technical bid for empanelment of courier ......2 idbi bank limited regd. office : idbi tower, wtc...

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1 TECHNICAL BID FOR EMPANELMENT OF COURIER SERVICE AGENCIES FOR PROVIDING SERVICES AT IDBI BANK’S BRANCHES & OFFICES ACROSS INDIA NIT No: 001 /2018-2019/APU, Belapur Date: 12 Feb 2019 ADMINISTRATION DEPARTMENT

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    TECHNICAL BID FOR EMPANELMENT

    OF COURIER SERVICE AGENCIES FOR

    PROVIDING SERVICES AT IDBI BANK’S

    BRANCHES & OFFICES ACROSS INDIA

    NIT No: 001 /2018-2019/APU, Belapur

    Date: 12 Feb 2019

    ADMINISTRATION DEPARTMENT

  • 2

    IDBI BANK LIMITED

    Regd. Office : IDBI Tower, WTC Complex,

    Cuffe Parade,Mumbai-400 005

    CIN No: L65190MH2004GOI148838

    TENDER FOR EMPANELMENT OF COURIER SERVICE AGENCIES

    IDBI bank Ltd, invites sealed tenders from established and reputable Courier

    Service Providers (CSP) having adequate experience of rendering courier service to big

    Corporate / Banks / Financial Institutions with all-India presence through wide network

    of branches for empanelment of CSPs for providing courier services at its pan-India

    bank branches/offices.

    I. NOTICE INVITING TENDER

    The tenders shall be submitted in the following manner and shall contain details /

    documents as listed below:

    A) One sealed envelope super-scribed with the words “Empanelment of Courier

    Services Agencies to IDBI Bank Ltd - TECHNICAL BID” containing the following :

    i. A complete set, as mentioned at Cover-I, of Technical Bid as issued, duly filled

    and signed by the bidder.

    ii. Demand Draft towards the earnest money deposit (Rs.50,000/-) in the name of

    ‘IDBI Bank LTD.’ Payable at MUMBAI.

    iii. Exceptions and deviations which bidder may desire to stipulate be given with the

    Tech. Bid in a separate letter. (Bidders are advised to submit the tenders based strictly

    on the conditions of contract and specifications contained in the tender documents and

    not to stipulate any deviations. Should it, however, become unavoidable, deviations may

    be stipulated). The bidders may refrain from submitting conditional tenders. In case any

    bidder put any condition, he/she should be available him/herself or their authorized

    representative at the time of opening of the tender and the same has to be submitted in

    separate envelope. The Banks reserve the right to reject such deviations or evaluate the

    tenders containing deviations having financial implications by adding the cost for such

    deviations as may be determined by the Banks. After assessing the condition(s), the

    Bank shall notify to the bidder / their authorized representative, its decision on the

    condition(s). Bank’s decision shall be final and binding on the bidders. However, the

    bidder shall have the choice to revise their price bid(s) in that case before starting the

  • 3

    opening of Financial Bid. If the authorized personnel is not available / present during

    tender opening and conditional tender is submitted, the same will be rejected.

    B) One sealed envelope super-scribed with the words “Empanelment of Courier

    Services Agencies to IDBI Bank Ltd – FINANCIAL BID” containing the following :

    i. Financial Bid duly filled and signed by the bidder.

    ii. No deviations / conditions will be stipulated by the bidder in the Financial Bid.

    *NOTE: THE ABOVE TWO ENVELOPES SHALL BE PUT IN A BIGGER ENVELOPE

    AND SEALED SUPERSCRIBING "TENDER FOR COURIER SERVICES FOR IDBI

    BANK’s BRANCHES / OFFICES PAN INDIA".

    Process for evaluation of Tender;

    i. Initially Technical Bids will be opened on February 28, 2019 at 3.00 PM at 9th

    floor, Accounts Payable Unit(APU) IDBI Bank, Annexe Building, Plot No.

    39/40/41, Sector 11, CBD Belapur, Navi Mumbai 400614 in the presence of

    interested bidders or their authorized representatives. In case of variations /

    conditions / deviations, if any stipulated by the bidders, these will be

    discussed individually with respective bidders and after giving clarifications if

    needed.

    ii. The Technical Bids will be scrutinized and the Pre-qualified bidders will be

    intimated about the Financial Bid Opening date and time. Those bidders who

    have not submitted EMD in lieu of having NSIC / UDAI registrations need to

    submit Security deposit before the stipulated time. Those bidders who submit

    SD before 3 pm on the Financial Bid opening date would only be considered

    for opening of their price bid.

    This Tender Notice shall form part of the contract

    Place :- Mumbai Sd

    Date :- February 12, 2019 On behalf of IDBI BANK Ltd.

  • 4

    II. PRE-QUALIFICATION CRITERIA:

    The prospective CSP shall fulfill the respective pre-qualifications (Eligibility Criteria)

    mentioned below; otherwise their bids will not be considered valid for the bid evaluation

    process and will be rejected forthwith. The decision of IDBI Bank shall be final,

    conclusive and binding on all parties. The CS Provider shall submit all supporting

    documents and in the case of non-submission, the bid is liable to be summarily rejected.

    a. The CSP should be in the business of providing courier services for at least last

    5 year and should be an incorporated body with good track record and

    capabilities to handle large volumes ( at least Fifty Thousands consignments per

    month, substantiated with documentary evidence ) & also have average annual

    turnover of not less than Rs. 30 crores during the last three years i.e. FY 2015-

    16, 2016-17 and 2017-18 of bidding company and not group company.

    .

    b. The CSP should have experience of having successfully rendered courier

    services to Financial bank/financial institution/ Government & semi Government

    bodies and large corporates. [One contract of value approx. of Rs.6 crore, or 2

    contracts of value approx. Rs. 3 crore each, or 3 contracts of value of Rs. 2 crore

    each.]

    (copies of work order from the said clients may please be submitted)

    c. The CSP should have All-India presence through a wide network of

    offices/branches, to cover all IDBI Bank branches. (List of IDBI Bank

    branches/offices to be obtained from the website of IDBI Bank and list of CSP

    Branches to be furnished with Technical Bid.). The CSP should be able to

    serve minimum above 50 % of bank’s network.

    d. The CSP should have functional Branch/ZO/Regional Offices across the country,

    including Branch/Regional Offices at Mumbai, Kolkata, New Delhi, Chennai,

    Bangalore, Hyderabad, Ahmadabad, Guwahati, Bhubaneshwar, Nagpur,

    Chandigarh and Pune. ( List of centres to be furnished).

    e. Track record of the CSP should be clean and should not have any involvement in

    dispatch of illegal articles or f i n a n c i a l frauds. Tenders must be accompanied

    by a declaration to this effect on the letter head of the bidders. Tenders without

    declaration will not be considered and will be rejected forthwith.

    f. The CSP whose contract in the past was terminated during the contract period

    due to unsatisfactory performance or was awarded the contract in the past but

  • 5

    refused to continue the contract/refuses to sign the agreement as given by the

    Bank will not be eligible for applying now /considered for empanelment. A

    declaration on letterhead of the bidder shall be produced.

    g. The CSP should not have been put in the negative list by any public sector

    bank/govt. organization, for breach of applicable Laws or violation of regulatory

    prescriptions or breach of agreement (A declaration to this effect on the

    letterhead of the bidder shall be produced).

    h. The CSP shall possess the qualification/execution capabilities to address the

    Courier Service requirement at all the locations of the Bank on pan-India basis.

    Services to be made available immediately upon receiving intimation from the

    Bank. The CSP shall be

    e q u i p p e d with proper infrastructure to render the required services at all

    locations. The CSP should have full-fledged website/web portal in its/their name.

    websites only with home/index page will not be treated as genuine website.

    Website shall have provision for online tracking facility for the consignment.

    The CSP shall have e-mail setup in their offices/hubs to resolve the

    complaints/queries over e-mail.

    i. The Earnest Money Deposit (EMD) of Rs.50,000 ( Rupees Fifty thousand only) in

    the form of Demand Draft/Pay Order drawn in favour of “IDBI BANK LTD”

    payable at Mumbai is to be submitted along with the tender application. Vendors

    having NSIC/UDAI registration need not submit EMD along with Technical Bid

    (please submit copy of relevant registration certificate). Such vendors will need

    to submit Security Deposit of Rs.50000/- before opening of Financial Bid by way

    of DD/Pay Order drawn in favour of “IDBI BANK LTD” payable at Mumbai.

    j. The EMDs of the unsuccessful bidders will be refunded within 30 days from

    opening of Financial Bid without any interest. The EMD of the successful bidder

    would be converted into interest-free Security Deposit and would be refunded at

    the time of end of the contract period. Tender without EMD would not be

    considered.

    *****

  • 6

    II. INSTRUCTIONS FOR TENDERING

    1. Subsequent to opening of this tender the Lowest Bidder’s (L1) rate will be

    communicated to agencies (up to L10) who have participated in the tender and are

    willing to provide service at L1's rate would be empanelled as indicated below.

    2. The format of willingness to provide service at Lowest bidder’s rate (L1’s rate) is

    furnished in this tender at Annexure-II, which is to be signed by the CSP while

    submitting Tender. Once the Tenders are opened, the L1’s rate will be communicated to

    9 bidders in the order of L2, L3, L4 etc up to L10, who have signed this page of Tender

    document. Even if a CSP is coming as L2 and is not signing the page they will not be

    contacted by Bank for confirmation and for considering for awarding works on L1’s rate.

    3. Upon getting confirmation from CSPs L2 to L10 about their willingness to provide

    service at L1’s rates, the panel of CSPs will be made in the order of their ranking. The

    lowest bidder cannot raise any objection / claim in Bank making a panel and Bank

    availing services at L1’s rates from any member in the list to any of the Panel of CSPs

    who have participated in the Tender process.

    4. If any CSP defers to provide services after empanelment in any location, then

    they will be removed from the panel for the particular state and the remaining vendors

    will remain in the panel. If the CSP defers to provide services to locations more than

    50% of Bank’s network locations, they may be called for discussions and may be

    removed from the panel at Bank’s discretion.

    5. EMD / SD of Rs.50,000/- submitted by the L1 CSP and other CSPs who have

    agreed to carryout work at L1's rate would be considered as security deposit and would

    be retained by Bank till the CSP is retained in the panel for availing services. The EMD

    of remaining bidders who are not willing to work at L1's rate would be returned within 30

    days from the date of opening of the Financial Bid.

    6. Tender document shall be signed wherever provided for as well as all pages of

    Tender documents shall be initialed at the lower right hand corner by the bidder.

    7. The rates quoted by the bidder are inclusive of all charges/surcharges, excluding

    taxes etc and no escalation in price will be payable for what so-ever reasons.

    *****

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    III. (A) Terms and conditions of the Tender for Empanelment

    1. Tender not accompanied by documentary evidence in respect of any items

    indicated in pre-qualification criteria (indicated above) will not be considered

    and will be rejected forthwith.

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

    rejected forthwith. The decision of the Bank in this regards shall be final,

    conclusive and binding on all the bidders. In the event of the last date for the

    receipt of bids being declared a public holiday for the Bank, the bids will be

    received up to the specified time on the succeeding working day.

    3. The lowest rate in each category will be determined from the quotations received

    from technically qualified bidders. The agencies, willing to extend their services

    at the determined rates will be issued offer for enlistment. The Offer based on the

    lowest bid price in each category or any other price to be decided by Bank would

    need to be accepted within seven (7) working days from the date of issue of the

    offer. Failure to accept the offer within this period will automatically result in

    cancellation of the offer.

    4. The Bank reserves the right to amend/modify the tender document or issuing any

    corrigendum to be bid process.

    5. Any effort by the vendor to influence the tender process may result in forthwith

    rejection of any vendors bid.

    6. The CSP should have enough trained and experienced personnel and manpower

    to carry out the courier services as per Bank’s requirement, at all locations. The

    CSP should have supervisory infrastructure to take care of all matters pertaining

    to the staff deployed at these locations.

    7. The successful bidders should open/have an account with IDBI Bank for

    payments and all the payments will be paid/settled through the single account.

    8. The contract, if awarded, shall be initially for a period of 2 years (including successful completion of trial period of 3 months) or less as decided by IDBI Bank Ltd. The above period can be extended for further period of three years (3 times, annual basis) on the same terms and conditions with mutual consent on observation of satisfactory performance and other aspects/considerations, as determined by the bank, at its sole discretion.

    9. In the case of failure of providing the courier services for the minimum period of 1

    year, the Bank shall have the right to forfeit the EMD amount/security deposited

    by the successful bidders.

  • 8

    10. The CSP shall provide the courier services as given in scope of work’ (as

    specified in the Point-IV clause ‘B’ and clause ‘A’ thereto) to the satisfaction of

    the Bank. The performance of the CSP shall be reviewed on quarterly basis and,

    in case the services are not found to be satisfactory, the contract shall be

    terminated even before the expiry of contract period by giving one month’s

    written notice. However, the contract is liable for immediate termination, without

    any compensation, on violation of any of the provisions by the CSP. The Bank

    may also terminate the contract in the instance of insolvency or bankruptcy of

    CSP of change of ownership of the business of CSP. The Bank shall not pay

    any compensation for such early termination, under any circumstances.

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

    currency of the contract period by giving one month prior notice in writing without

    assigning any reason therefore. However, the CSP shall not terminate the

    contract for the period of minimum 1 year from the date of awarding of the

    contract and thereafter may terminate the contract by giving three 3 months prior

    notice in writing, in case it decides to stop the services. In the case of failure of

    providing the courier services for the minimum period of 1 year, the Bank shall

    have the right to forfeit the EMD amount paid/deposited by the successful bidder.

    12. The CSP shall also permit the Bank hold or deduct the amount from bill/security

    deposit, for non-performance or part performance/substandard

    performance/interrupted performance or failure to discharge obligations under

    this contract. The same shall be incorporated in the agreement.

    . Security Deposit : The EMD of the successful bidder will be converted into

    security deposit on award of contract/acceptance of the offer by IDBI Bank and

    shall not bear any interest. The Security Deposit would be returned within 90

    days of completion of the contract by natural efflux of time or otherwise after

    deducting any payment due by the contractor to the Bank in terms of contract or

    otherwise. The decision of the Bank in this regard shall be final, conclusive and

    binding. EMD of the unsuccessful bidders would be refunded within 30 days from

    the date of opening of Financial Bid and shall not carry any interest.

    13. The Bank shall be entitled to adjust the dues out of monthly bills of the CSP or

    security deposit or recover from CSP the cost towards loss or damage caused by

    the CSP or its staff in the case of any loss/damage of any documents,

    deliverables, etc., or against any other liability of the CSP.

    14. In the event, any damage is caused to the movable property of the Bank, the

    Bank reserves the right to compute the damage in terms of money and to deduct

  • 9

    the money from the monthly bills of the CSP or security deposit or recover from

    CSP.

    15. The CSP shall obtain, at its own cost, any license or permission of any sort

    whatsoever (viz., labour license from Assistant Labour Commissioner and

    register with Employees” state insurance corporation and Office of the Regional

    provident Fund Commissioner, registration and Office of the Regional provident

    Fund Commissioner, registration under shops & Establishments Act, The

    carriage By Road Act, 2007, etc., that may be required under various Acts of the

    central / State Government Authorities, for carrying out the said activity and such

    Registrations and license as may be deemed necessary for engagement of

    contract workers for such purpose.

    16. The CSP shall comply with the provisions of all Labour Laws, which are

    applicable to the contractor’ or his employees and shall be solely responsible for

    liabilities arising out of such compliance, non-compliance or implementation or

    non-implementation thereof. The CSP shall furnish proof of compliance

    (Compliance Certificates from Statutory Authorities) of all Labour Laws

    requirements / shops and Establishments license / The Carriage by Goods Act,

    2007, including obtaining licenses, filing of monthly / quarterly and annual returns

    and any other statutory requirement within 15 days from the due date, and

    furnish calculations and proof of payment / challans, made to all Government /

    statutory Authorities under PF, ESIC, Labour Welfare Fund Act, payment of

    Bonus Act, Shops & Establishments Act, any other applicable laws, etc., within

    15 days of the statutory time limit allowed under the respective Acts and all other

    statutory rules as amended from time to time.

    17. The CSP shall indemnify the Bank from and against all liabilities, claims and

    demands arising out of any payments or reimbursement made by the bank to

    Government (Central/state, semi-Government), statutory authority or any

    payment made under any statue/notification of the Government (Central/State) or

    statutory authority in respect of the employees of CSP or in respect of any claims

    made by the CSP’s employees against the Bank. The CSP shall promptly

    reimburse IDBI Bank all payments made and expense incurred by the Bank in

    respect of the payment referred to above in this clause. Pls attach no dues

    certificate on letter head of bidder.

    18. The CSP shall also be responsible for maintenance of proper records as required

    under the provisions of various Labour Laws / Statutory Acts applicable to them

    and its employees and produce them for inspection as and when demanded by

    the Bank or any appropriate labour authorities.

  • 10

    19. The CSP shall make the payment to personnel engaged by it as per minimum

    wages notified by the Office of the Regional / Central Labour commissioner from

    time to time. The CSP shall satisfy the Bank showing adequate recorded proof

    that the minimum wages, ESIC, Contribution to provident fund, etc., as applicable

    are being paid to its personnel as required under various statutory Acts notified

    by the Government from time to time. IDBI Bank Ltd on its part shall not be liable

    to pay any charges, dues, compensation under any of the industrial laws or other

    laws applicable to the personnel which shall be the sole responsibility of the CSP

    and the CSP alone shall be the employer of such personnel.

    20. The CSP is expected to start services(s) within a maximum period of 7 (seven)

    days from written intimation sent by / from IDBI Bank Ltd. or such time as may be

    permitted by the Bank. In case the CSP is not able to takeover all required

    services in the stipulated period of time from the date of written intimation and/or

    the CSP has not been able to render the courier services to the satisfaction of

    IDBI Bank Ltd. shall be entitled to terminate the agreement and is not bound to

    take any services from that CSP concerned and/ or relocate/re-allot the services.

    21. The CSP shall not employ any person who is prohibited by law from being

    employed. The personnel deployed by the CSP shall not suffer from any physical

    defects, which are likely to interfere with the efficient discharge of their duties.

    They should also possess good physique and should not be suffering from any

    contagious / major disease.

    22. In the event of personnel not reporting for duty, alternate arrangements /

    replacement shall be made by the CSP immediately, without jeopardizing the

    work / business of the Bank’s Branch/Office. An authorized representative of the

    CSP shall ensure his / her service at short notice when required by the Bank.

    23. During surprise checks by any authorized officer of the Bank, if a particular

    personnel is found negligent on duty, the CSP will have to withdraw that

    personnel found negligent in duty, the CSP will have to withdraw that personnel

    from the Bank forthwith and suitable penalty will be imposed by the Bank as

    stated in the respective contract agreement which may even entail cancellation /

    termination of contract for the rest of the period.

    24. The CSP shall take necessary safety measures and CSP shall be solely

    responsible for the safety of personnel engaged by it. The CSP shall provide

    appropriate bags / covers, umbrella, raincoat, etc., to all its personnel, to render

    the required services to the Bank.

  • 11

    25. The Bank shall not be responsible for any accident / injury or loss of life of any of

    the persons engaged by the CSP that may take place while performing /

    executing the contract. Any compensation or expenditure towards the treatment

    of such injury or loss of life shall be the sole responsibility of the CSP at its own

    cost. The CSP shall obtain appropriate insurance policy for its personnel towards

    meeting the liability of compensation arising out of death, injury, disablement etc.,

    while at work (documentary evidence of insurance policy to be submitted to IDBI

    Bank Ltd, within 7 days).

    26. The CSP shall, at its own cost, obtain appropriate / adequate transit insurance

    policy for transporting important documents / parcels / boxes of the Bank (

    documentary evidence of transit insurance policy is to be submitted to IDBI Bank

    Ltd. Within 7 days).

    27. The CSP shall abide by all the rules and regulations laid down by the Bank

    authorities from time to time. The Agency or its personnel shall not at any time

    do, cause or permit any nuisance at the site / do anything which shall cause

    unnecessary disturbances or inconvenience to the occupants/visitors at site or

    near the site of work.

    28. The CSP shall undertake to engage, employ and provide the requisite number of

    personnel for the purpose and also the responsible for payment of their entitled

    emoluments and dues, discipline and work. The CSP must ensure that the

    persons are of highest standards of integrity, discipline and capability. The CSP

    shall be responsible for all acts done by the personnel engaged by it and for

    maintenance of proper discipline by his personnel at the premises of the Bank.

    Any act of indiscipline / misconduct on the part of any personnel engaged by the

    CSP resulting in any loss the Bank, in kind or cash, will be viewed seriously and

    the Bank Shall have the right to levy damages or fine from the CSP and even

    terminate the contract forthwith. The CSP shall ensure that performance and

    quality of all its courier personnel/ supervisors, will be reviewed on regular basis.

    29. Personnel employed by the CSP for providing services to the Bank shall be its

    employees and not of the Bank, in any way, whatsoever. The personnel engaged

    by the CSP shall not have any employee-employer or master-servant relationship

    with Bank and they shall not have any claim whatsoever for employment in the

    Bank, now or at a future date.

    30. The CSP shall not sub-contract the works.

    31. The CSP shall submit the monthly consolidated bills collected from branches

    (duly verified by concerned IDBI Bank’s branch officials) and should be submitted

    in batches as per the schedule decided by the Bank along with list in specific

  • 12

    format. The Bank shall pay charges on monthly basis upon submission of bills by

    the CSP subject to the deductions of TDS at the prevailing rate as applicable

    under the provision of income tax Act, 1961 and certified by the concerned

    official at the respective IDBI Bank’s branch/office to the effect that the services

    have been carried out as per the contract. Any other government guidelines

    regarding GST etc. will also be followed.

    32. All services to the Bank shall initially be on a TRIAL basis for 3 months, during

    which period all dues for services provided shall be cleared by the Bank, but

    further continuation of the contract, shall be possible only, at the sole discretion

    of the Bank, on evaluation of their quality of services.

    33. The CSP shall execute a service Agreement related to this contract on non-

    judicial stamps paper as per the pro-forma prescribed by the Bank within 7

    working days from the date of issue of work order / intimations of all agreements

    and litigation related to this contract that may be entered into with the Bank. The

    original copy of services agreement shall always remain in possession of the

    Bank.

    34. The finally selected CSPs shall have no right, whatsoever, to define the volume

    of business to be necessarily given to them by the Bank. It shall be done at the

    sole discretion and decision of the Bank, unconditionally.

    35. The CSP shall provide weekly offs / holidays to its personnel as per statutory

    laws / labour laws, but it shall be the responsibility of the CSP to provide

    replacements and ensure uninterrupted services on all day and on 24x7 basis.

    36. While selecting the CSPs, emphasis will be given on the ability and competence

    in rendering good quality services. There shall be penalty clauses / penal

    deductions against the CSP, in the Agreement, for courier services, in the case

    of substandard & poor quality of services.

    37. The Bidders / CSPs, who meet all eligibility criteria & terms and conditions in all

    respects and are confident of providing good quality of service, shall submit their

    Tender for Empanelment.

    38. Bidders shall satisfy pre-qualification criteria (Point-II) to qualify in the Technical

    Bid.

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

    summarily rejected.

    40. No escalation in rates on any account will be permitted during the contract

    period.

  • 13

    41. No advance will be paid.

    42. Mere filling of the Bid Document form does not automatically qualify the CSP for

    being selected / allotment of work. Bank shall have the right to reject any or all

    Bid Documents without assigning any reason whatsoever, therefore.

    43. Decisions relating to the contract: The decision of IDBI Bank Ltd in all respects of

    the contract shall be final, conclusive and binding on both the parties.

    44. The CSP shall maintain all information obtained by it and / or provided by IDBI

    Bank Ltd. during the performance of service as strictly confidential.

    45. In the case of any dispute arising out of or in relation to the agreement remedy

    may be sought under the provision of the service agreement / contract.

    46. The CSP shall maintain records of courier services and relevant inward / outward

    movement of consignments and make it available for inspections to IDBI Bank

    Ltd./ statutory authorities / regulatory agencies.

    47. IDBI Bank Ltd. reserves the right to re-issue / re-commence the entire bid

    process in the case of any anomaly, irregularity or discrepancy in regard thereof.

    Any decision of IDBI Bank Ltd. in this regard shall be final, conclusive and

    binding on the Bidder.

    48. IDBI Bank Ltd. reserves the right to accept or reject in part or full of any or all the

    bids as a consequence of this advertisement for tenders for Empanelment of

    courier service provider for providing courier services thereof without assigning

    any reason whatsoever. Any decision of IDBI Bank Ltd. In this regard shall be

    final, conclusive and binding on the Bidder.

    49. IDBI Bank Ltd. reserves the sole right for including any addendum / issuing

    corrigendum to this entire bid process. The bidders shall not claim as a right for

    requiring IDBI Bank Ltd. to do the aforesaid. At any time before the deadline for

    submission of bids / offers, IDBI Bank Ltd. may, for any reason, whether at its

    own initiative or otherwise, modify this Bid Document. All prospective bidders

    who have received this tender document shall be notified that any further

    addenda/corrigenda/extension of date / clarifications/response to bidder queries

    in respect of the above tender shall only be posted on Bank website

    www.idbi.com and no separate notification shall be issued in the press. Bidders

    are therefore requested to regularly visit bank website to keep themselves

    update in this connection. If required, in order to allow prospective bidders

    reasonable time, in which to take the amendment into account, in preparing their

    bids, IDBI Bank Ltd. reserves the right to extend the deadline for the submission

  • 14

    of bids. However, no request from the bidders shall be binding on IDBI Bank Ltd.

    for the same.

    50. The CSPs may submit tender only if the bids are/will be valid for at least 90

    (Ninety) days from the last date of submission of bid. Any decision in this regard

    by IDBI Bank Ltd. shall be final, conclusive and binding on the CSPs.

    51. Proof of pickup and proof of delivery of empanelled courier will be deemed to

    have provided services by empanelled courier and contracted rates will be

    applicable.

    52. Any tender received by the Bank after the last date and time of submission as

    specified in the document shall be rejected forthwith / returned unopened to the

    CSP. Any decision in this regard by the Bank shall be final, conclusive and

    binding on the CSP.

    52. The Bidders shall submit their offers strictly in accordance with the terms and conditions

    of the Bid document. Any Bidder who stipulates conditions contrary to / in variance to the

    conditions given in the Bid document is liable for rejection.

    53. The Bid shall contain complete registered office address, Tel. No. & Fax No., e-mail for serving notices or any communication required to be served to the Bidder in connection with the Bid.

    54. The Bidder(s) (whether he submits the Bid or not) shall treat the details of the document as secret and confidential and shall not share or part with third party without prior written consent of the Bank.

    55. The Bank reserves the right to adjust/rectify any arithmetical or other error(s) in any Bid in the way that it considers just and suitable. Any adjustments/rectifications so made by the Bank shall be treated as stated to the Bidder(s).

    56. Jurisdiction of Courts :The courts at Mumbai shall have exclusive jurisdiction to determine any proceeding/s in relation to the Contract/this Tender.

    *****

  • 15

    III. (B) SCOPE OF WORK

    The list of services to be provided to IDBI Bank Ltd. is given below:

    1. The Courier Service Provider (CSP) shall have an establishment centrally

    controlled and should be working 24 hrs a day, to facilitate dispatch of

    documents / deliverables including Bank holidays and late hours in the night

    throughout the year.

    2. The CSP shall collect the documents/deliverable from the Bank’s branches/other

    offices pan India at their own expenses, on daily basis at such time as may be

    decided by the Bank or as advised by the Bank/branches from time to time and

    dispatch/delivery of the same to various branches of the Bank and its customers

    pan-India.CSP shall arrange to collect the document/deliverables through their

    staff from the branches / other offices of the Bank with an assurance of efficient,

    prompt dispatch and safe services with utmost efficiency and secrecy as per

    Good Industry practice.

    3. The CSP shall prepare the proof of pickup (POP) / proof of Delivery (POD) in the

    Bank / Branch premises. No parcel / documents / deliverables will be allowed to

    be taken out of Bank’s premises without POP / POD.

    4. The CSP provider shall also accept the document / deliverable at its office and

    provide acknowledgement thereof on the deliverable.

    5. The CSP shall pick up the documents and deliverables promptly, and deliver the

    same to the place within respective cities within 2 days, within 4 days PAN India

    and North East states from the date of pick up.

    6. The CSP shall arrange to deliver the important and emergency deliverables by

    Express courier service by air, and shall ensure delivery of the same within 24

    hours from the time of acceptance / pick up of the deliverables within the

    applicable rates.

    7. The CSP provider shall make arrangement for Transit Insurance for transporting

    important document / parcels / deliverable across branches and customers at

    their addresses pan India and vice versa.

    8. The CSP shall have internet site / website and should be able to offer to the Bank

    an online tracking facility of the deliverables / parcels.

  • 16

    9. The CSP shall maintain proof of deliveries and registers and produce the same

    to the concerned officer of the Bank along with the bills.

    10. The CSP shall maintain all information and provide MIS in excel / text format for

    deliverables returned and delivered (date wise, region wise, etc.).

    11. In the event of loss of the documents / deliverables, CSP shall report the matter

    immediately to the officer concerned of the Bank / branch and also take

    appropriate actions. The CSP shall also co-operate and assist the Bank officials

    for recovering the said lost documents / deliverables.

    12. The CSP should prepare and furnish the name(s) of the personnel visiting the

    office (s) of the Bank on monthly basis.

    13. The CSP shall be liable to pay penalty as decided by the Bank for unusual delay

    in delivery, which will be recovered from the bills of the CSP.

    14. The services of the CSP will be reviewed at quarterly intervals or as decided by

    the bank and in event of service(s) being found unsatisfactory (deficient / sub-

    Standard or not as per the terms & conditions of the services Agreement) at the

    time of review or at any time during the intervening period, IDBI Bank Ltd.

    reserves the right to terminate the contract by giving at least one month’s prior

    written notice. If the contract is so terminated, IDBI Bank shall have full right to

    re-tender or reallocate the contract to other CSP. The Bank’s decision shall be

    final. Conclusive and binding on the parties.

    15. The entire responsibility for taking, delivering the documents/deliverable is that of

    the CSP and the IDBI Bank Ltd shall not be liable to pay anything for loss of

    material or manpower during the period of the contract. The CSP shall be

    responsible for any loss of documents / deliverables, etc., for negligence of

    persons employed by it, including but not limited to civil and criminal liability

    arising from the acts of its personnel.

    16. The CSP should be equipped with system of centralized billing services for

    collecting verified bills from branches and to furnish in batches as directed by

    Bank. Confirmation to this effect is required.

    17. The CSP should also have/or can undergo a tie up with postal services in case

    where the bank branches are situated at remote places as per same terms &

    conditions.

  • 17

    IV. Procedure for submitting tender:

    The Tender shall be submitted in two parts viz. part-I (Technical Bid) and part-II

    (Financial Bid) in two separate covers which are to be sealed and put in a master

    envelope super-scribing with the words “Empanelment of Courier Service Agencies

    – providing Courier Service to all Offices, Units, Branches and Centres pan-

    India of IDBI Bank Ltd.”

    Cover-I (Technical Bid)

    This cover forming part-I of the Tender should be super-scribed with the words

    “Empanelment of Courier Services Agencies to IDBI Bank Ltd - TECHNICAL BID”

    and shall contain name, address, telephone numbers ( mobile and Landline ), and e-

    mail ID of CSP ( one full time Director and one VP/GM, Partner, proprietor ) for

    facilitating communications and shall contain the information / Document, duly

    addressed to the Deputy General Manager ( Accounts Payable Unit ),IDBI Bank Ltd.,

    9th floor, Annexe Building, Belapur, Navi Mumbai and be dropped in the Tender Box

    placed on 9th floor, Accounts Payable Unit(APU) IDBI Bank, Annexe Building, Plot No.

    39/40/41, Sector 11, CBD Belapur, Navi Mumbai 400614, Maharashtra on or before

    upto 14:30 hrs (2.30 p.m.) of February 28, 2019. Tenders Submitted through

    courier or hand delivery will not be considered.

    For further details bidders may contact Shri J.K. Dave, DGM ([email protected]

    ,022-62264906 or Shri C.M. Chamoli, AGM ([email protected] ,22-62264943).

    DOCUMENTS COMPRISING THE BID:-

    The Bid prepared by the CSP shall comprise the following Documents/information:

    Technical Bid Checklist

    1. A) Organization Profile like year of establishment, name/s of

    proprietor/partners/directors of the bidders with their residential addresses

    and telephone numbers, etc.

    B) self attested copy of deed of partnership, if the bidder is a partnership

    concern;

    C) self attested copies of certificate issued in the name of the company

    under Shops and Establishment Act/ Local Govt. Authorities.

    mailto:[email protected]:[email protected]

  • 18

    2. A) Business and Operational details like Annual turnover for last 3 year, (

    2015-16, 2016-17 & 2017-18 )

    B) Must have positive Networth for the last 3 year.

    C) Manpower position ( present) No, of branches, self-attested copies of

    Income-Tax Returns filed.

    3. A) Declaration on letterhead of the bidder that it has never been involved

    in any illegal activity or financial frauds.

    B) Declaration on letter head of the bidder that its contract in the past was

    not terminated during the contract period due to unsatisfactory

    performance, nor it refused to continue the courier service for any

    institution after the contract was awarded by the respective institution in

    the past.

    4. CSP’s Client details ( at least 3 ) with volume of business ( for last 3 years

    i.e. 2015-16, 2016-17 & 2017-18 ) & average monthly billing. ( copies of

    work orders of courier services from clients as indicated in above - at least

    3 )

    5. EMD of Rs.50,000/- ( Rupees Fifty Thousand Only ) in the form of pay

    order/ DD payable at Mumbai favoring “IDBI BANK LTD.” payable at

    MUMBAI.

    NSIC registered Vendors or having UDAI registration are exempted from

    submitting EMD at the time of submission of Technical Bid. But once the

    Pre-qualification is completed, the pre-qualified bidders need to submit

    Security Deposit of Rs.50,000/- before opening of Financial Bid in the form

    of pay order/ DD payable at Mumbai favoring “IDBI BANK LTD.” payable at

    MUMBAI.

    6. Undertaking from the bidder on letter head that they have not modified any

    part of the Empanelment Documents, downloaded bid documents from the

    Website.

    7. Application for Tender duly signed by the authorized person(s) of the CSP

    (Annexure I) and covering letter for Financial Bid (Annexure III ).

    8. The bidders must enclose the copy of terms & condition of the Tender and

    scope of work - Points IV (A) & (B) duly signed by the authorized

    person(s).

  • 19

    9. Financial Bid to be signed and stamped by authorizes signatory.

    10. The CSP should be able to serve minimum above 50 % of bank’s network.

    11. Bank would empanel vendors in the order of their quoting. Lowest(L1) rate

    would be communicated to lowest first 10 vendors there who have given

    willingness to provice service at L1’s rate as per Annexure-II herewith.

    Note :-

    A) It may be noted that tenders not accompanied by any one of the above documents or

    satisfactory explanation therefore will be liable for rejection forthwith.

    B) Document mentioned above from (1) to (11) may be submitted in serial order.

    C) Bidder shall satisfy pre-qualification criteria (Point-II ) to qualify for participating in the

    Technical Bid

    D) Technical Bid (Cover-I ) shall not contain any Financial Bid.

    E) Exceptions and deviations which bidder may desire to stipulate be given with the Technical Bid in a separate letter. (Bidders are advised to submit the tenders based strictly on the conditions of contract and specifications contained in the tender documents and not to stipulate any deviations. Should it, however, become unavoidable, deviations may be stipulated). The bidders may refrain from submitting conditional tenders. In case any bidder put any condition, he/she should be available him/herself or their authorized representative at the time of opening of the tender and the same has to be submitted in separate envelope. The Bank reserve the right to reject such deviations or evaluate the tenders containing deviations having financial implications by adding the cost for such deviations and/or as may be determined by the Bank. After assessing the condition(s), the Bank shall notify to the bidder / their authorized representative, its decision on the condition(s). Bank’s decision shall be final and binding on the bidders. However, the bidder shall have the choice to revise their price bid(s) in that case before starting the opening of Financial Bid. If the authorized personnel is not available / present during tender opening and conditional tender is submitted, the same will be rejected.

    All concerned may note that only Technical Bid ( part – I ) will be opened at 15:00 hrs (3.00

    p.m.) on the last date of receipt of the tender i.e. February 28, 2019 for pre-qualification of the

    bidders.

    Cover-II (Financial Bid)

    This cover forming part II of Tender should be super-scribed with the words “Empanelment

    for providing Courier services to IDBI Bank Ltd – FINANCIAL BID”. Rates for various

    categories of courier services are to be indicated in the format as given in Financial bid

    document. Covering letter for Financial Bid should be duly signed by the authorized person(s)

  • 20

    of the bidder. This cover will be opened subsequently, after short-listing the bidders based on

    Technical Bids.

    i) Before bidding, the CSP are requested to carefully examine the bidding documents

    and the terms and conditions of the contract, and if there appears to be any

    ambiguity and/or discrepancy between any of the bidding document they should

    forthwith refer the matter to IDBI Bank for necessary clarifications. The prospective

    Courier service provider may seek such clarification in writing by e-mail ( as per page

    No.1 ) on or before 7 days prior to the final date of submission. IDBI Bank’s response

    will be sent by e-mail.

    ii) Only bidders, short-listed on the basis of the Technical Bid shall participate in the

    financial Bid.

    iii) The lowest rates in each category will be determined from the quotations

    received from technically qualified bidders. The agencies willing to extend their

    services at the determined rates will be issued offer for enlistment. The offer

    based on the lowest bid price in each category or any other price to be decided

    by bank would need to be accepted within seven ( 7) working days from the

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

    automatically result in cancellation of the offers.

    iv) IDBI Bank Ltd shall have the right to decide the omission of the participating bidders

    on the basis of Technical Bid, without giving explanation to anyone of the participants

    of any other parties and also exclude them on the basis so decided by the Bank to

    participate in the Financial Bid.

    v) All the page of the Tender shall be signed by the authorized person(s) of the bidders.

    All documents submitted should be self-attested with the seal of the bidder.

    vi) CSP shall bear all costs associated with the preparation and submission of its Bid and

    IDBI Bank Ltd. Shall, in no case, be held responsible or liable for such cost regardless

    of the contact or outcome of the bidding process including cancellation or

    abandonment of the bidding process.

    vii) The Bid prepared by the CSP, as well as all correspondence and documents relating

    to the Bid exchanged by the CSP and IDBI Bank Ltd. with supporting document and

    printed literature shall be in ENGLISH only.

    *****

  • 21

    Annexure- I

    Covering Letter for Technical BID

    Date : …………….………..

    To,

    Dy. General Manager,

    9TH Floor,

    Accounts Payable Unit

    IDBI Bank Limited,

    Annexe Building,

    Plot NO.39/40/41,

    Sector 11, CBD Belapur,

    Navi Mumbai-400 614.

    Dear Sir/Madam,

    Providing Courier Services to IDBI Bank Ltd –Technical Bid

    1. After going through the Tender Documents, the receipt whereof is hereby duly

    acknowledge, we the undersigned, offer our services in conformity with the Tender

    Documents.

    2. We agree and undertake, if our Bid is successful & accepted, to deliver and commission

    the Services in accordance with the delivery schedule specified by the Bank. We agree

    that we would open a fresh account with IDBI Bank Ltd. for covering all transactions

    relating to all our courier operations with IDBI Bank Ltd. throughout the period of

    contract.

    3. We agree and undertake to abide by the bid terms of IDBI Bank Ltd. including the rates

    quoted therein for the orders awarded by IDBI Bank Ltd. up to the period prescribed in

    the Bid, which shall be final, conclusive & remain binding upon us.

    4. We agree to execute the Service Agreement as per the terms and conditions given by

    the Bank in the Tender Document and until the same is executed, this Bid, together with

    relevant documents duly initiated /executed shall constitute a binding contract between

    us.

    5. We agree and undertake that (if the bid is successful & accepted by you) and after

    execution of the Service Agreement as part of the above contract, we will strictly observe

    the laws inter alia, in particular, against fraud and corruption in force in India namely

    “Prevention of Corruption Act, 1988” and similar laws and also strictly abide by and

    observe all applicable laws.

    6. We agree and confirm that you are not bound to accept the lowest or any Bid you may

    receive and you also have the right to re-issue / re-commerce/ cancel/ annul or abandon

    the Bid process. Any decision in this regard by you shall be final, conclusive and binding

    on us.

    7. The Earnest Money Deposit (EMD) of Rs.50,000(Rupees fifty thousand only) in the form

    of Demand Draft/Pay Order brown in favour of “IDBI BANK Ltd” payable at Mumbai only

  • 22

    is to be submitted along with the tender application. The EMDs of the unsuccessful

    bidders will be refunded without any interest. The EMD of the successful bidder would

    be converted into any interest-free Security Deposit and shall not carry any interest and

    would be refunded at the time of end of the contract period. Tenders without EMD would

    not be considered.

    The EMD shall be forfeited by the Bank in case:

    The Bidder withdraws his bid during the bid validity period; or

    The Bidder makes any statement or encloses any form which turns to be false,

    incorrect and/or misleading at any time prior to signing of contract and/or

    conceals or suppresses material information; or

    The Successful Bidder fails to sign the contract or furnish performance security

    and other guarantee(s)/security in the form and manner to the satisfaction of

    Bank, as mentioned in the Bid Document.

    Dated this ……………………………….Day of ……………………………………….2019.

    (Signature & seal of Bidder) (Name) (In the

    capacity of)

    Duly authorized to sign the bid for and on behalf of (Company/Bidder)

    ********

  • 23

    Annexure – II

    WILLINGNESS LETTER TO PROVIDE COURIER SERVICES AT LOWEST BIDDER’S

    (L1’S) RATES

    To

    The Dy.General Manager ,

    Accounts Payable Unit ),

    IDBI Bank Ltd.,

    9th floor, Annexe Building,

    Sector 11, CBD Belapur,

    Navi Mumbai

    Dear Sir,

    We are submitting tender for “ Providing Courier Services for Branches / Offices of Bank for

    PAN India” and we have quoted our best rates in the Financial Bid.

    If the tender submitted by us happens to be lowest; we will provide services on this rate to Bank

    for all the locations. We further inform that we would be binding on the rates quoted by us and

    would provide services for Branches and Offices of IDBI bank at all locations.

    We further state that we do not have any objection / claim in Bank obtaining services from any

    of the empanelled CSPs who participated in this tender process at the rate quoted by us.

    In case we are not lowest, we indicate our willingness to provide services as indicated in the

    tender at the rate quoted by Lowest bidder (L1’s rates).

    However, we accept that all other terms and conditions stated in this tender would remain same

    for the works awarded by bank in due course.

    Dated ______day of_________________, 2019

    Signed in the capacity of_____________________ duly authorized to sign tenders for an on

    behalf of _______________

    Yours faithfully

    Signature of Authorized Signatory (With Seal & Name)

    *****

  • 24

    (Stamps)

    ANNEXURE III

    FORMAT OF AGREEMENT

    THIS AGREEMENT made at Mumbai on ___ day of _____, _____ BETWEEN IDBI Bank

    Limited, a Bank registered under the Companies Act, 1956 (1 of 1956) and within the meaning

    of Section 2(20) of Companies Act, 2013, bearing CIN- L65190MH2004GOI148838 and a

    ”Banking Company” within the meaning of Section 5 (c) of the Banking Regulation Act, 1949

    (10 of 1949) and having its registered office at IDBI Tower, WTC Complex, Cuffe Parade,

    Mumbai – 400005 and having its office at IDBI Bank Ltd, Annexe Building 9th Floor,

    Plot No:39/40/41, Sector 11, CBD – Belapur, Navi Mumbai – 400 614, in the State of

    Maharashtra (hereinafter referred to as “the Bank or “ IDBI Bank”), which expression shall,

    unless repugnant to the context, mean and include its successors and assigns, of the One Part

    and

    M/s.________________________________, ________________________________,

    (hereinafter called “The Successful Bidder”) which expression shall unless repugnant to the

    context or to the meaning thereof be deemed to include their heirs, executors, administrators,

    successors and permitted assigns) of the OTHER PART.

  • 25

    The Bank and the Successful Bidder(s) are hereinafter collectively referred to as

    "Parties" and individually as Party-

    WHEREAS IDBI Bank vide its RFP No .__________ dated _________(Tender) had invited Bids

    from the eligible Bidder(s)s for Empanelment of Courier Service Agencies for providing courier

    services at IDBI Bank’s branches and offices across India.

    WHEREAS the Successful Bidder(s) has approached the Bank and expressed and represented

    that they are having expertise in undertaking job contract for performing the job of Courier

    Services at IDBI Bank’s branches and offices across India.

    AND WHEREAS the Bank relying upon the representations and warranties made by the

    Successful Bidder(s) has accepted its Bid for rendering the Said Job/the service(s), which

    requires specialized and incidental services, which can be provided by an expert like the

    Successful Bidder(s) for the sum of Rs. [] (Contract Price in Words and Figures) (hereinafter

    called “the Contract Price”) and awarded the Contract for performing the job of Courier

    Services at IDBI Bank’s branches and offices across India on the terms and conditions of

    RFP/Tender dated ____________and also the terms and conditions hereinafter appearing.

    NOW, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN

    THE PARTIES HERETO AS FOLLOWS:

    In this Agreement words and expressions not specifically defined shall have the same meanings

    as are respectively assigned to them in the Tender.

    The Tender together with all Annexure, Schedules and Forms of Tender amended from time to

    time and this Agreement, and the other related documents shall be deemed to form and be

    read and construed as part of these presents and the term and conditions stipulated therein

    shall be deemed to have been incorporated in this Agreement and read as part of this

    Agreement.

    In consideration of the payment of the Contract Price in accordance and subject to terms and

    conditions contained in Tender by the Bank to the Successful Bidder(s), the Successful Bidder(s)

    hereby agrees and covenants with IDBI Bank to provide/render/deliver Said Job/the service(s)

    and to remedy defects, if any therein, strictly in conformity in all respects with the provisions of

    the Contract.

    The Bank hereby agrees and covenants to pay the Successful Bidder(s) in consideration of the

    Job/service(s) and the remedying of defects, if any therein, the Contract Price or such other

    sum as may become payable under the provisions of the Contract at the times and in the

    manner prescribed by the Contract.

    It is hereby agreed by and between the parties as under:-

  • 26

    1. The Successful Bidder agrees & undertakes to carry on all the jobs/services as per Annexure ‘A’.

    2. For carrying out the said jobs the Successful Bidder(s) will be paid by the Bank charges, the details of which are as shown in Annexure ‘B’. The Successful Bidder(s) will submit his bill/ invoice within 5 days of the succeeding month in which the said services are rendered.

    3. The Successful Bidder(s) shall comply with the provisions of all Labour Laws, which are applicable to the Successful Bidder(s) or his employees and shall be solely responsible for liabilities arising out of such compliance, non-compliance or implementation or non-implementation. The Successful Bidder(s) will furnish proof of compliance of all Labour law requirements, including obtaining licenses, filing of monthly/quarterly and annual returns and any other statutory requirement within 15 days from the due date and furnish calculations and proof of payments made to all government/Statutory Authorities under PF, ESIC, Labour Welfare Fund Act, Payment of Bonus Act, etc. within 10 days of the statutory time limit allowed under the respective Acts.

    4. In order to induce IDBI Bank to enter into the Contract, the Successful Bidder hereby represents and warrants as of the date hereof, which representations and warranties shall survive the term and termination hereof, the following:

    (a)The Successful Bidder is a duly organized and validly existing under the laws of India

    and is in good standing under the laws of the Successful Bidder’s business and the

    Successful Bidder has full authority to enter into this Agreement and to execute, deliver

    and perform all of its obligations hereunder according to the terms hereof.

    (b)The Successful Bidder has the expertise, resources, infrastructure, and qualified

    manpower to provide the Services and hereby warrants that it shall provide the Services

    meeting the highest quality standards as specified by the Bank from time to time.

    (c)The Successful Bidder has the requisite experience and expertise, resources,

    infrastructure, qualified manpower and other requisite resources to provide the Services

    and hereby represents and warrants that all Services provided hereunder shall at all

    times strictly conform to the requirements of this Agreement as set out herein.

    (d)The Successful Bidder warrants that all Services provided hereunder shall conform to

    the requirements of this Agreement and the Successful Bidder shall at all-time adhere to

    good industry practices.

    (e)The Successful Bidder warrants that it has obtained all applicable permissions,

    licenses, permits and consents required to provide the Services and the same are valid

    and subsisting that the Services shall be provided in compliance with all Applicable Laws

    and the provision of the Services shall not result in the breach of any Applicable Laws.

  • 27

    (f)That the Successful Bidder shall procure all the necessary permissions and requisite

    authorities approvals, consents, no objections and licenses for providing the Services

    and shall keep IDBI Bank, its directors, officers, employees, representatives, consultants

    and agents indemnified in relation thereto.

    (g)There are no strikes, lockouts or other labour disputes or any other claim, litigation,

    suits against the Successful Bidder, or to the best of the Successful Bidder’s knowledge,

    threatened and/or pending against or affecting the Successful Bidder / its Personnel or

    the properties/assets/revenues of the Successful Bidder and no material unfair labour

    practice complaint is pending or, to the best knowledge of the Successful Bidder

    threatened and/or pending against the Successful Bidder, before any Governmental

    authority or Court or Tribunal.

    (h)The Successful Bidder has not been blacklisted or de-empanelled or debarred from

    providing the Services by any bank or financial institution or government or any

    statutory authority or regulatory authority or any other institution & the Successful

    Bidder is solvent.

    (i)That the execution of the Service(s) herein is and shall be strictly in accordance and in

    compliance with all applicable laws, as amended from time to time, the regulatory

    framework governing the same and the good industry practice.

    (j)That there are – (i) no legal proceedings pending or threatened against Successful

    Bidder including winding up or insolvency proceedings or its team which adversely

    affect/may affect performance under this Agreement; and (ii) no inquiries or

    investigations have been threatened, commenced or pending against the Successful

    Bidder or its team members by any statutory or regulatory or investigative agencies.

    (k)That neither the execution and delivery by the Successful Bidder of this Agreement

    nor the Successful Bidder compliance with or performance of the terms and provisions of

    this Agreement (i) will contravene any provision of any applicable laws or any order,

    writ, injunction or decree of any court or governmental authority binding on the

    Successful Bidder (ii) will conflict or be inconsistent with or result in any breach of any

    or the terms, covenants, conditions, provisions or stipulations of, or constitute a default

    under any agreement, contract or instrument to which the Successful Bidder is a party

    or by which it or any of its property or assets is bound or to which it may be subject or

    (iii) will violate any provision of the Constitutional Documents (if applicable) of the

    Successful Bidder.

    5. The Successful Bidder(s) shall indemnify the Bank from all liabilities arising out of any payment made by the Bank to Government (Central/State, Semi-Government) statutory authority or any payment made under any statute/notification of the Government (Central/State) or statutory authority in respect of his employees or in respect of any claims made by the Successful Bidder(s)’s employees against the Bank. The Successful

  • 28

    Bidder(s) shall also indemnify the Bank from all liabilities arising out of poor/unsatisfactory performance of its employees.

    6. It is clearly understood that the Successful Bidder(s)’s employees shall not have any employee-employer or master-servant relationship with the Bank.

    7. The Successful Bidder(s) shall be responsible for all acts done by the Workmen / Employee engaged by him and for maintenance of proper discipline by his workmen / employee at the premises of the Bank. The Successful Bidder(s) shall also be responsible for maintenance or proper records as required under the provisions of various Labour Laws applicable to the Successful Bidder(s) and contract employees.

    8. If in the opinion of IDBI Bank, acting reasonably, the Services have not been performed to the standards as described in this Agreement, IDBI Bank shall have the option to require the Successful Bidder to expeditiously correct any deficiencies in the Services at no cost to IDBI Bank. Deficiencies in Services shall be determined by reviewing the quality and timeliness of the Services. The Successful Bidder shall furnish personnel with the skills and experience appropriate to satisfy with the requirements of this Agreement. The Successful Bidder’s Personnel provided under this Agreement shall possess, in the aggregate, a range of skills that would permit individual Successful Bidder’s Personnel to perform job / assignment and provide the Services at operating levels as contemplated under the Agreement.

    9. The Successful Bidder acknowledges that nothing herein shall give rise to any obligations on the part of IDBI Bank towards the Successful Bidder Personnel, and the Successful Bidder alone shall remain responsible for the Successful Bidder Personnel.

    10. The Successful Bidder shall at all times use all reasonable efforts to maintain discipline and good order amongst its personnel and ensure that its personnel are aware of the code of conduct governing the services including the Services and resultant disciplinary action in case of breach of code of conduct by them during the course of their engagement for provision of Services contemplated herein.

    11. If IDBI Bank deems any of the Successful Bidder’s Personnel unsuitable, incompetent, and dishonest or non-co-operative, it shall without delay, informs the Successful Bidder to remove the concerned person, the Successful Bidder shall do so and supply a replacement for such employee at its own cost and expense.

    12. All employees/personnel, executives engaged by the Successful Bidder shall be in sole employment of the Successful Bidder and the Successful Bidder shall be solely responsible for their salaries, wages, statutory payments etc. Under no circumstances, shall IDBI Bank be liable for any payment or claim or compensation of any nature to the employees and personnel of the Successful Bidder. The Successful Bidder shall furnish such records and information as may be required by IDBI Bank in relation to the above and at such periodicity as may be specified by IDBI Bank. The Successful Bidder agrees, undertakes and confirms absolutely, irrevocably, unconditionally that the entire obligation with regard to payment of minimum wages, bonus, gratuity and all other statutory or non-statutory payments which may be applicable from time to time to the employees engaged by the Successful Bidder shall be principally with the Successful

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    Bidder and the Successful Bidder shall also be liable for payment to the employees engaged by him any revision in aforesaid laws affected by appropriate Government and liability and duty of IDBI Bank shall be limited only to the extent of reimbursement of the bills properly raised/payment of fees and not otherwise. If any liability, obligation, burden, claim or cost are suffered or incurred by IDBI Bank on account of breach by the Successful Bidder of the provisions of this clause, the Successful Bidder shall forthwith reimburse the same to IDBI Bank without any demur or protest whatsoever. The Successful Bidder hereby indemnifies IDBI Bank against any harm or cost or claim incurred or suffered by IDBI Bank due to breach of the Successful Bidder in terms of the obligations herein.

    13. The Successful Bidder will furnish proof of compliance of all labour laws requirements including obtaining licenses, filing of monthly/quarterly and annual returns and any other statutory requirement within 15 days from the due date and furnish calculations and proof of payments made to all Government/Statutory Authorities under PF, ESIC, Labour Welfare Fund Act, Payment of Bonus Act, Minimum Wages Act, Payment of Wages Act, etc., within 10 days of the statutory time limit allowed under the respective Acts. The Successful Bidder shall be solely liable for the payment of all the past, present and future central, state and local levies, direct/indirect taxes, duties, fines and penalties (including without limitation GST,if any) by whatever name called, as may become due and payable in relation to the Services.

    14. The Successful Bidder shall also be responsible for compliance of all laws with respect to the performance of Services under this Agreement. The Successful Bidder shall be responsible for all acts done by the Successful Bidder’s Personnel engaged by him and for maintenance of proper discipline by his personnel at the premises/establishments of IDBI Bank. The Successful Bidder shall also be responsible for maintenance of proper records as required under the provisions of various Labour Laws applicable to the Successful Bidder and contract employees. The Successful Bidder shall cause each of the Personnel to devote full time and effort, for the Term for performing the Services.

    15. The Successful Bidder shall take insurance for its staff to be deployed with bank and shall keep the same valid and renewed for the entire tenure of the agreement. IDBI Bank shall have no liability whatsoever for any loss or injury to any individual assigned to perform the Services under this Agreement or otherwise, while on IDBI Bank's premises or anywhere else as a result of malfunction of any equipment or otherwise howsoever. The Successful Bidder will be solely liable for the aforesaid. The Successful Bidder undertakes to provide such documentary proof of compliance of this clause as may be required by the Bank or its authorities.

    16. Further, the Successful Bidder shall put in place a business continuity plan and/or contingency plan for the purposes of ensuring continued rendering of Services undertaken by the Successful Bidder to the IDBI Bank. The Successful Bidder agrees to furnish the business continuity plan and/or contingency plan to IDBI Bank within a period of 07 days from signing of this Agreement and the Successful Bidder also agrees to make necessary changes, if any, to the business continuity plan or contingency plan as per instructions / directions given by the Bank after examination of the plan submitted by the Successful Bidder. The Successful Bidder shall maintain at its own expense during the Term, adequate insurance coverage including but not restricted to,

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    comprehensive general commercial liability insurance coverage, medical insurance coverage, insurance coverage against physical loss or damage to the Successful Bidder’s Personnel and property, fidelity insurance protecting against employees dishonesty, theft, robbery, forgery, altered documents and/or other dishonest acts and any other insurance as required by Applicable Laws and shall ensure that all such insurance policies remain in force and effect during the term/period of the Services by the Successful Bidder. Copy of such insurance policy shall be submitted to this office every year as and when such insurance policies is taken or renewed by the Successful Bidder.

    17. In the event, any damage is caused to the movable or immovable property of the Bank or its client or to the property of the employees of the Bank, the Bank reserves the right to compute the damage in terms of money and to deduct the money from the bill/s of the Successful Bidder(s) or from the amount payable to the Successful Bidder(s) by the Bank and the remaining amount, if any, by way of civil damages.

    18. The Successful Bidder(s) agrees and covenants not to use the Trademark and/or trade name of the Bank or letterheads of neither the Bank nor the Successful Bidder(s) will hold himself as an agent of the Bank. The relationship between the Successful Bidder(s) and the Bank being a principal to principal basis.

    19. The Successful Bidder(s) shall not use the Bank’s address on his letterhead/stationery for purposes of Registration with any Government/Local Body or any other Company or person and no tenancy shall be created by the presence of his workmen / employee on the Bank’s premises

    20. The Contract is valid for a period of 2 years commencing from April 1, 2019 or such period as intimated to the Successful Bidder(s) at least 15 days in advance and thereafter it will come to an end by afflux of time unless it is renewed in writing by the parties. The above period can be extended for further period of three years (3 times, annual basis) on the same terms and conditions.

    21. During the above period of Contract, either party shall have the right to terminate this agreement as under:

    i. By Bidder: by giving to the Bank 90 days prior notice in writing

    ii. By Bank: by giving the Bidder 30 days’ notice in writing.

    iii. The Bank may also terminate the Contract without assigning any reason whatsoever

    in the following instances:

    a) Failure by the Successful Bidder(s) to meet deadlines for performance of services or failing to meet the standards required by the Bank in the performing of services.

    b) Insolvency or bankruptcy of the Successful Bidder(s).

    c) Change of ownership of the business of the Successful Bidder(s)

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    d) Breach of any of the terms/ conditions of the tender documents and this agreement.

    e) If the Successful Bidder fails or refuses to perform the services in the manner and / or within the time frames agreed in this behalf or abandons the services or any part thereof; or

    f) If the Successful Bidder fails to start the required services to the satisfaction of IDBI Bank; or

    g) If the Successful Bidder fails to provide adequate assurance of the Successful Bidder ability to meet the time frames of an assignment forming part of the services; or

    h) If the Vendor fails to correct defects and deficiencies in any services in a timely manner; or

    i) If any of the representations or warranties provided by the Successful Bidder are found to be false or incorrect; or

    j) If a petition for insolvency, winding up or dissolution is filed against the Successful Bidder or any court receiver is appointed as receiver of all or any of the properties / assets of the Successful Bidder; or

    k) If the Successful Bidder, intentionally or unintentionally, disregards or violates any applicable Laws or conditions of any applicable permits; or

    l) If any proceedings civil or criminal, litigations civil or criminal is initiated or filed against the Successful Bidder or any of their directors/partner; or

    m) If in the opinion of IDBI Bank the interest of IDBI Bank are jeopardized in any manner whatsoever ; or

    n) If in the opinion of IDBI Bank it is expedient in the public interest or interest of IDBI Bank are to terminate this Agreement.

    22. On termination and/or determination of this agreement, as aforesaid, the Successful Bidder(s) shall forthwith withdraw/remove himself and his employees, without assigning any reason.

    23. In case of termination the Successful Bidder shall not be entitled to any benefits under this Agreement but would continue to be liable towards any antecedent liability, all obligations accrued before the date of termination and also for the obligations that must be fulfilled after termination.

    24. Successful Bidder(s) will not cede any of its rights or delegate or assign any of its obligations in terms of this agreement without the prior written consent of the Bank.

    25. Proof of pickup and proof of delivery of empanelled courier will be deemed to have provided services by empanelled courier and contracted rates will be applicable.

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    26. The Successful Bidder(s) guarantees that he / she is competent to carry out the services which he/she has undertaken in this contract. Any material misrepresentation shall lead to summary termination of this agreement.

    27. The Successful Bidder(s) acknowledges that during the relationship with the Bank, the Successful Bidder(s) may become familiar with its confidential information including commercial and technical secrets and / or the confidential information of clients of the Bank.

    28. The Successful Bidder(s) consequently agrees that during the period of performing services and subsequent thereto, the Successful Bidder(s) will not disclose to others or make use of directly or indirectly, any confidential information of the Bank or confidential information of a client of the Bank or of others who have disclosed it to the Bank under conditions of confidentiality, unless for a purpose authorized by the Bank. If there is any doubt about whether any disclosure or use is for an authorized purpose, the Successful Bidder(s) is to obtain a ruling in writing from the Bank and is to abide by it.

    29. The Successful Bidder(s) shall take reasonable security precautions to keep confidential all information deemed confidential and shall not make unauthorized copies. He / she further undertakes to notify the Bank immediately upon discovery of any unauthorized use or disclosure of confidential material and shall assist the Bank in regaining of such material and mitigating the loss to the Bank there from.

    30. IDBI Bank has issued a letter bearing reference no _____________ to the Service

    Provider in connection with the Courier Services and the Service Provider has

    communicated its absolute, unconditional and unqualified acceptance to the terms

    detailed therein. The aforesaid letter dated _____________ forms integral part of this

    Agreement.

    31. No Sub-Contracting

    Bidder / Service Provider shall not sub-contract any part of the Courier Services to be

    rendered and/ or performed under and pursuant to this Agreement. Service Provider

    shall seek prior written approval of IDBI Bank in case Service Provider intends to sub-

    contract all or part of the Courier Services.

    32. Severability

    If any of the terms, covenants or conditions thereof as to application of such term,

    covenant or conditions shall be held invalid as to either Party on circumstances by any

    court having jurisdiction, the reminder of such terms, covenants or conditions shall not

    be affected thereby, shall remain in full force and affect and shall continue to be valid,

    legal, subsisting, binding and enforceable.

    In case of any change in Applicable Laws in India that has an effect on the terms of this

    Agreement, the parties agree that the Agreement may be reviewed, and if deemed

    necessary by the parties re-negotiated in good faith.

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    33. Survival Of Provisions

    In order that the Parties hereto may fully exercise their rights and perform their

    obligations hereunder, such provisions of this Agreement that are required to ensure

    such exercise or performance shall survive the termination of this Agreement for any

    cause whatsoever.

    34. The confidentiality obligations, the indemnity obligations, the governing law and

    jurisdiction and dispute resolution shall survive the expiration, cancellation or

    termination of this Agreement.

    35. Entire Agreement

    This Agreement contains all of the understanding and agreement or whatsoever kind

    and nature existing between the Parties hereto with respect to written or oral

    agreements, commitments, representatives, communications and understandings

    between the Parties hereto with respect to the transactions herein contained.

    36. Assignment

    This Agreement shall not be assigned either fully or in part by Service Provider to any

    third party without the prior written consent of IDBI Bank. IDBI Bank may at time, in

    whole or in part, assign or transfer or any of its rights, benefits and obligations under

    this Agreement to any third party without the consent of Service Provider.

    37. Relationship Between Parties

    Bidder / Service Provider is serving as an independent provider/ contractor to IDBI Bank

    hereunder, and this Agreement creates no partnership, pooling or joint venture

    relationship between the Parties, and no employment relationship between IDBI Bank

    and the employees consultants, representatives of Service Provider.

    It is clearly understood that the Service Provider employees shall not have any employee

    or master-servant relationship with IDBI Bank. The personnel / employee of the Service

    Provider shall continue to be the personnel / employee of the Service Provider and work

    under its directions and shall not become or claim any employment from IDBI Bank

    irrespective of the location of their work. Nothing contained in this Agreement shall be

    construed or deemed to create any association, partnership or joint venture or employer

    – employee relationship in any manner whatsoever between IDBI Bank and the Service

    Provider. The Service Provider acknowledges that its rendering of Courier Services is

    solely within its own control, subject to the terms and conditions agreed upon and

    agrees not to hold itself out to be an employee or servant of IDBI Bank.

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    Nothing in this Agreement shall be construed as creating any contractual or other

    relationship between IDBI Bank and any personnel of the Service Provider, nor any

    obligation on the part of IDBI Bank to pay or see to the payment of any money due to

    any personnel.

    38. Amendment

    No modifications, alterations, amendment or waivers of any provisions herein contained

    shall be binding on the Parties hereto unless evidenced in writing signed by duly

    authorized representatives of both Parties.

    No failure or delay by any party in exercising any right, power or privilege hereunder

    shall operate as a waiver thereof nor shall any single or partial exercise of any other

    right, power or privilege. The rights and remedies provided herein shall be cumulative

    and not exclusive of any rights and/or remedies provided by Applicable Law.

    39. No Waiver

    The failure of either Party, at any time during the currency of this Agreement, to require

    performance by the other party of any provision of this Agreement shall in no way affect

    the full right to require such performance at any time thereafter. The waiver by either

    Party of a breach of any provision of this Agreement does not constitute a waiver of any

    succeeding breach of the same or any other provision, nor shall it constitute a waiver of

    the provision itself.

    40. Preservation Of Documents

    Service Provider shall preserve the documents, information and data relating to the

    Courier Services rendered and/or performed by Service Provider pursuant to this

    Agreement in accordance with the applicable legal and regulatory requirements as per

    the Applicable Laws applying to IDBI Bank.

    The Service Provider shall execute and deliver such additional documents and shall

    perform such additional actions, as may be necessary, appropriate or reasonably

    requested to carry out or evidence the transaction(s) contemplated hereby.

    41. Headings

    The heading of various Articles and Clauses herein is for convenience of reference and is

    not deemed to affect the construction of the relative provisions.

    42. Effective Date And Validity

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    This Agreement shall be deemed to have come into force and effect on and from the

    date hereof. It shall be in force until its termination or 2 years/a period as decided by

    IDBI Bank, from the date hereof whichever is earlier.

    The Contract is valid for a period of 2 years by IDBI Bank, and thereafter it will come to

    an end by natural efflux of time, without any further notice to be given by IDBI Bank to

    the Service Provider, unless if, it is renewed in writing (up to 1 year at a time only, for

    further three terms with a total maximum period of five years) on mutual consent.

    43. Counterparts

    This Agreement is executed in duplicate; the original shall be inthe custody of IDBI Bank

    and the duplicate with Service Provider.

    44. Rights

    Any express statement of a right of a Party under this Agreement is without prejudice to

    any other right of the Party expressly stated in this Agreement or existing at law.

    45. Set Off

    IDBI Bank may deduct or retain out of any monies, which may be due or become due to

    Service Provider hereunder or otherwise, any amounts owed by Service Provider to IDBI

    Bank hereunder or otherwise.

    46. Governing Law This Agreement and any non-contractual obligations arising out of or in connection with

    it are governed by Indian law. This clause will survive the expiration, cancellation or

    termination of this Agreement.

    47. For the purpose of this clause, confidential information will be deemed to extend to all confidential technical and commercial information, including, but not limited to the contents of reports, specifications, quotations, formulae, computer records, client lists, price schedules, customer lists, customers and the like.

    48. Inspection/ Audit

    (a) The Bank shall at all reasonable times have access to any site where the Successful Bidder(s) are performing any of the said Job/the Service(s) and such person shall have the right to inspect such performance and all documentation related thereto and to make and retain copies of the aforesaid documentation.

    (b) The Successful Bidder(s) shall be required to keep complete and accurate records of all the operations and expenses in connection with the said Job/the service(s) provided to the Bank. All such records shall be kept on file by the Successful Bidder(s) for a minimum period of 3 (three) years from the date of the transaction. However the Bank

  • 36

    may consider taking over the records from the Vendor from time to time at its sole discretion.

    (c) The Successful Bidder(s) shall, co-operate with the Bank’s, internal or external auditor to assure a prompt and accurate audit. The Successful Bidder(s) shall also co-operate in good faith with the Bank to correct any practices which are found to be deficient as a result of any such audit within a reasonable time after receipt of the Bank’s audit report. Such audits or reviews will be at the expenses of the Bank. However, if the audit discovers discrepancies or overcharges, then upon completion of such audit or review, the Successful Bidder(s) shall be bound and liable to reimburse to the Bank such discrepancies or overcharges and for the cost of the audit. Further in case of discrepancies, duplicate payment or overcharges being discovered, the cost of audit will also be recoverable from the Successful Bidder.

    49. Compliance with RBI and other Regulatory requirements

    The Bank / Successful Bidder(s) shall individually obtain the necessary regulatory and

    statutory approvals from the RBI or other regulatory/statutory bodies, if any required,

    for said Job/the service(s). Any demand for information regarding any of the matters to

    the extent mutually agreeable under this Agreement called for by the RBI or any other

    regulatory body shall be promptly responded to by the concerned Party. The Successful

    Bidder(s) undertakes to comply all the statutory and regulatory requirements under the

    Applicable Laws in connection with said Job/the service(s) including Labour and

    Industrial Laws. All RBI guidelines on outs