for providing manpower services on outsource basis · notice: - inviting proposal for providing...

Haryana Skill Development Mission

IP-2, Sector-3, Panchkula __________________________________________________________________________________

E- Tender Document

For Providing

Manpower Services

on Outsource Basis

Issued By

HARYANA SKILL DEVELOPMENT MISSION



SHORT TERM NOTICE INVITING E-TENDER

Note:- Due to e-tender portal process, the EMD, e-tender cost and the processing fees

is not visible on the e-tender portal, but they are a mandatory part and the

amounts of EMD, e-tender cost and processing fess needs to be submitted physically in form of individual Demand Drafts as per the details mentioned below:

EMD amount of Rs. 3 lacs to be submitted in form of Demand Draft in favour of

“Haryana Skill Development Mission” payable at Panchkula

E-tender fees of Rs. 2000/- to be submitted in form of Demand Draft in favour of “Haryana Skill Development Mission” payable at Panchkula

E-tender processing fees of Rs. 1,180/- to be submitted in form of Demand Draft in favour of “Society for IT initiative funds for e- governance” payable at

Chandigarh

E-Tender No. Description of Work

Total cost of Work

order

EMD (in

Rs.)

Security (Bank

Guarantee)

Date of downloading

e-tenders

documents

Last Date of

Submission

of bid

e-tender fee

HSDM/ Tender/03/2019-

20/3685

E-Tender for Providing

Clerks and Multi Skill

Workers(Peons)

on outsource basis

Rs. 60.00

Lakh Approx.

Rs. 3.00

Lakh

Rs. 6.00 Lakh

28.12.2019 27.1.2020 DD of Rs. 2000/- in

favor of Haryana Skill Development

Mission , payable at Panchkula



TENDER NOTICE

Notice: - Inviting Proposal for Providing Manpower Services on outsource

basis in Haryana Skill Development Mission. 1. Introduction:-

Haryana Skill Development Mission (HSDM) was established in May,

2015 by State Government in society mode with an aim to empower youth to take

part in the economic and all-round growth of Haryana and India through skill training

in modern and market-driven professions at reasonable cost and increase their

employment quotient, and thereby reducing poverty and socio-economic inequality.

Mission Director, Haryana Skill Development Mission (HSDM) invites bids

for providing manpower services on outsource basis. The bidders are requested to

read the tender document carefully and ensure compliance with all

specifications/instructions herein. Non-compliance with specifications/instructions in

this document may disqualify the bidders from the tender exercise. Mission Director,

Haryana Skill Development Mission reserves the right to select the service provider or

to reject any bid wholly or partly without assigning any reason. Incomplete tenders,

amendments and additions to tender after opening or late tenders are liable to be

ignored and rejected.

2. Services Required

The tenderers must submit their proposals for providing following

numbers of Clerks and Multi Skill Workers (Peons) at HSDM HQ Panchkula. Based

upon the requirements, the said clerks and peons may be posted anywhere in Haryana

at Govt. Industrial Training Institutes Premises & Offices etc.



Sr. No.

Services Required Number Educational Qualifications

1 Clerks 12 12th/Equivalent

Hindi/Sanskrit upto Matric

2 Multi Skill Workers (Peons)

10 8th/Equivalent

3. Eligibility Criteria for the bidder: -

The Bidders should have the following Eligibility for participating in Tender. The

Bidder should upload documentary evidence as mentioned below for fulfilling the

eligibility criteria of the Tender:-

Sr. No. Eligibility Criteria Signed & scanned copy to be

uploaded

1. Details of Bidder As per Annexure-II

2. Financial Bid Bidders who wish to participate in e-tender need to fill data in pre-defined form of Price Bid at

Annexure-III.

3. Experience in Business: Proof of experience of minimum 3

consecutive years in business of providing manpower for supply of

Clerks and Peons i.e FY 2016-17 , 2017-18 & 2018-19.

As per Annexure-IV

4. (a) The Bidder must have a positive

net worth based on the latest financial year i.e FY 2018-19. (b) The Bidder must have a turnover of

at least Rs. 1.00 crore in each FY i.e 2016-17 , 2017-18 & 2018-19

As per Annexure-V duly certified

by a practicing chartered Accountant.

5. Bidders should not have been blacklisted or otherwise debarred by any Central or State

Government/ Organization /PSU/ Institutions/ Corporations/ Boards / Establishments as on last date of

submission of bid.

A notarized Affidavit on a stamp paper of Rs. 100/- to the effect that it has never been blacklisted by any

central or State Government/ /PSU/ Institutions/ Corporations/ Boards / Establishments needs to be

furnished.

6. Valid Registration of the Agency/Company with concerned

Labour Department.

Self-attested Copies for all these certificates needs to be furnished.



7. Income Tax returns of FY 2016-17, 2017-18 and 2018-19.

Self-attested copies of the ITR for three financial years 2016-17, 2017-18 and 2018-19 needs to be

furnished.

8. Whether Certificate for unconditional acceptance of all the

terms and conditions of the tender on the Bidder's letter head

Duly Signed and Stamp.

9. PAN No. Self-attested copy of PAN Card

10. Valid EPF Number as employer Self-attested copy

11. Valid ESI Registration Number Self-attested copy

12. Service Tax number/ GST registration Number

Self-attested copy of valid Service Tax number/ GST registration Number

13. Cost of the Tender Rs. 2000/- Demand Draft in Favor of Haryana Skill Development Mission, payable at Panchkula.

14. EMD To be submitted as per tendering process in a shape of Demand Draft

in Favor of Haryana Skill Development Mission, Panchkula

5. Submission of Tenders

a) The financial bids of only those bidders shall be considered/opened who qualify

in the Technical Bid.

b) The quote in financial bid shall be monthly charges payable by the bidder to

Clerks and Peons inclusive of service tax, as applicable from time to time, and

all other applicable tax, service charges etc. Tender quoting service charges of

3% or less than 3% will be straight way rejected. The bidder must quote

service charges in %age up to two decimal places only. The financial bids

where Services Charges are quoted by bidders in more than two decimals

places will not be considered and will be straight way rejected.

c) Tender without the Earnest Money & tender cost will not be considered. The

Earnest money after the successful completion of work. No interest shall be

payable on security/EMD.

6. Selection of Lowest Bidder:



(a) Evaluation of Price Bids: The rates must be quoted in the Price bid template

as given at Annexure-III. The bidder quoting the lowest overall rate will be

declared L-1.

(b) The evaluation of bids shall be on the basis of service charges rates quoted in

the Financial Bid.

(c) In case more than one agency quotes the same minimum rates, then merit of

bidders QUOTING THE SAME MINIMUM RATES will be prepared on the basis

of Total Marks Scored as per criteria given as on Annexure-VI. The

bidders should submit the verified (duly signed and stamped) certificate from

concerned authorities from Govt. of Haryana (Boards/ Corp./ Deptt./Co-op

societies) .

7. Duration of the Contract:

The contract of Out Sourcing Agency/ Security Agency will be for a period of ONE

YEAR, which may be extended further at the sole discretion of HSDM with mutual

consent for a further period of maximum two years on the same rates, terms and

conditions subject to satisfactory performance of the services and statutory

compliance of all the terms and condition. The performance of the out Sourcing

Agency /Security Agencies will be reviewed after every 6 months and if the

performance of Out Sourcing Agency /Security Agencies is found unsatisfactory, the

contract of that Out Sourcing Agency /Security Agencies will not be extended further.

If during the period of 6 months, the performance of the out Sourcing Agency

/Security Agencies is found/reported unsatisfactory, the contract of the agency will be

liable to be terminated.

8. Documents Required For Technical Bid:

I. Details of Bidder as per Annexure-II

II. Work Experience Certificate as per Annexure-IV

III. Net worth & Turnover as per Annexure-V.

IV. A notarized Affidavit on a stamp paper of Rs. 100/- to the effect that it has never

been blacklisted by any Central or State Government /Organization /PSU/

Institution/ Corporations / Boards/Establishments.



V. Whether Certificate for unconditional acceptance of all the terms and conditions of

the tender on the Bidder's letter head

VI. Self-attested valid Registration of the Agency/Company with Labor department.

VII. Self-attested Copies of the ITR for three financial years 2016-17, 2017-18 & 2018-

19.

VIII. Self-attested copy of PAN Card

IX. Self-attested copy of valid EPF Number as employer

X. Self-attested copy of ESI Registration Number

XI. Self-attested copy of valid service tax/GST Registration certificate.

9. Financial/Price Bid

Name of Work: Providing Clerks and Peons in Haryana Skill Development Mission

Sr. No. Descriptions Rate

1 Basic Wages DC rate

2 EPF

3 ESI

4 GST

6 Service Charges (Pl. quote as percentage of only basic

wages) Tender quoting service charges of 3% or less than

3% will be rejected. The tenderer quote service charges %

age upto 2 decimal places only.

Rates (in words) Rates (in figures)

------------------------ ------------------%

Notes:-Rates quoted for each service must include.

a) Minimum Wages (DC rates of concern District) required to be paid to all

the workers to be deployed on the above services and payment will be

made on monthly basis.

b) Contribution towards EPF/ESI and other Statutory Provision like GST.

10. Terms of Payments:



1. For the payment of wages to the persons engaged to provide the various

services, the responsibility and liability will be of the contractor who shall pay

wages to such persons not less than The Minimum Wages Act as per, 1948

fixed by Haryana Government or DC rates of concerned Districts whichever is

higher. The payment shall be made after submission of bills by the contractor

after rendering satisfactory services to the entire satisfaction of the

management.

2. It is important to note that the facilities for welfare and Health under section

16 to 19 of the above Act ibid, wherever applicable have to be provided by the

Contractor and in the event of deficiency, the Principal Employer is liable to

provide the same at the cost of service provider.

3. Payment shall be on monthly basis to the contractor and the payment of wages

be made to contractual on DC rates of concerned Districts.

4. In case the contractor fails to make monthly payment to the labour engaged

by him and the Board is forced to make payment to avoid stoppage of the

essential work, the contract stands cancelled any security will be forfeited. The

HSDM shall also charge Rs. 500 per day for the days of delays on such

payments made by the HSDM till it is not deposited with HSDM by the

contractor.

5. No request for advance payment will be entertained and offer with such

conditions will not be considered.

6. The contractor will have to produce the register of wages or the register of

wages-cum-muster roll with copy of contribution/ deposit receipts of ESI and

EPF of the preceding month along with the bill, to be submitted before 3rd of

every calendar month for verification to the nominated official. The Contractor

shall ensure that payment to his employees is made in the presence of an

authorized representative of the HSDM.

7. All payments shall be made by the Mission Director Haryana Skill Development

Mission Haryana shall be after deduction of tax at source, wherever applicable

as per provisions of the Income Tax Act, 1961 and GST.



General Terms & Conditions

1. The contractor shall obtain all registration(s)/permission(s)/ license(s) etc.

which are/may be required under any labour or other Legislation(s) for

providing the services and submit the copy while submitting Tenders i.e.

Contractor/ service provider must obtain a license for that particular contract

for service.

2. The persons engaged by the contractor for providing the services in the

Haryana Skill Development Mission, Haryana shall be the employees of the

contractor only.

3. It will be responsibility of the contractor to ensure compliance of all the Central

and State Government Rules and Regulation with regard to the provisions of

the services. The contractor indemnifies and shall always keep Haryana Skill

Development Mission, indemnified against all losses, damages, claims, action

taken against Mission Director, Haryana Skill Development Mission, Haryana by

any authority/office in this regard.

4. The contractor undertakes to comply with the applicable provisions of all

welfare legislations and more particularly with the Contract Labour (Regulation

and Abolition) Act, 1970. The Contractor must obtain a license for that

particular contract for service as per the said Act. The contractor shall further

observe and comply with all Government laws concerning employment of staff

employed by him and shall duly pay all sums of money to such staff as may be

required to be paid under such laws. It is expressly understood that the

contractor is fully responsible to ascertain and understand the applicability of

various Acts, and take necessary action to comply with the requirements of

law.



5. The service provider must maintain record of man power regarding duty

schedules, attendance, salary disbursement, wages and leave etc. pertaining

to personal deployed by him not only for compliance of the wage laws but also

submit an attested photocopy of the record.

6. The compliance of all statutory provisions contained in the Chief Secretary to

Government Haryana instruction no. 43/5/2001-3GS-II dated 20.02.2014 and

instructions no. 16/7/2015=1GS-II dated 06.04.2015 and instructions issued

from Govt. time to time shall be strictly followed by the contractor.

7. The works shall be carried out as per directions and up to the satisfaction of

the Mission Director Haryana Skill Development Mission, Haryana or authority.

8. The contractor will have to execute an agreement on non-judicial stamp paper

as standard terms and conditions of the contract. Besides it he has to deposit

Rs. 3.00 Lakh/- as security deposit in the shape of Bank Guaranty.

9. I-Card and uniform will be issued by the contractor to his staff for their

identification.

10. Mission Director Haryana Skill Development Mission, Haryana / authorized

officer will be at liberty to turn out any of the contractor staff member if found

in undesirable activities and no worker will be allowed to reside at the place of

duty.

11. The contractor shall not dismantle any item without the knowledge of Mission

Director Haryana Skill Development Mission, Haryana / authorized officer.

12. Any material taken out from the building shall have necessary permission from

the Institute/ authorized officer in the form gate pass.

13. The contactor shall be responsible for his employees Welfare Statutory

requirement as per rules and preferable be insured against risk. Any problem/

disputes relating to labour/staff will be sole responsibility of the contractor and

department will not be responsible in any way for the payment on this account.

14. The contractor shall maintain a register where compliance about daily/weekly

and monthly works be recorded. In case any deficiency in the terms and

condition of the contract is found at any stage, the security deposit is liable to

be forfeited and action will be taken for the cancellation of contract.



15. Proper complaint register and the reception shall be maintained. The complaint

shall be attended immediately and the disposal of the complaint shall be

entered in the register with time.

16. Any staff member found incompetent suitable or mis-behaving or not

complying with the instructions of the Officers/Officials of Haryana Skill

Development Mission, Haryana, shall be replaced immediately under the

instruction of the Mission Director Haryana Skill Development Mission, Haryana

/ authorized officer.

17. Either party shall have right to terminate agreement by giving 15 days prior

notice.

18. The department shall not be responsible for employment or any other

compensation in case of accident/death or any other circumstances payable to

the employees of the firm put on duty.

19. No claim on account of fluctuations on rates shall be entertained.

20. No living or other accommodation shall be provided by the Mission Director

Haryana Skill Development Mission, Haryana, and Haryana.

21. An inventory of items in the premises shall be made and the contractor shall

be responsible for any loss/ damage to these items.

22. The contractor shall execute the works according to the General Performance

standards.

23. The Mission Director Haryana Skill Development Mission, Haryana, has right to

accept/reject the tender without assigning any reason.

24. In case of any dispute in respect of this contract, the same shall be subject to

arbitration by the sole arbitrator to be appointed by the Mission Director

Haryana Skill Development Mission, Haryana, whose decision shall be final and

binding on both the parties.

25. The Contractor must ensure the payment to staff by 07th of each month from

his own resources.

26. The invoices of contractor must accompany the EPF/ESI Challans of previous

month and ledgers of employees as an evidence of deposit of EPF and ESI .

27. There should be adequate off-site backup, trained, to ensure 100% service

delivery



28. The Service Provider shall maintain updated all statutory records at our

premises regarding duty schedules, attendance and leave, salary disbursement

etc. pertaining to the personnel deployed by him in the said premises.

29. Service Provider shall bring in its own equipment for cleaning and shall be

responsible for maintaining these equipments at all time. All costs for

purchase/repair/spares/ maintenance etc for these equipments will be borne

by Service Provider.

30. Before submission of the bill, the Agency shall ensure that the payment of

persons deployed by the Agency have been made for the billed period.

31. Contractor or his representative will remain in constant touch with concerned

official of Haryana Skill Development Mission, Haryana for better understanding

and effective work.

32. The contractor shall assess the requirement as mentioned in the scope of work

and accordingly deploy sufficient number of man power.

33. This is not a man power contract and is purely service contract.

34. The successful contractor will execute the Agreement as per Terms &

Conditions as well as instructions/guidelines issued by Chief Secretary to Govt,

of Haryana vide Endst. No. 16/7/2015-1 GSII dated 06-04-2015, instructions

issued by Govt. time to time.

35. The successful contractor will follow the CS Govt. Haryana letter

no.22/104/2014-1GS III dated 12.03.2018. To grant of reservation while

engaging contractual manpower under Part-II of outsourcing policy.



Application Form for the Contract of Supply of Clerks and Multi Skill Workers (Peons) In Haryana Skill Development Mission

1. Name of applicant: ________________________

2. Father's Name: ________________________

3. Date of Birth: ________________________

4. Correspondence Address: ________________________

5. Telephone No. ________________________

6. Permanent Address: ________________________

7. Telephone No. ________________________

8. Previous Experience (Attach ________________________

Relevant documents)

Name of Contract Govt./Private

Building

Period

9. Financial Status (Attach Proof) ________________________

Signature of Contractor



Annexure-I

SERVICE AGREEMENT

THIS AGREEMENT is made on this -------- day of -------, between the MISSION

DIRECTOR,HARYANA SKILL DEVELOPMENT MISSION,HARYANA of the first part and M/s --

------------------------------------------------------------------------------------(hereinafter referred to

as “Service Provider” which expression shall, unless repugnant to the context or meaning

thereof, be deemed to mean and include its/his/her/their respective heirs, executors,

administrators and successors/the partner(s) for the time being of the said firm the survivor(s)

of them and the executors, administrators and successors of the surviving partners, as the

case may be ) of the second part.

WHEREAS the Service Provider is engaged in the business of providing Security, Event

Management, Labour, Manpower Services.

AND WHEREAS the Service Provider has expressed his keen desire to provide the said services to the

department under this agreement.

AND WHEREAS on the aforesaid representation made by the Service Provider to the Department, the

Parties hereby enter into this agreement on the terms and conditions appearing hereinafter.

Now, Therefore, This Agreement Witnessed and It is agreed by and between the parties as under:

1. SERVICE PROVIDER’S REPRESNTATIONS AND WARRANTIES

The Service Provider hereby represents warrants and confirms that the Service Provider;

1.1 Has full capacity, power and authority to enter into this agreement and during the

continuance of this agreement, shall continue to have full capacity, power and authority

to carry out and perform all its duties and obligations as contemplated herein and has

already taken and shall and continue to take all necessary and further actions ( including

but without 1 limiting to the obtaining of necessary approval/ consents in all applicable

jurisdictions) to authorize the execution, delivery and performance of this agreement.

1.2 Has the necessary skills, knowledge, expertise, adequate capital and competent personnel, system and Personnel, system and procedures, infrastructure and capability to perform its obligations in accordance with the terms of this agreement and to the satisfaction of

the Government. 1.3 Shall, on the execution of this agreement and providing services to the Department, not

violate, break and Contravene any conditions of any agreement entered with any third

party/ies

1.4 Has complied with and obtained necessary permissions / licenses/ authorizations under

the Central, State and local authorities and obtained all required permissions / licenses

for carrying out its obligations under this agreement.



2. OBLIGATIONS OF THE SERVICE PROVIDER

(a) The Service Provider shall operate and provide services to the Department at its

various sites on 05 Days a week from 8.30 am to 5:30 p.m.

(b) The regularity of the performance of the service will be the essence of this agreement

and shall form a Central factor of this agreement. The Service Provider shall take all

possible steps to ensure to maintain its performance as determined by the Department

from time to time.

(c) The assessment made by the Service Provider in the tender including number of

personnel of various descriptions as required to provide/give the required quality of

services shall be final and acceptable by and binding upon the Service Provider.

(d) If the Department notices that the personnel of the Service Provider has/have been

negligent, careless in rendering the said services, the same shall be communicated

immediately to the Service Provider who will take corrective steps immediately to avoid

recurrence of such incidents and reports to the Department.

(e) If any of the personnel of the Service Provider indulges in theft, negligence or any

illegal/irregular activity, misconduct, the Service Provider shall take appropriate action

against its erring personnel and intimate accordingly to the Department or itself can

take action in accordance with law.

(f) The Service Provider shall furnish a personal guarantee of its Managing

Director/Partner, guaranteeing the due performance by the Service Provider of its

obligations under this agreement.

3. TERMS OF PAYMENT

a. For the payment of wages to the persons engaged to provide the various services, the

responsibility and liability will be of the contractor who shall pay wages to such persons

not less than The Minimum Wages Act as per, 1948 fixed by Haryana Government or

DC rates of Panchkula whichever is higher. The payment shall be made after

submission of bills by the contractor after rendering satisfactory services to the entire

satisfaction of the management.

b. It is important to note that the facilities for welfare and Health under section 16 to 19

of the above Act ibid, wherever applicable have to be provided by the Contractor and

in the event of deficiency, the Principal Employer is liable to provide the same at the

cost of service provider.

c. Payment shall be on monthly basis to the contractor and the payment of wages be

made to contractual labour on fixed minimum wages or DC rates of respective districts.

d. In case the contractor fails to make monthly payment to the labour engaged by him

and the Board is forced to make payment to avoid stoppage of the essential work, the

contract stands cancelled any security will be forfeited. The HSDM shall also charge

Rs. 500 per day per employee for the days of delay on such payments made by the

HSDM till it is not deposited with HSDM by the contractor.

e. No request for advance payment will be entertained and offer with such conditions

will not be considered.



f. The contractor will have to produce the register of wages or the register of wages-

cum-muster roll with copy of contribution/ deposit receipts of ESI and EPF of the

preceding month along with the bill, to be submitted before 7th of every calendar

month for verification to the nominated official. The Contractor shall ensure that

payment to his employees is made in the presence of an authorized representative of

the HSDM.

g. All payments shall be made by the Mission Director Haryana Skill Development Mission,

Haryana shall be after deduction of tax at source, wherever applicable as per

provisions of the Income Tax Act, 1961.

4. SUBMISSION AND VERIFICATION OF BILLS

The Service Provider shall submit on a monthly basis the bills for the services rendered

to enable the Mission to verify and process the same.

5. DISCIPLINE

(a) The Service Provider shall issue identity cards, on its own name and trading style, to

its personnel deputed for rendering the said services, which at Department’s option, and

would be subject to verification at any time. The Department may refuse the entry into

its premises to any personnel of the Service Provider not bearing such identity card or

not being perfectly dressed.

(b) The Department shall always have the right and liberty to do surprise inspection at

its sites.

(c) The Services rendered by the Service Provider under this agreement will be under

close supervision, co-ordination and guidance of the Department. The Service Provider

shall frame appropriate procedure for taking immediate action as may be advised by the

Department from time to time.

(d) It is understood between the parties hereto that the Service Provider alone shall

have the right to take disciplinary action against any person(s) to raise any dispute and/or

claim whatsoever against the Department. Department shall under no circumstances be

deemed or treated as the employer in respect of any person(s) engaged/employed by

the Service Provider for any purpose, whatsoever nor would Department be liable for any

claim(s) whatsoever, of any such person(s).

6. NATURE OF AGREEMENT

The parties hereto have considered agreed to and have a clear understanding on the

following aspects:

(a) This agreement is on the principal to principal basis and does not create and shall

not deem to create any Employer-employee relationship between the Department and

the Service Provider. The Service Provider shall not by any acts, deeds or otherwise

represent any person that the Service Provider is representing or acting as agent of

Department, except to the extent and purpose permitted herein.



(b) This agreement is for providing the aforementioned services and is not an agreement

for supply of contract Labour. It is clearly understood by the Service Provider that the

persons employed by the Service Provider for providing services as mentioned herein,

shall be the employees of the Service Provider only and not of the Department. The

Service Provider shall be liable to make payment to its said employees towards their

monthly wages/salaries and other statutory dues like Employees Provident Fund,

Employees State Insurance, minimum wages, bonus, gratuity etc.

(c) Department shall not be liable for any obligations/responsibilities, contractual, legal

or otherwise, towards the Service Provider’s employees/agents directly and/or indirectly,

in any manner whatsoever.

7. STATUTORY COMPLIANCES

(a) Service Provider shall obtain all registration(s)/permission(s)/ license(s) etc. which

are/may be required under any labour or other legislation(s) for providing the services

under this agreement.

(b) It shall be the Service Provider’s responsibility to ensure compliance of all the Central

and State Government Rules and Regulations with regard to the provisions of the services

under this agreement. The Service Provider indemnifies and shall always keep Department

indemnified against all losses, damages, Claims actions taken against Department by any

authority/office in this regard.

(c) The Service Provider undertakes to comply with the applicable provisions of all welfare

legislations and more particularly with the Contract Labour (Regulation and Abolition) Act,

1970, if applicable, for carrying out the purpose of this agreement. The Service Provider

shall further observe and comply with all Government laws concerning employment of staff

employed by the Service Provider and shall duly pay all sums of money to such staff as

may be required to be paid under such laws. It is expressly understood that the Service

Provider is responsible to ascertain and understand the applicability of various Acts, and

take necessary action to comply with the requirements of law.

8. ACCOUNTS AND RECORDS

(a) The Service Provider shall maintain accurate accounts and records, statements of all

its operations and expenses in connection with its functions under this agreement in the

manner specified by the Department.

(b) The Service Provider shall forthwith upon being required by the Department, allow

Department of any of its authorizes representatives to inspect, audit or take copies of any

records maintained by the Service Provider. The Service Provider shall also cooperate in

good faith with the Department to correct any practices which are found to be deficient as

a result of any such audit within a reasonable time after receipt of the report from the

Department. However, upon discovery of any discrepancies or under payment the Service

Provider shall immediately reimburse the Department for such discrepancies or overcharge.



9. INDEMNIFICATION

(a) The Service Provider shall at its own expenses make good any loss or damage suffered

by the Department as a result of the acts of commission or omission, negligently or

otherwise of its personnel while providing the said services at any time of the premises of

the Department or otherwise.

(b) The Service Provider shall at all times Indemnify and keep indemnified that Department

against any claim on account of disability / death of any of its personnel caused while

providing the services within/outside the site or other promises of the Department which

may be made under the workmen’s Compensation Act, 1923 or any other Acts or any other

Statutory modifications hereof or otherwise for or in respect of any claim for damage or

compensation payable in consequence of any accident or injury sustained by the working

or there personnel of the Service Provider or in respect of any claim, damage or

compensation under labour laws or other laws or rules made there under by any person

whether in the employment of the Service Provider or not, who provided or provides the

service at the site or any other premises of the Department shall be as provided

hereinbefore.

(c) The Service Provider shall at all times indemnify and keep indemnified the Department

against any claim by any third party for any injury, damage to the property or person of

the third party or for any other claims whatsoever for any acts of commission or omission

of its employees or personnel during the hours of providing the services at the

Department’s premises or before and after that.

(d) That, if at any time, during the operation of this agreement or thereafter the

Department is made liable in any manner whatsoever by any order, direction or otherwise

of any Court authority tribunal, to pay any amounts whatsoever in respect of or to any of

present or ex-personnel the Service Provider or to any third party in any event not

restricted but including as mentioned in sub-clauses No (a),(b) and (c) hereinabove, the

Service Provider shall immediately pay to department all such amounts and costs also and

in all such cases/events the decision of Department shall be final and binding upon the

Service Provider. The department shall entitled to deduct any such amounts as aforesaid,

from the security deposit and/or from the pending bills of the Service Provider.

10. LIABILITIES AND REMEDIES

In the event of failure of the Service Provider to provide the services or part thereof mentioned

in this agreement for any reasons whatsoever, the Department shall be entitled procure

services from other sources and the Service Provider shall be liable to pay forthwith the

Department the difference of payments made to such other sources, besides manage

double the rate of payment.

11. LOSSES SUFFERED BY SERVICE PROVIDER

The Service Provider shall not claim any damages, costs, charges, expenses, liabilities

arising out of performance/non-performance of service, which it may suffer or otherwise

incur by reason of any act/omission, negligence, default or error in judgment on part of



itself and /or its personnel in rendering or non-rendering the services under this

agreement.

12. TERM

This agreement shall be effective for a period of One Yearwith effect from……… Up to

……………….and can be extended further for such period and on such terms and conditions

as may be deemed Fit and proper by the Department.

13. TERMINATION

(a) Either party can terminate this agreement by giving one month’s written notice to the

other without assigning any reason and without payment of any compensation thereof.

However, the department shall give only a 24 hours’ notice of termination of this

agreement to the Service Provider when there is a major default in compliance of the

terms and conditions of this agreement or the Service Provider has failed to comply with

its statutory obligations.

(b) If Service Provider commits breach of any covenant or any clause of this agreement,

Department may send a written notice to Service Provider to rectify such breach within

the time limit specified in such notice. In the event Service Provider fails to rectify such

breach within the stipulated time, the agreement shall Forthwith stand terminated and

Service Provider shall be liable to Department for losses or damages on account of such

breach.

(c) The Department shall have the right to immediately terminate this agreement if the

Service Provider becomes insolvent, ceases its operations, dissolves, files for bankruptcy

or bankruptcy protection, appoints receivers, or enters into an arrangement for the

benefit of creditors.

14. ASSIGNMENT OF AGREEMENT

This Agreement is executed on the basis of the current management structure of the Service

Provider. Henceforth, any assessment of this agreement, in part or whole, to any third

party without the prior written consent of the Department shall be a ground for termination

of this agreement forthwith.

15. COMPOSITION AND ADDRESS OF SERVICE PROVIDER

(a) The Service Provider shall furnish to the Department all the – relevant papers

regarding its constitution, names and addresses of the management and other key

personnel of the Service Provider and proof of its registration with the concerned

Government authorities required for running such a business of Service Provider.

(b) The Service Provider shall always inform the department in writing about any change

in its address or the names and addresses of its key personnel. Further, the Service

Provider shall not change its ownership without prior approval of the Department.


IP-2, Sector-3, Panchkula __________________________________________________________________________________ 16. SERVICE OF NOTICES

Any notice or other communication required or permitted to be given between the parties

under this agreement shall be given in writing at the following address or such other

addresses as may be intimated from time to time in writing.

Mission (1st Party) Service Provider (2nd Party)

17. CONFIDENTIALITY

It is understood between the parties hereto that during the course of business

relationship, the Service Provider may have access to confidential information of

Department and it undertakes that it shall not, without Department’s prior written

consent, disclose, provide or make available any confidential information in any Form

to any person or entity or make use of such information. This clause shall survive for a

period of 1 Year from the date of expiry of this agreement or earlier termination thereof.

18. ENTIRE AGREEMENT

This agreement represents the entire agreement, the parties and supersedes all previous

or other writings and Understandings, oral or written and further any modifications to this

agreement, if required shall only be made in writing.

19. AMENDMENT / MODIFICATION

The parties can amend this agreement at any time. However, such amendment shall be

effective only when it is reduced in writing and signed by the authorized representatives

of both parties hereto.

20. SEVERABILITY

If, for any reason, a court of competent jurisdiction finds any provision of this

agreement, on portion thereof, to be unenforceable, that provision of the agreement will

be enforced to the maximum extent permissible so as to effect the intent of the parties,

and the remainder of this agreement shall continue in full force and effect.

21 CAPTIONS

The various captions used in this agreement are for the organizational purpose only and

may not be used to interpret the provisions hereof. In case of any conflicts between the

captions and the text, the text shall prevail.

22 WAIVER

At any time any indulgence or concession granted by the Department shall not alter or

invalidation this agreement nor constitute the waiver of any of the provision hereof after such

time, indulgence or concession shall have been granted. Further, the failure of the Department

to enforce at any time, any of the provisions of this agreement or to exercise any option which

is herein provided for requiring at any time the performance by the Service Provider of any

of the provisions hereof shall in no way be constructed to be a waiver of such provisions of


IP-2, Sector-3, Panchkula __________________________________________________________________________________ this agreement nor in anywhere affect the validity of this agreement or any part thereof or

the right of the Department to enforce the same in part or in the entirety of it. Waiver, if any,

has to be in writing.

23. FORCE MAJEURE

Neither party shall be in default if a failure to perform any obligation hereunder is caused

solely supervening conditions beyond that party’s reasonable control, including acts of God,

commotion, strikes, acts of terrorism, labour disputes and governmental or public authority

demands or requirements.

24. DISPUTE RESOLUTION

This agreement shall be deemed to have been mode/executed at Panchkula for all purposes.

In the event any dispute related to the interpretation or rights or liabilities arising out of this

agreement, the same shall, at first instance, be amicably settled between the parties. If any

dispute is not settled amicably, the same shall be referred to the sole arbitrator to be

appointed by the Department. The award given by the arbitrator shall be final and binding on

the parties. The venue of arbitrator shall be Panchkula.

25. GOVERNING LAW/JURISDICTION

The applicable law governing this agreement shall be the laws of India and the courts of

Panchkula have the exclusive jurisdiction to try any dispute with respect to this agreement.

26. TWO COUNTERPARTS

This agreement is made in duplicate. The Service Provider shall return a copy of this

agreement duly signed and stamped as a token of acceptance of all terms and conditions

mentioned above in the event of commencement of order acceptance, it will be taken that all

terms are acceptable.

In Witness Whereof The Department And The Service Provider Above Said

Have Hereunto Subscriber Their Hands On The Day Month And Year First

Mentioned Above In The Presence Of The Following Witnesses:

SIGNED, SEALED AND DELIVERED WITNESSES

1. Signature : Signature : Name : Name :

Date : Date :

Designation : Designation :

For and on behalf of the Service provider

2. Signature : Signature :

Name: Name:

Date: Date


IP-2, Sector-3, Panchkula __________________________________________________________________________________ Designation: Designation

Annexure-II

Bidder Profile Template

Sr. No. Particulars To be provided by Bidder

1. Name of Firm

2 Complete Address

3 Email Id

4 Website, if any

5 Phone Nos./Mobile No.

6 Authorized Signatory

Name:

Designation:

Phone No./Mobile No.

E-mail Address

I/we hereby state that:-

1- I/we have read all the schedules, appendices, annexure to the tender

document, terms & Conditions carefully.

2- This technical bid contains page No ----- to ------ I/we have signed each &

every page.

3- I/we hereby verify that all the details and documents given above and

attached with these technical bids are true to the best of my/our

knowledge and belief. In any discrepancy is found at a later stage or if any

information/document submitted is found to be incorrect/false, our bid

is bound to be rejected and we will be liable for any action as a result

thereof.



I/we understand that the above technical qualifications are minimum and

will have to be fulfilled by me/us to be eligible to participate in the price

bid.

4- I/we hereby agree to abide by all the terms & conditions laid down in the

detailed notice inviting e-tender documents.

Authorized signatory/signature of service provider

With complete Address & Mobile no.



Annexure-III

FINANCIAL/PRICE BID

Name of Work: Providing supply of Clerks/Peons in Haryana Skill Development

Mission, Haryana

Sr. No. Descriptions Rate

1 Basic Wages DC rates

2 EPF

3 ESI

4 GST

6 Service Charges (Pl. quote as percentage of only basic wages)

Tender quoting service charges of 3% or less than 3% will be

rejected. The tenderer quote service charges % age upto 2

decimal places only.

Rates (in words) Rates (in figures)

------------------------ ------------------%

Notes:-1. Rates quoted for each service must include.

a) Minimum Wages (Fixed by Labour Department, Govt. of Haryana from

time to time or DC rates of concern District whichever is higher) required

to be paid to all the workers to be deployed on the above services and

payment will be made on monthly basis.

b) Contribution towards EPF/ESI and other Statutory Provision like GST.



Annexure-IV

WORK EXPERIENCE CERTIFICATE

(on client letter head)

It is certified that M/s. _______________________________________

had provided/been providing manpower services to ____________ and

this premises located at _____________________ vide

contract/Agreement/MOU bearing NO. _________ dated

______________ for the period form _______________(date) to

_____________(date) and the performance of the firm was satisfactory

during the period of contract.

The Financial component of the Clerks/Peons/Cleaning/ Gardening

/watch and ward/security contract for the subject services was Rs.

______________(in words) Rs._____________ during the contract/Year.

Signature of the organization or its authorized signatory

Name:_____________

Designation:___________________

Date and seal:___________________



ANNEXURE-V

Format of Net Worth & Turnover

The Net Worth of Mr./Ms./M/s _____________________ for Financial Year

2018-19 is Rs. _______Lakhs as per his/her/their books of Accounts.

(Note: Net Worth means sum total of paid up share capital plus free reserves. Further

any debit balance of Profit and Loss Account and Misc. Expenses to the extent not

adjusted/ or written off, if any, shall be reduced from Reserves and Surpluses. )

The Turnover of Mr./Ms./M/s _______________________________ for

last three financial years as per his/her/their books of Accounts was as

under:

Sr. No Financial years Turnover (Lakh Rs. )

1 2016-17

2 2017-18

3 2018-19

AGGREGATE of above three years

Signature of Chartered Accountant

Name:

Membership No:

Seal:



ANNEXURE-VI

Selection Criteria on The Basis of Total Marks Scored as per the table

given below

Note: Detail for above sr. no. 1, 4 and 5 should be verified by the concerned

department Corporation/ Board on their letter head by authority signature.

Sr. No. Description Marks

1.

Number of years in operation (Experience)

Max. 20 marks

a) Up to 3 years 5 marks

b) More than 3 years and up to 10 years 10 marks

c) More than 10 years and up to 14 years 15marks

d) More than 14 years 20marks

2.

Average turnover of last 3 years Max. 15 marks

a) Up to 8 crores 5marks

b) More than 8 crores and upto 25 crores 10marks

c) More than 25 crores and upto 50 crores 15marks

3.

No. of offices in Haryana Max. 10 marks

a) 2 office 5 marks

b) More than 2 office 10marks

4.

Number of manpower on rolls Max. 20 marks

a) Up to 1000 5 marks

b) More than 1000 and upto 2000 10 marks

c) More than 2000 and upto 3500 15marks

d) More than 4000 20marks

5.

No. of contracts/ work order allotted by Govt. of Haryana (Boards/ Corp./ Deptt./Co-op societies)

Max. 15 marks

a) 0 to 5 5 marks

b) 6 to 10 10 marks

c) 11 to 15 15marks