TENDER NOTICE FOR SECURITY SERVICES · 2015-03-16 · INDIAN STATISTICAL INSTITTE BANGALORE CENTRE 8TH MILE, MYSORE ROAD, RVCE POST BANGALORE – 560 059 TENDER NOTICE FOR SECURITY

INDIAN STATISTICAL INSTITTE

BANGALORE CENTRE 8TH MILE, MYSORE ROAD, RVCE POST

BANGALORE – 560 059

TENDER NOTICE

FOR

SECURITY SERVICES

Last date for receipt of Tender : Date 16th January, 2013 (upto 11.00 hrs.) Cost of Tender Document : Rs. 1000/- (Non-refundable)

INDIAN STATISTICAL INSTITUTE

Sealed Tender is hereby invited from the Experienced, Reputed, Financially Sound Society/Co-operative/Agency of Ex-servicemen having appropriate credentials for providing security services in the premises of Indian Statistical Institute including hostels, staff quarters and other areas on annual basis.

Interested agencies may collect the Tender documents from the Security Office of the Institute on payment of Rs.1,000/- (Rupees one thousand) only in the form of Demand Draft/Banker’s Cheque in favour of Indian Statistical Institute payable at Bangalore on all working days from 11:30 A.M. to 3:30 P.M.

Last date of collecting tender documents from ISI 8th January, 2013.

Last date of submission of tender documents 16th January, 2013 at 11:00 A.M.

Date of opening tender – 16th January, 2013 at 11.30 am

For details & downloading the tender documents, please visit our website: www.isibang.ac.in

Dy. Chief Executive (Administration)

INDIAN STATISTICAL INSTITUTE BANGALORE CENTRE

8TH MILE, MYSORE ROAD, RVCE POST BANGALORE – 560 059

Sealed tenders are invited from Experienced, Reputed, Financially Sound Society/Co-operative/Agency of ex-servicemen.

Interested parties may submit their tender on the prescribed tender form available at the

Institute’s Website at www.isibang.ac.in The tender documents along with the General Terms and Conditions may be downloaded

from the Institute’s Website till 4th January, 2013 or can be purchased from the Institute’s Security Office on all working days from 11:30 hrs. to 15:30 hrs. up to 4th January, 2013 against payment of Rs.1000/- (Rupees one thousand) only by Demand Draft/Banker’s Cheque in favour of Indian Statistical Institute payable at Bangalore.

The Management reserves the right to reject any or all applications without assigning any reasons thereof.

Dy. Chief Executive (Administration)



NOTICE INVITING TENDER Sealed tenders are invited (Non transferable) from Experienced, Reputed, Financially Sound Society/Co-operative/Agency of Ex-servicemen for providing the security services in the Institute premises including Hostels, Staff Quarters and other areas for a period of one year on the terms and conditions set out by this Institute. Tender papers can be obtained from the Security Office of the Institute on payment of Rs.1000/- (Rupees one thousand) only (non-refundable) by Demand Draft/Banker’s Cheque drawn in favour of Indian Statistical Institute, Bangalore between 11:30 A.M. and 3:30 P.M. on all working days from the date of publication of this advertisement until 4th January, 2013 The tender is to be submitted in Two-bid system i.e. Technical Bid and Commercial Bid in the prescribed FORM respectively in two separate sealed covers accordingly that are sealed inside a single envelop. Non compliance with the aforementioned condition will lead to rejection of the tender. The Technical Bid should be accompanied by requisite documents in support of satisfactory credentials and experience in performing job of similar nature (security services) in Govt./Semi-Govt./Autonomous Bodies/PSUs to the tune minimum of Rs. 30 laksh p.a. Income Tax clearance Certificate, Company Registration Certificate, Profession Tax Registration Certificate, IT Return at least for last 2 years and earnest money of Rs. 10,000/- (Rupees Ten thousand) only, in the form of Demand Draft/Banker’s Cheque drawn in favour of Indian Statistical Institute, Bangalore. The filled in tender document should reach the Institute on or before 16th January, 2013 by 11:00 A.M.

The Technical Bid will be opened on the same day at 11:30 A.M. in the presence of the interested tenderers if any. All the tenderers having requisite experience will have to demonstrate their expertise before a Technical Committee during their visit to working site. Based on the recommendation of the Technical Evaluation Committee, the Commercial Bids of the successful bidders will be opened subsequently in the presence of the interested tenderers with due intimation to the tenderers.

The earnest money so deposited will be refunded to the unsuccessful tenderers after finalization of the contract. Late, delayed, incomplete, unsigned tenders or tenders without requisite documents and EMD will not be accepted. The earnest money of the successful tenderers will be retained by the Institute and in addition to that he/they will have to deposit a sum of Rs. 50,000/- (Rupees Fifty thousand) only as performance guarantee. However, the Institute reserves the right to reject any or all of the tenders without assigning any reason whatever and the decision shall be final and binding on the tenderers. Dy. Chief Executive (Administration)

N.B. :- Downloaded tender forms are also acceptable against payment of Rs.1000/- (non-refundable) as cost of tender documents in the form of Demand Draft/Banker’s Cheque drawn in favour of Indian Statistical Institute, Bangalore which should be enclosed along with the filled in tender documents.

LETTER BY THE TENDERER (ON THE LETTER HEAD OF THE TENDERER)

SUB: TENDER FOR SECURITY SERVICES FOR 2013-2014

Last Date for Submission : Time :

To The Dy. Chief Executive (Administration) Indian Statistical Institute 8th Mile, Mysore Road RVCE Post Bangalore – 560 059 Dear Sir,

1. I/we, the undersigned having gone through the Tender Documents, understood the requirements and having read all the terms and conditions therein, submit the following tender documents: -

TECHNICAL BID: Following documents/annexures to be sealed in a separate envelop marked Technical Bid.

(a) Particulars of the tenderer (Annexure-I). (b) The information and instructions duly signed by me/us as token of having read and

understood the terms and conditions. (enclosed as Annexure-II). (c) Draft Agreement duly signed by me/us as token of having read and understood the

comments (enclosed as Annexure-III). (d) Joint inspection report to understand the job assignment for the contract (enclosed as

Annexure-IV). COMMERCIAL BID: Annexure – V should be sealed in a separate envelope.

2. My/our tender is valid for a period of 1 (one) year from the date of opening of Financial Bid. I/we are fully aware that no change in the rates or terms and conditions of the tender is permitted due to any reason. In case, I/we withdraw this tender before stipulated period, the Earnest Money Deposit and bills for already completed job shall stand forfeited.

3. To understand the duty of the security personnel & job responsibility of the proposed contract at the work place, I/We would visit the Institute premises and after duly understanding the above, submit the joint observation report as per enclosed format vide Annexure – IV, duly signed by me/us and the Institute Authority along with the technical bid of the tender. Otherwise the tender will be treated as cancelled.

I/we agree to engage qualified and trained staff fully conversant with the job and shall bear their

salaries, wages and perks. I/we will also adhere to all Labour Laws, Social Legislation or any law as required under the Laws of the Land.

4. I/we agree to abide by all the terms and conditions as contained in the Tender Documents as well as

the Agreement. I/we have understood that the conditional tender will be liable for rejection. Further, I/we have understood that the decision of the Management of the Institute is final and Management is not bound to accept the lowest or any other tender it may receive. Expenses incurred by the Tenderer in presenting or submitting this Tender or preparation etc will not be reimbursed/refunded in the event of rejection.

5. I/we agree to allow the committee from your institute to inspect my/our establishment/Office.

6. I/we agree that the Institute reserves the right to reject any or all tenders without assigning any reason thereof.

Signature of Authorized Signatory Address : Seal :

Dated: ____________ Tele. no(s) :

ANNEXURE-I



PARTICULARS OF THE TENDERER (ANNEXURE I OF THE TECHNICAL BID)

(PLEASE STRIKE OFF WHICHEVER IS NOT APPLICABLE)

1. Name of the Tenderer :

Son/Wife/Daughter of Shri

Age /Date of Birth

2. Name of the Firm/ Company : Permanent Address Registered Office (if any) Telephone No. (Office) (Residence) (Mobile) 3. Address of Co/Establishment/unit : 4. Yearly turn over of Business : (Should not be less than 50 lakhs) 5. Names and Address of the Bankers with :

account No.

6. Details of licenses :Tender should be :

submitted along with photocopies of of the following documents:

a. Valid Labour license for running Security Services. b. Incorporation Certificate under the Companies Act 1956/Societies Registration Act

1996/Proprietary/Partnership Act. c. Valid Professional Tax Registration certificate with No. d. Valid Provident Fund Registration certificate with No. e. Valid E.S.I. Registration with No. f. Valid Service Tax Registration No, if applicable. g. Valid Security License Registration (under Pvt. Security Agency Act 2008, Govt of Karnataka) with No. h. An earnest deposit Rs………………….. (refundable) by D.D. only in favour of “Indian Statistical

Institute”, payable at Bangalore. 7. Past Experience in the Trade :

(A brief certificates and certified copies of the credentials are to be enclosed)

8. Particulars of Income Tax, last Assessment :

with Permanent Account Number (photocopy of IT Return to be enclosed)

9. Balance Sheet of 2009-10, 2010-11 & 2011-12 : The Co/firm is required to be annex the

Financial turn over not less than Rs………………….)

10. Particulars of Earnest Money Deposit : (DD/ PO No: & Date) 11. Particulars of cost of tender documents, if : downloaded from website (DD/ PO No: & Date) 12. Form of the site observation report duly signed : jointly by the tenderer and Institute Authority

SIGNATURE OF THE TENDERER SEAL

ANNEXURE-II

Terms and Conditions for Security Services

ANNEXURE II OF THE TECHNICAL BID

1. Fresh sealed tenders under two-bid system (Technical and Commercial Bid in separate covers) are invited from the Society/Co-operative/Agency of ex-servicemen. The envelope should be superscribed “Tender for Security Services” with Tender Notice Number and should bear the name and address of the agency with phone and fax number.

2. On the due date only Technical Bids will be opened. After technical evaluation of bids, the

Commercial bid of only accepted Technical Bids will be opened – in presence of the tenderer for which separate intimation will be issued.

3. In case of any Govt. Holidays or undeclared holidays or strike on the opening date the

tender will be opened on the next working day at the same time and for this no information will be communicated separately.

4. The agencies must put their initial on each page submitted. All pages must be numbered

and a note of this should be mentioned on the covering letter. The Terms & Conditions duly signed should be attached with tender paper.

5. The E.M. of Rs. 10,000/- (Rupees Ten thousand) only in the shape of demand draft on any

nationalized bank in favour of “Indian Statistical Institute” should accompany the tender paper. Tender without EMD will be ignored straightway. The EMD without interest will be refunded to the unsuccessful renderers after finalization of tender. The earnest money of the successful tenderer will be retained and in addition to that he will have to deposit a sum of Rs. 50,000/- (Rupees Fifty thousan) only as performance guarantee.

6. The full EMD shall be forfeited in case of baking out of the offer before acceptance.

7. Terms & Conditions must be duly signed and seal should be put on appropriate places on

the tender paper.

8. Incomplete tenders and/or tenders received after due date and time will not be considered.

9. After receipt of tender paper, it will be presumed that the bidder has submitted the tender

paper after accepting the Terms & Conditions of the tender.

10. The tender should be submitted alongwith an affidavit from a Notary Public that they are not having any case pending against them anywhere.

11. *The agency must be incorporated under the companies Act 1956/Societies Registration Act 1960/Proprietary/Partnership Act (enclose copy).

12. The agency must have adequate experience in providing security for at least 2 years with

average deployment of 40 security personnel at any point of time (enclose copy).

13. The agency must have minimum average annual turnover of Rs. 75 lakhs (Enclose audited account by C.A).

14. *The agency must be in possession of Labour Licence for running security services (enclose copy).

15. *The agency should be licensed under (Pvt. Security Agency Act 2008, Govt of Karnataka).

16. The agency must have its EPF & ESI code numbers (enclose copy).

17. The agency must have its Income Tax PAN (enclose copy).

18. The agency must have its Service Tax Registration (enclose copy).

19. The ex-servicemen personnel of maximum age of 55 years who are mentally and physically

fit and not released on medical ground should only be deployed. Relevant discharge certificates have to be produced.

20. The ex-servicemen having fire-fighting experience should be preferred.

21. The security personnel will be on static or mobile duties depending upon the specific

needs and situations.

22. The uniform consisting of body dress, cap, socks, shoes, logo, rank badge and name plate should be provided by the agency to security personnel. Separate set of uniform suitable for various seasons and conditions must also be provided by the agency. Torch, overcoat, raincoat, jersey and lathi or bhala will be a part of uniform and would be provided by the agency.

23. The agency should clearly mention the additional rate the Institute need to pay for posting

licence gunman.

24. The agency will have to ensure payment of minimum wages as per Central Govt., PF, Gratuity, Bonus, Medical Benefit, Leaves etc. as applicable for the contract labour under Contract Labour Regulation and Abolition Act 1970 with its statutory modification and re-enactment from time to time.

25. The agency will have to make all the payment to the guards engaged by them in presence of

representative of the Institute.

26. The supervisor must of the rank of a JCO and should possess good leadership quality.

27. List of documents should be enclosed with Technical Bid as Annexure – I.

28. The rates are to be furnished in the Performa given in Annexure – II.

29. The wage rates of ex-servicemen /Guards/Supervisors should be quoted in words and figure. Correction and overwriting in rates will not be entertained.

30. Service charges should be mentioned separately (as percentage of total charges).

31. The successful bidder will have to furnish documentary details of contribution towards

EPF & ESI against personnel deployed at the Institute on quarterly basis failing which the contract may be terminated.

32. An agreement is to be signed with the Institute embodying all terms and conditions of the

tender before the order are placed by the Institute, after the receipt of acceptance letter from the Institute. The cost of the stamp papers of appropriate value shall be borne by the Contractor.

33. The contract will initially be for a period of one year which can be extended further subject

to the need of the Institute and satisfactory performance. In case of the services are not satisfactory, the contract will be terminated with seven days notice by the Institute. In case the agency wants to terminate the contract with the Institute they will have to give three month’s notice in advance.

34. In case of damage or loss of property or reputation of the Institute by the dishonest or

negligent action of the personnel engaged by the agency, the Institute will resume the right to terminate the agency or recover the amount from the pending bill of the agency.

35. The agency will cover all risk for security men engaged by them and also the cost of

compensation payable to security men.

36. In case of leave, absence, sickness or shortage of guards, person in replacement should be provided by the agency.

37. The Institute will issue necessary instruction from time to time to ensure its strict

compliance.

38. The Institute will not provide any medical and accommodation facility to the security personnel posted in the Institute.

39. Any security personnel found indisciplined drunken or under influence of any prohibited

drugs should be removed from the Institute campus immediately.

40. Security personnel will maintain 8 (eight) hours shift system covering 24 hours a day.

41. All deployed security personnel shall be under the Administrative control of the Institute during duty hours.

42. Payment will be made on monthly basis after submission of the bill within 30 (thirty) days supported by :

I(a) A copy of the attendance sheet duly authenticated by the Institute’s authority. I(b) The Contractor must furnish the copy of disbursement of minimum wages to the

personnel(s) employed by the Contractor after satisfactory completion of said Job and maintenance of all statutory requirements along with the certified copies of challan e.g. ESI, Provident Fund and other relevant documents thereof.

II. Any overpayment of the Contractor’s bills for the job under these terms and

conditions shall be recovered from the Contractor’s bills subsequently submitted for payment and if such over payments or any portion thereof or thereafter remitted by the Contractor the amount so recovered will be refunded to the Contractor. The Institute shall have the right to recover the overcharges, from the security deposit as well.

III. A statement showing details of amount deposited for individual employee under

the Contractor should be submitted every month/quarterly along with the bill in respect of ESI, PF and other statutory payments.

43. Income Tax as applicable shall be deducted from the monthly bill.

44. *All legal matters in respect to this tender will be subject to jurisdiction of Hon’ble High

Court at Bangalore.

There are numbers of buildings, gates and open area in the Indian Statistical Institute, Bangalore. However, the Institute desires to engage the security agencies in the following buildings, areas and gates.

SL.NO. FUNCTIONAL AREAS TIMINGS NATURE OF DUTIES

01 Main Gate 24 x 365 days Control of entire security setup. Controlling vehicle movements, inward/ outward movements of visitors and materials. Issue of gate pass and visitors pass. Telephone duties. Water pump operation. Switching on/ off of street lights and other lightings in the premises. Opening and closing of the gates. Maintenance of all relevant registers. Keeping vigil on the movements of the visitors and vehicles. Night Security patrolling. Any other works as per the requirements

02 Second Gate 24 x 365 days As mentioned above. In addition relieving duties. Controlling monkey menace. Any other works as per the requirements

03 Administrative Block 8 x 365 days Security night patrolling around administrative block, hostel buildings, worker’s canteen and other places as per the requirement. Switching on/ off of the lights in the abovementioned premises

04 Children park and residential areas

8 x 365 days Security night patrolling

ANNEXURE-V

(TO BE SUBMITTED IN A SEPARATE SEALED ENVELOPE)

01. Proposed number of Supervisor (JCO Rank) to

be deployed :-

02. Proposed number of Security Guard (Ex-serviceman) to be deployed :-

03. Proposed number of Security Guard (with firefighting experience) to be deployed :-

04. Proposed number of Gunman (Ex-serviceman) to be deployed :-

05. Break-up of Salary for Supervisor, Security Guard (Ex-serviceman), Security Guard (with firefighting experience) and the Gunman (by following Minimum Wage Act of Govt. of India) including EPF, ESI. (separate sheet may be enclosed stating the break-up of salary).

06. Service charges/Agency charges :-

07. Any other charges (please specify) :-

08. Service Tax :-

09. Total Cost (in figure) :- (in words) :-

10. Rebate in any (in figure) :- (in words) :-

11. Net amount (in figure) :- (in words) :-

Note :- Net amount should be inclusive of all taxes and levies as per Government stipulation. Rates quoted shall be firm and final.

Period of contract is for one year only and the same can be extended for further period on satisfactory performance at mutually agreeable terms.

Signature of the Tenderer with seal

ANNEXURE-IV

On the letter head of the tenderer

ANEXURE – IV

(OF THE TECHNICAL BID)

Certified that I/We Shri. ……………… on behalf of M/s. ……………….has visited the Indian Statistical Institute, Bangalore Centre, 8th Mile, Mysore Road, RVCE Post, Bangalore – 560 059, on dated ……………..to understand the duty of the security personnel, job responsibility and the work place.

I/We fully understand the entire responsibility regarding the security arrangement of the Institute and also do not have any doubt.

Signature of the Contractor with seal

Signature of the Institute’s authority with seal

ANNEXURE-III

ANNEXURE-III

(OF THE TECHNICAL BID)

DRAFT AGREEMENT

Indian Statistical Institute established by an Act of the Parliament, having its registered office at Bangalore

Centre, 8th Mile, Mysore Road, RVCE Post, Bangalore – 560 059, a Central Autonomous Body, working under the aegis of

the Ministry of Statistics & Programme Implementation, Government of India, being represented by its Director (which

term or expression shall unless otherwise excluded by or repugnant to the subject or context be deemed to mean and

include his administrators, legal representative, assign and successor in office) herein after for the sake of brevity

referred to as the Party of the First Part.

AND ------------------------------------------------------------------------------------------ (hereinafter referred to as Contractor)

which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include it

successors and assigns of the OTHER PART. Whereas the Institute desires to employ a contractor for providing the SECURITY SERVICES IN THE INSTITUTE PREMISES INCLUDING, HOSTELS AND STAFF QUARTERS AND OTHER AREAS, BUILDINGS AND INSTALLATIONS WITHIN THE PREMISES ON ANNUAL CONTRACT BASIS for which tenders have been accepted by the Institute. And M/S_______ has agreed to provide effective and proper security arrangement through deployment of necessary security force as decided by the Institute Authority and may be mutually agreed upon from time to time.

Now it is hereby agreed between the parties as follows:-

1. The Contract will commence from ______________ and shall remain in force [unless terminated earlier as provided hereinafter] for the period up to_________________. The Institute reserves the right to terminate the contract at any time and without arising any reason by giving to the contractor/supplier seven days notice in writing or its intention to do so and the contractor shall not be entitled for any compensation by the reasons of such termination.

2. The Contractor agrees to take total responsibility for the Security arrangements of the

Institute property under proper supervision. The Contractor shall deploy adequate numbers of guards/ supervisor as promised in the tender documents for satisfactory performance of the job.

The Contractor shall be responsible for performing all or any of the services detailed in and arising out of the contract as specified in the general terms & conditions of the tender documents, which is also made part of this agreement, without any additional remuneration or claim & without any demur.

3. The Contractor to provide the following number of workmen as detailed in this tender

document for smooth operation of security arrangements :

4. The Contractor agrees to provide the following areas/security points to be covered with security guards at each point as mentioned below under the terms of the contract with its sanction strength and will be liable for ensuring overall protection and security of the properties of the Institute both movable and immovable from theft, burglary, pilferage, sabotage, misappropriation, misuse, abuse, damage, destruction, loss, encroachment, illegal interference and any other act of nuisance against the interest of the Institute and any act of violation and infringement of the right and interest of the Institute by any individual, organization, group of people etc. in any way.

SL.NO. FUNCTIONAL AREAS TIMINGS NATURE OF DUTIES 01 Main Gate 24 x 365 days Control of entire security setup. Controlling

vehicle movements, inward/ outward movements of visitors and materials. Issue of gate pass and visitors pass. Telephone duties. Water pump operation. Switching on/ off of street lights and other lightings in the premises. Opening and closing of the gates maintenance of all relevant registers. Keeping vigil on the movements of the visitors and vehicles. Night Security patrolling. Any other works as per the requirements

02 Second Gate 24 x 365 days As mentioned above. In addition reliving duties. Controlling monkey menace. Any other works as per the requirements

03 Administrative Block 8 x 365 days Security night patrolling around administrative block, hostel buildings, worker’s canteen and other places as per the requirement. Switching on/ off of the lights in the abovementioned premises

04 Children park and residential areas

8 x 365 days Security night patrolling

During any function in the Institute, extra requirement of Security Guard/Supervisor may be deployed by the Contractor as per requisition / requirement of the Institute authority with additional charges to be paid as per rate to be indicated herein.

5. The Contractor agrees to provide staff during weekly off, holiday casual absence etc. to cover

area.

6. The Contractor agrees to rotate and change its manpower in every three/six months or as directed by the Institute authority to have a better output and co-ordination, including weekly change of duty hours & place of duty.

7. The Contractor agrees that in case of theft/pilferage/damage, or any kind of loss to the lapse on the part of the contractor the mode of indemnity to the Institute is to be stated clearly. The proportionate value of the loss of the Institute will be either paid by the Contractor or be deducted from monthly bill for the above reasons. In case of such incidents the personnel in that shift should be removed from the duty and Institute premises and would not be re deployed without the consent of the Institute Authority.

8. The Contractor clearly understands that he will not be provided with any residential

accommodation at the work place, transportation to work place. The Institute shall have no other liability whatsoever, except expressly provided under the contract.

9. The Contractor agrees that he shall be liable for non-compliance of the provisions of any acts,

laws, rules & regulation, any tax or any other existing act or status not here-in-specifically mentioned but having direct or indirect implication for persons engaged under this contract.

10. The Contractor agrees and understand that there is no employer employee, master or principal-agent relationship between the Institute and the Contractor and/or the Contractor’s employees in any manner whatsoever and the Contractor has to render services to the Institute as an Independent contractor.

11. The Contractor agrees that the total responsibility for the security arrangements of the

Institute’s properties as listed below scope of work are to be taken by him.

12. The Contractor agrees that the Guards and Supervisor on duty are required to wear neat uniform to be provided by the contractor and the cost of the uniform to be borne by the Contractor.

13. The Contractor agrees that the weekly/fortnightly duty chart of the security contingent has to

be made by the unit Supervisor and informed to the Security Officer/In-Charge Security or authorized person of the Institute before commencing of the next week.

14. The Contractor agrees that the shift report in every shift is required to be submitted by the

Security Supervisor on daily basis before the Security Officer/In-Charge, Security. Noncompliance of the same will attract the disciplinary action against the concerned supervisor.

15. The ex-servicemen personnel of maximum age of 55 years who are mentally and physically fit and

not released on medical ground should only be deployed. Relevant discharge certificates have to be produced.

16. The rate payable by the Institute for the said job is stated below.

The rate of minimum wages for security Guard is hererby considered in accordance with the notification/memo issued by the Government of India.

17. The Contractor agrees to inform identity of the manpower as deployed by him to the Institute with their area wise duty hours. In case of any lapse noticed in this regard the contract will be terminated without assigning any further reasons or notice. Proportionate amount will be deducted against absents as per rate fixed in this agreement.

18. The Contractor agrees to fulfill the entire statutory obligation in respect of said Contract. The

Contractor also agrees to fulfill all the provision of labour laws and rules all statutory obligations as required in the law of land. Institute will not take any liability in this matter and in case any breach in any/whole of the same; the sole responsibility will lie on Contractor only. The Contractor shall be responsible for settlement of any claim/dues in case of any of the Contractor’s employee sustaining injury or damages to any of the persons employed by the Contractor or his property within the premises of the Institute.

19. The Contractor agrees that the Institute authority to retain the Earnest money and the security deposit. In the event of the supplier committing any breach of the terms and conditions of the agreement, the Institute may without prejudice to the other rights and remedies are entitled to forfeit the earnest money/security deposit or any part thereof. In such event the Contractor shall pay in the same manner such additional sum immediately as he may be called upon by the Institute to pay so that the security deposit shall at all times during the continuance of these period, be for the same amount. On the expiration of the contract the earnest money/security deposit or part thereof to be refunded to the Contractor, without any interest.

20. The Contractor agrees to provide, furnish and deliver at the premises of Institute during the period of this contract the job and the articles of the nature and description specified in the general terms & conditions of the tender documents hereto annexed and made part of this agreement, subject to the conditions contained in the said schedule which shall be taken as part of this contract, in such number quantity and specified quality as may from time to time be required for and on behalf of the Institute by any officer duly authorized in this behalf at the rates and prices mentioned in the said schedule.

21. The Contractor agrees to fulfill all the statutory obligations in respect of said job Contract. The

Contractors must comply will all the provision of labour laws and rules and all statutory obligations as required in the law of land. Institute will not take any liability in this matter and in case of any breach in any / whole of the same; the sole responsibility will lie on Contractor only. The contractor further declares that all the persons engaged by him for Security are in his payroll and be paid by him only; the Institute will have no liability whatsoever; in this regard. Nothing under the contract shall confer any right or lie on the personnel of the contractor to claim any direct employment under the Institute or to be treated at any time as an employee of the Institute. All administrative and financial responsibilities/liabilities including those arising out of the acts/rules framed / to be framed by the Central / State Government or any other administrative notification of competent authority shall be borne by the Contractor.

22. The Contractor agrees that in case of breach of any of the conditions of this agreement and the

terms and conditions of the contract (AnnexureII), which shall form part of this agreement, the institute shall be at liberty to terminate this contract forthwith without prejudice to the right of the Institute to claim damages on account thereof and the contractor and his Security Personnel shall vacate the area of operation for this purpose on the expiry of such period, in the event of such termination of the contract, the refund of earnest deposit would be subject to deduction of any dues, penalties, other recoveries etc.

23. The Contractor must agrees to ensure the personnel engaged by him bears a good moral

character and in case of any breach in the discipline and decorum of the Institute the entire responsibility would be of Contractors and any expenditure out of such indiscipline behavior by his employee is to be borne by the Contractor. It will be mandatory in the part of Contractor to change every staff after a gap of three to six months.

24. The security services shall include inter alias the following services:-

Round the clock security and supervision of areas within Institute which are assigned to M/S__________________. Organizing most effective security so as to prevent pilferage of any property of the Institute, prevention of damage and/ or mischief to any property and/or commission of any offence concerning any property, men and inform the Institute about the commission or apprehension of any damage to the safety of the men and property and/or immovable properties of the institute. Gratuity, Bonus, Medical Benefit, Leave etc. as applicable as provided under the Contract Labour Regulation and Abolition Act 1970 with its statutory modification and re-enactment from time to time.

25. LIQUIDATE DAMAGE :-

The Contractor agrees that in case of loss of property of the Institute by theft or pilferage due to proved negligence (enquiry to be conducted jointly by a team of nominated officer of the Institute and nominated officer of Contractor), the Institute will be entitled to levy liquidate

damages/loss caused to the Institute. The decision of the Institute with regards to amount of damages will be binding and final on Contractor. In case of any dispute matter shall be referred to arbitration as per clause no. 41of the agreement.

26. The contractor agrees to supply/provide all necessary tools and equipments for satisfactory

performance of the job [e.g. Lathis, Whistles, Torch with dry cells, umbrella/raincoats and any other tools required for proper security arrangements] to each security personnel and the cost to be borne by the Contractor. The Contractor shall maintain First Aid facility for his employees.

27. The Contractor agrees not to assign the present contractor or any in any manner allow any other persons to interfere in the Management or performance thereof, without the written permission of the Institute.

28. The Contractor agrees that the Payment will be made on monthly basis after submission of the

bill supported by :

A Copy of the daily performance sheet duly authenticated by the Institute’s Security Officer. The Contractor must furnish a certificate of disbursement of minimum wages to the

personnel/s employed by the contractor with the signature of acceptance of the personnel deployed at the Institute.

Attested copies of challan & return in respect of payment of ESI, Provident Fund, and other relevant statutory obligations thereof.

29. The Contractor agrees that any over payment of the Contractor’s bills for the service made under

these terms and conditions shall be recovered from the Contractor’s bills subsequently submitted for payment and if such over payments or any portion thereof or thereafter remitted by the Contractor the amount so recovered will be refunded to the Contractor.

30. The Contractor agrees to submit the certified copy ESI employee’s card and EPF account numbers of the individual personnel at the Institute are required to be submitted by the contractor within a month from the date of contract.

31. It is mutually agreed that in the event of the contract being extended, the Management

reserves the right to call upon the contractors to continue the contract for another year in excess of the contracted period at the rates of the immediately preceding month provided such an extension is made before the next year’s tenders are accepted by the Institute and communicated to the concerned contractor(s). Similarly the Management reserves the right to defer this commencement of the contract period by three months.

32. The Agreement/Contract entered into shall initially remain valid for one year subject to

extension for further period on satisfactory service by the Contractor and on mutual agreement for such extension. However, the Contract shall be subject to Termination as per the provisions contained in the Termination Clause.

33. The Contract entered into shall be subject to Termination in case there is any violation of the

Terms and Conditions of the Contract, breach of condition, Trust, deviation from the conditions of the Contract, lack of Service and any other act of dissatisfaction by the Contractor. In such a case at the first instance the Institute shall cause a Notice upon the Contractor stating the matter of its dissatisfaction and asking them to show cause as to why their service shall not be suspended or terminated giving them seven day’s time to show-Cause. On receipt of Explanation in reply to such Notice from the Contractor the Institute shall consider the same and in case of such explanation being found not satisfactory the Institute shall be at liberty either to suspend the Service of the Contractor or to terminate the Contract. On the other hand the Contractor shall be at liberty to terminate the Contract without assigning any reason thereof with three month’s prior Notice. In such an event the Contractor and his workmen shall vacate the area of operation for his purpose on expiry of the period of Notice unless objected to by the Institute. In the event of such termination being effected the refund of Security Deposit would be subject to deduction of any dues, penalties and other recoveries etc.

34. ARBITRATION :-

1. In the event of either party failing to act in accordance with the provisions of this Agreements, the agreed party shall at the first instance try to settle the disputed points mutually and amicably, failing such attempt, the point in dispute shall be referred to Arbitration in accordance with the provisions of the Arbitration and Conciliation Act 1996 with its statutory modifications and reenactment from time to time. If however the Arbitrator declines to make any decisions or award on the point referred to him then the parties concern may take recourse to appropriate legal proceedings for necessary relief and redress as well as for settlement of disputes.

2. That the place of Arbitration at all time and for all purposes shall be at Calcutta, in the office of the first party situates at 203, B.T. Road, Kolkata – 700108 and for all legal purpose Hon’ble Calcutta High Court and the Ld. Court bellow of the same Jurisdiction shall have Authority to entertain and decide any such matter.

IN WITNESS WHERE OF The parties here to have signed these presents on the date, month and year first above written.

IN PRESENCE OF Signed and delivered by the above named contractor/supplier

1.

2.

IN WITENESS OF Signed and delivered by

1. Principal/Secretary, 2. Indian Statistical Institute