1, टोल्सटोय मागा, तनाट प्लेस, नई ददल्ली – 110001 Small Industries Development Bank of India

इंडिया गेट लॉन में "स्वावलंबन भारत बाजार" के डिजाइन, ववकास और ननष्पादन के ललए इवेंट मैनेजमेंट एजेंसी की ननयुक्तत के संबंध में लसिबी पात्र बोलीकतााओं से मुहरबंद ननववदाएँ के ललए आमंत्रण।

Request for Proposal (RfP) for appointment of event management agency for design development & execution of “Swavalamban Bharat Bazaar” at India Gate Lawns.

ननववदा सं. : T002194176 ददनांक मार्ा 13, 2020 Tender No.: T002194176 dated March 13, 2020

भारतीय लघु उद्योग ववकास बकैं संवर्द्ान एवं ववकास उद्-भाग

ततीय तल, आत्मा xxx xxxx

1, टोल्सटोय मागा, तनाट प्लेस, नई ददल्ली – 110001 Small Industries Development Bank of India

Promotion & Development (P&D) Vertical,

3rd Floor, Atma Ram House,

0 Xxxxxxx Xxxx, Xxxxxxxxx Xxxxx, Xxx Xxxxx - 000000

वेबसाइट / Website: xxx.xxxxx.xx

दस्तावेज़ की कीमत /Price of the document: Rs.1,000/- plus GST @ 18%

यह दस्तावेज़ भारतीय लघु उद्योग ववकास बक (SIDBI) की संपक्त्त है। यह लसिबी की ललखित अनुमनत

के बबना ककसी भी माध्यम, इलेतरॉननक या अन्यथा, पुनर्प्स्तुत, ववतररत या अलभललखित नहीं ककया जा

सकता है। इस दस्तावेज़ में उक्ल्लखित सामग्री के उपयोग, यहाँ तक कक ननददाष्ट उद्देश्य के अनतररतत, ककसी भी अन्य उद्देश्य के ललए अधधकृ त कलमयों / एजेंलसयों के ललए भी कडाई से ननविर्द् है, तयोंकक इसे कॉपीराइट

का उल्लंघन समझा जाएगा और इस र्प्कार यह भारतीय कानून के अंतगत दिनं ीय होगा।

This document is the property of Small Industries Development Bank of India (SIDBI). It may not be copied, distributed or recorded on any medium, electronic or otherwise, without SIDBI’s written permission. Use of contents given in this document, even by the authorised personnel/agencies for any other purpose other than the purpose specified herein, is strictly prohibited as it shall amount to copyright violation and thus shall be punishable under the Indian law.

बोली हेतु आमंत्रण / INVITATION TO BID

1 र्प्स्तावना एवं आवश्यकताएँ / INTRODUCTION AND REQUIREMENT:

भारतीय लघु उद्योग ववकास बक अधिनियम, 1989 के माध्यम से स्थावित निगम भारतीय लघु उद्योग

ववकास बक (ससडबी) एमएसएमई क्षेत्र के संवर्द्धि, ववत्तिोषण और ववकास के सलए प्रमुख ववत्तीय संस्थाि

के रूि में कायध करता है और यह इस प्रकार की गनतववधियों में संलग्ि संस्थाओं के कायों में समन्वय भी करता है। ससडबी की भूसमका और इसके प्रकायध इसकी वेबसाइट xxx.xxxxx.xx में ववनिर्दधष्ट हैं।

Small Industries Development Bank of India [SIDBI], a corporation established by the Small Industries Development Bank of India Act, 1989, acts as the principal Financial Institution for promotion, financing and development of the MSME sector and also to coordinate with institutions engaged in similar activities. The role and function of SIDBI are given in its website “xxx.xxxxx.xx”.

बक नियम और शतों के िैरा 6 (कायध का दायरा) के अिुसार इंडडया गेट लॉि में "स्वावलंबि भारत बाजार"

के डडजाइि ववकास और निष्िादि के सलए प्रनतष्ष्ित इवेंट मैिेजमेंट एजेंससयों से आवेदि आमंत्रत्रत करता है।

The Bank invites applications from reputed event management agencies for design development & execution of “Swavalamban Bharat Bazaar” at India Gate Lawns as per para 6 (Scope of Work) of Terms and Conditions.

आिसे अिुरोि है कक आि अििी बोली संलग्ि अिुलग्िकों और प्ररूिों में उष्ललखखत अिुसूची तथा नियमों और शतों के समिुरूि ववधिवत रूि से प्रस्तुत करें।

You are requested to submit your bids strictly conforming to the schedule and terms and conditions given in Annexures and formats attached.

2. महत्वपूणा सूर्ना / CRITICAL INFORMATION:

X.Xx. क्र.सं.	कायक्रम / Events	वववरण/ Particular / ददनांक और समय/ Date & Time
1	उद्देश्य / Purpose	इंडडया गेट लॉि में "स्वावलंबि भारत बाजार" के डडजाइि, ववकास और निष्िादि के सलए इवेंट मैिेजमेंट एजेंसी की नियुष्तत के संबंि में ससडबी िात्र बोलीकताधओं से मुहरबंद निववदाएँ के सलए आमंत्रण। Request for Proposal (RfP) for appointment of event management agency for design development & execution of “Swavalamban Bharat Bazaar” at India Gate Lawns, New Delhi
2	बयािा रासश / EMD / Bid Security	कु छ िहीं/Nil
3	आवेदि शुलक / Application Fee / bid price / tender fee	सभी आवेदिों के साथ रु.1,000/- (रूिए एक हजार मात्र) + लागू कर @18% की गैर वािसी योग्य आवेदि शुलक देिा होगा। All the application must be accompanied by a Non-refundable application fee of Rs. 1,000/- (Rupees One Thousand only) + applicable GST 18%
4	बोली-िूवध बैिक के सलए स्िष्टीकरण की मांग की अंनतम नतधथ / Last date for seeking clarifications for pre-bid meeting	17 माचध, 2020 को प्रातः 1100 बजे तक / March 16, 2020 by 1100 Hrs
5	बोली-िूवध बैिक / Pre Bid meeting	18 माचध, 2020 को अिराह्ि 1500 बजे / March 16, 2020 at 1500 Hrs
6	Last date for submission of bids/ बोली जमा करिे की अंनतम नतधथ	02 अप्रैल, 2020 को सायं 3.00 बजे / April 03, 2020 at 3.00PM
7	Address for Bid Submission / pre-bid / बोली जमा करिे का िता	उि महाप्रबन्िक, संवर्द्धि एवं ववकास उद्-भाग भारतीय लघु उद्योग ववकास बकैं , ततृ ीय मंष्जल, आत्मा xxx xxxx, 1, टोलसटोय मागध, तिाट प्लेस, िई र्दलली – 110001 Deputy General Manager (P&D Vertical) Small Industries Development Bank of India Promotion & Development Vertical

				3rd Floor, Atma Ram House, 0 Xxxxxxx Xxxx, Xxxxxxxxx Xxxxx, Xxx Xxxxx - 000000
8	न्यूितम िात्रता बोली खोलिे की नतधथ व समय / Date & Time of Opening of Minimum Eligibility bid			02 अप्रैल, 2020 को सायं 17.00 बजे / April 02, 2020 at 1700 Hrs
9	वाखणष्ययक बोली खोलिे की नतधथ व समय / Date and time of opening of commercial bids			बाद में सूधचत ककया जायेगा / To be intimated at a later date
10	बोली के वैद्यता / Bid Validity			बोली जमा करिे की अंनतम नतधथ से 180 र्दि तक| 180 days from the last date of bid submission.
11	बोलीदाताओं द्वारा की जािे वाली प्रस्तुनतयाँ / Presentations to be made by bidders			बोलीदाताओं को प्रस्तुनत देिे का प्रबंि करिा होगा। ष्जसकी नतधथ बोली प्रस्तुत करिे के बाद सधू चत की जाएगी। The bidders are required to arrange for presentation. Date would be intimated after bid submission.
12	लसिबी अधधकाररयों के संपका वववरण / Contact details of SIDBI officials
		श्री ऋवषके श कु मार Shri Xxxxxxxxx Xxxxx	xxxx xxx कु मार Xxxx Xxx Xxxxx	श्री असभजीत दास Shri Xxxxxxx Xxx
		011-23448414 / xxxxxxxxxx@xxxxx.xx	011-23448403 / xxxxxxxx@xxxxx.xx	011-23448352 / xxxxxxx@xxxxx.xx
13	स्वतंत्र बाहरी निगरािीकताध (आईईएम) कें द्रीय सतकध ता आयोग द्वारा नियुतत / Independent External Monitor (IEM) appointed by the CVC			xxxx xxxx xx xxx xxxxxx, (आईएएस, सेवानिवत्ृ त) 13 ययानत, सेतट.58ए, िेरुल (िष्श्चम), िाम बीच रोड, िवी मबुं ई – 400706, मोबाइल: 9821844044 / xxxxxx00@xxxxx.xxx Shri. Xxxxx Xxxxx, (IAS retd.), 13 Yayati, Sect-58A, Nerul (West), Palm Beach Road, Navi Mumbai – 400706, Mobile: 0000000000, xxxxxx00@xxxxx.xxx
14	ससडबी की वेबसाइट / Website of SIDBI			xxx.xxxxx.xx

Note:

1. SIDBI reserves the right to change dates without assigning any reasons thereof. Intimation of the same shall be notified on the SIDBI's website

2. This bid document is not transferable. If a holiday is declared on the dates mentioned above, the bids shall be received / opened on the next working day at

the same time specified above and at the same venue unless communicated otherwise.

Definitions:

1 SIDBI / Bank shall mean "Small Industries Development Bank of India".

2 RFP shall mean “Request for Proposal Document"

3 Recipient/ Respondent and Bidder/ Contractor / Vendor(s)/ Service Provider shall mean Respondent to the RFP Document".

4 Tender Document shall also mean Bid Document

5 Tender shall mean Pre-qualification, Technical and Financial / Commercial Bid

3 Instruction to Bidders

3.1 Information Provided

The RFP document contains statements derived from information that is believed to be true and reliable at the date obtained but does not purport to provide all of the information that may be necessary or desirable to enable an intending contracting party to determine whether or not to enter into a contract or arrangement with Bank in relation to the provision of services. Neither Bank nor any of its directors, officers, employees, agents, representative, contractors, or advisers gives any representation or warranty (whether oral or written), express or implied as to the accuracy, updating or completeness of any writings, information or statement given or made in this RFP document. Neither Bank nor any of its directors, officers, employees, agents, representative, contractors, or advisers has carried out or will carry out an independent audit or verification or investigation or due diligence exercise in relation to the contents of any part of the RFP document.

3.2 DISCLAIMER:

Subject to any law to the contrary, and to the maximum extent permitted by law, Bank and its directors, officers, employees, contractors, representatives, agents, and advisers disclaim all liability from any loss, claim, expense (including, without limitation, any legal fees, costs, charges, demands, actions, liabilities, expenses or disbursements incurred therein or incidental thereto) or damage, (whether foreseeable or not) (“Losses”) suffered by any person acting on or refraining from acting because of any presumptions or information (whether oral or written and whether express or implied), including forecasts, statements, estimates, or projections contained in this RFP document or conduct ancillary to it whether or not the losses arise in connection with any ignorance, negligence, inattention, casualness, disregard, omission, default, lack of care, immature information, falsification or misrepresentation on the part of Bank or any of its directors, officers, employees, contractors, representatives, agents, or advisers.

3.3 Costs to be borne by Respondents

All costs and expenses incurred by Respondents in any way associated with the development, preparation, and submission of responses, including but not limited to the attendance at meetings, discussions, demonstrations, presentations etc. and providing any additional information required by SIDBI, will be borne entirely and exclusively by the Recipient/ Respondent. Stamp duty that may be incurred towards entering into agreement with the successful bidder for awarding the contract has to be borne by the bidder.

3.4 No Legal Relationship

No binding legal relationship will exist between any of the Recipients / Respondents and SIDBI until execution of a contractual agreement.

3.5 Recipient Obligation to Inform Itself

The Recipient must apply its own care and conduct its own investigation and analysis regarding any information contained in the RfP document and the meaning and impact of that information.

3.6 Evaluation of Offers

The issuance of RFP document is merely an invitation to offer and must not be construed as any agreement or contract or arrangement nor would it be construed as any investigation or review carried out by a Recipient. The Recipient unconditionally acknowledges by submitting its response to this RFP document that it has not relied on any idea, information, statement, representation, or warranty given in this RFP document.

3.7 Acceptance of Selection Process

Each Recipient / Respondent having responded to this RfP acknowledges to have read, understood and accepts the selection & evaluation process mentioned in this RfP document. The Recipient / Respondent ceases to have any option to object against any of these processes at any stage subsequent to submission of its responses to this RfP.

3.8 Errors and Omissions

Each Recipient should notify SIDBI of any error, fault, omission, or discrepancy found in this RFP document but not later than twelve business days prior to the due date for lodgement of Response to RFP.

3.9 Acceptance of Terms

Recipient will, by responding to SIDBI for RfP, be deemed to have accepted the terms as stated in this RFP.

3.10 Requests for Proposal

3.10.1 Recipients are required to direct all communications (including pre-bid queries) related to this RfP, through the Nominated Point of Contact persons on E-mail.

3.10.2 SIDBI may, in its absolute discretion, seek additional information or material from any Respondents after the RfP closes and all

such information and material provided will be taken to form part of that Respondent’s response.

3.10.3 Respondents should provide details of their contact person, telephone, fax, email and full address(s) to ensure that replies to RfP could be conveyed promptly.

3.10.4 If SIDBI, in its absolute discretion, deems that the originator of the question will gain an advantage by a response to a question, then SIDBI reserves the right to communicate such response to all Respondents.

3.11 Notification

SIDBI will notify all short-listed Respondents in writing or by email as soon as possible about the outcome of their RfP. SIDBI is not obliged to provide any reasons for any such acceptance or rejection.

4 Information to Bidders

4.1 BID PRICE:

4.1.1 Non-refundable Bid Price of Rs.1,000/- (Rupee One Thousand only plus applicable taxes/GST @18%) by way of Banker’s Cheque/ Demand Draft/ Pay Order drawn on a scheduled bank, favouring ‘Small Industries Development Bank of India’, payable at Delhi, must be submitted along with RfP response.

4.1.2 The Bank may, at its discretion, reject any Bidder where the bid price / tender fee / application fee has not been furnished with the RfP response.

4.1.3 Request for exemption from bid price / tender fee will not be entertained. However, Micro and Small Enterprises (MSEs) registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises (MSMEs) would be entitled for exemption from furnishing bid price / tender fee.

4.2 EARNEST MONEY DEPOSIT / BID SECURITY: -- Nil

.

4.3 Public Procurement Policy for MSEs:

4.3.1 SIDBI is governed by provisions of the Public Procurement Policy for Micro and Small Enterprises (MSEs) as circulated by The Ministry of Micro, Small and Medium Enterprises (MSME), GoI. These provisions shall be applicable to Micro and Small Enterprises (MSEs) registered with District Industries Centers or

Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises (MSMEs).

4.3.2 Such MSEs would be entitled for exemption from furnishing bid price / tender fee and earnest money deposit (EMD) / Bid Security. In case of any issue on the subject matter, the MSEs may approach the tender inviting authority to resolve their grievances. Agencies/ Bidders desirous of availing exemptions/ preference under above provisions should submit a copy of proof of Registration as MSEs along with the tender/RFP.

4.3.3 Bidder is required to inform its MSME status as per following definition, if applicable.

Enterprise Category	Manufacturing (Original Investment in P&M)	Services (Original Investment in Equipment)
Micro	Up to Rs.25 lakh	Up to Rs.10 lakh
Small	Up to Rs.500 lakh	Up to Rs.200 lakh
Medium	Up to Rs.1000 lakh	Up to Rs.500 lakh

4.4 PRE BID MEETING:

4.4.1 The Bank shall hold a pre-bid meeting on the date and time mentioned in ‘Critical Information’ section. Purpose of the meeting is to bring utmost clarity on the scope of work and terms of the RfP being floated. The Bidders are expected to use the platform to have all their queries answered. No query will be entertained after the pre- bid meeting.

4.4.2 It would be the responsibility of the Bidders to be present at the venue of the meeting.

4.4.3 Clarification sought by bidder should be made in writing (Letter/E- mail etc) and submitted on or before the date as indicated in the ‘Critical Information’ section. Bank has discretion to consider any other queries raised by the bidder’s representative during the pre-bid meeting.

4.4.4 The text of the clarifications asked (without identifying the source of enquiry) and the response given by the Bank, together with amendment to the bidding document, if any, will be posted on the Bank (xxx.xxxxx.xx) website and Central Public Procurement Portal (CPPP) [xxx.xxxxxxxx.xxx.xx] after the pre-bid meeting. It would be responsibility of the bidder to check the websites before final submission of bids.

4.4.5 If SIDBI, in its absolute discretion, deems that the originator of the question will gain an advantage by a response to a question, then

SIDBI reserves the right to communicate such response to all Respondents.

4.5 Amendment to the bidding documents:

4.5.1 At any time prior to the date of submission of Bids, the Bank, for any reason, may modify the Bidding Document, by amendment.

4.5.2 The amendment will be posted on Bank’s website xxx.xxxxx.xx and CPPP (xxxxxxxx.xxx.xx) only.

4.5.3 All Bidders must ensure that such clarifications have been considered by them before submitting the bid. Bank will not have any responsibility in case some omission is done by any bidder.

4.5.4 In order to allow prospective Bidders reasonable time in which to take the amendment into account in preparing their Bids, the Bank, at its discretion, may extend the deadline for the submission of Bids.

4.6 Bid validity:

4.6.1 Prices and other terms offered by Xxxxxxx must be firm for an acceptance period of 180 days from last date for submission of bids as mentioned in ‘Critical information’ sheet.

4.6.2 In exceptional circumstances the Bank may solicit the Bidders consent to an extension of the period of validity. The request and response thereto shall be made in writing.

4.6.3 Bank, however, reserves the right to call for fresh quotes at any time during the period, if considered necessary.

4.7 Language of Bid:

The bid prepared by the Bidders as well as all correspondence and documents relating to the Bid exchanged by the Bidder and the Bank and supporting documents and printed literature shall be written in English.

4.8 Submission of Bids

4.8.1The bids must be received by the Bank at the specified address not later than date and time mentioned in ‘Critical Information’, given in the beginning of this document.

4.8.2In the event of the specified date for the submission of bids, being declared a holiday for the Bank, the bids will be received up to the appointed time on the next working day.

4.8.3The Bank may, at its discretion, extend the deadline for submission of Bids by amending the Bid Documents, in which case, all rights and obligations of the Bank and Bidders previously subject to the deadline will thereafter be subject to the deadline as extended.

4.9 Modification And / Or Withdrawal of Bids:

4.9.1 The Bidder may modify or withdraw its bid after the bid’s submission, provided that written notice of the modification including substitution or withdrawal of the bids is received by the Bank, prior to the deadline prescribed for submission of bids.

4.9.2 The Bid modification or withdrawal notice must be on bidder’s letterhead, signed and sealed. A withdrawal notice may also be sent by email and followed by a signed confirmation copy received by the Bank not later than the deadline for submission of bids.

4.9.3 No bid may be modified or withdrawn after the deadline for submission of bids.

4.9.4 Bank has the right to reject any or all bids received without assigning any reason whatsoever. Bank shall not be responsible for non-receipt / non-delivery of the bid documents due to any reason whatsoever.

4.10 Request for information:

4.10.1 Recipients are required to direct all communications for any clarification related to this RfP, to the nominated officials and must communicate the same in writing by the time mentioned in ‘Critical Information’ section before. No query / clarification would be entertained over phone.

4.10.2 All queries relating to the RfP, technical or otherwise, must be in writing only and may be sent via email. The Bank will try to reply, without any obligation in respect thereof, every reasonable query raised by the Recipients in the manner specified.

4.10.3 However, the Bank will not answer any communication reaching the bank later than the time stipulated for the purpose.

4.10.4 The Bank may in its absolute discretion seek, but under no obligation to seek, additional information or material from any Respondents after the RfP closes and all such information and material provided must be taken to form part of that Respondent’s response.

4.11 Disqualification

Any form of canvassing/ lobbying/ influence/ query regarding short listing, status etc. will result in a disqualification.

4.12 PRE-CONTRACT INTEGRITY PACT (IP)

IP is an agreement between the prospective vendors / bidders and the buyer committing the persons / officials of both the parties not to exercise any corrupt influence on any aspect of the contract.

The bidder has to submit signed Pre-Contract Integrity Pact (IP) as per the format at Annexure-XV on the letter head of the Company. However, the successful bidder has to submit the same in non-judicial stamp paper of requisite value (to be borne by the bidder) applicable at the place of its first execution after the issue of Letter of Intent for awarding of contract.

4.13 IMPORTANT

Bidders must take the following points into consideration during preparation and submission of bids.

4.13.1. Relevant documents must be submitted as proof wherever necessary. All the pages must be sealed and signed by the authorized signatory of the respondent.

4.13.2. Faxed copies of any submission are not acceptable and shall be liable to be rejected by the Bank.

4.13.3. Responses should be concise and to the point. Submission of irrelevant documents must be avoided.

4.13.4. If the bids do not contain all the information required or is incomplete, the proposal is liable to be rejected. However, SIDBI at its sole discretion, has right to call for clarification from any applicant, if required.

4.13.5. The RfP is floated on SIDBI website (xxx.xxxxx.xx) and Central Public Procurement Portal (CPPP) at xxx.xxxxxxxx.xxx.xx. SIDBI reserves the right to change the dates mentioned above. Changes and clarification, if any, related to RfP will be posted on SIDBI website and CPPP. Bidders must have close watch on SIDBI website and CPPP during the intervening period before submitting response to RfP.

4.13.6. Each bidder shall submit only one technical proposal and commercial quote in separate sealed envelopes.

4.14 Details of Bids to be submitted

4.14.1 Bidders are required to submit their responses in three envelopes, with contents of each as under:

Envelope No.	Bid Contents	No. of Copies	Label of Envelope
I	Minimum Eligibility Bid i. Bid Covering letter as per format prescribed in Annexure-I	Hardcopy – 1 and Soft copy in pen drive	“Minimum Eligibility – Appointment of event management agency for design development & execution of

Envelope No.	Bid Contents	No. of Copies	Label of Envelope
	ii. Response to Minimum Eligibility Bid as per format prescribed in Annexure-III iii. Declaration regarding clean track record, as per format prescribed in Annexure-IV. iv. DDs/Instruments towards bid price v. Bank Mandate Form as per format prescribed in Annexure – X. vi. Conformity of Hardcopies in Annexure - XIII vii. Power of Attorney as per format prescribed in Annexure - XIV viii. Pre-Contract Integrity Pact as per format Annexure – XV		“Swavalamban Bharat Bazaar” at India Gate Lawns - RfP No. T002194176 dated March 13, 2020”
II	Technical Bid i. Response to Technical Bid as per Application in Annexure-II ii. Letter of competence as per format prescribed in Annexure-V. iii. Letter of Conformity as per format prescribed in Annexure-VI iv. Non-disclosure Agreement as per Annexure-IX v. Statement of deviations as per Annexure-VII	Hardcopy – 1 and Soft copy in pen drive	“Technical Bid – Appointment of event management agency for design development & execution of “Swavalamban Bharat Bazaar” at India Gate Lawns – RfP No. T002194176 dated March 13, 2020”.
III	Commercial Bid i. Response to Commercial Bid as per format prescribed in Annexure-VIII.	Hardcopy only – 1	“Commercial Bid – Appointment of event management agency for design development & execution of “Swavalamban Bharat Bazaar” at India Gate Lawns - RfP No. T002194176 dated March 13, 2020”

4.14.2 The Bid shall be typed, all pages numbered and signed by Authorized signatory of the response.

4.14.3 Relevant documents must be submitted as proof wherever necessary. Technical specification sheets of all the items to be submitted.

4.14.4 The Bidder shall seal the bids in non-window envelopes, super- scribing the nature of bid (i.e. pre-qualification/minimum eligibility, Technical or Commercial). All the individual envelopes must be super- scribed with the following information as well (i) Nature of Bid, (ii) Name of the bidder, (iii) Contact Name, (iv) Contact Number and (v) e-mail id.

4.14.5 If the envelope(s) are not sealed and marked as indicated, the Bank will assume no responsibility for the Bid's misplacement or its premature opening.

4.14.6 The bidder to note that, under no circumstances the Commercial Bid should be kept in Technical Bid Covers. The placement of Commercial Bid in Pre-qualification / Technical Bid covers will make bid liable for rejection.

4.14.7 The RfP is hosted on SIDBI website xxx.xxxxx.xx and also on Central Public Procurement Portal (CPPP) at xxx.xxxxxxxx.xxx.xx SIDBI reserves the right to change the dates mentioned above. Changes and clarification, if any, related to RfP will be posted on Bank website and CPPP. Bidders must have close watch on the website and CPPP during the intervening period before submitting response to RfP.

5. BACKGROUND

• Small Industries Development Bank of India (SIDBI), set up on April 2, 1990 under an Act of Indian Parliament, acts as the Principal Financial Institution for the Promotion, Financing and Development of the Micro, Small and Medium Enterprise (MSME) sector and for Co-ordination of the functions of the institutions engaged in similar activities. Financial support to MSMEs is provided by way of (a) indirect finance / refinance to eligible Primary Lending Institutions (PLIs), such as, banks, State Financial Corporations (SFCs), etc. for onward lending to MSMEs and (b) direct assistance in the niche areas with thrust on MSEs.

• SIDBI has reoriented its focus on MSEs by adopting SIDBI Vision 2.0. It is a strategic initiative by SIDBI aimed at accelerating effort to serve MSME domain by transforming its current role to that of an All India Financial Institution that can create an integrated credit and development support ecosystem for Indian MSEs, thus promoting their inclusive growth.

• As part of its promotional and developmental role for the MSME sector, SIDBI now proposes to engage with State Governments in a focused manner on various themes, with the objective of facilitating development of the MSME ecosystem at all India level.

• SIDBI has started a major developmental initiative, viz., Swavalamban ‘Bechain Sapne Aab Udne ko Tayar Hain…’ It is a mission to encourage masses to select entrepreneurship as the preferred occupational choice through the right enablers.

• Swavalamban starts at the bottom of pyramid which mainly comprises unorganized business / livelihood activities (micro enterprises) offering maximum growth and job creation prospects alike. Micro enterprises development would have a ripple effect on opportunities of localized jobs and employment generation. Bank is paving path for this mission through various initiatives.

• In order to give boost to the zeal of entrepreneurship operating at bottom of pyramid including the artisans, rural skilled craftsman, women centric arts, traditional items, traditional foods items, etc. SIDBI propose to organize a “Swavalamban Bharat Bazaar” at India Gate Lawns during third week of April 2020. The participants in bazaar will be broadly divided into three categories viz., dying, emerging & innovative/ exotic start-ups. Apart from expanding the customer base for the participants, Bharat Bazaar shall enable visitors to enjoy and discover the traditional products and foods, which have become largely inaccessible in their day-to-day urban lives.

6. SCOPE OF WORK (SOW):

The event venue is having 2 nos. lawns. i.e., Mansingh Road and C Hexagon (North & South side), New Delhi. The proposed lawns for the event will be for five days. (The venue shall be available 2-3 days in advance for setting up and one day after the event for clean-up.) The area/s designated for various activities, arrangements and services is to be segregated into the lawns. i.e., South & North Lawn.

The intending tenderers/ bidders may kindly inspect the premises and obtain/ ascertain the dimensions/ layout etc. on their own.

Essentially the venue shall encompass 5 main activities – Artesian Pavilion, SIDBI pavilion including touch kiosk, LED Screen, etc, Pavilion (DFS/Associate/others 3- 5), Vehicle Parking, Food Court (15-20), Inauguration desk cum cultural and musical areas.

Specification of the stalls as per following:

Event date	22nd – 26 April 2020
Venue	India Gate Lawns (Tentative)
Duration of event	5 day
Timings	1100-2230 Hrs
No. of stalls:	Approximately 200 including food courts and other amenities.
Tent Ceiling	One bigger ceiling to be made for overall stall for dimming direct sunlight.
Nature & size of stall	10x10 ft with roof, one ceiling fan, lighting & carpet flooring.
Stall Area	To be arranged by SIDBI
Stall occupants	To be arranged by SIDBI
Type of stalls	Octonum wall & Pagoda
Deliverable:	1. SIDBI stall should contain the following: • Size: 20*10 Feet.

• Registration desk.

• Two touch kiosks for (Kaun Banega Entrepreneur).

• LED Panel of 8*8 Ft.

• Two LCD Panel for video content display.

• Wooden Flooring.

• Backdrop & side walls designs.

• Office area with sitting arrangements (5 chairs, one table).

• 2 round table with 8 chairs.

2. Proper sign boards for entry and exit points along with signages for stalls, parking areas, facilities, F&B, Manufacturing & services area, etc.

3. Branding & Promotions:

• Entrance & Exit Arches (20ft height x 30 ft width).

• Venue Branding.

• Signage/Direction board at parking area (10 nos).

• Social Media Promotions – 50,00,000 impressions (10 days on FB, Twitter, You tube, Instagram, TikTok).

• Radio Promotions in Radio Mirchi & Big FM (30 slots per day of 15 seconds each (RODP) for 10 days. (Exact date to be advised on later date)

• Dhandhebaaz Mascot

• Two outdoor LED Panels of size (20*10 ft).

• Mast Head to be common for all stall.

4. One Stall for Help Desk at entrance: Delhi Police, CCTV, Medical Room, Fire Control Room, Traffic police, Information Desk.

5. One VIP Zone of 20ft x 30ft, with sofa, chairs, center table, etc.

6. Each stall will have one backdrop, one table, two chairs, one power plug point & facia, booth lighting & carpet flooring. All branding/creatives/designs etc. of bazaar to be approved by SIDBI.

7. General lighting within & outside bazaar area.

8. Managing parking area.

9. VIP card invite print – 500.

10. Security Services: DFMD at every entry point (one male & female each), Baggage Scanner, Hand Held Scanner, Frisking booth, security manpower during the

event etc. arrangements by trained and uniformed, presentable security personnel on shift basis (Male/ Female).

11. One Stall (20ft x 10 ft) for registration desk, F & B coupons counter, common POS machine for all artisan’s stall counter, etc.

12. 20 nos. food stall court including kitchen area.

13. 3-4 selfie points.

14. 2-3 public holding area of approximately 1500 - 2000 sq ft for general public with ceiling fans & chair.

15. Security Arrangements:

• CCTV camera set up [Adequate number of camera setup with (Minimum 50 cameras), control panel at event control room]

• Fire Extinguishers (one per stall, ABC type), 5 nos., 4.5-5 Kg fire extinguisher (CO2 type) for open area.

16. Conservancy & House keeping

• Eight sets of container chemical toilet (WC) with mix option (four each for men & women). Each sets of toilets should have 4-5 toilets.

• Cleaning of stalls & Bazaar area.

• Cleaning of chemical toilets

• Clock room for artisans.

17. Agency to arrange stay arrangement of stall occupants. Generally, 2 persons per stall to be considered. 4-5 options with cost to be indicated separately during the execution. The cost for the same shall be payable separately.

18. Agency to arrange to reimburse travel tickets of the participants on actual basis for second class sleeper coaches/general tickets/bus ticket. The actual payment to made on submission of original bills.

19. Common inauguration desk cum cultural and musical areas having 200-300 seats with stage.

20. Others:

• Still & Video Photography (200 photos & 4 hrs video recording/day)

• One Short movie of 5-7 min to be developed.

• Central PA System/Console – One nos.

• Walkie talkie for SIDBI/Event Management agency – 10 nos. • Liasioning to get permissions with government departments, etc. • Requisite Permission/ NOC/ Clearance as per requirements – bills/fees payment if any shall be reimbursed on actual basis separately.

Others:

1. The agency should place requisite team for overall management of BAZAAR area. 2. All the creatives/designs to be approved by SIDBI. 3. No extra charges will be provided to the execution agency. 4. Quality of the stall to be maintained as per industry norms. 5. All the requisite approvals from various authorities will be the responsibility of event management agency. The fees/deposit etc if any shall be paid on actual production of receipt/bills. 6. Any clarification required for developing the “SWAVALAMBAN BHARAT BAZAAR” videos may be asked before/ during the pre-bid meeting, which would be clarified by SIDBI. 7. The agency to make a nodal point for the event and specify the number of support staff for the event who will be available at the ground. 8. SIDBI will not involve in any dispute between the service provider and employees of the service provider. 9. Notwithstanding anything contained herein, SIDBI reserves the right to terminate the services of the Contracting Agency/Service Provider at any time after giving a notice of three months. The letter communicating such termination of the contract shall be served on the contractor/xxxxxx xx xxxxxx or by e- mail or by registered post at the address mentioned in the contract or at the last known address

7. Minimum Eligibility Criteria for the Agency / Bidder / Service Provider

Xx.Xx	Financial and other Requirement to be met by the Bidder	Document required for verification (Any Proof)
1	The Bidder should be a registered Corporate/ Firm/ LLP/ Govt. Institution under Indian Laws or /and an autonomous Institution approved by GOI/ RBI promoted / any legal structure.	• Proprietorship firm: Xxxxx Xxxxxx number. • Partnership firm: Certified copy of Partnership Deed. • Limited Liability Company (LLP): Memorandum of LLP • Limited Company: Certified copy of Certificate of must have

		Incorporation / Certificate of Commencement of Business. • Reference of Act/ Notification
2	The agency must have a minimum average 15 Cr turnover in last 3 years from event management activities in last three years i.e. 2016-17, 2017- 18, 2018-19 (2019-20 may also be considered). Religious Functions/events shall not be considered.	Relevant certificate from Auditor should be submitted separately for both overall and for event management turnover.
3	The net worth of the agency should be positive during each of the previous three financial years i.e., 2016-17, 2017-18, 2018-19 (2019-20 may also be considered).	Copies of the dully audited balance sheet and profit and loss accounts duly certified by auditor along with the auditors to be enclosed.
4	The minimum net worth of agency as on 31 March 2019 should not be less than Rs.1 Cr. (2019-20 may also be considered).	(Agency to provide CA certificate clearly stating net worth)
5	Agency should have executed at least Five exhibition / Conferences including Hangers and Stalls / carpeting etc. in last three Years i.e. 2018-19, 2017-18 & 2016-17 (2019- 20 may also be considered). comprising of More Than 10000 Sqmtr of Area.	Necessary work completion certificates / work orders to be submitted.
6	The agency should have handled at least one big event having minimum gathering/participants of 1,00,000 & above peoples in single event in last 5 years.	Relevant work orders to be submitted in this regard.
7	Agency should have skilled manpower i.e, Manager, Supervisor, Graphic designers during the event for discussion and execution of event.	Agency to provide profile and experience of manpower, with a declaration that same or equal no of staff will be deployed exclusively for the project. List of contact staff/Labors/daily wage labor not to be included in list.
8	Agency should have experience in development a pavilion of minimum 100 stalls.	Necessary work order in the regard to be submitted.
9	Company Should have organized at least one event at India Gate Lawns in last 3 years (directly / indirectly).	To provide valid proof of Work Done with Photographs and Documents.
10	The Agency should not have been blacklisted/ debarred by any Central/ state government/ public sector undertaking/ Banks and not involved in any major litigation that may affect or compromise the delivery of service	Self-certification on letterhead to be provided as per Annexure-IV. However, the Bank has the rights to independently verify the same.

	required. The agency should not have been penalized or found guilty in court of law.
11	The Agency should have minimum staff strength of 10 employees / Partners/shareholders/ Long term contract.	Self-certification by the Bidder including list and details of such staff
12	Neither the agency nor its proprietor / directors / partners have/have defaulted to any Bank.	CIBIL report of the agency and its proprietor / directors / partners.
13	The agency should have full-fledged office in New Delhi & NCR.	Recent Address Proof acceptable to the bank
14	The agency should have in-house capability to take up assignment on its own. Joint and collaborative bids will not be accepted.	Self-certification by the Bidder confirming in-house capability to take up the assignment on its own.
15	The agency should have undertaken and completed at least one service contract of value of not less than Rs.1 crore per annum during past 3 years	Copy of work order to be submitted.
16	The agency / bidder should submit a certificate to the effect that the bidder is not owned or controlled by any director/officer/employee of SIDBI or their relatives	Self-certification by the Bidder confirming that the bidder is not owned or controlled by any director/officer/employee of SIDBI or their relatives.
17	Company or its representative nominated / tie-up by agency should have a Valid Electrical License.	Copy of valid license to be submitted.

8. The bidder / service provider shall further agree as FOLLOWS:

i. SIDBI shall reserve the right to audit the bills / receipts/ vouchers on random sample basis and instances of expenditure claim(s) / document(s) being found to be false shall be viewed seriously and may result in termination of contract.

ii. The Service Provider shall maintain all statutory registers under the applicable laws and produce the same, on demand, to the concerned authority of this Office or any other authority under Law.

9. Payment terms and conditions

Bidder shall be paid as per the payment schedule and terms and conditions mentioned in this section.

(a) 10 % payment would be paid on acceptance of work order.

(b) 40 % payment at the time of submission of plan & acceptance of creative.

(c) 40% at the time of completion of event.

(d) Remaining 10 % would be paid after submission of final report.

(e) Applicable tax at source will be deducted by SIDBI at the time of making payment. No additional cost whatsoever other than the price mentioned above will be paid by SIDBI.

(f) Payment shall be made electronically through RTGS/ NEFT by crediting the same to vendor’s bank a/c as per details provided in the Bank Mandate Form.

(g) The original bill/invoice for the services rendered must be furnished by bidder, as per the terms and conditions contained in this document. The bills submitted for payment should be accompanied by a declaration that all the statutory provisions are complied with. SIDBI reserves the right to call for documentary evidences thereof.

(h) Any objection / dispute to the amounts invoiced in the bill shall be raised by SIDBI within reasonable time from the date of receipt of the invoice. Upon settlement of disputes with respect to any disputed invoice(s), SIDBI will make payment within sixty (60) working days or a reasonable time as considered by SIDBI, of the settlement of such disputes.

10. PENALTY

Penalty shall be levied as per the terms and conditions of this RfP.

11. Evaluation Methodology & Award of Contract:

18.1 Evaluation Process:

18.1.1 The Bank has adopted a three (3) bid processes in which the Bidder has to submit following bids in separate envelopes at the time of submission of bids as stipulated in this document.

i. Minimum Eligibility Criteria

ii. Technical Bid (includes presentation)

iii. Commercial Bid

18.1.2 The Bank shall evaluate first the ‘Eligibility Criteria’ bid and based on its evaluation, ‘Technical Bids’ shall be evaluated at the second stage. ‘Commercial bids’ shall be opened for only the shortlisted bidders out of technical evaluation. The final selection will be done based on Quality cum Cost Based System (QCBS) wherein Relative Technical Bid Score will get a weightage of 75% and Relative Commercial Bid Score will get a weightage of 25%.

18.1.3 The evaluation by the Bank will be undertaken by a Committee of officials or/and representatives formed by the Bank and its decision will be final.

18.1.4 Normalization - SIDBI reserves the right to go for normalization process after technical evaluation and accordingly may request all the bidders to submit revised bid (technical or commercial or both) to avoid any possible ambiguity in evaluation process or make apple-to-apple comparison or to bring further transparency in the evaluation process.

18.2 Opening of Minimum Eligibility and Technical Bids

18.2.1 Bids, except commercial bids, received within stipulated time, shall be opened as per schedule given in the ‘Critical information’ sheet.

18.2.2 On the scheduled date and time, bids will be opened by the Bank Committee in presence of Bidder representatives. It is the responsibility of the bidder’s representative to be present at the time, on the date and at the place specified in the tender document. The bidders’ representatives who are present shall sign the required documents evidencing their attendance and opening of bids in their presence.

18.2.3 If any of the bidders or all bidders who have submitted the tender and are not present during the specified date and time of opening, Bank at its discretion will proceed further with opening of the technical bids in their absence.

18.2.4 The Bidder name, presence or absence of requisite EMD / Bid Security and such other details as the Bank, at its discretion, may consider appropriate will be announced at the time of bid opening.

18.2.5 Bids that are not opened at Bid opening shall not be considered for further evaluation, irrespective of the circumstances. Withdrawn bids will be returned unopened to the Bidders.

18.3 Preliminary Examination:

18.3.1 The Bank will examine the Bids to determine whether they are complete, the documents have been properly signed, supporting papers/ documents attached and the bids are generally in order.

18.3.2 The Bank may, at its sole discretion, waive any minor infirmity, nonconformity or irregularity in a Bid which does not constitute a material deviation, provided such a waiver does not prejudice or affect the relative ranking of any Bidder.

18.3.3 Prior to the detailed evaluation, the Bank will determine the substantial responsiveness of each Bid to the Bidding document. For the purposes of these Clauses, a substantially responsive Bid is one, which conforms to all the terms and conditions of the Bidding Document without material deviations. Deviations from or objections or reservations to critical provisions, such as those concerning Bid security / EMD, performance security, qualification criteria, insurance, Force Majeure etc. will be deemed to be a material deviation. The Bank's determination of a Bid's responsiveness is to be based on the contents of the Bid itself, without recourse to extrinsic evidence.

18.3.4 If a Bid is not substantially responsive, it will be rejected by the Bank and may not subsequently be made responsive by the Bidder by correction of the nonconformity.

18.3.5 The Bidder is expected to examine all instructions, forms, terms and specification in the Bidding Document. Failure to furnish all information required by the Bidding Document or to submit a Bid not substantially responsive to the Bidding Document in every respect will be at the Bidder's risk and may result in the rejection of its Bid.

18.4 Evaluation of Eligibility Criteria:

18.4.1 Bids submitted by all the bidders would be evaluated for eligibility as mentioned in the ‘Eligibility Criteria / Minimum Eligibility Criteria’ section. Bids not complying with any of the eligibility criteria are liable to be rejected and will not be considered for further evaluation.

18.4.2 Successful bids out of this stage would be considered for technical evaluation.

18.4.3 Bidders must submit the proof of all the credentials as required for evaluation of eligibility criteria. Claims of the bidders without verifiable facts won’t be considered as credentials towards satisfying eligibility criteria.

18.5 Evaluation of Technical Bids

18.5.1 The technical bids will be evaluated for determining the continued eligibility of the Bidder for Project and compliance of the bids with the necessary technical requirements and scope of work of this RfP.

18.5.2 SIDBI may seek specific clarifications from any or all the Bidder(s) at this stage. All the clarifications received within the stipulated time shall be considered for evaluation. In case satisfactory clarifications are not received from the bidders within the stipulated time, the respective technical parameters would be treated as non-compliant and decision to qualify the bidder shall be accordingly taken by SIDBI.

18.5.3 Technical bids would be evaluated on the parameters and presentation as below.

TECHNICAL BIDS EVALUATION CRITERIA – AGENCY FOR DESIGN DEVELOPMENT & EXECUTION OF SWAVALAMBAN BHARAT BAZAAR AT INDIA GATE MAIDAN

Each agency having credentials as stated in the scope of work will get marks as given below in the table:

Sr. No	Financial and other Requirement to be met by the Bidder	Document required for verification (Any Proof)				Maximum Score
1.	Agency should have executed at least three exhibition / Conferences including Hangers and Stalls / carpeting etc. in last three Years i.e. 2018-19, 2017- 18 & 2016-17(2019-20 may also be considered). comprising of More Than 10000 Sqmtr of Area.	Necessary work completion certificates / work orders to be submitted.				15
			Number of Exhibitions	Score
			Upto 3 exhibitions	5
			4-5 exhibitions	10
			5 exhibitions & above	15
2.	The agency should have handled at least one big event having minimum gathering of 100,000 &	one mark each for event/exhibitions Subject to maximum 5 marks.				5

	above peoples in single event in last 5 years.	Relevant work orders to be submitted in this regard.
3.	Agency should have skilled manpower i.e, Manager, Supervisor, Graphic designers having long term contract for discussion and execution of event.	Agency to provide profile and experience of manpower, with a declaration that same or equal no of staff will be deployed exclusively for the project. List of contact staff/Labors/daily wage labour not to be included in list.				5
			Team Size	Score
			Upto 10	3
			10-15	4
			15 & above	5
4.	Agency should have experience in development a pavilion of minimum stall size of 100.	Necessary work order in the regard to be submitted.				15
			Pavilion Size	Score
			Upto 100	5
			100-200	10
			200 & above	15
5.	Company Should have organized event at India Gate/Rajpath in last 3 years.	To provide valid proof of Work Done with Photographs and Documents.				10
			Number of event	Score
			One marks for each event / exhibition at India Gate. Subject to maximum 10 marks.	10
6.	The agency should have undertaken and completed at least one service contract of value of not less than Rs.1 crore per annum during past 2 years	To provide valid proof of Work Done with Photographs and Documents.				10
			Number of event	Score
			Upto 2	5
			3-4	7
			5 & above	10
7.	Company or its representative nominated by agency should have a Valid Electrical License.	To provide valid license				15
			Valid License
			Tied up	5
			Self	15
8.	New unique Ideas matching theme swavalamban.		Upto 2	5		10
			3-4	7
			5 & above	10
9.	Number of Government/ National Industry Associations assignments with work order above 50 lakh handled at state/national level in last 1 years.	Relevant work orders to be submitted in this regard. Number of Score Exhibitions				10

			Upto 3 exhibitions	5
			Above 3 event/exhibition s 1 additional marks for each event/exhibition s. Subject to maximum 10 marks.
10.	Number of cultural and musical program variety (Minimum 10 Cultural program during the event).	Program variety to be indicated separately during the technical.				5
			Number of cultural and musical program.		Score
			Upto 10 program		3
			Above 15 program		5
Sub Total						100
Weightage to be assigned						65%
Presentation on Proposed Plan, Proof of Concept, uniqueness and additionality proposed and Roll out strategy		date and time for the presentation shall be advised on later date.				35 %
Grand Total (technical score)						100

• The Bank at its discretion may reject the proposal of the agency, without giving any reason whatsoever, if in the Bank's opinion the agencies could not present or demonstrate the proposed assignment.

• During evaluation of the Tenders, the Bank, at its discretion, may ask the Bidder for clarification in respect of its tender. The request for clarification and the response shall be in writing, and no change in the substance of the tender shall be sought, offered or permitted

• The Bank's reserves the right to accept or reject any tender in whole or in parts without assigning any reason thereof. The decision of the Bank shall be final and binding on all the bidders to this document and bank will not entertain any correspondence in this regard.

• Documentary evidence must be submitted for each criterion and undertaking, or declaration made by the agency must be on the company letter head and is to be signed by an authorized signatory.

• Completion Letter / Reference Letter from relevant Senior Executive of the agency to be attached for each engagement reference mentioned.

• If required bank or its representative can visit the agency and or its centers during evaluation process.

18.5.4 The technical bid will be analyzed and evaluated, based on which the Relative Technical Score (RSTech) shall be assigned to each bid on the basis of parameters mentioned above.

18.5.5 Relative Technical Score (RSTech) for each agency will be calculated as follows based on above parameters:

RSTech = T / Thigh * 100

Where,

RSTech	=	Relative score obtained by the bidder
T	=	Technical score obtained by bidder
THigh	=	Highest Technical score secured among the Bidders

18.5.6 Technical Bids receiving a RSTech greater than or equal to a score of 100 (cut- off marks) will be eligible for consideration in the subsequent round of commercial evaluation.

18.5.7 If less than 3 bidders qualify as per above criteria (RSTech >= 100), SIDBI reserves the right to short list maximum top 3 bidders subject to RSTech >= 70.

18.6 Commercial Bids:

18.6.1 The Bidder is required to quote in Indian Rupees (‘INR’/ ‘`’). Bids in currencies other than INR may not be considered.

18.6.2 While any increase in the rates of applicable taxes or impact of new taxes subsequent to the submission of commercial bid shall be borne by SIDBI, any subsequent decrease in the rates of applicable taxes or impact of new taxes shall be passed on to SIDBI in its favour. This will remain applicable throughout the contract period.

18.6.3 The Commercial Bid should be submitted in the format prescribed in the RfP. Consideration of commercial bids, not submitted as per requisite format, will be at the discretion of the bank.

18.7 Evaluation of Commercial Bids

18.7.1 In this phase, the Commercial Bids of the Bidders, who are found technically qualified in previous phase, will be taken for commercial evaluation for each pocket separately.

18.7.2 The date for opening of commercial bids will be separately advised.

18.7.3 Relative Technical Score (RSTech) of the technically qualified bids would be announced before the representatives of the bidders and the commercial bids of those bidders would be opened for commercial evaluation, for each pocket.

18.7.4 The agency with the lowest commercial bid will be selected for further discussion for finalizing contract for the specific pocket subject to satisfying all the terms and conditions defined in this RfP document.

18.7.5 Relative Commercial Score (RSCom) for each bidder will be calculated as follows:

RSCom = CLow / C X 100

Where:

RSCom	=	Relative score for Commercial Bid of the bidder
C	=	Commercial bid value of the bidder under consideration
CLow	=	Lowest commercial bid value out of all the eligible commercial bids obtained.

18.8 Final Selection of the Eligible Bidder

18.8.1 Total Relative Score (RS) obtained by each eligible bidder will be calculated as follows separately for each pocket :

RS = RSTech X 0.75 + RSCom X 0.25

18.8.2 The eligible bidder will be selected based on maximum Relative Score (RS) obtained.

18.8.3 The bidder with the highest Relative Score (RS) will be selected for further discussion.

18.8.4 In case of a tie after the commercial evaluation stage, the Bank's decision will be final and will be based on marks scored in the technical evaluation only.

18.8.5 The Bidders shall submit their offers strictly in accordance with the terms & condition of the Tender document.

12. Terms and Conditions

19.1 GENERAL

19.1.1 The Bidders are expected to examine all instructions, forms, terms and specifications in the bidding documents. Failure to furnish all information required by the bidding documents may result in the rejection of its bid and will be at the bidder's own risk.

19.1.2 Information provided in this RfP is organized in several sections to bring clarity and help the reader to understand quickly. However, Bidder must take into consideration each and every line of this RfP document as a whole while responding. Bidder must get the doubts, if any, clarified by SIDBI before submitting the responses. The bids submitted should be complete in all respect meeting all deliverables under the project. It will be sole responsibility of the selected bidder to deliver each and everything as per the scope of the project during the contracted period. SIDBI shall not be responsible in case of bidder’s failure to notice any information, any requirement is underestimated, not understood or any requirement is not interpreted in right direction during preparation/submitting the response.

19.1.3 Unless expressly overridden by the specific agreement to be entered into between the Bank and the successful Bidder, the RfP shall be the governing document for arrangement between the Bank and the Bidders.

19.2 DEFINITIONS

In this Contract, the following terms shall be interpreted as indicated:

19.2.1 “The Bank” means Small Industries Development Bank of India (SIDBI).

19.2.2 ‘Bidder’ means the respondent to the RfP document.

19.2.3 ‘Successful Bidder’ refers to the bidder who gets selected by the bank after completion of evaluation process.

19.2.4 ‘RFP’ or ‘RfP’ or ‘Tender’ means the Request For Proposal document.

19.2.5 ‘Bid’ may be interchangeably referred to as ‘Offer’.

19.2.6 ‘BFSI’ implies Scheduled commercial banks in public or private sector / All India FIs / Insurance Companies will be considered under BFSI.

19.2.7 “The Contract” means the agreement entered into between the Bank, represented by its Head Office / Regional Offices / other offices of the Bank and the Vendor/Bidder/Supplier, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein;

19.2.8 “Agency”, “Firm”, “Company”, “Bidder” “vendor” means any entity or person or associations of person (constitution of association of person may be in the form of any legal entity like partnership, public / private limited company, LLP, HUF, etc.,) who have been identified to submit their proposal for providing services under this Contract.

19.3 REPRESENTATIVE:

The agency will assign a person, who will provide the interface facility and has the responsibility for managing the complete service delivery on Public Relations. He/She will be single point of contact on behalf of the agency.

19.4 LIQUIDATED DAMAGES FOR DEFAULT IN SERVICES:

In case of deficiency of services up to the satisfaction of SIDBI, liquidated damages subject to the maximum 8% of the contract value could be levied on the agency. The quantum of liquidated damages will be decided by a committee of officers of SIDBI whose decision shall be final and binding. However, the agency would be given an opportunity to make representation to the committee and clarify its position with regard to the deficiency and/or non-performance.

19.5 TENURE:

19.5.1 The tenure of the contract with the Agences, so appointed, would run for

2 years from date of appointment under this RfP, with provision for extension as specified in this RfP. However, this would be subject to

satisfactory performance of each agency periodically or after a year, which would be solely adjudged by the Bank. In case the performance of any Agency/ies is/are deemed unsatisfactory, their contract will be terminated as per the provisions of the “Termination of Contract” clause mentioned in the RFP.

19.5.2 In case the need arises, SIDBI may, at its sole discretion, extend the contract for a further period of a maximum of one year on the proportiionate cost basis and same terms and conditions.

19.6 PRICE :

19.6.1 The fee/charges of the Highest Relative Score (RS) decided through the process described earlier would remain valid for the entire contract period.

19.6.2 The accepted price (fee/charges/commission) shall otherwise remain firm during the entire tenure of assignment including authorized period of extension of time and shall not vary on account of any increase/decrease of cost of material/labours or any other reasons whatsoever.

19.7 Use of Contract Documents and Information:

19.7.1 The Agency shall not, without the Bank’s prior written consent, disclose the Contract, or any provision thereof, or any specification, plan, drawing, pattern, sample or information furnished by or on behalf of the Bank in connection therewith, to any person other than a person employed by the Supplier in the performance of the Contract. Disclosure to any such employed person shall be made in confidence and shall extend only as far as may be necessary for purposes of such performance.

19.7.2 The Agency will treat as confidential all the data and information about the Bank, obtained in the execution of his responsibilities, in strict confidence and will not reveal such information to any other party without the prior written approval of the Bank.

19.8 Subcontracts:

The agency shall not sub-contract the services agreed to be rendered by the agency under this contract, except (i) if the existence of their office is not in the identified location; agreed by SIDBI and (ii) for services that are generally procured from outside agency in performing the activities envisage under this contract.

19.9 Compliance in obtaining approvals/ permissions/ licenses:

The Bidder shall promptly and timely obtain all such consents, permissions, approvals, licenses, etc., as may be necessary or required for any of the purposes of this project or for the conduct of their own business under any applicable Law, Government Regulation/Guidelines and shall keep the same valid and in force during the term of the project, and in the event of any failure

or omission to do so, shall indemnify, keep indemnified, hold harmless, defend, protect and fully compensate the Bank and its employees/ officers/ staff/ personnel/ representatives/agents from and against all claims or demands of liability and all consequences that may occur or arise for any default or failure on its part to conform or comply with the above and all other statutory obligations arising there from and the Bank will give notice of any such claim or demand of liability within reasonable time to the bidder.

19.10 Termination of Contract:

19.10.1 In the event of non-performance of the bidder as decided by the Bank or any disputes or differences arising between the Parties hereto on any matter / provision set out in this RfP and subsequent Service Agreement for the selected Agency, the Parties shall try to resolve the matter amicably inter se. In case if the matter is not settled amicably and further Bank is not satisfied with the services of the agency or the agency failing to perform the services agreed to under this RfP, Bank shall issue a written notice of 15 days to the agency informing the agency of its dissatisfaction or the non-performance of the agency and if the error is not rectified within the given time , Bank shall not be liable to pay the agency for the same for the period of non-performance by agency and the decision of Bank in this regards shall be final and binding on the Service provider/agency.

19.10.2 In the event the agency does not comply with its obligations, on the termination of the notice period, Bank shall be at liberty to terminate the Agreement, without further notice, and shall additionally have the right to claim any further rights available under the law, including without limitation, the right to damages.

19.10.3 Upon termination of the Agreement, the Agency would promptly hand over to SIDBI all Deliverable Items, including work-in-progress, on “as is where is” condition subject to the mutual settlement of all money due and payable to them being paid. During the period of notification of termination, the Agency shall complete pending assignments and Bank shall agree to settle the dues in respect of assignments after completion thereof by the Agency, except if specifically instructed by the Bank to act otherwise.

19.10.4 The Bank would also have the right to terminate such Service Agreement with three months notice or such period as agreed without assigning any reason.

19.10.5 The Bank reserves the right to cancel the contract, without any prior notice, in the event of happening one or more of the following Conditions:

❖ Failure of the successful bidder to accept the contract

❖ Delay in services

❖ Serious problems in quality of services

❖ Services of the Agency not being considered satisfactory by the Bank

19.11 Force majeure:

19.11.1 If the performance as specified in this order is prevented, restricted, delayed or interfered by reason of fire, explosion, cyclone, floods, war, revolution, acts of public enemies, blockage or embargo, Any law, order, proclamation, ordinance, demand or requirements of any Government or authority or representative of any such Government including restrict trade practices or regulations, strikes, shutdowns or labour disputes which are not instigated for the purpose of avoiding obligations herein, or any other circumstances beyond the control of the party affected, then notwithstanding anything here before contained, the party affected shall be excused from its performance to the extent such performance relates to prevention, restriction, delay or interference and provided the party so affected uses its best efforts to remove such cause of non- performance and when removed the party shall continue performance with utmost dispatch.

19.11.2 If a Force Majeure situation arises, the Bidder shall promptly notify the Bank in writing of such condition, the cause thereof and the change that is necessitated due to the conditions. Until and unless otherwise directed by the Bank in writing, the Bidder shall continue to perform its obligations under the Contract as far as is reasonably practical and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event.

19.11.3 If either Party is unable to perform its obligation under this contract due to the occurrence of an event beyond its control (such as acts of God, war like situations, Riots, Bandhs, Government actions, Earthquakes, Cyclones, Typhoons, and other natural calamities etc.) that the party will not be deemed to have defaulted under this Contract. Each party would use all reasonable efforts to enable performance under this Contract to continue.

19.12 Resolution of Disputes:

19.12.1 It will be the endeavor of the Parties to resolve amicably any disputes or differences that may arise between the Bank and the Bidder from misconstruing the meaning and operation of the RFP and the breach that may result.

19.12.2 In case of dispute or difference arising between the Bank and a bidder relating to any matter arising out of or connected with this agreement, such disputes or difference shall be settled in accordance with the Arbitration and Conciliation Act, 1996. The Arbitrators shall be chosen by mutual discussion between the Bank and the bidder OR in case of disagreement each party may appoint an arbitrator and such arbitrators may appoint an Umpire before entering on the reference. The decision of the Umpire shall be final.

19.12.3 The Bidder shall continue work under the Contract during the arbitration proceedings unless otherwise directed in writing by the Bank or unless the matter is such that the work cannot possibly be continued until the decision of the Arbitrator or the umpire, as the case may be, is obtained.

19.12.4 Arbitration proceedings shall be held at New Delhi India, and the language of the arbitration proceedings and that of all documents and communications between the parties shall be English;

19.12.5 Notwithstanding anything contained above, in case of dispute, claim & legal action arising out of the contract, the parties shall be subject to the jurisdiction of courts at New Delhi India only.

19.12.6 Any notice given by one party to the other pursuant to this Contract shall be sent to the other party in writing or by fax and confirmed in writing to the other party’s specified address. The same has to be acknowledged by the receiver in writing.

19.12.7 A notice shall be effective when delivered or on the notice’s effective date, whichever is later.

19.12.8 Good Faith: The Parties undertake to act in good faith with respect to each other’s rights under the contract that may be entered into pursuant to this RfP and to adopt all reasonable measures to ensure the realization of the objectives

/ scope of this Contract.

19.13 No Commitment to Accept Lowest or Any Offer

19.13.1 The Bank reserves its right to reject any or all the offers without assigning any reason thereof whatsoever.

19.13.2 The Bank will not be obliged to meet and have discussions with any bidder and/ or to entertain any representations in this regard.

19.13.3 The bids received and accepted will be evaluated by the Bank to ascertain the best and lowest bid in the interest of the Bank. However, the Bank does not bind itself to accept the lowest or any Bid and reserves the right to reject any or all bids at any point of time prior to the order without assigning any reasons whatsoever. The bank reserves the right to re-tender.

19.14 Taxes and Duties:

19.14.1 The bidder shall be entirely responsible for all applicable taxes, duties, levies, charges, license fees, road permits, etc. in connection with delivery of products/services at site including incidental services and commissioning.

19.14.2 The bidder must also ensure that all applicable laws framed by the Central Government, State Government, UT Administration and Local Bodies and all laws pertaining to contract employees / labour laws are complied with while providing caretaker services. The selected bidder may have to execute an indemnity bond in favour of the Bank in this regard.

19.14.3 Providing clarifications / particulars / documents etc. to the appropriate tax authorities for assessment of tax, compliance with labour and other laws, etc. will be the responsibility of the bidder at his cost.

Tax deduction at Source - Wherever the laws and regulations require deduction of such taxes at the source of payment, the Bank shall effect such deductions from the payment due to the Bidder. The remittance of amounts so deducted and issuance of certificate for such deductions shall be made by the Bank as

per the laws and regulations in force. Nothing in the Contract shall relieve the Bidder from his responsibility to pay any tax that may be levied in India on income and profits made by the Xxxxxx xx xxxxxxx of the contract that may be entered into pursuant to this RfP.

19.15 Statutory authority obligation, notices, fees and charges:

19.15.1 The agency shall comply with and give all notices required by any Act, any instrument, rule, or order made under any Act, or any regulation with regard to the assignment/services contemplated under this RfP.

19.15.2 The Agency shall at all time during the currency of the RfP/contract to be entered into pursuant to this RfP, comply with all applicable laws as they relate to its performance under the agreement. The agreement shall be governed, interpreted by and construed in accordance with the law of India.

19.16 Right in intellectual Property and materials:

19.16.1 All the rights relating to the Trade Marks and Copy Rights in respect of publicity work generated by the Agency on behalf of SIDBI and paid for by SIDBI shall vest with SIDBI. Provided, that SIDBI would reimburse the Agency for any sum of money paid for assignment/licensing of the copy right as and by way of fee, charges, or otherwise as provide by the guidelines, regulation, rules, or policy of the professional body or association, with prior approval from SIDBI.

19.16.2 All concepts, communications, etc. created and conceived by the Agency on behalf of SIDBI under the services contemplated under this RfP, and involving name of SIDBI, shall not form part of any award or competition or promotion unless prior written consent of SIDBI has been obtained thereof.

19.17 Confidentiality:

Information provide under this RfP and subsequent service agreement is confidential and neither party shall at any time either during the association or at any time thereafter divulge either directly or indirectly to any person(s), firm or company, business entity, or other organization whatsoever, any confidential information that the other party may acquire during the course of such association or otherwise concerning the other party’s business, property, contracts, trade secrets, clients or affairs.

19.18 Conditional Bids

Conditional bids shall not be accepted on any ground and shall be rejected straightway. If any clarification is required, the same should be obtained before submission of bids.

19.19 Contacting the Bank

19.19.1 After opening of Bid to the time a communication in writing about its qualification or otherwise received from the Bank, bidder shall NOT contact the Bank on any matter relating to its Bid.

19.19.2 Any effort by the Bidder to influence the Bank in its decisions on Bid evaluation, Bid comparison may result in the rejection of the Bidder’s Bid.

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

Notwithstanding anything contained in this document. The Agency shall conduct its obligations as an agent in good faith and exercise reasonable care as per good industry practice and for removal of doubt the degree of care shall in no way less than what it is required as if it were a principle. While acting as an agent the Agency shall be responsible to Bank for all acts of negligence, and for consequences emanating from lack of exercise of reasonable care. The Agency is bound to supervise the proper execution of contracts entered by it on behalf of Bank as its agent.

19.21 Performance Bank Guarantee (PBG)

19.21.1 The successful Bidder shall provide an unconditional and irrevocable performance bank guarantee from Scheduled Commercial Bank in the form and manner provided by the Bank equivalent to 2% of contract value. The performance guarantee will be valid till at least six months beyond the expiry of the contract period. PBG is to be submitted within ONE month from the date of award of contract as per the format provided by Bank.

19.21.2 In the event of non-performance of obligation or failure to meet terms of this RfP/Contract, the Bank shall be entitled to invoke the performance guarantee without notice or right of demur to the Bidder. The guarantee should be from a scheduled commercial bank only.

19.21.3 In case of expiry of PBG prior to project completion, the bidder will be required to renew the PBG for further period as per plan. If PBG is not submitted within the time stipulated by SIDBI, the Bank reserves the right to cancel the order and forfeit the EMD / Bid Security.

19.21.4 PBG would be returned to the successful Bidder after the expiry or termination of the contract plus 90 days on satisfaction of the Bank that there are no dues recoverable from the successful Bidder.

19.21.5 Notwithstanding anything to the contrary contained in the contract, SIDBI shall be at liberty to invoke the Performance Bank Guarantee in addition to other remedies available to it under the contract / order or otherwise if the Successful Bidder fails to fulfill any of the terms of contract / order or commits breach of any terms and conditions of the contract.

19.21.6 On faithful execution and completion of contract in all respects to the satisfaction of the Bank, the Performance Guarantee of the Bidder shall be released by SIDBI.

19.21.7 If aggregated shortfall in achieving Service Level requirement mentioned in the scope of work, SIDBI will, inter alia, be at liberty to invoke the performance guarantee in addition to other remedies available to it under the contract or otherwise.

19.21.8 Time shall be the essence of the contract / order, therefore, no extension of time is anticipated, but if untoward or extraordinary circumstances should arise beyond the control of the Bidder, which in the opinion of SIDBI should entitle the Bidder to a reasonable extension of time, such extension may be considered by SIDBI at its sole and absolute discretion, however such extension shall not operate to relieve the Bidder of any of its obligations. SIDBI shall not be liable for any extra financial commitment due to such extension of time. In case of any such extension, the Bidder would be required to extend the validity period of the performance guarantee accordingly.

19.22 Forfeiture of performance security

19.22.1The Bank shall be at liberty to set off/adjust the proceeds of the performance guarantee towards the loss, if any, sustained due to the bidder’s failure to complete its obligations under the contract. This is without prejudice to the Bank’s right to proceed against the Bidder in the event of the security being not enough to fully cover the loss/damage.

19.22.2In the event of non-performance of obligation or failure to meet terms of this RfP/Contract, the Bank shall be entitled to invoke the performance guarantee without notice or right of demur to the Bidder.

19.23 Execution of Agreement and NDA

19.23.1The selected bidder should execute agreement with the Bank which will remain valid for at least 2 (two) years. Beyond the two years, the agreement can be extended at the discretion of the Bank with the same scope of work. The agreement would include all the terms and conditions of the services to be extended as detailed herein and as may be prescribed or recommended by the Bank which will include a Non-Disclosure Agreement clause.

19.23.2The agreement with Non-disclosure agreement clauses should be executed within three weeks from the date of issuing sanction letter/letter of intent/work order.

19.23.3The date of sanction letter/letter of intent/work order shall be treated as date of engagement and the time-line for completion of the assignment shall be worked out with reference to this date.

19.24 No Employer-Employee Relationship

19.24.1The selected bidder during the term of the contract and for a period of two years thereafter shall not without the express written consent of the Bank, directly or indirectly.

19.24.2Recruit, hire, appoint or engage or attempt to recruit, hire, appoint or engage or discuss employment with or otherwise utilise the services of any person who has been an employee or associate or engaged in any capacity, by the Bank in rendering the services in relation to the contract; or

19.24.3Induce any person who shall have been an employee or associate of the Bank at any time to terminate his / her relationship with the Bank.

19.24.4Staff deployed by the agency shall never be deemed to be appointed by the Bank nor shall they be under its service conditions.

19.24.5Statutory & Regulatory Compliance: The bidder should ensure all statutory and regulatory compliance towards: ESIC & EPFO – All bidders have to ensure that the resources deployed at SIDBI sites are compliant as per the guidelines of ESIC & EPFO and other Statutory and regulatory compliance as may be applicable from time to time with regard to transactions under RfP. The bidder also has to ensure that they are compliant to the all applicable laws for deployment of resources across sites nationwide. The bidder should follow all pay out norms as per the MWA in all the states and SIDBI will not liable for this under any situation. SIDBI may (but shall be obliged) call for proof of such payments by bidder and compliance any other Act/ regulations as may be applicable.

19.25 Rights to Visit:

19.25.1All records of the Xxxxxx xxxx xxxxxxx to any matters covered by this Tender document/ subsequent order shall be made available to SIDBI or its designees at any time during normal business hours, as often as SIDBI deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data.

19.25.2SIDBI, including its regulatory authorities like RBI etc., reserves the right to verify, through their officials or such other persons as SIDBI may authorise, the progress of the project at the development /customization site of the Bidder or where the services are being rendered by the bidder.

19.25.3The Bank and its authorized representatives, including regulator like Reserve Bank of India (RBI) shall have the right to visit any of the Bidder’s xxxxxxxx xxxx xxxxx notice to ensure that data provided by the Bank is not misused. The Bidder will have to cooperate with the authorized representative/s of the Bank and will have to provide all information/ documents required by the Bank.

19.25.4The right to visit under these clauses shall be restricted to physical files related to this arrangement. Visit shall be conducted during normal business hours and on normal working days after informing the bidder in advance.

19.26 AUDIT:

19.26.1The bidder shall allow the Bank, its authorised personnel, its auditors (internal and external), authorised personnel from RBI / other regulatory & statutory authorities and grant unrestricted right to inspect and audit its books and accounts, to provide copies of any audit or review reports and findings made on the service provider, directly related to the services.

19.26.2In case any of the services are further outsourced/ assigned/ subcontracted to other bidders, it will be the responsibility of the bidder to ensure that the authorities /officials as mentioned above are allowed access to all the related places, for inspection and verification.

19.26.3Audit under this clause shall be restricted to physical files related to this arrangement. Audit shall be conducted during normal business hours and on normal working days after informing the bidder in advance.

19.27 IPR INFRINGEMENT

As part of this project bidder/agency will use software/tool to deliver services. If the deliverables and use of any such software/tool used for such delivery, infringe the intellectual property rights of any third person, bidder/ agency shall be primarily liable to indemnify SIDBI to the extent of direct damages against all claims, demands, costs, charges, expenses, award, compensations etc. arising out of the proceedings initiated by third party for such infringement, subject to the condition that the claim relates to Software provided/used by Bidder/ agency under this project.

19.28 INDEMNITY

19.28.1The Bidder/ successful bidder shall indemnify the Bank, and shall always keep indemnified and hold the Bank, its employees, personnel, officers, directors, harmless from and against any and all losses, liabilities, claims, actions, costs and expenses (including attorneys' fees) relating to, resulting directly or indirectly from or in any way arising out of any claim, suit or proceeding brought against the Bank as a result of:

19.28.1.1 Bank’s authorized / bona fide use of the Deliverables and /or the Services provided by Bidder under this RfP document; and/or any subsequent agreement; and/or

19.28.1.2 An act or omission of the Bidder, employees, agents, sub-contractors in the performance of the obligations of the Bidder under this RfP document or any subsequent agreement; and/or

19.28.1.3 Claims made by employees or subcontractors or subcontractors’ employees, who are deployed by the Bidder, against the Bank; and/or

19.28.1.4 Breach of any of the term of this RfP document and/or of the agreement to be entered subsequent to this RfP or breach of any

representation or false representation or inaccurate statement or assurance or covenant or warranty by the successful Bidder under this RfP document and/or of the agreement to be entered subsequent this RfP; and/or

19.28.1.5 Negligence or gross misconduct attributable to the Bidder or its employees or sub-contractors.

19.28.1.6 Any or all Deliverables or Services infringing any patent, trademarks, copyrights or such other Intellectual Property Rights; and/or

19.28.1.7 Breach of confidentiality obligations of the Bidder contained in this RfP document; and/or

19.28.1.8 The use of unlicensed and illegal Software and/or allied components by the successful Bidder

19.28.2 The Bidder will have to at its own cost and expenses defend or settle any claim against the Bank that the Deliverables and Services delivered or provided under this RfP document infringe a patent, utility model, industrial design, copyright, trade secret, mask work or trade mark in the country where the Deliverables and Services are used, sold or received, provided the Bank:

19.28.2.1 Notifies the Bidder in writing; and

19.28.2.2 Cooperates with the Bidder in the defence and settlement of the claims.

19.28.2.3 The Bidder shall not be liable for defects or non-conformance resulting from:

19.28.2.4 Software, hardware, interfacing not approved by Bidder; or

19.28.2.5 Unauthorized modification of Software or any individual product supplied under this RfP document, or Bank’s failure to comply with any mutually agreed environmental specifications.

19.28.2.6 Use of a Deliverable in an application or environment for which it was not designed or not contemplated under this Agreement,

19.28.2.7 Modification of a Deliverable by anyone other than Bidder where the unmodified version of the Deliverable would not be infringing.

19.28.3 All Bidders under the RfP absolutely, irrevocably and unconditionally hereby indemnifies and undertakes to keep SIDBI and / or its Directors, officers, employees, agents and representatives, for all times from and against all charges, cost, losses, claims, demands and liabilities, obligations, suits, judgments, penalties, proceedings, precautions, litigations, or actions, financial or otherwise, at law or equity, including the expenses of defending any claim of liability by any third party and from and against all actual damages sustained, whatsoever, whether past, or current suffered or incurred by SIDBI and or its Directors, officers, employees, agents, and representatives due to reasons of

a) Breach, misconduct, omissions or

b) Negligence on the part of Agency and or its directors, employees, in the performance of the services including but not limited to any claim arising out of improper or illegal use or adoption or invasion or infringement of the copyright or intellectual property right.

19.29 Limitation of Liabilities

19.29.1Save and except the liability under Section of ‘IPR Infringement’ in Clause 19.27 and indemnity provision in Clause 19.28 herein above, in no event shall either party be liable with respect to its obligations under or arising out of this agreement for consequential, exemplary, punitive, special, or incidental damages, including, but not limited to, loss of data / programs or lost profits, loss of goodwill, work stoppage, computer failure, loss of work product or any and all other commercial damages or losses whether directly or indirectly caused, even if such party has been advised of the possibility of such damages. The aggregate liability of bidder / service provider, arising at any time shall not exceed the total contract value.

19.29.2Conflict of Interests: The Bidder shall hold SIDBI’s interests paramount, without any consideration for future work, and strictly avoid conflict of interest with other assignments or their own corporate interests. If during the period of the contract entered into pursuant to this RfP, a conflict of interest arises for any reasons, the bidder shall promptly disclose the same to the SIDBI and seek its instructions.

19.30 CONFIDENTIALITY

19.30.1 The RFP document is confidential and is not to be disclosed, reproduced, transmitted, or made available by the Recipient to any other person. Bank may update or revise the RFP document or any part of it. The Recipient acknowledges that any such revised or amended document is received subject to the same confidentiality undertaking. The Recipient will not disclose or discuss the contents of the RFP document with any officer, employee, consultant, director, agent, or other person associated or affiliated in any way with Bank or any of its customers or suppliers without the prior written consent of Bank.

19.30.2 This tender document contains information proprietary to the Bank. Each recipient is entrusted to maintain its confidentiality. It should be disclosed only to those employees involved in preparing the requested responses. The information contained in the tender document may not be reproduced in whole or in part without the express permission of the Bank. Disclosure of any such sensitive information to parties not involved in the supply of contracted services will be treated as breach of trust and could invite legal action. This will also mean termination of the contract and disqualification of the said Bidder.

19.30.3 “Confidential Information” means any and all information that is or has been received by the Bidder (“Receiving Party”) from the Bank (“Disclosing Party”) and that:

19.30.3.1 relates to the Disclosing Party; and

19.30.3.2 is designated by the Disclosing Party as being confidential or is disclosed in circumstances where the Receiving Party would reasonably understand that the disclosed information would be confidential or

19.30.3.3 is prepared or performed by or on behalf of the Disclosing Party by its employees, officers, directors, agents, representatives or consultants.

19.30.4 without limiting the generality of the foregoing, Confidential Information shall mean and include any information, data, analysis, compilations, notes, extracts, materials, reports, specifications or other documents or materials that may be shared by the Bank with the Bidder.

19.30.5 “Confidential Materials” shall mean all tangible materials containing Confidential Information, including, without limitation, written or printed documents whether machine or user readable.

19.30.6 The Receiving Party shall, at all times regard, preserve, maintain and keep as secret and confidential all Confidential Information and Confidential Materials of the Disclosing Party howsoever obtained and agrees that it shall not, without obtaining the written consent of the Disclosing Party:

19.30.7 Unless otherwise agreed herein, use any such Confidential Information and materials for its own benefit or the benefit of others or do anything prejudicial to the interests of the Disclosing Party or its customers or their projects.

19.30.8 In maintaining confidentiality hereunder, the Receiving Party on receiving the confidential information and materials agrees and warrants that it shall:

19.30.8.1 Take at least the same degree of care in safeguarding such Confidential Information and materials as it takes for its own confidential information of like importance and such degree of care shall be at least, that which is reasonably calculated to prevent such inadvertent disclosure;

19.30.8.2 Keep the Confidential Information and Confidential Materials and any copies thereof secure and in such a way so as to prevent unauthorized access by any third party;

19.30.8.3 Limit access to such Confidential Information and materials to those of its directors, partners, advisers, agents or employees, sub-contractors and contractors who are directly involved in the consideration/evaluation of the Confidential Information and bind each of its directors, partners, advisers, agents or employees, sub-contractors and contractors so involved to protect the Confidential Information and materials in the manner prescribed in this document; and upon discovery of any unauthorized disclosure or suspected unauthorized disclosure of Confidential Information, promptly inform the Disclosing Party of such

disclosure in writing and immediately return to the Disclosing Party all such Information and materials, in whatsoever form, including any and all copies thereof.

19.30.8.4 The Receiving Party who receives the confidential information and materials agrees that on receipt of a written demand from the Disclosing Party:

(i) Immediately return all written Confidential Information, Confidential materials and all copies thereof provided to, or produced by it or its advisers, as the case may be, which is in Receiving Party’s possession or under its custody and control;

(ii) To the extent practicable, immediately destroy all analyses, compilations, notes, studies, memoranda or other documents prepared by it or its advisers to the extent that the same contain, reflect or derive from Confidential Information relating to the Disclosing Party;

(iii) So far as it is practicable to do so immediately expunge any Confidential Information relating to the Disclosing Party or its projects from any HW or other device in its possession or under its custody and control; and

(iv) To the extent practicable, immediately furnish a certificate signed by its director or other responsible representative confirming that to the best of his/her knowledge, information and belief, having made all proper enquiries the requirements of this paragraph have been fully complied with.

19.30.8.5 The restrictions in the preceding clause shall not apply to:

(i) Any information that is publicly available at the time of its disclosure or becomes publicly available following disclosure (other than as a result of disclosure by the Disclosing Party contrary to the terms of this document); or any information which is independently developed by the Receiving Party or acquired from a third party to the extent it is acquired with the valid right to disclose the same.

(ii) Any disclosure required by law or by any court of competent jurisdiction, the rules and regulations of any recognized stock exchange or any enquiry or investigation by any governmental, statutory or regulatory body which is lawfully entitled to require any such disclosure provided that, so far as it is lawful and practical to do so prior to such disclosure, the Receiving Party shall promptly notify the Disclosing Party of such requirement with a view to providing the Disclosing Party an opportunity to obtain a protective order or to contest the disclosure or otherwise agree to the timing and content of such disclosure.

(iii) The Confidential Information and materials and all copies thereof, in whatsoever form shall at all times remain the property of the Disclosing Party and its disclosure hereunder shall not confer on the Receiving Party any rights whatsoever beyond those contained in this document.

19.30.8.6 The confidentiality obligations shall survive the expiry or termination of the agreement between the Bidder and the Bank.

19.31 Corrupt and fraudulent practice

19.31.1 As per Central Vigilance Commission (CVC) directives, it is required that Bidders / Suppliers / Contractors observe the highest standard of ethics during the execution of this RfP and subsequent contract(s). In this context, the bidders are requested to note the following:

19.31.2 “Corrupt Practice” means the offering, giving, receiving or soliciting of anything of value to influence the action of an official in the procurement process or in contract execution.

19.31.3 “Fraudulent Practice” means a misrepresentation of facts in order to influence a procurement process or the execution of contract to the detriment of the Bank and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non- competitive levels and to deprive the Bank of the benefits of free and open competition.

19.31.4 The Bank reserves the right to declare a bidder ineligible, either indefinitely or for a stated period of time, to be awarded a contract if at any time it determines that the bidder has engaged in corrupt or fraudulent practices in competing for or in executing the contract.

19.32 Grievances Redressal Mechanism

Bank has a grievances redressal mechanism for its customers and designated grievances redressal officers. The bank would use the same mechanism to address the grievances, if any, of the customers related to the services being rendered within the ambit of this RfP.

19.33 Miscellaneous / Others

19.33.1 Bidder is expected to peruse all instructions, forms, terms and specifications in this RfP and its Annexures.

19.33.2 SIDBI shall not be held liable for additional costs incurred during any discussion on contracts or for any work performed in connection therewith.

19.33.3 The offers containing erasures or alterations will not be considered. There should be no hand-written material, corrections or alterations in the offer. Technical details must be completely filled up. SIDBI may treat proposals not adhering to these guidelines as unacceptable and thereby the proposal may be liable to be rejected.

19.33.4 Bidder shall promptly notify SIDBI of any event or conditions, which might delay the completion of project in accordance with the approved schedule and the steps being taken to remedy such a situation.

19.33.5 Bidder shall indemnify, protect and save SIDBI against all claims, losses, costs, damages, expenses, action suits and other proceedings, resulting directly or indirectly from an act or omission of Bidder, its employees, its agents, in the performance of the services provided by contract, infringement of any patent, trademarks, copyrights etc. or such other statutory infringements in respect of all components provided by Bidder as part of the delivery to fulfill the scope of this project.

19.33.6 Any publicity by Xxxxxx in which the name of SIDBI is to be used should be done only with the explicit written permission of SIDBI.

19.33.7 Bidder is obliged to give sufficient support to XXXXX’x staff, work closely with XXXXX’x staff, act within its own authority, and abide by directives issued by SIDBI that are consistent with the terms of the order. Bidder is responsible for managing the activities of its personnel, and will hold itself responsible for any misdemeanours.

19.34 NOTICES

19.34.1 Any notice, request or consent required or permitted to be given or made pursuant to the contract that may be entered into pursuant to this RfP shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent by registered post to such Party at the address specified in the RfP. A Party may change its address for notice hereunder by giving the other Party notice in writing of such change to the address specified in the RfP.

19.34.2 SIDBI reserves the exclusive right to make any amendments/ changes to or cancel any of the above actions or any other action related to this RfP.

Personnel engaged by the bidder for performance of its obligations under the work, shall, for all purpose, including applicability of law and welfare enactments, be the employee/staff of the bidder and they shall have no claim to be appointed in the services of the bank. Bidder shall take suitable measures for them in this regard.

19.34.3 SIDBI has the sole ownership of and the right to use, all data that may be in possession of the successful bidder/ agency or its representative during performing the services under the agreement/contract that may be entered. All documents, report, information, data etc. collected and prepared by xxxxxx in connection with the scope of work submitted to SIDBI will be property of the Bank. The bidder shall not be entitled either directly or indirectly to make use of the documents, reports given by SIDBI for carrying out of any services with any third parties. Successful Bidder shall not without the prior written consent of

SIDBI be entitled to publish studies or descriptive article with or without illustrations or data in respect of or in connection with the performance of services.

19.34.4 No third-party rights. No provision of the RfP the agreement that may be entered into is intended to, or shall, confer any rights on a third-party beneficiary or other rights or remedies upon any person other than the parties hereto; nor impose any obligations on the part of the parties to the agreement towards any third parties."

19.35 Representations and Warranties

To induce SIDBI to enter the Contract/Agreement/RfP, the Vendor/Bidder hereby represents and warrants as of the date hereof, which representations and warranties shall survive the term and termination hereof, the following:

• That the Bidder is a company which has the requisite qualifications, skills, experience and expertise in providing desired service(s) contemplated hereunder to third parties, the technical know-how and the financial where with all, the power and the authority to enter into the Contract / Agreement/RfP and provide the Service(s)/Systems sought by SIDBI.

• That the Vendor/ Bidder is not involved in any major litigation, potential, threatened and existing, that may have an impact of affecting or compromising the performance and delivery of Service(s) /Systems under the Contract/Agreement/RfP.

• That the representations made by the Vendor/ Bidder in its bid are and shall continue to remain true and fulfil all the requirements as are necessary for executing the duties, obligations and responsibilities as laid down in the proposed Contract/Agreement and the Bid Documents and unless SIDBI in writing specifies to the contrary, the Vendor/Bidder shall be bound by all the terms of the bid.

• That the Vendor/ Bidder has the professional skills, personnel and resources/authorizations that are necessary for providing all such services as are necessary to perform its obligations under the bid and the proposed Contract/Agreement.

• That the Vendor/Bidder shall ensure that all assets including but not limited to software’s, licenses, databases, documents, etc. developed, procured, deployed and created during the term of the Bid/Contract/Agreement are duly maintained and suitably updated, upgraded, replaced about contemporary and statutory requirements.

• That the Vendor/ Bidder shall use such assets of SIDBI which SIDBI may permit for the sole purpose of execution of its obligations under the terms of the bid, Tender or the Contract/Agreement. The Bidder shall however, have no claim to any right, title, lien or other interest in any such property, and any possession of property for

any duration whatsoever shall not create any right in equity or otherwise, merely by fact of such use or possession during or after the term hereof.

• That the Vendor/Bidder shall procure all the necessary permissions and adequate approvals and licenses for use of various software and any copyrighted process/product free from all claims, titles, interests and liens thereon and shall keep SIDBI, its directors, officers, employees, representatives, consultants and agents indemnified in relation thereto.

• That all the representations and warranties as have been made by the Vendor/Xxxxxx xxxx xxxxxxx to its bid and Contract / Agreement, are true and correct, and shall continue to remain true and correct through the term of the Contract.

• That the Bidder has the corporate power to execute, deliver and perform the terms and provisions of the Bid/Contract/Agreement and has taken all necessary corporate action to authorize the execution, delivery and performance by it of the bid/Contract/Agreement.

• That all conditions precedent under the Bid/Contract/Agreement has been complied.

• That neither the execution and delivery by the Vendor/Bidder of the Bid/Contract/Agreement nor the Vendor's/ Bidder’s compliance with or performance of the terms and provisions of the Bid/Contract/Agreement

(a) will contravene any provision of any applicable law or any order, writ, injunction or decree of any court or governmental authority binding on the Vendor/ Bidder

(b) will conflict or be inconsistent with or result in any breach of any or the terms, covenants, conditions or provisions of, or constitute a default under any agreement, contract or instrument to which the Vendor/ Bidder is a party or by which it or any of its property or assets is bound or to which it may be subject or

(c) will violate any provision of the Memorandum and Articles of Association of the Vendor/ Bidder.

Annexure-I

Eligibility Bid - Covering Letter

(To be submitted on Prime Bidder’s letter head)

To:

The Deputy General Manager

Small Industries Development Bank of India Promotion & Development Vertical

3rd Floor, Atma Ram House, 0 Xxxxxxx Xxxx,

Connaught Place, New Delhi - 110001

Dear Xxx,

Selection of event management agency for design development & execution of “Swavalamban Bharat Bazaar” at India Gate Lawns.

Tender No. T002194176 dated March 13, 2020

We, the undersigned bidders, having read and examined the aforesaid RfP document in detail, do hereby propose to extend the services as specified in the above- mentioned Tender document and submit the following as per requirement:

1. Bid Price: We have enclosed a Demand Draft/ banker’s cheque of the sum of Rs. Rs.1,000/- plus applicable GST 18% (Rupees One Thousand only + applicable taxes @18%) towards non-refundable bid price for captioned tender.

2. Minimum Eligibility bid, Technical bid and Commercial bid inside separate envelopes, in prescribed formats.

We hereby declare that our bid is made in good faith, without collusion or fraud and the information contained in the bid is true and correct to the best of our knowledge and belief.

We also undertake to have read, understood and accepted the terms and conditions specially those related to evaluation and selection processes mentioned in the RfP except the points mentioned in Annexure-VII (Statement of deviations) in our bid response. Having submitted our response to the aforesaid RfP, we also understand not to have any option to raise any objection against any of the said processes defined in the RfP in any future date. We understand that our bid is binding on us and persons claiming through us and that you are not bound to accept a bid you receive.

Thanking you,

Yours sincerely,

Date:	Signature of Authorised Signatory:
Place:	Name of the Authorised Signatory
	Designation :
	Name of the Organization:
	Seal …

ANNEXURE - II

Application for Selection of event management agency for design development & execution of “Swavalamban Bharat Bazaar” at India Gate Lawns.

Tender No. T002194176 dated March 13, 2020.

(to be submitted on Agency letter head)

Date:

The Deputy General Manager

Small Industries Development Bank of India Promotion & Development Vertical

3rd Floor, Atma Ram House, 0 Xxxxxxx Xxxx, Xxxxxxxxx Xxxxx, Xxx Xxxxx - 000000

We hereby offer to submit our request for Selection of event management agency for design development & execution of “Swavalamban Bharat Bazaar” at India Gate Lawns. as per proposal reference Tender No. T002194176 dated March 13, 2020. We have read and understood the content of RfP and further state that we unconditionally accept and abide by the terms & conditions specified therein.

Brief Profile of our agency is as under:

Sr. No.	Brief Contents	Application has to be submitted
1	Name of the Agency
2	Address, Telephone Numbers and Contact person(s)
	Registered/Head office
	Address of the other offices in the country	Please enclose Separate sheet along with annexure
	Legal status / Constitution of Agency	(Partnership / Pvt. / Pub. Ltd.)
3	Name of the Partners/ Directors
4	Name of the Managing Director, Director, Top Management/ Key personnel contact Person/s Contact Tele/Mob. No. Email ID etc.	May enclose Separate sheet along with annexure
5	Details of Key Personnel of Agency who will be involved / coordinate in setting up of enterprises (with age, qualifications, experience in years), notable skills and achievements etc. Contact Tele. No. Mobile No. Email ID etc.
6	Date of Establishment /incorporation & no. of years in similar business

7	No. and the list of relevant development work being undertaken on similar lines during last 3 years prior to the date of RfP. The relevant order copies to be enclosed.
	With Public Sector xxxxxxxxxxx
	Xxxx Xxxxxxx Sector
	With Public Sector
	Others, if any
	Have you served for SIDBI recently or in past please attach suitable proof.
	Detail of awards, if any received
8	Whether Agency is a Micro Small Medium Enterprise (MSME). If startup, please enclose substantiation documents		YES / NO
9	Infrastructure
	Details of support staff from the Agency
	Are you a full or limited service agency?
	Number of official working (separately for different offices)
	Research / Analysis tool
	Power back up
	Computer hardware and software facilities
	Working days and hours.
	Whether you can provide desired service to SIDBI
	Other details (Attach copy of returns)
	Income Tax No
	Sales Tax No.
	Vat/ Work Contract tax No.
	Service Tax No
	Nature of Main Activity
	Membership with any organizations
	Empaneled as event management agency if any.
10	Turn over Details for last 3 FY	(Rs. in Lakh)
	Year	Gross Turnover
	(Copies of Audited Balance Sheet, Profit & Loss a/c with Auditors Report to be enclosed for last three years)

11	Principal Banker & Their Name
12	PO/DD No:	Drawn on: dated:
	Amount: Rs.1,000/- plus applicable fees @ 18% enclosed as cost / tender fee of RfP
15	For Application for Selection of event management agency for design development & execution of “Swavalamban Bharat Bazaar” at India Gate Lawns.Tender No. T002194176 dated March 13, 2020, the Agency should submit proven established credentials regarding experience in this field in a summary sheet along with this application.
16	Declaration: Self declarations on the firm / Company’s Letter head that there are no outstanding income tax / sales tax dues/other statuary dues.
17	Details of awards and accreditation received (attach proof)
18	Two references from reputed / organizations / institutions
19	Any other information as aligned to Minimum Eligibility Criteria and technical scoring patterns

As per the Terms & Conditions, we have enclosed an account Payee Demand Draft/Pay as mentioned above in favour of “SIDBI” payable at Delhi.

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

I/We certify that if appointed for assignment, I/We shall appoint separate teams for any competing clients who are in same business as SIDBI to avoid clash of interest and maintenance of confidentially.

In case at any stage, it is found that the information given by me/us is false/incorrect, SIDBI shall have the absolute right to take any action as deemed fit, (including termination of contract and/or black list and debar), without any prior intimation to me/us.

Date:

Signature of authorized person for and on behalf

Designation/Seal of Agency

ANNEXURE - III

Minimum Eligibility Criteria – For Application for Selection of event management agency for design development & execution of “Swavalamban Bharat Bazaar” at India Gate Lawns. Tender No. T002194176 dated March 13, 2020

The tendering bidder / service provider / agency should fulfil the following minimum specifications:

Xx.Xx	Financial and other Requirement to be met by the Bidder	Document required for verification (Any Proof)
1	The Bidder should be a registered Corporate/ Firm/ LLP/ Govt. Institution under Indian Laws or /and an autonomous Institution approved by GOI/ RBI promoted / any legal structure.	• Proprietorship firm: Xxxxx Xxxxxx number. • Partnership firm: Certified copy of Partnership Deed. • Limited Liability Company (LLP): Memorandum of LLP • Limited Company: Certified copy of Certificate of must have Incorporation / Certificate of Commencement of Business. • Reference of Act/ Notification
2	The agency must have a minimum average 15 Cr turnover in last 3 years from event management activities in last three years i.e. 2016-17, 2017- 18, 2018-19 (2019-20 may also be considered). Religious Functions/events shall not be considered.	Relevant certificate from Auditor should be submitted separately for both overall and for event management turnover.
3	The net worth of the agency should be positive during each of the previous three financial years i.e., 2016-17, 2017-18, 2018-19 (2019-20 may also be considered).	Copies of the dully audited balance sheet and profit and loss accounts duly certified by auditor along with the auditors to be enclosed.
4	The minimum net worth of agency as on 31 March 2019 should not be less than Rs.1 Cr. (2019-20 may also be considered).	(Agency to provide CA certificate clearly stating net worth)
5	Agency should have executed at least three exhibition / Conferences including Hangers and Stalls / carpeting etc. in last three Years i.e. 2018-19, 2017-18 & 2016-17 (2019- 20 may also be considered). comprising of More Than 10000 Sqmtr of Area.	Necessary work completion certificates / work orders to be submitted.
6	The agency should have handled at least one big event having minimum gathering/participants of 1,00,000 &	Relevant work orders to be submitted in this regard.

	above peoples in single event in last 5 years.
7	Agency should have skilled manpower i.e, Manager, Supervisor, Graphic designers during the event for discussion and execution of event.	Agency to provide profile and experience of manpower, with a declaration that same or equal no of staff will be deployed exclusively for the project. List of contact staff/Labors/daily wage labour not to be included in list.
8	Agency should have experience in development a pavilion of minimum 100 stall size.	Necessary work order in the regard to be submitted.
9	Company Should have organized at least one event at India Gate Lawns in last 3 years (directly / indirectly).	To provide valid proof of Work Done with Photographs and Documents.
10	The Agency should not have been blacklisted/ debarred by any Central/ state government/ public sector undertaking/ Banks and not involved in any major litigation that may affect or compromise the delivery of service required. The agency should not have been penalized or found guilty in court of law.	Self-certification on letterhead to be provided as per Annexure-IV. However, the Bank has the rights to independently verify the same.
11	The Agency should have minimum staff strength of 10 employees / Partners/shareholders/ Long term contract.	Self-certification by the Bidder including list and details of such staff
12	Neither the agency nor its proprietor / directors / partners have/have defaulted to any Bank.	CIBIL report of the agency and its proprietor / directors / partners.
13	The agency should have full-fledged office in New Delhi & NCR.	Recent Address Proof acceptable to the bank
14	The agency should have in-house capability to take up assignment on its own. Joint and collaborative bids will not be accepted.	Self-certification by the Bidder confirming in-house capability to take up the assignment on its own.
15	The agency should have undertaken and completed at least one service contract of value of not less than Rs.1 crore per annum during past 3 years	Copy of work order to be submitted.
16	The agency / bidder should submit a certificate to the effect that the bidder is not owned or controlled by any director/officer/employee of SIDBI or their relatives	Self-certification by the Bidder confirming that the bidder is not owned or controlled by any director/officer/employee of SIDBI or their relatives.
17	Company or its representative nominated tie-up by agency should have a Valid Electrical License.	Copy of valid license to be submitted.

# Disclaimer

Note:

# Incase the desired number of ideas/quotations are not received for any event; SIDBI reserves the right to call for presentations/quotations from agencies under any categories mentioned above.

a. Documentary evidence must be submitted for each criterion.

• SIDBI reserves the right to ask for additional / alternate documents from the bidder.

• The service provider’s meeting the eligibility criteria as laid out above will be taken forward to the next stage of technical evaluation.

• Non - submission of any of the specified documents by the bidder may result in rejection of bid.

• Non- compliance with any of the above conditions by the Service Provider Company / Firm / Agency will automatically render the tender as invalid. If any of the details submitted by bidder are found to be incorrect/ false, then the agency/ firm will be blacklisted.

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

Document Required

Ownership and nature of entity (Public, partnership, subsidiary, etc.).

Income Tax returns for past three years.

Board resolution authorizing the authorized signatory to sign on behalf of the

agency.

Proof of address of registered office & Branch offices.

GST Registration Certificate

ANNEXURE – IV

Date:

The Deputy General Manager

Small Industries Development Bank of India Promotion & Development Vertical

3rd Floor, Atma Ram House, 0 Xxxxxxx Xxxx,

Connaught Place, New Delhi - 110001

Dear Xxx,

Declaration Regarding Clean Track Record Tender No T002194176 dated March 13, 2020

I /we have carefully gone through the Terms & Conditions contained in the Tender No. T002194176 dated March 13, 2020 regarding Selection of event management agency for design development & execution of “Swavalamban Bharat Bazaar” at India Gate Lawns.. We further declare that we are eligible and competent as per the eligibility criteria given by the bank and the information submitted by us in the Annexure – III is true and correct and able to perform this contract as per RfP document.

I/We hereby declare that:

(i) I/we has/have not been debarred/ black listed by any Central Government Ministry / Bank, RBI, IBA / any regulatory authority or any other Government / Semi Government organizations in India during last 3 years from the date of RfP.

(ii) I / We further declare that I / we have not been penalized or found guilty in any court of law and am / are not involved in any major litigation that may have impact or compromise the delivery of services required.

I/we further certify that I am /we are competent officer in my company to make this declaration that our bid and its terms & conditions is binding on us and persons claiming through us and that you are not bound to accept a bid you receive.

We further declare that I am / we are eligible and competent as per the eligibility criteria given by the bank and the information submitted by the company in Annexure – III is true and correct and also able to perform this contract as per RFP document.

Thanking you,

Yours sincerely,

Date	Signature of Authorised Signatory …
Place	Name of the Authorised Signatory …
	Designation …
	Name of the Organisation …
	Seal …

Letter of Competence

(To be executed on a non-judicial stamp paper of worth Rs.100/-)

Selection of event management agency for design development & execution of “Swavalamban Bharat Bazaar” at India Gate Lawns.

Tender No T002194176 dated March 13, 2020

This is to certify that we [Insert name of Bidder], address are fully

competent for design development & execution of “Swavalamban Bharat Bazaar” at India Gate Lawns as per scope mentioned in the above RfP. This bid is being submitted after fully understanding the objectives of the project and requirements of providing services as mentioned in the captioned RfP.

We certify that the quality and number of resources to be deployed by us will be adequate to deliver the services professionally and competently within the prescribed time frame.

We also certify that all the information given by us in response to this RfP is true and correct.

Thanking you,

Yours sincerely,

Date	Signature of Authorised Signatory …
Place	Name of the Authorised Signatory …
	Designation …
	Name of the Organisation …
	Seal …

Letter of Conformity

(To be submitted on Prime Bidder’s company letter head)

The Deputy General Manager

Small Industries Development Bank of India Promotion & Development Vertical

3rd Floor, Atma Ram House, 0 Xxxxxxx Xxxx,

Connaught Place, New Delhi - 110001

Dear Xxx,

Selection of event management agency for design development & execution of “Swavalamban Bharat Bazaar” at India Gate Lawns.

Tender No T002194176 dated March 13, 2020

We, the undersigned bidders, having read and examined the aforesaid RfP document, issued by SIDBI (hereinafter referred as ‘Bank’) do hereby covenant, warrant and confirm as follows:

We hereby agree to comply with all the terms and conditions / stipulations as contained in the RFP and the related addendums and other documents including the changes made to the original tender documents issued by the bank, provided however that only the list of deviations furnished by us in Annexure-VII of the main RfP document which are explicitly clarified by the Bank and communicated to us in writing, shall form a valid and binding part of the aforesaid RFP document.

The Bank is not bound by any other extraneous matters or deviations, even if mentioned by us elsewhere either in our proposal or any subsequent deviations sought by us, whether orally or in writing, and the Bank’s decision not to accept any such extraneous conditions and deviations will be final and binding on us and persons claiming through us.

We also here by confirm that our prices as specified in our Commercial Bid are as per the Payment terms specified in the Tender document.

Thanking you,

Yours sincerely,

Date	Signature of Authorised Signatory …
Place	Name of the Authorised Signatory …
	Designation …
	Name of the Organisation …
	Seal …

(To be submitted on Xxxxxx’x company letter head)

Statement of Deviations

Selection of event management agency for design development & execution of “Swavalamban Bharat Bazaar” at India Gate Lawns.

Tender No. T002194176 dated March 13, 2020

Bidders are required to provide details of all deviations, comments and observations or suggestions in the following format with seal and signature. You are also requested to provide a reference of the page number, state the clarification point and the comment/ suggestion/ deviation that you propose as shown below.

SIDBI may at its sole discretion accept or reject all or any of the deviations. However, it may be noted that the acceptance or rejection of any deviation by SIDBI will not entitle the bidder to submit a revised commercial bid.

Further, any deviation mentioned elsewhere in the response other than in this format shall not be considered as deviation by SIDBI.

List of Deviations
S. N.	Clarification point as stated in the tender document	Page No. In RfP	Section No. in RfP	Comment/ Suggestion/ Deviation
1.
2.
3

<additional rows may be added, if required>

	Signature of Authorised Signatory:
Date
Place	Name of the Authorised Signatory:
	Designation:
	Name of the Organisation:
	Seal:

Seal …

Annexure - VIII

Particulars for Selection of event management agency for design development & execution of “Swavalamban Bharat Bazaar” at India Gate Lawns.

Tender No. T002194176 dated March 13, 2020

COMMERCIAL BID

(to be submitted on their letter head)

Deputy General Manager

Small Industries Development Bank of India Promotion & Development Vertical

3rd Floor, Atma Ram House, 0 Xxxxxxx Xxxx, Xxxxxxxxx Xxxxx, Xxx Xxxxx - 000000

Date:

We hereby offer to submit our request for Selection of event management agency for design development & execution of “Swavalamban Bharat Bazaar” at India Gate Lawns as per proposal reference Tender No. T002194176 dated March 13, 2020. We have read and understood the content of RfP. We unconditionally accept & abide by the terms & conditions specified therein.

Amount in Rs.

Sr. No.	Particulars	Base Cost	Taxes	Total
1	SIDBI stall should contain the following:
	Size: 20*10 Feet.
	Registration desk.
			Two touch kiosks for (Kaun Banega Entrepreneur).
	LED Panel of 8*8 Ft.
					Two LCD Panel for video content display.
	Wooden Flooring.
			Backdrop & side walls designs.
		Office area with sitting arrangements (5 chairs, one table).
	2 round table with 8 chairs.

2	Proper sign boards for entry and exit points along with signages for stalls, parking areas, facilities, F&B, Manufacturing & services area, etc. (As per proposed layout design of SWAVALAMBAN XXXXXX XXXXX)
3	Branding & Promotions:
	• Entrance & Exit Arches (20ft height x 30 ft width). • Venue Branding.
			• Signage/Direction board at parking area (Minimum 25 nos). • Social Media Promotions – 50,00,000 impressions (10 days on FB, Twitter, You tube, Instagram, TikTok).
	• Radio Promotions in Radio Mirchi & Big FM (30 slots per day of 15 seconds each (RODP) for 10 days. (Exact date to be advised on later date)
	• Dhandhebaaj Mascot
	• Two outdoor LED Panel of size (20*10 ft).
			• Mast Head to be common for all stall.
4	One Stall for Help Desk at entrance: Delhi Police, CCTV, Medical Room, Fire Control Room, Traffic police, Information Desk.
5	Each stall will have one backdrop, one table, two chair, one power plug point & facia, booth lighting & carpet flooring. All branding/creatives/designs etc of bazaar to be approved by SIDBI.
6	General lighting within & outside bazaar area
7	Managing parking area.
8	VIP card invite print – 500.

9	Security Services: DFMD at every entry point (one male & female each), Baggage Scanner, Hand Held Scanner, Frisking booth, security manpower during the event etc. arrangements by trained and uniformed, presentable security personnel on shift basis (Male/ Female).
10	One Stall (20ft x 10 ft) for registration desk, F & B coupons counter, common POS machine for all artisans stall counter, etc
11	20 nos. food stall court including kitchen area
12	3-4 selfie points.
13	2-3 nos. public holding area of approximately 1500 - 2000 sq ft feet for general public with ceiling fans & chair.
14	Security Arrangements: CCTV camera set up [Adequate number of camera setup with (Minimum 50 cameras), control panel at police control room] Fire Extinguishers (one per stall, (ABC type) 5nos, 4.5-5Kg fire extinguisher (CO2 type) for open area.
		15	Conservancy & House keeping • Eight sets of container chemical toilet (WC) with mix option (four each for men & women). Each sets of toilets should have 4-5 toilets. • Cleaning of stalls & Bazaar area. • Cleaning of chemical toilets. • Clock room for artisans.
				16	Agency to arrange stay arrangement of stall occupants. Generally, 2 persons per stall to be considered. 4-5 options with cost to be indicated separately in cost sheet. The cost for the same shall be payable separately.
17	Agency to arrange to reimburse travel tickets of the participants on actual basis for second class sleeper coaches/general tickets/bus ticket. The

	actual payment to made on submission of original bills.
18	Common inauguration desk cum cultural and musical areas having 200-300 seats with stage with day wise schedule.
19	Others: Still & Video Photography (200 photos & 4 hrs video recording/day) One Short movie of 5-7 min to be developed. Central PA System/Console – One nos Walkie talkie for SIDBI/Event Managements agency – 10 nos Liaoning to get permissions with government departments, etc. Requisite Permission/ NOC/ Clearance as per requirements – bills/fees payment if any shall be reimbursed on actual basis separately.
		20	Others if any

Bidder may please make note of the following:

1. The costs must be quoted in Indian Rupees.

2. The Price quoted above by the bidder must be valid till 90 days from the last date of submission without change in proposed price. SIDBI will make its best efforts to select a vendor within this period. SIDBI may solicit bidder’s consent to an extension of Proposal validity (but without any modification in the Proposal including proposed price)

3. In case, the commercial is not as per the above format, SIDBI shall have right to reject the bid.

4. No conditions should be stipulated in the commercial bids. The conditional bids shall be rejected.

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

I/We certify that if appointed for assignment, I/We shall appoint separate teams for any competing clients who are in same business as SIDBI to avoid clash of interest and maintenance of confidentially.

In case at any stage, it is found that the information given by me/us is false/incorrect, SIDBI shall have the absolute right to take any action as deemed fit (including termination of contract and or black list and debar), without any prior intimation to me/us.

Date: Signature of authorized person for and on behalf Designation/Seal of Agency

Annexure - IX

Non-Disclosure Agreement

(Sample Format – To be executed on a non-judicial stamped paper of requisite value)

WHEREAS, we, *          * description depends upon legal status of the party, having Registered Office at       , (hereinafter referred to as the COMPANY, which expression shall include its successor and permitted assignees), are agreeable to execute the work of “deployment of Project Management Units to undertake and support XXXXX’x engagements for design development & execution of “Swavalamban Bharat Bazaar” at India Gate Lawns. as per proposal reference Tender No. T002194176 dated March 13, 2020 for Small Industries Development Bank of India, having its Head office at SIDBI Tower, 00 Xxxxx Xxxx, Xxxxxxx, 000000, and office at 3rd Floor, Atma Ram House, 0 Xxxxxxx Xxxx, Xxxxxxxxx Xxxxx, Xxx Xxxxx – 000000 (hereinafter referred to as the BANK) and

WHEREAS, the COMPANY understands that the information regarding the Bank’s Infrastructure shared by the BANK in their Request for Proposal is confidential and/or proprietary to the BANK, and

WHEREAS, the COMPANY understands that in the course of submission of the offer for the said RfP and/or in the aftermath thereof, it may be necessary that the COMPANY may perform certain jobs/duties on the Bank’s properties and/or have access to certain plans, documents, approvals, data or information of the BANK;

NOW THEREFORE, in consideration of the foregoing, the COMPANY agrees to all of the following conditions, in order to induce the BANK to grant the COMPANY specific access to the BANK’s property/information, etc.;

The COMPANY will not publish or disclose to others, nor, use in any services that the COMPANY performs for others, any confidential or proprietary information belonging to the BANK, unless the COMPANY has first obtained the BANK’s written authorisation to do so;

The COMPANY agrees that information and other data shared by the BANK or, prepared or produced by the COMPANY for the purpose of submitting the offer to the BANK in response to the said RfP, will not be disclosed to during or subsequent to submission of the offer to the BANK, to anyone outside the BANK.

The COMPANY shall not, without the BANK’s written consent, disclose the contents of this Request for Proposal (Bid) or any provision thereof, or any specification, plan, pattern, sample or information (to be) furnished by or on behalf of the BANK in connection therewith, to any person(s) other than those employed/engaged by the COMPANY for the purpose of submitting the offer to the BANK and/or for the performance of the Contract in the aftermath. Disclosure to any employed/ engaged person(s) shall be made in

confidence and shall extend only so far as necessary for the purposes of such performance.

If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this agreement shall be interpreted so as best to effect the intent of the parties.

Yours sincerely,

Date	Signature of Authorised Signatory …
Place	Name of the Authorised Signatory …
	Designation …
	Name of the Organisation …
	Seal …

Annexure - X

BANK MANDATE FORM

(To be submitted in Duplicate)

(Please fill in the information in CAPITAL LETTERS. Please TICK wherever it is applicable)

1. Name of Xxxxxxxx / vendor / supplier :                 

Vendor Code (if applicable)                        

2. Address of the Borrower / vendor / supplier :

City   Pin Code

E-mail id:                               Phone No. with STD code:                    Mobile No.:                             Permanent Account Number                  MSE Registration / CA Certificate         

(if applicable)

3. Particulars of Bank account:

Beneficiary Name

Bank Name

Branch Name

Branch Place

Branch City

PIN Code

Branch Code

MICR No.

Account type

Saving

Current

Cash Credit

Account No.

(as appearing in the Cheque book)

(Code number appearing on the MICR1 cheque supplied by the Bank. Please attach a cancelled cheque of your bank for ensuring accuracy of the bank name, branch name & code and Account Number)

IFSC CODE2

For RTGS transfer

For NEFT transfer

4. Date from which the mandate should be effective :

I hereby declare that the particulars given above are correct and complete. If any transaction is delayed or not effected for reasons of incomplete or incorrect information, I shall not hold SIDBI / IDBI Bank responsible. I also undertake to advise any change in the particulars of my account to facilitate updation of records for purpose of credit of amount through RBI RTGS/NEFT.

Place :    Date :   

Signature of the party / Authorized Signatory

………………………………………………………………………………………………………

………

Certified that particulars furnished above are correct as per our records.

Bank’s stamp :

Date :

(Signature of the Authorized Official from the Banks)

N.B.: RTGS/NEFT charges if any, is to be borne by the party

1, 2: Note on IFSC / MICR

Indian Financial System Code (IFSC) is an alpha numeric code designed to uniquely identify the bank-branches in India. This is 11 digit code with first 4 characters representing the bank’s code, the next character reserved as control character (presently 0 appears in the fifth position) and remaining 6 characters to identify the branch. The MICR code, (Magnetic Ink Character Recognition) that appears on cheques, has 9 digits to identify the bank-branch. RBI had since advised all the banks to print IFSC on cheque leaves issued to their customers. A customer may also contact his bank-branch and get the IFS Code of that branch.

Conformity of Hardcopies

(To be submitted on Bidders Company letter head)

Annexure XIII

To

Deputy General Manager

Small Industries Development Bank of India Promotion & Development Vertical

3rd Floor, Atma Ram House, 0 Xxxxxxx Xxxx, Xxxxxxxxx Xxxxx, Xxx Xxxxx - 000000

Date:           

Dear Xxx,

Conformity of Hardcopies

Tender no T002194176 dated March 13, 2020

We, the undersigned bidders, having read and examined bid along with terms & conditions the aforesaid RfP document, issued by SIDBI and hereinafter referred as ‘bank’ do hereby covenant, warrant and confirm as follows.

The soft-copies of the proposal submitted by us in response to the RfP and the related addendums and other documents including the changes made to the original tender documents issued by the Bank, conform to and are identical with the hard-copies of aforesaid proposal submitted by us, in all respects.

Authorized Signatories

Name:                       Designation:                    Company Seal:

Annexure-XIV

Power of Attorney

RfP no T002194176 dated March 13, 2020.

(Sample Format – To be executed on a non-judicial stamped paper of Rs.100/-)

BY THIS POWER OF ATTORNEY executed on                , 2020, We

          , a Company incorporated under the Companies Act, 1956, having its

Registered Office at   (hereinafter referred to as “the

Company”) doth hereby nominate, constitute and appoint <Name>, <Employee no.>, < Designation> of the Company, as its duly constituted Attorney, in the name and on behalf of the Company to do and execute any or all of the following acts, deeds, matters and things, namely :-

Execute and submit on behalf of the Company a Proposal and other papers / documents with ‘Small Industries Development Bank of India’ (“SIDBI”) relating to ‘Tender No T002194176 dated March 13, 2020 for “ for design development & execution of “Swavalamban Bharat Bazaar” at India Gate Lawns.” and to attend meetings and hold discussions on behalf of the Company with SIDBI in this regard.

THE COMPANY DOTH hereby agree to ratify and confirm all whatsoever the attorney shall lawfully do or cause to be done under or by virtue of these presents including anything done after revocation hereof but prior to actual or express notice thereof being received by the person or persons for the time being dealing with the attorney hereunder.

IN WITNESS WHEREOF,                 _ has caused these presents to be executed by                 on the day, month and year mentioned xxxxxxxxxxx.

For and on behalf of the Board of Directors of

WITNESS:

Signature of        

Attested

Annexure-XV

Pre-Contract integrity Pact

(To be submitted on Letter Head of the Company)

1 General

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

      place   on ---- day of the month of -----, 2019 between Small Industries Development Bank of India, having its Head Office at 00, Xxxxx Xxxx, Xxxxxxx – 000000 and inter alia, its Corporate Office at 3rd Floor, Atma Ram House, 0 Xxxxxxx Xxxx, Xxxxxxxxx Xxxxx, Xxx Xxxxx – 000000 (hereinafter called the “SIDBI”, which expression shall mean and include, unless the context otherwise requires, its successors and assigns) of the First Part and M/s ------------- represented by Shri ----, Chief Executive Officer (hereinafter called the “BIDDER” which expression shall mean and include, unless the context otherwise requires, his successors and permitted assigns) of the Second Part.

WHEREAS the SIDBI proposes to appoint event management agency for design development & execution of “Swavalamban Bharat Bazaar” at India Gate Lawns. and the BIDDER is willing to offer/has offered the services and

WHEREAS the BIDDER is a private company/public company/Government undertaking/partnership/ registered export agency, constituted in accordance with the relevant law in the matter and SIDBI is a corporation set up under an Act of Parliament.

NOW, THEREFORE,

To avoid all forms of corruption by following a system that is fair, transparent and free from any influence /prejudiced dealing prior to, during and subsequent to the currency of the contract to be entered into with a view to :-

Enabling SIDBI to obtain the desired said services at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement and

Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and SIDBI will commit to prevent corruption in any form by its officials by following transparent procedures.

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

2 Commitments of SIDBI

2.1 The SIDBI undertakes that no official of the SIDBI, connected directly or indirectly with the contract, will demand, take a promise for or accept, directly or through intermediaries, any bribe, consideration, gift, reward, favour or any material or immaterial benefit or any other advantage from the BIDDER, either for themselves or for any person, organization or third party related to the contract in exchange for an advantage in the bidding process, bid evaluation, contracting or implementation process related to the contract.

2.2 SIDBI 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.

2.3 All the officials of SIDBI will report to the appropriate Government office any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach.

2.4 In case any such preceding misconduct on the part of such official(s) is reported by the BIDDER to SIDBI with full and verifiable facts and the same is prima facia found to be correct by SIDBI, necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may be initiated by SIDBI and during such a period shall be debarred from further dealings related to the contract process. In such a case while an enquiry is being conducted by SIDBI the proceedings under the contract would not be stalled.

3 Commitments of 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-contact stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the following : -

3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any officials of SIDBI, connected directly or indirectly with 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 to any official of SIDBI or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with the Government for showing or forbearing to show favour or disfavor to any person in relation to the contract or any other contract with the Government.

3.3 BIDDERs shall disclose the name and address of agents and representatives and Indian BIDDERs shall disclose their foreign principals or associates.

3.4 BIDDERs shall disclose the payments to be made by them to agents/brokers or any other intermediary, in connection with this bid/contract.

3.5 The BIDDER further confirms and declares to SIDBI that the BIDDER is the original manufacture/integrator/authorized government sponsored export entity of the defence stores and has not engaged any individual or firm or company whether Indian or foreign to intercede, facilitate or any way to recommend to SIDBI or any of its functionaries, whether officially or unofficially to the award of the contract to the BIDDER, or has any amount been paid, promised or intended to be paid to any such individual, firm or company in respect of any such intercession, facilitation or recommendation.

3.6 The BIDDER, either while presenting the bid or during pre-contract negotiations or before signing the contract, shall disclose any payments he has made, is committed to or intends to make to officials of SIDBI or their family members, agents, brokers or any other intermediaries in connection with contract and the details of services agree upon for such payments.

3.7 The BIDDER will not collude with other parties interested in the contract to impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract.

3.8 The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities.

3.9 The BIDDER shall not use improperly, for purposes of competition or personal gain or pass on the others, any information provided by SIDBI as part of the business relationship, regarding plans, technical proposals and business details, including information contained in any electronic data carrier. The BIDDER also undertakes to exercise due and adequate care lest any such information is divulged.

3.10 The BIDDER commits to refrain from giving any complaint directly or through any other manner without supporting it with full and verifiable facts.

3.11 The BIDDER shall not instigate or cause to instigate any third person to commit any of the actions mentioned above.

3.12 if the BIDDER or any employee of the BIDDER or any person acting on behalf of the BIDDER, either directly or indirectly, is a relative to any of the officers of the BUYER or alternatively, if any relative of the officer of SIDBI has financial interest/stake in the BIDDER’s firm, the same shall be disclosed by the BIDDER at the time of filling of tender.

The term ‘relative’ for this purpose would be as defined in Section 2 (77) of the Companies Act, 2013.

3.13 The BIDDER shall not lend to or borrow any money from or enter into any monetary dealings or transactions, directly or indirectly, with any employee of SIDBI.

4 Previous Transgression

4.1 The BIDDER declares that no previous transgression occurred in the last three years immediately before signing of this integrity Pact, with any other company in any country in respect of any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any Government Department in India that could justify XXXXXX’x exclusion from the tender process.

4.2 The BIDDER agrees that if it makes incorrect statement on this subject, XXXXXX can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason.

5 Sanctions for Violations

5.1 Any breach of the aforesaid provision by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER) shall entitle SIDBI to take all or any one of the following actions, wherever required:-

i. To immediately call off the pre contract negations without assigning any reason or giving any compensation to the BIDDER. However, the proceedings with other BIDDER(s) would continue

ii. The Earnest Money Deposit (in pre-contract stage) and /or Security Deposit/Performance Bond) (after the contract is signed) shall stand forfeited

either fully or partially, as decided by SIDBI and SIDBI shall not be required to assign any reason therefore.

iii. To immediately cancel the contract, if already signed, without giving any compensation to the BIDDER

iv. To recover all sums already paid by SIDBI, and in case of Indian BIDDER with interest thereon at 2% higher than the prevailing Prime Lending Rate of State Bank of India, while in case of a bidder from a country other than India with interest thereon at 2% higher than LIBOR. If any outstanding payment is due to the bidder from the buyer in connection with any other contract for any other stores, such outstanding payment could also be utilized to recover the aforesaid sum and interest.

v. To encash the advance bank guarantee and performance bond/warranty bond, if furnished by the BIDDER, in order to recover the payments, already made by SIDBI along with interest.

vi. To cancel all or any other Contracts with the BIDDER, the BIDDER shall be liable to pay compensation for any loss or damage to SIDBI resulting from such cancellation/rescission and SIDBI shall be entitled to deduct the amount so payable from the money(s) due to the BIDDER

vii. To debar the BIDDER from participating in future bidding processes of the buyer or its associates or subsidiaries for minimum period of five years, which may be further extended at the discretion of SIDBI.

xxxx.Xx recover all sums paid in violation of this Pact by XXXXXX(s) to any middleman or agent or broker with a view to securing the contract.

ix. In cases where irrevocable Letters of Credit have been received in respect of any contract signed by SIDBI with BIDER, the same shall not be opened.

x. Forfeiture of Performance Bond in case of decision by SIDBI to forfeit the same without assigning any reason for imposing sanction for violation of this Pact.

5.2 SIDBI will be entitled to take all or any of the actions mentioned at para 6.1(i) to (x) of this Pact also on the commission by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER), of an offence as defied in Chapter IX of the Indian Penal code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption.

5.3 The decision of SIDBI to the effect that a breach of the provision of this Pact has been committed by the BIDDER shall be final and conclusive on the BIDDER. However, the BIDDER can approach the independent Monitor(s) appointed for the purposes of this Pact.

6 Fall Clause

6.1 The BIDDER undertakes that it has not supplied/is not supplying similar products

/systems or subsystems at a price lower than that offered in the present bid in respect of any other Ministry/Department of the Government of India or PSU and if it is found at any stage that similar product/systems or sub systems was supplied by the BIDDER to any other Ministry/Department of the Government of India or a PSU at a lower price, then that very price, with due allowance for elapsed time, will be applicable to the present case and the difference in the cost would be refunded by the BIDDER to the BUYER, if the contract has already been concluded.

7 Independent Monitors

7.1 SIDBI is in the process of appointing Independent Monitors (hereinafter referred to as Monitors) for this Pact in consultation with the Central Vigilance Commission.

7.2 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.

7.3 The Monitors shall not be subject to instruction by the representatives of the parties and perform their functions neutrally and independently.

7.4 Both the parties accept that the Monitors have the right to access all the documents relating to the project/procurement, including minutes of meetings.

7.5 As soon as the Monitor notices or has reason to believe, a violation of the Pact, he will so inform the Authority designated by SIDBI

7.6 The BIDDER(s) accepts that the Monitor has the right to access without restriction to all Project documentation of SIDBI 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 documents. The same is applicable to Subcontractors. The Monitor shall be under contractual obligation to treat the information and documents of the BIDDER/Subcontractor(s) with confidentiality

7.7 SIDBI 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

7.8 The Monitor will submit a written report to the designed Authority of SIDBI within 8 to 10 weeks from the date of reference or intimation to him by SIDBI /BIDDER and should the occasion arise, submit proposals for correcting problematic situations.

8 Facilitation of Investigation

In case of any allegation of violation of any provision of this Pact or payment of commission, SIDBI 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.

9 Law and Place of Jurisdiction

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

10Other Legal Actions

The action 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.

11Validity

11.1 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 both SIDBI and the BIDDER, in case BIDDER is unsuccessful (unsuccessful bidder), this integrity Pact shall expire after six months from the date of the signing of the contract.

11.2 Should one or several provisions of the 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.

12The parties hereby sign this integrity Pact, at             on           SIDBI BIDDER

Name of the Officer

Designation CHIEF EXECUTIVE OFFICER SIDBI

Witness Witness

1.       

2.      

1.         

2.         

Format-I

Particulars in respect of Agency to operate similar contract obtained in the last five years

Sr.	Name		and	Value	of	Date	of	Period of	Details	of
No.	address	of	the	work		award	of	Contract	feedback	/
	client with contact numbers			executed		contract		From	To	appreciation letters (attach
										proof)

Please enclose the copies of work order / agreement and completion certificate from the client (employer) for each of the work.

Format-II

Details of work DONE with other institutions

S. No. Name and address of institution with contact No Category / Type of work for which engaged Registered/ for value of work upto (Rs.) Date of engagement and validity

Please enclose the copies of letter of empanelment of each organization.

Format III

(on letterhead duly stamped and signed)

Date:

TO WHOMEVER IT MAY CONCERN

This is to certify that M/s   is agency

appointed to manage (name of the project)       since           . The performance of the agency is satisfactory during their tenure with us.

Name & Designation of the Signatory

(Duly supported by the rubber stamp of the institution)

Format –IV

Details of Resources / Infrastructure Facilities

1	Details of Manpower
	(a) Manager
	(b) Supervisor
	(c ) skilled workers
	(d) unskilled workers
	(e) Contract/roll/etc
	(f) Long term contract
	(g) Partnership
	(h) Shareholders/etc
2	Details of infrastructure facilities available (details of Inhouse facilities/experience)
3	Any other relevant information.

Format V

Format of Financial Information (Turnover / Profit & Loss, etc.) During last three years)

X.Xx. Financial Year Annual Turnover (in Rs. lakh) Profit / Loss (in Rs. lakh) Net Worth (in Rs.lakh) Documents Enclosed as proof

Note: please enclose copy of Profit & Loss account and Balance Sheet duly audited / certified by CA.