Bid Document For empanelment of placement agency for hiring of skilled contractual manpower for existing and future requirement at STPI Offices in Delhi/NCR and its Centres Tender No. STPIN/PUR/QUO/11-12/09 Dated 10/03/2012 MODE OF TENDERING: TWO-BID SYSTEM Tender to be submitted in Sealed Two Bid System in Separate Covers as per the following: Cover-I..Professional Bid & Earnest Money Deposit Cover II..Financial Bid The tender has to be submitted in one sealed envelope and write on the top of envelop EMPANELMENT OF PLACEMENT AGENCY FOR HIRING OF SKILLED CONTRACTUAL MANPOWER AT STPI Offices in Delhi/NCR and its Centres and addressed to The Director, Software Technology Parks of India, Ganga Software Technology Complex, Sector 29, Noida -201303 (UP). This envelope will contain two separate sealed envelops one for professional bid and one for financial bid and write on the top of the envelop Professional Bid on the top of second envelop Financial Bid. 1. EARNEST MONEY DEPOSIT Rs. 50000/- (Fifty Thousand) in favor of STPI, payable at NOIDA through a Demand Draft 2. DATE & TIME FOR PREBID MEETING 20/03/2012 11:00 Hrs 3. LAST DATE & TIME FOR SUBMISSION OF BID 30/03/2012 14:00 Hrs 4. DATE & TIME FOR OPENING OF PROFESSIONAL BID 30/03/2012 14:30 Hrs 5. VALIDITY OF BID 120 DAYS AS SPECIFIED IN BID DOCUMENT FROM DATE OF BID OPENING Bid Document Cost Rs.500 (Rupees Five Hundred only) payable along with duly filled tender document through DD in favor of STPI Noida The conditional bids shall not be considered and will be out rightly rejected in very first instance. All entries in the tender form should be legible and filled clearly. If the space for furnishing information is insufficient, a separate sheet duly signed by the authorized signatory may be attached. No overwriting or cutting is permitted in the Financial Bid Form. In such cases, the tender shall be summarily rejected. However, the cuttings, if any, in the Technical Bid application must be signed by the person authorized to sign the tender bids. 1
TABLE OF CONTENTS Section Title Page No. 1 Notice Inviting Tenders 3 2 Instructions to Bidders 6 3 Terms & Conditions of the Contract 12 4 Form for Professional Bid Form 14 5 Financial Bid Format 18 6 Agreement 19 2
SECTION-1 Notice Inviting Tender for empanelment of manpower supply agencies 1.1 Introduction Software Technology Parks of India (STPI) is a society set up by the Ministry of Information Technology, Government of India in 1991, with the objective of encouraging, promoting and boosting the Software Exports from India. STPI maintains internal engineering resources to provide consulting, training and implementation services. Services cover Network Design, System Integration, Installation, Operations and maintenance of application networks and facilities in varied areas. Process development is based on the Quality Management System. STPI centres also adhere to ISO 9001 certification. 1.2 Requirement Sealed quotations are invited from eligible manpower placement agencies/firms for the empanelment in STPI for hiring of manpower and providing professional manpower at STPI Offices in Delhi/NCR and its other centers located at Lucknow, Kanpur, Allahabad, Dehradun, Srinagar, Mohali, Indore, Jaipur, Jammu, Bhilai, Shimla etc. The cost of tender document is Rs.500/- (if downloaded from website http://www.noida.stpi.in, a DD of Rs. 500/- will be submitted along with Technical Bid document failure of which same will be treated as cancelled) which will be made in favour of STPI - Noida. The documents downloaded by the parties from the website shall be valid for participation in the tender process. The tender document can also be purchased from STPI-Noida directly. Last date of sale of tender documents is 30/03/2011 up to 11:00 hrs. 1.3 Eligibility Criteria 1.3.1 The bidder should have minimum 5 years existence in Manpower Supply Services as on 31.03.2012. (Submit copy of Certificate of Incorporation/ relevant documents.). 1.3.2 Annual Financial Turnover (for each year) of the Bidder from Manpower Supply during last 3 Consecutive years 2008-09, 2009-2010 & 2010-2011 should be at least Rs. 100 lacs. (Should submit copy of Audited Balance Sheet / PL Account/Certificate from the CA for last 3 years) 3
1.3.3 The bidder should have executed similar work, viz. Supply of Manpower to at least 3 PSU s/government Organizations during last 3 years ending 31 st March 2012. (Submit copy of Contract/Agreement/Certificate from the Client along with complete contact details of concerned person) 1.3.4 The Bidder should have valid Service Tax Registration Number, ESI Registration No. and PF Registration No., etc. (Submit copy of above said Registration) 1.3.5 The Bidder should have the experience of handling similar work/job costing not less than Rs. 25 Lacs each year during the last 3 years ending 31 st March 2012. Similar work means Supply of Manpower at various Professional levels in both technical & non-technical areas, like Telecom, IT, CIVIL, Finance, legal, Administration, etc. (Submit copy of Certificate from the Client mentioning the value, nature of work and period during which work was done). 1.3.6. Bidder should not be blacklisted by any Central/State Govt. /Autonomous body/psu etc. (Submit undertaking) Note: The bidder shall be required to produce supporting documents in respect of eligibility criteria. Earnest money amounting to Rs.50,000/- (Rupees Fifty Thousand only) in the form of Demand Draft drawn in favour of STPI from a scheduled bank and payable at Noida shall be submitted along with the tender. Two-stage bid system shall be adopted, i.e., Technical Bid and Financial Bid. Tender documents fee (when documents are downloaded from website) and EMD shall be part of Technical Bid. The tenders shall be submitted in the Office of The Director, Software Technology Parks of India, Block-IV, Ganga Software Technology Complex, Sector-29, Noida-201303 (U.P.) on or before 14:00 hrs, on 30/03/2012. In the first stage, the Technical Bid shall be opened at 14:30 hrs, on 30/03/2012 in the presence of Bidders or their authorized representatives present at the time of Bid opening. The Financial Bid of only those parties who qualify in the first stage shall be opened at time and date to be notified separately. STPI may engage more than one agency and reserve the right to give counter offer to the agencies for acceptance. 4
STPI reserves the right to accept or reject any or all the tenders without assigning any reason. The sealed envelope should be super scribed Tender for Empanelment of Placement Agency for Hiring of skilled contractual manpower at STPI Offices in Delhi/NCR and its Centers and also Do not open before 14:00 hrs on 30/03/2012. The last date of receipt of tender is 30/03/2012 before 14:00 hrs The Director Software Technology Parks of India Department of Information Technology, Ministry of Communication & IT, Govt. of India, Ganga Software Technology Complex, Sector-29, Noida-201303 (U. P.) 5
2.1 INTRODUCTION (Definitions) SECTION - 2 INSTRUCTIONS TO BIDDERS 2.1.1 Bidder means the individual or firm or corporate body or consortium or association of persons who participates in the tender and submits its bid. 2.1.2 Letter of Intent (LOI) means the communication of the intention of the STPI to the Bidder to place the order for supply of manpower. 2.1.3 Work Order (WO) means the order placed by the STPI on the Supplier duly signed by the STPI s authorized representative to obtain manpower supply services from the Agency 2.1.4 Contract Price means considerations payable to the supplier as stipulated in the Work Order for performance of specified contractual obligations. 2.2 BIDDER TO BEAR COST OF PURCHASE OF TENDER The Bidder shall bear all costs associated with the preparation and submission of the bid. The STPI in any case will not be responsible or liable for these costs regardless or the conduct of the bidding process. 2.3 BID DOCUMENTS Bid Documents includes: - Section 1. Notice Inviting Tenders Section 2. Instructions to Bidders Section 3. Terms & Conditions of the Contract Section 4 Formats & Annexure Section 5. Price Bid Schedule Section 6. Agreement 2.4 AMENDMENT TO BID DOCUMENTS At any time, prior to the date of submission of bids, STPI may for any reason, whether at its own initiative or in response to a clarification requested by a prospective bidder, modify the bid documents by amendments. The amendments, if any, will be notified on our website and prospective bidders may download these amendments which will be binding on them. 2.5 EXTENSION OF TIME In order to give prospective bidders required time in which to take the amendments into action in preparing their bid, the STPI may at its discretion extend the deadline for submission of bid suitably. 6
2.6 BID PRICE Unit prices/rates shall be quoted as given in Financial Bid format of bid document in Section-5. 2.7 BIDDERS ELIGIBILITY AND QUALIFICATIONS Bidder shall furnish as a part of bid documents establishing the bidder s eligibility to supply manpower. The bidder shall also submit documentary evidence in the form of literature data on the manpower supplied. 2.8 BID SECURITY 2.8.1 The Bidder shall submit Earnest money amounting to Rs. 50,000/- (Rupees Fifty Thousand only) in the form of Demand Draft or Pay Order drawn in favour of STPI from a scheduled bank payable at Noida along with the tender. 2.8.2 The bid not secured in accordance with the above shall be rejected as non-responsive. 2.8.3 The bid security of the unsuccessful bidder will be discharged/ returned as promptly as possible as but not later than 30 days after expiry of the bid validity period prescribed. 2.8.4 EMD amount of successful bidder will be discharged/returned after acceptance of Letter of Intent and submission of Performance Bank Guarantee. 2.8.5 The bid security may be forfeited if a bidder withdraws his bid during the validity period. 2.8.6 No interest is payable on EMD. 2.8.7 In case of inadequacy or non-submission of prescribed EMD, the tender shall be deemed to be disqualified and shall be summarily rejected in the technical evaluation. 2.8.8 Any Bidder who would quote the unrealistic service charges with an intention to jeopardize the tender process, their proposal will be rejected out rightly and their EMD will be forfeited. 2.9 VALIDITY PERIOD OF BID Bid shall remain valid for 120 days after the date of bid opening. The bid valid for a shorter period shall be rejected as non-responsive. 7
2.10 DEADLINE FOR SUBMISSION OF BID Bid must be received at the address specified and not later than the date and time specified in the NIT. 2.11 LATE BID Any bid received late after the deadline for submission of the bid shall be rejected and returned un-opened to the bidder. 2.12 MODIFICATION AND WITHDRAWAL OF BIDS No bidder may modify or be allowed to withdraw bid subsequent to the deadline for submission of bids. 2.13 OPENING OF TECHNICAL BID (PART-1) STPI shall open the TECHNICAL BID (Part-1) in the presence of authorized bidder s representatives who choose to attend at date and time specified in the NIT. The bidder s representatives who are present shall sign the Attendance Register. A maximum of two representatives for any bidder shall be permitted and authorized to attend the bid opening. The date fixed for opening of bids, if subsequently declared as holiday by STPI, the revised date of schedule will be notified. However, in absence of such notification, the bids will be opened on next working day, time and venue remaining unaltered. 2.14 CLARIFICATION OF BIDS To assist evaluation and comparison of the bids, the STPI may at its discretion ask the bidder for clarification of the bid. The clarification and response from bidder shall be in writing. The STPI does not bind itself to accept the lowest or any tender and reserves to itself the right to accept the whole or any part of the tender and altering the quantities offered and bidder shall supply the same at the rate quoted. 2.15 EVALUATION OF TENDERS The STPI shall evaluate the bids in respect to the substantive responsiveness of the bid or otherwise. The STPI shall carry out detailed evaluation of the substantially responsive bids. The STPI shall check the bid to determine whether they are complete, whether any computational errors have been made or required sureties have been furnished. In case of discrepancy between words and figures, the amount in words shall prevail. 8
A bid determined as substantially non-responsive shall be rejected by the STPI. The STPI may waive any minor infirmity or non-conformity or irregularity in the bid which does not constitute a deviation. The STPI shall evaluate in detail and compare the bids which are substantially responsive. The evaluation of the ranking shall be carried out on the service charges of manpower supplied exclusive of all taxes. STPI shall have the sole discretion in deciding the number of parties on whom the orders shall be finally placed. 2.16 STPI s RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS STPI does not bind itself to accept lowest or any other tender/bid and has the right to cancel the bidding process and reject all bids at any time prior to award of the contract without assigning any reasons whatsoever and without thereby incurring any liability to the affected bidder on the grounds for STPI s action. 2.17 NOTIFICATION OF SUCCESSFUL BIDDER Prior to the expiration of the bid period, STPI will notify the successful bidder in writing by registered letter or fax, to be confirmed in writing by registered letter that its bid has been accepted. 2.18 ISSUE OF LETTER OF INTENT The issue of Letter of Intent shall constitute the intention of the STPI to place the order for manpower supply with the successful bidder. The bidder shall within 10 days of issue of Letter of Intent give its acceptance along with Performance Bank Guarantee in conformity with the bid documents (Refer clause 3.6). 2.19 POST BID CLARIFICATIONS No post bid clarification at the initiative of the bidders shall be entertained and any effort by the bidders to influence the STPI in the STPI s bid evaluation, bid comparison or award of the contract shall result in rejection of the bid. 2.20 SUPPLY Supply of manpower shall be made by the agency in accordance with the terms specified by the STPI in the General conditions of the contract. 9
2.21 SUBMISSION OF BID Sealed offer shall be submitted in two separate envelops. Envelope 1 superscribed as PART-1 (Technical Bid) shall following, with clear identification for each part of the document: contain the Documentary evidence in respect of the eligibility criteria mentioned in the N.I.T. EMD in form of Demand Draft for Rs. 50000 (Rupees Fifty Thousand only) in favour of STPI payable at Noida. Demand Draft for Rs. 500 in favour of STPI. payable at Noida if the bid document is downloaded from the website Company Profile, Past Experience clearly evidencing the compliance w.r.t STPI s requirement as given in NIT. A statement showing Clause-by-Clause compliance to all the Terms & Conditions of the Bid Document Envelope 2 superscribed as PART-II (Price Offer) shall contain the Price Bid. Price should be quoted inclusive of all taxes as applicable. A single sealed envelope containing both the envelopes (i.e. Envelope 1 & Envelope 2 sealed separately (stapled bid is not permitted)) shall be addressed to STPI at the following address: The Director Software Technology Parks of India Department of Information Technology, Ministry of Communication & IT, Govt. of India, Ganga Software Technology Complex, Sector-29, Noida-201303 (UP) The envelopes should be superscribed.empanelment for Supply of Manpower at various levels and also Do not open before due date (30/03/2012). The bids may be sent by the bidders by Courier/Speed-post, with the envelope marked as above. Alternatively, bids may also be deposited by the bidders in the Tender Box kept at STPI, Ganga Software Technology Complex, Sector-29, Noida-201303 (UP). The Tender Box shall be sealed at the stipulated deadline for submission. The Tender Box shall be opened at the stipulated time of opening in the presence of intending bidders. 10
i. The inner and outer envelopes shall indicate the name and address of the bidders to identify the bid and to enable the bid to be returned unopened in case it is declared late or rejected. ii. VENUE OF TENDER OPENING: Tender shall be opened at Conference Hall, STPI, Ganga Software Technology Complex, Sector-29, Noida-201303 (U. P.) at the time on the due date mentioned in the N.I.T. If due to administrative reason, the venue of Bid opening is changed it will be duly displayed at the Reception of STPI-Noida. iii. Offer received through Fax/E-mail or through open letter shall be ignored. 2.22 OPENING OF PRICE OFFER Financial bid of only those bidders will be opened whose Technical Bids are found to be qualified and acceptable to STPI. Bidder s authorized representative may attend the financial bid opening. The qualified parties shall be notified with the date, time & venue of the opening of the financial bid. 2.23 AWARD CRITERIA STPI will award the Contract to the successful Bidder whose bid would be determined to be substantially responsive, professionally complied and determined as the best evaluated bid in terms of lowest rates. 2.24 TERMINATION BY DEFAULT The STPI Noida may, without prejudice to any other remedy for breach of contract, by written notice of default sent to bidder, terminate the Contract in whole or part: (a) If the Bidder fails to provide services /rectify the fault within the time period specified in the contract or any extension thereof granted by the STPI Noida. (b) If the Bidder fails to perform any other obligations under the Contract. 2.25 ARBITRATION All disputes or difference whatsoever arising between the parties out of or relating to the construction, meaning and operation or effect of the work order or the breach thereof shall be settled by reference to arbitration as per Indian Arbitration Act. 11
3.1 SCOPE OF WORK SECTION-3 TERMS & CONDITIONS OF THE CONTRACT The successful bidder shall introduce and provide the shortlisted candidates to STPI who at least match the skill set requested, and assist in finalization, negotiation, lineups for interview and follow up with the final candidate to enable STPI select the right Personnel(s) on or before the time frame indicated. STPI shall provide the necessary details to the successful bidder/bidders to enable him/them to provide the Personnel as desired by STPI. Further, the successful bidder(s) shall enroll the manpower to be deployed at STPI offices in Delhi/NCR and its centres as well as meet its future requirement of manpower at STPI offices in Delhi/NCR and its centres from time to time. The list of manpower required to be deployed is mentioned below as Point No. 3.2.1. The salary and perks of the enrolled candidates would be decided by STPI-Noida based on the recommendation of selection committee and quoted service charges will be paid to the successful bidders accordingly. The Personnel shall be provided on an ongoing basis by the successful bidder as agreed upon from time to time and shall provide personnel in accordance with the specific requests of STPI from time to time in this regard. In the event the Personnel recommended by the successful bidder/bidders is/are for any reason not acceptable to STPI, and/or are guilty of any act/omission/negligence and/or the Personnel terminates his/her employment with the Company/ leaves on resignation/ without notice within 1 year of Joining, for any reason whatsoever the successful bidder/bidders shall forthwith within 10 days of being notified by STPI in this regard, appoint a suitable replacement acceptable to STPI at no extra cost to STPI. 3.2 Details of the Manpower required. 3.2.1 The details of current requirement of manpower to be deployed at STPI offices in Delhi/NCR and its centres are given below: Sr. No. Location Number of Personnel Basic Credentials required 01 Noida 3 Technical/Non Technical 02 Dehradun 3 Technical/Non Technical 03 Mohali 3 Technical/Non Technical 04 Indore 2 Non Technical 05 Gwalior 1 Technical 05 Srinagar 2 Technical/Non Technical 06 Jammu 1 Non Technical 07 Jaipur 1 Technical 08 Bhilai 1 Technical 09 Allahabad 1 Technical 12
3.2.2 The scope of services for manpower to be engaged in STPI offices in Delhi/NCR and its centres may be of Riggers, Electricians, Project Associates, Account Assistants, Facility Executives, Office Assistant and Technical Assistants. The personnel should have minimum experience ranging from 0 4 years or 4 6 years and 6 9 years depending upon the job requirement. 3.3.3 Number of Personnel can be increased or decreased based on the requirement of STPI-Noida. 3.3 PRICE BASIS Service charges shall be quoted in percentage (%age) for manpower services (i.e. technical & non-technical). Service charges should be quoted exclusive of Service Tax. Service Charges %age should be quoted both in figures and in words. All other taxes shall be paid extra as applicable. 3.4 PAYMENT TERMS Payment will be released at the end of each month against invoice produced as per the W.O. subjected to satisfactory performance report by concerned officer and submission of attendance, evidence of deposit of EPF, ESI etc. 3.5 VALIDITY OF CONTRACT Initially the contract shall be valid for one year and may be extended for a further period of 2 years, one year at a time with similar terms and conditions subject to review of performance of the Agency at the end of each year of completion of contract. 3.6 PERFORMANCE BANK GUARANTEE (PBG) The successful bidder is required to submit the Performance Bank Guarantee for Rs. 1.5 lacs issued by an Indian Scheduled Bank from its branch in Delhi valid for 15 months from the date of Purchase/work order. In case of extension of contract the extended PBG will also be required. 3.7 EXECUTION OF AGREEMENT The successful bidder shall have to execute the agreement as per section-6. 13
SECTION-4 Annexure-I PROFESSIONAL BID FORM Please supply the following information along with documentary evidence wherever applicable in this form (Each page should be signed with date and stamp of the agency). However, if the space provided for any entry is insufficient, give information in additional sheets as appendices, and give the number of appendices at the appropriate place. All appendices must be signed with date and stamp of agency. 1. (a) Name of the Agency : (b) Postal Address : (i) Telephone No. the agency : (ii) Fax No. of the Agency : (iii) Email of the Agency : 2. (a) Details of authorized person* (s) : (i) Name : (ii) Designation : (iii) Telephone No. : (iv) Fax No. : (v) Mobile No. : (b) Address : *Authorized to sign on behalf of bidding agency (hereinafter referred to as bidder): (c) Specimen Signature of the Bidder : 3. (a) Registered office of the Agency : (b) Branch/Site office (State wise) (c) Date of its Establishment : (d) Total experience (in years) in providing : Unskilled/skilled Manpower Services. 14
4. BIDDERS ELIGEBILITY CTITERIA S.N Description 4.1 Whether the bidder have minimum 5 years existence in Manpower Supply Services as on 31.03.2012. (Submit copy of Certificate of Incorporation/. Partnership deed/ proprietorship docs). 4.2 Annual Financial Turnover (for each year) of the Bidder from Manpower Supply during last 3 Consecutive years 2008-09, 2009-2010 & 2010-2011 should be at least Rs. 100 Lacs. (Submit copy of Audited Balance Sheet and PL Account/Certificate from the CA for last 3 years). 4.3 Whether the bidder have executed similar work, viz. Supply of Manpower to at least 3 PSU s/government Organizations during last 3 years ending 31 st March 2012. (Submit copy of Contract/ Agreement/ Certificate from the Client along with complete contact details of concerned person) 4.4 Whether the Bidder have valid Service Tax Registration No., ESI Registration No. and PF Registration No., etc. (Submit copy of above said Registration). 4.5 Whether the Bidder have the experience of handling similar work/job costing not less than Rs. 25 Lacs each year during the last 3 years ending 31 st March 2012. Similar work means Supply of Manpower at various Professional levels in both technical & non-technical areas, like Telecom, IT, CIVIL, Finance, legal, Administration, etc. (Submit copy of Certificate from the Client mentioning the value, nature of work and period during which work was done). 4.6 Whether the Bidder have been blacklisted by any Central/State Govt./Autonomous body/psu etc in prescribed format as per annexure- II. Compliance (Yes/No) Attached at Pg No. (Attach relevant documents as specified below. In absence of said documents, bidder is liable to be rejected summarily.) 15
5. (a) Profile of the Agency : (Attach brochure etc. of the company) 6. Any other information in support of your professional capability with documentary evidence. I..(designation) of (Name of the Agency).hereby declare to accept the Terms & Conditions of the Tender Document for Empanelment as placement agency for hiring of skilled contractual manpower for existing and future requirement at STPI offices in Delhi/NCR and its centres Signature of the Bidder----------------------------- OFFICIAL SEAL Name of the Bidder-------------------------------- Designation of the Bidder--------------------------- Address-------------------------------------------------- Date: Place: -------------------------------------------------- 16
Annexure-II DECLARATION We declare and confirm that (i) we have not been blacklisted or deregistered by any central/ state government department or public sector undertaking and none of our works had ever been terminated by client after award of contract, during last three years; and (ii) no agent, middleman or any intermediary has been, or will be engaged to provide any services, or any other item of work related to the award and performance of this Contract. We acknowledge the right of the Employer, if he finds to the contrary, to declare our Tender to be non-compliant and if the Contract has been awarded to declare the Contract null and void. Signature & Seal of the Bidder 17
SECTION-5 FINANCIAL BID FORMAT S. No Type of Manpower to be deployed Service Charges to be quoted in (%age) percentage 1. Technical and Non Technical (In figures) (In words) Service charges quoted must be exclusive of taxes (Refer clause 3.3). Service charges quoted inclusive of taxes shall be out rightly rejected. 18
SECTION 6 AGREEMENT This AGREEMENT made on this day between the SOFTWARE TECHNOLOGY PARKS OF INDIA, Ganga Software Technology complex, Sector 29, Noida (UP) (hereinafter referred to as STPI-Noida as the part one). And (hereinafter referred to as Agency as the part two.) WHEREAS STPI-NOIDA is desirous of signing an Agreement for procuring different type of manpower for its office AND WHEREAS the Agency has offered to provide the above service on the terms and conditions hereunder stated. NOW THEREFORE, BY THESE ARTICLES AND ON THE PREMISES mentioned above, the parties have agreed to as follows:- Obligation on the part of Agency 1. That the Agency shall provide different type of manpower services to STPI-Noida at the consolidated monthly remuneration as per the requirement of STPI-Noida. The amount of wages etc. to pay from time to time shall be decided by the STPI- Noida. The number of manpower may be increased/ decreased from time to time based on STPI-Noida s requirement. 2. That the agency shall deploy suitable, qualified and experienced manpower to STPI-Noida. 3. That the agency shall disburse wages (together with the payment for Overtime to the eligible employees on prorate basis based upon the wages) to the manpower deployed in STPI-Noida by 03 rd day of each calendar month for preceding month. Any delay in payment of disbursement of wages or non-payment of wages to any person would be sole responsibility and accountability of the agency and there would be no claim in such event against STPI-Noida. 4. The agency will submit the bill to the STPI-Noida by 5 th day of each month along with the proof of payment of wages and submission of the payments toward EPF, ESI and other statutory payments (if any) etc. in respect of the deployed manpower. A statement containing the details of amount deposited with ESI and EPF shall also be submitted along with the bill in r/o the deployed manpower. 5. The agency will charge Service Charges on consolidated remuneration of manpower provided to STPI-Noida. 6. STPI-Noida would settle the bill(s) of the agency by 10 th day of each month provided that the agency submits the bills to STPI-Noida timely along with other 19
requisite documents. However, no interest shall be payable in case of any delay in payment by STPI-Noida. 7. That the Agency shall ensure the satisfactorily police verification of character and antecedents of the manpower so deployed in STPI-Noida and they should be medically fit. 8. The manpower so deployed shall remain under the control and supervision of the Agency and the Agency shall be liable for payment of their wages etc. and all other dues payable under various labour regulations and other statutory provisions in force. The revision of minimum basic wages of employed manpower would be done by the agency as per existing rules of government applicable thereto. 9. That in case any of the person so deployed by the Agency does not come up to the mark in terms of general discipline or does not perform her/his duties properly or indulges in any unlawful activity including riots or disorderly conduct, the Agency, on the order of STPI-Noida, shall immediately withdraw such person(s) from the premises of STPI-Noida. 10.That the manpower supplied by the Agency shall be rotated in such a manner as per the instruction of STPI-Noida. 11. The Agency will held be responsible to compensate towards the loss to STPI- Noida arising out due to negligence of any of the deployed manpower. The agency may recover the amount of compensation from the concerned manpower. 12.Agency shall submit the copies of ESIC & EPF registration documents in r/o all the employees deployed by the agency in STPI-Noida within one month. The Agency shall also be liable to provide any document / information as desired by STPI-Noida at any time. 13.In the event of reliving of any deployed manpower from STPI-Noida due to any reason, the agency will ensure that his/her dues towards salary, EPF, ESIC etc. shall be settled immediately but not later than 30 days from the date of relieving. Obligation on the part of STPI-Noida 1. STPI-Noida shall provide the manpower requirement and their wages etc. to the agency in written. The present requirement of STPI-Noida is enclosed as per Annexure-I. The existing manpower working against present requirement of STPI-Noida is also mentioned in the annexure. 2. That the deduction of Income Tax/TDS from the bills of the agency will be made by STPI-Noida at source under Section 197(C) of the Income Tax Act. STPI- Noida will pay the Service Tax to the Agency on total monthly bill amount under 20
Section 65(68) of the Finance act or under the existing rules, as applicable. Agency has to provide the copy of Service Tax number to the STPI-Noida in support of claim of service tax. 3. The Attendance sheet of the hired manpower will be forwarded to the agency by STPI-Noida on 1 st working day of each month after verifying by the concerned officer of STPI-Noida. Other terms and conditions 01.That working hours for the manpower to be provided by the agency to STPI- Noida shall be from 900 hrs. to 1730 hrs Or as decided by STPI-Noida. 02.The persons deployed by the agency shall have no right to claim for employment or payment of wages or any other claim whatsoever against STPI-Noida. 03.The persons deployed by the agency in STPI-Noida will have no right to claim any compensation on account of any loss/damages arising out during or after working in STPI-Noida whatsoever and agency would be responsible and answerable for such claims. 04. That the Agreement will come into force w.e.f. and shall remain in force initially for period of one year. The period of agreement may, however, be extended with the mutual consent on the same terms & conditions. 05. In the event of breach of any terms and conditions of the agreement by the agency or if the services of the agency shall not be found satisfactory, STPI- Noida reserve the right to terminate the agreement without any notice to the agency. In such case or in the event of breach of any term & condition of the agreement,.stpi-noida reserve the right to encash the bank guarantee submitted by the agency. However agency has to option to exit from the agreement by giving three months notice in writing to STPI-Noida. 06. Any dispute or difference between the parties hereto arising out of, form or relating to anything contained in this agreement including any dispute or differences arising out of termination or implementation of the obligations arising there from, shall be referred to the arbitration of sole Arbitrator appointed by the Director General, STPI. The award made by the Arbitrator shall be binding on both the parties hereto. Such arbitration shall be governed by the Arbitration and Conciliation Act, 1996 or any status modification or enactment thereto for the time being in force. 21
07. That the venue/jurisdiction of the Arbitration shall be Noida. In WITNESS WHEREOF THE parties hereto signed these presents on the date, month and year written above. (Signature of authorized representative of the Agency) (Signature of the Officer authorized by STPI)For SOFTWARE TECHNOLOGY PARKS OF INDIA, Ganga Software Technology Complex, Sector-29, Noida-201303(UP) Witness 01. Witness 02. 22