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1
Request for proposal (RFP)
Empanelment of Vendors for
Printing of offset and variable data
printing Activities
for IDBI BANK LIMITED
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Disclaimer
This Request for Proposal (RFP) document has been prepared solely for the purpose of
inviting bids from service providers / Vendors for empanelment in the Bank for various
printing jobs, including offset and variable data printing (VDP) activities as mentioned in the
Scope of Work.
The information contained in this (RFP) document or information provided
subsequently to Bidder(s) or applicants whether verbally or in documentary form by or on
behalf of IDBI Bank Limited (“IDBI Bank/ the Bank/ Purchaser”), is provided to the
Bidder(s) on the terms and conditions set out in this RFP document and all other terms and
conditions subject to which such information is provided.
This RFP document is not an agreement and is neither an offer nor
invitation to offer. This RFP is to invite proposals from applicants who are
qualified to submit the bids (hereinafter individually and collectively referred
to as “Bidder/Service Provider” or “Bidders/Service Providers”
respectively for the purpose mentioned above The purpose of this RFP is to provide
the Bidder(s) with information to assist the formulation of their proposals. This RFP does not
claim to contain all the information each Bidder may require. Each Bidder may conduct its
own independent investigations and analysis and is free to check the accuracy, reliability and
completeness of the information in this RFP. Bank makes no representation or warranty and
shall incur no liability under any law, statute, rules or regulations as to the accuracy, reliability
or completeness of this RFP. Bank may in its absolute discretion, but without being under any
obligation to do so, update, amend or supplement the information in this RFP.
The information contained in the RFP document is selective and is subject to updating
expansion, revision and amendment. It does not purport to contain all the information that a
Bidder may require. IDBI Bank does not undertake to provide any Bidder with access to any
additional information or to update the information in the RFP document or to correct any
inaccuracies therein, which may become apparent. IDBI Bank reserves the right or discretion
to change, modify, add to or alters any or all of the provisions of this RFP document and / or
the bidding process, without assigning any reasons, whatsoever. However, any such change
will be intimated to all Bidders on its occurrence. Any information contained in this RFP
document will be superseded by any later written information on the same subject made
available to all recipients by IDBI Bank at its website.
Information provided in this RFP is on a wide range of matters, some of which may
depend upon interpretation of law. The information given is not intended to be an exhaustive
account of statutory requirements and should not be regarded as a complete or authoritative
statement of law. IDBI Bank does not own any responsibility for the accuracy or otherwise for
any interpretation or opinion on law expressed herein. Further, IDBI Bank also does not accept
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liability of any nature whether resulting from negligence or otherwise howsoever caused
arising from reliance of any Bidder upon the statements contained in this RFP.
IDBI Bank may in its absolute discretion, but without being under any obligation to do
so, update, amend or supplement the information in this RFP. All information about IDBI
Bank and the proposed assignment furnished to the Bidder by IDBI Bank in the context of the
proposed assignment referred in this RFP document is to be considered as “Confidential
Information” and is to be kept strictly confidential.
IDBI Bank reserves the right to reject any or all the expression of interest / proposals received
in response to this RFP document at any stage without assigning any reason whatsoever. The
decision of IDBI Bank shall be final, conclusive and binding on all the parties. It may be noted
that notice regarding corrigenda, addendums, amendments, time-extensions, clarifications,
response to Bidders’ queries etc., if any to RFP, will not be published through any
advertisement in newspapers or any other media. Prospective bidders shall regularly visit
Bank’s website for any changes / development in relation to this RFP. Prospective bidders shall
regularly visit Bank’s website, www.idbibank.in for any changes / development in relation to
this RFP.
Bids not satisfying the procedure prescribed in the Bid document will be treated as
invalid and rejected summarily.
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Technical Empanelment of Vendors for various printing jobs of the Bank
Tender ref:– IDBI/CPU/TN/2020/35
Tender commencement date: – February 14, 2020
Tender closing date: – March 06, 2020 till 03.00 pm
Tender opening date: - March 07, 2020 @ 11.00 am
INDEX
Sr.
No.
Particulars Page No.
1 News Paper Advertisement 5
2 Tender Notice 6
3 General Information and Instructions 7
4 Tender Submission Process 9
5 Scope of Work
Annexure - I 12
6 Technical Empanelment Details 13
7 Application of Tender
Annexure – II 15
8 Prequalification Criteria - Offset and VDP
(Annexure III) 18
9 Terms and Conditions of Contract
(Annexure IV) 22
10 Service Level Agreement 30
11 Deed of Indemnity-Cum-Undertaking 47
12 Checklist for various documents / certificates to be submitted
(Annexure V) 51
13 Pre Contract Integrity Pact 52
14 Empanelment Form
(Annexure VI)
As per excel
file
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Central Processing Unit (CPU)
Annex Building, 3rd
floor,
Plot No.39/40/41,
Sector 11, CBD Belapur,
Navi Mumbai - 400 614.
EMPANELMENT NOTICE
Empanelment of Vendors for various printing jobs
Tender Ref :- IDBI/CPU/TN/2020/35 Date: February 14, 2020
Sealed tenders are invited from reputed Vendors / services providers for empanelment in the
Bank for various printing jobs including offset and variable data printing (VDP) for above
office. Last date for submission of tender is 03.00 p.m. on March 06, 2020. For further
details, please visit the Bank's website at www.idbibank.in
Sd/-
Deputy General Manager
Central Processing Unit
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IDBI Bank Limited
Central Processing Unit (CPU)
Tender Notice Ref No: IDBI/CPU/TN/2020/35
IDBI Bank proposes to prepare a panel of Vendors / service providers for providing various
printing services to the Bank. Sealed Tenders are invited from eligible Vendors / service
providers for the Empanelment of various printing jobs including offset printing and variable
data printing (VDP) Brief details of which is given in Annexure - III.
Interested Vendors / service providers may download the details of the tender document and
submit the same by dropping in the tender box kept for this purpose on 3rd Floor, Annex
Building, Plot No.39/40/41, Sector 11, CBD Belapur, Navi Mumbai – 400 0614 on or before
3:00 p.m. on March 06, 2020. The tender opening date is proposed on March 07, 2020 at 11.00
am. Tenders received by Courier / Post will not be accepted and will be rejected. Tenders not
satisfying the procedure prescribed in the tender document will be treated as invalid and
rejected summarily. Further, the Bank reserves the right to accept or reject any or all offers
without assigning any reason thereof. The decision of IDBI Bank in this regard shall be final,
conclusive and binding on all the Printers.
For further details/clarifications please contact:
Kunjan Pandya, 022-66700594
Email : [email protected]
Shri Vejay M Mane, 022-66700717,
Email : [email protected]
IDBI Bank Ltd.
Stationery Department – CPU
Annex Building, Plot No.39/40/41,
Sector 11, CBD Belapur,
Navi Mumbai – 400 0614
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General Information and Instructions
1. Background:
IDBI Bank is a company incorporated and registered under Companies Act, 1956 (1 of
1956) and a company within the meaning of Section 2 (20) of the Companies Act 2013
(18 of 2013) and a banking company under section 5 (c) of the Banking Regulation
Act, 1949 (10 of 1949) with CIN.:L65190MH2004GOI148838. The Bank is also a
Scheduled Bank as notified by the Reserve Bank of India (RBI) under the Reserve
Bank of India Act, 1934. The Bank is engaged in providing finance to industries and
conducting banking business
2. Purpose:
The purpose of this RFP is inviting bids from eligible Vendors / services providers/
bidders for empanelment in the Bank for various printing jobs including offset, variable
data printing (VDP), as detail in the Scope of Work is mentioned in Annexure - I.
3. Eligibility:
The Eligibility for the Bidder is more particularly described in Annexure III and IV
along with the Terms and Conditions.
4. General Instructions:
i. The Bid documents to be submitted in person at the office address specified herein.
ii. If a holiday is declared on any of the dates mentioned above, the bids shall be
received /opened on the next working day at the same timings specified above.
iii. All costs and expenses (whether in terms of time or money) incurred by the Bidder
in any way associated with or incidental to the preparation and submission of
response/Bids, including, but not limited to attendance at meetings, discussions,
demonstrations etc. and providing any additional information required by IDBI
Bank, will be borne entirely and exclusively by the Bidder. IDBI Bank shall in no
case be held responsible or liable for such costs, regardless of the conduct or
outcome of the bid process including but not limited to
cancellation/abandonment/annulment of the bidding process.
iv. The Bidder shall submit their offers strictly in accordance with the terms and
conditions of the Bid Documents. Any Bid, which stipulates conditions contrary to
the terms and conditions given in the Bid Documents, shall be rejected. Any
decision in this regard by IDBI Bank shall be final, conclusive and binding on the
Bidder.
v. The Bidder cannot quote for the services / project in part.
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vi. IDBI Bank reserves the right to alter, amend & modify the quantity of the above
mentioned items.
vii. The validity of the quote would be for 90 days from the date submission of Bid.
viii. The pre-bid meeting with the vendors would be conducted on 25th February, 2020
at 11.00 a.m. for resolution of any query at the end of the proposed bidder/service
provider.
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Procedure for submitting Tender
The Technical Bid shall be submitted in in cover which is to be sealed and put in a master
envelop super-scribing with the words "Tender for various printing jobs including offset
and variable data printing (VDP).
Cover
This Cover forming the Tender Bid should be super-scribed with the words "Tender for
various printing jobs including offset and variable data printing (VDP)” containing
following information / documents, duly addressed to the Deputy General Manager (CPU –
Administration Department), IDBI Bank Ltd., Navi Mumbai and be dropped in the Bid Box
placed on 3rd floor of Annex Building up to 03:00 pm on or before March 06, 2020. The Bids
received after the cut-off time will not be considered even if the EMD amount has been
remitted by the bidder in advance. Under no circumstances Bid should be sent by Courier / by
Post or to be handed over to any official of the Bank. IDBI Bank will not be responsible for
any tender received through courier / by post or hand delivery.
Documents / Information to be submitted :
a) Certified copies of Memorandum of Association, Articles of Association, Board
Resolutions, LLP Agreement, Self-attested copy of deed of partnership, based on the
constitution of the Vendors /providers.
b) Self-attested copies of GSTN and updated certificate issued in the name of the company
under Shops and Establishments Act.
c) Copy of PAN card.
d) List of establishments where the bidder is currently supplying stationery items with
information regarding name of the Organization, full address, Telephone number,
contact person, copy of Purchase order (along with order dates and value ) or
consolidated statement of invoices for last two years attested by the purchaser.
e) The Earnest Money Deposit amounting to Rs.2,00,000/- (Rupees Two lakh only) must
be deposited by demand draft / pay order from any scheduled commercial bank in favour
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of ‘IDBI Bank Limited’, payable at Mumbai) along with technical bid – it may be noted
that the EMD shall not carry any interest and that EMDs of the unsuccessful bidders
would be refunded within 90 working days after selection of the bidder for carrying
out the proposed assignment. The EMD of the successful bidder would be converted
into Security Deposit and shall not carry any interest and would be refunded after
satisfactory completion of the job or such extended period as may be decided by IDBI
Bank Ltd. at its own discretion. Tenders not accompanied with EMD’s receipt and
those received after due date as specified above will not be considered.
f) The relaxation of norms for startups and Micro and Small Enterprises (MSE) in
the Public Procurement, would be extended to the eligible tender as per The
Public Procurement Policy for Micro and Small Enterprises (MSEs) Order 2012
and other relevant orders/notifications issued by the Ministry of Micro, Small
and Medium Enterprises, Govt. of India. The tender registered as Micro and
Small Enterprise, will have to submit a valid certified copy of NSIC Registration
Certificate / Udyog Aadhar Renewal Certificate.
MSME registered with DIC/KVIC/KVIB/Coir board/NSIC/directorate of
Handicrafts and handloom or any other body specified by Ministry of MSME”.
Accordingly, NSIC/KVIC/DIC registration, if applicable, is mandatory to be
furnished by the Bidder for exemption from payment of EMD.
g) Technical specifications and samples of papers of reputed paper mills for selection
by the Bank; (with mill’s name and other specifications written thereon) and letter
from the respective mill that they are authorized distributors appointed by them.
h) Application for Tender duly signed by the authorized person(s) of the bidder.
i) The bidders must enclose the copy of terms and conditions duly signed by the
authorized person(s).
N.B. :-
1) It may be noted that tenders not accompanied by any one of the above documents or
satisfactory explanation thereof will be liable for rejection forthwith.
2) Documents mentioned above are to be submitted in serial order.
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All concerned may note that Technical Bid will be opened at 11.00 am on March 07, 2020 for
pre-qualification of the bidders.
a) Bidder shall satisfy pre-qualification criteria to qualify in the Technical Bid round.
b) The Bank does not bind itself to accept the lowest or any tender and reserves the right
to reject any tender without assigning any reason whatsoever. Any decision of the Bank
in this regard shall be final, conclusive and binding on the bidders.
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Annexure –I
Scope of Work:
Bank needs to carry out offset as well as VDP printing activities on an ongoing basis.
The scope of work would include printing and dispatching of Pre-printed stationery items for
its PAN India branches as well as printing and dispatching of letters to respective clients (as a
part of VDP job) as per instructions of bank or statutory authority. Offset printing includes
banking stationeries like forms, pads, booklets, etc. and marketing collaterals like fliers,
posters, danglers, etc. The Vendors would be expected to complete the assigned work within
the given timelines by maintaining quality as instructed by the Bank.
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Technical Empanelment Details
Procedure:
1. Sealed Bids along with all other documents should be submitted in a cover duly
super scribed with the words
“Tender for Empanelment of Vendors for various printing jobs.”
<<Vendor Company Name>>
and should contain the followings :
a. Annexure II (Tender Application duly filled and signed on letter head of the Vendor).
b. Duly signed copy of all pre-qualification criteria (Annexure - III) and the relevant
Annexure for which the Vendor is applying to be empanelled with the Bank, confirming
that the Vendor fulfills all the criteria as mentioned therein.
c. Signed copy of Terms and Conditions (Annexure - IV), accepting all the terms and
conditions mentioned thereon unconditionally.
d. Duly signed copy of Empanelment Form (Annexure - VI) thereby agreeing to abide by
the Terms and Conditions contained therein.
All the documents should be signed by a person or persons duly authorized to bind the Vendor
to this Bid Document. Certified copy of authority letter, power of attorney, board resolution etc.
should be enclosed wherever applicable. The person or persons signing this Tender Document
shall put their initial on all pages of this Bid Document,
Please refer the Annexure - V for checklist of the conditions to be complied with while
submitting the applications.
The sealed cover containing the Bid shall be addressed to the Deputy General Manager
(Tenders), CPU Department, Annex Building, Plot No.39/40/41, Sector 11, CBD Belapur,
Navi Mumbai – 400 0614.. Tender application should be dropped in Tender box kept for the
purpose on 3rd floor of above office in person on or before 03.00 pm of March 06, 2020. The
Bid received by India Post / Courier will not be accepted. Any bids received by the Bank
after the deadline for submission of bids prescribed by the Bank will be summarily
rejected and returned unopened to the Vendor.
The Bank reserves the right for carrying out amendments/ modification / changes including any
addendum to this Tender document. All the Vendors shall be notified of the amendment in
writing by email or fax or post, or the same may be hosted on IDBI Bank’s website
(www.idbibank.in) and all such amendment(s) shall be binding on the Vendors..
The Bidder shall bear all costs associated with or incidental to the preparation and submission
of the Tender and the Bank will in no case be held responsible or liable for these costs,
regardless of the conduct or outcome of the tendering process.
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The Bids shall be opened at 11.00 am on March 07, 2020 at IDBI Bank, CPU Department,
Annex Building, Plot No.39/40/41, Sector 11, CBD Belapur, Navi Mumbai – 400 0614 for
evaluation of the documents submitted by the bidder.
--- x ---
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(On the Letter Head of the bidder )
Annexure II
Application for Tender
The Deputy General Manager,
IDBI Bank Ltd.,
Central Processing Unit (CPU),
Annex Building, 3rd Floor,
Plot No.39/40/41,
Sector 11, CBD Belapur,
Navi Mumbai – 400 0614.
Dear Sir,
Technical Empanelment of Vendors for various printing jobs of the Bank
Tender No:- IDBI/CPU/TN/2020/35
1. Having read and examined all instructions, forms, terms, specifications, annexure in this
Bid Document and after carefully studying the same and also having understood the
implications, we hereby convey our absolute and unconditional acceptance to the same
and also apply / offer ourselves for empanelment of us as Vendor in conformity with
your requirements and the terms and conditions set for the same.
2. We confirm that we fulfill all the qualification criteria laid down herein to be empaneled
as a Vendor and we have necessary statutory permissions in place for undertaking and
providing the printing services to the Bank.
3. We agree to abide by this Tender as amended from time to time and it shall remain
binding on us.
4. We note that IDBI Bank Ltd reserve the right to
a. not to empanel the Vendor in case of Tender documents are not as per
requirement of bank and / or rejected by IDBI Bank due to any reason
whatsoever.
b. reject any and/or all offers without assigning any reasons thereof.
c. offer the same type of services to more than one Vendor.
We are also aware that the decision of IDBI Bank Ltd. shall be final, conclusive and
binding on us.
5. We declare that we have never been involved in providing services to any anti social
groups / outlaw organization and / or we have never been involved in any kind of fraud
/ legal cases arises out of fraud / illegal cases.
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6. We are enclosing the Pre Qualification Criteria and Terms and Conditions of the tender
(Annexure III and IV respectively) duly signed by authorized representative of our firm
/ company.
7. We declare that neither we nor any of our employees / directors has been barred from
providing the services as contemplated herein nor are we blacklisted by any public
sector banks, statutory or regulatory or investigative agencies in India or abroad.
8. We further declare that no legal proceeding(s) has / have been initiated and/or pending
or threatened against us which shall affect our ability to provide the printing services
that may be assigned by the Bank to us and no inquiry or investigation is pending or
threatened against us from any statutory regulatory and / or investigation agency.
9. We declare that the above information furnished by us is true and correct and also
confirm that in case of our empanelment with the Bank, we shall abide by the terms and
conditions stipulated by the Bank regulating such empanelment.
10. The details of our Firm/Establishment are as follows :
Sr. No. Particulars Details
1. Name of the Firm/Establishment:
2. Address:
Administrative/Regd. Office: [ ] Owned/[ ] Leased (if on lease please
mention the period………...)
3. Contact Person/s :
Telephone Numbers
E-mail id
3. Print Shop :
[ ] Owned/[ ] Leased (if on lease
please mention the period………...)
For multiple locations enclose
separate list of address along with
contact nos.
4. Constitution :
Proprietorship, Partnership,
Company, etc.
5. Date of Establishment :
(submit necessary proof)
____/____/_________
6. In the business since :
(submit necessary proof)
____/____/_________
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7. Applying for : 1. Offset Stationery printing [ ]
2. Variable Data Printing [ ]
We enclose the following Demand Draft issued In favour of IDBI Bank payable at Mumbai:
DD No.: XXXXXX Dated DD-MMM-YYYY for Rs. 1000/- (Rupees Ten thousand only) as
application fee of RFP issued by______________________________________________
DD No.XXXXXX Dated DD-MMM-YYYY for Rs. 2,00,000/- (Rupees two Lakhs only) as
EMD issued by_______________________________________________.
Dated this day of 2020
Signature :
In the Capacity of :
Duly authorized to sign the tender offer for and on behalf of
Note: To be provided on the letter head of the entity.
Signature of the authorized person ______________________________
Name of the signatory (in block capital letters) _____________________
Seal of the Vendor : _____________________ Date : __________________
-------
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Annexure III
Pre Qualification Criteria
Offset Stationery and Variable Data Printing
Track record
The Vendor should be in business of printing for at least three years
with good track record, should not have any involvement in illegal
activities or financial frauds and capability to handle large volumes.
Financial standing
The Vendor shall be a profitable concern and shall have
minimum annual turnover of at least Rs.50 lakhs during each of the last
3 years (Audited Balance Sheet for the last 3 Financial Years, i.e.
2016-17, 2017-18 and 2018-19 to be furnished.
Application Money
(non refundable)
The Vendor should submit a Non Refundable Application money of
Rs.1,000/- must be deposited by demand draft / pay order from any
scheduled commercial bank in favour of ‘IDBI Bank Limited’, payable at
Mumbai . No tender shall be considered unless the Application money
is received. The Vendor hall be a profitable concern and shall have
minimum annual turnover of at least Rs.50 lakhs during each of the
last 3 years (Audited Balance Sheet for the last 3 Financial Years, i.e.
2016-17, 2017-18 and 2018-19 to be furnished.
Earnest Money
Deposit (EMD)
The EMD amounting to Rs.2,00,000/- (Rupees Two lakh only) must
be deposited by each bidder. EMD may be must be deposited by demand draft / pay order scheduled commercial bank in favour of
‘IDBI Bank Limited’, payable at Mumbai may be submitted along
with technical bid – it may be noted that the EMD shall not carry
any interest and that EMDs of the unsuccessful bidders would be
refunded within 90 working days (normal practice) after selection
of the bidder for carrying out the proposed assignment. The EMD
of the successful bidder would be converted into Security Deposit
and shall not carry any interest and would be refunded after
satisfactory completion of the job or such extended period as may
be decided by IDBI Bank Ltd. at its own discretion. Tenders not
accompanied with EMD’s receipt and those received after due date
as specified above will not be considered.
Printing locations
The location should be invariably in Mumbai / Navi Mumbai / Thane
(Distance of Vendor establishment locations from Navi Mumbai CPU
should not exceed 60 kms)
Printer
requirements
Web offset printing, four colour printing, sheet fed printing in four
colour and binding (centre pinned and perfect binding). Vendor with
less than 4 colour offset printing are not eligible for empanelment /
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apply under this tender.
VDP printing facility on normal letters / envelopes as well as in Inland
letter format.
Language Support Vendor should have facility of typesetting in English, Hindi and
preferably other regional languages. The Vendors must have “Akruti
XP” of Cyberspace Multimedia Ltd. to facilitate typesetting / printing
of Hindi version provided by Bank.
Designing / Mail
Merging capacities
The Vendor should have excellent designing capabilities using
computer software and good photographic / graphic resources for
producing high quality design concepts, colour schemes, layouts for
superior quality production.
The Vendor should have excellent software management team required
for VDP activity / mail merging of database in addition to excellent
designing capabilities using computer software and good photographic /
graphic resources for producing high quality design concepts, colour
schemes, layouts for superior quality production.
Clientele List Vendor should have provided in past (and preferably must also be
providing at present), the similar printing services to Banks, Financial
Institutions, Insurance Companies, Corporate etc.
The clientele list for offset printing should include at least 5 clients,
out of which minimum one client should be a bank.
The clientele list for VDP should include at least 3 clients, out of
which minimum one client should be a bank.
Volume of Business The volume of business should be of at least Rs.20 lakhs per year from
offset printing in last 2 years with good track record.
The volume of business should be of at least Rs.10 lakhs per year
from VDP in last 2 years with good track record.
Minimum two experience certificates (One must be from any bank)
from Banks, Financial Institutions, Insurance Companies, Corporate
etc. should be enclosed with tender applications.
Previously
terminated/debarred
from IDBI Bank,
refused to continue
contract, refused to
The Vendor who was awarded printing contract in the past by IDBI
Bank Ltd., but the contract was terminated during its service period due
to unsatisfactory performance or the Vendor not accepting printing
order at approved rates, will not be considered / empanelled.
A Vendor who was awarded the contract earlier but refused to
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sign the agreement
as given by the Bank
continue the contract/refused to sign the agreement as given by the
Bank will also be not eligible for this service contract.
Enlisted in negative
list by any PSB,
Govt. organization
The Vendor should not have been put in negative list by any public
sector bank / Govt. organization, for breach of applicable Laws or
violation of regulatory prescriptions or breach of agreement.
Litigation Self certification on litigations against the service provider.
Solvency Certificate Certificate of Financial Soundness from Bankers. The certificate should
clearly specify the word solvent along with net worth of business.
Binding Facilities The Vendor should have in-house facilities for “perfect binding” of the
consignment wherever required. Perfect binding shall mean binding
which, at the sole discretion of the Bank, meets the quality standards /
requirements set and communicated by IDBI Bank to the Vendor from
time to time.
Self Certification should be enclosed for above.
Storage of printed
materials
The Vendor will be required to print and store the materials at their
premises solely at their own cost and risk. The Vendor will be required
to dispatch the printed materials at the addresses provided by the Bank
in accordance with the orders that will be released by the Bank. The
Balance of printed material will be held in Vendor’s custody at
Vendor’s own cost and responsibility.
Dispatches The Vendor will be required to print and keep ready the entire quantity
for which the Bank places an order with the Vendor. However, the
Bank may require the Vendor to dispatch the printed material in smaller
lots, at same or different locations at same or different time, as may be
instructed by the Bank from time to time. Bills will be settled on the
basis of dispatches made and the same being received by the branches /
addresses specified by the Bank and not on the basis of quantity
printed. Further, no advance will be paid to the Vendors.
Infrastructure The Vendor should be carrying on the printing activity in its self owned
premises / in the premises granted on lease for considerably long
period. In case of leased premises, the lease period shall cover the
period of the contract granted to the Vendor for carrying out the
printing services contemplated herein.
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The Vendor should have internet connection, telephone, cell phone,
fax, e-mail IDs and any other latest modern communication facility
along with adequate data storage capacity.
We have read the above mentioned criteria and accept the same unconditionally.
Signature of the authorized person : ______________________________
Name of the signatory (in block capital letters) : _____________________
Seal of the Printer : _____________________ Date : __________________
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Annexure IV
Terms and Conditions of the Contract
1. The Successful Vendor should have establishment invariably in Mumbai / Navi
Mumbai / Thane (Distance of bidder establishments/locations from CPU, Navi Mumbai
should not exceed 60 kms)..
2. The tenure of empanelment will be for 3 years. IDBI Bank reserves the right to extend,
reduce and cancel the tenure of empanelment as per the performance of Vendor. IDBI
Bank also reserves the right to empanel more Successful Vendor and remove any / all
Vendor from empanelment in the intervening period. IDBI Bank will also have the
right to change the basic eligibility criteria at any time and also re-evaluate existing
empanelled Vendor.
3. The Successful Vendor should have internet connection, telephone, cell phone, e-mail
ids and any other latest modern communication facility along with adequate data
storage capacity.
4. The Successful Vendor will be required to print and store the material at their premises
and at their cost. Vendor will be required to dispatch to Bank Branches as per orders
that will be released by the Bank. The Balance of printed material will be held in
Vendor’s custody at Vendor’s cost and responsibility.
5. The Successful Vendor would be empanelled on a non-exclusive basis and the Bank
may empanel more than one Vendor for providing similar kind of printing services to
the Bank. Further, the Bank, at its sole discretion, may at any time without assigning
any reason remove the name of the empanelled Vendor from its panel.
6. Empanelment does not confer any right to claim work from the Bank. The Bank
reserves the right to call or to seek quotation rates from any / some or all of the
empanelled Vendors for any activity.
7. Empanelment of Vendors in the Bank’s panel of approved Vendors does not amount to
employment of the Vendor or any of its personnel or confer any right for an
employment in Bank and the Bank shall be free assign to printing work to any other
Vendor as per its choice.
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8. Empanelment on the Bank’s panel does not entitle to any benefits from the Bank except
the prices will be paid by the Bank to the Vendors in accordance with the printing order
that Bank may place with the Vendor.
9. Empanelment does not confer the right to use Bank's name or symbol or logo without
the written permission of the Bank or in accordance with the orders that may be placed
by the Bank with Vendor.
10. IDBI Bank shall seek rate quotations from the empanelled Vendors for various items
sought to be printed by IDBI Bank. Such rate should be inclusive of all cost except
GST. Any additional amount as tax, duty or cost will not be admissible and shall be
borne by the Vendors.
11. IDBI Bank shall seek rate quotations from the empanelled Vendors for various
stationeries to be printed. The volume of such stationeries to be printed will be based on
as and when the need arise. The Vendors should not refrain themselves from submitting
their quotes stating reason as low volume or any other reason that may affect the
tendering process. Submission of quotation and participation in the tender process is
expected by the empanelled Vendors.
12. The Successful Vendor shall confirm in the price quotation that the quoted cost is the
composite cost inclusive of all costs including, but not limited to designing, printing,
packing and delivery, storage facilities, etc. Further, the Successful Vendor shall not
claim any amount over and above the price quoted by it whatsoever including any
amount on account of taxes (except GST).
13. IDBI Bank reserves the right to reject any / all quotation(s) for any / all items received
from the Vendors and to resort to Reverse Auction. IDBI Bank may at its sole discretion
decide to not to invite any Vendor for such Reverse Auction. Decision of the Bank
shall be final, conclusive and binding on the Vendors.
14. Vendors invited for Reverse Auction will be apprised and trained on the Reverse
Auction process free of cost, by IDBI Bank before the actual bidding process. The
exact date and time of the Reverse Auction will be intimated to the short-listed Vendors.
No travel / conveyance expenses for training or for participating in Reverse Auction
will be paid / reimbursed by IDBI Bank
15. Dispatches to the stationery department at CPU will be at Vendor’s cost and the Bank
will not reimburse any charges for such dispatches. The Vendor need to bear the
charges for loading unloading for the dispatches made to stationery department, CPU.
24
In respect of dispatches other than stationery department CPU, the courier agents
appointed by the Bank will pick-up the consignment from Vendor’
s premises. The Bank will settle the bills of couriers directly and Vendors shall submit
relevant documents copies / consignment details along with the bill.
16. IDBI Bank reserves the right to offer the same activity to more than one Vendor at a
time or as it deem fit.
17. IDBI Bank does not bind itself to accept the lowest or any tender and reserves the right
to reject all or any quotations or cancel the Tender without assigning any reason
whatsoever. IDBI Bank also reserves the right to re-issue the Tender without the
Vendors having the right to object to the re-issue.
18. IDBI Bank may allot the work to more than one Vendor on L-1 / negotiated rates and
in such case the total quantum of work shall be divided amongst the Vendors as per
requirement of IDBI Bank. In case more than one required Vendor opts for working on
L-1 / negotiated rates, the required number of Vendors shall be selected on the basis of
selection criteria decided by IDBI Bank and in such case decision of IDBI bank shall be
final and binding on the Vendors.
In the event of a tie between / among the bidders, the bidder with higher average
annual sales turnover in the last 3 years based on audited balance sheet shall
qualify as L1.
19. In case, successful Vendor(s) does / do not perform as per requirement, IDBI bank
reserves the right to offer the same work to any other Vendor or call for complete new
quotations from the empanelled Vendors.
20. The Vendor shall be responsible for inferior quality / bad printing / not matching
specification given to them at the time of calling quotation and shall be liable to
compensate IDBI Bank for the losses incurred as may be decided by the IDBI Bank Ltd.
Compensation, if any, may be recovered from the bills / security Deposit of the Vendor.
21. In case of non-acceptability of the printing material due to bad printing / inferior quality
printing not matching specification given to the Vendors at the time of calling
quotation, the Vendor shall be liable to repeat the work to the satisfaction of the IDBI
Bank, without any extra cost / payment / compensation, etc. Any decision taken by the
Bank as regards to the acceptability of the printing material supplied to the Bank shall
be final, conclusive and binding on the Vendor.
25
22. IDBI Bank shall issue offer letters to the selected empanelled Vendor(s). The said
selected Vendor(s) shall be required to accept the offer letter within 7 days from the
date of its issuance. Failure to accept the offer within this period will result in
cancellation of the order. Upon acceptance of the offer letter, the successful Vendor(s)
shall be required to enter into an agreement with the Bank within 10 days of the
acceptance of the offer letter.
23. No escalation in rates on any account will be permitted during the contract period. No
increase in cost will be considered for any reason unless there is a major change in
number of pages / specifications. Any such decision will need to be taken mutually.
24. All admissible taxes and levies shall be deducted at source as per the applicable laws at
the time of settlement of bills, unless the vendor produces the certificates to the contrary
from the Income Tax authorities.
25. Conditional tenders, which stipulate conditions, contrary to the conditions given in the
tender document, will be summarily rejected.
26. Vendors shall be required to pack the printed articles in appropriate packaging / BOX
packing suitable for delivery through courier / post and place address labels of
destination appropriately. In case of poster printing and packaging, printing and tube
packaging prices have to be mentioned separately at the time of submission of quotes.
No additional payment will be made for packaging. Insurance charges if any, for
transporting printed items ordered by the Bank shall be borne by the Vendor. It shall be
the sole responsibility of the Vendor till the printed articles are delivered to IDBI Bank
in proper and good condition. IDBI Bank shall not be liable for any damages caused to
the materials ordered for supply in case of any accident or other incidents whatsoever.
27. In case of poster printing and packaging, printing and tube packaging prices have to be
mentioned separately at the time of submission of quotes. Insurance charges if any, for
transporting printed items ordered by the Bank shall be borne by the Vendor. It shall be
the sole responsibility of the Vendor till the printed articles are delivered to IDBI Bank
in proper and good condition. IDBI Bank shall not be liable for any damages caused to
the materials ordered for supply in case of any accident or other incidents whatsoever.
28. In case of delivery address is located other than the places situated in stationery
department CPU Navi Mumbai, the Bank’s appointed courier agents will pick the
consignments up from Vendor’s premises. The Bank will settle the bills of couriers
directly and Vendor shall give relevant document copies along with the bill.
26
29. The Vendor shall arrange to collect Art work / CDs from office of IDBI Bank Ltd. (time
to be decided by IDBI Bank Ltd.) at their own expenses. Vendor should be required to
maintain storage device (CD, Pen drive, external hard disk, etc.) in order to collect the
data required to be printed.
30. The Bank follows the practice of printing the required quantity in one lot but dispatches
to the branches in small quantity. Bills should be raised based on dispatches made to
the branches and not on the basis of quantity printed. Consolidated bills should be raised
for all deliveries in a month and will be settled subsequently. One time job orders must
be executed within the period, as specified, while placing the order. No advance will be
paid.
31. In the event of any default or failure in printing / timely delivery or maintaining quality,
IDBI Bank reserves the right to take any necessary action including, inter alia,
deducting any amount as a penalty from the amounts due to the Vendor and also the
Bank may terminate the contract with such Vendor without giving any notice.
The Bank reserves the right to accept/reject any tender or to annul the bidding process
at any time prior to award of the contract, without assigning any reason thereof or
without incurring any liability to the affected bidder (s) or any obligation to inform the
affected bidder(s) of the grounds of Bank’s action. The Bank shall also have the right to
restrict the list of bidders to any number as deemed suitable. Bank also has the right to
reject all the applications and to go in for re-advertisement without assigning any
reason thereof. Any decision in this regard by Bank shall be final, conclusive and
binding on the Bidder.
32. The Bank reserves the right to terminate the contract any time during the tenor of the
contract period without assigning any reason thereof. In case of deficiency of services,
IDBI Bank reserves the right to terminate the contract with 15 days notice period.
33. IDBI BANK shall have the liberty to depute at any time on any working day during the
service provider’s working hours, its officials, representatives from regulators and/or
consultants to inspect and audit the printing facility, IDBI BANK's information and
Records in the service provider’s possession.
34. No advance will be paid for carrying out any type of job / activity.
35. IDBI Bank reserves the right to benchmark the rates to be offered for any items to be
printed. IDBI Bank also reserves the right to resort to reverse auction to finalize the
27
rates to be fixed for any of the item respectively and for future items. Decision of IDBI
Bank in this regard would be final.
36. Payments shall be made by electronic mode only. It is advisable that the selected
Vendor may open an account with IDBI Bank and same should be mentioned on the
invoices. Otherwise, the Vendor may provide the required details of their other Bank
account to IDBI Bank for electronic mode (NEFT/RTGS) payments.
37. The Vendor shall inform the Bank by e-mail and other mode as decide by the Bank
about the dispatch of the printed material within a period of 24 hours from its dispatch
in the format as decided by the Bank from time to time..
38. IDBI Bank reserves the right to demand more information / documents / clarification
subsequent to opening of tender documents. Vendor(s) who fail to furnish the same in
stipulated time-frame may not be considered / debarred at the sole discretion of Bank.
39. All information provided by the Bank to the Vendor or its staff or agents should be
treated as confidential and they should not use, divulge or disclose such information to
any other person or party other than as permitted or required for the performance of
service.
40. The Vendor shall not misuse the logo, letter head and other stationery provided or
printed in the name of the Bank. The Vendor shall destroy all excess stationery /
letterhead on termination of this contract. Vendor shall also furnish a certificate to that
effect.
41. Printing of any of the stationeries may be started after approval of sample. Vendor shall
provide samples on email as well as physical samples to Bank Officials.
42. Sub-contracting the jobs assigned will not be permissible. In case it has to be sub-
contracted prior written permission of IDBI Bank must be taken.
43. The Vendor shall be responsible for recruitment and managing requisite manpower for
undertaking the jobs given to them. IDBI Bank will not be responsible / liable for any
issues / litigation in this regard.
44. Any legal disputes will be subject to Mumbai jurisdiction only.
45. In the event of the last date for the receipt of bids is declared a public holiday for IDBI
Bank, the bids will be received up to the specified time on the succeeding working day.
46. 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
28
of the conduct or outcome of the bidding process including cancellation or
abandonment of the bidding process.
47. The written offer of contract issued to the successful Vendor shall have to be accepted
by the Vendor in writing within 7 (seven) (normal practice) days from the date of issue
of the offer. Failure to accept the offer within this period will result in forfeiture of the
EMD and cancellation of the award.
48. In the event of any default like non-compliance of terms of service or delay in
providing the service or failure in printing or maintaining quality, the Bank reserves the
right to take any necessary action including, inter alia, deducting 5% as a penalty from
the amounts due (invoice amount) to the Vendor/s and also the Bank may terminate the
contract with such Vendor/s without giving any notice.
Any such recovery of penalty shall not in any way relieve the Bidder from any of its
obligations to complete the works / Services or from any other obligations and
liabilities under the Contract.
49. Successful Vendors / providers would be required to execute the legal documents i.e.
Contract Form / Service Level Agreement, Indemnity etc., with the Bank at Mumbai
only.
50. Integrity Pact –
IDBI Bank has implemented Integrity Pact (IP) and has appointed Independent External
Monitors (IEMs) for the IP in consultation with Central Vigilance Commission to avoid
all forms of corruption by following a system that is fair, transparent and free from any
influence / prejudice dealings prior to, during and subsequent to the currency of the
Contract to be entered into for the purpose of this RFP. The Bidder is required to
submit duly executed pre-contract Integrity Pact in line with Annexure as a pre-
requisite condition while submitting the bid.
51. Terms of delivery –
IDBI Bank Ltd. may request for staggered delivery. The items are to be delivered as per
specific delivery instructions from time to time. Bank will not reimburse any delivery /
conveyance charges, loading / unloading charges over and above the rates quoted by
the Vendor.
The rates quoted by the bidders shall be self-supportive and shall have no bearing on
the price and quantities of the other items to be ordered by the Bank. In case the
delivery is not made within the stipulated period and quality of the items does not meet
29
our standards, IDBI Bank Ltd. shall have the right to cancel / reject entire / part order /
delivery.
52. Each page of the tender document shall be signed & stamped by a person / persons
authorized by the bidder / bidder entity.
53. The Vendor shall open and maintain an account with any branch of IDBI Bank Ltd. in
Mumbai/Navi Mumbai during the period of the contract.
54. This Tender document is not an agreement and is neither an offer nor an invitation to
offer by IDBI Bank. This Tender is to invite proposals from applicants who are
qualified to submit the bids (“Bidders”). The purpose of this Tender is to provide the
Bidder(s) with information and to assist them in formulation of their proposals (Bids).
IDBI Bank makes no representation or warranty and shall incur no liability whatsoever
under any law, statute, rules or regulations as to the accuracy, reliability or
completeness of this Tender.
We have read the above terms and conditions and accept the same
unconditionally.
Signature of the authorized person : ______________________________
Name of the signatory (in block capital letters) : _____________________
Seal of the Vendor : ___________________________________________
Date : _______________
30
EMPANELMENT AGREEMENT /SERVICE LEVEL AGREEMENT
THIS AGREEMENT made and entered at Navi Mumbai on this........ day of .................
2020.
BETWEEN
IDBI Bank Limited, a company registered under the Companies Act, 1956 and a banking
company within the meaning of Section 5(C) of the Banking Regulation Act 1949, with
Corporate Identity No. L65190MH2004GOI148838 and having its Registered Office at IDBI
Tower, World Trade Center Complex, Cuffe Parade, Mumbai-400005 and its Central
Processing Unit (CPU) Department at 3rd Floor, Annex Building, Plot No.39/40/41, Sector 11,
CBD Belapur, Navi Mumbai – 400 0614 (hereinafter referred to as "IDBI Bank”, which
expression shall, unless repugnant to context and meaning hereof, mean and include its
successors and assigns) ON THE ONE PART ;
AND
…….. a proprietorship / partnership firm / company registered under the Indian
Companies Act 1956 and having its Registered Office at
………………………………….(hereinafter referred to as “Service Provider”, which
expression shall unless repugnant to the context or meaning hereof shall deem to include its
successors and assigns) on the OTHER PART;
IDBI Bank and Service Provider are hereinafter collectively referred to as “the Parties” and
individually as “the Party”, as the context may require.
WHEREAS:
1. IDBI Bank is in the business of banking and desires to outsource its various printing
jobs including Variable Data Printing and offset printing,-(hereinafter referred to “Services”)
for the said purpose, IDBI Bank vide, its Tender Notice No.IDBI/CPU/TN/2020/35 dated
February 14, 2020 had invited tenders from eligible Vendors / service providers to include
their names on IDBI Bank’s panel of service providers for providing Services.
2. The Service Provider is in the business of providing Services, amongst other activities,
and pursuant to the Tender Notice, the Service Provider had submitted its tender for including
its name on the IDBI Bank’s panel of service providers. The Service Provider emerged as one
31
of the successful bidder for empanelment as one of the service providers for providing Services
to IDBI Bank.
3. The Service Provider agrees to perform the Services for any Order that is placed with it,
in the manner as prescribed herein or that may be prescribed from time to time.
4. IDBI Bank and the Service Provider agree that the following terms shall apply to any
Order placed by IDBI Bank with the Service Provider. In the said premises, the Parties hereby
enter into this Agreement to provide the Service(s), on the terms and conditions appearing
hereinafter.
1. DEFINITIONS
In this Agreement, the following terms shall have the following meanings and shall be
interpreted accordingly:
“Agreement” means this agreement, all documents attached hereto, Tender Notice and
any Order placed by IDBI Bank (along with the terms and conditions of such Order), as
amended from time to time.
“Applicable laws” means, with respect to any Person all laws, statues, treaties, rules,
regulations, determinations, orders, notification, writs, processes, decrees, injunctions,
judgments, or awards of an arbitrator, a court or any other governmental authority and all
governmental authorisations binding upon or applicable to such Person or to any of its
properties or asset.
"Confidential Information" means, (i) intellectual property information and
information relating to Intellectual Property Rights; (ii) technical or business information or
material not covered in (i); (iii) proprietary or internal information related to the current, future
and proposed products or Service(s) of the Parties including, financial information, process /
flow charts, business models, designs, drawings, data information related to products and
Service(s), procurement requirements, purchasing, customers, investors, employees, business
and contractual relationships, business forecasts, business plans and strategies, information the
Parties provide regarding third parties; (iv) information disclosed pursuant to this Agreement
and (v) all such other information which by its nature or the circumstances of its disclosure is
confidential.
“Good Industry Practice” means the exercise of degree of skill, diligence and prudence
which is expected from a highly skilled experienced and internationally recognised and reputed
32
service provider engaged in the same type of undertaking engaged in similar activity under
similar circumstances and acting generally in accordance with the prevailing laws, rules,
regulations codes and industry standards.
“Order” means a statement of work, purchase order or an offer letter for availing
Services as specified in the said Order which is issued by IDBI Bank and is accepted by the
Service Provider within a period of 7 days from the date of its issuance. A statement of work,
purchase order or an offer letter so issued by IDBI Bank shall expire 7 days after its issuance,
unless extended by IDBI Bank in writing.
“Person” means any natural person, firm, corporation, company voluntary association
(incorporated or otherwise), partnership, joint venture, trust, limited organisation, unlimited
organisations or any other entity.
2. INTERPRETATION
i. The Tender Notice together with all Annexure as 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. The Agreement supersedes any prior contract,
understanding or representation of the Parties on the subject matter.
ii. Time is of the essence in the performance of the Parties respective obligations, if any
time period specified herein is extended, such extended time shall also be of the
essence.
iii. Unless the context requires, word importing the singular shall include the plural and
vice versa.
iv. Reference to any Applicable Law includes a reference to such Applicable Law as
amended or re-enacted from time to time and any rule or regulation promulgated there
under.
v. Where a word or phrase is given a particular meaning it includes the appropriate
grammatical forms of that word or phrase which have corresponding meanings
vi. In case of any ambiguity / difference / conflict in the terms and condition of this
Agreement, Tender Notice and/or instructions given by IDBI Bank, the interpretation
/ decision of IDBI Bank as regards such ambiguity /difference / conflict shall be final
and binding upon Service Provider.
33
3. OBLIGATION OF IDBI Bank :
a) IDBI Bank shall furnish to Service Provider the data / specifications for performance
of the Services on CDs / Pen drive / external hard disks or through email format or in
such other format as IDBI Bank may decide. Service Provider should be required to
maintain storage device (CD, Pen drive, external hard disk etc.) in order to collect the
data required to be printed.
b) IDBI Bank shall also provide the logo, design layout, etc. of the letters to be printed
before the commencement of printing.
c) IDBI Bank shall provide the information about the branches to the Service Provider in
advance. IDBI Bank as and when required shall send email communications for
updating the information. Service provider shall be required to update the information
on their end within the stipulated time.
d) In case, if the Service Provider requires any clarifications, then the same shall be
communicated to IDBI Bank in writing and obtain the required clarifications from
IDBI Bank before commencement of the Services.
e) IDBI Bank reserves the right to receive quotes / place the order to any of the other
empanelled Service Providers and the Service Provider herein is not entitled, as a
matter of right, to compel IDBI Bank for submission of quote / placing the order. The
decision of IDBI Bank in this regard is final and binding on the Service Provider.
4. SCOPE AND STANDARD OF SERVICES OF SERVICE PROVIDER
a) Service Provider will complete the Services in a manner and fashion as per terms and
conditions contained herein, in Tender Notice and the instructions given to them by
IDBI Bank from time to time.
b) Service Provider shall upon receipt of the printing data / specifications from IDBI
Bank, perform the Services in the manner specified at the time of placing the Order
and complete the same within a period specified by the IDBI Bank.
c) Service Provider shall provide to IDBI Bank the samples, on email as well as physical
samples, before printing the Order and obtain the written / e-mail concurrence of IDBI
Bank.
d) Service Provider should provide CD / DVD to IDBI Bank in PDF format for all
stationeries printed by it under any Order, with same serial and reference number as is
printed on physical format.
34
e) IDBI Bank shall not be liable to accept any printed material which does not meet the
specifications prescribed by it. Further, IDBI Bank shall not incur any liability / costs
for such unaccepted printed materials.
f) The Service Provider shall ensure that the requisite numbers of stationeries required
under any Order are kept as base stock with him/her/it at his/her/its premise / godown
for a period of at least six weeks projected requirement (as will be intimated by IDBI
Bank).
g) The Service Provider will ensure that there are no discrepancies in the process of
printing and the printed stationery meets the specifications as received from IDBI Bank
and Service Provider shall also maintain the highest level of consistency and diligence
in the discharge of its duties and obligations under this Agreement.
h) The Service Provider shall ensure that the equipment to be used for performance of the
Services are maintained in good working condition.
i) The Service Provider shall ensure that in the course of usage, all errors related to print
work shall be rectified immediately at the cost of the Service Provider, so as to
facilitate minimal interruption of the printing process and performance of Services.
j) The Service Provider shall ensure that for the purpose of providing cost effective
services to IDBI Bank, it shall maintain the best quality standards, which will be
evaluated and approved by IDBI Bank from time to time.
k) The Service Provider will perform the Services in a manner as set out herein and the
Tender Notice and the instructions issued by IDBI Bank from time to time.
l) The Service Provider shall maintain list of names and details of staff who are
attending the work at their office and it should be made available as and when
required by IDBI Bank.
m) The Service Provider undertakes to ensure that it renders its obligations under this
Agreement to the satisfaction of IDBI Bank.
n) The Service Provider shall render all services as may be necessary and incidental to
fulfil its obligations under this Agreement. Further, all services necessary and required
to satisfactorily fulfil its obligations under this Agreement, shall be deemed to be
included in the scope of Services.
o) The Service Provider shall be responsible for bad printing / inferior quality of printing
not matching specification made available to him/her/it. Any decision taken by the
IDBI Bank as regards the acceptability of the Order (printed stationary) shall be final,
35
conclusive and binding on the Service Provider. In case of non-acceptability of the
same, the service Provider shall be liable to repeat the work to the satisfaction of the
IDBI Bank, without any extra cost / payment / compensation, etc. to IDBI Bank and
shall further be liable to pay compensation to IDBI Bank at such rates as may be
decided by IDBI Bank.
p) In the event of any default or failure in performance of the Services by the Service
Provider (including but not limited to prompt delivery or maintaining quality), IDBI
Bank reserves the right to take any necessary action including deducting any amount as
a penalty from the amounts due to the Service Provider and also IDBI Bank may
terminate the Agreement without giving any prior notice.
q) The Service Provider will be required to print and store the material at his/her/its/their
premises and cost and will be required to dispatch to Bank Branches as per orders that
will be released by IDBI Bank. The Balance of printed material will be held in Service
Provider’s custody at Service Provider’s cost and responsibility.
r) Service Provider shall be required to pack the printed articles / stationeries in
appropriate packaging medium suitable for delivery through courier / post and place
address labels of destination appropriately. No additional payment will be done for
packaging. Insurance charges, if any, for transporting printed items ordered by IDBI
Bank shall be borne by the Service Provider. It shall be the sole responsibility of the
Service Provider till the printed articles are delivered to branches of IDBI Bank in
proper and good condition. IDBI Bank shall not be liable for any damages caused to
the materials ordered for supply in case of any accident or other incidents whatsoever.
s) In case of poster printing and packaging, printing and tube packaging prices have to be
mentioned separately at the time of submission of quotes. Insurance charges if any, for
transporting printed items ordered by the Bank shall be borne by the Vendor. It shall be
the sole responsibility of the Vendor till the printed articles are delivered to IDBI Bank
in proper and good condition. IDBI Bank shall not be liable for any damages caused to
the materials ordered for supply in case of any accident or other incidents whatsoever.
t) Service Provider shall take utmost care in providing services and shall ensure that that
printed material for the IDBI Bank shall not be misused, misplaced and/or handed over
to other entities intentionally or by mistake and Service Provider shall be responsible
for any such misuses in this regard.
36
u) The Service Provider should have internet connection / telephone / cell phone / fax / e-
mail IDs and any other latest modern communication facility along with adequate data
storage capacity.
5. CONSIDERATION
IDBI Bank shall seek rate quotations from the empanelled Vendors and service providers
before placing any Order. Such rate should be inclusive of all cost except GST. Any
additional amount as tax, duty or cost will not be admissible and shall be borne by the
Service Provider.
IDBI Bank reserves the right to benchmark the rates to be offered for any items to be
printed
The Service Provider shall confirm in the price quotation that the quoted cost is the
composite cost for the performance of Services inclusive of all costs including but not
limited to designing, printing, packing & delivery and storage facilities etc. Further, the
Service Provider shall not claim any amount over and above the price quoted by it
whatsoever including any amount on account of taxes (except GST).
A. As consideration for the Services, IDBI Bank shall pay to the Service Provider as
follows:
a. Price as agreed from time to time with respect to any Order. All such prices and
special conditions mutually agreed afterwards shall also become part of this
Agreement.
b. The Service Provider may open an account with the specified Branch of IDBI
Bank and all the payments to be made by IDBI Bank under this Agreement shall
ordinarily be routed through the said account. Otherwise, the Vendor may
provide the required details of their other Bank account to IDBI Bank for
electronic mode (NEFT/RTGS) payments.
c. The bill will be paid for all the items supplied as per the mutually acceptable
standards during a month.
B. In case IDBI Bank decides to make payment for Services (or other payment, if any)
through Pay Order / Cheque, such Pay Order / Cheque shall be drawn only in the name
of the Service Provider and not in any other name including that in the name of sister
concern/associate company.
37
C. Such payments shall be made by IDBI Bank to the Service Provider within 30 days of
the receipt of the bills from the Service Provider.
D. All payments shall be made subject to the deduction of taxes at source as per applicable
laws prevailing at the time of each payment unless the Service Provider produces the
certificates to the contrary from the Income Tax authorities.
E. IDBI Bank reserves rights to dispute/deduct payment/withhold payments/further
payment due to the Service Provider under this Agreement as penalty, if the Service
Provider has not performed or rendered the Services in accordance with the provisions
of this Agreement, if there are lapses on the part of the Service Provider in printing etc.
or if there is deficiency of Services on the part of the Service Provider. In the event
IDBI Bank disputes payment, IDBI Bank will inform the Service Provider in writing,
and the Parties will attempt to settle the payment dispute amicably. If the Parties agree
that the Services were not performed in accordance with this Agreement, then such
disputed payment, if any, shall – (i) if already paid by IDBI Bank to the Service
Provider be refunded by the Service Provider , and (ii) if payable or outstanding, shall
cease to be so payable or outstanding.
F. In respect of Order pertaining to Variable Data Printing, all payments will be done only
two months after satisfactory completion of the Services (or part thereof) and receipt of
confirmation and proper invoices from the Service Provider. Further, postage charges
will be paid directly to the concerned post office on actual basis or to the service
provider on actual basis after submission of Reimbursement Bill with Original Postal
Challans.
G. At the time of billing, the Service Provider would be required to provide a certificate
that the Services or part thereof has been performed in accordance with terms and
conditions governing such Services.
H. No increase in agreed prices will be considered for any reason unless there is a major
change in number of pages / specifications. Any such decision will need to be taken
mutually and prior written concurrence from IDBI Bank has to be taken by the Service
Provider.
6. REVIEW OF OPERATION OF THE SERVICE PROVIDER BY IDBI BANK
a) IDBI Bank shall be entitled to depute one of its employees with the requisite authority
(“IDBI Bank employee”) to review the operations of the Service Provider from time to
38
time with a view to ensure that the Services are performed by the Service Provider in
accordance with the terms and conditions governing such Services..
b) The Service Provider shall cooperate with the IDBI Bank employee for any assistance
he/ she may require for the inspection and review. However, this does not dilute the
responsibility of the Service Provider to comply with all the provisions of this
Agreement/Tender Notice/ instructions issued by IDBI Bank from time to time.
7. REPRESENTATIONS AND WARRANTIES
The Service Provider represents and warrants that :
a) The Service Provider is a proprietorship / partnership firm / company registered under
the Indian Companies Act, 1956 duly organized and validly existing under the laws of
India and the Service Provider 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 Service Provider has the requisite experience, licences, permissions, approvals,
expertise, qualified manpower and other requisite resources to provide the Services
and hereby represents and warrants that the Services provided hereunder shall at all
times strictly conform to the requirements of this Agreement as set out herein; Service
Provider warrants that the Services provided hereunder shall confirm to the
requirements of this Agreement.
c) The execution, delivery or performance by the Service Provider, of the Agreement shall
not contravene constitutional documents of the Service Provider.
d) The Service Provider has full power and authority to enter into this Agreement and to
take action and execute any documents required by the terms hereof and this
Agreement is enforceable in accordance with the terms hereof and the person(s)
executing this Agreement on behalf of the Service Provider is/are duly empowered and
authorized to execute this Agreement and perform all its obligations in accordance
with the terms herein.
e) The Service Provider warrants that there are no legal proceedings instituted or
threatened against the Service Provider before any court or administrative body or
arbitral tribunal which might adversely affect the ability of the Service Provider to
perform its obligations under this Agreement.
39
f) Each of the representations is true and correct in all material respect as of the date of
signing and that none of them omits to state any matter which makes any of such
representations misleading in any material respect.
g) The Service Provider acknowledges that it has made the representations with the
intention of persuading IDBI Bank to enter into Agreement and that IDBI Bank has
entered into the Agreement on the basis of, and in full reliance on, each of such
representations.
8. OBLIGATIONS OF THE SERVICE PROVIDER
The Service Provider shall –
a. render the Services in a lawful manner.
b. perform and observe all rules and regulations as may be applicable from time to time,
while providing Services to IDBI Bank under this Agreement.
c. not to do or cause to be done anything which is prejudicial to the interest of the IDBI
Bank or whereby the business or reputation of IDBI Bank may be injured or damaged
or harmed.
d. maintain in full force and effect all applicable licenses, permits, registration and
permissions as may be required for the purpose of rendering the Services under this
Agreement and for matters incidental thereto.
e. engage requisite number of staff at its sole responsibility for rendering of the Services
in an efficient and timely manner and to supervise the work of staff while rendering
the Services. All employees/personnel, executives engaged by the Service Provider
shall be in sole employment of the Service Provider and the Service Provider 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
(including but not limited to any compensation on account of any
injury/death/termination) of any nature to the employees and personnel of the Service
Provider.
f. be solely responsible and liable for payment of salaries, wages, bonuses, payroll taxes
or accruals in respect of the staff engaged for delivering the Services under this
Agreement.
g. meet IDBI Bank’s personnel to discuss and review its performance and progress of the
Services under this Agreement as may be stipulated by IDBI Bank.
40
h. to compensate IDBI Bank for any loss and / or damage caused to IDBI Bank as a
consequence of misconduct or negligence, forgery, fraud committed in person or in
collusion with the third party by all or any of Service Provider’s staff.
9. BANK’s COVENANTS
a) Data / specifications required for (printing of) any Order will be given in the
prescribed format and any errors / misprints arising out of such erroneous in file data
would be chargeable to IDBI Bank to the extent of the value (as may be agreed
between the parties) of stationery printed and delivered, however the Service Provider
shall do a double check and take all precautions before processing the data.
b) The scope of the work would initially be for the IDBI Bank branches on all India basis
as may be advised by IDBI Bank from time to time.
10. TERM AND TERMINATION
a) This Agreement shall commence on ……. ……… 2020 and shall continue and be in
force till …….. …… 2023. This Agreement can be extended with IDBI Bank
discretion, unless terminated earlier as per the clause below.
b) IDBI Bank shall be entitled to terminate this Agreement without assigning any reason
by giving 15 days notice in writing to the Service Provider for which no damages shall
be payable by IDBI BANK to the Service Provider.
The termination of this Agreement shall not affect the rights, remedies and obligations
of the Parties accruing prior to such termination.
The Service Provider shall upon termination of this Agreement forthwith hand over to
IDBI Bank all records / documents and any other property belonging to IDBI Bank
including any information given to the Service Provider pursuant to this Agreement.
The Service Provider, if so required by IDBI Bank, shall destroy all stationeries /
letterhead or any other articles on termination of this Agreement. Service Provider shall
furnish a certificate to this effect.
11. INTELLECTUAL PROPERTY RIGHTS
As a part of this Agreement, the Service Provider shall respect IDBI Bank’s intellectual
property rights including without limitation, patent, copyright, trade / service mark(s), trade
names(s), trade secret(s) and logos.
41
a) Execution of this Agreement does not confer the right to use IDBI Bank's name or
symbol or logo without the written permission of the Bank or in accordance with the
Orders that may be placed by the IDBI Bank
b) The Service Provider agrees not to use or cause to be used the trade name, service
mark or trademark or logo or symbol, device, brand, heading, label, name, word, letter,
combination of colours or any combination thereof, or any other intellectual property
right owned by IDBI Bank , in any communication to a third party or otherwise
without explicit prior written permission from the IDBI Bank and further that the
Service Provider shall not claim any rights, title or interest in the same or any part of it.
c) The Service Provider hereby indemnifies and agrees to indemnify IDBI Bank in the
event of any misuse of trade name, service mark or trademark or logo or symbol,
device, brand, heading, label, name, word, letter, combination of colours or any
combination thereof, owned by IDBI Bank by the Service Provider or its staff.
d) The provisions of this clause shall survive the termination of this Agreement.
12. INDEMNIFICATION
The Service Provider agrees to indemnify, protect and save harmless IDBI Bank, its officers,
directors, agents and employees to the fullest extent, permitted by law, from and against any
and all actions, suits, claims, proceedings, costs damages and expenses or any loss of any kind
whatsoever in case of any misappropriation, negligence, omission, deficiency of services, non-
observance and non-performance of the terms and conditions of this Agreement or fraud on
the part of the Service Provider or its staff or agents who are handling these instruments. The
Service Provider shall bear all loss, in case of misappropriation, misuse or damage or fire
incident to the documents or any other security instruments which are in possession of the
Service Provider or its personnel or within the control of the Service Provider or its personnel
until such time they are handed over to IDBI Bank under proper acknowledgement.
In the event of IDBI Bank incurring any loss as stated above, IDBI Bank reserves a right to
withhold payments / further payments due to the Service Provider and adjust the same towards
the loss incurred by it and inform the same to the Service Provider. This provision shall
survive the termination of this Agreement.
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13. NON-EXCLUSIVITY
The arrangement contemplated in this Agreement is non-exclusive in character and either
Party is at the liberty to enter into similar contracts and arrangements with third parties in
respect of the transactions contemplated herein.
14. CONFIDENTIALITY
The Service Provider hereby agrees that all information provided pursuant to this Agreement
by IDBI Bank to the Service Provider is strictly confidential (including but not limited to the
data/specifications made available to the Service Provider or any information contained
therein or contents of stationery required to be printed) and proprietary to IDBI Bank and the
Service Provider or its staff, agents shall not use, divulge or disclose such information to any
other person or a third party other than as permitted by IDBI Bank in writing. The Service
Provider further agrees that such information shall not to be used for any purpose other than as
may be absolutely necessary for the due performance of the Service Provider’s obligations
under this Agreement and information to its employees, agents etc. shall strictly be disclosed
on need to know basis.
This clause shall survive the termination of this Agreement.
15. COMPLIANCE WITH LAW
The Service Provider shall comply with all Applicable Laws while undertaking the duties and
obligations as set out under this Agreement.
16. NON-ASSIGNMENT
The Service Provider shall not assign or sub contract any of its duties or obligations under this
Agreement to any other person or party without the prior written consent of IDBI Bank.
17. WAIVER
The failure of IDBI Bank at any time during the currency of this Agreement, to require
performance of any provision of this Agreement by the Service Provider shall in no way affect
the full right of IDBI Bank to require such performance at any time thereafter. The waiver by
IDBI Bank of a breach of any provision of this Agreement by the Service Provider 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.
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18. SEVERABILITY
If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, in
whole or in part, under any enactment or rule of law, such provision or part shall to that extent
be deemed not to form part of this Agreement, but the legality and enforceability of the
remainder of this Agreement shall not be affected.
19. ARBITRATION
a) In the event of any dispute or difference of opinion between the Parties arising out of or
in connection with this Agreement or with regard to performance of any obligations by
either Party, the Parties hereto shall use their best efforts to settle such disputes or
differences of opinion amicably by mutual negotiation. However, if the same still
remains unresolved, then such dispute or difference in respect of this Agreement or the
subject matter thereof, shall be referred to a single Arbitrator acceptable to both the
parties for the decision. In case the Parties fail to agree upon a single arbitrator, then
each party shall appoint one arbitrator and the appointed arbitrators shall appoint a third
arbitrator and the dispute or difference in respect of this Agreement or the subject
matter thereof, shall be referred to the three arbitrators so appointed.
The arbitration proceedings shall be in accordance with the provisions of the Arbitration
Act, 1996 and any statutory modification/amendment made thereof. The award of the
arbitrator(s) shall be conclusive, final and binding and the place of arbitration shall be
Mumbai City . The arbitration proceedings shall be conducted in English. The cost of
the arbitration shall be borne by respective Parties including fees and expenses of the
arbitrators, unless the award otherwise provides.
b) Any Legal Dispute shall be subject to Mumbai city jurisdiction.
20. NON-PERFORMANCE OR DEFAULT :
IDBI Bank may terminate this Agreement, forthwith, upon written notice to the Service
Provider under the following circumstances:
a) If in the opinion of the IDBI Bank, the performance of the Services by the Service
Provider is not acceptable.
b) If there is a breach on the part of the Service Provider with respect to terms and
conditions of this Agreement, or
44
c) If a petition of bankruptcy is filed by or against the service provider and such petition
is not vacated within ninety (90) days, or if the Service Provider makes an arrangement
for the benefit of its creditors, goes into liquidation or receivership, or ceases to do
business in a normal and customary manner.
d) If in the opinion of the IDBI Bank, the Service Provider and/or its employees fail to
keep confidential information pertaining to IDBI Bank in this regard.
e) Negligence on the part of the Service Provider in rendering the Services.
f) If in opinion of the IDBI Bank the Service Provider is not able to meet the service
standards as contemplated under this Agreement.
g) In the event the Services provided herein is/are in contravention of Applicable Laws or
in the event the Service Provider performs acts or omission that would under the
circumstances amount to objectionable service.
h) If any of the representations or warranties provided by Service Provider are found to be
false or incorrect
i) When IDBI Bank has the information from any source or otherwise for blacklisting by
peer banks/apex agencies/regulators.
j) If in the opinion of the IDBI Bank, the interests of IDBI Bank are jeopardized in any
manner whatsoever.
k) Other Remedies Cumulative : The provisions of this section shall not preclude the IDBI
Bank from recourse to any other remedies available to it under any statute or otherwise,
at law or in equity.
21. INSPECTION :
IDBI Bank shall have the liberty to depute at any time on any working day during the Service
Provider’s working hours upon giving reasonable notice, its officials, representatives and/or
consultants to inspect and audit IDBI Bank's information and records in the Service Provider’s
possession pursuant to this Agreement.
22. INDEPENDENT SERVICE PROVIDER :
a) This Agreement is on a principal to principal basis and does not create any employer-
employee relationship.
b) The Service Provider shall provide the Services hereunder as an independent service
provider and nothing contained herein shall be deemed to create any association,
45
partnership, joint venture or relationship of principal and agent or master and servant, or
employer and employee between the IDBI Bank and the Service Provider.
c) The service provider’s personnel, employees, agents, etc., have no authority / right to
bind IDBI Bank in any manner. It is also clarified that the personnel employed by the
Service Provider will be governed by the terms of the Service Provider's employment
and the Service Provider alone shall be responsible and liable for the payment of salary,
payment of minimum wages, payment of bonus and statutory remittances. IDBI Bank
shall have no liability or obligation, whatsoever towards the employees or officers or
any person working at the instance or on behalf of Service Provider for the payment of
salaries, remuneration or any perquisites, etc.
23. Integrity Pact
IDBI Bank has implemented Integrity Pact (IP) and has appointed Independent External
Monitors (IEMs) for the IP in consultation with Central Vigilance Commission to avoid
all forms of corruption by following a system that is fair, transparent and free from any
influence / prejudice dealings prior to, during and subsequent to the currency of the
contract to be entered into for the purpose of printing jobs. The Bidder is required to
submit duly executed pre-contract Integrity Pact as a pre-requisite condition while
submitting the bid.
24. MISCELLANEOUS
a) Execution of this Agreement shall not entitle the Service Provider for any Order from
IDBI Bank.
b) This Agreement and the Annexure to it (together with Tender Notice and Order) shall
constitute the entire agreement and understanding between the Parties with respect to all
matters, which are referred to and shall supersede any previous agreement(s) between
the Parties in relation to the matters referred to herein.
c) No variations to this Agreement shall be effective unless they are reduced in writing
and duly signed by both the Parties and duly authorized representatives of both the
Parties.
d) All notices required to be given or served by IDBI Bank on the Service Provider shall
be deemed to have been given or served if the same shall have been delivered to, left at
or sent by Registered Post / Speed post / Courier by IDBI Bank at the address
mentioned herein above. In case of change of address of the Service Provider, the
Service Provider shall forthwith notify IDBI Bank of the same. Nothing stated
46
aforesaid shall affect any communication given using Internet or other electronic
medium as otherwise provided in this Agreement for the purpose of rendering the
Services.
e) This Agreement shall be governed by Laws of India.
IN WITNESS WHEREOF of the parties hereto have set their respective hands the day and year
first hereinabove written.
SIGNED AND DELIVERED on behalf of IDBI Bank by
Deputy General Manager
In the presence of :
(Witness)
SIGNED AND DELIVERED on behalf of ….
by its
Authorized Signatory viz.
(Name): (Designation):
In the presence of :
(Witness)
47
DEED OF INDEMNITY-CUM-UNDERTAKING
This Deed of Indemnity executed at ………….. on the ______ day of _______ by
________________________________________ (hereinafter referred to as “the Obligor”
which expression shall unless it be repugnant to the context, subject or meaning thereof, shall
be deemed to mean and include successors and permitted assigns);
IN FAVOUR OF
IDBI BANK LIMITED, a company registered and incorporated under the Companies Act,
1956 (1 of 1956) 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
having its registered office at IDBI Tower, WTC Complex, Cuffe Parade, Colaba, Mumbai –
400 005 (hereinafter referred to as “IDBI Bank ” which expression shall, unless it be
repugnant to the subject or context or meaning thereof, be deemed to mean and include its
successors and assigns)
WHEREAS IDBI Bank vide its RFP ref. IDBI/CPU/TN/2020/35 dated February 14, 2020 had
invited Bids for empanelment of eligible, competent and capable Service providers in the panel
of IDBI Bank for providing offset and variable data printing jobs (Services) pursuant to tender
notices IDBI/CPU/TN/2020/35 (dated February 14, 2020) and the Obligor empanelled, in
terms of the Agreement dated ------------------------- read with said RFP, entered with IDBI
Bank and Obligor for providing the Services.
WHEREAS, one of the conditions of the aforesaid Agreement is that the Obligor is required to
furnish an indemnity in favour of IDBI Bank indemnifying the latter against any loss, damages
that occurs to IDBI Bank due to non-compliance of terms of Agreement and also any claims
arising out of any violations of the applicable laws, regulations, guidelines during the execution
and rendering/delivery of Services to IDBI Bank and/or due to breach of terms and conditions
of the Contract by the Obligor and/or on account of misconduct, omission or negligence or
otherwise by the Obligor.
In pursuance thereof, the Obligor has agreed to furnish an indemnity in the form and manner
and to the satisfaction of IDBI Bank as hereinafter appearing;
48
NOW THIS DEED WITNESSETH AS UNDER : -
The words and expressions not specifically defined shall have the same meanings as are
respectively assigned to them in the RFP/the Contract.
In consideration of IDBI Bank having agreed to award the Contract to the Obligor, the Obligor
hereby unconditionally, absolutely and irrevocably agree and undertake that: -
(1) the Obligor shall, at all times hereinafter, save and keep harmless and indemnified IDBI
Bank, including its respective directors, officers, employees, agents and representatives and
keep them indemnified from and against any claim, costs, charges, damages, demand, losses,
liabilities or expenses of any nature and kind whatsoever and by whomsoever made in respect
of the Agreement and any loss or damage caused from and against all suits and other actions
that may be instituted taken or preferred against IDBI Bank by whomsoever and all losses,
damages, costs, charges and expenses that IDBI Bank may incur by reason of any claim made
by any claimant for any reason whatsoever or by anybody claiming under them or otherwise
for any losses, damages or claims arising out of all kinds of accidents , destruction, natural
calamities, deliberate or otherwise with respect to the contractual terms, direct or indirect, from
those arising out of violation of applicable laws including those relating to intellectual property
rights, rules, regulations, guidelines and also from the environmental damages, if any, which
may occur or result from the terms of the Agreement.
(2) The Obligor further agrees and undertakes that the Obligor shall, ensure that all the
permissions, authorisations, consents and licenses are obtained and renewed from the local
and/or municipal and/or governmental authorities, as may be required under the applicable
laws, rules, regulations, guidelines, orders framed or issued by any appropriate authorities.
(3) The Obligor hereby indemnifies and keeps indemnified IDBI Bank including its respective
directors, officers, employees, agents and representatives against any levies / penalties / claims
/ demands litigations, suits, actions, judgments, and or otherwise on account of any default and
or breach and or otherwise in this regard.
(4) If any additional approval, consent or permission is required by the Obligor to execute and
perform the Contract during the currency of the Contract, it shall procure the same and/or
comply with the conditions stipulated by the concerned authorities without any delay.
49
(5) The obligations of the Obligor herein are irrevocable, absolute and unconditional, in each
case irrespective of the value, genuineness, validity, regularity or enforceability of the
aforesaid Contract or other agreement, or the insolvency, bankruptcy, reorganization,
dissolution, liquidation or change in ownership of IDBI Bank or Obligor or any other
circumstance whatsoever which might otherwise constitute a discharge or defence of an
indemnifier.
(6) The obligations of the Obligor under this deed shall not be affected by any act, omission,
matter or thing which, would reduce, release or prejudice the Obligor from any of the
indemnified obligations under this indemnity or prejudice or diminish the indemnified
obligations in whole or in part, including in law, equity or contract (whether or not known to it
or to IDBI Bank).
(7) This indemnity shall survive the Contract.
(8) Any notice, request or other communication to be given or made under this indemnity
shall be in writing addressed to either party at the address stated in the Contract and/or as stated
above.
(9) This indemnity and other non-contractual obligations arising out of this indemnity, shall
be governed by, and construed in accordance with, the laws of India. The Obligor irrevocably
and unconditionally agrees that any legal action, suit or proceedings arising out of or relating to
this indemnity may be brought in the Courts/Tribunals at Mumbai. Final judgment against the
Obligor in any such action, suit or proceeding shall be conclusive and may be enforced in any
other jurisdiction, by suit on the judgment, a certified copy of which shall be conclusive
evidence of the judgment, or in any other manner provided by law. By the execution of this
indemnity, the Obligor irrevocably submits to the exclusive jurisdiction of such Court/Tribunal
in any such action, suit or proceeding.
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(10) IDBI Bank may assign or transfer all or any part of its interest herein to any other person.
Obligor shall not assign or transfer any of its rights or obligations under this indemnity, except
with the prior written consent of IDBI Bank.
IN WITNESS WHEREOF the Obligor has signed these presents on the day, month and year
first above written.
Signed and Delivered on behalf of )
___________________ )
by the hand of ___________________,)
_________, the authorised official )
of the Obligor
Witness
1.
2.
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Annexure V
Checklist for various documents / certificates to be submitted
Documents should be submitted strictly in the following order.
Any additional documents to be submitted at the end only
SR No. Particulars Yes / No
1 Application for Tender (Annexure II)
2 Prequalification Criteria - (Annexure III) - Offset and Variable
Data Printing.
3 Terms and Conditions of the Contract- (Annexure IV)
4 Empanelment Form (Annexure VI)
5 Authority letter for signing Tender document
6 Proof of Establishment for Mumbai / Navi Mumbai and Thane
printing facility
7 Necessary proofs for the Vendor being in business of printing for
the period mentioned in qualification criteria.
8 Certificates either from Banks, Financial Institutions, Insurance
Companies, Corporate etc. should be enclosed with tender
applications.
Necessary required certificates for different types of printings.
9 Volume of business handled as per the desired printing activity
Offset Printing
VDP Printing
10 Address and Locations of print shops in various cities
11 List of Vendors and Machinery available at various locations /
Print shops
52
PRE CONTRACT INTEGRITY PACT
This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made
on ____________ day of the month of ___________ 2020, 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
CPU Department (Administration Section) / Office at Annex Building, 3rd
floor, Plot
No.39/40/41, Sector 11, CBD Belapur, Navi Mumbai – 400 614., (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___________________________, Authorised Signatory / POA Holder / 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 (_____________________) 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
53
order to secure the contract by providing assurance to them that their competitors
will also abstain from bribing.
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
54
commission, fees brokerage or inducement to any official of the PRINCIPAL, connected
directly or indirectly with the bidding process, or to any person, organization or third party
related to the contract in exchange for any advantage in the bidding, evaluation, contracting
and implementation of the contract.
3.2 The BIDDER further undertakes that it has not given, offered or promised to give,
directly or indirectly any bribe, gift, consideration, reward, favour, any material or
immaterial benefit or other advantage, commission, fees, brokerage or inducement (not
available legally) to any official of the PRINCIPAL or otherwise in procuring the Contract
or forbearing to door 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 for bearing 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.
3.7 The BIDDER will not accept any advantage in exchange for any corrupt practice;
55
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 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.
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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 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 /
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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
middle manor 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 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.
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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, the Names and
Addresses of the Monitors is given as under :
Sr.No. Name of IEM Contact
Number
E-mail Address
1 Shri S. Srinivasan, IAS
(Retd.)
9483536100 [email protected]
2 Shri Ajai Kumar, ex-
CMD, Corporation Bank
9619272893 [email protected]
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.
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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
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.
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.
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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/Contracters, 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 turn out to be invalid; the remainder of
this Pact shall remain valid. In this case, the parties will strive to come to an agreement to
their original intentions.
13. The parties hereby sign this Integrity Pact at _______________ on___________.
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) ____________________________