prasarbharati.gov.inprasarbharati.gov.in/Opportunities/Tenders/Documents/24.3... · Web viewPrasar Bharati (India’s Public Service Broadcaster) Prasar Bharati Secretariat 2nd Floor

Prasar Bharati(India’s Public Service Broadcaster)

Prasar Bharati Secretariat2nd Floor PTI Building,

Parliament Street, New Delhi.Notice Inviting Tender

(Tender for Supply of Manpower)

Tender No.: D-13023/1/2014-15/GA Dated 24.3.2016

Sealed tenders (Wax or PVC tape sealed) are invited on behalf of Prasar Bharati in Two bid system from the reputed & experienced firms/agencies for providing manpower in different categories to Prasar Bharati Secretariat at Delhi as per detail given below:-

S.No. Tender No. Estimated

Cost of bid document

Bid Security/EMD Area of contract

cost (Rs) (Rs.) (Rs.) 1. D-13023/1/2014-

15/GA1,30,00,000/-

500/-

2,60,000/

2nd floor PTI Building Parliament Street New Delhi

1. Period of Contract: - One year from the date of agreement with provision of extension by mutual consent.

2. How to get Tender Documents: -

(i) Tender document can be obtained from Deputy Director (GA-I), Prasar Bharati Secretariat, 2nd floor PTI Building Parliament Street New Delhi after paying cost of bid document through Demand Draft (DD) in favour of “DDO, Prasar Bharat Secretariat” payble at Delhi. OR

(ii) Tender document can also be downloaded from the website www.prasarbharati.gov.in. The downloaded document shall be treated as valid document for participation in the tender, but the cost of the tender document in the form of separate DD of Rs.500/- in favour of DDO, Prasar Bharati Secretariat payable at Delhi is to be enclosed with the bid along with requisite Bid security & other documents, failing which the tender will be outrightly rejected.

Bidder’s sign and stamp___________________________Page 1 of 46

Note: It shall be ensured that the DD towards the cost of tender document and DD for Earnest Money Deposit (EMD) bear a date subsequent to that of the NIT.

Bid Security (EMD) is to be deposited in the form of Demand Draft issued by a Nationalized or Scheduled Bank drawn in favour of “DDO, Prasar Bharati Secretariat” payable at Delhi.

3. Sale of Tender Documents: From 24.3.2016 to 17.4.2016.

(Time 10:30 HRS to 17:00 HRS. on all working days)

4. Time and last date of submission of Bid: Up to 15:00HRS on 18.4.2016.

5. Time of Bid Opening: - At 15:30HRS on 18.4.2016.

6. Venue of Bid Opening: Lunch Room, Prasar Bharati Secretariat, 2nd floor, PTI Building, Parliament Street, New Delhi.

7. The interested Companies/ Firms/ Agencies may send by post or courier or put the tenders in the Tender Box kept at the Reception, Prasar Bharati Secretariat, 2nd floor, PTI Building, New Delhi.

8. The tenders shall not be entertained after the deadline under any circumstances whatsoever.

9. The ADG (E&A), PBS reserves the right to reject any or all tenders without assigning any reasons whatsoever.

Deputy Director (GA-I)Phone: 011-23730952

Email: [email protected] and On Behalf of Prasar Bharati Secretariat

New Delhi


SECTION-I

DEFINITIONS & GENERAL INSTRUCTIONS TERMS & CONDITIONS

DEFINITIONS

1. The Office - Prasar Bharati Secretariat, 2nd floor, PTI Building, Parliament Street, New Delhi.

2. Bidder – The person or Company/Firm/Agency participating in the tender.3. Technical Bid – A sealed document proving the eligibility and qualifications of

the bidder. 4. Financial Bid – A sealed document stating the rates quoted by the bidder.5. Contractor/Service Provider: Party to the contact with Prasar Bharati

Secretariat who undertakes the obligation for providing manpower service as stipulated under the contract.

6. Contracted employee – The manpower deployed by the successful bidder to perform the required jobs at the quoted rates in this Office.

7. DDO – The Drawing and Disbursing Officer, also the paying authority.8. Competent authority – ADG (E&A), Prasar Bharati Secretariat.9. Services –Supply of different categories of manpower for the Office of Prasar

Bharati Secretariat, New Delhi.10. PBS stands for Prasar Bharati Secretariat.

GENERAL INSTRUCTIONS TERMS & CONDITIONS

1. The tenderer must read carefully all the terms, conditions and specifications before filling up the tender schedule and his quotation.

2. In respect of the matters pertaining to this contract, tenderer shall not directly or indirectly bring or attempt to bring any political or outside influences or intervention through any association, union or organization. All disputes, differences, clarifications etc. arising out of this contract will be represented by tenderer himself or by his legal representative at Delhi only.

3. The Tenderer shall be bound by all terms, conditions and specifications as detailed in this tender document.


4. It may be noted that the tender notice is only for fixing a contract and shall not be construed as invitation to bid for providing the job i.e. there is no guarantee for award of contract without assigning any reason whatsoever.

5. A tenderer participating in this tender shall make sure that he is able to carry out the work specified in the contract.

6. It is implied that the tenderer has obtained all necessary information directly or indirectly affecting the contract such as legal stipulation, possible delays and hindrance or interference in executing the contract and has satisfied himself/ herself before making the offer. Unexpected difficulties or expenses shall be considered as excuses in performing the contract; the rates quoted shall take all factors into consideration.

7. The tenderer acknowledges that he assumes all risks contingent upon the nature of the contract to be actually encountered by him in executing the contract, even though such actual conditions may result in the tenderer performing more or less work than that originally anticipated.

8. The tenderers who are confident of executing the contract in time by employing the required resources, men and materials should only participate in this tender. It may also be noted that Prasar Bharati Secretariat may shift its office either to Mandi House, Copernicous Marg or to Soochana Bhawan, CGO Complex. In the event of such shifting, the manpower will have to be supplied at the new location.

9. The tender schedule shall be read in conjunction with Specifications, General Instructions, and Conditions of Contract. The tenderer shall be deemed to have carefully examined all these documents. It is further understood and agreed that the tenderer by careful examination satisfied himself with the terms and conditions of the tender document.

10. The required number as indicated in the tender and estimates may vary ± 25%.

11. Only those, who fulfil the following minimum criteria, should submit their bids:(a) The manpower Company/Firm/Agency should be in a manpower supply business

for not less than last three financial years preceding the current financial year 2015-16.

(b) The manpower Company/Firm/Agency should be registered with the Labour Department & other concerned Government Authorities and attested copy of the registration should be attached with the Technical Bid.


(c) The registered office or Branch office of the manpower Company/Firm/Agency should be located either in Delhi/New Delhi or in NCR with a branch office in Delhi.

(d) It should have PAN and Service Tax Registration Number, attested photocopy of which should be attached with the Technical Bid.

(e) The Company/Firm/Agency should have its own Bank Account.(f) The Company/Firm/Agency should furnish copies of Income Tax Return for the last

three years. (g) The Company/Firm/Agency should be registered with appropriate authorities under

Employees Provident Fund and Employees State Insurance Act.(h) It should not have been blacklisted by any organisation. Necessary declaration to

this effect should be attached with the Technical Bid.

12. The conditional bid shall not be considered and will be outrightly rejected in the very first instance.

13. The Contractor/Service Provider shall ensure that the individual Data Entry Operators, Stenographers, Computer Experts, Library Assistants, Drivers, Peons. etc. deployed in the PB Secretariat conform to the age, educational and skill qualification prescribed as per tender.

14. The persons supplied by the Contractor/Service Provider should not have any adverse Police Records/criminal cases against them. The Agency should make adequate enquiries about their character and antecedents. The character and antecedents of each personnel of the Contractor/Service Provider would have to be got verified by the Contractor/Service Provider before their deployment after investigation by the local Police, collecting proofs of identity like driving license, bank account details, previous work experience, proof of residence and recent photograph and copies submitted to this Secretariat.

15. The service provider will also ensure that the personnel deployed are medically fit and will keep in record a certificate of their medical fitness.

16. The service provider shall immediately withdraw such persons who are not found suitable by PB Sectt. for any reasons immediately on receipt of such a request from the Sectt. Another suitable substitute will also be provided against the withdrawn person.


17. The service provider shall engage necessary persons as required by this Secretariat from time to time. The said persons engaged by the service provider shall be the employee of the service provider and it shall be the duty of the service provider to pay their salary every month through ECS and provide a proof of doing so to the Sectt. The Company/Firm/Agency will provide proof of receipt of wages by the workers before the end of each month.

18. The service provider’s personnel shall not claim any benefit/compensation/ absorption/regularization of services from/in this Ministry 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 the Sectt.

19. The service provider’s personnel shall not divulge or disclose to any person, any details of office, operational process, technical know-how, security arrangements, administrative/organizational matters as all these matters are of confidential/secret nature.

20. The service provider’s personnel should be polite, cordial, positive and efficient, while handling the assigned work and their actions shall promote goodwill and enhance the image of this Sectt. The service provider shall be responsible for any act of indiscipline on the part of persons deployed by the Agency.

21. The Sectt. may require the service provider to remove from the office, any person or persons, employed by the service provider, who may be incompetent, or for his/her/their misconduct or due to any other reason whatsoever. The service provider shall forthwith comply with such direction and shall replace such person immediately.

22. This Secretariat is a statutory autonomous body and has five days working in a week (i.e. Monday to Friday) from 0930 hrs. to 1800 hrs. with lunch break of ½ hrs from 1330 hrs. to 1400 hrs. This office also observes Gazetted holidays notified by Govt. of India from time to time. However, as this office is an operational organization which works on 24x7 basis, the personnel may be required to work beyond 1800 hrs. also depending upon the urgency of work. They may also be called for work on Saturday, Sunday and other gazetted holidays in exigencies of the work. In case, person deployed is absent on a particular day or comes late/leaves early on three occasions one day wage shall be deducted.

23. Manpower provided by the service provider will have to go through a screening test to be conducted by this Secretariat prior to engagement. Any personnel engaged after clearing the test and subsequently found not suitable by any officer to whom he/she is attached will be replaced by a new personnel immediately and will not be transferred to any other officer.


24. TDS and other taxes as applicable will be deducted from each bill of the Contractor/Service Provider.

25. The Contractor/Service Provider shall furnish the following documents in respect of the individual Data Entry Operators/Stenographers/Computer Experts/Peons who will be deployed by it in this secretariat before the commencement of work:

a) List of persons deployedb) Bio-data of the persons with proof of residencec) Attested copy of birth certificate or 10th certificate indicating age and educational

qualification certificates.d) Character certificate from Group ‘A’ or Class-I Officers of the Central/State

Government or Notary Public.e) Certificate to the effect that character & antecedents of manpower being

provided by the agency have been verified from the local Police authorities.f) Identity Cards bearing photograph.g) Medical fitness certificate.

26. The Contractor/Service Provider shall provide ESIC cards to the casual employees within one month of making ESI deductions from their wages. The agency will also give salary slips every month indicating details of all deductions and payments.

27. P.B. Sectt. will pay/reimburse Employer’s contribution towards Provident Fund and ESIC only on submission of proof of deposit of the requisite amount with the EPFO & ESIC by Contractor/Service Provider showing the names of employee for whom the payment has been made.

28. Statutory deductions on account of Provident Fund and ESIC, in case of their increase/decrease, as notified by the respective authorities, will be re-adjusted and reimbursed accordingly by P.B. Sectt.

29. In case, the person employed by the successful Company/Firm/Agency commits any act of omission/ commission that amounts to misconduct/ indiscipline / incompetence the successful Company/Firm/Agency will be liable to take appropriate disciplinary action against such persons, including their removal from site of work, if required by the secretariat.

30. The Contractor/Service Provider shall replace immediately any of its personnel who is found unacceptable to this secretariat because of security risks, incompetence, conflict of interest, improper conduct etc. upon receiving a notice from this Secretariat.


31. The Contractor/Service Provider shall depute a coordinator who would be responsible for immediate interaction with Prasar Bharati Secretariat so that optimal services of the person deployed by the agency could be availed without any disruption.

32. The manpower shall have to be made available on requisition in time as per the exigencies of work. Any undue delay in the matter will be considered as breach of contract and will be dealt accordingly. The selected agency shall immediately provide a substitute in the event of any person leaving the job due to his/her personal reasons . In case, on requisition, manpower is not provided within a period of two days, an amount of Rs. 500/- per day per vacancy will be deducted from the amount payable to the service provider.

33. This secretariat will have no liabilities in providing transportation food, medical and any other requirements in respect of the persons provided by the Contractor/ Service Provider.

34. The Contractor/Service Provider has to provide photo-identity cards to the persons deployed by them for carrying out the work. These cards are to be constantly displayed by their persons & their loss reported immediately. The photo-identity cards would be subject to verification at any time by this Secretariat. This Secretariat may refuse the entry of the person deployed in its premises who does not bear any such identity.

35. The service provider shall ensure proper conduct of their persons in office premises, and enforce prohibition of consumption of alcoholic drinks, paan, smoking, loitering without work etc.

36. For all intents and purposes, the service providing agency shall be the “Employer” within the meaning of different Labour Legislations in respect of Data Entry Operators/Stenographers/Computer Experts/Peons so employed and deployed in this secretariat. The persons deployed by the agency in the Secretariat shall not have claims of any Master and Servant relationship nor have any principal and agent relationship with or against Prasar Bharati Secretariat. An undertaking to this effect may have to be obtained by the agency from personnel to be deployed as Data Entry Operators, Stenographers, Computer Experts, Peons and endorse to PB Sectt.

37. The Contractor/Service Provider shall be solely responsible for the redress of grievances / resolution of disputes relating to person deployed. This secretariat shall, in no way, be responsible for settlement of such issues whatsoever.


38. This Secretariat shall not be responsible for any damages, losses, claims, financial or other injury to any person deployed by service providing agency in the course of their performing the functions / duties in this Secretariat or for payment towards any compensation.

39. The persons deployed by the service providing agency shall not have any claim or be entitled to pay, perks and other facilities admissible to casual, ad- hoc, regular / confirmed employees of this Secretariat during the currency or after expiry of the contract.

40. In case of termination of this contract on its expiry or otherwise, the persons deployed by the services providing agency shall not be entitled to and will have to claim for any absorption nor for any relaxation for absorption in the regular/otherwise capacity in this Prasar Bharati Secretariat. There will be no separate notice required to be given to any of the persons deployed/being hired.

LEGAL

41. The Contractor/Service Provider will be responsible for compliance of all statutory provisions relating to Minimum Wages, Provident Fund and Employees State Insurance etc. in respect of the persons deployed it in this Secretariat. Any increase in these statutory payments effected by Govt. orders/minimum wages etc. will be paid by the service provider to the engaged manpower and these payments will be made by P.B. Sectt. to the service provider during the contract period. The Contractor/Service Provider’s Admin. Charge finalized through Tender shall remain fixed throughout the currency of the contract.

42. Contractor/Service Provider shall also be liable for depositing all taxes, levies, cess etc. on account of service rendered by it to Prasar Bharati Secretariat to the concerned tax collection authorities from time to time as per extant rules and regulations on the matter.

43. The Contractor/Service Provider shall maintain all statutory registers under the applicable law. The agency shall produce the same on demand to the concerned authority of this secretariat or any other authority under law.

44. In case, the Contractor/Service Provider fails to comply with any statutory/ taxation liability under appropriate law and as a result thereof the Secretariat is put to any loss/ obligation, monetary or otherwise, the Secretariat will be entitled to get itself reimbursed out of the outstanding bills or the Performance Security Deposit of the agency, to the extent of the loss or obligation in monetary terms.


45. After award of contract, if the Contractor/Service Provider is found to be charging any amount from the casuals in any manner, in that case the contract shall liable to be terminated immediately with forfeiture of Performance Security amount and also the firm will be blacklisted. A committee, as constituted with the approval of Head of Department of P.B. Sectt., will decide regarding any complaint received against the agency for charging any amount from the casuals. Any amount recovered from the casuals as registration or any fees by the bidder will be recovered from his pending bills and will be paid directly to the casual employee concerned.

FINANCIAL

46. The EMD in respect of the agencies which do not qualify the Technical Bid (First stage) / Financial bid (Second stage) shall be returned to them without any interest. However, the EMD in respect of the successful tenderer shall be adjusted towards the Performance Security Deposit. Further, if the agency fails to deploy required number of Data Entry Operators/Stenographers/ Computer Experts/Library Assistants/Drivers/ Peons against the initial requirement within ten days from date of placing the order, the EMD shall stand forfeited without giving any further notice.

47. In case of breach of any terms and conditions attached to this contract the Performance Security Deposit of the agency will be liable to be forfeited by this Secretariat besides annulment of the contract.

48. The Contractor/Service Provider shall raise the bill in triplicate along with attendance sheet (duly verified by Section Officer (GA-I) in respect of the persons deployed and submit the same to Deputy Director (GA-I) in the first week of the succeeding month. As far as possible the payment will be released by the Second week of the succeeding month. The payment of wages to the DEOs/Stenographers/ Computer Experts/Library Assistants/Drivers/Peons should be made through ECS in their Bank Accounts.

49. The claims in bills regarding Employees State Insurance, Employees Provident Fund and Service Tax etc. should be necessarily accompanied with documentary proof pertaining to the concerned month bill. A requisite portion of the bill/ whole of the bill shall be held up till such proof is furnished, at the discretion of this Secretariat.

50. The amount of pre-estimated agreed liquidated damages calculated @ `500/- (Rupees five hundred) per day on account of delay, if any in providing a suitable substitute for the period beyond two working days by the agency shall be deducted from the monthly bills of the service providing Company /Firm/ Agency in the following month.


51. In the event, any dispute arises in relation to any of the clauses of the agreement, the matter will be referred to Member (P), Prasar Bharati, whose decision shall be binding on service provider and PB Sectt.

SUBMISSION OF BIDS

52. The tenders should be submitted in wax sealed covers superscribed “Tender for Providing Various Categories of Manpower to Prasar Bharati Secretariat”. The tender should be addressed to the Deputy Director (GA-I), Prasar Bharati Secretariat, 2nd Floor, PTI Building, New Delhi and should be either sent by post/ courier or dropped in the tender box placed at the Reception of Prasar Bharati Secretariat.

Method of preparation of bid

a) Bid should be submitted in two sealed envelopes placed inside a main sealed envelope. The envelopes inside the main envelope should contain the following;

Envelope Marked on the cover Contents of Envelope

First Technical BidShould contain EMD ,Cost of tender Document and other documentsas detailed at clauses 25 and 61 of section I

Second Financial Bid Rates duly quoted by the tender in the prescribed formatin the section VII

On all these envelopes the name of the firm and whether “Technical” OR “Financial” bid must be clearly mentioned and should be properly sealed, seal means wax sealed or sealed with

PVC tape/ Adhesive tape, the document should not be sealed merely with gum or stapler pin. These envelopes are to be placed inside an outer envelope and properly sealed as mentioned above. The tenders who are not submitted in above mentioned manner shall be summarily rejected.

b) The tenderer will be bound by all terms, conditions & specifications as detailed in the tender documents.

c) Any tender condition other than those specified in the tender documents is liable to


be summarily rejected. No modification by the Contractor/Service Provider in any of the conditions will be permitted after the tender is opened.

d) No person is permitted to bid for tender whose relative(s) is (are) working in PBS. The tenderer thus should give certificate along with tender document that none of his/her relative is working in PBS. Near relative for this purpose is defined in section V.

Note: - The “Financial Bid” of only technically qualified tenders will be opened at a later date. Date, time & venue of opening of Financial Bid will be intimated to qualified bidders accordingly.

LATE BIDS:

53. Tenders will not be received after the specified time of closing of the tender and the same shall be returned unopened to the bidder. It is the sole responsibility of the tenderer that he should ensure timely submission of tender.

54. The tenderer shall quote the rate in English or Hindi only, both in words and figures only in the manner specified.

55. In the case of illiterate tenderers, a witness should attest the tendered rate. The rates quoted in words will have Precedence over the rates quoted in figures.

56. All corrections, additions and alterations in the entries and tender papers will be signed in full by the tenderer with date. No corrections, fludings or overwriting shall be permissible unless signed by the tenderer with date.

57. The tender shall contain the name, address of residence and place of business of tenderer and shall be signed by the tenderer with his usual signature. Partnership firms shall furnish full names and addresses of partners and in case of the authorised representative, a duly certified copy of the Power of attorney signed it in that behalf shall accompany the tender. In case of the partnership firm, attested true copy of the partnership deed must be submitted along with the tender. Similarly in case of company the attested copy of Memorandum of Article & Association shall be enclosed.

58. The tenderer shall certify and sign on each and every page of tender document at the bottom and will also sign wherever required in the tender document as his acceptance of each term and conditions of the contract.


59. Earnest Money shall be paid by Demand Draft drawn on any Nationalized or Scheduled Bank in favour of the concerned DDO, PBS payable at Delhi as mentioned in the notice inviting tender. Earnest Money in cash or in the form of cheque or in any other form will not be accepted.

DOCUMENTS TO BE SUBMITTED ALONG WITH TENDER

60. The following documents must be submitted by the bidder with technical bid.

(a) Proforma for bidder’s details as per section III.

(b) Bid Security & cost of tender document in the form of separate DDs in favour of DDO, Prasar Bharati Secretariat, payable at Delhi. DD should bear the date subsequent to the date of NIT.

(c) Tender document(s), in original duly filled in and signed by tenderer or his authorized representative along with seal on each page. All corrections and overwriting must be initialed by the tenderer or his authorized representative.

(d) The contracting firm/ agency/ company should be registered with appropriate authorities and attested copy of registration may be attached.

(e) Original “Power of Attorney” in case person other than the tenderer has signed the tender documents.

(f) Certificate that no relative of the bidder is working in PBS. (Please ensure that “No near relative certificate “as per Section V is to be signed by all the partners of the firm/directors of the company or company secretary on behalf of all directors).

(g) Declaration that it is not currently blacklisted by any office

(h) Self-Attested copy of service tax registration certificate issued by competent authority.

(i) Self-Attested copy of EPF and ESI registration with competent authority.

(j) Self attested Copy of PAN/GIR Card.

(k) Self attested copies of contractors of providing manpower service to Public Sector Companies/Banks/ Autonomous Bodies or Government Departments during the last ten years preceding the current financial year i.e. 2015-2016.


(l) Self certified copies of audited balance sheet of the company in support of financial turnover during last three financial years averaging atleast Rs.1.5 Crores (pl. See Clause 61(i)(2) of this Section and Clause 10 of Section III.

Non submission of above documents will disqualify the bids at technical bid evaluation stage. Hence they will not qualify for opening of financial bid.

Evaluation of Technical Bid

61. The technical bid evaluation shall be done based on the following criteria:-

(i) During the technical evaluation stage, each bidder shall be assigned different marks out of a total of 100 marks, as per the criteria specified below:-Sl. No. Particulars Maximum Marks1. No. of years in manpower supply operations in the

ten years preceding the current financial year 2015-16

Max. 50 Marks

(a) <3 years Ineligible(b) 3 years to 5 years 30 marks(c) above 5 years to 8 years 40 marks(d) above 8 years 50 marks

2. Average turnover of during last three financial years

Max. 50 Marks

(a) <Rs1.5 crore Ineligible(b) Rs1.5 crore to Rs `2 crores 30 marks(c)Above Rs 2 crores to Rs 5 crores 40 marks(d) Above Rs 5 crores 50 marks

(ii) A Bidder should mandatorily secure a minimum of 60% marks (i.e. 60 marks out of total 100 marks as per para 62(i) above in Technical Evaluation in order to qualify in Technical Bid and subsequently for consideration of the Financial Bid.

(iii) The Bidder shall be required to produce self-attested copies of the relevant documents (Copy of Contract/Agreement with copy of license/balance sheet) in support of their claims made under para 61(i) in addition to the documentary evidences of other necessary parameters for being considered during technical evaluation.(iv) A substantially responsive bid shall be one that meets the essential requirements of the bidding document. The


technical bid not meeting the essential/minimum criteria or any other requirements as per the tender document shall be rejected and their financial Bids will not be opened and the same will be returned.

Evaluation Criteria for the Financial Bid

62. (i) Financial bid will be evaluated only on the basis of Contractor/Service Provider’s Admn./Service charges quoted in the Financial bid.(ii) The qualified bidder whose rate in respect of Admn./Service charges is found to be the lowest ,subject to meeting sub-clause (iii) below, will be considered for award of the contract. However, in case of tie of two or more bidders, the contract will be awarded to that bidder who has scored more/higher points in the technical evaluation. If there is still a tie in the score/marks obtained in technical evaluation then the bidder who has more years of experience will be awarded the contract. There will be no splitting of bid and only one eligible and qualified bidder will be chosen for all categories of manpower whose rate will be found lowest provided the bidder fulfils all the criteria & terms and conditions as provided in the tender document.(iii) The Bidder whose Admn./Service Charges is NIL or ZERO shall be disqualified.

REJECTION OF TENDERS

63. The authority inviting tenders, at his sole discretion shall reserve the right to reject or cancel consideration of any or all tenders:

(a) If the requisite Earnest Money Deposit is not as required under the tender

(b) If the tender is not duly signed, or not found proper or complete to the satisfaction of PBS in any of the requisite matters, particular(s) or formalities .

(c) If the tenderer seeks changes in terms and conditions, specifications or time limits as envisaged in the contract.

(d) If tender consists of unwarranted comments, conditions, deviations in specification or any other omissions or commissions compared to documents.

(e) Non-compliance of any of the terms and conditions of the tender


64. The tender submitted by tenderer will remain valid for acceptance for a period of 90 (Ninety) days from the date of opening of the tender. Tenderer shall not be entitled during this period of Ninety days, without the consent in writing of PBS to revoke or cancel his tender or to vary the tender submitted or in term thereof. The PBS shall communicate the acceptance of tender to the successful tenderer(s). Due to administrative reasons, extension of the time period, if requested by the PBS in writing, the tenderer shall accede to such request for extension and communicate his acceptance to the PBS in writing.

65. Tender will be accepted and Contract will be finalized only with those of the tenderer(s), who in the opinion of PBS shall have capacity and resources to execute the contract assigned in the prescribed time as per the time schedule.

66. The PBS reserves the right to award the contract whose rate may not necessarily be the lowest with recorded reasons. The decision of ADG (E&A), PBS in this regard shall be final and binding.

SIGNING OF THE CONTRACT AGREEMENT

67. The successful Tenderer shall be required to execute an Agreement within 10(Ten) working days of being called upon to do so on a non-judicial stamp paper of Rs.100/-(One hundred only)at his own cost and in the form annexed hereto to the effect that the tenderer and PBS are bound by the terms and conditions of agreement which in turn, will be the same terms and conditions of tender document.

68. The PBS reserves the right to cancel the agreement executed without any compensation whatsoever to the Contractor/Service Provider any time before the requisition of manpower. The action of PBS under this clause shall not construed to be breach of contract.

FORFEITURE OF EARNEST MONEY

69. In the event of failure of the tenderer to execute the Agreement or failure to remit the required Performance Security within seven days of being called upon to do so, the amount of Earnest Money shall stand forfeited. The acceptance of the tender will be re-considered or revoked or cancelled at the discretion of PBS which will not amount to imposing of penalty.


70. Any clarifications on details of the contract can be obtained from DD (GA-I), PBS before the date specified for opening of the tender.

71. Any attempt to negotiate directly or indirectly by tenderers with the authority to whom the tender is submitted or with the authority who is competent to accept the tender or endeavours to secure interest for actual or prospective tender or to influence by any means will disqualify the tender and same will be summarily rejected and action to black-list the tenderer will be taken by the competent authority.

72. No Gazetted Officer employed in PBS is allowed to work as a Contractor/Service Provider for a period of two years of his retirement. This contract is liable to be cancelled if either the Contractor/Service Provider or any of his employee is found at any time to be such a person who had not obtained permission of Govt. of India as aforesaid before submission of the tender or engagement in the Contractor/Service Provider 's service as the case may be, and any security deposit, earnest money deposit and any other bills due for payment shall stand forfeited forthwith. Under the above circumstances, such Contractor/Service Provider shall not claim any type of relief or remedy of whatever nature, from the PBS for his illegal act.

73. PBS assumes no responsibility whatever for any oral understandings or representations made by any of its officers or agents or servants prior to the execution of the contract

74. No communication from the tenderer in the form of any clarification or information/ document lost sight of in the original tender etc. will be given any consideration, unless any such clarification has been sought for by the PBS.

75. PBS reserves the right to postpone the date of opening of tender or to cancel the tender notice without assigning any reasons thereof. Any request from tenderers to postpone or to change date of opening of the tender due to any reason, whatsoever, will normally not be considered.

76. The Prasar Bharati Secretariat is not bound to accept the lowest tender and reserves absolute right to reject any or all tenders.

77. The tender form and Document shall be non-transferable.


78. These instructions to the Tenderer shall be deemed to form part of the Agreement/Contract for the work.

79. In case the date of opening of tender is declared a holiday, the tender will be opened on the next working day.

***


SECTION-IISPECIAL TERMS

1. Manpower deployed by the Contractor/Service Provider shall not be replaced by him unilaterally i.e. without the consent of PBS.

2. Whenever a replacement becomes inevitable either due to the individual desiring to quit on his /her own volition or the PBS desiring to replace for unsatisfactory performance the Contractor/Service Provider shall deploy another suitable substitute within one week.

3. The Contractor/Service Provider shall not charge any other fees from the manpower so engaged as a bilateral arrangement. The contract is liable for cancellation, besides forfeiture of performance security in the event any such practice comes to the notice of this Secretariat.

4. All payments of wages shall be made directly to the accounts of the individuals through ECS. Proof of the same shall be enclosed alongwith ensuing months bill. It shall be the responsibility of the Contractor/Service Provider to ensure that all individuals have bank account. Likewise proof of payment of EPF and ESI of previous month shall also be enclosed alongwith bills of the ensuing month.

5. The Contractor/Service Provider shall also comply with all statutory compliances under all applicable laws of India in respect of the contract.

6. If the tender is withdrawn before the expiry of validity or after the acceptance of the tender, the Earnest Money of the tenderer will be forfeited.

7. If any of the information furnished by the Contractor/Service Provider is found to be incorrect the contract is likely to be terminated.

8. Acceptance of the tender will be communicated by Letter of Acceptance or Letter of Intent.

9. The Earnest Money will be refunded to the unsuccessful tenderers in due course in-accordance with the rules of the PBS.

10. The ADG(E&A), PBS will not be liable to pay any interest on the Earnest Money or Security Deposit Money. If the successful tenderer withdraws tender before formal approval after tender or after contract fails to comply with any of the terms and conditions act out above, the ADG(E&A), PBS reserve the right's to forfeit Earnest Money /Security Deposit.


11. Rate for providing Services of different category of manpower shall be as per the prevailing and applicable minimum wage at any point of time.

12. The manpower engaged by the Contractor/Service Provider is purely responsibility of the Contractor/Service Provider and they will not have any claim/liability on the PBS.

***


SECTION – IIITechnical Bid

Tender No.: D-13023/1/2014-15/GA dated ___________Bidder’s details

For Providing Different Categories of Manpower to Prasar Bharati Secretariat

1.Name of Tendering Company/ Firm / Agency : _________________________ (Attach copy of certificate of registration)

2.Name of proprietor / Director _______________________________________of Company/Firm/agency

3. Full Address of Reg. Office ____________________________________________________________________________________

____________________________________________Telephone No. : ___________________________________________________FAX No. : _____________________________________________________E-Mail Address : ___________________________________________________

4. Full address of Operating / Branch Office : ______________________________

____________________________________________________________________________________________________________________________________

Telephone No. : _____________________________________________________

FAX No. : _____________________________________________________-_

E-Mail Address : ____________________________________________________

5.PAN / GIR No. :____________________________________________________ (Attach attested copy)

6. Labour Department’s Registration Number:- ______________________________ [Attach attested copy]7. Service Tax Registration No. :_________________________________________

(Attach attested copy)


8. E.P.F. Registration No. :______________________________________________ (Attach attested copy)

9. E.S.I. Registration No. :______________________________________________ (Attach attested copy)

10. Give details of the manpower supply contracts awarded during the last 10 years in providing manpower to Public Sector Companies / Banks and Government Departments in the following format.

Copy of Agreement/contract for the period

Details of client along Amount of

Sr. No.with address ,telephone Contract (Rs.

From Toand FAX numbers Lacs)

11. Give details of financial turnover of the tendering Company/Firm/Agency during last three financial years, average of which is at least Rs.1.5. Crores:

S. No. Financial Year Amount (in Rs.) Remarks, if any

Average of the above three years=(if the space provided is insufficient, a separate sheet may be attached)12. Additional information, if any (Attach separate sheet, if required)

Signature of authorized personDate:

Name:Place: Seal


SECTION-IV

SPECIAL CONDITIONS OF CONTRACT

DEFINITIONS

1.1 The CONTRACT means the documents forming the tender and acceptance thereof and the formal agreement executed between PBS and the Contractor/Service Provider together with the documents referred to therein including TENDER NOTICE, GENERAL INSTRUCTIONS, GENERAL CONDITIONS, CONDITIONS OF CONTRACT,ADDITIONAL CONDITIONS, TENDER SCHEDULE, instructions issued from time to time by the Competent Authority and all these documents taken together shall be deemed to form one contract and shall be complimentary to one another.

1.2 In the CONTRACT, the following expressions shall unless where the context otherwise required, have the meaning hereby respectively assigned to them :

“The expression "Contract" or "WORK" shall unless there be something either in the subject or context repugnant to such construction, be construed and taken to mean the works by or by virtue of the contract contracted to be executed whether temporary or permanent and whether original, altered, substituted or additional.”

"Change" shall mean a substitution for or omission of any work or other requirements within the general scope of the work; the performance of or compliance with which is contemplated by the contract documents.

The “PBS" means the Prasar Bharati Secretariat, and its successors.

The “COMPETENT . AUTHORITY" means the ADG(E&A) PBS.

1.3 All references of: - PBS

DD (GA-I)DirectorDDG ADG


In various clauses shall mean the Officers in their respective Grades/Groups employed in the PBS, by whatever designations are assigned to them from time to time and who may be in-charge of direction, execution, supervision, testing, acceptance, maintenance of claims, etc. from time to time and includes their successors in office.

Words imparting the singular number include the plural number and vice-versa.

INTERPRETATION OF THE CONTRACT DOCUMENT

2. The Competent Authority and the Contractor/Service Provider shall in so far as possible by mutual consultation try and decide upon the meaning and intent of the Contract Document. In case of disagreement the dispute will be referred to the Sole Arbitrator as provided in the Contract. Any change in the Contract Document shall be set forth in writing by the representative of the parties hereto. It shall be the responsibility of both the parties to this contract to thoroughly familiarize all of their supervisory personnel with the contents of this Contract Document.

VALIDITY PERIOD OF BID

3. The rates quoted should be firm and valid for minimum 90 days from date of opening of price bid.

TAXES AND DUTIES

4. Contractor/Service Provider shall pay all levies, fees, royalties, taxes and duties payable or arising from or out of, by virtue of or in connection with and/or incidental to the Contract or any of the obligations of the parties in terms of the Contract Documents and/or in respect of the works or operation(s) or any part thereof to be performed by the Contractor/Service Provider and the Contractor/Service Provider shall indemnify and keep indemnified the PBS from and against the same or any default by the Contractor/Service Provider in the payment thereof.

PRICE ESCALATION

5. The PBS shall not be responsible for any escalation in prices except for the revision of Minimum Wage


NOTIFICATION BY CONTRACTOR/SERVICE PROVIDER

6. The Contractor/Service Provider shall give in writing to the proper person or authority with a copy to the Competent Authority such notification as may be mandatory or necessary in connection with the commencement of contract.

QUALITY OF WORK

7. The ADG (E&A), PBS shall be the final judge of the quality of the manpower.

GUARANTEE

8. In addition to any and all other guarantee and warranty mentioned in the contract documents the Contractor/Service Provider guarantees that the entire assignment will be done in a satisfactory manner.

INDEMNITIES

9. The Contractor/Service Provider shall at all times hold the PBS harmless and indemnify against all actions, suits, proceedings, works, cost, damages, charges, claims and demands of every nature and description brought or procured against the PBS, its officers, and officials and forthwith upon demand and without protest or demur to pay to the Department any and all losses and damages and cost (inclusive between attorney and client) and all costs incurred in endorsing this or any other indemnity or security which the PBS may now or at any time have relative to the work or the Contractor/Service Provider 's obligations or in protecting or endorsing its right in any suit or other legal proceedings, charges and expenses and liabilities resulting from or incidental or in connection with injury, disease or disablement to or death of any person(s), including employees of the Contractor/Service Provider or damage to property resulting from or arising out of or in any way connected with or incidental to the operations caused by the contract documents. In addition the Contractor/Service Provider shall reimburse the PBS or pay to the PBS forthwith on demand without protest or demur all costs, charges and expenses and losses and damages otherwise incurred by it in consequence of any claims, demands and actions which may be brought against the PBS arising out of or incidental to or in connection with the operation covered by the contract. The Contractor/Service Provider shall at his own cost at the PBS's request defend any suit or other proceeding asserting a claim covered by this indemnity, but shall not settle, compound or compromise such suit or other finding without first consulting the PBS.


10. Whenever any claim, against the Contractor/Service Provider for the payment of a sum or money arises out of or under the contract, Competent Authority shall be entitled to recover such sum by appropriating in part or whole, the security deposit of the Contractor/Service Provider. In the event of the security being insufficient the balance or the total sum recoverable as the case may be, shall be deducted from any sum then due or which at any time thereafter may become due to the Contractor/Service Provider under this or any other contract with PBS. Should this sum be not sufficient to cover the full amount recoverable, the Contractor/Service Provider shall pay to Competent Authority on demand the balance remaining due.

INSOLVENCY OR DEATH OF CONTRACTOR/SERVICE PROVIDER

11. In the event of the Contractor/Service Provider being adjudged insolvent or going voluntarily into liquidation or having received order or other order under Insolvency act made against him or, in the name of a Company or, the passing of any resolution, or making of any order for winding up whether voluntarily or otherwise, or in the event of the Contractor/Service Provider failing to comply with any of the conditions herein specified ADG(E&A), PBS shall have the power to terminate the contract without previous notice.

12 Contractor/Service Provider 's heirs/representatives shall, without the consent in writing of the ADG (E&A) PBS , have the right to continue to perform the duties or engagements of the Contractor/Service Provider or under the contract in case of his death. In the event of the Contractor/Service Provider, with such consent aforesaid, transferring his business, and in the event of the Contractor/Service Provider being a company and being wound up any time during the period of this contract for the purpose and with the object of transferring its business to any persons or a company, the Contractor/Service Provider shall make it one of the terms and stipulations of the contract for the transfer of his properties and business, that such other person or company, shall continue to perform the duties or engagements of the Contractor/Service Provider under this contract and be subject to its liabilities there under. Proof of Death and other relevant documents to this effect shall be submitted to the ADG(E&A) PBS , in writing.

13. Without prejudice to any of the rights or remedies under this contract, if the Contractor/Service Provider dies, ADG(E&A), PBS shall have the option of terminating the contract without compensation to the Contractor/Service Provider, which does not amount to Breach of the contract.


SUB-CONTRACTS

14. The Contractor/Service Provider shall not assign, sub-contract or sublet the whole or any part of the the contract.

15. ADG (E&A), PBS reserves the right to refuse or permit any person to participate in the contract. Contractor/Service Provider shall be and remain primarily and principally liable to the PBS in terms hereof and for the due fulfilment of the contracted works.

16. The Contractor/Service Provider shall indemnify, and save harmless the PBS from and against all actions, suits, proceedings, costs, damages, charges, claims and demands whatsoever, either in law or in equity and all costs (inclusive between attorney and client) and charges and expenses that the PBS may sustain/suffer or incur arising from or out of or incidental to (in connection with any act(s) or commission) of the Contractor/Service Provider, his agents, employees, assignee. The provision shall also apply to the assignee as the case may be.

17. If Contractor/Service Provider without written approval of Competent Authority, assigns his contract, or attempt to do so, or become insolvent or commence any insolvency proceedings the ADG(E&A), PBS shall have power to adopt any of the courses specified in clause- (30); clause- (31) as he may deem fit in the interest of PBS and in the event of any of these courses being adopted the consequences specified in the said clause- (30); clause- (31) shall ensue.

18. Where the Contractor/Service Provider is a partnership firm, the previous approval in writing of the ADG(E&A) PBS shall be obtained before any change is made in the constitution of the firm. Where the Contractor/Service Provider is an individual or a Hindu undivided family business concern such approval as aforesaid shall likewise be obtained before the Contractor/Service Provider enters into any partnership agreement where under the partnership firm would have the right to carry out the work hereby undertaken by the Contractor/Service Provider. If previous approval as aforesaid is not obtained, the contract shall be deemed to have been assigned in the contravention of clause- (18) hereof and the same action may be taken, and the same consequence shall ensue as provided in the said clause-(18)


19. LABOUR WELFARE MEASURES AND WORKMAN COMPENSATION Obtaining licence before commencement of work:The contractor shall obtain a valid labour licence as per requirement under the

contract labour(R & A) Act. 1970 and the contract labour (Regulation and Abolition) Central Rules1971 before commencement of the work. The Contractor/Service Provider shall also abide by the provisions of the Child labour(prohibition and regulation) Act 1986. Any failure to fulfil this requirement shall attract the penal provisions of this contact arising out of the resultant non-execution of work.

20. CONTRACTORS/SERVICE PROVIDERS LABOUR REGULATIONS: Working hours

20.1. Normally working hours of an employee should not exceed 9 hours a day. The working day shall be so arranged that inclusive of interval for rest, if any, it shall not spread over more than 12 hours on any day.

20.2 When a worker is made to work for more than 9 hours on any day or for more than 48 hours in any week he shall be paid over time for the extra hours put in by him

20.3 Every worker shall be given a weekly holiday normally on Sunday, in accordance with the provision of minimum wages(Central) rules 1960, as amended from time to time, irrespective of whether such worker is governed by the minimum wages act or not. Where the minimum wages prescribed by the Government, under the minimum wages act, are not inclusive of the wages for the weekly day of rest, the worker shall be entitled to rest day wages, at the rate applicable to the next preceding day, provided he has worked under the same Contractor/Service Provider for a continuous period of not less than 6 days.

20.4. Where a Contractor/Service Provider is permitted by the officer to allow a worker to work on a normal week holiday, he shall grant a substituted holiday to him for the whole day, on one of the five days, immediately before or after the normal weekly holiday, and pay wages to such worker for the work performed on the normal weekly holiday at the overtime rate.

21. PAYMENT OF WAGES

21.1. The Contractor/Service Provider shall fix wage periods in respect of which wages shall be payable.


21.2. No wage period shall exceed one month.

21.3. The wages of every person employed as contract labour in an establishment or by a contactor, where less than one thousand such persons are employed, shall be paid before the expiry of seventh day and in other cases before the expiry of tenth day after the last day of the wage period in respect of which the wages are payable.

21.4.Where the employment of any worker is terminated by or on behalf of the Contractor/Service Provider, the wages earned by him shall be paid before the expiry of the second working day from the date on which his employment is terminated.

21.5.Wages shall be paid without any deductions of any kind except those specified by the central government by general or special order in this behalf or permissible under the payment of wages act 1956. The Contractor/Service Provider shall not charge any other fees from the manpower so engaged as a bilateral arrangement. The Contract is liable for cancellation, besides forfeiture of performance security in the event of any such practice comes to the notice of this Secretariat.

21.6.All payment of wages shall be made directly to the accounts of the individuals through ECS. Proof of the same shall be enclosed along with ensuing month’s bill. It shall be the responsibility of the Contractor/Service Provider to ensure that all individuals engaged by him have Bank Account.

21.7.Each claim/ bill of the Contractor/Service Provider must accompany details of labourers/employees engaged, duration of their engagement/wage register /amount of wages paid/amount of EPF/ESI contributions and declaration from the Contractor/Service Provider regarding compliance of the condition of EPF Act 1952.

21.8.The Contractor/Service Provider shall be responsible for providing all statutory benefits to the personnel employed by him including off day after 6 days & national holidays, PF, ESI etc. & the documentary proof of the same has to be attached with each month’s bill.

22 LABOUR RECORDS

22.1.The contactor shall maintain a Register of Persons employed on contract in form XIII of the Contract Labour(R & A) Central Rules 1971 and same shall be submitted alongwith monthly bills to be submitted by Contractor/Service Provider.


22.2.The Contractor/Service Provider shall maintain a muster roll register in respect of all workmen employed by him under contract in form XIVI of the CL( R & A) Rules.

22.3.The Contractor/Service Provider shall maintain a Wage Register in respect of all work men employed by him under contract in form XVII of the CL (R & a) Rules 1971.

22.4.The manpower deployed by the Contractor/Service Provider will have no claim whatsoever for absorption in PBS later on.

22.5.The Contractor/Service Provider shall maintain a Register of Fines in the form XII of the CL(R & A) rules 1971 the Contractor/Service Provider shall display in a good condition and in a conspicuous place of work the approved list of acts and omission for which fines can be imposed.

22.6.The contactor shall maintain all mandatory Register of deductions for damage Or loss in from XX of the CL(R & A) Rules 1971.

22.7.The Contractor/Service Provider shall maintain a register of Overtime in from XXIII of the CL(R & A ) rules 1971.

23(A) Inspection of Books and Slips.

The Contractor/Service Provider shall allow inspection of all the prescribed labour records to any of his workers or to his agent at a convenient time and place after due notice is received or to the labour officer or any other person, authorized by the Central Government on his behalf.

23(B) Submission of ReturnsThe Contractor/Service Provider shall submit periodical return as may be specified from time to time.

24 INSURANCE:

Without limiting any of the other obligations or liabilities the Contractor/Service Provider shall at his own expense take and keep comprehensive insurance for personel engaged under the contract. The Contractor/Service Provider shall also take out workmen’s compensation insurance as required by law and under take to indemnify and keep indemnified the PBS for and against all manner of claims an demands and losses and damages and cost (including between attorney and client) charges and expenses that


may arise in regard the same or that the PBS may suffer or incur with respect to end/or incidental to the same. The contactor shall have to furnish originals and /or attested copies as required by the PBS of the policies of insurance take within 15 (fifteen) days of being called upon to do so together with all premium receipts and other papers related thereto which the PBS may require.

COMPLIANCE WITH LAWS AND REGULATION

25.During the performance of the works the Contractor/Service Provider shall at his own cost and initiative fully comply with all applicable laws of the land and with any and all applicable by laws rules, regulations and orders and any other provisions having the force of law made or promulgated or deemed to be made or promulgated by the Government, Governmental agency or PBS, municipal boards, Government of other regulatory or authorized body or persons and shall provide all certificates of compliance therewith as may be required by such applicable law. By- laws, Rules ,Regulations, orders and /or provisions .The Contractor/Service Provider shall assume full responsibility for the payment of all contributions and pay rolls taxes, as to its employees, servants or agents engaged in the performance of the work specified in the Contractor/Service Provider documents .

26. Any assignee to share any portion of the work to be performed hereunder may be assigned. Assignee to comply with the provisions of the clause and in this connection the Contractor/Service Provider agrees as to undertake to save and hold the PBS, harmless and indemnified from and against and all penalties ,actions ,suits, losses and damages, claims and demands and costs (inclusive between attorney and client)charges and expenses whatsoever arising out or occasioned, indirectly or directly, by failure of the Contractor/Service Provider or any assignee or sub Contractor/Service Provider to make full and proper compliance with the said by-laws, rules ,regulations, laws and order and provisions as aforesaid.

FORCE MAJEURE: -

27. If any time, during the continuance of this contract, the performance in whole or in part by either party or any obligation under this contract shall be prevented or delayed by reason of any War, or Hostility, Acts of the public enemy, Civil commotion, Sabotage, Fires, Floods, Explosions, Epidemics, Quarantine Restrictions, Strikes, Lockouts or Act of God (hereinafter referred to as events)provided notice of happening of any such eventuality is given by either party to the other within 21 days from the date of occurrence thereof, neither party shall by reason of such claim for damages against the other in respect of such non performance or delay in


performance, and deliveries under the contract shall be resumed as soon as practicable after such event may come to an end or cease to exist, and the decision of the PBS as to whether the works have been so resumed or not shall be final and conclusive, provided further that if the performance, in whole or part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 60 days either party may, at his option, terminate the contract.

28. Provided also that if the contract is terminated under this clause, the PBS shall be at liberty to take over from the Contractor/Service Provider at a price to be fixed by the PBS which shall be final, all un-used, un-damaged and acceptable materials, bought out components and stores in the course of manufacture in possession of the Contractor/Service Provider at the time of such termination of such portions thereof as the purchaser may deem fit excepting such materials bought out components and stores as the contracts may with the concurrence of the PBS elect to retain.

BREACH OF CONTRACT

29.The breach of contract is the failure or refusal to perform it. Any breach of contract by one party to it gives the other party an immediate cause of action and a right to damages as compensation for loss following from the breach of contract. A breach occurs where a party to the contract repudiates or fails to perform one or more of the obligations imposed upon him by the contract. The failure to perform may take place when the time for performance has arrived or even before that. Thus, the "Breach of Contract" mentioned above covers (a) the Anticipatory Breach and (b) the Present Breach.

CANCELLATION/TERMINATION OF CONTRACT OR PART THEREOF

30. The Competent Authority may, at any time, at his option cancel and terminate this contract by written notice stating reasons for such cancellation or termination to the Contractor/Service Provider, in which event the Contractor/Service Provider shall be entitled to payment for the work done up to the time of such cancellation.

PAYMENTS

31.The Contractor/Service Provider shall submit bills at office of concerned Competent Authority for the executed work complete in all respects. The bills will be submitted in triplicate and in the manner and form that may be prescribed by the Competent Authority. Account payee cheque /DD/RTGS for amounts passed in the bill will be issued only after the Contractor/Service Provider gives a stamped receipt for the


amount unless the bills are pre-receipted. Payments will be made only by Account payee cheques/DD/RTGS. The Competent Authority will have the right to recover liquidated damages for delay or slow progress of the work , penalty etc. from the bills submitted for payment.

32.Income Tax and such other Taxes applicable from time to time will be deducted from the bill. However, if any new legislation comes into effect for deduction of tax at source, the deduction will be made under that legislature. Necessary Income Tax deduction certificate will be issued by the Accounts Officer detailing the amount so deducted as tax at source at the time of payment of each bill.

33. The final settlement of the bills and refund/ adjustment/ appropriation of any amount retained from the bills of the Contractor/Service Provider shall be made fully after the Competent Authority is satisfied that all the contractual obligations have been fully met and no amount remains due for recovery from the Contractor/Service Provider on any account. Unless there are specific reasons, all accounts are expected to be settled within a period of six months from the date of completion of the work in all respects.

34. Contractor/Service Provider shall pay to third parties all expenditure incurred for restoring services which are damaged by Contractor/Service Provider while carrying out the work. Such expenditure shall be intimated to Contractor/Service Provider either by Competent Authority or concerned third parties in writing. If Contractor/Service Provider fails to pay to the concerned third parties such amount within fifteen days from the date of notice, the Competent Authority shall recover such amount from the Contractor/Service Provider and will make the payment to concerned third parties at the risk and cost of the Contractor/Service Provider.

35.The Contractor/Service Provider shall not be justified in abandoning the contract because the PBS has delayed making payment(s) in respect of other work being done for the PBS by the Contractor/Service Provider.

36(a) The monthly bill for supply of unskilled, semi skilled & skilled manpower shall be submitted by the Contractor/Service Provider within one month of the date of completion of work or of the date of certificate of completion furnished by the Competent authority. The Contractor/Service Provider has also to submit an undertaking that EPF, ESI and Service Tax contributions as per terms and conditions of this document and as per the rates in S.No.1 to 4 in the Clause 42.b has been made by the Contractor/Service Provider, if the same is claimed in the bill for payment.


36(b) Components of Rates for payment:S.No. Component of Rate Unskilled Semi-skilled Skilled1. Monthly wages as per

MWA, 1948 for Area “A” (Delhi) in accordance with order No. 12(142)/13/mw/Lab/2231 dated 16.10.2015 from Joint Labour Commissioner(HQ) New Delhi as applicable wef 01.10.2015

Applicable Monthly wage rates as per manpower provided per month

Applicable Monthly wage rates as per manpower per month

Applicable Monthly wage rates as per manpower per month

2. EPF Contribution payable as per the rules applicable from time to time.

13.36% (presently)

13.36% (presently)

13.36% (presently)

3. ESI contribution payable as per the rules applicable from time to time.

4.75% (presently)

4.75% (presently)

4.75% (presently)

4. Service Tax (S.T.) payable as applicable from time to time

14.5% (presently)

14.5% (presently)

14.5% (presently)

5. Contractor/Service Provider’s Administrative/Service charge per manpower per month

As quoted in the financial bid and approved by competent authority.

All the above rates are as per the statutory provisions and subject to revision from time to time.36(bb). The contract will be in force for a period of ONE year commencing from the date of execution of agreement. The ADG(E&A), PBS may also extend the period of contract for a period upto one year from the date of its expiry on the same terms and conditions with mutual consent. For the said extension, the prevailing minimum rate of wage shall be applicable. However, in case of Computer Expert, Library Assistant, and Stenographer, where lump sum amount has been fixed i.e. Rs.15400/-, Rs.17000/- and Rs.15400/- respectively, the same will continue subject to prevailing Minimum Wages. The wages of Skilled Driver(s) is also under revision.36(c) Contractor/Service Provider’s Admin./Service Charges cannot be ‘NIL’ or ‘Zero’ or unrealistic. The tendency of such Contractor/Service Provider, who keeps Administrative/Service Charge barest minimum to get tender in their favour and after award of contract charge hefty amount from employee in the form of Registration Fee/charges etc. to maintain their profit, shall be severely discouraged. If


Contractor/Service Provider Admin./Service charge appears to be unrealistic such tender shall be rejected summarily. After award of contract, if Contractor/Service Provider is found to be charging any amount from the casuals, in that case the contract shall liable to be terminated immediately with forfeiture of FDR amount along with any other bills/dues on Prasar Bharati Secretariat and also the firm will be blacklisted. Any amount recovered from the casuals as registration or any fees by the bidder will be recovered from his pending bills and will be paid directly to the casual employee concerned. Decision of Prasar Bharati Secretariat in this regard shall be final and binding to all the prospective bidders.

SECURITY DEPOSIT

37. Earnest Money deposited at the time of submission of the tender, will be converted into Security Deposit on the acceptance of the tender.

38. The successful tenderer will have to deposit Performance Security at the rate of 5% of the estimated contract value at the time of signing of agreement within 10 working days of the issue of the letter of intent. The performance security will be furnished in the form of the Account Payee Demand Draft or Bank Guarantee drawn in favour of DDO PBS Delhi or Fixed Deposit Receipt (FDR) from a Commercial Bank pledged in favour of DDO Prasar Bharati Secretariat. The performance security should remain valid for DDO PBS Delhi for a period of 90 days beyond the date of completion of all the contractual obligations of the supplier. It may also be required to be extended in the event of extension of the contract.

39.Security Deposit shall not bear any interest for any period whatsoever, and therefore, Interest shall not be payable by the PBS on the Security Deposit or on amounts payable to the Contractor/Service Provider under the contract.

40.Security Deposit/PBG shall be liable for appropriation / adjustment against any liquidated damages for delayed execution. If the Contractor/Service Provider fails or neglects to perform any of his obligation under the contract, it shall be lawful for the PBS to forfeit either whole or any part of the Security Deposit furnished by the Contractor/Service Provider after issuing a "SHOW-CAUSE" Notice to the Contractor/Service Provider .

41.The Security Deposit/PBG shall be considered for adjustment against liquidated damages only at the time of final conclusion of the contract and final settlement of account.


42.All the compensation or other sum of money payable by the Contractor/Service Provider under the terms of this contract may be deducted from the Security Deposit/PBG or from any sum which may be due or may become due to the Contractor/Service Provider by the PBS on any account whatsoever and in the event of his security deposit being reduced by reason of any such deductions, the Contractor/Service Provider shall within ten days make good in cash the amount required to make good in full, the security deposit. Otherwise, the said balance in full shall be collected from the bills of the Contractor/Service Provider.

43.If the Contractor/Service Provider duly performs and completes the contracts in all respects, the PBS shall refund the Security Deposit/PBG to the Contractor/Service Provider after deducting all costs and other expenses that the PBS may have incurred for making good any loss due to any action attributable to the Contractor/Service Provider which the PBS is entitled to recover from the Contractor/Service Provider.

44.Security Deposit/PBG will be refundable only after full settlement of final bill for the works contracted/executed under the contract and on submission of NOC from the AD/ADE/ADG Concerned.

45.Security Deposit/PBG that is due for refund to the Contractor/Service Provider and remain unclaimed for three years after its refund becomes due and admissible (for instance, after the Contractor/Service Provider fulfils his contract) shall be dealt with in accordance with the provisions contained in the rules of the PBS.

DISPUTES AND ARBITRATION

46.In the event of any question, dispute or difference arising under this agreement or in connection therewith (except as to matter the decision of which in specifically provided under this agreement) the same shall be referred to sole arbitration of the ADG(E&A), PBS or in case his designation is changed or its office is abolished then in such case to the sole arbitration of the officer for the time being entrusted whether in addition to the functions of the ADG(E&A), PBS or by whatever designation such officers may be called (thereinafter referred to as the said officer) and if the ADG(E&A), PBS or the said officer is unable or unwilling to act as such the sole arbitration or some other person appointed by the ADG(E&A), PBS or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act, 1996. There will be no objection to any such appointment that the arbitrator is a PBS employee or that he has to deal with the matter to which the agreement relates or that in the course of his duties as PBS employee he has expressed views on all or any of the matter under dispute. The award of the arbitrator shall be final and binding on the parties. In the event


of such arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reasons whatsoever such ADG(E&A), PBS or the said officer shall appoint another person to act as arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors. The arbitrator may from time to time with the consent of parties enlarge the time for making and publishing the award. Subject to aforesaid Arbitration and Conciliation Act, 1996 and the Rules made thereunder, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause. The venue of the arbitration proceeding shall be the office of ADG(E&A), PBS at Delhi or such other places as the arbitrator may decide.

47.According to Article 119, Limitation Act, 1963, (as amended from time to time) the period of limitation for an application to set aside an award under the Arbitration Act, 1940 (as amended from time to time), begins to run from the 'date of service of the notice of the filing of the award'. The expression "date of notice" means not only a formal intimation but also an informal one. the notice can be given orally also. When a signed copy of the award is given to the party and his signature taken as a token of such receipt, this shall amount to a notice and the time for filing an application under Article 119 (a), Limitation Act, 1963 would run from that date.

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SECTION-V

Performa for no near relative (s) of the Contractor/Service Provider in PBS

Certificate to be given by the Contractor/Service Provider in respect of no near Relative (s) in O/o ADG (E&A) TERM and/or O/o CEO, PBS, of the Contractor/Service Provider.

I ………………………………………………………………………… S/O Sh………………………………………………………………………………R/o…………………………………….

Hereby certify that none of my relative (s) as defined in the tender document is/are employed in O/o ADG(E&A) and/or O/o CEO, PBS as per detail given below. In case at any stage, it is found that the information given by me is false/incorrect, PBS shall have the absolute right to take any action as deemed fit, without any prior intimation to me.

Signature of the tenderer with seal*

The near relative (s) means:a) Members of a Hindu Undivided family;

b) They are husband and wife.

c) The one is related to the other in manner as father, mother, son(s) & son’s wife (daughterin-law),Daughter (s) & daughter’s husband (son-in-law) brother (s) and brother’s wife, sister (s) sister’s husband (brother-in-law)


In case of proprietorship firm, certificate will be given by the proprietor, and in case of partnership firm, certificate will be given by all the partners and in case of Ltd. Company by all the Directors of the company or company secretary on behalf of all directors ). Any breach of these conditions by the company or firm or any other person , the tender/work will be cancelled and earnest money/security deposit will be forfeited at any stage whenever it is so noticed. The department will not pay any damages to the company or firm or the concerned person. The company or firm or the persons will also be debarred for further participation in the concerned unit.

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SECTION-VI

SCHEDULE OF REQUIREMNTSCategories of manpower

Requirement of manpower

Sub-category Educational/Skill Qualification Experience

Data Entry Operators

03 Undergraduate category

12th Passed; having typing speed of 40 wpm in English;well conversant with the working of computers and well versed with MS Office(Word, Excel, Power Point); and sufficient knowledge of Mail Wizard and Surfing of Internet.

At least one year experience of working as DEO in Govt./ Public/ Private institution/ State Govt. offices.

17 Graduate category

Graduate; having typing speed of 40 wpm in English; well conversant with the working of computers and well versed with MS Office(Word, Excel, Power Point); and sufficient knowledge of Mail Wizard and Surfing of Internet.

Stenogra-phers

01 Graduate; having shorthand speed of 100 wpm in English; typing speed of 40 wpm in English; well conversant with the working of computers and well versed with MS Office(Word, Excel, Power Point); and sufficient knowledge of Mail Wizard and Surfing of Internet.

At least one year experience of working as Stenographer in Govt./ Public/ Private institution/ State Govt. offices.

Computer Experts

04 Graduate; minimum 6 months Diploma Course in Computer Applications; typing speed of 40 wpm in English; well versed with MS Office(Word, Excel, Power Point); sufficient knowledge of Mail Wizard and Surfing of Internet; and able to

At least one year experience of working as Computer Expert in


develop softwares, software troubleshooting.

Govt./ Public/ Private institution/ State Govt. offices.

Library Assistants

01 Graduate with diploma in Library Science or Graduate with two years experience in computer archival system.

At least one year experience of working as Library Assistants in Govt./ Public/ Private institution/ State Govt. offices.

Driver 01 (i) Not less than 8th standard pass, preferably 10th pass;(ii) A valid motor driving licence for Light Motor Vehicle (LMV);(iii) Knowledge of motor mechanism and should be able to attend minor defects in vehicles;

Experience of driving a LMV for at least 3 years in Delhi and must not have involved in any road accidents

Peons 08 Non-Matriculate(unskilled) category

8th pass with reading and writing knowledge of Hindi & English

At least one year experience of working


as Peon in Govt./ Public/ Private institution/ State Govt. offices.

33 Matriculate (semi-skilled) category

10th pass with reading and writing knowledge of Hindi & English

(Note: Service shall be from 0930 to 1800 hrs on Monday to Friday, with a ½ hour lunch break. The Contractor/Service Provider may be called upon for the services on Saturday Sunday or Gazetted holidays also, if required, without any extra charge. No other emoluments shall be entitled to except the actual bus fare for services outside office premises.)

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SECTION-VII

FINANCIAL BID

(To be enclosed in a separate sealed envelope)

Tender No.: D-13023/29/2013-14/GA(CT)

Tender for Manpower Supply Services to the PBS, New Delhi

1. Name of tendering Company / Firm / Agency: __________________________

2. Contractor/Service Provider’s Administrative/ Service Charges in term of percentage of Statutory Minimum Wage

(In Numerical/ Figures):___________________%(Percent of Minimum Wage)

(In words)_________________________________________________%(Percent of Minimum Wage)

Note:1. Lowest Bidder will be determined in terms of clause 62 of Section-I of the Tender Document

2. No cutting, overwriting or fluidings on financial bid shall be accepted. In case of any ambiguity, the amount given in words shall have precedence.

Date………………………….

Signature & Seal of the Tenderer

Place…………………………. Name…………………………….


SECTION – VIIIPROFORMA OF AGREEMENT

The agreement made on this………………… day of(month)……………………(year)………………… between M/S ……………….………………………………………………………………………………………Herein after called “The Contractor/Service Provider”(which expression shall unless excluded by or repugnant to the context, include its successors, heir, executors, administrative representative and assignee) of the one part & the other in after referred to as the PBS, of other part.

Whereas the Contractor/Service Provider has offered to enter into contract with the said PBS in section …… …….. for providing unskilled and semiskilled manpower in ADG(E&A) PBS , Maharashtra, jurisdiction on the terms and conditions herein contained and the rates approved by the ADG(E&A), PBS(copy of Rates annexed) have been duly accepted and where as the necessary security deposits have been furnished in accordance with the provisions of the Bid document and whereas no interest will be claimed on the security deposits.

Now these presents witness and it is hereby agreed and declared by and between the parties to these presents as follows.

1. The Contractor/Service Provider shall, during the period of this contact that is to say from (Date)…………….. to

(Date)………. or completion of work for

Rs……………………………………… (In words)

…………………………………………………………………. whichever is earlier or until this contract shall be determined by such notice as is hereinafter mentioned, safely carryout, by means of manpower employed at his own expenses and by means of tools, implements and equipment etc. to supplied by him to his manpower at his own expense, all other associated works as described in Bid documents (annexed to the agreement), when the ADG(E&A), PBS or any other persons authorized by the ADG(E&A), PBS in that behalf require. It is understood by the Contractor/Service Provider that the services mentioned on the schedule is likely to change as per actual requirements as demanded by exigencies of service.

2. The NIT (notice inviting tender), Bid documents (Qualifying and Financial), letter of intent, approved rates, annexed hereto and such other additional particulars, instructions, work orders as may be found requisite to be give during execution of the


work shall be deemed and taken to be an integral part of the contract and shall also be deemed to be included in the expression “The Agreement” or “The Contract” wherever herein used.

3.The Contractor/Service Provider hereby declares that nobody connected with or in the employment of the O/o ADG(E&A) and/or O/o CEO is not/shall not ever be admitted as partner in the contract.

4. The Contractor/Service Provider shall abide by the terms and conditions, rules, guidelines, etc, stipulated in the Bid document including any correspondence between the Contractor/Service Provider and the PBS having bearing on execution of work and payments of work to be done under the contract.

In witness whereof the parties present have here into set their respective hands and seals the day, year in………………

Above written:( ) ( )

Signature on behalf of PBSSignature on behalf of Contractor/Service Provider

Name: Name:Designation: Designation:Seal: Seal:

Agreement signed in the presence ofWitness 1: Witness 1:Signature: Signature:

Name: Name:Witness 2: Witness 2:Signature: Signature:Name: Name:


Section-IXPERFORMANCE SECURITY FORM

MODEL BANK GUARANTEE FORMAT FOR PERFORMANCE SECURITY

To,...................................WHEREAS......................................(name and address of the Service Provider) (hereinafter called “the Service Provider”) has undertaken, in pursuance of contract no. ................ dated ................ to supply (description of services) (herein after called “the contract”).

AND WHEEAS it has been stipulated by you in the said contract that the supplier shall furnish you with a bank guarantee by a scheduled commercial bank recognized by you for the sum specified therein as security for compliance with its obligations in accordance with the contract.

AND WHEREAS we have agreed to give the supplier such a bank guarantee;NOW THEREFORE we hereby affirm that we are guarantors and responsible to you, on behalf of the supplier, up to a total of .............................................. (amount of the guarantee in words and figures), and we undertake to pay you, upon your first written demand declaring the supplier to be in default under the contract and without cavil or argument, any sum or sums within the limits of (amount of guarantee) as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein.We hereby waive the necessity of your demanding the said debt from the supplier before presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the contract to be performed there under or of any of the contract documents which may be made between you and the supplier shall in any way release us from any liability under this guarantee and we hereby waive notice of any such change, addition or modification.This guarantee shall be valid until the ........day of .........., 20 .............................................

(Signature of the authorized officer of the Bank).......................................................................................Name and designation of the officer.......................................................................................Seal, name & address of the Bank and address of the Branch
