Tender Notice No: 03-2013-14 (KVK) Manpower Outsourcing

Tender Document for

“Sealed tender are invited from experienced and reputed Service Provider (Manpower supplying) Agencies for outsourcing of the services of various works in

the 335 KVK Centers.”

Government of Gujarat

COMMISSIONERATE OF EMPLOYMENT & TRAINING Block no. 1, 3rd Floor,

Dr. Jivraj Mehta Bhavan, Gandhinagar – 382 010,

Gujarat.

Website: http//www.talimrojgr.org.in

January 2014

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Notice Inviting Online Tender `

Tender Notice No: 03-2013-14 (KVK) Manpower Outsourcing

Department Name/ Authority Name Commissioner, Commissionerate of Employment & Training, Gandhinagar, Gujarat, India

Circle COMMISSIONERATE OF EMPLOYMENT & TRAINING Block no. 1, 3rd Floor, Dr. Jivraj Mehta Bhavan, Gandhinagar – 382 010, Gujarat.

IFB No./ Tender Notice No. 03-2013-14 (KVK)

Name of Project Sealed tender are invited from experienced and reputed Manpower supplying Agencies for outsourcing of the services of various works in the 335 KVK Centers.

Name of Work Service Provision for following activities: Recruitment of Faculty Recruitment of Multi Skilled Assistant Recruitment of Security Guard Recruitment of House Keeper For detailed scope of work, refer to Schedule

Estimated Contract Value (INR) Open (Varies with the scope of work)

Period of Contract One year starting from the date indicated in The Letter of Acceptance (LoA)/ Agreement.

Bidding Type Open

Class of Bidder Not Applicable

Tender Currency Settings Indian Rupee (INR)

Amount Details

Bid Document Fee/ Tender Fee Rs.5,000/- (Rupees five thousand only) in form of Demand Draft from Nationalized Bank

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Bid Document Fee Payable to “Account Officer of Employment & Training”, payable at Gandhinagar.

Bid Security /EMD (INR) Rs.78.00 Lacs in form of Demand Draft / Bank guaranty from any And as approved by Govt.of Gujarat for SD and EMD

Bid Security/ EMD in favour of “Account Officer of Employment & Training”, payable at Gandhinagar.

Tender Dates

Bid Document Downloading Start Date

23 / 01 / 2014

Bid Document Downloading End Date

13 / 02 / 2014 Up to 14.00 Hrs.

Pre bid Meeting date and venue Pre bid Meeting for this tender shall be held on 29 / 01 / 2014 at 15.00 Hrs in the office of the Authority at the following address: Commissioner, Commissionerate of Employment & Training, Gandhinagar, Gujarat, India Block no. 1, 3rd Floor, Gandhinagar – 382 010, Gujarat.

Last Date & Time for Submission of Technical bids (Only Physical)

14 / 02 / 2014 Up to 14.00 Hrs.

Last Date & Time for Submission of Price Bids (Only Online)

13 / 02 / 2014 Up to 14.00 Hrs.

Date of Tender opening 15 / 02 / 2014, 12.00 Hrs.

Bid Validity Period 120 days from the date of opening of price bid

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Physical Submission of Technical Bids Physical copy of technical bid along with Tender Fees, Bid Security and other documents (except Price Bid) up to14 / 02 / 2014 , 14.00 Hrs. by RPAD / In Person in the office of the Authority at Commissioner, Commissionerate of Employment & Training, Gandhinagar, Gujarat, India Block no. 1, 3rd Floor, Gandhinagar – 382 010, Gujarat.

Price Bid Submission (ONLINE ONLY)

Bidder shall submit their price offer in Electronic format only on website www.nprocure.com after digitally signing the same. Offers which are not digitally signed will not be accepted. No offer in physical form will be accepted and any such offer if received will be outright rejected. Also any reference of the Price, quotes, etc. in physical submission shall result in rejection of the Bid of the bidder.

Phone 079 23253811

Officer Inviting Bids Commissioner, Commissionerate of Employment & Training, Gandhinagar, Gujarat, India Block no. 1, 3rd Floor, Gandhinagar – 382 010, Gujarat.

Bid Opening Authority Commissioner, Commissionerate of Employment & Training, Gandhinagar, Gujarat, India Block no. 1, 3rd Floor, Gandhinagar – 382 010, Gujarat.

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: General Terms and Conditions for Digital Signature :

1. Bidders can download the tender document free of cost from the website, but will need to submit the bids along with the DD for Bid Document Fee at the time of physical submission.

2. All the tender Document EMD , Tender fee and Tender supporting documents should be submitted physically or by RPAD or Speed Post within stipulated time.

3. Price Bids will have to be submitted online as per prescribed formats. 4. Bidders have to submit Price Bid in electronic form only. Offers in physical form will have to be

submitted for technical bid alone. Such submission will have to be accompanied by required forms and documents, and instrument for payment of Bid Document Fee and Bid Security

5. Bid Document Fee and Bid Security shall have to be paid of the amount stated in the Notice Inviting Online Tenders section.

6. Free vender training camp will be organized every Saturday between 4.00 PM to 5.00 PM at (n)code solutions – A Division of GNFC Limited. Bidders are requested to take benefit of the same.

Bidders who wish to participate in online tenders will have to procure/ should have legally valid Digital Certificate as per Information Technology Act-2000 using which they can sign their electronic bids. Bidders can procure the same from any of license certifying Authority of India or can contact (n) Code Solutions – A division of GNFC Ltd., who are licensed Certifying Authority by Govt. of India. All bids should be digitally signed, for details regarding digital signature certificate related training involved the below mentioned address should be contacted:

(n) Code Solutions A Division of GNFC

301, GNFC Info tower, Bodakdev Ahmedabad –380 054 (India) Tel: +91 26857312/ 13 Fax: +91 79 26857321

E-mail: nprocure@ncode.in Website: www.nwr.nprocure.com

Toll Free: 1800-233-1010(Ext.321) Other Terms and Conditions are as per detailed tender documents.

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TABLE OF CONTENTS:

Chapter No.

Particulars PageNo.

INVITATION FOR BIDS (IFB) 9

I INSTRUCTIONS TO THE BIDDERS 26

II GENERAL TERMS AND CONDITIONS 29

III TERMS OF REFERENCE (ToR) 39

IV SPECIAL TERMS AND CONDITIONS OF CONTRACT 42

V ANNEXURES 55

VI BIDDER’S COVERING LETTER 66

VII LETTER OF AUTHORIZATION FOR ATTENDING BID 67

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DETAILED CONTENTS :

Sr. No. Particulars Page No.

INVITATION FOR BIDS (IFB) 9

SCHEDULE FOR INVITATION OF TENDER 10

1 TECHNICAL BID 10

2 INSTRUCTIONS TO BIDDERS 10

ANNEXURE-I TERMS AND CONDITIONS 12

1 LEGAL CONDITION 17

2 FINANCIAL CONDITION 19

3 GENERAL TERMS AND CONDITIONS 21

4 IMPORTANT DATA 23

5 BID SECURITY AND BID DOCUMENT FEE 24

6 TECHNICAL BID 25

CHAPTER – I INSTRUCTIONS TO THE BIDDERS 26

ARTICLE-1 DEFINITIONS 26

ARTICLE-2 ELIGIBILITY CRITERIA FOR BIDDERS 27

CHAPTER-II GENERAL TERMS AND CONDITIONS 29 ARTICLE - 1 CHECKLIST OF DOCUMENTS COMPRISING THE BID 29 ARTICLE – 2 BIDDING DOCUMENT 31

ARTICLE – 3 CLARIFICATION ON BIDDING DOCUMENTS 31

ARTICLE – 4 AMENDMENT OF BIDDING DOCUMENTS 31

ARTICLE – 5 LANGUAGE OF BID 31

ARTICLE - 6 COST OF BIDDING 31

ARTICLE - 7 BID FORMS 32

ARTICLE – 8 FRAUDULENT & CORRUPT PRACTICE 32

ARTICLE – 9 LACK OF INFORMATION TO BIDDER 32

ARTICLE – 10 CONTRACT OBLIGATIONS 32

ARTICLE – 11 BID PRICE 32

ARTICLE – 12 BID CURRENCY 33

ARTICLE – 13 BID SECURITY/ EARNEST MONEY DEPOSIT (EMD) 33

ARTICLE – 14 PERIOD OF VALIDITY OF BIDS 34 ARTICLE – 15 FORMAT AND SIGNING OF BID 34

ARTICLE – 16 SEALING AND MARKING OF BID 34 ARTICLE – 17 BID DUE DATE 35

ARTICLE – 18 LATE BID / CONDITIONAL BID 35

ARTICLE – 19 MODIFICATION AND WITHDRAWAL OF BID 35

ARTICLE – 20 OPENING OF BIDS BY THE AUTHORITY 36

ARTICLE – 21 CONTACTING THE AUTHORITY 36

ARTICLE – 22 BID EVALUATION 36

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ARTICLE – 23 AUTHORITY’S RIGHT TO VARY SCOPE AT TIME OF AWARD 36 ARTICLE – 24 AUTHORITY’S RIGHT TO ACCEPT AND TO REJECT ANY/

ALL BIDS 36

ARTICLE – 25 NOTIFICATION OF AWARD & SIGNING OF CONTRACT 37

ARTICLE – 26 PERFORMANCE GUARANTEE 37

ARTICLE – 27 PAYMENT TERMS TO SERVICE PROVIDING AGENCY 37

ARTICLE – 28 PENALTY 38

ARTICLE – 29 PATENT RIGHTS 38ARTICLE – 30 AUTHORITY’S RIGHT TO AWARD CONTRACT TO ONE OR

MORE BIDDERS38

ARTICLE – 31 BIDDER TO VISIT THE SITE BEFORE QUOTING ITS BID 38

CHAPTER –III TERMS OF REFERENCE (ToR) 39

ARTICLE – 1 INTRODUCTION 39

ARTICLE – 2 DETAILS OF SERVICES TO BE PROVIDED 39

ARTICLE – 3 ADDITIONAL SCOPE 41

CHAPTER – IV SPECIAL TERMS AND CONDITIONS OF CONTRACT 42

ARTICLE – 1 CONTRACT PERIOD 42

ARTICLE – 2 BIDDER’S OBLIGATION 42

ARTICLE – 3 AUTHORITY'S OBLIGATIONS 42

ARTICLE – 4 ACCEPTANCE AND QUALITY CHECK BY THIRD PARTY 43

ARTICLE – 5 LIQUIDATED DAMAGES 43

ARTICLE – 6 TERMINATION OF THE CONTRACT 43

ARTICLE – 7 “NO CLAIM” CERTIFICATE 44

ARTICLE – 8 SUSPENSION 44

ARTICLE – 9 OWNERSHIP OF DATABASE AND ASSET 44

ARTICLE – 10 DETAILS TO BE KEPT CONFIDENTIAL 44

ARTICLE – 11 TRANSFER OF RIGHTS 44

ARTICLE – 12 IMPLEMENTATION SCHEDULE 45

ARTICLE – 13 INSPECTION REPORT AND MONITORING 45

CHAPTER –V PROFORMA FOR FINANCIAL BID 46

1 RATE PER MONTH PER PERSON FOR KVK CENTER UNDER REGIONAL DEPUTY DIRECTOR - AHMEDABAD, VADODARA, RAJKOT, SURAT

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ANNEXURE – 2 PROFORMA OF GENERAL POWER OF ATTORNEY 55

1 GENERAL POWER OF ATTORNEY 55

ANNEXURE - 3 FORMAT FOR PERFORMANCE GUARANTEE 56

ANNEXURE – 4 TECHNICAL BID FORM 59

BIDDER’S COVERING LETTER 66

LETTER OF AUTHORIZATION FOR ATTENDING BID 67

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INVITATION FOR BIDS (IFB) BACKGROUND : The Commissionerate of Employment & Training, CET is working under the Department of Labour and Employment, Government of Gujarat. It was formed in Gujarat State in 1971 by amalgamation of the Employment Wing, functioning under the Labour Commissionerate, and the Vocational Training Scheme under the Directorate of Technical Education. In the beginning, Industrial Training Institutes were functioning under direct control and supervision of the Director General of Employment & Training (DGE&T), New Delhi, Ministry of Labour, Government of India. Since 1956 the administration of Industrial Training Institutes (ITI) under the Craftsmen Training Schemes has been transferred to the State government. Two statutes have been enacted by the Govt. of India to help in achieving the objectives of higher employment in organised sector through training. These are: (1) The Employment Exchanges Compulsory ( Notification of Vacancy) Act, 1959 (C.N.V.Act) (2) The National Apprenticeship Act, 1961. CET functions with the major objectives of providing Vocational Training and Employment Services to the youths in Gujarat State. To achieve these objectives the DET runs a variety of long-term and short-term training programmes in Industrial Training Institutes/ Centers in the State. It also registers the youths looking for employment and provides placement services to them through Employment Exchanges that also maintain the list of prospective Employers. The services provided by CET on this web site are as following: On-line Registration with the Employment Exchange On-line Updation / Renewal of Employment Registration On-line Placement Status of the Jobseekers. On-line Admission Status in ITI. On-line ITI Trade & Trainee Information. On-line Data of Jobseekers for Prospective Employers On-line Submission of EMI. On-line Submission of Apprentice Vacancy. On-line Trade & Trainee Information for Apprentices. As has been widely recognized, the vocational skills can help in improving the employability of the jobseekers. Therefore, they are also advised to use the information on Vocational Training available under Craftsman Training Scheme and Apprentice Training Scheme. Our constant endeavor is to provide the jobseekers and the prospective employers the best of services and therefore, we request you to give your valuable suggestions and Feedback. Our address is as following:

Commissionerate Of Employment & Training, 3rd Floor, Block No. 1, Dr. Jivraj Mehta Bhavan,

Gandhinagar – 382010, GUJARAT (India) Phone: 91-79-23253811, Fax: 91-79-23253835

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SCHEDULE FOR INVITATION OF TENDER : Sealed tenders are invited from experienced and reputed Manpower supplying Agencies for outsourcing of the services of various works in the 335 KVK Centers as detailed below:

1. Technical Bid

TENDER FEE : Rs. 5000/-

EMD AMOUNT : Rs. 78.00 Lacs.

2. Instructions to Bidders : 2.1 Introduction: 2.1.1 Commissionerate of Employment and Training under the aegis of Labour and Employment

Department engaged to provide skilled work force per need of Industries. The training is imparted through 263 ITIs, 125 GIA and 350 self finance ITC across the state. Recently for door step training in Rurban Area 335 Kausalya vardhan Kendra started in the state.

2.1.2 The Service provider are invited to submit a Technical Proposal as per the formats given in Section 5 and a Financial Proposal as per the formats given in Section 6 in two separate sealed covers for providing consulting services required for the assignment. The Service provider shall bear all costs associated with the preparation and submission of their proposals. CET is not bound to accept any or all proposals, and reserves the right to annul the selection process at any time prior to award of contract, without any liability to CET.

2.2 Proposal Validity : 2.2.1 The Technical and Financial Proposal to be submitted by the Service provider should be firm and

valid for a period of 120 days from the last date of submission of the proposal.

2.3 Tender Fees and Earnest Money Deposit : 2.3.1 The Proposal shall be accompanied by Earnest Money Deposit (EMD) of Rs. 78.00 lacs [Rupees

Seventy Eight Lakh only] in favour of the “Account Officer of Employment & Training”, payable at Gandhinagar.

2.3.2 In case the tender document is downloaded from the CET website, the Proposal shall be accompanied by non-refundable tender fee of Rs. 5,000/- by Demand Draft (DD)/Bank Guarantee in favoring “Account Officer of Employment & Training”, payable at Gandhinagar.

2.3.3 The Proposals without tender fees and EMD shall be deemed as non-responsive and liable to be rejected.

2.3.4 The EMD of the successful bidder shall be withheld by CET for a period of two months. The EMDs of other bidders will be refunded within a period of maximum one month after the process of selection is over.

2.4 Contents of the Proposal : 2.4.1 The proposal shall comprise of three envelopes as prescribed below.

Outer Envelope Envelope 1: Tender fee and EMD Envelope 2: Technical Proposal (Annexure-II)

Envelope 3: Financial Proposal (Annexure-III) 2.4.2 The Outer Envelope shall contain Demand Draft or B.G. towards Tender Fees, EMD and separate

envelopes of Technical and Financial proposal.

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2.5 Submission, Receipt, and Opening of Proposals : 2.5.1 The Original Proposal (Technical Proposal and Financial Proposal) shall contain no interlineations

or overwriting, except as necessary to correct errors made by the Service provider themselves. The person who signs the proposal must initial such corrections. Submission letters for both Technical and Financial Proposals should respectively be in the formats (Annexure-II) and (Annexure-III).

2.5.2 Technical Proposal shall be placed in a sealed envelope clearly marked “Technical Proposal”. Similarly, the Financial Proposal shall be placed in a sealed envelope clearly marked “Financial Proposal”. The envelopes containing the Technical and Financial Proposals shall be placed into an outer envelope and sealed. This outer envelope shall bear the Name of the Assignment, submission address, etc.

2.5.3 The Proposal must reach CET on or before 14/02/2014 at 14:00 hrs delivered in person or by Registered Post or by Courier. Any proposal received by CET after the deadline for submission shall be returned unto opened. CET shall not be responsible for any postal or courier delays.

2.5.4 The financial proposals of all the qualifying firms will be opened in the presence of the Service providers’ representatives who choose to attend. The selected Service provider will be informed of the decision made by CET through a letter after completion of the evaluation process.

2.5.5 CET will correct any arithmetical errors in Financial Proposals. While correcting arithmetical errors, in case of discrepancy between the amounts mentioned in words and figures, the amount quoted in words shall only be considered and evaluated.

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: ANNEXURE-I :

: TERMS AND CONDITIONS :

1) All services shall be performed by persons qualified and skilled in performing such services as per the eligibility criteria.

2) The persons supplied by the Agency should not have any Police records/criminal cases against them. The Agency should make adequate enquiries about the character and antecedents of the persons whom they are recommending. The character and antecedents of each personnel of the service provider will be got verified by the service provider before their deployment after investigation by the local police, collecting proofs of identity like driving license, bank account details, previous work experience, proof of residence and recent photograph and a certification to this effect submitted to Commissionerate of Employment & Training (CET). The service provider will also ensure that the personnel deployed are medically fit and will keep in record a certificate of their medical fitness. The Service Provider shall withdraw such employees who are not found suitable by the office for any reasons immediately on receipt of such a request.

3) The service provider shall engage necessary persons as required by the CET. from time to time. The said persons engaged by the service provider shall be the employee of the service provider and it shall be the duty of the service provider to pay their salary every month. There is no Master & Servant relationship between the employees of the service provider and CET and further that the said person of the service provider shall not claim any absorption.

4) The service provider’s person shall not claim any benefit/compensation/ absorption/regularization of services from/in CET. under the provision of Industrial Disputes Act., 1947 or Contract Labor (Regulation & Abolition) Act, 1970. Undertaking from the persons to this effect shall be required to be submitted by the service provider to CET.

5) The service provider’s personnel shall not divulge or disclose to any person, any details of office, operational process, technical know-how, security arrangements, and administrative /organizational matters as all are of confidential/secret nature.

6) The service provider’s personnel working should be polite, cordial, positive and efficient, while handling the assigned work and their actions shall promote good-will and enhance the image of CET. The service provider shall be responsible for any act of indiscipline on the part of persons deployed by him.

7) That the persons deputed shall not be below the age of 18 years and they shall not interfere with the duties of the employees working at CET.

8) The CET may require the service provider to dismiss or remove from the site of work, any person or persons, employed by the service provider, who may be incompetent or for his/ her/their misconduct and the service provider shall forthwith comply with such requirements. The Service provider shall replace immediately any of its personnel, if they are unacceptable to CET. because of security risk, incompetence, conflict of interest and breach of confidentiality or improper conduct upon receiving written notice from CET.

9) The service provider has to provide Photo Identity Cards to the persons employed by him/her for carrying out the work. These cards are to be constantly displayed & their loss reported immediately.

10) The service provider shall ensure proper conduct of his person in office premises, and enforce prohibition of consumption of alcoholic drinks, paan, smoking, loitering without work.

11) The transportation, food, medical and other statutory requirements in respect of each personnel of the service provider shall be the responsibility of the service provider. The document of statutory compliance will be provided monthly/quarterly to service provider.

12) Working hours would be as per rule (Schedule) and during working days including half hour lunch

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break in between. However, in exigencies of work, they may be required to sit late and the personnel may be called Saturday, Sunday and other gazetted holidays, if required.

13) The entire financial liability in respect of manpower services deployed in the Department or Office concerned shall be that of the Service Provider and the Department or Office concerned will in no way be liable. It will be the responsibility of the Service Provider to pay to the person deployed a sum not less than the minimum rate quoted in the financial bid which also should not be less than the minimum wages prescribed under the prevailing act and adduce such evidence as may be required by the Department or Office concerned.

14) For all intents and purposes, the Service Provider shall be the "Employer" within the meaning of different Rules & Acts in respect of manpower so deployed. The persons deployed by the Service Provider shall not have any claim whatsoever like employer and employee relationship against the Department or Office concerned.

15) The Service Provider must be registered with the concerned Govt. Authorities, i.e. Labour Commissioner, Provident Fund Authorities, Employees State Insurance Corporation etc., and a copy of the registration should be submitted. The Service Provider shall comply with all the legal requirements for obtaining License under Contract Labour (Regulations and Abolition) Act, 1970 if any, at his own part and cost.

16) That the agency will be wholly and exclusively responsible for payment of wages to the persons engaged by it in compliance of all the statutory obligations under all related legislations as applicable to it from time to time including Minimum Wages Act, Employees Provident Fund, ESI Act etc. and the CET shall not incur any liability for any expenditure whatsoever on the persons employed by the agency on account of any obligation.

17) The Detail of payment made to the agency necessary records of payment paid to their employees with required receipt should be produce to CET in next month before 10th date.

18) Deduction from salary of the employee of the agency and contribution of agency should be credited in relevant govt. department as per presence rules & regulations evident for the same individually should be produced to CET before Drawing the next payment such record should be verify by relevant drawing officer and certify separately in the bill.

19) The salary payment paid by agency to their employee through crediting the amount in his/ her said bank account must.

20) The service provider will submit the bill in duplicate in respect of a particular month in the first week of the next month. The payment will be released by the third week of the following month after deduction of taxes deductible at source under the laws in force. However service provider will pay the remuneration to the staff engaging within 1st week of month.

21) Payments to the service provider would be strictly on certification by the officer with whom Services is attached that his services were satisfactory and attendance as per the bill preferred by the service provider.

22) No wage/remuneration will be paid to any staff for the days of absence from duty. 23) The service provider will provide the required personnel for a shorter period also, in case of any

exigency as per the requirement of this CET. 24) The service provider shall provide a substitute well in advance if there is any probability of the

person leaving the job due to his/her own personal reasons or on leave. The payment in respect of the overlapping period of the substitute shall be the responsibility of the service provider.

25) The service provider shall be contactable at all times and message sent by phone/e-mail/Fax/Special Messenger from CET to the service provider shall be acknowledged immediately on receipt on the same day. The Service Provider shall strictly observe the instructions issued by the CET in fulfillment of the contract from time to time.

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26) This CET shall not be liable for any loss, damage, theft, burglary or robbery of any personal belongings, equipment or vehicles of the personnel of the service provider.

27) That the agency on its part and through its own resources shall ensure that the goods, materials and equipments etc. are not damaged in the process of carrying out the services undertaken by it and shall be responsible for acts of commission and omission on the part of its staff and its employees etc. If the CET. suffers any loss or damage on account of negligence, default or theft on the part of the employees/agents of the agency, then the agency shall be liable to reimburse to the CET. for the same. The agency shall keep the CET fully indemnified against any such loss or damage.

28) The CET (for 335 KVK Centers) will maintain an attendance register in respect of the staff deployed by the agency on the basis of which wages/remuneration will be decided in respect of the staff at the approved rates.

29) The successful bidder will enter into an agreement with this CET for supply of suitable and qualified manpower as per requirement of this CET (for 335 KVK Centers) on these terms and conditions. The agreement will be valid for a period of One Year from the date of signing and shall continue to be in force in the same manner, unless terminated in writing. The service charges/rates quoted by the agency shall be fixed for a period of one year and no request for any change/modification shall be entertained before expiry of the period of 1 year. Any statutory increase in wages etc. is to be absorbed by the service provider. The contract/agreement is extendable by another six months/12 months subject to satisfactory performance of the agency and such amendments as mutually agreed to.

30) The successful bidder would obtain a valid license from the concerned Government Authority for providing the services in this CET.

31) The service provider shall not assign, transfer, pledge or sub contract the performance of services without the prior written consent of CET.

32) In the event, if any dispute arises touching any of the clauses of the agreement, the matter will be referred to The Commissioner, Commissionerate of Employment & Training, whose decision shall be binding on both the parties.

33) The contract for providing the aforesaid manpower is for a period of one year from the date of effectiveness of the contract i.e. the date of deployment of the required manpower. The period of the contract may be further extended provided the requirement of the Department for manpower persists at that time or may be curtailed / terminated owing to deficiency in service or substandard quality of manpower deployed by the selected Service Provider or because of change in the Department's requirements. The Department, however, reserves right to terminate this initial contract at any time after giving one week's notice to the selected Service Provider.

34) This Department has tentative requirement of the manpower as given below

Sr. No.

Name of the Post Number Place of Posting

1 Faculty 1340 335 KVK Centers in all over Gujarat.

2 Multi skilled Assistant 335 335 KVK Centers in all over Gujarat.

3 Security Guard 1005 335 KVK Centers in all over Gujarat.

4 Housekeeper 335 335 KVK Centers in all over Gujarat.

The requirements may increase in case of expansion of center /decrease in any /all the categories.

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35) E-mail / Fax bids will be summarily rejected.

36) Late bid shall be out rightly rejected.

37) The tender has been invited under two bid system i.e. Technical Bid and Financial Bid. The

interested Service Provider must have to submit two separate sealed envelopes super scribing

"Technical Bid for Providing Manpower Services to CET" and ‘’Financial Bid for

Providing Manpower Service to CET’’ (Online and Offline ) Both sealed envelopes should be

kept in a third sealed envelope superscribing "Tender for Providing Manpower Services to

CET".The Earnest Money Deposit (EMD), refundable (without interest), should be in the shape of

Demand Draft / Pay Order of Nationalized Bank drawn in favour of the “Account Officer of

Employment & Training”, payable at Gandhinagar. And it should accompany the Technical Bid

failing which the tender application shall be rejected.

38) Any conditional bids shall not be considered and will be out rightly rejected in the very

first instance.

39) All entries in the tender form should be legible and filled clearly. If the space for furnishing

information is insufficient, a separate sheet duly signed by the authorized signatory may be

attached. Amounts quoted in figure should be repeated in words and in case of any

discrepancy, the amounts stated in words shall prevail. No overwriting or cutting is permitted

in the Financial Bid Form. In such cases, the tender shall be summarily rejected. However,

the cuttings, if any, in the Technical Bid Application must be initialed by the person authorized to

sign the tender bids.

40) The Technical bids would first be taken into consideration by a Committee.

41) The Technical bids shall be opened on the scheduled date and time in the presence of the

authorized representatives of the Service Providers, if any, who wish to be present on the spot

at that time. Only one person for each bidder shall be allowed to be present at the time of opening

the tender.

42) The Financial Bid of only those tenderers will be opened whose Technical bids are found to

be in order. The Financial bids shall be opened in the presence of the authorized

representatives of the technically qualified Service Providers, if any, who wish to be present on the

spot at that time. The lowest bidder(L1) in the Financial bid would be considered. In case the

lowest bidder (L1) is disqualified after selection for any reason then the second lowest (L2) bidder

would be considered by the committee.

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43) The competent authority of the Commissioner of Employment and Training , Gandhinagar,

Gujarat reserves the right to cancel all bids without assigning any reason.

44) The Authorized signatory shall submit the letter of authorization.

45) The quoted rates shall not be less than the minimum wage fixed/notified by the Government of

G u j a r a t and shall include all statutory obligations. The Service provider shall be liable for

all kinds of dues payable in respect of the personnel provided under the contract and the

government shall not be liable for any dues for availing the services of the personnel. The

Performance Security Deposit and the monthly bills will not be released until the service

provider produces proof of up to date payment of EPF & ESI contribution and others.

46) The registered office or one of the branch offices of the Service Provider should be located

within the jurisdiction of the user Department/Office. In case there is no branch office, the

successful bidder will have to open branch office within two months of the signing the agreement.

47) All documents submitted shall be consecutively numbered having signature of the authorized

signatory on each page and total number of pages shall be mentioned on the top sheet duly

signed by the authorized signatory. In case the tender document is signed by the authorized

signatory, a copy of the power of attorney/authorization may be enclosed along with the tender.

48) The CET reserves the right to call for any document in original including the bank account to

verify the veracity of the documents.

49) It will be Solely responsibility of the outsource agency to cover all allotted staff Under Group/

personal Accident Policy as per GAD G.R. No- MKM/ 2004/2539/1/KH3 Date-1/4/2010.

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: LEGAL CONDITION :

1. The persons deployed shall, during the course of their work be privy to certain qualified documents and information which they are not supposed to divulge to third parties. In view of this, they shall be required to take oath of confidentiality and breach of this condition shall make the Service Provider as well as the person deployed liable for penal action under the applicable laws besides, action for breach of contract.

2. The Service Provider shall be responsible for compliance of all statutory provisions relating to minimum wages payable to different types of worker in respect of the persons deployed by it in the Department or office concerned. The Department or office concerned shall have no liability in this regard. The Bidder should produce the evidence in respect of having made payments to the manpower provided as and when called for by the CET.

3. The Service Provider shall also be liable for depositing all taxes, levies, cess etc. on account of service rendered by it to the Department or office concerned to the concerned tax collection authorities, from time to time, as per the rules and regulations in the matter. Attested Xerox copies of such documents shall be furnished to the Department or office concerned.

4. The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the authority of the Department or office concerned or any other authority under Law

5. The Tax deduction at Source (T.D.S.) shall be done as per the provisions of Income Tax Act/ Rules, as amended, from time to time and a certificate to this effect shall be provided by the Department or office concerned.

6. In case, the Service Provider fails to comply with any liability under appropriate law, and as a result thereof, the Department or the office concerned is put to any loss / obligation, monetary or otherwise, the Department or the office concerned will be entitled to get itself reimbursed out of the outstanding bills or the Performance Security Deposit of the Service Provider, to the extent of the loss or obligation in monetary terms.

7. The Service Provider shall be held responsible for any loss/damage to the equipments and instruments of the CET provided to the manpower deployed by the Service Provider due to the negligence or willful damage as assessed by the CET.

8. The Agreement is liable to be terminated because of non-performance, deviation of terms and conditions of contract, non-payment of remuneration of employed persons and non-payment of statutory dues. The Department or Office concerned will have no liability towards non-payment of remuneration to the persons employed by the Service Provider and the outstanding statutory dues of the service provider to statutory authorities. If any loss or damage is caused to the Department or Office concerned by the persons deployed, the same shall be recovered from the unpaid bills or adjusted from the Performance Security Deposit. And legal Source.

9. The decision of CET (Gujarat) in regard to interpretation of the Terms & Conditions and

the Agreement shall be final and binding on the Service Provider.

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10. The Service Provider shall immediately provide a substitute in the event of any person leaving the job due to his/ her personal reasons.

11. If case of a death or mishap of any of the personnel of the service provider occurred during the duty, the compensation liability will solely rest with the service provider .

12. Any illegal activity or conduct by the personnel of the service provider that is harmful to the department will be rested wholly responsible to the service provider itself.

13. The Service Provider will be the details furnished by it to the Authority while submitting the tender or at subsequent stage. In case any of such documents furnished by the agency is found to be false at any stage, it would be deemed to be a breach of terms of Agreement making it liable for legal action besides termination of the Agreement.

14. The service Provider shall maintain all statutory registers under the law and shall produce the same, on demand , to the authority of the Department or office concerned or any other authority under law.

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: FINANCIAL CONDITION :

1. The Technical Bid should be accompanied with an Earnest Money Deposit (EMD) of

(Rs.78,00,000/-), refundable without interest, in the form of Demand Draft / Bank Guarantee drawn in favour of ' ' A c c o u n t O f f i c e r o f E m p l o y m e n t a n d T r a i n i n g ' ' G a n d h i n a g a r , G u j a r a t failing which the tender shall be rejected out rightly.

2. The Earnest Money Deposit in respect of the Service Provider who does not qualify the Technical Bid (First Stage) / Financial Bid (Second competitive stage) shall be returned to them without any interest. In case of successful tenderer, if the Service Provider fails to deploy the required manpower against the initial requirement within 15days from date of placing the order, the EMD shall stand forfeited without giving any further notice.

3. The successful tenderer will have to deposit a Performance Security Deposit of 5% of the total accepted tender value of manpower provided including statutory dues in the form of Bank Guarantee from any Nationalized Bank and as appear by Government of Gujarat for SD in favour of the CET ,Gandhinagar, Gujarat covering the period of contract within seven days from the date of signing of the agreement. In case, the contract is further extended beyond the initial period, the Bank guarantee will have to be accordingly renewed by the successful tenders. The amount of performance security deposit may be revised by the Authority taking into account the contractual obligation of the Service Provider.

4. In case of breach of any terms and conditions attached to this agreement, the Performance Security Deposit of the Service Provider shall be liable to be forfeited besides annulment of the Agreement.

5. The Service Provider shall raise the bill, in triplicate, along with attendance sheet duly verified by the Department or Office concerned in respect of the persons deployed and submit the same to the concerned Regional Dy. Director in the first week of the succeeding month. The Regional Dy. Director of the concerned Region shall pay the agreed amount on production of monthly bill. No other charges of any kind shall be payable.

6. The agency shall be solely responsible for compliance to the provisions of various labour and industrial laws, such as, wages, allowances, compensations, EPF, Bonus, ESI etc. relating to personnel deployed by it or for any accident caused to them and the CET shall not be liable to bear any expense in this regard. The Agency shall make payment of wages of a month to the personnel engaged by it by first working day of the succeeding month irrespective of any delay in settlement of its bill by the CET for whatever reason. The Agency shall also be responsible for the insurance of its personnel.

7. The Authority reserves the right to withdraw or relax any of the terms and condition mentioned above so as to overcome the problem encountered at a later stage.

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8. In the event of any dispute arising in respect of the clauses of the agreement the same shall be resolved through negotiation. Alternatively the dispute shall be referred to the next higher authority or controlling officer for his decision and the same shall be binding on all parties.

9. The registered office or one of the branch offices of the Service Provider should be located within the jurisdiction of the user Department/office. In case there is no branch office, the successful bidder will have to open branch office within two months of the signing the agreement.

10. All disputes shall be under the jurisdiction of the court at the place where the headquarters of the authority, who has executed the agreement, is located.

11. The successful bidder will enter into an agreement with this Department for supply of suitable and qualified manpower as per requirement of this Department on the above terms and conditions.

Note : These terms and conditions are part of the Contract / Agreement as indicated in the

Agreement between State Government and the Service Provider and any non- compliance shall be deemed as breach of the Contract/Agreement.

Declaration by the Tenderer :

This is to certify that I/We before signing this tender have read and fully understood all the terms and conditions contained herein and undertake myself/ourselves to abide by them.

(Signature of Tenderer with seal)

Address : Name : Phone No (O) : Seal : Date:

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: General Terms and Conditions :

1. The initial period of contract would be One Year. The manpower will have to be supplied by the agency within 15 days of award of contract. Terms and Conditions: As at Annexure I.

2. Only those who fulfill the following minimum criteria need submit their bids: a. The service provider firm shall fulfill the following qualification criteria : b. The service provider must have minimum turnover of Rs. 10 Crore per annum for the last

three consecutive years for manpower supply work C.A. certificate of last 3 years audit report and balance sheet attached here with tender. The bidder organization should be a profit making one in the preceding two financial years.

c. The service provider must have an experience and work completion certificate for at least three years for providing the minimum 1500 (Employee) Manpower at Industries / Educational Sector ,Government Departments for minimum 15(Fifteen) crores rupees amount work completion in the last three years.

d. Professional Tax Registration Number (Certificate code number of enrollment/revision of certificate of registration under sub-section (1) of section (5) at the Gujarat state tax on profession trades, calling and employment act, 1976

e. Employee Provident Fund Organization (Ministry of Labour, Govt. of India) Code No. f. E.S.I. Certificate showing the Code Number g. Valid Labor license for providing at least 500 Manpower Supply in Industries / Educational

Sector ,Government Departments. h. Labor welfare board Registration No. i. Service Tax Registration Number as a Manpower Recruitment Agency Service Tax

Registration j. Bank solvency Certificate Rs. 1 Crore Nationalized Bank (After date of Notice of Invitation

of tender) k. Police License Registration Number (All Gujarat) l. Employee Exchange Registration No. m. PF contribution must not be less than 25 lakh in last year n. ESI contribution must not be less than 09 lakh in last year o. The Agency must be ISO Certified. p. Agency have own training centre with training facilities. q. Agency has to provide the manpower for security purpose as per standard norms. r. Also, the service provider must supply the requisite testimonials as mentioned in the

formats. The information supplied by the services provider which do not contain the requisite testimonials, will not be considered for evaluation purpose.

s. .The service provider agency should be no case pending with the police against the Proprietor/Firm/Partner or the Company (Service Provider) and the Service Provider shall not have been blacklisted otherwise to be evidenced by attachment of an affidavit in this regard. It should not have been blacklisted by any Government organization

t. It should be willing to take up the contract on the terms and conditions at Annexure-I. u. An earnest money deposit of 78 lakhs in the form of demand draft/Bank Guarantee drawn

in favor of Account officer, Commissionerate of Employment & Training,

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Gandhinagar may be submitted along with the technical bid, failing which the bid shall not be considered valid. The separate cover submitted with documents. EMD will be refunded only when Bidder writes a letter on its own letter head prescribing Name/Place of the Bank and Account No.

v. The tenders should be submitted in two sealed covers. a) The first sealed cover should be super scribed “Technical Bid’ and should contain:-

1. The Performa at Annexure-II, duly filled in. 2. Agency profile including previous experience of manpower supply to Government

Departments etc. 3. Acceptance of terms and conditions at Annexure-I 4. Demand Draft for Earnest Money Deposit. 5. All other required documents as shown in instruction in bidder

b) The Second Sealed envelope super scribed ‘Price Bid’ should contain only rates which is to be quoted on monthly basis for normal duty of 8 hours per day per person as per working days. (Annexure-III).

w. Both the sealed covers should be placed in the main sealed envelope super scribed ‘Tender for supply for Outsourced staff’. This should be addressed to The Commissioner, Commissionerate of Employment & Training, Block No. 1, 3rd Floor, Dr. Jivraj Mehta Bhavan, Gandhinagar – 382010

x. The technical bids will be opened by the Tender Opening Committee on 15/02/2014 12.00 Hrs. in The office of The Commissioner, Commissionerate of Employment & Training, Block No. 1, 3rd Floor, Dr. Jivraj Mehta Bhavan, Gandhinagar – 382010, in the presence of the participating bidders, who may like to be present.

y. The CET will assess the ability of the agencies to supply requisite number of personnel in different categories based on its record, profile, and on such other criteria as it may fix and only those found fit will be eligible for financial bid opening.

Commissioner, Employment and Training

Gandhinagar

DOCUMENTS TO BE SUBMITTED BY THE SUCCESSFUL SERVICE PROVIDER DEPLOYMENT OF MANPOWER (When Authority Required)

1. List of Manpower shortlisted by service provider for deployment in containing full

details i.e. date of birth, marital status, address, educational qualification, photo ID Card provided by the security service provider etc.

2. Bio-data of all persons. 3. Any other document considered relevant.

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IMPORTANT DATA DO NOT OPEN – THIS IS A BID

PROJECT NAME

:

Sealed tenders are invited from experienced and reputed Manpower supplying Agencies for outsourcing of the services of various works in the 335 KVK Centers as detailed below:

Due Date :

Time :

From, To,

<Name of Bidder & Address>

The Commissioner, Commissionerate of Employment & Training, Block No. 1, 3rd Floor, Dr. Jivraj Mehta Bhavan, Gandhinagar – 382010 Gujarat, INDIA

<Phone no.> : (079)

<Fax no.> (079)

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To Be Pasted On Envelope Containing

Bid Security and Bid Document Fee

DO NOT OPEN – THIS IS A BID

PROJECT NAME

: Sealed tenders are invited from experienced and reputed Manpower supplying Agencies for outsourcing of the services of various works in the 335 KVK Centers as detailed below:

Due Date :

Time :

From, To,

<Name of Bidder & Address>

The Commissioner, Commissionerate of Employment & Training, Block No. 1, 3rd Floor, Dr. Jivraj Mehta Bhavan, Gandhinagar – 382010 Gujarat, INDIA

<Phone no.> : (079)

<Fax no.> (079)

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To Be Pasted On Envelope Containing Technical Bid

DO NOT OPEN – THIS IS A BID

Technical Bid – Original Copy PROJECT NAME

: Sealed tenders are invited from experienced and reputed Service Provider (Manpower supplying) Agencies for outsourcing of the services of various works in the 335 KVK Centers as detailed below:

Due Date :

Time :

From, To,

<Name of Bidder & Address>

The Commissioner, Commissionerate of Employment & Training, Block No. 1, 3rd Floor, Dr. Jivraj Mehta Bhavan, Gandhinagar – 382010 Gujarat, INDIA

<Phone no.> : (079)

<Fax no.> (079)

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CHAPTER – I

INSTRUCTIONS TO THE BIDDERS

ARTICLE-1: DEFINITIONS

In this document, unless the context specifies otherwise, the following words and phrases shall mean and include:

1) KVK Means Kaushalya Verdhan Kendra

2) “Agreement” means the document signed by the Authority and the successful bidder that incorporates any final corrections or modification to the tender and is the legal document binding both the parties to all terms and conditions for the award of the Contract.

3) “Authority” shall mean the Commissioner, Commissionerate of Employment & Training,

Block no. 1, 3rd Floor, Dr. Jivraj Mehta Bhavan, Gandhinagar – 382 010, Gujarat

4) “Bid” means the complete bidding document submitted by the bidders to the Authority and shall include any corrections, addenda and modifications made therein.

5) “Bidder” shall mean any firm but not an individual which is any of the following:

Company, Partnership, Society and Trust, eligible to participate in the tendering process and shall include the successful bidder during the currency of the Contract.

6) “Contract Period” shall mean entire term of the contract as indicated in the Article 1 of

Chapter IV of this tender document.

7) “Contract” shall include the Terms of Reference as outlined under Chapter III within time limits indicated under Article 1, Chapter IV for which the Bidder shall be paid in accordance with the terms and conditions of the Agreement.

8) “Corrupt Practice” means the offering, giving, receiving or soliciting of anything of value,

pressurizing to influence the action of a public official in the process of bidder selection and Contract execution.

9) “Government” shall mean the Government of Gujarat.

10) “Total Accepted Tender Value” means the total value of services and supplies as

approved to be provided by the successful bidder.

11) “Center” shall mean one or more schools located at various locations and are run by CET, Gandhinagar/ Kaushalya Vardhan Kendra.

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ARTICLE – 2 : ELIGIBILITY CRITERIA FOR BIDDERS

2.1 Qualification Criteria

2.1.1 The service provider firm shall fulfill the following qualification criteria : 2.1.2 The service provider must have minimum turnover of Rs. 10 Crore per annum for the last

three consecutive years for manpower supply work C.A. certificate of last 3 years audit report and balance sheet attached here with tender.the bidder organization should be a profit making one in the preceding two financial years.

2.1.3 The service provider must have an experience and work completion certificate for at least three years for providing the minimum 1500 (Employee) Manpower at Industries / Educational Sector ,Government Departments for minimum 15(Fifteen) crores rupees amount work completion in the last three years.

2.1.4 Professional Tax Registration Number (Certificate code number of enrollment/revision of certificate of registration under sub-section (1) of section (5) at the Gujarat state tax on profession trades, calling and employment act, 1976

2.1.5 Employee Provident Fund Organization (Ministry of Labour, Govt. of India) Code No. 2.1.6 E.S.I. Certificate showing the Code Number 2.1.7 Valid Labor license for providing at least 500 Manpower Supply in Industries / Educational

Sector ,Government Departments. 2.1.8 Labor welfare board Registration No. 2.1.9 Service Tax Registration Number as a Manpower Recruitment Agency Service Tax

Registration 2.1.10 Bank solvency Certificate Rs. 1 Crore Nationalized Bank (After date of Notice of Invitation

of tender) 2.1.11 Police License Registration Number (All Gujarat) 2.1.12 Employee Exchange Registration No. 2.1.13 PF contribution must not be less than 25 lakh in last year 2.1.14 ESI contribution must not be less than 09 lakh in last year 2.1.15 The Agency must be ISO Certified. 2.1.16 Agency have own training centre with training facilities. 2.1.17 There should be no case pending with the police against the Proprietor/Firm/Partner or

the Company (Service Provider) and the Service Provider shall not have been blacklisted otherwise to be evidenced by attachment of an affidavit in this regard.

2.1.18 The registered office or one of the branch offices of the Service Provider should be located within the jurisdiction of the user Department/Office. In case there is no branch office, the successful bidder will have to open branch office within the jurisdiction of the user Department/Office within two months of the signing the agreement.

2.1.19 Agency has to provide the manpower for security purpose as per standard norms. 2.1.20 Also, the service provider must supply the requisite testimonials as mentioned in the

formats. The information supplied by the services provider which do not contain the requisite testimonials, will not be considered for evaluation purpose.

2.1.21 The bidder organization should be a profit making one in the preceding two financial years.

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2.2 Financial Proposal 2.2.1 In the Financial proposal, the bidders are required to quote their total professional fees,

inclusive of taxes & duties and all out-of-pocket expenses (OPEs) for undertaking the assignment.

2.2.2 No advance or midterm payment will be done by this office, payment shall be admissible as per condition 14 Annexure-I

2.2.3 In case of any discrepancies in the prices mentioned in the figure and work, the prices mentioned in the words would be considered as final fee quote.

2.3 Selection of Service provider 2.3.1 The Commissioner, however, reserves the right to reject any or all the bids received,

without assigning any reasons and any liability to CET. 2.3.2 CET shall have absolute right to any tender in full or to approve rates of more than one

tender. The tenders sanctioned in this way shall be binding to all the tenders. 2.3.3 As far as possible, efforts will be made to sanction the rates of one tender However, if the

CET thinks it proper, the CET will appoint more than agency and shall be binding to all tenders.

2.4 Declaration: We solemnly declare that we have attached all the documents mentioned in P.T.F. and also

mentioned as above. We hereby confirm that non-compliance of any documents, will be treated as non-responsive tender and we will lose our claim to participate in the tender Enquiry and our bid will automatically liable to reject.

Place : Signature of the Bidder / Authorized person

Date : with Stamp

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CHAPTER-II

GENERAL TERMS AND CONDITIONS

ARTICLE - 1: CHECKLIST OF DOCUMENTS COMPRISING THE BID

1.1 The bid submitted shall have the following documents: Part-I Bid Security (EMD) and Bid Document Fee in the form prescribed in the Tender. Part – II

1. Bid document signed and sealed (with official seal) in Original (with photocopies in copy I) on all pages with all pages duly numbered.

2. A Project Proposal is to be submitted by the bidder as per the guideline provided for submission of proposal. (Refer Annexure- VI)

3. Registration Details : In case bidder is a University- Certified copy of the Universities registration and registration number Or In case bidder is a company- Certified copy of Certificate of incorporation for companies & Memorandum and Articles of Associations, Or In case the Bidder is a Society- Certified copy of registration deed with objects of constitution of society. Or In case Bidder is a Corporation- Authenticated copy of the parent statute. Or In case of Trust- Certified copy of the Trust Deed. Or

In case of Firm- Certified copy of the Registration Deed. Certified copies of documents submitted, as above, must be signed and carry the seal of the authorized signatory.

4. Documents in proof for matching Eligibility Criteria in Chapter I, Article 2 above duly signed by the authorized representatives of the bidder.

5. List of present Directors/ owners/ executive council members/ trustees/ Board members as applicable.

6. Current Service Tax Clearance Certificate and certified copy (duly signed) of Service Tax Registration Certificate.

7. General power of attorney/ Board of Directors resolution/ Deed of Authority contract and all correspondences/ documents thereof. Format for General Power of Attorney is given at Annexure-II.

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8. Audited Balance sheet and Income statement duly signed by the statutory auditors and authorized signatory/ies of the Bidder for the years 2010-11, 2011-12, 2012-13.

9. Clause by clause compliance statement for the whole Tender Document including all Annexures.

10. The tendering Service Providers are required to enclose photocopies of the following documents (duly self attested) along with the Technical Bid, failing which their bids shall be summarily rejected and will not be considered any further :

11. Copy of CA turnover certificate. 12. Copy of the IT returns filed and Audit Certificates for the last three consecutive financial

years duly certified by the Chartered Accountant. 13. Copy of the Balance Sheet and P&L Account for the last three consecutive years certified by the

Chartered Accountant 14. Copy of experience and work completion certificate for at least three years for providing the

minimum 1500 (Employee) Manpower at Industries / Educational Sector ,Government Departments for minimum 15(Fifteen) crores rupees amount work completion in the last three years.

15. Copy of the Professional Tax registration. 16. Copy of E.S.I. Certificate Code Number. 17. Copy of Valid Labor license for providing at least 500 Manpower Supply in Industries /

Educational Sector ,Government Departments. 18. Copy of Labor welfare board Registration No. 19. Copy of Service Tax Registration Number as a Manpower Recruitment Agency Service Tax

Registration 20. Copy of Bank solvency Certificate Rs. 1 Crore Nationalized Bank (After date of Notice of

Invitation of tender) 21. Copy of Police License Registration Number (All Gujarat) 22. Copy of Employee Exchange Registration No. 23. Copy of EPF challan last 15 months 24. Copy of ESI challan last 15 monts 25. Copy of ISO Certified. 26. Copy of Agency have own training centre with training facilities details with address 27. Copy of affidavit there should be no case pending with the police against the

Proprietor/Firm/Partner or the Company (Service Provider) and the Service Provider shall not have been blacklisted.

28. Copy of No. of employee on roll. 29. Copy of list of other clients. 30. All deviations and/ or non-compliance clauses shall be listed separately. 31. Details in the formats as given at Annexures. (Kindly check all Annexures)

Part-III Price Bid as per Annexure 1 to be submitted on-line. No deviations and/ or non- compliance clauses shall be allowed in the Financial Bid.

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ARTICLE – 2: BIDDING DOCUMENT Bidder is expected to examine all instructions, forms, terms and specifications in bidding documents. Failure to furnish all information required by bidding documents or submitting a Bid not substantially responsive to the bidding documents in every respect may result in the rejection of the Bid.

ARTICLE – 3: CLARIFICATION ON BIDDING DOCUMENTS Bidders can seek written clarifications before the date of pre-bid meet of the tender, to the

contact address: Commissionerate Of Employment & Training, 3rd Floor, Block No. 1, Dr.

Jivraj Mehta Bhavan, Gandhinagar – 382010, GUJARAT (India) Phone: 91-79-23253811, Fax:

91-79-23253835. The clarification shall be issued by the Authority during the pre-bid

meeting and/or will be published on the website www.nprocure.com. and

https://det.nprocure.com

ARTICLE – 4: AMENDMENT OF BIDDING DOCUMENTS

4.1 At any time prior to the deadline for submission of bids, Authority for any reason, whether at its own initiative or in response to the clarifications requested by prospective Bidders may modify the bidding documents by amendment.

4.2 Al l prospective Bidders may be notified of the amendment and such modifications will be binding on them. The same shall also be put up on the website www.nprocure.com

4.3 In order to allow prospective Bidders a reasonable time to take the amendment into account in preparing their bids, Authority, at its own discretion, may extend the deadline for the submission of bids.

ARTICLE – 5: LANGUAGE OF BID The Bid prepared by the Bidder, as well as all correspondence and documents relating to the Bid exchanged by the Bidder and Authority shall be in English. Supporting documents and printed literature furnished by the Bidder may be in another language provided they are accompanied by an accurate translation of the relevant pages in English. For purposes of interpretation of the bid, the translation shall govern.

ARTICLE – 6: COST OF BIDDING Bidder shall bear all costs associated with the preparation and submission of the Bid and Authority will in no case be responsible for those costs, regardless of the conduct or outcome of the bidding process.

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ARTICLE - 7: BID FORMS

7.1 Wherever a specific form is prescribed in the Tender Document, the Bidder shall use the form to provide relevant information. If the form does not provide space for any required information, space at the end of the form or additional sheets shall be used to convey the said information.

7.2 For all other cases, the Bidder shall design a form to hold the required information.

7.3 Authority shall not be bound by any printed conditions or provisions in the bidder's bid forms.

ARTICLE - 8: FRAUDULENT & CORRUPT PRACTICE

8.1 Fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a Contract and includes collusive practice among Bidders (prior to or after Bid submission) designed to establish bid prices at artificial on-competitive levels and to deprive the Authority of the benefits of free and open competition.

8.2 Authority will reject a proposal for award if it determines that the Bidder recommended for award has engaged in corrupt or fraudulent practices in competing for, or in executing, contract(s).

ARTICLE - 9: LACK OF INFORMATION TO BIDDER Bidder shall be deemed to have carefully examined all contract documents / this bid document to his entire satisfaction. Any lack of information shall not in any way relieve the Bidder of his responsibility to fulfill his obligation under the Contract. Also Bidder is required to make his own estimates regarding all costs associated with the Project, if required through site visits. The Authority shall not entertain any disputes in this regard after the bids have been submitted. Authority retains the right to ask for any missing information during the evaluation process.

ARTICLE - 10: CONTRACT OBLIGATIONS If after the award of the contract the Bidder does not sign the Agreement or fails to furnish the Performance Guarantee within the time limit prescribed by the Authority, Authority reserves the right to cancel the Contract and apply all remedies available to him under the terms and conditions of this document and Government Rules.

ARTICLE - 11: BID PRICE

11.1 The Price bid should indicate the prices in the format/price schedule given at Annexure – 1. Bidder shall categorically confirm strict compliance with the following stipulation in respect of their offer.

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a) Any effort by a Bidder or Bidder's agent/consultant or representative howsoever described to influence the Authority in any way concerning scrutiny/ consideration/ evaluation/ comparison of the bid or decision concerning award of contract shall entail rejection of the bid.

b) Bidder should indicate a single consolidated rate for Contract Period based on the payment terms specified in the Tender. c) Bids should be submitted directly by the Bidder. d) Price Bids of only qualified bidders as per eligibility criteria shall be opened.

11.2 Authority reserves the right to seek clarification/ justification from the Bidder on the bid price in case Authority deems it necessary. Based on the justification provided by the Bidder, if Authority feels that the price is unrealistic/ unfeasible in order to execute a project of this nature, Authority reserves the right to reject the said bid. The Bidders shall be governed by the decision of Authority.

ARTICLE - 12: BID CURRENCY For the services required in the Tender, the prices shall be quoted in Indian Rupees. Payment for such services as shall be made in Indian Rupees only.

ARTICLE - 13: BID SECURITY/ EARNEST MONEY DEPOSIT (EMD)

13.1 The Bidder shall furnish, as part of the Bid, a bid security for the amount as stated in Notice Inviting Online Tenders Section by DD in favor of “Account Officer of Employment & Training”, payable at Gandhinagar, issued by any Nationalized Bank in India in a separate envelope. Only after the confirmation of valid bid security, the Technical Bid will be opened.

13.2 No interest shall be paid on bid security.

13.3 Bid Security of Bidders not short-listed will be refunded within 30 days from the date of declaration of Short-listed Bidders. If the Bidder is short-listed then the Bid Security will be refunded within 30 days from the date of signing of the Agreement and submission of performance guarantee.

13.4 The successful bidder's Bid security will be discharged upon the Bidder signing the contract/ Agreement, and furnishing the Performance Guarantee.

13.5 The Bid security may be forfeited either in full or in part, at the discretion of Authority, on account of one or more of the following reasons:

a) Bidder withdraws its Bid during the period of Bid validity as stated in Article 14 below. b) Bidder does not respond to requests for clarification of their Bid. c) Bidder fails to co-operate in the Bid evaluation process, and d) In case of a successful Bidder, the said Bidder fails:

1) To sign the Agreement in time; or 2) To furnish Performance Guarantee

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ARTICLE - 14: PERIOD OF VALIDITY OF BIDS

14.1 Bids shall remain valid for 120 days after the date of Bid opening prescribed by Authority. A Bid valid for a shorter period shall be rejected as non-responsive.

14.2 In exceptional circumstances, the Authority may solicit Bidder's consent to an extension of the period of validity. The request and the responses thereto shall be made in writing. The Bid security shall also be suitably extended. A Bidder granting the request is not required nor permitted to modify the Bid.

ARTICLE - 15: FORMAT AND SIGNING OF BID

15.1 Bidder shall prepare required 2 copies of the technical bid, clearly marking each “Original Bid”

and “Copy of Bid” as appropriate. In the event of any discrepancy between them, the original shall govern.

15.2 The original and copy of the bid shall be typed or written in indelible ink and shall be signed by the Bidder or a person duly authorized (as per Annexure 2) to bind the Bidder to the Contract. All pages of the bid shall be initialed by the person or persons signing the bid.

15.3 The complete bid shall be without alteration or erasures, except those to accord with instruction issued by the Authority or as necessary to correct errors made by the Bidder, in which case such corrections shall be initiated by the person or persons signing the bid.

ARTICLE - 16: SEALING AND MARKING OF BID Bidder shall submit their bids in two separate parts in sealed envelopes super-scribed with due date, time, project and nature of bid (Bid Security, Technical).

Part: I Bid Document Fees and Bid Security in a separate sealed envelope superscribed with the Tender Document number.

Part: II Original and 1 copy of TECHNICAL BID complete with all technical and commercial details other than price. NOTE: Filling up prices in this bid will render the Bidder disqualified. The envelopes containing Part-I and Part-II of bid should be enclosed in a larger envelope duly sealed. The enclosed CUT-OUT Slips (Formats given in “Schedules for Invitation of Tenders” section) shall be filled and pasted on the envelopes. All pages of the offer must be signed.

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The outer envelope shall indicate the name and address of the Bidder to enable the bid to be returned unopened in cases it is declared `late'.

16.1 If the outer envelope is not sealed and marked as required, the Authority will assume no responsibility for the bid's misplacement or premature opening.

16.2 If these envelopes are not sealed and marked as required, the Authority will assume no responsibility for the bid's misplacement or premature opening and rejection.

ARTICLE - 17: BID DUE DATE

17.1 Bid must be received by the Authority at the address specified in the Tender Document not later than the date specified in the bid.

17.2 Authority may, at its discretion, on giving reasonable notice by fax or any other written communication to all prospective Bidders who have been issued the Tender documents, extend the bid due date, in which case all rights and obligations of the Authority and the Bidders, previously subject to the bid due date, shall thereafter be subject to the new bid due date as extended.

ARTICLE - 18: LATE BID / CONDITIONAL BID

18.1 Any bid received by the Authority after the bid due date/ time prescribed in the Tender

Document shall be rejected.

18.2 Any bid indicating conditions beyond those indicated in this Tender Document i.e. conditional bid shall be rejected.

ARTICLE 19: MODIFICATION AND WITHDRAWAL OF BID

19.1 The Bidder may modify or withdraw its Bid after the Bid's submission, provided that written notice of the modification included substitution or withdrawal of the bids, is received by the Authority prior to the deadline prescribed for submission of bids.

19.2 The Bidder's modification or withdrawal notice shall be prepared, sealed, marked and dispatched in a manner similar to the original Bid.

19.3 No Bid may be modified subsequent to the deadline for submission of bids.

19.4 No Bid may be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of Bid validity specified by the Bidder on the bid letter form. Withdrawal of a Bid during this interval may result in the Bidder's forfeiture of its Bid security.

36

ARTICLE - 20: OPENING OF BIDS BY THE AUTHORITY

20.1 Bids will be opened in the presence of Bidder's representatives, who choose to attend. The Bidder's representatives who are present shall sign a register evidencing their attendance.

20.2 Bidder's names, Bid modifications or withdrawals and the presence or absence of relevant Bid security and such other details as the Authority at his/her discretion, may consider appropriate, will be announced at the opening.

20.3 At the pre-decided time, the Authority contact person shall open the Technical Bids and list them for further evaluation. Any participating Bidder may depute a representative to witness these procedures.

ARTICLE - 21: CONTACTING THE AUTHORITY

21.1 Bidder shall not approach the Authority officers outside of office hours and/ or outside the Authority premises, from the time of the Bid opening to the time the Contract is awarded.

21.2 Any effort by a Bidder to influence the Authority officers in the decisions on Bid evaluation bid comparison or contract award may result in rejection of the Bidder's offer. If the Bidder wishes to bring additional information to the notice of the Authority, it should do so in writing.

ARTICLE - 22: BID EVALUATION Authority is not bound in any manner to select any of the bidders submitting bids or to select the bidder offering the lower price.

ARTICLE - 23: AUTHORITY’S RIGHT TO VARY SCOPE AT TIME OF AWARD If any change in Scope of the Contract causes an increase or decrease in the cost of, or the time required for, the Bidder performance of any part of the work under the Contract, an equitable adjustment shall be made in the Contract Price or schedule of implementation, or both, and the Contract, shall, accordingly be amended. Any claims by the Bidder for adjustment under this Para must be asserted within thirty (30) days from the date of the Bidder receipt of the Authority changed order. ARTICLE - 24: AUTHORITY’S RIGHT TO ACCEPT AND TO REJECT ANY/ ALL BIDS

Authority reserves the right to reject any Bid and to annul the bidding process and reject all bids at any time prior to award of Contract. Without thereby incurring any liability to the affected Bidder(s) or any obligation to inform the affected Bidder(s) of the grounds for such decision.

37

ARTICLE - 25: NOTIFICATION OF AWARD & SIGNING OF CONTRACT

25.1 Prior to expiry of the period of Bid validity, the Authority will notify the successful Bidder in writing that its Bid has been accepted and send the successful Bidder the Contract Form.

25.2 Within 10 days of receipt of the Contract Form, the successful Bidder shall sign and date the contract and return it to the Authority. If the successful Bidder thus selected fails to sign the contract as stipulated, the Authority reserves the right to offer the contract to the next lowest Bidder.

ARTICLE - 26: PERFORMANCE GUARANTEE

26.1 The contract performance guarantee has to be submitted within TEN days of receipt of contract

form. The performance guarantee shall be 5% of the Total Accepted Tender Value. The performance guarantee can be in the form of bank guarantee, which shall be valid for duration of 180 days beyond the expiry of contract period.

26.2 If the successful Bidder fails to remit the performance guarantee within the time stated for the submission of the same by the Authority, the Bid Security remitted by him will be forfeited by the Authority and his bid will be held void.

26.3 Upon the successful Bidder's furnishing of performance guarantee and signing of contractual documents, the Authority will promptly notify all short-listed Bidders and will refund their Bid Security.

26.4 Format for Performance Guarantee is given at Annexure-3.

26.5 The Performance Guarantee of the successful Bidder shall be refunded within two months from the expiry of the contract period and on satisfaction of the Authority for execution of the work/ settlement of disputes, if any.

ARTICLE - 27: PAYMENT TERMS TO SERVICE PROVIDING AGENCY

27.1 The concerned KVK Coordinator shall prepare the absentee statement of the Outsource staff engaged in the K V K by 2nd day of succeeding month of engagement. 27.2 It is the duty & responsibility of the Service Provider Agency to collect the absentee tatement from the concerned KVK Coordinator by 3rd day of succeeding month of engagement. The concerned KVK Coordinator shall provide the absentee statement to the Service providing agency. 27.3 The Service Provider Agency shall make payment to the Outsource staff engaged by them in

the concerned KVK as per the absentee statement for the number of days engaged, from their account by 6th day of the succeeding month of engagement and Shall have to submit bill to respective Regional Deputy Director Office for Payment. To calculate take home remuneration for fraction of a month, each month will be considered as 30 days. The payment to the Outsource staff shall be made through e-payment System in concern’s Bank Account by Agency .

27.4 The service provider shall raise bills in duplicate, by 6th day of succeeding month in the prescribed proforma. Payment shall be released within 20 days of receipt of bills by the concerned Regional Deputy Director Office .

38

27.5 The Service Provider shall be responsible for timely payment of take home remuneration to the Outsource staff and deposit of EPF and ESI (both employee and employer share) to Respective Authority/ Department.

27.6 The Service Provider has to submit proof of deposit of EPF and ESI amount before submission of next month bill with individually details of name.

27.7 The statutory deduction of income tax and others if any shall be deducted from the bill. 27.8 The Authority reserves the right to withdraw or relax any of the terms and condition mentioned

above so as to overcome the problem encountered at a later stage. 27.9 In the event of any dispute arising in respect of the clauses of the agreement the same shall

be resolved through negotiation. Alternatively the dispute shall be referred to the next higher authority or controlling officer for his decision and the same shall be binding on both parties.

27.10 All disputes shall be under the jurisdiction of the court at the place where the headquarters of the authority, who has executed the agreement, is located.

ARTICLE - 28: PENALTY Authority will levy penalty in case the Bidder fails to provide the services specified by the Authority in the ToR of this tender document. The amount of penalty shall be commensurate with the nature of the breach/ defect/ deviation/ fault and as decided by Authority. Such an amount payable by the Service Provider shall be final and binding and shall not exceed 15% of the Total Accepted Tender Value of the bidder for the Contract Period. On the Service Provider repeatedly failing to rectify the faults within the time period as stated by the Authority, the Authority is free to cancel / terminate the Contract by giving one month notice. Also, the Authority may, at its discretion, get the deviations, faults attended/ rectified by any other agency at the risk and cost of the Service Provider and the same will be recovered from the Service Provider.

ARTICLE -29: PATENT RIGHTS Service Provider shall indemnify the Authority against all third-party claims of infringement of patent, trademark/ copyright arising from the use of services or any part thereof. ARTICLE -30: AUTHORITY’S RIGHT TO AWARD CONTRACT TO ONE OR MORE

BIDDERS Authority reserves the right to award the Contract to one or more Service Provider/s and split the order for different centers among different Service Providers.

ARTICLE - 31: BIDDER TO VISIT THE SITE BEFORE QUOTING ITS BID The bidder has to personally visit the site and take into consideration all the factors before quoting its bid. All aspects of cost shall be deemed to have been covered before bidder has quoted its price in the Price Bid. No disputes shall be entertained regarding any factor that has been neglected or overlooked once the bid has been submitted by the bidder.

39

CHAPTER – III

TERMS OF REFERENCE (ToR)

ARTICLE – 1: INTRODUCTION

Authority wishes to deploy qualified experienced Person from experienced and reputed Service Provider (Manpower supplying )Agencies for outsourcing of the services of various works in the 335 KVK Centers. Details of the facilities are mentioned herein in this ToR.

ARTICLE-2: DETAILS OF SERVICES TO BE PROVIDED

Name of Work bid is invited for Supplying Manpower for various assignments of below Shown categories and educational qualifications

SR NO

DESIGNATION QUALIFICATION EXPEREINCE NATURE OF DUTY

1 FACULTY Degree or Diploma in concern Discipline OR

To complete the Syllabus in time limit. To train the trainees Theoretical as well as Practical also. To maintain the record of progress of the skill development of the trainees. Motivation of trainees. Periodical test and any other assignment given time to time.

ITI with related Trade.

Minimum Three Years Experience in Concern Field.

40

2 Multi Skilled Assistant.

Diploma in Engineering or Technology. Graduate from any Discipline. Passed Computer competency certificate.

Minimum One year experience for any type of work shown in the nature of duty column.

Data Entry Clerical work. Account. Purchase of row materials / Equipments. Maintain necessary Record. Store in Charge.

3 Security Guard. 8th Std. Pass. Minimum 5 Years Experience with Government / Semi-Government Organization. Ex-Serviceman (Army, Defense, Navy etc...) is Preferable.

Maintaining security of KVK infrastructure Maintain discipline. Watch the KVK Centre, Watch the Infrastructure facilities as Well as entry of Trainees with Authentication.

4 House Keeper 8th Std. Pass. Minimum 1 Year Experience with any Organization.

Keep clean hygienically all the infrastructure facilities including Class Rooms, Training Area and Public utilities also.

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TECHNICAL REQUIREMENTS FOR MANPOWER TO BE DEPLOYED BY THE SUCCESSFUL SERVICE PROVIDER IN THE CET, Gandhinagar, Gujarat

Sl.

No.

Designation of the

Employee

Age Qualification

1) Faculty He /she should be above 18 years of age and not

exceeding 35 years

Degree or Diploma in concern Discipline OR ITI with related Trade Minimum Three Year Experience in Concern field

2) Multi Skill Assistance

He/she should be above 18 years of age and not

exceeding 35 years

Graduate From Any Discipline With CCC Or CCC+ Certificate and minimum 1 year Experience in Clerical Job.

3) Security Guard

He should be above 18 years of age and not exceeding 35 years

8th Std. Pass Minimum 5 Years Experience in Govt./Semi Govt./ Pvt Organization. Ex. Serviceman is preferable

4) House Keeper He/she should be above 18 years of age and not exceeding 45 years

8th Std. Pass Minimum 1 Years Experience in Govt./Semi Govt./ Pvt Organization.

ARTICLE -3: ADDITIONAL SCOPE The number of centers shown in the indicate list may also vary at the time of giving work order.

42

CHAPTER – IV

SPECIAL TERMS AND CONDITIONS OF CONTRACT

ARTICLE - 1: CONTRACT PERIOD This service shall commence from the date of signing of the Agreement and shall continue thereafter for a period of one (1) year. This service shall be reviewed by Authority every quarter. In case of unsatisfactory performance of the Service Provider, the Contract may be terminated by Authority.

ARTICLE -2: BIDDER’S OBLIGATION

2.1 Service Provider shall appoint, an authorised person not lower than the rank of Senior Manager as “Co-ordinator - Service Provider” to co-ordinate with the Authority in all matters related to Service Provider for the successful implementation and operation of the project and to be responsible for all necessary exchange of information.

2.2 Service Provider shall provide all assistance to the Authority representative/s as they may reasonably require for the performance of their duties and services.

2.3 Service Provider shall appoint, supervise, monitor and control the activities of suppliers under their respective agreements as may be necessary.

2.4 Service Provider shall be responsible for all statutory obligations/ liabilities like Salary, ESI. PF, etc. as per Labour Laws for the manpower employed by it.

ARTICLE - 3: AUTHORITY'S OBLIGATIONS

3.1 Grant in a timely manner all such approvals, permissions and authorizations which the Service Provider may require or is obliged to seek from in connection with implementation of the project and the performance of the Service Provider obligations.

3.2 Authority shall release the funds in a timely manner, after satisfying itself of all the project-

related, statutory and accounting aspects, so as to enable the Service Provider to satisfactorily implement the project and perform its obligations.

3.3 Authority shall appoint, an authorised person as ‘Coordinator – Authority’ to coordinate with the Service Provider in all matters related to Authority for the successful implementation of the project and to be responsible for all necessary exchange of information required.

43

ARTICLE -4: ACCEPTANCE AND QUALITY CHECK BY THIRD PARTY AGENCY The Acceptance Tests, which shall involve testing of the entire set up as prescribed by the Authority by a Third Party Agency, shall be conducted by the Service Provider in the presence of a Committee of experts or institution nominated by the Authority. The Acceptance Test must be completed by the Service Provider to the satisfaction of the Committee of experts or institution within a time frame specified by the Authority. Authority reserves the right to evolve a procedure of quality checking to ensure that the services provided by the Service Provider are as per are according to the prescribed terms and conditions in this tender.

ARTICLE - 5: LIQUIDATED DAMAGES In the event of failure of the Service Provider to secure Acceptance by Authority, before the commencement date as prescribed by the Authority, the Authority reserves the option to recover from the Service Provider as liquidated damages and not by way of penalty, 10% of the Total Accepted Tender Value of the Service to be rendered for the period after the said commencement date, until acceptance without prejudice to other remedies under the contract.

ARTICLE - 6: TERMINATION OF THE CONTRACT

6.1 If Authority finds that Service Provider does not provide services in line with tender conditions for Fifteen (15) days continuously or for fifteen (15) days intermittently in a month at a specified output level due to reasons attributable to Service Provider, it may give a Notice rectify the defect/ deviation on an immediate basis. On failure of Service Provider to do so, Authority may at its sole discretion, terminate the Contract after giving adequate notice for termination.

6.2 If Authority finds that during the Contract Period, there are substantial deviations from tender specifications and the bidder’s Proposal, it shall ask for rectification within a reasonable time frame. On failure of Service Provider to do so, it may terminate the contract after giving adequate Notice.

6.3 At any time during the Contract Period, Authority has the right to cancel the Contract after giving a notice of 30 days, if the Service Provider commits breach of any or all conditions of the contract and fails to remedy the breach within the time frame by the Authority. Breach of Contract includes, but not limited to, the following: a) Service Provider stops work and such stoppage has not been authorized by the Authority. b) Service Provider may become bankrupt or goes into liquidation other than for project or amalgamation. c) Authority gives notice to correct a particular defect/ irregularity and the Service Provider fails to correct such defects/ irregularity within a reasonable period of time determined by the Authority. d) Service Provider is found to act in selfish interest and not in interest of the beneficiaries. e) Serious misconduct/ accident on part of the Service Provider.

6.4 If the contract is terminated by the Government of Gujarat/ the Department unilaterally, the Government will pay to the Service Provider remaining amount, if any, for the payment for service charges for the period for which the service has been rendered and all other claims through mutually agreeable settlement.

44

ARTICLE - 7: “NO CLAIM” CERTIFICATE

The Service Provider shall not be entitled to make any claim, whatsoever, against the Authority, under or by virtue of or arising out of this Contract, nor shall the Authority entertain or consider any such claim, if made by the Service Provider and the Service Provider shall have signed a “No Claim” Certificate in favour of the Authority in such forms as shall be required by him after the works are finally accepted.

ARTICLE - 8: SUSPENSION

The Authority may, by a written notice of suspension to the Service Provider, suspend the Contract if the Service Provider fails to perform any of its obligations under this Contract (including the carrying out of the services) provided that such notice of suspension: 1) Shall specify the nature of the failure and 2) Shall request the Service Provider to make good such failure within a specified period from the date of receipt of such notice of suspension by the Service Provider.

ARTICLE - 9: OWNERSHIP OF DATABASE AND ASSET The ownership of database as and when created in the course of the execution of the work under this tender during the contract period without any liability will be automatically vested with the Authority. None of the physical facility and manpower created under this tender shall be transferred to Authority at the end of the Contract Period, except the capital expenditure made by the Authority.

ARTICLE - 10: DETAILS TO BE KEPT CONFIDENTIAL Service Provider shall treat the details of the contract as private and confidential, save in so far as may be necessary for the purposes thereof, and shall not publish or disclose the same or any particulars thereof in any trade or technical paper or elsewhere without the previous consent in writing of the Authority. If any dispute arises as to the necessity of any publication or disclosure for the purpose of the Contract the same shall be referred to the Authority whose decision shall be final. Service Provider or his representative should neither disclose the data of project nor sell the data or use it for commercial exploitation or research work without the written permission of the Authority.

ARTICLE - 11: TRANSFER OF RIGHTS

Service Provider shall not transfer the Contract to anybody except with the prior permission of the Authority.

45

ARTICLE - 12: IMPLEMENTATION SCHEDULE Service Provider is required to commence operations as per scope of activities from the date of signing of Agreement/ Letter of Acceptance.

ARTICLE - 13: INSPECTION REPORT AND MONITORING Monthly Inspection Reports are to be prepared by the Service Provider and submitted to the Authority within 7 days of the start of the next month. These Inspection Reports shall be evaluated by the Authority and at HO level and necessary changes will be suggested that the Service Provider has to incorporate at its own cost. Also, concurrent monitoring and inspection shall be done by KVK Authority / Commissioner, Commissionerate of Employment & Training, Gandhinagar.

46

CHAPTER –V

PROFORMA FOR FINANCIAL BID

COMMISSIONERATE OF EMPLOYMENT & TRAINING

GANDHINAGAR, GUJARAT PRICE QUOTATION FORM

(TO BE SUBMITTED ONLINE ONLY)

NAME AND FULL ADDRESS OF TENDERER:

To,

The Commissioner, Commissionerate of Employment & Training, Dr. Jivraj Mehta Bhavan, Block No.1, 3rd Floor, Gandhinagar, Gujarat

Dear Sir,

We have gone through whole bidding documents (Pre qualification), we the undersigned

offer to undertake the responsibility of supplying manpower as shown below.

We hereby confirm that, this Bid complies with Bid validity and EMD require. We also

under take if our Bid is accepted, we abide all tender conditions as specified in pre qualification

Bid.

We understand that the Commissioner, Commissionerate of Employment & Training

reserves the right to reject, any Bid and to annul the bidding process and reject all Bids at any time

prior to award of contract without there by incurring any liability to the affected bidder or bidders,

or any obligation to inform the affected bidders of the grounds for the

The details of the prices for supplying below mentioned manpower.

47

1. Rate per month per person for-KVK center Under Regional Deputy Director Ahmedabad. 1. Name of tendering Service Provider :

2. Rate per person per month inclusive of all statutory liabilities, taxes, levies, cess etc:

Statement -1 (Including ESI wherever Applicable )

Sr. No.

Manpower Type

Monthly Rate per person

Take home remuneration

per month

EPF(13.61%)

ESI (4.75%)

Other statutorydues if

any

Service Charge /Commi ssion of Service Provider

Service tax

Total per

person

1. Faculty

2. Multi Skilled Assistant.

3. Security Guard.

4. House Keeper

Statement -2 (where ESI Not Applicable )

SI. No.

Manpower Type

Monthly Rate per person

Take home remuneration

EPF (13.61%)

Other statutory dues if

any

Service Charge /Commi ssion of Service Provider

Service tax

Total per person

1. Faculty

2. Multi Skilled Assistant.

3. Security Guard.

4. House Keeper

Date: Signature of the authorized person

Place: Name: Seal:

48

Notes:

1. The minimum take home remuneration for FACULTY is Rs.9,400/- (Including

Employee’s own ESI , EPF, P.T. contribution),for Multi Skill Assistant , Security

Guard And House Keeper The take home remuneration shall not be less than the

minimum wage fixed/notified by the Government of Gujarat. (Including

Employee’s own ESI , EPF, P.T. contribution)

2. The total rates quoted by the tendering Service Provider should be inclusive of all

statutory/ taxation liabilities in force at the time of entering into the contract.

The Authority will have no liability in relation to any statutory or other dues.

3. The payment shall be made on conclusion of the calendar month only considering

government holidays. no.of working days for which duty has been performed

by each manpower as certified by the Authority.

4. Services Charges of the tenderer over total rate,(0% Services charges

Would not be acceptable)

5. Break up of statutory benefits in %.( e.g. Dress, Shoes, Bonus, etc.)

6. A list of clients should be enclosed, giving the details such as name,

Address, phone no.,

49

2. Rate per month per person for-KVK center Under Regional Deputy Director , Vadodara. 1. Name of tendering Service Provider :

2. Rate per person per month inclusive of all statutory liabilities, taxes, levies, cess etc:

Statement -1 (Including ESI wherever Applicable )

Sr. No.

Manpower Type

Monthly Rate per person

Take home remuneration

per month

EPF(13.61%)

ESI (4.75%)

Other statutorydues if

any

Service Charge /Commi ssion of Service Provider

Service tax

Total per

person

1. Faculty

2. Multi Skilled Assistant.

3. Security Guard.

4. House Keeper

Statement -2 (where ESI Not Applicable )

SI. No.

Manpower Type

Monthly Rate per person

Take home remuneration

EPF (13.61%)

Other statutory dues if

any

Service Charge /Commi ssion of Service Provider

Service tax

Total per person

1. Faculty

2. Multi Skilled Assistant.

3. Security Guard.

4. House Keeper

Date: Signature of the authorized person

Place: Name: Seal:

50

Notes:

1. The minimum take home remuneration for FACULTY is Rs.9,400/- (Including

Employee’s own ESI , EPF, P.T. contribution),for Multi Skill Assistant , Security

Guard And House Keeper The take home remuneration shall not be less than the

minimum wage fixed/notified by the Government of Gujarat. (Including

Employee’s own ESI , EPF, P.T. contribution)

2. The total rates quoted by the tendering Service Provider should be inclusive of all

statutory/ taxation liabilities in force at the time of entering into the contract.

The Authority will have no liability in relation to any statutory or other dues.

3. The payment shall be made on conclusion of the calendar month only considering

government holydays. no.of working days for which duty has been performed

by each manpower as certified by the Authority.

4. Services Charges of the tenderer over total rate,(0% Services charges

Would not be acceptable)

5. Break up of statutory benefits in %.( e.g. Dress, Shoes, Bonus, etc.)

6. A list of clients should be enclosed, giving the details such as name,

Address, phone no.,

51

3. Rate per month per person for-KVK center Under Regional Deputy Director , Rajkot 1. Name of tendering Service Provider :

2. Rate per person per month inclusive of all statutory liabilities, taxes, levies, cess etc

Statement -1 (Including ESI wherever Applicable )

SI. No.

Manpower Type

Monthly Rate per person

Take home remuneration

EPF(13.61%)

ESI(4.75%)

Other statutory dues if

any

Service Charge /Commi ssion of Service Provider

Service tax

Total per

person

1. Faculty

2. Multi Skilled Assistant.

3. Security Guard.

4. House Keeper

Statement -2 (where ESI Not Applicable )

SI. No.

Manpower Type

Monthly Rate per person

Take home remuneration

EPF (13.61%)

Other statutory dues if

any

Service Charge /Commi ssion of Service Provider

Service tax

Total per person

1. Faculty

2. Multi Skilled Assistant.

3. Security Guard.

4. House Keeper

Date: Signature of the authorized person

Place: Name: Seal:

52

Notes:

1. The minimum take home remuneration for FACULTY is Rs.9,400/- (Including

Employee’s own ESI , EPF, P.T. contribution),for Multi Skill Assistant , Security

Guard And House Keeper The take home remuneration shall not be less than the

minimum wage fixed/notified by the Government of Gujarat. (Including

Employee’s own ESI , EPF, P.T. contribution)

2. The total rates quoted by the tendering Service Provider should be inclusive of all

statutory/ taxation liabilities in force at the time of entering into the contract.

The Authority will have no liability in relation to any statutory or other dues.

3. The payment shall be made on conclusion of the calendar month only considering

government holydays. no.of working days for which duty has been performed

by each manpower as certified by the Authority.

4. Services Charges of the tenderer over total rate,(0% Services charges

Would not be acceptable)

5. Break up of statutory benefits in %.( e.g. Dress, Shoes, Bonus, etc.)

6. A list of clients should be enclosed, giving the details such as name,

Address, phone no.,

53

4. Rate per month per person for-KVK center Under Regional Deputy Director , Surat. 1. Name of tendering Service Provider :

2. Rate per person per month inclusive of all statutory liabilities, taxes, levies, cess etc:

Statement -1 (Including ESI wherever Applicable)

SI. No.

Manpower Type

Monthly Rate per person

Take home remuneration

EPF(13.61%)

ESI(4.75%)

Other statutory dues if

any

Service Charge /Commi ssion of Service Provider

Service tax

Total per

person

1. Faculty

2. Multi Skilled Assistant.

3. Security Guard.

4. House Keeper

Statement -2 (where ESI Not Applicable)

SI. No.

Manpower Type

Monthly Rate per person

Take home remuneration

EPF (13.61%)

Other statutory dues if

any

Service Charge /Commi ssion of Service Provider

Service tax

Total per person

1. Faculty

2. Multi Skilled Assistant.

3. Security Guard.

4. House Keeper

Date: Signature of the authorized person

Place: Name: Seal:

54

Notes:

1. The minimum take home remuneration for FACULTY is Rs.9,400/- (Including

Employee’s own ESI , EPF, P.T. contribution),for Multi Skill Assistant , Security

Guard And House Keeper The take home remuneration shall not be less than the

minimum wage fixed/notified by the Government of Gujarat. (Including

Employee’s own ESI , EPF, P.T. contribution)

2. The total rates quoted by the tendering Service Provider should be inclusive of all

statutory/ taxation liabilities in force at the time of entering into the contract.

The Authority will have no liability in relation to any statutory or other dues.

3. The payment shall be made on conclusion of the calendar month only considering

government holydays. no.of working days for which duty has been performed

by each manpower as certified by the Authority.

4. Services Charges of the tenderer over total rate,(0% Services charges

Would not be acceptable)

5. Break up of statutory benefits in %.( e.g. Dress, Shoes, Bonus, etc.)

6. A list of clients should be enclosed, giving the details such as name,

Address, phone no.,

55

ANNEXURE – 2 - PROFORMA OF GENERAL POWER OF ATTORNEY (To be signed

and executed on non- judicial Stamp Paper of Rs. 10/-)

GENERAL POWER OF ATTORNEY

Be it known all to whom it concern that:

1. Sri/Smt___ S/O________________Residing at_________________ 2. Sri/Smt___ S/O________________Residing at_________________ 3. Sri/Smt___ S/O________________Residing at_________________

I/ We all the Partners/ Directors/ Board members/ trustees/ Executive council members / Leaders of M/S ______________________ having its registered office at hereby appoint Sri residing at ______

S/O as my/our attorney to act

my/our name and on behalf and sign and execute all Documents/ Agreements binding the firm for all contractual obligations (including reference of cases to arbitrators) arising out of contracts to be entered into by the company/ Corporation/ society/ trust/ firm with the Office of ……………………………… (Authority), Gandhinagar 382021 in connection with its tender No. dated For due for opening on . In short, he is fully authorized to do all, each and everything requisite for the abovepurpose concerning M/s and I/We hereby agree to confirm and ratify his all and every act of this or any documents executed by my/ our said Attorney within the scope of the authority hereby conferred on him including references of cases to arbitration and the same shall be binding on me/ us and my/ our company/ Corporation/ society/ trust/ firm as if the same were executed by me/ us individually or jointly. Witness (With address) Signature of the Partners/ Directors/ Board Members Executives/ Trustees/ Council members

56

ANNEXURE - 3

FORMAT FOR PERFORMANCE GUARANTEE (On Non-Judicial Stamp Paper)

To be stamped according to Stamp Act and to be in the name of the executing Bank To: THE COMMISSIONER COMMISSIONERATE OF EMPLOYMENT & TRAINING Block no. 1, 3rd Floor, Dr. Jivraj Mehta Bhavan, Gandhinagar – 382 010, Gujarat In consideration of the COMMISSIONER, COMMISSIONERATE OF EMPLOYMENT & TRAINING, GANDHINAGAR having its registered office at Block no. 1, 3rd floor, Dr. Jivraj Mehta Bhavan, Gandhinagar 382010 (hereinafter called the “Authority” which expression shall unless repugnant to the subject or context include its administrators successors and assigns) having agreed under the terms and conditions of the Award Letter bearing No dated ____ issued by the Authority, Block no. 1, 3rd floor, Dr. Jivraj Mehta Bhavan, Gandhinagar 382010 which has been unequivocally accepted by the Vendor (refer NOTE below) work of (hereinafter called the said Contract) to accept a Deed of Guarantee as herein provided for Rs. (Rupees only) from a Bank, in lieu of the security deposit, to be made by the Vendor or in lieu of the deduction to be made from the Vendor’s bill, for the due fulfillment by the said Vendor of the terms and conditions contained in the same Contract. We the (hereinafterreferred to be “the said Bank” and having our registered office at do hereby undertake and agree to indemnify and keep indemnified to the Authority from time to time to the extent of Rs. (Rupees only) against any loss or damage, costs charges and expenses misused to or suffered by or that may be caused to or suffered by the Authority by reason of any breach or breaches by the Vendor and to unconditionally pay the amount claimed by the Authority on demand and without demand to the extent aforesaid. We, Bank, further agree that the Authority shall be the sole judge of and as to whether the said Vendor has committed any breach or breaches of any of the terms and conditions of the said Contract and the extent of loss, damage, costs, charges and expenses caused to or suffered by or that may be caused to or suffered by the Authority on account thereof and the decision of the Authority that the said Vendor has committed such breach or breaches and as to the amount or amounts of loss, damage, costs charges and expenses caused to or suffered by or that may be caused to or suffered by the

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Authority from time to time shall be final and binding on us.

1) We, the said Bank, further agree that the Guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said contract and till all the dues of the Authority under the said Contract or by virtue of any of the terms and conditions governing the said Contract have been fully paid and its claims satisfied or discharged and till the owner certifies that the terms and conditions of the said Contract have been fully and properly carried out by the Vendor and accordingly discharges this Guarantee subject, however, that the Authority shall have no claim under the Guarantee after 180 (One Hundred Eighty) days from the date of expiry of the contract period.

2) The Authority shall have the fullest liberty without affecting in any way the liability of the Bank under this Guarantee or indemnity, from time to time to vary any of the terms and conditions of the said contract or to extend time of performance by the said Vendor or to postpone for any time and from time to time any of the powers exercisable by it against the said Vendor and either to enforce or forbear from enforcing any of the terms and conditions governing the said contract or securities available to Authority and the said Bank shall not be released from its liability under these presents by any exercise by the Authority of the liberty with reference to the matters aforesaid or by reason of time being given to the said Vendor or any other forbearance, act or omission on the part of the Authority or any indulgence by the Authority to the said Vendor or any other matter or thing whatsoever which under the law relating to sureties would but for this provision have effect of so releasing the Bank from its such liability.

3) It shall not be necessary for the Authority to take legal action against the Vendor before proceeding against the Bank and the Guarantee herein contained shall be enforceable against the Bank, notwithstanding any security which the Authority may have obtained or obtain from the Vendor shall at the time when proceedings are taken against the Bank hereunder be outstanding or unrealised.

4) We, the said Bank, lastly undertake not to revoke this Guarantee during its currency except with the previous consent of the Authority in writing and agree that any change in the Constitution of the said Vendor or the said Bank shall not discharge our liability hereunder. If any further extension of this Guarantee is required the same shall be extended to such required periods on receiving instructions from M/s. on whose behalf this guarantee is issued. For and on behalf of (the bank) Signature

Name & Designation ___________ Authorization No.___________________

Date and Place___________________________________________________________ Bank Seal_______________________________ The above guarantee is accepted by the Authority.

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NOTES :

FOR PARTNERSHIP CONCERNS M/s. _______ a partnership firm with its office (hereinafter called “the said Vendor” which expression shall unless the context requires otherwise include their heirs, executors, administrators and legal representatives); the name of their partners being 1) Shri S/o __________________________ 2) Shri S/o __________________________ FOR COMPANIES M/s. a company registered under the Companies Act 1956 and having its registered office in the State of (hereinafter called “the said Vendor” which expression shall unless the context requires otherwise include its administrators, successors and assigns). FOR TRUST M/s. a company registered under the Bombay Public Trust Act 1850 and having its registered office in the State of (hereinafter called “the said Vendor” which expression shall unless the context requires otherwise include its administrators, successors and assigns). FOR SOCIETIES M/s. a company registered under the Societies Registration Act, 1860 and having its registered office in the State of (hereinafter called “the said Vendor” which expression shall unless the context requires otherwise include its administrators, successors and assigns).

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ANNEXURE – 4 – Technical Bid Form

(Profile of the Bidder)

Sr. No.

Particulars Registration No. Date

1. Name of the Agency

2. Details of EMD

(i) Amount

(ii) Draft No.

(iii) Date

(iv) Issuing Bank

3. Date of establishment of the Agency

4. Detailed office address of the Agency with Office Telephone Number, Fax Number and Mobile Number and name of the contact person

5. PAN / TAN Number (Copy to be enclosed)

6. Professional Tax Registration Number (Certificate code number of enrollment/revision of certificate of registration under sub-section (1) of section (5) at the Gujarat state tax on profession trades, calling and employment act, 1976

7. Employee Provident Fund Organization (Ministry of Labour, Govt. of India) Code No.

8. E.S.I. Certificate showing the Code Number

9. Valid Labor license for providing at least 500 Manpower Supply in Industries/ Educational Sector ,Government dept.

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10. Labor welfare board Registration No.

11. Service Tax Registration Number as a Manpower Recruitment Agency Service Tax Registration

12. Bank solvency Certificate Rs. 1 Crore Nationalized Bank (After date of Notice of Invitation of tender)

13. ISO Certificate Registration as Manpower Recruitment Agency

14. Police License Registration Number

(All Gujarat / Other)

15. Employee Exchange Registration No.

16. Income Tax Return of Last Three Years

(2010-11, 2011-12, 2012-13)

17. Profit & loss account of Last Three Years

(2010-11, 2011-12, 2012-13)

18. Balance sheet of Last Three Years

(2010-11, 2011-12, 2012-13)

19 No. of employee on roll

20 List of other clients

21 Whether a cop of the terms and conditions (Annexure-I) duly signed, in token of acceptance of the same, is attached.

22 Whether the firm is blacklisted by any government department of any criminal case is registered against the firm or its owner / partners anywhere in india. (If no, affidavite is to attached in this regard.)

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23. The service provider must have minimum turnover of Rs. 10 Crore per annum for the last three consecutive years for manpower supply work C.A. certificate of last 3 years audit report and balance sheet attached here with tender.the bidder organization should be a profit making one in the preceding two financial years.

Sr. No.

Financial Year Turnover in Rs.

1. 2010-11

2. 2011-12

3. 2012-13

Total Turnover in Rs.

24. The service provider must have an experience and work completion certificate for at least three years for providing the minimum 1500 (Employee) Manpower at Industries / Educational Sector ,Government Departments for minimum 15(Fifteen) crores rupees amount work completion in the last three years.

Sr. No.

Government Educational Institutes,

Government Departments,

Industrial Educational

Institutes

Period

Total No. of Manpower

supplied

Tender Cost

Total work completion

amount

From To

1. 2. 3. 4. 5. 6. 7.

1.

2.

3.

4.

5.

6.

7.

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8.

9.

10.

Note : The bidder without such an experience will not qualify for consideration and his/her bid will not be taken in to account. Copy of above mentioned should attached in technical bid documents

25. Self attested copies of chalans of E P F contribution for providing Manpower Supply Attested copy (to Enclose) Year 2011-12, 2012-13. (Min. 15 Months)

Sr. Name of Month

Chalan No /

Instrument ( If any)

Amount

Remarks

1 2 3 4 5

1

2

3

4

5

6

7

8

9

10

11

63

12

13

14

15

26. Self attested copies of Chalan of E S I contribution for providing Manpower Supply Attested copy (to Enclose) Year 2011-12, 2012-13. (Min. 15 Months)

Sr. Name of Month

Chalan No / Instrument ( If any)

Amount

Remarks

1 2 3 4 5

1

2

3

4

5

6

7

8

9

10

11

12

64

13

14

15

27. Self attested copies of Chalan P. R. Registration Self Attested copy (to Enclose) Year 2011-12, 2012-13.

Sr. Name of Month

Challan No / Instrument

( If any)

Amount

Remarks

1 2 3 4 5

1

2

3

4

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Declaration

We solemnly declare that we have attached all the documents mentioned as above. We

hereby confirm that non-compliance of any documents, will be treated as non-responsive tender

and we will loose our claim to participate in the tender enquiry and our bid will automatically

liable to reject.

Signature of the Bidder /

Authorized person with Stamp

Signature of the bidder with Seal

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: BIDDER’S COVERING LETTER :

To, The Commissioner of Employment and Training, Gandhinagar, Gujarat. Dear Sir,

Ref: Tender no:

Having examined the conditions of contract and specifications, the receipt of which is

hereby duly acknowledged, we the undersigned, offer to execute the work shown in the scope of work and jurisdiction of contract as well as schedule of prices attached herewith and made part of this.

We undertake that, if our bid is accepted, we shall execute the work in accordance with specifications, time limits and terms & conditions stipulated in the tender documents. If our bid is accepted, we shall submit the performance security deposit as per the conditions mentioned in the contract.

We agree to abide by this bid for a period of 120 days from the date of bid opening

and it shall remain binding upon us and may be accepted at any time before the expiry of that period.

Until a formal agreement is prepared and executed, this bid together with your written acceptance thereof in your notification of award shall constitute a binding contract between us.

Bid submitted by us is properly prepared and sealed so as to prevent any subsequent alteration or replacement.

Dated this ………………………….……. Day of ………… ………………..………….

(the month and year) Signature of Authorised Signatory ……………………….………

In capacity of …………………………………………………………………………… Duly authorized to sign the bid for and on behalf of………………………………….….

The cost of bid document: Rs.5000/- Crossed D.D. no. ……………………..……… dated ……………………………..……

Drawn on bank: …………………………………………………………………….……

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LETTER OF AUTHORIZATION FOR ATTENDING BID OPENING Tender No: To, The Commissioner of Employment and Training, Gandhinagar, Gujarat.

Dear Sir, Subject: Authorization for attending bid opening on ………………………………. (date) in the Tender for experienced and reputed Manpower Supplying for 335 kvk centers under the Commissioner of Employment and Training Department (tender no: ) Following persons are hereby authorized to attend the bid opening for the tender mentioned above on behalf of .................................................. (Bidder) in order of preference given below. Order of Preference Name Specimen Signature

1.

2.

For Officer authorized to sign the bid documents on behalf of the bidder.

Note:

1. Only one representative shall be allowed. 2. Permission for entry to the hall where bids are opened, may be refused in case authorization as prescribed above is not produced.