IDBI BANK LIMITED Regd.Off. IDBI Tower, WTC Complex, Cuffe Parade,Mumbai

Transcription

1 IDBI BANK LIMITED Regd.Off. IDBI Tower, WTC Complex, Cuffe Parade,Mumbai Tender Notice Contract for installation & Providing Tea/Coffee from Vending Machines Sealed Tenders are invited by IDBI Bank Ltd. from established and reputable service providers for contract for installation of vending machines and providing Tea/Coffee to its staff and guests/visitors at Corporate Office, Mumbai. For details, please visit IDBI Bank Ltd. website Last date for submission of tender is September 2, 2013 up to Hrs. 1

2 Tender for contract for Supply of branded Tea /Coffee through Vending Machine IDBI Bank invites tender from established and reputable service provider having sufficient experience for installation (including maintenance) of 12 nos. Tea/Coffee Vending Machines and supply of branded Tea/Coffee through these machines on contractual basis at various floors to staff and guests/visitors of IDBI Bank Ltd. Corporate Office at IDBI Tower, Cuffee Parade, Mumbai Procedure for submitting Tender The Tender shall be submitted in two parts viz. Part-I (Technical bid) and Part- II (Financial bid) in two separate covers which are to be sealed and put in a master envelop super-scribing with the words "Tender for installation and supply of Tea /Coffee through Vending Machines". Cover I This Cover forming Part-I of the Tender should be super-scribed with the words Tender for installation and supply of Tea /Coffee through Vending Machines (Corporate Office, Mumbai) Service Contract Technical Bid, containing following information / documents, duly addressed to the Deputy General Manager (Administration), IDBI Bank Ltd., Mumbai and be dropped in the Tender Box placed on 4th floor of IDBI Tower between 10 a.m and 4 p.m on any working day of the Bank on or before September 2, 2013 up to hrs (1 p.m).for further details bidders may contact Mr. T. Bandyopadhyay, DGM on or Mr. Mohd. Yusuf, AGM on or Nimesh Mayekar, Manager on Documents/Information to be submitted: Company profile giving: a) Year of establishment; b) Name/s of proprietor/partners of the bidders with their residential addresses and telephone numbers; c) Self attested copy of deed of partnership, if the bidder is a partnership concern; 2

3 d) Self attested copies of Registration and Sales Tax certificate and certificate issued in the name of the company under shops and Establishment Act; e) Copy of PAN card. f) Self attested copy/ies of income-tax clearance certificate/s for last 3 years; g) List of establishments where bidder s vending machines are currently installed with date of contract and number of machines installed and Tea/Coffee served per day. h) Annual turnover for last three years (audited balance sheet to be enclosed); i) Manpower position (present); j) Declaration on letterhead of the bidder(s) that it has never been involved in any illegal activity or financial frauds; k) Declaration on letterhead of the bidder(s) that its contract in the past was not terminated during the contract period due to unsatisfactory performance, nor it refused to continue the services for the Bank after the contract was awarded by the Bank in the past; l) Declaration on letterhead of the bidder(s) that they have not been put in negative list by any public sector bank/ Govt. organization, for breach of applicable Laws or violation of regulatory prescriptions or breach of agreement. m) Demand draft of Rs.2,00,000/-(Rupees Two lakh only) drawn in favour of IDBI Bank Ltd, payable in Mumbai, towards Earnest Money Deposit (EMD). It may be noted that the EMD shall not carry any interest and that EMDs of the unsuccessful bidders would be refunded only after finalization of the tender or within 90 days from the date of opening of Part-I of the tender, whichever is earlier. The EMD of the successful bidder would be converted into Security Deposit and shall not carry any interest and would be refunded at the time of termination of the contract period. Tenders without EMD would not be considered; 3

4 n) Application for Tender duly signed by the authorized person(s) of the bidder (Annexure I); o) The bidders must enclose the copy of terms & conditions - Annexure III A & B duly signed by the authorized person(s). N.B:- 1) Only one tender per vendor will be accepted. 2) It may be noted that tenders not accompanied by any one of the above documents or satisfactory explanation therefore will be liable for rejection forthwith. 3) Document mentioned above from (a) to (o) may be submitted in serial order. All concerned may note that only Technical Bid (Part-I) will be opened at 15:00 hrs on last date of receipt of the tenders i.e. September 2, 2013 for pre-qualification of the bidders. Please Note:- The bidder presently awarded contract for IDBI Bank Officers Lounge & Dining Room and Staff Canteen at (Corporate Office) Mumbai are not eligible to participate in the present tender. Cover-II This Cover forming Part II of the Tender should be super-scribed with the words Tender for installation and supply of Tea /Coffee through Vending Machines (Corporate Office, Mumbai) Service Contract Financial Bid. Rates for Tea/Coffee to be served are to be indicated in the format as given in Annexure IV This cover will be opened subsequently after short-listing the bidders based on technical bids. Notes:- a) Bidder shall satisfy pre-qualification criteria (Annexure-II) to qualify in the Technical Bid. b) The bidders, short-listed on the basis of the Technical bid only shall participate in the Financial bid. c) IDBI Bank Ltd shall have the right to decide on the omission of the participating bidders on the basis of Technical qualifications, without giving explanation to any of the participants or any other parties and also exclude them on the basis so decided by the Bank to participate in the financial bid. 4

5 *********** Annexure I (To be submitted on letterhead of the bidders along with Technical Bid) The Deputy General Manager, Administration Department, IDBI Bank Ltd, Head Office, IDBI Tower, WTC Complex, Cuffe Parade, Mumbai Dear Sir, Tender for contract for Supply of branded Tea /Coffee through Vending Machine 1. After going through the Tender Documents, the receipt whereof is hereby duly acknowledged, I/we undertake to offer my/our services in conformity with your requirements and the terms and conditions of the Contract including scope of work and specific conditions, set out in the Tender document (Annexure III). 2. I/We agree and undertake, if our bid is successful & accepted, to deliver and commission the services in accordance with the requirement of the Bank. We agree that we would open a fresh account with the specified Branch of IDBI Bank Ltd. for covering all transactions relating to all our operation with IDBI Bank Ltd. throughout the period of contract. 3. I/We agree to abide by the terms & conditions of the Tender and that the bids would remain valid for at least 90 days from the last date of submission of the Tender. 4. I/We agree to execute the Service Agreement as per the format given by the Bank with this Tender Document (Annexure-V) and until the same is executed, this bid, together with relevant documents duly initialed/executed shall constitute a binding contract between us. 5

6 5. I/We agree and confirm that you are not bound to accept the lowest or any bid you may receive and you also have the right to re-issue/re-commence/cancel/annul or abandon the bid process. Any decision in this regard by you shall be final, conclusive and binding on us. 6. I/We enclose a demand draft/pay order of Rs.2,00,000/-(Rs. Two lakh only) towards EMD, in favour of IDBI Bank Limited. Drawn on.,.branch payable at Mumbai. I/We understand that the EMD will remain as Security Deposit with you and will be refunded to the successful bidder within 90 (Ninety) days of completion of the contract period. In case of unsuccessful bidders, the EMD amount will be refunded within 90(Ninety) days from the date of opening of Part-I of Tender. I/We have noted that EMD /Security Deposit amount shall not carry any interest. Dated. day of (Signature of the authorized person of the bidders).. (Name and address of the bidders).. (Seal of the bidders) Duly authorized to sign the bid for and on behalf of (Company/Bidder) 6

7 Annexure-II Pre-qualification criteria (I) The bidder should be of repute & an established company capable to install, maintain and operate Tea & Coffee vending machines (12nos) and supply branded Tea & Coffee directly or through their Franchises. The bidder should have experience of at least three years in the said business. (II) The bidder should have installed and maintained at least 500 Tea /Coffee vending machines at various locations (location wise details should be submitted). (III) Bidder shall have minimum turnover of Rs. 75 lakh during each of the last 3 years. (Audited balance sheet to be given). (IV) The bidder should have installed vending machines in reputable organizations like Banks, Financial Institutions, Government & Semi-Government bodies and big Corporates in its credit (present and past), with minimum 3 machines installed in each of these organizations. (V) Track record of the bidder should be clean and it should not have any involvement in illegal activities or financial frauds. Tenders must be accompanied with declaration to this effect on letterhead of the bidder. (VI) The bidder should have enough trained and experienced personnel and manpower to carry out the services as per Bank s requirement at all locations. The bidder should have supervisory infrastructure to take care of all matters pertaining to staff deployed at these locations. (VII) The bidders whose contract in the past was terminated during the contract period due to unsatisfactory performance, will not be eligible for applying now /considered for awarding the contract. A bidder who was awarded the contract earlier but refused to continue the contract/refused to sign the agreement as given by the Bank will also be not eligible for this service contract. 7

8 (VIII) The bidder may preferably be based in Mumbai. Preference will be given to those whose main office is located at Nariman Point/ Fort area. (IX) The bidder should not have been put in negative list by any public sector bank/ Govt. organization, for breach of applicable Laws or violation of regulatory prescriptions or breach of agreement (a declaration to this effect on the letterhead of the bidder shall be given). (X) IDBI Bank Ltd shall have the right to decide the omission of the participating bidders on the basis of technical bid, without giving explanation to any of the participants or any other parties and also exclude them on the basis so decided by the bank to participate in the financial bid. N.B:- It may be noted that documentary evidence in respect of first three items would be essential. Tenders not accompanied by such documentary evidence will not be considered and be rejected forthwith. ****************** 8

9 Annexure- III (A) Terms and conditions of the contract 1. The contract, if awarded, shall be initially for a period of 1 year (including successful completion of trial period of 3 months) or less as decided by IDBI Bank. The tenure may thereafter be extended for a period of one year at a time with total maximum period of 2/3 years on the same terms and conditions, with mutual consent, on observation of satisfactory performance and other aspect/consideration, as determined by the Bank, at its sole discretion. The contract shall come to an end by natural efflux of time without any further notice to be given by the Bank to the service provider, unless terminated earlier. The contract shall not be extended beyond a total maximum period of 3 years (including extension as mentioned above). The bidders may take a note of it before bidding. 2. Tenders received after the prescribed time and date will not be considered and be rejected forthwith. Decision of the Bank in this regard shall be final, conclusive and binding on bidders. In the event of the last date for the receipt of bids is declared a public holiday for IDBI Bank, the bids will be received up to the specified time on the succeeding working day. 3. IDBI Bank reserves the right to amend/ modify the tender document or issuing any corrigendum to the bid process. The bidder shall not claim as a right for the Bank to do the aforesaid. 4. The bidder shall bear all costs associated with the preparation and submission of its bid and IDBI Bank shall in no case be held responsible or liable for these costs, regardless of the conduct or outcome of the bidding process including cancellation or abandonment of the bidding process. 5. Conditional tenders / incomplete tenders will not be accepted and be summarily rejected. 6. Prospective bidders may only submit the bids if the bids are valid for at least 90 days from the last day of submission of the Tender. 7. The bidder shall quote the rates in the format as indicated in the Financial Bid (Annexure IV) inclusive of all materials, paper cups, manpower and all applicable taxes 9

10 (Service Tax, VAT etc). Any deviation in the quote other than as stated in the Financial Bid (Annexure IV) shall be rejected summarily. 8. For ranking of bidders average of the rate quoted by the bidders towards Tea and Coffee as indicated in Annexure IV in the Tender Document will be considered. The bidder with the lower average rate so computed shall qualify as L1. In the unlikely event of a tie between / among the bidders, the bidder with higher average annual turnover in the last 3 years shall qualify as L1. 9. Bidder may please note that a vendor awarded contract for IDBI Bank Officers Lounge & Dining Room and Staff Canteen at Corporate Office, Mumbai for June 2012 to May 2014 and March 15, 2013 to March 14, 2015 respectively is not eligible to participate in the present tender. 10. The written offer of contract issued to the successful bidder/contractor will have to be accepted by the bidder in writing within 7 days from the date of issue of the offer. Failure to accept the offer within this period will result in forfeiture of the EMD. 11. The successful bidder/contractor will be required to enter into an Agreement/Contract as per the enclosed copy of the Agreement/Contract (Annexure-V) on a stamp paper of Rs.100/- within 7 days from the date of acceptance of the offer of the Bank by the successful bidder. The failure, delay or evasion on the part of the successful bidder to execute the Agreement/Contract within the stipulated period mentioned above will result in forfeiture of the EMD. 12. The successful bidder/contractor will be required to commence the services within 7 days from the date of execution of the Agreement/Contract. The failure, delay or evasion on the part of the successful bidder/ contractor to commence the services within the period mentioned above will also result in termination of the contract and forfeiture of the EMD. 13. No escalation in rates on any account will be permitted during the contract period. Also, no subsidy will be given over and above the quoted rates. 14. No advance will be paid. 15. Vending machines from reputable manufactures are to be installed. 10

11 16. Payments to the Contractor will be made on the basis of consumption of Tea/Coffee ascertained from the reading of the machines and will be settled on monthly basis. 17. Applicable taxes will be deducted at source at the time of settlement of bills unless the contractor produces the certificate to the contrary from the Income Tax authorities. TDS certificate will be issued. 18. The Contractor shall appoint adequate staff (one employee per machine) and a Manager / Supervisor as overall in-charge for providing the services. The Contractor shall ensure that the workmen staff employed by them are suitably trained, well mannered and wear appropriate uniforms while performing duty. The Contractor shall provide the uniform along with hand gloves for serving, at their cost. 19. The contractor shall not employ any person who is prohibited by law from being employed. The personnel deployed by the contractor shall not suffer any physical defects/infirmity, which are likely to interfere with the efficient discharge of their duties. They should also possess good physique and should not be suffering from any contagious/major diseases. Any person found to be physically unfit or unsuitable shall have to be removed by the Contractor from the services and suitable replacement shall have to be arranged forthwith. 20. The Bank will provide the contractor space for installation of the machines and utilities like water and electricity and dust/waste bins. No charges will be levied by the Bank for these items. However, the contractor shall keep the usage of water and electricity to a reasonable level. 21. The bidders must distinctly note that a. The contractor shall strictly conform to the scope of work and terms & conditions of the Tender. b. EMD of Rs 2,00,000/- (Rupees Two lakh only) will be converted into Security Deposit on award of contract/acceptance of the offer and shall not bear any interest. The Security Deposit would be refunded at the time of termination of the contract by natural efflux of time or otherwise after deducting any payments due by the Contractor to the Bank in terms of the contract or otherwise. IDBI Bank Ltd. may deduct or retain amount, which may be due or become due to the 11

12 Contractor hereunder or otherwise, any amount owed by the Contractor to IDBI Bank Ltd. The decision of the Bank in this regard shall be final, conclusive and binding. EMD of the unsuccessful bidders would be refunded only after finalization of the tender or within 90 days from the date of opening of Part-I of the tender, whichever is earlier. 22. The successful bidder shall not discontinue the Services during the initial contract of 1 year from the date of awarding of the contract. In the case of failure to provide the Services for the minimum period of 1 year, the Bank has the right to forfeit the EMD amount of Rs 2 lakh paid /deposited by the successful bidder. 23. IDBI Bank Ltd reserves the right to terminate the contract at any time during the currency of the contract period by giving 30 days prior notice in writing without assigning any reason therefore. However, the Contractor shall not terminate the Contract during the initial Contract period of 1 year from the date of awarding of the Contract and thereafter may terminate the contract by giving three months prior notice in writing, in case it decides to stop the services. 24. IDBI Bank Ltd reserves the right to reject any or all offers without assigning any reason. The Bank may decide not to avail of any services from any bidder as a consequence of this Tender/ Advertisement. The Bank also reserves the right to re-issue/recommence the entire bid process without the vendors having the right to object. Any decision of the Bank in this regard shall be final, conclusive and binding on the bidders. 25. The Contractor shall register with Registrar of the concerned Central/ State Body and shall abide by State Labour/Government of India (Ministry of Labour) rules and regulations and all other Statutory Acts/Regulations and rules relevant to this contract including Works Contract Act, Minimum Wages Act, Provident Fund Act, ESI, etc., and shall indemnify the principal employer (IDBI Bank Ltd) against and damages arising out of the default on the part of Contractor due to negligence or non-compliance of any of the aforesaid rules, regulations, etc., laid down by the Government, Statutory authorities Regulations and other Government bodies, if any, from time to time. 26. The vendor should obtain all the requisite licenses including under Prevention of Food Adulteration Act, 1954 and Contract Labour (Regulation & Abolition) Act, 1970 and rules frames hereunder and under other applicable laws issued by the concerned Labour 12

13 Department for running the establishment. The Bank will not be responsible in any way for any breach by the vendor of the rules and regulations governing the running of such establishments. 27. The Contractor shall maintain the Registrers/Challan copies as under: (I) Under Contract Labour (Regulation and Abolition) Act, 1970 a) Attendance Register b) Wage Register c) Over-time Register d) Advance Register e) Register of Deduction for Damage & Loss f) Register of Fine g) Accident Register (II) Under PF/ESIC/MLWF Act h) Photo copies of PF/ESIC Monthly Challans (from the beginning of the contract) i) MLWF Challans (from the beginning of the contract) j) Agreement copy with the Bank (III) Under Minimum Wages Act, 1948 Minimum wages to all employees of the agency/ contractor as prescribed by applicable laws. 28. The vendor shall indemnify and keep indemnified, defend and hold good IDBI Bank Ltd, its officers, director, employees and agents against loss, damages or claims arising out of any violations of applicable laws, regulations, guidelines during the contract period and for the breach committed by the vendor or their services personnel on account of misconduct, omission and negligence by the contractor or his service personnel. 29. The Contractor shall maintain and provide all necessary documentation, registers and records in connection with the performance of the services and other related documents including for complying with any statutory requirements and provisions of applicable laws. 30. The Contractor shall take all precautionary measures to ensure the safety of the workmen employed by it and IDBI Bank Ltd will not be responsible in the case of any eventuality. 13

14 31. In the case of any labour problem related to the workmen staff of the contractor deployed in IDBI Tower, the same will be settled at the contractor s end only. The contractor shall indemnify IDBI Bank Ltd suitably. It shall be the duty of the contractor to clearly inform its own personnel / staff that they shall have no claim whatsoever against IDBI Bank Ltd and they shall not raise any industrial dispute, either directly and /or indirectly, with or against IDBI bank Ltd, in respect of any of their service conditions or otherwise. 32. The contractor shall arrange to issue Identity Cards to all his staff, through DGM (Security) of IDBI Bank Ltd.,which has to be produced for inspection as and when required by IDBI Bank Ltd. 33. The Authorized representatives(s) of the Bank shall check the quality and quantity of the items supplied and served. Complaints received from the staff on quality of Tea/Coffee will be viewed seriously and penalty will be levied in such cases. The penalty could be the cost of entire Tea/Coffee prepared and served on the date of complaint. 34. The contractor shall not employ the services of any sub contractor directly or indirectly for the purposes of Tea/Coffee vending machine services pursuant to this Contract unless permitted specifically by the Bank in writing. 35. Any dispute between the contractor and the Bank, which cannot be settled by negotiation may be resolved exclusively by arbitration and such dispute may be submitted by either party to arbitration within 30 days of the failure of negotiations. Arbitration shall be held in Mumbai, India and conducted in accordance with the provision of Arbitration and Conciliation Act 1996 or any statutory modification or re-enactment thereof. The arbitration proceedings shall be conducted in the English language. Subject to the above, the courts of law at Mumbai alone shall have the jurisdiction in respect of all matters connected with the Contract. The arbitration award shall be final and binding. The contractor shall not be entitled to suspend the provision of the services, pending resolution of any disputes and shall continue to render the services in accordance with the provisions of the contract notwithstanding the existence of any dispute between the contractor and the Bank or the subsistence of any arbitration or other proceedings. 36. The contract shall be governed by and construed in accordance with the laws of India and the Courts in Mumbai shall have the exclusive jurisdiction to try any suit, proceedings in connection therewith / in that behalf. 14

15 37. The vendor shall open and maintain an account with any branch of IDBI Bank Ltd. in Mumbai during the period of the contract. 38. If the vendor continued to fail in service, a penalty of Rs.100/- per day per machine for such failure shall be imposed and will be deducted from the running bills. (B) Scope of work and specific Conditions for Contract: 1. The contractor shall served about 2800 cups of Tea/Coffee to the officers/staff and guests/visitors of the Bank daily on all working days (Monday to Friday ) between 9.30am and 7.30pm. and on Saturday between 9.30 a.m and 3.30 p.m. The vendor will be liable for the penalty for its inability to serve Tea/Coffee on any working day unless for reasons beyond his control. 2. The ingredients to be used are as under: - 1) Roasted coffee beans (Robusta/ Arabica) 2) Tetly/ Lipton tea bags 3) Toned Milk (Brand Goverdhan / Amul) or Dairy Whitener(Every day/amul) 4) Sugar; Sugar free tablets. b) Every cup should have contents of 100 ml. The material to be used for Tea/Coffee, etc., would be one of the best and branded quality and no compromise will be made to it. The Bank's authorized representatives will have authority to inspect such articles and will have full powers to order discontinuance of use of such articles, which are found to be of unsatisfactory standard and on grounds of hygiene. 3. The vendor shall serve the tea/coffee in good quality disposable cups. 4. It will be the responsibility of the Contractor to store the material purchased by him in a neat, tidy and hygienic manner in the space provided by the Bank. The security of such materials will be the sole responsibility of the Contractor. The contractor has to also maintain the Tea/Coffee Vending Machine Counter in neat, tidy and hygienic conditions. 5. The contractor shall make use of the dustbins and waste-bins provided by the Bank and do the disposal of leftover disposable cups and other waste materials on daily basis to the satisfaction of the Bank. 15

16 6. The successful bidder should install 12 (Twelve) No. of Vending Machines on rent free basis and the cost of maintenance/repairs shall be borne by the vendor. In the case of any breakdown and if it takes more time to rectify the problem, it should be replaced with another machine urgently which is in good working condition. IDBI Bank has the right to increase/decrease the no of machines if desired, and payment for Tea/Coffee served from those machines will be made at the same rate. I/We have read the terms and conditions and are acceptable to me/us. Signature of the authorized person : Name of the signatory : (in block capital letters) Status of the signatory i.e. : Proprietor/partner : Date : Address of the bidder : Telephone no/s : Bidder's Seal 16

17 Annexure-IV Format for Financial Bid Supply, installation & maintenance of Tea & coffee vending machines including supply of Branded tea &coffee in IDBI Tower, Cuffe Parade The Bidder should quote rates as under. (In Rs.) S.N. Items Rate per cup of 100ml. * 1 Tea 2 Coffee (Cappuccino)/ Latte, Espresso TOTAL * The quantity is net i.e. without froth Note:- 1) Rates should be inclusive of all material, paper cups, manpower, all applicable taxes (service Tax, VAT, etc). 2) Only one rate for Tea and one rate for Coffee shall be given as mentioned in the table. 3) Serving Tea/Coffee to the employees, guests/visitors of the Bank for about 2800 cups (in total) daily on all working days (Monday to Friday) between 9.30am and 7.30pm. and on Saturday between 9.30 a.m and 3.30 p.m. 17

18 Annexure-V Agreement THIS AGREEMENT MADE at this..day of BETWEEN IDBI Bank Limited, a company incorporated and registered under Companies Act, 1956 (1 of 1956) and a banking company within the meaning of Section 5 (c) of the Banking Regulation Act, 1949 (10 of 1949) and having its Registered Office at IDBI Tower, WTC Complex, Cuffe Parade, Mumbai (hereinafter referred to as the "the Bank") which expression shall unless repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns) of the ONE PART; AND a (Pl. add the details as per the constitution of the supplier) (herein after referred to as the Supplier, which expression shall unless it be repugnant to the meaning or context thereof be deemed to mean and includes their partners. Heirs, Executors, Administrations, Representatives etc OF THE OTHER PART. WHEREAS (A) The Bank desired to provide facility of tea and coffee of good and branded quality to its employees, guests/visitors at its office premises at IDBI Tower, WTC Complex, Cuffe Parade at Mumbai. For the above object, the Bank invite tenders from intending service providers in a stipulated form. The Bank stipulated the terms and conditions for submission of the tender and acceptance thereof and found tender of the Supplier as acceptable. The Bank, therefore, vide it s letter of intent dated expressed it s intention to accept Supplier s tender and award the proposed contract to provide/supply the tea and coffee, to the Supplier on the terms and conditions contained in the said letter of intent. (B) One of the conditions contained in the said letter of intent is that the Supplier shall enter into agreement with the Bank thereby confirming and accepting the terms and conditions with regard to the performance of its obligations under the proposed contract. 18

19 (C) The Supplier vide his acceptance letter dated..accepted the terms and conditions contained in the said letter of intent and convey his/its willingness to enter into the agreement with the Bank governing the terms and conditions of the contract of supply of Tea/Coffee as per agreed terms and conditions. (Copy of acceptance letter to be attached) (D) The parties hereto agreed that the Supplier would be providing services directly or through their authorized franchise. (E) The parties hereto therefore, have agreed to enter into this agreement in the manner mentioned hereinafter. In this agreement words and expressions shall have the same meaning as are respectively assigned to them in the general terms and conditions of contract herein after referred to NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1. In consideration of payment as per Annexure-A agreed to be paid by the Bank to the Supplier / authorized franchises of the Supplier. The Supplier / authorized franchises of the Supplier shall supply and make arrangement to provide tea, coffee as the case may be, to the employees, guests/visitors of the Bank at the office premises at Cuffe Parade by installing 12 (Twelve) numbers of tea/coffee machines at the designated places as may be identified by the Bank in the manner and on the terms and conditions hereinafter contained. 2. The contract under this present agreement shall be initially for a period of 1 year (including successful completion of trial period of 3 months) or less as decided by IDBI Bank. The tenure may thereafter be extended for a period of one year at a time with total maximum period of 2/3 years on the same terms and conditions, with mutual consent, on observation of satisfactory performance and other aspect/consideration, as determined by the Bank, at its sole discretion. The contract shall come to an end by natural efflux of time without any further notice to be given by the Bank to the service provider, unless terminated earlier. The contract shall not be extended beyond a total maximum period of 3 years (including extension as mentioned above). 19

20 3. The Supplier / authorized franchises of the Supplier shall be required to commence the services within 7 days from the date of execution of this Agreement/Contract. The failure, delay or evasion on the part of the Supplier / authorized franchises of the Supplier to commence the services within the stipulated period will result in termination of the contract and forfeiture of the EMD / security deposit. 4. The Tea/Coffee shall be served to the employees, guests/visitors of the Bank daily on all working days (Monday to Friday) between 9.30am and 7.30pm. and on Saturday between 9.30 a.m and 3.30 p.m. The Supplier / authorized franchises of the Supplier will be liable for the penalty for its inability to serve Tea/Coffee on any working day unless for reasons beyond his control. If the Supplier / authorized franchises of the Supplier continues to fail in service, a penalty of Rs.100/- per day per machine (as mentioned in the Tender Document) for such failure shall be imposed and will be deducted from the running bills of the authorized franchises of the Supplier/ Supplier. 5. The Supplier / authorized franchises of the Supplier shall have to serve about 2800 cups Tea/Coffee per day to officers, Staff, visitors and guests of the Bank. 6. a) The ingredients to be used are as under: - 1) Roasted coffee beans (Robusta/ Arabica) 2) Tetly / Lipton / Coffee Day Tea bags 3)Toned Milk (Brand Goverdhan / Amul) or Dairy Whitener(Every day/amul) 4) Sugar; Sugar free tablets. b) Every cup should have contents of 100 ml. c) The authorized representatives of the Bank will check the quality and quantity of the items supplied and served. 7. No escalation in rates on any account will be permitted during the contract period. Also, no subsidy will be given over and above the quoted rates. 8. No advance will be paid. 9. The Supplier / authorized franchises of the Supplier shall serve the tea/coffee in good quality disposable cups. 20

21 10. Vending machines from reputable manufactures are to be installed. 11. The Supplier / authorized franchises of the Supplier and his employees, representatives shall maintain the Tea/Coffee Vending Machine Counter in Hygienic conditions. 12. The Supplier / authorized franchises of the Supplier shall make use of the dustbins and waste-bins provided by the Bank for disposal of waste materials and keep the premises clean and hygienic. It will be the responsibility of the authorized franchises of the Supplier/ Supplier to store the material purchased by him it in a neat, tidy and hygienic manner in the space provided by the Bank. The security of such material will be the sole responsibility of the authorized franchises of the Supplier/ Supplier. 13. Payments will be made on monthly basis. The Supplier / authorized franchises of the Supplier shall open and maintain an account with any branch of Bank in Mumbai during the period of the contract. 14. Applicable taxes will be deducted at source at the time of settlement of bills unless the authorized franchises of the Supplier/ Supplier produces the certificate to the contrary from the Income Tax authorities. TDS certificate will be issued. 15. The Supplier / authorized franchises of the Supplier shall be required to employ one employee per machine at his own cost for providing the facility. The Contractor shall ensure that the workmen staff are suitably trained, well mannered and wear appropriate uniforms while performing duty. The Contractor shall provide the uniform along with hand gloves for serving, at their cost. 16. Space will be provided by the Bank. Water, electricity will also be provided borne by the Bank for which no charge will be levied by the Bank. 17. The Supplier / authorized franchises of the Supplier shall distinctly note that:- a. The Supplier / authorized franchises of the Supplier will be required strictly to conform to the conditions of this Agreement/Contract; b. EMD of Rs 2,00,000/- (Rupees Two lakh only) will be converted into Security Deposit on award of contract/acceptance of the offer and shall not bear any interest. The Security Deposit would be refunded at the time of termination of the 21

22 contract by natural efflux of time or otherwise after deducting any payments due by the Contractor to the Bank in terms of the contract or otherwise. IDBI Bank Ltd. may deduct or retain amount, which may be due or become due to the Contractor hereunder or otherwise, any amount owed by the Contractor to IDBI Bank Ltd. The decision of the Bank in this regard shall be final, conclusive and binding. 18. IDBI Bank Ltd reserves the right to terminate the contract at any time during the currency of the contract period by giving 30 days prior notice in writing without assigning any reason therefore. However, the Contractor shall not terminate the Contract during the initial Contract period of 1 year from the date of awarding of the Contract and thereafter may terminate the contract by giving three months prior notice in writing, in case it decides to stop the services. 19. The authorized franchises of the Supplier/ Supplier shall observe the various Central and State Govt. labour laws in force from time to time. 20. The Supplier / authorized franchises of the Supplier shall obtain all requisite licenses including under Prevention of Food Adulteration Act, 1954 and Contract Labour (Regulation & Abolition) Act, 1970 and Rules framed hereunder and under other applicable laws issued by the concerned Labour Department for running the establishment. The Bank will not be responsible in any way for any breach by the authorized franchises of the Supplier/ Supplier of the rules and regulations governing the running of such establishments. 21. The Supplier / authorized franchises of the Supplier shall indemnify and keep indemnified, defend and hold good Bank, its officers, director, employees and agents against loss, damages or claims arising out of any violations of applicable laws, regulations, guidelines during the contract period and for the breach committed by the vendor or their services personnel on account of misconduct, omission and negligence by the contractor or his service personnel. 22. In the case of any labour problems related to the workmen staff of the Supplier / authorized franchises of the Supplier deployed in office premises, the same will be settled by the Supplier / authorized franchises of the Supplier only. The Supplier / authorized franchises of the Supplier shall indemnify Bank suitably. It shall be the 22

23 duty of the Supplier / authorized franchises of the Supplier to clearly inform its own personnel / staff that they shall have no claim whatsoever against Bank and they shall not raise any industrial dispute, either directly and / or indirectly, with or against Bank, in respect of any of their service conditions or otherwise. 23. The Supplier / authorized franchises of the Supplier shall arrange to issue Identity Cards to all his staff, through DGM (Security) of Bank, which has to be produced for inspection as and when required by Bank. 24. Any dispute between the Supplier / authorized franchises of the Supplier and the Bank, which cannot be settled by negotiation may be resolved exclusively by arbitration and such dispute may be submitted by either party to arbitration within 30 days of the failure of negotiations. Arbitration shall be held in Mumbai, India and conducted in accordance with the provision of Arbitration and Conciliation Act 1996 or any statutory modification or re-enactment thereof. The arbitration proceedings shall be conducted in the English language. Subject to the above, the courts of law at Mumbai alone shall have the jurisdiction in respect of all matters connected with the Contract. The arbitration award shall be final and binding. The Supplier / authorized franchises of the Supplier shall not be entitled to suspend the provision of this contract, pending resolution of any disputes and shall continue to render the services of supplying tea and coffees in accordance with the provisions of the contract notwithstanding the existence of any dispute between the authorized franchises of the Supplier/ Supplier and the Bank or the subsistence of any arbitration or other proceedings. 25. The successful bidder should install 12 (Twelve) No. of Vending Machines on rent free basis and the cost of maintenance/repairs shall be borne by the vendor. In the case of any breakdown and if it takes more time to rectify the problem, it should be replaced with another machine urgently which is in good working condition. IDBI Bank has the right to increase/decrease the no of machines if desired, and payment for Tea/Coffee served from those machines will be made at the same rate. 26. The following documents shall be deemed to form and read and construed as part of this agreement viz. a. Letter of Intent. 23

24 b. Annexure III of the Tender Document. 27. No amendment to this agreement shall be valid or be of any effect unless the same is agreed to in writing by both the parties hereto and specially stated to be an amendment to this agreement. 28. The several parts of this contract have been read to us and fully understood by us. In witness whereof the parties hereto have set their respective hands and seals to their presents the day month and the year herein above written. Signed and delivered by the within named IDBI Bank Limited by the hand of Shri , an authorized official of IDBI Bank Limited. Signed and delivered by the within named IDBI Bank Limited by the hand of Shri , an authorized official of (as per constitution of the Supplier). 24

25 Annexure-A Charges for supply, installation and maintenance of Tea/Coffee vending machines including supply of branded Tea & Coffee in IDBI Tower, Cuffe Parade Mumbai. (Amount in Rs.) S.N. Items Rate per cup of 100ml.* 1 Tea 2 Coffee (Cappuccino)/Latte/Espresso The quantity is net i.e. without froth. N.B: 1. Rates inclusive of all materials, paper cups, manpower, all applicable taxes (service tax, VAT etc.) 2. Only one rate for tea and one rate for coffee to be indicated. 25