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Rate contract for Data Entry Operator and Support Staff 2012 Government of Maharashtra Page 1 GOVERNMENT OF MAHARASHTRA DIRECTORATE OF INFORMATION TECHNOLOGY GENERAL ADMINISTRATION DEPARTMENT 7 th Floor, Mantralaya, Mumbai-400 032 DIT 2012/CR 88/39 Dated: 16 th June, 2012 Data entry operator and Support Staff To, Sr No. Type Order to be placed with companies 1 Data Entry Operator 1. GA Digital Web Word Pvt. Ltd. 2. S2 Infotech Pvt.Ltd. 3. Mahaonline Ltd. (restricted only to projects where it has developed software) 2 Support Staff 1. GA Digital Web Word Pvt. Ltd. 2. S2 Infotech Pvt.Ltd. Subject: Rate contract for supply of Data Entry Operator and Support Staff Valid till 15 th June 2013 Reference: Directorate of Information Technology Tender No: DIT 2012/CR 88/39 for supply of Data Entry Operator and Support Staff Dear Sir/Madam, You are hereby informed that the rate quoted by you with reference to the above tender for data entry operator and support staff specified in Schedules annexed has been accepted for the Maharashtra government rate contract. Description of type & prices are given in Schedule- A. The minimum education qualifications are given in Schedule- B. The terms & conditions as amended to date governing the rate contract is given in Schedule-C and the terms & conditions of the tender is given in Schedule- D. The rate contract and the scheduled annexed shall be sole repository of this rate contract transaction. Schedules annexed 1. Schedule - A Description of type & prices and details of companies 2. Schedule - B The minimum education qualifications 3. Schedule- C Terms & conditions of contract 4. Schedule- D Terms & conditions of tender Yours Sincerely, -Sd- Director IT GAD, Government of Maharashtra

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Page 1: Rate contract for Data Entry Operator and Support Staff Contracts/Ma… ·  · 2012-09-24Rate contract for Data Entry Operator and Support Staff 2012 ... Rate contract for Data Entry

Rate contract for Data Entry Operator and Support Staff 2012

Government of Maharashtra Page 1

GOVERNMENT OF MAHARASHTRA

DIRECTORATE OF INFORMATION TECHNOLOGY

GENERAL ADMINISTRATION DEPARTMENT

7th

Floor, Mantralaya, Mumbai-400 032

DIT 2012/CR 88/39 Dated: 16th

June, 2012

Data entry operator and Support Staff

To,

Sr No. Type Order to be placed with companies

1 Data Entry Operator 1. GA Digital Web Word Pvt. Ltd.

2. S2 Infotech Pvt.Ltd.

3. Mahaonline Ltd. (restricted only to

projects where it has developed software)

2 Support Staff 1. GA Digital Web Word Pvt. Ltd.

2. S2 Infotech Pvt.Ltd.

Subject: Rate contract for supply of Data Entry Operator and Support Staff – Valid till

15th

June 2013

Reference: Directorate of Information Technology Tender No: DIT 2012/CR 88/39 for

supply of Data Entry Operator and Support Staff

Dear Sir/Madam,

You are hereby informed that the rate quoted by you with reference to the above

tender for data entry operator and support staff specified in Schedules annexed has been

accepted for the Maharashtra government rate contract.

Description of type & prices are given in Schedule- A. The minimum education

qualifications are given in Schedule- B. The terms & conditions as amended to date

governing the rate contract is given in Schedule-C and the terms & conditions of the tender is

given in Schedule- D.

The rate contract and the scheduled annexed shall be sole repository of this rate

contract transaction.

Schedules annexed

1. Schedule - A Description of type & prices and details of companies

2. Schedule - B The minimum education qualifications

3. Schedule- C Terms & conditions of contract

4. Schedule- D Terms & conditions of tender

Yours Sincerely,

-Sd-

Director – IT

GAD, Government of Maharashtra

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Government of Maharashtra Page 2

Schedule- “A”

Description of Type & their Prices

Line Item Rate (in INR), inclusive of all taxes

For the Mumbai

Metropolitan

Region (MMR) *

For Pune & Pimpri

Chinchwad

Municipal Corp.

Area

Rest of

Maharashtra

Man-Month Rate for providing

data entry operators to Govt. of

Maharashtra (inclusive of all

taxes, cess, duties, Out of

Pocket and incidental expenses

etc.)

10030 9648 9219

Man-Month Rate for providing

support staff to Govt. of

Maharashtra (inclusive of all

taxes, cess, duties, Out of

Pocket and incidental expenses

etc.)

10609 10227 9798

* MMR = Mumbai, Navi Mumbai, Thane, Mira Bhayander, Vasai Virar, Ulhasnagar, Kalyan

Dombivali, Bhiwandi Nizampur Municipal Corporation and Alibag, Ambernath, Karjat, Khopoli,

Kulgaon Badlapur, Matheran, Panvel, Pen and Uran Municipal Councils

Company details

Name of

Company

GA Digital Web

Word

S2 Infotech Mahaonline

Postal Address G A Digital Web Word

(P) Ltd,

Office No. 117,

Mastermind – 1, Royal

Plams, Aarey Road,

Goregaon (E),

Mumbai- 400 065

S2 Infotech Pvt.Ltd.,

Process House,

Basement,

Kamala Mills, S. B.

Marg, Lower Parel,

Mumbai - 400013

Mahaonline

10th Floor, Godrej

Colesium, Sion (E),

Mumbai 400022

Contact Person 1 Naveen Jee Prasad Rajeev Wagh Saimbhi Harvinder

Mobile 9869840996 9619239736 9819862717

Email [email protected] rajeev.wagh@s2infote saimbhi.harvinder@mah

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Government of Maharashtra Page 3

nvn_prsd2012@yahoo.

in

ch.com aonline.gov.in

Contact Person 2 Garima Arora Vinay Karadi Satnam Sethi

Mobile 9911923618 9225222000 7738833330

Email [email protected]

om

vinay.karadi@s2infote

ch.com

Landline 022-28792018 022 - 6152 0028 022 – 42187000

Fax 022-28782018 022 – 6152 0002 022 – 24020507

Website NA http://www.s2infotech.

com/

http://www.mahaonline.

gov.in

Schedule –‘B’

Educational Qualification

Sl. No. Position Minimum Qualification

1 Data Entry Operator i. Graduate in any discipline from a

recognized college.

ii. Proficiency in Typing.

iii. Well versed with local language (Marathi)

iv. Good knowledge of computer - MS Office,

(Word, Excel and Power Point) or Open

Office functions.

2 Support Staff i. Diploma/Graduate in any discipline from a

recognized college/institute.

ii. Well versed with local language (Marathi)

iii. Good knowledge of computer - MS Office,

(Word, Excel and Power Point) or Open

Office functions, LAN, Internet browsing

and functions.

iv. Minimum two year experience in a reputed

organization.

Note: The Data entry operators and Support Staff should have experience of working with

software which can read out the data entry made so as to minimize the scope of error

Other Important Criteria

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1. The age of the personnel deployed by the Agency should be between 21-40 years.

2. The deployed personnel must be on the rolls of the Agency at the time of deployment

and no outsourcing shall be allowed under any circumstances.

3. Interviews shall be conducted by the department placing the Order of the candidates

before deploying them on the projects

4. Before placing any Order with the Vendors, the department must get their data

entry software validated by DIT to ensure compliance to e-Governance

standards, State e-Governance Policy and to ensure that various best practices

are incorporated into the software.

5. The personnel to be deployed must be paid salaries by the agency as per the

provisions of the Minimum Wages Act and any other applicable Acts. Also, all

payments made to the personnel should be mandatorily through banking channels

only. No cash payment to the personnel should be made under any

circumstances.

Schedule –‘C’

Terms and conditions governing the rate contract

1. DEFINITIONS

In this tender document and associated documentation, the following terms shall be

interpreted as indicated below:

a) "The Bidder" means the agency which bids or offers the goods and services

against this tender.

b) "The Purchaser" means Director, Directorate of Information Technology, G.A.D.,

Govt. of Maharashtra or any officer authorized by the Government of Maharashtra

to enter into the Rate Contract with the Vendor.

c) “T I d r/Buy r” y ff c r u r z d by G r of

Maharashtra to place an order for supply of goods and services under the Rate

Contract to the vendor.

d) “T V d r” means the successful bidder with whom the Purchaser enters into a

Rate Contract against this tender.

e) "The Contract" means an agreement entered into by the Purchaser with the vendor

by signing a contract form in a given format by the parties, including all the

attachments and appendices thereto, and all documents incorporated by reference

therein;

f) "The Contract Price" means the price payable to the Vendor under the contract for

the full and proper Performance of its contractual obligations;

g) "Services" means providing data entry and support staff and other obligations of

the Vendor covered under the Contract.

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h) “N c p c ” f ur /r fu c p y r d c d f

tender;

i) “N r p ” f ur fur c p f r f r

and manner required as per the tender documents or non-submission of tender offer

in given Forms / Pro forma or not following procedure mentioned in this tender or

any of required details or documents is missing or not clear or not submitted in the

prescribed format or non submission of tender fee on EMD.

j) “ T d r Sy ” G r f M r r ’ c r c d r

system listed at http://maharashtra.etenders.in

2. SIGNING OF CONTRACT

i. The vendor shall upon after selection of the successful bid execute an agreement

of contract within 7 days from issue of the letter of intent from DIT. In

exceptional circumstances, on request of the successful bidder in writing for

extension, Director (IT) reserves the right to grant an extension for appropriate

period after getting satisfied with the reasons given.

ii. In addition to terms and conditions being mentioned hereunder, all terms and

conditions of the RFP and corrigenda issued will also be applicable for the

contract.

iii. At the time of signing the agreement, the vendor shall submit Security Deposit for

required amount in the form of Bank Guarantee drawn on any Scheduled Bank in

favour of the Director, Directorate of Information Technology, GoM format given

in Annexure. Without this agreement will not be executed.

iv. There shall be an agreement signed by the Director - IT and the vendor.

v. On failure to execution of the agreement, EMDs furnished will be forfeited.

vi. Terms and conditions of the contract may vary from product to product and so

accordingly some changes may be done in the Terms and conditions of the

contract even at the time of signing the agreement. Draft terms and conditions for

the contract has been provided in this document.

3. SECURITY DEPOSIT

The vendor shall submit the security deposit of an amount as follows.

SR NO ITEM NAME AMOUNT IN `RUPEES

1 Data entry operator and

Support Staff 5,00,000/-

The security deposit should be valid for 12 months from the date of signing the

agreement. Security Deposit will be refunded after 2 months of the expiry of the rate

contract, after deducting the penal amount, if any, and on furnishing of indemnity bond.

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4. VALIDITY PERIOD OF THE CONTRACT

i. The Rate contract shall remain in force for 12 months from date of issue

ii. A supply order may be placed up to the last day of the currency of the rate

contract. Delivery date in the supply order need not necessarily fall within the last

date of the rate contract but it can go beyond it depending upon the terms of

delivery stipulated in the rate contract or in specifically agreed condition of

delivery in respect of particular purchase order.

iii. No extension of validity period of the rate contract itself is required when

deliveries against outstanding supply orders continue even after expiry of the

validity period. The rate contract will remain alive for purpose of delivery for all

the Work Orders issued during the tenure of the rate contract until deliveries have

been completed.

5. RESPONSIBILITIES OF VENDOR

i. The Vendor will be solely responsible for terms and conditions of the contract

ii. The responsibility of the Vendor under the contract will be to supply quality

service. Any action taken by the DIT in respect the quality of service shall be

challenged only by the Vendor.

iii. The service during the contract period shall be discharged only through the

Vendor and no outsourcing shall be allowed under any circumstances

iv. The responsibility of the vendor is to provide data entry operators and support

staff as per the requirements of the State Government. The vendor shall be

responsible for delay in providing manpower.

v. The vendor shall also be responsible for providing manpower only on the rolls of

the company.

6. TRANSFER & SUB- LETTING

The Vendor shall have no right to, give, bargain, sell, assign or sublet or

otherwise dispose of contract to a third party. The vendor c ’ outsource any

activities in the scope of work.

7. COMPLETENESS OF CONTRACT

i. The contract will be deemed as incomplete if the data entry and support staff

provided is not meeting the quality standards and not acceptable to the

indenter/buyer after conducting interview/ test /examination.

ii. In such an event, the supply will be termed as incomplete and it will not be

accepted and the Vendor would have to replace the said staff immediately.

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8. PROTECTION AGAINST RISK OF OBSOLESCENCE

i. During the validity period of the order, the Vendor shall keep training the

manpower provided as per the latest technology and software available

9. SUSPENSION & CANCELLATION OF RATE CONTRACT

i. The Rate Contract of the Vendor shall be suspended and the Vendor may be

blacklisted forthwith by the DIT without issuing notice on any of the following

circumstances/reasons:

a. On finding deviation in educational specification as given in Appendix

– B, in the supplied manpower, or

b. Violation of any condition of the tender/ contract or part of any

condition of the tender contract of RC, or

c. Deviation found in quality and quantity of the manpower supplied, or

d. If it is found that during the process of award of contract, fraudulence

was made by the bidder or the vendor if found to resort to the

fraudulent practice in getting supply order like offering incentive or

money.

ii. As stopping the supply of substandard manpower and taking appropriate action in

this regard is of an urgent and emergent nature required to protect the interest of

the Government, the Rate Contract of the concerned will be first suspended

without issuing any notice. However, before taking the final decision on the

matter, all concerned will be given reasonable opportunities to explain their stand.

After enquiry, if the vendor is found guilty, the Rate Contract of the concerned

vendor for the product in question will be cancelled and other appropriate legal

action shall also be initiated against all concerned.

iii. The aggrieved party against the order passed by the Director, IT, GoM may file an

appeal to the Secretary, IT, GoM within 30 days of passing the order. The

decision of the Secretary, IT, GoM shall be final and binding.

10. AMENDMENT

No provision of Contract shall be changed or modified in any way (including this

provision) either in whole or in part except by an instrument in writing made after the

date of this Contract and signed on behalf of all the parties and which expressly states

to amend the present Contract.

11. CORRUPT OR FRAUDULENT PRACTICES

The Purchaser requires that the Bidders under this tender should observe the highest

standards of ethics during the procurement and execution of such contracts. In

pursuance of this policy, the Purchaser defines the terms set forth as follows:

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i. “C rrup Pr c c ” ff r , , r c r c f y

of value to influence the action of the public official in the award of the RC,

procurement process or in contract execution;

ii. In the event of corrupt practice and fraudulence in addition to penal action as per

the terms and conditions of the contract, legal action shall also be initiated against

the concerned.

iii. “Fr udu pr c c ” r pr f f c order to influence

award of contract or a procurement process or a execution of a contract to the

detriment of the Purchaser, and includes collusive practice among Bidders (prior

to or after bid submission) designed to establish bid prices at artificial non-

competitive levels and to deprive the Purchaser of the benefits of the free and

open competition;

iv. The Purchaser will suspend the award of contract if prima-facie it is established

that the vendor had engaged in corrupt or fraudulent practices in competing for

the contract in question.

v. The Purchaser will declare a Bidder ineligible after giving opportunity of being

heard, either indefinitely or for a stated period of time, to be awarded a contract if

at any time it is found that the Bidder has engaged in corrupt and fraudulent

practices in competing for, or in executing, a contract.

12. RESOLUTION OF DISPUTES

i. The Indenter/buyer and the Vendor shall make every effort to resolve amicably,

by direct negotiation, any disagreement or dispute arising between them under or

in connection with the any of the or part of the terms and conditions of the

contract.

ii. If within thirty days from the commencement of such negotiations, the

Indenter/buyer and the Vendor have been unable to resolve dispute amicably,

either party may referred it for resolution to the Director, IT, GoM who will

decide it on merit.

iii. An appeal against the order passed by the Director, IT, GoM may be preferred to

the Secretary, IT, Government of Maharashtra as a sole arbitrator whose decision

shall be final and binding on both the parties.

iv. Vendor’ b u d r c r c w xc d pr c f r c

supplied to the Indenter/buyer.

13. LEGAL JURISDICTION

All legal disputes are subject to the jurisdiction of Civil Courts Mumbai only.

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14. INDEMNITY

Vendor shall indemnify, protect and save the Indenter/buyer against all claims, losses,

costs damages, expenses, action suits and other proceeding, resulting from

infringement of any patent, trademarks, copyrights etc. or such other statutory

infringements in respects of all services provided by him.

15. PUBLICITY

Any publicity by the vendor in which the name of the Indenter/buyer is to be used

should be done only with the explicit written permission of the Indenter/buyer. The

vendors shall not print RC at their own end. It will be seen as violation of the terms

and condition of the contract.

Schedule –‘D’

Instructions to Vendors & Buyers

1. VENDORS PLAN FOR OBTAINING ORDER

i. The vendor shall provide contact details of its authorized

representatives/managers located in the divisions Viz Mumbai / Pune / Nagpur /

Aurangabad / Nashik / Amravati. The details must include the contact person,

telephone numbers and the escalation matrix, who will collect the purchase order

and from whom enquiry about the supply can be made by the indenter/buyer. The

w b d p y d G M, W b f r d r’ / buy r’ c c

2. PURCHASE ORDER & PAYMENT RESPONSIBILITY

i. Selection of Vendor and type of resource included in the Rate Contract and

placing purchase order shall be discretion of the indenter/buyer, which cannot be

challenged by any vendor. Raising any objection by the vendor over the selection

of the agency and type of resource by the buyer shall amount to violation of the

terms & conditions of the contract for which vendor shall be liable for penal and

other appropriate actions

ii. The purchase order shall be placed directly by the authorized officer of the

respective departments/offices under the Government of Maharashtra, Local

Bodies, State Government, Undertakings etc in accordance with the existing

rules, procedures and GRs. The authority issuing purchase order shall be

responsible for making payments as per payment terms for the services rendered.

iii. The purchaser intends to provide an online PO system in the future for generating

the Purchase Orders and once such system is made available it would be

mandatory for the vendor to accept the POs raised from the system only. In case

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manual POs are accepted by the vendor no assurance regarding the payment

would be provided by the purchaser.

iv. The purchase order shall be issued exclusively in the name of the vendor and

payment shall also be made in the name of the vendor only. Purchase order

issued/received in different name or cheque issued in different name shall not be

taken as purchase under the Rate Contract.

v. The indenter/buyer shall mark a copy of the Purchase order to this Directorate.

The vendor shall submit a report to the DIT regarding execution of the said order.

Non submission on the part of vendor will be treated as violation of terms and

conditions of the contract.

vi. The report submitted to DIT shall include purchase order, corresponding number

of resource deployed and other such documents. The online PO system would

have provision to record the above mentioned information against respective PO

and once the system is made available it would be mandatory for the vendor to

record the information such system.

vii. Resources deployed without such reports to DIT shall be considered as violation

of the terms and conditions of the rate contracts and necessary action shall be

initiated against the Vendor.

viii. The vendor cannot delegate its rights to any institution to receive purchase order

or/and payment in its name. If it is found that they have appointed such

institution to receive order and payment in its name, the vendors name will be

removed from the Rate Contract list and such purchase will be treated as

purchase outside the Rate Contract.

ix. The vendor cannot refuse to provide the services as mentioned in the rate

contract. Refusal shall be violation of the term and condition of the contract and

vendor shall be liable for punishment to the extent of blacklisting of the vendor.

The nature and quantum of punishment shall be decided by the Director, IT,

GoM in accordance with the law. An appeal, within 30 days of the date of

passing order, can be preferred to the Secretary, IT whose decision will be final.

3. ACKNOWLEDGEMENT OF THE PURCHASE ORDER

i. The vendor shall accept Supply Order from the indenter/buyer against this

Contract. He shall examine the supply order(s) immediately on their receipt and

bring to the notice of officer placing the supply order, within 7 days of the receipt

of supply order, any discrepancy, with regard to the resources required for due

rectification. The letter should be sent by Registered Post. A.D. Meanwhile,

supply of manpower which are clear for acceptance should not be held up and

deployment be arranged by the date mutually agreed upon.

ii. Upon receipt of a Supply Order (S.O.), the vendor, within Seven (7) days,

intimate to the S.O. issuing authority, the timeline required to deploy the

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resouces.

iii. If the vendor is unable to supply the entire quantity of manpower required within

the time stipulated in the S.O. and intimate the time within which deployment of

manpower will be made by the vendor, the Officer placing the S.O. will notify his

acceptance of the Delivery Time offered by the vendor or negotiate until an

agreement is reached between the S.O. issuing Authority and the Vendor.

iv. If the Vendor fails to give such intimation within Seven (7) days, it will be taken

that the Vendor has agreed to supply the State Govt. the required number of

manpower within the Delivery Date Stipulated in the Purchase order.

v. In all cases, the Delivery Time as deemed to be accepted by the vendor or agreed

upon as aforesaid between him and the officer placing the Purchase Order shall

be deemed to be essence of the Contract and delivery must be completed not later

than such Date. If in any case, no agreement with respect to the Delivery Time is

reached between the Vendor and the Officer who has issued the Purchase Order,

it shall be lawful for such officer to withdraw the Purchase Order and the Vendor

shall have no claim in respect of such withdrawal(s).

4. GENERAL TERMS AND CONDITIONS

i. The Vendor shall not be allowed to transfer, assign, pledge or sub-contract its

rights and liabilities under this contract to any other agency without the prior

written consent of Secretary IT, Govt. of Maharashtra.

ii. The Vendor will be bound by the details furnished by him / her to Govt. of

Maharashtra while submitting the tender or at subsequent stage. In case, any of

such documents furnished by him/her is found to be false at any stage, it would

be deemed to be a breach of terms of contract making him / her liable for legal

action besides termination of contract.

iii. Govt. of Maharashtra reserves right to terminate the contract during the period

f r w k’ c vendor without assigning any reason.

5. LIABILITIES, CONTROL ETC. OF THE PERSONS DEPLOYED

i. The Vendor shall ensure that the individual manpower deployed to Govt. of

Maharashtra conforms to the technical specifications of age, educational and skill

qualifications prescribed in this Document.

ii. The individual manpower deployed to Govt. of Maharashtra will have to work out

of State Govt. premises/offices and will work according to State Govt. schedule

and timelines.

iii. The Vendor shall furnish the following documents in respect of the individual

manpower who will be deployed by it before the commencement of work:

i. List of persons deployed;

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ii. Bio-data of the persons along with the certificates in respect of

educational/professional qualifications etc.

iii. Attested copy of matriculation certificate containing date of birth or

any other certificate confirming the date of birth;

iv. Certificate of verification of antecedents of persons by local police

authority.

v. Detailed proof of identity like driving license, bank account details,

proof of residence and recent photograph of the personnel.

iv. The Vendor shall ensure that the personnel deployed are medically fit. The

Agency shall withdraw such employees who are not found medically suitable by

the office immediately on receipt of such a request.

v. The Agency shall provide Photo Identity Cards to the persons employed by

him/her for carrying out the work. The Photo Identity Cards shall be provided by

the Agency only. These cards are to be constantly displayed & their loss reported

immediately.

vi. The Vendor shall be responsible for proper conduct of his personnel in Govt. of

Maharashtra office premises. In case of any damage/ loss/theft etc. to the property

of Govt. of Maharashtra which is caused by the personnel deployed by the agency,

the agency will either be liable to make good the loss on the basis of the value of

the property as determined by Govt. of Maharashtra or the same could be

recovered from the performance guarantee/ monthly payments due to the Agency.

vii. The Vendor’ p r w rk u d b p , c rd , p d ff c ,

while handling the assigned work. In case, the person employed by the successful

Agency commits any act of omission/commission that amounts to misconduct/

indiscipline/incompetence, the successful Agency will be liable to take

appropriate disciplinary action against such persons, including their removal from

site of work, if required by Govt. of Maharashtra.

viii. The Vendor shall replace immediately any of its personnel who is found

unacceptable to Govt. of Maharashtra because of security risks, incompetence,

conflict of interest, improper conduct etc. upon receiving written notice from

Govt. of Maharashtra. The delay in providing a substitute beyond five working

days would attract a penalty @ Rs.100 per day on the service providing agency.

ix. The personnel deputed to Govt. of Maharashtra shall not be changed by the

agency in any circumstances unless there is a specific request for so from Govt. of

Maharashtra in writing.

x. The agency shall nominate a Co-ordinator/Project Manager who would be

responsible for immediate interaction with Govt. of Maharashtra so that optimal

services of the persons deployed by the agency could be availed without any

disruption.

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xi. The Vendor shall immediately provide a substitute in the event of any person

leaving the job due to his / her personal reasons. The delay in providing a

substitute beyond five working days would attract a penalty @ Rs.100 per day on

the service providing agency.

xii. It will be the responsibility of the Vendor to meet transportation, food, medical

and any other requirements in respect of the persons deployed and Govt. of

Maharashtra will have no liabilities in this regard.

xiii. For all intents and purposes, the Vendor b “E p y r” w he

meaning of different Labour Legislations in respect of manpower so employed

and deployed. The persons deployed by the agency with any department in Govt.

of Maharashtra shall not have claims any Master and Servant relationship against

Govt. of Maharashtra.

xiv. The Vendor shall be solely responsible for the redressal of grievances/ resolution

of disputes relating to person deployed. Govt. of Maharashtra shall, in no way, be

responsible for settlement of such issues whatsoever.

xv. Govt. of Maharashtra shall not be responsible for any financial or other injury to

any person deployed by service providing agency in the course of their performing

the functions/duties, or for payment towards any compensation.

xvi. The persons deployed by the vendor shall not claim nor shall be entitled to pay,

perks and other facilities admissible to regular/confirmed employees of Govt. of

Maharashtra during the currency or after expiry of the contract.

xvii. In case of termination of this contract on its expiry or otherwise, the persons

deployed by the Vendor shall not be entitled to and will have no claim for any

absorption in the regular/otherwise capacity in Govt. of Maharashtra.

6. LEGAL

i. The Vendor will be responsible for compliance of all statutory provisions relating

to Minimum Wages, Provident Fund, and Employees State Insurance etc. in

respect of the persons deployed by it.

ii. The Vendor shall also be liable for depositing all taxes, levies, Cess etc. on

account of service rendered by it to Govt. of Maharashtra to concerned tax

collection authorities from time to time as per extant rules and regulations on the

matter. In case, the Vendor fails to comply with any statutory/ taxation liability

under appropriate law, and as a result thereof Govt. of Maharashtra is put to any

loss/obligation, monetary or otherwise, Govt. of Maharashtra will deduct the same

from the monthly bills and or the Performance Security Deposit of the agency, to

the extent of the loss or obligation in monetary terms.

iii. The Vendor shall maintain all statutory registers under the Law. The agency shall

produce the same, on demand, to the concerned authority of Govt. of Maharashtra

or any other authority under Law.

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Rate contract for Data Entry Operator and Support Staff 2012

Government of Maharashtra Page 14

iv. The Tax Deduction at Source (T.D.S.) shall be made as per the provisions of

Income Tax Department, as amended from time to time and a certificate to this

effect shall be provided to the agency by Govt. of Maharashtra.

7. TERMS OF PAYMENT

i. The Vendor shall submit the monthly bills in triplicate enclosing the certificates as

mentioned in succeeding paras which shall be got duly certified by the officer in-

charge and the same shall be paid within 15 days thereof after making recovery if

any.

ii. The Tax Deduction at Source (T.D.S.) shall be made as per the provisions of

Income Tax Department, as amended from time to time and a certificate to this

effect shall be provided to the agency by Govt. of Maharashtra.

iii. The Vendor shall make regular and full payment of salaries and other payments as

due to its personnel deputed under service contract and furnish necessary proof

whenever required. The payment of personnel by the Agency would be made on

or before 7th of every month. In case 7th day being a holiday wages should be

paid on the preceding working day of the month.

iv. The vendor will ensure the remittance of the salary to the personnel deployed by

them in Govt. of Maharashtra through Bank Account and a copy of the bank

statement will be furnished to this office every month along with the bills.

v. Proof of challan/receipt issued by Regional Provident Fund Commissioner etc. for

the payment made towards applicable provident fund, ESIC and proof of payment

towards other statutory dues for previous months shall be submitted with the bills.

In case of any default, Govt. of Maharashtra will deduct the dues and release the

balance amount to the Agency.

vi. In case Govt. of Maharashtra receives any complaints regarding non-payment of

salaries to the personnel deployed in projects with Govt. of Maharashtra, the

amount payable to the employee will be recovered from the bills of Agency and

paid to such personnel.

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