Small Industries Development Bank of India
भारतीय लघु उद्योग विकास बकैं
Small Industries Development Bank of India
प्रत्यक्ष ऋण व्यिसाय की मंजूरी-प्रक्रिया के ऐप्लीके शन में आईटी ससस्टम संबंधी अंतरालों का
अध्ययन करने के सलए परामशदाता की ननयुक्तत के सलए एजसीें की ननयक्ु तत के संबंध में
ससडबी पात्र बोलीकताशओं से मुहरबंद ननविदाएँ के सलए आमंत्रण
Request for Proposal (RFP) for Engagement of a Consultant
for carrying out “GAP Study” of the IT Systems for application to sanction journey of Direct Credit Business
भारतीय लघु उद्योग विकास बकैं
ससडबी टािर, 15, xxxx xxxx, लखनऊ – 226001
उत्तर प्रदेश
SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA SIDBI TOWER, 00, XXXXX XXXX, XXXXXXX – 000000
UTTAR PRADESH
This Request for Proposal (RFP) document, its appendices and annexures are the property of SIDBI. Use of contents of this document, its appendices and annexures, provided to you, are to be made for the sole purpose of responding to this RFP. It may not be otherwise copied, distributed or recorded on any medium, electronic or otherwise, without SIDBI’s express written permission
RFP No. 314/2022/1681/HO1/DCV Issued on January 05,2022 Page:1 of 98
(ननविदा सं: 314/2022 | /1681/HO1/DCV ददनांक January 05 | ,2022) |
(RFP No.: 314/2022/1681/HO1/DCV dated January 05,2022)
1. CRITICAL INFORMATION/ महत्िप
Table of Contents
3. INTRODUCTION AND DISCLAIMERS 7
3.4. Costs to be borne by Respondents 7
3.6. Recipient Obligation to Inform Itself 8
3.8. Acceptance of Terms and Selection Process 8
3.11. Non-Transferable Offer 8
4.2. EARNEST MONEY DEPOSIT (EMD) 10
4.3. Details of SIDBI Account 11
4.4. Performance Bank Guarantee 11
4.5. Public Procurement Policy for MSEs 13
4.8. Amendment to the bidding document 14
4.9. Period of Validity of Bids 15
4.10. Deadline for submission of Bids 15
4.13. Modification And/ Or Withdrawal of Bids 16
4.14. Details of Bids to be submitted 16
4.15. RULES FOR RESPONDING TO THIS RFP 18
4.16. PRE-CONTRACT INTEGRITY PACT (IP) 20
4.17. Erasures or Alterations 20
4.22. Restriction on Procurement due to National Security 21
4.23. No Commitment to Accept Any Offer / Bid 23
6.1. Introduction and Project overview 27
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7.2. Opening of Minimum Eligibility and Technical Bids 32
7.3. Preliminary Examinations 33
7.5. Evaluation of Eligibility Criteria 33
7.6. Evaluation of Technical Bids 37
7.9. Arithmetic errors correction 41
7.10. Final Selection of the eligible bidder 41
8. GENERAL TERMS AND CONDITIONS 43
8.2. Commencement, Completion, modification and Termination of Contract 46
8.3. Obligations of the Consulting Agency 50
8.4. Consulting Agency’s Personnel 54
8.6. Payment to the Consulting Agency 56
8.8. Fairness and Good Faith 58
8.10. Settlement of Disputes 59
8.11. Representation and Warranties 60
8.12. Breaches of Intellectual Property Rights 61
9.1. Annexure –I: Bid Covering Letter 63
9.2. Annexure –II: Minimum Eligibility Bid 64
9.3. Annexure –III: Technical Bid 67
9.4. Annexure –IV: Self Declaration for non blacklisting 71
9.5. Annexure –V: Letter of Competence 72
9.6. Annexure –VI: Power of Attorney 73
9.7. Annexure –VII: Letter of Conformity 74
9.8. Annexure –VIII: EMD / Bid Security Form 76
9.9. Annexure –IX: Non-Disclosure Agreement 78
9.10. Annexure – X: Bank Mandate Form 79
9.11. Annexure – XI: Statement of Deviations 81
9.12. Annexure – XII: Commercial Bid 82
9.13. Annexure – XIII: Performance Bank Guarantee 83
9.14. Annexure-XIV: Pre-Contract Integrity Pact 86
9.15. Annexure XV: Proposed Team Profile 92
9.16. Annexure XVI : Land Border Sharing Declaration 94
9.17. Annexure – XVII: Declaration: No Ownership or Control of SIDBI Directors/ Employees (or relatives)
9.18. Annexure – XVIII: Modalities for submission of E-Bids 96
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1. Critical Information/ महत्िपणू श सचू ना
SNo. ि.सं. | Events / कायिम | Date/ नतथि | Time/ समय | ||
1 | कं पनी का नाम / Name of the Company | Small Industries Development Bank of India (hereinafter referred to as "SIDBI" or "The Bank") | |||
2 | उदेश्य / Purpose | Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Study” of the IT Systems for application to sanction journey of Direct Credit Business | |||
3 | ननविदा संख्या एिं जारी नतथि Tender No & issue date | 314/2022/1681/HO1/DCV dated January 05,2022 | |||
4 | ननविदा का संक्षिप्त वििरर् / Brief description of tender | Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Study” of the IT Systems for application to sanction journey of Direct Credit Business | |||
5 | बोली-पूिग बैठक में स्पष्टीकरर् जानने की अंनतम नतथि / Last date for seeking clarifications for pre-bid meeting | 17 जनिरी 2022/ 17 January 2022 | 1700 hrs | ||
6 | पूि-ग बोली बैठक / Pre-Bid meeting (पूि-ग बोली बैठक के बाद कोई स्पष्टीकरर् नहीं ददया जायेगा no clarifications would be given after pre-bid meeting) | 18 जनिरी 2022 18 January 2022 | 1630 hrs | ||
7 | बोली जमा करने की अंनतम नतथि Last date for submission of bids/ | 27 जनिरी 2022 27 January 2022 | 1400 hrs | ||
8 | बोली / पूिग बोली जमा करने का पता Address for Bid Submission of pre-bid | The General Manager Small Industries Development Bank of India, Direct Credit Vertical SIDBI Tower, 00, Xxxxx Xxxx Xxxxxxx, Xxxxx Xxxxxxx – 000000 Phone: 0522 - 2288546-50, 0522 -4259700 | |||
9 | न्यूनतम पात्रता बोली ि तकनीकी बोली खोलने की नतथि ि समय Date & Time of Opening of Minimum Eligibility bid & Technical bid | 27 जनिरी 2022 27 January 2022 | 1530 hrs | ||
10 | ननविदा शुल्क (गैर-िापसी योग्य और जीएसटी सदहत) Tender Fee (Non-refundable and inclusive of GST) | Rs 5900/- (Rupees Five thousand nine hundred only) | |||
11 | बयाना रासश Earnest Money Deposit | रु 50,000/- रुपये (पचास हज़ार मात्र) Rs 50,000/- (Rupees fifty thousand only) | |||
12 | िाणर्ज्ययक बोली खोलने की नतथि ि समय | बाद में सथू चत ककया जायेगा To be intimated at a later date | |||
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Date and time of opening of commercial bids | ||
13 | बोली की िैधता Bid Validity | बोली जमा करने की अंनतम नतथि से 180 xxx तक| 180 days from the last date of bid submission. |
14 | बोलीदाताओं द्िारा की जाने िाली प्रस्तुनतयााँ Presentations to be made by bidders | बोलीदाताओं से अपेक्षित है कक िे प्रस्तुतीकरर् की व्यिस्िा करें । बोली जमा करने के बाद नतथि की सचू ना दी जाएगी। The bidders are required to arrange for Presentation. Date would be intimated after bid submission. |
15 | ससडबी अथधकाररयों के सपकश वििरण Contact details of SIDBI officials | |
Xxxx Xxxxxx Daw Deputy General Manager Direct Credit Vertical Small Industries Development Bank of India 00, Xxxxx Xxxx Xxxxxxx, Xxxxx Xxxxxxx – 000000 Mobile: 0000000000 | Xxxx Xxxxx Xxxxx Manager Direct Credit Vertical Small Industries Development Bank of India Ground floor, Akash Tower, Delhi Rohtak Road, Bahadurgarh - 124507 Email: xxxxxx@xxxxx.xx Mobile: 0000000000 | |
16 | स्ितंत्र बाहरी ननगरानीकताग (आईईएम) कें द्रीय सतकग ता आयोग द्िारा ननयुक्त / Independent External Monitor (IEM)appointed by the CVC | Shri. Xxxxxxxxx Xxx Xxxxxxxxx, (IRS retd.) 00, Xxx Xxxxxx, Xxxxxxxxx, X.X.Xxxxxxxx, Xxxxxxxxx - 000000 Mob: 9788919555 |
17 | ससडबी की िेबसाइट / Website of SIDBI | |
Note:
1. SIDBI reserves the right to change dates without assigning any reasons thereof. Intimation of the same shall be notified on the Bank's website
2. This bid document is not transferable.
3. 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.
4. Application fee and EMD can be paid online
Bank account details of SIDBI for online fund transfer: Bank: State Bank of India
Branch: Xxxxx Xxxx, Lucknow
Account name – Small Industries Development Bank of India
Account type – Current a/c Account number - 37819113150 IFSC - SBIN0003347
GSTIN & PAN details of SIDBI GSTIN - 00XXXXX0000X0XX PAN - XXXXX0000X
Definitions:
1) SIDBI / Bank shall mean "Small Industries Development Bank of India".
2) RFP shall mean “RFP 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.
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2. Abbreviations
Acronym | Description |
RFP | |
SIDBI | Small Industries Development Bank India |
EMD | Earnest Money Deposit |
DFI | Development Financial Institutions |
IT | Information Technology |
AIFI | All India Financial Institutions |
BG | Bank Guarantee |
PBG | Performance Bank Guarantee |
LOI | Letter of Intent |
POA | Power of Attorney |
LLP | Limited Liability Partnership |
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3. Introduction and Disclaimers
3.1. Preface
3.1.1. This request for proposal document (‘RFP document’ or RFP) has been prepared solely for the purpose of enabling SIDBI to select a Consultant for carrying out Gap analysis between the software systems and business processes from application to sanction.
3.1.2. The RFP document is not a recommendation, offer or invitation to enter into a contract, agreement or any other arrangement, in respect of the services. The provision of the services is subject to observance of selection process and appropriate documentation being agreed between SIDBI and any successful Bidder as identified by SIDBI, after completion of the selection process as detailed in this document.
3.2. 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.
3.3. 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.
3.4. Costs to be borne by Respondents
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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.
3.5. No Legal Relationship
No binding legal relationship will exist between any of the Recipients / Respondents and SIDBI until execution of a contractual agreement.
3.6. 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.
3.7. 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.
3.8. Acceptance of Terms and Selection Process
3.8.1. A Recipient will, by responding to the Bank for RfP, be deemed to have accepted the terms of this RfP.
3.8.2. 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.
3.8.3. All claims for functional / technical delivery made by the bidders in their responses to the RfP shall be assumed as deliverable, within the quoted financials.
3.9. Errors and Omissions
Each Recipient should notify SIDBI of any error, fault, omission, or discrepancy found in this RFP document.
3.10. Proposal Ownership
All the submissions, including any accompanying documents, will become property of the Bank. The Bidders shall be deemed to license, and grant all rights to the Bank, to reproduce the whole or any portion of their Bid document for the purpose of evaluation and to disclose the contents of submission for regulatory and legal requirements.
3.11. Non-Transferable Offer
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This RfP is not transferable. Only the bidder who has submitted the bid will be eligible for participation in the evaluation process.
3.12. Notification
SIDBI will notify all short-listed Respondents in writing or by email as soon as practicable about the outcome of their RfP. SIDBI is not obliged to provide any reasons for any such acceptance or rejection.
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4. Information to Bidders
4.1. Tender form cost
4.1.1. Non-refundable tender form cost of requisite value as specified in “Critical Information” section of RfP by way of Banker’s Cheque/ Demand Draft/ Pay Order drawn on a scheduled bank, favoring ‘Small Industries Development Bank of India’, payable at Lucknow OR direct deposit to SIDBI account and submission of proof along with bid. Details of SIDBI Account are given in Section 4.3
4.1.2. The Bank may, at its discretion, reject any Bidder where the tender form cost has not been furnished with the RFP response.
4.1.3. MSEs registered with National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises (MSMEs) are exempted from bid price.
4.1.4. In the event of tender getting cancelled, the tender form cost will not be refunded. In case the tender is cancelled and re-floated, the bidder who had submitted tender fee against earlier tender will be exempted from payment of bid price.
4.2. Earnest Money Deposit (EMD)
4.2.1. All the responses must be accompanied by a refundable interest free security deposit of requisite value as specified in “Critical Information” section of RFP.
4.2.2. EMD should be in the form of
i. Demand Draft / Pay order / Bankers Cheque in favour of “Small Industries Development Bank of India” payable at Lucknow or
ii. Bank Guarantee (BG) from a Scheduled Commercial Bank valid for a minimum period of 6 months with an additional claim period of 3 months.
The validity of BG should be from the last date of submission of bid and should be in the format as prescribed in Annexure VIII. In case bid submission date is extended the BG also needs to be extended by the bidder or
iii. Direct Deposit to SIDBI, Xxxxxxx Account and submission of proof along with the bid. The details of SIDBI Lucknow Account are given in Section 4.3
4.2.3. Any bid received without EMD in proper form and manner shall be considered unresponsive and rejected. Request for exemption from EMD (Security Deposit) will not be entertained.
4.2.4. The EMD amount / BG (in lieu of EMD) of all unsuccessful bidders would be refunded immediately upon happening of any the following events:
i. Issue of LoI to the successful bidder OR
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ii. The end of the bid validity period, including extended period (if any) whichever is earlier.
4.2.5. Shortlisted Bidder will be refunded the EMD amount / BG (in lieu of EMD) only after submission of PBG.
4.2.6. The bid security (EMD) may be forfeited:
i. If a Bidder withdraws its bids during the period of bid validity
ii. If a Bidder makes any statement or encloses any form which turns out to be false / incorrect at any time prior to signing of the contract
iii. In case of shortlisted Bidder, if a Bidder fails to:
a. Accept the LOI / Purchase Order / Offer Letter or sign the contract Or
b. Furnish the Performance Bank Guarantee within 30 days from the date of acceptance of LoI / Contract Agreement
iv. In all the above cases, the bidder would also be banned for a period of 3 years from subsequent bidding in any of the Banks (SIDBI) tenders.
4.3. Details of SIDBI Account
4.3.1. The payment towards EMD and Tender fee / bid price (as indicated in the tender document) can be submitted through online mode in the following account of SIDBI (Beneficiary) through RTGS/NEFT
Beneficiary Name | Small Industries Development Bank of India (SIDBI) |
Nam of the Bank | State Bank of India |
Branch | Xxxxx Xxxx, Lucknow |
Type of Account | Current |
Account No | 37819113150 |
IFSC | SBIN0003347 |
PAN | XXXXX0000X |
GSTIN | 00XXXXX0000X0XX |
4.3.2. The bidder to submit proof of payment (Payment Receipt Generated and Ref No ) along with the bid.
4.3.3. The Bank would not be liable for Non-submission of proof of deposit, depositing into wrong beneficiary account etc. In all such cases, the bid will be liable to be rejected.
4.4. Performance Bank Guarantee
The selected Bidder should provide an unconditional and irrevocable Performance Bank Guarantee of 10% of the Contract Price from a scheduled commercial bank towards due performance of the contract in accordance with the specifications, terms and conditions of RFP document, within 15 days from the intimation from SIDBI as per the format provided in Annexure XIII. The Performance Guarantee shall be kept valid up to 60 days, beyond the contract period. The EMD/Bank Guarantee of the successful bidder / consultant may be forfeited by SIDBI, if the agency / bidder fails to furnish
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Performance Bank Guarantee within 15 days from the date of selection by the Bank for any reason whatsoever. The cost of performance Guarantee would have to be borne by the successful bidder.
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4.5. Public Procurement Policy for MSEs
4.5.1. Procurement through MSEs will be done as per the policy guidelines issued by the Ministry of Micro, Small & Medium Enterprises vide Gazette notification No. D.L33004/99 dated March 23, 2012 and as amended from time to time.
4.5.2. Ministry of MSE has started Udyog Aadhaar Memorandum which is an online registration system (free of cost) w.e.f. 18th September 2015 and all Micro & Small Enterprises (MSEs) who are having Udyog Aadhaar Memorandum should also be provided all the benefits available for MSEs under the Public Procurement Policy for Micro and Small Enterprises (MSEs), Order 2012.
4.5.3. Purchase preference to MSEs will be given as defined in Public Procurement Policy for Micro and Small Enterprises order, 2012 dated 23.03.2012 issued by Ministry of Micro, Small and Medium Enterprises and its subsequent orders/notifications issued by concerned Ministry, if the bidder wants to avail the purchase preference, the bidder must be the manufacturer of the offered product in case of bid for supply of goods. Traders are excluded from the purview of Public Procurement Policy for Micro and Small enterprises.
4.5.4. MSEs are exempted from paying tender form cost & EMD, subject to furnishing of valid registration certificate issued by relevant registration authority for claiming exemption.
4.6. Clarification of Bids
To assist in the scrutiny, evaluation and comparison of offers/bids, the Bank may, at its sole discretion, ask some or all bidders for clarification of their offer/bid. The request for such clarifications and the response will necessarily be in writing and no change in the price or substance of the bid shall be sought, offered or permitted. Any decision of the Bank in this regard shall be final, conclusive and binding on the bidder.
4.7. Pre-Bid Meeting
4.7.1. The Bank shall hold a pre-bid meeting on the date and time mentioned in ‘Critical Information’ section above. 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.
4.7.2. Clarification sought by bidder should be as per format given in Section 4.6.7, made in writing (Letter/e-mail) along with details of vendor (name, company name, email id and mobile no.) 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.
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4.7.3. All pre-bid queries to be addressed to the bank officials as per contact details given in ‘Critical Information’ section of RfP. The designated email id for submission of the pre bid queries is XXX@XXXXX.XX
4.7.4. The bidders can attend pre-bid meeting online through Microsoft Teams, due to current Covid-19 situation. In-order to schedule the meeting and forward invitation the bidders are required to communicate the following details addressed to Bank officials:
i. Details of bidders such as Name of Participant, Company Name, email ID and Mobile No.
ii. The Bank would be able to connect only two online session per bidder.
iii. The Bank will not be responsible for any issue in connectivity, audio/video quality etc.
4.7.5. 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) after the pre-bid meeting. It would be responsibility of the bidder to check the websites before final submission of bids.
4.7.6. 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.
4.7.7. The format for submission of pre-bid clarifications is as under:
Sr No | Page no of RfP | Clause No of RfP | Bidder Query |
4.8. Amendment to the bidding document
4.8.1. The Bank reserves the right of discretion to:
a. Amend, rescind or reissue the RfP, at any time prior to the deadline for submission of bids
b. Change, modify, add or alter any or all of the provisions of this RfP and / or the bidding process, without assigning any reasons whatsoever.
4.8.2. The Bank, for any reason, whether, on its own initiative or in response to a clarification requested by a prospective Bidder, may modify the RFP, by amendment which will be made available to the Bidders by way of corrigendum/addendum.
4.8.3. All such Changes /Corrigendum’s/ Addendums and clarification, if any, related to RfP will be posted/uploaded on the bank website (xxx.xxxxx.xx) and Central Public Procurement Portal (xxxxxxxx.xxx.xx) only and it will become part and parcel of RfP. No individual communications would be made in this respect.
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4.8.4. Interested Bidders are advised to check the Bank’s website regularly till the date of submission of Bid document specified in the ‘Critical Information’ Section and ensure that clarifications / amendments issued by the Bank, if any, have been taken into consideration before submitting the Bid. Such amendments/ clarifications/changes/addendums, if any, issued by the Bank will be binding on the participating Bidders. Bank will not take any responsibility for any such omissions by the Bidder.
4.8.5. 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.
4.8.6. Nothing in this RFP or any addenda/corrigenda or clarifications issued in connection thereto is intended to relieve Bidders from forming their own opinions and conclusions in respect of the matters addresses in this RFP or any addenda/corrigenda or clarifications issued in connection thereto.
4.9. Period of Validity of Bids
4.9.1. Prices and other terms offered by Bidders must be firm for an acceptance period as mentioned in “Critical Information” section, from date of closure of this RfP.
4.9.2. 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. Any extension of validity of Bids or price (if applicable) will not entitle the Bidder to revise / modify the Bid document.
4.9.3. Bank, however, reserves the right to call for fresh quotes at any time during the period, if considered necessary.
4.10. Deadline for submission of Bids
4.10.1. The bids must be received by the Bank at the specified address not later than the date &
time specified in “Critical Information”.
4.10.2. In the event of the specified date for the submission of bids, being declared a holiday for the Bank, the bids will be received upto the appointed time on the next working day.
4.10.3. The 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.
4.11. Late Bids
Any bid received by the Bank after the deadline for submission of bids prescribed by the Bank will be rejected and returned unopened to the bidder.
4.12. Language of Bid
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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.
4.13. Modification And/ Or Withdrawal of Bids
4.13.1. 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.
4.13.2. The Bidder modification or withdrawal notice shall be prepared, sealed, marked and dispatched. A withdrawal notice may also be sent to xxx@xxxxx.xx and followed by a signed confirmation copy received by the Bank not later than the deadline for submission of bids.
4.13.3. No bid may be modified or withdrawn after the deadline for submission of bids.
4.13.4. 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.
4.14. Details of Bids to be submitted
4.14.1. The bid shall consist of Pre-qualification / minimum eligibility criteria, Technical Bid and Commercial Bid.
4.14.2. Bidders are required to submit their responses in non-window sealed envelops and duly marked the tender number and the content details.
4.14.3. The RFP response documents should be submitted in paper copies of the following:
i. Envelope 1: (2 sets – 1 Original + 1 Photocopy)
A sealed envelope containing full particulars of eligibility criteria (should be super scribed "ELIGIBILITY CRITERIA for Engagement of a Consultant for carrying out “GAP Analysis” for the application to sanction journey of Direct Credit Business”.
A. Sub Envelope 1 should contain the application money demand draft and should be super scribed as "APPLICATION MONEY FOR Engagement of a Consultant for carrying out “GAP Analysis” for the application to sanction journey of Direct Credit Business "
B. Sub Envelope 2 should contain the EMD - demand draft OR BANK GUARANTEE and should be super scribed as "EARNEST MONEY DEPOSIT FOR Engagement of a Consultant for carrying out “GAP Analysis” for the application to sanction journey of Direct Credit Business ".
ii. Envelope 2 (2 sets – 1 Original + 1 Photocopy)
A sealed envelope containing Technical Bid documents should be super scribed "TECHNICAL BID FOR Engagement of a Consultant for carrying out “GAP Analysis” for the application to sanction journey of Direct Credit Business". The envelope should contain sub-envelope with the following:
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Sub Envelope 1 should contain the hard copy of the Technical Bid documents and should be super-scribed "TECHNICAL BID FOR ENGAGEMENT OF AN AGENCY FOR Engagement of a Consultant for carrying out “GAP Analysis” for the application to sanction journey of Direct Credit Business "
iii. Envelope 3:
A sealed envelope containing soft copy of the eligibility criteria and technical criteria submitted in a pen drive and should be superscribed "SOFT COPY OF ELIGIBILITY CRITERIA & TECHNICAL BID FOR Engagement of a Consultant for carrying out “GAP Analysis” for the application to sanction journey of Direct Credit Business ".
Scan copy in PDF format of all the documents submitted as paper copies to be put on pen drive.
iv. Envelope 4:
A sealed envelope containing Financial Bid Document should be super scribed "FINANCIAL BID FOR Engagement of a Consultant for carrying out “GAP Analysis” for the application to sanction journey of Direct Credit Business ".
v. Envelope 5:
The above FOUR envelopes should be put together in a FIFTH envelope super scribing “Engagement of a Consultant for carrying out “GAP Analysis” for the application to sanction journey of Direct Credit Business".
4.14.4. The proposal should be prepared in English in MSWord / Excel/ PDF format. All correspondence will be in English. All forms may please be filled in Arial 12 Font in double spacing format. The Bid shall be typed in indelible ink and shall be signed by the Bidder or a person or persons duly authorized by the Bidder to bind the Bidder to the contract. The person or persons signing the Bids shall initial all pages of the Bids. Any interlineations, erasures or overwriting shall be valid only if they are initialed by the person signing the Bids. The Bank reserves the right to reject the Bids not conforming to the above.
4.14.5. The contact details of the bidders must be mentioned on all envelopes.
4.14.6. The Bidder shall submit the proposals/Bid properly in a file that the papers are not loose. All the pages of the proposals including documentary proofs should be numbered as “Page #".
4.14.7. It should be noted that in case of any discrepancy in information submitted by the Bidder in hard-copy and soft-copy, the hard-copy will be given precedence.
4.14.8. Only one submission of the RFP response by each Bidder will be permitted. In case of multiple submissions by the Bidder, the first submission made will be given precedence except in conditions indicated in Section 4.15(iv) hereunder.
4.14.9. Responses should be concise and to the point. Relevant documents must be submitted as proof wherever necessary. Submission of irrelevant documents must be avoided. If
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the bids do not contain all the information required or is incomplete, the proposal is liable to be rejected.
4.14.10. Any deviations from the specifications should be clearly brought out in the bid.
4.14.11. The offers containing any inter‐lineation, erasure or overwriting shall be valid only if they are duly signed by the authorized signatory and supported by a rubber stamp impression of the Bidders’ firm. There should be no hand-written material, corrections or alterations in the offer.
4.14.12. The Bid document shall be bound or filed.
4.14.13. The bidder to note that, under no circumstances the Commercial Bid should be kept in Technical Bid Covers. The placement of Commercial Bid in Minimum Eligibility / Technical Bid covers will make bid liable for rejection.
4.14.14. Each of the envelope(s) shall be addressed to the Bank at the address given below:
The General Manager
Small Industries Development Bank of India, Direct Credit Vertical
SIDBI Tower, 00, Xxxxx Xxxx Xxxxxxx, Xxxxx Xxxxxxx – 000000 xxx.xxxxx.xx
Phone: 0522 - 2288546-50 , 0522 – 4259700
4.14.15. Submission of E-bids is also allowed. Modalities for submission of E-bids is attached as
Annexure XVIII.
4.15. Rules for responding to this RFP
i. The Bidders should use the formats prescribed by the Bank in submission of the RFP Response.
ii. All responses received after the due date/ time as mentioned in advertisement would be considered late and would be liable to be rejected.
iii. Documents not required as part of the Tender should not be provided.
iv. All bid responses would be deemed to be irrevocable offers/ proposals from the Bidders and may be accepted by the Bank to form part of final contract between the Bank and the selected Bidder. Unsigned responses would be treated as incomplete and are liable to be rejected. The bids once submitted cannot be withdrawn/ modified after the last date for submission of the bids unless specifically permitted by the Bank.
v. The Bank reserves the right whether or not to allow/ permit changes in the technical requirements and whether or not to evaluate the offer in case of non-submission of the technical details in the required format or partial submission of technical details.
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vi. The Bidder at no point in time can excuse themselves from any claims by the Bank whatsoever for their deviations in confirming to the terms and conditions and other schedules as mentioned in the RFP circulated by the Bank. The Bidder shall be fully responsible for deviations to the terms & conditions etc. as proposed in the RFP.
vii. If related parties (as defined below) submit more than one bid then both/all bids submitted by
related parties are liable to be rejected at any stage at the Bank’s discretion:
a. Bids submitted by the holding company and its subsidiary
b. Bids submitted by one or more companies having common director/s
c. Bids submitted by one or more Limited Liability Partnership (LLP) firms having common partners
d. Bids submitted by one or more companies in the same group of promoters/ management
e. Any other bid, the Bank in the sole discretion decides is in the nature of multiple bids.
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4.16. Pre-Contract Integrity Pact (IP)
4.16.1. Central Vigilance Commission (CVC) vide circular no. 015/VGL/012/-276469 dated 25.02.2015 has directed adoption of Integrity pact in Public Sector Banks.
4.16.2. Pre-Contract Integrity Pact 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.
4.16.3. Only those bidders who have entered into such an integrity pact with the buyer would be competent to participate in the bidding. In other Words, entering into this pact would be a preliminary qualification (Minimum Eligibility). Those bids not containing the Integrity pact are liable to be rejected.
4.16.4. The integrity pact in respect of a particular contract would be effective from the stage of invitation of bids till the complete execution of the contract.
4.16.5. The bidder has to submit signed Pre-Contract Integrity Pact as per the format at Annexure- XIV on non-judicial stamp paper of requisite value (to be borne by the bidder) applicable at the place of its first execution along with the minimum eligibility bid.
4.16.6. The Integrity pact shall be signed by the person who is authorised to sign the bid along with witness.
4.16.7. The details of IEM are:
Name | Xxxx Xxxxxxxxx Xxx Xxxxxxxxx, IRS (Retd.) |
Email ID | |
Contact Number | 97889 19555 |
Address | 00, Xxx Xxxxxx, Xxxxxxxxx, X X Xxxxxxxx, Xxxxxxxxx 000000 |
4.17. Erasures or Alterations
The offers containing erasures or alterations will not be considered until it is duly signed and stamped by the authorized signatory. There should be no hand-written material, corrections or alterations in the offer. Technical details must be completely filled in. Correct technical information of the product being offered must be filled in. Filling up of the information using terms such as “OK”, “accepted”, “noted”, “complied”, “as given in brochure / manual is not acceptable. The Bank may treat such offers as not adhering to the tender guidelines and as unacceptable
4.18. 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.
4.19. Authorised Signatory
4.19.1. The bidder should submit power of attorney as per the format given in Annexure-VI OR a certified copy of the resolution of their board, authenticated by the Company Secretary,
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authorizing an official or officials of the bidder to sing the bid documents, to discuss, sign agreements /contracts / purchase order with the Bank, raise invoice and accept payments and also to correspond.
4.19.2. The proposal / bid documents shall be duly signed by the authorized signatory (in whose favour Power of Attorney is issued)
4.19.3. The bid signed by authorized signatory would be biding on the xxxxxx xxxxxxx.
4.20. Opening of Bids
4.20.1. 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 in the meeting shall sign a document evidencing their attendance.
4.20.2. 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 it will be deemed that such bidder is not interested to participate in the opening of the Bid/s and the bank at its discretion will proceed further with opening of the technical bids in their absence.
4.20.3. The Bidder name and presence or absence of requisite EMD, tender form cost (if any) and such other details as the Bank, at its discretion may consider appropriate will be announced at the time of technical bid opening. No bid shall be rejected at the time of bid opening, except for late bids which shall be returned unopened to the Bidder.
4.20.4. 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.
4.21. Sub-contracting
The Bank expects a single bidder having in-house capabilities to deliver the scope as per the Terms of Reference. Formation of consortium or association of consultants or sub- contracting of services in whole or part with other firms shall not be permitted. In case the consultant / bidder is found to not possess the requisite capabilities, it will be summarily disqualified from the process for this assignment.
4.22. Restriction on Procurement due to National Security
Any bidder from a country sharing a land border with India will be eligible to bid in this tender only if the bidder is registered with the Department for Promotion of Industry and Internal Trade (DPIIT). A copy of the valid Certificate as per the Annexure XVI given in RfP to be attached with the Bid. Vide Ministry of Finance OM No. 6/18/2019-PPD dated 23rd July 2020.
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Reference is made to Government of India order F. No. 7/86/2020/BOA-I dated 07.08.2020 on restrictions on procurements from bidders from a country or countries, on grounds of defense in India, or matters directly or indirectly, related thereto, including national security.
i. Any bidder from a country which shares a land border with India will be eligible to bid in this tender only if the bidder is registered with the Competent Authority.
ii. "Bidder" (including the term 'tenderer', 'consultant' or 'service provider' in certain contexts)means any person or firm or company, including any member of a consortium or joint venture (that is an association of several persons, or firms or companies), every artificial juridical person not falling in any of the descriptions of bidders stated hereinbefore, including any agency branch or office controlled by such person, participating in a procurement process.
iii. “Bidder from a country which shares a land border with India" for the purpose of this Order means: -
a. An entity incorporated, established or registered in such a country; or
b. A subsidiary of an entity incorporated, established or registered in such a country; or
c. An entity substantially controlled through entities incorporated, established or registered in such a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or.
f. A natural person who is a citizen of such a country; or
g. A consortium or joint venture where any member of the consortium or joint venture falls under any of the above
iv. The beneficial owner for the purpose of 3 above will be as under:
In case of a company or Limited Liability Partnership, the beneficial owner is the natural person(s), who, whether acting alone or together, or through one or more juridical person, has a controlling ownership interest or who exercises control through other means.
Explanation
a. "Controlling ownership interest" means ownership of or entitlement to more than twenty-five per cent. of shares or capital or profits of the company;
b. "Control" shall include the right to appoint majority of the directors or to control the management or policy decisions including by virtue of their shareholding or management rights or shareholders agreements or voting agreements;
i. In case of a partnership firm, the beneficial owner is the natural person(s)· who, whether acting alone or together, or through one or more juridical person, has ownership of entitlement to more than fifteen percent of capital or profits of the partnership;
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ii. In case of an unincorporated association or body of individuals, the beneficial owner is the natural person(s), who, whether acting alone or together, or through one or more juridical person, has ownership of or entitlement to more than fifteen percent of the property or capital or profits of such association or body of individuals;
iii. Where no natural person is identified under (i) or (ii) above, the beneficial owner is the relevant natural person who holds the position of senior managing official;
iv. In case of a trust, the identification of beneficial owner(s) shall include identification of the author of the trust, the trustee, the beneficiaries with fifteen percent or more interest in the trust and any other natural person exercising ultimate effective control over the trust through a chain of control or ownership.
v. An Agent is a person employed to do any act for another, or to represent another in dealings with third person.
vi. The successful bidder shall not be allowed to sub-contract works to any contractor from a country which shares a land border with India unless such contractor is registered with the Competent Authority.
vii. The bidder must submit an undertaking (format enclosed in the Annexure – XVI of RfP) along with the eligibility bid duly signed by authorized signatory.
4.23. No Commitment to Accept Any Offer / Bid
4.23.1. The Bank reserves its right to reject any or all the offers without assigning any reason thereof whatsoever.
4.23.2. The Bank will not be obliged to meet and have discussions with any bidder and/ or to entertain any representations in this regard.
4.23.3. The bids received and accepted will be evaluated by the Bank as per the evaluation process mentioned in this document. However, the Bank does not bind itself to accept any or all Bids and reserves the right to reject any or all bids at any point of time prior to the order without assigning any reasons whatsoever.
4.23.4. The Bank reserves the right to re-tender or cancel the bidding process at any stage of the bidding process.
4.24. Contacting the Bank
4.24.1. Bidder shall NOT contact the Bank on any matter relating to its Bid, from the time of opening of Bid to the time a communication in writing about its qualification or otherwise received from the Bank.
4.24.2. 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.
4.25. Right to Reject Bids
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4.25.1. The Bank reserves the absolute and unconditional right to reject the response to this RFP if it is not in accordance with its requirements and no correspondence will be entertained by the Bank in the matter.
4.25.2. The bid is liable to be rejected due to occurrence of the following conditions:
a. It is not in conformity with the instructions mentioned in the RFP document.
b. It is not accompanied by the requisite tender form cost and / or EMD.
c. It is not properly or duly signed.
d. It is received through Telex / telegram / fax.
e. It is received after expiry of the due date and time.
f. It is incomplete including non-furnishing of the required documents.
g. It is evasive or contains incorrect information.
h. There is canvassing of any kind.
i. It is submitted anywhere else other than the place mentioned in the RFP.
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5. Background
5.1. Introduction
Since its inception, SIDBI has been playing an active role in promoting MSME sector and provided direct and indirect financial support to entrepreneurs for setting up of new enterprise as well as expansion/diversification/modernization of their existing enterprises.
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.
SIDBI envisions to strengthen enterprise ecosystem through interventions and engagements, which are innovative, inclusive and impactful. SIDBI has always initiated a host of measures on policy advocacy, developmental approaches, handholding MSEs, exposure programs and creating financial linkages, to foster entrepreneurship culture in the country along with aligning its operation in National interest.
5.2. Direct Finance
SIDBI provides direct credit to MSMEs mainly to fill credit gaps in the MSME sector through demonstrative and innovative lending products, which can be further scaled up by the Banking system. Direct Finance portfolio outstanding stood at Rs 11581 crore as of March 2021, as compared to Rs 9867 crore as of March 2020. During FY2021, the Bank focused on ensuring uninterrupted flow of credit to MSMEs, especially to those engaged in fighting the pandemic and in implementation of relief measures announced by RBI.
Operational set up for direct finance operations is as given under:
Regional Offices | 10 |
Branch Offices | 82 including 8 branches of North East Region. |
Express Loan Service Centres (Loan Processing Cell) | 6 |
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Stressed Asset Recovery Branches (SARB) | 3 |
Further, the Bank has taken steps like widening reach, diversifying base, faster delivery and retention of good customers to increase the direct lending portfolio.
Business enablers under Direct Finance
⮚ Tie-ups with OEMs / Industry Associations: The Bank has entered in Credit Delivery Arrangements (CDA) with 58 machinery suppliers and six industry Associations to accelerate Credit delivery to MSMEs.
⮚ Promoting Renewable energy usage: to give xxxxxxx to adoption of cleaner energy among MSMEs, the Bank has entered into partnership with three OEMs in the solar power sector.
⮚ Launch of New & Quick Deliverable Products: The Bank launched four new products, mainly focused on helping MSMEs fight the pandemic. These products catered mainly to small borrowers, with average TAT of five days.
⮚ Sustainable Development: The Bank has been operating focused lending schemes for promoting investment in clean production and energy efficient technologies / production processes under bilateral line of credit from international agencies such as JICA, AFD and KfW.
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6. Scope of Work
6.1. Introduction and Project overview
Financial support to MSMEs is provided by SIDBI by way of (a) Indirect finance to Banks, Financial Institutions and other financial intermediaries for onward lending to MSMEs and (b) Direct finance by SIDBI to MSMEs.
Though SIDBI has been extending credit flow / financial support to MSMEs through various channels viz. Direct Finance, Indirect finance to Banks, FIs, other financial intermediaries for onward lending to MSMEs etc., a need is felt to transform business under direct finance portfolio by identification of gaps where digital interventions can provide solutions helping to further accelerate and strengthen the credit delivery process for extending financial assistance to enterprises under micro, small and medium sector [MSMEs] for meeting their requirements.
SIDBI is seeking to engage services of a consultant / team of consultants (referred to as the Consultant) which has experience of transforming such businesses and provide support to SIDBI in achieving their targets by way of identifying gaps where digital interventions can provide solutions under Direct Finance Portfolio as indicated above.
The Bank is in the process of implementing end-to-end digitization of the direct finance lending operations of the Bank and has successfully implemented various digital processes in the journey.
Pre-origination:
In addition to business development and walk-in customers, the Bank receives leads from various sources. Leads are entered and allocated to a Relationship Manager at SIDBI Branches through a Lead Management Software, which also allows to record various stages and activities in the process. Additionally, a module for carrying out basic sanity checks to enable the branch official to decide on an enquiry / lead is available which provides for checking / generating CIBIL scores (CMR, commercial & consumer reports), due diligence searches on wilful defaulter, caution advice, CRILC, suit filed accounts, UN terrorist list, fraud check, defaulter lists, NeSL IU Credit Facility Report etc.
Origination:
SIDBI has an online application portal where digital journey of the customer starts with providing some basic information, upload of ITR, consent based fetching of GST information, upload of bank statements. The loan application is designed based on size and type of loan requested (simple for small ticket and machinery loans and little detailed for larger loans) and is pre-filled at multiple sections for ease of entry. Customer uploads various necessary documents (with downloadable sample formats) and KYC documents. The completed application along with the uploaded annexures are e-signed by the applicant on submission. The customer can track progress of the application through the portal.
The e-signed application is bundled with analysis of the information from ITR, GST, bank statements, MCA data, CIBIL reports and scores of the Entity and promoters / partners /
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directors, auto due diligence searches of the Entity and its promoters / partners / directors, NeSL IU credit facility report to branch officials.
KYC:
The information of the Enterprise and its Beneficial Owners along with the KYC documents of the Legal Entity flow automatically into the KYC module, for verification. E-KYC of the natural persons are carried out through biometric mode either at the customers location or branch offices. Automatic PAN validation through NSDL is also carried out.
Underwriting:
SIDBI’s in-house developed SMART software is used for inward, appraisal (designed based on loan amount and complexity), credit rating and the sanction process. The information is auto fetched from the online application. Other credit appraisal support software like valuation (with valuer’s web portal), title investigation report (TIR) and CRISIL RAM Rating assist in the journey. Enhanced assessment tools through usage of ITR, GST, bank statement and MCA data analysis, Jocata SWARA GST DNA and Business Intelligence Reports (BIR) help in quicker sanction and better risk assessment and pricing. To aid STP, the customer information is auto created in CIF module of Flexcube software.
Documentation:
An in-house developed Loan Documentation software has been developed to auto-generate Legal documents like LOI, Loan agreement, Hypothecation, Deed of Guarantee etc., by fetching information from SMART software. This has been implemented for machinery loans and is being expanded to include other schemes of the Bank.
Digital Document Execution (DDE):
In order to provide contactless and expeditious service to MSMEs, the Loan Documentation software is integrated with core services provided by National E-Governance Services Limited (NeSL) for digital execution of legal documents (single window concept from execution of a document, stamping, signing and automated transfer of the executed document)
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6.2. Scope of work
The scope of work and deliverable for the bidder includes, but not limited to, the following:
1. Study and review the various software systems/applications associated with the credit lending journey from pre-origination to sanction and identify the gaps where digital interventions can provide solutions.
2. The objective would be to smoothen the credit lending journey and reducing the TAT and improve throughput existing credit delivery / monitoring processes, software systems/applications.
3. Suggest suitable digital solutions to address these gaps and provide a roadmap to implement the same. The report should focus on and provide necessary suggestions on the following
a. seamless flow of information between the different processes handled by the software systems.
b. UI/UX for external customers and Internal users
c. Ease of use
d. Optimisation of screens
4. Drawing from existing tools and additional plugins, the consultant is required to suggest architecture or design for upscaling into an automated decision system to reduce manual intervention to bare minimum in respect of small size loans (say upto
`3 or 5 crore) for MSMEs having at least two years balance sheet.
5. The report should provide project / initiative proiritisation like must have, should have, nice to have etc.
6. The consultant would be required to specify various software tools to optimise the planning, management, development and deployment processes. Optimisation of system design, architecture could be suggested
7. The consultant would be required to conduct 2 – 3 workshops with various stakeholders as part of the engagement. The consultant would suggest solutions wherever required after active discussion with stakeholders.
6.3. Exclusions
The engagement will not cover the following:
a. Code review for optimization (however tools can be suggested)
b. This will exclude Information Security assessment or audit of existing solutions (however tools and architecture of solutions suggested as part of this initiative should be carried out considering security aspects).
c. This will not be a database tuning exercise.
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6.4. Deliverables
6.4.1. The selected Bidder is expected to deliver specified outcomes within a period of 6 weeks after the start date. The indicative time frame is as given under:
Sl No | Deliverables |
1 | The bidder should submit first AS-IS Report which includes a. Review all the various software and flow from each module to one another in the application to sanction process to tap/identify gaps where improvement can be done. |
2 | The bidder should submit Gap Study Report which includes a. Key Findings through the study. It should be through comparison of current processes and industry best practices including discussions with stakeholders. b. Identification and Analysis of gaps c. Identify digital solutions against these gaps by way of improvement in existing process/software applications or by way of introducing a new solution |
3 | The bidder should submit draft of final report which includes a. Recommend solution/improvements in existing credit application / software systems to automate the manual tasks undertaken in the credit delivery process and refinement/improvement in the existing digital framework. b. Formulate a list of digital initiatives with Must Have, Nice to have with solutions and alternatives. c. Devise a strategy to implement suggested digital solutions. d. Drawing from existing tools and additional plugins, the consultant is required to suggest architecture for upscaling into an automated decision system to reduce manual intervention to bare minimum in respect of small size loans (say upto `3 or 5 crore) for MSMEs having at least two years balance sheet. e. Specify tools for improvement in the software design, delivery, testing, deployment and maintenance / monitoring. f. Make presentation to SIDBI management, as may be required by SIDBI |
4 | The bidder should submit detailed final report after taking into account the feedback provided by SIDBI. The report should be in .doc/.docx format and should not be in .ppt / .pdf format. |
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6.4.2. Presentation to Management
The consultant will be expected to make a comprehensive presentation, on submission of each report, to SIDBI. It is expected that the consultant will deliver the output as per the time schedule. It may also be noted that progress on deliverables would in any case be on parallel rather than sequential basis.
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7. Evaluation Methodology
7.1. Evaluation process
7.1.1. 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.
a) Eligibility Criteria
b) Technical Bid
c) Commercial Bids
7.1.2. The Bank shall evaluate first the ‘Eligibility Criteria’ bids and based on its evaluation, ‘Technical Bids’ shall be undertaken for evaluation 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 70% and Relative Commercial Bid Score a weightage of 30%.
7.1.3. 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.
7.1.4. All the documentary proofs are to be submitted along with the bid in this regard.
7.1.5. Bidders must not present any reference as credential for which it is not in a position to present the verifiable facts/documents. SIDBI would not consider any statement as a credential if same cannot be verified as per its requirement for evaluation.
7.1.6. During evaluation, Bank at its discretion can ask the bidders for clarifications.
7.1.7. Bank may waive off any minor infirmity or nonconformity or irregularity in a bid, which does not constitute a material deviation, provided such a waiving, does not prejudice or affect the relative ranking of any bidder.
7.1.8. 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.
7.2. Opening of Minimum Eligibility and Technical Bids
7.2.1. Bids, except commercial bids, received within stipulated time, shall be opened as per schedule given in the ‘Critical information’ sheet.
7.2.2. 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.
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7.2.3. 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.
7.2.4. The Bidder name, presence or absence of requisite EMD and such other details as the Bank, at its discretion may consider appropriate will be announced at the time of bid opening.
7.2.5. 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.
7.3. Preliminary Examinations
7.3.1. 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.
7.3.2. 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.
7.3.3. Prior to the detailed evaluation, the Bank will determine the substantial responsiveness of each Bid to the Bidding document. For 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, 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.
7.3.4. 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.
7.3.5. 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.
To assist in the scrutiny, evaluation and comparison of offers/bids, the Bank may, at its sole discretion, ask some or all bidders for clarification of their offer/bid. The request for such clarifications and the response will necessarily be in writing and no change in the price or substance of the bid shall be sought, offered or permitted. Any decision of the Bank in this regard shall be final, conclusive and binding on the bidder.
7.5. Evaluation of Eligibility Criteria
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7.5.1. Bids submitted by all the bidders would be evaluated for eligibility as mentioned in the ‘Eligibility Criteria’. Bids not complying with any of the eligibility criteria are liable to be rejected and will not be considered for further evaluation.
7.5.2. The eligibility criteria to participate in bidding process are mentioned below. Only those bidders, who satisfy all the eligibility criteria as mentioned herein below, may respond. Document in support of all eligibility criteria are required to be submitted in Eligibility Bid. Offers received from the bidders who do not fulfil any of the following eligibility criteria will be rejected.
S.N | Eligibility Criteria | Supporting Documents Required to be Submitted | |||
1 | Bidder should be a limited company (Public/Private) registered in India under the Companies Act, 1956/2013 or Partnership firm / LLP registered in India under Partnership Act 1932/2008 as amended for the last 3 years as on RFP issuance date. | Certificate of Incorporation/ Registered Partnership Deed, PAN, TAN, GSTIN Certificate and any other tax related document if applicable, along with the copies of Memorandum of Association and Articles of Association are required to be submitted along with the eligibility bid. | |||
2 | Bidder should have experience of at least 2 completed assignments for management consultancy combined with IT consultancy for Banks / Financial Institutions. The assignments should have been completed in last 5 years. 5 years will be counted from date of completion of Assignment. | Only completed assignments will be considered for evaluation. Completion Certificate or a Self-Declaration to be furnished by the Bidder on its letter head. A bidder should submit brief description of the assignment and duration of the assignment. The Bank reserves the right to ask for contact details (Name, email, contact number) of the clients at the time of evaluation. | |||
3 | The Bidder should have annual revenue of at least Rs 50 crore from Advisory fee in any three of the previous five financial years starting from FY2017. Revenues refer to revenues that the bidder has earned as advisory fees in India on topics such as strategy / operations / sales / performance / transformation / turnaround / organization design / IT consultancy / digital transformation. | Copy of relevant audited financial statements. Auditors Certificate stating revenues from management consulting business in relevant financial years. | |||
4 | The bidding company, as on the date of submission of bid, should not have been censured / blacklisted/ banned / barred / disqualified / prohibited by GoI or State Government or any regulator or any court of law including NCLT / NCLAT or any quasi- | Self-declaration to this effect on the company’s letter head should be submitted. Annexure IV | |||
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S.N | Eligibility Criteria | Supporting Documents Required to be Submitted | |||||
judicial authority authority. | or | any | other | statutory | |||
5 | The Consultant should not be owned or controlled by any Director or Employee of SIDBI (or their Relatives) | Self-Declaration by the Consultant bidder’s letter head. Annexure XVII | on | ||||
6 | The Bidder should submit Pre-Contract Integrity Pact as per format provided at Annexure – XIV. | Pre-contract Integrity Pact duly signed by authorised signatory on non-judicial stamp paper of requisite value (cost to be borne by the Bidder) as per format. | |||||
7 | The Consultant should not have defaulted to any Bank within the jurisdiction of India | A self-certified letter to be submitted. Copy of CIBIL Report to be furnished. | |||||
8 | The Consultant should have Positive net worth (tangible) as on 31st March 2021. Net worth is to be calculated as follows: Capital Funds (Paid up Equity Capital + Paid up preference Shares + Free Reserve) – (Accumulated Balance of loss + Balance of deferred revenue expenditure + Other intangible assets). | Audited financial statements (Provisional / Unaudited is also allowed) for FY2020-21. | |||||
7.5.3. Bidder must comply with all above-mentioned criteria. Non-compliance of any of the Eligibility criteria will entail rejection of the offer summarily. The evaluation committee reserves the right to verify /evaluate the claims made by the vendor independently. Any discrepancy could lead to censuring / blacklisting of the bidder. Any decision in this regard shall be final and binding upon the bidder.
7.5.4. Those who fulfil all the eligibility criteria as mentioned above would be eligible to take part in this bid exercise.
7.5.5. Minimum Eligibility Bid format as per Annexure -II given in this RfP to be submitted by Bidders and should contain detailed responses to each of the above eligibility criteria along with documentary proofs as specified above.
7.5.6. SIDBI reserves the right to ask for additional / alternate documents from the Bidder.
7.5.7. Successful bids out of this stage would be considered for technical evaluation.
7.5.8. In case the Bidder has undergone corporate restructuring (including merger, demerger, hive off, slump sale, etc.) in the last three financial years (FY 2018-19, 2019-20, 2020-21), it may showcase credentials of its erstwhile current entity provided sufficient documentary proof is submitted with the bid to evince that such credentials have accrued to / transferred to are in the name of the bidding entity and the bidding entity is authorized to use such credentials.
7.5.9. Apart from the above minimum criteria, the Bidder is also required to give the following information:
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Sr No | Document Required |
i) | Ownership and nature of entity (public, partnership, subsidiary, etc.). |
ii) | Income Tax returns for past three assessment years. |
iii) | Board resolution (in case of company) or Power of Attorney authorizing the authorized signatory to sign on behalf of the Bidder. |
iv) | Proof of address of registered office(s). |
v) | GST Registration Certificate |
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7.6. Evaluation of Technical Bids
7.6.1. Technical evaluation will be carried out only for the bidders who succeed the pre- qualification (minimum eligibility) criterion.
7.6.2. 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.
7.6.3. A maximum of 100 marks will be allocated for the technical bid. Only the technical proposals will be evaluated at this stage. Bidders scoring less than 70 marks (cutoff score) out of 100 marks in the technical evaluation shall not be considered for further selection. Once the evaluation of technical proposals is completed, the bidders who score more than the prescribed cut off score will only be short listed.
7.6.4. Technical bids would be evaluated based on the following parameters:
S.N | Criteria | Evaluation Parameter | Max Marks | Scoring Methodology |
1 | Bidders Experience | Experience in providing management consultancy combined with IT consultancy services at Banks / Financial Institutions for a minimum tenure of 3 months, in the areas of Digital solutions for credit delivery process for Banks / Financial Institutions in India in the last 5 years. 5 years will be counted from date of completion of Assignment. Experience with Development Financial Institutions would be an added advantage | 25 | 5 Marks for each completed eligible assignment. Only completed assignments will be considered for evaluation. Completion Certificate or a Self- Declaration to be furnished by the bidder on its letter head. A bidder should submit brief description of the assignment and duration of the assignment. The Bank reserves the right to ask for contact details (Name, email, contact number) of the clients at the time of technical evaluation. |
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S.N | Criteria | Evaluation Parameter | Max Marks | Scoring Methodology |
2 | Suitability of key resource -Project Head | ✓ Experience in the capacity of Project Head in providing IT consulting services at Banking & Financial Institutions (both Indian / Global) / Regulatory Bodies in Financial Sector for a minimum tenure of 3 months, formulation of business and IT strategy (Completed projects only). 5 years will be counted from date of completion of Assignment. ✓ Minimum experience of 15 years in providing IT consultancy services | 15 | CV should cover ✓ Educational Background and overall experience including management consulting experience ✓ Experience of relevant engagements in detail. Scoring shall be done through Evaluation and qualitative Assessment of CV and credentials submitted. |
3 | Domain Expert -1 (Business) | Domain expert with experience across the following areas: ✓ Minimum experience of 10 years in providing business consultancy services (note related to tax / audit) ✓ Experience of providing consultancy for credit delivery to financial services clients in India like DFIs, AIFIs, Commercial Banks. Regulatory bodies, etc. ✓ Experience with DFIS engaged in MSME lending will be preferred. | 10 | CV should cover ✓ Educational Background and overall experience including management consulting experience ✓ Experience of relevant engagements in detail. Scoring shall be done through Evaluation and qualitative Assessment of CV and credentials submitted. |
4 | Domain Expert – 2 (Information Technology) | Domain expert with ✓ Minimum experience of 10 years in providing IT consultancy services ✓ Experience of providing IT consulting/advisory services to financial services clients in India like DFIs, AIFIs, Commercial Banks. Regulatory bodies, etc. ✓ Experience with DFIS engaged in MSME lending will be preferred. | 10 | CV should cover ✓ Educational Background and overall experience including management consulting experience ✓ Experience of relevant engagements in detail. Scoring shall be done through Evaluation and qualitative Assessment of CV and credentials submitted. |
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S.N | Criteria | Evaluation Parameter | Max Marks | Scoring Methodology |
5 | Team Composition & suitability (excluding the Project Head and Domain experts) | Composition of rest of the team, quality and suitability – includes number and experience of professionals deployed for duration of assignment, other experts / capabilities proposed to be drawn, etc | 05 | CV should cover ✓ Educational Background and overall experience including management consulting experience ✓ Experience of relevant engagements in detail. Scoring shall be done through Evaluation and qualitative Assessment of CV and credentials submitted. |
6 | Presentation | ✓ Understanding of the scope of the assignment ✓ Understanding of MSME, Fintech and Financial sector and technology in use in financial sector ✓ Understanding of software solutions for digital credit delivery processes ✓ Understanding of deliverables of the engagement | 15 | Assessment by Evaluation Committee based on the presentation and interaction during the presentation to the Evaluation Committee |
7 | Approach and Methodology | ✓ Proposed approach and methodology for the entire scope of work for evolving the identifying gaps between business process and digital solutions for credit delivery process ✓ Project and delivery plan and timelines. | 20 | Assessment by Evaluation Committee based on the written submission and interaction during the presentation to the Evaluation Committee |
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7.7.1. Only technically shortlisted bidders would be invited for opening of commercial bids, the date and time for opening of commercial bids would be separately advised by the Bank. The bidders are required to depute their representative for the same.
7.7.2. In respect of all the qualified bidders, in whose case, the commercial bid has been opened, a combined techno-commercial evaluation will be done by the evaluation committee.
7.7.3. Kindly note that the evaluation committee reserves the right to finalize the scores from the available bid documents and presentation made by the bidder and the evaluation committee decision on techno-commercial evaluation is FINAL.
7.8. Commercial Bid
7.8.1. All prices should be quoted in (INR) only. The Total cost will be exclusive of GST and other applicable taxes. However, GST and other applicable taxes will be paid as per actuals.
7.8.2. 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.
7.8.3. In case there is a mismatch between the words and figures, the amount mentioned in words will be considered.
7.8.4. Please note that any Commercial offer which is conditional and/ or qualified or subjected to suggestions will also be summarily rejected. This offer shall not contain any deviation in terms & condition or any specifications, if so, such offer will be summarily rejected.
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7.9. Arithmetic errors correction
Arithmetic errors, if any, in the price break-up format will be rectified on the following basis:
7.9.1. If there is discrepancy in the price quoted in figures and words, the price, in figures or in words, as the case may be, which corresponds to the total bid price for the item shall be taken as correct.
7.9.2. It the vendor has not worked out the total bid price or the total bid price does not correspond to the unit price quoted either in words or figures, the unit price quoted in words shall be taken as correct.
7.9.3. Bank may waive off any minor infirmity or nonconformity or irregularity in a bid, which does not constitute a material deviation, provided such a waiving, does not prejudice or effect the relative ranking of any bidder.
7.10. Final Selection of the eligible bidder
The technical bid will be analysed and evaluated, based on which the Relative Technical Score (RSTech) shall be assigned to each bid on the basis of parameters mentioned above.
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
Technical Bids receiving a RSTech greater than or equal to a score of 70 (cutoff marks) will be eligible for consideration in the subsequent round of commercial evaluation.
If less than 3 bidders qualify as per above criteria (RSTech >= 70), SIDBI reserves the right to short list maximum top 3 bidders subject to RSTech >= 60.
Evaluation of commercial bids
Relative Commercial Score (RSCom) for each bidder will be calculated as follows: RSCom = CLow / C X 100
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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.
FINAL SELECTION OF THE ELIGIBLE BIDDER:
Total Relative Score (RS) obtained by each eligible bidder will be calculated as follows: RS = RSTech X 0.70 + RSCom X 0.30
The eligible bidder will be selected based on maximum Relative Score (RS) obtained. The bidder with the highest Relative Score (RS) will be selected for further discussion.
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.
The commercial bid/quote should include out of pocket expenses / any other expenses. GST would be extra and should not be included in the quote.
The Consultant will be assessed and evaluated to deliver on the tasks and deliverables outlined in the scope of work above including any other related task, as well as reaching project targets.
The Bidders shall submit their offers strictly in accordance with the terms & condition of the Tender document.
******
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8. General Terms and Conditions
8.1. General Provisions
8.1.1. Definitions
Unless the context otherwise requires, the following terms whenever used in this Contract have the following meanings:
a. “Applicable Law” means all laws, brought into force and effect by the Government including rules, regulations and notifications made thereunder, and judgements, decrees, injunctions, writs and orders of any court of record, applicable to this Contract and the exercise, performance and discharge of the respective rights and obligations of the Parties hereunder, as may be in force and effect during the subsistence of this Contract.
b. “Applicable Permit” means all clearances, licenses, permits, authorisations, no objection certificates, consents, approvals and exemptions required to be obtained or maintained under Applicable Laws.
c. “Completion Date” shall mean 6 weeks from the Effective Date, as the date of completion of the scope of Services.
d. “Contract” means this Agreement signed by the Parties together with the
following documents:
i. this Agreement and its Appendices;
ii. the Offer Letter;
iii. the RfP;
iv. The bid submitted by the bidder
e. “Effective Date’ means the date on which this Contract comes into force and
effect pursuant to Clause 8.2.1;
f. “Government” means Government of India;
g. “The Bank” or “SIDBI” or “Buyer” means Small Industries Development Bank of
India
h. “RFP” or “RfP” or “Tender” or “Bid document” means the ‘Request for Proposal document’
i. “Bid” or “Offer” means the written reply or submission of response to this RfP.
j. “Bidder” or “Seller” means the respondent to the RfP document.
k. ‘Local currency’ means the Indian Rupees;
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l. “Member”, in case the Consulting Agency consist of a joint venture of more than one entity, means any of these entities, and “Members” means all of these entities;
m. “Party’ means the SIDBI or the Consulting Agency, as the case may be, and
Parties means both of them;
n. “Personnel” means persons hired by the Consulting Agency as Employees and assigned to the performance of the Services or any part thereof; and ‘key personnel’ means the personnel referred to in Clause 8.4.2 (a).
o. "Services" and/or “Deliverables” means the work to be performed by the Consulting Agency pursuant to his/her contract, as described in Appendix A hereto. The scope of work will be strictly as given in various Clauses in TOR. The approach and methodology to be adopted by the Consulting Agency for carrying out the assignment may be modified depending after mutual discussions with SIDBI. The work plan as indicated by the Consulting Agency may also get modified accordingly.
p. “Vendor” or “Shortlisted Bidder” is one who is found eligible as per eligibility criteria set out in this RfP, whose technical Bid has been accepted and who has emerged as successful bidder as per the selection criteria set out in the RfP and to whom notification of award / LoI / Purchase Order has been given by the Bank.
q. “Order value” means value of purchase order placed by the Bank on the bidder/selected bidder under this project for the full and proper performance of its contractual obligations;
r. "Third Party" means any person or entity other than the SIDBI and the Consulting Agency
8.1.2. Interpretations
In this Contract, unless the context otherwise requires:
a. references to laws of India or Indian law or regulation having the force of law shall include the laws, acts, ordinances, rules, regulations, bye laws or notifications which have the force of law in the territory of India and as from time to time may be amended, modified, supplemented, extended or re-enacted;
b. references to a “person” and words denoting a natural person shall be construed as a reference to any individual, firm, company, corporation, society, trust, government, state or agency of a state or any association or partnership (whether or not having separate legal personality) of two or more of the above and shall include successors and assigns;
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c. the table of contents, headings or sub-headings in this Contract are for convenience of reference only and shall not be used in, and shall not affect, the construction or interpretation of this Contract;
d. the words “include” and “including” are to be construed without limitation and shall be deemed to be followed by “without limitation” or “but not limited to” whether or not they are followed by such phrases;
e. any reference to a day shall mean a reference to a calendar day;
f. any reference to a “business day” shall be construed as reference to a day (other
than a Sunday) on which banks in the State are generally open for business;
g. any reference to month shall mean a reference to a calendar month as per the Gregorian calendar;
h. time shall be of the essence in the performance of the Parties’ respective obligations. If any time period specified herein is extended, such extended time shall also be of the essence.
8.1.3. Priority of agreements, clauses and schedules
a. This Contract, and all other agreements and documents forming part of or referred to in this agreement are to be taken as mutually explanatory and, unless otherwise expressly provided elsewhere in this Contract, the priority of this Contract and other documents and agreements forming part hereof or referred to herein shall, in the event of any conflict between them, be in the following order:
i. this Contract;
ii. the RFP;
iii. Offer Letter;
iv. Proposal; and
v. all other agreements and documents forming part hereof or referred to herein.
b. Subject to the provisions of Clause 8.1.3(a), in case of ambiguities or discrepancies within this Contract, the following shall apply:
i. between two or more Clauses of this Contract, the provisions of a specific Clause relevant to the issue under consideration shall prevail over those in other Clauses;
ii. between the Clauses of this Contract and the Appendix, the Clauses shall prevail;
iii. between any two Appendix, the Appendix relevant to the issue shall prevail; and
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iv. between any value written in numerals and that in words, the latter shall prevail.
8.1.4. Relation between parties
Nothing contained herein shall be construed as establishing a relation of master and servant or of principal and agent as between the SIDBI and the Consulting Agency. The Consulting Agency, subject to this Contract, have complete charge of Personnel and Sub-consultants, if any, performing the Services and shall be fully responsible for the Services performed by them or on their behalf hereunder.
8.1.5. Law Governing Contract
This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the Applicable Law.
8.1.6. Notices
Any notice, request or consent required or permitted to be given or made pursuant to this Contract 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 mail, fax, or email.
8.1.7. Language
This Contract has been executed in the English language, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract.
8.1.8. Location
The Services shall be performed at such locations as the SIDBI may approve.
8.1.9. Taxes and Duties
The Consulting Agency and Personnel shall pay such taxes, duties, fees and other impositions as may be levied under the Applicable Law and the SIDBI shall perform such duties in regard to the deduction of such taxes as may be lawfully imposed. The SIDBI shall not be liable for any tax levied on the remuneration and allowances of the Consulting Agency as per this contract.
8.2. Commencement, Completion, modification and Termination of Contract
8.2.1. Effectiveness of Contract
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This Contract shall come into force and effect on the ("Effective Date") of the SIDBI notice to the Consulting Agency instructing the Consulting Agency to begin carrying out the Services.
8.2.2. Expiration of Contract
Unless terminated earlier pursuant to conditions specified in Clause 8.2.6, or otherwise extended, this Contract shall expire when services have been completed and all payments have been made as specified.
8.2.3. Modification
Modification of the terms and conditions of this Contract, including any modification of the scope of the Services, may only be made by written agreement between the Parties to the contract or their duly authorized representatives.
8.2.4. Force Majeure
8.2.4.1. Definition
a. For the purposes of this Contract, "Force Majeure" means an event which is beyond the reasonable control of a Party, and which makes a Party's performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes, but is not limited to, pandemic, epidemic, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, nationwide strikes, lockouts or other industrial action, confiscation or any other action by government agencies.
b. Force Majeure shall not include
i. any event which is caused by the negligence or intentional action of a party or such Party's Sub-consultants or agents or employees;
ii. any economic hardship, insufficiency of funds or failure to make any payment required hereunder;
iii. strike, lockout and other industrial actions restricted to the employees or personnel of the Parties;
iv. general routine Covid-19 quarantine requirements and other restrictions, which do not result in complete lockdown or shut down or prevention of work from home;
v. any event which a diligent Party could reasonably have been expected to both (A) take into account at the time of the conclusion of this Contract and
(B) avoid or overcome in the carrying out of its obligations hereunder.
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8.2.4.2. No Breach of Contract
The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, “due care" and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this Contract.
8.2.5. Measures to be Taken
a. A Party affected by an event of Force Majeure shall take all reasonable measures to remove such Party's inability to fulfill its obligations hereunder with a minimum of delay.
b. A Party affected by an event of Force Majeure shall notify the other Party of such event as soon as possible, and in any event not later than fourteen (14) days following the occurrence of such event, providing evidence of the nature and cause of such event. Submission of such notice shall be a condition precedent to any relief under this Clause 8.2.4. And shall similarly give notice of the restoration of normal conditions as soon as possible.
c. The Parties shall take all reasonable measures to minimize the consequences of any event of Force Majeure.
8.2.6. Extension of Time
Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure. This doesn’t preclude the SIDBI from extending the time period of the assignment pursuant to Clause 3.8.b or otherwise
8.2.7. Consultation
Not later than thirty (30) days after the Consulting Agency, as the result of an event of Force Majeure, have become unable to perform a material portion of the Services, the Parties shall consult with each other with a view to agreeing on appropriate measures to be taken in the circumstances.
8.2.8. Suspension
The SIDBI may, by written notice of suspension to the Consulting Agency, suspend all payments to the Consulting Agency hereunder if the Consulting Agency fail to perform any of their obligations under this Contract, including the carrying out of the Services, provided that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall request the Consulting Agency to remedy such failure within a
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period not exceeding thirty (30) days after receipt by the Consulting Agency of such notice of suspension.
8.2.9. Termination
8.2.9.1. By the SIDBI
a. The SIDBI may, by not less than thirty (30) days' written notice of termination to the Consulting Agency , such notice to be given after the occurrence of any of the events specified in paragraphs (b) through (h) of this Clause 8.2.9.1, terminate this Contract.
b. if the Consulting Agency fails to remedy a failure in the performance of their obligations hereunder, as specified in a notice of suspension pursuant to Clause 8.2.8 hereinabove, within thirty (30) days of receipt of such notice of suspension or within such further period as the SIDBI may have subsequently approved in writing;
c. if the Consulting Agency becomes insolvent or bankrupt or enter into any agreements with their creditors for relief of debt or take advantage of any law for the benefit of debtors or go into liquidation or receivership whether compulsory or voluntary;
d. if the Consulting agency fails to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause 8.10 hereof;
e. if the Consulting agency submits to the SIDBI a statement, representation or warranty which has a material effect on the rights, obligations or interests of the SIDBI and which the Consulting agency knows to be false;
f. if, as the result of Force Majeure, the Consulting Agency is unable to perform a material portion of the Services for a period of not less than sixty (60) days; or
g. if the SIDBI, in its sole discretion and for any reason whatsoever, decides to terminate this Contract.
h. if the consulting agency, in the judgment of the SIDBI has engaged in corrupt or fraudulent practices in competing for or in executing the Contract. For the purpose of this clause: "corrupt practice" means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the selection process or in contract execution. "fraudulent practice" means a misrepresentation of facts in order to influence a selection process or the execution of a contract to the detriment of the SIDBI, and includes collusive practice among bidders (prior to or after submission of proposals) designed to establish prices at artificial non-competitive levels and to deprive the SIDBI of the benefits of free and open competition.
8.2.9.2. By the Consulting Agency
The Consulting Agency may, by not less than thirty (30) days' written notice to the SIDBI, such notice to be given after the occurrence of any of the events specified in paragraphs (a) and (b) of this Clause 8.2.9.2, terminate this Contract:
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a. if the SIDBI fails to pay any money due to the Consulting Agency pursuant to this Contract and not subject to dispute pursuant to Clause 8 hereof within sixty days (60) days after receiving written notice from the Consulting Agency that such payment is overdue;
b. if the SIDBI fails to comply with any final decision reached as a result of arbitration pursuant to Clause 8 hereof.
8.2.9.3. Cessation of Services
Upon termination of this Contract by notice of either Party to the other pursuant to Clauses 8.2.6.1 or 8.2.6.2 hereof, the Consulting Agency shall, immediately upon dispatch or receipt of such notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum. With respect to documents prepared by the Consulting Agency and equipment and materials furnished by the SIDBI, the Consulting Agency shall proceed as provided, respectively, by Clauses
8.3.10 or 8.3.11 hereof.
8.2.9.4. Payment upon Termination
In the event of such termination, the Consulting Agency shall be compensated for the actual amount of work performed in accordance with the terms of this Contract, Scope of Work and RfP as on the date of termination on pro rata basis after offsetting against these payments any amount that may be due from the Consulting Agency to the SIDBI. All advances paid to the consulting agency shall be immediately refunded to the SIDBI.
8.2.9.5. Disputes about Events of Termination
If either Party disputes whether an event specified in Clause 8.2.6.1 or in Clause
8.2.6.2 hereof has occurred, such Party may, within forty-five (45) days after receipt of notice of termination from the other Party, refer the matter to arbitration pursuant to Clause 8.10 hereof, and this Contract shall not be terminated on account of such event except in accordance with the terms of any resulting arbitral award.
8.3. Obligations of the Consulting Agency
8.3.1. General
8.3.1.1. Standard of Performance
The Approach and Methodology followed by the Consulting Agency for performing its Services should be in line with the requirements spelt out in the RfP. Any deviation will require approval of the SIDBI. The Consulting Agency shall perform the Services and carry out their obligations hereunder with all due diligence, efficiency
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and economy, in accordance with generally accepted professional techniques and practices, and shall observe sound management practices, and employ appropriate advanced technology and safe and effective equipment, machinery, materials and methods. The Consulting Agency shall always act, in respect of any matter relating to this Contract or to the Services, as faithful advisers to the SIDBI, and shall at all times support and safeguard the SIDBI legitimate interests in any dealings with Sub- consultants or Third Parties.
8.3.1.2. Law Governing Services
The Consulting Agency shall perform the Services in accordance with the Applicable Law and shall take all practicable steps to ensure that any Sub- consultants, as well as the Personnel of the Consulting Agency and any Sub- consultants, comply with the Applicable Law. The Consulting Agency shall also obtain any and all Applicable Permits required to be obtained by it for the performance of the obligations under this Contract.
8.3.2. Conflict of Interest
8.3.2.1. The Remuneration of the Consulting Agency pursuant to Clause 8.5 hereof shall constitute the Consulting Agency's sole remuneration in connection with this Contract or the Services and, subject to Clause 8.3.2.2 hereof, the Consulting Agency shall not accept for their own benefit any trade commission, discount or similar payment in connection with activities pursuant to this Contract or to the Services or in the discharge of their obligations hereunder, and the Consulting Agency shall use their best efforts to ensure that any Sub- consultants, as well as the Personnel and agents of either of them, similarly shall not receive any such additional remuneration.
8.3.2.2. If the Consulting Agency, as part of the Services, have the responsibility of advising the SIDBI DFI on the procurement of goods, works or services, the Consulting Agency shall comply with any applicable procurement guidelines of the Government of India/SIDBI/ and shall at all times exercise such responsibility in the best interest of the SIDBI. Any discounts or commissions obtained by the Consulting Agency in the exercise of such procurement responsibility shall be for the account of the SIDBI.
8.3.3. Confidentiality
The Consulting Agency their Sub-consultants and the Personnel of either of them shall not, disclose any proprietary or confidential information relating to the Project, the Services, this Contract or the SIDBI business or operations without the prior written consent of the SIDBI.
Parties agree that Consulting Agency shall submit the Deliverables and all documents
/ presentations in a mutually acceptable format for the project. SIDBI agrees that no separate mention of Consulting Agency in connection therewith is made by the SIDBI in any redistributed Deliverables to any third party, except Government of India or
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any public announcement without the prior written consent of the Consulting Agency.
8.3.4. Liability of the Consulting Agency
The Consulting Agency’s liability under this Contract shall be as provided by the Applicable Law. Under no circumstances will Consulting Agency’s and SIDBI aggregate liability to other Party for any and all claims, including third party claims, or losses arising from or in connection with or relating to the Contract, whether in contract (including under an indemnity), tort (including negligence), strict liability, statue or otherwise, exceed an amount equal to the fees paid by SIDBI to Consulting Agency for the Service or Deliverable that gave rise to the claim.
8.3.5. Insurance to be taken out by the Consulting Agency
All costs involved in taking the insurance will be borne by the Consulting agency.
8.3.6. Reporting Arrangements
The Consulting agency shall neither seek nor accept instructions from any authority external to the SIDBI in connection with the performance of services under the Contract.
8.3.7. Accounting, Inspection and Auditing
The Consulting Agency (i) shall keep accurate and systematic accounts and records in respect of the Services, in such form and detail as will clearly identify all relevant time charges and cost, and the bases thereof; and (ii) shall permit the SIDBI or its designated representative periodically, and up to one year from the expiration or termination of this Contract, to inspect the same and make copies thereof as well as to have them audited by auditors appointed by the SIDBI.
8.3.8. Consulting Agency’s Actions Requiring SIDBI’s Prior Approval
The Consulting Agency shall obtain the SIDBIs prior approval in writing before taking any of the following actions:
a. appointing such members of the Personnel as are listed in Appendix XV herein below by the Consulting Agency merely by title but not by name
b. extension of time period for completion of services for any reason including Force majeure.
8.3.9. Reporting Obligations
The consulting agency shall furnish, compile or make available at all times to the SIDBI and records of information, oral or written, which the SIDBI may reasonably request of the services to be performed under this contract.
8.3.10. Documents Prepared by the Consulting Agency to Be the Property of the SIDBI
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a. All drawings, photographs, reports, recommendations, estimates, documents and all other data compiled or received by the Consulting Agency under this Contract and the intellectual property therein, (i) shall be owned by and be the property of the SIDBI, (ii) shall be treated by the Consulting Agency, its personnel, sub-contractors and advisers as confidential, (iii) shall be delivered only to the duly authorized officials of SIDBI on completion of work under this Contract or as may otherwise be specified by the SIDBI under this Contract. In no event shall the contents of such document or data are made known by the Consulting Agency to any person or organisation without written approval of the SIDBI.
b. All copyright, patents and other intellectual property rights in all countries and all proprietary rights in the manuscripts, records and other materials except for the existing materials, publicly or privately owned, collected or prepared in the course of the execution of this Contract , shall become the property of the SIDBI as appropriate, who shall have the right to publish the same in whole or in part, copyright and takeout patents etc. as the SIDBI may determine appropriate.
c. Background IPR: Final versions of presentations, reports and other material that Consulting Agency provide to SIDBI will become SIDBI’s property (“Deliverables”). Consulting Agency shall retain ownership of its underlying intellectual property, including its knowledge of business principles and those analytical concepts, approaches, methodologies, models, processes, discoveries, tools, ideas and formats developed by Consulting Agency staff in course of its work for clients, or during its own research (“Consulting Agencies Methodology”). In the course of providing the Services, Consulting Agency may also develop or enhance its collective knowledge which shall be considered Consulting Agency Methodology.
d. If Consulting Agency agrees to SIDBI disclosing the Deliverables to third parties, SIDBI agrees that Consulting Agency will not be responsible for any losses incurred by SIDBI or any third party as a result of or in connection with such disclosure, or the third party’s use of or reliance on the Deliverables or any other aspect of Consulting Agency’s work.
8.3.11. Equipment and Materials Furnished by the SIDBI
This Clause will be applicable in the event any equipment or material is made available by SIDBI. Equipment and materials made available to the Consulting Agency by the SIDBI or purchased by the Consulting Agency with funds provided by the SIDBI, shall be the property of the SIDBI and shall be marked accordingly. Upon termination or expiration of this Contract, the Consulting Agency shall make available to the SIDBI an inventory of such equipment and materials and shall
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dispose of such equipment and materials in accordance with the SIDBI’s instructions. Such equipment or property when returned to the SIDBI shall be in the same condition as when delivered to the consulting agency, subject to normal wear and tear. The consulting agency shall, in any event be liable to the SIDBI for the loss of or damage to such equipment or property through his/her fault or negligence.
8.3.12. Monitoring of Consulting Agency Performance
The SIDBI would monitor the progress of the project through meetings with the Consulting Agency at a time and place to be indicated by the SIDBI.
8.4. Consulting Agency’s Personnel
8.4.1. General
The Consulting Agency shall employ and provide such qualified and experienced Personnel and Sub-consultants as are required to carry out the Services.
8.4.2. Description of Personnel
a. The titles agreed job descriptions, qualification and estimated periods of engagement in the carrying out of the Services of each of the Consulting Agency’s Key Personnel are described in Appendix XV.
b. Any adjustments shall only be made with the SIDBI approval.
c. If additional work is required beyond the scope of the Services specified or change in the Scope of Service, the estimated periods of engagement of Key Personnel set forth may be increased by agreement in writing between the SIDBI and the Consulting Agency, provided that any payment for such increase or a change in scope of service shall be mutually agreed between the Parties based on the pricing agreed for the scope of Services under this Contract.
d. Subject experts and Project Leader should be available for interaction with the SIDBI, as and when required by the SIDB. SIDBI will give adequate notice for requesting for such an interaction. Consulting Agency will not field any substitute at the aforesaid interaction meetings unless prior approval has been accorded by the SIDBI. Other experts indicated are in addition and not in lieu of the key experts.
8.4.3. Approval of Personnel
The Key Personnel and Sub-consultants listed by title as well as by name in Appendix XV are hereby approved by the SIDBI. In respect of other Key Personnel which the Consulting Agency propose to use in the carrying out of the Services, the Consulting Agency shall submit to the SIDBI for review and approval a copy of their Curriculum Vitae data.
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8.4.4. Removal and / or Replacement of Personnel
a. Except as the SIDBI may otherwise agree, no changes shall be made in the Key Personnel. If, for any reason beyond the reasonable control of the Consulting Agency, it becomes necessary to replace any of the Personnel, the Consulting Agency shall forthwith provide as a replacement a person of equivalent or better qualifications with the prior approval of the SIDBI.
b. If the SIDBI (i) finds that any of the Personnel has committed serious misconduct or has been charged with having committed a criminal action, or (ii) has reasonable cause to be dissatisfied with the performance of any of the Personnel, then the Consulting Agency shall, at the SIDBI’s written request specifying the grounds therefore, forthwith provide as a replacement a person with qualifications and experience acceptable to the SIDBI.
c. The Consulting Agency shall bear all additional travel and other costs arising out of or incidental to any removal and/or replacement.
8.4.5. Project Manager
The Consulting Agency shall ensure that at all times during the Consulting Agency’s' performance of the Services, a project manager as specified in Appendix XV, acceptable to the SIDBI is taking charge of the performance of such Services and also interface with the SIDBI on a day to day basis.
8.4.6. Right and remedies of SIDBI
a. Nothing in or relating to this contract shall be deemed to prejudice or constitute a waiver of any rights or remedies of the SIDBI.
b. The SIDBI shall not be liable for any consequences of, or claims based upon any act of omission on the part of the Government. The Consulting Agency shall be responsible for verifying and interpreting all data or information provided by SIDBI to the Consulting Agency. The SIDBI shall have not responsibility for the accuracy, sufficiency or completeness of such data.
c. All deliverables submitted by the Consulting Agency shall be considered to have been completed when such deliverable is approved by SIDBI. SIDBI can make recommendations for amendments, clarifications and modifications to any deliverable provided by the Consulting Agency.
The Consultant will be appointed for a period upto 6 weeks from the date of appointment, which inter-alia shall include the period of successful implementation. However, this would be subject to satisfactory performance during periodic reviews which would be solely adjudged by XXXXX. In case the performance of the consultant is deemed unsatisfactory, the contract will be terminated as per the provision of the
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"termination of contract" clause mentioned in this RFP. SIDBI, at its discretion, in larger interest of the project may extend the services of Consultant for partnering for a further period of not exceeding 2 weeks on the same terms and conditions. However, no additional cost will be paid in case of such extension.
8.6. Payment to the Consulting Agency
8.6.1. Lumpsum remuneration
The consulting agency’s total remuneration shall not exceed the Contract Price and shall be a fixed lump sum including all staff costs, sub consultants costs, printing, communications, travel, accommodation and the like, and all other costs incurred by the Consulting Agency in carrying out the Services described in Clause No 6.
8.6.2. Contract Price
The price payable in Indian Currency is set forth in Annexure XII.
8.6.3. Terms and Conditions for payment
a. Payment would be settled on the completion (sign off) of each milestone as per the schedule given below
Sr No | Particulars | % age of the Contract Value |
1 | Submission of AS-IS report | 30% |
2 | Submission of final report | 60% |
3 | Acceptance of final report | 10% |
b. Payments will be made by the SIDBI within thirty days of its approval of the quality of the deliverable as specified in Clause 6.3 above, from the consulting agency against each milestone scheduled mentioned at Clause no 8.5.3 (a) and receipt of the corresponding invoice from the Consulting Agency specifying the amount due.
c. First payment to the consulting agency will be payable only after submission of Performance Bank Guarantee for an amount equivalent to 10% of the contract value.
d. Subsequent payments will be released on submission of deliverables and acceptance of the same by SIDBI.
e. All the payments will be made by SIDBI, Lucknow electronically through RTGS/NEFT. Bidder is required to submit Bank Mandate form alongwith cancelled cheque in original with technical bid.
f. The Bidder must accept the payment terms proposed by the Bank. The financial bid submitted by the Bidder must be in conformity with the payment terms proposed by
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the Bank. Any deviation from the proposed payment terms would not be accepted. The Bank shall have the right to withhold any payment due to the Bidder, in case of delays or defaults on the part of the Bidder. Such withholding of payment shall not amount to a default on the part of the Bank.
g. TDS, if any, will be deducted while releasing the payment
h. All payments will be made to the Bidder in Indian Rupee only
i. No advance payment will be made in any case.
8.6.4. Performance Bank Guarantee
a. The Consulting Agency shall provide an unconditional and irrevocable Performance
Bank Guarantee (“PBG”) as mentioned in section 4.4
b. The PBG is to be submitted after the issue of the Offer Letter and before release of first or any payment under this Contract. On submission of PBG and accepted by the SIDBI, EMD would be released. If the PBG is not submitted within the time stipulated by SIDBI, then SIDBI reserve the right to cancel the order and forfeit the EMD.
c. In the event of non-performance of obligation or failure to meet terms of this Contract, SIDBI shall be entitled to invoke the PBG without notice or right of demur to Consulting Agency.
d. 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 Consulting Agency fails to fulfill any of the terms of contract / order or commits breach of any terms and conditions of the contract.
e. The 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 Consulting Agency , which in the opinion of SIDBI should entitle the Consulting Agency 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 Consulting Agency would be required to extend the validity period of the performance guarantee accordingly.
f. The Consulting Agency shall be responsible for extending the validity date and claim period of the Bank guarantees as and when it is due or if required. In the event, the PBG is not extended prior to its expiry under the Contract, then SIDBI shall have the right to invoke the PBG.
8.6.5. Penalty for Default in Services
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a. If the selected bidder fails to complete the project within stipulated time, SIDBI will impose a penalty of 1% of the contract value for each week’s delay or part thereof attributable to the bidder, subject to maximum of 10% of the contract value. Fraction of week is to be construed as one full week for arriving at the delay in terms of weeks.
b. Penalty would not be applicable for delay due to reasons attributable to the Bank and Force Majeure. However, it is responsibility of the selected bidder to prove that the delay is attributed to the Bank or Force Majeure.
c. Bank reserves the right to adjust the penalty and Liquidity damages if any against any amount payable to the bidder or PBG.
8.7.1. The Consulting Agency shall indemnify, hold and save harmless and defend at its own expenses the SIDBI and its personnel from and against all suits, claims, demands and liability of any nature whatsoever, including without limitations, costs and expenses arising out of acts or omissions of the Consulting Agency, its employees and/or agents caused by or resulting from any operations(s) conducted by or on behalf of the Consulting Agency
8.7.2. The Consulting Agency shall , at all times, further indemnify SIDBI against any damages, cost, expenses and/or claims occasioned by any infringement(s) of Copyrights or Intellectual property (IPRs) of any third party occasioned by the services acts or commissions or omission or on behalf of the consulting agency.
8.7.3. Any failure or delay on the part of any party to exercise right or power hereunder shall not operate as a waiver thereof
8.7.4. Neither this Contract nor any rights under it may be assigned by either party without the express prior written consent of the other party. However, upon assignment of the assignor’s interest in this Contract, the assignor shall be released and discharged from its obligations hereunder only to the extent that such obligations are assumed by the assignee.
8.7.5. The consulting agency shall at all times indemnify the SIDBI against any claims which may be made under the Workmen’s compensation act, 1923 or any statutory modification thereof or otherwise for or in respect of any damages or compensation payable in consequence of any accident or injury sustained by any workmen, staff and agent of the consulting agency or to the person whether in the employment of the consulting agency or not.
8.8.1. Good Faith
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The Parties undertake to act in good faith with respect to each other's rights under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.
The Parties recognize that it is impractical in this Contract to provide for every contingency which may arise during the life of the Contract, and the Parties hereby agree that it is their intention that this Contract shall operate fairly as between them, and without detriment to the interest of either of them, and that, if during the term of this Contract either Party believes that this Contract is operating unfairly, the Parties will use their best efforts to agree on such action as may be necessary to remove the cause or causes of such unfairness, but no failure to agree on any action pursuant to this Clause shall give rise to a dispute subject to arbitration in accordance with Clause 8.10 hereof.
8.10.1. Amicable Settlement
The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Contract or the interpretation thereof.
8.10.2. Dispute Settlement
Any dispute between the Parties as to matters arising pursuant to this Contract which cannot be settled amicably within thirty (30) days after receipt by one Party of the other Party's request for such amicable settlement may be submitted by either Party for settlement in accordance with the provisions specified in Clause 8.10.3
8.10.3. Dispute Settlement Mechanism
8.10.3.1. Arbitration
a. It will be the Bank’s endeavor to resolve amicably any disputes or differences that may arise between the Bank and the Bidder from misconstruing the meaning and operation of the Tender and the breach that may result.
b. 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.
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c. 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.
d. Arbitration proceedings shall be held at Lucknow, India, and the language of the arbitration proceedings and that of all documents and communications between the parties shall be English.
e. 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 Lucknow, India only.
f. 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.
g. A notice shall be effective when delivered or on the notice’s effective date, whichever is later.
h. No conflict between Bidder and SIDBI will cause cessation of services. Only by mutual consent the services will be withdrawn.
8.10.3.2. Jurisdiction
In case of any dispute, jurisdiction shall be a court in Lucknow, India only.
8.11. Representation and Warranties
Each Party hereby represents and warrants to the other Party as follows:
8.11.1. it is duly incorporated and is validly existing and in good standing under the laws of its country of incorporation;
8.11.2. it has the power and authority to enter into and perform its obligations under this Contract;
8.11.3. this Contract has been duly authorised, executed and delivered by it and constitutes the legal, valid and binding obligation of it;
8.11.4. there is no pending or threatened litigation or claim which would materially impair its ability to perform its obligations under this Contract; and
8.11.5. the performance of its obligations under this Contract will not result in the breach of any term or provision of, or constitute a default under, any judgment, decree, indenture, mortgage or other agreement or instrument to which it is a party or by which it is bound, nor will such performance conflict with any charter, by-law or similar provision applicable to it. There are no conflicts or violations of Applicable Law which would materially affect its right or ability to comply with the terms of this Contract.
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8.12. Breaches of Intellectual Property Rights
8.12.1. The Consulting Agency shall not use:
a. any intellectual property of the SIDBI except to the extent expressly permitted by this Contract; or
b. in the performance of this Contract, any other material subject to any third- party intellectual property rights to which they have not been granted an appropriate license.
8.12.2. The Consulting Agency shall defend, indemnify and hold the SIDBI harmless against all claims, costs, charges and expenses arising from, or incurred by reason of, any actual infringement or alleged infringement of any rights in the any intellectual property of the SIDBI or intellectual property rights in the Services granted to SIDBI.
8.12.3. The Consulting Agency shall indemnify and hold the SIDBI harmless against and from any claim which arises out of or in relation to the Consulting Agency’s performance of the Services. If, pursuant to any claim to which the indemnity in this Clause 8.12 applies, the Services or any part thereof are held to constitute an infringement of the third party’s intellectual property rights and/or use of the Services or any part thereof, the Consulting Agency shall, at its own cost, either procure for the SIDBI a non- terminable, non-exclusive, royalty-free transferable license from such third party to enable the SIDBI and its successors in title to the Services or, with the SIDBI prior written consent, reperform the Services enjoined with non-infringing Services of an equal or higher quality or modify the Services enjoined so that Services become non- infringing, provided, however, that no such replacement or modification shall in any way relieve the Consulting Agency of liability for any of its obligations under this Contract.
Consulting Agency indemnity obligations shall be contingent upon Consulting Agency sole right to defend such claims, Consulting Agency shall have no liability or obligation to indemnify SIDBI for any claim of infringement based upon use of superseded or altered version of the Deliverables by SIDBI, if the SIDBI uses the Deliverables for a purpose other than that contemplated by the engagement, if such infringement would have been avoided by the use of the Deliverable in a version that Consulting Agency has provided to client or use of the Deliverables in a manner that violates the terms of this contract.
8.12.4. If a Party is entitled to be indemnified under this Clause 8.12, the indemnifying Party may (at its cost) conduct negotiations for the settlement of the claim, and any litigation or arbitration which may arise from it. The other Party shall, at the request and cost of the indemnifying Party, assist in contesting the claim. This other Party (and its personnel) shall not make any admission which might be prejudicial to the
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indemnifying Party, unless the indemnifying Party failed to take over the conduct of any negotiations, litigation or arbitration upon being requested to do so by such other Party.
8.12.5. Without in any way limiting the foregoing provisions of this Clause 8.12, in the event of any such claim:
a. the Consulting Agency shall at the SIDBI request but at the Consulting
Agency’s own expense, complete one or more of the following without delay:
b. procure for the SIDBI the right to continue to use the intellectual property rights in question; or
c. modify or replace the subject-matter of the activities permitted by this Contract (at no cost to the SIDBI) so that it becomes non-infringing without loss of functionality or compatibility or affecting its use
8.13.1. The Consulting Agency represents and warrants that:
a. the intellectual property rights licensed by the Consulting Agency to the SIDBI, or any part of them:
b. is accurate or valid;
c. is suitable for the Contractor’s purpose;
d. is capable of being patented;
e. shall not cause any loss, damage or injury; or
f. the use of such intellectual property rights licensed by the Consulting Agency to the SIDBI does or shall not infringe the rights of any third party.
8.13.2. The Consulting Agency warrants and represents that:
a. it has all rights and licenses necessary to grant the SIDBI the licenses of intellectual property granted in this Clause []; and
b. the use of intellectual property by (or on behalf of) the SIDBI, will not infringe the intellectual property rights of any third party.
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9. Annexures and Appendix
9.1. Annexure –I: Bid Covering Letter
The General Manager
(To be submitted on Xxxxxx’x company letter head)
Date:
Small Industries Development Bank of India, Direct Credit Vertical
SIDBI Tower,
00, Xxxxx Xxxx Xxxxxxx, Xxxxx Xxxxxxx – 226001 xxx.xxxxx.xx
Phone:0000-0000000-00, 0000-0000000
Dear Xxx,
Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Study” of for IT Systems for application to sanction
journey of Direct Credit Business.
Tender No: 314/2022/1681/HO1/DCV dated January 05,2022
1. 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
2. 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.
3. We hereby agree to comply with all the terms and conditions / situations as contained in the RfP and the related addendums and other documents including the changes made to the original tender documents if any, issued by the Bank. 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 Banks decision not to accept any such extraneous conditions and deviations will be final and binding on us. We understand that any deviation may result in disqualification of our bid.
4. We agree to abide by this offer till 180 days from the date of last day for submission of offer (bid)
Thanking you,
Yours sincerely,
Date: | Signature of Authorised Signatory: |
Place: | Name of the Authorised Signatory: |
Designation: | |
Name of the Organization: | |
Seal … |
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9.2. Annexure –II: Minimum Eligibility Bid
A. Bidder Profile
Sr No | Particulars | Bidder Response |
1. | Name of the bidder | |
2. | Date of Incorporation | |
3. | Date of Commencement of Business | |
4. | ||
5. | Constitution of bidder | |
6. | Address of Registered office |
B. Details of Authorised Signatory / Representative of Xxxxxx (on whose favour PoA is submitted)
Sr No | Particulars | Bidder Response |
1. | Name | |
2. | Designation | |
3. | Land Line No | |
4. | Mobile No | |
5. | Email Id | |
6. | Power of Attorney in favour of authorised representative submitted | (Yes / No) Please submit the copy of the PoA |
C. Eligibility Criteria
S.N | Eligibility Criteria | Supporting Documents Required to be Submitted | Bidders response (pl also indicate Reference Page No. of relevant document in RfP response) |
1 | Bidder should be a limited company (Public/Private) registered in India under the Companies Act, 1956/2013 or Partnership firm / LLP registered in India under Partnership Act 1932/2008 as amended for the last 3 years as on RFP issuance date. | Certificate of Incorporation/ Registered Partnership Deed, PAN, TAN, GSTIN Certificate and any other tax related document if applicable, along with the copies of Memorandum of Association and Articles of Association are required to be submitted along with the eligibility bid. | |
2 | Bidder should have experience of at least 2 completed assignments for management consultancy combined with IT consultancy for Banks / Financial Institutions. The assignments should have been completed in last 5 years. 5 years will be counted from date of completion of Assignment. | Only completed assignments will be considered for evaluation. Completion Certificate or a Self- Declaration to be furnished by the Bidder on its letter head. A bidder should submit brief description of the assignment and duration of the assignment. |
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S.N | Eligibility Criteria | Supporting Documents Required to be Submitted | Bidders response (pl also indicate Reference Page No. of relevant document in RfP response) |
The Bank reserves the right to ask for contact details (Name, email, contact number) of the clients at the time of evaluation. | |||
3 | The Bidder should have annual revenue of at least Rs 50 crore from Advisory fee in any three of the previous five financial years starting from FY2017. Revenues refer to revenues that the bidder has earned as advisory fees in India on topics such as strategy / operations / sales / performance / transformation / turnaround / organization design / IT consultancy / digital transformation. | Copy of relevant audited financial statements. Auditors Certificate stating revenues from management consulting business in relevant financial years. | |
4 | The bidding company, as on the date of submission of bid, should not have been censured / blacklisted/ banned / barred / disqualified / prohibited by GoI or State Government or any regulator or any court of law including NCLT / NCLAT or any quasi-judicial authority or any other statutory authority. | Self-declaration to this effect on the company’s letter head should be submitted. | |
5 | The Consultant should not be owned or controlled by any Director or Employee of SIDBI (or their Relatives) | Self-Declaration by the Consultant on bidder’s letter head. Annexure XVII | |
6 | The Bidder should submit Pre- Contract Integrity Pact as per format provided at Annexure – XIV. | Pre-contract Integrity Pact duly signed by authorised signatory on non-judicial stamp paper of requisite value (cost to be borne by the Bidder) as per format. | |
7 | The Consultant should not have defaulted to any Bank within the jurisdiction of India | A self-certified letter to be submitted. Copy of CIBIL Report to be furnished. | |
8 | The Consultant should have Positive net worth (tangible) as on 31st March 2021. Net worth is to be calculated as follows: Capital Funds (Paid up Equity Capital + Paid up preference Shares + Free Reserve) – (Accumulated Balance of loss + Balance of deferred revenue expenditure + Other intangible | Audited financial statements (Provisional / Unaudited is also allowed) for FY2020-21. |
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S.N | Eligibility Criteria | Supporting Documents Required to be Submitted | Bidders response (pl also indicate Reference Page No. of relevant document in RfP response) |
assets). |
D. EMD and Tender Form Cost
Sr No | Particulars | Bidders Response |
1 | EMD Details | |
a | Mode of payment – DD / Pay order / Bank Guarantee / RTGS/NEFT | |
b | Number of DD/Pay Order / BG / UTR | |
c | Date of Issue of DD / Pay Order / BG or NEFT / RTGS Transfer | |
d | Issuing Bank of DD / Pay Order / BG / NEFT / RTGS | |
e | Amount (Rs) | |
f | Proof of direct deposit | |
2 | Tender Form Cost details | |
a | Mode of payment – DD / Pay order / Bank Guarantee / RTGS/NEFT | |
b | Number of DD/Pay Order / BG / UTR | |
c | Date of Issue of DD / Pay Order / BG or NEFT / RTGS Transfer | |
d | Issuing Bank of DD / Pay Order / BG / NEFT / RTGS | |
e | Amount (Rs) | |
f | Proof of direct deposit | |
Date: | Signature of Authorized Signatory: |
Place: | Name of the Authorized Signatory: |
Designation: | |
Name of the Organization: | |
Seal … |
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S.N | Criteria | Evaluation Parameter | Xxx Xxxxx | Scoring Methodology | Bidders response (pl also indicate Reference Page No. of relevant document in RfP response) | |
1 | Bidders Experience | Experience in providing management consultancy combined with IT consultancy at Banks / Financial Institutions for a minimum tenure of 3 months, in the areas of Digital solutions for credit delivery process for Banks / Financial Institutions in India in the last 5 years. 5 years will be counted from date of completion of Assignment. Experience with Development Financial Institutions would be an added advantage | 25 | 5 Marks for each completed eligible assignment. Only completed assignments will be considered for evaluation. Completion Certificate or a Self-Declaration to be furnished by the bidder on its letter head. A bidder should submit brief description of the assignment and duration of the assignment. The Bank reserves the right to ask for contact details (Name, email, contact number) of the clients at the time of technical evaluation. | ||
2 | Suitability of key resource - Project Head | ✓ Experience in the capacity of Project Head in providing IT consulting services at Banking & Financial Institutions (both Indian / Global) / Regulatory Bodies in Financial Sector for a minimum tenure of 3 months, formulation of business and IT strategy (Completed projects only). 5 years will be counted from date of completion of Assignment. ✓ Minimum experience of 15 years in providing IT consultancy services | 15 | CV should cover ✓ Educational Background and overall experience including management consulting experience ✓ Experience of relevant engagements in detail. Scoring shall be done through Evaluation and qualitative Assessment of CV and credentials submitted. | ||
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Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Analysis” of the IT Systems for application to sanction journey of Direct Credit Business | ||||||
S.N | Criteria | Evaluation Parameter | Max Marks | Scoring Methodology | Bidders response (pl also indicate Reference Page No. of relevant document in RfP response) | |
3 | Domain Expert -1 (Business) | Domain expert with experience across the following areas: ✓ Minimum experience of 10 years in providing business consultancy services ✓ Experience of providing consultancy for credit delivery to financial services clients in India like DFIs, AIFIs, Commercial Banks. Regulatory bodies, etc. ✓ Experience with DFIS engaged in MSME lending will be preferred. | 10 | CV should cover ✓ Educational Background and overall experience including management consulting experience ✓ Experience of relevant engagements in detail. Scoring shall be done through Evaluation and qualitative Assessment of CV and credentials submitted. | ||
4 | Domain Expert – 2 (Information Technology) | Domain expert with ✓ Minimum experience of 10 years in providing IT consultancy services ✓ Experience of providing IT consulting/advisory services to financial services clients in India like DFIs, AIFIs, Commercial Banks. Regulatory bodies, etc. ✓ Experience with DFIS engaged in MSME lending will be preferred. | 10 | CV should cover ✓ Educational Background and overall experience including management consulting experience ✓ Experience of relevant engagements in detail. Scoring shall be done through Evaluation and qualitative Assessment of CV and credentials submitted. | ||
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Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Analysis” of the IT Systems for application to sanction journey of Direct Credit Business | ||||||
S.N | Criteria | Evaluation Parameter | Max Marks | Scoring Methodology | Bidders response (pl also indicate Reference Page No. of relevant document in RfP response) | |
5 | Team Composition & suitability (excl. Project Head and Domain | Composition of rest of the team, quality and suitability – includes number and experience of professionals deployed for duration of assignment, other experts / capabilities proposed to be drawn, etc | 05 | CV should cover ✓ Educational Background and overall experience including management consulting experience ✓ Experience of relevant engagements in detail. Scoring shall be done through Evaluation and qualitative Assessment of CV and credentials submitted. | ||
6 | Presentation | ✓ Understanding of the scope of the assignment ✓ Understanding of MSME, Fintech and Financial sector and technology in use in financial sector ✓ Understanding of software solutions for digital credit delivery processes ✓ Understanding of deliverables of the engagement | 15 | Assessment by Evaluation Committee based on the presentation and interaction during the presentation to the Evaluation Committee | ||
7 | Approach and Methodology | ✓ Proposed approach and methodology for the entire scope of work for evolving the identifying gaps between business process and digital solutions for credit delivery process ✓ Project and delivery plan and timelines. | 20 | Assessment by Evaluation Committee based on the written submission and interaction during the presentation to the Evaluation Committee | ||
Date: Signature of Authorized Signatory: Place: Name of the Authorized Signatory: | ||||||
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Request for Proposal (RFP) for Engagement of a Consultant
for carrying out “GAP Analysis” of the IT Systems for application to sanction journey of Direct Credit Business
Designation: |
Name of the Organization: |
Seal … |
Note:
Documents submitted with response bid towards proof of evidence must be suitably tagged for easy identification during evaluation.
RFP No. 314/2022/1681/HO1/DCV
Issued on January 05,2022
Page:70 of 98
9.4. Annexure –IV: Self Declaration for non blacklisting
(To be submitted on Xxxxxx’x company letter head)
The General Manager
Small Industries Development Bank of India, Direct Credit Vertical
SIDBI Tower,
00, Xxxxx Xxxx Xxxxxxx, Xxxxx Xxxxxxx – 226001 xxx.xxxxx.xx
Phone:0000-0000000-00, 0000-0000000
Date:
Dear Xxx,
Declaration Regarding Clean Track Record
Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Study” of for IT
Systems for application to sanction journey of Direct Credit Business Tender No:
_314/2022/1681/HO1/DCV dated January 05,2022
I have carefully gone through the Terms & Conditions contained in the RFP Tender No:
_314/2022/1681/HO1/DCV dated January 05,2022 for Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Study” of for IT Systems for application to sanction journey of Direct Credit Business
We hereby declare that our company has not been censured / black listed / banned / barred / disqualified / prohibited by Government of India or State Government or any regulator or any court of law including NCLT / NCLAT or any quasi judicial authority or any other statutory authority, as on date of submission of the bid.
I further certify that I am competent officer in my company to make this declaration 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 Organisation … | |
Seal … |
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Issued on January 05,2022
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Request for Proposal (RFP) for Engagement of a Consultant
for carrying out “GAP Analysis” of the IT Systems for application to sanction journey of Direct Credit Business
9.5. Annexure –V: Letter of Competence
(To be executed on a non judicial stamp paper of Rs.100/-)
(Tender No: _314/2022/1681/HO1/DCV dated January 05,2022)
This is to certify that we [Insert name of Bidder], address are fully competent
to undertake and successfully deliver the consultancy services 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 for Consultancy 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 … |
RFP No. 314/2022/1681/HO1/DCV
Issued on January 05,2022
Page:72 of 98
Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Analysis” of the IT Systems for application to sanction journey of Direct Credit Business 9.6. Annexure –VI: Power of Attorney (To be executed on a non judicial stamp paper of Rs.100/-) BY THIS POWER OF ATTORNEY executed at _ on , 2021, 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 Request for proposal Tender No: _314/2022/1681/HO1/DCV dated January 05,2022 for ‘Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Study” of for IT Systems for application to sanction journey of Direct Credit Business’ 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 | ||||
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Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Analysis” of the IT Systems for application to sanction journey of Direct Credit Business 9.7. Annexure –VII: Letter of Conformity (To be submitted on Bidder’s company letter head) Date: To, The General Manager Small Industries Development Bank of India, Direct Credit Vertical SIDBI Tower, 00, Xxxxx Xxxx Xxxxxxx, Xxxxx Xxxxxxx – 000000 xxx.xxxxx.xx Phone:0000-0000000-00, 0000-0000000 Dear Sir, Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Study” of for IT Systems for application to sanction journey of Direct Credit Business (Tender No: 314/2022/1681/HO1/DCV dated January 05,2022) We, the undersigned bidders, having read and examined the aforesaid RfP document, issued by SIDBI and 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-XI 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 … | ||||
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Request for Proposal (RFP) for Engagement of a Consultant
for carrying out “GAP Analysis” of the IT Systems for application to sanction journey of Direct Credit Business
Place | Name of the Authorised Signatory … |
Designation … | |
Name of the Organisation … | |
Seal … |
RFP No. 314/2022/1681/HO1/DCV
Issued on January 05,2022
Page:75 of 98
Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Analysis” of the IT Systems for application to sanction journey of Direct Credit Business 9.8. Annexure –VIII: EMD / Bid Security Form (Sample Format - TO BE EXECUTED ON A NON-JUDICIAL STAMPED PAPER) To: SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA WHEREAS …………………………………………………….. (Name of Vendor) (hereinafter called the ‘the Vendor”) has undertaken, in pursuance of Request for Proposal Tender No: 314/2022/1681/HO1/DCV dated January 05,2022 for Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Study” of for IT Systems for application to sanction journey of Direct Credit Business (Herein after called the ‘the RFP”) to you. AND WHEREAS, it has been stipulated by you in the said RFP that the Vendor shall furnish you with a Bank Guarantee from a commercial Bank for the sum specified therein, as security for compliance with the Vendor’s performance obligations in accordance with the RFP. AND WHEREAS we ----------------Bank having its registered office at and inter alia a branch office situate at ------- have agreed to give a performance guarantee in lieu of EMD of ` --------- (Rupees ----- ------------- only) on behalf of the Vendor. We Bank further undertake not to revoke and make ineffective the guarantee during it’s currency except with the previous consent of the buyer in writing. We ------ Bank do hereby unconditionally and irrevocably undertake to pay to SIDBI without any demur or protest, merely on demand from SIDBI, an amount not exceeding Rs. ---------- (--------- only).by reason of any breach of the terms of the RFP dated by vendor. We hereby agree that the decision of the SIDBI regarding breach of the terms of the RFP shall be final, conclusive and binding WE do hereby guarantee and undertake to pay forthwith on demand to SIDBI a sum not exceeding `……………/-. (Rupees only) (amount of the Guarantee in words and figures) and we undertake to pay you upon your first written demand declaring the Vendor to be in default under the RFP and without cavil or argument, any sum or sums within the limit of ` /-. (Rupees …………………………..… only) (Amount of guarantee) as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein. Our obligation to make payment under this Guarantee shall be a primary, independent and absolute obligation and we shall not be entitled to delay or withhold payment for any reason. Our obligations hereunder shall not be affected by any act, omission, matter or thing which but for this provision might operate to release or otherwise exonerate us from our obligations hereunder in whole or in part, including and whether or not known to us or you: 1. Any time or waiver granted to the vendor; 2. The taking, variation, compromise, renewal or release of or refusal or neglect to perfect or enforce any rights, remedies or securities against the vendor; | ||||
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Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Analysis” of the IT Systems for application to sanction journey of Direct Credit Business 3. Any Variation of or amendment to the RFP or any other document or security so that references to the Contract in this Guarantee shall include each such Variation and amendment; 4. any unenforceability, invalidity or frustration of any obligation of the VENDOR or any other person under the RFP or any other document or security waiver by you of any of the terms provisions conditions obligations UNDER RFP or any failure to make demand upon or take action against the VENDOR; 5. any other fact, circumstance, provision of statute or rule of law which might, were our liability to be secondary rather than primary, entitle us to be released in whole or in part from our undertaking; and; 6. any change in constitution of the vendor; 7. any petition for the winding up of the VENDOR has been admitted and a liquidator or provisional liquidator has been appointed or an order of bankruptcy or an order for the winding up or dissolution of the vendor has been made by a Court of competent jurisdiction; The written demand referred to in paragraph above shall be deemed to be sufficiently served on us if you deliver to us at the address as set out in paragraph 3. This guarantee is valid until the ……….. day of …………. And a claim in writing is required to be presented to us within three months from i.e. on or before all your rights will be forfeited and we shall be relieved of and discharged from all our liabilities mentioned hereinabove. Signature and Seal of Guarantors (Vendor’s Bank) ………………………………………………………….. Date……………………………………………………. Address ………………………………………………… …………………………………………………………… …………………………………………………………… | ||||
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Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Analysis” of the IT Systems for application to sanction journey of Direct Credit Business 9.9. Annexure –IX: Non-Disclosure Agreement (Sample Format – To be executed on a non-judicial stamped paper of Rs.100/-) WHEREAS, we, , having Registered Office at , hereinafter referred to as the COMPANY, are agreeable to execute “Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Study” of for IT Systems for application to sanction journey of Direct Credit Business” as per scope defined in the Request for Proposal (RfP) Tender No: 314/2022/1681/HO1/DCV dated January 05,2022 for Small Industries Development Bank of India, having its Head office at SIDBI Xxxxx, 00 Xxxxx Xxxx, Xxxxxxx, 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. Yours sincerely, | ||||
Date | Signature of Authorised Signatory … | |||
Place | Name of the Authorised Signatory … | |||
Designation … | ||||
Seal | Name of the Organisation … | |||
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Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Analysis” of the IT Systems for application to sanction journey of Direct Credit Business 9.10. Annexure – X: Bank Mandate Form (To be submitted in Duplicate and to be print to be taken back to back) (Please fill in the information in CAPITAL LETTERS. Please TICK wherever it is applicable) 1. Name of Vendor/Bidder: Vendor Code (if applicable) 2. Address of the Vendor/bidder : 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 : | ||||||||||||||||||
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Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Analysis” of the IT Systems for application to sanction journey of Direct Credit Business 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. | ||||
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Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Analysis” of the IT Systems for application to sanction journey of Direct Credit Business 9.11. Annexure – XI: Statement of Deviations (To be submitted on Bidder’s company letter head) 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. <additional rows may be added, if required> Date Signature of Authorised Signatory: Place Name of the Authorised Signatory: Designation: Name of the Organisation: Seal: | ||||
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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 | ||||
9.12. Annexure – XII: Commercial Bid
(To be submitted on Xxxxxx’x company letter head)
Commercial Format for the full duration of 6 weeks, fixed price contract – no other expenses / monies will be payable beyond this amount but for applicable GST.
Item | Amount in (INR) excluding GST | Amount in words (excluding GST) |
Total Consulting fees For a period of 6 weeks | Xxxxx | Xxxxx |
Terms and Conditions
1. In case there is a mismatch between the words and figures, the amount mentioned in words will be considered.
2. Further, we confirm that we will abide by all the terms and conditions mentioned in the Request for Proposal document.
3. We have not added or modified any clauses/ statements/ recordings/ declarations in the commercial offer, which is conditional and/or qualified or subjected to suggestions or which contain any deviation in terms & conditions or any specification.
4. We have understood that in case of non-adherence to any of the above, our offer will be summarily rejected.
5. Please note that any Commercial offer which is conditional and/ or qualified or subjected to suggestions will also be summarily rejected. This offer shall not contain any deviation in terms & condition or any specifications, if so, such offer will be summarily rejected.
6. All prices should be quoted in (INR) only. The Total cost will be exclusive of GST and other applicable taxes. However, GST and other applicable taxes will be paid as per actuals
Date | Signature of Authorised Signatory: |
Place | Name of the Authorised Signatory: |
Designation: | |
Name of the Organisation: | |
Seal: |
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9.13. Annexure – XIII: Performance Bank Guarantee (To be executed on a non judicial stamp paper of requisite value by the Shortlisted Bidder) KNOW ALL MEN BY THESE PRESENTS that in consideration of the Small Industries Development Bank of India (SIDBI), a Corporation constituted and established under the Small Industries Development Bank of India Act, 1989, and having its Head Office at SIDBI Xxxxx, 00 Xxxxx Xxxx, Xxxxxxx, 000000, (hereinafter called the SIDBI ) having agreed to award a contract to M/s. ‘ having its office at ‘ , (hereinafter called "the Consulting Agency") for “Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Study” of for IT Systems for application to sanction journey of Direct Credit Business” on the terms and conditions contained in the Purchase order No………. dated placed with the Consulting Agency and SIDBI (hereinafter called "the said Order”) which terms, interalia, stipulates for submission of Bank guarantee for 10% of the contract value i.e. `. (Rupees only), for the due fulfillment by the Service Provider of the terms and conditions of the said Order. At the request of the Consulting Agency, (Bank name & address) _ _, having its principal/ registered office at and, for the purposes of this Guarantee, acting through its branch namely (Bank name & address) (herein after referred to as (Bank name) which term shall mean and include, unless to repugnant to the context or meaning thereof, its successors and permitted assigns), hereby issue our guarantee No in favour of Small Industries Development Bank of India (SIDBI) 1. We, do hereby unconditionally and irrevocably undertake to pay to SIDBI, without any demur or protest, merely on receipt of a written demand in original before the close of banking business hours on or before , at our counters at (Bank address) from SIDBI an amount not exceeding by reason of any breach by the Consulting Agency of the terms and conditions contained in the said Agreement, the opinion of the SIDBI regarding breach shall be final, conclusive and binding. 2. We do hereby guarantee and undertake to pay forthwith on written demand to SIDBI such sum not exceeding the said sum of `. (Rupees only) as may be specified in such written demand, in the event of the Service Provider failing or neglecting to perform the said Order for “Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Study” of for IT Systems for application to sanction journey of Direct Credit Business” to SIDBI in the manner and in accordance with the design specification, terms and conditions, contained or referred to in the said Order during its tenure. 3. We further agree that the guarantee herein contained shall remain in full force and effect till all obligations of Service Provider under or by virtue of the said Order have been fully and properly carried out or till validity date of this guarantee i.e. , whichever is earlier. 4. We undertake to pay to SIDBI all the money as per this Guarantee, notwithstanding any dispute or disputes raised by the Consulting Agency in any suit or proceeding pending before any court, tribunal or authority relating thereto or otherwise and our liability under these being absolute and unequivocal. 5. We further agree with you that SIDBI shall have the fullest liberty without our consent and without affecting in any manner our obligation hereunder (i) to vary any of the terms and conditions of the said Order (ii) to extend time for performance by the said Consulting Agency from time to time or postpone for any time (iii) to exercise or forbear to exercise any of the powers exercisable by SIDBI against said Consulting Agency and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our | ||||
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Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Analysis” of the IT Systems for application to sanction journey of Direct Credit Business liability by reasons of any such variations or modifications or extension being granted to the said Service Provider for any forbearance act or omission on the part of SIDBI or any indulgence by the SIDBI to the said agreement or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provisions, have an effect of so relieving us. However, nothing contained hereinbefore shall increase our liability under the guarantee above or extend beyond 6. The liability under this guarantee is restricted to `. (Rupees only) and will expire on (date) and unless a claim in writing is presented to us at counters at (bank & address) on or before (date) all your rights will be forfeited and we shall be relieved of and discharged from all our liabilities hereunder. 7. The Guarantee herein contained shall not be determined or affected by Liquidation or winding up or insolvency or closure of the Consulting Agency or any change in the constitution of the Consulting Agency or of the Bank. 8. The executants has the power to issue this guarantee and executants on behalf of the Bank and hold full and valid Power of Attorney granted in their favour by the Bank authorizing them to execute this guarantee. 9. Notwithstanding anything contained hereinabove, our liability under this guarantee is restricted to ` (Rupees ). 10. This guarantee shall remain in force until (date) . Our liability hereunder is conditional upon your lodging a demand or claim with us and unless a demand or claim is lodged with us on or before (date) , your rights under the guarantee shall be forfeited and we shall not be liable there under. This guarantee shall be governed by and construed in accordance with the laws of India. The Guarantee will be returned to the Bank when the purpose of the guarantee has been fulfilled or at its expiry, whichever is earlier. 11. We, (bank name, place) lastly undertake not to revoke this guarantee during its currency except with the previous consent of SIDBI in writing. 12. Notwithstanding anything to the contrary contained herein, the liability of (bank name & place) under this guarantee is restricted to a maximum total amount of ` (Rupees ). 13. Our liability pursuant to this guarantee is conditional upon the receipt of a valid and duly executed written claim, in original, by (bank name & address) , delivered by hand, courier or registered post, prior to close of banking hours on (date) , failing which all rights under this guarantee shall be forfeited and (bank name & place) shall be absolutely and unequivocally discharged of all of its obligations hereunder. This Guarantee shall be governed by and construed in accordance with the laws of India and competent courts in the city of (place ) shall have exclusive jurisdiction. 14. Kindly return the original of this guarantee to (bank name & address) upon the earlier of (a) its discharge by payment of claims aggregating to ` (Rupees ) (b) fulfillment of the purpose for which this guarantee was issued; or (c) (date)” | ||||
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Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Analysis” of the IT Systems for application to sanction journey of Direct Credit Business 15. All claims under this guarantee will be made payable at (bank name & address) by way of DD payable at Lucknow In witness where of we ...................... have set and subscribed our hand and seal this ........................ day of 2014. SIGNED, SEALED AND DELIVERED. BY AT IN THE PRESENCE OF WITNESS : 1) Name.......................... Signature....................... Designation.................. 2) Name.......................... Signature....................... Designation.................. | ||||
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Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Analysis” of the IT Systems for application to sanction journey of Direct Credit Business 9.14. Annexure-XIV: 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 , 2015 between Small Industries Development Bank of India, having its Head Office at 00, Xxxxx Xxxx, Xxxxxxx – 000000 (hereinafter called the “BUYER”/”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/Seller” which expression shall mean and include, unless the context otherwise requires, his successors and permitted assigns) of the Second Part. WHEREAS the BUYER proposes to appoint management consultant for formulation of Business Strategy of the Bank and the BIDDER/Seller 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 the BUYER 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 the BUYER to obtain the desired said stores/equipment/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 the BUYER 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 the BUYER 2.1 The BUYER undertakes that no official of the BUYER, connected directly or indirectly with the contract, will demand, take a promise for or accept, directly or through intermediaries, any bribe, consideration, gift, reward, favour or any material or immaterial benefit or any other advantage from the BIDDER, either for themselves or for any person, organization or third party related to the contract in exchange for an advantage in the bidding process, bid evaluation, contracting or implementation process related to the contract. 2.2 The BUYER will during the pre-contract stage, treat all BIDDERs alike, and will provide to all BIDDERs the same information and will not provide any such information to any particular BIDDER which could afford an advantage to that particular BIDDER in comparison to other BIDDERs. 2.3 All the officials of the BUYER will report to the appropriate Government office any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach. | ||||
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Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Analysis” of the IT Systems for application to sanction journey of Direct Credit Business 2.4 In case any such preceding misconduct on the part of such official(s) is reported by the BIDDER to the BUYER with full and verifiable facts and the same is prima facia found to be correct by the BUYER, necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may be initiated by the BUYER and 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 the BUYER 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 the BUYER, 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 the BUYER or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with the Government for showing or forbearing to show favour or disfavor to any person in relation to the contract or any other contract with the Government. 3.3 BIDDERs shall disclose the name and address of agents and representatives and Indian BIDDERs shall disclose their foreign principals or associates. 3.4 BIDDERs shall disclose the payments to be made by them to agents/brokers or any other intermediary, in connection with this bid/contract. 3.5 The BIDDER further confirms and declares to the BUYER that the BIDDER is the original 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 the BUYER 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 the BUYER 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. | ||||
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Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Analysis” of the IT Systems for application to sanction journey of Direct Credit Business 3.9 The BIDDER shall not use improperly, for purposes of competition or personal gain or pass on the others, any information provided by the BUYER as part of the business relationship, regarding plans, technical proposals and business details, including information contained in any electronic data carrier. The BIDDER also undertakes to exercise due and adequate care lest any such information is divulged. 3.10 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 the BUYER 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 the BUYER. 4 Previous Transgression 4.1 The BIDDER declares that no previous transgression occurred in the last three years immediately before signing of this integrity Pact, with any other company in any country in respect of any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any Government Department in India that could justify 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 Earnest Money (Security Deposit) 5.1 While submitting commercial bid, the BIDDER shall deposit an amount of Rs.50,000/- as Earnest Money/Security Deposit, with the BUYER through any of the following instrument. (i) Bank Draft or a Pay Order in favour of Small Industries Bank of India, Payable at Lucknow (ii) A confirmed guarantee by an Indian Nationalised Bank, promising payment of the guaranteed sum to the BUYER immediately on demand without any demur whatsoever and without seeking any reasons whatsoever. The demand for payment by the BUYER shall be treated as conclusive proof of payment. 5.2 Earnest Money/Security Deposit shall be valid till the date of bid validity as mentioned in the RfP. 5.3 In case of the successful BIDDER a clause would also be incorporated in the Article pertaining to Performance Bond in the Purchase Contract that the provision of Sanctions for Violation shall be applicable for forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact. 5.4 No interest shall be payable by the BUYER to the BIDDER on Earnest Money/Security Deposit for the period of its currency. 6 Sanctions for Violations | ||||
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Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Analysis” of the IT Systems for application to sanction journey of Direct Credit Business 6.1 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 the BUYER 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 the BUYER and the BUYER shall not be required to assign any reason therefore. iii. To immediately cancel the contract, if already signed, without giving any compensation to the BIDDER iv. To recover all sums already paid by the BUYER, and in case of 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 the BUYER along with interest. vi. To cancel all or any other Contracts with the BIDDER, the BIDDER shall be liable to pay compensation for any loss or damage to the BUYER resulting from such cancellation/rescission and the BUYER shall be entitled to deduct the amount so payable from the money(s) due to the BIDDER vii. To debar the BIDDER from participating in future bidding processes of the buyer or its associates or subsidiaries for minimum period of five years, which may be further extended at the discretion of the BUYER. viii. To 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 the BUYER with BIDER, the same shall not be opened. x. Forfeiture of Performance Bond in case of decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact. 6.2 The BUYER will be entitled to take all or any of the actions mentioned at para 6.1(i) to (x) of this Pact also on the commission by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER), of an offence as 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. 6.3 The decision of the BUYER 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. 7 Fall Clause | ||||
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Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Analysis” of the IT Systems for application to sanction journey of Direct Credit Business 7.1 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. 8 Independent Monitors 8.1 The BUYER is in the process of appointing Independent Monitors (hereinafter referred to as Monitors) for this Pact in consultation with the Central Vigilance Commission. 8.2 The task of the Monitors shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact. 8.3 The Monitors shall not be subject to instruction by the representatives of the parties and perform their functions neutrally and independently. 8.4 Both the parties accept that the Monitors have the right to access all the documents relating to the project/procurement, including minutes of meetings. 8.5 As soon as the Monitor notices or has reason to believe, a violation of the Pact, he will so inform the Authority designated by the BUYER 8.6 The BIDDER(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the BUYER including that provided by the BIDDER. The BIDDER will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project 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 8.7 The BUYER will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings 8.8 The Monitor will submit a written report to the designed Authority of the BUYER within 8 to 10 weeks from the date of reference or intimation to him by the BUYER/BIDDER and should the occasion arise, submit proposals for correcting problematic situations. 9 Facilitation of Investigation In case of any allegation of violation of any provision of this Pact or payment of commission, the BUYER or its agencies shall be entitled to examine all the documents including the Books of Accounts of the BIDDER and the BIDDER shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination. 10 Law and Place of Jurisdiction This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the BUYER 11 Other 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. | ||||
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Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Analysis” of the IT Systems for application to sanction journey of Direct Credit Business 12 Validity 12.1 The validity of this Integrity Pact shall be from date of its signing and extend upto 5 years or the complete execution of the contract to the satisfaction of both the BUYER and the BIDDER/Seller, in case BIDDER is unsuccessful (unsuccessful bidder), this integrity Pact shall expire after six months from the date of the signing of the contract. 12.2 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. 13 The parties hereby sign this integrity Pact, at on BUYER BIDDER Name of the Officer Designation Authorized Signatory SIDBI Witness Witness 1. 1. 2. 2. | ||||
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9.15. Annexure XV: Proposed Team Profile The details of each team members including Project Head, Domain Experts, Project Manager, other team members should be provided in the format given below. This appendix must be filled up in respect of all the team members who will directly associated with the proposed assignment. | |||||||||
Sr No | Name | Present Position | Experience in No of years | Area of Expertise | Task / Role in Proposed Assignment | Nationality | Engagement in the proposed assignment (in Man days) | ||
Project Head | |||||||||
Domain Expert 1 | |||||||||
Domain Expert 2 | |||||||||
Member | |||||||||
Member | |||||||||
Member | |||||||||
Add more rows if required. 1. The bidder should also submit detailed CVs / Resume of each team members including Project Head, Domain Experts, Project Manager, other team members, to work on the proposed assignment. 2. The CV / Resume should cover name, nationality, educational qualification, language known, years in the present firm / company, total work experience, total experience in management consultancy, Areas of expertise relevant to proposed assignment, Role in proposed assignment, experience of relevant engagement in detail (name of assignment, period of assignment, his / her role in assignment, detailed scope / task etc), etc. 3. The CVs / Resume should be of maximum 5 pages each and signed by the respective person confirming that the information given in the CV / resume is correct. | |||||||||
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Request for Proposal (RFP) for Engagement of a Consultant
for carrying out “GAP Analysis” of the IT Systems for application to sanction journey of Direct Credit Business
Date | Signature of Authorised Signatory: |
Place | Name of the Authorised Signatory: |
Designation: | |
Name of the Organisation: | |
Seal: |
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9.16. Annexure XVI : Land Border Sharing Declaration
(This letter should be on the letterhead of the Bidder duly signed by an authorized signatory)
To,
The General Manager
Small Industries Development Bank of India, Direct Credit Vertical
SIDBI Tower,
00, Xxxxx Xxxx Xxxxxxx, Xxxxx Xxxxxxx – 226001 xxx.xxxxx.xx
Phone:0000-0000000-00, 0000-0000000
Dear Xxx,
Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Study” of for IT Systems for application to sanction
journey of Direct Credit Business
Tender No: 314/2022/1681/HO1/DCV dated January 05,2022
We have read Office Memorandum F.No.6/18/2019-PPD dated 23.07.2020 issued by the Ministry of Finance, Department of Expenditure, Public Procurement Division inserting Rule 144 (xi) in GFRs 2017 which defines clauses regarding restrictions or procurement from a bidder of a country which shares a land border with India.
We certify that this bidder is not from such a country or, if from such a country, has been registered with the competent authority.
We certify that this bidder fulfils all requirements in this regard and is eligible to be considered. [Where applicable, evidence of valid registration by the competent authority shall be attached.]
Date | Signature of Authorised Signatory: |
Place | Name of the Authorised Signatory: |
Designation: | |
Name of the Organisation: | |
Seal: |
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Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Analysis” of the IT Systems for application to sanction journey of Direct Credit Business (On letterhead of the bidder duly stamped and signed) DECLARATION-CUM-CERTIFICATE TO WHOM SO EVER IT MAY CONCERN This is to certify that (Name of the Bidder) is not a related party to SIDBI as per the provisions of Companies Act 2013, as amended from time to time. Name: Designation: Date: | ||||
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Request for Proposal (RFP) for Engagement of a Consultant for carrying out “GAP Analysis” of the IT Systems for application to sanction journey of Direct Credit Business 9.18. Annexure – XVIII: Modalities for submission of E-Bids The interested bidders shall submit the E-Bids / Proposals to designated E-mail Ids only in place of physical submission. Evaluation process would start based on E-bids submitted by the bidders; however, the bidders shall also ensure that physical copies of the eligibility and technical bids only are also submitted in due course on or before January 27, 2022. While submitting the soft copies of the bids, the bidder shall prepare three (03) zip files as per the following for submission to SIDBI through email: 1. Zip File 01 - Minimum Eligibility Bid.zip (containing all the necessary information / templates / annexure to be provided as per the tender document) 2. Zip File 02 – Password protected Technical Bid.zip (containing all the necessary information / templates / annexure to be provided as per the tender document). Password of the Technical Bid shall be submitted after 14:00 hours and before 15:00 hours on January 27, 2022 on mail ids of officials of SIDBI as mentioned under “Important Information” on page 4 of this RFP document. 3. Zip File 03 – Password protected Commercial Bid.zip (as per the format provided in the tender) a) Note: ✓ In case the file size of the Zip File 01 & 02 (as above) is very high and the bidders faces any challenges in sending these files (as attachments) in the mail, the bidder may also opt for providing the “One Drive” or “Google Drive” downloadable link (without any restriction / authorization required) for these zip file. ✓ It is clarified that the Zip File 03 – Commercial Bid.zip should mandatorily has to be enclosed in the mail and should not be provided through a downloadable link. ✓ Multiple mails for submitting the bids should be avoided. In case of multiple submissions by the Bidder, the first submission made will be given precedence. The soft copies of the bids as per the instructions indicated above, should be submitted to the email ids mentioned under “Important Information” on page no. 3 & 4 of this RFP document. ✓ The bids received within the deadline i.e. January 27, 2022 (14:00 hours) only shall be considered for further evaluation. It is clarified that any delay / lag due to connectivity of for whatsoever reason leading to delay in submission of the proposal shall be not accepted by SIDBI. Bidder to ensure that the proposal reaches to SIDBI Inbox through email before the deadline. ✓ Submission of bids by emails is only allowed. ✓ The Cover letter for Bid must be submitted to the Bank at the following address: The General Manager Small Industries Development Bank of India, 3rd Floor, Direct Credit Vertical SIDBI Tower, 00 - Xxxxx Xxxx Xxxxxxx, Xxxxx Xxxxxxx – 000000 xxx.xxxxx.xx || Phone: 0522 - 2288546-50 / 0522 – 4259700 b) Regarding “Commercial bid” submission ✓ The soft copy of the commercial bid (Zip File 03 - Commercial Bid.zip) should be in the .pdf format (not editable but printable) only and should be “Password Protected”. The password to open the commercial bids shall be shared by the Bidders only at the time of opening of the commercial bids. The commercial bid in any other format and not meeting the above criteria shall not be accepted and the bidder shall be considered as “Disqualified”. ✓ SIDBI shall not be responsible for any claim by any of the bidder with regard to the cracking of the password or etc. in respect of the commercial bid. ✓ Further, it is also clarified that at the time of opening of the commercial bid, if the bid file does not open or shows some error like “invalid file” or “corrupted file” or “Wrong Password” or any other reason, that bid shall not be considered for further evaluation and | ||||
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shall be considered as “Invalid Bid” and the respective bidder
disqualified for the further evaluation stage.
c) Submission of Annexures
shall automatically be
✓ In regard to the annexures to be submitted on the Non-Judicial Stamp Paper, in case bidders find difficulty in obtaining the stamp papers, the bidder may submit the soft copies as per the following:
Power of Attorney
Non-Disclosure Agreement EMD/Bid Security Form Pre-contract integrity pact
Scanned Copy of the Non-Judicial Stamp Paper
“OR”
Scanned copy on the Letter Head of Bidder
✓ All other annexures indicted in the RFP / tender documents are required to be submitted as per the tender document (soft copy -duly signed & stamped – as per the format). It is mentioned that at the time of award of the contract, the original copy of the same shall be obtained on the Non-Judicial Stamp Paper of requisite value upfront before executing the contract with the final bidder.
(d) EMD & Tender Fee Payment
✓ The bidder may make the payment towards EMD & Tender Fee through Online Mode in the account of SIDBI (through RTGS / NEFT) mentioned under “Note to Important Information” on page no. 4 of this RFP document.
✓ Upon making necessary payment, the bidder is required to submit the proof of the payment towards Tender Fee & EMD (Receipt Generated along-with Ref. No.) along-with the proposal. Bidder exempted from the Tender Fee & EMD (as per the provisions) shall be required to submit the MSE Registration Certificate to support the exemption. It may be mentioned that Non-submission of the requisite document shall lead to rejection of the proposal by SIDBI.
RFP No. 314/2022/1681/HO1/DCV
Issued on January 05,2022
Page:97 of 98
END OF RFP
RFP No. 314/2022/1681/HO1/DCV
Issued on January 05,2022
Page:98 of 98