Professional Documents
Culture Documents
e-TENDER DOCUMENT
FOR
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INDIAN INSTITUTE OF MANAGEMENT SHILLONG, MAYURBHANJ COMPLEX,
NONGTHYMMAI, SHILLONG
TENDER DOCUMENTS
For providing Office Staff like (Attendants, Dak Boy, Storekeeper, Stenographer, Computer
Assistant, Library Assistant, Receptionist, Office Assistant), Building and Electrical maintenance
staff like (Plumber, Carpenter, Pump Operator, Electrician etc) & Housekeeping Services
(Safaiwalas), or any other personnel that may require from time to time)
Table of Contents
Section1 Notice Inviting E-Tender…………………………………………….… . 04-05
Section 2 Bid Submission letter ……………………………….….. 06-08
Section 3 Instructions to the Bidders ……………………………………….… 09-20
Section 4 General Conditions of Contract (GCC) ………………………….… 21-31
Section 5 Special Conditions of Contract (SCC) …………………………… 32-34
Section 6 Schedule of Work / Requirements……………………………….…. 35-41
Section 7 Integrity Pact 42-51
Table A ………………………………………………………... 52-54
Section 8 FORMS
8.1 Form of Articles of Agreement…………………………………. 55-58
8.2 Form of Performance Bank Guarantee………………………… 59-61
Annexure I ………………………………………………. 62
Check List…………………………………..………………………... 63-64
Price/Financial Bid 65
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INDIAN INSTITUTE OF MANAGEMENT SHILLONG, MAYURBHANJ COMPLEX,
NONGTHYMMAI, SHILLONG
Date of opening of financial bids: To be declared after successful evaluation of technical bid.
Shillong.
Cost of Tender Document : Rs.1000.00 (Rupees One thousand) only + 18% GST
Document
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INDIAN INSTITUTE OF MANAGEMENT SHILLONG, MAYURBHANJ COMPLEX,
NONGTHYMMAI, SHILLONG
SECTION 1
(Notice Inviting Tender)
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INDIAN INSTITUTE OF MANAGEMENT SHILLONG, MAYURBHANJ COMPLEX,
NONGTHYMMAI, SHILLONG
Online bids are invited on behalf of Director, Indian Institute of Management Shillong, from
registered and authorized firms/ agencies for providing of Manpower for Office Staff like
(Attendants, Dak Boy, Storekeeper, Stenographer, Computer Assistant, Library Assistant,
Receptionist, Office Assistant), Building and Electrical maintenance staff like (Plumber,
Carpenter, Pump Operator, Electrician etc) & Housekeeping Services (Safaiwalas), or any other
personnel that required from time to time) for its office located at Mayurbhanj Complex,
Nongthymmai, Shillong-793014.
Sd/-
Finance Officer & Chief Administrative Officer (i/c)
IIM Shillong
Copy to:
a Director IIM Shillong for favor of information.
b IT officer for uploading the tender information in the Institutes’ website.
c Relevant file.
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d Notice board.
INDIAN INSTITUTE OF MANAGEMENT SHILLONG, MAYURBHANJ COMPLEX,
NONGTHYMMAI, SHILLONG
SECTION 2
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INDIAN INSTITUTE OF MANAGEMENT SHILLONG, MAYURBHANJ COMPLEX,
NONGTHYMMAI, SHILLONG
Subject:- Bid for providing of Office Staff like (Attendants, Dak Boy, Storekeeper,
Stenographer, Computer Assistant, Library Assistant, Receptionist, Office
Assistant), Building and Electrical maintenance staff like (Plumber, Carpenter,
Pump Operator, Electrician etc) & Housekeeping Services (Safaiwalas), or any
other personnel that require from time to time)
Sir,
In response to your invitation for bid I/we the undersigned, submit our bid for the jobs captioned
along with Earnest Money Deposit for Rs. 3,00,000/- in the form of Account Payee Demand Draft/
Banker’s Cheque drawn in favour of IIM Shillong payable at Shillong.
We also declare that
2. We offer to execute in conformity with the Bidding Documents for providing Housekeeping
and Security services and manpower services in respect of Attendants, Dak Boy,
Storekeeper, Stenographer, Computer Assistant, Library Assistant, Receptionist, Office
Assistant, Plumber, Carpentry, Pump Operator, Electrician etc for the Indian Institute of
Management, Shillong.
3. Our bid shall be valid for a period of 120 days from the date fixed for the bid submission
deadline in accordance with the Bidding Documents and it shall remain binding upon us
and may be accepted at any time before the expiration of that period.
4. If our bid is accepted, we commit to submit a performance security in accordance with the
Bidding Documents.
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5. We also declare that Government of India or State Government or any other Public Sector
or Private Sector Organization has not declared us ineligible or black listed us on charges
Of engaging in corrupt, fraudulent, collusive or coercive practices or any failure/lapses of
serious nature.
6. We also accept all the terms and conditions of this bidding document and undertake to
abide by them, including the condition that you are not bound to accept highest ranked bid
/ lowest bid or any other bid that you may receive.
Yours sincerely,
Authorized Signatory*
Full Name and Designation
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INDIAN INSTITUTE OF MANAGEMENT SHILLONG, MAYURBHANJ COMPLEX,
NONGTHYMMAI, SHILLONG
SECTION 3
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INDIAN INSTITUTE OF MANAGEMENT SHILLONG, MAYURBHANJ COMPLEX,
NONGTHYMMAI, SHILLONG
1.2 Information and instructions for bidders posted on website shall form part of bid
document.
1.3 The bid document and other necessary documents can be seen and downloaded from the
website www.eprocure.gov.in Tenders without cost of tenders and EMD will be
summarily rejected. Tenders without any of the specified documents shall be rejected
and financial bids will not be opened.
1.6 All mandatory documents mentioned in the tender should be valid on the last date of
submission of bids. In case the last date of submission of bid is extended, the enlistment
of contractor should be valid on the original date of submission of bids. Intending bidders
are eligible to submit the bid provided they have definite proof from the appropriate
authority, which shall be to the satisfaction of the competent authority, of having
satisfactory completed similar works of magnitude as specified.
1.8Down loading of tender documents from Web site: Tender document can be
downloaded from the CPPP website www.eprocure.gov.inBidders/ Tenderers are
required to submit the bid online by scanning and uploading all the relevant documents
through www.eprocure.gov.inonly. Thetender information may also be downloaded from
the Institute’s website at www.iimshillong.ac.inalso.
1.9 Tender Fee/ Cost of the Tender: Non-refundable Tender Fee of Rs. 1000.00
( Rupees One Thousand)only + 18% GST need to be paid in the form of Banker’s
Cheque or Demand Draft drawn in favour of IIM Shillong, payable at Shillong shall be
scanned and uploaded online along with the tender document within the period of online
submission date and time. The bidder has to fill up all the details such as Banker’s
name, Demand Draft/ Banker’s Cheque numbers, amount and date etc. during
uploading the tender. The original (hard copy) should be sent to Chief Administrative
Officer,IIM Shillong, Mayurbhanj complex Nongthymmai, Shillong 793014 on or before
the last date & time of submission of tender document.
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INDIAN INSTITUTE OF MANAGEMENT SHILLONG, MAYURBHANJ COMPLEX,
NONGTHYMMAI, SHILLONG
1.10 Earnest money: Earnest money deposit of @2% of the estimated value in the form of
Demand draft/ Banker’s Cheque/ Call Deposit/ TDR from Schedule A Bank in favour
of IIM Shillong payable at Shillong shall be scanned and submitted online along with
the tender document within the period of online submission date and time. The bidder
has to fill up all the details such as Banker’s name, Demand Draft/ Banker’s Cheque/
Call Deposit/ TDR/ Bank Guarantee details, amount and date of the EMD during
uploading the tender. The original (hard copy) should be sent to Chief Administrative
Officer, IIM Shillong, Mayurbhanj complex Nongthymmai, Shillong 793014 within
the last date & time of submission of tender document.
1.11 The bidders need to signed, scan and upload the documental proof of eligibility criteria
along with the necessary documents as mentioned in this tender documents during
online application for e-Tendering. Without these documents the tender will be
summarily rejected.
1.12The bid submitted shall become invalid if-
i.)The bidder doesn’t upload scanned copy of EMD and Cost of Tender at the time of
online submission of the tender document.
ii.)The bidder doesn’t upload all the relevant testimonials as mentioned in this tender
documents.
iii.) The Tenderer will be required to produce the original copies of the eligibility criteria
documents along with other document mentioned in the tender whenever needed
at the various stages of tendering. If any discrepancy is noticed in the uploaded
documents with reference to the original documents, the bid will be treated as
invalid.
1.13 Mere fulfillment of conditions of tender paper to a bidder does not automatically mean
the tenderer is considered qualified for the price part of the bid. The acceptance of
tender will rest with the authority of IIM, Shillong who does not bind itself to accept the
lowest tender and reserves itself the right to reject any or all the tenders received
without assigning any reason thereof. The work may be allotted in part or whole at the
discretion of competent authority of the Institute.
1.14 The tender document shall be uploaded in scanned copies in two parts as follows:
PART-A: This stage shall contain the Techno-Commercial Bids with list of the documents
mentioned in this tender and any other matter etc. the tenderer wish to submit duly signed
with official seal. This shall be treated as, “TECHNICAL BID”
PART-B: This stage shall contain the Price Bids comprising of the Value which needs to
be duly filled online only in the given BOQ template (BOQ.xls). No other paper other than
the online form specified & contained in this package shall be accepted. This shall be
treated as, “PRICE BID’’.
Part-A of the tender shall be opened on the date and time as mentioned in the tender
notice. The price bids (Part-B) of only of those tenderers whose techno-commercial bids
(Part-A) are found acceptable shall be opened.
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INDIAN INSTITUTE OF MANAGEMENT SHILLONG, MAYURBHANJ COMPLEX,
NONGTHYMMAI, SHILLONG
1.15 The technical bids will be opened online by an authorized personnel of the institute at the
date and time as specified in the tender document. All statements, documents, certificates,
proof of EMD/ Cost of Tender etc. uploaded by the bidders will be downloaded and verified
for technical evaluation and the result of technical bid evaluation will be displayed on
www.eprocure.gov.in, which can be seen by all bidders who participated the tender.
1.16 The bidder should download the BOQ.xls from CPP portal and fill in the blank spaces
provided for mentioning the name of bidder and value in Rs. The bidder need not to modify
any other text or background shown in the BOQ template. CPP portal
(www.eprocure.gov.in) will accept the given BOQ template only and hence the rate should
not be quoted in any other places except the BOQ template.
Tenderer may go through the given special instruction (page 11-14) before
participation in e-Tendering.
1.17 The Financial bid (price bid) i.e. Bill of Quantity (BOQ) of only technically qualified bidder
will be opened online by an authorized personnel of the institute and the result will be
displayed on the www.eprocure.gov.inwhich can be seen by all bidders who participated in
the tender.
1.18 In case, the day of submission of the tender happens to be a holiday on account of Govt.
notification and tender cannot be opened; the tender shall be opened on the next working
day at the same time.
1.19 At any time prior to the date of submission of bid, IIM Shillong may for any reason, alter
the bidding document by an amendment and the same will be notified in CPP portal. The
amendment will be binding to the participating bidder and will be part of the bid documents.
1.20 For the Bidding / Tender Document Purposes, ‘Indian Institute of Management, Shillong
’shall be referred to as ‘Client’ and the Bidder / Successful Bidder shall be referred to as
‘Contractor’ and / or Bidder or interchangeably.
1.23 While all efforts have been made to avoid errors in the drafting of the tender documents,
the Bidder is advised to check the same carefully. No claim on account of any errors
detected in the tender documents shall be entertained.
1.24 Each page of the Tender documents must be stamped and signed by the person or
persons submitting the Tender in token of his/ their having acquainted himself/themselves
and accepted the entire tender documents including various conditions of contract. Any
Bid with any of the Documents not so signed is liable to be rejected at the discretion of the
Client. NO PAGE SHOULD BE REMOVED/ DETACHED FROM THIS BIDDING
DOCUMENT.
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1.25 The bidder shall attach the copy of the authorization letter / power of Attorney as the proof
of authorization for signing on behalf of the Bidder.
1.26 All Bidders are hereby explicitly informed that conditional offers or offers with deviations
from the conditions of Contract, the bids not meeting the minimum eligibility criteria,
Technical Bids not accompanied with EMD or cost of tender of requisite amount, or any
other requirements, stipulated in the tender documents are liable to be rejected.
1.29 For all purposes of the contract including arbitration there under, the address of the bidder
mentioned in the bid shall be final unless the bidder notifies a change of address by a
separate letter sent by registered post with acknowledgement due to the Indian Institute of
Management, Shillong. The bidder shall be solely responsible for the consequences of
any omission or error to notify change of address in the aforesaid manner.
1.30 The requirements of housekeeping and manpower is tentative and may increase or
decrease at the sole discretion of the competent authority of the Client.
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INDIAN INSTITUTE OF MANAGEMENT SHILLONG, MAYURBHANJ COMPLEX,
NONGTHYMMAI, SHILLONG
(a) Legally Valid Entity: The Bidder shall necessarily be a legally valid entity either in the form of
a Limited Company or a Private Limited Company registered under the Companies Act, 1956or a
Registered Organization and Self Help Group or Proprietorship. Bidder in the form of JV/
Consortium, Partnership is not permitted. A proof in support of the legal validity of the Bidder shall
be submitted.
(b) Registration: The Bidder should be registered with GST, Income Tax, Central or State labour
department, Employees Provident Fund Organization, Employees State Insurance Corporation,
KHADC for Trading licence (in case of non-tribal)
(c) Clearance: The Bidder should also have clearance from GST Tax Department, and Income
Tax Department. Relevant proof in support shall be submitted.
(d) Experience: Interested bidders should have experience in the similar field of providing
manpower / facility management in the Government Departments / Public Sector (Central or
State)/Autonomous Institute under Central/State Govt for the last three consecutive years starting
from 2017-18, 2018-19 and 2019-2020 as follows:
(i) 3 works each the value of which is equal to 40% of the estimated cost per annum
or
(ii) 2 works each the value of which is equal to 50% of the estimated cost per annum
or
(iii) 1 works the value of which is equal to 80% of the estimated cost per annum
(e) Financial capacity: Annual Turnover of the bidder should not be less than Rs. 2.25 crore.
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(iv) 2(d) : attested copy of experience certificates for completed contract / ongoing contract
issued by the Government Departments / PSUs shall be acceptable. The bidder
has to submit the relevant work experience certificates to the tune of 03 works
each of 40% of estimated value per annum, 02 works each of 50% of the
estimated value per annum or 01 work of 80% of the estimated value per annum
in last three years.
(v) 2(e) : attested copy of the audited balance sheets, profit and loss account and IT
Returns for the completed three preceding financial years i.e. for 2017-18, 2018-
19 and 2019-20.
(vi) Certificate from EPFO & ESIC regarding regular/monthly deposits of contribution
from both sides from last one year.
(vii) Valid Trading License from KHADC should be enclosed by Non-Tribal Bidder,
failing which their tender will be rejected.
(viii) Outstation bidders who does not presently have their office at Shillong should
submit an Undertaking that the office will be set up at Shillong in case the works
are allotted to them.
Bids submitted without any of the above documents shall be summarily rejected.
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INDIAN INSTITUTE OF MANAGEMENT SHILLONG, MAYURBHANJ COMPLEX,
NONGTHYMMAI, SHILLONG
4.3 The Client may request for extension for another period of 60 days, without any
modifications and without giving any reasons thereof.
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5. PREPARATION OF BIDS
5.1 Language: Bids and all accompanying documents shall be in English or in Hindi.
5.2 Technical Bid: Technical Bid should be prepared as per the instructions given in the
Tender Document along with all required information, documents in support of the
minimum eligibility criteria, valid EMD and cost of tender of requisite amount.
Documents comprising the Bid:
(a) Technical Bid Submission Letter duly signed and printed on firms letter head
along with duly filled in and signed ANNEXURE-I and ANNEXURE-II
(b) Tender Document signed and stamped on each page.
(c) Earnest Money Deposit of @ 2% of the estimated value per annum.
(d) All attested supporting documents in proof of having fully adhered to minimum
eligibility criteria as referred in the tender.
5.3 Financial Bid: Bidder should prepare financial bid in the Price Schedule as provided in
the Tender Document as per CPPP format.
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8.3 Client also reserves right to seek confirmation/ clarification on the supporting documents
submitted by the bidder as per clause 2.1 from the agency (ies) issuing such document(s).
8.4 The Bidder shall be required to produce original copies of the relevant documents in
support to the documentary evidences submitted online as and when required by IIM
Shillong or during technical evaluation.
8.5 A substantially responsive bid shall be one that meets the requirements of the bidding
document in totality. The technical bid not meeting the minimum requirements as
mentioned in this tender documents shall be rejected and their financial proposals will be
returned unopened.
(i) The responsiveness of the bid, i.e. receipts of duly filled, signed and accepted bid
documents in complete form, including authorization letter.
(ii) Receipt of valid EMD with requisite amount in acceptable format.
(iii) Documents in proof of meeting the minimum eligibility criteria.
(iv) Any other documents as required to support the responsiveness of the bidder, as
per tender.
8.6 The bidders who qualify in the technical evaluation stage shall only be called for opening
of financial bids. Client shall intimate the bidders, the time/ venue for the financial bid
opening in written communication.
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11. DETERMINATION OF THE SUCCESSFUL BIDDER
11.1 The lowest bidder in the financial bid will be the successful bidder (L1) out of those
bidders who are technically qualified.
11.2 If there is a discrepancy between words and figures, the lowest among the two shall
prevail.
12. RIGHT OF ACCEPTANCE
12.1 The Indian Institute of Management Shillong reserves the rights to reject or accept any bid
including of those bidders who fail to comply with the instructions without assigning any
reason whatsoever and does not bind itself to accept the lowest or any specific bids. The
decision of the Competent Authority of the Institute of Management in this regard shall be
final and binding.
12.2 Any failure on the part of the bidder to observe the prescribed procedure and any attempt
to canvass for the work shall render the bidder‘s bids liable for rejection.
12.3 The competent authority of the Indian Institute of Management Shillong reserves the right
to award any or part or full contract to any successful agency (ies) at its discretion and this
will be binding on the bidders.
12.4 In case of failure to comply with the provisions of the terms and conditions mentioned, by
the agency that has been awarded the contract, the competent authority of Indian Institute
of Management Shillong reserves the right to award the contract to the next lowest bidder
or any other outside agency and the difference of price shall be recovered from the
defaulter agency who has been awarded the initial contract and this will be binding on the
bidders.
12.5 The Institute may terminate the Contract if it is found that the Contractor is black listed on
previous occasions by any of the Government Departments / Institutions / Local Bodies /
Municipalities / Public Sector Undertaking etc.
13. NOTIFICATION OF AWARD BY ISSUANCE OF ‘LETTER OF ACCEPTANCE’
13.1 After determining the successful evaluated bidder, Client shall issue a Letter of
Acceptance (LoA) in duplicate, who will return one copy to Client duly acknowledged,
accepted and signed by the authorized signatory, within three (3) days of receipt of the
same by him.
13.2 The issuance of the Letter of Acceptance to the bidder shall constitute an integral part and
it will be a binding to the contract.
13.3 The time taken between the date of issue of LoA and Notice to Proceed shall not prevent
the contractor to mobilize the man power.
14. RETURNING OF EARNEST MONEY DEPOSIT
14.1 The Earnest Money Deposit of the unsuccessful bidders in the technical bid evaluation
stage shall be returned to the unsuccessful bidder.
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14.2 The Earnest Money Deposit of the unsuccessful bidders in the financial bid evaluation
stage shall be returned within thirty (30) days, without any interest whatsoever, after
award of contract to the Successful bidder.
14.3 The Earnest money deposit of all the bidders shall be returned in case of cancellation of
tender after the opening of Bids and prior to opening of financial bids.
14.4 The EMD and Performance Guarantee of the successful bidder shall be kept as security
deposit and shall be release after expiry of the contract.
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INDIAN INSTITUTE OF MANAGEMENT SHILLONG, MAYURBHANJ COMPLEX,
NONGTHYMMAI, SHILLONG
SECTION 4
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INDIAN INSTITUTE OF MANAGEMENT SHILLONG, MAYURBHANJ COMPLEX,
NONGTHYMMAI, SHILLONG
1. DEFINITIONS
1.1 General
In this Contract including the Schedules, the following words and expressions shall
(unless the context requires otherwise) have the meaning assigned to them in this
Schedule.
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1.2 CONFIDENTIALITY
1.2.1 The Contractor shall take all precautions not to disclose, divulge and / or disseminate to
any third party any confidential information, proprietory information on the Client’s
business or security arrangements (including but not limited to the Assignment
Instructions, Schedules and other subsequent Agreements) and/or business of the Client.
The obligation is not limited to any scope and the Contractor shall be held responsible in
case of breach of the confidentiality of Client’s information.
1.2.2 If the Contractor receives enquiries from Press / News / Media/ Radio / Television or other
bodies / persons, the same shall be referred by the Contractor to Client immediately on
receipt of such queries.
2 PERFORMANCE BANK GUARANTEE (SECURITY DEPOSIT)
2.1 The successful bidder within fifteen days of the acceptance of the LoA shall execute a
Performance Bank Guarantee in the form of a Bank Guarantee of any nationalized bank,
@ 5% of the quoted amount and the Bank Guarantee shall be valid for the period of 3
years and 3 months (39 Months)
2.2 The Bank Guarantee can be forfeited by order of the competent authority of the Indian
Institute of Management Shillong in the event of any breach or negligence or non-
observance of any terms/condition of contract or for unsatisfactory performance or for
non-acceptance of the work order. On expiry of the contract, such portion of the said Bank
Guarantee as may be considered by Indian Institute of Management Shillong sufficient to
cover any incorrect or excess payments made on the bills to the firm, shall be retained
until the final audit report on the account of firm’s bill has been received and examined.
a) If the contractor is called upon by the competent authority of Indian Institute of
Management, Shillong to deposit Security and the contractor fails to provide the security
deposit within the period specified such failure shall constitute a breach of the contract
and Indian Institute of Management, Shillong shall be entitled to make other arrangements
at the risk, cost and expense of the contractor.
b)On due performance and completion of the contract in all respects, the Security Deposit
will be returned to the contractor without any interest on presentation of an absolute No
Demand Certificate in the prescribed form and upon return in good condition of any
specifications, samples or other property belonging to the purchaser, which may have
been issued to the contractor.
3. NOTICE TO PROCEED
After the acceptance of the LoA and securing Performance Bank Guarantee from the
successful bidder, Client shall issue the ‘Notice to proceed’, to the contractor authorizing
him to provide manpower in the Office at the specified locations.
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4. SIGNING OF CONTRACT AGREEMENT
4.1 The successful Bidder shall enter into contract and shall execute and sign the Contract
Agreement in accordance with the Articles of Agreement before commencement of the
services.
4.2 Client shall prepare the draft Articles of Agreement in the Proforma included in this
Document, duly incorporating all the terms of agreement between the two parties and
send the same in duplicate to the successful Bidder for their concurrence.
4.3 The successful Bidder shall return the duly concurred copies of the draft Articles of
Agreement within 02 (two) days of receipt of the draft Articles of Agreement from Client,
duly printed on the correct amount of stamp paper, duly adjudicated by the registrar of
stamps where the contract is proposed to be executed.
4.4 The competent authority of the Client shall sign the Contract agreement and return a copy
of the same to the successful bidder.
6. COMMENCEMENT OF SERVICES
The Contract shall become legally binding and in force only upon:
6.1 Submission of Performance Bank Guarantee.
6.2 The Contractor shall commence manpower services in Client’s premises within 30 days
from the date of receipt of Notice to Proceed.
7. CONTRACTOR’S OBLIGATIONS
7.1 The Contractor shall provide manpower services at Client’s premises as per Schedule of
Work / Requirements mentioned in this tender and or agreement which may be amended
from time to time by the Client during the Contractual period and it shall always form part
and parcel of the Contract. The Contractor shall abide by such assignments as provided
by the Client from time to time.
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7.2 The Contractor shall provide manpower services through its trained and experienced
personnel for the performance of its services hereunder and these personnel deployed
shall be employees of the Contractor only and the Client shall not in any manner be liable
for meeting any claim of theirs and all statutory liabilities (such as ESI & PF etc.) shall be
paid for by the Contractor.
7.3 The persons deployed by the service provider should not have any adverse police
records/ criminal cases against them. The character and antecedents of each personnel
will be got verified by the service provider through the local police before their deployment
and such report should be submitted before deployment. Proofs of identity like election
photo identity card, driving licence, bank account details, proof of residence, recent
photograph, previous work experience etc. should be submitted to IIM.
7.4 In the event of the personnel having been provided by the Contractor not performing
duties as per expected standards in whatsoever manner or in case the personnel behave
in an unacceptable manner, the Contractor shall, on request of the Client, remove the said
personnel the same day and provide a suitable substitute in his/ her place of equivalent
qualifications and experience within seven days failing which the Client may get the
services performed by other means for which the Contractor shall be liable to bear any
extra cost that may be incurred by the Client.
7.5 The service provider shall be the principal employer of the persons deployed by them to
client’s office and such persons in no case shall claim any absorption in service in IIM.
7.6 A Service Log Book shall be maintained at the Client’s premises and daily record of the
actual services provided shall be kept. All matters relating to deficiencies in the availability
and standards of service shall be entered in the Log Book and the Contractor shall
forthwith remove all the deficiencies pointed out and record compliance in the Log Book.
7.6 The Contractor shall submit to Client the details of amount deposited on account of EPF
and ESI in respect of the deployed personnel to the concerned authorities on quarterly
basis.
7.7 The Contractor shall make provisions for medical reimbursement/ insurance to the
employees not covered under ESIC.
7.8 The Contractor shall produce to the client the details of payments of statutory benefits like
EPF,ESIC, bonus, leave, relief etc. from time to time made by him/her to its
staff/personnel
7.9 The Client shall have the right to have any personnel removed who is considered to be
undesirable or otherwise.
7.10 That the Contractor/Agency (ies) shall engage only such personnel who will be available
for the entire period of contract. Change of personnel will be the discretion of the
contractor/agency (ies) after consultation with the client.
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7.11 The Contractor/Agency (ies) shall cover its personnel for personal accident and death
whilst performing the duty and the Client shall own no liability and obligation in this regard.
7.12 The Contractor/Agency (ies) shall exercise adequate supervision to reasonably ensure
proper performance of Manpower Services in accordance with Schedule of Requirements.
7.13 The Contractor shall issue identity cards / identification documents to all its employees
who will be instructed by the Clients to display the same.
7.14 The personnel of the Contractor/Agency (ies) shall not be the employees of the Client and
they shall not claim any salary or allowances, compensation, damages or anything arising
out of their employment/ duty under this Contract. The Contractor/Agency (ies) shall make
them known about this position in writing before deployment under this agreement.
7.15 The Contractor/Agency(ies) shall also provide at its own cost all benefits statutory or
otherwise to its employees and the Client shall not have any liability whatsoever on this
account. The Contractor shall also abide by and comply with the Labour laws, Workmen
Compensation Act, EPF Laws, ESIC Laws, Income Tax Laws and Minimum Wages Laws,
Contract Labour (Regulations & Abolition) Act or any other law in force.
7.16 The Contractor/Agency (ies) shall cover all its personnel under the relevant laws of EPF,
Labour, ESIC etc. Proof of the same should be submitted by the Contractor quarterly.
7.17 The Contractor/Agency (ies) shall submit a copy of wages sheet showing monthly wages
paid to its personnel.
7.18 All necessary reports and other information shall be supplied immediately as required and
regular meetings will be held with the Client.
7.19 The Contractor/Agency (ies) shall not employ any person below the age of 18 years.
7.20 The Contractor/agency (ies) should ensure that the number of housekeeping staff or office
staff are present at any point of time as per requirement of the Institute. In case of
absence or leave by the outsource staff, the contractor should immediately sent substitute
staff during the period of absence or leave by the outsource staff.
7.21 Supervisor at the expense of the Contractor/Agency (ies) should be deployed to supervise
the works of the outsource staff.
7.22 Uniforms and safety gears are to be provided by the contractor/agency (ies) to their
employees.
7.23 The contractor/agency (ies) should ensure that the staff are medically fit to perform their
duties.
7.20 Contractor’s Personnel
7.20.1 The Contractor/Agency(ies) shall at all times ensure that it has sufficient, suitable and
qualified personnel to supervise the Client premises at the Client Site and in sufficient
number to undertake the responsibilities imposed upon the Contractor/Agency(ies) under
the Contract and to provide full attention for executing the work thereof.
26
7.20.2 The Contractor/Agency (ies) shall submit its Organisation Chart, showing therein the
details of key personnel with their full contact details. The Contractor/Agency (ies) shall
also keep informing the Client of any change in its organization or its personnel.
8. CONTRACTOR’S LIABILITY
8.1 The Contractor/Agency (ies) shall completely indemnify and hold harmless the Client and
its employees against any liability, claims, losses or damages sustained by it or them by
or sustained to any third party by reason of any breach of contract, wrongful act or
negligence by the Contractor/Agency (ies) or any of its employees engaged in the
provision of the manpower services to the Client.
8.2 The Contractor shall not be liable in any way whatsoever and the Client hereby expressly
waives any right to, any loss, injury, damage, cost or expense of whatsoever nature
directly or indirectly:
8.2.1 Caused by, resulting from or in connection with any Act of Terrorism or any Biological or
Chemical Contamination or any Nuclear Risks;
8.2.2 Consisting of, caused by, resulting from or in connection with any loss, damage,
destruction, distortion, erasure, corruption or alteration of Electronic Data from any cause
whatsoever (including but not limited to Computer Virus) unless such loss, damage,
destruction, distortion, erasure, corruption or alteration of Electronic Data was due to the
negligence or default of the Contractor or any of its employees engaged in the provision of
manpower Services to the Client.
8.3 The Contractor shall not Sub-Contract or Sublet, transfer or assign the contract or any
other part thereof. In the event of the contractor contravening this condition, Client shall
be entitled to place the contract elsewhere on the contractors risk and cost and the
contractor shall be liable for any loss or damage, which the Client may sustain in
consequence or arising out of such replacing of the contract.
9. CLIENT’S OBLIGATIONS
9.1 Except as expressly otherwise provided, the Client shall, at its own expense, provide
timely all the required equipment and facilities at the location(s) where the manpower
Services are to be provided required to enable Contractor’s employees to carry out the
Services.
9.2 The Client shall comply with and fulfil the recommendations (if any), if deemed necessary
by the Client, made in writing by the Contractor in connection with the performance of the
Services. The Client shall notify the Contractor of any dishonest, wrongful or negligent
acts or omissions of the Contractor’s employees or agents in connection with the Services
as soon as possible after the Client becomes aware of them.
27
9.3 The Client shall not be under any obligation for providing empanelment to any of the
personnel of the Contractor after the expiry of the contract. The Client does not recognize
any employee- employer’s relationship with any of the workers of the Contractor.
11. PAYMENTS
11.1 After selection of the Successful bidder as Contractor, a price schedule shall be annexed
to the Articles of Agreement according to which all payments shall be made to the
Contractor by the Client for the manpower services.
11.2 The prices in the Price Schedule shall be exclusive of any service tax, education cess,
secondary and higher education cess or any other applicable taxes as may be levied by
the Government from time-to-time and the same shall be charged in addition to the
applicable rate.
11.3 The Contractor shall be required to pay the monthly wages to each category of deployed
manpower as categorized in Table ‘A’ as unskilled/ semi-skilled/ skilled workers, as the
case may be, under The Minimum Wages Act,1948 notified by the Government of India or
Government of Meghalaya from time to time.
11.4 In case of absence on any working day other than holidays and leave, the monthly wages
will be reduced on pro-rata basis.
11.5 The Contractor shall raise invoice per month and submit the same to Client by 2nd of every
following month. The Client shall make all endeavor to make payments to the contractor
within 03 days from the date of the receipt of the invoice.
11.6 The Contract shall be valid for a period of three years and if required, during the extended
period. No price escalation, other than minimum wages revision, shall be entertained by
the Client during the said contract period including the extended period.
11.7 After expiry of the period of the Contract of 3 (Three) years and if the Contract is renewed
by the Client, the Contractor shall claim increase in the Contract cost only on account of
increase in the minimum wages, as and when increased by the Government.
11.8 In addition to the Contract payments, the Client shall pay for any additional services
required by the Client, which are not specified in the Price Schedule.
28
11.9 All payments shall be made in Indian Currency by means of an Account Payee Cheque or
by RTGS.
11.10 Client shall be entitled to deduct in accordance with Applicable Law, Income Tax or
withholding tax or other deductions (as the case may be), from any payments made to the
Contractor, and the amount so deducted shall be deemed to be a payment made to the
Contractor. Client shall provide a certificate certifying the deduction so made.
11.11 No payment shall be made in advance nor any loan from any bank or financial institution
recommended on the basis of the order of award of work.
29
13. TERMINATION
This Contract may be terminated forthwith by either party by giving one month written
notice to the other if:
13.1 The other party is in material breach of its obligations under this Agreement and / or, in
the case of such breaches capable of being remedied, fails to remedy that breach within
thirty days of receiving notice of such breach; or
13.2 The Contract may be terminated forthwith by the Client by giving 30 days written notice to
the Contractor, if:
13.2.1 In case of breach of any of terms and conditions of the Contract by the Contractor, the
Competent Authority of the Client shall have the right to cancel the Contract without
assigning any reason thereof, and nothing will be payable by the Client and in that event
and the security deposit in the form of performance Bank Guarantee shall be forfeited and
en cashed.
13.2.2 The Contractor does not provide manpower services satisfactorily as per the requirements
of the Client or / and as per the Schedule of Requirements
13.2.3 The Contractor goes bankrupt and becomes insolvent.
14. DISCLAIMER
The relatives / near relatives of employees of the Client are prohibited from participation in
this bid. The near relatives for this purpose are defined as:
(a) Members of a Hindu Undivided Family.
(b) Their husband or wife.
(c) The one is related to the other in the manner as father, mother, son(s), son’s wife
(daughter-in-law), daughter(s) & daughter’s husband (son-in-law), brother(s) &
brother’s wife, sister(s) and sister’s husband (brother-in-law)
15. INSOLVENCY
15.1 The competent authority of the Indian Institute of Management, Shillong may at any time
by notice in writing summarily terminate the contract without compensation to the
contractor in any of the following events, that is to say: If the contractor being an individual
or if firm, any partner in the contractor’s firm, shall at any time be adjudged insolvent or
shall have a receiving order or orders for administration of his estate made against him or
shall take any proceedings for liquidation or composition under any insolvency not for the
time being in force or shall make any convenience or assignment of his efforts or enter
into any arrangements or composition with his creditors or suspend payment of if the firm
be dissolved under partnership act, or
i) If the contractor being a company shall pass a resolution or the court shall make an
order for the liquidation of the affairs or a receiver of Manager on behalf of the debenture
30
holder shall be appointed or circumstances shall have arisen which entitled the court or
debenture holders to appoint a receiver or Manager.
ii) If the contractor commits any breach of this contract not herein specifically proved for:
Provided always that such determination shall not prejudice any right of action or remedy
which shall have accrued or shall accrue thereafter to the purchaser and provided also
that the contractor shall be liable to pay the purchaser for any extra expenditure, he is
thereby put to but shall not be entitled to any gain on repurchase.
31
INDIAN INSTITUTE OF MANAGEMENT SHILLONG, MAYURBHANJ COMPLEX,
NONGTHYMMAI, SHILLONG
SECTION 5
32
INDIAN INSTITUTE OF MANAGEMENT SHILLONG, MAYURBHANJ COMPLEX,
NONGTHYMMAI, SHILLONG
1. The special conditions of Contract shall supplement the “Instructions to the Bidders “as
contained in this tender and General Conditions of the Contract (GCC)
2. INDEMNIFICATION:
The successful bidder is solely liable to fully indemnify and keep Client indemnified
against all loses/penalties/awards/decrees arising out of litigation/claims/application
initiated against the Client on account of acts of omission/commission attributable to the
personnel deployed by the Contractor or the Contractor himself and which are punishable
under the provisions of various Central Labour and Employment Acts including the
following Acts as amended from time to time. Client shall be vested with sole discretion to
determine damages/ loss suffered on account of above from the dues payable from
security deposit as performance Guarantee or from either the personal property of bidder
or property owned by his firm/company by way of initiating suitable legal litigation against
the Contractor at any point of time.
3. LABOUR LAW COMPLIANCES
3.1 The engagement and employment of labourers and payment of wages to them as per
existing provisions of various labour laws and regulations is the sole responsibility of the
Contractor and any breach of such laws or regulations shall be deemed to be breach of
this contract. Client may ask the contractor to produce documents to verify that these
provisions/laws are complied with by the contractor.
(a) All wages allied benefits such as leave, ESI, PF, Gratuity, Bonus etc, shall be paid
by the contractor and Client shall not incur any liability or additional expenditure
whatsoever for personnel deployed.
(b) It is mandatory that the employees must be paid through bank/cheque only.
3.2 The Contractor shall abide by all labour laws, laws related to EPF Organisation, ESI
Corporation, Workmen Compensation Act. The details of EPF, ESIC in respect of their
deployed staff shall be submitted by the Contractor to Client every month alongwith the
bill. The Contractor shall abide including but not limited to, matters relating to timely
payment of wages and allowances, payment of minimum wages, payment of overtime,
grant of leave, payment of workmen's compensation, working hours, safety, maternity
benefits, holidays, framing of standing orders, disciplinary action against employees,
payment of provident fund contributions, payment of gratuities and payment of bonuses.
3.3 The contractor shall be liable for any legal dispute / case / claims that arises or may arise
during currency of the contract due to non-compliances of labour or other related laws.
33
3.4 The contractor shall be responsible for compliance of all the laws rules/regulations and
Govt. instructions that are/will be applicable to and aimed to protect the interest of the
employees/worker engaged by it and shall ensure payment of all the statutory
dues/liabilities as may have arisen during the past ‘or’ may arise during the course of
performance of contract.
3.5 The Contractor shall submit periodical returns as may be specified from time to time.
4. OFFICIAL RECORDS:
4.1 The Contractor shall maintain complete official records of disbursement of wages/salary,
showing specifically details of all deductions such as ESI, PF etc. in respect of all the staff
deployed in Client’s office.
4.2 The Contractor shall maintain a personal file in respect of all the staff who are deployed in
Client’s office. The personal file shall invariably consist of personal details such as name,
address, date of birth, sex, residential address (Temporary /Permanent),Police verification
certificate and all grievances recorded by the staff vis-à-vis action taken etc.
4.3 The Contractor shall furnish an undertaking that within seven days of the close of every
month they will submit to Client a statement showing the recoveries of contributions in
respect of employees with Certificate that the same have been deposited with ESIC/
EPFO Commissioners.
4.4 Each monthly bill must accompany the:
(a) List of employees with their date of engagement
(b) The amount of wages (The Contractor shall ensure that minimum wages are paid
to all the employees with all the benefits (such as ESIC/EPF/Bonus etc.)
(c) Copies of authenticated documents of payments of such contributions to
EPFO/ESIC
(d) Declaration of the Contractor regarding compliance of Amount of EPF / ESIC
4.5 The Contractor shall also prepare a register indicating all payments / dues in respect of all
the employees.
34
INDIAN INSTITUTE OF MANAGEMENT SHILLONG, MAYURBHANJ COMPLEX,
NONGTHYMMAI, SHILLONG
SECTION 6
SCHEDULE OF WORKS/ REQUIREMENTS
35
INDIAN INSTITUTE OF MANAGEMENT SHILLONG, MAYURBHANJ COMPLEX,
NONGTHYMMAI, SHILLONG
36
2.2 The tentative requirements of manpower in each of the category shall be intimated by IIM
Shillong.
2.3 The manpower provided in different categories shall be deployed by the Client in various
Sections/Location of IIM Shillong as per requirements for respective categories.
2.4 The Contractor shall be required to pay the monthly wages to each category of deployed
manpower as categorized in Table ‘A’ as unskilled/ semi-skilled workers, as the case may
be, under The Minimum Wages Act,1948 and its latest notifications notified by the
Government of India/ Government of Meghalaya from time to time.
2.5 The Contractor shall ensure that except that of the service margin (as defined in the Price
Schedule) all other levies (Wages, Uniform, ESIC, EPF, Bonus etc.), which are charged to
Client in the Price Schedule are passed on to the deployed employees as their monthly
wages by the Contractor.
2.6 The estimated value of Contract is likely to be Rs 1.50 Cr for a period of one year.
However, the actual quantity and the requirements may vary at the sole discretion of the
competent authority of IIM Shillong.
3. PENALTIES
3.1 The Contractor shall disburse monthly fee to its deployed manpower latest by the first
week of every month, failing which penalty of Rs.5000/- per day will be imposed up to
15th of the month. Security Deposit /Performance Bank Guarantee shall be forfeited and
Bank guarantee will be encashed. The Client will have the power to appoint any other
agency for the manpower services at the risk and cost of the Contractor.
3.2 Whenever and wherever it is found that the assigned work is not performed up to the
entire satisfaction of the Client, it will be brought to the notice of the Contractor by the
Client and if no action is taken immediately, penalty of Rs.5000/- per day per complaint
will be imposed by invoking penalty clause.
3.3 The Contractor has to maintain adequate number of manpower as per this contract and
also arrange a pool of standby manpower of requisite eligibility and experience. If the
required number of persons is less than the specified number as mentioned in the
contract, a penalty of Rs.1000/- per absentee per day shall be deducted from the bill(s).
3.4 In case the Contractor fails to fulfil the minimum statutory requirements (ESIC/ EPF) as
per the conditions of the tender document and fails to produce the concerned documents,
it shall be treated as breach of the Contract and the Contractor is liable to be blacklisted
by the Client, in addition to forfeiting of the monthly bills and Performance Security
Deposit.
37
3.5 In case of breach of any conditions of the contract and for all types of losses caused
including excess cost due to hiring manpower services in the event of Contractor failing to
provide requisitioned number of manpower, the Client shall make deductions at double
the rate of hiring rate on pro rata basis from the bills preferred by the Vendor or that may
become due to the Vendor under this or any other contractor from the security deposit or
may be demanded from him to be paid within seven days to the credit of the Client.
3.6 The Contractor has to provide uniforms to all its employee. Failing to do so, a penalty of
Rs.1000/- per day shall be deducted from the bill(s)
3.7 The Contractor has to adequate number of supervisor(s) at their own expenses and also
arrange a pool of standby supervisor(s) of requisite eligibility and experience. If the
contractor fail to do so, a penalty of Rs.1000/- per day shall be deducted from the bill(s).
38
4.5 Service Log Book shall be maintained at the Client’s premises and daily record of the
actual services provided shall be kept. All matters relating to deficiencies in the availability
and standards of service shall be entered in the Log Book and the Contractor shall
forthwith remove all the deficiencies pointed out and record compliance in the Log Book.
4.6 Contractor shall deal with and settle the matters related with unions and shall make sure
that no labour disputes / problems are referred to Client. It shall totally indemnify Client in
this regard.
4.7 Contractor should at all times indemnify Client against all claims, damages or
compensation under the provisions of Payment of Wages Act, 1936; Minimum Wages Act,
1948; Employer’s Liability Act, 1938; The Workmen Compensation Act, 1923; Industrial
Disputes Act, 1947; Maternity Benefit Act, 1961; or any modification thereof or any other
law relating thereto and rules made hereunder from time to time. Client will not own any
responsibility in this regard.
4.8 Contractor’s staff shall always be disciplined, properly dressed in uniform and be
presentable all the time during duty. The persons deployed by Contractor shall be
properly trained, have requisite experience and skills for carrying out the multi tasks
assigned at Client’s office. The Contractor shall be solely responsible to tackle the matters
in case any of its staff deployed under this contract falls sick or is injured or goes on
strike/ unfair activities etc. during performance of his/her duty. It shall indemnify Client in
all respects under this contract.
4.9 Be it private or public areas, the Contractor’s employees shall be liable to be
frisked/checked by the security personnel at Client premises or on duty at any time during
performance of their duties.
4.10 Contractor’s employees shall perform their duties at the premises with due diligence and
take all precautions to avoid any loss or damage to the government/ Institute’s
property/person.
4.11 Contractor shall be solely responsible for any indiscipline, theft, loss or damage to any or
persons / property at the premises on account of acts of omission and commission by the
staff deployed by him.
4.12 The payments to its employees shall be disbursed by the Contractor in the presence of
the representative of Client who shall sign the payment register in token of having
disbursed the salary in his presence by Contractor.
4.13 The Contractor/Agency(ies) shall provide transportation to its employee without any
additional charges to IIM Shillong
39
4.14 Apart from the Institute’s supervisor, the Contractor/Agency (ies) shall provide its own
supervisor for supervising the works and coordinate with the Officer in charge of the
Institute for effective performance of duty by the Contractor/Agency(ies) employee. No
additional payment will be paid by the Institute for the Contractor/Agency(ies) Supervisor
as it is deem to have been included in the rates quoted.
5.7 In case of absence on any working day other than holidays and leave as per clause 5.5
above, the monthly wages of the deployed manpower will be reduced on pro-rata basis.
40
5.8 Present Manpower Details
6. CODE OF CONDUCT:
The Contractor shall strictly observe that its personnel:
(i) Are always smartly turned out and vigilant.
(ii) Are punctual and arrive at work places before start of their duty time and do not
leave office before close of office hours.
(iii) Whenever required in the exigencies of work, they will work beyond office hours
and won’t refuse to work extra hours.
(iv) Take charges of their duties properly and thoroughly.
(v) Perform their duties with honesty and sincerity.
(vi) Extend respect to all officers and staff of the office of the Client.
(vii) Shall not drink on duty and smoke in office premises or come drunk in office.
(viii) Will not gossip or chit chat and sleep while on duty.
(ix) Will immediately report to Contractor Control and the Client if any untoward
incident/ misconduct or misbehavior occurs.
(x) Get themselves checked by security personnel whenever they go out.
(xi) Do not entertain visitors without being authorized to do so.
(xii) Do not misuse official telephones installed in Client’s premises.
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CONFIDENTIALITY
Contractor’s personnel deployed in IIM Shillong shall:
(i) At all times maintain strict confidentiality about the official data/ information
gathered during his/ her working in IIM,
(ii) Not furnish any document, data, information etc. pertaining to IIM in any form to
any person, directly or indirectly, not authorized by the Client,
(iii) Not give phone numbers of office and officers of Client to any unauthorized
person,
(iv) Not divulge schedules of meetings and conference to any unauthorized person,
(v) Not pass on site plan of the Client’s premises to any unauthorized person,
(vi) Not divulge official travel details of any of the officer of the Client to any
unauthorized person, and
(vii) Not disclose assets of the office to any unauthorized person.
42
INDIAN INSTITUTE OF MANAGEMENT SHILLONG, MAYURBHANJ COMPLEX,
NONGTHYMMAI, SHILLONG
Section 7
Integrity Pact
43
INTEGRITY PACT
To,
The Intending Bidders,
………………………..,
………………………..
Dear Sir,
The subject Notice Inviting Bid is an invitation to offer made on the condition that the
Bidder will sign the Integrity Agreement, which is an integral part of tender/bid documents, failing
which the bidder will stand disqualified from the biding process and the bid of the bidder would be
summarily rejected.
This declaration shall form part and parcel of the Integrity Agreement and signing of the
same shall be deemed as acceptance and signing of the Integrity Agreement on behalf of the IIM,
Shillong.
Yours faithfully
Sd/-
Finance Officer cum Chief Administrative Officer (i/c)
IIM Shillong
,
44
INTEGRITY PACT
To,
Dear Sir,
I/We acknowledge that IIM, Shillong is committed to follow the principles thereof as
enumerated in the Integrity Agreement enclosed with the tender/bid document.
I/We agree that the Notice Inviting Bid is an invitation to offer made on the condition that
I/We will sign the enclosed integrity Agreement, which is an integral part of tender/bid documents,
failing which I/We will stand disqualified from the biding process. I/We acknowledge that THE
MAKING OF THE BID SHALL BE REGARDED AS AN UNCONDITIONAL AND ABSOLUTE
ACCEPTANCE of this condition of the NIT.
I/We confirm acceptance and compliance with the Integrity Agreement in letter and spirit
and further agree that execution of the said Integrity Agreement shall be separate and distinct
from the main contract, which will come into existence when tender/bid is finally accepted by IIM,
Shillong. I/We acknowledge and accept the duration of the Integrity Agreement, which shall be in
the line with Article 1 of the enclosed Integrity Agreement.
I/We acknowledge that in the event of my/our failure to sign and accept the Integrity
Agreement, while submitting the tender/bid, IIM, Shillong shall have unqualified, absolute and
unfettered right to disqualify the tenderer/bidder and reject the bid/bid is accordance with
terms and conditions of the tender/bid.
Yours faithfully
(Duly authorized signatory of the Bidder)
To be signed by the bidder and same signatory competent / authorised to sign the relevant
contract on behalf of IIM Shillong.
45
INTEGRITY AGREEMENT
BETWEEN
IIM Shillong represented through Chief Administrative Officer, IIM Shillong (Hereinafter
referred as the ‘Principal/Owner’, which expression shall unless repugnant to the meaning or
context hereof include its successors and permitted assigns)
AND
...........................................................................................................................................................
...
(Name and Address of the Individual/firm/Company)
through........................................................................................ (Hereinafter referred to as the
(Details of duly authorized signatory)
“Bidder/Contractor” and which expression shall unless repugnant to the meaning or context
hereof include its successors and permitted assigns)
Preamble
WHEREAS the Principal / Owner has floated the Tender (NIT No. ** .)
(hereinafter referred to as “Tender/Bid”) and intends to award, under laid down organizational
procedure, contract “____________________________________________
________________________________________________________________________”
hereinafter referred to as the “Contract”.
AND WHEREAS the Principal/Owner values full compliance with all relevant laws of the land,
rules, regulations, economic use of resources and of fairness/transparency in its relation with its
Bidder(s) and Contractor(s).
AND WHEREAS to meet the purpose aforesaid both the parties have agreed to enter into this
Integrity Agreement (hereinafter referred to as “Integrity Pact” or “Pact”), the terms and
conditions of which shall also be read as integral part and parcel of the Tender/Bid documents
and Contract between the parties.
NOW, THEREFORE, in consideration of mutual covenants contained in this Pact, the parties
hereby agree as follows and this Pact witnesses as under:
46
Article 1: Commitment of the Principal/Owner
1) The Principal/Owner commits itself to take all measures necessary to prevent corruption
and to observe the following principles:
(a) No employee of the Principal/Owner, personally or through any of his/her family
members, will in connection with the Tender, or the execution of the Contract,
demand, take a promise for or accept, for self or third person, any material or
immaterial benefit which the person is not legally entitled to.
(b) The Principal/Owner will, during the Tender process, treat all Bidder(s) with equity
and reason. The Principal/Owner will, in particular, before and during the Tender
process, provide to all Bidder(s) the same information and will not provide to any
Bidder(s) confidential / additional information through which the Bidder(s) could
obtain an advantage in relation to the Tender process or the Contract execution.
(c) The Principal/Owner shall endeavor to exclude from the Tender process any
person, whose conduct in the past has been of biased nature.
2) If the Principal/Owner obtains information on the conduct of any of its employees
which is a criminal offence under the Indian Penal code (IPC)/Prevention of Corruption
Act, 1988 (PC Act) or is in violation of the principles herein mentioned or if there be a
substantive suspicion in this regard, the Principal/Owner will inform the Chief Vigilance
Officer and in addition can also initiate disciplinary actions as per its internal laid down
policies and procedures.
Article 2: Commitment of the Bidder(s)/Contractor(s)
1) It is required that each Bidder/Contractor (including their respective officers, employees
and agents) adhere to the highest ethical standards, and report to the Government /
Department all suspected acts of fraud or corruption or Coercion or Collusion of which
it has knowledge or becomes aware, during the tendering process and throughout the
negotiation or award of a contract.
2) The Bidder(s)/Contractor(s) commits himself to take all measures necessary to prevent
corruption. He commits himself to observe the following principles during his participation
in the Tender process and during the Contract execution:
a) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm,
offer, promise or give to any of the Principal/Owner’s employees involved in the
Tender process or execution of the Contract or to any third person any material or
other benefit which he/she is not legally entitled to, in order to obtain in exchange
any advantage of any kind whatsoever during the Tender process or during the
execution of the Contract.
b) The Bidder(s)/Contractor(s) will not enter with other Bidder(s) into any undisclosed
agreement or understanding, whether formal or informal. This applies in particular
to prices, specifications, certifications, subsidiary contracts, submission or non-
submission of bids or any other actions to restrict competitiveness or to cartelize in
the bidding process.
c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC
Act. Further the Bidder(s)/Contract(s) will not use improperly, (for the purpose of
competition or personal gain), or pass on to others, any information or documents
provided by the Principal/Owner as part of the business relationship, regarding
plans, technical proposals and business details, including information contained or
transmitted electronically.
47
d) The Bidder(s)/Contractor(s) of foreign origin shall disclose the names and
addresses of agents/representatives in India, if any. Similarly Bidder(s)/
Contractor(s) of Indian Nationality shall disclose names and addresses of foreign
agents/representatives, if any. Either the Indian agent on behalf of the foreign
principal or the foreign principal directly could bid in a tender but not both. Further,
in cases where an agent participate in a tender on behalf of one manufacturer, he
shall not be allowed to quote on behalf of another manufacturer along with the first
manufacturer in a subsequent/parallel tender for the same item.
e) The Bidder(s)/Contractor(s) will, when presenting his bid, disclose (with each
tender as per proforma enclosed) any and all payments he has made, is
committed to or intends to make to agents, brokers or any other intermediaries in
connection with the award of the Contract.
4) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm
indulge in fraudulent practice means a willful misrepresentation or omission of
facts or submission of fake/forged documents in order to induce public
official to act in reliance thereof, with the purpose of obtaining unjust
advantage by or causing damage to justified interest of others and/or to
influence the procurement process to the detriment of the Government
interests.
5) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm
use Coercive Practices (means the act of obtaining something, compelling an
action or influencing a decision through intimidation, threat or the use of force
directly or indirectly, where potential or actual injury may befall upon a person, his/
her reputation or property to influence their participation in the tendering process).
Article 3: Consequences of Breach
Without prejudice to any rights that may be available to the Principal/Owner under
law or the Contract or its established policies and laid down procedures, the
Principal/Owner shall have the following rights in case of breach of this Integrity
Pact by the Bidder(s)/Contractor(s) and the Bidder/ Contractor accepts and
undertakes to respect and uphold the Principal/Owner’s absolute right:
48
2) Forfeiture of EMD/Performance Guarantee/Security Deposit: If the
Principal/Owner has disqualified the Bidder(s) from the Tender process prior to the
award of the Contract or terminated/determined the Contract or has accrued the
right to terminate/determine the Contract according to Article 3(1), the
Principal/Owner apart from exercising any legal rights that may have accrued to
the Principal/Owner, may in its considered opinion forfeit the entire amount of
Earnest Money Deposit, Performance Guarantee and Security Deposit of the
Bidder/Contractor.
2) If the Bidder makes incorrect statement on this subject, he can be disqualified from
the Tender process or action can be taken for banning of business dealings/
holiday listing of the Bidder/Contractor as deemed fit by the Principal/ Owner.
3) If the Bidder/Contractor can prove that he has resorted / recouped the damage
caused by him and has installed a suitable corruption prevention system, the
Principal/Owner may, at its own discretion, revoke the exclusion prematurely.
Article 5: Equal Treatment of all Bidders/Contractors/Subcontractors
1) The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a
commitment in conformity with this Integrity Pact. The Bidder/Contractor shall be
responsible for any violation(s) of the principles laid down in this agreement/Pact
by any of its Subcontractors/sub-vendors.
2) The Principal/Owner will enter into Pacts on identical terms as this one with all
Bidders and Contractors.
3) The Principal/Owner will disqualify Bidders, who do not submit, the duly signed
Pact between the Principal/Owner and the bidder, along with the Tender or violate
its provisions at any stage of the Tender process, from the Tender process.
49
Article 6- Duration of the Pact
This Pact begins when both the parties have legally signed it. It expires for the Contractor/Vendor
12 months after the completion of work under the contract or till the continuation of defect liability
period, whichever is more and for all other bidders, till the Contract has been awarded.
If any claim is made/lodged during the time, the same shall be binding and continue to be valid
despite the lapse of this Pacts as specified above, unless it is discharged/determined by the
Competent Authority, CPWD.
1) This Pact is subject to Indian Law, place of performance and jurisdiction is the
Headquarters of the Division of the Principal/Owner, who has floated the
Tender.
2) Changes and supplements need to be made in writing. Side agreements have not
been made.
4) Should one or several provisions of this Pact turn out to be invalid; the remainder
of this Pact remains valid. In this case, the parties will strive to come to an
agreement to their original intensions.
5) It is agreed term and condition that any dispute or difference arising between the
parties with regard to the terms of this Integrity Agreement / Pact, any action taken
by the Owner/Principal in accordance with this Integrity Agreement/ Pact or
interpretation thereof shall not be subject to arbitration.
Article 8- LEGAL AND PRIOR RIGHTS
All rights and remedies of the parties hereto shall be in addition to all the other legal rights and
remedies belonging to such parties under the Contract and/or law and the same shall be deemed
to be cumulative and not alternative to such legal rights and remedies aforesaid. For the sake of
brevity, both the Parties agree that this Integrity Pact will have precedence over the Tender/
Contact documents with regard any of the provisions covered under this Integrity Pact.
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IN WITNESS WHEREOF the parties have signed and executed this Integrity Pact at the place
and date first above mentioned in the presence of following witnesses:
...............................................................
(For and on behalf of Principal/Owner)
.................................................................
(For and on behalf of Bidder/Contractor)
WITNESSES:
1. ..............................................
(Signature, name and address)
2. ...............................................
(Signature, name and address)
Place:
Dated:
51
INDIAN INSTITUTE OF MANAGEMENT SHILLONG, MAYURBHANJ COMPLEX,
NONGTHYMMAI, SHILLONG
Manpower Details
TABLE ‘A’
1 2 3
Highly-skilled
1. Stenographer
2. Computer Minimum wages as applicable to highly-skilled
Assistant workers under The Minimum Wages Act, 1948
3. Library Assistant notified from time to time by the Govt. of India
4. Receptionist
5. Office Assistant
Skilled
1. Attendant
2. Dak Boy
3. Storekeeper Minimum wages as applicable to skilled workers
4. Plumber under The Minimum Wages Act, 1948 notified from
5. Carpenter time to time by the Govt. of India
6. Electrician
7. Pump Operator
Unskilled
1. Housekeeping Minimum wages as applicable to unskilled workers
under The Minimum Wages Act, 1948 notified from
time to time by the Govt. of India.
Note:-
(i) % Service Charges (ESIC, EPF etc.) per person per month should be quoted by the
bidder in the BOQ available in CPPP only.
(ii) Payments shall be made by the Client as per the terms and conditions of the Tender
Documents.
(iii) Rates for Manpower and Housekeeping services shall be counted together.
(iv) Quoted rate of service charges shall be valid for a period of 3(Three) years from the date
of commencement of contract and also during the extended period of contract, if any, and
modification in the quoted rate shall not be entertained on whatsoever ground during the
currency of contract.
52
Weekly day of rest:
Subject to the provisions of this rule, an employee in a scheduled employment in respect
of which minimum rates of wages have been fixed under the Act, shall be allowed a day of
rest every week (hereinafter referred to as “the rest day”) which shall ordinarily be
Sunday, but the employer may fix any other day of the week as the rest day for any
employee or class of employees in that scheduled employment:
PROVIDED that the employee has worked in the scheduled employment under the same
employer for a continuous period of not less than six days:
PROVIDED FURTHER that the employee shall be informed of the day fixed as the rest
day and of any subsequent change in the rest day before the change is effected, by
display of a notice to that effect in the place of employment at the place specified by the
Inspector in this behalf.
An employee shall be granted for rest day wages calculated at the rate applicable to the
next preceding day and in case he works on the rest day and has been given a
substituted rest day, he shall be paid wages for the rest day on which he worked, at the
overtime rate and wages for the substituted rest day at the rate applicable to the next
preceding day:
PROVIDED that where the minimum daily rate of wages of the employee as notified under
the Act has been worked out by dividing the minimum monthly rate of wages by twenty
six, or where the actual daily rate of wages of the employee has been worked out by
dividing the monthly rate of wages by twenty-six and such actual daily rate of wages is not
less than the notified minimum daily rate of wages of the employee, no wages for the rest
day shall be payable, and in case the employee works on the rest day and has been given
a substituted rest day, he shall be paid, only for the rest day on which he worked, an
amount equal to the wages payable to him at the overtime rate; and if any dispute arises
whether the daily rate of wages has been worked out a aforesaid, the Chief Labour
Commissioner may, on application made to him in this behalf, decide the same, after
giving an opportunity to the parties concerned to make written representations:
53
Explanation: In this sub-rule ‘next preceding day’ means the last day on which the
employee has worked, which precedes the rest day or the substituted rest day, as the
case may be; and where the substituted rest day falls on a day immediately after the rest
day, the next preceding day means the last day on which the employee has worked,
which precedes the rest day
(v) The quoted service charges shall be exclusive of any service tax, education cess,
secondary and higher education cess or any other applicable taxes as may be levied by
the Government from time to time and the same shall be charged in addition to the quoted
rate.
(vi) In addition to monthly wages as notified by the Government of India from time to time,
persons deployed under categories at Sl. Nos. 1, 2, 3 & 6 will also be entitled to Overtime
Allowance at the rate of double the ordinary rate of wages [Hourly ordinary rate of wages
= Monthly wages ÷ (26 x8)] subject to a ceiling of 50 hours per month for extra hours of
work performed beyond normal working hours.
54
INDIAN INSTITUTE OF MANAGEMENT SHILLONG, MAYURBHANJ COMPLEX,
NONGTHYMMAI, SHILLONG
SECTION- 8
FORMS
55
INDIAN INSTITUTE OF MANAGEMENT SHILLONG, MAYURBHANJ COMPLEX,
NONGTHYMMAI, SHILLONG
FORM-I
AND
56
4. AND WHEREAS the Client desires that the manpower services (as defined in the Bidding
Document) be provided, performed, executed and completed by the Contractor, and
wishes to appoint the Contractor for carrying out such services.
5. AND WHEREAS the Contractor acknowledges that the Client shall enter into Contracts
with other contractors / parties for the manpower services of its premises incases the
Contractor falls into breach of the terms and conditions as stipulated in the Tender
Document and shall waive its claim whatsoever in this regard.
6. AND WHEREAS the terms and conditions of this Contract have been fully negotiated
between the Client and the Contractor as parties of competent capacity and equal
standing.
7. AND WHEREAS the Contractor has fully read, understood and shall abide by all the
terms and conditions as stipulated in the Tender Documents for providing manpower
services in the Client’s premises, failing which the Contract is liable to be terminated at
any time, without assigning any reasons by the Client.
8. AND WHEREAS the Contractor shall be responsible for payment of GST. The
documentary proof of the same must be submitted within one month of payment of
particular bill.
ii). The following documents shall be deemed to form and be read and construed as
part of this Agreement. This Agreement shall prevail over all other Contract
documents.
(a) The Letter of Acceptance (LoA) issued by the Client.
(b) Notice to Proceed (NTP) issued by the Client
(c) The complete Bid, as submitted by the Contractor through CPPP.
(d) The Addenda, if any, issued by the Client.
(e) Any other documents forming part of this Contract Agreement till date.
(Performance Bank Guarantee, Bank Guarantee)
(f) Charges – Schedule annexed to this Article of Agreement
(g) Supplementary Agreements executed from time to time.
57
iii). Any changes/ modifications/ amendments required to be incorporated in the
Contract Agreement at a later stage shall be discussed and mutually agreed by
both the parties and such supplementary agreements shall be binding on both the
parties and shall form the part of this contract agreement.
iv). This Contract shall be governed by and construed in accordance with the laws of
India. Each Party hereby submits to the jurisdiction as set out in the Dispute
Resolution Procedure in the Conditions of Contract.
10. The contractor has to submit an undertaking duly signed and sealed in every month,
along with monthly bill by stating that contributions towards EPF and ESI received from
IIM Shillong were deposited to concerned organizations.
11. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
in accordance with the laws of India on the day, month and year indicated above.
58
PERFORMANCE BANK GUARANTEE
(To be executed on non-judicial stamped paper of an appropriate value)
Date : ....................
AND WHEREAS one of the conditions of the Contract is that the Contractor shall furnish to the
Owner a Bank Guarantee from a scheduled bank in India having a branch at Shillong for a sum of
Rs._____________________ (the amount guaranteed under this bank guarantee shall
hereinafter be referred to as the “Guaranteed Amount”) against due and faithful performance of
the Contract including the performance bank guarantee obligation and other obligations of the
Contractor for the supplies made and the services being provided and executed by under the
Contract. This bank guarantee shall be valid from the date hereof up to the expiry of the Contract
Period including any extension thereof.
59
AND WHEREAS the Contractor has approached [insert the name of the scheduled bank](here in
after referred to as the “Bank”) having its registered office at [insert
theaddress]…………………………………………………………………and at the request of the
Contractor and in consideration of the promises made by the Contractor, the Bank has agreed to
give such guarantee as hereunder:
(i) The Bank hereby undertakes to pay under this guarantee, the Guaranteed Amount
claimed by the Owner without any further proof or conditions and without demur,
reservation, contest, recourse or protest and without any enquiry or notification to the
Contractor merely on a demand raised by the Owner stating that the amount claimed is
due to the Owner under the Contract. Any such demand made on the Bank by the Owner
shall be conclusive as regards the amount due and payable by the Bank under this bank
guarantee and the Bank shall pay without any deductions or setoffs or counterclaims
whatsoever, the total sum claimed by the Owner in such Demand. The Owner shall have
the right to make an unlimited number of Demands under this bank guarantee provided
that the aggregate of all sums paid to the Owner by theBank under this bank guarantee
shall not exceed the Guaranteed Amount. In each case of demand, resulting to change of
PBG values, the Owner shall surrender the current PBG to the bank for amendment in
price.
(ii) However, the Bank’s liability under this bank guarantee shall be restricted to an amount
not exceeding Rs._____________________
(iii) The Owner will have the full liberty without reference to the Bank and without affecting the
bank guarantee to postpone for any time or from time to time the exercise of any powers
and rights conferred on the Owner under the Contract and to enforce or to forbear
endorsing any powers or rights or by reasons of time being given to the contractor which
under law relating the Surety would but for the provisions have the effect of releasing the
surety.
(iv) The rights of the Owner to recover the Guaranteed Amount from the Bank in the manner
aforesaid will not be affected or suspended by reasons of the fact that any dispute or
disputes have been raised by the Contractor and / or that any dispute(s) are pending
before any office, tribunal or court in respect of such Guaranteed Amount and/ or the
Contract.
(v) The guarantee herein contained shall not be affected by the liquidation or winding up,
dissolution, change of constitution or insolvency of the Contractor but shall in all respects
and for all purposes be binding and operative until payment of all money due to the Owner
in respect of such liability or liabilities is affected.
60
(vi) This bank guarantee shall be governed by and construed in accordance with the laws of
the Republic of India and the parties to this bank guarantee hereby submit to the
jurisdiction of the Courts of Meghalaya for the purposes of settling any disputes or
differences which may arise out of or in connection with this bank guarantee and for the
purposes of enforcement under this bank guarantee.
(vii) All capitalized words used but not defined herein shall have the meanings assigned to
them under the Contract.
(viii) Notwithstanding anything stated above, the liability of the Bank under this ban guarantee
is restricted to the Guaranteed Amount and this bank guarantee shall expire on the expiry
of the Contract.
(ix) Unless a Demand under this bank guarantee is filed against the Bank within six (6)
months from the date of expiry of this bank guarantee all the rights of the Owner under
this bank guarantee shall be forfeited and the Bank shall be relieved and discharged from
all liabilities hereunder.
(x) However, in the opinion of the Owner, if the Contractor’s obligations against which this
bank guarantee is given are not completed or fully performed by the Contractor within the
period prescribed under the Contract, on request of the Contractor, the Bank hereby
agrees to further extend the bank guarantee, till the Contractor fulfils its obligations under
the Contract.
(xi) We have the power to issue this bank guarantee in your favour under Memorandum and
Article of Association and the Undersigned has full power to do so under the Power of
Attorney dated
Bank
(Corporate Seal of the Bank)
By its constituted Attorney Signature of a person duly authorized to sign on behalf of the Bank
61
ANNEXURE- I
Authorized Signatory
Full Name and Designation with Company/ Firm’s seal
62
INDIAN INSTITUTE OF MANAGEMENT SHILLONG, MAYURBHANJ COMPLEX,
NONGTHYMMAI, SHILLONG
SECTION – 9
CHECK LIST
63
CHECK LIST ON PREPARATION OF BIDS
64
Table-B: Sample of item Rate (in percentage) Tender Value
Form
(This is a sample for reference only, the BOQ.xls tobe filled online in CPPP portal with given
template only, which will be treated as PRICE BID for the Tender)
Name of Work: PROVIDING MANPOWER FOR OFFICE STAFF, BUILDING AND ELECTRICAL
MAINTENANCE STAFF & HOUSEKEEPING, SERVICES
PRICE SCHEDULE
(This BOQ template must not be modified/replaced by the bidder and the same should be uploaded after filling
the relevent columns, else the bidder is liable to be rejected for this tender. Bidders are allowed to enter the
Bidder Name and Values only )
NUMBER
NUMBER # TEXT # NUMBER # TEXT # NUMBER #
#
Sl. Item Description Quantity Units % Service Charges TOTAL
No. (incl of all Taxes, S.C in %
excluding GST) In Rs.
Figures To be entered P
by the Bidder
1 2 4 5 13 53
1 % Service Charges
Total in
0.00
Figures