tender on website. · b) the aforesaid amounts are required to be paid either through neft/rtgs....

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Tender on website.

1. Title of the Tender : Proposed Appointment as

Bank’s Public Relation (PR) Agency

2. Category : General

3. Zone : Head Office

4. Item : Miscellaneous

5. Tender Date : 31/12/2018 (Monday)

6. Last Date of Submission : 21/01/2019 (Monday up to 03.00 PM )

7. Display from : 31/12/2018

8. Display up to : 21/01/2019

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Notice Inviting Tender

for

Appointment of Public Relation Agency

Bank of India invites applications as per prescribed forms for appointment of Public

Relation Agency from eligible Public Relation Agencies who fulfill the prescribed

selection criteria as listed in this tender document. While the Request for Proposal (RFP)

is floated with an intent to appoint one Public Relation Agency, there is no commitment

on the part of the bank to necessarily select one public relation agency. The RFP

document is not a recommendation, offer or invitation to enter into a contract, agreement

or any other arrangement in respect of the services. The provision of the services is

subject to observance of selection process and appropriate documentation being agreed

between the Bank and any successful bidder as identified by the Bank after completion

of selection process. The bank also reserves its right to cancel this RFP at any stage

without assigning any reasons whatsoever.

Disclaimer:

a) The information contained in this Request for Proposal (RFP) document or

information provided subsequently to bidder(s) or applicants whether verbally

or in documentary form by or on behalf of Bank of India (Bank), is provided to

the bidder(s) on the terms and conditions set out in this RFP document and

all other terms and conditions subject to which such information is provided.

b) The RFP document is not a recommendation, offer or invitation to enter into a

contract, agreement or any other arrangement in respect of the services. The

provision of the services is subject to observance of selection process and

appropriate documentation being agreed between the Bank and any

successful bidder as identified by the Bank after completion of the selection

process.

c) This RFP is neither an agreement nor an offer and is only an invitation by

Bank to the interested parties for submission of bids. The purpose of this RFP

is to provide the bidder(s) with information to assist the formulation of their

proposals. This RFP does not claim to contain all the information each bidder

may require. Each bidder should conduct its own investigations and analysis

and should check the accuracy, reliability and completeness of the information

in this RFP and where necessary obtain independent advice. Bank makes no

representation or warranty and shall incur no liability under any law, statute,

rules or regulations as to the accuracy, reliability or completeness of this RFP.

Bank may in its absolute discretion, but without being under any obligation to

do so, update, amend or supplement the information in this RFP.

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The RFP document contains statements derived from information that is believed to

be true and reliable at 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 Bank in

relation to the provision of services. Neither Bank nor any of its directors, officers,

employees, agents, representative, contractors, or advisers gives any representation

or warranty (whether 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 Bank nor any of its directors, officers, employees, agents,

representative, contractors, or advisers has 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.

d) This is not an offer by the Bank but only an invitation to bid in the selection process

initiated by the Bank. No contractual obligation whatsoever shall arise from the RFP

process until a formal contract is executed by the duly authorized signatory of the Bank

and the Bidder.

e) Subject to any law to the contrary, and to the maximum extent permitted by law, Bank

and its directors, officers, employees, contractors, representatives, agents, and advisers

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 and whether express or implied), including forecasts,

statements, estimates, or projections contained in this RFP document or conduct

ancillary to it whether or not the Losses arises in connection with any ignorance,

negligence, casualness, disregard, omission, default, lack of care, immature information,

falsification or misrepresentation on the part of Bank or any of its directors, officers,

employees, contractors, representatives, agents, or advisers.

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Scope of work and brief for Public Relation Agency

PR Objectives:

(a) To position Bank as a fast growing Universal Banking entity covering a wide

spectrum of the BFSI sector offering a wide range of products, backed by

competent professionals with rich domain expertise

(b) To increase visibility and enhance top of mind recall of Bank amongst its

large audience, leveraging which would help Bank attracts both retail and

corporate clientele.

(c) To nurture & enhance the profile of the Bank, consistent with its size, stature

and performance amongst the people in general (that includes the existing

and potential customer of Bank), the financial community (analyst and the

fund managers), potential investors, shareholders, and the media.

(d) To manage investor perceptions based on Bank’s achievements, financial

performance and strategic initiatives for sustained growth and achieve fair

valuation.

Targeted work for PR Agency:

1 Target Audience:

(a) National media including financial publication, magazines, regional

publication, electronic channels and on line media.

(b) Financial community

(c) Shareholder/Potential shareholders

(d) Other stake holders (employees & customers)

2 Continuous Media Activities:

(a) Identify and maintain a national list of media professionals relevant to

the company.

(b) Assist in managing one to one relationships of the management with

all identified media professionals.

(c) Continuously monitor the media for placing PR messages in industry

stories.

(d) Interact with BANK officials to create a communication calendar

based on non- internal and external communication opportunities.

3 Media activities :

(a) Developing all editorial communications to be disseminated to the

media including information kits, press releases, backgrounders

features, etc.

(b) Managing all media events like press conference, select briefings and

one-on- one meeting.

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(c) Disseminating information on national basis or locally, (as per

business requirements) through press releases and other mode of

communications.

(d) Preparing impact report of such initiatives

4 Market Intelligence & Managing Reporting:

(a) Present a report on daily basis covering news on Bank, peers and the

BFSI sectors.

(b) Produce a comprehensive report at the end of every month giving

detailed coverage for Bank and analysis of the same.

5 Crisis Communication:

(a) Prepare a proactive strategy

(b) Identify the target audience for communication

(c) Chalk out the key message

(d) Design the communication plan

(e) Ensure effective implementation of the plan for desired results.

6 Internal Communication Activities:

(a) Assist Bank in identify internal communication opportunities and also

designing a communication policy and plan based on long term and

short term objectives.

(b) Assist Bank in creating internal communication literature at regular

interval.

7 Demographically Target Area: 20 cities

Mumbai Bengaluru Ranchi Dehradun Pune

Delhi Hyderabad Patna Chandigarh Bhopal

Kolkata Kochi Guwahati Jaipur Raipur

Chennai Bhubaneswar Lucknow Ahmedabad Vishakhapatnam

8. Investor Relation:

(a) Prepare and execute a communication strategy for Analyst and

investors

(b) Arranging for investor meets, analyst meet, and conference calls.

9. Digital PR:

(a) Dissemination of Bank related information including press

communications in digital space.

(b) Assist Bank on presence in social media.

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(c) Preparation of monthly reports on Bank related observation in digital

space.

10 Other miscellaneous activities associated with PR as may be required.

The list of other sample deliverables are:

(a) Drafting all external communication matters including articles

/speeches

(b) Media training for Bank Staff including spokes persons twice in a

year.

(c) Media audit/perception study and media planning once in a year

INSTRUCTIONS FOR TENDERING

1 Before tendering the Tenderer are requested to carefully examine the Tender

Document, Terms and condition of assignment, specification and if there is any

ambiguity they should immediately refer the matter to Bank, for clarification.

2 (i) The Tenderer shall complete the annexed form of tender and information called

for therein and shall sign with date each page of the Tender documents.

(ii) The tender should contain a name with designation, an address, Tel. No. and e-mail id for serving notices to the Tenderer in connection with the tender. (iii) Tenders should be submitted in sealed envelopes clearly indicating on top of the envelopes “Appointment of Public Relations (PR) Agency” – Technical Bid and “Appointment of Public Relations (PR) Agency” – Price Bid, separately in two covers.

3 All form may please be filled up in Arial 12 fonts in double spacing format.

4 The bidder should enclose the proofs of document for qualifying requirement.

Document not required as part of the tender should not be provided.

5 Bank does not bind itself to accept the lowest or any tender and has the right to

refuse any Tender a without assigning any reason or select any Bidder/Single

bidder that is in the final evaluation list. Bank also has a right to re issue the tender

without Tenderer having the right to object against such reissue. Bank also reserve

the right to extend the validity period of the tender.

The prospective Public Relations Agencies meeting the requirement may

submit their Tenders (Two Cover System i.e. separate covers for Technical Bid

and Price Bid).

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 / Price Bid consists of fee offered. Detailed tender

documents consisting of Technical Bid and Price Bid can be available on line at

www.bankofindia.co.in

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

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a) However, the Bids can be submitted only after depositing the following amounts in

favor of Bank of India as under, within the period of Bid submission:

i. A non-refundable amount of Rs.5,000/- (Five Thousand only) towards cost of Bid document and

ii. An amount of Rs.3,00,000/- (Three Lakh only) towards Initial Earnest Money Deposit (EMD) / Bid Security

The amounts mentioned at a (i) and (ii) above are to be deposited 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

b) The aforesaid amounts are required to be paid either through NEFT/RTGS. Authorization of payment made through NEFT/RTGS takes time of 2 hours to 2 days depending on your bank. However online payment gets authorized immediately in most of the cases.

After depositing the EMD payment, prospective Bidders are required to send an e-mail in this regard to e-mail id [email protected] stating the transaction details viz. Amount, Date of Transfer, UTR No., Bank, Sender’s Name, RFP Ref. No. etc.. Only upon receipt of details of payment of EMD, cost of bid document and verification of the same by the Bank, bidder will be considered as authorized to participate in the bid. In case of failure to submit the payment towards EMD and Cost of Bid document for any reason, the Bidder will be disqualified for the bidding process and the bid submitted by such bidder will be rejected at initial stage itself.

The last date of submission of tenders is up to 3.00 P.M. on 21.01.2019.

All bids contained in the sealed envelope (separately for Technical Bid and Price

Bid) as above must reach to, The General Manager, Bank of India, Publicity & PR

Department, Head Office, Star House-I, C-5, G Block, Second Floor, West Wing, Bandra-

Kurla Complex, Bandra (East), Mumbai – 400051 on or before 21st January 2019, by

3.00 PM . Technical Bids will be opened on 22nd January 2019 at 3.30 PM. Any tender

received by Bank after the dead line of submission of tenders prescribed by the Bank will

be summarily rejected. Bank shall not be responsible for any postal delay or non-receipt

/non delivery of the documents. All bidders’ authorized representatives to be present on

date the bids are opened at the venue Bank of India building, 8th floor Conference room ,

Bandra - Kurla Complex, Star House-1, Head Office, Mumbai at 3.00 PM.

Technical Bid will be opened at 3.30 P.M. on 22.01.2019

Clarification and Amendment to the RFP

mailto:[email protected]

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The Bidder should carefully examine and understand the specifications, terms and conditions of the RFP and may seek clarifications, if required. Any request for clarification must be sent by the bidders in writing in the same serial order of that of the RFP by mentioning the relevant page number and clause number of the RFP strictly in the format given below:-

Sr. No. Page Point / section

Clarification point as Stated in the tender document

Queries Explanation/ Remark, if any

All communications regarding points requiring clarifications and any doubts may be sent vide e-mail to [email protected] addressed to the General Manager, Publicity Department, Bank of India, Head Office, Bandra (E), Mumbai 400051 on /or before 5:00 PM by 5th January 2019.

Pre-Bid Meeting:

A pre-bid meeting of the intending bidders will be held as scheduled below to clarify any point/doubt raised by them in respect of this RFP.

Date Day Time Venue

09/01/2019 Wednesday 3.30 PM Bank of India, Head Office, Star House 1, 8th Floor (West Wing) C-5, G Block, Bandra Kurla Complex, Bandra (E), Mumbai 400051

No separate communication will be sent for this meeting. If the meeting date is declared as a holiday under Negotiable Instruments Act by the Government subsequent to issuance of RFP, the next working day will be deemed to be the pre-bid meeting day. Authorized representatives of interested bidders shall be present during the scheduled time. In this connection, Bank will allow a maximum of 2 representatives from each Bidder to participate in the pre-bid meeting.

Bank has the discretion to consider any other queries raised by the bidder’s representative during the pre-bid meeting.

The Bank will consolidate all the queries and any further queries during the pre-bid meeting and respond vide e-mail and if necessary, will upload the responses on its website on or before 11.01.2019. The clarification of the Bank in response to the queries raised by the bidder/s, and any other clarification/amendments/corrigendum furnished thereof will become part and parcel of the RFP and it will be binding on the bidders. Should the Bank deem necessary, it may amend the RFP as a result of any clarification. At any time before the submission of Proposals, the Bank may amend the RFP by issuing an addendum and hosting it on Bank’s website. The addendum will be binding on all the bidders. To give bidders reasonable time, in which to take an amendment into account in their proposals, the Bank may at its discretion, if the amendment is substantial, extend the deadline for the submission of Proposals.

mailto:[email protected]

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c. All the applications will be scrutinized as per the below mentioned criteria, terms

and conditions etc. given in this document. Commercial Bid / Price Bid of only those

applicants/ bidders / vendors who fulfill the criteria and are found acceptable by Bank’s in-

House Committee will be opened. The time and date of opening of the price bid will be

intimated subsequently. Our endeavors will be to open the Price Bids of valid tenders at

the earliest.

CRITERIA FOR SELECTING THE PUBLIC RELATION AGENCY FOR PUBLICITY &

PUBLIC RELATION ACTIVITIES

Minimum Eligibility Criteria:

A list of qualifying requirements (QRs) and the supporting documents that need to

be submitted is given below. Any agency not meeting any of the following QRs or not

submitted any of the documents shall be summarily rejected. Only those agencies who

are satisfying all the qualifying requirements shall be eligible for being called for

presentations.

S.

No.

Qualifying Requirement Documents to be enclosed.

A The agency must have earned fee from

PR services of Rs.1.00 crore and above

during 2015-16, 2016-17, and 2017-18

in each financial year.

Suitable certification by Auditors. In case

the agency provides non PR services also,

the fee from PR services only will be

considered. Relevant certificate from

Auditor will be considered.

B The net worth of the agency should be

positive during each of the previous

three financial year (2015-16, 2016-17,

& 2017-18)

Copies of the duly audited balance sheets

and profit and loss accounts, duly certified

by auditor along with the auditor’s report.

C The agency should not have been

penalized or found guilty in the court of

law. Also, the agency must have high

reputation and there should not be any

adverse media publicity about the

agency during last three years.

Self-certification on letter head to be

provided. However BOI would have the

right to independently verify the same.

D The agency should have been in

existence in India since last 5 years as

on 30th November 2018 with ability to

service the client through their office in

Mumbai.

Certificate of incorporation, Minimum 15

staff in Mumbai office (at officer level) to be

self- certified.

E The agency should be handling at least

two BFSI accounts for each of previous

three financial years.

Certification by auditors.

F. The agency should be earning Certification by auditors.

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operating profits for the last three

financial years i.e. 2015-16, 2016-17

and 2017-18.

Apart from the above minimum criteria, the Agency is also required to give the following

information.

a) Owner ship and nature of entity (Public Company, Partnership, Subsidiary, etc.)

b) Physical location including addresses of all branches and number of staff in each

branch (at officer level)

c) The proposed composition of team for BOI (in terms of name, designation, and

numbers). All member of the team indicated herein would be required to attend

requisite meeting once every fortnight. Please also indicate specifically who all will

be dedicated to the account.

d) Income Tax Returns for the past three years (FY 2015-16, 2016-17 and 2017-18)

e) Satisfactory client certification from minimum 2 different clients for each of last three

years.

f) List of accounts including current BFSI accounts being serviced during the last three

years

Initial EMD of Bidders who are not qualified for opening their financial bids will be

returned within 45 days (without interest) from the date of opening of Technical Bid

through RTGS. The bidder has to furnish their Bank details like Name of the

Bank/Branch, Type of Account, and IFSC Code etc. Initial EMD will be forfeited if the

bidder withdraws their offer before opening the financial bid for any reason.

Offers from Brokers / Intermediaries will not be entertained.

Bank reserves the right to reject any or all the tenders without assigning any reasons

whatsoever. No brokerage will be paid.

All the offers submitted by the bidders evaluated 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. All such short listed offers will be further inspected

and examined by the Committee and will be further evaluated on the qualitative aspects in

various parameters through presentations. The detailed list and marks assigned to each

parameter is as under:

Sl

No

Parameters Maximum

Marks

Marks will be

given by

Bank’s

committee

based on

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parameter

1 Experience In Banking and Financial Services

Sector.

More than 10 years – 30 marks

Between 8-10 years – 20 marks

Less than 8 years – 10 marks

30

2 Overall PR abilities as defined in the scope 30

3 Ability with respect to crisis communication and PR

activities

10

4 Experience in Investor Relations 10

5 Experience in Digital PR 10

6 Ability to service the client and scale up to the

projects if necessary.

10

TOTAL 100

Evaluation will be done for each bidder separately. Financial bids will be opened

only for the technically qualified bids.

Bidders are advised to note importantly that evaluation of offers will be under

Combined Quality cum Cost Based System (CQCCBS). The methodology under this

system will be as under:

i) Preliminary evaluation of the technical bids will be done to ensure that the bidders

fulfill the basic selection criteria as per detailed terms and conditions specified in

the tender documents.

ii) Thereafter, the technical bids will be subjected to detailed evaluation by allotting

marks on various parameters/criteria prescribed in the bid document to arrive at the

qualifying marks.

iii) Qualifying marks obtained by each bidder will be allotted a weightage of 60% while

the financial bids will be allotted weightage of 40%.

iv) The price bids of only those bidders who qualify technically by obtaining a minimum

qualifying mark of 50% in their technical evaluation, will be opened.

v) Price bid of the bidder with the lowest cost will be given a financial score of 100 and

other bids will be given financial score that are inversely proportional to their quoted

amount of fees. Similarly technical bid of the bidder having obtained highest marks

will be given technical score of 100 and other bids will be given technical score

inversely proportional to the marks obtained by them.

vi) The total score, both technical and financial, shall be obtained by weighing the

quality and cost scores and adding them up.

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vii) On the basis of the combined weightage score for quality and cost, the agency

shall be ranked in terms of the total score obtained. The agency obtaining the

highest total combined score in evaluation of cost and quality will be ranked as H-1

followed by the agency securing lesser marks as H-2, H-3 etc. The agency

securing the highest combined score and ranked as H-1 will be selected and

appointed at the fees quoted by them.

The formula for working out the combined score will be as under:

Total scores= T (w) x T (s) + F (w) x F(s)

T (w) stands for weightage for Technical score i.e. 0.60

T(s) stands for Technical score evaluated as mentioned in above

F (w) stands for weightage for Financial score i.e. 0.40

F(s) stands for financial score evaluated as mentioned above

We produce below an example to clarify the matters. Suppose, there are three bidders (A,

B & C) qualified based on the marks received on technical parameters and percentage of

fees quoted by them are as under:

Bidder Marks obtained in

Technical bid

Fees Quoted per month

(in Rs.)

A 80% 50,000/-

B 70% 40,000/-

C 75% 45,000/-

For the purpose of evaluation, the three bidders will be given scores as under:

Bidder Technical score Financial score

A 100 80

B 87.5 100

C 93.75 82

Total Score of the bidder will be as under:

A = 0.6 X 100 + 0.4 X 80 = 92 (H2)

B= 0.6 X 87.5 + 0.4 X 100 = 92.50 (H1)

C= 0.6 X 93.75 + 0.4 X 82 = 89.05 (H3)

Bidder ‘B’ (H1) is the successful and Bank may award contract to them after due

evaluation.

EMD will be forfeited if the offerer fails to honour the commitment in any manner.

EMD of unsuccessful offerers will be returned (without interest) within 45 days of opening

of financial bids. In case any of the bidder/ offerer fails to participate in the financial bid,

the Bank shall have the right to proceed with the remaining bidder / bidders. The Bank

shall also be within its right to forfeit the EMD in such cases if successful bidder fails to

enter into contract with the Bank within the stipulated time.

For further information, please contact on telephone No. 022-6668 4736 /4819/4448/4934.

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TERMS AND CONDITIONS:

1.1 The terms and conditions shall form part of the tender to be submitted by the

vendor to Bank of India hereinafter termed as “Bank”.

1.2 Tender document submitted after due date and time i.e. after 3.00 p.m.

on 21.01.2019 shall be rejected outright / shall not be accepted.

1.3 All columns in the tender document must be duly filled and no column should be

left blank. “Nil” or “Not Applicable” should be marked where there is nothing

to report. All the pages of the tender documents should be signed by the

authorized signatory of the tenderer. Any over-writing or use of white ink

should be duly authenticated by the tenderer. The Bank reserves the right to

reject incomplete tenders or in cases where information submitted is found

incorrect.

1.5 In case the space in the tender document is found insufficient, the vendor

may use separate sheets to provide full information.

1.6 The offer should remain valid at least for a period of six months (180 DAYS)

from the date of opening of technical bids. During the validity period of the offer,

the vendor should not withdraw / modify the offer in terms of price and other

terms and conditions quoted in the technical and price bids. The undertaking

should be submitted along with the Technical Bid.

1.7 Priority/preference will be accorded to Public Relations Agencies having

successful relationship with PSUs/Public Sector Banks or Government

Departments

1.8 Conditional tenders shall be rejected.

1.9 Canvassing in any form will automatically disqualify the offerer. No brokerage will

be paid.

1.10 Technical Bids will be opened on 22.01.2019 at 3.30 p.m. All the tenderers

are advised in their own interest to submit their tender well in time. No separate

intimation will be given in this regard.

1.11 Bank reserves the right to accept or reject any or all the tenders / offers without

assigning any reason whatsoever and the decision of the Bank shall be final and

binding on the offerer and the offerer shall not have any right whatsoever to

challenge the same.

2. Process of selection will be as follows:

o Bank has fixed the minimum pre- qualification requirement and the process of

selection in the RFP, Bidder qualified as per the eligibility criteria would be required

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to make a presentation before the Top Executives Screening Committee of General

Managers at Bank’s Office.

o The committee would evaluate the quality of bidders on the criteria mentioned in

the RFP based on their proposals received and presentations made by bidders

before them. Only the agencies scoring predetermined marks / score, will be short

listed for the purpose of appointment and participation in financial bidding (date to

be intimated by the Bank). Bidders who are not shortlisted will also be intimated for

their non-selection (with reasons).

o The marks scored by the short listed bidders in the technical bid will then be given

a weightage of 60%. The financial bids of the listed bidders will be given a

weightage of 40%. The combined score of technical and financial bids will

determine the H1, H2, H3, H4 and so on. The Agencies scoring the highest

combined marks (H1to H4) based on the above principles would be appointed.

o In case of tie, bidders after combining the quality and price score, the bidder of

higher technical quality score would be selected.

o The Agency so appointed for a period of three years under the current RFP.

However, the appointment would be valid initially for one year, and thereafter

would be renewed for two years (one year at a time), subject to satisfactory annual

review of performance, at the sole discretion of Bank.

o The fee for H1 to H4, as decided in terms of bid document, will remain valid for

entire period of appointment. In case there is an increase/ decrease in quantum of

work that justifies the higher/lower fee, will be decided at sole discretion of Bank.

3 The bidder shall submit their offers strictly in accordance to the terms & conditions

of the tender document without any conditions.

4. Any tender that stipulates conditions contrary to those given in the tender document

is liable for rejection.

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

thereof.

6. Bank reserves the sole right for carrying amendments / modification/ changes

including any addendums to this RFP. All bidders who have received this RFP

document shall be notified of the amendment in writing by e-mail or fax, or post,

and such amendments shall be binding on them. The amendment shall also be

uploaded on the website.

7. The bidder shall bear all costs associated with the preparation and submission of

the tender. Bank will in no case be held responsible or liable for these costs,

regard less of conduct or outcome of the tender process.

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General Terms and Conditions

Assignment:

o The agency, save and except with prior written approval in writing of Bank, shall not

undertake any work of any nature not assigned and /or not mentioned in the tender

and for executing such work, the agency shall state the nature of work and

probable expenditure thereof. After Bank has accorded its consent in writing for

execution of such work and/ or incurring expenditure thereof, only then the agency

shall undertake such work and not otherwise.

o No right or liabilities under this agreement shall be assigned by the selected agency

without the prior written consent of Bank.

Agency’s General Responsibilities:

o The agency shall, subject to provision of the assignment and the due care, execute

and maintain the work and all responsibilities including the supervision thereof and

all other things whether of a temporary or permanent nature required in and for

such execution.

o The agency shall carry out and complete the work in accordance with good

prevailing practices and using workmanship of the quality and standards therein

specified, provided that where and to the extent that approval of the quality of the

standards of workmanship is a matter of opinion such quality and standard shall be

the satisfaction of Bank.

Sufficiency of tender:

o The Agency shall be deemed to have satisfied himself of tender before entering

into the Terms & Conditions as to the correctness and sufficiency of the rates and

prices.

Price

o The fee of the H1 decided through the process described earlier would remain valid

for the entire empanelled period. In case the contract is renewed at annual interval,

the fee can be increased / decreased at the sole discretion of the bank over the

previous year subject to increase or decrease in quantum of work that justifies the

fee.

o The accepted price shall otherwise remain firm during the entire tenure of

assignment including authorized period of extension of time and shall not vary on

account of any increase/decrease of cost of material / labour or any other reasons

whatsoever.

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Payments Terms

o Bank will make payment of the fee on monthly basis as also taxes as applicable.

Any third party cost incurred by the agency to carry out the above assignment

would be reimbursed to the agency, subject to that the cost so incurred was

incurred with prior approval from Bank.

Taxes:

o The agency shall pay and be responsible for payment of all taxes, duties, levies,

fees or charges in respect of the work as required for the assignment. Only GST

will be payable by Bank. Tax will be deducted from the payment of the Agency as

per applicable law.

Statutory authority obligation, notices, fees and charges:

o The agency shall comply with and give all notices required by any act, any

instrument, rule, or order made under any act, or any regulation with regard to the

assignment.

o The Agency would comply with all applicable laws as they relate to its performance

under this agreement. The agreement shall be governed, interpreted by and

construed in accordance with the law of India.

Limited Agency:

o For the limited purpose of purchasing materials and engaging the services of the

third parties which are necessary for providing services under this agreement, Bank

would appoint the PR Agency as its agent.

o It is expressly clarified that Bank is responsible for all cost and expenses incurred

by the Agency on behalf of the Bank which shall be incurred only on receiving the

prior approval of Bank.

o Save and except for the “Limited Agency” created under this agreement the PR

Agency appointed would be an independent party and that neither party is the legal

representative of the other and further, the personnel of the PR Agency and other

third Parties engaged to perform any services under this RFP are not the employee

of Bank.

Right in intellectual Property and materials:

o All the rights relating to the Trade Marks and Copy Rights in respect of publicity

work generated by the Agency on behalf of Bank and paid for by Bank shall vest

with Bank. Provided, that Bank would reimburse the Agency for any sum of money

paid for assignment/licensing of the copy right as and by way of fee, charges, or

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otherwise as provided by the guidelines, regulation, rules, or policy of the

professional body or association, with prior approval from Bank.

o All concepts, communications, etc., created and conceived by the Agency on behalf

of Bank, and involving name of Bank, shall not form part of any award or

competition or promotion unless prior written consent of Bank has been obtained

thereof.

Confidentiality:

o Information provided under this RFP and Subsequent service agreement (if the

Agency is selected) is confidential and neither party shall at any time either during

the association or at any time thereafter divulge either directly or indirectly to any

person(s), firm or company, business entity, or other organization whatsoever, any

confidential information that the other party may acquire during the course of such

association or otherwise concerning the other party’s business, property, contracts,

trade secrets, clients or affairs.

Indemnification:

o All applicants under the RFP absolutely , irrevocably, and unconditionally here by

indemnifies and undertakes to keep Bank and /or its Directors, officers,

employees, agents, and representatives, for all times from and against all

charges, cost, losses, claims, demands, and liabilities, obligations, suits,

judgments, penalties, proceedings, precautions, litigations, or actions, financial or

otherwise, at law or equity, including the expenses of defending any claim of

liability by any third party, and from and against all actual damages sustained,

whatsoever, whether past, or current suffered or incurred by Bank and or its

Directors, officers, employees, agents, and representatives due to reasons of

(a) Breach, misconduct, omissions or

(b) Negligence on the part of Agency and or its directors, employees, in the

performance of the services including but not limited to any claim arising out

of improper or illegal use or adoption or invasion or infringement of the

copyright or intellectual property right.

Termination:

o In the event that disputes shall arise between the parties hereto on any

matter/provision set out in this RFP and subsequent Service Agreement for the

selected Agency, the parties shall try to resolve the matter amicably inter se. the

defaulting party shall be given notice of 21 days to alter the situation and resolve

the disputes or reverse the damage caused in any way.

o In the event, the defaulting party does not comply with its obligation, on the

termination of the notice period , the other party shall be liberty to without further

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notice, and shall additionally have to right to claim any further rights available

under the law, including without limitation, the right to damage.

o Upon termination of the agreement, the Agency would promptly hand over to Bank

all deliverable items including work in progress, all “as is where is” condition

subject to the mutual settlement of all money due and payable to them being paid.

During the period of notification of termination, the Agency shall complete pending

assignments and Bank shall agree to settle the dues in respect of assignments

after completion thereof by the agency, except if specifically instructed by Bank to

act otherwise.

o Bank would also have the right to terminate such service agreement with three

months’ notice without assigning any reason.

Limitation of Liability:

o Save and except as provided in “Terms of Compensation” and “Termination”

herein, neither Party shall be liable to the other for any lost revenue, lost profits or

other incidental or consequential damages based on any breach or default under

this agreement.

Survival:

o In the event of the termination of the agreement(for the selected agency)in whole or

in part, the clause titled “compensation” ,“Right in Intellectual Property & material”,

“indemnification” “confidentiality”, and “limitation of liability” shall survive and

continue in effect and shall ensure to the benefit of and be binding upon both

parties, their successors and assigns.

Severability:

o Each of the restriction is separate and severable from other. Any provision which is

invalid or unenforceable, shall be ineffective to the extent of such invalidity or

unenforceable, without affecting in any way the remaining provision hereof.

Written Notice of change in name or control of either party:

o The Agency would provide Bank with prompt written notice of any change in

Agency’s name, ownership, or form of organization. The Agency would also provide

Bank with prompt written notice of the occurrence of any event, which could

jeopardize or materially impact its ability to perform its obligation under this

agreement in a timely manner.

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Force Majeure:

o If either Party is unable to perform its obligation under this agreement due to the

occurrence of an event beyond its control ( such as acts of God, war like situations,

Riots, Bandhs, Government actions, Earthquakes, Cyclones, Typhoons, and other

natural calamities etc.) that the party will not be deemed to have defaulted under

this Agreement. Each party would use all reasonable efforts to enable performance

under this Agreement to continue.

The agency to conduct as good faith and as per good industry practice:

o Notwithstanding anything contained in this Agreement. The Agency shall conduct

its obligations as an agent in good faith and exercise reasonable care as per good

Industry practice and for removal of doubt the degree of care shall in no way less

than what it is required as if it were a principle. While acting as an agent the

Agency shall be responsible to Bank for all Acts of negligence, and for

consequences emanating from lack of exercise of reasonable care. The Agency is

bound to supervise the proper execution of contracts entered by it on behalf of

Bank as its agent.

Conflict of interest:

o The agency shall strictly avoid conflicts with other assignments/jobs or their own

corporate interest and shall disclose to Bank all actual and potential conflicts that

exist, arise or may arise in the course of performing the services after it becomes

aware of that conflict.

Other conditions:

o It is clarified that the services, as specified in the scope of services, shall be

provided to Bank within the territorial jurisdictions of Republic of India.

o Bank shall have the right to avail Services from other agencies as well and this

RFP do not confer any exclusive rights to any agency for services rendered/ to be

rendered. Inter-se allocation of work between the agencies in such case would be

the sole discretion of Bank and the decision of Bank in this regard shall be final.

o As and by way of abundant caution it is clarified that Bank will have all ownership

and/ or license rights on all the ideas, concepts, proposals, logos, design, scripts,

etc. developed by the Agency during the course of this assignment as specified in

the RFP and paid by the Bank.

o The Agency shall in respect of the services, obtain prior written approvals from the

designated authorized signatories of Bank, in all cases, in respect of the form, the

manner, the extent and the wording of all publicity materials produced before taking

any action under the agreement.

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Annexure - I

Details of Offer – Technical Bid (to be submitted on Agency Letter Head)

PART A: GENERAL INFORMATION

1 Ref: No.

(This reference number is to be filled by the Agency. The same reference

number is to be quoted in price bid also)

2 Details of the Agency:

2.1 Name of the Owner/Co./Firm, etc.

2.2 Address & Phone No.:

FAX No. & e-mail address:

2.3 Name of the contact person:

2.4 Constitution of vendor / firm:

(Whether Proprietary / Partnership

/Pvt. Ltd. / Public Ltd

Ltd. / PSU etc.):

2.5 Copy o f r e g i s t e r e d

Memorandum o f Association and

Article of Association.

I/We further declare, confirm and undertake:

(a) I/We am/are aware that the Bank is not bound to accept the lowest or a n y or

all the Tenders and will not be required to give any reason for rejecting any Tend

(b) The form which is downloaded from the website has not been changed or

corrected in any manner, and on the conditions as appearing in the original will be

treated as valid.

(c) That all the terms and conditions specified in this Tender Form are acceptable

to me/us and that all the required details have been furnished in the appropriate

blank places.

(d) That there is no mention of any financial details in the Technical Bid or

anywhere else other than Financial Bid, and that there are no technical and

commercial conditions in Financial Bid.

(e) Our offer is open for acceptance for a period of 6 months from the date of opening

of technical bids.

(f) We, the undersigned are submitting this offer as per the directions given in the

instructions/tender document and I/we understood the instructions fully.

Place:

Date:

AUTHORISED SIGNATORY OF AGENCY WITH SEAL

Name of the Signatory:

Designation:

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Certificate from the Public Relations

Agency (to be submitted on Agency letter

Head)

I / We declare that the information furnished in Details of Offer – Technical Bid is true

and correct and conforms to the Bank's specifications.

Place:

Date:

AUTHORISED SIGNATORY OF AGENCY WITH SEAL

Name of the Signatory:

Designation

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Annexure- II

Application for Appointment of Public Relations Agency for three Years

PARTICULARS FOR APPOINTMENT OF PUBLIC RELATION AGENCY-

TECHNICAL BID (to be submitted on PR Agency Letter Head)

Date:

The General Manager

Publicity & PR Department

Bank of India, Star House-1, 2nd Floor

Plot No. C 5, G-Block,

BKC, Bandra –East, Mumbai-400051

We hereby offer to submit our application for appointment of Public Relation (PR)

Agency of Bank of India for three years as per proposal reference number

BOI:P&PR:SB:2018:19:004 (Tender-PR Agency) Dated : 31st December 2018. We have

read and understood the content of RFP and further state that we unconditionally accept

and abide by the terms & conditions specified therein.

Brief Profile of our Public Relation (PR) Agency is as under:

Sl.No Brief Contents

1 Name of the Agency

2 Address, e-mail id and Telephone Numbers|

Registered/Head office

Address of the office at Mumbai

Address of the other offices in the

country

Please enclose Separate sheet along

with annexure

Legal status of Agency (Proprietor/Partnership/Pvt.Ltd./Public

Ltd.)/others –please specify

3 Name of the Proprietor/

Partners/

Directors/

4 Name of the Managing Director,

Director, Top Management/ Key

personnel. contact Person/s

Contact Tele/Mob. No.

E-mail id etc.

May enclose Separate sheet along with

annexure

The contact details of official proposed

for handling BOI i.e. Key personnel

contact Person/s

Contact Tele. No.

Mobile No.

E-mail id etc.

May enclose Separate sheet along with

annexure

5 Date of Establishment /incorporation

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6 Accreditations Details (Date/ Month/ Year)

With Indian News Paper Society

With All India Radio/other stations

With Doordarshan/ Other Channels

7 Appointment Details: Name of Public /Private Sectors Banks/ PSUs and others, if

any, along with the Date/Month/Year) Please enclose separate Sheet if required

With Public Sector Banks

With Private Sector Banks

With Public Sector Units

Others, if any

Have you served BOI recently or in past. If Yes,

Please attach suitable proof.

Detail of award in Print media/visuals/from the

reputed publication like ASCI etc. (attach suitable

proof)

8 Infrastructure

Name & Designation of Team of Media official

Name of other support staff Team of Media

official

Are you a full or limited service agency?

Number of official working (separately for

different offices)

Whether Art Department exist?

No of creative team member

If full-fledged studio exists? Give details.

Language translation facilities.

Recording facilities.

Number of media experts

Media survey subscriptions such as TAM, NRS,

IRS, ABC etc. attach details.

Research /Analysis tool

Power back up

Computer hardware and software facilities

Working days and hours.

Whether you can provide 24/7 service to Bank

9 Other details( Attach copy of returns)

Income Tax No

Sales Tax No.

Vat/ Work Contract tax No.

GST/Service Tax No

10 Nature of Main Activity

11 Membership with any organizations

Please give details

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12 Turn over Details Copies of audited financial statements to

be enclosed (Rs. in Lakhs)

Year Gross Turn Over

2015-2016

2016-2017

2017-2018

13 Principal Banker & its Name

14 For the appointment as a Public Relation (PR) Agency of the bank, the Agency

should submit proven established credentials for Corporate Brand Building and

product and services in a summary sheet along with this application.

15 Declaration: Self declarations on the Firm/ Company’s Letter Head that there are no

outstanding income tax /sales tax dues/other statuary dues.

I/We here by certify that all particulars given above are correct and true to the best of

my/our knowledge.

I/We certify that if appointed, I/We shall appoint separate teams for any competing client

who are in same business as Bank to avoid clash of interest and maintenance of

confidentiality.

In case at any stage , it is found that the information given by me/us is false/incorrect,

Bank of India shall have the absolute right to take any action as deemed fit,(including

termination of contract and/or black list and debarment), without any prior intimation to

me/us.

Place: Signature of authorized person for and on behalf

Date: Designation/Seal of Agency

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Annexure III

PRICE BID (to be submitted on Public Relations Agency Letter Head)

The General Manager

Publicity & PR Department

Bank of India, Star House-1, 2nd Floor

Plot No. C 5, G-Block,

BKC, Bandra –East, Mumbai-400051

Ref: Appointment of Public Relations Agency

Ref. No. (The reference number mentioned in the Technical Bid to be

furnished)

We furnish here below the our fees per month for carrying out Public Relation Activities.

Sl.

No

Amount per month (Rs.in figures & words) including all charges

Note:

i) Agencies shall quote amount per month excluding applicable taxes.

TERMS & CONDITIONS

1. The offer is valid for six months from the date of opening of technical bids.

During the validity period of the offer I/We, irrevocably undertake not to withdraw /

modify the offer in terms of price and other terms and conditions.

2. The rates quoted per month should be inclusive of all charges whatsoever but

excluding taxes.

3. Bank will not make any upfront payment towards the services to be rendered.

4. The agency whose offer is finalised should execute the agreement complete in

all respects within the time frame informed by the Bank.

5. Payment Terms: The fees so decided shall be paid to the agency on

monthly basis against bills submitted to the Bank by the agency.

6. TDS shall be deducted as per applicable rules/norms while making payment.

GST if applicable will be paid extra.

Place: Authorised Signatory of the Agency with seal

Date: Name of the Signatory:

Designation:

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(Annexure for the Integrity Pact)

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 XX

day of the month of XX 2018/19, between, on one hand, the Bank of India acting through

Shri XX, 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. XXXXX represented by Shri XX 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.

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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.

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, organisation or third party

related to the contract in exchange for any advantage in the bidding, evaluation,

contracting and implementation of the contract.

3.2 The BIDDER further undertakes that it has not given, offered or promised to give,

directly or indirectly any bribe, gift, consideration, reward favour, any material or

immaterial benefit or other advantage, commission, fees, brokerage or inducement to any

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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 of

Rs.3,00,000/-(Rupees Three Lakhs only) 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 Bank of India payable at Mumbai.

(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 up to 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

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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.

(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 en-cash 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.

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(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

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. At present the Monitors of the bank are:

a)Dr. Joginder Paul Sharma IAS (Retd.) ,

Ex- Principal Secretary, Govt. of U.P.,

D-266, Sector 47, Noida, U.P.

Mobile: 9650999444

e-mail : [email protected]

b)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. Mumbai.

Mobile: 9920262626

e-mail:[email protected]

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8.2 The task of the Monitors shall be to review independently and objectively whether

and to what extent the parties comply with the obligations under this Pact.

8.3 The Monitors shall not be subject to instructions by the representatives of the

parties and perform their functions neutrally and independently.

8.4 Both the parties accept that the Monitors have the right to access all the documents

relating to the project / procurement, including minutes of meetings.

8.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he

will so inform the Authority designated by the 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.

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.

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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 up to 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.

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.__________________________