Cleaning of Outside Areas and Multistoried Buildings in CLRI Residential areas at CSIR-CLRI, Chennai.

Transcription

1 TENDER DOCUMENT FOR Cleaning of Outside Areas and Multistoried Buildings in CLRI Residential areas at CSIR-CLRI, Chennai. No.9(1)/Qtrs. Maint./Genl./2019 CSIR-CLRI, Chennai E-IV Section 1 P a g e

2 CONTENTS Sl. No. Description Page No. 1. Tender Notice 3 2. Instructions to Bidders 5 3. Schedule of Work 8 4. General Terms And Conditions Model Response Format for Technical Bid Model Response Format for Price Bid Model Agreement 16 2 P a g e

3 TENDER NOTICE SEALED TENDERS under Two Bid System (Technical Bid and Price Bid) are invited from registered and experienced contractors who have executed Quarters Maintenance work satisfactorily during the last five years either in CSIR or in Government Departments / Public Sector Undertakings / reputed private organizations for the following service contract at CLRI, Chennai. Sl. No. 1. Name of work Cleaning of Outside Areas and Multistoried Buildings in CLRI Residential areas at CSIR-CLRI, Chennai Annual Estimate Value Rs Lakhs EMD Rs.61,000/- Duration One year (Initially for a period of one year extendable for one more year on mutual acceptance based on performance) The Firm must have its working office / branch in Chennai (proof must be submitted) and should have executed at least single work of Quarters Maintenance of annual value (80% of EV) / two works (50% of EV) of each / three works (40% of EV) of each per annum satisfactorily in CSIR or in Government Department / PSUs / Reputed private organizations. The prospective tenders may satisfy themselves about the requirements by visiting the institute on any working day (Monday to Friday) between 9.30 a.m. and 4.00 p.m. before submitting their tender. Tender documents downloaded from CLRI website during the above period. Tender document must accompany Tender Document fee of Rs.500/- (non-refundable) along with the Technical Bid. Tender documents without Tender Document fee shall be rejected. TENDER FEE of Rs.500/- has to be paid in through, -> Epayments -> Click Proceed-> Select Payment Category as PURCHASE/ADMIN -> Select Type of payment as Tender Doc. Fee -> do the payment and download the receipt. Tender Document Fee is Non Refundable. Sealed tenders (along with EMD of Rs.61,000/- which will be refunded in respect of unsuccessful tenderers) by way of Demand draft from a nationalized / scheduled bank drawn in favour of the Director, CLRI, Chennai, along with Technical Bid) superscribing the Name of work and Tender Opening date on the envelope, should reach the Section Officer E.IV, Central Leather Research Institute, Adyar, Chennai latest by a.m on which would be opened on the same day i.e at a.m in the presence of tenderers or their authorized representative, if any present. 3 P a g e

4 Concessions to the bidders registered with NSIC, shall be applicable as per the directives of Govt. of India. During bid evaluation EMD exemption shall be granted to NSIC Registered firm. The bidder should submit the registration document of his / her firm, failing which bid will be rejected. Director, CSIR-CLRI, Chennai reserves the right to accept or reject any offer without assigning any reasons thereof. Schedule for Submission & Opening of Bids: Submission of Bids a) Part I Technical Bid and b) Part II Price Bid Opening of Part I (Technical Bid) Due Date & Time a.m a.m ADMINISTRATIVE OFFICER 4 P a g e

5 INSTRUCTION TO BIDDERS The interested tenderer may submit their tender document complete in all respects along with Tender Fee / Earnest Money Deposit (EMD). The EMD should be submitted in its original form, without EMD the tender will not be accepted. CSIR-CLRI will not be responsible for any postal delay. Eligibility for participation in the tender: I. The bidder should have office/branch office located in Chennai area (Tax Receipt / Water Charge Bill / Electricity Bill / Telephone Land Line Bill etc. in the name of the firm should be submitted as address proof). II. III. IV. Registered Firm Valid Labour license issued from Chief Labour Commissioner (central) / Licensing Officer (Govt. of Tamilnadu) GST Registration V. Employees Provident Fund (EPF) Registration VI. VII. Employees State Insurance Corporation (ESIC) Registration Having PAN VIII. One / Two / Three works of Quarters Maintenance of annual value (80% / 60% each / 40% each) in the last five year in CSIR or in Government Department / PSUs / Reputed private organizations. (Phase/Part completion of work shall not be considered for satisfactory completion of work for the purpose of experience). IX. Having Current Bank Solvency Certificate 5 P a g e

6 Following 02 (Two) Covers shall be submitted by the bidder: COVER-I (Technical Bid): 1. Payment proof of Tender Fee 2. EMD. 3. Permanent Account Number (PAN) 4. Goods & Service Tax (GST) Registration 5. Employees Provident Fund (EPF) Registration 6. Employees State Insurance Corporation (ESIC) Registration 7. Valid Labour license issued from Chief Labour Commissioner (central) / Licensing Officer (Govt. of Tamilnadu) 8. Having satisfactorily completion certificate along with work order of Quarters Maintenance job of 80% value of estimated cost / two works of 60% value / three works of 40% value of the estimated cost during last five years (as on tender published) in CSIR or in Government Department / PSUs / Reputed private organizations. (Phase / Part completion of work shall not be considered for satisfactory completion of work for the purpose of experience). 9. Current Bank Solvency Certificate 10. Address proof of Office / Branch office located in Chennai & surroundings area. Viz. Tax Receipt / Water Charge Bill / Electricity Bill / Telephone Land Line Bill etc. in the name of firm. 11. Registration document of the firm for getting concessions to the bidders registered with NSIC, as per the directives of Govt. of India. Tenderers are required to number all the pages of the Technical Bid in BLACK / BLUE INK and append signature at the every pages. 6 P a g e

7 Cover-II: (Financial Bid) The bidder shall fill the schedule of rates as follows: 1. Bidders are requested to submit the Financial Bid in the format provided and no other format is acceptable. 2. Director, CSIR-CLRI, reserves the right to reject any or all the tenders or to accept them in part or to reject lowest tender without assigning any reason whatsoever. Director, CSIR- CLRI also reserves the right to call off tender process at any stage without assigning any reason. 3. Director, CSIR-CLRI reserves the right to disallow issue of tender document to working agencies whose performance at ongoing project(s) is below par and unusually poor and has been issued letter of restrain / Temporary / Permanent debar by any department of CSIR- CLRI. Director, CSIR-CLRI reserve the right to verify the credential submitted by the firm at any stage (before or after the award of work). If at any stage, any information / documents submitted by the applicant is found to be incorrect / false or have some discrepancy which disqualifies the firm then CSIR-CLRI shall take action as per CSIR-CLRI guidelines. 4. In case Tender value quoted by two or more agencies are equal, L1 will be decided by considering the highest number of completed valid works as submitted by bidder. In case, L- 1 cannot be decided at this stage as per the above criterion, the total contract amount of all the completed valid works done by bidders shall be considered and the bidder having highest total amount, will be considered as the L-1 for the purpose of award of work. 5. If any information furnished by the applicant is found incorrect at a later stage also, he / she shall be liable to be debarred from tendering / taking up of works in CSIR-CLRI. The department reserves the right to verify the particulars furnished by the applicant independently. 7 P a g e

8 SCHEDULE OF WORK 1. The Schedule of work to be performed by the Contractor is as follows: a) Cleaning of common places like staircase landing and ground floor daily and removing cobwebs in corridors, roofs, side walls in all the three blocks including the new blocks and old staff quarters and outside the residential flats and dispensary at least once a month. Approximate Area..3,56,500 Sq.ft b) Cleaning the black topped roads twice in a week Approximate Area..87,480 Sq.ft c) Cleaning the storm water drains once in two weeks Approximate Area..6,250 Sq.ft d) Cleaning the growth of grass on either side of the roads in the residential campus once a month Approximate Area..48,000 Sq.ft e) Cleaning and sweeping around K.G. School, Kendriya Vidyalaya, Creche, Dispensary and staff Club buildings once a week. f) Removal of garbage from chute rooms and dustbins in all blocks and quarters every day and transporting them to the vermin composting site near Dispensary, Cleaning of chute pipes once a month in the MS Blocks of Type V, IV, III and II. g) Cleaning of manholes and removal of choking materials from sewer lines gully trap regularly, including manholes of other blocks, Scientist Apartments (341 Nos. of quarters in all), Dispensary, Kendriya Vidyalaya, K.G. School, Creche and Staff Club buildings. h) Keeping the entire residential campus free from bushes, vegetations, broken stones, broken glass pieces, paper and plastic litter etc., periodical removal of wild growth including leveling the ground in the entire surroundings of all the Blocks to the extent of 20 feet from the buildings area and both sides of all the roads. i) Cutting of grass and wild growth etc. inside the staff quarters area including playground and around all blocks of staff quarters. j) Cleaning of all the residential overhead tanks once in three months and the three water sumps twice a year. k) Cleaning inside area of the A&B Bungalow and CII type quarters viz. Cleaning the W.Chutes, wash basin gully taps and sweeping and cleaning the floors, removing the dirt and washing the floor with phenolene and sweeping the roads, removing the garbage etc. 8 P a g e

9 l) Any other related work as may be required from time to time. Contact Persons: Head, Civil Engineering Division, (Quarters Maintenance), CLRI. Tel: ) 9 P a g e

10 GENERAL TERMS AND CONDITIONS 1. Tenders without Tender Document fee, EMD and incomplete are liable to be rejected. 2. The Contractor must have office located in Chennai. 3. Earnest Money Deposit (EMD). a) The EMD should be submitted in its original form. CSIR-CLRI will not be responsible for any postal delay. Tenders received without earnest money will be rejected. b) Original EMD of unsuccessful bidders will be returned by the Authority and same may be reverted by their own. c) EMD will be liable to be forfeited if the Contractor selected for the work fails to sign the formal agreement or fails to start the work on the date stipulated in the work order. Fifty percent of the EMD will be forfeited in case the contractor modifies the Tender after the Price Bid is opened. 4. The Financial Bid shall be opened only for those bidders who are qualifying the Technical Bid. 5. On award of the contract, the tenderer will be required to deposit an amount equivalent to 10% of the contract value as Security Deposit / Performance Guarantee in the form of Demand Draft / Fixed Deposit from Scheduled Commercial Banks as per RBI in favour of The Director, CLRI payable at Chennai which will be retained by the Authority for the due and faithful fulfilment of the contract. The S.D / P.G should remain valid for a period of 60 days beyond the date of completion of all contractual obligations by the firm. No interest shall be payable by the Authority on the amount of S.D / P.G so held. The Authority reserves the right to forfeit fully or partly the Performance Guarantee in the event of failure on the part of the contractor to execute the contract or observations of all or any of the terms & conditions. The decision of CSIR-CLRI, Chennai in this regard shall be final & binding. In case the contract is further extended beyond the initial period, the Performance Guarantee will have to be accordingly renewed/extended by the successful tender(s). 6. That the Contractor shall disburse the wages to his personnel only through e payment by the 5 th of every month and distribute the Pay slips on the next working day / within 10 th of every month. On their part the CSIR-CLRI shall make payment to the contractor within 10 working days from the date of receipt of the bill from the contractor, if the bill is in order. 10 P a g e

11 7. GST, TDS and TDS on GST would be deducted as per extant rules. 8. Payment will be made on monthly basis on State Bank of India, Adyar, Chennai by e-payment. The company must submit the bills every month for effecting payment. The monthly bill will be settled within 10 working days from the date of receipt of the bill from the contractor, if the bill is in order. 9. That the Contractor shall submit the proof of having deposited the amount of ESI, EPF and GST contributions towards the persons deployed at CSIR Lab/Instt. and in their respective names before submitting the bill for the subsequent month. The amount should be deposited individually and should not be mixed up with any other contract. The reimbursement shall be as per actual deposits of amount. In case, the Contractor fails to do so the amount towards ESI, EPF & GST contribution will be withheld till submission of required documents. 10. The working hours for the personnel engaged under the Contract would be from 9.00 a.m. to 5.30 p.m. with half an hour lunch break between 1.00 p.m. and 1.30 p.m. The work should be carried out on all days except Sundays and National Holidays. 11. The contractor shall ensure that the persons are punctual and disciplined in performance of their duty. It is further agreed that the Contractor shall engage medically and physically fit persons not below 18 years of age and preferably below the age of 50 years. 12. The Contractor has to issue to the employee's IDENTITY CARD with their photos and shall also maintain relevant registers. 13. The persons employed through the Contractor for all intent and purposes are the employees of the Contractor and cannot claim employment and other benefits from CSIR. The contractor shall be responsible for settling any claim/compensation against all damages and accidents on the part of his/her employees and CSIR-CLRI shall not be responsible for any compensation/liability. 14. That the Contractor shall get his own License under Contract Labour (Regulation and Abolition) Act, it shall be binding to the Contractor to get the same renewed from time to time and shall maintain all the records as per the act. 11 P a g e

12 15. That the Contractor shall be responsible to enroll his employees, deduct, add and deposit in the relevant accounts the contributions as required under the Employees State Insurance Act, 1952 and the Employees Provident Funds and Miscellaneous Provisions Act 1952 and any other enactment's covered under the various applicable labour laws as well as maintain all books of records for the staff and employees deputed by the contractor for this contract such as required under any laws applicable. The Contractor shall also furnish a copy of such statements as documentary proof to CSIR-CLRI. 16. That the Contractor would comply with all applicable laws and maintain all such necessary records as necessitated under such enactments. 17. There would be complete supervision and control of the Contractor over its personnel, if any accident or injury occurs to any of the personnel of the Contractor while performing the duty or otherwise then complete liability regarding the same would be on the Contractor. 18. Damage to the equipment of CSIR-CLRI due to the negligence of the contractor's workers shall be repaired at the contractor s cost. 19. The Contractor shall strictly adhere to all legal and statutory requirements and shall not make any effort to circumvent or avoid any statutory provisions of any applicable law. 20. The Contractor shall execute an agreement on a Non-judicial stamp paper worth Rs.100/- before taking up the Contract, which has to be purchased in the name of firm and the same shall be borne by the firm, by agreeing to abide by all the terms and conditions mentioned therein. (blank copy of the proposed agreement is enclosed). 21. The prospective tenderers may satisfy themselves about the requirements by visiting the Institute on any working day (Monday to Friday) between 9.30 a.m. and 4.00 p.m. Offers must be firm and no price revision will be accepted during the period of the contract. Any changes in government levies / taxes shall be payable at actuals. 22. All bids shall remain valid for 90 days after the date of bid opening. A bid valid for a shorter period shall be rejected by CLRI as non-responsive. In exceptional circumstances CLRI may request the bidder to extend the period of validity. 12 P a g e

13 23. If any bidder withdraws his bid within the validity period (Validity Period = 90 days) or makes any modification in the terms and conditions of the bid which are not acceptable to CLRI, then CLRI shall, without prejudice to any other right or remedy, be at liberty to forfeit 50% (fifty per cent) of the earnest money absolutely. 24. If any relative of the tenderer is an employee of CSIR-CLRI the name, designation and relationship of such employee shall be intimated to the Director, CSIR-CLRI, Chennai, in writing while submitting the tender. 25. CSIR-CLRI will supply the material/tools required for the work. The Contractor shall put these to optimum use without giving any room for wastage or undue damage. In the event of theft or pilferage of material/tools by the contractor s workers, the contractor shall be liable for losses and the value of material/tools so lost shall be made good by the contractor, apart from rendering the contract liable for termination. 26. During the technical evaluation of the bid, CLRI may ask the bidder for clarification of its bid. The request for clarification will be in writing and the response shall be in writing. No other correspondence regarding the status of the bids will be entertained. 27. Evaluation of Price bid - If there is a discrepancy between words and figures, whichever is the higher of the two will be taken as the bid price. 28. The Technical Bid and Price Bid must be in the model response format as enclosed. 29. The Contract is initially for a period of ONE YEAR, from the date of commencement of work which may be extended for further period on the same rates, terms and condition depending upon the satisfactory performance and approval of the competent authority. 30. The Director, CSIR-CLRI, Chennai , reserves the right to accept or reject any or all the tenderers without assigning any reason whatsoever and his decision shall be final and binding on the Contractor. 13 P a g e

14 Model Response format for Technical Bid (This format is to be used in your letter head / stationery. Tenderers are required to number all the pages of the Technical Bid in BLACK / BLUE INK and indicate the TOTAL page number below and append signature at the end of this response format) Sl. No TOTAL PAGES OF TECHNICAL BID: TECHNICAL REQUIREMENT 1 Tender Document fee details (Rs.500/-) 2 EMD Details (Rs.61,000/-) 3 Attested Local Office Address Proof 4 Attested Company Registration Certificate Attested copy of valid Labour License from Regional 5 Labour Commissioner / Licensing Officer 6 Attested copy of GST registration Certificate 7 Attested copy of Registration under EPFO 8 Attested copy of Registration under ESIC 9 Attested PAN card Copy One / Two / Three works of Quarters Maintenance of annual value (80% / 60% each / 40% each) in the last 5 10 years in CSIR or in Government Department / PSUs / Reputed private organizations.. (Copies of the contract with the contact nos., address and contact persons) Satisfactorily Completion Certificate / Letters from pre 11 employer 12 Copy of Current Bank Solvency Certificate Have you deposited all Statutory Payments like ESI, 13 EPF and GST with the Competent authority under previous contracts? If Yes, documents If any relative of the tenderer is an employee of 14 CLRI/RCED, the name, designation and relationship of such employee Have your firm ever been debarred by any Court of law 15 OR penalised by any Government / CSIR / Private organization? Yes / No / N.A Pl write corresponding Page No.(s) of your Technical Bid 14 P a g e

15 MODEL RESPONSE FORMAT FOR PRICE BID (To be filled up in your stationery) In response to the above and in full agreement as stipulated by you in the tender document provided for the purpose, I / We offer our rates as follows: Sl. No. Category of worker No. of persons Rate per head (Basic + VDA) No. of days Per head rate for per month Un Skilled /- 26 days 14, TOTAL WAGE 14,508 Statutory Charges: a) on total wage Rs b) (wage ceiling of Rs.15,000) % on Total wage of Rs. 7000/- Rs Service Charges on Total % (Not less than or equal to 2% & decimal points to be in two digits only) TOTAL 5. GST@ 18% (wage + service charge) Rs. Rs. Rs. GRAND TOTAL Rs. 6. Remarks if any: We confirm that: I. the number of persons quoted is the absolute minimum required to execute the contract satisfactorily. II. the rates quoted are not less than the minimum wages prescribed by the State Govt /Central Govt, whichever is higher. Place Date Signature of the Tenderer / Authorized Signatory Name & Address of the Tenderer with Office Seal 15 P a g e

16 MODEL AGREEMENT This AGREEMENT made on this day of between the COUNCIL OF SCIENTIFIC & INDUSTRIAL RESEARCH, a Society registered under the Societies Registration Act (Act XXI of 1860) and having its office at Anusandhan Bhavan, Rafi Marg, New Delhi (hereinafter referred to as CSIR which expression shall unless excluded by repugnant to the subject or context includes his successors in office or assign) Of the ONE PART. And M/s at (hereinafter referred to as Contractor) of the OTHER PART. WHEREAS the CSIR is desirous of giving a job contract for deploying persons for Cleaning of Outside Areas and Multistoried Buildings in CLRI Residential areas at the CSIR-Central Leather Research Institute, Chennai, which is a constituent unit of CSIR (hereinafter referred to as CLRI ) and whereas the Contractor has offered to provide the personnel for Cleaning of Outside Areas and Multistoried Buildings in CLRI Residential areas at the Central Leather Research Institute on the terms and conditions hereinafter stated and as per the schedule of work to be performed by the Contractor. WHEREAS Contractor has represented that he is a registered Contractor under the provisions of Contract Labour (Regulation and Abolition Act), 1970 / registered with DG (Resettlement) and has further represented that he is eligible to get this contract and there is no legal or any other bar for him in this respect. Any obligations and/or formalities which are required to be fulfilled under the said Act or any amendment thereto for the purpose of entering into and/or execution of this contract shall be carried out by the Contractor at his own expenses, etc. and the Contractor shall report the compliance thereof to the INSTITUTE. The Contractor shall be solely liable for any violation of the provisions of the said Act or any other Act. AND WHEREAS the Contractor has agreed to furnish to the INSTITUTE a Security Deposit of Rs. by way of Demand Draft / Fixed Deposit Receipt. NOW, THEREFORE BY THESE ARTICLES AND ON THE PREMISES mentioned above, the parties have agreed as follows:- 16 P a g e

17 A. GENERAL CONDITIONS: 1. That it is expressly understood and agreed between the parties to this Agreement that the persons deployed by the Contractor for the services mentioned above 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 Contractor and in no case, shall a relationship of employer and employee between the said persons and the CLRI shall accrue/arise implicitly or explicitly. 2. That on taking over the responsibility of providing said arrangements; the Contractor shall formulate the mechanism and duty assignment of Cleaning of Outside Areas and Multistoried Buildings in CLRI Residential areas at CSIR-CLRI personnel in consultation with the Director, CSIR-CLRI or his nominee. Subsequently, the Contractor shall review the Cleaning of Outside Areas and Multistoried Buildings in CLRI Residential areas at CSIR-CLRI from time to time and advise the Director, CSIR-CLRI for further streamlining their system. The Contractor shall further be bound by and carry out the directions/instructions given to him by the Director, CSIR- CLRI or the officer designated by the Director in this respect from time to time. 3. That the Director, CSIR-CLRI or any other person authorized by the Director shall be at liberty to carry out surprise check on the persons so deployed by the Contractor in order to ensure that persons deployed by him are doing their duties. The personnel of the Contractor shall be subject to security check of CSIR-CLRI. 4. That in case any of the persons so deployed by the Contractor does not come upto the mark or does not perform his duties properly or indulges in any unlawful riots or disorderly conduct, the Contractor shall immediately withdraw and take suitable action against such persons on the report of the CSIR-CLRI in this respect. Further, the Contractor shall immediately replace the particular person so deployed on the demand of the Director, CSIR-CLRI in case of any of the aforesaid acts on the part of the said person. B. CONTRACTOR S OBLIGATIONS: 1. That the Contractor shall provide required number of persons for Cleaning of Outside Areas and Multistoried Buildings in CLRI Residential areas at CSIR-CLRI as per the schedule of work to be performed by the Contractor as per the Terms & Conditions for the award of contract. 2. That for providing Cleaning of Outside Areas and Multistoried Buildings in CLRI Residential areas at CSIR-CLRI, the Contractor shall deploy persons from 9.00 a.m. to 5.30 p.m. and as per the requirements of the job. The contractor shall ensure that the persons are punctual and disciplined in performance of their duty. It is further agreed that the Contractor shall engage 17 P a g e

18 medically and physically fit persons not below 18 years of age and preferably below the age of 50 years. 3. That the Contractor shall communicate to CSIR-CLRI the name, parentage, residential address, age, educational qualifications, etc., of the persons deployed by him. 4. That for the purpose of proper identification of these persons of the Contractor, the Contractor shall issue IDENTITY CARDS as specified by CSIR-CLRI and the said persons shall be bound to display them while on duty within the Institute. In case of loss, the Contractor shall immediately notify the security officer and make arrangements for issue of a duplicate identity card. 5. That the Director, CSIR-CLRI or any other person authorized by him shall be at liberty to carry out surprise checks on the persons so deployed by the Contractor in order to ensure their strengths/ duties etc. 6. The Contractor shall further be bound by and carry out the directions/instructions given by the Director, CLRI or officer designated by the Director in this respect from time to time. 7. That the Contractor shall maintain a register showing the details of persons engaged by him in the order of their date of engagement. 8. That the working hours for the persons engaged under the contract would be from 9.00 a.m. to 5.30 p.m. with half an hour lunch break between 1.00 p.m. and p.m. The work should be carried out on all days except Sundays and National Holidays. 9. That the Contractor shall at his own cost, if required, take necessary insurance cover in respect of the aforesaid services rendered to CLRI 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 and/or any other rules/regulations and/or statutes that may be applicable to them and shall further keep the CLRI 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 CLRI 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. 18 P a g e

19 10. That it is expressly understood and agreed between the parties to this agreement that the persons deployed by the Contractor for the work as per Para A-1 above shall be the workers of the Contractor for all intents and purposes and in no case, shall a relationship of employee and employer between the said persons and the CLRI/CSIR accrue implicitly or explicitly. 11. That the persons so deployed shall remain under the control of Contractor and the Contractor shall be liable for payment of their wages and all other dues, which the Contractor is liable to pay under various Labour Regulations and other statutory provisions. 12. That the Contractor shall ensure that all the persons gets minimum wages and other benefits as admissible under various Labour laws. The Contractor shall furnish full information in respect of the wages etc., paid to his workers so deployed in conformity with the provisions of Contractor Labour (Regulation and Abolition) Act, That the Contractor shall be responsible for fulfilling all his obligations towards persons deployed under Law, namely Minimum wage Act, PF Act, ESI Act, Bonus Act, Maternity Benefit Act, Shop and Establishment Act, etc. as applicable and amended from time to time. 14. That the Contractor shall conform to the provisions of Central / State Act(s) or the Regulations on the subject as well as the terms and conditions of this agreement. 15. That the Contractor shall disburse the wages to his personnel only through epayment by the 5 th of every month and distribute the Pay slips on the next working day / within 10 th of every month. On their part the CSIR-CLRI shall make payment to the contractor within 10 working days from the date of receipt of the bill from the contractor, if the bill is in order. 16. That the Contractor shall comply with any obligations and / or formalities which are required to be fulfilled under Contract Labour (Regulations and Abolition) Act 1970 or any other Act for the purpose of entering into and / or execution of this contract at his own expense, etc. and the Contractor shall report the compliance there of to the CLRI/CSIR. The Contractor shall be solely liable for any violation of provisions of said Act or any other Act. 17. That the Contractor shall take all reasonable precautions to prevent any unlawful acts or disorderly conduct or acts of his workers so deployed and protection of said Act or any other Act. 18. That the Contractor should ensure that only well behaved persons, who can carry out and obey the instructions of the Contractor are employed. In case any of the persons so deployed by the Contractor does not come up to the mark or does not perform the duties properly or 19 P a g e

20 indulges in any unlawful riots or disorderly conduct, the Contractor shall take suitable action against such worker and report to CSIR-CLRI in this respect. 19. That the Contractor shall immediately replace the particular person so deployed on the demand of the Director, CSIR-CLRI in case of any of the aforesaid act on the part of the person so deployed or otherwise. 20. That the Contractor shall deploy his persons in such a way that they get weekly rest, under relevant provisions of the labour regulations and statutory orders. The Contractor shall in all dealings with persons in his employment have due regard to all recognized festivals, days or 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 Regulations and statutory order as amended from time to time or furnishing any information or submitting or filling any statement under the provision of the said regulations and rules which is materially incorrect, he shall, without prejudice to any other liability, pay to the Director of CSIR-CLRI, a sum not exceeding half percent of monthly wages for every default, breach or furnishing, making, submitting, filling such materially incorrect statement and in the event of the Contractor defaulting continuously in this respect, he shall be liable to pay half percent of monthly wages per day for breach or defaults. 21. That the Contractor shall obtain the necessary license under the Contract Labour (Regulation and Abolition) Act, 1970 from the competent authority. 22. That the Contractor shall, on demand, furnish copies of Muster Rolls etc. to CSIR-CLRI for having paid all the dues to the persons deployed by the Contractors for the work. 23. That the workers of the Contractor shall be subjected to security checks and restrictions as stipulated by CSIR-CLRI. 24. That CLRI will supply the materials required for the work. The Contractor shall put these to optimum use without giving any room for wastage or undue damage. In the event of theft of pilferage of materials by the Contractor s workers. The Contractor shall be liable for losses and the value of materials so lost shall be made good by the Contractor, apart from rendering the contract liable for termination. 25. That during the validity of the contract, the Contractor shall not make any additional claims other than expressly quoted. The Contractor shall have to execute additional similar works if any, when called for during the period of contract by engaging additional workers on the same terms and conditions of the contract. C. CSIR-CLRI S OBLIGATIONS: 20 P a g e

21 1. That in consideration of the services rendered by the Contractor as stated above, he shall be paid a lump sum of Rs. monthly which includes Wage and Service Charge. Such payment shall be made within 10 working days from the date of receipt of the bills from the Contractor and duly certified by the officer designated by INSTITUTE in this regard. 2. That the aforesaid lump sum among has been agreed to be paid by INSTITUTE to the contractor. 3. That payment on account of enhancement/escalation charges on account of revision in wages by the appropriate Govt., from time to time shall be payable by the INSTITUTE to the contractor. 4. That the INSTITUTE shall reimburse the amount of GST / ESI / EPF, 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 deposits of the same by the Contractor. The amount should be deposited individually and should not be mixed up with any other contract. The reimbursement shall be as per actual deposits of amount. In case, the Contractor fails to do so the amount towards GST / ESI / EPF contribution will be withheld till submission of required documents. D. INDEMNIFICATION: 1. That the contractor shall keep the CSIR-CLRI indemnified against all claims whatsoever in respect of the workers deployed by him. In case any worker of the contractor so deployed enters into dispute of any nature whatsoever, it will be the sole responsibility of the contractor to contest the same. In case CSIR-CLRI is made party and is supposed to contest the case, the contractor shall reimburse to CSIR-CLRI the actual expenses incurred towards counsel fee and other expenses, which shall be paid in advice by the contractor on demand. Further, the contractor shall ensure that no financial or any other liability comes on CSIR-CLRI in this respect of any nature whatsoever and shall keep CSIR-CLRI indemnified in this respect. 2. That Contractor shall further keep the CSIR-CLRI indemnified against any loss of the CSIR- CLRI property and assets, that is, movable and immovable. 3. That CSIR-CLRI shall have the right to adjust and or deduct any of the amounts as aforesaid from the payment to the contractor. 4. That the contractor shall furnish an indemnity bond on non-judicial stamp paper (of the appropriate value) equal to the annual value of the contract at his own cost to indemnify CSIR- CLRI against any claim arising out of or connected with this contract. 21 P a g e

22 E. PENALITIES / LAIBILITES: 1. That 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 gone done from another firm at their risk and cost. 2. That if the Contractor violates any of the terms and conditions of this agreement or commits any fault or their services are not to the entire satisfaction of officer authorized by the Director of the 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. 3. The Security Deposit / Performance Guarantee so deposited shall be liable to be forfeited or appropriated in the event of unsatisfactory performance of the contractor and / or loss / damage if any, sustained by the Laboratory /Institute on account of the failure or negligence of the workers deployed by him or in the event of breach of the agreement by Contractor. The S.D / P.G should remain valid for a period of 60 days beyond the date of completion of all contractual obligations by the firm. F. COMMENCEMENT AND TERMINATION: 1. That this agreement will come into force w.e.f.. and shall remain in force for a period of ONE YEAR. This agreement may be extended on such terms and conditions as are mutually agreed upon. 1. That this agreement may be terminated on any of the following contingencies: a) On the expiry of the contract period as stated above b) By giving one month s notice by CSIR-CLRI on account of i) for committing breach by the Contractor of any terms and conditions of this agreement ii) On assigning the contract or any part thereof to any benefits or interest therein or there under by the contractor to any third person or sub-letting whole or part of contract to any third person. C) On Contractor being declared insolvent by competent Court of Law. 3. 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. It shall be the duty of the Contractor to remove all the persons deployed by him on termination of the contract on any ground whatsoever and ensure that no person creates any disruption/hindrance/problem of any nature for CSIR-CLRI. 22 P a g e

23 G. ARBITRATION: 1. In the event of any question, dispute or difference arising under this 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. 2. The award of the arbitrator shall be final and binding on the parties. In the event of such arbitrator to whole 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 act as arbitrator in place of the out-going arbitrator in accordance with the terms of this agreement and the persons so appointed shall be entitled to proceed with the reference from the stage at which it was left by his predecessor. 3. The expression Director-General, CSIR shall mean and include an acting/officiating Director- General. 4. The Arbitrator may from time to time with consent of all the parties enlarge the time for making (and publishing) the award. 5. The Arbitrator may give interim award(s) and or directions, as may be required. 6. Subject to the aforesaid provisions, the Arbitration Act, 1996 and the rules made there under and any modification thereof from time to time being in force shall be deemed to apply to the arbitration proceedings under this clause. 7. The venue of the arbitration shall be Chennai. IN WITNESS WHEREOF the parties hereto have signed these presents on the date, month and year first above written. FOR AND ON BEHALF OF THE CONTRACTOR FOR AND ON BEHALF OF COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH, ANUSANDHAN BHAVAN, RAFI MARG, NEW DELHI WITNESSES 1. Name & Address: 2. Name & Address: 23 P a g e