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Haryana Skill Development Mission
IP-2, Sector-3, Panchkula __________________________________________________________________________________
E- Tender Document
For Providing
Manpower Services
on Outsource Basis
Issued By
HARYANA SKILL DEVELOPMENT MISSION
Haryana Skill Development Mission
IP-2, Sector-3, Panchkula __________________________________________________________________________________
SHORT TERM NOTICE INVITING E-TENDER
Note:- Due to e-tender portal process, the EMD, e-tender cost and the processing fees
is not visible on the e-tender portal, but they are a mandatory part and the
amounts of EMD, e-tender cost and processing fess needs to be submitted physically in form of individual Demand Drafts as per the details mentioned below:
EMD amount of Rs. 3 lacs to be submitted in form of Demand Draft in favour of
“Haryana Skill Development Mission” payable at Panchkula
E-tender fees of Rs. 2000/- to be submitted in form of Demand Draft in favour of “Haryana Skill Development Mission” payable at Panchkula
E-tender processing fees of Rs. 1,180/- to be submitted in form of Demand Draft in favour of “Society for IT initiative funds for e- governance” payable at
Chandigarh
E-Tender No. Description of Work
Total cost of Work
order
EMD (in
Rs.)
Security (Bank
Guarantee)
Date of downloading
e-tenders
documents
Last Date of
Submission
of bid
e-tender fee
HSDM/ Tender/03/2019-
20/3685
E-Tender for Providing
Clerks and Multi Skill
Workers(Peons)
on outsource basis
Rs. 60.00
Lakh Approx.
Rs. 3.00
Lakh
Rs. 6.00 Lakh
28.12.2019 27.1.2020 DD of Rs. 2000/- in
favor of Haryana Skill Development
Mission , payable at Panchkula
Haryana Skill Development Mission
IP-2, Sector-3, Panchkula __________________________________________________________________________________
TENDER NOTICE
Notice: - Inviting Proposal for Providing Manpower Services on outsource
basis in Haryana Skill Development Mission. 1. Introduction:-
Haryana Skill Development Mission (HSDM) was established in May,
2015 by State Government in society mode with an aim to empower youth to take
part in the economic and all-round growth of Haryana and India through skill training
in modern and market-driven professions at reasonable cost and increase their
employment quotient, and thereby reducing poverty and socio-economic inequality.
Mission Director, Haryana Skill Development Mission (HSDM) invites bids
for providing manpower services on outsource basis. The bidders are requested to
read the tender document carefully and ensure compliance with all
specifications/instructions herein. Non-compliance with specifications/instructions in
this document may disqualify the bidders from the tender exercise. Mission Director,
Haryana Skill Development Mission reserves the right to select the service provider or
to reject any bid wholly or partly without assigning any reason. Incomplete tenders,
amendments and additions to tender after opening or late tenders are liable to be
ignored and rejected.
2. Services Required
The tenderers must submit their proposals for providing following
numbers of Clerks and Multi Skill Workers (Peons) at HSDM HQ Panchkula. Based
upon the requirements, the said clerks and peons may be posted anywhere in Haryana
at Govt. Industrial Training Institutes Premises & Offices etc.
Haryana Skill Development Mission
IP-2, Sector-3, Panchkula __________________________________________________________________________________
Sr. No.
Services Required Number Educational Qualifications
1 Clerks 12 12th/Equivalent
Hindi/Sanskrit upto Matric
2 Multi Skill Workers (Peons)
10 8th/Equivalent
3. Eligibility Criteria for the bidder: -
The Bidders should have the following Eligibility for participating in Tender. The
Bidder should upload documentary evidence as mentioned below for fulfilling the
eligibility criteria of the Tender:-
Sr. No. Eligibility Criteria Signed & scanned copy to be
uploaded
1. Details of Bidder As per Annexure-II
2. Financial Bid Bidders who wish to participate in e-tender need to fill data in pre-defined form of Price Bid at
Annexure-III.
3. Experience in Business: Proof of experience of minimum 3
consecutive years in business of providing manpower for supply of
Clerks and Peons i.e FY 2016-17 , 2017-18 & 2018-19.
As per Annexure-IV
4. (a) The Bidder must have a positive
net worth based on the latest financial year i.e FY 2018-19. (b) The Bidder must have a turnover of
at least Rs. 1.00 crore in each FY i.e 2016-17 , 2017-18 & 2018-19
As per Annexure-V duly certified
by a practicing chartered Accountant.
5. Bidders should not have been blacklisted or otherwise debarred by any Central or State
Government/ Organization /PSU/ Institutions/ Corporations/ Boards / Establishments as on last date of
submission of bid.
A notarized Affidavit on a stamp paper of Rs. 100/- to the effect that it has never been blacklisted by any
central or State Government/ /PSU/ Institutions/ Corporations/ Boards / Establishments needs to be
furnished.
6. Valid Registration of the Agency/Company with concerned
Labour Department.
Self-attested Copies for all these certificates needs to be furnished.
Haryana Skill Development Mission
IP-2, Sector-3, Panchkula __________________________________________________________________________________
7. Income Tax returns of FY 2016-17, 2017-18 and 2018-19.
Self-attested copies of the ITR for three financial years 2016-17, 2017-18 and 2018-19 needs to be
furnished.
8. Whether Certificate for unconditional acceptance of all the
terms and conditions of the tender on the Bidder's letter head
Duly Signed and Stamp.
9. PAN No. Self-attested copy of PAN Card
10. Valid EPF Number as employer Self-attested copy
11. Valid ESI Registration Number Self-attested copy
12. Service Tax number/ GST registration Number
Self-attested copy of valid Service Tax number/ GST registration Number
13. Cost of the Tender Rs. 2000/- Demand Draft in Favor of Haryana Skill Development Mission, payable at Panchkula.
14. EMD To be submitted as per tendering process in a shape of Demand Draft
in Favor of Haryana Skill Development Mission, Panchkula
5. Submission of Tenders
a) The financial bids of only those bidders shall be considered/opened who qualify
in the Technical Bid.
b) The quote in financial bid shall be monthly charges payable by the bidder to
Clerks and Peons inclusive of service tax, as applicable from time to time, and
all other applicable tax, service charges etc. Tender quoting service charges of
3% or less than 3% will be straight way rejected. The bidder must quote
service charges in %age up to two decimal places only. The financial bids
where Services Charges are quoted by bidders in more than two decimals
places will not be considered and will be straight way rejected.
c) Tender without the Earnest Money & tender cost will not be considered. The
Earnest money after the successful completion of work. No interest shall be
payable on security/EMD.
6. Selection of Lowest Bidder:
Haryana Skill Development Mission
IP-2, Sector-3, Panchkula __________________________________________________________________________________
(a) Evaluation of Price Bids: The rates must be quoted in the Price bid template
as given at Annexure-III. The bidder quoting the lowest overall rate will be
declared L-1.
(b) The evaluation of bids shall be on the basis of service charges rates quoted in
the Financial Bid.
(c) In case more than one agency quotes the same minimum rates, then merit of
bidders QUOTING THE SAME MINIMUM RATES will be prepared on the basis
of Total Marks Scored as per criteria given as on Annexure-VI. The
bidders should submit the verified (duly signed and stamped) certificate from
concerned authorities from Govt. of Haryana (Boards/ Corp./ Deptt./Co-op
societies) .
7. Duration of the Contract:
The contract of Out Sourcing Agency/ Security Agency will be for a period of ONE
YEAR, which may be extended further at the sole discretion of HSDM with mutual
consent for a further period of maximum two years on the same rates, terms and
conditions subject to satisfactory performance of the services and statutory
compliance of all the terms and condition. The performance of the out Sourcing
Agency /Security Agencies will be reviewed after every 6 months and if the
performance of Out Sourcing Agency /Security Agencies is found unsatisfactory, the
contract of that Out Sourcing Agency /Security Agencies will not be extended further.
If during the period of 6 months, the performance of the out Sourcing Agency
/Security Agencies is found/reported unsatisfactory, the contract of the agency will be
liable to be terminated.
8. Documents Required For Technical Bid:
I. Details of Bidder as per Annexure-II
II. Work Experience Certificate as per Annexure-IV
III. Net worth & Turnover as per Annexure-V.
IV. A notarized Affidavit on a stamp paper of Rs. 100/- to the effect that it has never
been blacklisted by any Central or State Government /Organization /PSU/
Institution/ Corporations / Boards/Establishments.
Haryana Skill Development Mission
IP-2, Sector-3, Panchkula __________________________________________________________________________________
V. Whether Certificate for unconditional acceptance of all the terms and conditions of
the tender on the Bidder's letter head
VI. Self-attested valid Registration of the Agency/Company with Labor department.
VII. Self-attested Copies of the ITR for three financial years 2016-17, 2017-18 & 2018-
19.
VIII. Self-attested copy of PAN Card
IX. Self-attested copy of valid EPF Number as employer
X. Self-attested copy of ESI Registration Number
XI. Self-attested copy of valid service tax/GST Registration certificate.
9. Financial/Price Bid
Name of Work: Providing Clerks and Peons in Haryana Skill Development Mission
Sr. No. Descriptions Rate
1 Basic Wages DC rate
2 EPF
3 ESI
4 GST
6 Service Charges (Pl. quote as percentage of only basic
wages) Tender quoting service charges of 3% or less than
3% will be rejected. The tenderer quote service charges %
age upto 2 decimal places only.
Rates (in words) Rates (in figures)
------------------------ ------------------%
Notes:-Rates quoted for each service must include.
a) Minimum Wages (DC rates of concern District) required to be paid to all
the workers to be deployed on the above services and payment will be
made on monthly basis.
b) Contribution towards EPF/ESI and other Statutory Provision like GST.
10. Terms of Payments:
Haryana Skill Development Mission
IP-2, Sector-3, Panchkula __________________________________________________________________________________
1. For the payment of wages to the persons engaged to provide the various
services, the responsibility and liability will be of the contractor who shall pay
wages to such persons not less than The Minimum Wages Act as per, 1948
fixed by Haryana Government or DC rates of concerned Districts whichever is
higher. The payment shall be made after submission of bills by the contractor
after rendering satisfactory services to the entire satisfaction of the
management.
2. It is important to note that the facilities for welfare and Health under section
16 to 19 of the above Act ibid, wherever applicable have to be provided by the
Contractor and in the event of deficiency, the Principal Employer is liable to
provide the same at the cost of service provider.
3. Payment shall be on monthly basis to the contractor and the payment of wages
be made to contractual on DC rates of concerned Districts.
4. In case the contractor fails to make monthly payment to the labour engaged
by him and the Board is forced to make payment to avoid stoppage of the
essential work, the contract stands cancelled any security will be forfeited. The
HSDM shall also charge Rs. 500 per day for the days of delays on such
payments made by the HSDM till it is not deposited with HSDM by the
contractor.
5. No request for advance payment will be entertained and offer with such
conditions will not be considered.
6. The contractor will have to produce the register of wages or the register of
wages-cum-muster roll with copy of contribution/ deposit receipts of ESI and
EPF of the preceding month along with the bill, to be submitted before 3rd of
every calendar month for verification to the nominated official. The Contractor
shall ensure that payment to his employees is made in the presence of an
authorized representative of the HSDM.
7. All payments shall be made by the Mission Director Haryana Skill Development
Mission Haryana shall be after deduction of tax at source, wherever applicable
as per provisions of the Income Tax Act, 1961 and GST.
Haryana Skill Development Mission
IP-2, Sector-3, Panchkula __________________________________________________________________________________
General Terms & Conditions
1. The contractor shall obtain all registration(s)/permission(s)/ license(s) etc.
which are/may be required under any labour or other Legislation(s) for
providing the services and submit the copy while submitting Tenders i.e.
Contractor/ service provider must obtain a license for that particular contract
for service.
2. The persons engaged by the contractor for providing the services in the
Haryana Skill Development Mission, Haryana shall be the employees of the
contractor only.
3. It will be responsibility of the contractor to ensure compliance of all the Central
and State Government Rules and Regulation with regard to the provisions of
the services. The contractor indemnifies and shall always keep Haryana Skill
Development Mission, indemnified against all losses, damages, claims, action
taken against Mission Director, Haryana Skill Development Mission, Haryana by
any authority/office in this regard.
4. The contractor undertakes to comply with the applicable provisions of all
welfare legislations and more particularly with the Contract Labour (Regulation
and Abolition) Act, 1970. The Contractor must obtain a license for that
particular contract for service as per the said Act. The contractor shall further
observe and comply with all Government laws concerning employment of staff
employed by him and shall duly pay all sums of money to such staff as may be
required to be paid under such laws. It is expressly understood that the
contractor is fully responsible to ascertain and understand the applicability of
various Acts, and take necessary action to comply with the requirements of
law.
Haryana Skill Development Mission
IP-2, Sector-3, Panchkula __________________________________________________________________________________
5. The service provider must maintain record of man power regarding duty
schedules, attendance, salary disbursement, wages and leave etc. pertaining
to personal deployed by him not only for compliance of the wage laws but also
submit an attested photocopy of the record.
6. The compliance of all statutory provisions contained in the Chief Secretary to
Government Haryana instruction no. 43/5/2001-3GS-II dated 20.02.2014 and
instructions no. 16/7/2015=1GS-II dated 06.04.2015 and instructions issued
from Govt. time to time shall be strictly followed by the contractor.
7. The works shall be carried out as per directions and up to the satisfaction of
the Mission Director Haryana Skill Development Mission, Haryana or authority.
8. The contractor will have to execute an agreement on non-judicial stamp paper
as standard terms and conditions of the contract. Besides it he has to deposit
Rs. 3.00 Lakh/- as security deposit in the shape of Bank Guaranty.
9. I-Card and uniform will be issued by the contractor to his staff for their
identification.
10. Mission Director Haryana Skill Development Mission, Haryana / authorized
officer will be at liberty to turn out any of the contractor staff member if found
in undesirable activities and no worker will be allowed to reside at the place of
duty.
11. The contractor shall not dismantle any item without the knowledge of Mission
Director Haryana Skill Development Mission, Haryana / authorized officer.
12. Any material taken out from the building shall have necessary permission from
the Institute/ authorized officer in the form gate pass.
13. The contactor shall be responsible for his employees Welfare Statutory
requirement as per rules and preferable be insured against risk. Any problem/
disputes relating to labour/staff will be sole responsibility of the contractor and
department will not be responsible in any way for the payment on this account.
14. The contractor shall maintain a register where compliance about daily/weekly
and monthly works be recorded. In case any deficiency in the terms and
condition of the contract is found at any stage, the security deposit is liable to
be forfeited and action will be taken for the cancellation of contract.
Haryana Skill Development Mission
IP-2, Sector-3, Panchkula __________________________________________________________________________________
15. Proper complaint register and the reception shall be maintained. The complaint
shall be attended immediately and the disposal of the complaint shall be
entered in the register with time.
16. Any staff member found incompetent suitable or mis-behaving or not
complying with the instructions of the Officers/Officials of Haryana Skill
Development Mission, Haryana, shall be replaced immediately under the
instruction of the Mission Director Haryana Skill Development Mission, Haryana
/ authorized officer.
17. Either party shall have right to terminate agreement by giving 15 days prior
notice.
18. The department shall not be responsible for employment or any other
compensation in case of accident/death or any other circumstances payable to
the employees of the firm put on duty.
19. No claim on account of fluctuations on rates shall be entertained.
20. No living or other accommodation shall be provided by the Mission Director
Haryana Skill Development Mission, Haryana, and Haryana.
21. An inventory of items in the premises shall be made and the contractor shall
be responsible for any loss/ damage to these items.
22. The contractor shall execute the works according to the General Performance
standards.
23. The Mission Director Haryana Skill Development Mission, Haryana, has right to
accept/reject the tender without assigning any reason.
24. In case of any dispute in respect of this contract, the same shall be subject to
arbitration by the sole arbitrator to be appointed by the Mission Director
Haryana Skill Development Mission, Haryana, whose decision shall be final and
binding on both the parties.
25. The Contractor must ensure the payment to staff by 07th of each month from
his own resources.
26. The invoices of contractor must accompany the EPF/ESI Challans of previous
month and ledgers of employees as an evidence of deposit of EPF and ESI .
27. There should be adequate off-site backup, trained, to ensure 100% service
delivery
Haryana Skill Development Mission
IP-2, Sector-3, Panchkula __________________________________________________________________________________
28. The Service Provider shall maintain updated all statutory records at our
premises regarding duty schedules, attendance and leave, salary disbursement
etc. pertaining to the personnel deployed by him in the said premises.
29. Service Provider shall bring in its own equipment for cleaning and shall be
responsible for maintaining these equipments at all time. All costs for
purchase/repair/spares/ maintenance etc for these equipments will be borne
by Service Provider.
30. Before submission of the bill, the Agency shall ensure that the payment of
persons deployed by the Agency have been made for the billed period.
31. Contractor or his representative will remain in constant touch with concerned
official of Haryana Skill Development Mission, Haryana for better understanding
and effective work.
32. The contractor shall assess the requirement as mentioned in the scope of work
and accordingly deploy sufficient number of man power.
33. This is not a man power contract and is purely service contract.
34. The successful contractor will execute the Agreement as per Terms &
Conditions as well as instructions/guidelines issued by Chief Secretary to Govt,
of Haryana vide Endst. No. 16/7/2015-1 GSII dated 06-04-2015, instructions
issued by Govt. time to time.
35. The successful contractor will follow the CS Govt. Haryana letter
no.22/104/2014-1GS III dated 12.03.2018. To grant of reservation while
engaging contractual manpower under Part-II of outsourcing policy.
Haryana Skill Development Mission
IP-2, Sector-3, Panchkula __________________________________________________________________________________
Application Form for the Contract of Supply of Clerks and Multi Skill Workers (Peons) In Haryana Skill Development Mission
1. Name of applicant: ________________________
2. Father's Name: ________________________
3. Date of Birth: ________________________
4. Correspondence Address: ________________________
5. Telephone No. ________________________
6. Permanent Address: ________________________
7. Telephone No. ________________________
8. Previous Experience (Attach ________________________
Relevant documents)
Name of Contract Govt./Private
Building
Period
9. Financial Status (Attach Proof) ________________________
Signature of Contractor
Haryana Skill Development Mission
IP-2, Sector-3, Panchkula __________________________________________________________________________________
Annexure-I
SERVICE AGREEMENT
THIS AGREEMENT is made on this -------- day of -------, between the MISSION
DIRECTOR,HARYANA SKILL DEVELOPMENT MISSION,HARYANA of the first part and M/s --
------------------------------------------------------------------------------------(hereinafter referred to
as “Service Provider” which expression shall, unless repugnant to the context or meaning
thereof, be deemed to mean and include its/his/her/their respective heirs, executors,
administrators and successors/the partner(s) for the time being of the said firm the survivor(s)
of them and the executors, administrators and successors of the surviving partners, as the
case may be ) of the second part.
WHEREAS the Service Provider is engaged in the business of providing Security, Event
Management, Labour, Manpower Services.
AND WHEREAS the Service Provider has expressed his keen desire to provide the said services to the
department under this agreement.
AND WHEREAS on the aforesaid representation made by the Service Provider to the Department, the
Parties hereby enter into this agreement on the terms and conditions appearing hereinafter.
Now, Therefore, This Agreement Witnessed and It is agreed by and between the parties as under:
1. SERVICE PROVIDER’S REPRESNTATIONS AND WARRANTIES
The Service Provider hereby represents warrants and confirms that the Service Provider;
1.1 Has full capacity, power and authority to enter into this agreement and during the
continuance of this agreement, shall continue to have full capacity, power and authority
to carry out and perform all its duties and obligations as contemplated herein and has
already taken and shall and continue to take all necessary and further actions ( including
but without 1 limiting to the obtaining of necessary approval/ consents in all applicable
jurisdictions) to authorize the execution, delivery and performance of this agreement.
1.2 Has the necessary skills, knowledge, expertise, adequate capital and competent personnel, system and Personnel, system and procedures, infrastructure and capability to perform its obligations in accordance with the terms of this agreement and to the satisfaction of
the Government. 1.3 Shall, on the execution of this agreement and providing services to the Department, not
violate, break and Contravene any conditions of any agreement entered with any third
party/ies
1.4 Has complied with and obtained necessary permissions / licenses/ authorizations under
the Central, State and local authorities and obtained all required permissions / licenses
for carrying out its obligations under this agreement.
Haryana Skill Development Mission
IP-2, Sector-3, Panchkula __________________________________________________________________________________
2. OBLIGATIONS OF THE SERVICE PROVIDER
(a) The Service Provider shall operate and provide services to the Department at its
various sites on 05 Days a week from 8.30 am to 5:30 p.m.
(b) The regularity of the performance of the service will be the essence of this agreement
and shall form a Central factor of this agreement. The Service Provider shall take all
possible steps to ensure to maintain its performance as determined by the Department
from time to time.
(c) The assessment made by the Service Provider in the tender including number of
personnel of various descriptions as required to provide/give the required quality of
services shall be final and acceptable by and binding upon the Service Provider.
(d) If the Department notices that the personnel of the Service Provider has/have been
negligent, careless in rendering the said services, the same shall be communicated
immediately to the Service Provider who will take corrective steps immediately to avoid
recurrence of such incidents and reports to the Department.
(e) If any of the personnel of the Service Provider indulges in theft, negligence or any
illegal/irregular activity, misconduct, the Service Provider shall take appropriate action
against its erring personnel and intimate accordingly to the Department or itself can
take action in accordance with law.
(f) The Service Provider shall furnish a personal guarantee of its Managing
Director/Partner, guaranteeing the due performance by the Service Provider of its
obligations under this agreement.
3. TERMS OF PAYMENT
a. For the payment of wages to the persons engaged to provide the various services, the
responsibility and liability will be of the contractor who shall pay wages to such persons
not less than The Minimum Wages Act as per, 1948 fixed by Haryana Government or
DC rates of Panchkula whichever is higher. The payment shall be made after
submission of bills by the contractor after rendering satisfactory services to the entire
satisfaction of the management.
b. It is important to note that the facilities for welfare and Health under section 16 to 19
of the above Act ibid, wherever applicable have to be provided by the Contractor and
in the event of deficiency, the Principal Employer is liable to provide the same at the
cost of service provider.
c. Payment shall be on monthly basis to the contractor and the payment of wages be
made to contractual labour on fixed minimum wages or DC rates of respective districts.
d. In case the contractor fails to make monthly payment to the labour engaged by him
and the Board is forced to make payment to avoid stoppage of the essential work, the
contract stands cancelled any security will be forfeited. The HSDM shall also charge
Rs. 500 per day per employee for the days of delay on such payments made by the
HSDM till it is not deposited with HSDM by the contractor.
e. No request for advance payment will be entertained and offer with such conditions
will not be considered.
Haryana Skill Development Mission
IP-2, Sector-3, Panchkula __________________________________________________________________________________
f. The contractor will have to produce the register of wages or the register of wages-
cum-muster roll with copy of contribution/ deposit receipts of ESI and EPF of the
preceding month along with the bill, to be submitted before 7th of every calendar
month for verification to the nominated official. The Contractor shall ensure that
payment to his employees is made in the presence of an authorized representative of
the HSDM.
g. All payments shall be made by the Mission Director Haryana Skill Development Mission,
Haryana shall be after deduction of tax at source, wherever applicable as per
provisions of the Income Tax Act, 1961.
4. SUBMISSION AND VERIFICATION OF BILLS
The Service Provider shall submit on a monthly basis the bills for the services rendered
to enable the Mission to verify and process the same.
5. DISCIPLINE
(a) The Service Provider shall issue identity cards, on its own name and trading style, to
its personnel deputed for rendering the said services, which at Department’s option, and
would be subject to verification at any time. The Department may refuse the entry into
its premises to any personnel of the Service Provider not bearing such identity card or
not being perfectly dressed.
(b) The Department shall always have the right and liberty to do surprise inspection at
its sites.
(c) The Services rendered by the Service Provider under this agreement will be under
close supervision, co-ordination and guidance of the Department. The Service Provider
shall frame appropriate procedure for taking immediate action as may be advised by the
Department from time to time.
(d) It is understood between the parties hereto that the Service Provider alone shall
have the right to take disciplinary action against any person(s) to raise any dispute and/or
claim whatsoever against the Department. Department shall under no circumstances be
deemed or treated as the employer in respect of any person(s) engaged/employed by
the Service Provider for any purpose, whatsoever nor would Department be liable for any
claim(s) whatsoever, of any such person(s).
6. NATURE OF AGREEMENT
The parties hereto have considered agreed to and have a clear understanding on the
following aspects:
(a) This agreement is on the principal to principal basis and does not create and shall
not deem to create any Employer-employee relationship between the Department and
the Service Provider. The Service Provider shall not by any acts, deeds or otherwise
represent any person that the Service Provider is representing or acting as agent of
Department, except to the extent and purpose permitted herein.
Haryana Skill Development Mission
IP-2, Sector-3, Panchkula __________________________________________________________________________________
(b) This agreement is for providing the aforementioned services and is not an agreement
for supply of contract Labour. It is clearly understood by the Service Provider that the
persons employed by the Service Provider for providing services as mentioned herein,
shall be the employees of the Service Provider only and not of the Department. The
Service Provider shall be liable to make payment to its said employees towards their
monthly wages/salaries and other statutory dues like Employees Provident Fund,
Employees State Insurance, minimum wages, bonus, gratuity etc.
(c) Department shall not be liable for any obligations/responsibilities, contractual, legal
or otherwise, towards the Service Provider’s employees/agents directly and/or indirectly,
in any manner whatsoever.
7. STATUTORY COMPLIANCES
(a) Service Provider shall obtain all registration(s)/permission(s)/ license(s) etc. which
are/may be required under any labour or other legislation(s) for providing the services
under this agreement.
(b) It shall be the Service Provider’s responsibility to ensure compliance of all the Central
and State Government Rules and Regulations with regard to the provisions of the services
under this agreement. The Service Provider indemnifies and shall always keep Department
indemnified against all losses, damages, Claims actions taken against Department by any
authority/office in this regard.
(c) The Service Provider undertakes to comply with the applicable provisions of all welfare
legislations and more particularly with the Contract Labour (Regulation and Abolition) Act,
1970, if applicable, for carrying out the purpose of this agreement. The Service Provider
shall further observe and comply with all Government laws concerning employment of staff
employed by the Service Provider and shall duly pay all sums of money to such staff as
may be required to be paid under such laws. It is expressly understood that the Service
Provider is responsible to ascertain and understand the applicability of various Acts, and
take necessary action to comply with the requirements of law.
8. ACCOUNTS AND RECORDS
(a) The Service Provider shall maintain accurate accounts and records, statements of all
its operations and expenses in connection with its functions under this agreement in the
manner specified by the Department.
(b) The Service Provider shall forthwith upon being required by the Department, allow
Department of any of its authorizes representatives to inspect, audit or take copies of any
records maintained by the Service Provider. The Service Provider shall also cooperate in
good faith with the Department to correct any practices which are found to be deficient as
a result of any such audit within a reasonable time after receipt of the report from the
Department. However, upon discovery of any discrepancies or under payment the Service
Provider shall immediately reimburse the Department for such discrepancies or overcharge.
Haryana Skill Development Mission
IP-2, Sector-3, Panchkula __________________________________________________________________________________
9. INDEMNIFICATION
(a) The Service Provider shall at its own expenses make good any loss or damage suffered
by the Department as a result of the acts of commission or omission, negligently or
otherwise of its personnel while providing the said services at any time of the premises of
the Department or otherwise.
(b) The Service Provider shall at all times Indemnify and keep indemnified that Department
against any claim on account of disability / death of any of its personnel caused while
providing the services within/outside the site or other promises of the Department which
may be made under the workmen’s Compensation Act, 1923 or any other Acts or any other
Statutory modifications hereof or otherwise for or in respect of any claim for damage or
compensation payable in consequence of any accident or injury sustained by the working
or there personnel of the Service Provider or in respect of any claim, damage or
compensation under labour laws or other laws or rules made there under by any person
whether in the employment of the Service Provider or not, who provided or provides the
service at the site or any other premises of the Department shall be as provided
hereinbefore.
(c) The Service Provider shall at all times indemnify and keep indemnified the Department
against any claim by any third party for any injury, damage to the property or person of
the third party or for any other claims whatsoever for any acts of commission or omission
of its employees or personnel during the hours of providing the services at the
Department’s premises or before and after that.
(d) That, if at any time, during the operation of this agreement or thereafter the
Department is made liable in any manner whatsoever by any order, direction or otherwise
of any Court authority tribunal, to pay any amounts whatsoever in respect of or to any of
present or ex-personnel the Service Provider or to any third party in any event not
restricted but including as mentioned in sub-clauses No (a),(b) and (c) hereinabove, the
Service Provider shall immediately pay to department all such amounts and costs also and
in all such cases/events the decision of Department shall be final and binding upon the
Service Provider. The department shall entitled to deduct any such amounts as aforesaid,
from the security deposit and/or from the pending bills of the Service Provider.
10. LIABILITIES AND REMEDIES
In the event of failure of the Service Provider to provide the services or part thereof mentioned
in this agreement for any reasons whatsoever, the Department shall be entitled procure
services from other sources and the Service Provider shall be liable to pay forthwith the
Department the difference of payments made to such other sources, besides manage
double the rate of payment.
11. LOSSES SUFFERED BY SERVICE PROVIDER
The Service Provider shall not claim any damages, costs, charges, expenses, liabilities
arising out of performance/non-performance of service, which it may suffer or otherwise
incur by reason of any act/omission, negligence, default or error in judgment on part of
Haryana Skill Development Mission
IP-2, Sector-3, Panchkula __________________________________________________________________________________
itself and /or its personnel in rendering or non-rendering the services under this
agreement.
12. TERM
This agreement shall be effective for a period of One Yearwith effect from……… Up to
……………….and can be extended further for such period and on such terms and conditions
as may be deemed Fit and proper by the Department.
13. TERMINATION
(a) Either party can terminate this agreement by giving one month’s written notice to the
other without assigning any reason and without payment of any compensation thereof.
However, the department shall give only a 24 hours’ notice of termination of this
agreement to the Service Provider when there is a major default in compliance of the
terms and conditions of this agreement or the Service Provider has failed to comply with
its statutory obligations.
(b) If Service Provider commits breach of any covenant or any clause of this agreement,
Department may send a written notice to Service Provider to rectify such breach within
the time limit specified in such notice. In the event Service Provider fails to rectify such
breach within the stipulated time, the agreement shall Forthwith stand terminated and
Service Provider shall be liable to Department for losses or damages on account of such
breach.
(c) The Department shall have the right to immediately terminate this agreement if the
Service Provider becomes insolvent, ceases its operations, dissolves, files for bankruptcy
or bankruptcy protection, appoints receivers, or enters into an arrangement for the
benefit of creditors.
14. ASSIGNMENT OF AGREEMENT
This Agreement is executed on the basis of the current management structure of the Service
Provider. Henceforth, any assessment of this agreement, in part or whole, to any third
party without the prior written consent of the Department shall be a ground for termination
of this agreement forthwith.
15. COMPOSITION AND ADDRESS OF SERVICE PROVIDER
(a) The Service Provider shall furnish to the Department all the – relevant papers
regarding its constitution, names and addresses of the management and other key
personnel of the Service Provider and proof of its registration with the concerned
Government authorities required for running such a business of Service Provider.
(b) The Service Provider shall always inform the department in writing about any change
in its address or the names and addresses of its key personnel. Further, the Service
Provider shall not change its ownership without prior approval of the Department.
Haryana Skill Development Mission
IP-2, Sector-3, Panchkula __________________________________________________________________________________ 16. SERVICE OF NOTICES
Any notice or other communication required or permitted to be given between the parties
under this agreement shall be given in writing at the following address or such other
addresses as may be intimated from time to time in writing.
Mission (1st Party) Service Provider (2nd Party)
17. CONFIDENTIALITY
It is understood between the parties hereto that during the course of business
relationship, the Service Provider may have access to confidential information of
Department and it undertakes that it shall not, without Department’s prior written
consent, disclose, provide or make available any confidential information in any Form
to any person or entity or make use of such information. This clause shall survive for a
period of 1 Year from the date of expiry of this agreement or earlier termination thereof.
18. ENTIRE AGREEMENT
This agreement represents the entire agreement, the parties and supersedes all previous
or other writings and Understandings, oral or written and further any modifications to this
agreement, if required shall only be made in writing.
19. AMENDMENT / MODIFICATION
The parties can amend this agreement at any time. However, such amendment shall be
effective only when it is reduced in writing and signed by the authorized representatives
of both parties hereto.
20. SEVERABILITY
If, for any reason, a court of competent jurisdiction finds any provision of this
agreement, on portion thereof, to be unenforceable, that provision of the agreement will
be enforced to the maximum extent permissible so as to effect the intent of the parties,
and the remainder of this agreement shall continue in full force and effect.
21 CAPTIONS
The various captions used in this agreement are for the organizational purpose only and
may not be used to interpret the provisions hereof. In case of any conflicts between the
captions and the text, the text shall prevail.
22 WAIVER
At any time any indulgence or concession granted by the Department shall not alter or
invalidation this agreement nor constitute the waiver of any of the provision hereof after such
time, indulgence or concession shall have been granted. Further, the failure of the Department
to enforce at any time, any of the provisions of this agreement or to exercise any option which
is herein provided for requiring at any time the performance by the Service Provider of any
of the provisions hereof shall in no way be constructed to be a waiver of such provisions of
Haryana Skill Development Mission
IP-2, Sector-3, Panchkula __________________________________________________________________________________ this agreement nor in anywhere affect the validity of this agreement or any part thereof or
the right of the Department to enforce the same in part or in the entirety of it. Waiver, if any,
has to be in writing.
23. FORCE MAJEURE
Neither party shall be in default if a failure to perform any obligation hereunder is caused
solely supervening conditions beyond that party’s reasonable control, including acts of God,
commotion, strikes, acts of terrorism, labour disputes and governmental or public authority
demands or requirements.
24. DISPUTE RESOLUTION
This agreement shall be deemed to have been mode/executed at Panchkula for all purposes.
In the event any dispute related to the interpretation or rights or liabilities arising out of this
agreement, the same shall, at first instance, be amicably settled between the parties. If any
dispute is not settled amicably, the same shall be referred to the sole arbitrator to be
appointed by the Department. The award given by the arbitrator shall be final and binding on
the parties. The venue of arbitrator shall be Panchkula.
25. GOVERNING LAW/JURISDICTION
The applicable law governing this agreement shall be the laws of India and the courts of
Panchkula have the exclusive jurisdiction to try any dispute with respect to this agreement.
26. TWO COUNTERPARTS
This agreement is made in duplicate. The Service Provider shall return a copy of this
agreement duly signed and stamped as a token of acceptance of all terms and conditions
mentioned above in the event of commencement of order acceptance, it will be taken that all
terms are acceptable.
In Witness Whereof The Department And The Service Provider Above Said
Have Hereunto Subscriber Their Hands On The Day Month And Year First
Mentioned Above In The Presence Of The Following Witnesses:
SIGNED, SEALED AND DELIVERED WITNESSES
1. Signature : Signature : Name : Name :
Date : Date :
Designation : Designation :
For and on behalf of the Service provider
2. Signature : Signature :
Name: Name:
Date: Date
Haryana Skill Development Mission
IP-2, Sector-3, Panchkula __________________________________________________________________________________ Designation: Designation
Annexure-II
Bidder Profile Template
Sr. No. Particulars To be provided by Bidder
1. Name of Firm
2 Complete Address
3 Email Id
4 Website, if any
5 Phone Nos./Mobile No.
6 Authorized Signatory
Name:
Designation:
Phone No./Mobile No.
E-mail Address
I/we hereby state that:-
1- I/we have read all the schedules, appendices, annexure to the tender
document, terms & Conditions carefully.
2- This technical bid contains page No ----- to ------ I/we have signed each &
every page.
3- I/we hereby verify that all the details and documents given above and
attached with these technical bids are true to the best of my/our
knowledge and belief. In any discrepancy is found at a later stage or if any
information/document submitted is found to be incorrect/false, our bid
is bound to be rejected and we will be liable for any action as a result
thereof.
Haryana Skill Development Mission
IP-2, Sector-3, Panchkula __________________________________________________________________________________
I/we understand that the above technical qualifications are minimum and
will have to be fulfilled by me/us to be eligible to participate in the price
bid.
4- I/we hereby agree to abide by all the terms & conditions laid down in the
detailed notice inviting e-tender documents.
Authorized signatory/signature of service provider
With complete Address & Mobile no.
Haryana Skill Development Mission
IP-2, Sector-3, Panchkula __________________________________________________________________________________
Annexure-III
FINANCIAL/PRICE BID
Name of Work: Providing supply of Clerks/Peons in Haryana Skill Development
Mission, Haryana
Sr. No. Descriptions Rate
1 Basic Wages DC rates
2 EPF
3 ESI
4 GST
6 Service Charges (Pl. quote as percentage of only basic wages)
Tender quoting service charges of 3% or less than 3% will be
rejected. The tenderer quote service charges % age upto 2
decimal places only.
Rates (in words) Rates (in figures)
------------------------ ------------------%
Notes:-1. Rates quoted for each service must include.
a) Minimum Wages (Fixed by Labour Department, Govt. of Haryana from
time to time or DC rates of concern District whichever is higher) required
to be paid to all the workers to be deployed on the above services and
payment will be made on monthly basis.
b) Contribution towards EPF/ESI and other Statutory Provision like GST.
Haryana Skill Development Mission
IP-2, Sector-3, Panchkula __________________________________________________________________________________
Annexure-IV
WORK EXPERIENCE CERTIFICATE
(on client letter head)
It is certified that M/s. _______________________________________
had provided/been providing manpower services to ____________ and
this premises located at _____________________ vide
contract/Agreement/MOU bearing NO. _________ dated
______________ for the period form _______________(date) to
_____________(date) and the performance of the firm was satisfactory
during the period of contract.
The Financial component of the Clerks/Peons/Cleaning/ Gardening
/watch and ward/security contract for the subject services was Rs.
______________(in words) Rs._____________ during the contract/Year.
Signature of the organization or its authorized signatory
Name:_____________
Designation:___________________
Date and seal:___________________
Haryana Skill Development Mission
IP-2, Sector-3, Panchkula __________________________________________________________________________________
ANNEXURE-V
Format of Net Worth & Turnover
The Net Worth of Mr./Ms./M/s _____________________ for Financial Year
2018-19 is Rs. _______Lakhs as per his/her/their books of Accounts.
(Note: Net Worth means sum total of paid up share capital plus free reserves. Further
any debit balance of Profit and Loss Account and Misc. Expenses to the extent not
adjusted/ or written off, if any, shall be reduced from Reserves and Surpluses. )
The Turnover of Mr./Ms./M/s _______________________________ for
last three financial years as per his/her/their books of Accounts was as
under:
Sr. No Financial years Turnover (Lakh Rs. )
1 2016-17
2 2017-18
3 2018-19
AGGREGATE of above three years
Signature of Chartered Accountant
Name:
Membership No:
Seal:
Haryana Skill Development Mission
IP-2, Sector-3, Panchkula __________________________________________________________________________________
ANNEXURE-VI
Selection Criteria on The Basis of Total Marks Scored as per the table
given below
Note: Detail for above sr. no. 1, 4 and 5 should be verified by the concerned
department Corporation/ Board on their letter head by authority signature.
Sr. No. Description Marks
1.
Number of years in operation (Experience)
Max. 20 marks
a) Up to 3 years 5 marks
b) More than 3 years and up to 10 years 10 marks
c) More than 10 years and up to 14 years 15marks
d) More than 14 years 20marks
2.
Average turnover of last 3 years Max. 15 marks
a) Up to 8 crores 5marks
b) More than 8 crores and upto 25 crores 10marks
c) More than 25 crores and upto 50 crores 15marks
3.
No. of offices in Haryana Max. 10 marks
a) 2 office 5 marks
b) More than 2 office 10marks
4.
Number of manpower on rolls Max. 20 marks
a) Up to 1000 5 marks
b) More than 1000 and upto 2000 10 marks
c) More than 2000 and upto 3500 15marks
d) More than 4000 20marks
5.
No. of contracts/ work order allotted by Govt. of Haryana (Boards/ Corp./ Deptt./Co-op societies)
Max. 15 marks
a) 0 to 5 5 marks
b) 6 to 10 10 marks
c) 11 to 15 15marks