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Additional Terms and Condition For Services

The Service Provider should have a legal status, as a single legal entity, must b incorporated and registered in India under the Indian Companies Act 1956 or a Limited Liability Partnership (LLP) registered under the LLP Act, 2008 or Indian Partnership Act 1932 and should have been in operation in India.
The Service provider shall be responsible for ensuring compliance with the provisions related to Labour Law [Central/State] and specially Minimum Wages Act, Payment of Wages, Employees Provident Fund, ESI Act, Payment of Bonus Act, Contract Labour [R&A] Act, Workmen Compensation Act, etc. as applicable from time to time. The Service Provider will comply all statutory provisions of law, rules and regulations of Act and keep this office informed about any amendment in the law from time to time.
The Service Provider shall submit a valid EPF, ESI & service Tax registration certificates, a valid contract labour license & VAT clearance certificate with TIN.
The Service Provider has to submit the list of similar works executed during the last 3 years and list of similar works executed.
The Service Provider shall ensure that all the relevant licenses/registrations/permission, which are/may be required related to the services provided are valid during the entire period of the contract, failing so will attract the appropriate penalties.
The contract shall become legally binding and in force only upon submission of Performance Security Deposit and it is expected that the security deposit is submitted and work commenced within 15 days of issue of the contract.
The persons supplied by the Agency should not have any Police records/criminal cases against them. The Service Provider should make adequate enquiries about the character and antecedents of the persons whom they are recommending. The character and antecedents of persons will be verified by the Service Provider before their deployment through local police, collecting proofs of residence, driving license, bank account details, previous work experience and recent photograph and a certification to this effect submitted to this office.
The service provider is liable to disclose in case he has been blacklisted by any of the organizations under any of the services rendered by the service provider. Failure to disclose the same at the beginning can lead to termination of the contract at any phase.
The Service Provider would select the States on the GeM portal (Specific States and Union Territories of India) where it can provide its Services during the time of offering the service. The same will be selected by the Buyer during the time of buying.
The service provider will also ensure that the personnel deployed are medically fit and will keep in record a certificate of their medical fitness. The Service Provider shall withdraw such employees who are not found suitable by the office for any reasons immediately on receipt of such a request.
There is no Master and Servant relationship between the employees of the service provider and this office and further that the said person of the service provider shall not claim any absorption in this office or the Government of India.
The service providers person shall not claim any benefit/ compensation/ absorption/regularization of services from/in this office under the provision of Industrial Disputes Act., 1947 or Contract Labour (Regulation & Abolition) Act, 1970. Undertaking from the persons to this effect shall be submitted by the service provider to this office.
The service providers personnel shall not divulge or disclose to any person, any details of office, operational process, technical know-how, security arrangements and administrative / organizational matters as all are of confidential/secret nature.
The service providers personnel should be polite, cordial, positive and efficient, while handling the assigned work. The service provider shall be responsible for any act of indiscipline on the part of persons deployed by him. The agency shall be bound to prohibit and prevent any of their employees from being intoxicated while on duty, trespassing or acting in any detrimental or prejudicial to the interest of this office. The decision of the officer In charge upon any matter arising under the clause shall be final and binding on the agency.
The functional control over the personnel deployed by the Agency will rest with this office and the disciplinary administrative / Technical control will be with the Agency.
The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The bio-data, qualification and experience of the said manpower should be certified by the Service Provider.
This office may require the service provider to dismiss or remove from the site of work, any person or persons, employed by the service provider, who may be incompetent or for his/ her/their misconduct and the service provider shall forthwith comply with such requirements. The Service provider shall replace immediately any of its personnel, if they are unacceptable to this office because of security risk, incompetence, conflict of interest and breach of confidentiality or improper conduct upon receiving written notice from office.
The service provider has to provide Photo Identity Cards to the persons employed by him/her for carrying out the work. These cards are to be constantly displayed & their loss reported immediately. The service provider shall provide uniforms to the different categories of personnel sponsored by him and would also ensure that all the employees wear appropriate uniforms and safety gear and adhere to the safety standards wherever applicable. All staff would be in a neat, clean and well-groomed appearance and should carry proper ID cards as provided by the service provider including proper name badges. In case of violations suitable penalties shall be applicable.
The service provider must provide a list of the name, address a contact person's telephone number, facsimile number and email address of all its staff, transporters and subcontractors along with their roles in the management of the service.
The transportation, food, medical and other statutory requirements in respect of each personnel of the service provider shall be the responsibility of the service provider.
The service provider will submit his monthly bill in triplicate towards the service rendered on the previous month to the user. Payment shall be effected by Credit into the bank account of the Service provider through ECS/RTGS within 10 days from the date of receipt of bills with supporting documents, complete in all respect. The Service provider will have to intimate the Bank account number and other details of the Bank to enable the user department to credit the payment directly into the account. User Department shall pay the service provider all amount on an invoice, that are not the subject bona fide dispute, within 10 days after departments receipt of a valid invoice that complies in all material respect in terms of this agreement; the payment shall be subject to any reduction such as penalty, statutory deductions etc.
No wage/remuneration will be paid to deployed persons for the days of absence from duty. The service provider will provide the required personnel for a shorter period also, in case of any exigencies as per the requirement of this office.
The service provider shall provide a substitute well in advance if there is any probability of the person leaving the job due to his/her own personal reasons. The payment in respect of the overlapping period of the substitute shall be the responsibility of the service provider.
The service provider shall be contactable at all times and messages sent by phone /e- mail/ fax / special messenger from this office shall be acknowledged immediately on receipt on the same day. The Service Provider shall strictly observe the instructions issued by the Department in fulfilment of the contract from time to time.
The Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
This office shall not be liable for any loss, damage, theft, burglary or robbery of any personal belongings, equipment or vehicles of the personnel of the service provider.
That the Service Provider on its part and through its own resources shall ensure that the goods, materials and equipment etc. are not damaged in the process of carrying out the services undertaken by it and shall be responsible for acts of commission and omission on the part of its staff and its employees etc. If this office suffers any loss or damage on account of negligence, default or theft on the part of the employees/agents of the agency, then the agency shall be liable to reimburse to this office for the same.
The agency shall keep this office fully indemnified against any such loss or damage. For any accident or casualty occurred during the course of working to any staff deployed by the Agency, the liability that will arise out of the accident will be borne by the Agency. The responsibility will remain with Agency and this office will no way be responsible for it or any other clause mentioned above.
This office will maintain an attendance register in respect of the staff deployed by the agency on the basis of which wages/remuneration will be decided in respect of the staff at the approved rates.
The service provider shall not assign, transfer, pledge or sub contract the performance of services without the prior written consent of this office.
The agreement can be terminated by either party by giving one month's notice in advance. If the agency fails to give one month's notice in writing for termination of the Agreement then one month's wages etc and any amount due to the Service Provider from the office shall be forfeited.
That on the expiry of the agreement as mentioned above, the agency will withdraw all its personnel and clear their accounts by paying them all their legal dues. In case of any dispute on account of the termination of employment or non-employment by the personnel of the agency, it shall be the entire responsibility of the agency to pay and settle the same.
The bidders shall have to obtain the required license from the licensing authority of respective Department/Circle/Division/Other units before deployment of personnel in this office.
That if any amount is found payable by the Service provider towards wages, allowances and statutory dues in respect of personnel or any loss to this office property, the same shall be adjusted from the security deposit of the extent of the amount so determined reserving right to recover the deficit amount through other modes of recovery including the right to terminate the agreement without notice.
A logbook of each instance of violation of contractual obligations by the service provider shall be maintained online per the format given by users. Every violation shall attract penalty as mentioned against each obligation as per the above format.
The work order conveys final agreement between User Department and contractor on terms and conditions and is exclusive statement of terms of their agreement. In case of discrepancy between general conditions and specifications, drawings furnished by User Department, the latter shall take precedence.
The order maybe amended, modified or rescinded only in writing by both parties and their duly authorized representatives pursuant to terms stated therein.
The contractor shall provide at his cost, all necessary material, tools, tackles, skilled manpower for proper execution of works specified in the schedule of the quantities and as per drawings and specifications. If any extra cost is specified in the contract the same may be authorized by the user departments before utilizing the same. Any discrepancy on schedule of quantities and drawings shall be brought to notice of User Department for decision, immediately.
Contractor shall provide detail bar - chart of activities based on completion period and civil work schedule made on MS project or similar software and get approval prior to starting the work. Activity mile stones for supply of important material and completion of specific jobs shall be indicated clearly.
All the materials to be supplied for execution of works shall be of first quality, new and strictly as per specifications. In case, User Department procures such items and handover the same for fixing to the contractor, the contractor will receive the goods, open the crates and report any discrepancies, store it in his custody until required, install and commission it with necessary care and the best workmanship. All the works shall be executed with highest quality of workmanship and as directed by User Department/ Engineer. In case, of mock-ups or approved samples, the quality & material below that standard will be rejected.
Quantities given in the BOQ are tentative and can be changed or varied to any degree. Also the Department reserves the right to delete or increase any items of work. No extra claims of whatsoever nature will be entertained on this account. The drawings wherever applicable shall be approved by the user departments prior to start of such work and these may indicate extent and general arrangement of various equipment. These are for guidance of contractor and exact locations, dimensions; clearance will be governed by site conditions. Contractor is required to go through the drawings and regulations prior to starting of works. Any discrepancy/changes required shall be reported to Department.
The contractor shall be deemed to have satisfied himself before tendering as to correctness and sufficiency of his tender for works and prices quoted therein which shall cover all obligations under contract for satisfactory completion of works, and stipulated performance of system/equipment in his preview.
The measurement of completed works shall be taken jointly from time to time as mutually agreed. Contractor shall send his representative for assisting User Department or their representative for measurements and shall furnish all particulars required to complete measurements. Contractor shall maintain a measurement book at site. All joint measurements taken shall be entered in the measurement book section wise and signed by all present for joint measurement. \
Any defect, faults, deterioration in performance of the material and installations which may appear, during the Defect Liability Period of 12 months from the virtual completion of contract shall be amended/made good by the contractor at his own cost within a reasonable time. In case of default, User Department may employ and pay other person to make good the defects and deduct the expenses from the dues payable to contractor on certification from user in-charge. The defect liability period unless otherwise specifically agreed shall be 12 months.
The works shall not be considered as completed until same have been certified by the user departments. The Defects Liability Period shall commence from the date of completion as certified by the user in-charge.
On successful completion of entire works covered by the Contract to the full satisfaction of User Department, the Contractor shall ensure that the following works have been completed to the satisfaction of user in-charge, Clear the site of all scaffolding, wiring, pipes, surplus materials, Contractor' s labour, equipment & machinery etc.,
Demolish, dismantle and remove all Contractor's site offices and quarters and other temporary works, structures and constructions and other items and things whatsoever brought upon or erected at the site allotted to the Contractor by the Department and not incorporated in the permanent works.
Remove all rubbish etc. from the site and the land allotted to Contractor and shall clear, level and dress, compact the site as required to the satisfaction of the user in- charge.
Shall put the User Department in undisputed custody and possession of the site allotted by the User Department to the Contractor.
All defects / imperfections have been attended & rectified to full satisfaction of the user in-charge during the Defect Liability Period.
Unless the Contractor shall have fulfilled the provisions of the clause, the works shall not be deemed to have been completed.
Upon the satisfactory fulfilment by Contractor as stated above, the Contractor shall be entitled to apply to the user in-charge for a Final Completion Certificate in respect of the entire work.
If the user in-charge is satisfied of the completion of the work relative to which the Completion Certificate has been sought, the user in-charge shall within 10 days of the receipt of the application for Completion Certificate, issue a Completion Certificate in respect of the works for which the Completion Certificate has been applied.
This issuance of a Completion Certificate shall be without prejudice to the Department's rights and Contractor's liabilities under the Contract, including the Contractor's liability for the Defect Liability Period nor shall the issuance of a Completion Certificate in respect of the works or work at any site be construed as a waiver of any right or claim of the Employer against the Contractor in respect of work or the works at the site and in respect of which the Final Completion Certificate has been issued.
The Contract shall remain valid and shall remain incomplete until no dues Certificate has been signed by the user in-charge and delivered to the Department with a copy to the Contractor. The user in-charge shall give such a certificate within 10 days of completion of defects liability period.
The User Department shall have right to get works and bills technically scrutinized at the time of payment of final bill. User Department shall be entitled to recover any money found to be over paid during such scrutiny.
Necessary site meeting shall be attended by qualified /responsible representative from contractors side to take site instruction/decision in view of trouble shooting and progress review of works. Consultant/his authorized representative shall attend the meetings as required.
Contractor may be required to carry out extra items due to site requirements or changes. All such items shall be carried out by contractor after written consent from the user department. Contractor shall submit a rate analysis of these items based on market rates. A committee constituted by the Department will verify the same. No extra item shall be executed before finalizing the rates.
The User Department reserves the right to use any portions of the site for the execution of any work not included in this contract which it may desire to have carried out by other persons simultaneously, and the Contractor shall allow all reasonable facilities for the execution of such work, but shall not be required to provide any plant or material for the execution of such work except by special arrangement with the User Department. Such work shall be carried out in such manner as not to impede the progress of the works included in the Contract.
The contractor has to prepare his own store and office shed. The suitable space will be provided by the User Department at site. The contractor will be responsible for safety of his materials stored on site. The contractor shall make his own arrangements for housing of his staff. No space shall be provided inside the premises for labor colony. After completion of work the shed shall be dismantled/removed by the contractor at his own cost.
Water and electricity shall be provided to the contractor. However, unavailability of water and electricity shall not be accepted as reasons for delay. Contractor should make his own arrangements for the same.
Contractor should keep the site, building office clean of debris wood pieces etc. during the period of contract & work will not be considered as complete till last particle of debris is disposed of to the satisfaction of the Engineers.
The drawings maintained on the site are to be carefully mounted on boards of appropriate size. They are to be protected from rain, ants or other insects. The contractor shall provide at his own cost a display board for showing the details of work as directed and instructed by the user in-charge.
Contractor shall prepare bar chart and finalize the same in consultation with user in- charge. This bar chart will also indicate inputs from user in-charge, Links with other works. The Bar chart shall be reviewed in every site meeting.
Contractor shall indicate the dates on which drawings are required by him before starting the work. Contractor shall give a notice of 7 days to user in-charge about the requirement of the drawing / decisions required by him to complete the project as per schedule. It is understood that all the drawings are not required at the beginning of the project for completing the project within time.
Contractor shall submit progress report of every site meeting with updated bar chart marking up to date. Progress up to previous day compared to planned Bar chart and % comparison (lag/lead) with approved bar chart. Weekly progress reports or as decided at the beginning of the service shall accompany 'selective photographs' of works carried out at site and showing the progress in post card size. At the end, the contractor has to submit the photographs of works, to user department.
All Electrical works shall be carried out in accordance with the provisions of Indian Electricity Act, 2003 and Indian Electricity Rules, 1956 amended up to date (Date of call of tender unless specified otherwise). List of Rules of particular importance to Electrical Installations.
All components in a wiring installation shall be of appropriate ratings of voltage, current, and frequency, as required at the respective sections of the electrical installation in which they are used. All conductors, switches and accessories shall be of such size as to be capable of carrying the maximum current, which will normally flow through them, without their respective ratings being exceeded. All components shall conform to relevant Indian Standard Specifications, wherever existing. All the Materials with ISI certification mark shall be preferred. All the materials used and replaced for the repair works should have ISI marked. These Indian Standards, including amendments or revisions thereof up to the date of tender acceptance, shall be applicable in the respective contracts.
Provider shall obtain prior permission from the Buyer to work on holidays or after office hours/ odd hours if required.
Indemnity
The vendor shall indemnify Buyer against all third party claims of infringement of patent, trademark/copyright or industrial design rights arising from the use of the supplied items and related services or any part thereof.
Buyer stands indemnified from any claims that the Vendor's manpower may opt to have towards the discharge of their duties in the fulfilment of the contract.
Buyer also stands indemnified from any compensation arising out of accidental loss of life or injury sustained by the Vendor's manpower while discharging their duty towards fulfilment of the contract.
Default Penalty and Termination
Default is said to have occurred a) if the vendor fails to deliver any or all of the services as specified in the Contract or any extension thereof granted by Buyer b) If the vendor fails to perform any other obligation(s) under the contract work order. On occurrence of any default, Buyer at his discretion may issue default notice to the vendor to rectify/improve the service level within a specified time period failing which an appropriate penalty (the quantum of penalty to be specified in the default notice by the Buyer) shall be imposed on the vendor.
Even after imposition of penalty or otherwise the defaults are not rectified or the service level is not brought to the acceptable level Buyer is at liberty to terminate the contract in whole or in part thereof as the case may be.
The Buyer reserves the right to modify the number of employees in any category mentioned in the contract / cancel the contract depending on his/her requirement, during the validity of the contract for which the Buyer has to give at least one-month written notice to the Service Provider.