TENDER FOR APPOINTMENT OF CONTRACTOR FOR SUPPLY OF MANPOWER VIZ.

Transcription

1 Page No. 1 TENDER FOR APPOINTMENT OF CONTRACTOR FOR SUPPLY OF MANPOWER VIZ. TALLY CLERK, TYPIST,STENOGRAPHOR (HINDI & ENGLISH) & HOUSE KEEPING AT CENTRAL WAREHOUSING CORPORATION, REGIONAL OFFICE BHOPAL & ITS WAREHOUSE AT MADHYA PRADESH REGION BHOPAL. 75, ARERA HILLS, NEAR CENTRAL SCHOOL-I, BHOPAL Tel.No: / / ; FAX: rmbpl@cewacor.nic.in

2 Page No. 2 No.CWC/RO-BPL/MANPOWER/ Dated NOTICE INVITING E-TENDER CWC, invites e-tenders from the professionally competent & experienced interested parties for appointment of contractor for supply of Manpower viz. Tally clerk, Typist,Stenographors (Hindi /English) and House Keeping staff at CWC, Regional Office, 75, Arera Hills, Bhopal and its Warehouses situated at Madhya Pradesh Region Bhopal. E-Tender under Two bids system will be available on our website or and can be downloaded from e-tendering website Cost of the tender, E-tendering Processing Fee and EMD will be paid online. Important dates for e-tendering process are as per details given below:- 1. Availability of e-tender on website From at hrs. to15.00 hrs. at Last date for on line submission of e-tender Up to hrs on Pre-bid meeting at CWC, RO, Bhopal at hrs. 4. Uploading queries or clarification, if any-as a upto17.00 hrs. result of pre-bid meeting on website. 5 Date of Opening of Technical Bid t hrs, NOTE:- Any further clarifications/corrigendum/addendum be published online on above mentioned website. REGIONAL MANAGER

3 Page No. 3 INVITATION TO E-TENDER AND INSTRUCTIONS TO TENDERERS FOR APPOINTMENT OF CONTRACTOR FOR SUPPLY OF MANPOWER VIZ. TALLY CLERK, TYPIST,STENOGRAPHORS (HINDI/ENGLISH) & HOUSE KEEPING AT CENTRAL WAREHOUSING CORPORATION, REGIONAL OFFICE AND ITS WAREHOUSE AT MADHYA PRADESH REGION BHOPAL. a. e-tender under Two Bids system will be available on our website or and can be downloaded from e-tendering website from at Hours to up to Hours. If any tenderer wishes to participate in the CWC tenders, tenderer has to register their firm once in our website for online e-tendering in consultation with our service provider M/s. Karnataka State Electronics Development Corporation Limited (KSEDC). Phone No No bidder registration charges will be charged by the service provider. For more Information please visit on the above website or Contact or you can call to Mr. Bablesh Kumar, Mobile: Cost of Tender, e-tendering Processing Fee, and EMD can be paid online in the following modes:- Sl.No. Mode of payment 1 Credit/Debit Cards or NEFT/RTGS or Net Banking or Direct Debit (This is proposed based upon letter No.CWC/RO-BPL/Manpower e-tender/estt./ dated... issued by Establishment Section addressed to KSEDC. The Tender Cost of Rs.1180/- (inclusive of GST) and EMD of Rs.60,000/- have to be deposited through above modes in CWC Bank A/c as per details given below:- Name of Bank : PUNJAB NATIONAL BANK Branch : HABIBGANJ BRANCH, Bhopal IFSC Code Number : PUNB Bank Account Number : Micro & Small Enterprises (MSEs) registered with National Small Industries Corporation Limited will be exempted from depositing of tender and EMD amount. Tender Processing Fee Rs.../- (Non-Refundable) (inclusive GST) has to be deposited in account of M/s. Karnataka State Electronics Development Corporation Limited (KSEDC) through e-payment mode only. The unique transaction reference of RTGS/NEFT against the cost of tender, EMD shall have to be uploaded in the e-tendering system as per Tender page No.8 1. If the date fixed for opening of tenders is subsequently declared a holiday, the tenders will be opened on the next working day following the holiday but there will be no change in the time for opening indicated above. 2. The Regional Manager, CWC, Regional Office Bhopal may at his discretion, extend this day by a fortnight and such extension shall be binding on the tenderer. 3. If the date up to which the e- tender is to remain open for acceptance is declared to be holiday, the tender shall be deemed to remain open for acceptance till the next following working day.

4 Page No. 4 CHECK LIST OF DOCUMENTS E-Tenders are invited for Supply of Manpower viz. Tally Clerk, Typist,Stenographors (Hindi & English) & House keeping at Central Warehousing Corporation, Regional Office and Warehouses at Madhya Pradesh Region Bhopal. Page No Description of Documents 6 Earnest Money (Rs.60,000/-). The unique transaction reference of RTGS/NEFT in proof of depositing Earnest Money of (Rupees Sixty thousand only) 8 Document (Sl.No.1 to 08) as mentioned on page-8 to be uploaded during ONLINE e-tendering system in readable condition, to be Scanned & uploaded in PDF Format only Terms and Conditions (Annexure-I) (Page13-15) Liability for Man Power engaged by the Contractors (Page-21) Services to be performed by the Contractor & Duties and Responsibilities of the Contractors 22 Technical Bid (Annexure-II) 23 Undertaking (Annexure-III) 24 Schedule of Payment Price Bid (Annexure-IV) 27 Schedule of rates for services (Annexure-V) 28 Agreement (Annexure-VI) I accept all the terms and conditions of the tender. I have also uploaded Documents on e-tendering site as per Page No. 8 (Sl. No. 01 to 08) & Page No.22 (Annexure-II) which are scanned in PDF format. This page should also be signed, scanned & uploaded on e-tendering Site. Signature of Tenderer With seal

5 Page No. 5 The Regional Manager, Central Warehousing Corporation, Regional Office, BHOPAL To, Dear Sir, For and on behalf of the Central Warehousing Corporation, BHOPAL (hereinafter called the Corporation); Regional Manager, Central Warehousing Corporation, Bhopal invites e-tender under Two bid systems from financially sound parties having business competency for appointment of contractor for supply of Manpower viz. Tally Clerk, Typist,Stenographors(Hindi & English) & House Keeping for a period of two years from the date of appointment. Place of Service Supply of Manpower shall have to be performed within the premises of Regional Office, Bhopal and Warehouses at Madhya Pradesh Region, Bhopal. 1. The contract, if any, which may eventuate from this e-tender shall be governed by the Terms & Conditions of contract as contained in the invitation/instructions to the Tenderer and as given in the Annexure-I to the form of this e-tender. 2. The instructions to be followed for submitting the e- tender are set out below: a) INFORMATION ABOUT E-TENDERERS The Tenderer must furnish full, precise and accurate details in respect of information asked as per Annexure-II attached to the form of E-Tender. b) SIGNING OF e-tenders: Person or persons signing the e- tender shall state in what capacity he/she/they/ is/are signing the e-tender e.g. as a sole proprietor of a firm or as an employee or partner in the firm. In the case of Partnership firms, the names of all the partners should be disclosed or their duly constituted attorney, having authority to bind all the partners in all matters pertaining to the contract. The original or an attested copy of the partnership deed should be furnished along with the e-tender. In the case of Hindu undivided family, the name of the family members should be disclosed and the Karta, who can bind the firm, should sign the form and indicate his status as such below his signature. In case of Company (Limited / Private) copy of Memorandum of Association and Article of Association and Certificate of incorporation from Registrar of Companies should be furnished. c) The person signing the e-tender Form or any document forming part of the tender on behalf of a firm shall be responsible to produce a proper power of attorney duly executed in his favour, stating that he has authority to bind such other person or the firm as the case may be, in all matters pertaining to the contract. If the person so signing the tender, fails to produce the said power of attorney his tender shall

6 Page No. 6 concern and by the proprietor in the case of proprietary concern. In the case of Hindu Undivided Family Power of Attorney should be signed by the Karta who by his signature can bind the firm. In case of Company, Board of Director s resolution authorizing the person with his designation to sign the tender document should be produced. 3. EARNEST MONEY: Earnest Money of Rs.60,000/- (Rupees Sixty thousand only) should be remitted in the manner as mentioned on page No. 3 of the tender document i.e. on line through RTGS/NEFT and proof of the same should also be uploaded before closing of submission of tender. E-Tenders not accompanied by earnest money as stated above shall be summarily rejected. Micro & Small Enterprises (MSEs) registered with National Small Industries Corporation Limited will be exempt from depositing of cost of tender and EMD amount. The Earnest Money shall be liable to forfeiture, if the tenderer, after submitting his tender, resiles from or modified his offer and/or the terms and conditions thereof in any manner, it being understood that the tender documents have been made available to him and he is being permitted to tender in consideration of his agreement to this stipulation. The Earnest Money is also liable to be forfeited in the event of the renderer s failure, after the acceptance of his tender, to furnish the requisite security deposit by the due date without prejudice to any other rights and remedies of the Corporation under the contract and law. The earnest money will be returned to all unsuccessful tenderer as soon as practicable after decision on tenders and to a successful tenderer after he has furnished a security deposit, if the successful tenderer does not desire the same to be adjusted towards the security deposit, No interest shall be payable on the amount of earnest money in any case. SECURITY DEPOSIT: (a) i) ii) iii) The successful tenderer shall furnish security deposit of Rs3,00,000/- (Rupees Three Lakhs only). Security Deposit will be accepted through Demand Draft only. The successful tenderer will have the option to pay 50% of the security deposit within a week of the acceptance of his tender and remaining 50% by 5% from each admitted bill for work done. The security amount shall be deposited only through Demand Draft issued by nationalized/scheduled banks and drawn in favour of the Regional Manager, Central Warehousing Corporation payable at Bhopal. No interest is payable on Security Deposit. Earnest Money of Rs.60,000/- will be adjusted against Security Deposit by giving request in writing within a week. (b) If the successful tenderer had previously held any contract and furnished security deposit, the same shall not be adjusted against this e-tender and a fresh security deposit will be required to be furnished.

7 Page No. 7 (c) The contractor shall furnish within a week of the acceptance of their tender a security deposit as prescribed in the invitation to tender failing which the contract shall be liable to cancellation at the risk and cost of the contractors and subject to such other remedies as may be open to the Corporation under the terms of contract. (d) The security deposit will be refunded to the contractors on due and satisfactory performance of the services and completion of all obligations by the contractors under the terms of the contract and on submission of a clear No Demand Certificate both by the authorized person and the Contractor subject to such deduction from the security as may be necessary for making up of the Corporation s claims against the contractor. (e) In the event of termination of the contract envisaged in Clause-X, the Regional Manager CWC shall have the right to forfeit the entire or any part of the amount of security deposit lodged by the contractor or to appropriate the security deposit or any part thereof in or towards the satisfaction of any sum due to be claimed for any damage, losses, charges expenses or cots that may be suffered or incurred by the Corporation. (f) The decision of the Regional Manager CWC is respect of such damages, losses, charges, costs; expenses shall be final and binding on the contractors. (g) In the event of the security being insufficient or if the security has been wholly forfeited the balance of total sum recoverable as the case may be shall be deducted from any sum then due or which at any time thereafter may become due to the contractors under this or any other contract with the Corporation. Should that sum also be not sufficient to cover the full amount recoverable, contractor shall pay to the Corporation on demand the remaining balance due. (h) Whenever the security deposit falls short of the specified amount, the contractors shall make good the deficit so that the total amount of security deposit shall not in any time be less than the specified amount. (i) The successful tenderer will ensure that the necessary documents authorizing the person who has signed the tender to bind his firm, HUF or the company to be filed or registered with the Public Debit Office.

8 Page No QUALIFICATION CONDITIONS FOR TENDERER & DOCUMENTS TO BE UPLOADED DURING ONLINE e-tender SUBMISSION: No documents are to be enclosed with the Price Bid. Proofs of deposit of Earnest Money together with the following documents are to be annexed with Technical Bid in PDF Format only. S. Qualification Conditions N. 1 The tenderer should be experienced in Supply of Manpower in Central/ State Govt./PSUs/Large private companies for a period of 3 years during the period of preceding 5 years as on The total minimum value of contract executed during last 03 years i.e , and should not be less than Rs.60/- lakhs (i.e. sum total value of contract of last 03 financial years). 2 The Tenderer should furnish EMD of Rs. 60,000/- as stated in clause 3. Documents to be uploaded for Proof Experience Certificate shall be produced from customers mentioned in Document-I (i) above stating satisfactory completion of the contract(s) besides duly certifying nature of Manpower supplied, period of contract, number of personnel supplies and value of contract. The unique transaction reference of RTGS/NEFT in proof of depositing EMD may be uploaded. 3 Valid PAN Number Copy of PAN Card 4 Registered in GST Copy of GST Certificate 5 Registered with EPF/ESI Copy of EPF/ESI Certificate 6 Registered with MSEs Copy of MSEs certificate if any 7 Type of Establishment Proprietary/Partnership/Firm/Priva te Ltd company/huf Attested copies of power of power of Attorney/Resolution by BOD of company/copies of partnership deed 8 Check list duly signed. See Para b of this page No.7 a) The tenderer should use the class-3 Digital Signature for uploading all the e- tender documents including schedule of rates. b) Tenderers must ensure that the necessary documents should be scanned and uploaded on e-tendering site as per CHECK LIST (Page-4). The Check List must also be duly signed, scanned & uploaded on e-tendering site. The nonsubmission of document will lead disqualification in Technical Bid.

9 Page No. 9 6 Disqualification Conditions: (i) Tenderer who have been blacklisted or otherwise debarred by CWC or any department of Central or State Govt. or any other Public Sector Undertaking will be ineligible during the period of such blacklisting or for a period of 5 years, which is earlier. (ii) If the proprietor /any of the partners of the Tenderer firm/any of the Director of the Tenderer company have been at any time convicted by a court of any offence and sentenced to imprisonment such Tenderer will be ineligible. (iii) While considering ineligibility arising out of any of the above clauses, incurring of any such disqualification in any capacity whatsoever (even as a Proprietor, Partner in another firm, or as Director of a Company etc.) will render the Tender disqualified. (iv) A Hindu Undivided Family (either as a Proprietor or Partner of a firm) shall not be entitled to apply for Tender. Any Tender submitted in the capacity of Hindu Undivided Family (either as a Proprietor or partner of a firm) shall be summarily rejected. NOTE: Tenderer must submit an undertaking to this effect. (Annexure-III) 7. DELIVERY OF e-tender:- The e-tender to be submitted by the tenderer only through online e-tendering system. The EMD is to be submitted on line as mentioned on page No.3 of the tender. The tenderer must quote rates in Annexure-III and submit only through e- tendering website. Tenders, who do not comply with these instructions, are liable to be ignored/rejected. The EPF/ESI will be deposited by the Contractor with the concerned departments and the same will be reimbursed to the contractor by the CWC on production of documentary evidence of having deposited the same. 8. OPENING OF e-tender: The tenders will be opened through online website or at the time and date indicated in the tender form. The tenderers can check their e-tender response only through online website. 9. CORRUPT PRACTICES: Any bribe, commission or advantage offered or promised by or on behalf of the tenderer to any officer or employee of the Corporation shall (in addition to any criminal liability which the tenderer may incur) debar his tender from being considered. Canvassing on the part or on behalf of the tenderer will also make his tender liable to rejection.

10 Page No INTERVIEWS AND ACCEPTANCE OF E-TENDER: If the tenderers are called for interview, then the tenderers will come at their own expense and without any obligation, if called upon to do so, for interview by the Regional Manager, CWC, RO, Bhopal (or an officer authorized to act on his behalf), as the case may be at their own expense, The Regional Manager CWC RO Bhopal for and on behalf of the Corporation reserves the right to reject any or all the tenders without assigning any reasons and does not bind himself to accept the lowest or any tender. The successful tenderer, will be advised of the acceptance of his tender by a letter or formal Acceptance of Tender. Where acceptance is communicated by the formal acceptance of tender will be forwarded to the contractor as soon as possible. Yours faithfully, Regional Manager

11 Page No. 11 ANNEXURE-I TERMS AND CONDITIONS GOVERNING CONTRACT FOR SUPPLY OF MANPOWER VIZ. TALLY CLERK, TYPIST,STENOGRAPHORS (HINDI & ENGLISH) & HOUSE KEEPING FOR WORK AT REGIONAL OFFICE AND WAREHOUSES AT MADHYA PRADESH REGION BHOPAL. I. DEFINITIONS: i) The term Contract shall mean and include the invitation to tender to tender, incorporating also the instructions to tenderer, the tenders, its annexure and schedules, acceptance or tender and such general and special conditions as may be added to it. ii) iii) iv) The term contractors shall mean and include the person or persons firm or company with whom the contract has been placed including their heirs, executors administrators successors and their permitted assignees as the case may be. The term Contract Rates shall mean the rates of payment accepted by the Regional Manager CWC,RO, Bhopal for and on behalf of the Corporation. The term Corporation or Central Warehousing Corporation wherever occurs shall mean the Central Warehousing Corporation established under Warehousing Corporation Act 1962, and will include its successors and assignees. It will also be called CWC. v) The term Managing Director shall mean the Managing Director of the Corporation. vi) vii) The term Services shall mean the performance of work enumerated in schedule of service including such auxiliary, additional and incidental duties, services, and operations as may be indicated by the authorized person. The term Regional Manager shall mean the Regional Manager of the Corporation under whose administrative jurisdiction the CWC premises and/or operational activities under the contract fall. viii) The term worker shall mean Tally Clerk, Typist,Stenographors (Hindi & English) and House Keeping personnel. II. OBJECT OF THE CONTRACT: The contractor shall render all or any of the services given in Clause XXIII and schedule of operations as and when necessary and as directed from time to time by the Regional Manager or an officer acting on his behalf together with such additional, auxiliary and incidental duties, services and operations as may be indicated by the authorized person or an officer acting on his behalf and are not inconsistent with these terms and conditions.

12 Page No. 12 III. PARTIES TO THE CONTRACT: a) The parties to the contract are the contractors and the Central Warehousing Corporation, represented by the Regional Manager and/or any other authorized person and acting on his behalf. b) The person signing the tender or any other documents forming part of the tender on behalf of any other person or a firm shall be deemed to warrant that he has authority to bind such other person or the firm as the case may be, in such matters pertaining to the contract including the Arbitration clause, if, on enquiry, it is found that the person concerned has not such authority, the Central Warehousing Corporation represented through the Regional Manager, CWC, Regional Office, Bhopal without prejudice to other civil and criminal remedies will terminate the contract and hold the signatory liable for all costs and damages. The tenderer shall submit the details of person(s) authorized to sign on their/his behalf. c) Notice or any other action to be taken on behalf of the Central Warehousing Corporation may be given/taken by the Regional Manager or any other officer authorized and acting on his behalf. IV. CONSTITUTION OF CONTRACTORS: a) Contractors shall at the time of submission of tender declare whether they are sole proprietary concern or partnership firm or private limited company or public limited company incorporated in India or Hindu Undivided Family. The composition of the partnership, names of Directors of Companies and name of the Karta of Hindu Undivided Family shall also be indicated. The contractors shall also nominate a person in whose hands the management and control of the work relating to the contract during the tenure of the contract would lie. The person so nominated shall be deemed to have power of attorney from the contractors in respect of the contractors in respect of the contract and whose act shall be binding on the contractors. b) The contractors shall not, during the currency of the contract, make without the prior approval of the Corporation any change in the constitution of the firm. The contractors shall notify to Corporation the death/resignation of the partners/directors immediately on the occurrence of such an event. On receipt of such notice, the Corporation shall have the right to terminate the contract. V. SUBLETTING: The contractors shall not sublet, transfer or assign the contract or any part thereof without the previous written approval of the Corporation. In the event of the contractors contravening this condition, the corporation shall be entitled to place the contract elsewhere on the contractors account and at their risk & cost and the contractors shall be liable for any loss or damage which the Corporation may sustain in consequence on arising out of such replacing of the contract. VI. RELATIONSHIP WITH THIRD PARTIES: All transactions between the contractors and third parties shall be carried out as between two principals, without reference in any event to the Corporation. The contractors shall also undertake to make third parties fully aware of the position aforesaid.

13 Page No. 13 VII. LIABILITY FOR MANPOWER ENGAGED BY THE CONTRACTORS: a) All the manpower deployed by the contractors shall be engaged by them as their own employees/workmen in all respects implied or expressed. The contractor shall arrange to obtain Photo Identity Cards for them which are essential for entry in the duty assigned premises. b) The Contractor shall not employ any person below the age of 18 years. The contractor shall indemnify the Corporation from and against all claims and penalties which may be suffered by Corporation or any person employed by him by reason of any default on the part of contractor to observe and/or in the performance of provisions of employment of Children Act XXVI of 1938 or any re-enactment or modification of the same. c) The responsibility to comply with the provision of the various labour laws of the country such as Minimum Wages Act 1948, Payment of Wages Act of 1936, Workmen s Compensation Act 1923, Employees Provident Fund Act 1952, Maternity Benefit Act 1961, Contract Labour (Regulation and Abolition) Act 1970, Payment of Bonus Act 1965, Payment of Gratuity Act 1972, Equal Remuneration Act 1976 or any other Act, to the extent they are applicable to their establishment/workmen, will be solely that of the contractor. The Corporation in the capacity of Principal employer will also have every right to ensure that the wages shall be disbursed to the workmen/employees of the contractor in the presence of his representative. The Contractor shall cover all workers under EPF/ESI irrespective of their wages i.e. even if the wage of any worker exceeds the statutory limit, he/she will be covered under EPF/ESI to the extent of statutory limit. d) The Corporation shall be fully indemnified by the contractor against all the payments, claims and liabilities whatsoever, incidental or direct arising out of or for compliance with or enforcement of the provisions of the above said Acts or similar other enactment of the country as they are at present or as they would stand modified from time to time, to the extent they are applicable to the establishment/work in the Corporation. e) The Regional Manager, CWC, RO Bhopal shall have the right to recover/ deduct from any money due to the contractor, any sum required or estimated to be required for making good the loss suffered by a worker or workers by reason of non-fulfillment of the conditions of the contract for the benefit or believed to be for the benefit of the workers, non-payment of wages or deduction made from his or their wages, which are not authorized or justified by the terms of the contract or non-observance of the Rules, Regulations and or by way of fulfillment of any obligations on the part of the contractor for strict observance of the statutory provisions of the aforesaid laws. f) If the authorized person/caretaker or any officer acting on his behalf demands the removal of any of his employees, the contractor shall do so forthwith. The decision of such authorized person shall be final & binding on the contractor and the Corporation shall in no way be liable for any consequences for which the contractor will be fully responsible. g) In complying with the said enactments or any statutory modifications thereof the contractor shall also comply with or cause to be complied with

14 Page No. 14 the labour regulation/ enactments made by the State Government/Central Government from time to time with regard to payment of wages to the workers, wage period, deduction from wages, recovery of unpaid wages and un-authorized deductions, maintenance of wage book or wage slip, publication of the scale of wages and other terms of employment, inspection and submission of periodical returns and all other matters of like nature. h) Notwithstanding the fact, whether the said legislation/enactments or any statutory modification thereof, are applicable or not to the employees/ workers employed by the contractor who shall pay the following to them: a) In every case in which by virtue of the provisions of sub-section (1) of Section 12 of the workmen s Compensation Act, 1923, the Corporation is obliged to pay compensation to a workman employed by the contractor in execution of the contract, the Corporation will recover from the contractor the amount of the compensation so paid and without prejudice to the rights of the Corporation under subsection (2) of the Section 12 of the said Act. The Corporation shall be at liberty to recover such amount or any part thereof by deducting in form the security deposit or from any sum due by the Corporation to the contractor whether under this contract or otherwise. b) In every case in which by virtue of the provisions of the Contact Labour (Regulation and Abolition Act 1970 and the Contract Labour (Regulation and Abolition) Rules 1971, the Corporation is liable to pay any amount of wages to a workman employed by the contractor in execution of a contract, or to incur any expenditure in providing welfare and or health amenities required to be provided under the above said Act and Rules or under Rules framed by the Government from time to time for the protection of health and sanitary arrangements for workers employed by the Central Warehousing Corporation contractors, the Corporation will recover from the contractor the amount of wages so paid or the amount of expenditure so incurred without prejudice to the rights of the Corporation under sub-section(4) of Section 21 and sub-section (2) of Section 20 of the Contract Labour (Regulation and Abolition) Act. The corporation shall also be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due by the Corporation to the contractor, whether under this agreement or otherwise. i) The contract worker shall be required to work during such time of the day as prescribed by the concerned authorized person. The duration of work or day may be fixed by him/them for any length of time during the currency of the contract. The work shall be carried out in 8 hours throughout the year & in such working hour s pattern as the concerned authorized person may require at his sole discretion. j) The various categories of workmen of the contractor shall be subject to security regulation of the Corporation including search by officials of CWC at the time of their entry/departure from the place of duty. k) The Corporation shall not be bound to contest any claims made against it under Contract Labour (Regulation and Abolition) Act or

15 Page No. 15 Workmen s Compensation Act or any other similar Act, in respect of contract labour. l) The Contractor, wherever required, shall obtain a valid licence under the Contract Labour (R&A) Act 1970, and the contract Labour (R&A) Rules 1971 before the commencement of the work and shall continue to have a valid licence [issued by Asstt. Labour Commissioner (Central)] until the completion of the contract. m) The contractor shall submit monthly bill in the manner as stated in clause XIV up to 7th of every month along with the following information/ documents: i) The number of labourers employed by him (List by name) ii) The wages paid to the labourers/supervisor as per the Minimum Wage Act along with photocopy of challan showing deposit of EPF & ESI contribution along with contractor s contribution deposited during previous months. iii) The accidents that occurred during the said month showing the causes or circumstances under which they occurred and the extent of damage and injury suffered by them. VIII. PAYMENT OF WAGES TO WORKERS: The contractor shall pay the following wages to the workers engaged by him/them:- a) The minimum wage as fixed by Central or state Government whichever is higher from time to time during the currency of the contract to the workers engaged at/for CWC Regional Office Bhopal and Warehouses at Madhya Pradesh region. Minimum wages shall mean the rates(s) notified by Central/State Government from time to time. The contractor shall maintain necessary records and registers like wage book and wage slip etc. register of unpaid wages and register of fines and deductions giving the relevant particulars as required under various statutory provisions. IX. BRIBES, COMMISSION, CORRUPTION, GIFTS ETC Any bribe, commission,gift indulgence in corruption or advantage given promised offered by or on behalf of the contractors or any one or more of their partners/ directors agents or servants or anyone else on their behalf to any officer, employee, representative or agent of the Corporation or any persons on his or their behalf for showing or bearing, favour or dis-favour to any person in relation to the contract, shall subject the contractor to the cancellation of the contract or any other contract with the corporation and also to payment of any loss or damage resulting from such cancellation. X. PERIOD OF CONTRACT:

16 Page No. 16 The contract shall remain in force for a period of TWO years from the date of acceptance of such later date as may be decided by the Regional Manager, CWC, RO, Bhopal. The period of contract can be further extended on mutually agreed terms & conditions for another period of One year in two spell of Six Months each. The Regional Manager, CWC, RO, Bhopal reserves the right to:-. a) To terminate the contract at any time during its currency without assigning any reasons thereof by giving thirty days notice in writing to the contractors at their last known place of residence/business and the contractors shall not be entitled for any compensation by reason of such termination. b) The contract shall stand terminated during its extended period immediately from the day another contractor appointed by the Corporation takes up the work and the contractor will not be entitled for any claim whatsoever on this account, in any manner. The decision of the Regional Manager, CWC, RO, Bhopal under this clause shall be final, conclusive and binding on the contractors and shall not be called into question. XI. (I) Term for Micro & small Enterprises: Tender document cost will not be charged from Micro & Small enterprises (MSEs). (II) MSEs registered with the agencies for the item/s tendered will be exempted from payment of Earnest Money Deposit (EMD) (III) MSEs who are interested in availing themselves of these benefits and preferential treatment will enclose with their offer the proof of their being registered for goods produced and services rendered with any of the agencies mentioned in the notification of Ministry of MSEs indicated below along with the bid. (i) District Industries Centers (ii) Khadi and Village Industries Board. (iii) Khadi and Village Industries Commission. (iv) Coir Board. (v) National Small Industries Corporation. (vi) Directorate of Handicraft and Handloom. (vii) Any other body specified by Ministry of MSME. (IV) (V) (VI) The MSEs must also indicate the terminal validity date of their registration which should be valid as on last date of submission of tender. MSEs seeking exemption and benefits should enclose a attested/self-certified copy of valid registration certificate, giving details such as validity, stores/services etc. Failing which they run the risk of their bid being passed over as ineligible for the benefits applicable to MSEs. The benefit as stated above to MSE, shall be available only for goods/services produced & provided by MSEs for which they are registered. In case the MSE does not fulfill the criteria at Sr. No.III, IV and V above such offers will not be liable for consideration of benefits detailed in MSE notification of Government of India and any other notification issued thereafter. (VII) As per Public procurement policy on MSE, considering that this is a non-divisible

17 Page No. 17 tender, an MSE quoting in the price band of L1+15% will be awarded for full/complete work of tender, considering the spirit of policy for enhancing the government procurement from MSEs subject to bringing down of price to L1 rate after negotiation if any, by the MSE concerned. XII. SUMMARY TERMINATION: a) In the event of the contractor having been adjudged insolvent or going into liquidation or winding up their business or making arrangements with their creditors or failing to observe any of the provisions of this contract or any of the terms and conditions governing the contract, the Regional Manager shall be at liberty to terminate the contract, forthwith without prejudice to any other rights or remedies under the contract and to get the work done for the unexpired period of the contract at the risk and cost of the contractors and to claim from the contractors any resultant loss sustained or costs incurred. b) The Regional Manager shall also have without prejudice to other rights and remedies, the right in the event of breach by the contractors of any of the terms and conditions of the contract to terminate the contract forthwith and to get the work done for the unexpired period of the contract at the risk and cost of the contractors and forfeit the security depositor any part thereof for the sum or sums due to any damages, losses, charges, expenses or costs that may be suffered or incurred by the Corporation due to the contractors negligence or un-workman like performance of any of the service under the contract. c) The Contractors shall be responsible to supply adequate and sufficient manpower. If the contractors fail to supply the requisite number of manpower, the Regional Manager, CWC, RO, Bhopal shall at his entire discretion even without terminating the contract be at liberty to impose penalty of Rs.1000/- or such higher sum per day per person or engage other manpower at the risk and cost of the contractors, who shall be liable to make good to the Corporation all additional charges, expenses, costs or losses that the Corporation may incur or suffer thereby. The contractors shall not, however, be entitled to any gain resulting from entrustment of the work to another party. The decision of the Regional Manager, CWC in this behalf shall be final and binding on the contractors. In the event of security or sum due under this contract being insufficient to cover the claim amount or amounts, the Regional Manager CWC shall be entitled to withhold and has a lien to retain to the extent of such amount or amounts referred to above from any sum or sums found payable or which at any time thereafter may become payable to the contractor under the same contract or any other contract with the corporation pending finalization of adjudication of any such claims. XIII. LIABILITY OF CONTRACTORS FOR LOSSES ETC. SUFFERED BY CORPORATION: a) The Corporation shall be at liberty to reimburse themselves of any damages losses, charges costs or expenses suffered or incurred by them due to contractor s negligence and un-workmanlike performance of service under the contract or breach of any term thereof. The total sum claimed shall be deducted from any sum thus due or which at any time thereafter may become due to the contractors under this or any other contract with the Corporation. In the event of the sum which may be due from the corporation as aforesaid being insufficient the balance of the total sum claimed and recoverable from the contractors as aforesaid shall be deducted from the security deposit furnished by the contractors as specified in Para XIII. Should this sum also be not sufficient to cover the full amount claimed

18 Page No. 18 by the Corporation, the contractors shall pay to the Corporation on demand the remaining balance of the aforesaid sum claimed. b) In the event of default on the part of the contractors in providing manpower, and of their failure to perform any of the services mentioned in the agreement efficiently and to the entire satisfaction of the Regional Manager, CWC,RO Bhopal or any officer acting on his behalf, the Regional Manager, CWC, RO, Bhopal shall without prejudice to other rights and remedies under this agreement have the right to recover by way of compensation from the contractors a sum of Rupees One thousand or such higher sum per day per Manpower/Pr default besides any other consequential damage as the Regional Manager, CWC, RO, Bhopal in his absolute discretion may determine and the decision of the Regional Manager, CWC,RO, Bhopal on the question whether the contractors have committed such default or have failed to perform any of such services efficiently and are liable to pay compensation and as to the quantum of such compensation shall be final and binding on the contractors. c) In the event of failure of the contractor to undertake the work after award of contract or rescinding from the contract during its currency the Corporation shall have right to get the work done at his risk and cost and the contractor shall be liable to make good the loss, if any suffered by the Corporation on this account. The Corporation shall also have the right to deduct the amount of such loss from any sum (including Earnest Money and Security Deposit) then due or which at any time thereafter may become due to the contractor under this contract or any other contract with the Corporation and to claim the balance amount from the contractor. d) The Contractor shall indemnify the Corporation, against any loss. due to any negligence or default on their part and on the part of their employee and also by the carelessness, neglect, misconduct of their employees in their employment and any liability for payment of damage/claims by the Corporation to the authority on account thereof and shall pay all claim met, and also litigation expenses, if any incurred by the Corporation immediately on demand without any demur. The Corporation shall have the right to deduct the amount of such loss from any sum (including security deposit) then due or may become due to the contractor under his contract. The decision of the Regional Manager CWC, RO, Bhopal shall be final and binding on the contractor in this regard. e) All taxes/levies/fees/charges payable to any Govt. body local body unless expressly mentioned shall be paid by the contractor and no claim whatsoever shall be made against the Corporation on this account. XIV. SET OFF Any sum of money due and payable to the contractors (including security deposit, returnable to them) under this contractor may be appropriated by the corporation and set-off against any claim of the Corporation for the payment of any sum of money arising out of or under any other contract made by the contractors with the Corporation. XV. ACCOUNTS:

19 Page No. 19 All accounts, book papers and documents pertaining to the operation carried out in connection with the contract shall be open for inspection, audit and countersignature by the Regional Manager, CWC, RO Bhopal or any officer acting on his behalf, including the Accounts and Audit Officer. The contractor shall be responsible to produce the same at such time and place as may be directed by the Regional Manager CWC RO Bhopal. XVI. VOLUME OF WORK: a) Subject as hereinafter mentioned the Corporation does not guarantee any definite volume of workmen or any particular pattern of service at any time or through-out the period of contract at any place/location. b) No minimum volume of workman to be performed can be guaranteed during the currency of the contract. The volume of workman is likely to fluctuate (increase or decrease) and the tenderers should note that no claim for compensation arising directly or indirectly out of such fluctuations in the volume of workmen to be handled during the currency of the contract shall be entertained. XVII. REMUNERATION: a) The contractors shall be paid the remuneration in respect of the services described in clause XXIII and performed by them at the contracted rates. b) If the contractor is required to perform any service in addition to those specifically provided for in the contract and the annexed schedule, the contractor s remuneration for the same will be paid at the rates as negotiated and fixed by mutual agreement. Failing such an agreement the matter shall be referred to Arbitration under Clause XXII. c) The question whether a particular service is or not covered by any of the services specially described and provided for in the contract or is not auxiliary or incidental to any of such service shall be decided by the Regional Manager CWC RO Bhopal whose decision shall be final and binding on the contractors. XVIII. PAYMENT: a) Payment will be made by Regional Manager, CWC, RO, Bhopal on submission of pre-receipted bills in triplicate issued by the authorized person of agency duly supported by attendance certificate issued by the Regional Manager/Warehouse Manager or an officer acting on his behalf along with other documents as the case may be. b) The contractors should submit all their bills not later than two months from the date of expiry of the contract so that refund of security deposit may be speeded up in order to facilitate disposal of bills. The contractors are advised to submit their bills/monthly. c) Income tax or any other tax as applicable from time to time as per the Income Tax Act or any Act in force will be deducted from the bills. In case the contractor is exempted from deduction of such Taxes, then he is required to produce a certificate from the Income Tax Authority or any other such authority indicating clearly that no tax at source be deducted from the contractor against the said contract. Such a certificate shall have to be obtained at the commencement of each Financial Year.

20 Page No. 20 d) Under GST Regime, the Service Provider is to correctly and timely disclose the details of output supplies to CWC as per GST rules in his GST returns. Noncompliance would result in mis-matching of claims and denial of input tax credit to CWC. Notwithstanding, anything contained in agreement/ contract, in case of such default by the supplier the amount of Input Tax Credit denied to CWC in GST along with interest and penalty shall be recovered from Service Provider. Payment shall be made on monthly basis on submission of bill/invoice. The contractor will submit bill/invoice as per rules of GST Law along with service report duly signed by the user division s official. e) GST or any other tax in lieu thereof levied by the Central Govt. from time to time on the services rendered by the contractor to CWC shall be paid by CWC to the contractor over and above the rates quoted by the Bidder subject to the contractor submitting his bills/invoice thereof, in the format prescribed as per law. f) Police verification of the workers be submitted within a period of one month on entering into the contract or for a further period of up to a maximum of three month on the request made by the contractor. In the case of change of any worker, payment of wages for new worker will be released only after submission of police verification. g) The contractor is liable to disburse the Minimum wages to the person engaged for CWC on the following month by 5 th but not later than 7 th failing which Rs.100/- per worker per day will be deducted from the bill(s). If the wages to the worker not paid by 10 th of the following month, the contract is liable to be terminated and Security Deposit will be forfeited. h) Contractor should be financially sound enough and must be in a position to afford two months of wages to its workers engaged by him. NOTES: i) The Corporation shall not be liable for payment of any interest on any bill outstanding for payment or amount withheld for any reason whatsoever. ii) Rates quoted by the tenderer and accepted by the Corporation and incorporated in the contract agreement shall remain applicable during the period of the contract i.e. Two Years including the extended period subject to revision of minimum wages rates by State or Central Govt. from time to time. IXX. FORCE MAJEURE CLAUSE The Corporation shall not be responsible for delays which may arise on account of reasons beyond their control of which the decision of Regional Manager, CWC, RO Bhopal shall be final & binding. Strikes by contractor s workmen on account of any dispute between the contractor s and their workmen as to wages or otherwise will not be deemed to be reason beyond the contractor s control and would be out of the scope of Force Majeure Clause and the contractors shall be responsible for any loss or damage which the Corporation may suffer on this account.

21 Page No. 21 XX. LAW GOVERNING THE CONTRACT: The Contract will be governed by the laws of the land for the time being in force. XXI. ARBITRATION: All disputes and differences arising out of or in any way touching upon or concerning the contract whatsoever shall be referred to the sole arbitration on any person appointed by the Managing Director of the Corporation. The award of such arbitrator shall be final and binding on the parties to the contract. Subject as aforesaid the Arbitration and Conciliation Act, 1996 and the rules made there under as amended from time to time shall apply to the arbitration proceedings under this clause. EXPLANATION: For the purpose of this clause, the expression Managing Director shall include any officer for the time being performing the duties of the Managing Director of the Central Warehousing Corporation, New Delhi. XXII. SERVICES TO BE PERFORMED BY THE CONTRACTORS: 1. SUPPLY OF MANPOWER: The contractor shall provide such number of male or female unskilled/skilled manpower whenever asked to do so by the Regional Manager or any officer acting on his behalf at Regional Office and Warehouses at Madhya Pradesh Region Bhopal 2. PAYMENT OF WAGES: The payment of wages shall not be less than as mentioned on page 12 under Payment of wages in the tender. The contractor shall comply the ESI, EPF, Bonus and other such statutory rules/law; as applicable, during currency of the contract. XXIII. DUTIES AND RESPONSIBILITIES OF THE CONTRACTORS: 1. The contractor shall engage competent and adequate manpower of the required category i.e. unskilled/skilled/clerical level to the satisfaction. The contractors shall be responsible for the good conduct of their employees and shall compensate the Corporation for losses arising from neglect, carelessness, want of skill or misconduct of themselves, their servants or agents or representative. The Regional Manager CWC RO Bhopal or shall have the right to ask for the dismissal of any employee of the contractors, who in his opinion, is hampering the smooth execution of work and his decision regarding losses caused by neglect and misconduct etc. of the contractors, their servants or agents to representatives shall be final and binding on the contractors. 2. The contractor shall furnish to the Regional Manager the name and telephone/ cellular Number of one or more representatives authorized by them to act on his behalf in day-to-day working of the contract. It shall be the duty of those representatives of the contractor to call at the office or an officer acting on his behalf every day and generally to remain in touch with them to obtain information about the programme.