SCOPE AND SPECIAL TERMS & CONDITIONS OF CONTRACT RATE CONTRACT FOR PHOTO COPIER MACHINE AT BHEL BHAVAN.

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1 Tender No. PSER:HRM:XEROX:14 VOLUME-II: SCOPE AND SPECIAL TERMS & CONDITIONS OF CONTRACT 1 of 6 TENDER DOCUMENT NO: PSER:HRM:XEROX:14 VOLUME II SCOPE AND SPECIAL TERMS & CONDITIONS OF CONTRACT RATE CONTRACT FOR PHOTO COPIER MACHINE AT BHEL BHAVAN. BHARAT HEAVY ELECTRICALS LIMITED (A Govt Of India Undertaking) POWER SECTOR EASTERN REGION PLOT DJ 9/1, SECTOR II, SALT LAKE KOLKATA

2 Tender No. PSER:HRM:XEROX:14 VOLUME-II: SCOPE AND SPECIAL TERMS & CONDITIONS OF CONTRACT 2 of 6 VOLUME-II SCOPE & SPECIAL TERMS AND CONDITIONS OF THE CONTRACT 1. SCOPE OF WORK: The rate contract for photo copier machine for BHEL Bhavan with manpower, etc toner, papers 2. CONTRACT PERIOD The contractor shall start the work from the date of placement of Work Order. The contract period will be initially for two years with further extension of one year with same terms and conditions. 3. TERMS OF PAYMENT: The payment shall be made in Indian currency only by Account Payee cheque/rtgs. Payment will be made on monthly basis and it will be released within 30 (thirty) days after receipt of bill. 4. QUANTITY VARIATION: The quoted rates of each item will remain firm during contract period. 5. CONSUMABLES & MATERIALS: a. You shall have to provide one Photo Copier Machine in good and working condition at BHEL Bhavan, 2nd Floor, 9/1, D.J. Block, Sector-II, Salt Lake, Kolkata b. Paper for Photocopying work must be JK, Modi or Century Brand with 75 GSM. No other branded quality of paper should be used for photocopying purpose. Photocopying should be done in such a manner that no scratch or unwanted ink impression appears on the photocopy paper. c. Vendor shall ensure that Photo Copier machine are operational on all working days. Vendor shall be responsible for repair/maintenance of the Photo Copier machine at his own cost and BHEL will not pay any extra charges for repair/maintenance of the machine. In case of breakdown of photocopier machine for longer period, vendor shall have to arrange for replacement of machine immediately so that work of BHEL does not suffer due to non-availability of machine. d. Photocopy service to be made available from 9.00 A.M. to 7.00 PM on all working days. In case of exigencies of work, photocopy services may have to be provided even after office hours/on holidays for which no extra charges will be payable to the vendor by BHEL. e. In case vendor are fails to provide photocopy service at BHEL Bhavan at any time then the photocopy charges to be done through other agency same charges to be deducted from their bill based on the charges claimed by outside agency f. All materials/consumables required for Binding/ Photocopying works will be arranged by contractor within their quoted rate. No extra claim for supply of materials etc. will be entertained.

3 Tender No. PSER:HRM:XEROX:14 VOLUME-II: SCOPE AND SPECIAL TERMS & CONDITIONS OF CONTRACT 3 of 6 6. TAXES AND DUTIES 7. PENALTY a) All taxes (except Service Tax), duties, levies, etc. and other taxes for materials obtained for the execution of the contract shall be borne by vendor and shall not be paid as extra. b) Service Tax and Educational cess on service tax, (as applicable) shall be paid extra on submission of documentary evidences to the satisfaction of BHEL. a. Jobs as mentioned as per annexure shall be completed and delivered within 24 hours after receipt of job, otherwise penalty will be imposed 0.5% per day of delay of the (non supplied portion) subject to maximum of 10% of the job. 8. OTHER CONDITIONS a. The contractor shall have to ensure the services of Pest and Rodent Control Services by using the above chemicals in BHEL premises as indicated in the above clauses to the entire satisfaction of BHEL. b. For execution and performance of Pest and Rodent Control Services, the contractor shall engage such person(s) who is/are efficient and experienced in the field of handling the above nature of job. c. The contractor shall arrange for all materials that are required for the purpose at his own cost. d. The contractor shall be liable to make good all damages, breakage etc. of the sophisticated costly equipment resulting in form the negligence of the contractor s service person(s). e. If the Bidder deliberately gives wrong information in his offer, BHEL reserves the right to reject such offer(s) at any stage or to cancel the contract, if awarded and forfeit the Security Deposit. f. All payments will be made to the contractor after deduction of Income Tax at source or any other taxes as applicable and prescribed under Income Tax Act/Rules/any other Act from time to time. Govt. Service Tax will be reimbursed by BHEL on proof of payment made by the contract. Govt. Service Tax payable shall reimbursed to be contractor on proof of payment made by him. g. The contractor shall pay all taxes, fees, license fee, charges for duties, royalty commissions or other charges which may be levied on account of operation and in executing the contract to the concerned authorities. In case BHEL is forced to pay any of such taxes, etc. BHEL shall have the right to recover the same from the contractor either from his bill or otherwise as deem fit. h. The contractor shall raise bill quarterly for carrying out Pest and Rodent Control Services and after scrutiny of bills, payment will be made to the contractor within fifteen days from the date of submission of such bill. i. The contractor shall ensure that no damage is caused to any person, property of other parties working at the place of work. If any such damage is caused, it is the responsibility of the contractor to make good the losses or to compensate for the same.

4 Tender No. PSER:HRM:XEROX:14 VOLUME-II: SCOPE AND SPECIAL TERMS & CONDITIONS OF CONTRACT 4 of 6 j. In case the contractor is required to undertake any work outside the scope of this contract, the rates payable shall be those mutually agreed upon. k. The rates offered by the contractor should be firm during the tenure of the contract. l. The contractor should be in a position to mobilize and start services as per the instruction given in the LOI. m. The payment shall be made in Indian currency only by Account Payee Cheque/RTGS. The Contractor will have to raise bill for carrying out Pest and Rodent Control Services. n. The contractor shall be responsible for safety precautions as may be required for safe and satisfactory execution of this contract. o. It is re-iterated that there is no employer-employee relationship either with the contractor or with contractor s service men or with the contractor s organization. This is a contract and we have no connection directly or even remotely with contractor service men or with contractor s organization. p. This is only a business transaction for a period of two year and it would be terminated by serving one month s notice from BHEL s side/three month s notice from the contractor s side. q. I/We have gone through the complete contract document connected with the work and agree to execute all the work in the terms and conditions of this contract. 9. SUPERVISION OF SERVICE CONTRACT: a) The contractor shall ensure in writing that the employees deployed by them at BHEL premises for providing the above service under this contract are not involved in any trade union activities at any point of time. b) The contractor shall in respect of their employees, supply to the Company the following information: c) Name, Father s name, date of birth, educational qualification, two identifying body marks, full residential address, past experience, permanent home address and a passport size photograph. d) The age of the manpower deployed by the contractor shall not exceed 58 years. After attaining age of 58 years such individual shall stand withdrawn by the contractor. They should be physically and mentally fit and do not have any criminal record. They should be free from any physical deformity and of sound health and should produce medical certificates to ensure their fitness to perform the above services. Their vision should be 6/6 with or without glasses and should not be colour blind. e) The contractor shall provide each employee with employment/identity card with photograph duly verified and attested by the contractor to his employees. The contractor should indicate the name of the proprietary/partnership firm/company, place of work, contact number and duration of validity of Card.

5 Tender No. PSER:HRM:XEROX:14 VOLUME-II: SCOPE AND SPECIAL TERMS & CONDITIONS OF CONTRACT 5 of 6 f) The contractor shall comply with all statutory requirements, rules, regulations, notifications in relation to employment of his employees issued from time to time by the concerned authorities. 10. EARNEST MONEY DEPOSIT AND SECURITY DEPOSIT EMD and Security Deposit amount would be Nil as per Work Policy 2008 Clause no (i) (f) 11. VALIDITY a. This contract will initially be for a period of two years from the date of commencement of acceptance of the contract. This contract is renewable depending on the necessity on the existing rates, terms and conditions and subject to satisfactory service at site. b. The contract may be terminated after giving one month s notice from either side. 15. GENERAL a. Necessary deduction of Tax at source as per rules will be made from the contractor s bill and a certificate will be issued to this effect. b. The contractor shall be responsible for resolving all disputes between their employees and themselves and shall ensure proper performance of duty by their manpower. c. The contractor shall take appropriate Insurance coverage under ESI/Employees Compensation Act and EDLI for the requisite amount in respect of manpower and Supervisor, as applicable. Insurance Cover shall be obtained by the contractor at his own cost within a fortnight from the commencement of the contract and copy of Insurance cover shall be sent to the BHEL PSER KOLKATA immediately. d. The liability of any compensation for injury to personnel or others arising as a result of duties by their manpower shall be that of the contractor. e. It is reiterated that there is no employer-employee relationship either with the contractor or with contractor s employees or with the contractor s organization. This is a contract and BHEL have no connection directly or indirectly or even remotely with contractor employees or with contractor s organization. This is only a business transaction. f. After going through all the VOLUMEs of this tender documents, the contractor shall quote percentage rate of Service charges over and above the wage rate mentioned in the annexure of Price Schedule and must submit the same with the Price Bid (Volume-III). 16.COMMENCEMENT OF WORK a. The contractor shall commence the work within five days from the date of issuance of the Letter of Intent from BHEL and shall proceed with the same with due expedition without any delay. b. If the successful Bidder fails to start the work within the stipulated time, BHEL at its sole discretion will have the right to cancel the contract.

6 Tender No. PSER:HRM:XEROX:14 VOLUME-II: SCOPE AND SPECIAL TERMS & CONDITIONS OF CONTRACT 6 of RIGHTS OF BHEL a. BHEL reserves the following rights in respect of this contract without entitling the contractor for any compensation: b. To terminate the contract any time by giving fifteen day s notice without assigning any reasons thereof. c. To recover any amount due from the contractor under this or any other contract with BHEL etc. or in any other form, the sum of money BHEL is forced to pay anybody due to contractor s failure to fulfill any of his obligations. d. In the event of any dispute of any nature, the decision of BHEL shall be final and binding on the contractor. 18. STRIKES & LOCKOUTS The contractor will be fully responsible for any dispute and other issues connected with his employee. In the event of the contractor s employee resorting to strike BHEL shall have the right to get the work executed through any other agencies and the cost so incurred by BHEL, shall be deducted from the contractor s running bill/(s).

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