technical bid for empanelment of courier ......2 idbi bank limited regd. office : idbi tower, wtc...
TRANSCRIPT
-
1
TECHNICAL BID FOR EMPANELMENT
OF COURIER SERVICE AGENCIES FOR
PROVIDING SERVICES AT IDBI BANK’S
BRANCHES & OFFICES ACROSS INDIA
NIT No: 001 /2018-2019/APU, Belapur
Date: 12 Feb 2019
ADMINISTRATION DEPARTMENT
-
2
IDBI BANK LIMITED
Regd. Office : IDBI Tower, WTC Complex,
Cuffe Parade,Mumbai-400 005
CIN No: L65190MH2004GOI148838
TENDER FOR EMPANELMENT OF COURIER SERVICE AGENCIES
IDBI bank Ltd, invites sealed tenders from established and reputable Courier
Service Providers (CSP) having adequate experience of rendering courier service to big
Corporate / Banks / Financial Institutions with all-India presence through wide network
of branches for empanelment of CSPs for providing courier services at its pan-India
bank branches/offices.
I. NOTICE INVITING TENDER
The tenders shall be submitted in the following manner and shall contain details /
documents as listed below:
A) One sealed envelope super-scribed with the words “Empanelment of Courier
Services Agencies to IDBI Bank Ltd - TECHNICAL BID” containing the following :
i. A complete set, as mentioned at Cover-I, of Technical Bid as issued, duly filled
and signed by the bidder.
ii. Demand Draft towards the earnest money deposit (Rs.50,000/-) in the name of
‘IDBI Bank LTD.’ Payable at MUMBAI.
iii. Exceptions and deviations which bidder may desire to stipulate be given with the
Tech. Bid in a separate letter. (Bidders are advised to submit the tenders based strictly
on the conditions of contract and specifications contained in the tender documents and
not to stipulate any deviations. Should it, however, become unavoidable, deviations may
be stipulated). The bidders may refrain from submitting conditional tenders. In case any
bidder put any condition, he/she should be available him/herself or their authorized
representative at the time of opening of the tender and the same has to be submitted in
separate envelope. The Banks reserve the right to reject such deviations or evaluate the
tenders containing deviations having financial implications by adding the cost for such
deviations as may be determined by the Banks. After assessing the condition(s), the
Bank shall notify to the bidder / their authorized representative, its decision on the
condition(s). Bank’s decision shall be final and binding on the bidders. However, the
bidder shall have the choice to revise their price bid(s) in that case before starting the
-
3
opening of Financial Bid. If the authorized personnel is not available / present during
tender opening and conditional tender is submitted, the same will be rejected.
B) One sealed envelope super-scribed with the words “Empanelment of Courier
Services Agencies to IDBI Bank Ltd – FINANCIAL BID” containing the following :
i. Financial Bid duly filled and signed by the bidder.
ii. No deviations / conditions will be stipulated by the bidder in the Financial Bid.
*NOTE: THE ABOVE TWO ENVELOPES SHALL BE PUT IN A BIGGER ENVELOPE
AND SEALED SUPERSCRIBING "TENDER FOR COURIER SERVICES FOR IDBI
BANK’s BRANCHES / OFFICES PAN INDIA".
Process for evaluation of Tender;
i. Initially Technical Bids will be opened on February 28, 2019 at 3.00 PM at 9th
floor, Accounts Payable Unit(APU) IDBI Bank, Annexe Building, Plot No.
39/40/41, Sector 11, CBD Belapur, Navi Mumbai 400614 in the presence of
interested bidders or their authorized representatives. In case of variations /
conditions / deviations, if any stipulated by the bidders, these will be
discussed individually with respective bidders and after giving clarifications if
needed.
ii. The Technical Bids will be scrutinized and the Pre-qualified bidders will be
intimated about the Financial Bid Opening date and time. Those bidders who
have not submitted EMD in lieu of having NSIC / UDAI registrations need to
submit Security deposit before the stipulated time. Those bidders who submit
SD before 3 pm on the Financial Bid opening date would only be considered
for opening of their price bid.
This Tender Notice shall form part of the contract
Place :- Mumbai Sd
Date :- February 12, 2019 On behalf of IDBI BANK Ltd.
-
4
II. PRE-QUALIFICATION CRITERIA:
The prospective CSP shall fulfill the respective pre-qualifications (Eligibility Criteria)
mentioned below; otherwise their bids will not be considered valid for the bid evaluation
process and will be rejected forthwith. The decision of IDBI Bank shall be final,
conclusive and binding on all parties. The CS Provider shall submit all supporting
documents and in the case of non-submission, the bid is liable to be summarily rejected.
a. The CSP should be in the business of providing courier services for at least last
5 year and should be an incorporated body with good track record and
capabilities to handle large volumes ( at least Fifty Thousands consignments per
month, substantiated with documentary evidence ) & also have average annual
turnover of not less than Rs. 30 crores during the last three years i.e. FY 2015-
16, 2016-17 and 2017-18 of bidding company and not group company.
.
b. The CSP should have experience of having successfully rendered courier
services to Financial bank/financial institution/ Government & semi Government
bodies and large corporates. [One contract of value approx. of Rs.6 crore, or 2
contracts of value approx. Rs. 3 crore each, or 3 contracts of value of Rs. 2 crore
each.]
(copies of work order from the said clients may please be submitted)
c. The CSP should have All-India presence through a wide network of
offices/branches, to cover all IDBI Bank branches. (List of IDBI Bank
branches/offices to be obtained from the website of IDBI Bank and list of CSP
Branches to be furnished with Technical Bid.). The CSP should be able to
serve minimum above 50 % of bank’s network.
d. The CSP should have functional Branch/ZO/Regional Offices across the country,
including Branch/Regional Offices at Mumbai, Kolkata, New Delhi, Chennai,
Bangalore, Hyderabad, Ahmadabad, Guwahati, Bhubaneshwar, Nagpur,
Chandigarh and Pune. ( List of centres to be furnished).
e. Track record of the CSP should be clean and should not have any involvement in
dispatch of illegal articles or f i n a n c i a l frauds. Tenders must be accompanied
by a declaration to this effect on the letter head of the bidders. Tenders without
declaration will not be considered and will be rejected forthwith.
f. The CSP whose contract in the past was terminated during the contract period
due to unsatisfactory performance or was awarded the contract in the past but
-
5
refused to continue the contract/refuses to sign the agreement as given by the
Bank will not be eligible for applying now /considered for empanelment. A
declaration on letterhead of the bidder shall be produced.
g. The CSP should not have been put in the negative list by any public sector
bank/govt. organization, for breach of applicable Laws or violation of regulatory
prescriptions or breach of agreement (A declaration to this effect on the
letterhead of the bidder shall be produced).
h. The CSP shall possess the qualification/execution capabilities to address the
Courier Service requirement at all the locations of the Bank on pan-India basis.
Services to be made available immediately upon receiving intimation from the
Bank. The CSP shall be
e q u i p p e d with proper infrastructure to render the required services at all
locations. The CSP should have full-fledged website/web portal in its/their name.
websites only with home/index page will not be treated as genuine website.
Website shall have provision for online tracking facility for the consignment.
The CSP shall have e-mail setup in their offices/hubs to resolve the
complaints/queries over e-mail.
i. The Earnest Money Deposit (EMD) of Rs.50,000 ( Rupees Fifty thousand only) in
the form of Demand Draft/Pay Order drawn in favour of “IDBI BANK LTD”
payable at Mumbai is to be submitted along with the tender application. Vendors
having NSIC/UDAI registration need not submit EMD along with Technical Bid
(please submit copy of relevant registration certificate). Such vendors will need
to submit Security Deposit of Rs.50000/- before opening of Financial Bid by way
of DD/Pay Order drawn in favour of “IDBI BANK LTD” payable at Mumbai.
j. The EMDs of the unsuccessful bidders will be refunded within 30 days from
opening of Financial Bid without any interest. The EMD of the successful bidder
would be converted into interest-free Security Deposit and would be refunded at
the time of end of the contract period. Tender without EMD would not be
considered.
*****
-
6
II. INSTRUCTIONS FOR TENDERING
1. Subsequent to opening of this tender the Lowest Bidder’s (L1) rate will be
communicated to agencies (up to L10) who have participated in the tender and are
willing to provide service at L1's rate would be empanelled as indicated below.
2. The format of willingness to provide service at Lowest bidder’s rate (L1’s rate) is
furnished in this tender at Annexure-II, which is to be signed by the CSP while
submitting Tender. Once the Tenders are opened, the L1’s rate will be communicated to
9 bidders in the order of L2, L3, L4 etc up to L10, who have signed this page of Tender
document. Even if a CSP is coming as L2 and is not signing the page they will not be
contacted by Bank for confirmation and for considering for awarding works on L1’s rate.
3. Upon getting confirmation from CSPs L2 to L10 about their willingness to provide
service at L1’s rates, the panel of CSPs will be made in the order of their ranking. The
lowest bidder cannot raise any objection / claim in Bank making a panel and Bank
availing services at L1’s rates from any member in the list to any of the Panel of CSPs
who have participated in the Tender process.
4. If any CSP defers to provide services after empanelment in any location, then
they will be removed from the panel for the particular state and the remaining vendors
will remain in the panel. If the CSP defers to provide services to locations more than
50% of Bank’s network locations, they may be called for discussions and may be
removed from the panel at Bank’s discretion.
5. EMD / SD of Rs.50,000/- submitted by the L1 CSP and other CSPs who have
agreed to carryout work at L1's rate would be considered as security deposit and would
be retained by Bank till the CSP is retained in the panel for availing services. The EMD
of remaining bidders who are not willing to work at L1's rate would be returned within 30
days from the date of opening of the Financial Bid.
6. Tender document shall be signed wherever provided for as well as all pages of
Tender documents shall be initialed at the lower right hand corner by the bidder.
7. The rates quoted by the bidder are inclusive of all charges/surcharges, excluding
taxes etc and no escalation in price will be payable for what so-ever reasons.
*****
-
7
III. (A) Terms and conditions of the Tender for Empanelment
1. Tender not accompanied by documentary evidence in respect of any items
indicated in pre-qualification criteria (indicated above) will not be considered
and will be rejected forthwith.
2. Tender received after the prescribed time and date will not be considered and
rejected forthwith. The decision of the Bank in this regards shall be final,
conclusive and binding on all the bidders. In the event of the last date for the
receipt of bids being declared a public holiday for the Bank, the bids will be
received up to the specified time on the succeeding working day.
3. The lowest rate in each category will be determined from the quotations received
from technically qualified bidders. The agencies, willing to extend their services
at the determined rates will be issued offer for enlistment. The Offer based on the
lowest bid price in each category or any other price to be decided by Bank would
need to be accepted within seven (7) working days from the date of issue of the
offer. Failure to accept the offer within this period will automatically result in
cancellation of the offer.
4. The Bank reserves the right to amend/modify the tender document or issuing any
corrigendum to be bid process.
5. Any effort by the vendor to influence the tender process may result in forthwith
rejection of any vendors bid.
6. The CSP should have enough trained and experienced personnel and manpower
to carry out the courier services as per Bank’s requirement, at all locations. The
CSP should have supervisory infrastructure to take care of all matters pertaining
to the staff deployed at these locations.
7. The successful bidders should open/have an account with IDBI Bank for
payments and all the payments will be paid/settled through the single account.
8. The contract, if awarded, shall be initially for a period of 2 years (including successful completion of trial period of 3 months) or less as decided by IDBI Bank Ltd. The above period can be extended for further period of three years (3 times, annual basis) on the same terms and conditions with mutual consent on observation of satisfactory performance and other aspects/considerations, as determined by the bank, at its sole discretion.
9. In the case of failure of providing the courier services for the minimum period of 1
year, the Bank shall have the right to forfeit the EMD amount/security deposited
by the successful bidders.
-
8
10. The CSP shall provide the courier services as given in scope of work’ (as
specified in the Point-IV clause ‘B’ and clause ‘A’ thereto) to the satisfaction of
the Bank. The performance of the CSP shall be reviewed on quarterly basis and,
in case the services are not found to be satisfactory, the contract shall be
terminated even before the expiry of contract period by giving one month’s
written notice. However, the contract is liable for immediate termination, without
any compensation, on violation of any of the provisions by the CSP. The Bank
may also terminate the contract in the instance of insolvency or bankruptcy of
CSP of change of ownership of the business of CSP. The Bank shall not pay
any compensation for such early termination, under any circumstances.
11. IDBI Bank Ltd reserves the right to terminate the contract at any time during the
currency of the contract period by giving one month prior notice in writing without
assigning any reason therefore. However, the CSP shall not terminate the
contract for the period of minimum 1 year from the date of awarding of the
contract and thereafter may terminate the contract by giving three 3 months prior
notice in writing, in case it decides to stop the services. In the case of failure of
providing the courier services for the minimum period of 1 year, the Bank shall
have the right to forfeit the EMD amount paid/deposited by the successful bidder.
12. The CSP shall also permit the Bank hold or deduct the amount from bill/security
deposit, for non-performance or part performance/substandard
performance/interrupted performance or failure to discharge obligations under
this contract. The same shall be incorporated in the agreement.
. Security Deposit : The EMD of the successful bidder will be converted into
security deposit on award of contract/acceptance of the offer by IDBI Bank and
shall not bear any interest. The Security Deposit would be returned within 90
days of completion of the contract by natural efflux of time or otherwise after
deducting any payment due by the contractor to the Bank in terms of contract or
otherwise. The decision of the Bank in this regard shall be final, conclusive and
binding. EMD of the unsuccessful bidders would be refunded within 30 days from
the date of opening of Financial Bid and shall not carry any interest.
13. The Bank shall be entitled to adjust the dues out of monthly bills of the CSP or
security deposit or recover from CSP the cost towards loss or damage caused by
the CSP or its staff in the case of any loss/damage of any documents,
deliverables, etc., or against any other liability of the CSP.
14. In the event, any damage is caused to the movable property of the Bank, the
Bank reserves the right to compute the damage in terms of money and to deduct
-
9
the money from the monthly bills of the CSP or security deposit or recover from
CSP.
15. The CSP shall obtain, at its own cost, any license or permission of any sort
whatsoever (viz., labour license from Assistant Labour Commissioner and
register with Employees” state insurance corporation and Office of the Regional
provident Fund Commissioner, registration and Office of the Regional provident
Fund Commissioner, registration under shops & Establishments Act, The
carriage By Road Act, 2007, etc., that may be required under various Acts of the
central / State Government Authorities, for carrying out the said activity and such
Registrations and license as may be deemed necessary for engagement of
contract workers for such purpose.
16. The CSP shall comply with the provisions of all Labour Laws, which are
applicable to the contractor’ or his employees and shall be solely responsible for
liabilities arising out of such compliance, non-compliance or implementation or
non-implementation thereof. The CSP shall furnish proof of compliance
(Compliance Certificates from Statutory Authorities) of all Labour Laws
requirements / shops and Establishments license / The Carriage by Goods Act,
2007, including obtaining licenses, filing of monthly / quarterly and annual returns
and any other statutory requirement within 15 days from the due date, and
furnish calculations and proof of payment / challans, made to all Government /
statutory Authorities under PF, ESIC, Labour Welfare Fund Act, payment of
Bonus Act, Shops & Establishments Act, any other applicable laws, etc., within
15 days of the statutory time limit allowed under the respective Acts and all other
statutory rules as amended from time to time.
17. The CSP shall indemnify the Bank from and against all liabilities, claims and
demands arising out of any payments or reimbursement made by the bank to
Government (Central/state, semi-Government), statutory authority or any
payment made under any statue/notification of the Government (Central/State) or
statutory authority in respect of the employees of CSP or in respect of any claims
made by the CSP’s employees against the Bank. The CSP shall promptly
reimburse IDBI Bank all payments made and expense incurred by the Bank in
respect of the payment referred to above in this clause. Pls attach no dues
certificate on letter head of bidder.
18. The CSP shall also be responsible for maintenance of proper records as required
under the provisions of various Labour Laws / Statutory Acts applicable to them
and its employees and produce them for inspection as and when demanded by
the Bank or any appropriate labour authorities.
-
10
19. The CSP shall make the payment to personnel engaged by it as per minimum
wages notified by the Office of the Regional / Central Labour commissioner from
time to time. The CSP shall satisfy the Bank showing adequate recorded proof
that the minimum wages, ESIC, Contribution to provident fund, etc., as applicable
are being paid to its personnel as required under various statutory Acts notified
by the Government from time to time. IDBI Bank Ltd on its part shall not be liable
to pay any charges, dues, compensation under any of the industrial laws or other
laws applicable to the personnel which shall be the sole responsibility of the CSP
and the CSP alone shall be the employer of such personnel.
20. The CSP is expected to start services(s) within a maximum period of 7 (seven)
days from written intimation sent by / from IDBI Bank Ltd. or such time as may be
permitted by the Bank. In case the CSP is not able to takeover all required
services in the stipulated period of time from the date of written intimation and/or
the CSP has not been able to render the courier services to the satisfaction of
IDBI Bank Ltd. shall be entitled to terminate the agreement and is not bound to
take any services from that CSP concerned and/ or relocate/re-allot the services.
21. The CSP shall not employ any person who is prohibited by law from being
employed. The personnel deployed by the CSP shall not suffer from any physical
defects, which are likely to interfere with the efficient discharge of their duties.
They should also possess good physique and should not be suffering from any
contagious / major disease.
22. In the event of personnel not reporting for duty, alternate arrangements /
replacement shall be made by the CSP immediately, without jeopardizing the
work / business of the Bank’s Branch/Office. An authorized representative of the
CSP shall ensure his / her service at short notice when required by the Bank.
23. During surprise checks by any authorized officer of the Bank, if a particular
personnel is found negligent on duty, the CSP will have to withdraw that
personnel found negligent in duty, the CSP will have to withdraw that personnel
from the Bank forthwith and suitable penalty will be imposed by the Bank as
stated in the respective contract agreement which may even entail cancellation /
termination of contract for the rest of the period.
24. The CSP shall take necessary safety measures and CSP shall be solely
responsible for the safety of personnel engaged by it. The CSP shall provide
appropriate bags / covers, umbrella, raincoat, etc., to all its personnel, to render
the required services to the Bank.
-
11
25. The Bank shall not be responsible for any accident / injury or loss of life of any of
the persons engaged by the CSP that may take place while performing /
executing the contract. Any compensation or expenditure towards the treatment
of such injury or loss of life shall be the sole responsibility of the CSP at its own
cost. The CSP shall obtain appropriate insurance policy for its personnel towards
meeting the liability of compensation arising out of death, injury, disablement etc.,
while at work (documentary evidence of insurance policy to be submitted to IDBI
Bank Ltd, within 7 days).
26. The CSP shall, at its own cost, obtain appropriate / adequate transit insurance
policy for transporting important documents / parcels / boxes of the Bank (
documentary evidence of transit insurance policy is to be submitted to IDBI Bank
Ltd. Within 7 days).
27. The CSP shall abide by all the rules and regulations laid down by the Bank
authorities from time to time. The Agency or its personnel shall not at any time
do, cause or permit any nuisance at the site / do anything which shall cause
unnecessary disturbances or inconvenience to the occupants/visitors at site or
near the site of work.
28. The CSP shall undertake to engage, employ and provide the requisite number of
personnel for the purpose and also the responsible for payment of their entitled
emoluments and dues, discipline and work. The CSP must ensure that the
persons are of highest standards of integrity, discipline and capability. The CSP
shall be responsible for all acts done by the personnel engaged by it and for
maintenance of proper discipline by his personnel at the premises of the Bank.
Any act of indiscipline / misconduct on the part of any personnel engaged by the
CSP resulting in any loss the Bank, in kind or cash, will be viewed seriously and
the Bank Shall have the right to levy damages or fine from the CSP and even
terminate the contract forthwith. The CSP shall ensure that performance and
quality of all its courier personnel/ supervisors, will be reviewed on regular basis.
29. Personnel employed by the CSP for providing services to the Bank shall be its
employees and not of the Bank, in any way, whatsoever. The personnel engaged
by the CSP shall not have any employee-employer or master-servant relationship
with Bank and they shall not have any claim whatsoever for employment in the
Bank, now or at a future date.
30. The CSP shall not sub-contract the works.
31. The CSP shall submit the monthly consolidated bills collected from branches
(duly verified by concerned IDBI Bank’s branch officials) and should be submitted
in batches as per the schedule decided by the Bank along with list in specific
-
12
format. The Bank shall pay charges on monthly basis upon submission of bills by
the CSP subject to the deductions of TDS at the prevailing rate as applicable
under the provision of income tax Act, 1961 and certified by the concerned
official at the respective IDBI Bank’s branch/office to the effect that the services
have been carried out as per the contract. Any other government guidelines
regarding GST etc. will also be followed.
32. All services to the Bank shall initially be on a TRIAL basis for 3 months, during
which period all dues for services provided shall be cleared by the Bank, but
further continuation of the contract, shall be possible only, at the sole discretion
of the Bank, on evaluation of their quality of services.
33. The CSP shall execute a service Agreement related to this contract on non-
judicial stamps paper as per the pro-forma prescribed by the Bank within 7
working days from the date of issue of work order / intimations of all agreements
and litigation related to this contract that may be entered into with the Bank. The
original copy of services agreement shall always remain in possession of the
Bank.
34. The finally selected CSPs shall have no right, whatsoever, to define the volume
of business to be necessarily given to them by the Bank. It shall be done at the
sole discretion and decision of the Bank, unconditionally.
35. The CSP shall provide weekly offs / holidays to its personnel as per statutory
laws / labour laws, but it shall be the responsibility of the CSP to provide
replacements and ensure uninterrupted services on all day and on 24x7 basis.
36. While selecting the CSPs, emphasis will be given on the ability and competence
in rendering good quality services. There shall be penalty clauses / penal
deductions against the CSP, in the Agreement, for courier services, in the case
of substandard & poor quality of services.
37. The Bidders / CSPs, who meet all eligibility criteria & terms and conditions in all
respects and are confident of providing good quality of service, shall submit their
Tender for Empanelment.
38. Bidders shall satisfy pre-qualification criteria (Point-II) to qualify in the Technical
Bid.
39. Conditional tenders/incomplete tenders will not be accepted and will be
summarily rejected.
40. No escalation in rates on any account will be permitted during the contract
period.
-
13
41. No advance will be paid.
42. Mere filling of the Bid Document form does not automatically qualify the CSP for
being selected / allotment of work. Bank shall have the right to reject any or all
Bid Documents without assigning any reason whatsoever, therefore.
43. Decisions relating to the contract: The decision of IDBI Bank Ltd in all respects of
the contract shall be final, conclusive and binding on both the parties.
44. The CSP shall maintain all information obtained by it and / or provided by IDBI
Bank Ltd. during the performance of service as strictly confidential.
45. In the case of any dispute arising out of or in relation to the agreement remedy
may be sought under the provision of the service agreement / contract.
46. The CSP shall maintain records of courier services and relevant inward / outward
movement of consignments and make it available for inspections to IDBI Bank
Ltd./ statutory authorities / regulatory agencies.
47. IDBI Bank Ltd. reserves the right to re-issue / re-commence the entire bid
process in the case of any anomaly, irregularity or discrepancy in regard thereof.
Any decision of IDBI Bank Ltd. in this regard shall be final, conclusive and
binding on the Bidder.
48. IDBI Bank Ltd. reserves the right to accept or reject in part or full of any or all the
bids as a consequence of this advertisement for tenders for Empanelment of
courier service provider for providing courier services thereof without assigning
any reason whatsoever. Any decision of IDBI Bank Ltd. In this regard shall be
final, conclusive and binding on the Bidder.
49. IDBI Bank Ltd. reserves the sole right for including any addendum / issuing
corrigendum to this entire bid process. The bidders shall not claim as a right for
requiring IDBI Bank Ltd. to do the aforesaid. At any time before the deadline for
submission of bids / offers, IDBI Bank Ltd. may, for any reason, whether at its
own initiative or otherwise, modify this Bid Document. All prospective bidders
who have received this tender document shall be notified that any further
addenda/corrigenda/extension of date / clarifications/response to bidder queries
in respect of the above tender shall only be posted on Bank website
www.idbi.com and no separate notification shall be issued in the press. Bidders
are therefore requested to regularly visit bank website to keep themselves
update in this connection. If required, in order to allow prospective bidders
reasonable time, in which to take the amendment into account, in preparing their
bids, IDBI Bank Ltd. reserves the right to extend the deadline for the submission
-
14
of bids. However, no request from the bidders shall be binding on IDBI Bank Ltd.
for the same.
50. The CSPs may submit tender only if the bids are/will be valid for at least 90
(Ninety) days from the last date of submission of bid. Any decision in this regard
by IDBI Bank Ltd. shall be final, conclusive and binding on the CSPs.
51. Proof of pickup and proof of delivery of empanelled courier will be deemed to
have provided services by empanelled courier and contracted rates will be
applicable.
52. Any tender received by the Bank after the last date and time of submission as
specified in the document shall be rejected forthwith / returned unopened to the
CSP. Any decision in this regard by the Bank shall be final, conclusive and
binding on the CSP.
52. The Bidders shall submit their offers strictly in accordance with the terms and conditions
of the Bid document. Any Bidder who stipulates conditions contrary to / in variance to the
conditions given in the Bid document is liable for rejection.
53. The Bid shall contain complete registered office address, Tel. No. & Fax No., e-mail for serving notices or any communication required to be served to the Bidder in connection with the Bid.
54. The Bidder(s) (whether he submits the Bid or not) shall treat the details of the document as secret and confidential and shall not share or part with third party without prior written consent of the Bank.
55. The Bank reserves the right to adjust/rectify any arithmetical or other error(s) in any Bid in the way that it considers just and suitable. Any adjustments/rectifications so made by the Bank shall be treated as stated to the Bidder(s).
56. Jurisdiction of Courts :The courts at Mumbai shall have exclusive jurisdiction to determine any proceeding/s in relation to the Contract/this Tender.
*****
-
15
III. (B) SCOPE OF WORK
The list of services to be provided to IDBI Bank Ltd. is given below:
1. The Courier Service Provider (CSP) shall have an establishment centrally
controlled and should be working 24 hrs a day, to facilitate dispatch of
documents / deliverables including Bank holidays and late hours in the night
throughout the year.
2. The CSP shall collect the documents/deliverable from the Bank’s branches/other
offices pan India at their own expenses, on daily basis at such time as may be
decided by the Bank or as advised by the Bank/branches from time to time and
dispatch/delivery of the same to various branches of the Bank and its customers
pan-India.CSP shall arrange to collect the document/deliverables through their
staff from the branches / other offices of the Bank with an assurance of efficient,
prompt dispatch and safe services with utmost efficiency and secrecy as per
Good Industry practice.
3. The CSP shall prepare the proof of pickup (POP) / proof of Delivery (POD) in the
Bank / Branch premises. No parcel / documents / deliverables will be allowed to
be taken out of Bank’s premises without POP / POD.
4. The CSP provider shall also accept the document / deliverable at its office and
provide acknowledgement thereof on the deliverable.
5. The CSP shall pick up the documents and deliverables promptly, and deliver the
same to the place within respective cities within 2 days, within 4 days PAN India
and North East states from the date of pick up.
6. The CSP shall arrange to deliver the important and emergency deliverables by
Express courier service by air, and shall ensure delivery of the same within 24
hours from the time of acceptance / pick up of the deliverables within the
applicable rates.
7. The CSP provider shall make arrangement for Transit Insurance for transporting
important document / parcels / deliverable across branches and customers at
their addresses pan India and vice versa.
8. The CSP shall have internet site / website and should be able to offer to the Bank
an online tracking facility of the deliverables / parcels.
-
16
9. The CSP shall maintain proof of deliveries and registers and produce the same
to the concerned officer of the Bank along with the bills.
10. The CSP shall maintain all information and provide MIS in excel / text format for
deliverables returned and delivered (date wise, region wise, etc.).
11. In the event of loss of the documents / deliverables, CSP shall report the matter
immediately to the officer concerned of the Bank / branch and also take
appropriate actions. The CSP shall also co-operate and assist the Bank officials
for recovering the said lost documents / deliverables.
12. The CSP should prepare and furnish the name(s) of the personnel visiting the
office (s) of the Bank on monthly basis.
13. The CSP shall be liable to pay penalty as decided by the Bank for unusual delay
in delivery, which will be recovered from the bills of the CSP.
14. The services of the CSP will be reviewed at quarterly intervals or as decided by
the bank and in event of service(s) being found unsatisfactory (deficient / sub-
Standard or not as per the terms & conditions of the services Agreement) at the
time of review or at any time during the intervening period, IDBI Bank Ltd.
reserves the right to terminate the contract by giving at least one month’s prior
written notice. If the contract is so terminated, IDBI Bank shall have full right to
re-tender or reallocate the contract to other CSP. The Bank’s decision shall be
final. Conclusive and binding on the parties.
15. The entire responsibility for taking, delivering the documents/deliverable is that of
the CSP and the IDBI Bank Ltd shall not be liable to pay anything for loss of
material or manpower during the period of the contract. The CSP shall be
responsible for any loss of documents / deliverables, etc., for negligence of
persons employed by it, including but not limited to civil and criminal liability
arising from the acts of its personnel.
16. The CSP should be equipped with system of centralized billing services for
collecting verified bills from branches and to furnish in batches as directed by
Bank. Confirmation to this effect is required.
17. The CSP should also have/or can undergo a tie up with postal services in case
where the bank branches are situated at remote places as per same terms &
conditions.
-
17
IV. Procedure for submitting tender:
The Tender shall be submitted in two parts viz. part-I (Technical Bid) and part-II
(Financial Bid) in two separate covers which are to be sealed and put in a master
envelope super-scribing with the words “Empanelment of Courier Service Agencies
– providing Courier Service to all Offices, Units, Branches and Centres pan-
India of IDBI Bank Ltd.”
Cover-I (Technical Bid)
This cover forming part-I of the Tender should be super-scribed with the words
“Empanelment of Courier Services Agencies to IDBI Bank Ltd - TECHNICAL BID”
and shall contain name, address, telephone numbers ( mobile and Landline ), and e-
mail ID of CSP ( one full time Director and one VP/GM, Partner, proprietor ) for
facilitating communications and shall contain the information / Document, duly
addressed to the Deputy General Manager ( Accounts Payable Unit ),IDBI Bank Ltd.,
9th floor, Annexe Building, Belapur, Navi Mumbai and be dropped in the Tender Box
placed on 9th floor, Accounts Payable Unit(APU) IDBI Bank, Annexe Building, Plot No.
39/40/41, Sector 11, CBD Belapur, Navi Mumbai 400614, Maharashtra on or before
upto 14:30 hrs (2.30 p.m.) of February 28, 2019. Tenders Submitted through
courier or hand delivery will not be considered.
For further details bidders may contact Shri J.K. Dave, DGM ([email protected]
,022-62264906 or Shri C.M. Chamoli, AGM ([email protected] ,22-62264943).
DOCUMENTS COMPRISING THE BID:-
The Bid prepared by the CSP shall comprise the following Documents/information:
Technical Bid Checklist
1. A) Organization Profile like year of establishment, name/s of
proprietor/partners/directors of the bidders with their residential addresses
and telephone numbers, etc.
B) self attested copy of deed of partnership, if the bidder is a partnership
concern;
C) self attested copies of certificate issued in the name of the company
under Shops and Establishment Act/ Local Govt. Authorities.
-
18
2. A) Business and Operational details like Annual turnover for last 3 year, (
2015-16, 2016-17 & 2017-18 )
B) Must have positive Networth for the last 3 year.
C) Manpower position ( present) No, of branches, self-attested copies of
Income-Tax Returns filed.
3. A) Declaration on letterhead of the bidder that it has never been involved
in any illegal activity or financial frauds.
B) Declaration on letter head of the bidder that its contract in the past was
not terminated during the contract period due to unsatisfactory
performance, nor it refused to continue the courier service for any
institution after the contract was awarded by the respective institution in
the past.
4. CSP’s Client details ( at least 3 ) with volume of business ( for last 3 years
i.e. 2015-16, 2016-17 & 2017-18 ) & average monthly billing. ( copies of
work orders of courier services from clients as indicated in above - at least
3 )
5. EMD of Rs.50,000/- ( Rupees Fifty Thousand Only ) in the form of pay
order/ DD payable at Mumbai favoring “IDBI BANK LTD.” payable at
MUMBAI.
NSIC registered Vendors or having UDAI registration are exempted from
submitting EMD at the time of submission of Technical Bid. But once the
Pre-qualification is completed, the pre-qualified bidders need to submit
Security Deposit of Rs.50,000/- before opening of Financial Bid in the form
of pay order/ DD payable at Mumbai favoring “IDBI BANK LTD.” payable at
MUMBAI.
6. Undertaking from the bidder on letter head that they have not modified any
part of the Empanelment Documents, downloaded bid documents from the
Website.
7. Application for Tender duly signed by the authorized person(s) of the CSP
(Annexure I) and covering letter for Financial Bid (Annexure III ).
8. The bidders must enclose the copy of terms & condition of the Tender and
scope of work - Points IV (A) & (B) duly signed by the authorized
person(s).
-
19
9. Financial Bid to be signed and stamped by authorizes signatory.
10. The CSP should be able to serve minimum above 50 % of bank’s network.
11. Bank would empanel vendors in the order of their quoting. Lowest(L1) rate
would be communicated to lowest first 10 vendors there who have given
willingness to provice service at L1’s rate as per Annexure-II herewith.
Note :-
A) It may be noted that tenders not accompanied by any one of the above documents or
satisfactory explanation therefore will be liable for rejection forthwith.
B) Document mentioned above from (1) to (11) may be submitted in serial order.
C) Bidder shall satisfy pre-qualification criteria (Point-II ) to qualify for participating in the
Technical Bid
D) Technical Bid (Cover-I ) shall not contain any Financial Bid.
E) Exceptions and deviations which bidder may desire to stipulate be given with the Technical Bid in a separate letter. (Bidders are advised to submit the tenders based strictly on the conditions of contract and specifications contained in the tender documents and not to stipulate any deviations. Should it, however, become unavoidable, deviations may be stipulated). The bidders may refrain from submitting conditional tenders. In case any bidder put any condition, he/she should be available him/herself or their authorized representative at the time of opening of the tender and the same has to be submitted in separate envelope. The Bank reserve the right to reject such deviations or evaluate the tenders containing deviations having financial implications by adding the cost for such deviations and/or as may be determined by the Bank. After assessing the condition(s), the Bank shall notify to the bidder / their authorized representative, its decision on the condition(s). Bank’s decision shall be final and binding on the bidders. However, the bidder shall have the choice to revise their price bid(s) in that case before starting the opening of Financial Bid. If the authorized personnel is not available / present during tender opening and conditional tender is submitted, the same will be rejected.
All concerned may note that only Technical Bid ( part – I ) will be opened at 15:00 hrs (3.00
p.m.) on the last date of receipt of the tender i.e. February 28, 2019 for pre-qualification of the
bidders.
Cover-II (Financial Bid)
This cover forming part II of Tender should be super-scribed with the words “Empanelment
for providing Courier services to IDBI Bank Ltd – FINANCIAL BID”. Rates for various
categories of courier services are to be indicated in the format as given in Financial bid
document. Covering letter for Financial Bid should be duly signed by the authorized person(s)
-
20
of the bidder. This cover will be opened subsequently, after short-listing the bidders based on
Technical Bids.
i) Before bidding, the CSP are requested to carefully examine the bidding documents
and the terms and conditions of the contract, and if there appears to be any
ambiguity and/or discrepancy between any of the bidding document they should
forthwith refer the matter to IDBI Bank for necessary clarifications. The prospective
Courier service provider may seek such clarification in writing by e-mail ( as per page
No.1 ) on or before 7 days prior to the final date of submission. IDBI Bank’s response
will be sent by e-mail.
ii) Only bidders, short-listed on the basis of the Technical Bid shall participate in the
financial Bid.
iii) The lowest rates in each category will be determined from the quotations
received from technically qualified bidders. The agencies willing to extend their
services at the determined rates will be issued offer for enlistment. The offer
based on the lowest bid price in each category or any other price to be decided
by bank would need to be accepted within seven ( 7) working days from the
date of issue of the offer. Failure to accept the offer within this period will
automatically result in cancellation of the offers.
iv) IDBI Bank Ltd shall have the right to decide the omission of the participating bidders
on the basis of Technical Bid, without giving explanation to anyone of the participants
of any other parties and also exclude them on the basis so decided by the Bank to
participate in the Financial Bid.
v) All the page of the Tender shall be signed by the authorized person(s) of the bidders.
All documents submitted should be self-attested with the seal of the bidder.
vi) CSP shall bear all costs associated with the preparation and submission of its Bid and
IDBI Bank Ltd. Shall, in no case, be held responsible or liable for such cost regardless
of the contact or outcome of the bidding process including cancellation or
abandonment of the bidding process.
vii) The Bid prepared by the CSP, as well as all correspondence and documents relating
to the Bid exchanged by the CSP and IDBI Bank Ltd. with supporting document and
printed literature shall be in ENGLISH only.
*****
-
21
Annexure- I
Covering Letter for Technical BID
Date : …………….………..
To,
Dy. General Manager,
9TH Floor,
Accounts Payable Unit
IDBI Bank Limited,
Annexe Building,
Plot NO.39/40/41,
Sector 11, CBD Belapur,
Navi Mumbai-400 614.
Dear Sir/Madam,
Providing Courier Services to IDBI Bank Ltd –Technical Bid
1. After going through the Tender Documents, the receipt whereof is hereby duly
acknowledge, we the undersigned, offer our services in conformity with the Tender
Documents.
2. We agree and undertake, if our Bid is successful & accepted, to deliver and commission
the Services in accordance with the delivery schedule specified by the Bank. We agree
that we would open a fresh account with IDBI Bank Ltd. for covering all transactions
relating to all our courier operations with IDBI Bank Ltd. throughout the period of
contract.
3. We agree and undertake to abide by the bid terms of IDBI Bank Ltd. including the rates
quoted therein for the orders awarded by IDBI Bank Ltd. up to the period prescribed in
the Bid, which shall be final, conclusive & remain binding upon us.
4. We agree to execute the Service Agreement as per the terms and conditions given by
the Bank in the Tender Document and until the same is executed, this Bid, together with
relevant documents duly initiated /executed shall constitute a binding contract between
us.
5. We agree and undertake that (if the bid is successful & accepted by you) and after
execution of the Service Agreement as part of the above contract, we will strictly observe
the laws inter alia, in particular, against fraud and corruption in force in India namely
“Prevention of Corruption Act, 1988” and similar laws and also strictly abide by and
observe all applicable laws.
6. We agree and confirm that you are not bound to accept the lowest or any Bid you may
receive and you also have the right to re-issue / re-commerce/ cancel/ annul or abandon
the Bid process. Any decision in this regard by you shall be final, conclusive and binding
on us.
7. The Earnest Money Deposit (EMD) of Rs.50,000(Rupees fifty thousand only) in the form
of Demand Draft/Pay Order brown in favour of “IDBI BANK Ltd” payable at Mumbai only
-
22
is to be submitted along with the tender application. The EMDs of the unsuccessful
bidders will be refunded without any interest. The EMD of the successful bidder would
be converted into any interest-free Security Deposit and shall not carry any interest and
would be refunded at the time of end of the contract period. Tenders without EMD would
not be considered.
The EMD shall be forfeited by the Bank in case:
The Bidder withdraws his bid during the bid validity period; or
The Bidder makes any statement or encloses any form which turns to be false,
incorrect and/or misleading at any time prior to signing of contract and/or
conceals or suppresses material information; or
The Successful Bidder fails to sign the contract or furnish performance security
and other guarantee(s)/security in the form and manner to the satisfaction of
Bank, as mentioned in the Bid Document.
Dated this ……………………………….Day of ……………………………………….2019.
(Signature & seal of Bidder) (Name) (In the
capacity of)
Duly authorized to sign the bid for and on behalf of (Company/Bidder)
********
-
23
Annexure – II
WILLINGNESS LETTER TO PROVIDE COURIER SERVICES AT LOWEST BIDDER’S
(L1’S) RATES
To
The Dy.General Manager ,
Accounts Payable Unit ),
IDBI Bank Ltd.,
9th floor, Annexe Building,
Sector 11, CBD Belapur,
Navi Mumbai
Dear Sir,
We are submitting tender for “ Providing Courier Services for Branches / Offices of Bank for
PAN India” and we have quoted our best rates in the Financial Bid.
If the tender submitted by us happens to be lowest; we will provide services on this rate to Bank
for all the locations. We further inform that we would be binding on the rates quoted by us and
would provide services for Branches and Offices of IDBI bank at all locations.
We further state that we do not have any objection / claim in Bank obtaining services from any
of the empanelled CSPs who participated in this tender process at the rate quoted by us.
In case we are not lowest, we indicate our willingness to provide services as indicated in the
tender at the rate quoted by Lowest bidder (L1’s rates).
However, we accept that all other terms and conditions stated in this tender would remain same
for the works awarded by bank in due course.
Dated ______day of_________________, 2019
Signed in the capacity of_____________________ duly authorized to sign tenders for an on
behalf of _______________
Yours faithfully
Signature of Authorized Signatory (With Seal & Name)
*****
-
24
(Stamps)
ANNEXURE III
FORMAT OF AGREEMENT
THIS AGREEMENT made at Mumbai on ___ day of _____, _____ BETWEEN IDBI Bank
Limited, a Bank registered under the Companies Act, 1956 (1 of 1956) and within the meaning
of Section 2(20) of Companies Act, 2013, bearing CIN- L65190MH2004GOI148838 and a
”Banking Company” within the meaning of Section 5 (c) of the Banking Regulation Act, 1949
(10 of 1949) and having its registered office at IDBI Tower, WTC Complex, Cuffe Parade,
Mumbai – 400005 and having its office at IDBI Bank Ltd, Annexe Building 9th Floor,
Plot No:39/40/41, Sector 11, CBD – Belapur, Navi Mumbai – 400 614, in the State of
Maharashtra (hereinafter referred to as “the Bank or “ IDBI Bank”), which expression shall,
unless repugnant to the context, mean and include its successors and assigns, of the One Part
and
M/s.________________________________, ________________________________,
(hereinafter called “The Successful Bidder”) which expression shall unless repugnant to the
context or to the meaning thereof be deemed to include their heirs, executors, administrators,
successors and permitted assigns) of the OTHER PART.
-
25
The Bank and the Successful Bidder(s) are hereinafter collectively referred to as
"Parties" and individually as Party-
WHEREAS IDBI Bank vide its RFP No .__________ dated _________(Tender) had invited Bids
from the eligible Bidder(s)s for Empanelment of Courier Service Agencies for providing courier
services at IDBI Bank’s branches and offices across India.
WHEREAS the Successful Bidder(s) has approached the Bank and expressed and represented
that they are having expertise in undertaking job contract for performing the job of Courier
Services at IDBI Bank’s branches and offices across India.
AND WHEREAS the Bank relying upon the representations and warranties made by the
Successful Bidder(s) has accepted its Bid for rendering the Said Job/the service(s), which
requires specialized and incidental services, which can be provided by an expert like the
Successful Bidder(s) for the sum of Rs. [] (Contract Price in Words and Figures) (hereinafter
called “the Contract Price”) and awarded the Contract for performing the job of Courier
Services at IDBI Bank’s branches and offices across India on the terms and conditions of
RFP/Tender dated ____________and also the terms and conditions hereinafter appearing.
NOW, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN
THE PARTIES HERETO AS FOLLOWS:
In this Agreement words and expressions not specifically defined shall have the same meanings
as are respectively assigned to them in the Tender.
The Tender together with all Annexure, Schedules and Forms of Tender amended from time to
time and this Agreement, and the other related documents shall be deemed to form and be
read and construed as part of these presents and the term and conditions stipulated therein
shall be deemed to have been incorporated in this Agreement and read as part of this
Agreement.
In consideration of the payment of the Contract Price in accordance and subject to terms and
conditions contained in Tender by the Bank to the Successful Bidder(s), the Successful Bidder(s)
hereby agrees and covenants with IDBI Bank to provide/render/deliver Said Job/the service(s)
and to remedy defects, if any therein, strictly in conformity in all respects with the provisions of
the Contract.
The Bank hereby agrees and covenants to pay the Successful Bidder(s) in consideration of the
Job/service(s) and the remedying of defects, if any therein, the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by the Contract.
It is hereby agreed by and between the parties as under:-
-
26
1. The Successful Bidder agrees & undertakes to carry on all the jobs/services as per Annexure ‘A’.
2. For carrying out the said jobs the Successful Bidder(s) will be paid by the Bank charges, the details of which are as shown in Annexure ‘B’. The Successful Bidder(s) will submit his bill/ invoice within 5 days of the succeeding month in which the said services are rendered.
3. The Successful Bidder(s) shall comply with the provisions of all Labour Laws, which are applicable to the Successful Bidder(s) or his employees and shall be solely responsible for liabilities arising out of such compliance, non-compliance or implementation or non-implementation. The Successful Bidder(s) will furnish proof of compliance of all Labour law requirements, including obtaining licenses, filing of monthly/quarterly and annual returns and any other statutory requirement within 15 days from the due date and furnish calculations and proof of payments made to all government/Statutory Authorities under PF, ESIC, Labour Welfare Fund Act, Payment of Bonus Act, etc. within 10 days of the statutory time limit allowed under the respective Acts.
4. In order to induce IDBI Bank to enter into the Contract, the Successful Bidder hereby represents and warrants as of the date hereof, which representations and warranties shall survive the term and termination hereof, the following:
(a)The Successful Bidder is a duly organized and validly existing under the laws of India
and is in good standing under the laws of the Successful Bidder’s business and the
Successful Bidder has full authority to enter into this Agreement and to execute, deliver
and perform all of its obligations hereunder according to the terms hereof.
(b)The Successful Bidder has the expertise, resources, infrastructure, and qualified
manpower to provide the Services and hereby warrants that it shall provide the Services
meeting the highest quality standards as specified by the Bank from time to time.
(c)The Successful Bidder has the requisite experience and expertise, resources,
infrastructure, qualified manpower and other requisite resources to provide the Services
and hereby represents and warrants that all Services provided hereunder shall at all
times strictly conform to the requirements of this Agreement as set out herein.
(d)The Successful Bidder warrants that all Services provided hereunder shall conform to
the requirements of this Agreement and the Successful Bidder shall at all-time adhere to
good industry practices.
(e)The Successful Bidder warrants that it has obtained all applicable permissions,
licenses, permits and consents required to provide the Services and the same are valid
and subsisting that the Services shall be provided in compliance with all Applicable Laws
and the provision of the Services shall not result in the breach of any Applicable Laws.
-
27
(f)That the Successful Bidder shall procure all the necessary permissions and requisite
authorities approvals, consents, no objections and licenses for providing the Services
and shall keep IDBI Bank, its directors, officers, employees, representatives, consultants
and agents indemnified in relation thereto.
(g)There are no strikes, lockouts or other labour disputes or any other claim, litigation,
suits against the Successful Bidder, or to the best of the Successful Bidder’s knowledge,
threatened and/or pending against or affecting the Successful Bidder / its Personnel or
the properties/assets/revenues of the Successful Bidder and no material unfair labour
practice complaint is pending or, to the best knowledge of the Successful Bidder
threatened and/or pending against the Successful Bidder, before any Governmental
authority or Court or Tribunal.
(h)The Successful Bidder has not been blacklisted or de-empanelled or debarred from
providing the Services by any bank or financial institution or government or any
statutory authority or regulatory authority or any other institution & the Successful
Bidder is solvent.
(i)That the execution of the Service(s) herein is and shall be strictly in accordance and in
compliance with all applicable laws, as amended from time to time, the regulatory
framework governing the same and the good industry practice.
(j)That there are – (i) no legal proceedings pending or threatened against Successful
Bidder including winding up or insolvency proceedings or its team which adversely
affect/may affect performance under this Agreement; and (ii) no inquiries or
investigations have been threatened, commenced or pending against the Successful
Bidder or its team members by any statutory or regulatory or investigative agencies.
(k)That neither the execution and delivery by the Successful Bidder of this Agreement
nor the Successful Bidder compliance with or performance of the terms and provisions of
this Agreement (i) will contravene any provision of any applicable laws or any order,
writ, injunction or decree of any court or governmental authority binding on the
Successful Bidder (ii) will conflict or be inconsistent with or result in any breach of any
or the terms, covenants, conditions, provisions or stipulations of, or constitute a default
under any agreement, contract or instrument to which the Successful Bidder is a party
or by which it or any of its property or assets is bound or to which it may be subject or
(iii) will violate any provision of the Constitutional Documents (if applicable) of the
Successful Bidder.
5. The Successful Bidder(s) shall indemnify the Bank from all liabilities arising out of any payment made by the Bank to Government (Central/State, Semi-Government) statutory authority or any payment made under any statute/notification of the Government (Central/State) or statutory authority in respect of his employees or in respect of any claims made by the Successful Bidder(s)’s employees against the Bank. The Successful
-
28
Bidder(s) shall also indemnify the Bank from all liabilities arising out of poor/unsatisfactory performance of its employees.
6. It is clearly understood that the Successful Bidder(s)’s employees shall not have any employee-employer or master-servant relationship with the Bank.
7. The Successful Bidder(s) shall be responsible for all acts done by the Workmen / Employee engaged by him and for maintenance of proper discipline by his workmen / employee at the premises of the Bank. The Successful Bidder(s) shall also be responsible for maintenance or proper records as required under the provisions of various Labour Laws applicable to the Successful Bidder(s) and contract employees.
8. If in the opinion of IDBI Bank, acting reasonably, the Services have not been performed to the standards as described in this Agreement, IDBI Bank shall have the option to require the Successful Bidder to expeditiously correct any deficiencies in the Services at no cost to IDBI Bank. Deficiencies in Services shall be determined by reviewing the quality and timeliness of the Services. The Successful Bidder shall furnish personnel with the skills and experience appropriate to satisfy with the requirements of this Agreement. The Successful Bidder’s Personnel provided under this Agreement shall possess, in the aggregate, a range of skills that would permit individual Successful Bidder’s Personnel to perform job / assignment and provide the Services at operating levels as contemplated under the Agreement.
9. The Successful Bidder acknowledges that nothing herein shall give rise to any obligations on the part of IDBI Bank towards the Successful Bidder Personnel, and the Successful Bidder alone shall remain responsible for the Successful Bidder Personnel.
10. The Successful Bidder shall at all times use all reasonable efforts to maintain discipline and good order amongst its personnel and ensure that its personnel are aware of the code of conduct governing the services including the Services and resultant disciplinary action in case of breach of code of conduct by them during the course of their engagement for provision of Services contemplated herein.
11. If IDBI Bank deems any of the Successful Bidder’s Personnel unsuitable, incompetent, and dishonest or non-co-operative, it shall without delay, informs the Successful Bidder to remove the concerned person, the Successful Bidder shall do so and supply a replacement for such employee at its own cost and expense.
12. All employees/personnel, executives engaged by the Successful Bidder shall be in sole employment of the Successful Bidder and the Successful Bidder shall be solely responsible for their salaries, wages, statutory payments etc. Under no circumstances, shall IDBI Bank be liable for any payment or claim or compensation of any nature to the employees and personnel of the Successful Bidder. The Successful Bidder shall furnish such records and information as may be required by IDBI Bank in relation to the above and at such periodicity as may be specified by IDBI Bank. The Successful Bidder agrees, undertakes and confirms absolutely, irrevocably, unconditionally that the entire obligation with regard to payment of minimum wages, bonus, gratuity and all other statutory or non-statutory payments which may be applicable from time to time to the employees engaged by the Successful Bidder shall be principally with the Successful
-
29
Bidder and the Successful Bidder shall also be liable for payment to the employees engaged by him any revision in aforesaid laws affected by appropriate Government and liability and duty of IDBI Bank shall be limited only to the extent of reimbursement of the bills properly raised/payment of fees and not otherwise. If any liability, obligation, burden, claim or cost are suffered or incurred by IDBI Bank on account of breach by the Successful Bidder of the provisions of this clause, the Successful Bidder shall forthwith reimburse the same to IDBI Bank without any demur or protest whatsoever. The Successful Bidder hereby indemnifies IDBI Bank against any harm or cost or claim incurred or suffered by IDBI Bank due to breach of the Successful Bidder in terms of the obligations herein.
13. The Successful Bidder will furnish proof of compliance of all labour laws requirements including obtaining licenses, filing of monthly/quarterly and annual returns and any other statutory requirement within 15 days from the due date and furnish calculations and proof of payments made to all Government/Statutory Authorities under PF, ESIC, Labour Welfare Fund Act, Payment of Bonus Act, Minimum Wages Act, Payment of Wages Act, etc., within 10 days of the statutory time limit allowed under the respective Acts. The Successful Bidder shall be solely liable for the payment of all the past, present and future central, state and local levies, direct/indirect taxes, duties, fines and penalties (including without limitation GST,if any) by whatever name called, as may become due and payable in relation to the Services.
14. The Successful Bidder shall also be responsible for compliance of all laws with respect to the performance of Services under this Agreement. The Successful Bidder shall be responsible for all acts done by the Successful Bidder’s Personnel engaged by him and for maintenance of proper discipline by his personnel at the premises/establishments of IDBI Bank. The Successful Bidder shall also be responsible for maintenance of proper records as required under the provisions of various Labour Laws applicable to the Successful Bidder and contract employees. The Successful Bidder shall cause each of the Personnel to devote full time and effort, for the Term for performing the Services.
15. The Successful Bidder shall take insurance for its staff to be deployed with bank and shall keep the same valid and renewed for the entire tenure of the agreement. IDBI Bank shall have no liability whatsoever for any loss or injury to any individual assigned to perform the Services under this Agreement or otherwise, while on IDBI Bank's premises or anywhere else as a result of malfunction of any equipment or otherwise howsoever. The Successful Bidder will be solely liable for the aforesaid. The Successful Bidder undertakes to provide such documentary proof of compliance of this clause as may be required by the Bank or its authorities.
16. Further, the Successful Bidder shall put in place a business continuity plan and/or contingency plan for the purposes of ensuring continued rendering of Services undertaken by the Successful Bidder to the IDBI Bank. The Successful Bidder agrees to furnish the business continuity plan and/or contingency plan to IDBI Bank within a period of 07 days from signing of this Agreement and the Successful Bidder also agrees to make necessary changes, if any, to the business continuity plan or contingency plan as per instructions / directions given by the Bank after examination of the plan submitted by the Successful Bidder. The Successful Bidder shall maintain at its own expense during the Term, adequate insurance coverage including but not restricted to,
-
30
comprehensive general commercial liability insurance coverage, medical insurance coverage, insurance coverage against physical loss or damage to the Successful Bidder’s Personnel and property, fidelity insurance protecting against employees dishonesty, theft, robbery, forgery, altered documents and/or other dishonest acts and any other insurance as required by Applicable Laws and shall ensure that all such insurance policies remain in force and effect during the term/period of the Services by the Successful Bidder. Copy of such insurance policy shall be submitted to this office every year as and when such insurance policies is taken or renewed by the Successful Bidder.
17. In the event, any damage is caused to the movable or immovable property of the Bank or its client or to the property of the employees of the Bank, the Bank reserves the right to compute the damage in terms of money and to deduct the money from the bill/s of the Successful Bidder(s) or from the amount payable to the Successful Bidder(s) by the Bank and the remaining amount, if any, by way of civil damages.
18. The Successful Bidder(s) agrees and covenants not to use the Trademark and/or trade name of the Bank or letterheads of neither the Bank nor the Successful Bidder(s) will hold himself as an agent of the Bank. The relationship between the Successful Bidder(s) and the Bank being a principal to principal basis.
19. The Successful Bidder(s) shall not use the Bank’s address on his letterhead/stationery for purposes of Registration with any Government/Local Body or any other Company or person and no tenancy shall be created by the presence of his workmen / employee on the Bank’s premises
20. The Contract is valid for a period of 2 years commencing from April 1, 2019 or such period as intimated to the Successful Bidder(s) at least 15 days in advance and thereafter it will come to an end by afflux of time unless it is renewed in writing by the parties. The above period can be extended for further period of three years (3 times, annual basis) on the same terms and conditions.
21. During the above period of Contract, either party shall have the right to terminate this agreement as under:
i. By Bidder: by giving to the Bank 90 days prior notice in writing
ii. By Bank: by giving the Bidder 30 days’ notice in writing.
iii. The Bank may also terminate the Contract without assigning any reason whatsoever
in the following instances:
a) Failure by the Successful Bidder(s) to meet deadlines for performance of services or failing to meet the standards required by the Bank in the performing of services.
b) Insolvency or bankruptcy of the Successful Bidder(s).
c) Change of ownership of the business of the Successful Bidder(s)
-
31
d) Breach of any of the terms/ conditions of the tender documents and this agreement.
e) If the Successful Bidder fails or refuses to perform the services in the manner and / or within the time frames agreed in this behalf or abandons the services or any part thereof; or
f) If the Successful Bidder fails to start the required services to the satisfaction of IDBI Bank; or
g) If the Successful Bidder fails to provide adequate assurance of the Successful Bidder ability to meet the time frames of an assignment forming part of the services; or
h) If the Vendor fails to correct defects and deficiencies in any services in a timely manner; or
i) If any of the representations or warranties provided by the Successful Bidder are found to be false or incorrect; or
j) If a petition for insolvency, winding up or dissolution is filed against the Successful Bidder or any court receiver is appointed as receiver of all or any of the properties / assets of the Successful Bidder; or
k) If the Successful Bidder, intentionally or unintentionally, disregards or violates any applicable Laws or conditions of any applicable permits; or
l) If any proceedings civil or criminal, litigations civil or criminal is initiated or filed against the Successful Bidder or any of their directors/partner; or
m) If in the opinion of IDBI Bank the interest of IDBI Bank are jeopardized in any manner whatsoever ; or
n) If in the opinion of IDBI Bank it is expedient in the public interest or interest of IDBI Bank are to terminate this Agreement.
22. On termination and/or determination of this agreement, as aforesaid, the Successful Bidder(s) shall forthwith withdraw/remove himself and his employees, without assigning any reason.
23. In case of termination the Successful Bidder shall not be entitled to any benefits under this Agreement but would continue to be liable towards any antecedent liability, all obligations accrued before the date of termination and also for the obligations that must be fulfilled after termination.
24. Successful Bidder(s) will not cede any of its rights or delegate or assign any of its obligations in terms of this agreement without the prior written consent of the Bank.
25. Proof of pickup and proof of delivery of empanelled courier will be deemed to have provided services by empanelled courier and contracted rates will be applicable.
-
32
26. The Successful Bidder(s) guarantees that he / she is competent to carry out the services which he/she has undertaken in this contract. Any material misrepresentation shall lead to summary termination of this agreement.
27. The Successful Bidder(s) acknowledges that during the relationship with the Bank, the Successful Bidder(s) may become familiar with its confidential information including commercial and technical secrets and / or the confidential information of clients of the Bank.
28. The Successful Bidder(s) consequently agrees that during the period of performing services and subsequent thereto, the Successful Bidder(s) will not disclose to others or make use of directly or indirectly, any confidential information of the Bank or confidential information of a client of the Bank or of others who have disclosed it to the Bank under conditions of confidentiality, unless for a purpose authorized by the Bank. If there is any doubt about whether any disclosure or use is for an authorized purpose, the Successful Bidder(s) is to obtain a ruling in writing from the Bank and is to abide by it.
29. The Successful Bidder(s) shall take reasonable security precautions to keep confidential all information deemed confidential and shall not make unauthorized copies. He / she further undertakes to notify the Bank immediately upon discovery of any unauthorized use or disclosure of confidential material and shall assist the Bank in regaining of such material and mitigating the loss to the Bank there from.
30. IDBI Bank has issued a letter bearing reference no _____________ to the Service
Provider in connection with the Courier Services and the Service Provider has
communicated its absolute, unconditional and unqualified acceptance to the terms
detailed therein. The aforesaid letter dated _____________ forms integral part of this
Agreement.
31. No Sub-Contracting
Bidder / Service Provider shall not sub-contract any part of the Courier Services to be
rendered and/ or performed under and pursuant to this Agreement. Service Provider
shall seek prior written approval of IDBI Bank in case Service Provider intends to sub-
contract all or part of the Courier Services.
32. Severability
If any of the terms, covenants or conditions thereof as to application of such term,
covenant or conditions shall be held invalid as to either Party on circumstances by any
court having jurisdiction, the reminder of such terms, covenants or conditions shall not
be affected thereby, shall remain in full force and affect and shall continue to be valid,
legal, subsisting, binding and enforceable.
In case of any change in Applicable Laws in India that has an effect on the terms of this
Agreement, the parties agree that the Agreement may be reviewed, and if deemed
necessary by the parties re-negotiated in good faith.
-
33
33. Survival Of Provisions
In order that the Parties hereto may fully exercise their rights and perform their
obligations hereunder, such provisions of this Agreement that are required to ensure
such exercise or performance shall survive the termination of this Agreement for any
cause whatsoever.
34. The confidentiality obligations, the indemnity obligations, the governing law and
jurisdiction and dispute resolution shall survive the expiration, cancellation or
termination of this Agreement.
35. Entire Agreement
This Agreement contains all of the understanding and agreement or whatsoever kind
and nature existing between the Parties hereto with respect to written or oral
agreements, commitments, representatives, communications and understandings
between the Parties hereto with respect to the transactions herein contained.
36. Assignment
This Agreement shall not be assigned either fully or in part by Service Provider to any
third party without the prior written consent of IDBI Bank. IDBI Bank may at time, in
whole or in part, assign or transfer or any of its rights, benefits and obligations under
this Agreement to any third party without the consent of Service Provider.
37. Relationship Between Parties
Bidder / Service Provider is serving as an independent provider/ contractor to IDBI Bank
hereunder, and this Agreement creates no partnership, pooling or joint venture
relationship between the Parties, and no employment relationship between IDBI Bank
and the employees consultants, representatives of Service Provider.
It is clearly understood that the Service Provider employees shall not have any employee
or master-servant relationship with IDBI Bank. The personnel / employee of the Service
Provider shall continue to be the personnel / employee of the Service Provider and work
under its directions and shall not become or claim any employment from IDBI Bank
irrespective of the location of their work. Nothing contained in this Agreement shall be
construed or deemed to create any association, partnership or joint venture or employer
– employee relationship in any manner whatsoever between IDBI Bank and the Service
Provider. The Service Provider acknowledges that its rendering of Courier Services is
solely within its own control, subject to the terms and conditions agreed upon and
agrees not to hold itself out to be an employee or servant of IDBI Bank.
-
34
Nothing in this Agreement shall be construed as creating any contractual or other
relationship between IDBI Bank and any personnel of the Service Provider, nor any
obligation on the part of IDBI Bank to pay or see to the payment of any money due to
any personnel.
38. Amendment
No modifications, alterations, amendment or waivers of any provisions herein contained
shall be binding on the Parties hereto unless evidenced in writing signed by duly
authorized representatives of both Parties.
No failure or delay by any party in exercising any right, power or privilege hereunder
shall operate as a waiver thereof nor shall any single or partial exercise of any other
right, power or privilege. The rights and remedies provided herein shall be cumulative
and not exclusive of any rights and/or remedies provided by Applicable Law.
39. No Waiver
The failure of either Party, at any time during the currency of this Agreement, to require
performance by the other party of any provision of this Agreement shall in no way affect
the full right to require such performance at any time thereafter. The waiver by either
Party of a breach of any provision of this Agreement does not constitute a waiver of any
succeeding breach of the same or any other provision, nor shall it constitute a waiver of
the provision itself.
40. Preservation Of Documents
Service Provider shall preserve the documents, information and data relating to the
Courier Services rendered and/or performed by Service Provider pursuant to this
Agreement in accordance with the applicable legal and regulatory requirements as per
the Applicable Laws applying to IDBI Bank.
The Service Provider shall execute and deliver such additional documents and shall
perform such additional actions, as may be necessary, appropriate or reasonably
requested to carry out or evidence the transaction(s) contemplated hereby.
41. Headings
The heading of various Articles and Clauses herein is for convenience of reference and is
not deemed to affect the construction of the relative provisions.
42. Effective Date And Validity
-
35
This Agreement shall be deemed to have come into force and effect on and from the
date hereof. It shall be in force until its termination or 2 years/a period as decided by
IDBI Bank, from the date hereof whichever is earlier.
The Contract is valid for a period of 2 years by IDBI Bank, and thereafter it will come to
an end by natural efflux of time, without any further notice to be given by IDBI Bank to
the Service Provider, unless if, it is renewed in writing (up to 1 year at a time only, for
further three terms with a total maximum period of five years) on mutual consent.
43. Counterparts
This Agreement is executed in duplicate; the original shall be inthe custody of IDBI Bank
and the duplicate with Service Provider.
44. Rights
Any express statement of a right of a Party under this Agreement is without prejudice to
any other right of the Party expressly stated in this Agreement or existing at law.
45. Set Off
IDBI Bank may deduct or retain out of any monies, which may be due or become due to
Service Provider hereunder or otherwise, any amounts owed by Service Provider to IDBI
Bank hereunder or otherwise.
46. Governing Law This Agreement and any non-contractual obligations arising out of or in connection with
it are governed by Indian law. This clause will survive the expiration, cancellation or
termination of this Agreement.
47. For the purpose of this clause, confidential information will be deemed to extend to all confidential technical and commercial information, including, but not limited to the contents of reports, specifications, quotations, formulae, computer records, client lists, price schedules, customer lists, customers and the like.
48. Inspection/ Audit
(a) The Bank shall at all reasonable times have access to any site where the Successful Bidder(s) are performing any of the said Job/the Service(s) and such person shall have the right to inspect such performance and all documentation related thereto and to make and retain copies of the aforesaid documentation.
(b) The Successful Bidder(s) shall be required to keep complete and accurate records of all the operations and expenses in connection with the said Job/the service(s) provided to the Bank. All such records shall be kept on file by the Successful Bidder(s) for a minimum period of 3 (three) years from the date of the transaction. However the Bank
-
36
may consider taking over the records from the Vendor from time to time at its sole discretion.
(c) The Successful Bidder(s) shall, co-operate with the Bank’s, internal or external auditor to assure a prompt and accurate audit. The Successful Bidder(s) shall also co-operate in good faith with the Bank to correct any practices which are found to be deficient as a result of any such audit within a reasonable time after receipt of the Bank’s audit report. Such audits or reviews will be at the expenses of the Bank. However, if the audit discovers discrepancies or overcharges, then upon completion of such audit or review, the Successful Bidder(s) shall be bound and liable to reimburse to the Bank such discrepancies or overcharges and for the cost of the audit. Further in case of discrepancies, duplicate payment or overcharges being discovered, the cost of audit will also be recoverable from the Successful Bidder.
49. Compliance with RBI and other Regulatory requirements
The Bank / Successful Bidder(s) shall individually obtain the necessary regulatory and
statutory approvals from the RBI or other regulatory/statutory bodies, if any required,
for said Job/the service(s). Any demand for information regarding any of the matters to
the extent mutually agreeable under this Agreement called for by the RBI or any other
regulatory body shall be promptly responded to by the concerned Party. The Successful
Bidder(s) undertakes to comply all the statutory and regulatory requirements under the
Applicable Laws in connection with said Job/the service(s) including Labour and
Industrial Laws. All RBI guidelines on outs