EFFECTIVE DATE OF THE POLICY

This policy shall come into effect from October 10, 2019.

PURPOSE

The purpose of this policy is to outline the processes the Company uses to manage and respond to Vendor grievances. Further, the purpose of this Vendor Grievance policy is to provide a mechanism by which vendors/potential Vendors can appeal on contracts awarded if they believe the contracting process was not conducted in a fair, open, and competitive manner in accordance with Company policies.

Under this procedure, Vendors can request an independent review of the process by Company personnel outside of the contracting group.

SCOPE

This applies to all employees and to all those vendors/prospective vendors who are or wish to be associated with the Company.

BACKGROUND The Company believes in being fair and unbiased to any vendor/prospective vendors dealing with it. The Company’s aim is to ensure that Vendors/prospective vendors associated with it have the right to respectful and responsive services and in case there happens to be any incident by which the Vendor/Prospective vendor is aggrieved then in such a case the same needs to be addressed in a fair manner and corrective steps taken when necessitated. It is in this connection that ATOMBERG intends laying down a policy and in providing a clear process to bring the grievances forward and have the same resolved in a timely manner.

RESPONSIBILITY

Purchase Executives, Regional head, National Purchase Head, Finance Head and Chief Operating Officer (COO).

GUIDELINES

  1. policy is applicable to the following Vendors: –
    1. a. those who are currently dealing with the Company
    2. b. those who are proposing to deal with the Company
    3. c. those who have been dealing with the Company up to 6 months before the effective date and are not currently dealing with the Company.
  2. This policy covers instances where the vendor has been informed before awarding the contract that they will not be awarded the Contract for whatsoever reason and the Vendor feels aggrieved about the same.
  3. This policy covers instances where the vendor has been informed simultaneously or after awarding the Contact to another Vendor and that they will not be awarded the Contract for whatsoever reason and the Vendor feels aggrieved about the same.
  4. This policy covers all other grievances outside the regular contracting process/cycle however will not include instances where the Vendor has failed to meet minimum bid requirements or has not furnished the documents necessary for being considered in the evaluation process. , such as claims of New Technology or requests to add a new product category.
  5. The preferred method for submitting a Vendor grievance is through an email or a letter being addressed to the Assistant Manager Purchases ATOMBERG Technologies Pvt Ltd. D-130 TTC Industrial Area, MIDC, Shirvane, Nerul Navi Mumbai 400 706. Email – souravlahiri@atomberg.com
  6. In case an aggrieved party contacts an employee in respect of any grievance, the employee shall consult his/her supervisor and/or a member of the Grievance Response Committee for further instructions
  7. In case of all grievances which the aggrieved party has become aware before the award of the Contract, then the said grievance must be submitted within 14 days of the party having known the facts which have given rise to the said grievance.
  8. In case of all grievances which the aggrieved party has become aware after the contract has been awarded then the said grievance must be submitted within 21 days of the Company awarding the contract to another party.
  9. Any exceptions other than what has been detailed in this policy will be addressed on a case to case basis. However, all exceptions need to be approved by the Operations Head before the same can be considered.
  10. Pursuant to receiving the complaint the Assistant Manager Purchases shall forward it to the Grievance Response Committee which shall be led by the Operations Head and will be assisted by the Finance Head and the Quality Head and other individuals deemed necessary or appropriate. The Operations Head shall be the “Team Leader” of the Company’s Grievance Response Committee for Vendors and shall be responsible for managing the process related to the grievance investigation.
  11. The Team Leader will contact the aggrieved person in writing (including via e-mail) within seven business days after receipt of the grievance with the following
    1. a. an overview of the grievance process
    2. b. a request for additional information (if applicable)
    3. c. an initial timeline for review and resolution of the grievance
  12. The Company’s Grievance Response Committee will be responsible for reviewing all appropriate records related to the grievance, such as bid documentation and any other applicable documentation related to the grievance. In addition to reviewing data, the Company’s Grievance Response Committee will be responsible for interviewing internal personnel as considered appropriate and essential.
  13. Notwithstanding anything contained in the above, the following will not be a valid grievance:
    1. a. In case the aggrieved party fails to submit the grievance by the deadline specified in the policy and/or other minimum requirements generally accepted and essential to investigate a grievance – such cases shall be ignored and shall not be subject to review.
    2. b. As a policy the Team Leader shall send 3 written reminders to the aggrieved party for submission of data/information essential for conducting the said investigation and if in spite of the above the aggrieved party does not cooperate and the said relevant data/information has not been received within 10 days from the last written reminder sent to them.
    3. c. Any other matter which in the decision of the Team Leader does not qualify the grievance to be admitted
  14. The Company shall provide a written response to the aggrieved party within 90 days of receipt of the original grievance indicating disposition of the matter, unless such time period has been extended in order to obtain feedback not readily available. However, in any case the Company shall dispose of the matter within 100 days of the receipt of the original grievance.
  15. In case the aggrieved party is not satisfied with the decision of the Company’s Grievance Response Committee the said party can escalate the matter to the COO of the Company.
  16. In case the matter is raised to the COO, the COO shall call for all papers/documents based on which the Grievance Response Committee had arrived at its decision. The COO shall review the entire process along with the said documents and arrive at his decision. In case the COO differs from the decision taken by the Grievance Response Committee the COO shall furnish his/her decision to the Grievance Response Committee and the same shall be communicated by the Team Leader to the aggrieved party. The decision taken by the COO shall be final and there shall not be any further reviews within the Company.
  17. Pursuant to the grievance being heard the decisions which shall be taken by the Company could be one of the following and the Team Leader shall communicate the same to the Vendor: –
    1. a. Sustain the original bid or innovative technology decision.
    2. b. Bid or Re-Bid the product or product category
    3. c. Award a contract to the grievant

DEFINITIONS

“Company” means ATOMBERG Technologies Pvt Ltd. (ATOMBERG).
“Employees” means all officers and employees of the Company, including, without limitation, all full- time, part-time and temporary employees.
“Vendor” (aggrieved party) means any organisation or third party that the Company has a contract with or that submits an offer, formally or informally, to provide goods or services to the members served by the Company.

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