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Tender for providing Catering Services for Staff canteen at Bank’s

Corporate Office, Mumbai

IDBI Bank Limited (“IDBI Bank”) invites tenders from established and

reputed caterers to provide catering services for its Staff Canteen at Corporate

Office at IDBI Tower, World Trade Center Complex, Cuffe Parade, Mumbai-

400005. The applicant(s) who are qualified to submit the bids (hereinafter

individually and collectively referred to as “Bidder” or “Bidders”

respectively).

Procedure for submitting tender:

The Tender shall be submitted in two parts viz. Part-I (Technical bid)

and Part-II (Financial bid) in two separate covers which are to be sealed and

put in a master envelop super-scribing with the words “Tender for

providing catering services for Staff Canteen at Bank’s Corporate Office,

Mumbai”.

Cover –I

This Cover forming Part-I of the Tender should be super-scribed with

the words “Tender for providing catering services for Staff Canteen at

Bank’s Corporate Office, Mumbai – Technical Bid’’ containing following

information / documents and duly addressed to the Deputy General Manager

(Administration), IDBI Bank Limited, Mumbai be dropped in the Tender Box

placed on Ground Floor of IDBI Tower on or before 15.00 hrs. of October 5,

2020. Tender Box will be closed at 15.00 hrs. of October 5, 2020 and no bidder,

under any circumstances, will be allowed to submit the bid thereafter. Bidders

are, therefore, advised to submit the tender well in time to avoid last minute

rush.

Documents/Information to be submitted:

Company profile giving:

a) Year of establishment;

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b) Name of company / firm / entity, of the bidder, including details of

promoters/partners/proprietor with official and residential addresses

and telephone numbers;

c) Attested copy of deed of partnership, if the bidder is a partnership

concern; Certificate of Incorporation in case of company. Limited

Liability Agreement in case of LLP.

d) Registration and License Number:

1. GST Registration No:

2. PAN Number:

3. Labour License No:

4. PF Registration No:

5. ESIC Registration No.

(Please provide relevant document)

e) Attested copy of valid certificate issued under Shops and

Establishment Act /Factory license.

f) Attested copy/ies of income-tax returns filed for two years (FY 2018-19

and 2019-20; (Provisional income-tax returns for 2019-20 may be

furnished if the same is not filed however contractor has to furnish

attested copy/ies of income-tax returns filed for FY 2017-18 and 2018-

19 along with provisional income-tax returns for 2019-20).

g) List of establishments where catering services are currently managed

with dates of contract and number of lunches served every day. List of

establishments where canteens were run in the past with period of

contract and number of lunches served per day are also to be

furnished;

h) Audited Financial statements (Balance sheet and Profit & Loss

statement) indicating the annual turnover for last three years; (FY 2017-

18, 2018-19 and 2019-20). (Unaudited Financial statements for 2019-20

may be furnished if the Audited Financial statement is not completed).

CA certificate for the same has to be submitted.

i) Manpower position (present); The Caterer has to ensure that the

verification of the antecedents of the person deployed by them from their Ex-

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employer or the Police. And also to carryout KYC related documents to

identify and address of such person.

j) Declaration on letterhead of the bidder(s) that it has never been

involved in any illegal activity or financial frauds;

k) Declaration that no Civil/Criminal or any other actions/suits or

proceedings filed/pending against Company/Firm/Entity or any of its

Partners/Directors/Officials.

l) Declaration on letterhead of the bidder(s) that its contract in the past

was not terminated by any of its clients during the contract period due

to unsatisfactory performance or any other reason, nor it refused to

continue the catering service after the contract was awarded in the

past;

m) Earnest Money Deposit (EMD) of Rs.3,00,000/-(Rupees Three lakh

only) to be paid through electronic mode (NEFT or RTGS) to IDBI

Bank’s Current Account No. 0126102000001663, IFSC Code –

IBKL0000126 at its branch situated at IDBI Tower, Ground floor, WTC

Complex, Cuffe Parade, Mumbai -400005. The receipt so obtained may

be submitted in Envelope -1 of the tender. Tender not accompanied

with EMDs receipt and those received after the due date and time as

specified above will not be considered. It may be noted that the EMD

shall not carry any interest and that EMDs of the unsuccessful bidders

would be refunded only after finalization of the tender or within 90

days from the date of opening of Part-I of the tender, whichever is

earlier. The EMD of the successful bidder would be converted as

Security Deposit and shall not carry any interest and would be

refunded only after successful conclusion of the contract. .EMD shall

not carry any interest and would be refundable. Tenders without EMD

would not be considered;

n) The Bidder, apart from EMD converted Security Deposit, will have to

submit Performance Bank Guarantee equivalent to 3 months billing

payout.

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o) Micro & Small Enterprises registered with National Small Industrial

Corporation (NSIC) or equivalent and having single point registration

are exempted for payment of EMD to the extent of monetary limit

stated in the registration certificate. In case the bid value exceeds the

monetary limit, the contractor will submit EMD of difference. The

tenderer should submit the valid certified copy of NSIC or equivalent

registration certificate/ renewal certification. Photocopy of application

towards registration / renewal is not acceptable.

p) Application for Tender duly signed by the authorized person(s) of the

Caterer - (Annexure I);

q) The bidder must enclose the copy of terms & conditions - Annexure III

A & B duly signed by the authorized person.

r) The bidder must enclose Pre-contract Integrity Pact on stamp paper of

Rs.500/- as per the format given in the Annexure- IX.

N.B: - It may be noted that tenders not accompanied by any one of the above

documents or satisfactory explanation therefore are liable for rejection

forthwith.

All concerned may note that only Technical Bid (Part-I) will be opened at

15.30 hrs on last date of receipt i.e. October 5, 2020 of the tender for pre-

qualification of the bidders. IDBI Bank, in its own discretion, may postpone

the opening of bids or may cancel the tendering process without assigning

any reason thereof.

Cover-II

This Cover forming Part II of the Tender should be super-scribed with the

words ‘Tender for providing catering services for Staff Canteen at IDBI

Bank’s Corporate Office, Mumbai - Financial Bid”. Rates exclusive of GST

for lunch, snacks and tea / coffee to be served are to be indicated in the

format as given in Annexure IV. This cover will be opened on a subsequent

date, after short-listing the bidders based on technical bids.

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Notes:

i) Bidder shall satisfy pre-qualification criteria (Annexure-II) to qualify

in the Technical Bid. IDBI Bank’s decision on prequalification of

contractor shall be final and IDBI Bank is not liable to explain any

reason, whatsoever, for rejection of bids on prequalification criteria.

ii) The financial bids of only those bidders who are prequalified on the

basis of technical bids will be opened in presence of those bidders

who wish to be present at the time of opening of bids. The date and

time of opening of financial bids shall be intimated to the prequalified

bidders.

iii) The Bidders so qualified, shall be empanelled with the IDBI Bank for a

period of 18 months from the date of empanelment /entering into Agreement

with Bank.

iv) IDBI Bank shall have right to reject any or all bids without assigning

any reason therefor.

v) IDBI Bank shall have the exclusive right to decide as to the

omission/fulfilment of qualification of the participating bidders for

Technical qualifications, without assigning any reason/explanation to

the participating bidder or any other parties and also exclude/debar

them to participate in the financial bid.

Please Note:-

The bidder who is awarded contract for IDBI Bank Officers Lounge &

Dining Room, 16th floor at (Corporate Office) Mumbai starting from

September 2020 will not be eligible to participate in the present tender.

******

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Annexure – I

(To be submitted on letterhead of the bidder along with Technical Bid)

Place:

Date:

The Deputy General Manager,

Administration Department,

IDBI Bank Ltd.,

Head Office,

IDBI Tower, WTC Complex,

Cuffe Parade, Mumbai – 400 005

Dear Sir,

Tender for Staff Canteen at Bank’s Corporate Office, Mumbai -Catering Contract

1. I/we undertake to offer my/our services in conformity with IDBI

Bank’s requirements and the terms and conditions set in the Tender document.

2. I/We agree to abide by the terms & conditions of the Tender and that the bids would remain valid for at least 90 days from the last date of submission of the Tender.

3. I/We note that IDBI Bank shall not be bound to accept any or all tenders received by IDBI Bank.

4. I/we declare and confirm that no civil/criminal or any other actions/suits or proceedings have been files/pending against our company/partnership firm/proprietary concern in any of the courts in India and no such cases have been files/pending against any of the owner/partner/directors of the company/partnership firm/ proprietary concern.

5. We agree that we have/would open a fresh account with the specified Branch of IDBI Bank. for covering all transactions relating to all our operation with IDBI Bank. Throughout the period of contract.

Dated ………. day of ________ 2020.

(Signature of the authorized person of the bidders)

………………………………………..

(Name and address of the

bidders)……………………………………………………..

(Seal of the bidders) ……………………………….……………….

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Annexure II

Pre-qualification criteria

i) The bidder should be a sole proprietary concern, partnership firm or

LLP or company registered with the Registrar of firms/registrar of

companies wherever applicable and should be in the catering business

during last five years ending June 2020; (Documentary evidence to be

enclosed).

ii) The bidder should be based in Mumbai or should have a full fledged

office in Mumbai, Navi Mumbai or Thane.

iii) The bidder should have successfully executed similar catering service

contracts to clients like Banks, financial institutions/ govt organisation,

PSUs & large Corporates during the last three years ending June 2020

as details below:

a. One similar service contract of supply of 180 or above lunches on an

average, every day.

b. Two similar service contract of supply of 120 or above lunches on an

average, every day.

c. Three similar service contract of supply of 100 or above lunches on

an average, every day.

Documentary evidence (i.e. Work Order and Work

Completion/Performance) to be enclosed as per Annexure V.

Management of Factory/ School/ College canteens will not be

considered as similar contracts for this purpose.

iv) The bidder should have a minimum annual turnover of Rs. 1.00 crore

per annum during last three FYs ending March 2020. Balance sheet and

Profit & Loss statement indicating the annual turnover for three years;

(FY 2017-18, 2018-19 and 2019-20) may be furnished (Unaudited

Balance sheet and Profit & Loss statement for 2019-20 may be

furnished showing the sales turnover in case Audited Balance sheet

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and Profit & Loss statement is not completed). CA certificate for the

same has to be submitted.

v) The bidder should have a clean track record and they should not have

any involvement in illegal activities or financial frauds. No

Civil/Criminal or any other actions/suits or proceeding against

Company/Firm/Entity or any of its Partners/Directors/Officials.

Tenders must be accompanied with declaration to this effect on

letterhead of the bidders.

vi) The bidder, whose contract in the past was terminated by the employer

due to unsatisfactory performance, will not be eligible for participating

in the tendering process. Similarly, a bidder who discontinued the

contract before its expiry or failed to commence the service after award

of contract will also be not eligible for participating in the tendering

process. Tenders must be accompanied with declaration to this effect

on letterhead of the bidders.

vii) Tenders without the Integrity Pact (with requisite Stamp duty) and

Non-disclosure statement will be rejected.

N.B: - It may be noted that documentary evidence in respect of first four

items would be essential. Tenders not accompanied by documentary

evidence in respect of any one or both would not be considered and will be

rejected forthwith.

*******

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Annexure III

(A) Terms and conditions of the Tender

1. The tenure of the contract will be for 2 years and is extendable for further

one year on mutually agreed terms.

2. Tenders received after the prescribed time and date will not be considered

and will be rejected forthwith. Decision of IDBI Bank in this regard shall

be final, conclusive and binding on the bidders. In the event of the last

date for the receipt of bids is declared a public holiday for IDBI Bank, the

bids will be accepted up to the specified time on the succeeding working

day.

3. IDBI Bank reserves the right to amend/modify the tender terms or issue

any corrigendum/addendum before bids are opened. The bidder shall be

given opportunity to modify his quotation based on the revised terms

4. The bidder shall bear all costs associated with the preparation and

submission of its bid and IDBI Bank shall in no case be held responsible or

liable for these costs, regardless of the conduct or outcome of the bidding

process including cancellation or abandonment of the bidding process.

5. Conditional tenders / incomplete tenders will not be accepted and will be

summarily rejected.

6. Bids submitted shall remain valid for a period of 90 days or such extended

period as may be agreed mutually from the last day of submission of the

Tender.

7. For ranking of financial bids total tendered cost shall be computed on the

basis of (a) rate quoted for lunch by the bidder multiplied by approximate

number of daily (240) lunch plus (b) rate quoted by the bidder for snacks

per plate multiplied by approximate number of daily (2000) snacks plus (c)

rate quoted by the bidder for tea/ coffee multiplied by approximate

number (1000) of tea/ coffee cups consumed daily. The bidder with the

lowest total cost so computed [i.e. (a) + (b) + (c)] shall qualify as L1. In the

unlikely event of a tie between / among the bidders, fresh spot quotations

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shall be invited from the bidders whose tendered costs are tied and

ranking will be decided.

8. In case the total amount worked out based on the rates quoted by the

lowest bidder exceeds the budget allocated for the catering services IDBI

Bank reserves its right to modify the menu and invite fresh price bids from

the prequalified bidders.

9. The bidder shall quote the rates in the format as indicated in the Financial

Bid (Annexure IV) exclusive of GST. GST as applicable will be paid extra

on actual. Any deviation in the quote rate other than as stated in the

Financial bid (Annexure IV) shall be rejected summarily.

10. The present contractor for IDBI Bank Officers Lounge & Dining Room (16th

Floor) at Corporate Office, Mumbai shall not be eligible to participate in

the present tender.

11. The written offer of contract issued to the successful bidder/contractor

shall be accepted by the bidder in writing within 7 days from the date of

issue of the offer letter. Failure to accept the offer within this period will

result in forfeiture of the EMD.

12. The successful bidder/contractor shall commence the services within 15

days from the date of acceptance of the Offer. Failure, delay or evasion on

the part of the successful bidder/ contractor to commence the services

within the period mentioned above will also result in termination of the

contract and forfeiture of the EMD.

13. No escalation in rates will be permitted during the first one year of the

contract period (of two years).However, should there be an unprecedented

and sustained rise in price of food items during the first year, the

contractor can put in a request to the IDBI Bank for a reasonable

increase in the rate for consideration in the second year. Any decision in

this regard by IDBI Bank shall be final, conclusive and binding on the

contractor. No advance will be paid.

14. Applicable taxes will be deducted at source at the time of settlement of

bills unless the bidder produces the certificate to the contrary from the

Income Tax authorities. TDS certificate will be issued by IDBI Bank.

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15. The bidders must clearly note that:-

a. The bidder shall strictly conform to the scope of work and terms &

conditions of the Tender ( Annexure III-B);

b. EMD of Rs.3,00,000/- (Rupees Three lakh only) will be converted into

Security Deposit on award of contract/acceptance of the offer and

shall not bear any interest.. EMD would be refunded only at the time

of termination of the contract after deducting any payment due by the

Contractor to the Bank in terms of the contract or otherwise. IDBI

Bank may deduct or retain amount, which may be due or become due

to the Contractor hereunder or otherwise, any amount owed by the

Contractor to IDBI Bank. The decision of IDBI Bank in this regard

shall be final, conclusive and binding. EMD of the unsuccessful

bidders would be refunded only after finalization of the tender or

within 90 days from the date of opening of Part-I of the tender,

whichever is earlier.

16. The successful bidder/ contractor shall not discontinue the catering

services under the contract for whatsoever reasons for a minimum period

of one year from the date of awarding of the contract. In the case of failure

on the part of bidder to commence the catering service as stipulated in the

tender or to provide the Catering Services for a minimum period of one

year, or termination of the contract by the bank for unsatisfactory

performance during the first year the EMD converted as Security Deposit

of Rs.3,00,000/- shall be forfeited.

17. IDBI Bank reserves the right to terminate the contract at any time during

the currency of the contract period by giving 30 days’ prior notice in

writing without assigning any reason therefor. The contractor, however,

will have to intimate to IDBI Bank in advance by giving three months’

notice in writing assigning reason for such early termination in case he /

she decides to stop services.

18. IDBI Bank reserves the right to reject any or all offers without assigning

any reason. IDBI Bank may decide not to avail of any services from any

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bidder as a consequence of this Tender/Advertisement. IDBI Bank also

reserves the right to re-issue/recommence the entire bid process without

the vendors having the right to object. Any decision of IDBI Bank in this

regard shall be final, conclusive and binding on the bidders.

19. Failure of the successful Bidder to comply with the requirement of the

tender shall constitute sufficient grounds for the annulment of the award

and forfeiture of the EMD, in which event IDBI Bank may award the

Tender to the next best evaluated Bidder or call for new Bids. Any decision

in this regard by IDBI Bank shall be final, conclusive and binding on the

Bidder.

20. On pre-qualification of bidders, a committee of officials of IDBI Bank will

be visiting the centralised kitchen/location where the prequalified bidder

is preparing food/providing its services to evaluate quality and verify the

claims stated in the technical bid document. The bidder who will satisfy

the criteria will only be considered for further tendering process and their

price bid will be opened.

21. Bidders shall satisfy pre-qualification criteria (Annexure-II) to qualify in

the Technical Bid.

22. Technical Bid (cover-I) shall not contain any financial bid.

I/We have read the terms and conditions and are acceptable to me/us.

- Signature of the authorized person : …………………………………………… - Name of the signatory (in block capital letters) (………………………………….…) - Status of the signatory i.e. Proprietor/partner: …………………….…………………… - Date : - Address of the bidder : - Telephone no/s : Bidder's Seal

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Annexure III (contd...)

(B) Scope of Work and Specific Conditions for Catering Contract:

(Terms and conditions forming part of catering contract)

1) Canteen Facility in general (15th floor) :

i) Morning snacks and Tea/Coffee (self-service)

ii) Lunch (Self-service)

iii) Evening snack and Tea/Coffee (self-service)

Expected quantity :

i) Approximately 240 lunches per day

(Existing quantity is 240-280 lunches per day)

ii) Approximately 2000 snacks per day

(Existing quantity is around 2000-2200 snacks per day)

iii) Approximately 1000 cups Tea/Coffee per day

(Tea/Coffee numbers are counted as half of the total snacks

consumption per day)

(The numbers mentioned above are indicative and may increase or decrease

depending upon the requirement)

2) The lunch, snacks & tea/coffee will be served to the staff members daily

on all Banks’ working days. The contractor will be liable for penalty for its

inability to serve lunch, snacks & tea/coffee on any working day unless

the reasons are beyond his control. The amount of penalty would be

decided by IDBI Bank on each occasion and will be final, conclusive and

binding.

3) Besides lunch to staff, the contractor shall also serve two times (morning

and evening) snacks and tea/coffee to all staff members. Bidders shall,

therefore, bid for serving tea/coffee, snacks and lunch as per the format

for Financial bid (Annexure – IV)

4) Menu for the week will be fixed by Canteen Committee/ DGM (Catering)

and will be changed from time to time.

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5) The quality of articles of food and beverage, and provisions shall be of

good standard and be purchased from approved vendors. Masalas and

other spices shall be branded and should have FPO registration. The

Bank's authorized representatives will have authority to inspect such

articles of food and provisions and will have full powers to order

discontinuance of use of such articles of food and provision, which are

found to be of unsatisfactory standard and on grounds of hygiene.

6) IDBI Bank will provide the contractor kitchen equipment, fans,

refrigerator, water cooler, crockery, cutlery, vessels/utensils, water,

electricity, furniture and fuel. No charges will be levied by IDBI Bank for

these items. The contractor shall ensure minimum breakage / pilferage of

the articles.

7) The contractor shall keep the usage of water and electricity to a reasonable

level.

8) The Contractor shall have to furnish the Bank, a Performance

Guarantee in the tune of 3 months billing upfront at the time of signing

of the contract; which will be applicable during the currency of the

contract. The Performance Bank Guarantee should be valid for a period

of (contract period + 6 months claim period) from the date of expiry of

the Contract period i.e. --------years from the date of issue of LOI/PO

and the claim period should be for 6 months or 180 days.

9) The Contractor shall be responsible for taking good care of all equipment,

utensils, etc. The contractor shall bring to the notice of IDBI Bank, the

repairs and maintenance work that are required to be undertaken from

time to time. If any repairs of the equipment are to be made on account of

mishandling/negligence of the workmen, except normal wear and tear,

the said items shall be repaired by the Contractor at his cost.

10) Tender/bid which do not fulfil all or any of the IDBI Bank’s terms &

conditions and/or incomplete in any respect are liable to be rejected

summarily without assigning any reasons. Any discrepancies,

queries/clarifications w.r.t. tender may be brought to the notice of Bank’s

officials during Pre-Bid meeting to get necessary clarifications in the

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matter. Banks shall not be responsible if any discrepancies, omission,

ambiguities in the tender format or any doubts are brought to the notice of

Bank after pre-bid meeting. Queries may be sent on the e-mail id

yogesh.joshi@idbi.co.in and rahman.mukid@idbi.co.in on or before 6:00

pm of previous day of pre-bid meeting as mention in point no.11.

11) A Pre-Bid meeting has been scheduled on September 30, 2020 at 11.00 AM

through Video Conference to enable the bidders to understand the scope

of work and services to be provided. The prospective bidders may visit

the 15th Floor, Kitchen and Staff Canteen area with prior permission of the

IDBI Banks’ competent authority (if required).

12) The bidder should deploy sufficient manpower to cater to IDBI Bank’s

requirement.

13) The Contractor shall maintain inventory of the items given to him and

give inventory statement by 5th of every month indicating any

breakage/loss of the items provided. Breakage should be kept to

reasonable level. If breakage takes place due to regular usage, the

Contractor will pay 25% of the cost in respect of such breakage. Cost of

any items missing and breakage due to negligence / mishandling will be

recovered from the Contractor fully.

14) The Contractor shall be responsible for maintaining the entire dining area

on the 15th floor (kitchen, stores, dining hall(s) service area, toilets,

utensils, etc. and also the lift lobbies, cross lobbies, etc. spotlessly clean at

all times. The crockery, cutlery, furniture and utensils used in the

preparation and serving of food shall always be in clean and hygienic

condition. The kitchen shall remain open at all times for inspection to the

duly authorized representatives of IDBI Bank.

15) Utensils, plates, spoons etc. to be cleaned properly. Canteen staff in staff

canteen should wear hand gloves and caps covering hair and proper

uniform. Water / Food serving staff should not be deployed for cleaning

activities and vice-versa.

16) It will be the responsibility of the Contractor to store the material

purchased by him in a neat, tidy and hygienic manner in the space

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provided by IDBI Bank. The security of such material will be the sole

responsibility of the Contractor.

17) The authorized representatives of IDBI Bank shall check the quality and

quantity of the items supplied and served. Complaints received from the

staff on quality of food (including stale food) will be viewed seriously and

penalty will be levied in such cases. The penalty could be the cost of entire

food items prepared on the date of complaint.

18) Vegetarian and non-vegetarian cooking shall be done separately.

19) The Contractor on daily basis shall do the disposal of leftover foods and

other garbage on daily basis at regular intervals to the satisfaction of IDBI

Bank.

20) Necessary guidelines issued by Government/statutory bodies with

regards to use of plastic have to be adhered to by the successful contractor.

21) The Contractor shall employ adequate staff to ensure consistent quality of

service. Such staff shall include Chef, Assistant Chefs, Kitchen Helpers,

Waiters, Dining Hall helpers, cleaning staff, etc. Contractor should ensure

deployment of healthy personnel for catering services. Any person found

with any communicable disease shall not be allowed to engage for

providing catering services in IDBI Bank.

22) The food served shall be periodically sent to Govt. approved Laboratories

for quality check. The contractor shall take suitable corrective steps based

on the observations indicated in the test reports.

23) Applicable taxes will be deducted at source at the time of settlement of

bills unless the Contractor produces the certificate to the contrary from the

Income Tax authorities. TDS certificate will be issued.

24) Payments to the Contractor will be made fortnightly on the basis of

number of lunches and snacks & tea/coffee availed by staff on each day.

25) IDBI Bank reserves the right to terminate the contract at any time during

the currency of the contract period by giving 30 days’ prior notice in

writing without assigning any reason therefor. The contractor, however,

shall have to intimate to IDBI in advance by giving three months’ notice in

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writing assigning reason for such early termination in case he/she decides

to stop services.

26) Payment shall be made within 15 days from the date of submission of bills

along with the copies of relevant documents such as certification from

Catering Section for actual numbers of lunches/snacks consumed,

Compliance Certificate as per Annexure-VII, No dues Certificates as per

Annexure-VIII and documentary proof of monthly statutory remittances

viz. Provident Fund ECR & challans, Employees State Insurance challans

& contribution history and other such statutory payments for the previous

month. The billing for lunch, snacks and tea/coffee will be done

fortnightly on actual consumption basis.

27) It will be the sole responsibility of the contractor to clean the floor, service

area, kitchen, lift lobby, cross lobbies, toilets and the utensils of the 15th

floor and keep the entire floor neat and clean and in hygienic condition

every day.

28) The contractor should have license/permit/approval, etc. from the

concerned statutory authority or any other authority concerned for

carrying out this type of work. Further, the Contractor shall obtain all the

requisite licenses including under Prevention of Food Adulteration Act,

1954/2006 and Contract Labour (Regulation & Abolition) Act, 1970 and

rules frames hereunder and under other applicable laws issued by the

concerned Labour Department for running the establishment, BMC, Fire

Licenses etc. for the Kitchen and Lounge Area are required to be furnished

within 3 months of awarding of the contract. Failing which, payment will

be withheld for the subsequent month. Necessary “Statutory Fees” for

acquiring the license in favour of IDBI Bank will be reimbursed by the

Bank. IDBI Bank shall not be responsible in any way for any breach by the

Contractor of the rules and regulations governing the running of such

establishments.

29) The contractor shall obtain fire safety license of the kitchen area from the

statutory authorities. The contractor should follow all the hygiene

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guidelines and precautions issued by local authorities in respect of

COVID-19 and other contagious diseases.

30) The contractor shall obtain fire safety license of the kitchen area from the

statutory authorities.

31) The Contractor shall maintain the Registers/Challan copies as under:

(I) Under Contract Labour (Regulation and Abolition) Act, 1970

a) License under CLRA

b) Attendance Register

c) Wage Register

d) Over-time Register

e) Advance Register

f) Register of Deduction for Damage & Loss

g) Register of Fine

h) Accident Register

(II) Under PF/ESIC/MLWF Act

i) Photo copies of PF/ESIC Monthly Challans (from the beginning of

the contract)

j) MLWF Challans (from the beginning of the contract)

k) Agreement copy with the Bank

(III) Under Minimum Wages Act, 1948

Minimum wages to all employees of the agency/ contractor as

prescribed by Central Govt. Minimum wages issued by CLC, New

Delhi.

32) The Contractor shall indemnify and keep indemnified, defend and hold

good IDBI Bank, its officers, directors, employees, representatives and

agents against loss, damages or claims arising out of any violations of

applicable laws, regulations, guidelines during the contract period and

for the breach committed by the contractor or their services personnel on

account of misconduct, omission and negligence by the contractor or his

service personnel.

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33) The successful bidder/contractor will be required to enter into an

Agreement/Contract as per the format given by IDBI Bank on a stamp

paper of requisite amount within 7 days from the date of acceptance of the

offer or any other date as decided by IDBI Bank. The failure, delay or

evasion on the part of the successful bidder to execute the

Agreement/Contract within the stipulated period mentioned above will

result in forfeiture of the EMD.

34) The Contractor shall maintain and provide all necessary documentation,

registers and records in connection with the performance of catering

services and other related documents including for complying with any

statutory requirements and provisions of applicable laws.

35) The Contractor shall take all precautionary measures to ensure the safety

of the workmen employed by it and IDBI Bank will not be responsible in

case of any eventuality.

36) In the case of any labour problems related to the workmen staff of the

Contractor deployed in IDBI Tower, the same shall be settled at the

Contractor’s end only. The Contractor shall indemnify IDBI Bank suitably.

It shall be the duty of the Contractor to clearly inform his own personnel /

staff that they shall have no claim whatsoever against IDBI Bank and they

shall not raise any industrial dispute, either directly and / or indirectly,

with or against IDBI bank, in respect of any of their service conditions or

otherwise.

37) The Contractor shall register with Registrar of the concerned Central Govt.

and shall abide by State Labour/Government of India (Ministry of

Labour) rules and regulations and all other Statutory Acts/Regulations

and rules relevant to this contract including Works Contract Act,

Minimum Wages Act, Provident Fund Act, ESI etc. and shall indemnify

the principal employer (IDBI Bank Limited) against and damages arising

out of the default on the part of Contractor due to negligence or non-

compliance of any of the aforesaid rules, regulations, etc., laid down by

the Government, Statutory authorities Regulations and other Government

bodies, if any, from time to time.

20

38) The Contractor shall appoint adequate staff and a Manager as overall in-

charge of catering services. The Contractor shall ensure that the workmen

staff in catering are suitably trained, well mannered and wear appropriate

uniforms while serving in the canteen. The Contractor shall provide the

uniform along with hand gloves for serving, at their cost.

39) The Contractor shall arrange to issue Identity Cards to all his staff, which

has to be produced for inspection as and when required by IDBI Bank.

40) The Contractor shall ensure:

a. That all instructions, guidelines and specifications issued to the

Contractor by IDBI Bank are clearly and effectively communicated by

the Contractor to its employees and personnel;

b. That all instructions, guidelines and specifications are strictly adhered

to by the employees and personnel of the Contractor so that reputation

of IDBI Bank is not damaged.

c. That no action taken by the Contractor and / or its employees and /or

personnel shall violate laws and regulations.

41) The Contractor shall ensure that there is regular rotation of the employees

/ personnel engaged by him for the purposes of this Contract so that no

employee shall be engaged under this Contract on any work related to

IDBI Bank for a period of more than six months.

42) The Contractor shall not employ the services of any sub-contractor directly

or indirectly for the purposes of catering services pursuant to this

Contract.

43) Any dispute between the Contractor and IDBI Bank, which cannot be

settled by negotiation, may be resolved exclusively by arbitration and such

dispute may be submitted by either party to arbitration within 30 days of

the failure of negotiations. IDBI Bank shall appoint Sole Arbitrator and the

Arbitration shall be held in Mumbai, India and conducted in accordance

with the provision of Arbitration and Conciliation Act 1996 or any

statutory modification or re-enactment thereof. The arbitration

proceedings shall be conducted in the English language. Subject to the

above, the courts of law at Mumbai alone shall have the jurisdiction in

21

respect of all matters connected with the Contract. The arbitration award

shall be final and binding. The Contractor shall not be entitled to suspend

the provision of the catering services, pending resolution of any disputes

and shall continue to render the catering services in accordance with the

provisions of the contract notwithstanding the existence of any dispute

between the Contractor and IDBI Bank or the subsistence of any

arbitration or other proceedings.

44) The contract shall be governed by and construed in accordance with the

laws of India and the Courts in Mumbai shall have the exclusive

jurisdiction to try any suit, proceedings in connection therewith / in that

behalf.

45) The successful contractor must have/has to open a fresh account with the

specified Branch of IDBI Bank Ltd. for covering all transactions relating to

all our operation with IDBI Bank Ltd. throughout the period of contract.

I/We have read the terms and conditions and are acceptable to me/us.

- Signature of the authorized person:

……………………………………………..

- Name of the signatory

(……………………………………………)

(in block capital letters) :

- Status of the signatory i.e.

Proprietor/partner:

………………………………………………

- Date: ………………………………………………

- Address of the bidder :

- Telephone no/s :

………………………………………………..

- Bidders’s Seal

22

ANNEXURE- IV

Tender for providing catering services for Staff Canteen at Bank’s

Corporate Office, Mumbai

Format for Financial Bid

The bidders should quote rates exclusive of GST as under:

Sr. no. Description Rate

(excluding

GST)

Quantity

(Approx.)

Amount (Rs.)

(excluding

GST)

A Lunch as per

menu given

Rs._________

Per plate

240

B Snacks as per

menu given

Rs._________

Per plate

2000

C Tea / Coffee @ Rs._________

Per cup

1000

Total (A+B+C) for arriving at L1 (Excluding GST)

@ One quote may be given for tea / coffee (combined) taking average

cost.

@ GST as applicable will be paid extra on actual

Notes:-

a) Lunch for approx. 240 staff members, Snacks for approx. 2000 staff members & tea/coffee for approx. 1000 staff members shall have to be provided. The numbers mentioned above are indicative and may increase or decrease depending upon the requirement and no claim of rate change will be entertained by the bank for any increase or decrease in number of lunch/snacks/Tea & Coffee. Payments to the Contractor will be made fortnightly on the basis of number of lunches, snacks & tea/coffee availed by staff members on each day.

b) For ranking of financial bids total tendered cost shall be computed on

the basis of (a) rate quoted for lunch by the bidder multiplied by

approximate number of daily (240) lunch plus (b) rate quoted by the

bidder for snack multiplied by (2000) snacks plus (c) rate quoted by the

23

bidder for Tea/ coffee multiplied by approximate number (1000) of

tea/ coffee cups consumed daily. The bidder with the lowest total cost

so computed [i.e. (A) + (B) + (C)] shall qualify as L1. In the unlikely

event of a tie between / among the bidders, fresh spot quotations shall

be invited from the bidders whose tendered costs are tied and ranking

will be decided.

c) The contractor is expected to quote his rates for lunch, snacks as well as

tea/coffee. Bids received for only one item will be rejected.

d) In case of miscalculation furnished by the bidder for total one day cost, per unit rate will be taken as the correct quote and total cost for one day will be corrected accordingly.

e) The numbers mentioned above are indicative and may vary.

******

24

ANNEXURE – V

EXPERIENCE CERTIFICATE

TO WHOMSOEVER IT MAY CONCERN

This is to certify that (Name of Bank/Company/Firm/LLP),

HO/Branch/Circle Office, Mumbai has awarded canteen contract to

M/s.________________________________ from ____________ to

______________. They had served lunch to __________ (no. of employee) per

day at ______________, HO/Branch/Circle office, Mumbai. The annual total

billing is approximately Rs.__________/per annum. Their performance has

been found to be satisfactory/good/very good/excellent.

(Authorized Signatory of Bank/Company

/Firm/HO/Branch/Circle Office)

25

ANNEXURE - VI

(A) SNACKS (On Bank working days approximate 2000 daily)

(Two snacks items may be served in the morning and two in the evening)

V E G E T A R I A N

S.N. Item Quantity

(per plate

snacks)

Weight

1 Idli Sambar with Chatni 2 pieces 80 gms

2 Wada Sambar 2 pieces 70 gms

3 Vegetable Samosa 2 pieces 80 gms

4 Punjabi Samosa 2 pieces 80 gms

5 Upma, Upma(Tomato), Upma (Coconut), Upma

(peas)

75 gms

6 Sabudana Wada 2 pieces 75 gms

7 Potato Wada 2 pieces 80 gms

8 Potato Poha 70 gms

9 Vegetable Pattice 2 pieces 80 gms

10 Vegetable Cutlet 2 pieces 80 gms

11 Sweet Kachori 2 pieces 80 gms

12 Bhajiya 75 gms

13 Sheera 70 gms

14 Dalwada 2 pieces 80 gms

15 Mysore Bonda 2 pieces 80 gms

16 Potato Puri 2 pieces 70 gms

17 Dahi Wada 2 pieces 80 gms

18 Ragda Pattice 80 gms

19 Puri Bhaji 80 gms

26

20 Masala Dosa 100 gms

21 Sada Dosa, Rawa Dosa, Methi Dosa 70 gms

22 Onion Uttapam, Peas Uttapam 70 gms

23 Tomato Omlet with single slice of bread 80 gms

24 Vegetable Sandwich 2 slices

25 Sevpuri/Panipuri 1 plate

26 Misal 1 Plate

27 Bhel (Dry/Wet)

28 Potato Toast 2 slices

29 Bread Roll 1 piece

30 Pav Bhaji 2 Pav

31 Bread Pakoda 2 pieces

32 Rasam wada 2 pieces

33 Bread Butter (On daily basis) 2 pieces

34 Bread Jam (On daily basis) 2 pieces

35 Veg Sandwich (On daily basis) 2 pieces

N O N – V E G E T A R I A N

1 Omlet, (Single with two bread slices) (On daily

basis)

Single 100 gms

27

(B) LUNCH (Bank working days) – Approximately 240 daily

VEGETARIAN

S. N. Item

1 Rice (dobar Basmati)

2 Dry Bhaji

3 Vegetable Bhaji (Gravy)

4 Dal

5 Curd

6 Puris / Parathas / Chapatis

7 Papad

8 Pickle

9 Sweet / Fruit

* Desert 40 gms

NON – VEGETARIAN

S. N. Item

1 Mutton/Fish/Chicken

2 Rice (dobar Basmati)

3 Vegetable Bhaji (Gravy)

4 Dal

5 Curd

6 Puris / Parathas / Chapatis

7 Papad

8 Pickle

9 Sweet / Fruit

* Desert 40 gms

28

Indian Mughalai dish/Chinese/Continental/Regional food may be served

once in a week. Chicken Biryani/Mutton Biryani (Basmati) may be served

once in a fortnight. Chinese & South Indian dishes may be served once in a

month.

Non Veg. menu pattern will be as under-

- Mutton to be served once in a week

- Chicken to be served two times in a week

- Fish to be served two times in a week

- Egg to be served once in a week

Apart from menu indicated above a side dish as salad/ pakoda / dhokla etc.

to be served. Sweet/ice-cream which is outsourced should be from well-

known brand approved by the Bank’s Catering Dept.

CARE

(i) For Bread preparations: – Bread of Wibs brand and Butter of standard

brands like Amul & Britannia to be used.

(ii) For preparation of Snacks & Lunch:- Refined oil like Sundrop, Godrej,

Dhara, Sunlite, Ruchi, Gemini, Priya etc. brands to be used.

(iii) For preparation of sweets: - Ghee like Dalda, Amul, Gowrdhan brands

to be used.

(iv) The number of lunches, snacks, tea/coffee in quoted above is

indicative and may vary.

Fasting Lunch: Fasting lunch on fast day will be served to him/her.

Apart from menu indicated above, adequate quantity of tooth pick and souf

has to be kept on centre table and paper napkin will be supplied to each diner.

******

29

ANNEXURE VII

(On letter head)

Ref. No. Date:

To,

Branch Head/Centre Head IDBI Bank Ltd., .......... ........

Dear Sir,

Compliance Certificate for the month ended ................., 2020

Please refer to the Service Level Agreement executed on _______ [the

Agreement] with IDBI Bank in respect of the services stated in the Agreement, extension granted up to ___________ and other correspondence in respect thereof.

We, ___________, a company/partnership firm/LLP/proprietorship firm incorporated and registered under the Companies Act, 1956 /respective

act and having its registered office at [] hereby confirm to you, as on date hereof, that we have:

(a) complied with the applicable Labour and Industrial laws; (b) made all statutory payments which are required to be paid as per

applicable laws to/for the personnel deployed at your office including Payment of Minimum wages, Overtime, (If applicable), Remittance towards Employees provident Fund & ESIC and there are no outstanding payment liabilities or obligations by us to any employees / personnel deployed at your premises.

(c) not breached any terms and conditions of the Agreement or provisions of the applicable laws. Further to above, we shall make the payment towards Bonus and

Gratuity to our employees deployed at your premises as and when it becomes due/on expiry of agreement/on termination of agreement whichever is earlier.

Enclosed herewith proof of all statutory payments made for the month of ______ 2020 for your reference.

For _____________

Authorised Signatory

Encl: As above

******

30

ANNEXURE VIII

(On letter head)

Ref.No. Date:

To,

Branch Head/Centre Head IDBI Bank Ltd., .......... Dear Sir,

No Due Certificate - Client Service Agreement dated ...........

Please refer to the Service Level Agreement executed on _______ [the

Agreement] with IDBI Bank in respect of the services stated in the

Agreement/Extension granted up to ____________ vide letter dated

__________/Termination Letter dated__________ and other correspondence

in respect thereof.

We, ___________, a company/partnership firm/LLP/proprietorship firm

incorporated and registered under the Companies Act, 1956 /respective act

and having its registered office at [] hereby confirm to you that as on date we

have:

(a) complied with all applicable laws including labour laws and industrial

laws;

(b) made all statutory payments which are required to be paid as per

applicable laws to/for the personnel deployed at your office including

Payment of Minimum wages, Overtime, (If applicable), Remittance

towards Employees Provident Fund & ESIC for the aforesaid

agreement period to our employees deployed at your premises.

(c) made the payment of Bonus and Gratuity for the aforesaid agreement

period to our employees deployed at your premises.

(d) not breached any terms and conditions of the Agreement or provisions

of the applicable laws.

31

That as on date, there are no outstanding liabilities or obligations by us to

any of our employees / personnel deployed at your premises under all

applicable laws including labour laws and industrial laws

We further confirm to you that, as on date hereof:

(a) We have not violated or not in receipt of any notices, letters, alleging

breach of Agreement or contract;

(b) We shall maintain confidentiality of data/information available with

us as per the terms of agreement and shall return the same to you

forthwith or shall destroy the same in accordance with the instructions

given by your officials and shall furnish evidence of such destruction

to your satisfaction;

(c) There are no suits, litigations or arbitration proceedings / conciliation

proceedings or prosecutions filed or pending or initiated against us

involving any claim, demand, liability whatsoever arising out of the

Agreement by any of the personnel or by any statutory or

governmental authority.

(d) We shall preserve and maintain the information and documents which

are required and agreed to be maintained by us in accordance with the

Agreement and shall make the same available to you for the purposes

of audit or as may be required by RBI;

(e) We shall cooperate with you in case of any litigation or prosecution

initiated against you and shall not admit any claim or liability without

your prior consultation and shall defend such litigations /

prosecutions to protect the interest of the Bank.

For...........................

(Name of signatory)

Managing Director/Proprietor/Partner

Encl: As above

32

Annexure - IX

PRE CONTRACT INTEGRITY PACT

General

This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made

on ____________ day of the month of ___________ 20___, between, IDBI Bank Ltd., a

company within the meaning of Section 2(20) of the Companies Act, 2013 (18 of 2013)

and a banking company within the meaning of Section 5 (c) of the Banking Regulation

Act, 1949 (10 of 1949), with Corporate Identity No. L65190MH2004GOI148838 and

having its registered office at IDBI Tower, WTC Complex, Cuffe Parade, Mumbai 400005

through its _______________ Department/ Office at ___________, _________,

(hereinafter called the "PRINCIPAL'', which expression shall mean and include, unless the

context otherwise requires, its successors) of the First Part and M/s

______________represented by Smt/ Shri___________________________, MD/ CEO/

CMD (hereinafter called the "BIDDER/ Seller which expression shall mean and include,

unless the context otherwise requires, its/ his successors and permitted assigns) of the

Second Part.

WHEREAS the PRINCIPAL proposes to procure the services of catering

(_____________________) and BIDDER/ Seller is willing to offer/ has offered the same

to the Principal.

WHEREAS the BIDDER is a private company/ public company/ Government

undertaking/ partnership/ registered export agency, constituted in accordance with the

relevant law in the matter and the PRINCIPAL is an Office/ Department of IDBI Bank Ltd

performing its functions on behalf of IDBI Bank Ltd.

NOW, THEREFORE,

To avoid all forms of corruption by following a system that is fair, transparent and free

from any influence/ prejudiced dealings prior to, during and subsequent to the currency of

the contract to be· entered into with a view to:

Enabling the PRINCIPAL to obtain the desired service/ product at a

competitive price in conformity with the defined specifications by avoiding the

high cost and the distortionary impact of corruption on public procurement; and

Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice

in order to secure the contract by providing assurance to them that their

competitors will also abstain from bribing and other corrupt practices and the

33

PRINCIPAL will commit to prevent corruption, in any form, by its officials

by following transparent procedures.

The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:

1. Commitments of the PRINCIPAL

1.1 The PRINCIPAL undertakes that no official of the PRINCIPAL, connected

directly or indirectly with the contract, will demand, take a promise for or accept directly

or through intermediaries, any bribe, consideration, gift, reward, favour or any material or

immaterial benefit or any other advantage from the BIDDER, either for themselves or for

any person, organisation or third party (which is not available legally) related to the

contract in exchange for an advantage in the bidding process, bid evaluation, contracting or

implementation process related to the contract.

1.2 The PRINCIPAL will, during the pre-contract stage, treat all BIDDERs alike, and

will provide to all BIDDERs the same information and will not provide any such

information to any particular BIDDER which could afford an advantage to that particular

BIDDER in comparison to other BIDDERs.

1.3 All the officials of the PRINCIPAL will report to the appropriate authority any

attempted or completed breaches of the above commitments as well as any substantial

suspicion of such a breach.

2. In case any such preceding misconduct on the part of such official(s) is reported

by the BIDDER to the PRINCIPAL with full and verifiable facts and the same is prima

facie found to be correct by the PRINCIPAL, necessary disciplinary proceedings, or any

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

PRINCIPAL and such a person shall be debarred from further dealings related to the

contract process. In such a case while an enquiry is being conducted by the PRINCIPAL

the proceedings under the contract would not be stalled.

3. Commitments of the BIDDERs

The BIDDER commits itself to take all measures necessary to prevent corrupt

practices, unfair means and illegal activities during any stage of its bid or during any pre-

contract or post-contract stage in order to secure the contract or in furtherance to secure it

and in particular commit itself to the following:

3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift,

consideration, reward, favour, any material or immaterial benefit or other advantage

34

commission, fees brokerage or inducement to any official of the PRINCIPAL, connected

directly or indirectly with the bidding process, or to any person, organisation or third party

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

contracting and implementation of the contract.

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

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

immaterial benefit or other advantage, commission, fees, brokerage or inducement (not

available legally) to any official of the PRINCIPAL or otherwise in procuring the

Contract or forbearing to do or having done any act in relation to the obtaining or

execution of the contract or any other contract with IDBI Bank Ltd for showing or

forbearing to show favour or disfavor to any person in relation to the contract or any other

contract with IDBI Bank Ltd.

3.3 The BIDDER confirms and declares that they have not made any payments to any

agents/ brokers or any other intermediary, in connection with this bid/ contract.

3.4 The BIDDER further confirms and declares to the PRINCIPAL that the BIDDER

is the original vendor or service provider in respect of product/ service covered in the bid

documents and the BIDDER has not engaged with any individual or firm or company

whether Indian or foreign to intercede, facilitate or in any way to recommend to the

PRINCIPAL or any of its functionaries, whether officially or unofficially to the award of

the contract to the BIDDER, nor has any amount been paid, promised or intended to be

paid to any such individual, firm or company in respect of any such intercession,

facilitation or recommendation.

3.5 The BIDDER, at the earliest available opportunity, i.e. either while presenting the

bid or during pre-contract negotiations and in any case before opening the financial bid

and before signing the contract, shall disclose any payments he has made, is committed to

or intends to make to officials of the PRINCIPAL or their family members, agents, brokers

or any other intermediaries in connection with the contract and the details of the services

agreed upon for such payments.

3.6 The BIDDER will not enter into any undisclosed agreement or collude with other

parties interested in the contract/ other BIDDERs to impair the transparency, fairness and

progress of the bidding process, bid evaluation, contracting and implementation of the

contract or with respect to prices, specifications, certifications, subsidiary contracts etc.

35

3.7 The BIDDER will not accept any advantage in exchange for any corrupt practice;

unfair means and illegal activities.

3.8 The BIDDER shall not use improperly, for purpose of competition or personal

gain or pass on to others, any information provided by the PRINCIPAL as a part of the

business relationship, regarding plans, technical proposals and business details including

information contained in any electronic data carrier. The BIDDER also undertakes to

exercise due and adequate care lest any such information is divulged.

3.9 The BIDDER commits to refrain from giving any complaint directly or through

any other manner without supporting it with full and verifiable facts.

3.10 The BIDDER shall not instigate or cause to instigate any third person to commit

any of the actions mentioned above.

3.11 If the BIDDER or any employee of the BIDDER or any person acting on behalf of

the BIDDER, either directly or indirectly, is a relative of any of the officers of the

PRINCIPAL, or alternatively, if any relative of an officer of the PRINCIPAL has financial

interest/ stake in the BIDDER's firm, the same shall be disclosed by the BIDDER at the

time of filing of tender.

3.12 The BIDDER shall not lend to or borrow any money from or enter into any

monetary dealings or transactions, directly or indirectly, with any employee of the

PRINCIPAL.

3.13 The BIDDER/ Contractor shall not directly or through any other person or firm

use coercive practices against IDBI Bank and/ or other BIDDERs/ Contractor(s).

3.14 BIDDERs are not to pass any information provided by the PRINCIPAL as a part

of business relationship to others and not commit any offence under PC/ IPC Act.

3.15 Foreign BIDDERs if any, to disclose name and address of agents and

representatives in India and Indian Bidders to disclose their foreign principal or associates.

3.16 BIDDERs to disclose any transgressions with any other company that may

impinge on anti- corruption principle.

4. Previous Transgressions

4.1 The BIDDER declares that no previous transgression occurred in the last three

36

years immediately before signing of this Integrity Pact, with any other company in any

country in respect of any corrupt practices envisaged hereunder or with any Public Sector

Enterprise / Public Sector Banks in India or any Government Department in India or RBI

that could justify BIDDER’s exclusion from the tender process.

4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER

can be disqualified from the tender process or the contract, if already awarded, can be

terminated for such reason.

5. Earnest Money (Security Deposit)

5.1 While submitting commercial bid, the BIDDER shall deposit an amount (specified

in RFP) as Earnest Money/ Security Deposit, with the PRINCIPAL through any of the

modes mentioned in the RFP/ bid document and no such mode is specified, by a Bank

Draft or a Pay Order in favour of IDBI Bank Ltd. However payment of any such amount

by way of Bank Guarantee, if so permitted as per bid documents/ RFP should be from any

nationalized Bank other than IDBI Bank Ltd and promising payment of the guaranteed

sum to the PRINCIPAL on demand within three working days without any demur

whatsoever and without seeking any reasons whatsoever. The demand for payment by the

PRINCIPAL shall be treated as conclusive proof for making such payment to the

PRINCIPAL.

5.2 Unless otherwise stipulated in the Bid document/ RFP, the Earnest Money/

Security Deposit shall be valid upto a period of five years or the complete conclusion

of the contractual obligations to the complete satisfaction of both the BIDDER and the

PRINCIPAL, including warranty period, whichever is later.

5.3 In case of the successful BIDDER, a clause would also be incorporated in the

Article pertaining to Performance Bond in the Purchase Contract that the provisions of

Sanctions for Violation shall be applicable for forfeiture of Performance Bond in case of a

decision by the PRINCIPAL to forfeit the same without assigning any reason for imposing

sanction for violation of this Pact.

5.4 No interest shall be payable by the PRINCIPAL to the BIDDER on Earnest

Money/ Security Deposit for the period of its currency.

6. Sanctions for Violations

6.1 Any breach of the aforesaid provisions by the BIDDER or anyone employed by it

or acting on its behalf (whether with or without the knowledge of the BIDDER) shall

37

entitle the PRINCIPAL to take all or any one of the following actions, wherever required:

6.1.1 To immediately call off the pre contract negotiations without assigning any

reason and without giving any compensation to the BIDDER. However,

the proceedings with the other BIDDER(s) would continue, unless the

PRINCIPAL desires to drop the entire process.

6.1.2 The Earnest Money Deposit (in pre-contract stage) and / or Security

Deposit/ Performance Bond (after the contract is signed) shall stand

forfeited either fully or partially, as decided by the PRINCIPAL and the

PRINCIPAL shall not be required to assign any reason therefore.

6.1.3 To immediately cancel the contract, if already signed, without giving any

compensation to the BIDDER.

6.1.4 To encash the advance bank guarantee and performance bond/ warranty

bond, if furnished by the BIDDER, in order to recover the payments,

already made by the PRINCIPAL along with interest.

6.1.5 To cancel all or any other Contracts with the BIDDER. The BIDDER shall

be liable to pay compensation for any loss or damage to the PRINCIPAL

resulting from such cancellation/ rescission and the PRINCIPAL shall be

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

BIDDER.

6.1.6 To debar the BIDDER from participating in future bidding processes of the

PRINCIPAL or any of its subsidiaries for a minimum period of five years,

which may be further extended at the discretion of the PRINCIPAL.

6.1.7 To recover all sums paid, in violation of this Pact, by BIDDER(s) to any

middleman or agent or broker with a view to securing the

contract.

6.1.8 Forfeiture of Performance Bond in case of a decision by the PRINCIPAL to

forfeit the same without assigning any reason for imposing sanction for

violation of this Pact.

6.1.9 Intimate to the CVC, IBA, RBI, as the PRINCIPAL deemed fit the details

of such events for appropriate action by such authorities.

6.2 The PRINCIPAL will be entitled to take all or any of the actions mentioned at para

6.1.1 to 6.1.9 of this Pact also on the Commission by the BIDDER or any one employed

by it or acting on its behalf (whether with or without the knowledge of the BIDDER), of an

offense as defined in Chapter IX of Indian Penal Code, 1860 or Prevention of Corruption

Act, 1988 or any other statute enacted for prevention of corruption.

6.3 The decision of the PRINCIPAL to the effect that a breach of the provisions of

38

this Pact has been committed by the BIDDER shall be final and conclusive on the

BIDDER. However, the BIDDER can approach the Independent External Monitor(s)

appointed for the purposes of this Pact.

7. Fall Clause

7.1 The BIDDER undertakes that it has not supplied/ is not supplying similar product/

systems or subsystems at a price lower than that offered in the present bid in respect of any

other Ministry/ Department of the Government of India or PSU or any other Bank and if it

is found at any stage that similar product/ systems or sub systems was supplied by the

BIDDER to any other Ministry/ Department of the Government of India or a PSU or a

Bank at a lower price, then that very price, with due allowance for elapsed time, will be

applicable to the present case and the difference in the cost would be refunded by the

BIDDER to the PRINCIPAL, if the contract has already been concluded.

8. Independent External Monitors

8.1 The PRINCIPAL has appointed Independent External Monitors (hereinafter

referred to as Monitors or IEMs) for this Pact in consultation with the Central Vigilance

Commission (Names and Addresses of the Monitors to be given).

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

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

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

parties and perform their functions neutrally and independently.

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

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

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

he will so inform the Authority designated by the PRINCIPAL.

8.6 The BIDDER(s) accepts that the Monitor has the right to access without restriction

to all Project documentation of the PRINCIPAL including that provided by the BIDDER.

The BIDDER will also grant the Monitor, upon his request and demonstration of a valid

interest, unrestricted and unconditional access to his project documentation. The same is

applicable to Sub-contractors. The Monitor shall be under contractual obligation to treat

the information and documents of the BIDDER/ Sub-contractor(s) with confidentiality.

8.7 The PRINCIPAL will provide to the Monitor sufficient information about all

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meetings among the parties related to the Project provided such meetings could have an

impact on the contractual relations between the parties. The parties will offer to the

Monitor the option to participate in such meetings.

8.8 The Monitor will submit a written report to the designated authority of

PRINCIPAL/ Secretary in the Department/ within 8 to 10 weeks from the date of reference

or intimation to him by the PRINCIPAL/ BIDDER and, should the occasion arise, submit

proposals for correcting problematic situations.

9. Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of

commission, the PRINCIPAL or its agencies shall be entitled to examine all the documents

including the Books of Accounts of the BIDDER and the BIDDER shall provide necessary

information and documents in English and shall extend all possible help for the purpose of

such examination.

10. Law and Place of Jurisdiction

This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat

of the PRINCIPAL viz. Mumbai.

11. Other Legal Actions

The actions stipulated in this Integrity Pact are without prejudice to any other legal

action that may follow in accordance with the provisions of the extant law in force relating

to any civil or criminal proceedings.

12. Validity

12.1 The validity of this Integrity Pact shall be from date of its signing and extend upto

5 years or the complete execution of the contract to the satisfaction of the PRINCIPAL and

the BIDDER/ Seller, including warranty period, whichever is later. In case BIDDER is

unsuccessful, this Integrity Pact shall expire after six months from the date of the signing

of the contract, with the successful bidder by the PRINCIPAL.

12.2 Should one or several provisions of this Pact tum out to be invalid; the remainder

of this Pact shall remain valid. In this case, the parties will strive to come to an agreement

to their original intentions.

13. The parties hereby sign this Integrity Pact at _______________ on___________.

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IN WITNESS WHEREOF, the Parties have signed and executed this

Integrity Pact at the place and date first hereinabove mentioned in the presence of

following witness:

Signature Signature

(For & on behalf of the PRINCIPAL) (For & on behalf of the BIDDER/

Contractor)

Office Seal Office Seal

Name Name

Designation Designation

Witness 1:

(Name & Address) __________________________

Witness 2:

(Name & Address) ____________________________

[Provisions of the above clauses would need to be amended/ deleted in line

with the policy of the PRINCIPAL in regard to involvement of Indian agents of

foreign suppliers].

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