bank of india · pre–bid meeting (online) 10 am to 5:00 pm on december 30, 2019 address: bank of...

REQUEST FOR PROPOSAL (RFP)

(Reference No. HO:L&DD:RFP:587, Dated 18.12. 2019)

(PART - A )

BANK OF INDIA

FOR APPOINTMENT OF CONSULTANT FOR CONDUCTING

DEVELOPMENT CENTRE FOR SENIOR EXECUTIVES OF THE BANK

Event No. BOI/BKC/5/19-20/ET/7 Bank of India, Head Office, Star House C-5, G-block, Bandra-Kurla Complex Mumbai, 400 051 Tel No: 022- 6668 4700

Ref. No. HO:L&DD:RFP:587 Dated:18.12.2019

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Appointment of Consultant for conducting Development Centre for Senior Executives of the Bank of 41

REQUEST FOR PROPOSAL (RFP) FOR CONDUCTING DEVELOPMENT CENTRE FOR SENIOR EXECUTIVES OF THE BANK

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Key Information on the RFP Response Submission

Particulars Timeline

Event no. BOI/BKC/5/19-20/ET/7

RFP Issuance Date 24-12-2019

RFP Coordinator Name: Shri Iswar Chandra Mishra General Manager (HR) Address: Bank of India Head Office, Star House C-5, G-block, Bandra-Kurla Complex, Mumbai, 400 051 Tel No: 022-66684700

Telephone +91 22 66684700

E mail id [email protected]

Pre–bid Meeting (online) 10 am to 5:00 pm on December 30, 2019 Address: Bank of India Head Office, Star House C-5, G-block, Bandra-Kurla Complex, Mumbai, 400 051

Opening Date and Time for RFP submission Last date and time for receipt of RFP response

10.00AM on 31.12.2019 3:00 PM on 20.01.2020

Time and Date of Opening of Technical Bids 3:30 PM on 20.01.2020

Time and Date for Technical Presentations Will be communicated subsequently by the Bank

Time and Date for Opening of Commercial Bids Will be communicated subsequently by the Bank

Address for Response Submission Bank of India Head Office, Star House C-5, G-block, Bandra-Kurla Complex, Mumbai, 400 051. India

Application Money INR 2,000/- (Rupees Two Thousand Only)

Transaction fee of MSTC 0.05% of Rs.2.83 crores-(Estimated value of the tender) Important instruction to the bidder: Bidders have to pay transaction fee using link “transaction fee payment” available in your login using NEFT/RTGS, through challan or using credit card/debit card/net banking etc.

mailto:[email protected]


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Definitions of terms used in the RFP :

Following terms are used in the document interchangeably to mean:

‘Assignment’ means the work to be performed by the selected Bidder pursuant to the Contract.

‘Bank’ or ‘BOI’ means Bank of India (Overseas/ International operations, Indian subsidiaries, Associate Banks & Regional Rural Banks are excluded).

‘Day’ means calendar day.

‘Recipient’, ‘Respondent’, ‘Consultant’ and ‘Bidder’ mean interested and eligible applicants responding to this RFP document.

‘Branch’ and ‘Branches’ means any office/ branch of the Bank where employees of the Bank are posted.

‘RFP’ means this Request for Proposal document.

Words ‘Technical Consultant’ and ‘Consultant’ carry the same meaning.

Selected Bidder and Bank shall be individually referred to as ‘Party’ and collectively as ‘Parties’.

“Successful/ Selected Bidder” means the Bidder selected as the successful Bidder by the Bank in accordance with this RFP

‘Proposal’/ ‘Bid’/ ‘Tender’ means Response to this RFP document.

‘IHRF’ means Integrated Human Resources Framework.

CONFIDENTIALITY

This document is meant for the specific use by Organisations interested to participate in the current RFP process. This document in its entirety, is subject to Copyright Laws. Bank of India expects the Bidder or any person acting on behalf of the Bidder to strictly adhere to the instructions given in the document and maintain confidentiality of information. The Recipient will be held responsible for any misuse of information contained in the document, and will be liable to be prosecuted by the Bank in the event that such a circumstance is brought to the notice of the Bank. By virtue of issuance of this RFP document, the Recipient is subject to the confidentiality clauses.


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Important Instructions for E-Tender

Bidders are requested to read the terms & conditions of this tender before submitting your online tender.

1. Process of E-Tender :

A) Registration: The process involves Bidder’s registration with MSTC E-Procurement portal which is free

of cost. Only after registration, the Bidder(s) can submit his/ their Bids electronically. Electronic Bidding for submission of Technical Bid as well as Commercial Bid will be done over the internet. The Bidder should possess Class III signing type digital certificate. Bidders have to make their own arrangement for bidding from a P.C. connected with Internet. MSTC is not responsible for making such arrangement. (Bids will not be recorded without Digital Signature).

SPECIAL NOTE: THE TECHNICAL BID AND COMMERCIAL BID HAVE TO BE SUBMITTED ON-LINE AT http://www.mstcecommerce.com/eprochome/boi

Bidders are required to register themselves online with www.mstcecommerce.com → e- Procurement →PSU/Govt depts→ Register as Bidder under BANK OF INDIA -- Filling up details and creating own user id and password→ Submit.

Bidders will receive a system generated mail confirming their registration on their email which has been provided by them in their registration forms.

In case of any clarification, please contact BANK OF INDIA / MSTC, (before the scheduled time of e- tender).

Contact person (BANK OF INDIA )

Name: Shri Iswar Chandra Mishra General Manager- HR Tel:022-66684700 e-mail ID : [email protected]

Contact person (MSTC Ltd): MSTC HELPDESK NUMBER FOR BIDDERS: 033-22901004

For any technical queries please contact on Ph No. : 022-22870471 or below named officials of MSTC:

1. Name: Ms. Archana Juneja 2. Name: Ms. Rupali Pandey M-9990673698 M-9458704037 e-mail: [email protected] e-mail: [email protected] B) System Requirement:

i) Windows 7 and above Operating System. ii) IE-7 and above Internet browser. iii) Signing type digital signature. iv) Latest version of JRE 8 (x86 offline) software to be downloaded and installed in the system.

Internet Explorer settings: a) Go to Tools→Internet Options→ Click on Security Tab Disable protected Mode if enabled – i.e. Remove the tick from the tick box mentioning “Enable Protected Mode” b) Other Settings: Tools Internet Options General Click on Settings under “browsing history/Delete Browsing History” Temporary Internet Files Tick “Every time I visit the Webpage”. Enable ALL “active X controls and plugins” and disable ‘use pop up blocker’ under Tools Internet Options —>Custom Level. 2. The Techno-Commercial Bid and the Price Bid shall have to be submitted online at

https://www.mstcecommerce.com/eprochome/boi and will be opened electronically on specified date and time as given in the Tender. 3. All entries in the tender should be entered in online Technical & Commercial Formats without any

ambiguity.

http://www.mstcecommerce.com/eprochome/boi

http://www.mstcecommerce.com/




https://www.mstcecommerce.com/eprochome/boi


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4. Special Note Towards Transaction Fee:

It is to be paid using link “Transaction Fee Payment” available in your login which gets authorized

automatically by the system. No manual intervention is available in case of authorization of payment.

Transaction fee is non-refundable:

A vendor will not have the access to online ne-tender without making th payment towards transaction fee.

NOTE:

Bidders are advised to remit the transaction fee well in advance before the closing time of the event, so as to

give themselves sufficient time to submit the bid.

5. Information about tenders/corrigendum uploaded shall be sent by automated emails only during the

process till finalization of the tender. Hence the vendors are required to ensure that the email ID provided is

valid and updated at the time of registration of vendor with MSTC. Vendors are also requested to ensure

validity of their DSC (Digital Signature Certificate) as well.

6. E-Tender cannot be accessed after the due date and time mentioned in NIT.

7. Bidding E-Tender:

a) Vendor(s) needs to submit necessary EMD and Transaction fees (if any) to be eligible to bid online in

the e-tender. Transaction fees are non-refundable. No interest will be paid on EMD. EMD of the unsuccessful

vendor(s) will be refunded by the tender inviting authority.

b) The process involves Electronic Bidding for submission of Technical and Commercial Bid.

c) The Vendor(s) who have submitted transaction fee can only submit their Technical Bid and Commercial

Bid through internet at MSTC website www.mstcecommerce.com e-procurement—PSU/Govt.

Depts.Login under MSTC ? My MenuAction Floor Mgr.-->Live eventsSelection of the live event.

d) The vendor should allow running JAVA application. This exercise has to be done.

http://www.mstcecommerce.com/


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INDEX OF CONTENTS

KEY INFORMATION ON RFP RESPONSE SUBMISSION 2 DEFINITION OF TERMS USED IN RFP 3 CONFIDENTIALITY 3 IMPORTANT INSTRUCTIONS FOR E-TENDER 4

SECTION – I 1. INTRODUCTION 8 2. INFORMATION PROVIDED 8 3. CONFIDENTIALITY 8 4. DISCLAIMER 8 5. COSTS BORNE BY RESPONDENTS 9 6. NO LEGAL RELATIONSHIP 9 7. RECIPIENT OBLIGATION TO INFORM ITSELF 9 8. EVALUATION OF OFFERS 9 9. ERRORS AND OMISSIONS 9 10. ACCEPTANCE OF TERMS 9 11. RFP RESPONSE TERMS 9 12. DISQUALIFICATION 12 13. PROCESS & TIMEFRAME 12 14. PRE-CONTRACT INTEGRITY PACT 13 SECTION - II 1. PROJECT SCOPE 14 2. DELIVERABLES 15 3. TIMELINE 16 4. RESOURCES 16

SECTION – III 1. ELIGIBILITY CRITERIA 17 2. SUBMISSION OF BIDS 18 3. CLARIFICATIONS 19 4. FORMAT OF BIDS 19 5. SELECTION AND EVALUATION PROCESS 19

5.1 EVALUATION OF TECHNICAL BID 19 5.1.1 TECHNICAL EVALUATION CRITERIA 20 A. FULFILLMENT OF BASIC ELIGIBILITY CRITERIA 20 B. SHORTLISTING OF THE FIRMS 20

C. PRESENTATION-CUM-INTERVIEW 20 D. TECHNICAL EVALUATION CRITERIA 20 E. STAGES OF TECHNICAL EVALUATION 21

5.2 COMMERCIAL BID EVALUATION 22 5.3 COMBINED TECHNO-COMMERCIAL EVALUATION 22

6. PRICE TIE WITH THE SELECTED BIDDER 23 7. GENERAL TERMS AND CONDITIONS 23

7.1 TERM OF ASSIGNMENT 23 7.2 ADHERENCE TO TERMS AND CONDITIONS 23 7.3 EXECUTION OF PA/NDA AND CERTIFICATE OF ORIGINALITY 23 7.4 PERIOD OF CONTRACT 23 7.5 OTHER TERMS AND CONDITIONS 23

8. WORK SPACE/STAFF MEMBERS REQUIRED FOR CARRYING OUT ACTIVITIES 24 9. SUBSTITUTION OF PROJECT TEAM MEMBERS 24

10. PROFESSIONALISM 24 11. ADHERENCE TO STANDARDS 24 12. PAYMENT TERMS 24 13. CHARGES TERMS 25 14. SINGLE POINT OF CONTACT 25 15. APPLICABLE LAW AND JURISDICTION OF COURT 25 16. PENALTY AND LIQUIDATED DAMAGES 25 17. FORCE MAJEURE 25 18. AUTHORISED SIGNATORY 26 19. INDEMNITY 26 20. PERFORMANCE GUARANTEE 26 21. RIGHT TO REJECT BIDS 26 22. ASSIGNMENT 26 23. NON-SOLICITATION 26 24. NO EMPLOYER-EMPLOYEE RELATIONSHIP 27 25. VICARIOUS LIABILITY 27 26. CANCELLATION OF CONTRACT AND COMPENSATION 27 27. DISPUTE RESOLUTION 28 28. LIMITATION OF LIABILITY 28


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29. INDEMNITY 29 30. CONFIDENTIALITY 29

ANNEXURE - A CONSULTANT ORGANIZATION PROFILE AND EXPERIENCE 31 ANNEXURE - B RELEVANT EXPERIENCE 31 ANNEXURE - C APPROACH, METHODOLOGY AND WORK PLAN 32 ANNEXURE - D (a) PROPOSED TEAM PROFILES 32 ANNEXURE - D (b) STAFFING SCHEDULE 32 ANNEXURE - E LETTER TO THE BANK ON THE COMPANY’S/ FIRM’S LETTER HEAD 33 ANNEXURE - F FORM OF SELF AFFIDAVIT / DECLARATION 33 ANNEXURE - G COMMERCIAL BID FOR CONSULTANT FOR DEVELOPMENT CENTRE IN THE BANK` 34 ANNEXURE - H PRE-CONTRACT INTEGRITY PACT 35 ANNEXURE - I LIST OF SUGGESTED COMPETENCIES 40 BANK ADDRESS 41


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SECTION – I

1. INTRODUCTION

Bank of India, hereinafter referred to as ‘the Bank’, founded on 7th September, 1906, is a premier Public Sector Bank in India today with an extensive branch network of 5088 branches in 54 Zonal Offices, 5825 ATMs, 8 National Banking Group offices and overseas presence comprising of 22 foreign branches, 5 Subsidiaries and 1 Representative Office and 1 Joint Venture and 1 Management Service Agreement.

Our Bank is issuing this RFP document for implementing a Development Centre.

The objective of the Development Centre is to assess the key competency areas, including relevant skills, traits and behavior of candidates nominated for the programme and communicate it to the Management to provide them with handy information on the candidates. The information would also be communicated to the candidates in the form of IDP(Individual Development Plan) with suggestive steps for enabling them to effectively bridge the

competency gaps.

2. INFORMATION PROVIDED

The RFP document contains statements derived from information that is believed to be true and reliable on the date obtained but does not purport to provide all of the information that may be necessary or desirable to enable an intending contracting party to determine whether or not to enter into a contract or arrangement with the Bank in relation to the provision of services. Neither the Bank nor any of its Directors, Officers, Employees, Agents, Representatives, Contractors, or Advisors give any representation or warranty (oral or written), express or implied as to the accuracy, updating or completeness of any writings, information or statement given or made in this RFP document. Neither the Bank nor any of its Directors, Officers, Employees, Agents, Representatives, Contractors or Advisers have carried out or will carry out an independent audit or verification or investigation or due diligence exercise in relation to the contents of any part of the RFP document.

3. CONFIDENTIALITY

The RFP document is confidential and is not to be disclosed, reproduced, transmitted, or made available by the Recipient to any other person. The RFP document is provided to the Recipient on the basis of undertaking of confidentiality given by the Recipient to the Bank. The Bank may update or revise the RFP document or any part of it. The Recipient acknowledges that any such revised or amended document shall be received subject to the same confidentiality undertaking. The Recipient will not disclose or discuss the contents of the RFP document with any Officer, Employee, Consultant, Director, Agent, or other person associated or affiliated in any way with the Bank or any of its customers or suppliers without the prior written consent of the Bank.

4. DISCLAIMER

Subject to any law to the contrary, and to the maximum extent permitted by law, the Bank and its Directors, Officers, Employees, Contractors, Representatives, Agents, and Advisors disclaim all liability from any loss, claim, expense (including, without limitation, any legal fees, costs, charges, demands, actions, liabilities expenses or disbursements incurred therein or incidental thereto) or damage, (whether foreseeable or not),‘Losses’ suffered by any person acting on or refraining from acting because of any presumptions or information (whether oral or written, express or implied), including forecasts, statements, estimates, or projections


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contained in this RFP document or conduct ancillary to it whether or not the Losses arise in connection with any ignorance, negligence, inattention, casualness, disregard, omission, default, lack of care, immature information, falsification or misrepresentation on the part of the Bank or any of its Directors, Officers, Employees, Contractors, Representatives, Agents, or Advisors.

5. COSTS BORNE BY RESPONDENTS

All costs and expenses (whether in terms of time or money) incurred by the Recipient / Respondent in any way associated with the development, preparation and submission of responses, including but not limited to attendance at meetings, discussions, demonstrations, etc. and providing any additional information required by the Bank, will be borne entirely and exclusively by the Recipient / Respondent. Stamp duty that may be incurred towards entering into agreement with the successful Bidder for awarding the contract will be shared by the Bank and the successful Bidder in equal proportion.

6. NO LEGAL RELATIONSHIP

No binding legal relationship shall exist between any of the Recipients / Respondents and the Bank until execution of a contractual agreement to the full satisfaction of the Bank. The Bank reserves the right to cancel, postpone or withdraw the RFP at any stage.

7. RECIPIENT OBLIGATION TO INFORM ITSELF

The Recipient must apply its own care and conduct its own investigation and analysis regarding any information contained in the RFP document and the meaning and impact of that information.

8. EVALUATION OF OFFERS

Each Recipient acknowledges and accepts that the Bank may, in its sole and absolute discretion, apply whatever criteria it deems appropriate in the selection of organizations, not limited to those selection criteria set out in this RFP document. The issuance of RFP document is merely an invitation to offer and must not be construed as any agreement or contract or arrangement nor would it be construed as material for any investigation or review to be carried out by a Recipient. The Recipient unconditionally acknowledges by submitting its response to this RFP document that it has not relied on any idea, information, statement, representation or warranty given in this RFP document.

9. ERRORS AND OMMISSIONS

Each Recipient should notify the Bank of any error, fault, omission or discrepancy found in this RFP document but not later than five business days prior to the due date for lodgment of response to RFP.

10. ACCEPTANCE OF TERMS

The Recipient will, by responding to the Bank's RFP document, be deemed to have accepted the terms as stated in this RFP document.

11. RFP RESPONSE TERMS

11.1) Lodgment of RFP Response

Lodgment of RFP Response terms shall be guided by point No. 11.2 to 11.6 of Section-I and any changes thereof will not be considered.


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11.2) RFP Closing Date

RFP Response should be submitted not later than 3:00 PM IST on 20.01.2020

At any time prior to the deadline of submission of the Bids, the Bank, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, may modify the RFP, by amendment. Notification of amendments will be posted in the ‘Tender’ section on Bank's website at www.bankofindia.co.in. In order to allow prospective Bidders reasonable time in which to take the amendment into account in preparing the Bids, the Bank, at its discretion, may extend the deadline for a reasonable period.

11.3) Submission to the Bank

The prospective bidders meeting the Bank ’s requirement may submit their e-Tenders (Two Cover System) online at www.mstcecommerce.com/eprochome/ boi. To facilitate the prospective Bidders, detailed process and instructions to participate in MSTC e-Tender portal are provided in Annexure G.

i. The Bid documents consist of two parts. Part A i.e. Technical Bid consists of Terms & Conditions to be complied with, Forms of application, allotment of marks for different parameters, methodology to be adopted for selecting the successful Bidder etc. Part B i.e. Commercial Bid consists of the amount quoted for providing the services. Detailed tender documents consisting of Technical Bid and Commercial Bid are available online at www.mstcecommerce.com/ eprochome/boi and in the ‘Tender’ section on Bank's website at www.bankofindia.co.in.

ii. However, the Bids can be submitted only after depositing an amount of Rs.2,000/-

(Two Thousand only) in favor of Bank of India towards cost of Tender, which is

non-refundable, within the period of Bid submission through NEFT in the following

account : Account No. : 01220SUNCR822 Name of the Bank : Bank of India Branch :Bandra Kurla Complex Branch IFSC Code : BKID0000122 Title of the Account : Collection Account for Estate

An amount of 0.05% of Estimated Tender Value (plus applicable GST) towards Transaction Fee (non-refundable) to MSTC through Transaction fee payment link in the vendor login. For participation, vendors are required to submit the transaction fee payment through link ‘Transaction Fee Payment’ available in their login. For details vendors are required to check Vendor Guide available on login page or URL: http://www.mstcecommerce.com/auctionhome/ RenderFileViewVideo.jsp?file=User-Manual-Vendor.pdf.

iii Last date of submission of tenders is up to 3.00 P.M. on January 20, 2020. Technical Bid will be opened at 3.30 P.M. on the same day i.e. on January 20, 2020.

iii. All the applications will be scrutinized as per the criteria / terms and conditions etc. given in this document. Commercial Bid of only those Bidders who fulfill the criteria, whose offers are found acceptable by Bank’s Selection Committee will be opened.

http://www.bankofindia.co.in/

http://www.mstcecommerce.com/eprochome/%20boi

http://www.mstcecommerce.com/eprochome/%20boi

http://www.mstcecommerce.com/%20eprochome/boi

http://www.mstcecommerce.com/%20eprochome/boi

http://www.bankofindia.co.in/

http://www.mstcecommerce.com/auctionhome/%20RenderFileViewVideo.jsp?file=User-Manual-Vendor.pdf

http://www.mstcecommerce.com/auctionhome/%20RenderFileViewVideo.jsp?file=User-Manual-Vendor.pdf


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The time and date of opening of the Commercial Bid will be intimated subsequently. It will be our endeavour to open the Commercial Bids of valid Bidders at the earliest.

iv. Bank reserves the right to reject any or all the tenders without assigning any reason whatsoever.

v. All the offers submitted by the Bidders will be downloaded and the documents will be screened and short listed by the in-house Committee of the Bank based on the requirement specified and the details submitted by the Bidder, if required by carrying out inspection of the offered details. All such short listed offers will be further inspected and examined by the in-house Committee and will be further evaluated on the qualitative aspects of various parameters. The detailed list and marks assigned to each parameter is given in Section-III.

vi. The proposal should be prepared in English in PDF file. The evaluation of the Bids will be done as per para 5, Section III of this offer document. The Bidders who do not qualify under Technical Bid, as per the evaluation / selection done by the Bank on the criteria specified, will not be considered for opening of Commercial Bid.

11.4) Registering of RFP

The RFP response must contain all documents, information, and details required by this RFP. If submission of response is without all documents and information required or is incomplete, the Proposal is liable to be summarily rejected. All submissions, including any accompanying documents, will become the property of the Bank. The Recipient shall be deemed to have licensed and granted all rights to the Bank to reproduce the whole or any portion of their submission for the purpose of evaluation, to disclose the contents of the submission to other Recipients who have registered a submission and to disclose and/or use the contents of the submission as the basis for any resulting RFP process, notwithstanding any copyright or other intellectual property right of the Recipient in the submission or accompanying documents.

11.5) RFP Validity Period

RFP responses will remain valid and open for evaluation according to the terms for a period of at least six (6) months from the RFP closing date. The Bank shall have the right at its sole and absolute discretion to continue the assignment/contract on the consultant for future requirement on the rates finalised in this processing for various items / activities as described in the Commercial Bid, or at the price negotiated thereafter, after expiry of current assignment period. In exceptional circumstances, the Bank may solicit the Bidder's consent to an extension of period of validity.

11.6) Requests for Information

Recipients are required to direct all communications for any clarification related to this RFP, to the Bank’s official as mentioned under point 3 of Section III. All queries relating to the RFP, technical or otherwise, must be either in writing or by email only and will be entertained by the Bank only in respect of the queries received up to the date of Pre Bid Meeting. The Bank will try to reply, without any obligation in respect thereof, every reasonable query raised by the Recipients in the manner specified.

However, the Bank will not answer any communication initiated by Respondents later than the date of Pre-Bid Meeting. The Bank may, in its absolute discretion seek, but being under no obligation to seek, additional information or material from any Respondent after the RFP closes and all such information and material provided will be taken to form part of that Respondent's response. Respondents should invariably provide details of their email address as responses


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to queries will only be provided to the Respondent via email. If the Bank in its sole and absolute discretion deems that the originator of the query will gain an advantage by a response to a question, then the Bank reserves the right to communicate such response to all Respondents.

The Bank may in its sole and absolute discretion engage in discussion with any Respondent (or simultaneously with more than one Respondent) after the RFP closes to improve or clarify any response. Please also refer to para 7.5 Section III for details.

NOTIFICATION

The Bank will either notify the Respondents individually in writing as soon as practicable, about the outcome of the RFP evaluation process, including whether the Respondent's RFP response has been accepted / rejected or shall cause to publish / notify the name of the consultant finally selected in the Bank's website after completion of the entire evaluation process, as enumerated in this RFP.

12. DISQUALIFICATION

Any form of canvassing / lobbying / influence / query regarding shortlisting, status, etc will result in disqualification at the sole discretion of the Bank.

13. PROCESS & TIMEFRAME

Selection of a successful Consultant will involve a five (5) stage approach. The approach follows the Indian Government's Central Vigilance Commission (CVC) guidelines.

STAGE 1 STAGE 2 STAGE 3 STAGE 4 STAGE 5

Issue of Pre-Bid Receipt of Evaluation Award of RFP Meeting RFP Bids of Bids Contract

The following is an indicative timeframe for the overall selection process. The Bank reserves the right to vary this timeframe at its absolute and sole discretion should the need arise. Changes to the timeframe will be relayed to the affected Respondents during the process. The Bank may, at its sole discretion, also extend the deadline for submission of the Bids. Such intimation will be posted on Bank's website.

Description Due Date & Time

Uploading of RFP by Bank 24.12.2019

Pre bid meeting 30.12.2019- 10.00 AM

Opening date and Time for RFP submission 31.12.2019 -10.00 AM

Bid Submission Last Date & Time 20.01.2020 - 3.00 PM

Opening of Technical Bids 20.01.2020 - 3.30 PM

Communication to the short-listed applicants Shall be intimated later

Presentation by selected shortlisted Consultants before technical evaluation committee evaluation committee Technical Evaluation Committee

Shall be intimated later

Opening of Commercial Bid Shall be intimated later

The dates mentioned above are tentative dates and the Bidder acknowledges that it cannot hold the Bank responsible for breach of any of the dates.

Note: Bidders can depute their representative (only one) to attend the Bid opening process. Kindly note that no separate intimation will be given in this regard to the Bidders for deputing their representatives.


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14. PRE-CONTRACT INTEGRITY PACT Vendors/ Bidders / sellers / Consultants, only those who commit themselves to Integrity Pact (IP) with the Bank, would be considered competent to participate in the bidding process. In other words, entering into this pact would be the preliminary qualification. In case of bids not accompanied with signed IP by the bidders along with the Technical Bid, the offers shall be summarily rejected. Performa of Integrity Pact is attached in Annexure- I.


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SECTION — II

1. PROJECT SCOPE:

Development centre is an activity conducted over a number of days wherein the participants participate in individual and group simulations (case study discussions, in tray exercises, personality assessments, competency based interviewing etc.) that enable observers to assess level of competency against a specific competency framework. It maps the competencies of executives and define their future development plans.

The objective of the Development Centre is to assess the key competency areas, including relevant skills, traits and behaviour of candidates nominated for the programme and communicate it to the Management to provide them with handy information on the candidates. The information (I.D.P.) also to be communicated to the candidates/participants with suggestive steps for enabling them to effectively bridge the competency gaps.

1. Bank of India is looking to conduct two days development centre, covering employees

in three scales i.e. Deputy General Managers, Assistant General Managers and Chief

Managers spread across India.

2. The 2 days Development centre activities will be conducted at Bank’s own training

colleges at Management Development Institute CBD Belapur, Navi Mumbai, Staff

Training College Noida and Staff training college Bhopal.

3. The Development Centre activity is to be done for approximate 63 DGMs, 206 AGMs

and 1143 Chief Managers in batches at each of the three training colleges

simultaneously. The batch will have maximum 20 participants.

4. In first phase, the Development Centre activity is to be done for Deputy General

Managers and Assistant General Managers. Development Centre activity for chief

Managers will be done in second Phase.

5. In the first phase approximate 269 employees will be identified and nominated for the

Development centre activities in the batch size of 20.

To achieve the above objective Bank of India proposes the following modules:

Module 1: Behavioral Competency Refinement

• Understand the existing behavioral competency framework consisting of 12 competencies(suggested competencies as per annexure J-these are dynamic and modifiable as the programme evolves)

• Conduct in-depth discussions with key leaders to understand strategic Intent and contextualize competencies and proficiency level in line with the organization’s overall vision- “To become the Bank of choice for Corporates, Medium business and upmarket retail customers and developmental banking for small business, mass market and rural markets.”

• Conduct Focused Group Discussions with high performers across varied levels, functions, and business to help understand key success behaviours

• Refine Behavioural Competency Framework and map identified levels to proficiency levels


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Module 2: Design

• Design potential evaluation framework and process • Design industry relevant tools for the assessment groups • Develop the tool competency matrix ensuring validation of competencies by two or more

tools. • Design cue sheets and finalize the rating scale

Module 3: Implementation

• Prepare Assessment plan and schedule for the assessment groups keeping in mind: • Phase I would start with DGM and AGM grades followed by Phase II covering

Chief Managers • Each development centre to cover maximum 20 employees • Development Centres would be conducted in three locations in parallel- Mumbai,

Noida and Bhopal • Empanel assessors on the tools and the DC process • Orient Participants and conduct Development centre activity for the selected participants • Prepare individual feedback reports based on development centre output. Reports to be

submitted within two weeks of the DC

Module 4: Reporting & Analysis

• Analyze the individual competency trends and group level trends • Consolidate findings and present the results to the leadership team • Reports to be customized as per Bank’s requirement

2. DELIVERABLES

Module Module Name Deliverables

Module 1 Behavioral Competency Refinement

• Analyze the individual competency trends and group level trends

• Consolidate findings and present the results to the leadership team

Module 2 Design • Development Centre Tools • Tools-Competency Matrix • Competency validation by multiple tools

Module 3 Implementation • Development Centre Plan • Development Centres • Individual Feedback Reports

Module 4 Reporting & Analysis

• Individual assessment and gap analysis • Preparation of individual Development plan • Group assessment and gap analysis • Recommendation on institutionalizing the

framework


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3. TIMELINE

Module Module Name Timeline

Module 1 Behavioral Competency Refinement

• 2 months

Module 2 Design

Module 3 Implementation • 15 Months

Module 4 Reporting & Analysis • For Individuals-Two weeks after the DC activity

• For Group-Four weeks after the DC activity

• Over all reporting-6 months post the commencements of implementation module

• Complete project analysis-At the project closure

The timeline for the project will be approximately 18 months which may be extended on Bank’s sole discretion. Bank expects the selected Bidder to adhere to the given timelines. Bank retains the right to extend the services of the selected Bidder for additional period at its sole discretion at same commercial terms, as finalized in the contract / agreement to be entered with the selected Bidder.

4. RESOURCES

1. Given the broad scope of the initiative, the selected Bidder is expected to deploy appropriate quality and number of resources during the various phases of the project. The strength and quality of team will be specifically evaluated during the technical evaluation.

2. The names, qualification, experience of the team deployed for Development Centre activity and back office report generation team shall be shared with the Bank and before making any changes in composition of the team consent of the Bank shall be obtained.


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SECTION — III

1. ELIGIBILITY CRITERIA Consultants who wish to bid should conform to the following criteria:

SI. No.

Eligibility Criteria Support Documents to be submitted

1 The Bidder must have provided consulting/advisory/ Development Centre to banks in India in the area of HR during the last 5 years (as on 31.10.2019).

Copy of work order/ Details on number of Development Centre conducted during last 5 years. Relevant documentary evidence

2 The Respondent should have been engaged in facilitating comprehensive end-to-end Development Centre with at least 1 large (based on Balance Sheet size) scheduled commercial bank/ financial institution in India in the last 3 financial years similar to the scope specified in the RFP

A self-declaration on the Respondent's letter head

3 The Respondent should have a dedicated team of professionals having Development Centre experience and capability to design and run customized surveys as specified in the scope of the RFP. The respondent should also have a dedicated team of professionals in India specializing in human resources with significant experience in Development Centre

Curriculum Vitae of professionals with details Development Centre assignments executed including experience in designing customized digital survey platforms

4 The Bidder should have a positive tangible net worth in the last two financial years. Net worth is to be calculated as follows: Capital Funds (Paid up equity capital + Paid up preference shares + Free reserves) - (Accumulated balance of loss + Balance of deferred revenue Expenditure assets).

Audited Financial statements for the financial years 2016-2017, 2017-2018 and 2018-2019.

5 The Bidder/ group company should not have been black listed/ debarred by any Government Financial Institutions/ Banks/ RBI/ IBA/ Government/ Semi-Government departments/ PSUs in India

Self-declaration to be submitted by authorized signatory

6 The Bidder's Firm should not be owned or controlled by any Director or Employee (or Relatives) of the Bank, both present and those who have retired in the last five years

A self-declaration by the Bidder on Bidder's letter head.

7 The Bidder must have turnover of average Rs. 2.0 crore in last three years ( as on 30.09.2019)

CA Certificate to be attached

GENERAL:

The Eligibility Criteria will apply to the Bidder along with its Affiliates / Group companies/ member firms working under the common brand name, should have neither failed to perform on any agreement during the last three years, as evidenced by imposition of a penalty by an arbitral or a judicial pronouncement or arbitration awarded against the Applicant or its Affiliates or its member firms, nor been expedited from any project or agreement nor had any agreement terminated for breach by such Applicant or its Affiliates or member firms.

No consortiums are allowed to bid for the assignment.


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The bidder should submit their responses along with documentary proofs and self-declaration wherever required for the above eligibility criteria

Proposals of those bidders, who do not fulfil the Eligibility Criteria as stated above fully, will be rejected.

Only the Bidders who fulfill all the above eligibility criteria are eligible to take part in this Bid exercise. The Bidders should submit their response along with documentary proof and self-declaration, wherever required in support of above eligibility criteria. Proposals of those Bidders, who do not fulfill the eligibility criteria as stated above fully, will be summarily rejected. The Bank’s discretion on ‘Eligibility Criteria’ is final.

The Bank has the right to terminate the contract with the selected bidder at any time during the contract period by giving a written notice.

2. SUBMISSION OF BIDS

Please also refer to Section- I, Point-11. The Technical /Commercial Bid shall be submitted as per the requirement of the Bank in prescribed formats.

(a) The Technical Bid: This will include details of overall approach to the areas listed in this RFP along with specific proposals / solution on each of these areas, covering the conceptualization, design and implementation stages. Submission should clearly articulate the deliverables at the end of each phase of work. The consultancy firm is expected to work with the Bank to ensure early implementation of the recommendations. Details about similar type of work undertaken particularly for Banks / PSUs / Large Corporates in India should be highlighted along with the profile of the key person who would be assigned to the project and reference letters from the Organisations for which earlier work was done. The Technical Bid should include details about the team, its composition and key executives proposed in various stages of the project, as per proforma given in Annexure-D (a and b) for the Bank to compare the quality of teams between different Bidders.

The Technical Bid shall be organized and submitted as per the following sequence:

Table of Contents.

List of documents enclosed as per Annexure A and Annexure B with details of organization profile, consulting experience and relevant experience.

Technical Bid with proposed solutions, initiatives, broken down into detailed activities, effort estimate, and manpower estimated to be deployed, team profile in prescribed formats as per Annexure C and Annexure D.

All copies of certificates, documentary proofs, etc.

Declarations as per Annexure E and Annexure F.

(b) Documents comprising the Technical Bid: The Technical Bid should contain the following:

Consultant organization profile and experience as per Annexure A.

Relevant experience as per Annexure B i. In Banks / PSUs / Large Corporates in India in transformative engagements. ii. In HR strategy / process implementation and HR transformation.

References from clients / reasonable proof of the experience should be submitted along with Annexure B.

Approach, methodology and work-plan as per Annexure C.

Proposed team profiles as per Annexures D (a) and D (b).


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Declaration / self-affidavit by the Bidders regarding their technical suitability as per Annexures E and F.

Technical Bid should have no financial information. If Technical Bid is found containing any commercial information, the Bid will be summarily rejected.

(c) The Commercial Bid: This will contain the financial quote covering the total fees /cost for the assignment. Consultants will bid an overall amount for the entire project duration of 18 months. The amount quoted should be in Indian rupees and it should include all expenses other than taxes.

(d) Documents comprising Commercial Bid: Consultants are expected to furnish their Commercial Bid as per Annexure H duly signed by an authorised signatory of the company.

Commercial Bids containing any conditional offers will be rejected.

The only variability allowed in the Commercial Bid is on account of government taxes. The Bank will reject Commercial Bids which have any other variability.

Commercial Bid should be inclusive of professional fees and all costs to be incurred by the consultant.

In case of discrepancy between price in words and figures, the one in words will be taken as final.

Bids are to be quoted in Indian Rupees only.

3. CLARIFICATIONS:

It may be noted that all queries, clarifications, questions etc., relating to this RFP, technical or otherwise, must be in writing only and should be addressed to the nominated point of contact as mentioned below:

Name: Shri Iswar Chandra Mishra, General Manager (HR) Address: Bank of India, Head Office, Star House C-5, G-block, Bandra-Kurla Complex, Mumbai, 400 051 Tel No: 022-66684700 E-mail ID: [email protected]

4. FORMATS OF BIDS:

The Bidders should necessarily submit the information as per the prescribed formats given in the RFP while submitting both Technical and Commercial Bids. Any deviation in this regard will result in disqualification of the Bidder.

5. SELECTION AND EVALUATION PROCESS:

The evaluation/selection process will be done with combination of technical competence and commercial aspects as detailed here below. The Technical Bid will be screened first for eligibility and shortlisting and after that technical evaluation will be done of the short listed Bidders. Commercial Bid shall be opened only for those short-listed Bidders who have qualified by securing a minimum cut-off score in the Technical Bid evaluation.

5.1 EVALUATION OF TECHNICAL BID

The technical proposals only will be subjected for evaluation at this stage. The evaluation of functional and technical capabilities of the Bidders of this RFP will be completed first as per the following guidelines.



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5.1.1 TECHNICAL EVALUATION CRITERIA

The evaluation of Technical Bid will be done in the following manner:

A. Fulfillment of basic eligibility criteria: First, the Technical Bid documents will be examined from the eligibility criteria angle. Bidders, who fulfil the eligibility criteria / conditions related to Bidders’ credentials and experience fully as mentioned in point no.1 of Section III, their Bids only will be taken up for further evaluation/selection process, rejecting the remaining Bids.

B. Shortlisting of the firms based on their technical proposals: The selection committee will shortlist 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. These shortlisted firms shall then be invited for a Presentation-cum-Interview on a scheduled date and time before the selection committee.

Bank may, at its sole discretion, decide to seek more information from the Respondents in order to normalise the Bids. However, Respondents will be notified separately, if such normalisation exercise as part of the technical evaluation is resorted to.

C. Presentation-cum-Interview: The short-listed Bidders of this RFP will have to give a presentation / have interactions before the selection committee of the Bank on the methodology/ approach, time frame for various activities, strengths of the Bidders in implementation of the proposed Integrated HR framework for the Bank. The technical competence and capability of the Bidder should be clearly reflected in the presentation. If any short-listed Bidder fails to make such presentation, they will be eliminated from the selection process.

D. Technical Evaluation Criteria are provided below:

Technical bid documents will be examined with regard to Eligibility Criteria. Bidders fulfilling the eligibility criteria conditions will qualify further evaluation/ selection process.

A maximum of 100 marks is allocated for Technical Bid. Evaluation/ selection process will be done with the combination of technical competence and commercial aspects as given below.

The evaluation of functional and technical capabilities of the bidders of this RFP will be completed first as per the following guidelines. The technical proposals only will be subjected for evaluation at this stage. Bidders scoring less than 75 marks (cut-off score) out of 100 marks in the technical evaluation shall not be considered for selection process. Once the evaluation of technical proposals is completed, ONLY the bidders who score equal to, or more than the prescribed cut-off score will be short listed.

There will be a techno-commercial evaluation with a weightage of 60:40.

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


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No. Particulars Maximum Eligible Marks for evaluation

1. Overall profile, relevant experience and credentials 40

1.1 Experience of the Bidder in the Banking and Financial Services sector in India which are clients for Development Centre in the last five years (2015 onwards). Development Centre done in comparable public sector Banks will attract higher marks.

i) If in two Banks/ FIs: 20 marks ii) If moe than two and upto 05 Banks/ FIs: 30 iii) If more than 05 Banks / FIs: 40

1.2 Experience of the Bidder in creating and running Development Centre in India.

1.3 Bidder needs to have relevant benchmarks from Banking and Financial Services industry in India.

2. Understanding of the scope & proposed approach 20

2.1 Understanding of the scope of the assignment demonstrated in the response to the RFP

2.2 Technical approach & methodology for Development Centre

2.3 Understanding of the Indian banking and financial services environment

2.4 A holistic approach to use Development Centre data to actionable and ability to prioritize impact areas across various levels of organization

3. Team Profile 20

3.1 The firm should have a dedicated vertical in India for conducting Development Centre with resources having prior experience of conducting Development Centre for organisations.

3.2 The firm should have a minimum of three dedicated Senior Officials with more than 10 years’ experience in Development Centre related Consulting

4. Presentation 20

Total 100

E. 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 1 of Section IV above.

Short-listing of the Bidders based broadly on prior experience, credentials and quality of resources.

Arriving at the final score on technical proposal of the short-listed firms after Presentation-cum-Interview, which will broadly be based on the following:

Bidders scoring less than 75 marks (cut-off score) out of 100 marks in the technical evaluation after the presentation-cum-interview round, shall not be considered for the selection process. 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 Commercial Bids.

In case there is only one Bidder having technical score of 75 or more, the Bank may, at its discretion, also consider the next highest technical score with minimum score of 70. In case, none of the participating Bidders qualify on technical criteria and reach or exceed the cut-off score of 75, then the Bank, at its sole discretion, may qualify Bidders on the basis of the top scores with a minimum score of 70.


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5.2 Commercial Bid Evaluation

The Commercial Bids of only those technically short-listed Bidders who attain the minimum cut-off marks in their technical score after the presentation round 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 75% (75 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 75 and the Bank, at its sole discretion, qualifies the next highest Bidder with score below the cut-off score of 75 but with a minimum score of 70, as per para 5.1.1 (d) above. In such an eventuality, the Commercial Bid of such Bidder/s who have scored less than the cut-off score of 75 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 for an overall amount for the entire project duration of 6 months. 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 weightage, relative to the ‘Least Price / Least Quote’ as per the formula given below.

5.3 Combined Techno-Commercial Evaluation:

In respect of all the qualified Bidders, in whose case, the Commercial Bid has been opened; a combined techno-commercial evaluation will be done by the Bank as per the following procedure:

A combined score will be arrived at after considering the commercial quote and the marks obtained in technical evaluation with relative weights of 60% for technical and 40% for commercial. The combined evaluation shall be made by applying weightages of 60 and 40 for the technical and commercial scores according to the following formula:

Tech Score of A Lowest Commercial Bid Combined score of A = 60 * [-- -------------------------] + 40 * [ ----------------------------- ----]

Highest Tech Score Commercial Bid of A

On the basis of the above combined weighted score, the consultants shall be ranked in terms of the total combined score obtained. The Bidder with the highest combined score (H-1) will be declared successful and shall be recommended for award of the contract. After the identification of the successful Bidder, the Bank will follow the internal procedure for necessary approvals and, thereafter, proceed with notification of award of contract.

Example: Bidder Technical

Evaluation Marks (T)

Commercial Bid Price

(C)

(T / T Highest) * 60 (C Lowest / C) *40 Combined Score (Out of 100)

A 95 71 1.00 * 60 = 60.00 0.845 * 40= 33.80 93.80 (H-1)

B 85 65 0.89 * 60 = 53.68 0.92 * 40= 36.92 90.60 (H-2)

C 80 60 0.84 * 60 = 50.53 1.00 * 40= 40.00 90.33 (H-3)

In the above example, ‘A’ with the highest score (H-1) becomes the successful Bidder.


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6. PRICE TIE WITH THE SELECTED BIDDERS:

In the case of tie between two or more Bidders, a fresh Commercial Bid will be called upon from these Bidders for evaluation and selection of the consultant.

7. GENERAL TERMS AND CONDITIONS (Please also refer to Section - I)

7.1. Term of Assignment:

The selected Bidder under this RFP will be appointed for the project period as mentioned in the above scope.

7.2. Adherence to Terms and Conditions

The Bidders 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.

7.3. Execution of Principal Agreement (PA) / Non-disclosure Agreement (NDA) and Certificate of Originality

The selected Bidder will be required to execute (a) Principal Agreement (PA), which must include all the services and terms and conditions of the services to be extended as detailed herein and as may be prescribed or recommended by the Bank and (b) Non-disclosure Agreement (NDA). The selected Bidder will be required to execute the PA and NDA within fifteen days from the date of notification in the website about the final selection of the Bidder, on completion of the required processes as outlined in the RFP.

7.4. Period of Contract

The selected Bidder is expected to complete the entire period of assignment within a period of 18 months which will commence from the date of agreement of consultancy with the Bank. The date of agreement shall be treated as date of engagement and the completion of the assignment shall be worked out in reference to this date.

7.5. Other terms and conditions

The Bank reserves the right to:

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 discuss any aspect of proposal with any Bidder or more than one Bidder at a 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 Bidder (in case no Bidder satisfies the eligibility criteria in totality).

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

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

The Bank reserves the right to accept or reject any Bid or annul the bidding process and reject all Bids at any time prior to award of contract, without thereby incurring any liability to the affected Bidder/s or any obligation to inform the affected Bidder/s of the ground for the Bank's action.


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8. WORK SPACE/ STAFF MEMBERS REQUIRED FOR CARRYING OUT ACTIVITIES

The key persons identified by the selected Bidder for the project should carry out their activities from the Bank's Head Office at Bandra Kurla Complex, Mumbai or from any other suitable location as provided by the Bank. The requirement of the staff members from the Bank along with their expected skill set should be requested at least a month in advance for different phases and areas of implementation. The expected skill set should be from the available resource of the Bank for the consultancy contract.

9. SUBSTITUTION OF PROJECT TEAM MEMBERS

During the assignment, the substitution of key staff identified for the assignment will not be allowed unless such substitution becomes unavoidable to overcome the undue delay or that such changes are critical to meet the obligation. In such circumstances the selected Bidder, as the case may be, can do so only with the prior written concurrence of the Bank and by providing the replacement staff of the same level of qualifications and competence. If the Bank is not satisfied with the substitution, the Bank reserves the right to terminate the contract and recover whatever payments(including past payments and payment made in advance) made by the Bank to the selected Bidder during the course of the assignment pursuant to this RFP besides claiming an amount equal to the contract value as liquidated damages. However, the Bank reserves the unconditional right to insist the selected Bidder to replace any team member with another (with the qualifications and competence as required by the Bank) during the course of assignment pursuant to this RFP.

10. PROFESSIONALISM

The selected Bidder should provide professional, objective and impartial advice 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.

11. ADHERENCE TO STANDARDS

The selected Bidder 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 of the consulting services provided by the selected Bidder. The Bank reserves the right to ascertain information from the other banks and institutions to which the Bidders have rendered their services for execution of similar projects. The selected Bidder shall allow the Reserve Bank of India (RBI) or persons authorised by it to access the documents, records of transaction or any other information given to, stored or processed by the selected Bidder relating to this RFP, within a reasonable time failing which selected Bidder will be liable to pay any charges/ penalty levied by RBI. The selected Bidder 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.

12. PAYMENT TERMS

Bank will release the payment of the agreed Professional Fees to the selected Bidder after deduction of applicable taxes at source, for which contract will be executed by the Bank with the chosen / selected Bidder. The payments will be scheduled in stages on completion of the various major activities and as per the progress of the consultancy project, as may be mentioned in the said agreement. No advance payments will be made.


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13. CHARGES TERMS

By submitting the Bid for consultancy, the Bidder will be deemed to have accepted all the terms and conditions mentioned in the RFP document. The rates quoted by the Bidder shall be adequate to complete the assignment according to the specification and conditions attached thereto. The Bidder 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 exclusive of any tax, whatsoever. The TDS amount on prevailing rate and work contract tax etc. shall be deducted from consultants running account / Final bills. Necessary certificates shall be issued to the consultants by the Bank.

14. SINGLE POINT OF CONTACT

The selected Bidder should have a local office in India and has to provide details of single point of contact of a senior executive viz. name, designation, address, e-mail address, telephone/mobile no., etc. Escalation matrix should also be provided with full details.

15. APPLICABLE LAW AND JURISDICTION OF COURT

The Contract with the selected Bidder 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.

16. PENALTY AND LIQUIDATED DAMAGES

(a) If the selected Bidder 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 @ 0.5% of the contract value per week or part thereof, subject to a maximum of 10% of contract value as Penalty for non-performance/delayed performance.

(b) Notwithstanding whatsoever stated in para 16 (a) above, if the selected Bidder fails to adhere the time schedule or fails to complete the due performance of the obligations under this RFP as per Bank's satisfaction, then the Bank can repudiate the contract and recover 10% of the contract value as Liquidated Damages from the selected Bidder.

(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 Bidder to prove that the delay is attributed to the Bank or Force Majeure. The Bidder shall submit the proof authenticated by the Bidder 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 Bidder, then the Bank will extend the period of contract to the extent of delay without charging any Penalty / Liquidated Damages.

17. FORCE MAJEURE

Any failure or delay by selected Bidder 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


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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.

18. AUTHORISED SIGNATORY

The selected Bidder shall indicate the authorized signatories who can discuss and correspond with the Bank, with regard to the obligations under the contract. The selected Bidder 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 holder to discuss, sign agreements/contracts with the Bank. The Bidder shall furnish proof of signature identification for above purposes as required by the Bank.

19. INDEMNITY

The Bidder 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 Bidder. The Bidder 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 Bidder, and the Bidder also shall indemnify the Bank for the same.

20. PERFORMANCE GUARANTEE

The selected Bidder has to provide an unconditional and irrevocable Performance Guarantee of 10% of the contract value from a Public Sector Bank in India (other than Bank of India) towards due performance of the contract in accordance with the specifications, terms and conditions of RFP document, within 15 days from the intimation from the Bank. The Performance Guarantee shall be kept valid for period of eighteen months.

21. 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:

It is not in conformity with the instructions mentioned in this RFP document.

It is incomplete including non-furnishing the required documents / information as required in terms of this RFP.

It is evasive or contains incorrect information.

There is canvassing of any kind.

22. 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 Bidder 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 Bidder shall not subcontract or permit anyone other than its personnel to perform any of the work, service or other performance required of the selected Bidder under the contract. Formation of consortium or association of consultants and engaging sub-consultants is not allowed and such proposals will be disqualified at the evaluation stage itself.

23. NON- SOLICITATION

The selected Bidder, 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:


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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.

24. NO EMPLOYER-EMPLOYEE RELATIONSHIP

The selected Bidder 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.

25. VICARIOUS LIABILITY

The selected Bidder shall be the principal employer of the employees, agents, contractors, subcontractors, etc., engaged by the selected Bidder 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 Bidder, for any assignment under the contract. All remuneration, claims, wages dues etc., of such employees, agents, contractors, subcontractors etc., of the selected Bidder shall be paid by the selected Bidder 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 Bidder 's employees, agents, contractors, subcontractors etc. The selected Bidder 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 Bidder's employees, agents, contractors, subcontractors, etc.

26. CANCELLATION OF CONTRACT AND COMPENSATION

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

The Bidder 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 Bidder is found to be unsatisfactory.

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

If the selected Bidder fails to complete the due performance of the contract in accordance with the agreed terms and conditions.


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27. DISPUTE RESOLUTION

The Parties shall use their best efforts to amicably settle all disputes arising out of or in connection with this RFP in the following manner:

(i) The Party raising the dispute shall address to the other Party a notice requesting an amicable settlement of the dispute within ten (10) days of receipt of the notice.

(ii) The matter will be referred for negotiation between designated officers from both parties. The matter shall then be resolved by them and the agreed course of action documented within a further period of 30 days.

The Parties agree that any dispute between the Parties, which cannot be settled by negotiation in the manner, described above, may be resolved exclusively by arbitration and such dispute may be submitted by either party to arbitration within 30 (thirty) days of the failure of negotiations. Arbitration shall be held at Bank’s Head Office in Mumbai and conducted in accordance with the provisions of Arbitration and Conciliation Act, 1996. Each Party to the dispute shall appoint 1 (one) arbitrator each and the 2 (two) arbitrators shall jointly appoint the third or the presiding arbitrator. 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 respect of all matters connected with this RFP. The arbitration award shall be final, conclusive and binding upon the Parties and judgment may be entered thereon, upon the application of either party to a court of competent jurisdiction. Each Party shall bear the cost of preparing and presenting its case, and the cost of arbitration, including fees and expenses of the arbitrators, shall be shared equally by the Parties unless the award otherwise provides.

28. LIMITATION OF LIABILITY:

Service provider will ensure Bank’s data confidentiality and shall be responsible for liability arising in case of breach of any kind of security and/or leakage of confidential customer/ Bank’s related information to the extent of loss so caused.

The limitations set forth herein shall not apply with respect to: (i) claims that are the subject of indemnification pursuant to IPR infringement, (ii) damage(s) occasioned by the gross negligence, fraud or willful misconduct of Service Provider, (iii) damage(s) occasioned by Service Provider for breach of Confidentiality Obligations, (iv) When a dispute is settled by the Court of Law in India. (v) Loss occasioned by Non-compliance of Statutory or Regulatory Guidelines.

29. INDEMNITY

The bidder has to Indemnify the Bank, and shall keep indemnified and hold the Bank harmless from and against any and all losses, liabilities, claims, actions, costs and expenses (including attorneys' fees) and also relating to and/or resulting from or in any way arising out of any claim, suit or proceeding brought against the Bank by a third party as a result of:

An act or omission the Company, its employees, its agents, sub-contractors in the performance of the obligations of the Company under this Agreement and/ or


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Claims against the Bank and/or any legal proceedings made by employees or other persons who are deployed by the Company and/or by any statutory/regulatory/ govt. authority and/or

Breach of any of the material term of this Agreement and/or its Annexures or breach of any representation or warranty of the Company under this Agreement, or

Violation of the Confidentiality obligations by the Company and/or its officials/employees or any other person employed by them in connection with the Contract.

Breach of any of the material terms of this agreement by their subcontractors, if subcontracting of any part of this agreement is permitted by Bank in writing.

Any breach of IPR violations by the Company on material if any supplied by Company.

30. CONFIDENTIALITY:

The Company acknowledges that in the course of performing their obligations under this Agreement, the Company shall be exposed to or acquire Confidential Information of the Bank or its customers/clients. The Company understands and acknowledges that it will be given access to such Confidential Information solely as a consequence of and pursuant to this Agreement.

The Company will, at all times, maintain confidentiality of the Confidential Information and of this Agreement, Information of Bank including of the Bank’s Customer, any business , technical, financial information / data or any other information disclosed or accessible to the Company for this project whether at the time of disclosure, designated in writing as confidential or not.

The Company agrees to keep in confidence and not disclose to any third party and all Confidential Information available to the Company and whether such information is given in writing or oral or visual, and whether such writing is marked to indicate the claims of ownership and/or secrecy or otherwise. The Company agrees that it shall not use, nor reproduce for use in any way, any Confidential Information of the Bank except to the extent required to fulfill its obligations under the Agreement. The Company agrees to protect the Confidential Information of the Bank with at least the same standard of care and procedures used by to protect its own Confidential Information of similar importance but at all times using at least a reasonable degree of care.

The Company shall also ensure that its officials/employees and if Company is permitted by the Bank in writing to assign, delegate or hire another person to assist it in the performance of its obligations under this Agreement, such person also shall maintain the confidentiality of the Confidential Information in the same manner as the Company is bound to maintain the confidentiality.

The provisions of this Article shall survive notwithstanding the expiration or termination of this Agreement for any reason whatsoever.


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For breach of any obligation mentioned in this RFP, subject to obligations mentioned in clause mentioned above, in no event Service Provider shall be liable for damages to the Bank arising under or in connection with this Agreement for an amount exceeding the total Cost of the Project.

During the Term of this Project and, if applicable, during the Reverse Transition Period, Bank grants Vendor a right to use at no cost or charge the Software licensed to the Bank, solely for the purpose of providing the Services and same should be included in commercial bid.

The Vendor shall be responsible for obtaining all necessary authorizations and consents from third party licensors of Software used by vendor in performing its obligations under this Project.

If a third party's claim endangers or disrupts the Bank's use of the Software, the Vendor shall at no further expense, charge, fees or costs to the Bank, (i) obtain a license so that the Bank may continue use of the Software in accordance with the terms of this Agreement and the license agreement; or (ii) modify the Software without affecting the functionality of the Software in any manner so as to avoid the infringement; or (iii) replace the Software with a compatible, functionally equivalent and non-infringing product.


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ANNEXURE – A

CONSULTANT ORGANIZATION PROFILE AND EXPERIENCE

1 Name of the firm / company

2 Full address and contact details

3 Authorised person

4 Year of incorporation in India

5 Total number of offices in India

6 Number of years of Management / HR consulting experience 6.1 Global 6.2 India

7 Revenue of management consulting business 7.1 Global 7.2 India

8 Number of management consulting staff 8.1. Global 8.2 India

8.3 Out of 8.2. above, number of consultants who have experience of handling long term assignments in HR Strategy / Process implementation in Banks / PSUs / Large Corporates (for a period exceeding 6 months)

9 Number of Banks / PSUs / Large Corporates with whom long term transformation assignments in HR have been undertaken (for a period exceeding 6 months)

10 Experience of HR strategy / process implementation / HR transformation in Banks/ PSUs/ Large Corporates with turnover / total business in excess of Rs. One Lac Crore and employee strength in excess of 15000

11

11.1 Number of Banks / PSUs / Large Corporates for whom long term assignments in HR strategy / process implementation / HR transformation have been undertaken (for a period exceeding 6 months)

11.2 Of which, number of Banks / PSUs / Large Corporates with whom long term assignments in HR strategy / process implementation / HR transformation have been undertaken (for a period exceeding 6 months)

ANNEXURE - B

RELEVANT EXPERIENCE

For each relevant project, please submit the following information with respect to each major transformation assignment undertaken:

1 Name and short description of client

2 Description of assignment

3 Start date of assignment

4 Duration of assignment

5 Terms of reference

6 Impact achieved

7 Client reference / reasonable proof

8 Team size

9 Key team members with their qualifications


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ANNEXURE-C

APPROACH, METHODOLOGY, AND WORK PLAN

The consultant should submit the approach, methodology and work plan in one comprehensive document. The submission should highlight consultant's primary hypothesis regarding the issues and their potential solutions. It should highlight the methodology for enablement and engagement proposed to be deployed. The work plan should also cover ideas and suggestions on institutionalisation of change. Milestones and deliverables should be clearly laid out. Team structure and staffing pattern should be highlighted clearly in the light of Bank's stipulation for deploying a team of appropriate quality and number of resources during the various phases of the project.

ANNEXURE - D (a)

PROPOSED TEAM PROFILES

The profiles of individuals who would lead this assignment may be provided in the format below:

1 Name

2 Current designation

3 Nationality

4 Years in the firm

5 Educational qualifications

6 Language proficiency

7 Areas of expertise

8 Projects led with description

9 Role in the proposed project

ANNEXURE - D (b)

STAFFING SCHEDULE

Staffing schedule for the duration of 6 months of the project should be detailed in the format below:

Names of key team leaders with time allocation

Number of staff deployed full time on site

Month 1

Month 2

Month 3

Month 4

Month 5

Month 6


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ANNEXURE - E

LETTER TO THE BANK ON THE COMPANY'S / FIRM'S LETTER HEAD

T o

The General Manager (HR) Bank of India, Head Office, Star House C-5, G-Block, Bandra-Kuria Complex, Mumbai, 400 051 Tel No: 022- 66684700

Dear Sir,

RE: Your RFP for Appointment of Consultant for

Development Centre in the Bank

With reference to the above RFP, having examined and understood the instructions, terms and conditions forming part of the RFP, we hereby enclose our offer for undertaking consultancy for advising the Bank as detailed in your RFP.

We confirm that we have not been blacklisted / debarred by Reserve Bank of India / Government or Semi-Government departments, any Bank / FI / PSU in India.

We also confirm that the offer shall remain valid for 6 months from the date of the offer.

We undertake to cooperate fully with any legitimately provided / constituted investigative body, conducting inquiry into processing or execution of the consultancy contract / any other matter related with discharge of contractual obligations by us.

We understand that the Bank is not bound to accept the offer and the Bank has right to reject the offer in full or part without assigning any reasons, whatsoever.

Yours faithfully,

Authorized Signatory(ies) (Name, Designation and Seal of the Firm/Company)

ANNEXURE – F

FORM OF SELF AFFIDAVIT / DECLARATION

[TO BE SUBMITTED IN FIRM'S / COMPANY'S LETTER HEAD ONLY]

We, M/s ____________________________________________ are one of the BIDDERS for providing consultancy services to Bank of India in designing and implementing Development Center for the Bank. We, hereby declare that our Firm / Company does not have any pecuniary liability nor any judiciary proceedings or any restraint restricting us in fulfilling the consultancy services. We further declare that in case the Bank finds our averments are not true and incorrect, the Bank can initiate necessary action against us, as deemed fit.

AUTHORISED SIGNATORY (Name, Designation and SEAL)


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ANNEXURE - G

COMMERCIAL BID FOR CONSULTANT FOR

DEVELOPMENT CENTRE IN THE BANK

The General Manager (HR)

Bank of India,

Head Office, Star House

C-5, G-Block,

Bandra-Kurla Complex,

Mumbai, 400 051.

Tel No: 022-66684700

Dear Sir,

Sub: RFP for Appointment of Consultant for

Development Centre in the Bank.

------------------------------------------------------------

We give below our consolidated rate for the services to be rendered by us as per the scope of consultancy

given in the tender form.

Item Amount

(Rs.)

Professional fees inclusive of all expenses

(The amount quoted is exclusive of any tax,

whatsoever)

No amount to be quoted here Please quote the rate in Cover 2 available on the website http://www.mstcecommerce.com/eprochome/boi

TOTAL (in words) ---------

We undertake to deliver all the deliverables as per the RFP document.

AUTHORISED SIGNATORY

(Name, Designation and SEAL)




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ANNEXURE – H

PRE-CONTRACT INTEGRITY PACT

PRE-CONTRACT INTEGRITY PACT BETWEEN BANK OF INDIA AND -------------------------------------------- General

This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on ______ day of the month of ________ 2019, between, on one hand, the Bank of India acting through Shri __________________, Designation of the Officer (hereinafter called the “BUYER”, which expression shall mean and include, unless the context otherwise requires, his successors in officer and assigns) of the First Part and M/s. __________________ represented by Shri ________________ Chief Executive Officer (hereinafter called the “BIDDER/Seller” which expression shall mean and include, unless the context otherwise requires, his successors and permitted assigns) of the Second Part. WHEREAS the BUYER proposes to procure (Name of the Stores/Equipment/Item) award the contract and the BIDDER/Seller is willing to offer/has offered the stores and 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 BUYER is a Public Sector Undertaking Bank of India. NOW, THEREFORE, To avoid all forms of corruption by following a system that is fair, transparent and free from any influence / prejudice dealings prior to during the subsequent to the currency of the contract to be entered into with a view to :- Enabling the BUYER to obtain the desired said stores / equipment / work 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 BUYER will commit to prevent corruption, in any form, by its officials by following transparent procedures. The parties hereby agree to enter into this Integrity Pact and agree as follows. Commitments of the BUYER

1.1 The BUYER undertakes that no official of the BUYER, 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, organization or third party 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 BUYER 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 BUYER will report to the appropriate Government office any attempted or completed

breaches of the above commitments as well as any substantial suspicion of such a breach.


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2 In case any such preceding misconduct on the part of such officials(s) is reported by the BIDDER to the

BUYER with full and verifiable facts and the same is prima facie found to be correct by the BUYER, necessary

disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may be initiated by the

BUYER 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 BUYER the proceedings under the contract would not be stalled.

Commitments of BIDDERs

3. The BIDDER commits itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the following :- 3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the BUYER, connected directly or indirectly with the bidding process, or to any person, organization 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 to any official of the BUYER 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 the Government for showing or forbearing to show favour or disfavor to any person in relation to the contract or any other contract with the Government.

3.3 BIDDERs shall disclose the name and address of agents and representatives and Indian BIDDERs shall disclose their foreign principals or associates. 3.4 BIDDERs shall disclose the payments to be made by them to agents/brokers or any other intermediary, in connection with this bid/contract. 3.5 The BIDDER further confirms and declares to the BUYER that the BIDDER is the original manufactures / integrator / authorized government sponsored export entity of the stores / supplier and has not engaged any individual or firm or company whether Indian or foreign to intercede, facilitate or in any way to recommend to the BUYER 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. 3.6 The BIDDER, either while presenting the bid or during pre-contract negotiations or before signing the contract, shall disclose any payments he has made, is committed to or intends to make to officials of the BUYER or their family members agents, brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments.

3.7 The BIDDER will not collude with other parties interested in the contract to impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract.

3.8 The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities.

3.9 The BIDDER shall not use improperly, for purposes of competition or personal gain, or pass on to others, any information provided by the BUYER as 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.

3.10 The BIDDER commits to retrain from giving any complaint directly or through any other manner without supporting it with full and verifiable facts.

3.11 The BIDDER shall not instigate or cause to instigate any third person to commit any of the actions mentioned above.


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3.12 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 BUYER or alternatively, if any relative of an officer of the BUYER has financial interest / stake in the BIDDERs firm, the same shall be disclosed by the BIDDER at the time of filling of tender.

The term relative for this purpose would be as defined in Section 6 of the Companies Act 1956.

3.13 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 BUYER.

4. Previous Transgression 4.1 The BIDDER declares that no previous transgression occurred in the last three years immediately before signing of this Integrity Pact, with any other company in any country in respect of any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any Government Department in India 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 ________________ as specified in the RFP as Earnest Money/Security Deposit, with the BUYER through any of the following instruments

(i) Bank Draft or a Pay Order in favour of ___________________

(ii) A confirmed guarantee by an Indian Nationalised Bank, promising payment of the guaranteed sum

to the BUYER on demand within three working days without any demur whatsoever and without

seeking any reasons whatsoever. The demand for payment by the BUYER shall be treated as

conclusive proof of payment.

(iii) Any other mode or through any other instrument as specified in the RFP.

5.2 The Earnest Money / Security Deposit shall be valid upto the complete conclusion of the contractual obligations to the complete satisfaction of both the BIDDER and the BUYER, including warranty period / Defect liability period. 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 BUYER 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 BUYER 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 any one employed by it or acting on its behalf (Whether with or without the knowledge of the BIDDER) shall entitle the BUYER to take all or any one of the following actions, whenever required:-

(i) To immediately call off the pre-contract negotiations without assigning any reason or giving any

compensation to the BIDDER. However, the proceedings with the other BIDDER(s) would continue.

(ii) 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 BUYER and the BUYER

shall not be required to assign any reason therefore.

(iii) To immediately cancel the contract if already signed, without giving any compensation to the BIDDER.


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(iv) To recover all sums already paid by the BUYER and in case of an Indian BIDDER with interest thereon at

2% higher than the prevailing Prime Lending Rate of State Bank of India, while in case of a BIDDER from

a country other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment

is due to the BIDDER from the BUYER in connection with any other contract for any other stores, such

outstanding payment could also be utilized to recover the aforesaid sum and interest.

(v) 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 BUYER, along with interest.

(vi) 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 BUYER resulting from such cancellation / rescission and the BUYER shall be

entitled to deduct the amount so payable from the money(s) due to the BIDDER.

(vii) To debar the BIDDER from participating in future bidding processes of the Government of India for a

minimum period of five years, which may be further extended at the discretion of the BUYER.

(viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any middlemen or agent or broker with a

view to securing the contract.

(ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the

BUYER with the BIDDER, the same shall not be opened.

(x) Forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the same without assigning

any reason for imposing sanction for violation of this Pact.

6.2 The BUYER will be entitled to take all or any of the actions mentioned at para 6.1(i) to (x) 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 offence as defined in Chapter IX of the 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 BUYER to the effect that a breach of the provisions of this Pact has been committed by the BIDDER shall be final and conclusive on the BIDDER. However, the BIDDER can approach the Independent Monitor(s) appointed for the purposes of this Pact.

7. Fail 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 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 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 BUYER, if the contract has already been concluded.

8. Independent External Monitors ( IEMs)

8.1 There shall be Independent External Monitors (hereinafter referred to as Monitors) appointed by the BUYER for this Pact in consultation and with approval of the Central Vigilance Commission.

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.


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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 BUYER.

8.6 The BIDDER(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the BUYER 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 Subcontractors. The Monitor shall be under contractual obligation to treat the information and documents of the BIDDER / Subcontractor(s) with confidentiality.

8.7 The BUYER will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings.

8.8 The Monitor will submit a written report to the designated Authority of BUYER/Secretary in the Department/ within 8 to 10 weeks from the date of reference or intimation to him by the BUYER / BIDDER and, should the occasion arise, submit proposals for correcting problematic situations. 8.9 Bank of India has empanelled Independent External Monitors (IEMs) for implementation of Integrity Pact (IP) in respect of procurements of goods / services by the Bank as per directives received from the Central Vigilance Commission (CVC) The details of IEMs are as under:

1 2

Dr. Joginder Paul Sharma, IAS (Retd) Ex-Principal Secretary. Govt. of UP D-266, Sector-47,Noida, UP Mobile: 9650999444 E-mail: [email protected]

Shri Ashwani Kumar Ex-CMD, Dena Bank Flat No. 101, 1st Floor Plot No. F.P. No.81, Ruby Bandra West Ruby CHSL, 29th Road, Near Duruoella Convent High School Bandra West, Mumbai-400050 Mobile: 9920262626 E-mail:[email protected]

9. Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission, the BUYER 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 BUYER. 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 both the BUYER 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. 12.2 Should one or several provision of this Pact turn 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.



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13. The parties hereby sign this Integrity Pact at ___________ on ________ BUYER BIDDER Name of the Officer Name of the Officer Designation Designation Bank of India Witness Witness 1.____________________________ 1.__________________________ 2.____________________________ 2.__________________________

ANNEXURE –I

LIST OF SUGGESTED COMPETENCIES

1. Action Oriented 2. Systematic and Organised 3. Positive Mind-set 4. Time Management 5. Analytical Approach 6. Customer Focus 7. Effective Communication 8. Interpersonal Savvy 9. Conflict Management 10. Effective Decision Making 11. Results Focused 12. Building Effective Teams


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Human Resources Department Bank of India, Head Office, Star House C-5, G-Block, Bandra-Kuria Complex, Mumbai, 400 051 Tel No: 022- 66684700