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INDIAN INSTITUTE OF SCIENCE EDUCATION AND RESEARCH (IISER) BHOPAL

NOTICE INVITING TENDER

FOR

“Outsourcing of various Job Works / Tasks on Work Contract Basis through Deployment of

Manpower and Supervision at work spots of the Institute Works Department”

http://www.tenderwizard.com/IISERB

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II(A) and II(B).The following supporting documents should be uploaded in the technical bid: a) Attested copy of Certificate of Incorporation / Registration of agency; b) Work experience of similar work during last 3 years; c) Attested copy of the IT return filed for the last three years d) Annual turnover certificate of Chartered Accountant e) Attested Copy of ISO Certificate if available. f) Attested copy of ESI and EPF certificates; g) Attested copy of PAN card h) Attested copy of the GST registration certificate; i) Attested copy of Registration certificate under Contract Labour (Regulation & Abolition)

Act, 1970; j) Statutory Compliances as mentioned in Annexure - IV k) Declaration as prescribed in Annexure-V; l) Undertaking as prescribed in Annexure-VII; m) Power of Attorney / Board Resolution in favour of signatory of the Tender on behalf

of Tenderer.

Note1: The technical offer should not contain any price information. Contact person/office in case of any enquiry

a. For any technical information: Superintending Engineer IISER Bhopal Phone No.: 0755 2692340 Email: seiwd@iiserb.ac.in

b. For any commercial terms and condition: IWD Office IISER Bhopal, Bhopal Bypass Road, Bhauri, Bhopal-462066 Tel: 91-07552692351

EMD: An Earnest Money Deposit of Rs. 2,32,000/- (Rupees Two Lakh Thirty Two Thousand only) 50% of the EMD should be in the form of bank transfer (SBI I-Collect) a t t he campus b ranch o f SBI, I ISERB on ly. Bidders ma y v i s i t i f an y as s i s t ance requ i red” https://www.onlinesbi.com/sbicollect/icollecthome.htm” and remaining 50% EMD may be submitted in the form of FDR/TDR/BG valid for the bid validity period in favour of Director, IISER Bhopal along with the Techno Commercial bid. The Techno-commercial Bids must accompany details of EMD payment. Proof of EMD deposited must be uploaded with e-Tender .No interest shall be paid on Earnest money deposited.

Note 1: EMD will not accrue any interest Note 2: The bids not accompanied with earnest money shall be summarily rejected. Note 3: The EMD shall be returned to the unsuccessful bidders after the Notification of Award.

II- Financial Bid: Financial Bid is to be uploaded in the pro-forma prescribed at Annexure- XI

Evaluation of Bid:

a. Bids will be evaluated on Techno-commercial and Financial criteria. b. Financial Bids of only those bidders would be opened who qualify Techno-commercial

criteria in technical evaluation. c. Technical evaluation will be done by a Committee constituted by Director of the Institute

Note 1: The Director of the Institute reserves the right to annul all bids without assigning any reason

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Note 2: Overwriting or erasing in the bid documents shall render the same invalid. If unavoidable, all cuttings/over writings should be attested by the authorized signatory.

Note 3: The bids must contain the information as required in the format prescribed. The bids which do not contain the information as desired and are not supported by necessary documents will not be considered for evaluation.

C. INSTRUCTION TO TENDERES:

1. Term of Contract: Initially, the Agency / Service Provider/Agency will be entrusted the contract for a period of one year, which is extendable for maximum period of 3(1+2) years on satisfactory performance and compliance of terms of agreement. Subsequent extension will be at sole discretion of IISERB.

2. Validity of Bids: The bids shall be valid for a period of not less than 75 days after the deadline for submission of bids.

3. Performance Guarantee:

The Successful Agency within 15 days from the date of Notification of Award shall be required to submit Performance guarantee of Rs. 5,00,000/- (Rupees Five lakhs only) in the form of Bank Guarantee as prescribed at Annexure-VI or for the balance amount if the agency desires to get the EMD converted into Performance Guarantee.

The Bank Guarantee shall remain valid upto 90 days (03 months) after the contract is over and shall not accrue any interest

4. Signed Tender: The tender documents submitted by the tenderer (applicant agency) including Annexure / Addendums if any, shall be submitted with duly filled (financial offer) and signed on each page as token of having read the conditions and acceptance thereof.

5. Language of Tender: The tender prepared by the tenderer and all correspondence and documents relating to the tender exchanged between the tenderer and the Employer shall be in the English language.

6. Completely filled up integrity part placed at Annexure – VIII is to be enclosed.

D. QUALIFYING CRITERIA:

1. Profile of the bidder: The Service Provider/Agency/Agency should be registered with the appropriate registering authority. The registration of the Agency must be at least 03 years old.

2. The Service Provider/Agency should have at least (3) years of satisfactory experience of providing manpower(Professional Office Staff etc.) as mentioned in scope of work, in Govt./Semi Govt./Govt. Undertaking/ Educational Institutes/PSUs/other reputed establishment. The service providing agency must be in the business of providing manpower to various areas i.e. professionals like doctors, lawyers, civil and in electrical engineers, ancillary staff etc.

3. The minimum annual turnover of the Service Provider/Agency from the manpower providing business should at least be Rs. 116 lakh (Rupees One Hundred And Sixteen Lakh Only) during the last two years.

4. The Service Provider/Agency should be ISO 9001: 2008 certified entity.

5. The Service Provider/Agency shall not be having any civil suit/criminal case pending against its proprietor or any of its Directors (in the case of a Company) or having been earlier convicted on grounds of moral turpitude or for violation of laws in force.

6. The Service Provider/Agency should not have been blacklisted by any Govt/Semi Govt /Govt.

Undertaking/ University/other reputed establishment for any reason whatsoever.

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7. The Service Provider/Agency should have been registered with Employee State Insurance (“ESI”) and Employee Provident Fund (“EPF”) Authorities for depositing ESI and PF contributions.

8. The Service Provider/Agency should have been registered with GST Department and must be in

possession of Permanent Account Number (PAN).

9. The Service Provider/Agency should have a valid labour license from the Regional Labour Commissioner or any other statutory authority for specific number required for contract under Contract Labour (Regulation & Abolition) Act, 1970.

10. The Service Provider/Agency shall submit an undertaking in format as prescribed in Annexure VII for

acceptance of all terms and conditions mentioned in tender document.

11. The bidder should have positive net worth of Rs. 50 lacs or above as on last financial year i.e. 2018-19. Net worth statement duly certified by the CA must be submitted.

12. Bidders who meet the pre-qualifications/eligibility requirements would be considered as qualified to

move to the next stage of Technical and Financial evaluations.

13. Bidders found to be unsatisfactory past performance, corrupt, fraudulent or any other unethical business practices shall not be eligible. There should not be any complaint(s) related to default on account of not meeting statutory liabilities against the bidder, if any such complaint exists and comes to knowledge of the Institute during tender or any subsequent stages, appropriate action will be taken against the bidder.

14. Bidders having valid registration with NSIC/MSME for tendered item and value will be considered

for exemption from EMD amount as per extant rules.

15. In accordance with the Ministry of Finance Office Memorandum F 20/2/2014PPD(Pt) dated 25th

July 2016 the institute may relax condition of prior turnover and prior experience for startups and MSMEs subject to meeting of quality and technical specification on case to case basis

E. GENERAL TERMS AND CONDITIONS:

1. JOB WORK ORDER:

There shall be two categories of Job Works / Tasks- 1. Professional & Consultancy Work; 2. Office and Specialized Job Works; and,

a) The Institute shall raise the Job Work Order (“JWO”) as and when required by the Institute. b) The JWO shall indicate the manpower required to be deployed, the details/description of job

work/task, category of manpower, their educational qualification, duties/responsibilities and remuneration/salary/wages payable to them.

c) The expenditure incurred on advertisement for recruitment notice by the Service Provider/Agency/Agency on behalf of the institute in newspapers, electronic media etc. shall be reimbursed by the institute on submission of proof of documents/bills as specified by the institute.

d) On receipt of JWO the Agency shall recommend and provide profile of qualified persons for respective job work and shall facilitate the Institute to conduct the interview and select the best candidate.

e) Based on the qualification, past experience, and performance of candidate in interview the Institute may select the candidate for job work and decision of Institute will be final in this regard.

f) The Agency shall depute the selected candidate within 30 (thirty) days to Institute and execute the job work. Any personnel engaged after clearing the test, but subsequently not found to be suitable will be replaced by new personnel immediately.

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g) The personnel provided will be required to perform duties as assigned to them by the Institute authorities from time to time.

h) Any undue delay in providing/replacing the requisite manpower will be considered as breach of contract and will be dealt with accordingly. The delay by the Agency in providing a substitute beyond 2 (two) working days shall attract liquidated damages @Rs.500-1000 per day (per such case) as per cadre on the service providing agency, beside deduction in payment on pro-rata basis.

i) The personnel shall be available for work on all working days (Monday to Saturday) during office hours. However, depending upon the exigencies of work, the personnel may be required to work late beyond office hours or on holidays, for which manpower costs will be compensated as per rates approved by the Institute.

j) Depute a capable managerial level person to manage all day to day activities and liaison with Institute officials for manpower deployed at the Institute.

k) Provide details of grievance redressal mechanism and escalation matrix for handling issues related to manpower deployed at the Institute.

2. OBLIGATION OF AGENCY:

a) In addition to all such obligations as specifically mentioned in the Contract / Tender Documents, the Agency shall be under an obligation to fulfill all necessary obligations which may be incidental to or ancillary to the fulfillment of its obligations as per this Agreement, including but not limited to this Clause 2.

b) Every personnel deployed under this Contract by the Agency shall be the employee of said Agency and the personnel shall not claim any benefit/compensation/absorption/ regularization of services with the Institute under any provisions of laws in force. Undertaking from the personnel to this effect will be required to be submitted through the Agency to the Institute.

c) The Agency shall ensure that the personnel deployed under this contract shall maintain proper office decorum. They shall not disclose any secret official information to any unauthorized person.

d) The Service Provider/Agency/Agency has to provide the Photo Identity Cards to the persons employed by him/her for carrying out the work. These cards are to be constantly displayed, when on work& their loss to be reported immediately.

e) Institute shall not be liable for any loss, damage, theft, burglary or robbery of any personal belongings, equipment or vehicles of the personnel of the Service Provider/Agencies.

f) It will be the responsibilities of the service providing agencies to meet transportation, food, medical and any other requirements in respect of the persons deployed by it (Agency) and the Institute will have no liabilities in this regard at any stage.

g) The Agency shall be solely responsible for payment of remuneration/wages in compliance of all the statutory obligations as applicable including Minimum Wages Act, EPF Act. ESI etc., deduction and timely deposition of EPF, TDS (Income Tax), Professional Tax etc. on monthly remuneration payable to personnel and also complete the KYC of all employees and submit the acknowledgement of each employee.

h) The service provider shall conduct necessary verifications of antecedents of the personnel to be deployed to Institute and a certificate to this effect shall be submitted to the Institute in the form of an Affidavit.

i) The Agency shall be held responsible for any loss or damage to IISERB’s property on account of negligence or misconduct of any task worker deployed by the agency.

j) In case of any loss, theft, sabotage, etc. caused by or attributable to any of the personnel deployed by the Agency, the Institute shall have the right to claim damages from the Agency.

k) The personnel deployed by the agency except for those working on the minimum wages will be allowed 2.5 days paid holiday for each completed month and 08 Casual leave which will lapse at the end of the calendar year and not be allowed to carry forward to the next year.

l) The Agency will be required to furnish an Indemnity Bond as per Performa attached as Annexure - IX. m) Salary of a particular month will be disbursed by the Agency to its employees on last working day of

that month or 1st day of next month through bank accounts. A penalty of Rs.5,000/- per day shall be levied for any delay beyond 1th day of month except for reasons beyond control of agency.

n) Agency acknowledges and agrees that “Time is the Essence” in this Agreement and therefore, all timelines shall be strictly adhered to by the Agency. The Work shall proceed with due diligence

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until Final Completion.

3. COMPLIANCE: The Agency / Tenders shall be responsible for compliance with the provisions of all the applicable Labour Laws as may be applicable from time to time.

4. SUBCONTRACT:

The Agency shall not assign transfer, pledge or sub contract the services/work.

5. REMUNERATION TO TASK WORKERS:

The remuneration/fee/salary/wages of persons deployed (task worker) shall be as under: a) Professional & Consultancy Work- Remuneration / Fee shall be decided and fixed by IISERB b) Office and Specialized Job Works- Remuneration / Salary shall be decided and fixed by IISERB. c) Non Specialized Daily Wage Job Works- Wages / Labour Charges shall be as notified time to time by

Ministry of Labour and Employment, GOI under Minimum Wage Act. Remuneration/Wage/Salary so fixed shall be consolidated and inclusive of all allowances as well as weekly off pay. The agency will make payment to the staff on a monthly basis. Annual increase in wages / remuneration may be allowed after completion of one year of task/job assignment of a person and this will be on sole discretion of competent authority of the Institute.

6. TAX LIABILITY:

The Agency shall be liable to pay all taxes, duties, royalties, statutory minimum payments / contributions to be paid to and / or on behalf of the manpower supplied by the tenderer, overheads etc.

7. MODE OF PAYMENT:

a) Service Provider/Agency shall submit the bill in respect of particular month by second day of next month for release of payment along with duly verified attendance sheets, pay bill; proof of salary / remuneration paid and certified photocopies of payment towards EPF, ESI etc. and also complete the KYC of all employees and submit the acknowledgement of each employee.

b) All payments will be made on reimbursement basis and no advance shall be paid to the agency. c) Payment towards EPF/ESI will be released only after production of payment challans and declaration

that “No payment is due towards EPF/ESI in respect of persons deployed in Institute by agency”. d) Payment towards statutory liabilities as mentioned in the annexure IV (if applicable and agreed upon by

the Institute) will be made as and when due on reimbursement basis subject to the statutory liability of the Institute which is placed as Annexure – IV.

e) For the avoidance of doubt, it is clarified that if a Bill is not accompanied by the supporting documents / in the proforma prescribed or if the Bill is disputed for any reason by the Institute, then such amounts of the Running Account Bill shall not be due and payable by Institute, until the dispute is resolved, or the supporting documents have been provided by the Agency, as the case may be.

8. PAYMENT TO CONTRACT MANPOWER DEPLOYED BY CONTRACTOR:

(a) The Service Provider/Agency must have provision of providing insurance coverage to all outsourced employees deployed at IISER Bhopal as per details given below:-

i. Medical Insurance – Rs.3 Lakhs and not mandatory for those who are covered under ESIC.

ii. Accidental Coverage – Rs. 10 Lakhs

iii. Life/Term Insurance – Rs. 10 Lakhs

The institute shall reimburse cost of premium actually paid by the employee only upto approved ceiling on 12

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equal installment basis. The employee shall submit all necessary supporting documents at the time of submitting claims of insurance premiums for reimbursement.

The above provision are to take indemnity from any statutory claims attributable to work spot accidents/compensation claims to professional hazards ESIC and any maternity and medical claims etc. without any separate compensation against any claims in this regard.

(b) A computerized Monthly Payment Slip shall be issued to all contractors’ manpower at the time of monthly

payment. The Pay slip must bear the contract agency name & logo etc. (c) Attendance and daily activity details should be maintained in the Web based HRIS system provided by the

agency. (d) Pay Slip must also mention clearly the Name & ID of Contract manpower all the components for

payment and deductions separately. Besides, PF Account No, ESIC Account No, PF & ESI contribution by employer and all other relevant details must also be mentioned on the ‘Pay slip’.

(e) The payment shall be done on the basis of attendance certified by authorized user/ officials of IISERB as per contract rates, terms & conditions. The contractor shall also make payment for all statutory dues in time as per contract terms & conditions.

(f) The payment to Contract manpower deployed shall be done through Bank transfer. No charges for this shall be paid by the Institute.

(g) Contractor shall submit a copy of wages sheet showing monthly wages paid to its personnel along with the Bills.

(h) Contractor shall submit separate statement of disbursement regarding paid leave, showing complete details (like eligibility for leave, No of paid leave, amount etc.).

(i) The contractor shall submit each employee wise PF Code No. and ESI Code No. along with

respective amount to IISERB for all the Contract manpower deployed before claiming the Bills.

(j) The bills must be submitted along with:

i. List of employees with their date of engagement, Summary of attendance, Wage Sheet.

ii. PF deposit Challan for the previous month through E-Sewa and Electronic Challan Cum Return (ECR), attested by contractor, however contractor is requested to submit preferably current wage month Challan along with ECR as system is on-line.

iii. ESI deposit Challan for the previous month through E-Sewa and Electronic Monthly Contribution History details of all contract manpower, attested by contractor however contractor is requested to submit preferably current wage month Challan along with ECR as system is on-line.

iv. Details of PF remittance for the previous month for each of personnel deployed (first page of Form 6A prescribed under Employees PF & Misc Provision Act 1952).

v. At the time of payment, employee wise details of PF/ESI payment with code wise have to be furnished along with Challans.

vi. Previous month Acknowledgement’ copy of the ‘Return on Contributions’ for every contribution period on Form 6 of ESI Act within 15 days of the stipulated date for submission of return to ESI Authorities subject to change in Govt. notifications from time to time. It is recommended to file return through “On Line System” i.e. E-Sewa.

vii. Proof of payment to Contract manpower deployed for the month - Summarized statement of payment due and disbursed, Payment receipt duly signed by respective contract worker or certified by the Bank

viii. In the month of May of each year and at the time of conclusion of the contract, the contractor shall submit the documents on Form 12A, 6A, 3A under PF Act, pertaining to the full year (Previous Financial Year) subject to change from time to time Govt. notifications.

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ix. Declaration of the Contractor regarding compliance of EPF / ESIC and other laws as applicable from time to time.

x. Contractor should submit separate PF, ESI & GST challans against this contract (& not clubbed with other contracts/sites where contractor is supplying manpower) and also submit separate details of contract manpower deployed exclusively against the contract in order to facilitate easy linking and checking of bills.

xi. Any other document for meeting statutory/ contract requirement or as directed by officer-in- charge.

(k) The complete Bill with necessary documents must be submitted within a week of the payment to Contract

manpower deployed by the contractor for each month. (l) If bill submission is delayed, IISERB will not be responsible for making payments and contractor will be fully

responsible for all the consequences.

(m) The bills will be subject to checks/ verification by IISERB. The payment shall be made after satisfactory performance of work for the actual deployment as certified by end user department on attendance sheet. No payment shall be made to personnel not authorized to be deployed by IISERB. The decision of IISERB will be final in the matter.

(n) Any clarification sought by officer-in charge (OIC) pertaining to bill submitted will be clarified by contractor within 3 days. Otherwise the delay in payment will be attributed to the contractor and contractor will be fully responsible for all the consequences.

(o) The Institute shall be entitled to deduct in accordance with Applicable Law, Income Tax at source (TDS) or withholding tax or other deductions (as the case may be), from any payments made to the Contractor, and the amount so deducted shall be deemed to be a payment made to the Contractor. Client shall provide a certificate certifying the deduction so made.

(p) All the bank charges shall have to be borne by the contractor. PAN No. and GST registration number must be indicated in the bill.

9. TERMINATION: The Institute reserves the right to terminate the contract with a notice of 30 days to the Agency without assigning any reason. The Agency awarded the contract, if so desire, can terminate the contract by giving 3 (three) months’ notice. CONSEQUENCES OF TERMINATION Upon termination, the Agency shall either immediately, or upon the date specified in the notice of termination:

(a) cease to represent itself as a Tenderer of the Institute; (b) cease execution of all further Works, except for such Works as Institute may specify in the notice of

termination, which is in progress; 10. FORFEITURE OF DEPOSIT: I- Earnest Money Deposit:

a. In case the bidder to whom contract is awarded backs out, the EMD of Rs. 2,32,000/- of the Agency shall be forfeited.

II- Performance Guarantee: b. In case of breach of any terms & conditions attached to this agreement, The Performance Guarantee of

the Service Provider / Agency shall be liable to be forfeited besides annulment of this agreement. Successful bidder has to submit Performance Guarantee of Rs. 5,00,000/- within 15 days of issue the work order for the contract period +90 days, in form of a valid Bank Guarantee or for the balance amount if the agency desires to get the EMD converted into Performance Guarantee.

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11. ARBITRATION:

a) Any dispute, difference arising out of or in connection with the formation, performance, interpretation, nullification, termination or invalidation of this Agreement, in any manner whatsoever, shall be referred to a binding arbitration in accordance with The Arbitration and Conciliation Act, 1996 amended till date.

b) The arbitration proceedings shall be conducted by a Sole Arbitrator to be appointed by the Director of the Institute at the time of the dispute, whose award shall be reasoned and in writing and shall be final and binding on the Parties. The Arbitration proceedings shall be conducted in the English Language and the venue of arbitration shall invariably be at Bhopal.

c) Provided however, nothing contained in this Clause shall be deemed to prevent a party from approaching a Court of competent jurisdiction at Bhopal (Madhya Pradesh) for seeking interim relief prior to or pending arbitration.

12. GOVERNING LAW: This Contract agreement shall be governed by and construed in accordance with the laws of the India

and the courts of Madhya Pradesh shall have exclusive jurisdiction, since Agreement has been executed by the Parties in Bhopal (Madhya Pradesh).

The successful tenderer shall pay the stamp duty Rs.500/- or as revised by the District authorities from time to time.

13. FORCE MAJEURE: If at any time, during the continuance of this contract, the performance in whole or in part by either party,

of any obligation under this contract, shall be prevented or delayed by reason of any floods, explosions, epidemics, quarantine restriction, act of God omissions or acts of public authorities including changes in law, regulations or policies of the Government, or other regulatory authority acts which are beyond the control of any Party (hereinafter referred to as the “events”), provided notice of happenings of any such eventuality is given by either party to the other within 7 days from the date of occurrence thereof, neither party shall be due to reason of such event be entitled to terminate this contract nor shall either party have any such claim for damages against the other in respect of such non-performance or delay in performance. The operation of 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 Institute as to whether the operation have been so resumed or not shall be final and conclusive, provided further that if the performance in whole or in part of any obligation under his contract is prevented or delayed by reason of any such event for a period exceeding 90 days either party may at his option terminate the contract.

F. INTERPRETATION: a) Reference to the singular shall include reference to the plural and vice-versa and a reference to any gender

shall include a reference to the other genders, except where the context otherwise requires. b) The Notes included in different parts of Tender shall form part of the Tender and shall be strictly adhered to

by the Agency / Service Provider. c) The Schedules /Annexure to this Tender form part of this Tender and will be of full force and effect as

though they were expressly set out in the body of this Tender. The provisions of this Tender and the Schedules and Annexures hereto shall be interpreted harmoniously and only if the provisions of this Tender cannot be interpreted harmoniously with the Schedules or Annexures or vice-versa on account of inconsistencies or ambiguities then the provisions of this Tender shall prevail over the Schedules.

d) The Tender documents submitted by the Agency / Service Provider shall have binding force and shall be

considered as a legally constituted agreement for all references.

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e) Reference to Agency / Service Provider shall mean Tenderers irrespective of the identity of the entity. f) Reference to any law or regulation having force of law includes a reference to that law or regulation, as

from time to time, amended, modified, supplemented, extended or re-enacted.

g) The words "include" or "including" shall be deemed to be followed by "without limitation" or "but not limited to" whether or not they are followed by such phrases.

h) The preamble and the recitals shall form integral part of this Agreement.

G. TECHNICAL BID EVALUATION

The Institute shall follow two bid systems where the technical bid and financial bid shall be evaluated separately.

* Evaluation shall be done only on the basis of supporting documents submitted by the bidder along with technical bid for all above mentioned criteria. The bidder who qualified in the technical evaluation stage shall be intimated for opening of financial bids.

Marks

Max Score

S.No Technical Evaluation Criteria

(A)

(B)

1

Relevant experience of providing Technical / Professional manpower

(a) In any two IITs /IIMS /NIT /IISERs and similar level educational Institutions:

10 Marks/Each

20 Marks (b) In reputed Govt /Semi Govt / Pvt Companies/Organisations

05 Marks for each

2

HRIS solution

(a) Readily available & screen shots etc. provided:

10 Marks

10 Marks

(b) undertaking to deploy with at the time of Work Order:

05 Marks

3

Relevant experience of Senior Management (5 members) of agency

(a) >5 &<=10 Years:

5 Marks

10 Marks

(b) >11 &<=15 Years:

10 Marks

4

Positive net worth of the bidder(last financial year):

(a) 50 lacs to 100 lacs:

5 Marks 10 Marks

(b) More than 100 lacs:

10 Marks

5

ISO Certification

(a) less than or equal to 5 years: 5 Marks 10 Marks (b) 5-10 Years:

10 Marks 6

Average Audited Turnover in last 3 years

(a) More than 116 lacs & less than or equal to 5Crores:

10 Marks 20 Marks

(b) Above 5 Crores: 20 Marks

(a) Less than or equal to 5 Years:

5 Marks 10 Marks

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Annexure-I

(Description of Job Work / Services Required)

The details given here under are indicative only and the Institute reserves the right to change all and any as per the requirement of the institute. The tentative details of Job Work, Manpower required, their educational qualification, and remuneration payable by IISER during the period of the contract shall be as under:

I Professional Services: Engineers at different levels, clerical/audit/account staff having qualification and experience as prescribed by the Institute for these posts. II Minimum Wages Services

SR. NO

Name of the post TentativeNo.

Qualification Experience Salary

1. Professional categories

20 As prescribed by the Institute

As prescribed by the Institute

As approved by the Institute

2. Any other category (Highly Skilled/ Semiskilled/Unskilled)

02 As prescribed by the Institute

As prescribed by the Institute

As per Central Govt. Minimum Wages rates revised from time to time.

Job work Category I Professional Categories: Their salary structure, leave rules etc. shall be as per the decision of the Institute. They will be entitled for 2.5 days paid leave every month of contract service completed and 8 Casual Leave during the year. No leave encashment or carryover of leave for one calendar year to another is allowed.

Job work Category II Minimum wages employees: These category employees will be governed by minimum wages act for wages, leave rules and other statutory charges as applicable from time to time. The Institute shall not pay separately any amount towards allowances unless explicitly agreed upon by the institute. Statutory liabilities, whenever applicable and agreed upon by the institute shall be paid on re-imbursement basis only.

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Annexure – II

TECHNO-COMMERCIAL BID For Outsourcing of various Job Works / Tasks on Work Contract Basis through Deployment of Manpower and Supervision at work spots of the Institute Works Department at IISER Bhopal.

1. Name of Tendering Company with Registration No. & Date issued by appropriate authorities (Please enclose copy of certificate of registration)

2. Do you possess trade license issued by Competent Authorities in India? If so, please enclose a copy.

3. Name of Proprietor / Director

4. Furnish following particulars of the Registered Office

a. Complete Postal Address

b. Telephone No. c. Fax. No. d. E-Mail Address

5. Furnish following particulars of the Local Branch Office. (if any)

a. Complete Postal Address

b. Telephone No. c. Fax. No. d. E-Mail Address

6. PAN No. (Attach Attested Copy) 7. TIN No. (Attach Attested Copy)/GSTIN No. 8. If Manufacturer – Pl. attach the certificate of

Registration (If Authorised Dealer / Distributer – Pl. attach relevant certificate.)

9. Financial turnover for the three financial Years.(Please attach copy of certificate by Chartered Accountant in original )

Financial Year

Amount ( ` In Lakhs ) Remarks, if any

2017-18

2016-17

2015-16

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10.

Give details of the major clients – Educational Institutes/Universities, Government Departments, Research Organisations, to whom same type of services have been rendered by the bidder during the last five years in the following format.

Sl. Name & address of the No. of Purchase Order/Indent Amount `

client with details - person deployed No. & Date No Name of the contact

person,telephone no., Fax no., e-mail id

1

2

3 4 5

(If the space provided is insufficient, a separate sheet may be attached)

11. The agency should not have been black listed or banned by any Govt. Department, Government Organization, PSU, University, Autonomous Institute etc. A notarized certificate to this fact should be enclosed with techno-commercial bid as per Annex. V

12. Are you an ISO certified service provider? If so, please attach a copy of the certificate.

13. Please specify the minimum time required to provide the services from the date of receipt of the work Order

14. Additional information, if any (Attach separate sheet, if required)

(The Annexure II must be submitted in the given format on the website only)

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Annexure- II (A)

TECHNO-COMMERCIAL BID

DETAILS OF THE PROJECTS UNDERTAKEN BY THE AGENCY FOR A PERIOD OF LAST THREE YEARS

S.N

Name of the

project

Client name and address

Project location

Project period as

per contract

No. of team members positioned

Project value & No

of technical and professional Manpower provided

Start and end date

Brief description of project with

details of technical

manpower deployed

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Annexure- II(B)

TECHNO-COMMERCIAL BID The bidder who qualified in the technical evaluation stage shall be intimated for opening of financial bids.

Marks

Max Score

Mark Scored

S.No Technical Evaluation Criteria

(A)

(B) (Self-

Assessment) Total Score

(C) 1

Relevant experience of providing Technical / Professional manpower

(a) In any two IITs /IIMS /NIT /IISERs and similar level educational Institutions:

10 Marks/Each

20 Marks

(b) In reputed Govt /Semi Govt / Pvt Companies/Organisations

05 Marks for each

2

HRIS solution

(a) Readily available & screen shots etc. provided:

10 Marks

10 Marks

(b) undertaking to deploy with at the time of Work Order:

05 Marks

3

Relevant experience of Senior Management (5 members) of agency

(a) >5 &<=10 Years:

5 Marks

10

Marks

(b) >11 &<=15 Years:

10 Marks

4

Positive net worth of the bidder(last

financial year):

(a) 50 lacs to 100 lacs:

5 Marks 10

Marks

(b) More than 100 lacs:

10 Marks

5

ISO Certification

(a) less than or equal to 5

5 Marks 10

Marks

(b) 5-10 Years:

10 Marks

6

Average Audited Turnover in last 3 years

(b) More than 116 lacs & less than or equal to 5Crores:

10 Marks 20

Marks

(b) Above 5 Crores: 20 Marks

7

Numbers of years

in operation

(a) Less than or equal to 5 Years:

5 Marks

10 Marks

(b) More than 5 Years:

10 Marks

8

National presence( at least 5 States)

10 Marks

10 Marks

9

Total

100 Marks

19

Annexure – III

SPECIAL INSTRUCTIONS FOR TWO PART e-TENDER

1.1 MANNER AND METHOD FOR SUBMISSION OF TENDERS

1.1.1 All tenders in response to this invitation shall be submitted in Two Parts on the e-tendering website

i.e. www.tenderwizard.com/IISERB

(i) Part I (Techno-Commercial) (Bidders don’t need to send hard copies. All the documents shall

be submitted on e-tendering website only.)

(ii) Part II (Price needs to be uploaded in given format on the website. don’t submit the hard

copies of part II)

1.1.2 A. PART-I (TECHNO-COMMERCIAL) This part of the tender shall include/contain all technical

details, the commercial terms and conditions of contract for the supplies to be made and the services

to be rendered EXCLUDING ANY PRICE DETAILS THEREOF.

B. PART-II (PRICE) This part should contain only the prices for the services to be rendered.

1.2 TECHNICAL CLARIFICATIONS

1.2.1 After opening the Part-I (Techno-Commercial) of the tender, if it becomes necessary for the technical

authorities/user department to seek clarification from the tenderers, the same will be sought for from

the tenderers by the Technical authorities/user department, in such an event, the tenderer shall-

(i) Furnish all technical information/clarification to the concerned technical authority directly in

the sealed envelope to reach on or before the due date, and time fixed by the technical

authorities in an ordinary envelope indicating the Institute’s tender reference. If the

technical clarification/details sought for by the technical authorities from the tenderers do not

reach them on or before the due date and time fixed for its receipt, such tenders will be liable

for rejection at the discretion of the Institute.

1.3 OPENING OF TENDERS

1.3.1 Part-I (Techno-Commercial) of the tender will be opened at the first stage on the due date and

20

time indicated for opening in the tender notice. While the Part-II (Price) will be opened at the second

stage on the date and time as intimated after scrutiny of Part-I (Techno-Commercial).

1.3.2 While all the tenderers who submit tenders online on e-tendering website within the due date and

time specified for its receipt will be permitted to participate in the opening of Part-I (Techno-

Commercial) of the tender on the due date and time indicated in the tender inquiry, the

opening of the Part-II (Price) of the tender can be attended only by those tenderers whose tenders

are found to be technically suitable/acceptable to the Institute and to whom intimation thereof is

given by the Institute by Fax/Telegram, Letter, etc.

1.3.3 The tenders whose Techno-Commercial Part (Part-I) are found suitable/acceptable to the Institute,

will be given advance intimation by the Purchaser to enable such tenderers to depute

their representative to participate in the opening of the Part-II (Price) of the tender. The

technically unqualified tenderers will neither be given any intimation about the due date and

time for opening Part-II (Price) of the tender nor will they be permitted to participate in the opening

of the same. Part- II (Price) of the technically disqualified tenderers will not be opened.

Note:- 1.Part-I (Techno-Commercial) and Part-II (Price) should be uploaded and submitted on e-

tendering website i.e. www.tenderwizard.com/IISERB only.

Tenders not submitted on e-tendering website will be summarily rejected.

21

Statutory Compliances applicable on the Institute

Annexure IV

Sl No

Act/ Scheme

Limit/ Ceiling (in Rs.)

Provision on its applicability in the Act/ Rules

Institute Remarks on its applicability

1. Payment of Wages Act, 1936 (read with CLRA

Act, 1970)

24,200/- Section 1(4) read with Section 2(ii)(h):

Section 1(4):

It applies in the first instance to the payment of wages to persons employed in any factory, to persons employed (otherwise than in a factory) upon any railway by a railway administration or, either directly or through a sub- contractor, by a person fulfilling a contract with a railway administration [and to persons employed in an industrial or other establishment specified in sub-clauses (a) to (g) of clause (ii) of section 2.

Section 2(ii)(h)

any other establishment or class of establishments which the appropriate Government may, having regard to the nature thereof, the need for protection of persons employed therein and other relevant circumstances, specify, by notification in the Official Gazette.

As per records currently available with the Institute, no such notification as per Section 2(ii)(h) is issued under the Act till date. However, the same is subject to revision in case of future amendments/ notifications.

Further, as per section 21(4) of The Contract Labour (Regulation and Abolition) Act, 1970, the liability of principal employer is limited to pay 'wages' which can be recovered from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor. 'Wages' as per the definition of Payment of Wages Act, 1936: “wages” means all remuneration (whether by way of salary, allowances, or otherwise) expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes— (a) any remuneration payable under any award or settlement between the parties or order of a Court; (b) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period; (c) any additional remuneration payable under the terms of

22

employment (whether called a bonus or by any other name); (d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made; (e) any sum to which the person employed is entitled under any scheme framed under any law for the time being in force, but does not include— (1) any bonus (whether under a scheme of profit sharing or otherwise) which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or order of a Court;

2. Minimum Wages Act, 1948

Section 3(1)(a): Fixing of minimum rates of wages.- (1) The appropriate Government shall, in the manner hereinafter provided,-- (a) fix the minimum rates of wages payable to employees employed in an employment specified in Part I or Part II of the Schedule and in an employment added to either Part by notification under section 27:

As per records currently available with the Institute, educational institution is neither covered / listed under the part I and part II of the schedule nor has appropriate government passed any notification extending the provisions of the Act to employment in Educational Institutions.

However, the Institute being covered under the Act of Parliament and regulated by Government of India (Central Government) rules/ guidelines, the Institute shall pay the minimum wages as notified by the Government of India from time to time. Further, as per section 21(4) of The Contract Labour (Regulation and Abolition) Act, 1970, the liability of principal employer is limited to pay

23

'wages' which can be recovered from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor.

3. Employee Provident Fund (EPF)

Rs. 15,000/- (Salary = Basic + DA) (as per GoI prevalent notifications / rules / guidelines amended from time to time)

Section 1(1)(b): Short title, extent and application.- (1) This Act may be called the Employees‟ Provident Funds and Miscellaneous Provisions Act, 1952 (b) to any other establishment employing twenty or more persons or class of such establishments which the Central Government may, by notification in the Official Gazette, specify, in this behalf:

Applicable vide Ministry of Labour No. S.O. 986, dated the 19th February 1981, published in Part II, Section 3, sub-section (ii) of the Gazette of India, dated the 6th March 1982.

4. Employees' State Insurance Corporation (ESIC)

Rs. 21,000 /- (Salary = Basic + DA) (as per GoI prevalent notifications / rules / guidelines amended from time to time)

Section 1(4):

The appropriate Government may, in consultation with the Corporation and where the appropriate Government is a State Government, with the approval of the Central Government, after giving one month’s notice of its intention of so doing by notification in the Official Gazette, extend the provisions of this Act or any of them, to any other establishment, or class of establishments, industrial, commercial, agricultural or otherwise.

As per records currently available with the Institute, application of the Act is not extended over the Educational Institutions but since, the Institute is governed by the rules / regulations of Central Government and the scheme of ESIC and in view of the betterment of the outsourced employees, the ESIC shall be admissible. However, whenever the medical insurance or the cost of insurance is reimbursed the provision get substituted, in such cases.

24

shall stand extended to any such establishment or class of establishments within that part if the provisions have already been extended to similar establishment or class of establishments in another part of that State.

5. Payment of Bonus Act, 1965

Rs. 21,000/- (Basic + DA)

Bonus limit: Rs.7000 or the minimum wage for the scheduled employment

Section 32(v)(b): 32. Act not to apply to certain classes of employees. – Nothing in this Act shall apply to –

(v) employees employed by –

(b) universities and other educational institutions

Not applicable as per Section 32(v)(b) of Payment of Bonus Act, 1965.

Also, as per the provisions of CLRA Act read with the definition of wages as defined under Section 2(vi)(e)(1) of Payment of Wages Act, the Bonus is not a separate part of wages rather it is a separate provision under the Bonus Act made specifically. Therefore, it is not automatically applicable, on the principle employer.

6. Payment of Gratuity Act, 1972

N.A Section 4: Payment of Gratuity.- (1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years,- (a) on his superannuation, or (b) on his retirement or resignation, (c) on his death or disablement due to accident or disease.

Not Applicable, since the period of contract / service is not more than 5 (five) years. The contractor should deploy their employees at the Institute for the period of contract which shall be up to a maximum of 3 year as per GFR 2017 Rules and the employment of such employees shall be applicable for the contract period assigned which is co-terminus with the contract agreed upon and in any manner the tenure of the employee employed by the contractor shall not exceed 3 years, in relation to the principle employer.

25

7. Employee Compensation Act / Workmen Compensation Act

N.A Section 12 read with Section 2(d):

12. Contracting.- (1) Where any person (hereinafter in this section referred to as the principal) in the course of or for the purposes of his trade or business contracts with any other person (hereinafter in this section referred to as the contractor) for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the trade or business of the principal, the principal shall be liable to pay to any [employee] employed in the execution of the work any compensation which he would have been liable to pay if that [employee] had been immediately employed by him; and where compensation is claimed from the principal, this Act shall apply as if references to the principal were substituted for references to the employer except that the amount of compensation shall be calculated with reference to the wages of the [employee] under the employer by whom he is immediately employed. (2) Where the principal is liable to pay compensation under this section, he shall be entitled to be indemnified by the contractor, or any other person from whom the [employee] could h d

Applicable subject to the list of classes of employee deployed under the definition of 'employee' read with the Schedule II.

Also, the manpower agency shall mandatorily insure the life and health of each of its employee by way of taking requisite insurance policy.

The agency shall take the following insurance policies for their employee(s):

1. Life Insurance policy. 2. Health Insurance Policy 3. Accidental Policy.

Whenever such policies are provided and the workforce is covered under the said schemes, No separate claims for any compensation shall be admissible from the principle employer.

26

a contractor who is himself a principal is liable to pay compensation or to indemnify a principal under this section he shall be entitled to be indemnified by any person standing to him in the relation of a contractor from whom the *[employee] could have recovered compensation] and all questions as to the right to and the amount of any such indemnity shall, in default of agreement, be settled by the Commissioner. (3) Nothing in this section shall be construed as preventing a *[employee] from recovering compensation from the contractor instead of the principal. (4) This section shall not apply in any case where the accident occurred elsewhere that on, in or about the premises on which the principal has undertaken or usually undertakes, as the case may be, to execute the work or which are otherwise under his control or management.

Section 2(d)-

"employee" means a person, who is— (i) a railway servant as defined in clause (34) of section 2 of the Railways Act, 1989 (24 of 1989), not permanently employed in any administrative district or

27

employed in any such capacity as is specified in Schedule II; or (ii) (a) a master, seaman or other members of the crew of a ship, (b) a captain or other member of the crew of an aircraft, (c) a person recruited as driver, helper, mechanic, cleaner or in any other capacity in connection with a motor vehicle, (d) a person recruited for work abroad by a company, and who is employed outside India in any such capacity as is specified in Schedule II and the ship, aircraft or motor vehicle, or company, as the case may be, is registered in India; or (iii) employed in any such capacity as is specified in Schedule II, whether the contract of employment was made before or after the passing of this Act and whether such contract is expressed or implied, oral or 2 in writing; but does not include any person working in the capacity of a member of the Armed Forces of the Union; and any reference to any employee who has been injured shall, where the employee is dead, include a reference to his dependants or any of them;]

8. Maternity Benefits Act, 1961

NA Section 2(1): The section stipulates the application of the act to every establishment being a factory, mine or

The employees of any manpower agency / contractor covered under ESIC Scheme shall reap these benefits through the ESIC Scheme / respective scheme, hence, the employer or the

28

plantation including any such establishment belonging to Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances

Section 2(2): The section stipulates that nothing in this Act shall apply to any factory or establishment to which the provisions of the Employees’ State Insurance Act, 1948 (34 of 1948), apply for the time being.

principal employer is not directly responsible for any compensation or a paid leave during the period of maternity, subject to the provision mentioned under Section 5A of the MB Act read with Section 50 of the ESIC Act, 1948, and shall be covered under the ESIC provisions, wherever applicable.

Note: 1. It is mandatory for the manpower outsourcing agency to have all relevant statutory

registrations / licenses / certificates etc, under several laws for the purpose of carrying out / providing the manpower services to the Institute.

2. Beside the above statutory liabilities, the manpower agency shall adhere to and comply

with all labour laws in India that may be applicable to the employee(s) engaged by them. The sole responsibility of the same shall be of the manpower agency and any liability arising out of omission and/or commission of any statutory duty shall be on the account of the manpower agency alone.

3. No employer – employee relationship will be created between the Institute and the

employees engaged by the manpower agency.

4. The contractor / Service Provider/Agency has to ensure replacement / deployment of a suitable personnel for particular job work assigned to that post. Hence, any continuity of employment of a particular employee is strictly not in the purview of the Institute. Any consequent liability arising out of this context will be sole responsibility of the contractor alone.

29

Annexure- V

CERTIFICATE & DECLARATION

It has been certified that all information provided in tender form is true and correct to the best of my knowledge and belief. No forged / tampered document(s) are produced with tender form for gaining unlawful advantage. We understand that IISER, Bhopal is authorized to make enquiry to establish the facts claimed and obtain confidential reports from clients.

In case it is established that any information provided by us is false / misleading or in the

circumstances where it is found that we have made any wrong claims, we are liable for forfeiture of EMD/SD and or any penal action and other damages including withdrawal of all work / purchase orders being executed by us. Further IISER, Bhopal is also authorized to blacklist our firm/company/agency and debar us in participating in any tender/bid in future.

I / We assure the Institute that neither I / We nor any of my / our workers will do any act/s which

are improper / illegal during the execution in case the tender is awarded to us.

Neither I / We nor anybody on my / our behalf will indulge in any corrupt activities / practices in my / our dealing with the Institute.

Our Firm/ Company/ Agency is not been blacklisted or banned by any Govt. Department, PSU,

University, Autonomous Institute or Any other Govt. Organization.

Date Signature of the Tenderer

Place Stamp

Note: This certificate should be executed on duly notarized ` 100/- NJ Stamp Paper.

30

Annexure- VI

MODEL BANK GUARANTEE FORMAT FOR PERFORMANCE SECURITY

To

WHEREAS ………………………………………………………………………………………………. (name and address of the agency) (hereinafter called “the agency”) has undertaken, in pursuance of contract no………………………………………….. dated ………….to render services ……………………………………………………………………. (description of services) (herein after called “the contract”). AND WHEREAS it has been stipulated by you in the said contract that the agency shall furnish you with a bank guarantee by a scheduled commercial 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 agency such a bank guarantee; NOW THEREFORE we hereby affirm that we are guarantors and responsible to you, on behalf of the agency, 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 agency 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 agency 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 agency 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

31

Annexure - VII

Undertaking from the Bidder

From: To: The Director

M/s---------------------------------------------- IISER Bhopal

-------------------------------------------------- Bhopal- 462066

(Tenderer) SUB: "Bids Outsourcing of various Job Works / Tasks on Work Contract Basis through

Deployment of Manpower and Supervision at work spots of the Institute Works Department at IISER Bhopal” I/We hereby undertake that

I) We Have carefully examined the Tender Document; we offer our services for the aforesaid work in conformity with all the terms and conditions stated therein.

2) We enclose herewith Earnest Money Deposit for a value of Rs.5,00,000 (Rupees Five Lakhs) only, in the form of SBI I- Collect No.----------------- dated---------------

3) We certify that we have carefully read each and every condition and the scope of work given in the Bid document and having understood the same we confirm our acceptance without any condition or deviation.

4) We agree to keep the Bid valid for a period of 180 days from the date of opening of Bid and it shall remain binding on us and may be accepted at any time before the expiry of that period.

5) Should this Bid be accepted, we hereby agree to abide by and fulfill all terms and conditions of the Bid document and in default thereof, to forfeit the earnest money deposit absolutely.

6) Unless and until a formal contract is prepared and executed, this Tender Document together with written acceptance of tenderer thereof shall constitute a binding contract between IISER Bhopal and us.

Witness:

(Name & Address)

For and on behalf of Director (Seal & signature of the company)

Date: Name:

Seal:

(Signed scan copy to be submitted)

33

To, Executive Engineer IISER Bhopal

Sub: ………………………………………………………………………………………. Dear Sir,

I/We acknowledge that IISER Bhopal is committed to follow the principles thereof as enumerated in the Integrity Agreement enclosed with the tender/bid document.

I/We agree that the Notice Inviting Tender (NIT) is an invitation to offer made on the

condition that I/We will sign the enclosed integrity Agreement, which is an integral part of tender documents, failing which I/We will stand disqualified from the tendering process. I/We acknowledge that THE MAKING OF THE BID SHALL BE REGARDED AS AN UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the NIT.

I/We confirm acceptance and compliance with the Integrity Agreement in letter and spirit

and further agree that execution of the said Integrity Agreement shall be separate and distinct from the main contract, which will come into existence when tender/bid is finally accepted by IISER Bhopal. I/We acknowledge and accept the duration of the Integrity Agreement, which shall be in the line with Article 1 of the enclosed Integrity Agreement.

I/We acknowledge that in the event of my/our failure to sign and accept the Integrity

Agreement, while submitting the tender/bid, IISER Bhopal shall have unqualified, absolute and unfettered right to disqualify the tenderer/bidder and reject the tender/bid is accordance with terms and conditions of the tender/bid.

Yours faithfully

(Duly Authorised signatory of the Bidder)

34

To be signed by the bidder and same signatory competent / authorised to sign the relevant contract on behalf of IISER Bhopal.

INTEGRITY AGREEMENT

This Integrity Agreement is made at ............... on this ...........day of ......................................................................................................................... 20......

BETWEEN Director IISER Bhopal represented through Executive Engineer, IISER Bhopal, (Hereinafter referred as the institute, ‘Principal/Owner’, which expression shall unless repugnant to the meaning or context hereof include its successors and permitted assigns)

AND …………………………................................................................................................................................(Name and Address of the Individual/firm/Company) through .................................................................... (Hereinafter referred to as the (Details of duly authorized signatory) “Bidder/Contractor” and which expression shall unless repugnant to the meaning or context hereof include its successors and permitted assigns)

Preamble

WHEREAS the Principal / Owner has floated the Tender (NIT No. ....................................) (hereinafter referred to as “Tender/Bid”) and intends to award, under laid down organizational procedure, contract for………......................................................................................................... (Name of work) hereinafter referred to as the “Contract”.

AND WHEREAS the Principal/Owner values full compliance with all relevant laws of the land, rules, regulations, economic use of resources and of fairness/transparency in its relation with its Bidder(s) and Contractor(s).

AND WHEREAS to meet the purpose aforesaid both the parties have agreed to enter into this Integrity Agreement (hereinafter referred to as “Integrity Pact” or “Pact”), the terms and conditions of which shall also be read as integral part and parcel of the Tender/Bid documents and Contract between the parties. NOW, THEREFORE, in consideration of mutual covenants contained in this Pact, the parties hereby agree as follows and this Pact witnesses as under:

Article 1: Commitment of the Principal/Owner

1) The Principal/Owner commits itself to take all measures necessary to prevent corruption and to observe the following principles:

(a) No employee of the Principal/Owner, personally or through any of his/her family members, will in connection with the Tender, or the execution of the Contract, demand, take a promise for or accept, for self or third person, any material or immaterial benefit which the person is not legally entitled to.

(b) The Principal/Owner will, during the Tender process, treat all Bidder(s) with equity and reason. The Principal/Owner will before and during the Tender process, provide to all Bidder(s) the same information and will not provide to any Bidder(s) confidential / additional information through which the Bidder(s) could obtain an advantage in relation to the Tender process or the Contract

35

execution. (c) The Principal/Owner shall endeavour to exclude from the Tender process any person, whose

conduct in the past has been of biased nature. 2) If the Principal/Owner obtains information on the conduct of any of its employees which is a criminal

offence under the Indian Penal code (IPC)/Prevention of Corruption Act, 1988 (PC Act) or is in violation of the principles herein mentioned or if there be a substantive suspicion in this regard, the Principal/Owner will inform the Chief Vigilance Officer and in addition can also initiate disciplinary actions as per its internal laid down policies and procedures.

Article 2: Commitment of the Bidder(s)/Contractor(s)

1) It is required that each Bidder/Contractor (including their respective officers, employees and agents) adhere to the highest ethical standards, and report to the Government / Department all suspected acts of fraud or corruption or Coercion or Collusion of which it has knowledge or becomes aware, during the tendering process and throughout the negotiation or award of a contract.

2) The Bidder(s)/Contractor(s) commit himself to take all measures necessary to prevent corruption.

He commits himself to observe the following principles during his participation in the Tender process and during the Contract execution:

a) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm, offer,

promise or give to any of the Principal/Owner’s employees involved in the Tender process or execution of the Contract or to any third person any material or other benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the Tender process or during the execution of the Contract.

b) The Bidder(s)/Contractor(s) will not enter with other Bidder(s) into any undisclosed

agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to cartelize in the bidding process.

c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act. Further the Bidder(s)/Contract(s) will not use improperly, (for the purpose of competition or personal gain), or pass on to others, any information or documents provided by the Principal/Owner as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.

d) The Bidder(s)/Contractor(s) of foreign origin shall disclose the names and addresses of agents/representatives in India, if any. Similarly, Bidder(s)/Contractor(s) of Indian Nationality shall disclose names and addresses of foreign agents/representatives, if any. Either the Indian agent on behalf of the foreign principal or the foreign principal directly could bid in a tender but not both. Further, in cases where an agent participates in a tender on behalf of one manufacturer, he shall not be allowed to quote on behalf of another manufacturer along with the first manufacturer in a subsequent/parallel tender for the same item.

e) The Bidder(s)/Contractor(s) will, when presenting his bid, disclose (with each tender as

per proforma enclosed) any and all payments he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the Contract.

3) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory to such offences.

36

4) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm indulge in fraudulent practice means a willful misrepresentation or omission of facts or submission of fake/forged documents in order to induce public official to act in reliance thereof, with the purpose of obtaining unjust advantage by or causing damage to justified interest of others and/or to influence the procurement process to the detriment of the Government interests.

5) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm use

Coercive Practices (means the act of obtaining something, compelling an action or influencing a decision through intimidation, threat or the use of force directly or indirectly, where potential or actual injury may befall upon a person, his/ her reputation or property to influence their participation in the tendering process).

Article 3: Consequences of Breach Without prejudice to any rights that may be available to the Principal/Owner under law or the Contractor its established policies and laid down procedures, the Principal/Owner shall have the following rights in case of breach of this Integrity Pact by the Bidder(s)/Contractor(s) and the Bidder/ Contractor accepts and undertakes to respect and uphold the Principal/Owner’s absolute right:

1) If the Bidder(s)/Contractor(s), either before award or during execution of Contract has

committed a transgression through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/Owner after giving 14 days’ notice to the contractor shall have powers to disqualify the Bidder(s)/Contractor(s) from the Tender process or terminate/determine the Contract, if already executed or exclude the Bidder/Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be forever or for a limited period as decided by the Principal/Owner.

2) Forfeiture of EMD/ Performance Guarantee/ Performance Guarantee: If the

Principal/Owner has disqualified the Bidder(s) from the Tender process prior to the award of the Contract or terminated/determined the Contract or has accrued the right to terminate/determine the contract according to Article 3(1), the Principal/ Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Earnest Money Deposit, Performance Guarantee and Performance Guarantee of the Bidder/ Contractor.

3) Criminal Liability: If the Principal/Owner obtains knowledge of conduct of a Bidder or

Contractor, or of an employee or a representative or an associate of a bidder or Contractor which constitutes corruption within the meaning of Indian Penal code (IPC)/Prevention of Corruption Act, or if the Principal/Owner has substantive suspicion in this regard, the Principal/Owner will inform the same to law enforcing agencies for further investigation.

Article 4: Previous Transgression 1) The Bidder declares that no previous transgressions occurred in the last 5 years with any

other Company in any country confirming to the anticorruption approach or with Central

37

Government or State Government or any other Central/State Public Sector Enterprises in India that could justify his exclusion from the Tender process.

2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the

Tender process or action can be taken for banning of business dealings/ holiday listing of the Bidder/Contractor as deemed fit by the Principal/ Owner.

3) If the Bidder/Contractor can prove that he has resorted / recouped the damage caused by

him and has installed a suitable corruption prevention system, the Principal/Owner may, at its own discretion, revoke the exclusion prematurely.

Article 5: Equal Treatment of all Bidders/Contractors/Subcontractors

1) The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a commitment in conformity with this Integrity Pact. The Bidder/Contractor shall be responsible for any violation(s) of the principles laid down in this agreement/Pact by any of its Subcontractors/ sub- vendors.

2) The Principal/Owner will enter into Pacts on identical terms as this one with all Bidders

and Contractors. 3) The Principal/Owner will disqualify Bidders, who do not submit, the duly signed Pact

between the Principal/Owner and the bidder, along with the Tender or violate its provisions at any stage of the Tender process, from the Tender process.

Article 6- Duration of the Pact

This Pact begins when both the parties have legally signed it. It expires for the Contractor/Vendor 12 months after the completion of work under the contract or till the continuation of defect liability period, whichever is more and for all other bidders, till the Contract has been awarded. If any claim is made/lodged during the time, the same shall be binding and continue to be valid despite the lapse of this Pacts as specified above, unless it is discharged/determined by the Competent Authority, IISER Bhopal.

Article 7- Other Provisions 1) This Pact is subject to Indian Law, place of performance and jurisdiction is the

Headquarters of the Division of the Principal/Owner, who has floated the Tender.

2) Changes and supplements need to be made in writing. Side agreements have not been made.

3) If the Contractor is a partnership or a consortium, this Pact must be signed by all the partners or by one or more partner holding power of attorney signed by all partners and consortium members. In case of a Company, the Pact must be signed by a representative duly authorized by board resolution.

4) Should one or several provisions of this Pact turn out to be invalid; the remainder of this

Pact remains valid. In this case, the parties will strive to come to an agreement to their original intensions.

5) It is agreed term and condition that any dispute or difference arising between the parties

with regard to t he terms of this Integrity Agreement / Pact, any action taken by the Owner/Principal in accordance with this Integrity Agreement/ Pact or interpretation

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thereof shall not be subject to arbitration.

Article 8- LEGAL AND PRIOR RIGHTS

All rights and remedies of the parties hereto shall be in addition to all the other legal rights and remedies belonging to such parties under the Contract and/or law and the same shall be deemed to be cumulative and not alternative to such legal rights and remedies aforesaid. For the sake of brevity, both the Parties agree that this Integrity Pact will have precedence over the Tender/Contact documents with regard any of the provisions covered under this Integrity Pact. IN WITNESS WHEREOF the parties have signed and executed this Integrity Pact at the place and date first above mentioned in the presence of following witnesses: ............................................................... ................................................................. (For and on behalf of Principal/Owner) (For and on behalf of Bidder/Contractor) WITNESSES: 1. .............................................. 2. ............................................... (signature, name and address) (signature, name and address)

Place Date

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Annexure – IX

Indemnity Bond

We,………………………………………………..,having a registered office at……………………..………………………………, have entered into a contract with INDIAN INSTITUTE OF SCIENCE EDUCATION AND RESEARCH BHOPAL, vide contract dated …………………., to provide manpower on outsourcing basis at INDIAN INSTITUTE OF SCIENCE EDUCATION AND RESEARCH situated at Bhauri Bhopal. We do hereby indemnify and keep harmless, INDIAN INSTITUTE OF SCIENCE EDUCATION AND RESEARCH BHOPAL, at all times, whether during the continuation of the aforesaid contract and at any time thereafter, in respect of any claim, demand, compensation, liability, penalty, fines, interests, suits etc. of whatsoever nature made, all actions and proceedings taken against the Institute by any party, employee(s), or workman/woman provided by us, on account of any delay, default, lapse, error, or omission on our part, or of rules and regulations, as may be applicable under the said contract from time to time. We further undertake to indemnify and keep harmless, INDIAN INSTITUTE OF SCIENCE EDUCATION AND RESEARCH BHOPAL against any claim/compensation arising out of any non-payment or short payment of salaries, wages, overtime, or compensation by whatever name called and compensation and claims arising on account of any accident, injury, death, etc during the course of their engagement by us for the purpose of this contract, or no fulfillment of any obligation under any of the labour laws as applicable to the class of workers/employees engaged by us for the purpose of this contract. We further declare and agree that this Indemnity Bond is an unconditional and irrevocable undertaking by us and is not restrictive in any manner.

Signature of the authorized bidder with seal

(Signed scan copy to be submitted)

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CONTRACT FORM

Annexure – X

This AGREEMENT made the day of , 2019 between Indian Institute of Science Education and Research, Bhopal,(hereinafter called the Institute) and M/s___________________________________________ ____________________________address _____________________________________________________________(hereinafter called the Agency). WHEREAS the Institute is desirous to engage the Agency for providing manpower on service outsourcing basis and the Institute has accepted a bid by the Agency for the sum of (Contract price in words and figures, hereinafter called the Contract Price)

Now this agreement witnesses as follows:

1. In this agreement words and expressions shall have the same meaning as are respectively assigned to

them in the Conditions of Contract (Tender document) referred to. 2. The following documents shall deem to form and be read and construed as part of this Agreement viz:

a. Complete Tender Document b. The Agency’s notification of award.

3. In consideration of the payments to be made by the Institute to the Agency, the Agency hereby covenants with the Institute to provide the services in conformity in all respects with the provisions of the Contract.

4. The Institute covenants to pay the Agency in consideration of the services, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.

IN WITNESS WHEREOF the parties above named have executed these presents in the presence of

the Witnesses attesting hereunder on the dates and place mentioned herein below:

For and behalf of Agency For and on behalf of IISER, Bhopal

Signature of the authorized official Signature of the authorized official Name of the official Name of the authorized official Stamp/Seal of the Contractor Stamp/Seal of the Contractor WITNESSES: 1. (…………) 2. (…………)

(Signed scan copy to be submitted)

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INSTRUCTION TO THE AGENCY/BIDDERS:

The tender shall be accepted only through online e-tendering process and all details pertaining to the tender and guidelines for e-tendering are available on the website www.tenderwizard.com/IISERB.

Intending contractors needs to register themselves on the e-tendering website www.tenderwizard.com/IISERB to get the USER ID and PASSWORD by paying required registration fee (Annual & Non-Refundable) through e-payment only and completing the steps specified on above referred website.

Special Note: The price bid and other documents has to be Submitted separately online at www.tenderwizard.com/IISERB. The date of Submission of online Technical and Financial will be as per tender notice.

Requirement for Vendors:-

P.C. Connected with internet Registration with portal www.tenderwizard.com/IISERB

Class-III Digital signature certificate in the name of the company of the vendor is mandatory(in the name of the company who will be submitting the EMD & general information).this may be obtained by calling our helpdesk ( 09981783170 and 011-49424365).Bids will not be recorded without Digital signature Certificate.

Bidders will have to pay Tender Processing fee Rs. 885/- including GST (Non-Refundable) through e- payment in favour of M/S ITI Ltd.

Note: Please check the Digital Signature Certificate. For more details bidders may visit e-tendering portal and download the help manuals uploaded in the website.

Contact Person:-

Mr. Ranjit Kumar Ranjan Mob: 09981783170

Email: twhelpdesk674@gmail.com Mr.Nikhil Sanal Mob: 09650544776 Email: twhelpdesk673@gmail.com Help Desk No: 011-49424365