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1 Scooters India Limited Lucknow OPEN TENDER NOTIFICATION FOR PROVIDING THE MANPOWER (DRIVERS) FOR THE COMPANY‟S VEHICLES ON CONTRACTRef No.: SIL/ADMN./D/2016-18 Bid issue Date: 15.03.2016 Bid Due Date: 06.04.2016 Subject: Providing the Manpower (Drivers) for the Company‟s vehicles on contract Dear Sir, Sealed/ closed Tenders are invited for subject item under Two Bid system. The complete set of documents can also be downloaded from our website www.scootersindia.com. The tender document are available at the office of SM (Materials) and interested parties can obtain the same by paying a cost of Rs. 500/- (Rupees Five Hundred only ) in the form of Demand Draft in favour of Scooters India Limited payable at Lucknow. In case if the tender document is downloaded from website, Cost of tender document in the form of DD shall be deposited along with the duly filled-in Tender document. For relevant details please visit our website “www.scootersindia.com”. All subsequent Corrigendum /amendment shall be published only on website and not in newspaper. Hence, bidders are advised to always be in touch with our said website until the tender is finally opened. Tender Document contains following Annexure: 1. Annexure „A‟ - General Terms & Conditions governing this tender. 2. Annexure „B‟ - Special Terms and Conditions. 3. Annexure „C‟ - Scope of Work 4. Annexure „D‟ &‟E‟ - Part -A- Performa for Technical Bid along with Checklist. 5. Annexure „F‟ - Part- B Performa for Financial Bid. 6. Annexure „G‟ - Minimum Techno-Commercial Qualifying Conditions 7. Annexure „H‟ - Bid Evaluation Criteria 8. Annexure „I‟ - Integrity Pact Tenderers are requested to submit the Part A Technical Bid which comprising Performa for Technical Bid, checklist and Integrity Pact as per Annexure „D‟ Annexure „E‟ & Annexure „I‟ along with required supporting enclosures in a sealed/closed envelope, super scribed with remarks as:

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Scooters India Limited

Lucknow

OPEN TENDER NOTIFICATION FOR “PROVIDING THE MANPOWER (DRIVERS) FOR THE COMPANY‟S VEHICLES ON CONTRACT”

Ref No.: SIL/ADMN./D/2016-18 Bid issue Date: 15.03.2016

Bid Due Date: 06.04.2016

Subject: Providing the Manpower (Drivers) for the Company‟s vehicles on contract

Dear Sir, Sealed/ closed Tenders are invited for subject item under Two Bid system. The complete set of documents can also be downloaded from our website www.scootersindia.com. The tender document are available at the office of SM (Materials) and interested parties can obtain the same by paying a cost of Rs. 500/- (Rupees Five Hundred only ) in the form of Demand Draft in favour of Scooters India Limited payable at Lucknow. In case if the tender document is downloaded from website, Cost of tender document in the form of DD shall be deposited along with the duly filled-in Tender document. For relevant details please visit our website “www.scootersindia.com”. All subsequent Corrigendum /amendment shall be published only on website and not in newspaper. Hence, bidders are advised to always be in touch with our said website until the tender is finally opened.

Tender Document contains following Annexure:

1. Annexure „A‟ - General Terms & Conditions governing this tender. 2. Annexure „B‟ - Special Terms and Conditions.

3. Annexure „C‟ - Scope of Work

4. Annexure „D‟ &‟E‟ - Part -A- Performa for Technical Bid along with Checklist.

5. Annexure „F‟ - Part- B – Performa for Financial Bid.

6. Annexure „G‟ - Minimum Techno-Commercial Qualifying Conditions

7. Annexure „H‟ - Bid Evaluation Criteria

8. Annexure „I‟ - Integrity Pact Tenderers are requested to submit the Part A – Technical Bid which comprising Performa for Technical Bid, checklist and Integrity Pact as per Annexure „D‟ Annexure „E‟ & Annexure „I‟ along with required supporting enclosures in a sealed/closed envelope, super scribed with remarks as:

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3

INDEX

Sl.No. Content At

Page

1 General Terms & Conditions : Annexure „A‟ 4 – 10

2 Special Terms & Conditions : Annexure „B‟ 11-18

3 Scope of Work : Annexure „C‟ 19

4 Performa of Technical Bid : Annexure „D‟ 20-22

5 Check List : Annexure „E‟ 23

6 Price Bid Form : Annexure „F‟ 24

7 Minimum Qualifying Conditions : Annexure „G‟ 25

8 Bid Evaluation Criteria : Annexure „H‟ 26

9 Integrity Pact : Annexure „I‟ 27-32

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SCOOTERS INDIA LIMITED

ANNEXURE – „A‟

General Terms and Conditions of Enquiry & Contract for the Services

Sl. No

Particulars

1 SIL Means Scooters India Limited

2 Vendor/Supplier Means a Person or Firm or Company, to whom the order is addressed, for supply of services

3 Firm Price Quoted prices shall remain firm and fixed till complete execution of the order. In case firm price is not acceptable price variation (increase or decrease) formula, bench mark prices along with supporting documents only in the case of two bid system shall be furnished for consideration and approval of SIL, before opening of price bid.

4 Quotation The quotation and any order resulting from this enquiry shall be governed by these General Terms and Conditions of enquiry and contract for the supply of Services and the vendor quoting against this enquiry shall be deemed to have read and agreed to the same, unless specifically stipulates any different terms or conditions which subsequently agreed by SIL on specific case to case basis.

Sealed quotations with tenderer‟s distinctive seal, superscribing enquiry number, date and due date are to be submitted so as to reach on or before due date & time, addressed to Sr. Manager (Materials)Scooters India Limited, P.O. Sarojini Nagar, Lucknow 226 008, U.P.(India) In the case of Two-part bid, each inner cover shall clearly be labelled as a) Technical & Commercial Bid containing technical data/ drawings/ catalogues/ quality plans as applicable along with commercial terms and conditions & copy of the price bid with the price columns left blank (unpriced price bid), b) Price bid containing prices quotes as per scope of work. Installation and/or commissioning charges shall be spelt out in absolutely lucid terms, taking into account total charges, rather than quoting vaguely, such as charges per man-day or charges per engineer per day etc. If the price bid was found later to be different from the unpriced price bid in any way, the offer shall be rejected summarily.

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(Part of ANNEXURE- ‘A’)

5 Tender/Technical bid Opening: Unless specified otherwise, tenders/ technical bids will be opened on

appointed date and time as mentioned in the enquiry or as communicated changed date/time, if any, in the presence of such of those tenderers who may be present.

6 Delayed/ Late Tender: Any tender received after the due date shall be treated as late tenders and will not be considered.

7 Validity of Quotation: All quotations shall be kept open for acceptance for a period of ninety days from the date of opening of Tenders/ Technical bid and this shall be deemed to be an express condition of all quotations. The rates shall be quoted in both figures and in words. In the case of Two-part bid, the vendor should furnish technical clarifications, if any, within stipulated time mentioned, failing which, it will be construed that the vendor is not interested in the tender and SIL shall not consider the offer for further evaluation.

8 Revision of Price bid: In case there is any change in scope of work during technical evaluation, bidders shall be asked only the price implications for the amended portion and not the revised price for the entire offer. The original/price implications received shall be opened only on the date to be decided and the price implications are to be opened after technical evaluation and shall be intimated to the qualified bidder.

9 Price bid Opening: Unless specified otherwise in the enquiry, the Price bids of technically qualified vendors shall be opened with prior intimation in the presence of such of those tenderers who may be present.

10 Conformity to Specifications: The services should be of the best quality and shall be conforming to SIL specification/scope given in enquiry. Offers without details of specifications/ applicable catalogues will not be considered and are liable to be rejected. Values otherwise agreed upon by SIL, no deviation/amendment in services required could be made. Offers without undertakings which may be required will not be considered and liable to be rejected.

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(Part of ANNEXURE- ‘A’)

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Transportation: Unless otherwise agreed upon, transportation if involved up to the specified destination shall be in Vendor‟s scope.

12 Taxes and Duties: Unless specified otherwise in the enquiry. All Indian suppliers shall clearly mention Sales Tax/ VAT, Excise Duty, and Service Tax etc, if any, payable in addition to the quoted price and indicate applicable rates/ percentage, item-wise and will be paid only if Registration Number under State (TIN)/ Central Sales Tax or Service Tax is specifically mentioned in the Bill/Invoice. Vendors without a Sales Tax/VAT registration and Service Tax registration will not be considered.

13 Insurance: Adequate insurance including accidental insurance of the employees of the vendor shall be the responsibility of the vendor and SIL in no circumstances shall be liable for the same.

14 Terms of Payment: Payment will be made within 45 days after receipt, inspection and

acceptance of the services as per scope of work (and where involved, Erection and commissioning of services at SIL/Destination) by Crossed cheque and no Bank commission charges are admissible unless otherwise specified. The Cheque will be sent by registered post and SIL is in no way responsible if loss occurs due to delay by postal authorities and cheques falling into improper hands or through forgery or fraud. For foreign suppliers, the preferred payment term will be on site Draft basis and bank charges shall be to the respective accounts. In case supplier desires payment through e-transfer, the same should be specifically mentioned along with requisite details. If the vendors quoted terms are different from SIL standard payment terms, interest@ 2.5% plus SBI PLR per annum (or as indicated in the enquiry) will be loaded to the quoted prices for difference of payment period.

15 Bank charges Unless otherwise specified, in case of payment through bank, respective bank charges shall be to respective account.

16 Part / Split ordering: Vendor shall quote competitive price and best services for all the items

mentioned in the enquiry. SIL reserves the right to reject partial quotations. However, SIL reserves right to Order part of the item/ scope of work of the enquiry and split the order among qualified vendors.

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(Part of ANNEXURE- ‘A’)

17 Repeat order The service contract can be extended for a specified period as mentioned in the tender with mutual consent and prior approval of SIL at the same rates, terms and conditions as that in the initial order.

18 Performance : The services shall be subjected to inspection verification and

certification of the various parameters specified in Scope of work by authorised officer and also tests, if necessary, and the company decision regarding the acceptability of the services shall be final and binding on the vendors.

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Consequences of Failure to Deliver: For any deficiency / unsatisfactory services provided by contractor which is not in conformity to the scope of work mentioned in the tender and which may hamper SIL operations, a deduction of 1.0% of monthly compensation per day shall be made subject to maximum 10% of monthly compensation from their monthly bill or otherwise specifically mentioned in the specified terms & condition of the tender which shall supersede the condition on consequences of failure to deliver in the general condition.

20 Recovery of Dues: SIL shall recover any amount due from the vendor or any amount outstanding to the credit of the vendor with SIL and/or by legal action.

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Arbitration & Forum for Legal Proceedings: All disputes arising in connection with indigenous/foreign services shall be settled through arbitration held at Lucknow, U.P., India and arbitrator shall be appointed by C&MD, SIL. Any dispute whatsoever in any way arising out of or relating to a Purchase order shall be referred to Arbitration of the Chief Executive of Scooters India Limited. The Courts at Lucknow, U.P., India only shall have jurisdiction in respect of any suit or other legal proceeding arising from or relating to this contract. The rights and remedies of SIL stated in these General terms and conditions shall be in addition and supplemental to its rights and remedies under law and custom or usage of trade or business and shall in no way be deemed to limit, curtail, supersede or derogate from its said rights and remedies

22 Conflict among other Terms and Conditions In case of any conflict between these General Terms and Conditions or any other special or typed conditions agreed to for a particular Purchase order, the latter shall prevail to the extent applicable.

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(Part of ANNEXURE- ‘A’)

23 Non Assignments The Purchase order shall not be assigned by the vendor to any other party without prior written permission from SIL that too only in special circumstances.

24 Govt. Policy The existing policy of the Government of India with regard to Purchase Preference to Public Sector Enterprises or SMES shall be applicable

25 Control Regulations Vendor shall arrange for services as per scope of work in strict

conformity with the control regulations applicable and after obtaining permits and registration, if any, under the regulations in force from time to time.

26 Only those offers will be considered which are in line with Scooters India Limited (SIL) requirements and are unconditional.

27 SIL reserves the right to accept or reject any bid without assigning any reasons.

28 SIL reserves the right to call bidders for making technical presentation before finalizing the bids.

29 The Tender should be deposited in the tender box kept at the Administrative Building Scooters India Limited, Sarojini Nagar, and Lucknow or sent by Registered/ Courier only so as to reach on or before schedule time. The offer so received shall be opened in the office of the SM (Materials) or on any convenient subsequent date in the presence of tenderer / representatives who so ever like to be present.

30 No Email /Telegraphic /Fax quotation shall be accepted. Offers received after due date & time shall not be considered.

31 For all other Terms & conditions, if the offer is not confirming to the same, SIL at its discretion shall load the same and the loading pattern shall be intimated to the bidders before price bid opening. However SIL reserves the right to cancel a bid in case of non-acceptance of any terms and conditions finally arrived before price bid opening.

32 SIL reserves the right to issue addendum to tender documents to clarify, amend, modify, supplement or delete any conditions, clauses or terms stated. The addendum so issued shall form part of the original tender.

33 In case the offer is not accepted the tenderer shall not be entitled to claim any cost, charges, expenses incidental to or incurred by the tenderers in connection with the tender.

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(Part of ANNEXURE- ‘A’)

34 The tenderers shall have no right to issue addendum to tender document to clarify, amend, supplement or delete any of the conditions or clause or items stated there in.

35 Tenderers must ensure the following while submitting the tender:

(i) THAT EVERY PAGE OF TENDER DOCUMENT IS DULY SIGNED BY THE TENDERER BEFORE SUBMITTING THE TENDER.

(ii) THAT IN ALL CASES, RATES QUOTED AGAINST INDIVIDUAL ITEM/LOT IS/ ARE INVARIABLY QUOTED IN FIGURES AS WELL AS IN WORDS

(iii) The Quotation should be free from overwriting and erasures. Corrections and additions, if any, must be attested. Supplier should indicate in the quotation dimensions (Size), weight; rate etc., in the metric system unless the enquiry calls for different unit.

36 In case of any clarification regarding tender documents & Technical details, Party may visit SIL on any working day with prior appointment & contact SM (Malts).

37 Services provided shall be as per SIL schedule. Services schedule as decided by SIL shall be applicable.

38 Party to quote lead time; preferably lead time of 15 days from award of contract by SIL. Correct date of effecting services in the event of an order should be indicated in the offer.

39 Scope of work and scope of services is also enclosed separately.

40 EMD will be as per details indicated separately. Failure of the successful bidders to comply with conditions hereof would render him liable for rejection and in term forfeiture of Earnest Money Deposit (EMD) apart from any other actions the company may take action at its sole discretion.

41 Excise duty, if leviable, service tax etc., documents need to be given. Payment on this account shall be regulated against document only.

42 The party should give a certificate that they agree to the scope of work and services sought.

43 In case, any of the documents/ information furnished is found to be false/ forged, the action by SIL (i.e. inclusion of the firm in holiday list apart from other penal action) shall be binding.

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(Part of ANNEXURE- ‘A’)

44 Party should give following declarations: A) We, hereby certify that we have not been blacklisted by any

Public Sector Undertaking / Public Department. B) I have gone through the terms and conditions given in your

above tender form, is accepted and agreed by us.

45 Registration, if applicable under The Micro, Small Medium Enterprises Development Act, 2006 may be mentioned giving registration number and date. If not mentioned, it shall be construed that the vendor is not covered by the said Act.

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Force Majeure: If SIL or the vendor be prevented from discharging its or their obligation under their Agreement by reason of all acts of God including fire, earthquake, flood etc and other force majeure like war, violence, riots, lockout, strikes etc or on account of any other cause beyond SIL or the vendor‟s control and interfering with the execution of contract for services as scheduled, the time for delivery of services shall be postponed by the time or times during which delivery of services is prevented by any such causes as hereinabove mentioned.

N Provided that in the event of such delay exceeding 90 days, the party

other than the party which invokes the force majeure may, at their option, cancel this agreement by notice in writing to the other party in respect of the undelivered quantity of services without, however, any right against or being responsible to the other party for such cancellation.

R The party invoking force majeure shall, within 15 days of the occurrence

of force majeure causes, put the other party notice intimating the cessation of such causes. If force majeure condition continues beyond a period of six months, SIL or the vendors may at his option cancel this agreement by notice in writing to the other party in respect of the undelivered quantity of services without, however, any right against or being responsible to the other party for such cancellation.

47 Negotiations:- Vendor shall quote competitive price and best delivery to avoid negotiations.

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Ref No.: SIL/ADMN./D/2016-18

ANNEXURE - B

Special Terms and Conditions

1. Sealed tenders are invited for providing Manpower for driving services at Scooters India Limited, Sarojini Nagar Lucknow-226008, initially for a period of two years. The term can be further extended for further period of two years on mutual agreement by parties on same terms and conditions.

2. It must be ensured that the tenders must reach addressed to the Sr. Manager

(Materials) Scooters India Limited, Sarojini Nagar Lucknow-226008 and deposited in the tender box kept in the Administration Block latest by 2:30pm on dated………..….. with the envelop clearly super scribed as “Tender for Providing the Manpower (Drivers) for the company‟s vehicles on contract”. The tender received after the due date will not be entertained. The tender will be opened on same date at 3:30 pm.

3. The decision of Chairman & Managing Director will be final and binding on all parties in case of any dispute.

4. Wages to be paid to the contractual Manpower will not be less than that as per the notification of Ministry of Labour & Employment, Office of the Dy. Chief Labour Commissioner (Central), Kanpur as issued from time to time. The tendering agency shall be responsible for compliance of all statutory provisions relating to minimum wages, EPF, ESI in respect of personnel deployed by it to SIL during whole period of contract. All such statutory requirements must be incorporated while quoting the rates. Any changes in statutory requirements from time to time shall be borne by the Service Provider only.

5. Bidders (Service Provider) shall undertake to comply with all statutory

provisions required for such services to be provided including Minimum Wages Act, EPF, ESI, Bonus, etc. as required under law and shall indemnify SIL from all libels/suits/litigations etc.

6. The service provider shall take all responsibility and obligation for providing Security/ Insurance of the person engaged by him for the purpose at SIL. SIL will not be responsible for any libels/suits/litigation or otherwise/obligation/commitment/liability to any party(ies) or person(s) whatsoever.

7. An amount equivalent to 5% of the value of contract is to be deposited by the selected Agency/ Successful Bidder as Security Deposit only after receiving a communication from the SIL. In the event of non-deposition of the same, the earnest money will be forfeited.

8. No interest on security deposit and earnest money deposit shall be paid by the SIL to the Bidder.

9. The Service Provider shall make good loss(es)/ damage(s) incurred by the manpower provided by him to SIL while on duty with the vehicle. Decision of the SIL in this regard shall be final and binding on all parties concerned.

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10. Tender must be accompanied with EMD of Rs. 60,000/- (Rupees Sixty Thousand Only) in the form of Demand Draft/ Bankers Cheque favoring Scooters India Limited and payable at Lucknow. Bids not accompanied with valid EMD will not be considered. The bidder must have current Income Tax/ Service Tax and Statutory registration(s). Proof of all details of other office/departments where such services are being provided must also be attached if any including copies of work order/reference etc.

11. Service Tax or any other tax applicable or made applicable after awarding the contract in respect of this contract shall be payable by contractor and SIL will not entertained any claim whatsoever in this respect. However, the Service Tax or any other Tax which is as per the rules of the Govt./ State Govt. shall be deducted at source from monthly bills of the successful bidder, as per rules/ instructions made applicable from time to time by Government.

12. Acceptance by the SIL will be communicated by FAX, Speed Post or any other form of communication. Formal Letter of acceptance and work order of the bidder will be forwarded as soon as possible but the earlier instructions in the FAX, Speed Post etc. should be acted upon immediately.

13. The following document are compulsory required to be enclosed with the tender form which are the terms and conditions of the tender document:-

a) Registration Certificate of the firm under the work contract of Labour Department Lucknow (U.P).

b) Minimum turnover each year of the firm should be Rs. 12.45 lacs per annum (Rs. 8.3 lacs in case of MSME) during the last three years. Copy of proof to be enclosed.

c) Duly certified copies of the satisfactory services where the bidder is providing the services for the last two years.

d) Employees EPF Registration Certificate issued by local Govt. etc. e) Employee ESI registration certificate issued by local Govt. etc. f) The contractor/bidder must have a registration with the contract Labour

(Registration and Abolition) Act, 1970. The Contractor should have the Labour License under this Act.

g) Numbers of all Staff/ Supervisors registered under ESI & EPF separately. h) Service Tax registration certificate issued by Govt. etc. i) Successful bidder will have to enter into a detailed contract agreement with SIL

on non-judicial stamp paper of Rs. 100/- (Rupees One Hundred Only) for this work.

14. The services staff should follow strict attendance and alternative arrangements are to

be made by the agency whenever anyone of deployed staff is to go on leave under intimation to this office.

15. Changing of staff should be intimated to In-charge Transport of SIL at least one day prior.

16. The SIL reserve the right to reject any or all tenders in whole or in part without assigning any reasons thereof. The decision of CMD SIL shall be final and binding on the contractor/agency in respect of clauses covered under the contract.

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17. The staff provided by the bidder/ contractor should maintain secrecy and discipline in the premises of SIL, Lucknow /outside during the duty hours.

18. The staff provided should be capable of reading and writing Hindi and English with a minimum qualification of 10th pass from any recognized Institution with five years experience in requisite nature of work. Well experienced candidates having less qualification can also be considered provided they can read and write Hindi & English.

19. The agreement is terminable with two months written notice on either side.

20. The Contractor shall not sublet the work without prior written permission of the SIL.

21. The contractor or his workers shall not misuse the premises allotted to them for any purpose other than for which the contract is awarded.

22. The selected bidder shall provide the necessary personnel at SIL as per Labour Acts prevalent in Lucknow. The agency shall employ good and reliable persons with robust health of age 21 to 45 yrs. In case any of the personnel so provided is not found suitable by SIL, the SIL shall have the right to ask for his replacement without any reason thereof and the agency shall on receipt of a written communication will have to replace such persons immediately.

23. The persons so provided by the agency under this contract will not be the employee of the SIL and there will be no employer-employee relationship between the SIL and the persons so engaged by the contractor in the aforesaid services.

24. Payment for service contract will be made monthly upon submission of pre-receipted bill.

25. Income Tax will be deducted from the payment due for the work done as per rules.

26. The contract is subject to the condition that the bidder will comply with all the laws and acts of Central Govt./ State Govt. relating to this contract made applicable from time to time.

27. In case, of additional Driver(s) is required the same shall provided by the agency on same terms and conditions.

28. Risk Clauses: SIL reserves the right to discontinue the services at any time, if the services are found unsatisfactorily by giving a notice to be replied within a week and also has the right to award the contract to any other agency at the risk and cost of current agency and excess expenditure incurred on account of this can be recovered from Security Deposit of pending bills or by raising a separate claim.

29. The Contractor/Agency will furnish to the SIL, the full particulars of the personnel sponsored including details like Name, Father‟s Name, Age, Photograph, Address, Telephone Number and copy of Driving License etc. and they will also ensure the verification of the antecedents of such personnel from their Ex-employer/Police and also ensure that they possess the requisite academic/ technical qualifications and experience for rendering the requisite services to the SIL.

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30. The Factory Hours: Three shifts from Monday to Sunday including National Holidays, etc.

31. In case of regularly deputed personnel not reporting for duty, the service provider shall depute some other similar personnel for performance of duty.

32. The contracting agency will have to furnish all desired particulars relating to ESI/ EPF etc. to SIL on monthly basis together with the Bill. Without furnishing the above, their bills shall not be considered for payments.

33. This will be in the form of Service Contract for a specified period Twenty Four Calendar months and not a labour contract. However, basis on the review of the performance, the contract would be considered for extension of two years on same terms and conditions, subject to both parties agreeing to it.

34. The person so deployed must have a valid and appropriate Driving License for driving Maruti Van, Ambassador, Maruti SX4, Honda City, Tata Indigo, Three wheeler & Ambulance etc. He would be required to drive the vehicle, clean and maintain vehicle, maintain the log book and attend to any other non-driving duty assigned by the SIL In-charge Transport.

35. Bills in triplicate must be submitted to SIL office by the 10th working day of succeeding month duly complete in all respect for payment to be made by SIL.

36. The personnel provided shall be under the direct control and supervision of the contractor/bidder. However, they shall comply with the oral and written instructions given on day to day basis by SIL in Charge Transport from time to time. They will be bound by factory timing, duty, placement, locations, etc. as decided by SIL.

37. The contractor/agency shall make payment of remuneration/ wages to its personnel before 7th of every month in presence of authorized representative of SIL. After making the payment, the contractor shall raise the bill on SIL for payment of the settled amount. They will submit to SIL a copy of the payment voucher duly signed by the workers for each month.

38. Following shall be sequence of criteria for selection of Contractor in Financial Bid:

a. Bidder with lowest rate of service charge (in percentage) shall be successful bidder.

b. If two or more bidders quote same rate of service charge, then Company shall invite revised sealed quotation from those bidders within prescribed due date for further evaluation.

c. Still, if two or more bidders have same lowest quote, the job shall be awarded on equal proportionate basis to each bidder quoting lowest service charge.

39. Penalty Clause:-

a) In the event of non-compliance of statutory requirement under the various labour laws as stipulated in the tender documents by the Contractor and if the same is demanded from SIL by the statutory authorities to pay any such amount, Contractor is liable to pay back the said amount along with a penalty of 10% within 10 days of written communication from SIL.

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b) In Case the Contractor fails to provide drivers on any date during the contract period. He shall be liable for deduction @ 1.5 times (Pro-Rata) rate or charges of alternative hired driver by the company whichever is higher.

c) Any misconduct/ misbehavior on the part of manpower deployed by the contractor will not be tolerated and such persons will have to be replaced immediately.

40. „Terms and Conditions for contractors for Deployment of Contract Labours under service/ work contract‟ and „Scope of Work‟ is further stated as Annexure-C1 and Axxeure-C2 respectively.

Signature & Name of Authorized Signatory

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Ref No.: SIL/ADMN./D/2016-18 Annexure- C1

TERMS & CONDITIONS FOR CONTRACTORS FOR DEPLOYMENT OF CONTRACT LABOURS UNDER SERVICE / WORKS CONTRACT

1.0 LABOUR LICENCE AND OTHER REQUIREMENTS

1.1. Contractor should possess Labour license in case of contractors working in SIL and deploying 20 or more labours on any day, from the Appropriate Government (State/Central Govt.) for carrying out the various activities mentioned in the contract document.

1.2. The contractor shall deploy such number of workers in the premises of SIL as required for completion of the contract. The workers such deployed shall be his own workers.

1.3. In case the number of labour deployed by the contractor in premises of SIL exceeds the number of labour allowed in the license then the contractor shall immediately inform the HR and concerned department. The contractor shall also apply to the licensing officer in the region for amendment in the license within 7 days of exceeding the number of labours mentioned in the license.

1.4. Labour licence and other requirement in case of contractors NOT working in SIL or has less than 20 workers on his rolls.

A) The contractor should possess valid labour license issued by any licensing authority if he has deployed 20 or more workers in any organization.

B) After being eligible to apply as above, if the contractor is awarded the contract then he should apply for Form-V from SIL to obtain Labour Licence from Appropriate Government and submit the same within one month from the date of award of contract. Till then award will be treated as PROVISIONAL.

1.5. The contractor shall also have to submit copy of PAN card and latest IT return. 1.6. The contractor must possess Service Tax Registration number under relevant

code head.

1.7. The contractor shall maintain a register of persons employed by him in the format prescribed under Rule 75 of Contract Labour (R&A) Central Rules

2.0 BILLS PAYMENT, ATTENDANCE AND PAYMENT OF WAGES

2.1 The contractor shall pay minimum daily wages as applicable of the Appropriate Government.

2.2 The contractor shall submit bills to the contracting department by 10th working day of each month.

2.3. The contractor‟s bills should be accompanied with the following. a) Copy of Measurement Book entries / Statement of work done by the

Contractor. b) Statement of Minimum Wages of labours deployed by him under the Service

contract, PF/ESI no., statutory deductions etc., (Form XVII of Contract Labour (R&A) Rules)

c) PF and ESI challans for previous month-separate for concerned Service contract. Print of online challan along with list of contributing contract workers for ESI duly certified by the contractor.

d) Wage payment sheet for the bill period. e) Copy of Form-5 and Form-10 (PF monthly returns) submitted by contractor to

RPFC for billing month.

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f) Copy of Form 12A-regarding PF remittance g) List of CL covered under accident insurance policy h) Statement of material supplied by the contractor if any i) Copy of Labour License if increase in no. of labours deployed against Work

Order if applicable. j) Copy of Challan of previous service tax paid

2.4. The executing department shall pass the bills of the contractor, by 9th of each month, and after checking the documents as in Para 2.3 above forward them to Finance department.

2.5. Finance department shall, after satisfactory compliance and after deduction on account of Security deposit amount and TDS will make payment to the contractor within 10 days of submission of clean bill to Finance Department.

2.6. The contractor shall issue pay slips to his workers, for the month deployed for undertaking activities under the Service contract, at least a day prior to disbursement of wages.

2.7. The contractor shall make payment to the his own labours / contract workers before the expiry of the 7th day after the last day of the wage period in respect of which the wages are payable. The payment of wages to the workers shall not be subject to payment against the bills by SIL.

2.8. The contractor shall remit the cheques favoring RPFC and ESI Office with the Appropriate banks with such period as stipulated under relevant provisions. Last date for remittance of PF is 15th and that in case of ESI is 21st of each month.

2.9. The contractor shall make payment of wages to his workers on due date in presence of an authorized representative of contracting department/HR. The authorized representative shall retain a copy of wage payment sheet with him.

2.10. In cases where the payment to the contractor is due only after completion of work and the payment is not made monthly then the contractor shall have to produce documents as enumerated in Para 2.3 above, in respect of all workers deployed by him against the contract, for each month separately, alongwith final bills.

3.0 PROVIDENT FUND 3.1 The contractor should get independent EPF code before deployment of his

contract worker against work contract. 3.2 The Contractor should allot PF account number and get the nomination form,

duly filled in, from each worker deployed by him at the time of joining. 3.3 In case the worker already has PF/pension account number, allotted to him,

previously, then the contractor shall get the transfer form filled up at the time of joining and send to the office of concerned Regional Provident Fund Commissioner.

3.4 After termination of contract the contractor shall provide due assistance to the labour for withdrawal of PF/pension amount, when due.

3.5 The Contractor shall liaison with the PF officials to get the annual PF slips and distribute amongst his own workers. Security deposit shall be released only after submission of PF slips of workers.

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3.6 PF CONTRIBUTION: Employee‟s Contribution 12%

Employer‟s Contribution a) PF 3.67% b) Pension 8.33%

PF Insp/ Admn charges 1.1% EDLI Contribution 0.5% EDLI Insp charges 0.01% TOTAL 𝟏𝟑.𝟔𝟏%

3.7 The Contractor shall submit annual returns in Form-6A and Form 3A, prescribed under statutory EPF scheme, 1952, in respect of each worker deployed by him with a copy to HR.

4.0 EMPLOYEES STATE INSURANCE 4.1 The Contractor should allot ESI account number and get the nomination form,

duly filled in, from each labour deployed by him at the time of joining. 4.2 At the time of joining the contractor shall get the self/family registration form

filled by the workers and submit to the local ESI office. 4.3 The contractor shall facilitate collection of issued ESI cards by his worker. 4.4 ESI CONTRIBUTION:-

Employee‟s Contribution Employer Contribution 1.75% of gross wages 4.75% of gross wages

4.5 The Contractor shall submit annual returns in Form-6 prescribed under ESI Act, deployed by him with a copy to HR and finance department.

4.6 The Contractor shall produce the following Registers and forms as per Contract

Labour (R & A) Rules 1971 for verification by the Executing Officer of the company:

(a) Form XII - Register of contractors (Rule74) (b) Form XIII - Register of Workmen employed by contractor (Rule 75) (c) Form XIV - Employment Card issued by contractor (Rule 76) (d) Form XVI - Muster Roll 78(1) (a) (i) (e) Form XVII - Register of Wages (Rule 78 (1) (a) (i) (f) Form XVIII- Register of wages-cum Muster Roll (in case of weekly Payment) (g) Form XIX - Wage Slip (Rule 78)(1) (b) (h) Form XX - Register of deduction for damages of loss (Rule (78)( 1) . (a) (ii) (i) Form XXI - Register of fines (Rule 78) (1) (a) (ii) (j) Form XXII - Register of advance (Rule 78) (1) (a) (ii) (k) Form XXIII - Register of overtime (Rule 78) (1) (a) (iii) (l) Form XXIV - Return to be sent by the contractor to licensing officer . . (Rule 82)

5.0 BONUS The contractor shall be liable to pay statutory bonus under payment of Bonus Act, 1965

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6.0 LEAVE WITH WAGES TO CONTRACT LABOUR:- Guidelines as per UP factories Rules 1950 should be strictly observed with regard to crediting / avail of leave. Register as prescribed under the said Rules should be maintained by the contractor.

7.0 SAFETY OF OPERATION The total safety of operation is Contractor‟s responsibility. Contractor should provide PPEs as per requirement, as applicable to each workman and any additional PPEs as required in executing the contract. Each PPE items should follow SIL Safety Standards.

8.0 SUPERVISION OF CONTRACTOR LABOUR: The contractor should provide for at least one identified supervisor per shift. All issues regarding discipline at the works like work allocation, early exit, snacks distribution etc. are to be supervisor‟s personal responsibility.

9.0 CONTRACT LABOUR ACCIDENTS WHILE AT WORK: In case of medical emergencies faced by contract worker at work, medical facilities in the interest of the well-being of the worker shall be provided by SIL. The decision of the doctors attending the emergency shall be final and binding. The cost incurred shall be deducted from the bills of the contractor. The Contractor shall complete the ESI formalities and SIL shall submit claim of reimbursement of medical expenses to ESI. The amount reimbursed by ESI shall be paid back to the contractor.

10.0 PROHIBITION ON INFLUENCING AND INTERFERING ON BEHALF OF CONTRACTOR:

The Contractor shall neither try to influence, chase or interfere into the working of SIL officials nor engage SIL employee or any other third person for the same. In case such incident does occur, it may lead to disqualification/debarring from the contract. Any contractor shall be debarred from consideration if any of his relations is working in the product/functional group in which the contract is being issued. Before issuing tender form to any contractor for limited tender enquiry a confirmation has to be given by contractor that none of his relations are working in that product/functional group.”

11.0 FIRST AND FINAL BILL TO BE CLEARED ONLY AFTER SUBMISSION OF FORM VI A & VI B:

Contractor shall within 5 days of commencement /completion of Work Order submit Form VI A to RLC office. Contractor shall submit a copy of Form VI A bearing the receipt seal of RLC office to HR department. The first and final bill shall be processed only on clearance regarding submission of Form VI A and VI B by contractor. New Work order no. shall be allotted only after the contractor concerned furnishes copy of Form VI A regarding the closure of the earlier contracts (if any).

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Ref No.: SIL/ADMN./D/2016-18 ANNEXURE – C2

SCOPE OF WORK

1. Six drivers are required towards operation of company‟s vehicles at all times. Contractor may decide upon the total number of engagements considering weekly-off and other necessary aspects.

2. Activities such as driving of Company‟s staff car, to and fro dropping of „A‟, „B‟ & „C‟ shift officers/ employees, carrying cash from petrol pump, security round at day/ night, shifting of patient to the hospital by Company‟s Ambulance, and other miscellaneous activities as assigned by Transport department from time to time.

3. The duty of drivers shall be mutually decided from time to time. 4. Drivers eligibility:-

a) Drivers should have a valid driving license and knowledge of driving vehicles (Cars, Auto, Tractor, etc.).

b) Driver must be physically fit. c) Driver must have own mobile phone with operational connection. d) Driver must remain well dressed during their duties. e) Age of drivers should be between 21 & 45 yrs. f) Drivers should run the vehicle as per traffic rules & regulations

prevailing. 5. There will be no relationship of employer-employee between SIL and the

drivers of the vehicle in the term of any applicable labor laws or any other legislation. All statutory payments to be made to the Drivers of the vehicle under any statutory regulation shall be responsibility of the Contractor.

6. Contractor shall ensure that no driver consumes alcohol and/or alcoholic substances while on duty and if found guilty that driver shall be immediately removed from duty.

7. Contractor shall take all steps, necessary or otherwise, to comply with the various applicable laws/rules/regulations/notifications, including, but not limited to, the provision of agreement contract labor (Regulation & Abolition Act) 1970 as amended, minimum wages Act 1948, work man‟s compensation Act, 1923, as amended. Employees State Insurance Act 1948, Employees Provident Funds and Miscellaneous Provisions Act 1952. Payment of Bonus Act 1965, Professional Tax and all other applicable laws and rules framed there under including any statutory approval required from the Central/State Governments, Ministry of Labor.

8. Contractor shall ensure that their drivers shall drive the vehicles carefully. In case of accident of the vehicle, degree of negligence/responsibility on the part of driver will be ascertained by the SIL Transport Department and penalty will be imposed on the Contractor to the extent of repair cost of the vehicle.

9. The Agency should submit the photocopy of the Driving License of their drivers to SIL at the time of joining.

10. The contractor should ensure that their drivers should check the maintenance schedule such as engine and brake oil, battery water check etc. and proper up keep/ cleanliness etc. of the vehicle.

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ANNEXURE -D

Ref No.: SIL/ADMN/D/2016-18

PROFORMA FOR SUBMITTING TECHNICAL BID 1. Name of the firm : _____________________________ 2. Address and Contact Numbers : _____________________________ 3. Registration Number : _____________________________ Copy of the Certificate : Enclosed / Not Enclosed 4. Labour License Number : _____________________________ Copy of the License : Enclosed / Not Enclosed 5. PF Code Number : _____________________________ Copy of the Certificate : Enclosed / Not Enclosed 6. ESI Code Number : _____________________________ Copy of the Certificate : Enclosed / Not Enclosed 7. (1) PAN No. : _____________________________ (2) Income Tax return last 3 yrs. : Enclosed / Not Enclosed 8. Service Tax Number :______________________________ 9. Earnest Money Deposit : Rs. -------------------------------------------- a) D.D. Number & Date : ---------------------Date---------------------- b) Drawn on (Bank) : ------------------------------------------------- 10. Any other relevant information : ------------------------------------------------- 11. Tender Cost : Rs. -------------------------------------------- D.D.No. & Date : ------------------------------------------------- 12. Validity of offer : 90 days from the date of tender

Opening.

13. Blank Price bid : Enclosed / Not Enclosed (Price bid format without prices) 14. Documents against Qualifying Requirements: Enclosed / Not Enclosed

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(Part of ANNEXURE- ‘D’)

I / We will fulfill all the obligations of the contractor and abide by the Terms & Conditions mentioned in the enquiry. Date:

Signature with Name & Office Seal

NOTE: TECHNICAL BID AND PRICE BID SHOULD BE SUBMITTED IN SEPARATE SEALED ENVELOPS. IN CASE THE BIDS ARE FOUND IN ONE SINGAL ENVELOPE THEN THE “BIDS” ARE LIABLE TO BE REJECTED.

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Ref No.: SIL/ADMN/D/2016-18 (Part of ANNEXURE- ‘D’)

PART B- FINANCIAL BID FORM (To be enclosed with Technical Bid form)

Providing the Manpower (Drivers) for the company‟s vehicles on contract

Tenderers are to submit this form duly completed & signed in a sealed/ closed envelop super scribing tender number SIL/ADMN/D/2016-18

1. Name of the Company/ Establishment 2. Full Address of Registered Office 3. Telephone No./ Mobile No./ Fax No. 4. Name of Contact Person

SI. No.

Description of Job Rate of Service Charge (in percentage) over the monthly remuneration of driver (which includes Minimum wages, Employer‟s contribution towards EPF/ ESI and Statutory Bonus, as applicable from time to time) for all days of month.

1. To provide manpower (Drivers) for driving the official vehicles on contract basis at SIL, Lucknow in all shifts on all days as per scope of work at Annexure-„C‟ for a period of two years, which will include monthly remuneration as per minimum wages -(including employees contribution towards EPF/ ESI and other mandatory obligations like bonus, etc.) to be paid to each manpower but excluding Service Tax in accordance with the highest standards of Services and as per the special terms and conditions in the tender document.

Figure - _____% Words – (___________________%)

Note:

1. Rates to be quoted in figures and words (percentage) by the Contractor. There should not be any corrections in price bid contradictory to the above the offer will be liable for rejection.

2. The rate quoted should be kept firm during the execution of contract and no extra payment will be reimbursed to the contractor by SIL. No increase in rate of DA / Wages hike shall be reimbursed to the Contractor. Contract shall anticipate such hike and quote in the tender.

3. Service charge quoted above shall be over the minimum wages as per govt. rules, statutory requirements like PF & ESI, Uniform, shoes, PPEs, leaves wages, bonus and all other charges exclusive of service tax. Service tax, if applicable shall be paid extra at actual.

4. Monthly calculation is based on 30 days in a month.

Signature: __________ Name & Designation: __________

Company Names & seal: __________ Date: __________ Place: __________

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ANNEXURE-„E

Ref No.: SIL/ADMN/D/2016-18

CHECK LIST (To be attached with Technical Bid)

SI. No. Particulars Status

1. I. Certificate of Experience relevant in providing services of drivers for a period of Minimum one year (copy of experience certificate issued by the previous organization where similar type of providing services of drivers successfully done by the party/contractor enclosed)

Yes/No

2. Earnest money deposit (EMD) submitted. EMD details

Yes/No

DD No. -

Date -

Drawn on Bank -

Rs. -

3. Party‟s Registration detail (Copies of certificates attached.)

ESI No. Yes/No

PF No. Yes/No

Service Tax Yes/No

PAN No. Yes/No

4. Rates quoted per month for providing services related to providing services of drivers in SIL, Lucknow in Three Shift on all the working days including Sunday as per scope of work at Annexure-C (excluding service tax)

Yes/No

5. Agreed for appropriate manpower as per Annexure-C requirements

Yes/No

6. If outstation agency, company office shall be set up at Lucknow.

Yes/No

7. Party had signed & stamped in all the pages of tender documents.

Yes/No

8. Proof of financial Status in form of Audited Balance sheet / Certificate of CA for the last 03 financial years

Yes/No

9. Agreed to adhere various labour law/ legislation applicable including Minimum wages (Central), EPF & Misc Provision, ESI, etc.

Yes/No

10. Declaration that company is not blacklisted. Yes/No

11. Party had signed Integrity Pact at Annexure-I & same is attached with Technical Bid Form (Annexure- D).

Yes/No

12.

Declaration for compliance of all the special terms and conditions by contractors

Yes/No

The entire above criterion should be met and in all cases „Yes‟ is must.

Signature of contractor

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ANNEXURE-„F‟ Ref No.: SIL/ADMN/D/2016-18

PART B- FINANCIAL BID FORM

Providing the Manpower (Drivers) for the company‟s vehicles on contract

Tenderers are to submit this form duly completed & signed in a sealed/ closed envelop super scribing tender number SIL/ADMN/D/2016-18.

1. Name of the Company/ Establishment

2. Full Address of Registered Office

3. Telephone No./ Mobile No./ Fax No.

4. Name of Contact Person

SI. No.

Description of Job Rate of Service Charge (in percentage) over the monthly remuneration of driver (which includes Minimum wages, Employer‟s contribution towards EPF/ ESI and Statutory Bonus, as applicable from time to time) for all days of month.

1. To provide manpower (Drivers) for driving the official vehicles on contract basis at SIL, Lucknow in all shifts on all days as per scope of work at Annexure-„C‟ for a period of two years, which will include monthly remuneration as per minimum wages (including employees contribution towards EPF/ ESI and other mandatory obligations like bonus, etc.) to be paid to each manpower but excluding Service Tax in accordance with the highest standards of Services and as per the special terms and conditions in the tender document.

Note:

1. Rates to be quoted in figures and words (percentage) by the Contractor. There should not be any corrections in price bid contradictory to the above the offer will be liable for rejection.

2. The rate quoted should be kept firm during the execution of contract and no extra payment will be reimbursed to the contractor by SIL. No increase in rate of DA / Wages hike shall be reimbursed to the Contractor. Contract shall anticipate such hike and quote in the tender.

3. Service charge quoted above shall be over the minimum wages as per govt. rules, statutory requirements like PF & ESI, Uniform, shoes, PPEs, leaves wages, bonus and all other charges exclusive of service tax. Service tax, if applicable shall be paid extra at actual.

4. Monthly calculation is based on 30 days in a month.

Signature: __________ Name & Designation: __________

Company Names & seal: __________ Date: __________ Place: __________

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Ref No.: SIL/ADMN/D/2016-18

ANNEXURE-„G

MINIMUM TECHNO-COMMERCIAL QUALIFYING CONDITIONS

I. Contractor should have valid Income Tax PAN No, ESI & PF Registration and

a copy of registration certificates to be enclosed. II. Contractor should have minimum two years relevant experience in providing

manpower (Drivers) for the company‟s vehicles on contract basis (copy of experience certificate issued by the previous organization where similar type of contract to be enclosed)

III. Contractor should have minimum turnover of Rs. 12.45 lacs per annum (Rs.

8.3 lacs in case of MSME) in last three financial years. For proof, a copy of audited Annual Accounts / certificate of CA should be enclosed.

IV. Contractor should have Service Tax Registration certificate issued by

authority. V. Contractor should Furnish Tender Document cost & EMD by the way of

Demand Draft in favour of “Scooters India Limited” payable at Lucknow as mentioned above in Technical Bid Form.

VI. Contractor should comply all the special terms and conditions with a

declaration.

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Ref No.: SIL/ADMN/D/2016-18

ANNEXURE-„H‟

Bid Evaluation Criteria

Financial Bids of only those bidders shall be opened who shall fulfill all the Minimum Techno Commercial Qualifying Conditions as mentioned in Annexure –G which are repeated as under : - I. Contractor should have valid Income Tax PAN No, ESI & PF Registration and a

copy of registration certificates to be enclosed.

II. Contractor should have minimum one year relevant experience in providing manpower (Drivers) for the Company‟s vehicles on contract basis (copy of experience certificate issued by the previous organization where similar type of contract to be enclosed).

III. Contractor should have minimum turnover of Rs. 12.45 lacs per annum (Rs. 8.3

lacs in case of MSME) in last three financial years. IV. For proof, a copy of audited Annual Accounts / certificate of CA should be

enclosed. V. Contractor should Furnish Tender Document cost & EMD by the way of Demand

Draft in favour of “Scooters India Limited” payable at Lucknow as mentioned above in Technical Bid Form.

VI. Contractor should comply all the special terms and conditions with a declaration.

THE BIDS/ TENDERS SHALL BE EVALUATED ON THE BASIS OF LOWEST FINANCIAL QUOTE OF SERVICE CHARGES SUBJECT TO FULFILLMENT OF ALL MINIMUM TECHNO-COMMERCIAL QUALIFYING CONDITIONS. IN EVENT OF SAME LOWEST SERVICE CHARGES QUOTED BY 02 OR MORE BIDDERS, THE COMPANY SHALL INVITE REVISED SEALED QUOTATION FROM THOSE BIDDERS WITHIN PRESCRIBED DUE DATE AND BID SHALL BE EVALUATED ON THE BASIS OF LOWEST FINANCIAL QUOTE OF SERVICE CHARGE. IN THE RAREST EVENT OF SAME SERVICE CHARGES EMERGING FOR ANY TWO/ ALL THE BIDDERS, THE JOB SHALL BE AWARDED ON EQUAL PROPORTIONATE BASIS TO EACH BIDDER QUOTING LOWEST SERVICE CHARGE. IMPORTANT NOTE:- The bidders are required to make all the original documents available for the verification on information by SIL at scheduled date. ----------x-----------

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Annexure I

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30

31

32

33

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