Request For Proposal
Request For Proposal
Request For Proposal
1 Bid details
2 Overview
3 RFP Terminology
4 Project Scope
5 Time-lines
6 Eligibility / invitation
7 Bidding document
8 Bidding process
9 Preparation and submission of bids
10 Opening and evaluation of bids
11 Award & signing of contract
12 Disclaimer
13 Bank Guarantee
14 Conflict of interest
15 Patent rights
16 Powers to vary or omit work
17 No waiver of bank rights or successful bidder’s liability
18 Inspection, quality control and audit
19 Termination of contract
Delays in the consultant’s performance in successful implementation of the
20
project
21 Liquidated damages
22 Termination for default
23 Force majeure
24 Termination for insolvency
25 Governing law and disputes (applicable to the successful bidder only)
26 Governing language
27 Governing law
28 Notices
29 Taxes and duties
30 Consultant’s obligations
31 Services
Terms & conditions
32
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TABLE OF CONTENTS
Exhibit V Comments
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1. BID DETAILS
Sr.
Particulars Time / Date / Other Details
No.
25.06.2018
3. Tentative pre-Bid meeting Date & Time.
Time 12.00 noon IST
03.07.2018
4. Last Date & Time for Bid submission.
Time 3.00 p.m. IST
09.07.2018
Time 3.00 p. m IST
Tentative Date and Time for opening of :
Representatives of Bidder may
Technical bid – Eligibility details as per
be present during opening of
Annexure ‘B’&
5. Technical bids (Eligibility details&
Technical Bid – Detailed Bid as per Annexure
Detailed Bids of eligible bidders).
‘D’
However, Technical Bids would
be opened even in the absence
and other documents specified in the RFP
of any or all of the bidders
representatives.
Between 12.07.2018 to
13.07.2018 Post technical bids if
Tentative presentation dates of Eligible
6. the committee desires, Proof of
Bidders and evaluation thereof.
Concept may be asked for, at a
short notice.
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16.07.2018
Time 3.00 p.m. IST
Representatives of Bidder may
be present during opening of
7. Date of Financial Bid Opening
Financial Bid. However,
Financial Bids would be opened
even in the absence of any or all
of the bidders’ representatives.
Address :
State Bank of India,
Corporate Centre, State Bank
8. Place of opening of Bids
Bhavan, Madame Cama Road,
Nariman Point, Mumbai – 400
021.
Address :
Deputy General Manager (PM &
PPG), State Bank of India,
Corporate Centre, 16th Floor,
Personnel Management
Department, State Bank Bhavan,
9. Address for communication (Bank)
Madame Cama Road, Nariman
Point, Mumbai – 400 021.
e-mail – [email protected]
Phone: 022-22741611
Fax: 022- 22045654
Non Refundable fee of Rs.
10,000/- (Rupees Ten Thousand
only) per bid submission. Pay
10. Bid Fee
Order / Demand Draft, drawn in
favour of State Bank of India,
payable at Mumbai.
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2. OVERVIEW :
State Bank of India (SBI), a body Corporate constituted under the provisions of the
State Bank of India Act, 1955 is India’s largest Bank with a network of 16 Local Head
Offices, about 108 Administrative Offices & 527 Regional Offices and over 23,000
branches in India and having 205 Foreign offices / branches covering 36 countries.
As on 31.03.2018, SBI has a complement of 2,63,538 staff members comprising
1,05,649 Officers, 1,10,348 Assistants and 46,616 Sub-ordinate staff and 925
contractual officials.
All branches of the Bank are on the Core Banking Platform and the Bank has a
centralised Salary / Allowances payment system through HRMS. Bank has been
innovative in structuring its model and organisation structure to align with the needs
of the customers. The Business Process Restructuring undertaken in the Bank has
stabilised and Bank has a network of Centralised Processing Centres to take care of
various aspects like Pension, Retail Loans, and Account Opening etc.
Human Resources (HR) is a critical factor in the Bank for achieving the growth
targets, expansion needs and providing a competitive edge to the Bank. HR in SBI is
unique as it is one of the few organisations in the country with such a large
complement of staff belonging to diverse regional and cultural groups. Bank has a
well-established structure for managing the human resources, continuously
reviewing current schemes & polices and devising strategic interventions for
improvements.
Being the largest bank in India and the pioneer in the banking industries, knowing
the thought process and understanding pain points of our employee at all level are
critical for our Bank. Employee Engagement Survey is a tool which may be used for
the purpose. Employee Engagement Survey measures emotional commitment of the
employees to the organization, his job/role and his workplace. An engaged employee
would be committed to organisation’s Vision, Mission and Values as well as
motivated to contribute to organisational success, with an enhanced sense of own
well-being.
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3. RFP Terminology
Definitions – Throughout this RFP, unless inconsistent with the subject matter or
context:
3.3 Bank/ Purchaser/ SBI - Reference to the “the Bank”, “Bank”, “Purchaser” shall
be determined in context and may mean without limitation “State Bank of India” or
SBI
3.4 Proposal/ Bid – the response received in the prescribed format from a bidder
in accordance with the RFP
3.5 RFP – the request for proposal (this document) in its entirety, inclusive of any
addenda/modification/ clarification/amendment that may be issued by the Bank.
3.7 “Contract” means the Contract signed by the Parties and all the attached
documents and the Appendices, consequent to the completion of the proceedings as
per the RFP.
3.9 Parties – Party or Parties means the SBI or Bidder / Selected Bidder /
Consultant or both as the case may be.
3.10 “Personnel” means professionals and support staff provided by the Consultant
and assigned to perform the Services or any part thereof. “Foreign Personnel”
means such professionals and support staff who at the time of being so provided
have their domicile outside India. “Domestic Personnel” means such professionals
and support staff who at the time of being so provided had their domicile in India.
3.11 “Proposal” means the Technical Proposal and the Financial Proposal/ bid.
3.13 “Terms of Reference” (TOR) means the document included in the RFP which
explains the scope of work, activities, and tasks to be performed.
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3.14 Project Cost - Project cost would be the total consideration that the Bank has
to pay in accordance with the payment schedule to complete the Consultancy
Service as per the terms of the RFP/contract.
4. PROJECT SCOPE :
a. The survey will be conducted online which should among other things be
designed in a manner so as to elicit the feedback of employees on the
effectiveness of various HR practices/ policies put in place by the Bank.
b. The exercise would be done across the country covering all the 16 circles and
Corporate Centre establishments. Different geographical areas/ population
groups like Rural, Semi-urban, Urban and Metro would be covered.
c. Coverage will be across all the cadres for the purpose of survey comprising
Officers, Clerical Staffs and Sub-Staffs. Efforts may be put to ensure minimum
50% participation of target group.
d. Administration of assessment may be through a link on Bank’s HRMS or SBI
Times Portal. PF ID and HRMS/ ADS password may be the login credentials
of the concerned employees.
e. This is one time project, however the consultant also has to prepare and
handover action plan for continuous in-house survey/ feedback system.
f. All the works related to the survey like planning, designing, implementation,
advertisement among employees etc will be the responsibility of the
consultant. The consultant may require using pamphlets, posters, SMS, email,
Whatsapp etc for reaching the employees. The bank may provide space in
SBI Times for the purpose.
g. Diagnostic, Research findings, Recommendations/ Actionable points etc on
the basis of the survey, to be submitted by the consultant in the form of write-
up, presentations etc., as desired by the Bank.
4.1 The core terms of references of the Employee Engagement Survey shall be as
under:
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ii. Our Bank has laid down five values “STEPS” in its VMV statement i.e. Service,
Transparency, Ethics, Politeness and Sustainability. We require to ascertain
improvement in values perception of the employees in “Transparency, Ethics and
Sustainability.”
iii. Effectiveness of various employee reward and recognition programs/ PLI and
other employee welfare measures.
a. Performance appraisal system (CDS)
b. Efficacy of the Talent management.
The major areas of delivery for the Employee Engagement Survey exercise would be
as under:
I. Creation of Survey Questionnaire Format
II. Identification of Representative Sample
III. Employee Engagement Survey Tool
IV. Designing of Communication Collateral
V. Survey Administration
VI. Analysis of Survey Data and Report Submission
VII. Recommendations and Roadmaps
VIII. Tool for Continuous in-house survey / feedback
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III. Employee Engagement Survey Tool
The consultant will arrange for development of survey tool, which should be
designed in such manner that it can be supported on the Bank’s Intranet
Portal and can ensure data confidentiality. The tool should be bilingual i.e. in
English as well as Hindi, should be cost effective and can be implemented
within the required time frame.
V. Survey Administration
The consultant will arrange for administration of the survey within the given
time frame through monitoring of the survey progress at regular intervals and
follow up action for maximum employee participation across all population
groups levels and covering all geographical areas.
5. TIME-LINES / TEAM:
I. The above scope and deliverables have to be designed and executed to the
satisfaction of the Bank.
II. The project plan should be broadly structured into 3 steps – a diagnostic
discussion and survey designing phase of 1 month, platform development and
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pilot phase of 1 month, roll out across the Bank and final presentation of
survey results of 2 months.
III. It is expected that a consultant team of sufficient number of persons not less
than 3 full-time staff be allocated to the project in addition to the project
directors who will oversee the entire project.
6. ELIGIBILITY/ INVITATION :
I. This RFP will be limited to the consultants who have the necessary
experience, capability and expertise and who will be short-listed for the
purpose and approved by the Bank.
II. The bidders desirous of providing consultancy services to SBI are invited to
submit their technical and financial proposal in response to this RFP. The
criteria and the actual process of evaluation of the responses to this RFP and
subsequent selection of the successful bidder will be entirely at Bank’s
discretion.
III. This RFP is not an offer by the State Bank of India, but an invitation to receive
responses from the Bidders. No contractual obligation whatsoever shall arise
from the RFP process unless and until a formal contract is signed and
executed by duly authorised official(s) of State Bank of India with the selected
bidder.
IV. The Bank has the right to terminate the contract with the selected bidder at
any time during the contract period by giving a written notice.
7. Bidding document
7.1 Cost of Bidding
The Bidder shall bear all costs associated with the preparation and submission of its
bid including cost of presentation(s), etc. The Bank will not be responsible or liable
for these costs, regardless of the conduct or outcome of the bidding process.
(a) The RFP provides overview of the requirements, bidding procedures and contract
terms. It includes Introduction, Instructions to Bidder, and Terms & Conditions of
Contract, Eligibility Criteria, Technical Bid and Financial Bid. The bidder must
conduct its own investigation and analysis regarding any information contained in
this RFP document, its meaning and impact of that information.
(b) The Bidder is expected to examine all instructions, statements, terms and
specifications in the bidding document. Failure to furnish all information required by
the bidding documents or submission of bid not responsive to the bidding documents
in every respect will be at the Bidder’s risk and may result in rejection of its bid.
While SBI has made considerable effort to ensure that accurate information is
contained in this RFP, however, the information is supplied solely as guidelines for
Bidders. Furthermore, during the RFP process, SBI has disclosed or will disclose in
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the RFP and corrigendum/ addenda, available information relevant to the Scope of
Work to the extent, detail, and accuracy allowed by prevailing circumstances.
Nothing in this RFP or any addenda is intended to relieve Bidders from forming their
own opinions and conclusions in respect of the matters addresses in this RFP or any
addenda.
(a) If deemed necessary, the Bank may seek clarifications on any aspect from the
bidder. However, that would not entitle the bidder to change or cause any change in
the substances of the bid already submitted or the price quoted. The bidder may be
asked to give presentation for the purpose of clarification of the bid.
(b) The Bidder requiring any clarification of the RFP may obtain the same by
submitting written queries on or before 08.06.2018 before 03.00 P.M. to Deputy
General Manager (PM & PPG), State Bank of India, Corporate Centre, PMD
Department, 16th Floor, Madame Cama Road, Mumbai 400 021.
(c) At any time prior to the deadline for submission of bids, SBI reserves the right to
modify the RFP by amendment.
(d) Any clarification issued by SBI will be in the form of an addendum/ corrigendum
and will be provided to the consultants. The amendment will be binding on all
bidders. SBI, at its discretion may extend the deadline for submission of bids in order
to allow prospective bidders a reasonable time to take the amendment into account.
(e) Interested persons collecting this RFP for submission of their Bids are requested
to provide their e-mail address to the Bank to enable the Bank to e-mail any
subsequent amendment / modification to the RFP. However, non receipt of any
such e-mail or the failure of the Bank to send any such e-mail shall not affect the
validity of such amendment / modification.
8. Bidding process
8.1 The bids shall be submitted in two separate sealed envelopes, one containing
Technical Bid (Superscribed as “Technical Bid for Employee engagement Survey in
the Bank”) and other Indicative Financial Bid (Superscribed as “Indicative Financial
Bid for Employee engagement Survey in the Bank”), both envelop to be submitted
together in one envelope. All details with the relevant information / documents /
acceptance of all terms and conditions strictly as described in this RFP will have to
be submitted. Envelope containing Technical Bid will in turn, contain three separate
sealed envelopes, one containing details of eligibility criteria as per Annexure B &
Annexure C of the RFP (Superscribed as “Technical Bid - Eligibility Details”) and
other containing complete Technical Bid details as per Annexure D of the RFP
(Superscribed as “Technical Bid – Detailed Bid”). Third envelopes will contain a CD/
Pen Drive containing a soft copy of the above details (Superscribed as “Technical
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Bid – Soft Copy”). The bidders are advised to write their name and contact details
(Phone No., e-mail, Fax No. and Address on all the envelopes).
In the first stage, only the envelope containing “Technical Bid - Eligibility Details”
will be opened and evaluated. TECHNICAL BIDs of only those bidders satisfying
eligibility criteria as evaluated above will then be opened for evaluation. Those
satisfying all criteria as per technical requirements and agree to comply with all terms
and conditions specified in this document may be invited for technical presentation to
display their capabilities, approach and methodology wherein they will be evaluated
as per the technical evaluation criteria as per the RFP Exhibit IV. Such presentations
are likely to be called within the time frame indicated in the bid details mentioned in
Clause 1 and the Bank reserves the right to reject the bids of the bidders who fail to
make the presentations as scheduled by the Bank.
8.2 The technical evaluation will be followed by the opening of the financial bid of
those bidders who qualify as per technical bid specified criteria and further RFP
process. The financial bid of those bidders who fail to meet the technical evaluation
criteria shall be returned without opening.
9.2 Consultant must provide individual and factual replies to specific questions asked
in the RFP. An indicative Checklist of Documents to be submitted as part of
Response is given in Annexure J. Documents submitted should be complete in all
respects as detailed in this RFP
Technical Bid should comprise of three separate sealed envelopes, one containing
details of eligibility criteria as per Annexure B & Annexure C of the RFP
(Superscribed as “Technical Bid - Eligibility Details”) and other containing complete
Technical Bid details as per Annexure D of the RFP (Superscribed as “Technical Bid
– Detailed Bid”). Third envelopes will contain a CD/ Pen Drive containing a soft copy
of the above details (Superscribed as “Technical Bid – Soft Copy”).
The Technical Proposal shall provide the information indicated in the following
paragraphs. A brief write up is to be provided for each of the parameters for
Technical Evaluation criterion detailed in Exhibit IV. All the submissions under this
should be supported by necessary documentary evidence, as may be applicable:
a) Certifying that the period of the validity of the bid is 180 days from the last date of
submission of bid;
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b) Confirming that the bidder has quoted for all the items/services mentioned in the
bid in their financial bid;
ii. Annexure B & Annexure C along with the supporting documents in respect of
Eligibility Criteria as mentioned therein;
iv. Audited balance sheets and profit and loss account statement for last 2 years or a
certificate of Chartered Accountant stating bidders turnover, other desired financials.
v. A copy of board resolution or power of attorney showing that the signatory has
been duly authorized to sign the tender document.
a. The Bidder shall furnish, as part of its bid, an EMD of Rs. 1,00,000/- (Rupees
One Lac only) by way of Pay Order / Demand Draft, issued by a Scheduled
Commercial Bank in India, drawn in favour of State Bank of India, payable at
Mumbai along with Bidder’s letter for EMD as per Annexure I
b. No interest will be paid on EMD amount.
c. The EMD is required to protect the Bank against the risk of Bidder’s conduct,
which would warrant the EMD’s forfeiture.
d. The EMD shall be denominated in Indian Rupees and shall be in the form of a
Pay Order / Demand Draft, issued by a Scheduled Commercial Bank in India,
drawn in favour of State Bank of India payable at Mumbai and valid for a
period of 90 days.
e. Any Bid not secured, as above, will be rejected by the Bank, as non-
responsive.
f. The EMD of the unsuccessful Bidders shall be returned as early as possible,
on completion of selection process and necessary approvals.
g. The successful bidder’s EMD will be discharged upon the Bidder signing the
Contract and furnishing the Performance Bank Guarantee as per format
Annexure H and as specified elsewhere in the RFP. The Bank Guarantee
must be furnished from a Scheduled Commercial Bank other than SBI within
14 days from the selection of successful Bidder.
h. EMD may be forfeited:
a) if a Bidder withdraws his bid during the period of bid validity specified in
this RFP; or
b) if a Bidder makes any statement or encloses any form which turns out
to be false / incorrect at any time prior to signing of Contract; or
c) in the case of successful Bidder, if the Bidder fails:
a. to sign the Contract within the time specified by the Bank ; or
b. to furnish Performance Bank Guarantee within the time specified
in this RFP.
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vii. A brief description of the Bidder’s organization and in the case of a consortium/
joint venture, of each partner. Details of experience of assignments which are similar
to the proposed assignment / job as per the terms of reference. The required data to
be submitted in format as in Exhibit – I. Information should be provided only for those
Assignment/jobs for which the Bidder was legally contracted as a corporation or as
one of the major firms within a joint venture. Assignment/jobs completed by
individual Professional staff working privately or through other consulting firms
cannot be claimed as the experience of the Bidder, or that of the Bidder’s associates,
but can be claimed by the Professional staff themselves in their CVs. Bidders should
be prepared to substantiate the claimed experience along with the proposal and
must submit letter of award / copy of contract for all the assignments mentioned in
the proposal.
viii. The Bidder should clearly indicate the support services required from the Bank
for carrying out the activity as per Exhibit V
ix. Data on Team Composition and Task assignments as per Exhibit II along with
Curriculum Vitae (CV) of the proposed technical staff as per Exhibit III
x. Comments and suggestions on the RFP including workable suggestions that could
improve the quality/ effectiveness of the assignment/job may be made before the
submission of the bids. SBI reserves the right to accept / reject the suggestions
made by the Bidders. The requirements for staff and facilities including
administrative support, office space, equipment, data, etc. to be provided by SBI to
be clearly specified.
a) Designing of tool for implementation of the said survey customised to suit SBI.
b) Implementation of survey across the country covering all the 16 Circles should be
mix of all geographies i.e. rural, Semi-urban, Urban and Metro areas and across all
the cadres for the purpose of survey.
e) This is one time project, however the consultants also have to prepare and
handover action plan for continuous in-house survey/ feedback system.
9.4.1 Bidder should submit an Indicative Financial Bid as per Annexure E of the bid
document. Indicative financial bid should be quoted for different stages of the job as
per Annexure E.
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9.4.2 The financial proposal shall not include any conditions attached to it and any
such condition attached to the financial proposal shall be liable for rejection. The
proposal should also indicate specific milestones and deliverables for raising bills for
part payment subject to other conditions. Payment will be made after deducting Tax
Deductible at Source as applicable. Please note no additional expenses would be
paid for personnel, if any, who are required to come from abroad.
The prices should be specified only in “Indicative Financial Bid” and must not be
specified at any other place in the bid document. The quoted prices and taxes should
be specified separately.
Important Notice: There will not be any advance payments. Payment schedules &
milestones will be decided by the Bank after award of the tender. If any taxes to be
paid by the Bank same should be mentioned explicitly including rates of such taxes.
Bank shall not be liable for any taxes other than those specifically mentioned in the
financial bid to the consultant in the event of any payment as per the project cost.
The rates and/ or prices in any form or for any reasons should not be disclosed in the
technical or other parts of the bid except in the financial bid, failure to do so make the
bid liable for rejection. In the event of change in project scope wherein price revision
is envisaged by the bank, revised financial bid may be required to be submitted in a
separate sealed envelope.
SBI may, at its sole discretion, organize a pre-bid meeting, to resolve any queries,
bidders may have. Any further information will be provided to all bidders by SBI as
corrigendum. Any clarification on queries raised by any bidder will be communicated
to all bidders. The exact date, time and location of the pre-bid meeting, if any, is as
already stated in this RFP.
Bid shall remain valid for 180 days from the last date for submission of Bid. A bid
valid for shorter period is liable to be rejected. The bidder may require to give
consent for the extension of the period of validity of the bid beyond initial 180 days, if
so desired by the Bank in writing or by fax. Refusal to grant such consent would
result in rejection of bid. However any extension of validity of bids will not entitle the
bidder to revise/ modify the bid document or price.
Willful misrepresentation of any fact within the Bid will lead to the cancellation of the
contract without prejudice to other actions that Bank may take. All the submission,
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including any accompanying documents, will become property of SBI. The bidders
shall be deemed to license, and grant all rights to SBI, to reproduce the whole or any
portion of their consultancy services for the purpose of evaluation, to disclose the
contents of submission to other bidders and to disclose and/ or use the contents of
submission as the basis for RFP process.
(a) The bidder should prepare submission as per minimum eligibility criteria,
Technical Bid, Indicative Financial Bid and other requested information.
(b) Bid should be submitted as per the format stipulated in the Annexures to this RFP
along with such other documents mentioned elsewhere in the RFP.
(c) All pages of the Bid document should be serially numbered and shall be signed
by the authorized person(s) only. The person(s) signing the bid shall sign all pages
of the bid and rubber stamp should be affixed on each page. The bidder should
submit a copy of board resolution or power of attorney showing that the signatory
has been duly authorized to sign the tender document.
(d) Any interlineations, erasures or overwriting shall be valid only if the person(s)
signing the bid sign(s) authenticates them.
(e) In case of any discrepancies between hard and soft copy, the hard copy will be
considered as base document.
(f) Bid should be typed and submitted on A4 size paper, spirally bound securely and
in serial order. Bidders responding to this RFP shall submit covering letter included
with the bid and compliance certification statement required for submission of a
proposal.
The bid should be addressed to The Deputy General Manager (PM & PPG) at
following address up to the time and date mentioned at bid details:
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In the event of the target date for the receipt of bids being declared as holiday for the
Bank, the bids will be received till the target time on the next working day. The bank
may at its discretion extend the bid submission date. The modified target date & time
will be notified on the web site of the Bank.
Any bid received by the Bank after target date and time prescribed at Bid details will
be rejected and /or returned unopened to the bidder at his risk and responsibility.
No bid may be withdrawn/ modified in the interval between the deadline for
submission of bids and the expiration of period of bid validity.
All the Bids will be opened at the date, time & locations mentioned under the clause
1 Bid Details. The technical bids will be opened in the presence of representatives of
the bidders who choose to attend. Bids will be opened even in the absence of
representatives of bidders as scheduled.
The bids will be examined by the Bank to determine whether they are complete and
whether required bid security and fee has been furnished. A bid determined as not
substantially responsive will be rejected. The Bank may, at its discretion waive any
minor non conformity or irregularity in a bid which does not constitute a material
deviation. Technical Bid (Eligibility Details) will first be examined to check on their
eligibility. Technical Bid (Detailed Bid) will be opened only for Bidders found eligible
as per Annexure B
After opening of the technical bids and preliminary examinations, some or all of the
bidders may be asked to make presentation of the solution/services offered by them.
Any effort on the part of bidder to influence bid evaluation process or award of
contract may result in the rejection of the bid.
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10.2.2 Technical Evaluation Process
Criteria, sub-criteria and point system for technical evaluation to be followed are as
provided under Exhibit IV. To qualify for opening of financial bids, the Bidder should
have been awarded 70% or more marks or such other percentage desired by the
Bank, in Technical evaluation.
Only those bids meeting the eligibility criteria and having complied with the points of
Technical Bid and also having obtained a minimum score of 70% or such other
percentage desired by the Bank in the technical evaluation as per Exhibit IV shall be
considered qualified for financial bid opening & evaluation.
The Financial Bid will be opened only for those bidders who have obtained a
minimum score of 70% in the technical evaluation. The format for quoting financial
bid is set out in Annexure E. The financial offer should consist of comprehensive cost
for required consultancy services. Total cost of services would be deemed as cost
and entity quoting the lowest total cost would be awarded full marks and others pro
rata.
i. Bids will be evaluated as per Combined Quality Cum Cost Based System. The
Technical bids will be allotted weightage of 65% while financial bids will be allotted
weightage of 35%.
ii. A combined score “Score (S)”will be arrived at after considering the nominal
financial quote and the marks obtained in technical evaluation with relative weights
of 35 % for Financial bid and 65 % for Technical Bid according to the following
formula:
The bidder obtaining the highest total combined score in evaluation of technical and
financial as per para 10.3.ii above will be ranked H-1 followed by proposal securing
lesser marks as H-2, H- 3 etc. Bidder securing highest combined marks and ranked
H- 1 shall be recommended for award of contract. Bank will follow the internal
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procedure for necessary approvals and thereafter proceed with notification of award
of contract.
In the above example, ‘A’ with the highest score becomes the successful bidder.
11.1 SBI will notify successful bidder in writing by letter in duplicate or fax that its
bid has been accepted. The Selected bidder has to return the duplicate copy to the
Bank within 7 working days duly Accepted, Stamped and Signed by Authorized
Signatory in token of acceptance.
11.2 The successful bidder shall be required to enter into a contract/ Service Level
Agreement (SLA) with the Bank, within 7 days of acceptance of the award of the
tender or within such extended period as may be decided by the Bank along with the
letter of acceptance, Non Disclosure Agreement (NDA), Bank Guarantee (BG) and
other terms and conditions as may be determined by the Bank to be necessary for
the due performance of the work in accordance with the Bid and acceptance thereof.
11.3 Copy of board resolution or power of attorney showing that the signatory has
been duly authorized to sign the acceptance letter, contract and NDA should be
submitted.
11.4 The contract/agreement will be based on the RFP terms and such other terms
and conditions accepted by the Bank from the bidder’s offer document with all
relevant enclosures, modifications accepted by the Bank out of negotiation
/clarifications etc and will include SLA, project plan - phases & milestones and
schedule, copies of all necessary documents, licenses, certifications etc. Subject to
the modifications or amendments accepted by the Bank, this RFP itself shall also
form part of the contract with the successful bidder.
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11.5 The Bank reserves the right to stipulate, at the time of finalization of the
contract, any other document(s) to be enclosed as a part of the final contract.
11.6 SBI and the selected bidder shall finalise the terms of contract to be executed
through mutual discussions but as this is the scope of this RFP, SBI shall have the
right not to enter into the contract with the Bidder if the Bidder is unable to abide by
the terms & conditions considered to be essential by the Bank or provide the
Professional staff assured in the Technical Proposal. In such an eventuality SBI
reserves the right to reject the proposal and consider the next best respondent.
11.7 SBI will not consider substitution of professional staff during contract period
unless both parties agree that undue delay in the selection process makes such
substitution unavoidable or for reasons such as long leave, death or medical
incapacity or if the professional staff has left the organization. Any proposed
substitute shall have equivalent or better qualifications and experience than the
original candidate and be submitted by the Consultant within the period of time
specified by the Bank and to the full satisfaction of the Bank.
12. Disclaimer
The purpose of this RFP document is to provide the Bidder(s) with information to
assist the formulation of their Proposals. This RFP document does not purport to
contain all the information that a Bidder may require. This RFP document may not be
complete in all respects, and it is not possible for the Bank and their employees to
consider the business / investment objectives, financial situation and particular
needs of each Bidder, who reads or uses this RFP document. Each Bidder should
conduct their own investigations and analysis and should check the accuracy,
reliability and completeness of the information in this RFP document and wherever
necessary they should obtain independent advice from appropriate sources. The
Bank and its employees make no representation or warranty and shall incur no
liability under any law, statute, rules or regulations as to the accuracy, reliability or
completeness of the RFP document. The Bank may, in their absolute discretion, but
without being under any obligation to do so, update, amend or supplement the
information in this RFP document.
12.2 This RFP is not an offer by the Bank, but an invitation for responses to the
issues pertaining to Consultancy Service by SBI as contained in clause 6 of this
document. No contractual obligation on behalf of the Bank, whatsoever, shall arise
from the RFP process unless and until a formal Contract is signed and executed by
duly authorized officers of the Bank and the finally selected Bidder.
12.3 The Bidders, by accepting this document, agree that any information
contained herein may be superseded by any subsequent written information on the
same subject made available to the recipient or any of their respective officers or
published in the Bank’s website. It is also understood and agreed by the Bidder/s
that decision of the Bank regarding selection of the Bidder will be final and binding
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on all concerned. No correspondence in this regard, verbal or written, will be
entertained.
12.4 The Bank reserves the right to amend, modify, vary, add, delete, accept or
cancel, in part or full, any condition or specification of all proposals / orders /
responses, without assigning any reason thereof. Each Bidder shall be entirely
responsible for its own costs and expenses that are incurred while participating in the
RFP, presentations and contract negotiation processes.
12.5 The Bank reserves the right at the time of award of contract to increase or
decrease, the scope of work without any change in price or other terms and
conditions.
12.6 Notwithstanding anything contained in the RFP Document, the Bank reserves
the right to accept or reject any response and to annul the process and reject all
responses at any time prior to execution of the agreement with the Bidder to whom
the contract is finally awarded, without thereby incurring any liability to the affected
Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the
grounds for the Bank’s decision.
12.7 The Bank reserves the right to cancel the entire process at any stage at its
sole discretion without assigning any reason thereof.
12.8 It shall be the duty and responsibility of the Bidders to ensure themselves
about the legal, statutory and regulatory authority, eligibility and other competency of
them to participate in this RFP and to provide any and all the services and
deliverables under the RFP to the Bank. An undertaking should be submitted by the
bidder to this effect.
12.9 Subject to any law to the contrary, and to the maximum extent permitted by
law, SBI and its Directors, officers, employees, Consultants, agents, and advisors
disclaim all liability from any loss or damage suffered by any person acting or
refraining from acting because of any information including forecasts, statements,
estimates, or projections contained in this RFP document or conduct ancillary to it
whether or not the loss or damage arises in connection with any omission, default,
lack of care or misrepresentation on the part of SBI or any of its officers, employees,
Consultants, agents or advisors
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13.2 The BG should be issued by a scheduled commercial bank, other than SBI. A
format for BG is attached as per Annexure H.
13.3 The BG is required to protect the interest of the Bank against the risk of non
performance of the consultant in respect of successful completion of the contract
which may warrant the invoking of BG, also if any act of the Consultant results in
imposition of Liquidated Damages as given in clause 21, then the Bank reserves the
right to invoke the submitted BG.
13.4 In case of value of engagement being below a certain amount, Bank reserves
the right to waive this stipulation of furnishing of BG.
14.2 Without limitation on the generality of the foregoing, bidder, and any of their
affiliates, shall be considered to have a conflict of interest and shall not be engaged,
under any of the circumstances set forth below:
(a) Conflicting Assignment/ Job: A bidder (including its Personnel and Sub-
Consultants) or any of its affiliates shall not be hired for any Assignment/ Job that, by
its nature, may be in conflict with another Assignment/ Job of the Consultant / it’s
Personnel to be executed for the same and/or for another Entity / Employer during
the currency of the assignment.
(c) Conflicting Activities: A firm that has been engaged by the Bank at any time
during the past 5 years to provide goods, works or services other than consulting
services for a project and any of its affiliates, shall be disqualified from providing
consulting services related to those goods, works or services. Conversely, a firm
hired to provide consulting services for the preparation or implementation of a
project, and any of its affiliates, shall be disqualified from subsequently providing
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goods or works or services other than consulting services resulting from or directly
related to the firm’s consulting services for such preparation or implementation. For
the purpose of this paragraph, services other than consulting services are defined as
those leading to a measurable physical output like supplying computer hardware /
material for the project.
15.2 The consultant shall, at their own expenses, defend and indemnify the Bank
against all third party claims or infringement of IPR, including Patent, trademark,
copyright, trade secret or industrial design rights arising from use of the products or
any part thereof in India or abroad. In case of violation/ infringement of patent/
trademark/ copyright/ trade secret or industrial design, the consultant shall
immediately take appropriate steps for averting such violation/infringement.
15.3The consultant shall expeditiously extinguish any such claims and shall have full
rights to defend it there from. If the Bank is required to pay compensation to a third
party resulting from such infringement, the consultant shall be fully responsible
therefore, including all expenses and court and legal fees.
15.4 The liability of the consultants to indemnify the Bank including those by /
against third party claims as per this clause shall be unlimited and without any cap or
condition.
15.5 The Bank will give notice to the consultant of any such claim without delay,
provide reasonable assistance to the consultant in disposing of the claim, and shall
at no time admit to any liability for or express any intent to settle the claim. Absence /
delay of notice / assistance from the Bank, however, do not absolve the consultant of
his responsibilities as above.
15.6 The Bank shall have absolute unqualified right title and ownership over all the
deliverables, solutions and other products/services delivered by the consultant
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consequent to the completion of the project or among work done in accordance with
the contract.
16.2 In any case in which the successful bidder has received instructions from
Bank as to the requirement of carrying out the altered or additional substituted work
which either then or later on, will in the opinion of the finally selected bidders, involve
a claim for additional payments, such additional payments shall be mutually agreed
in line with the terms and conditions of the order.
16.3 If any change in the work is likely to result in reduction in cost, the parties
shall agree in writing so as to the extent of change in contract price, before the finally
selected bidder(s) proceeds with the change. In all the above cases, in the event of a
disagreement as to the reasonableness of the said sum, the decision of Bank shall
prevail.
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ascertained, or certified or not or any sum against the payment of which he is bound
to indemnify Bank nor shall any such certificate nor the acceptance by him of any
such paid on account or otherwise affect or prejudice the rights of the successful
bidder against Bank.
18.2 The selected bidder shall, whenever required, furnish all relevant information,
records, and data to such auditors and / or inspecting officials of the Bank / Reserve
Bank of India and or any regulatory authority / Bank’s consultant / Testing agency
entrusted by the Bank to carry out this work.
18.3 The Bank may, at its discretion carry out a pre inspection by a team of Bank
officials or demand a demonstration of the consultancy services proposed on a
representative model in Bidder’s office as per specification provided by the Bank.
18.4 The Bank’s at its discretion may carry out periodic inspection/quality checks
on continual basis and where necessary may reject the products/solution which does
not meet the specifications provided by the Bank.
Nothing stated hereinabove shall in any way release the consultant from any
warranty or other obligations under this contract.
19.2 The selected bidder shall not have right to terminate the contract or to
demand any damages on account of termination of the Contract by the Bank.
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20. Delays in the Consultant’s performance in successful implementation of
the project
Delivery of the solution and performance of the services shall be made by the
consultant in accordance with the time schedule, technical specification, scope of the
project and other terms & conditions as specified in the RFP/Contract. Any delay in
performing the obligation /defect in performance by the consultant may result in
imposition of liquidated damages, invocation of Performance Bank Guarantee and/or
termination of contract.
22.2 In the event SBI terminates the Contract in whole or in part, SBI may procure,
upon such terms and in such manner, as it deems appropriate, systems or services
similar to those not delivered by the consultant and the Consultant shall be liable to
Bank for any excess costs for such similar systems or services.
23.2 If Force Majeure event arises the Consultant shall promptly notify Bank in
writing of such conditions and the cause thereof. Unless otherwise agreed by SBI in
writing, the Consultant shall continue to perform its obligations under the contract as
far as is reasonably practical, and shall seek all reasonable alternative means for
performance not prevented by the Force Majeure event.
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24. Termination for Insolvency
SBI may at any time terminate the Contract immediately, if the consultant becomes
bankrupt or otherwise insolvent. The event of termination will be without
compensation to the Consultant, provided that such termination will not prejudice or
affect any right of action or remedy, which has occurred or will accrue thereafter to
SBI. Notwithstanding the above, the SBI shall have the right to terminate the contract
any time without assigning any reasons.
25. Governing Law and Disputes (Applicable in case of successful bidder only)
25.1 All disputes or differences whatsoever arising between the parties out of or in
connection with the contract or in discharge of any obligation arising out of the
Contract (whether during the progress of work or after completion of such work and
whether before or after the termination of the contract, abandonment or breach of the
contract), shall be settled amicably. If however, the parties are not able to solve them
amicably, party (SBI or Consultant), give written notice to other party clearly setting
out there in specific dispute(s) and/or difference(s) and shall be referred to a sole
arbitrator mutually agreed upon, and the award made in pursuance thereof shall be
binding on the parties. In the absence of consensus about the single arbitrator, the
dispute may be referred to a panel of three arbitrators; one to be nominated by each
party and the said arbitrators shall nominate a presiding arbitrator, before
commencing the arbitration proceedings. The arbitration shall be conducted in
accordance with the Arbitration and Conciliation Act, 1996. Any appeal will be
subject to the exclusive jurisdiction of courts at Mumbai.
25.2 The Consultant shall continue work under the Contract during the arbitration
proceedings unless otherwise directed by the Bank or unless the matter is such that
the work cannot possibly be continued until the decision of the arbitrator is obtained.
25.3 Arbitration proceeding shall be held at Mumbai, India, and the language of the
arbitration proceedings and that of all documents and communications between the
parties shall be in English.
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28. Notices
Any notice given by one party to the other pursuant to the contract shall be sent to
other party in writing or by Fax and confirmed in writing to other Party’s address. For
the purpose of all notices, the following shall be the current address:
The notice shall be effective when delivered or on the notice’s effective date
whichever is later.
30.2 The Consultant is responsible for managing the activities of its personnel and
will hold itself responsible for any misdemeanors on the part of its personnel.
30.3 The Consultant will treat as confidential all data and information about SBI,
obtained in the process of executing its responsibilities, in strict confidence and will
not reveal such information to any other party without prior written approval of SBI as
explained under ‘Non Disclosure Agreement’ in Annexure F of this document.
30.4 The team exclusively assigned to the project should consist of sufficient
number of persons not less than 3 persons sufficient calibre. Detailed Curriculum
Vitae (CV) for each of these professional staff to be provided as per Exhibit III.
30.5 The consultant alone shall be responsible for all or any of the service
conditions of its personnel / employees engaged in connection with consultancy
services.
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30.6 The personnel / employees of the Consultant shall not be entitled to claim
any employment or absorption in the Bank’s service.
31. Services
31.1 All professional services necessary to successfully implement the proposed
solution will be part of the RFP.
31.2 The bidder should submit as part of technical Bid an overview of approach of
the proposed methodology.
31.3 Consultant should ensure that Consultant’s key personnel with relevant skill
are always available to the Bank.
31.4 Consultant should ensure the quality of methodologies for delivering the
services and its adherence to quality standard.
32.2 Any Bid not containing sufficient information, in the opinion of SBI may be
rejected.
32.3 The Bank shall have the right to reject the bids not submitted in the prescribed
format or incomplete in any manner.
32.4 State Bank of India is not responsible for non-receipt of bids within the
specified date and time due to any reason including postal delays or holidays
32.5 The Bank also reserves the right to alter/ modify any/ some/ all of the
requirements, as it may deem necessary, and notify the same to the Consultants
before the last date for submission of response under this RFP. The Bidders should
be agreeable for the same.
32.6 Bids not conforming to the requirements of the RFP may not be considered
by SBI. However, SBI reserves the right, at any time, to waive any of the
requirements of the RFP, if in the sole discretion of SBI, the best interest of SBI be
served by such waiver.
32.7 Bidders who do not meet the technical criteria stipulated by the Bank will not
be considered for further evaluation.
32.8 SBI shall have the right to cancel the RFP process at any time prior to award
of contract, without thereby incurring any liabilities to the Bidder(s)/selected bidder.
Reasons for cancellation, as determined by SBI in its sole discretion include but are
not limited to, the following:
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i. Services Contemplated are no longer required,
ii. Scope of work were not adequately or clearly defined due to unforeseen
circumstance and/or factors and/or new developments,
iii. Proposed prices are unacceptable to the Work,
iv. The Project is not in the best interest of SBI,
v. Any other reason, which is the sole opinion of the Bank a ground for
cancellation of the RFP.
32.9 SBI reserves the right to verify the validity of bid information and to reject any
bid or the cancel the contract where the contents appear to be incorrect, inaccurate
or inappropriate at any time during the process of RFP or after award of contract, as
the case maybe.
32.10 SBI reserves the right to re-negotiate the prices in the event of changes in the
market conditions and/or technology etc.
32.11 During the term of agreement, bidder will not hire or retain, either as an
employee or consultant any employee of Bank. During the contract period, Bank will
also not hire or retain, either as an employee or consultant, any employee of the
bidder. However this shall not be the applicable in respect of any regular recruitment
process of the Bank as per its recruitment policy.
32.12 All pages of RFP should be stamped and signed by Authorized Signatory of
the Bidder
32.13 Consultant should carry out any change necessitated by the Bank to the
Scope of Work and Deliverables.
32.15 The various activities as per the RFP shall be carried out on the respective
dates indicated in the ‘Bid Details’ under clause 1. However, the Bank reserves the
sole right to modify / amend / change any such dates and the same will be suitably
communicated to the consultants who have been issued this RFP.
32.16 Consultant shall not use any information or material received from the Bank or
designed as part of the deliverables for the benefit of consultant or any third
party(ies).
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Annexure – A: Bid covering letter
Bid Covering Letter: To be submitted by the bidder along with Bid documents
To,
Deputy General Manager (PM & PPG)
Personnel Management Department
State Bank of India,
Corporate Centre
16th Floor, State Bank Bhavan,
Madame Cama Road
Mumbai 400 021
Phone: 022-22741611
Fax: 022- 22045654
Sir,
In respect of your RFP mentioned above, we submit our Bid Document herewith. As
desired in the RFP, we are submitting our bids in two envelopes, Technical Bid
(Superscribed as “Technical Bid for Employee engagement Survey in the Bank”) and
other for Financial Bid (Superscribed as “Indicative financial bid for Employee
engagement Survey in the Bank”), both submitted together in one envelope. All
details furnished herein are with the relevant information / documents / acceptance
of all terms and conditions are strictly as described in this RFP. Envelope containing
Technical Bid will in turn, contains three separate sealed envelopes, one containing
details of eligibility criteria as per Annexure B & Annexure C of the RFP
(Superscribed as “Technical Bid - Eligibility Details”) and other containing complete
Technical Bid details as per Annexure D of the RFP (Superscribed as “Technical Bid
– Detailed Bid”). Third envelope contains a CD/ Pen Drive containing a soft copy of
the above details (Superscribed as “Technical Bid – Soft Copy”).
2. We understand that:
i. You are not bound to accept the lowest or any bid received by you, and you may
reject all or any bid without assigning any reason or giving any explanation
whatsoever.
ii. Bank may follow close or open bidding process as per requirement of the Bank.
iii. If our Bid is accepted, we undertake to enter into and execute at our cost, when
called upon by the Bank to do so, a contract in the prescribed form.
iv. If our Bid is accepted, we are to be jointly and severally responsible for the due
performance of the contract
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v. You may accept or entrust the entire work to one Consultant or divide the work to
more than one Consultant without assigning any reason or giving any explanation
whatsoever
vi. Consultant means the bidder who is decided and declared so after examination of
financial bids.
vii. The Bank shall intimate the award of contract to the successful bidder after
completion of the financial bid
3. We confirm that we have the necessary legal, regulatory, statutory and corporate
authority / eligibility and competency to participate in this RFP and also to provide
the services as per the RFP if we are selected as per this RFP.
4. We have read, understand and accept the terms and conditions mentioned in the
RFP document.
5. We confirm that we have quoted for all the items/services mentioned in bid in our
financial bid.
6. We also confirm/clarify that the bid/offer made by us shall remain valid for 180
days from the last date of submission of the bid
Yours faithfully,
Authorised Signatory:
Name:
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Annexure B: Eligibility Criteria
Bidders meeting the following criteria are eligible to submit their Bids along with
supporting documents. If the Bid is not accompanied by all the required documents
supporting eligibility criteria, the same would be rejected:
Sr.
Eligibility Criteria Documents to be submitted
No.
A write up about the company / firm, its
standing and past work done. (Not
Should be a professional Management exceeding 2 pages ) Copy of the
1 Consulting Company / firm of international Certificate of Incorporation/ Registration
repute / standing HR consulting company Certificate or any other valid certificates
issued by Registrar of Companies / firms
and full address of the registered office
The bidder should be in existence for a Registration/Incorporation Certificate or
2
minimum period of 5 years in India. any other valid documents as proof
The bidder must have a minimum annual Copy of the audited Balance Sheet and /
3 turnover in India, of Rs. 5 Crore in past two or Certificate of the Chartered Accountant
years for preceding two years
The bidder should have relevant experience
of conducting employee engagement survey Letters from clients/ Copy of engagement
4
1 Public Sector Bank/ Undertaking/Govt. letters/ contracts
department
The bidder should not be blacklisted /barred/
5 disqualified by any regulator/statutory body Self declaration as per Annexure-K
as on date of submission of bid
Documentary evidence must be furnished against each of the above criteria along
with an index. All documents must be signed by the authorized signatory of the
bidder. Relevant portions, in the documents submitted in pursuance of eligibility
criteria, should be highlighted.
Authorised Signatory
Seal of Company
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Annexure C: Bidder Details
1. Name
4. Certificate of incorporation
6. Brief description of the Bidder including details of its main line of business
a. Name
b. Designation
e. Mobile Number
f. Fax Number
g. Email Address
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Annexure D: Technical Bid – Detailed Bid
Technical approach, methodology and work plan are the key components of the
Technical proposal. You are suggested to present your technical proposal in the
format as given below:
SIGNATURES
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Annexure E: Financial Bid
The indicative financial Bid needs to contain the information listed hereunder in a
sealed envelope bearing the identification – “Indicative Financial Bid for Employee
Engagement Survey”.
2 Tax Amount
ii. The fee quoted shall be quoted only in Indian Rupees and should be inclusive of
all taxes. The total cost of providing services mentioned under "Scope of Work"
derived from above formats shall be considered for financial evaluation. In case of
discrepancy between amount in words and figures, the former will prevail.
iii. Bank will not pay any amount which is not quoted in above financial bid. There will
be no additional payment for taxes. There will be no additional payment to the bidder
for anything related to movements / visits/ presentations / knowledge transfer by the
bidder or its officials.
Authorised Signatory
Seal of Company
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Annexure F: NON-DISCLOSURE AGREEMENT
State Bank of India constituted under the State Bank of India Act, 1955 having its
Corporate office at Madame Cama Road, Mumbai through its Strategic Training
Unit(herein referred to as Bank which expression includes its successors and
assigns)of the ONE PART;
And
The Bank and the Consultant are herein after individually referred to as “party” and
collectively as ‘parties’.
And Whereas
2. For the purpose of advancing their business relationship, the parties would need
to disclose certain valuable confidential information to each other. Therefore, in
consideration of covenants and agreements contained herein for the mutual
disclosure of confidential information to each other, and intending to be legally
bound, the parties agree to terms and conditions as set out hereunder.
Page 38 of 53
disclosed to Receiving Party by any Disclosing Party Subsidiary and/ or agents is
covered by this agreement.
1.2 Confidential Information shall not include any information that: (i) is or
subsequently becomes publicly available without Receiving Party’s breach of any
obligation owed to Disclosing party; (ii) becomes known to Receiving Party prior to
Disclosing Party’s disclosure of such information to Receiving Party; (iii) became
known to Receiving Party from a source other than Disclosing Party other than by
the breach of an obligation of confidentiality owed to Disclosing Party; or (iv) is
independently developed by Receiving Party. However these exclusions shall not be
applicable in respect to customer details of the Bank.
1.3 “Confidential Materials” shall mean all tangible materials containing Confidential
Information, including without limitation written or printed documents and computer
disks or tapes, whether machine or user readable.
2. Restrictions
2.1 Each party shall treat as confidential the Contract and any or all information
(“confidential information”) obtained from the other pursuant to the Contract and shall
not divulge such information to any person (except to such party’s own employees
and other persons and then only to those employees and persons who need to know
the same) without the other party’s written consent. Provided that this clause shall
not extend to information which was rightfully in the possession of such party prior to
the commencement of the negotiations leading to the Contract or information, which
is already public knowledge or becomes so at a future date (otherwise than as a
result of a breach of this clause). Receiving Party will have executed or shall execute
appropriate written agreements with its employees and consultants specifically
assigned and/or otherwise, sufficient to enable it to comply with all the provisions of
this Agreement.
2.2 Receiving Party may disclose Confidential Information in accordance with judicial
or other governmental order to the intended recipients (as detailed in this clause),
provided Receiving Party shall give Disclosing Party reasonable notice prior to such
disclosure and shall comply with any applicable protective order or equivalent. The
intended recipients for this purpose are:
2) regulatory authorities regulating the affairs of the Receiving party and inspectors
and supervisory bodies thereof
2.3 The foregoing obligations as to confidentiality shall survive any termination of this
Agreement
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relationship with Disclosing Party, and only as otherwise provided hereunder.
Receiving Party agrees to segregate all such Confidential Material from the
confidential material of others in order to prevent mixing.
2.5 Receiving Party may not reverse, engineer, decompile or disassemble any
material disclosed to Receiving Party.
3.1 Receiving Party shall notify Disclosing Party immediately upon discovery of any
unauthorized used or disclosure of Confidential Information and/ or Confidential
Materials, or any other breach of this Agreement by Receiving Party, and will
cooperate with Disclosing Party in every reasonable way to help Disclosing Party
regain possession of the Confidential Information and/ or Confidential Materials and
prevent its further unauthorized use.
3.2 Receiving Party shall return all originals, copies, reproductions and summaries of
Confidential Information or Confidential Materials at Disclosing Party’s request, or at
Disclosing Party’s option, certify destruction of the same.
3.3 Receiving Party acknowledges that monetary damages may not be the only and /
or a sufficient remedy for unauthorized disclosure of Confidential Information and
that disclosing party shall be entitled, without waiving any other rights or remedies
(as listed below), to injunctive or equitable relief as may be deemed proper by a
Court of competent jurisdiction.
d. Termination of contract
3.4 Disclosing Party may visit Receiving Party’s premises, with reasonable prior
notice and during normal business hours, to review Receiving Party’s compliance
with the term of this Agreement.
4. Miscellaneous
4.1 All Confidential Information and Confidential Materials are and shall remain the
property of Disclosing Party. By disclosing information to Receiving Party, Disclosing
Party does not grant any expressed or implied right to Receiving Party to disclose
information under the Disclosing Party patents, copyrights, trademarks, or trade
secret information.
4.2 Any material and documentation provided under this Agreement is provided with
RESTRICTED RIGHTS.
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4.3 Neither party grants to the other party any license, by implication or otherwise, to
use the Confidential Information, other than for the limited purpose of evaluating or
advancing a business relationship between the parties, or any license rights
whatsoever in any patent, copyright or other intellectual property rights pertaining to
the Confidential Information.
4.4 The terms of Confidentiality under this Agreement shall not be construed to limit
either party’s right to independently develop or acquire product without use of the
other party’s Confidential Information. Further, either party shall be free to use for
any purpose the residuals resulting from access to or work with such Confidential
Information, provided that such party shall maintain the confidentiality of the
Confidential Information as provided herein. The term “residuals” means information
in non-tangible form, which may be retained by person who has had access to the
Confidential Information, including ideas, concepts, know-how or techniques
contained therein. Neither party shall have any obligation to limit or restrict the
assignment of such persons or to pay royalties for any work resulting from the use of
residuals. However, the foregoing shall not be deemed to grant to either party a
license under the other party’s copyrights or patents.
4.5 For the purpose of avoiding any ambiguity it is clarified that the services /
solution or other deliverables provided or to be provided by the consultants to Bank
shall be the property of the Bank and shall not be considered as confidential
information to the Bank. However, such service /solutions or other deliverables shall
be considered as a confidential information by the consultant and shall not be
disclose such details to any third parties without having the express written
permission of the Bank.
4.6 This Agreement constitutes the entire agreement between the parties with
respect to the subject matter hereof. It shall not be modified except by a written
agreement dated subsequently to the date of this Agreement and signed by both
parties. None of the provisions of this Agreement shall be deemed to have been
waived by any act or acquiescence on the part of Disclosing Party, its agents, or
employees, except by an instrument in writing signed by an authorized officer of
Disclosing Party. No waiver of any provision of this Agreement shall constitute a
waiver of any other provision(s) or of the same provision on another occasion.
4.7 In case of any dispute, both the parties agree for neutral third party arbitration.
Such arbitrator will be jointly selected by the two parties and he/she may be an
auditor, lawyer, consultant or any other person of trust. The said proceedings shall
be conducted in English language at Mumbai and in accordance with the provisions
of Indian Arbitration and Conciliation Act 1996 or any Amendments or Re-
enactments thereto.
4.8 Subject to the limitations set forth in this Agreement, this Agreement will inure to
the benefit of and be binding upon the parties, their successors and assigns.
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4.9 If any provision of this Agreement shall be held by a court of competent
jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall
remain in full force and effect.
4.10 All obligations created by this Agreement shall survive change or termination of
the parties’ business relationship.
5.1 Either party from time to time may provide suggestions, comments or other
feedback to the other party with respect to Confidential Information provided
originally by the other party (hereinafter “feedback”). Both party agree that all
Feedback is and shall be entirely voluntary and shall not in absence of separate
agreement, create any confidentially obligation for the receiving party. However, the
Receiving Party shall not disclose the source of any feedback without the providing
party’s consent. Feedback shall be clearly designated as such and, except as
otherwise provided herein, each party shall be free to disclose and use such
Feedback as it sees fit, entirely without obligation of any kind to other party. The
foregoing shall not, however, affect either party’s obligations hereunder with respect
to Confidential Information of other party.
(month) (place)
Name
Designation
Place
Signature
Name
Designation
Place
Signature
Page 42 of 53
Annexure G: Compliance Statement
DECLARATION
We hereby undertake and agree to abide by all the terms and conditions stipulated
by the bank in the RFP document.
1)
2)
….
(If left blank it will be construed that there is no deviation from the specification given
above)
Authorised Signatory
Seal of Company
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Annexure H: Format for Bank Guarantee
BANK GUARANTEE
To,
Whereas as per the terms of the said RFP/ Order the Consultant has to submit a
Bank Guarantee from any scheduled commercial bank, other than SBI in favour of
you.
We the Guarantor, further confirm that a mere letter from the SBI that there has been
a breach by the Consultant of its obligations or there are sufficient reasons for
invoking this Guarantee, shall without any other or further proof be final conclusive
and binding on the Guarantor.
We shall not be discharged or released from this undertaking and the Guarantee by
any arrangement, variation, violation between you and the Consultant, indulgence to
Consultant by you with or without our consent or knowledge and this Guarantee shall
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be in addition to any other Guarantee or security you possess against the
Consultant.
This Guarantee shall be a continuing Guarantee and shall not be discharged by any
change in the constitution of SBI, Guarantor or the Consultant. It is further
guaranteed that the payment under this Guarantee shall be made by us on receipt of
your written demand as aforesaid making reference to this Guarantee.
Notwithstanding anything contained herein above, our liability under this Guarantee
is restricted to Rs. ________/- (Rupees ________________Only).
This Guarantee shall remain in full force and effect for a period of __ months from
the date of this guarantee i.e. up to _________ Unless a claim under this Guarantee
is made against us within one month from that date i.e. on or before _____, all your
rights under this Guarantee shall be forfeited and we shall be relieved and
discharged from all liabilities there under whether or not this guarantee bond is
returned to us or not.
Date:
For _______________
Authorized Signatory
Place:
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Annexure I: Bidder’s Letter for EMD
To,
RFP Ref:
We enclose EMD in the form of a Demand Draft / Banker’s Cheque/ Pay Order
No……….. issued by the Branch of the …………………….Bank, for the sum of Rs. 1
lac only (Rupees one lac only) drawn in favour of State Bank of India, Corporate
Centre payable at Mumbai. We also understand and agree that no interest will be
paid on EMD amount. This EMD will be treated as per terms and conditions set out
in this RFP.
Thanking you,
Yours faithfully
(Authorised Signatory)
Name
Company Seal
Date
Business address
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Annexure J: Check list of Documents to be submitted as part of Response
b. Bid fee of Rs. 10,000/- by way of Draft / Pay order in favour of State Bank of India
payable in Mumbai
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c. Team Composition as per Exhibit II
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Annexure K: Letter of declaration on non-blacklisting / barred / disqualification
by regulatory / statutory authorities (On Company’s / Firm’s Letter Head)
To,
Thanking you,
Yours faithfully
(Authorised Signatory)
Date:
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Exhibit: I: CONSULTANT’S ORGANIZATION AND EXPERIENCE
A - Consultant’s Organization
[Provide here a brief two pages description of the background and organization of
your firm/entity and each associate for this assignment.]
B - Consultant’s Experience
[Using the format below, provide information on each assignment during last 5 years
for which your firm, and each associate for this assignment, was legally contracted
either individually as a corporate entity or as one of the major companies within an
association, for carrying out consulting services similar to the ones requested under
this assignment.]
Assignment name
Country:
Location within country:
Name of Client:
Start date month/year:
Completion date month/year:
Name of associated Consultants, if any:
Note: The Consultant shall indicate counterpart staff and facilities and explain to
enable the Bank to take a final view in the matter. This would provide uniform
counterpart staff and facilities to all the bidders for submitting their Proposals.
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Exhibit III: CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF
(Use separate sheets for each of proposed staff)
1. Proposed Position [only one candidate shall be nominated for each position]:
.
2. Name of Firm [Insert name of firm proposing the staff]:
8. Countries of Work Experience: [List countries where staff has worked in the
last ten years]:
10. Employment Record [Starting with present position, list in reverse order every
employment held by staff member since graduation, giving for each employment see
format here below: dates of employment, name of employing organization, positions
held.]:
Positions held:
12. Work Undertaken that Best Illustrates capability to Handle Tasks Assigned
b) Among the assignments in which the staffs have been involved, indicate the
following information for those assignments that best illustrate staff capability to
handle the tasks listed under point 11.]
(ii) Year:
(iii) Location:
(iv) Client:
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(v) Main project features:
(vi)Positions held:
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Sr. Criteria Indicative Criteria Maximum
No. Marks
4 Full time Manpower As per experience
proposed to be assigned to /capabilities shown in CV
this project – Names/ Experience of project
15
experience /CV manager & team and key
resources assigned for
handling the project
5 Development of Tools for Approach & methodology
continuous in-house survey/ demonstrated in response of
feedback system by the RFP for developing tool for
20
Bank. continuous in-house
employee engagement
survey for future
Total 100
Exhibit V: COMMENTS
Note: The Consultant shall indicate counterpart staff and facilities and explain to
enable the Bank to take a final view in the matter. This would provide uniform
counterpart staff and facilities to all the bidders for submitting their Proposals.
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