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1 NSPCL/BHILAI MAN POWER SUPPLY CONTRACT NO: RITES/ROC/O&M/MANPOWER SUPPLY/NSPCL BHILAI/1014 Dated: Dear Sir, SUBJECT: Limited Tender for supply of Retired Railway Staff to work on lump sum remuneration basis for RITES/O&M Loco leasing, Operation & Maintenance project at NSPCL/BHILAI. NIT NO: RITES/ROC/O&M/MANPOWER SUPPLY/NSPCL BHILAI/1014 EARNEST MONEY DEPOSIT: Rs. 6451/- CONTRACT PERIOD: For 02 years Sealed Limited Tenders are invited for the subject work of Man power supply as per enclosed terms and conditions/boq. VALUE OF THE CONTRACT: Reimbursable amount Rs Agency commission Rs Service tax extra (on reimburse able amount Rs ) IMPORTANT GUIDELINES: 1. (a) Date and time of receiving of tenders : 31/10/12 up to hrs. (b) Date and time of opening of tenders : 31/10/12 at hrs. Tenders will be received and opened at W/S No. R-2-11, RITES Office Complex at Plot No.1, Sector-29, Gurgaon. (Haryana) 2. Envelope 1: EMD to be submitted in separate envelop. The envelope shall be superscribed appropriately with the Name of the work, Tender No., Due date, Validity of the tender, Details of EMD etc. Envelope 2: The envelope containing the commercial bid shall be superscribed appropriately with the Name of the work, Tender No., Due date, Validity of the tender etc. Both the envelopes shall be put in a single envelope which shall be superscribed appropriately with the Name of the work, Tender No., Due date, Validity of the tender, Details of EMD etc. 3. EMD to be furnished in the form of DD in favour of RITES Ltd payable at Gurgaon/Delhi. EMD in any other form shall not be accepted. 4. The value of the contract will be taken only the amount of commission payable. 5. RITES reserve the right to accept or reject any offer without assigning any reasons. 6. Rates shall be quoted both in words and figures clearly. 7. Tenders should be valid for a period of 90(Ninety) days from the date of opening of the tenders. 8. Tenders should reach to General Manager (O&M), RITES Ltd., 2 nd Floor, Right Wing, Plot No. 1, Sector 29, Gurgaon within stipulated date and time. Tender received thereafter will not be accepted. Any excuse on account of postal delay will not be entertained. 9. All the pages of the tender document should be signed and stamped by the Bidder or his authorized representative, failing which the offer may be rejected. 10. Telegraphic offer/tenders shall not be entertained and are liable to be rejected. 11. Documents:

2 The Tenders, submitted, shall consist of the following: Complete set of Tender documents duly filled in and signed and stamped by the tenderer. Earnest Money (EMD) amounting to Rs. 6451/- and in the manner specified in clause 3 above. Copy of Labour Licence or the contractor shall give an undertaking to get the labour licence within one month of issue of form V. Copy of PF code letter for eligible in bid/tender. Copy of ESI code letter for eligible in bid/tender. Copy of service tax registration certificate for eligible in bid/tender. Copy of PAN card for eligible in bid/tender. Copy of proprietor ship/firm/company registration required for eligible for in bid/tender. Last three year balance sheet with copy of TAX Return of last three year for verification of turnover etc. 12. Correction and alteration: All correction and alterations in the entries of Tender papers shall be signed in full by the tenderer with date. No erasing is permissible. Thanking you. Yours faithfully, (S.K. Roy) Deputy General Manager (O&M)

3 NO: RITES/ROC/O&M/MANPOWER SUPPLY/NSPCL BHILAI/1014 Dated: Sub: - Limited Tender for supply of Retired Railway Staff to work on lump sum remuneration basis for RITES/O&M Loco leasing, Maintenance and Operation project at NSPCL/Bhilai. Location of work: NSPCL, Bhilai. A. TERMS AND CONDITIONS: The contractor shall supply only physically fit & technically suitable Retired Railway personnel as per our requirement. The contractor shall replace immediately Retired Railway personnel supplied by them as and when required/asked by the EIC. Arrangement of physically fit & technically suitable Retired Railway personnel as per our requirement at site shall be the sole responsibility of the contractor. The contractor will not engage any minor/child man power. 1. Labour License, PF, ESI, Welfare Fund, Service TAX registration no: (i) Contractor shall get Labour license issued by the appropriate Government Authority and submit a copy of the same to the Engineer-in-Charge within 10 days of issue of form V. Supply of Form V from the principal employer shall be RITES responsibility. The contractor shall further follow and comply all the Labour Laws, Acts and promulgations of State and Central Governments applicable during the tenure of the contract. (ii) Contractor shall get the PF code, ESIC code & Welfare fund code from the appropriate Government Authorities within One month of issue of LOA. Contractor should ensure regular deposition of Provident Fund contribution (Both Employees and Employers), ESIC contribution (Both Employees and Employers), and Welfare fund contribution (Both Employees and Employers), wherever it is applicable against individual workers engaged by him under proper accounting head with the appropriate Govt. agencies. However expenditure incurred on these shall be reimbursed by RITES on actual on submission of documentary evidence i.e. form 3A, 6A. Annual returns shall also be submitted by the contractor and form 23A shall be arranged by the contractor for submission to client. No agency commission is payable on this account. (iii) Contractor shall have to pay all statuary settlement dues like Bonus, Retrenchment benefits, Leave salary, Gratuity, Notice period pay etc. as per labour laws to eligible manpower engaged by him on completion of the contract period. Expenditure incurred on this account shall be reimbursed by RITES along with agency commission plus service tax on submission of documentary evidence & clearance from HR dept. of NSPCL/Bhilai. (iv) Contractor shall maintain all the registers, records as required by the labour officer. 2. The contractor shall display notices in notice board and correctly maintain in a clean and legible condition at a conspicuous places of the work, both in English and local Indian language, giving the rate of wages, the hours of works for which such wages are payable, the weekly rest days, wage period, date of payment of wages and name of the inspecting Officer. The contractor shall comply all requirements of Govt. labour officer of the area.

4 3. Remuneration/Fees, TA/DA, Night Duty Allowance, Gazetted Holiday Allowances, OT, Weekly rest, Gifts etc. The lump sum remuneration to be paid to the Retd Rly personnel engaged by the agency shall be fixed by RITES from time to time in view of the minimum wages fixed by Labour Commissioner/Govt. of India. The present rate has been mentioned in BOQ. The lump sum remuneration payable to the retired/contract person must be paid within 7 th of every month in presence of authorized representative of RITES and Principal Employer. Contractor shall notify his men as well as EIC RITES regarding date, time and place of disbursement of wages in advance. This will be reimbursed to the agency along with agency commission, on fulfillment of norms of RITES finance. Payment to the man power supplied shall not be delayed for whatsoever reason. TA/DA claims of Retd Rly persons sent on tour shall be paid by the agency as per RITES norms and shall be reimbursed to the agency by RITES. No commission shall be payable on these reimbursements. Some of the Retd Rly persons may be required to do night duty also. Such persons shall be paid Night duty allowance as fixed by RITES management from time to time. This will be reimbursed to the agency along with agency commission. For Manpower working on Gazetted holidays, Over time shall be paid by the agency GH allowance, Over time allowances as fixed by RITES management from time to time. This will be reimbursed to the agency along with the agency commission. The contractor shall give one day weekly rest to his workers. If any worker is booked for over time duty then contractor has to make the payment to the worker for over time duty and contractor will claim for its reimbursement along with agency commission. Rate of overtime shall be fixed by RITES. Any penalty imposed on RITES for delayed/non payment of remuneration to the worker, PF, ESI Allowances, Taxes payable by contractor shall be deducted from contractor on back to back basis. Similarly any deduction made or penalty imposed on RITES by client for less deployment of staff/staff absconding/staff protesting or stopping the work, shall be deducted from the contractor on back to back basis 4. Other perks to be provided by RITES: Manpower posted at Project site from other cities/towns/villages (not from the project site town/village) may be allotted free bachelors accommodation on sharing basis. No charge will be levied for normal electrical and water connection provided in the accommodation. Contractor shall be responsible for safety and security of accommodation provided to the Manpower. Manpower deployed shall be provided with safety shoes, and all other personal safety gear necessary for discharging their duties in safe manner. Depending upon site conditions & if so wanted by circumstances, RITES may provide free transport to manpower for attending duty. 5. The contractor has to ensure that retired/contract staff provided by him do not indulge/involve themselves in any illegal activity within the premises of the client and If found to be indulging in such activities the contractor shall be responsible and replace such worker immediately. 6. The contractor shall deploy 01 (one) representative to co-ordinate with the Engineer In Charge (EIC) on daily basis at his own cost. Contractor shall be responsible for Preparation of attendance sheet & bill, Half yearly return of ESIC, Annual return of PF, Preparation of statement for payment to bonus to staff as per circular issued by the principle employer every year, Payment of all statutory benefits as per

5 circular of appropriate govt. agency, Active involvement in staff matter, Proper support for handling IR related issues, Strictly follow up the instruction of RITES executives at site & Supply of man power in time etc. 5% of the monthly remuneration bill may be imposed for non compliance of any of the above items. The decision of the EIC in this regard shall be final and binding upon the contractor. B. CONTRACT PERIOD: - Period of contract shall be 24 months. The contract may further be extended for a period of six months, on existing rates, terms and conditions. C. TERMINATION OF CONTRACT:- The contract can be terminated by RITES by giving 30 (Thirty) days advance notice whatsoever the reason may be. In case of termination/ Completion/Closing of contract for whatsoever reason RITES will have no liability for providing alternate job to the contractor s worker. D. RAISING OF BILL & PAYMENT: a). Raising of Bill after making payment to the staff:- i) Contractor shall disburse the payment to his workers within 7 th of every month; ii) Deposit, employees & employer contribution with authorities of PF, ESIC, Welfare fund, Service Tax etc. on time in order to comply with statutory requirement. iii) Submit bill to EIC/RITES along with his commission for reimbursement of payment by RITES; iv) Submit claim for reimbursement for deposit of PF, ESIC, Welfare contribution Service Tax etc. along with documentary evidence; as a proof of the payment made. v) Bills shall contain Copy of Provident Fund, ESIC, Welfare Fund Challan as a proof of having deposited P.F., ESIC, Welfare Fund for the previous month and a list showing break up of individual contribution duly certified by the contractor as per rules/procedure of the company. Copy of contractor worker payment sheet duly certified by the contractor and countersigned by EIC or his authorized representative. Copy of Attendance sheet duly verified by EIC or his authorized representative to be enclosed. ECS particulars for Bank transfer of payments (one time). Copy of valid labour license (one time) as per rules. b). Payment: i) RITES shall release payment through ECS clearance only. ii) Income Tax and any other statutory taxes, duties & levies shall be deducted at source by RITES before payment of any bill. iii) Service Tax will be paid/deposited as per rule as applicable from time to time on submission of documentary evidence in reference to Terms and conditions of the contract and payment will be made accordingly. E. Penalty: In case of unsatisfactory performance by the contractor/ his worker on any day to be adjudged by EIC, penalty up to maximum of 5% of the monthly remuneration bill shall be imposed and amount deducted from the contractor bill. However in a month maximum penalty will be deducted 5% of the monthly remuneration bill. In this regard the decision of the EIC shall be final and binding on the contractor.

6 F. Security Deposit against performance guarantee: The agency shall be required to submit a Bank Guarantee (BG) for an amount equal to 10% of the agency commission value valid till the duration of contract. Alternatively RITES shall recover a maximum amount of 10% from monthly commission of the agency till such time the total amount so deducted plus EMD submitted by the agency becomes equal to 10% commission on value of the contract. The amount shall be refunded to the agency after ninety days (90 days) on successful completion of the contract. No interest shall be payable on the security deposit. G. Validity of offer: The contractor shall keep his offer valid for a period of 90 days from the date of opening of the tender. H. FORCE MAJEURE: War, Invasion, Revolution, Sabotage, Lockouts, Strikes, Work shutdowns imposed by Government Acts or Legislature or other authorities, stoppage in supply of material, fuel or electricity, breakdown of machineries, acts of God, epidemics, fire, earthquakes, floods, explosions, accidents or any other act or events whatsoever which are beyond the control of the consultants/contractor and which shall directly or indirectly prevent completion of the services, will be termed as FORCE MAJEURE. Contractor in that case shall be granted necessary extension of completion time to cover the delay caused by Force Majeure without any financial implications including escalations. I. ARBITRATION: If at any time, any question dispute or differences whatsoever shall arise between RITES and the contractor with regard to or in relation to or connection with terms given in the contract, the matter shall be referred for Arbitration in accordance to the Indian Arbitration Act and Indian Arbitration Laws. All disputes are subject to jurisdiction of Delhi Courts or its Subordinate Courts only. (Signature of Bidder with rubber stamp) Address:.... Contact No

7 B O Q Sl. No. Descriptions Approx monthly emolument 1 RETIRED LOCO OPERATOR Unit Qty. 8 % age commission (Should be same for all categories of staff) 2 RETIRED POINTS MAN SSE/DIESEL ELECT SSE/DIESEL MECH MCM/SE/DIESEL MECH MCM/SE/DIESEL ELECT YARD MASTER CLEANER TOTAL NOS. 30 (i) (ii) (iii) The % age rate of commission should be quoted in figures and words clearly. In case any difference is found between the rates written in figures & words, then the rate quoted in word shall be taken into account for the purpose of evaluation. The total quantity may vary ± 25% in any category. Service tax shall be paid extra. NOTE:- Date:- Place (Signature of Tenderer)