activity or financial frauds;
k) Declaration that no Civil/Criminal or any other actions/suits or
proceedings filed/pending against Company/Firm/Entity or any of its
Partners/Directors/Officials.
l) Declaration on letterhead of the bidder(s) that its contract in the past
was not terminated by any of its clients during the contract period due
to unsatisfactory performance or any other reason, nor it refused to
continue the catering service after the contract was awarded in the
past;
m) Earnest Money Deposit (EMD) of Rs.3,00,000/-(Rupees Three lakh
only) to be paid through electronic mode (NEFT or RTGS) to IDBI
Bank’s Current Account No. 0126102000001663, IFSC Code –
IBKL0000126 at its branch situated at IDBI Tower, Ground floor, WTC
Complex, Cuffe Parade, Mumbai -400005. The receipt so obtained may
be submitted in Envelope -1 of the tender. Tender not accompanied
with EMDs receipt and those received after the due date and time as
specified above will not be considered. 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 tender or within 90
days from the date of opening of Part-I of the tender, whichever is
earlier. The EMD of the successful bidder would be converted as
Security Deposit and shall not carry any interest and would be
refunded only after successful conclusion of the contract. .EMD shall
not carry any interest and would be refundable. Tenders without EMD
would not be considered;
n) The Bidder, apart from EMD converted Security Deposit, will have to
submit Performance Bank Guarantee equivalent to 3 months billing
payout.
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o) Micro & Small Enterprises registered with National Small Industrial
Corporation (NSIC) or equivalent and having single point registration
are exempted for payment of EMD to the extent of monetary limit
stated in the registration certificate. In case the bid value exceeds the
monetary limit, the contractor will submit EMD of difference. The
tenderer should submit the valid certified copy of NSIC or equivalent
registration certificate/ renewal certification. Photocopy of application
towards registration / renewal is not acceptable.
p) Application for Tender duly signed by the authorized person(s) of the
Caterer - (Annexure I);
q) The bidder must enclose the copy of terms & conditions - Annexure III
A & B duly signed by the authorized person.
r) The bidder must enclose Pre-contract Integrity Pact on stamp paper of
Rs.500/- as per the format given in the Annexure- IX.
N.B: - It may be noted that tenders not accompanied by any one of the above
documents or satisfactory explanation therefore are liable for rejection
forthwith.
All concerned may note that only Technical Bid (Part-I) will be opened at
15.30 hrs on last date of receipt i.e. October 5, 2020 of the tender for pre-
qualification of the bidders. IDBI Bank, in its own discretion, may postpone
the opening of bids or may cancel the tendering process without assigning
any reason thereof.
Cover-II
This Cover forming Part II of the Tender should be super-scribed with the
words ‘Tender for providing catering services for Staff Canteen at IDBI
Bank’s Corporate Office, Mumbai - Financial Bid”. Rates exclusive of GST
for lunch, snacks and tea / coffee to be served are to be indicated in the
format as given in Annexure IV. This cover will be opened on a subsequent
date, after short-listing the bidders based on technical bids.
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Notes:
i) Bidder shall satisfy pre-qualification criteria (Annexure-II) to qualify
in the Technical Bid. IDBI Bank’s decision on prequalification of
contractor shall be final and IDBI Bank is not liable to explain any
reason, whatsoever, for rejection of bids on prequalification criteria.
ii) The financial bids of only those bidders who are prequalified on the
basis of technical bids will be opened in presence of those bidders
who wish to be present at the time of opening of bids. The date and
time of opening of financial bids shall be intimated to the prequalified
bidders.
iii) The Bidders so qualified, shall be empanelled with the IDBI Bank for a
period of 18 months from the date of empanelment /entering into Agreement
with Bank.
iv) IDBI Bank shall have right to reject any or all bids without assigning
any reason therefor.
v) IDBI Bank shall have the exclusive right to decide as to the
omission/fulfilment of qualification of the participating bidders for
Technical qualifications, without assigning any reason/explanation to
the participating bidder or any other parties and also exclude/debar
them to participate in the financial bid.
Please Note:-
The bidder who is awarded contract for IDBI Bank Officers Lounge &
Dining Room, 16th floor at (Corporate Office) Mumbai starting from
September 2020 will not be eligible to participate in the present tender.
******
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Annexure – I
(To be submitted on letterhead of the bidder along with Technical Bid)
Place:
Date:
The Deputy General Manager,
Administration Department,
IDBI Bank Ltd.,
Head Office,
IDBI Tower, WTC Complex,
Cuffe Parade, Mumbai – 400 005
Dear Sir,
Tender for Staff Canteen at Bank’s Corporate Office, Mumbai -Catering Contract
1. I/we undertake to offer my/our services in conformity with IDBI
Bank’s requirements and the terms and conditions set in the Tender document.
2. I/We agree to abide by the terms & conditions of the Tender and that the bids would remain valid for at least 90 days from the last date of submission of the Tender.
3. I/We note that IDBI Bank shall not be bound to accept any or all tenders received by IDBI Bank.
4. I/we declare and confirm that no civil/criminal or any other actions/suits or proceedings have been files/pending against our company/partnership firm/proprietary concern in any of the courts in India and no such cases have been files/pending against any of the owner/partner/directors of the company/partnership firm/ proprietary concern.
5. We agree that we have/would open a fresh account with the specified Branch of IDBI Bank. for covering all transactions relating to all our operation with IDBI Bank. Throughout the period of contract.
Dated ………. day of ________ 2020.
(Signature of the authorized person of the bidders)
………………………………………..
(Name and address of the
bidders)……………………………………………………..
(Seal of the bidders) ……………………………….……………….
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Annexure II
Pre-qualification criteria
i) The bidder should be a sole proprietary concern, partnership firm or
LLP or company registered with the Registrar of firms/registrar of
companies wherever applicable and should be in the catering business
during last five years ending June 2020; (Documentary evidence to be
enclosed).
ii) The bidder should be based in Mumbai or should have a full fledged
office in Mumbai, Navi Mumbai or Thane.
iii) The bidder should have successfully executed similar catering service
contracts to clients like Banks, financial institutions/ govt organisation,
PSUs & large Corporates during the last three years ending June 2020
as details below:
a. One similar service contract of supply of 180 or above lunches on an
average, every day.
b. Two similar service contract of supply of 120 or above lunches on an
average, every day.
c. Three similar service contract of supply of 100 or above lunches on
an average, every day.
Documentary evidence (i.e. Work Order and Work
Completion/Performance) to be enclosed as per Annexure V.
Management of Factory/ School/ College canteens will not be
considered as similar contracts for this purpose.
iv) The bidder should have a minimum annual turnover of Rs. 1.00 crore
per annum during last three FYs ending March 2020. Balance sheet and
Profit & Loss statement indicating the annual turnover for three years;
(FY 2017-18, 2018-19 and 2019-20) may be furnished (Unaudited
Balance sheet and Profit & Loss statement for 2019-20 may be
furnished showing the sales turnover in case Audited Balance sheet
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and Profit & Loss statement is not completed). CA certificate for the
same has to be submitted.
v) The bidder should have a clean track record and they should not have
any involvement in illegal activities or financial frauds. No
Civil/Criminal or any other actions/suits or proceeding against
Company/Firm/Entity or any of its Partners/Directors/Officials.
Tenders must be accompanied with declaration to this effect on
letterhead of the bidders.
vi) The bidder, whose contract in the past was terminated by the employer
due to unsatisfactory performance, will not be eligible for participating
in the tendering process. Similarly, a bidder who discontinued the
contract before its expiry or failed to commence the service after award
of contract will also be not eligible for participating in the tendering
process. Tenders must be accompanied with declaration to this effect
on letterhead of the bidders.
vii) Tenders without the Integrity Pact (with requisite Stamp duty) and
Non-disclosure statement will be rejected.
N.B: - It may be noted that documentary evidence in respect of first four
items would be essential. Tenders not accompanied by documentary
evidence in respect of any one or both would not be considered and will be
rejected forthwith.
*******
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Annexure III
(A) Terms and conditions of the Tender
1. The tenure of the contract will be for 2 years and is extendable for further
one year on mutually agreed terms.
2. Tenders received after the prescribed time and date will not be considered
and will be rejected forthwith. Decision of IDBI Bank in this regard shall
be final, conclusive and binding on the bidders. In the event of the last
date for the receipt of bids is declared a public holiday for IDBI Bank, the
bids will be accepted up to the specified time on the succeeding working
day.
3. IDBI Bank reserves the right to amend/modify the tender terms or issue
any corrigendum/addendum before bids are opened. The bidder shall be
given opportunity to modify his quotation based on the revised terms
4. The bidder shall bear all costs associated with the preparation and
submission of its bid and IDBI Bank shall in no case be held responsible or
liable for these costs, regardless of the conduct or outcome of the bidding
process including cancellation or abandonment of the bidding process.
5. Conditional tenders / incomplete tenders will not be accepted and will be
summarily rejected.
6. Bids submitted shall remain valid for a period of 90 days or such extended
period as may be agreed mutually from the last day of submission of the
Tender.
7. For ranking of financial bids total tendered cost shall be computed on the
basis of (a) rate quoted for lunch by the bidder multiplied by approximate
number of daily (240) lunch plus (b) rate quoted by the bidder for snacks
per plate multiplied by approximate number of daily (2000) snacks plus (c)
rate quoted by the bidder for tea/ coffee multiplied by approximate
number (1000) of tea/ coffee cups consumed daily. The bidder with the
lowest total cost so computed [i.e. (a) + (b) + (c)] shall qualify as L1. In the
unlikely event of a tie between / among the bidders, fresh spot quotations
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shall be invited from the bidders whose tendered costs are tied and
ranking will be decided.
8. In case the total amount worked out based on the rates quoted by the
lowest bidder exceeds the budget allocated for the catering services IDBI
Bank reserves its right to modify the menu and invite fresh price bids from
the prequalified bidders.
9. The bidder shall quote the rates in the format as indicated in the Financial
Bid (Annexure IV) exclusive of GST. GST as applicable will be paid extra
on actual. Any deviation in the quote rate other than as stated in the
Financial bid (Annexure IV) shall be rejected summarily.
10. The present contractor for IDBI Bank Officers Lounge & Dining Room (16th
Floor) at Corporate Office, Mumbai shall not be eligible to participate in
the present tender.
11. The written offer of contract issued to the successful bidder/contractor
shall be accepted by the bidder in writing within 7 days from the date of
issue of the offer letter. Failure to accept the offer within this period will
result in forfeiture of the EMD.
12. The successful bidder/contractor shall commence the services within 15
days from the date of acceptance of the Offer. Failure, delay or evasion on
the part of the successful bidder/ contractor to commence the services
within the period mentioned above will also result in termination of the
contract and forfeiture of the EMD.
13. No escalation in rates will be permitted during the first one year of the
contract period (of two years).However, should there be an unprecedented
and sustained rise in price of food items during the first year, the
contractor can put in a request to the IDBI Bank for a reasonable
increase in the rate for consideration in the second year. Any decision in
this regard by IDBI Bank shall be final, conclusive and binding on the
contractor. No advance will be paid.
14. Applicable taxes will be deducted at source at the time of settlement of
bills unless the bidder produces the certificate to the contrary from the
Income Tax authorities. TDS certificate will be issued by IDBI Bank.
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15. The bidders must clearly note that:-
a. The bidder shall strictly conform to the scope of work and terms &
conditions of the Tender ( Annexure III-B);
b. EMD of Rs.3,00,000/- (Rupees Three lakh only) will be converted into
Security Deposit on award of contract/acceptance of the offer and
shall not bear any interest.. EMD would be refunded only at the time
of termination of the contract after deducting any payment due by the
Contractor to the Bank in terms of the contract or otherwise. IDBI
Bank may deduct or retain amount, which may be due or become due
to the Contractor hereunder or otherwise, any amount owed by the
Contractor to IDBI Bank. The decision of IDBI Bank in this regard
shall be final, conclusive and binding. EMD of the unsuccessful
bidders would be refunded only after finalization of the tender or
within 90 days from the date of opening of Part-I of the tender,
whichever is earlier.
16. The successful bidder/ contractor shall not discontinue the catering
services under the contract for whatsoever reasons for a minimum period
of one year from the date of awarding of the contract. In the case of failure
on the part of bidder to commence the catering service as stipulated in the
tender or to provide the Catering Services for a minimum period of one
year, or termination of the contract by the bank for unsatisfactory
performance during the first year the EMD converted as Security Deposit
of Rs.3,00,000/- shall be forfeited.
17. IDBI Bank reserves the right to terminate the contract at any time during
the currency of the contract period by giving 30 days’ prior notice in
writing without assigning any reason therefor. The contractor, however,
will have to intimate to IDBI Bank in advance by giving three months’
notice in writing assigning reason for such early termination in case he /
she decides to stop services.
18. IDBI Bank reserves the right to reject any or all offers without assigning
any reason. IDBI Bank may decide not to avail of any services from any
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bidder as a consequence of this Tender/Advertisement. IDBI Bank also
reserves the right to re-issue/recommence the entire bid process without
the vendors having the right to object. Any decision of IDBI Bank in this
regard shall be final, conclusive and binding on the bidders.
19. Failure of the successful Bidder to comply with the requirement of the
tender shall constitute sufficient grounds for the annulment of the award
and forfeiture of the EMD, in which event IDBI Bank may award the
Tender to the next best evaluated Bidder or call for new Bids. Any decision
in this regard by IDBI Bank shall be final, conclusive and binding on the
Bidder.
20. On pre-qualification of bidders, a committee of officials of IDBI Bank will
be visiting the centralised kitchen/location where the prequalified bidder
is preparing food/providing its services to evaluate quality and verify the
claims stated in the technical bid document. The bidder who will satisfy
the criteria will only be considered for further tendering process and their
price bid will be opened.
21. Bidders shall satisfy pre-qualification criteria (Annexure-II) to qualify in
the Technical Bid.
22. Technical Bid (cover-I) shall not contain any financial bid.
I/We have read the terms and conditions and are acceptable to me/us.
- Signature of the authorized person : …………………………………………… - Name of the signatory (in block capital letters) (………………………………….…) - Status of the signatory i.e. Proprietor/partner: …………………….…………………… - Date : - Address of the bidder : - Telephone no/s : Bidder's Seal
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Annexure III (contd...)
(B) Scope of Work and Specific Conditions for Catering Contract:
(Terms and conditions forming part of catering contract)
1) Canteen Facility in general (15th floor) :
i) Morning snacks and Tea/Coffee (self-service)
ii) Lunch (Self-service)
iii) Evening snack and Tea/Coffee (self-service)
Expected quantity :
i) Approximately 240 lunches per day
(Existing quantity is 240-280 lunches per day)
ii) Approximately 2000 snacks per day
(Existing quantity is around 2000-2200 snacks per day)
iii) Approximately 1000 cups Tea/Coffee per day
(Tea/Coffee numbers are counted as half of the total snacks
consumption per day)
(The numbers mentioned above are indicative and may increase or decrease
depending upon the requirement)
2) The lunch, snacks & tea/coffee will be served to the staff members daily
on all Banks’ working days. The contractor will be liable for penalty for its
inability to serve lunch, snacks & tea/coffee on any working day unless
the reasons are beyond his control. The amount of penalty would be
decided by IDBI Bank on each occasion and will be final, conclusive and
binding.
3) Besides lunch to staff, the contractor shall also serve two times (morning
and evening) snacks and tea/coffee to all staff members. Bidders shall,
therefore, bid for serving tea/coffee, snacks and lunch as per the format
for Financial bid (Annexure – IV)
4) Menu for the week will be fixed by Canteen Committee/ DGM (Catering)
and will be changed from time to time.
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5) The quality of articles of food and beverage, and provisions shall be of
good standard and be purchased from approved vendors. Masalas and
other spices shall be branded and should have FPO registration. The
Bank's authorized representatives will have authority to inspect such
articles of food and provisions and will have full powers to order
discontinuance of use of such articles of food and provision, which are
found to be of unsatisfactory standard and on grounds of hygiene.
6) IDBI Bank will provide the contractor kitchen equipment, fans,
refrigerator, water cooler, crockery, cutlery, vessels/utensils, water,
electricity, furniture and fuel. No charges will be levied by IDBI Bank for
these items. The contractor shall ensure minimum breakage / pilferage of
the articles.
7) The contractor shall keep the usage of water and electricity to a reasonable
level.
8) The Contractor shall have to furnish the Bank, a Performance
Guarantee in the tune of 3 months billing upfront at the time of signing
of the contract; which will be applicable during the currency of the
contract. The Performance Bank Guarantee should be valid for a period
of (contract period + 6 months claim period) from the date of expiry of
the Contract period i.e. --------years from the date of issue of LOI/PO
and the claim period should be for 6 months or 180 days.
9) The Contractor shall be responsible for taking good care of all equipment,
utensils, etc. The contractor shall bring to the notice of IDBI Bank, the
repairs and maintenance work that are required to be undertaken from
time to time. If any repairs of the equipment are to be made on account of
mishandling/negligence of the workmen, except normal wear and tear,
the said items shall be repaired by the Contractor at his cost.
10) Tender/bid which do not fulfil all or any of the IDBI Bank’s terms &
conditions and/or incomplete in any respect are liable to be rejected
summarily without assigning any reasons. Any discrepancies,
queries/clarifications w.r.t. tender may be brought to the notice of Bank’s
officials during Pre-Bid meeting to get necessary clarifications in the
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matter. Banks shall not be responsible if any discrepancies, omission,
ambiguities in the tender format or any doubts are brought to the notice of
Bank after pre-bid meeting. Queries may be sent on the e-mail id
[email protected] and [email protected] on or before 6:00
pm of previous day of pre-bid meeting as mention in point no.11.
11) A Pre-Bid meeting has been scheduled on September 30, 2020 at 11.00 AM
through Video Conference to enable the bidders to understand the scope
of work and services to be provided. The prospective bidders may visit
the 15th Floor, Kitchen and Staff Canteen area with prior permission of the
IDBI Banks’ competent authority (if required).
12) The bidder should deploy sufficient manpower to cater to IDBI Bank’s
requirement.
13) The Contractor shall maintain inventory of the items given to him and
give inventory statement by 5th of every month indicating any
breakage/loss of the items provided. Breakage should be kept to
reasonable level. If breakage takes place due to regular usage, the
Contractor will pay 25% of the cost in respect of such breakage. Cost of
any items missing and breakage due to negligence / mishandling will be
recovered from the Contractor fully.
14) The Contractor shall be responsible for maintaining the entire dining area
on the 15th floor (kitchen, stores, dining hall(s) service area, toilets,
utensils, etc. and also the lift lobbies, cross lobbies, etc. spotlessly clean at
all times. The crockery, cutlery, furniture and utensils used in the
preparation and serving of food shall always be in clean and hygienic
condition. The kitchen shall remain open at all times for inspection to the
duly authorized representatives of IDBI Bank.
15) Utensils, plates, spoons etc. to be cleaned properly. Canteen staff in staff
canteen should wear hand gloves and caps covering hair and proper
uniform. Water / Food serving staff should not be deployed for cleaning
activities and vice-versa.
16) It will be the responsibility of the Contractor to store the material
purchased by him in a neat, tidy and hygienic manner in the space
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provided by IDBI Bank. The security of such material will be the sole
responsibility of the Contractor.
17) The authorized representatives of IDBI Bank shall check the quality and
quantity of the items supplied and served. Complaints received from the
staff on quality of food (including stale food) will be viewed seriously and
penalty will be levied in such cases. The penalty could be the cost of entire
food items prepared on the date of complaint.
18) Vegetarian and non-vegetarian cooking shall be done separately.
19) The Contractor on daily basis shall do the disposal of leftover foods and
other garbage on daily basis at regular intervals to the satisfaction of IDBI
Bank.
20) Necessary guidelines issued by Government/statutory bodies with
regards to use of plastic have to be adhered to by the successful contractor.
21) The Contractor shall employ adequate staff to ensure consistent quality of
service. Such staff shall include Chef, Assistant Chefs, Kitchen Helpers,
Waiters, Dining Hall helpers, cleaning staff, etc. Contractor should ensure
deployment of healthy personnel for catering services. Any person found
with any communicable disease shall not be allowed to engage for
providing catering services in IDBI Bank.
22) The food served shall be periodically sent to Govt. approved Laboratories
for quality check. The contractor shall take suitable corrective steps based
on the observations indicated in the test reports.
23) Applicable taxes will be deducted at source at the time of settlement of
bills unless the Contractor produces the certificate to the contrary from the
Income Tax authorities. TDS certificate will be issued.
24) Payments to the Contractor will be made fortnightly on the basis of
number of lunches and snacks & tea/coffee availed by staff on each day.
25) IDBI Bank reserves the right to terminate the contract at any time during
the currency of the contract period by giving 30 days’ prior notice in
writing without assigning any reason therefor. The contractor, however,
shall have to intimate to IDBI in advance by giving three months’ notice in
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writing assigning reason for such early termination in case he/she decides
to stop services.
26) Payment shall be made within 15 days from the date of submission of bills
along with the copies of relevant documents such as certification from
Catering Section for actual numbers of lunches/snacks consumed,
Compliance Certificate as per Annexure-VII, No dues Certificates as per
Annexure-VIII and documentary proof of monthly statutory remittances
viz. Provident Fund ECR & challans, Employees State Insurance challans
& contribution history and other such statutory payments for the previous
month. The billing for lunch, snacks and tea/coffee will be done
fortnightly on actual consumption basis.
27) It will be the sole responsibility of the contractor to clean the floor, service
area, kitchen, lift lobby, cross lobbies, toilets and the utensils of the 15th
floor and keep the entire floor neat and clean and in hygienic condition
every day.
28) The contractor should have license/permit/approval, etc. from the
concerned statutory authority or any other authority concerned for
carrying out this type of work. Further, the Contractor shall obtain all the
requisite licenses including under Prevention of Food Adulteration Act,
1954/2006 and Contract Labour (Regulation & Abolition) Act, 1970 and
rules frames hereunder and under other applicable laws issued by the
concerned Labour Department for running the establishment, BMC, Fire
Licenses etc. for the Kitchen and Lounge Area are required to be furnished
within 3 months of awarding of the contract. Failing which, payment will
be withheld for the subsequent month. Necessary “Statutory Fees” for
acquiring the license in favour of IDBI Bank will be reimbursed by the
Bank. IDBI Bank shall not be responsible in any way for any breach by the
Contractor of the rules and regulations governing the running of such
establishments.
29) The contractor shall obtain fire safety license of the kitchen area from the
statutory authorities. The contractor should follow all the hygiene
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guidelines and precautions issued by local authorities in respect of
COVID-19 and other contagious diseases.
30) The contractor shall obtain fire safety license of the kitchen area from the
statutory authorities.
31) The Contractor shall maintain the Registers/Challan copies as under:
(I) Under Contract Labour (Regulation and Abolition) Act, 1970
a) License under CLRA
b) Attendance Register
c) Wage Register
d) Over-time Register
e) Advance Register
f) Register of Deduction for Damage & Loss
g) Register of Fine
h) Accident Register
(II) Under PF/ESIC/MLWF Act
i) Photo copies of PF/ESIC Monthly Challans (from the beginning of
the contract)
j) MLWF Challans (from the beginning of the contract)
k) Agreement copy with the Bank
(III) Under Minimum Wages Act, 1948
Minimum wages to all employees of the agency/ contractor as
prescribed by Central Govt. Minimum wages issued by CLC, New
Delhi.
32) The Contractor shall indemnify and keep indemnified, defend and hold
good IDBI Bank, its officers, directors, employees, representatives and
agents against loss, damages or claims arising out of any violations of
applicable laws, regulations, guidelines during the contract period and
for the breach committed by the contractor or their services personnel on
account of misconduct, omission and negligence by the contractor or his
service personnel.
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33) The successful bidder/contractor will be required to enter into an
Agreement/Contract as per the format given by IDBI Bank on a stamp
paper of requisite amount within 7 days from the date of acceptance of the
offer or any other date as decided by IDBI Bank. The failure, delay or
evasion on the part of the successful bidder to execute the
Agreement/Contract within the stipulated period mentioned above will
result in forfeiture of the EMD.
34) The Contractor shall maintain and provide all necessary documentation,
registers and records in connection with the performance of catering
services and other related documents including for complying with any
statutory requirements and provisions of applicable laws.
35) The Contractor shall take all precautionary measures to ensure the safety
of the workmen employed by it and IDBI Bank will not be responsible in
case of any eventuality.
36) In the case of any labour problems related to the workmen staff of the
Contractor deployed in IDBI Tower, the same shall be settled at the
Contractor’s end only. The Contractor shall indemnify IDBI Bank suitably.
It shall be the duty of the Contractor to clearly inform his own personnel /
staff that they shall have no claim whatsoever against IDBI Bank and they
shall not raise any industrial dispute, either directly and / or indirectly,
with or against IDBI bank, in respect of any of their service conditions or
otherwise.
37) The Contractor shall register with Registrar of the concerned Central Govt.
and shall abide by State Labour/Government of India (Ministry of
Labour) rules and regulations and all other Statutory Acts/Regulations
and rules relevant to this contract including Works Contract Act,
Minimum Wages Act, Provident Fund Act, ESI etc. and shall indemnify
the principal employer (IDBI Bank Limited) against and damages arising
out of the default on the part of Contractor due to negligence or non-
compliance of any of the aforesaid rules, regulations, etc., laid down by
the Government, Statutory authorities Regulations and other Government
bodies, if any, from time to time.
20
38) The Contractor shall appoint adequate staff and a Manager as overall in-
charge of catering services. The Contractor shall ensure that the workmen
staff in catering are suitably trained, well mannered and wear appropriate
uniforms while serving in the canteen. The Contractor shall provide the
uniform along with hand gloves for serving, at their cost.
39) The Contractor shall arrange to issue Identity Cards to all his staff, which
has to be produced for inspection as and when required by IDBI Bank.
40) The Contractor shall ensure:
a. That all instructions, guidelines and specifications issued to the
Contractor by IDBI Bank are clearly and effectively communicated by
the Contractor to its employees and personnel;
b. That all instructions, guidelines and specifications are strictly adhered
to by the employees and personnel of the Contractor so that reputation
of IDBI Bank is not damaged.
c. That no action taken by the Contractor and / or its employees and /or
personnel shall violate laws and regulations.
41) The Contractor shall ensure that there is regular rotation of the employees
/ personnel engaged by him for the purposes of this Contract so that no
employee shall be engaged under this Contract on any work related to
IDBI Bank for a period of more than six months.
42) The Contractor shall not employ the services of any sub-contractor directly
or indirectly for the purposes of catering services pursuant to this
Contract.
43) Any dispute between the Contractor and IDBI Bank, which cannot be
settled by negotiation, may be resolved exclusively by arbitration and such
dispute may be submitted by either party to arbitration within 30 days of
the failure of negotiations. IDBI Bank shall appoint Sole Arbitrator and the
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 arbitration
proceedings shall be conducted in the English language. Subject to the
above, the courts of law at Mumbai alone shall have the jurisdiction in
21
respect of all matters connected with the Contract. The arbitration award
shall be final and binding. The Contractor shall not be entitled to suspend
the provision of the catering services, pending resolution of any disputes
and shall continue to render the catering services in accordance with the
provisions of the contract notwithstanding the existence of any dispute
between the Contractor and IDBI Bank or the subsistence of any
arbitration or other proceedings.
44) The contract shall be governed by and construed in accordance with the
laws of India and the Courts in Mumbai shall have the exclusive
jurisdiction to try any suit, proceedings in connection therewith / in that
behalf.
45) The successful contractor must have/has to open a fresh account with the
specified Branch of IDBI Bank Ltd. for covering all transactions relating to
all our operation with IDBI Bank Ltd. throughout the period of contract.
I/We have read the terms and conditions and are acceptable to me/us.
- Signature of the authorized person:
……………………………………………..
- Name of the signatory
(……………………………………………)
(in block capital letters) :
- Status of the signatory i.e.
Proprietor/partner:
………………………………………………
- Date: ………………………………………………
- Address of the bidder :
- Telephone no/s :
………………………………………………..
- Bidders’s Seal
22
ANNEXURE- IV
Tender for providing catering services for Staff Canteen at Bank’s
Corporate Office, Mumbai
Format for Financial Bid
The bidders should quote rates exclusive of GST as under:
Sr. no. Description Rate
(excluding
GST)
Quantity
(Approx.)
Amount (Rs.)
(excluding
GST)
A Lunch as per
menu given
Rs._________
Per plate
240
B Snacks as per
menu given
Rs._________
Per plate
2000
C Tea / Coffee @ Rs._________
Per cup
1000
Total (A+B+C) for arriving at L1 (Excluding GST)
@ One quote may be given for tea / coffee (combined) taking average
cost.
@ GST as applicable will be paid extra on actual
Notes:-
a) Lunch for approx. 240 staff members, Snacks for approx. 2000 staff members & tea/coffee for approx. 1000 staff members shall have to be provided. The numbers mentioned above are indicative and may increase or decrease depending upon the requirement and no claim of rate change will be entertained by the bank for any increase or decrease in number of lunch/snacks/Tea & Coffee. Payments to the Contractor will be made fortnightly on the basis of number of lunches, snacks & tea/coffee availed by staff members on each day.
b) For ranking of financial bids total tendered cost shall be computed on
the basis of (a) rate quoted for lunch by the bidder multiplied by
approximate number of daily (240) lunch plus (b) rate quoted by the
bidder for snack multiplied by (2000) snacks plus (c) rate quoted by the
23
bidder for Tea/ coffee multiplied by approximate number (1000) of
tea/ coffee cups consumed daily. The bidder with the lowest total cost
so computed [i.e. (A) + (B) + (C)] shall qualify as L1. In the unlikely
event of a tie between / among the bidders, fresh spot quotations shall
be invited from the bidders whose tendered costs are tied and ranking
will be decided.
c) The contractor is expected to quote his rates for lunch, snacks as well as
tea/coffee. Bids received for only one item will be rejected.
d) In case of miscalculation furnished by the bidder for total one day cost, per unit rate will be taken as the correct quote and total cost for one day will be corrected accordingly.
e) The numbers mentioned above are indicative and may vary.
******
24
ANNEXURE – V
EXPERIENCE CERTIFICATE
TO WHOMSOEVER IT MAY CONCERN
This is to certify that (Name of Bank/Company/Firm/LLP),
HO/Branch/Circle Office, Mumbai has awarded canteen contract to
M/s.________________________________ from ____________ to
______________. They had served lunch to __________ (no. of employee) per
day at ______________, HO/Branch/Circle office, Mumbai. The annual total
billing is approximately Rs.__________/per annum. Their performance has
been found to be satisfactory/good/very good/excellent.
(Authorized Signatory of Bank/Company
/Firm/HO/Branch/Circle Office)
25
ANNEXURE - VI
(A) SNACKS (On Bank working days approximate 2000 daily)
(Two snacks items may be served in the morning and two in the evening)
V E G E T A R I A N
S.N. Item Quantity
(per plate
snacks)
Weight
1 Idli Sambar with Chatni 2 pieces 80 gms
2 Wada Sambar 2 pieces 70 gms
3 Vegetable Samosa 2 pieces 80 gms
4 Punjabi Samosa 2 pieces 80 gms
5 Upma, Upma(Tomato), Upma (Coconut), Upma
(peas)
75 gms
6 Sabudana Wada 2 pieces 75 gms
7 Potato Wada 2 pieces 80 gms
8 Potato Poha 70 gms
9 Vegetable Pattice 2 pieces 80 gms
10 Vegetable Cutlet 2 pieces 80 gms
11 Sweet Kachori 2 pieces 80 gms
12 Bhajiya 75 gms
13 Sheera 70 gms
14 Dalwada 2 pieces 80 gms
15 Mysore Bonda 2 pieces 80 gms
16 Potato Puri 2 pieces 70 gms
17 Dahi Wada 2 pieces 80 gms
18 Ragda Pattice 80 gms
19 Puri Bhaji 80 gms
26
20 Masala Dosa 100 gms
21 Sada Dosa, Rawa Dosa, Methi Dosa 70 gms
22 Onion Uttapam, Peas Uttapam 70 gms
23 Tomato Omlet with single slice of bread 80 gms
24 Vegetable Sandwich 2 slices
25 Sevpuri/Panipuri 1 plate
26 Misal 1 Plate
27 Bhel (Dry/Wet)
28 Potato Toast 2 slices
29 Bread Roll 1 piece
30 Pav Bhaji 2 Pav
31 Bread Pakoda 2 pieces
32 Rasam wada 2 pieces
33 Bread Butter (On daily basis) 2 pieces
34 Bread Jam (On daily basis) 2 pieces
35 Veg Sandwich (On daily basis) 2 pieces
N O N – V E G E T A R I A N
1 Omlet, (Single with two bread slices) (On daily
basis)
Single 100 gms
27
(B) LUNCH (Bank working days) – Approximately 240 daily
VEGETARIAN
S. N. Item
1 Rice (dobar Basmati)
2 Dry Bhaji
3 Vegetable Bhaji (Gravy)
4 Dal
5 Curd
6 Puris / Parathas / Chapatis
7 Papad
8 Pickle
9 Sweet / Fruit
* Desert 40 gms
NON – VEGETARIAN
S. N. Item
1 Mutton/Fish/Chicken
2 Rice (dobar Basmati)
3 Vegetable Bhaji (Gravy)
4 Dal
5 Curd
6 Puris / Parathas / Chapatis
7 Papad
8 Pickle
9 Sweet / Fruit
* Desert 40 gms
28
Indian Mughalai dish/Chinese/Continental/Regional food may be served
once in a week. Chicken Biryani/Mutton Biryani (Basmati) may be served
once in a fortnight. Chinese & South Indian dishes may be served once in a
month.
Non Veg. menu pattern will be as under-
- Mutton to be served once in a week
- Chicken to be served two times in a week
- Fish to be served two times in a week
- Egg to be served once in a week
Apart from menu indicated above a side dish as salad/ pakoda / dhokla etc.
to be served. Sweet/ice-cream which is outsourced should be from well-
known brand approved by the Bank’s Catering Dept.
CARE
(i) For Bread preparations: – Bread of Wibs brand and Butter of standard
brands like Amul & Britannia to be used.
(ii) For preparation of Snacks & Lunch:- Refined oil like Sundrop, Godrej,
Dhara, Sunlite, Ruchi, Gemini, Priya etc. brands to be used.
(iii) For preparation of sweets: - Ghee like Dalda, Amul, Gowrdhan brands
to be used.
(iv) The number of lunches, snacks, tea/coffee in quoted above is
indicative and may vary.
Fasting Lunch: Fasting lunch on fast day will be served to him/her.
Apart from menu indicated above, adequate quantity of tooth pick and souf
has to be kept on centre table and paper napkin will be supplied to each diner.
******
29
ANNEXURE VII
(On letter head)
Ref. No. Date:
To,
Branch Head/Centre Head IDBI Bank Ltd., .......... ........
Dear Sir,
Compliance Certificate for the month ended ................., 2020
Please refer to the Service Level Agreement executed on _______ [the
Agreement] with IDBI Bank in respect of the services stated in the Agreement, extension granted up to ___________ and other correspondence in respect thereof.
We, ___________, a company/partnership firm/LLP/proprietorship firm incorporated and registered under the Companies Act, 1956 /respective
act and having its registered office at [] hereby confirm to you, as on date hereof, that we have:
(a) complied with the applicable Labour and Industrial laws; (b) made all statutory payments which are required to be paid as per
applicable laws to/for the personnel deployed at your office including Payment of Minimum wages, Overtime, (If applicable), Remittance towards Employees provident Fund & ESIC and there are no outstanding payment liabilities or obligations by us to any employees / personnel deployed at your premises.
(c) not breached any terms and conditions of the Agreement or provisions of the applicable laws. Further to above, we shall make the payment towards Bonus and
Gratuity to our employees deployed at your premises as and when it becomes due/on expiry of agreement/on termination of agreement whichever is earlier.
Enclosed herewith proof of all statutory payments made for the month of ______ 2020 for your reference.
For _____________
Authorised Signatory
Encl: As above
******
30
ANNEXURE VIII
(On letter head)
Ref.No. Date:
To,
Branch Head/Centre Head IDBI Bank Ltd., .......... Dear Sir,
No Due Certificate - Client Service Agreement dated ...........
Please refer to the Service Level Agreement executed on _______ [the
Agreement] with IDBI Bank in respect of the services stated in the
Agreement/Extension granted up to ____________ vide letter dated
__________/Termination Letter dated__________ and other correspondence
in respect thereof.
We, ___________, a company/partnership firm/LLP/proprietorship firm
incorporated and registered under the Companies Act, 1956 /respective act
and having its registered office at [] hereby confirm to you that as on date we
have:
(a) complied with all applicable laws including labour laws and industrial
laws;
(b) made all statutory payments which are required to be paid as per
applicable laws to/for the personnel deployed at your office including
Payment of Minimum wages, Overtime, (If applicable), Remittance
towards Employees Provident Fund & ESIC for the aforesaid
agreement period to our employees deployed at your premises.
(c) made the payment of Bonus and Gratuity for the aforesaid agreement
period to our employees deployed at your premises.
(d) not breached any terms and conditions of the Agreement or provisions
of the applicable laws.
31
That as on date, there are no outstanding liabilities or obligations by us to
any of our employees / personnel deployed at your premises under all
applicable laws including labour laws and industrial laws
We further confirm to you that, as on date hereof:
(a) We have not violated or not in receipt of any notices, letters, alleging
breach of Agreement or contract;
(b) We shall maintain confidentiality of data/information available with
us as per the terms of agreement and shall return the same to you
forthwith or shall destroy the same in accordance with the instructions
given by your officials and shall furnish evidence of such destruction
to your satisfaction;
(c) There are no suits, litigations or arbitration proceedings / conciliation
proceedings or prosecutions filed or pending or initiated against us
involving any claim, demand, liability whatsoever arising out of the
Agreement by any of the personnel or by any statutory or
governmental authority.
(d) We shall preserve and maintain the information and documents which
are required and agreed to be maintained by us in accordance with the
Agreement and shall make the same available to you for the purposes
of audit or as may be required by RBI;
(e) We shall cooperate with you in case of any litigation or prosecution
initiated against you and shall not admit any claim or liability without
your prior consultation and shall defend such litigations /
prosecutions to protect the interest of the Bank.
For...........................
(Name of signatory)
Managing Director/Proprietor/Partner
Encl: As above
32
Annexure - IX
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 the services of catering
(_____________________) and BIDDER/ Seller is willing to offer/ has offered the same
to the Principal.
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
33
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 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
34
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 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.
35
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
impinge on anti- corruption principle.
4. Previous Transgressions
4.1 The BIDDER declares that no previous transgression occurred in the last three
36
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 in favour 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.
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
37
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
38
this Pact has been committed by the BIDDER shall be final and conclusive on the
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 (Names and Addresses of the Monitors to be given).
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 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
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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 viz. Mumbai.
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
5 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 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___________.
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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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