1
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION
(A Statutory body of the Govt. of India)
7th floor, Chanderlok Building, Janpath, New Delhi-110 001
Ph.Nos.23724151-57 Extn.214 website : www.aicte-india.org
Advt. No.Admn./05(02)/2016
Date of advertisement : 25.05.2016
NOTICE INVITING TENDER for outsourcing of Stenographers, Receptionists, Help Desk Executives,
Electricians, Drivers, Helpers, Safai Karamchari.
The All India Council for Technical Education (AICTE) is a Statutory body of Department of Higher Education, Ministry of Human Resource Development, Govt. of India, established by an Act of Parliament (No.52 of 1987) with a view to the proper planning and co-ordinated development of the technical education system throughout the country, the promotion of qualitative improvement of such education in relation to planned quantitative growth and the regular and proper maintenance of norms and standards in the technical education system and for matters connected therewith. Sealed Tender are invited under Two Bid system (Part-I : technical Bid and Part-II : Price Bid) for outsourcing of Stenographers, Receptionists, Help Desk Executives, Electricians, Drivers, Helpers, Safai Karamchari etc. for its Hqrs. at New Delhi as well as for its Regional & Camp Offices at Bhopal, Vadodara, Kolkata, Guwahati, Kanpur, Chandigarh, Chennai, Bengaluru, Thiruvananthapuram, Mumbai and Hyderabad, from Licensed manpower agencies with annual turnover of Rs.2 crores or more for last three years, only on account of supply of manpower to Central or State Government Ministries/Departments/Autonomous Bodies/PSUs., holding valid license under Contract labour (Regulation & Abolition) Act, 1970, registered with EPFO, ESIC, having Service Tax registration.
The estimated annual cost of the work is Rs.2 crores. The contractor must have successfully executed/completed similar works for supply of skilled, unskilled manpower in Central Govt./Autonomous Bodies during the last five years.
Detailed tender documents can be obtained against a written request quoting Advertisement No., published on, accompanied by a Demand Draft of Rs.10,500/- from any scheduled bank drawn in favour of “Member Secretary, AICTE, New Delhi”, payable at New Delhi.
i) Cost of Tender documents : Rs. 10,500/-
ii) Last date and time for submission of Tender : 14.06.2016 (up to 1600 hrs.)
iii) Date of opening of Technical Bid : 15.06.2016 at 1100 hrs.
iv) Earnest Money Deposit (EMD) to be submitted along with the Technical Bid : Rs.5,00,000/- (Rupees five lakhs only)
v) Date of opening of Financial Bid : 16.06.2016 at 1100 hrs.
The Terms & Conditions are available on Council’s website at www.aicte-india.org/btenders.php
(Member Secretary, AICTE)
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Document Sl. No._________
Price: Rs.10, 500/-
TENDER DOCUMENT
FOR
PROVIDING OF
STENOGRAPHERS, HELP DESK EXECUTIVES, RECEPTIONISTS,
ELECTRICIANS, DRIVERS, HELPERS, SAFAI KARAMCHARI,
THROUGH MANPOWER AGENCY
Date of notification of the tender (tender document can be downloaded from the AICTE’s website, i.e., www.Council-india.org/btenders.php
: 25.05.2016
Last date and time for submission of tender in AICTE’s Hqrs Office, Janpath, New Delhi in sealed envelopes along with all enclosures including fee in the form of Demand Draft
: 14.06.2016
Up to 16.00 Hours
Date of opening of Technical Bid(Part-I): Annexure-II in AICTE’s Hqrs Office, Janpath, New Delhi in the presence of the representative of manpower agencies/firms
: 15.06.2016
At 11.00 Hours
Date of opening of Financial Bid(Part-II): Annexure-III in AICTE’s Hqrs Office, Janpath, New Delhi in the presence of the representative of manpower agencies/firm(only for the firms qualified in the technical bid)
: 16.06.2016
At 11.00 Hours
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION
(A Statutory body of the Government of India) 7th floor, Chanderlok Building, Janpath, New Delhi-110 001.
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ALL INDIA COUNCIL FOR TECHNICAL EDUCATION
(A Statutory body of the Government of India) 7th floor, Chanderlok Building, Janpath, New Delhi-110 001
CONTENTS OF TENDER DOCUMENTS
for outsourcing of Stenographer, Help Desk Executive, Receptionists,
Electrician, Driver, Helper, Safai Karamchari, through manpower Agency.
S. No. Description
Page No.
1. Notice Inviting Tender 4-5
2. Terms and Conditions 6-7
3. Qualifications & Experience for each post 8-9
4. Detailed Status of the Tenderer 10
5. Rate Schedule 11
6. Sample of Agreement 12-20
Note : Tenderer should ensure that they have downloaded all the above documents from the AICTE’s
website, i.e. www.aicte-india.org/btenders.php. The site of work can be seen personally. Demand Drafts (non refundable/non-transferable) for Rs.5,00,000/- (Rupees Five Lakhs only) towards Earnest Money Deposit (EMD) may please be attached along with
Rs.10,500/- (Rupees Ten thousands and five hundred only) towards Cost of Tender Document
Fee. Demand Draft should be drawn in favour of “Member Secretary, All India Council for
Technical Education” payable at New Delhi issued by any of the scheduled banks drawn on or after the date of advertisement.
Sl.
No. Particulars DD No. dated Amount
(in Rs)
Name of the
issuing Bank
and Branch
01. Earnest Money Deposit (EMD)
Rs.5,00,000/-
02. Fee for Tender Document Rs.10,500/-
Name of the Tenderer : _________________________________________________ Address of the Tenderer : __________________________________________________
__________________________________________________ _________________________________________________ __________________________________________________ __________________________________________________
Contact No. (Landline & Mobile Phone) : Email Id : Name of the Authorized Signatory with Seal: _____________________________________
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ALL INDIA COUNCIL FOR TECHNICAL EDUCATION
(a Statutory body of the Government of India)
7th floor, Chanderlok Building, Janpath, New Delhi-110 001
NOTICE INVITING TENDER
1. The All India Council for Technical Education (AICTE) invites tender from reputed licensed
contractors under the provisions of Contract Labour (Regulation & Abolition) Act, 1970
for outsourcing of Stenographers, Help Desk Executives, Receptionists, Electricians,
Drivers, Helpers, Safai Karamcharis, through manpower Agencies, holding valid
license under Contract Labour (Regulation & Abolition) Act, 1970, registered with
EPF, ESIC authorities, having Service Tax registration and successfully carried
out at least three similar works for supply of manpower of 200 or more
persons under a single contract during the last 5 (five) years in Central or State
Government Ministries/Departments/Autonomous Bodies/PSUs on contract basis, for
providing services at the AICTE’s Head Quarter Office in New Delhi as well as at its
Regional and Camp Offices located across the country namely at Bhopal, Vadodara,
Kolkata, Guwahati, Kanpur, Chandigarh, Chennai, Bengaluru, Thiruvananthapuram,
Mumbai and Hyderabad. The details of minimum qualifications and experience for each
category are given at Annexure-I.
2. The contract period for providing manpower services will be initially for a period of
ONE year only which may be extended further with mutual consent. The estimated
annual cost of the works is Rs.2 Crores for one year.
3. Contractor/Agency should submit their tenders with following details in
Technical Bid(Part-I) :
i) Attested registration certificate of agency issued by the Appropriate Authority.
ii) Attested copy of valid labour license from the Regional Labour commissioner for
specific number required for the contract under Contract Labour (Regulation &
Abolition) Act, 1970.
iii) Attested copy of valid Service Tax Registration Certificate.
iv) Attested copy of registration under EPFO.
v) Attested copy of registration under ESI.
vi) Copies of documents regarding type, whether Proprietor/Firm/Company.
vii) Documents in support of having successfully executed/completed similar works
for supply of manpower in Central or State Government Ministries/ Departments/
Autonomous Bodies/PSUs during the last five years.
viii) Audited statements of Annual Accounts in support of Annual Turn Over of the
Contractor. The Annual Turn Over should be Rs.2 Crores or more for the last
three years, only on account of supply of manpower to Central or State
Government Ministries/Departments/Autonomous Bodies/PSUs.
ix) List of Clients with addresses, Phone Nos. & copies of contract papers.
x) Customer’s satisfaction proof provided by the organizations where tenderer
provided manpower services (Note – AICTE reserve the right to verify the quality of
services rendered to such other entities by contacting them on phone or
personally).
xi) Copy of PAN Card & ITR for the last three financial years.
xii) An undertaking that the tenderer or its proprietors or any of the partners or any of
the shareholders or Directors as the case may be has not been blacklisted by any
Central or State Government Ministries/Departments/Autonomous Bodies/PSUs
as on the date of submission of the bid.
4. Tender document is to be submitted in two parts comprising Technical Bid (Part-I) &
Financial Bid (Part-II). The Technical Bid (Part-I) should be the EMD and statement showing
compliance with the criteria/detailed technical specifications as per terms & conditions of the AICTE
(Annexure-II). The Financial Bid (Part-II) should contain the details of price offered for various
kinds of services (Annexure-III).
Both the parts should be properly marked and enclosed in separate sealed envelopes
(marked 1 & 2) for their proper identification and two Demand Drafts for both EMD and Cost for
Tender should be placed in a another sealed envelope (3). All three sealed envelopes (1st,2nd & 3rd)
should be put inside a bigger envelope (4th) super scribing the title “Tender for Outsourcing of
Manpower in AICTE (TECHNICAL BID, FINANCIAL BID, EMD & Cost of Tender Documents).
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Technical Bid (Part-I) will be opened in presence of the tenderers or their authorized
representatives on the date of tender opening (as mentioned in the advertisement)
at 1100 Hours and the Financial Bid (Part-II) after evaluations of Part-I on the date of
tender opening (as mentioned in the advertisement) at 1100 Hours. The Financial Bid
(Part-II) of only those tenders shall be opened who are found technically qualified to carry
out the work.
5. Tender document along with detailed “Terms and Conditions” can be downloaded by the Contractors from the AICTE’s website i.e. www.aicte-
india.org/btenders.php. Filled in tender documents in all respect along with all
enclosures including Demand Drafts (non refundable/non-transferable) for
Rs.5,00,000/- (Rupees Five Lakhs only) towards Earnest Money Deposit (EMD)
and Rs.10,500/-(Rupees Ten Thousands Five Hundreds only) towards Cost of Tender Document Fee. Demand Drafts should be drawn in favour of “Member
Secretary, All India Council for Technical Education” payable at New Delhi
issued by any of the scheduled banks drawn on or after the date of
advertisement.
6. Tenderers may submit their respective tenders in sealed cover superscripted with “Tender
for Outsourcing of Manpower in AICTE (TECHNICAL BID, FINANCIAL BID, EMD &
Cost of Tender Documents” addressed to the Director (Admn.), AICTE, 7th floor,
Chanderlok Building, Janpath, New Delhi-110001, on or before the date as mentioned
in the advertisement by 16.00 Hrs., which will be opened as mentioned in the
advertisement in the presence of the contractors or their authorized representative, if any,
and Technical Bids shall thereupon be opened for assessment in due course.
7. Tenders received after due date/time and/or without EMD and Cost for Tender
Documents and/or with any qualifications or conditions shall be summarily rejected.
8. AICTE reserves the right to accept or reject any or all the Offers without assigning any
reasons.
9. Canvassing in any form is prohibited and the tender(s) submitted by the Tenderer(s) who
resorts to canvassing is/are liable for rejection.
10. Tenderer(s) should not quote rates less than the minimum rate prescribed by the
respective statutory authority/body for that job or similar jobs.
11. The tenderer(s) shall quote rates both in figures and words. He/She shall also work out
the amount for each item of work and write in both figures and words. On checking, if
there are differences between the rates quoted by the tenderer in words and in figures or in
the amount worked out by him/her , the following procedure shall be followed :
i) When there is difference between the rates in figures and in words, the rates,
which correspond to the amount worked out by the tenderer shall be taken as
correct.
ii) When the amount of an item is not worked out by the tenderer or it does not
correspond with the rate written either in figure or in words, the rate quoted by the
tenderer in words shall be taken as correct.
iii) When the rate quoted by the tenderer in figures and in words tallies but the
amount is not worked out correctly, the rate quoted by the tenderer shall be taken
as correct and not the amount.
12. The tenderer should quote the rates after properly assessing the work requirement.
13. Earnest Money Deposit (EMD) will be forfeited if the tenderer fails to commence the work
as per the award of contract letter for the work within 7 days from the issue of Offer
Letter or as intimated in the award of Contract letter by AICTE.
14. Except writing rates and amount, the tenderer should not write any conditions or make
any changes, additions, alterations and modifications in the tender form. Tenderers who
are desirous to offer rebate, should mention it separately in the covering letter submitted
along with the tender.
15. AICTE reserve the right to award to any one or more successful tenderer in terms of
manpower numbers or type/category of manpower at its sole discretion.
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TERMS AND CONDITIONS : 1. Period of Contract: The contract will be initially for a period of ONE year only, which
may be extended further with mutual consent between Council and Manpower Agency.
2. Earnest Money Deposit (EMD) & Fee for Tender Document: The EMD of
Rs.5,00,000/- (Rupees Five Lakhs only) and Fee for Tender Document for
Rs.10,500/-(Rupees Ten Thousands Five hundread only) in the form of two separate Demand Drafts from any scheduled bank drawn in favour of “Member Secretary, All
India Council for Technical Education, payable at New Delhi” must accompany
Part-I (Technical Bid) in a separate sealed envelope. The EMD shall be refunded to
unsuccessful tenderer, after finalization of the tender. The EMD shall be forfeited, if
any tenderer withdraws his/her offer before finalization of the tender or fails to submit the acceptance within 03 days from the date of award of Contract letter or as
intimated by AICTE.
3. Performance Bank Guarantee: A performance bank guarantee equivalent to 10% (ten
Percent) of the total work order value shall be furnished by the successful tenderer
from any scheduled bank at the time of award of the contract. The performance bank guarantee shall be kept valid and subsisting for at least 6 (six) months beyond the
termination of the contract or of the term of the contract between the parties,
whichever is later. If not invoked and/or encashed earlier, the performance bank
guarantee shall be released by Council on the expiry of 6 (six) months as aforesaid.
4. Providing manpower services will be purely on CONTRACTUAL basis. Therefore, the number of manpower required may increase or decrease as per requirement of the
AICTE. AICTE will be under no obligation to engage any specific number of manpower
during the period of contract.
5. AICTE reserves the right to cancel the tender without assigning any reason(s) at any stage of the tender process.
6. AICTE reserves the right to alter and/or modify any or all the conditions of this tender
document at its sole discretions.
7. The tenderer must submit the certified copies of the following documents :
a) Attested registration certificate of agency issued by the appropriate authority.
b) Attested copy of valid labour license from the Regional Labour Commissioner for specific number
required for the contract under Contract Labour (Regulation & Abolition) Act, 1970.
c) Attested copy of valid Service Tax Registration certificate
d) Attested copy of Registration under ESI.
e) Copy of document regarding type, whether Proprietor/Firm/Company.
f) Document in support of successfully executed/completed similar works for supply of manpower
in Central or State Government Ministries/Departments/Autonomous Bodies/PSUs during the
last five years.
g) Audited Accounts statements in support of Annual Turn Over of the Contractor. The Annual
Turn Over should be Rs.2 Crores or more for the last three financial years or more only on
account of supply of manpower to Central or State Government Ministries/Departments/
Autonomous Bodies/PSUs during the last five years.
h) List of Clients with addresses, Phone No., Email Ids & copies of contract papers.
i) Attested copies of Customer’s satisfaction proof.
j) Attested copies of PAN Card & ITR for the last three financial years.
k) An undertaking that the agency has not been blacklisted by any Central or State Government
Ministries/Departments/Autonomous Bodies/PSUs as on the date of submission of the bid.
8. The Contractor supplied more than 200 manpower to Central or State Government
Ministries/Departments/Autonomous Bodies/PSUs during the last five years.
9. AICTE shall have the right to negotiate with L1 bidder at its sole discretion.
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10. If the technical and financial bid of the tenderer does not conform to any laws in force in India, he same shall summarily be rejected by the AICTE. For example, if rates
quoted for the purposes of bid contain amounts lesser than the minimum prescribed
in law for the services, i.e. for instance under the Minimum Wages Act 1948, or
payment of Bonus Act 1965, etc., the bid shall be summarily rejected.
11. In case the rates in the financial bids of any tenderers are identical, such tenderers
shall be ranked on the basis of whose technical bid in terms of turnover in the last 3
(three) financial years and experience is superior. To this end it is clarified that the
assessment would be done on a hybrid basis as under:
(i) The highest aggregate turnover of the tenderer for the last 3 (three) financial years immediately preceding the date of submission of the bid, to be gathered
from the Income Tax Returns of the concerned tenderers, along with;
(ii) The experience shall be measured and calculated in terms of the aggregate
number of contract employees actually deployed by the bidder in the last 3 (three) years only with Central or State Government, Ministries,
Departments/Autonomous Bodies/PSUs specifically with respect to the
categories which the Queriest is looking to employ.
(iii) To this end, AICTE shall require the concerned tenderer(s) to furnish to AICTE,
latest within 7 (seven) days of the request in this regard, documentary proof of the deployment of such employees. In the event the concerned tenderer(s) fail to
furnish to AICTE proper documentary proof in this regard latest within 7
(seven) days of the request, the bid of such tenderer(s) shall be summarily
rejected.
12. On successful declaration as L1bidder shall execute a contract substantially in the
form as set out in Annexure A to the NIT. The decision of the AICTE in relation to any
changes or alternations that may be required to the contract shall be find binding on
the tenderer.
13. In case of any ambiguity or doubt in relation to interpretation of any clauses of the NIT or the Service Agreement or draft Bank Guarantee, the interpretation of the AICTE of
the particular clause shall be find and binding on the parties.
Note : The tender submitted by the Contractor who does not supply the complete and
correct information as mentioned above shall be summarily rejected.
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ANNEXURE - I
QUALIFICATION & EXPERIENCE FOR EACH POST
Sl. No.
Category of personnel
*No. of manpower required
Educational Qualification and Skills Experience
1
Stenographer
12
Hqrs: 04
Regional
Offices: 1
each
A) Any Bachelors Degree of 3 Years
duration from a University established by
Acts of UGC (or) Universities/Institutions
established by Acts Parliament/State
Governments/ Union Territories
AND
B)Candidate should possess 1 year
Diploma Course in Stenography from
Institutes established/ approved/
recognized by Central/State/Union
Territory Governments,
AND
C) Minimum typing speed of 40 wpm and
80 wpm of Stenography (in English).
Knowledge of stenography in Hindi or
other Regional Languages, as required is
desirable.
Minimum 3 years as
Stenographer preferably in Central or State Government Ministry/ Departments/ Autonomous Bodies/PSU
Maximum Age Limit: 40 Years
2.
Help Desk Executive
02
Hqrs: 02
BBA/MBA Degree of 3 Years duration
from a University established by Acts of
UGC (or) Universities/Institutions
established by Acts Parliament/State
Governments/ Union Territories with well
verse of working knowledge on Computer.
OR
BCA Degree of 3 Years duration from a
University established by Acts of UGC (or)
Universities/Institutions established by
Acts Parliament/State Governments/ Union
Territories with well verse of working
knowledge on Computer.
2 years experience as Receptionist / Help Desk Executive or relevant
preferably in Central or
State Government
Ministry/ Departments/Autonomous Bodies/PSU
Maximum Age Limit: 40 Years.
3.
Receptionist
02
Hqrs: 02
Any Bachelors Degree of 3 Years duration
from a University established by Acts of
UGC (or) Universities/Institutions
established by Acts Parliament/State
Governments/ Union Territories AND
Certificate / Diploma in Receptionist with knowledge of Computer operation.
2 years experience as Receptionist / Help Desk
Executive or relevant
preferably in Central or
State Government Ministry/ Departments/Autonomous Bodies/PSU
Maximum Age Limit: 40 Years.
4.
Electrician
02
Hqrs: 02
2 years Diploma course of Electrician
from ITI established/ approved/
recognized by Central/State
Governments/ Union Territories.
Minimum 3 years of experience as Electrician
in preferably in Central or
State Government Ministry/ Departments/Autonomous Bodies/PSU. Should process working knowledge of assembling, testing, installing and
maintenance of Electrical/Electronics/ Electromechanical systems and tools.
Maximum Age Limit: 40 Years.
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Sl. No.
Category of personnel
*No. of manpower required
Educational Qualification and Skills Experience
5.
Driver
02
Hqrs: 02
10th Standard Pass from school
established/ approved/ recognized by
Central/State Governments/ Union
Territories. AND
Possessing valid driving license Competent Authority of the Transport
Department of Central/ State
Governments/ Union Territories for
Motor Cars (LMV - Commercial)
05 Years driving Experience of motor car
preferably in Central or
State Government Ministry/Departments/ Autonomous Bodies/PSU. Preference will be given to those who have knowledge of Motor Mechanism (Such as assembling, testing,
installing and maintenance).
Maximum Age Limit:
40 Years.
6.
Helper
80 Hqrs: 50 Regional Offices: 3
Each Camp
Office: 2
8th Standard pass from school
established/ approved/ recognized by
Central/State Governments/ Union
Territories.
3 years experience in the relevant field preferably in Central or State Government Ministry/ Departments/Autonomous Bodies/PSU
7.
Safai Karamchari
30
Hqrs: 11 Regional
Offices : 2 Each Camp
Offices: 1 Each
Nil He/she must have 2 years experience in the relevant field preferably in Central or State Government Ministry/ Departments/ Autonomous Bodies/PSU
* Number of manpower may increase or decrease.
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Annexure – II
PART-I (TECHNICAL BID) ALL INDIA COUNCIL FOR TECHNICAL EDUCATION
(A Statutory body of the Government of India)
7th floor, Chanderlok Building, Janpath, New Delhi-110 001
Name of the work: For providing of manpower purely on CONTRACTUAL basis to AICTE
at its Hqrs, at New Delhi / at 8 Regional Offices and 3 Camp Offices
DETAILED STATUS OF THE TENDERER
Sl. No. Particulars
(Enclose self attested true copies of supporting documents)
Details to be filled by the Firm
1. Name of the Tenderer :
2. Address of the Tenderer (with e-mail ID and
Phone Nos.) :
3. Experience (in Years) and No. of Manpower* :
4. Details of Registration Certificate of agency
issued by the Appropriate Authority :
5.
Valid Labour License No. issued by the Regional Labour Commissioner for specific number required for the contract under Contract Labour (Regulation & Abolition) Act, 1970
:
6. No. of valid Service Tax Registration certificate :
7. EPFO Registration No. :
8. ESI Registration No. :
9. Document regarding type, whether
Proprietor/Firm/ Company :
10.
Document in support of having successfully executed/completed similar works for supply of manpower in Central or State Government Ministries/ Departments/ Autonomous Bodies/ PSUs during the last five years
:
11.
Audited statements of Annual Accounts in
support of Annual Turn Over of the Tenderer
for the last three financial years.
:
12. List of Clients with addresses, Phone Nos. &
copies of contract papers :
13.
Customers Satisfaction Certificate (Customer’s
satisfaction proof provided by the
organizations where tenderer provided manpower services)
:
14. PAN Card Details of Tenderer :
15. Details of ITRs for the last three financial years :
16.
An undertaking that the tenderer or its proprietor, any of the partners, or any of the Shareholders or Directors, as the case may be has not been blacklisted by any Central or State Government Ministries/Departments/ Autonomous Bodies/
PSUs as on the date of submission of the bid, as
mentioned in the advertisement
:
I hereby certify that information furnished in the above Technical Tender is true,
complete and correct to my Knowledge and belief. I understand that in the event of any
information being found false or incorrect at any stage, my tender/empanelment shall be liable to
be cancelled/terminated without any notice or compensation whatsoever in lieu thereof. Note: Please enclose all documents as defined in Sl. No. 03 in page No. 03 of the document.
(AUTHORISED SIGNATORY OF THE TENDERER WITH SEAL)
Seal of the Tenderer: Email Id______________ Mobile No.________________
* Actually deployed by the Tenderer in Central or State Government Ministries/ Departments/
Autonomous Bodies/PSU.
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ANNEXURE – III
PART-II (FINANCIAL BID)
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION
(A Statutory body of the Government of India) 7th floor, Chanderlok Building, Janpath, New Delhi-110 001
Name of the work: For providing of manpower purely on CONTRACTUAL basis to Council
at Council’s Hqrs, at New Delhi/8 Regional Offices/3 Camp Offices
RATE SCHEDULE
(In Rs. Per Month)
Sl.No.
Item Description Stenographer
Per person
Help Desk Executive/
Receptionists Per person
Electrician Per person
Driver Per
person
Helper/ SafaiKaramchari
Per person Total$
(A) (B) ( C ) ( D ) ( E ) ( F ) ( G ) ( H ) =
(C+D+E+F+G)
1. Minimum wage
2. EPF (______ %)
3. ESI (______ %)
4. Total
5. Service Tax (_____ %)
6. Service Charge
7. Any Other duties/ tax etc.
Total (in Figure) #####
Total (in Words)
Note: 1. $-Total amount for providing manpower one each in Stenographer, Help Desk Executive/ Receptionists,
Electrician, Driver, Helper, Safai Karamchari (One each in above said C, D, E, F & G Columns) 2. The total rate in ##### will only be considered for financial evaluation of the bid.
Wages: as per Minimum Wages Act of Central/ State Governments/ Union Territories as
the case may be.
Rate of Over Time per Hour = [ Remuneration/ (No. of days in a month X No. of Hours
per day) ]
Eg. Rate of Over Time per Hour for January = [ Rs. XX /(31x8) ] = Rs. YY/-
Details of Over Time Allowance per Hour for various categories of staff
Sl.
No. Category**
Rate Per Hour
(in Rs.)
Sl.
No. Category**
Rate Per Hour
(in Rs.)
1 Stenographer 5 Driver
2 Help Desk Executive 6 Helper
3 Receptionists 7 Safai Karamchari
4 Electrician
Note:- The service charge mentioned at Sl.No. 6 should not be less than the applicable rate [of TDS and cess to be deducted from Council from the payable bills].
Note: **-as per requirement
OTHER TERMS & CONDITIONS :
Payment towards conveyance allowance will be as per actual and service charges @ ______ % of as applicable from time to time will be applicable.
The consolidated salaries payable to personal will be as recommended/fixed by AICTE.
The Tenderer shall issue Offers of appointment on terms & conditions recommended by the AICTE.
The amount must be indicated in words and figures clearly without any over writing or cutting.
Date : Signature of the Proprietor/ Authorized
Place : Representative of the Tenderer Name and Designation: _________________________________
Address : _________________________________
Seal of the Tenderer Mobile No. : _________________________________
Email Id: : _________________________________
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SAMPLE SERVICE AGREEMENT
The Service Agreement is made this ___ Day of _____2015
BETWEEN
All India Council for Technical Education
AND
M/s._________________________
WITH REGARD TO
“PROVIDING MANPOWER SERVICES (i.e. Technical Executive, Stenographers, Help Desk Executives, Receptionists, Electricians,
Helpers, Drivers and Safai Karamchari)”
Valid from to .
13
AGREEMENT
This AGREEMENT made on this ___________________day of __________________________________________ 2016 between All India Council for Technical Education, New Delhi
And
M/s_______________________________________at_________________________________
___ ______________________________ (hereinafter referred to as Contractor) of the OTHER PART.
WHEREAS AICTE is desirous of giving a contract for providing manpower
at its Head Quarter at Chanderlok Building, Janpath, New Delhi & likely to shift to JNU Campus, Nelson Mandela Road, Vasant Kunj, New Delhi/ Regional
and Camp Offices at Bhopal, Vadodara, Kolkata, Guwahati, Kanpur, Chandigarh, Chennai, Bengaluru, Thiruvananthapuram, Mumbai and Hyderabad, and whereas the Contractor has offered to provide Contractual
manpower on the terms and conditions hereinafter stated.
WHEREAS Contractor has represented that he/she/it is a registered
Contractor under the provisions of Contract Labour (Regulation and Abolition Act), 1970 (“the Act”) and has further represented that he/she/it is eligible to get this contract and there is no legal or any other bar for him/her/it in this
respect. Any obligations and/or formalities which are required to be fulfilled under the said Act or any amendment(s) thereof for the purpose of entering into and/or execution of this contract shall be carried out by the contractor at his
own expenses, etc. and the contractor shall report the compliance thereof to AICTE. The Contractor shall be solely liable for any violation of the provisions
of the said Act or any other laws in force in India from time to time.
WHEREAS the Contractor has agreed to for providing manpower in AICTE at New Delhi as well as at its Regional / Camp Offices.
And WHEREAS the Contractor has agreed to furnish to AICTE a Security deposit of Rs………………..…… by way of Bank Guarantee.
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NOW THEREFORE BY THESE ARTICLES AND ON THE PREMISES mentioned above, the parties have mutually agreed as under :
A. GENERAL CONDITIONS:
1. That it is expressly understood and agreed between the parties to this
Agreement that the persons deployed by the Contractor for the services mentioned herein shall be the employees of the Contractor for all intents and purposes and that the persons so deployed shall remain under the
control and supervision of the Contractor and in no case, shall a relationship of employer and employee between the said persons and
AICTE shall accrue or arise implicitly or explicitly.
2. After execution of the agreement and upon taking over the responsibility
of deploying Contractor’s personnel, the Contractor shall formulate a suitable mechanism and duty assignment in consultation with Director (Admn.), AICTE, or his nominee. Subsequently, the Contractor shall
review the work arrangement from time to time and advise the Director (Admn.), AICTE, for further streamlining the system, so as to ensure best
results for AICTE. The Contractor shall further be bound by and carry out the directions/instructions given to him by the Director (Admn.), AICTE, or the Officer designated by the Director (Admn.), AICTE, in this
respect from time to time. The contractor understands that the personnel required by the AICTE shall change from time to time and it shall
accordingly immediately, and not later than 3 (three) days of the intimation in this regard, disengage or furnish necessary personnel, as per the request of the Director (Admn.), AICTE, from time to time. The
Contractor undertakes that in case of request of disengagement of personnel as expressed by the Director (Admn.), AICTE, any claim or liability arising out of such disengagement shall be solely that of the
Contractor and the Contractor shall keep AICTE indemnified and harmless form nay claims, actions or losses arising out of any such
disengagement.
3. That the Director (Admn.), AICTE or any other person authorized by him
shall be at liberty to carry out surprise and/or periodical checks on the persons so deployed by the Contractor in order to ensure that persons deployed by him are doing their duties properly.
4. That in case the persons so deployed by the Contractor do not come up to the
mark or do not perform his/her duties properly or indulge in any unlawful activities or rioting or disorderly conduct, the Contractor shall immediately withdraw and take suitable action against such persons on the report of the Director (Admn.), AICTE. Further, the Contractor shall immediately replace the particular person so deployed on the demand of the Director (Admn.), AICTE, in case of any of the aforesaid acts on the part of such person.
5. The number of Skilled, Un-Skilled & Semi-Skilled manpower to be deployed will be purely need based. Therefore, the number of Contractor’s workers may increase or decrease as per AICTE’s
requirement from time to time. AICTE will be under no obligation to engage any specific number of Contractor’s worker during the period of contract.
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6. In case of any ambiguity or doubt in relation to interpretation of any clauses of the Service Agreement or Bank Guarantee, the interpretation of the AICTE of the particular clause shall be final and binding on the
parties.
B. CONTRACTOR’s OBLIGATIONS :
1. That the Contractor shall provide manpower in AICTE, New Delhi, and its Regional as well as at Camp Offices, as mentioned at Annexure-I.
2. That the Contractor shall submit the details i.e. Names,
Present/Permanent Residential Address, Age, Mobile No., Email Id. etc. with proof of identity of the persons deployed by the Contractor in AICTE for the purpose of proper identification of the employees of Contractor
deployed at various points/sections/divisions, along with Police verification. The Contractor shall issue identity cards bearing their photographs/identification, etc. and such employees shall display their
identity cards at all times of duty.
The Contractor shall deploy only medically and physically fit persons. The Contractor shall ensure that the persons are punctual and disciplined and remain vigilant in performance of their duty and that
they render loyal and workmen like service.
3. That the persons shall be exclusively deployed for duties in AICTE at any
given time.
4. That the Contractor shall comply with the applicable laws in force in India, including all the labour laws, including but not limited to the
provisions of the Contract Labour (Regulation & Abolition) Act, 1970, the Payment of Wages Act, 1936, The Employees’ Provident Fund and
Miscellaneous Provisions Act, 1952, the Payment of Bonus Act, 1965, the Minimum Wages Act, 1948, the Employer’s Liability Act, 1938, Employment of Children Act, 1938, as in force and applicable from time
to time, rules or regulation and/or any byelaws framed there under and/ or any statues and/or other rules, regulations and /or that may be applicable to the Contractor and /or AICTE and shall further keep AICTE
indemnified from all and against any and acts of omission or commission, faults, breaches and /or any claims, demands, losses,
injury and /or expenses arising out of or from the non-compliance of any statutory provisions. AICTE shall, without prejudice to any other right that it may have in this regard, be entitled to recover any such claims,
demands, losses, injury and /or expenses which it may suffer or incur form the Contractor’s monthly payments.
5. That the Contractor shall submit every month the proof of having deposited the amount of contribution claimed by him on account of ESI
& EPF towards the persons deployed at AICTE in their respective names before submitting the bill for the subsequent month. In case the Contractor fails to do so, the amount claimed towards ESI & EPF
contribution shall be withheld till submission of required documents.
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6. That the Contractor shall particularly abide by the provisions of Minimum Wages Act, 1948.
7. That the Contractor shall be required to maintain permanent attendance register at the premises of AICTE, which shall be open for inspection and checking by any authorized officers of AICTE.
8. AICTE shall record attendance of manpower engaged under this Contract preferably in the prescribed format under applicable rules for the
purpose in the register from 20th of previous month to 19th of corresponding/next month and a certificate of attendance will be
communicated to Contractor by 23rd of the month duly signed by the authorized officer of AICTE, so that Contractor can make the payment of Wages/OTA etc., on time, in compliance of the applicable law.
9. That the Contractor shall make the payment of wages, etc. to persons so deployed on or before 2nd of the month through ECS system, and raise its
bill by 5th of the month, and shall, on demand, furnish copies of wage register/details of payments etc.
10. The Contractor shall take all reasonable steps and precautions to prevent any unlawful, riotous or disorderly conduct or acts of his employees so
deployed with AICTE.
11. The Contractor shall in all dealings with the persons in his employment
have due regard to all recognized festivals, days of rest and religious or other customs. In the event of the Contractor committing a default or
breach of any of provisions of the Labour Laws, including the provisions of Contractor Labour (Regulation Abolition) Act, 1970 as amended from time to time, or furnishing any information, or submitting or filing any
statement under the provisions of the said Act, regulations and rules which is materially incorrect, it shall without prejudice to any other
liability, pay to AICTE such sum as may be claimed by AICTE.
12. The Manpower will avail holidays as per the holidays of AICTE. They can
avail a maximum of 2.5 days leave during each month, which can be availed by such Contractor’s employee seeking leave from the Contractor, who in turn will seek prior approval of the competent authority in AICTE,
and would be carried forward to the following months with in the tenure of the person.
13. Grant of maternity benefit to manpower would be given as per applicable Act/Rule, subject to the condition that AICTE would bear the
expenditure towards payment of wages for the period of Maternity Leave.
C. AICTE’s OBLIGATIONS :
1. That in consideration of the services being rendered by the Contractor, it shall be paid Minimum Wages, EPF, ESI, Service charges Bonus &
Service Tax each month etc. as per agreed amounts in terms of the successful bid. Payment shall be made by the 15th day of the month on
the basis of the bills raised by the Contractor and duly certified by the Officer designated by Director (Admn.) in this regard.
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2. That payment of account of enhancement/escalation charges on account of revision in wages or statutory payments by the appropriate Govt. (Govt. of India) from time to time shall be payable by the AICTE to the
Contractor.
3. That Director (Admn.) shall reimburse the amount of service tax, if any,
paid by the Contractor to the authorities on account of the service rendered by him. This reimbursement shall be admissible on production
of proof of deposit of the same by Contractor.
4. The security deposit will be refunded to the Contractor within one month
of the expiry of the Contract, on satisfactory completion of the contract.
D. INDEMNIFICATION
1. That the Contractor shall keep the AICTE indemnified against all claims whatsoever in respect of the employees deployed by the Contractor. In
case any employee of the Contractor so deployed enters in dispute of any nature whatsoever, it will be primarily the responsibility of the
Contractor to contest the same. In case AICTE is made party and is supposed to contest the case, AICTE will be reimbursed for the actual expenses incurred towards Counsel Fee and other expenses which shall
be paid in advance by the Contractor to AICTE on demand and without any protest or demur. Further, the Contractor shall ensure that no financial or any other liability comes on AICTE in this respect of any
nature whatsoever, and the Contractor shall keep AICTE indemnified in this respect.
2. The Contractor shall further keep the AICTE indemnified against any loss to the AICTE property and assets. The AICTE shall, in addition to any
other rights, have further right to adjust and/or deduct any of the amounts as aforesaid from the payments due to the Contractor under
this Contract.
E. PENALTIES / LIABILITIES
1. The Contractor shall be responsible for faithful compliance of the terms and conditions of this Agreement.
2. For the purpose of securing performance by the Contractor of all its obligations under this Agreement, the Contractor shall deliver to AICTE
an irrevocable and unconditional Bank Guarantee format prescribed in Schedule B for an amount equivalent to 10% of the total work order
value.
3. The Contractor agrees that in case of failure of the Contractor to adhere to the terms of
this Agreement, AICTE shall be entitled (in its sole and absolute discretion) to encash the Bank Guarantee and/or terminate the Agreement, without prejudice to any of its
other rights under that Agreement. It is clarified that any delay or forbearance from
time to time in exercising any rights available under the Agreement, including without
limitation the right to forthwith terminate the Agreement, shall not be deemed to be a
waiver of that right, and that AICTE shall be entitled to exercise such rights at any time
after the accrual of such rights.
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4. The Contractor acknowledges and agrees that in the event of AICTE terminating the Agreement on the ground of a breach by the Contractor of any of its obligations hereunder, AICTE shall be entitled to invoke and
encash the Bank Guarantee, collect all amounts under such Bank Guarantee and retain the sums to mitigate losses and damages that AICTE may suffer on account of such breach by the Contractor. Such
losses shall include, without limitations, any higher amount that AICTE has to pay to any third party for rendering the services that AICTE
receives under any fresh Agreement in connection with the services that were to be rendered under this Agreement.
5. The Contractor accepts that the recitals of this Clause E are not to be construed as a limitation of its liability under this Agreement and that the performance Bank Guarantee is in addition to and not in derogation
of any remedies or rights that AICTE may have under law against the Contractor for breach(es) committee by the Contractor.
F. COMMENCEMENT AND TERMINATION OF CONTRACT
1. The Agreement is initially valid for a period from ______ to _______ and can be extended subject to prior approval of the department.
2. AICTE can terminate this Agreement after giving notice of 30 days, if it considers that the services of manpower are not further required or even without assigning any reasons.
3. It shall be the duty of the Contractor to remove all the persons, deployed
by him, on termination of the Agreement, on any ground whatsoever and ensure that no person creates any disruption/hindrance/problem of any nature for AICTE.
G. ARBITRATION
1. In the event of any question, dispute/difference or claims arising under the Agreement or in connection herewith, the same shall be referred to
the sole arbitration of a person to be nominated by Member Secretary, AICTE.
2. The award of the arbitrator appointed by Member Secretary, AICTE, shall be final and binding on both the parties. In the event of such arbitrator to whom the matter is originally referred resigns or refuses to work or
neglects become unable to act for any reason whatsoever, the Member Secretary, AICTE, shall appoint another person to act as arbitrator in
place of the out-going arbitrator in accordance with the terms of this Agreement and the persons so appointed shall be entitled to proceed with the reference from the stage at which it was left by his predecessor.
3. The expression Member Secretary, AICTE, shall mean and include an acting/officiating Member Secretary.
4. The Arbitrator may give interim award(s) and/or directions, as may be
required.
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5. The seat of arbitration shall be at Delhi, and all arbitration proceedings shall be held at Delhi.
6. Subject to the aforesaid provisions, the Arbitration & Conciliation Act, 1996 or any statutory medication(s) therein, or re-enactment(s) thereof, and the rules made hereunder and any modification thereof from time to
time being in force shall be deemed to apply to the arbitration proceedings under this clause.
H. MISCELLANEOUS :
1. This Agreement represents the entire understanding and agreement between the parties hereto and supersedes any and all previous discussions, correspondence, understandings, communications and
negotiations whatsoever, (whether written or oral) between the parties with respect to the subject matter hereof.
2. No amendment, supplement, modification or waiver of any provision of this Agreement shall be effective, unless the same shall be in writing and
signed by the authorized signatory of the parties in the case of an amendment, supplement or modification, and by the authorized signatory of the waiving party, in the case of a waiver.
3. This Agreement shall be governed by and construed in accordance with the laws of India and subject to and in support of the dispute resolution
clause herein above, the parties hereto hereby submit to the exclusive jurisdiction of Delhi Courts, to the exclusion of all other Courts, in all
matters and claims relating thereto or arising there from and/or in any manner connected thereto.
4. If and in so far as any part or provision of this Agreement is or becomes void or unenforceable it shall be deemed not to be or never to have been
or formed part of this Agreement, and the remaining provisions of the Agreement shall continue in full force and effect. The parties shall meet to discuss the void and unenforceable provisions of this Agreement shall
continue in full force effect. The parties shall meet to discuss the void and unenforceable provisions and shall substitute therefore a lawful and enforceable provision, which so far as possible results in the same
economic effect.
5. The failure of AICTE to insist in any one or more instances upon the performance of any provisions of this Agreement shall not be construed as a waiver or relinquishment of its right to future performance of such
provision and the Contractor’s obligation in respect of such future performance shall continue in full force and effect.
6. Each party hereto represents and warrants to the other party that the signatories hereto for and on behalf of that party have been fully
empowered to execute the Agreement on its behalf and that all necessary action have been taken and all requisite approvals have been obtained to authorize such execution.
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7. Any notice given by either party hereunder shall be in writing and shall be sent by e-mail and /or by courier, to the addresses of the parties as set out herein below or to such other address(es) as may have been
notified by either party as its address for service of notices; PROVIDED THAT any notice or information sent by e-mail transmission shall be deemed to have been duly sent on the date of such transmission, so long
as a confirmation copy of it is sent by registered post acknowledgment due or speed post acknowledgment due, to that relevant parties at the
addresses referred to above, within twenty-four hours (24) after transmission.
Address for Notice of AICTE : E-mail : Postal Address : Attn :
Address for Notice of Contractor : E-mail : Postal Address :
Attn. :
8. Neither party shall be in default under this Agreement by reason of its failure to perform its obligations, if such failure to perform is the result of acts of God, Government Laws and Regulations, war or any other causes
beyond its control and without its fault or negligence, but in the case of the Contractor, the Contractor shall be in default of its obligations in
case of any protest, strike, lock-out or go-slow by any of its personnel.
9. The termination of this Agreement for any reason or cause shall be
without prejudice to the rights and obligations of the respective parties hereto accruing up to and including the date of termination.
IN WITNESS WHEREOF the parties hereto have signed these presents on the date, month and year first above written.
For and on behalf of Council For an on behalf of Contractor (WITH SEAL)
WITNESS WITNESS 1. 1.
2. 2.