A: CSIR - NISCAIR Pusa Campus (Dr. K.S. Krishnan Marg, New Delhi ) B: CSIR - NISCAIR, SV Marg Campus (14 Satsang Vihar Marg, New Delhi )

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1 CSIR - NATIONAL INSTITUTE OF SCIENCE COMMUNICATION AND INFORMATION RESOURCES (NISCAIR) Dr. K. S. Krishnan Marg (Near Pusa Gate), New Delhi , Satsang Vihar Marg, New Delhi NAME OF WORK: Tender Document for Comprehensive work for Cleaning & Disposal of Garbage at Pusa Campus, S.V. Marg Campus & Maharani Bagh Guest House A: CSIR - NISCAIR Pusa Campus (Dr. K.S. Krishnan Marg, New Delhi ) B: CSIR - NISCAIR, SV Marg Campus (14 Satsang Vihar Marg, New Delhi ) C: CSIR - NISCAIR Guest House Maharni Bagh, New Delhi YEAR 2017 Cost of tender: Rs. 1000/- CSIR - NISCAIR, Dr. K. S. Krishnan Marg (Near Pusa Gate), New Delhi

2 CSIR - NATIONAL INSTITUTE OF SCIENCE COMMUNICATION AND INFORMATION RESOURCES (NISCAIR) Pusa Campus: Dr. K. S. Krishnan Marg (Near Pusa Gate) New Delhi SVM Campus: 14, Satsang Vihar Marg, New Delhi Tender DOCUMENT 1. Name of Work: Comprehensive work for Cleaning & Disposal of Garbage at Pusa Campus, S.V. Marg Campus and Maharani Bagh Guest House New Delhi 2. Implementation Site: A: CSIR NISCAIR, Pusa Campus Dr. K. S. Krishnan Marg (Near Pusa Gate) New Delhi B : CSIR NISCAIR, SV Marg Campus, 14 Satsang Vihar Marg, New Delhi C: CSIR-NISCAIR Guest House Maharni Bagh, New Delhi Cost of Tender: Issued by NISCAIR at a cost of Rs.1000/ (Rs. One Thousand only) by Demand Draft. Tender copy can also be seen from website. ( 4. Duration : 24 months 5. Estimated Cost :Rs / 6. Last date and time for sale of tender document up to :01/12/2017 upto 5.00 P.M (from NISCAIR Book Shop at Pusa Campus) 7. Last date, time and venue for submission of tender document :04/12/2017 at 3.00 P.M (in the Tender Box kept in the NISCAIR Book Shop at Pusa Campus) 8. Earnest Money to be deposited by Demand Draft :Rs. 3,48,500/- (in favour of Director NISCAIR, payable at NISCAIR Book Shop, Pusa Campus) 9. Date and Venue of opening bid :04/12/2017 at 3.30 P.M (at 15:30 hrs in the Conference Hall, First Floor, Pusa Campus) 10. Contents of Tender Document :40 Pages Notice Inviting Tenders (NIT) & Conditions for Works Schedule of Quantities All payments are to be made by Demand Draft in favour of Director NISCAIR, payable at New Delhi, unless stated otherwise. Tenderer should confirm that they have received all the above mentioned papers, including GCC. All the documents Issued are to be returned duly signed by the tenderer while submitting his offer. TENDER ISSUED TO: M/s Telephone No. 2

3 Signature of the Officer Issuing the Tender CSIR- NATIONAL INSTITUTE OF SCIENCE COMMUNICATION AND INFORMATION RESOURCES (NISCAIR) Dr. K S Krishnan Marg (Near Pusa Gate) New Delhi Name of work:- Comprehensive work for Cleaning & Disposal of Garbage at Pusa Campus, S.V. Marg Campus & Maharani Bagh Guest House New Delhi Contents No. S.No. Description Pages 1 Contents 3 2 Notice Inviting Tenders Scope of work 7 4 General Instructions and Payment Terms General condition of contract Special terms and condition Technical Details and undertaking by the contractor (For issue of tender 7 & submission of bid) Financial details/ Abstract of cost 30 8(a) Schedule of Quantity and Details of cleaning material required Upkeep schedule Indenture of secured advance and performance guarantee Of NOTE: Tenderer should confirm that they have received all the above papers/documents. Crossed Demand Draft No. Dated for Rs. in favour of Director, NISCAIR New Delhi drawn on (Name of Bank) towards tender fee is enclosed. Particulars of cash deposited with Director, NISCAIR, New Delhi. Receipt No. Book No. Dated For Rs.. TENDER ISSUED TO: M/s Telephone No. 3

4 Signature of the Officer Issuing the Tender NATIONAL INSTITUTE OF SCIENCE COMMUNICATION AND INFORMATION RESOURCES (NISCAIR) Dr. K S Krishnan Marg (Near Pusa Gate) New Delhi NOTICE INVITING TENDER 1. Sealed Tenders are hereby invited in two bid system (i.e. Technical & Financial) for the work of Comprehensive work for Cleaning & Disposal of Garbage at Pusa Campus & s. V Marg (both locations ) at NISCAIR Pusa Campus (Dr K. S. Krishan Marg, New Delhi & NISCAIR,S.V. Marg Campus (14 Satsung Vihar Marg, New Delhi , NISCAIR Guest House Maharni Bagh, New Delhi from contractors working with CSIR or its National Laboratories/Institutes, Govt. Depts., Semi-Govt. Organizations, Institutional Campuses having an area of 5 acres and above and having successfully carried out minimum one/two/three similar works of amounting 80%/60%/40% value of estimated cost or above for providing minimum 25 safaiwalas in a single contract during last 5 years need to apply with proof of fulfilling the above conditions. The tenderers are required to produce proof of fulfilling these conditions along with the copy of valid licence under the contract labour Act (Regulation & Abolition) 1970, service tax, GST, PAN No./ TIN no., GST No. (Registered under Govt department) EPF/ESI etc. while making request for issue of Tender documents. 2. Estimated cost of the work is Rs /- (Rupees One crore seventy four lakh twenty one thousand six hundred Sixty five only) (Based on Market Rates). 3. Time for carrying out the work will be Twenty Four months and the date of commencement shall be reckoned from the tenth day of issue of award letter/intimation letter for the work. Rates quoted will be valid for Two years from the date of commencement. However, the contract may be extendable for one more year on mutually agreed upon terms and conditions, if the service rendered were found to be satisfactory. 4. Completed tender document to be complied with by the tenderer whose tender may be accepted can be seen at the book shop, NISCAIR Delhi Tender should be on the specified form (Non- transferable) which may be obtained up to 01/12/2017 upto 1700 hrs from Book shop, during office hour on payment of Rs. 1000/- (One Thousand only) Demand Draft in favour of Director, NISCAIR payable at Delhi. Tender documents can also be seen from our website (under the heading 'Tenders') and submitted along with tender fees and EMD in the form of Demand Draft favouring Director NISCAIR. 6. Tenders should be submitted in double sealed cover superscribed with the name of the work, date & time of opening written both on the inner and outer envelopes. They will be received up to 3.00 pm upto 04/12/2017 and will be opened at 3.30 pm on the same day in the Committee room no. 104 at Ist floor. Tenders should be dropped in the tender box before the closing date and time indicated. In case these are sent by post these should be sent by regd. Post / speed post addressed to Controller of Administration. Tenderers are to ensure that they post the tender well in advance so as to reach before the closing time and date indicated. 4

5 7. The Earnest money amounting to Rs. 3,48,500./- (Rupees Three Lakh forty eight thousand five hundred Only) as Demand Draft or pay order of a schedule bank and drawn in favour of Director, NISCAIR payable at Delhi should accompany the tender. Tenders received without earnest money will be invalid. 8. Earnest money will be fully forfeited if the contractor fails to commence the work as per letter of award. If any tenderer withdraws this tender within the validity period or makes any modification in terms and conditions of the tender which are not acceptable to the department, then NISCAIR shall without prejudice to any right or remedy, be a liberty to forfeit the Earnest Money absolutely. 9. Canvassing in connection with the tenders is prohibited and the tenders submitted by the contractor who resort to canvassing are liable for rejection. 10. The tenderer shall not be permitted to tender for works in the concerned unit of NISCAIR in which a relative is posted in the grade between controller of Administration and Concerned in-charge (both inclusive). He shall also intimate the names of persons who are working with him in any capacity or subsequently employed by him and who are relatives as mentioned above. Note: A person shall be deemed to be a relative of another if, and only if (a) they are members of a Hindu undivided family; or (b) they are Husband and Wife; or (c) the one is related to the other in the following manner: Father, Mother (including step mother), Son (including step son), Son s Wife, Daughter (including step Daughter), Father s Father, Son s Son, Son s Son s Wife, Son s Daughter, Son s Daughter Husband, Daughter s Husband, Daughter s Son, Daughter s Son s Wife, Daughter s Daughter, Daughter s Daughter s Husband, Brother (including step Brother), Brother s Wife, Sister(including step sister), Sister s Husband. 11. Tender submitted shall remain valid for 90 days from the date of opening for the purpose of acceptance and award of work. Validity beyond 90 days from the date of opening shall be by mutual consent. 12. Tender should be submitted in two parts. Part I should consist of all the technical bids details including their previous experience, nature of work to be carried out, number of trained manpower to be provided for each work etc and other parameters points. Part II should contain only the financial bids (price). Signed and sealed Part I and Part II should be kept in separate sealed covers. The cover for Part I should be superscribed as Comprehensive work for Cleaning & Disposal of Garbage at Pusa Campus, S.V. Marg Campus & Maharani Bagh Guest House New Delhi Part I (Technical) and the cover for Part II should be super-scribed as Comprehensive work for Cleaning & Disposal of Garbage at Pusa Campus, S.V. Marg Campus & Maharani Bagh Guest House New Delhi Part II (commercial). EMD should be kept in a separate sealed cover super-scribed as EMD Cleaning/ Housekeeping service and all the three covers should be kept in a big single sealed cover super-scribed as Comprehensive work for Cleaning & Disposal of Garbage at Pusa Campus, S.V. Marg Campus & Maharani Bagh Guest House New Delhi. 13. For due performance of his/their obligations under the contract, during the validity, the successful tenderers shall have to deposit 10% of the contract value ( inclusive of EMD amount) as Security Deposit which will be free of interest, immediately after conclusion of the contract. This security deposit is to be furnished in the form of Bank Guarantee as per the format furnished by the Institute from any of the Nationalised Banks or SBI or in the form of DD from any one of the scheduled banks. The security deposit will be forfeited in case of breach of contract. After successful completion of the contract, the security deposit will be refunded after adjusting dues if any to the Employer from the Contractor. 5

6 11. The tenderer shall quote rates both in figures and words. He shall also work out the amount for each item of work and write in both figures and words. On check, if there are differences between the rates quoted by the tenderer in words and in figures or in the amount worked out by him, the following procedure will be followed:- (i) When there is a difference between the rates in figures and in words. The rates which correspond to the amounts worked out by the tenderer shall be taken as correct. (ii) When the amount of an item is not worked out by the tenderer or it does not correspond with the rate written either in figure or in words, the rate quoted by the tenderer in words shall be taken as correct. (iii) When the rate quoted by the tenderer in figures and in words tallies but the amount is not worked out correctly the rate quoted by the tenderer shall be taken as correct and not the amount. (Signature of the Tenderer) 6

7 SCOPE OF WORK Introduction The National Institute of Science Communication and Information Resources (NISCAIR) is a constituent unit of Council of Scientific & Industrial Research (CSIR) The R & D programs being undertaken at NISCAIR are geared towards-meeting the information needs of the different segment of the society. Apart from bringing out a variety of scientific and technical, publications, providing information services and training in science communication, NISCAIR undertakes consultancy work in designing, editing and publication of journals, books, reports, etc. NISCAlR has also an active program in electronic publishing and IT facilities are also being developed. NISCAIR is situated in two campuses (1) Pusa Campus (near Pusa Gate). Dr K S Krishnan Marg, New Delhi (2) Satsang Vihar Marg Campus, 14, Satsang Vihar Marg, New Delhi (3) NISCAIR Guest House Maharni Bagh, New Delhi The Cleaning work is one unit/contract including garbage disposal of sister laboratory, the National Institute of Science Technology & Development Studies (NISTADS), TKDL and CSIR-IPU located along with NISCAIR in Pusa and NISCAIR SV Marg premises. Scope of the Work To clean the office premises by a.m. daily positively. For maintaining neat clean and hygienic office environment, collect the garbage and its environment friendly disposal, clearing of internal sewer lines. Whenever additional manpower is required, the contractor will have to arrange it on the minimum wage rates, statutory charges, etc. quoted by the contractor. It is proposed to award as one contract on job contract basis for services of cleaning work including Garbage disposal of both Campuses of NISCAIR. The specifications of the work involved are: 2.1 Requirement of cleaning work (including Garbage disposal) persons on job contract basis: (i) Present deployment of cleaning persons including Garbage disposal manpower are shown in table below: Manpower deployment: Location Cleaning persons Dr. K.S. Krishnan Marg, Pusa Campus Supervisor Semi-skilled Male Safaiwala and Garbage Disposal Persons Unskilled Female Safaiwali Unskilled S.V. Marg Campus NISCAIR Guest House Maharni Bagh Total Note: Contractor has to use his own three/four wheeler vehicle for the disposal of garbage to (MCD) Khatta) daily from the garbage pits from both the campuses/locations. Contractor should find out and 7

8 negotiate regarding the place of disposal (MCD) Khatta) also on his own. Any expenditure, if required has to be met by the contractor. PAYMENT TERMS: DECLARATION BY THE TENDERER I,, declare that I have submitted my tender for the work Described in the tender after acquainting myself fully with the details of work involved and after Understanding the responsibilities to be discharged by me under this contract and have read the complete tender very carefully. SIGNATURE OF THE TENDERER SEAL OF FIRM/COMPANY 8

9 GENERAL INSTRUCTIONS 1. Before tendering, the tenderer shall inspect the site to fully acquaint himself about the condition in regard to accessibility of site, nature and extent of ground, working condition of site and locality including stacking of materials, installations of tools and plants etc., conditions affecting accommodations and movement of labour etc. required for the satisfactory execution of the work contract. No claim whatsoever on such account shall be entertained by the Employer in any circumstances.no material will be supplied by the department. Contractor has to arrange all the material and T&P for completion of the work. Selection of material to be used in the work will rest with the employer. 2. The work is to be carried out in running office; the contractor should plan the execution in such a way that working of office is not disturbed. 3. Any damages incurred during work execution shall be rectified by the contractor at his own cost. 4. Payment Terms: i) The payment to the firm shall be made on Monthly basis, subject to satisfactory performance and completion of works as per listed scope of work. ii) If performance is not found satisfactory, payment for that period will be forfeited and if un-satisfactory performance is continued then contract is liable to be terminated. 5. Mode of Payment: The relevant details of bank account may be furnished for Electronic Clearance System (ECS). The beneficiary is requested to either provide the Photostat copy of cancelled cheque or to take attestation from concerned bank, as a documentary support. i) Bank account No. branch name & complete address of the bank. ii) digit IFSC (Indian Financial System Code) of the bank. iii) 9 digit MICR (Magnetic ink Characters Recognition) code of the bank. vi) PAN no. & TAN no. in the name of firm. v) Phone no./mobile no/ and address of the bank. 6. TDS & WCT (as applicable) will be deducted from the bill. 9. One-month notice will be given by either party for termination of the contract during the tenure of contract for breach of clause or otherwise. 10. Corrupt or Fraudulent Practices: i) Bidders & Suppliers shall observe the highest standard of ethics during the procurement and execution of the contract. ii) NISCAIR will reject a proposal for award if it determines that the Bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question. iii) NISCAIR will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a contract if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for this bid, or in executing the contract. 9

10 11. The Employer does not bind himself to accept the lowest or any tender and reserves to himself the right of accepting the whole or any part of the tender and the tenderer shall be bound to perform the same at the rates quoted. 12. Except writing rates and amount the tenderer should not write any conditions or make any changes, additions, alterations and modifications in the printed form of tenders. Tenderers who are desirous to offer rebate, the same should be brought out separately in the covering letter and submitted along with the tender. 13. Any action on the part of the tenderer to influence any officer of the Employer or canvassing in any form shall make the tender liable for rejection. 14. All works shall be executed as per detailed specifications and as directed by an officer/official nominated by the Employer. 15. The Scope of work are approximate and likely to vary on either side. 16. Time is the essence of this contract. In case the Contractor fails in fulfilling the obligations fully and in time, the Employer shall have the absolute right to take up the work at the Contractor s cost and risk and recover any and all such expenses from the amounts due to the Contractor including Security Deposit. The Institute shall have right to impose penalty commensurate with the fault and amount towards damages if any, shall be recovered from the bill. 17. The Contractor will be required to bring all Tools, Material and Labour required for proper execution of work. 18. The Contractor shall abide by all laws and regulations and statutory obligations in force from time to time including labour laws and shall indemnify the Employer from any claims in this regard. 19. The Contractor will be required to depute semi- skilled manpower as may be needed to supervise and guide the workers for proper execution of the work as per directions of the Officer-in-charge nominated by Employer to administer the contract. 21. All letters posted to Contractor at the address given by him will be considered to have been delivered in time. 22. If it is observed at any stage that the quality of the work is not satisfactory, the contract/ work order as a whole may be terminated and Security deposit forfeited. The Contractor will have no claims what so ever on the Employer. 23. In case it is found at a later date that the work done is of inferior quality and proper action was not taken at the time of execution of the work, the Contractor shall remain liable to pay compensation to the Institute for the inferior works as determined by the Employer and in case all payments have been made to the Contractor for this work, this amount may be deducted from any sum due to the Contractor on any other work within the Institute. 24. Water and Electricity required for the work shall be provided free of cost by the Employer. 25. Contractor will be fully responsible for any accident or mishaps involving workers engaged by the Contractor and the Contractor would pay claims made by these victims. The Contractor shall indemnify the Employer from any claims arising out of accidents, disabilities of any nature or death or arising out of provisions under law, or any other nature in respect of all workers engaged by the Contractor. The contractor will fully indemnify Employer against all claims in this regard. 26. The contractor shall identify the personnel to be deployed exclusively for the cleaning of all the toilets in the area mentioned. The contractor shall be responsible for cleaning as well as security of the toilet fixture handed over at the time of commencement of the contract. In case of items/fixtures stolen/broken due to the 10

11 fault of the contract personnel from the toilets, either the penalties to recover the cost shall be imposed or the contractor shall have a choice to replace these fixtures of the same quality & under approval from nodal officer appointed by the Employer. 27. It will be the sole responsibility of the contractor to abide by the provisions of the following acts as to the workers engaged by him for performance of this contract: a. Employment of Children Act b. Workmen compensation Act c. Employment of Labour/Contract Labour Act d. Industrial Employment Act e. Contract Labour Abolition & Regulation Act f. Minimum Wages Act g. Employee Provident Fund Act h. Any other act or legislation, which may govern the nature of the contract. 28. Any liability arising on the Employer shall be deducted from the bills of the contractor and if the full amount is not recovered then the same shall be recovered from the security money of the contractor. There would be no liabilities towards the workers of the contractor to the Employer. 29. The Employer through its officers, reserves the right of altering the specifications of works of adding to or omitting any items of work or of having portions of the same carried out in the Institute by others and such alterations and variations shall not violate this contract. 30. The Contractor is required to post his authorized representative at the site of the work who shall receive the instructions from the Officer from time to time. All such instructions received by the authorized representative on behalf of the Contractor shall be deemed to have been received by the Contractor within the scope of this work order. 31. In the event of the contractor failing to execute the Housekeeping Work assigned under contract in whole or in part an alternative arrangement will be made by the Employer totally at the cost & risk of contractor besides any suitable fine /penalty. 32. The contractor shall be liable to pay compensation for any loss & damage caused to the property of the Employer or its Staff Members/Students/Visitors by the contractor or his workers. 33. The contractor shall be personally responsible for the conduct of his staff and in case of any complaint against any of his staff, the contractor will be under an obligation to change the worker concerned when instructed by Employer authority. The contractor shall observe all the laws and will be responsible for any prosecution or liability arising from breach of any of those laws. The Employer shall not and cannot hold any responsibility with regard to staff on the role of the contractor what so ever. 34. The contractor & his staff shall follow the rules & regulations of the Employer in force and instructions issued from time-to-time. The Employer will be free to take action against the contractor for violating the same. 35. The Employer reserves the right to terminate the contract without assigning any reason by giving a notice of three months. The contractor will also have to serve a notice of 3 months, if he wishes to terminate the contract. 36. In the event of any dispute arising out of or in connection with this contract, whether during the subsistence of the contract or there after the matter shall be referred to the Employer or any other officer nominated by the Employer for arbitration whose decision shall be final and binding on the parties. The contractor agrees that the arbitrator could be an employee of the Institute & shall not have any objections in this regard. The proceedings before the arbitrator would be governed by the provision of the Arbitration Act

12 37. The personnel of Contractor should observe only closed holidays. The services of employees of Contractor should be made available on all days on six day week basis in a month irrespective of holidays except on Sundays. 38. A verification report in respect of all the personnel of contractor from the concerned police station of concerned residential areas should be submitted and also list of employees with bio-data of each employee posted to the Institute along with photo and thumb impression should be handed over to the Officer-in-Charge of the Employer. Any changes should be informed immediately. The personnel engaged by the contractor should have minimum literacy level. 39. The Contractor shall be fully responsible for providing leave benefits, weekly offs, National & Festival holidays etc., to the personnel deployed and as and when any of personnel comes late or proceeds on leave or absents himself/herself, it will be the prime responsibility of the contractor to provide a suitable substitute. 40. The contractor shall not lease or sub-contract the whole or any part of the contract to anybody without the prior permission of the Employer. 41. The contractors should make payment to the workers before 7th of every month and there should be no linkage between this payment and settlement of the contractor s bill from the Employer. (Signature of Tenderer with the seal of the firm) 12

13 PART I (TECHNICAL DETAILS) Technical Details should be provided in the prescribed format i.e. Annexure I,II,III which should inter alia contain the following: a. The tenderer should furnish the proof of his experience of providing sanitation/ housekeeping service in large hospital, research institute or reputed organization. The contractor should furnish the details of staff strength, qualification & experience of his supervisory staff, office address for correspondence, contact telephone numbers etc. The details of the supervisory staff and number of field workers for each work to be deployed for this contract should be indicated separately. Work done certificate for having successfully executed/completed similar works during the last 5 years ending last day of March of the current year, should be either of the following i) Three similar completed works costing not less than the amount equal to 40% of the estimated cost OR ii) Two similar completed works costing not less than the amount equal to 60% of the estimated cost OR iii) One similar completed work costing not less than the amount equal to 80% of the estimated cost. Similar work means execution of cleaning, house keeping, sanitary works. The work completion certificate should mention the details of work executed, the date of commencement and date of completion of the work. b. Tenderer should supply the list & quantity of necessary equipment, tools and implements, he possesses for the works such as pans, carts, wheel barrows, trolleys,, spades, ladders, bamboo, and the details of such items which can be exclusively deployed for this work. c. An Earnest Money Deposit of Rs 3,48,500/- will have to be furnished along with tender documents in the form of DD / Bankers cheque from any one of the Scheduled banks drawn in favour of Director NISCAIR and payable at Delhi, which will be adjusted towards the Security Deposit, if the contract is awarded to him/her/firm. d. The tenderer must have annual financial turnover during the last 3 years ending 31st March of the previous financial year not less than 30% the amount to tender (estimated cost) in each financial year which shall be duly certified by a Chartered Accountant. e. PAN details of the firm has to be indicated along with a certified copy. f. An affidavit duly certified by a Notary that the Partners of the firm or sole proprietor or Company as the case may be, has never been black listed or changed the name of the firm. The contractor will be 13

14 responsible for the persons deployed for work at site after necessary verifications etc. Done at their level. g. An affidavit duly certified by a Notary that there is no police case/vigilance enquiry pending against the Partners of the firm or sole proprietor or Company as the case may be, and that has never been punished by any Hon ble Court. h. Names/address of two persons who can vouch for the credentials of the contractor and stand surety. i. The entire tender document should be duly signed & sealed by the tenderer. j. The tenderer shall submit the information regarding his firm in the format enclosed as Annexure I,II, and III as part of Technical bid along with terms & conditions (duly signed) of Housekeeping Work at CSIR - NISCAIR Pusa campus, New Delhi. The tenderer must have E.P.F. /E.S.I.C Registration number as per the rules to contribute to E.P.F./E.S.I.C. l. The workers must be provided with uniform/shoes and other materials for safety and safe handling of chemicals, etc. by the contractor. They should maintain personal hygiene. They should behave politely and amenable to discipline. m. If in the opinion of the Employer" the performance of any of the persons deployed is not satisfactory or he/she is not amenable to discipline or their behavior is not conducive to retain them for the work, he/she should be replaced immediately. n. All copies of documents submitted by the tenderer should be attested by a Gazetted Officer or a Notary, otherwise the bids are liable for disqualification. The original documents should be produced for verification at any stage of tender process as and when sought for, failing which, the bids are liable for disqualification. PART II (Financial (PRICE)-BID) a. Price bid should be in the format enclosed with tender at PRICE-BID Part II in separate sealed cover. Failure to provide price bid in a sealed separate cover will result in invalidation of the offer. b. Tender envelope should be sealed by sealing wax. The envelopes containing Technical Bid, Price Bid & EMD should be in separate sealed covers and all the three covers should be put in one sealed cover as indicated above. c. The tender should be clearly filled and signed in ink legibly or type written giving full address of the tenderer. The tenderer should quote in figures as well as in words the amount tendered by him. Alteration if any, unless legibly attested by the tenderer with his full signature shall invalidate the tender. The tenderer should duly sign the entire tender documents personally. d. The tenderer should ensure that the amounts are written in such a way that interpolation is not possible. No blank space should be left. e. Failure to fulfill any of the conditions given above shall render the tender liable for rejection. f. The quantity of material to be provided is as per Schedule of Quantities (annexure IV and V). 14

15 GENERAL CONDITIONS OF CONTRACT 1. The persons deployed by the contractor for the services shall be the employees of the contractor for all intents and purposes and that the persons so deployed shall remain under the control and supervision Of the contactor and in no case, shall a relationship of employer and employee between the said persons and the CSIR shall accrue/arise implicitly or explicitly. 2. On taking over the responsibility of the work assigned the Contactor shall formulate the mechanism and duty assignment of work to its personnel in consultation with Director of the Lab./Instt. or his nominee. Subsequently, the contactor shall review the work assigned from time to time and advise the Director of the Lab./Instt. for further streamlining their system. The contractor shall further be bound by and carry out the directions/instruction given to him by the Director of the Lab./Instt. or the officer designated by the Director in this respect from time to time. 3. Director of the Lab./Instt. or any person authorized by the Director shall be at liberty to carry out surprise check on the persons as deployed by the Contractor in order to ensure that persons deployed by him are doing their duties. 4. In case any of the persons so deployed by the Contractor does not come up to the mark or does not perform his duties properly or commits misconduct or indulges in any unlawful riot or disorderly conduct, the contractor shall immediately withdraw and take suitable action against such persons on the report of the Lab. Instt / CSIR in this respect. Further, the Contractor shall immediately replace the particular person so deployed on the demand of the Director of the Lab./Instt/CSIR in case of any of the aforesaid acts on the part of the said person. 5. In case total cost quoted by more than one firm is at par with L1 cost then L1 will be decided further on the criteria of average maximum turnover of the firm in last three years. 6. The bidder should not write any conditions or make any changes, addition, alterations and modifications in the printed form of tender document, falling which the bidder will be treated ad disqualified. 7. As per the notification issued by CSIR, vide OM no.14(6)/1/86-e II dated 6/ , The labs./instts may ensure that whenever new job contracts are awarded, it should be ensured that no worker deployed by the earlier contractor is re-deployed. To ensure this, an undertaking may also be obtained from the concerned contractor in writing that no workers deployed by the earlier contractor will be engaged and re-deployed in the Lab./Instt. B. CONTRACTOR S OBLIGATIONS 1. The contractor shall carefully and diligently perform the work assigned to him as mentioned, as deemed fit by him in consultation with the lab. 2. For performing the assigned work, the Contractor shall deploy medically and physically fit persons. The Contractor shall ensure that the persons are punctual and disciplined and remain vigilant in performance of their duty. 3. The Contractor shall submit details, such as names, parentage, residential address, age, etc. of the persons deployed by him in the premises of the Lab./Instt./CSIR. For the purpose of proper identification of the employees of the Contractor deployed for the work, he shall issue identity cards bearing their photographs/identification, etc. and such employees shall display their identity cards at the time of duty. 4. The Contractor shall be liable for payment of wages and all other dues which they are entitled to receive under the various labour laws and other statutory provisions. 5. The Contractor shall at his own cost, if required, take necessary insurance cover in respect of the 15

16 aforesaid services rendered to CSIR and shall comply with the statutory provisions of Contract Labour (Regulation & Abolition) Act, 1970, Employees State Insurance Act, Workman s Compensation Act, 1923, Payment of Wages Act, 1936, The Employees Provident Fund (and Miscellaneous Provisions) Act, 1952, Payment of Bonus Act, 1965, The Minimum Wages Act, 1948, Employer s Liability Act, 1938, Employment of Children Act, 1938, Maternity Benefit Act and / of any other Rules/regulations and / or statutes that may be applicable to them. 6. The Contractor shall be solely responsible for any violation of provision of the labour laws or any other statutory provisions and shall further keep the CSIR indemnified from all acts of omission, fault, breaches and/or any claim, demand, loss, injury and expense arising out from the non-compliance of the aforesaid statutory provisions. Contractor s failure to fulfil any of the obligations hereunder and /or under the said Acts, rules/regulations and/or any bye-law or rules framed under or any of these, the CSIR shall be entitled to recover any of such claims, demand, loss or injury, from the Contractor s monthly payments. 7 The Contractor shall be required to maintain permanent attendance register/roll within the building premises which will be open for inspection and checking by the authorized officers of CSIR/Lab./Instt. 8 The Contractor shall make the payment of wages, etc to the persons so deployed in the presence of representative of the Lab./Instt./CSIR and shall on demand furnish copies of wage register/muster roll, etc. to the Lab./Instt. for having paid all the dues to the persons deployed by him for the work under the Agreement. This obligation is imposed on the Contractor to ensure that he is fulfilling his commitments, towards his employees so deployed, under various laws, having regard to the duties of CSIR in this respect as per the provisions of Contract Labour (Regulation and Abolition) Act, The Contractor shall comply with or cause to be complied with the Labour regulations from time to time in regard to payment of wages, wage period deductions from wages, recovery of wages not paid and deductions unauthorized made, maintenance of wages book, wages slip, publication of scale of wages and terms of employment, inspection and submission of periodical returns. 9. The Contractor shall submit the proof of having deposited the amount of ESI & EPF contributions towards the persons deployed at CSIR Lab/Instt. in their respective names before submitting the bill for the subsequent month. In case the Contractor fails to do so, the amount towards ESI & EPF contribution will be withheld till submission of required documents. 10 The Contractor shall take all reasonable precautions to prevent any unlawful riot or disorderly conduct or acts of his employees so deployed and ensure preservation of peace and protection of persons and property of CSIR. 11 The Contractor shall deploy his persons in such a way that they get weekly rest. The working hours/leave, for which the work is taken from them, do not violate relevant provisions of shops and Establishment Act. The Contractor shall in all dealings with the persons in his employment have due regard to all recognized festivals, days of rest and religious or other customs. In the event of the Contractor committing a default or breach of any of the provisions of the Labour Laws including the provisions of Contract Labour (Regulation and Abolition) Act 1970 as amended from time to time or in furnishing any information, or submitting or filling any statement under the provisions of the said regulations and rules which is materially incorrect, he shall without prejudice to any other liability pay to the Director of Lab./Instt. a sum as may be claimed by Lab./Instt./CSIR. 12 The Contractor shall remove all workers deployed by him on termination of the contract or on expiry of the contract from the premises of the Lab./Instt. and ensure that no such person create any disruption/hindrance/problem of any nature in Lab./Instt. either explicitly or implicitly. 13 The security money so deposited shall be liable to be forfeited or appropriate in the event of unsatisfactory performance of the Contractor and / or loss / damage if any sustained by the Institute on account of the failure or negligence of the workers deployed by him or in the event breach of the agreement by the Contractor. 14 The security will be refunded to the Contractor within one month of the expiry of the contract only on the satisfactory performance of the contract. 15 The Contractor shall keep the CSIR indemnified against all claims whatsoever in respect of the 16

17 employees deployed by the Contractor. In case any employee of the Contractor so deployed enters in dispute of any nature whatsoever, it will be the primary responsibility of the Contractor to contest the same. In case CSIR is made party and is supposed to contest the case, the CSIR will be reimbursed for the actual expenses incurred towards Counsel fee and other expenses which shall be paid in advance by the Contractor to CSIR on demand. Further, the Contractor shall ensure that no financial or any other liability comes on CSIR in this respect of any nature whatsoever and shall keep CSIR indemnified in this respect. 16 The Contractor shall further keep the CSIR indemnified against any loss to the CSIR property and assets. The CSIR shall have further right to adjust and / or deduct any of the amounts as aforesaid from the payments due to the Contractor under this contract. 17 Rates quoted by the contractor shall include GST/sales tax/vat purchase tax, turnover tax, duties, octroi, toll tax, royalties and all other taxes in respect of the contract as applicable as per government guidelines. The employer shall not entertain any claim whatsoever in this respect. However, in respect of GST, same shall be paid by the contractor to the concerned department on demand and it will be reimbursed to him by the department after satisfying that it has been actually and genuinely paid by the contractor. The applicable and eligible GST shall be reimbursed preferably within 07 days but not later than 30 days of submission of documentary proof of payment provided same are in order..tendered rates are inclusive of all taxes and levies payable under the respective statutes. However pursuant to the Constitution (Forty Sixth Amendment) Act, 1982 if any further tax of receipt of tenders and the contractor thereupon necessarily and properly pays such taxes /levies the contractor shall be reimbursed the amount as per the rules on producing proof of payment so made provided such payments, if any, is not in the opinion of the Employer(whose decision shall be final and binding) attributable to delay in executing of work within the control of the contractor. 18 The contractor shall keep necessary books of accounts and other documents for the purpose of this condition as may be necessary and shall allow inspection of the same by a duly authorized representative of the Employer and further shall furnish such other information and documents as the Employer may require. 19 The contractor shall within a period of thirty days of imposition of any further tax or levy pursuant to the Constitution (Forty Sixth Amendment) Act,1982 give a written notice thereof to the Employer that same is given pursuant to this condition together with all necessary information relating thereto. 6. CSIR S OBLIGATIONS a. In consideration of the services rendered by the Contractor as stated above, he shall be paid a lump sum on monthly basis. Such payment shall be made by the 10 th day of the month on the basis of the bills raised by the Contractor and duly certified by the officer designated by Lab./Instt./ in this regard. b. CSIR/Lab./Instt. shall reimburse the amount of GST, if any paid by the Contractor to the authorities on account of the services rendered by him. This reimbursement shall be admissible on production of proof of deposit of the same by the Contractor. c. The payment on account of enhancement/escalation charges of revision in wages by the appropriate Govt. from time to time shall be payable by CSIR to the contractor. d. That the CSIR/ NISCAIR, New Delhi shall reimburse the amount of GST, if any, paid by the contractor to the authorities on account of the services rendered by him. This reimbursement shall be admissible on production of proof of deposit of the same by the contractor. 7. PENALTIES / LIABILITIES a. The Contractor shall be responsible for faithful compliance of the terms and conditions of this agreement. In the event of any breach of the agreement, the same may be terminated and the security deposit will be forfeited and further the work may be got done from another agency at his risk and cost. b. If the Contractor violates any of the terms and conditions of this agreement or commits any fault or his services are not to the entire satisfaction of officer authorized by the Director of Lab in this behalf, a penalty leading to a deduction upto a maximum of 10% of the total amount of bill for a particular month will be imposed. 17

18 c. For non supply of cleaning consumables/items and consumables/items in the scope of work, the amount shall be deducted as per the market rates for the particular item. For non providing of machinery as mentioned in the scope of work, Rs. 500/- per day shall be deducted for each machine. 8. COMMENCEMENT AND TERMINATION a. That this agreement may be terminated on any of the following contingencies:- b. On the expiry of the contract period as stated above c. By giving one month s notice by CSIR on account of: i) Committing breach by the Contractor of any of the terms and conditions of this agreement. ii) Assigning the contract or any part thereof to any sub contractor by the Contractor without written permission of the Lab./Instt. d. On Contractor being declared insolvent by competent Court of Law. During the notice period for termination of the contract, in the situation contemplated above, the Contractor shall keep on discharging his duties as before till the expiry of notice period. e. If the contractor wishes to surrender the contract during contract period, he will have to give prior notice of two months. 9. ARBITRATION a. In the event of any question, dispute/difference arising under the agreement or in connection herewith (except as to matters the decision of which is specially provided under this agreement) the same shall be referred to the sole arbitration to DG CSIR or his nominee. b. The award of the arbitrator shall be final and binding on the parties. In the event of such arbitrator to whom the matter is originally referred is being transferred or vacating his office or resigning or refusing to work or neglecting his work or being unable to act for any reason whatsoever, the Director- General, CSIR shall appoint another person to act as arbitrator in place of the out-going arbitrator In accordance with the terms of this agreement and the person so appointed shall be Entitled To proceed with the reference from the stage at which it was left by his predecessor. c. The Arbitrator may give interim award(s) and/or directions, as may be required. d. Subject to the aforesaid provisions, the Arbitration & Conciliation Act, 1996 and the rules made here under and any modification thereof from time to time being in force shall be deemed to apply to the arbitration proceedings under this clause. (Signature of Tenderer with the seal of the firm) 18

19 SPECIAL TERMS & CONDITIONS OF CONTRACT 1. The contractor shall maintain register for marking the attendance by housekeeping personnel deployed by him, which can be seen/verified by the Incharge or an authorized officer of NISCAIR periodically. 2. The contractor shall furnish necessary certificate or intimation proof to the police authority about police verification of character and antecedents of all the personnel to be engaged for housekeeping duty. He will also provide a complete list of the Safaiwala to be deployed in this office indicating their names, father's name, local address, with stamped photographs and permanent home address on company's letter head to the In-charge of NISCAIR. Any changes in the list will be immediately informed subsequently with all the above details. The successful contractor should submit full details of the individual employee along with their individual Bank Account (preferably at nearby branch of the Bank), ESI and EPF Account No. or a proof therein (copies of the respective applications of the individuals may be attached) by 10th day of the implementation of the contract. 3. The contractor shall issue photo-identity cards to his personnel deployed in the building for performing duty, which will be signed by him and displayed by them on their person while they are in the premises of NISCAIR. 4. The deployed manpower must wear proper uniform and Badges displaying their names along with I-card issued by contractor. The two nos. uniform annually to each safaiwala and other needed materials will be provided by the contractor at his own cost. They should maintain personal hygiene and should have politely and amenable to discipline. Two sets of uniform + Identity card + 1 pair of safety shoes will be given to all the workers within 15 days of award of work and it will be replaced as and when required. No workman will be allowed to enter NISCAIR premises without uniform & identity card issued by the contractor. The contractor shall be responsible for proper maintenance of decorum, punctuality, discipline and work output. The personnel so deployed should be in a proper and neat and clean well-dressed uniform. The choice of color of the uniform will be decided in consultation with NISCAIR. Non compliance of uniform shall attract Rs 500/- per person per month which shall be recovered from the monthly bill. 5. The contractor shall make payment of wages by online (NEFT/ RTGS) to his personnel engaged by him by 7th of the following month, so that there is no disruption in the performance of duties of the deployed personnel. The work relating to cleaning, housekeeping is proposed to be get done through reputed agency using mechanized 19

20 equipments and gadgets on monthly payment basis as per labour laws applicable to Govt. of NCT, Delhi and tenders are invited for the work. Wages should be according to Minimum Wages Act and other Statutory Acts applicable for National Capital Region of Delhi. NISCAIR reserves the right to check periodically payment of wages made by him to housekeeping personnel deployed. The payment by the contractor to his staff including extra manpower, whenever deployed, should be done on pre defined date in one go by online mode. In the event of contractor s failure to pay the minimum wages alongwith other emoluments and bonus etc. to his employees by the due date of the current month, he shall be given maximum two reminders and time limit of two weeks to make the payment and if he still fails to comply with, NISCAIR would make the payment to the worker directly. Such payments made on behalf of the contractor will be recovered from the bill of the month concerned and the penalty clause will also be implemented by the implementation committee after due approval of the Director. 6. It shall responsibility of contractor to ensure that he pays his employee s wages before 7 th day of each month, which are not less than minimum wages prescribed by the union govt. / state govt. in Delhi and / or required under the labour act. In the event of contractor s failure to pay the minimum wages by 7 th day of each month and the fault of non-payment of workers found at contractor end than a penalty leading to a deduction of 10 % of the total amount of bill for a particular month may be imposed. 7. The contractor shall properly maintain and account for all the items of furniture, registers. etc. provided by NISCAIR. 8. The contractor shall at their own cost, if required, take necessary insurance cover in respect of the aforesaid services rendered to NISCAIR/CSIR and shall comply with the statutory provisions of relevant Contract Labour (Regulation & Abolition) Act, 1970; Employees State Insurance Act; Workman's Compensation Act, 1923; Payment of Wages Act, 1936; The Employees Provident Fund (and Miscellaneous Provisions) Act 1952; The Payment of Bonus Act 1965; The Minimum Wages Act, 1948; Employer's Liability Act, 1938; Employment of Children Act, 1938 and/or any other Rules/regulations and/or statutes that may be applicable to them and shall further keep the CSIR indemnified from all acts of omission, fault, breaches and/or any claim, demand; loss; injury and expense arising out from the non compliance of the aforesaid statutory provision. Contractor's failure to fulfill any of the obligations hereunder and/or under the said Acts, rules/regulations and or any bye-laws or rules framed under or any of these, the CSIR shall be entitled to recover any of the such losses or expenses which it may have to suffer or incur on account of such claims, demands, loss or injury from the contractor s monthly payments. 9. No Safai personnel will be permitted to use any part of the NISCAIR complex for residential purpose except in exceptional circumstances with the permission of the Director, NISCAIR. 10. Non-compliance with any of the conditions by contractor will lead to termination of contract and forfeiture of the amount of Bank-Guarantee/FDR as per decision of the authority. 11. The contractor shall be required to sign an agreement on a non-judicial stamp paper of appropriate value for satisfactory performance of housekeeping of the building contract. 20