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    © All Rights Reserved
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    13 views34 pages

    Dairy Product Tender

    Uploaded by

    Vishal Chaudhry

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 34
    Notice Inviting e-Tender for Installation & Operation of Dairy/Dairy Products Booth in & around the premises of Hospital & Housing Complex, SGPGIMS, Lucknow | NIT No. NIT Issue Date E Last Date of Submission LT SI. No. Particulars Page No. ds Agreement Overview 3-4 2. _ | Eligibility of bidders 4 3. | Objective & goals 5 4. Tnstructions for technical & financial bid | 5-8 8 Terms & conditions 8-20 6. _ | Penalty 20-22 7. _ | Scope of service 23 8. | Report 24 9. | Buyers obligations 24-25 10. | Important note 26-27 11. | Annexure —I 28 12. | Annexure — II 29 13. | Annexure — IIT 30 14. | Annexure —IV 31 15. | Annexure — V 32 16. | Annexure — VI a § Si DAIRY/DAIRY PRODUCTS BOOTH INSTALLATION TENDER 1, AGREEMENT OVERVI. This Agreement represents a Service Level Agreement (“SLA” or Agreement’) between the Buyer and Milk/dairy Booth Services provider. Purpose of this agreement is to facilitate implementation of Milk/Dairy Services at the Buyer's premises. This Agreement outlines the scope of work, Buyer's Obligations and Special Terms and Conditions of Services covered as they are mutually understood by the stakeholders. 1.1 Period of contract a. The life of this contract is for maximum period of 03 years from 01-04-2021, In the first instance, the contact would be for a period of one year. Thereafter, the contract shall be renewed for further period of one year each on the request of the service provider, made in writing at least three month before the date of expiry of the period of contract, all the extended period of contract, as the case may be, and upon receipt of satisfactory performance report on such request. ©. Each renewal of contract shall be made on the same terms and conditions on which this initial agreement is entered into, Subject to other conditions of the contact, the minimum period for the running of the contract is one year during which the licensee cannot withdraw from its obligation under the contract. ¢. In all circumstances and eventualities, whether arising out of expiry of the Period of contract or its non-renewable or termination or withdrawal the service provider shall have to continue the work till such time that a new or alternate arrangement is meant by the institute, 1.2 Licence fee Licensee shall pay the institute a licence fee equal to the highest financial bid which f 7 will be exclusive of GST or any other statutory levy/taxes which will be. the responsibilty of the service provider under the provision of the respective tax. laws, however, the licence fee shall be deposited by licensee in the institute account within bo 07 (zero seven days) from the date of execution of this agreement and for the subsequent year licence fees shall be deposited in the 53° week from the commencement of the contract, after enhancement by 10%, as annual escalation. ae Gino. ear Amount + Tax Deposit by Date I. list year + Tax By 31st Mar, 2023 5 LE ( i va SS ard year + Tax By 3ist Mar, 2028. w 3" year +Tax [By 31st Mar, eT + The licensee shall maintain a pass book for depositing licence fee which will be signed by the Estate officer. + The licensee shall bear and pay the electrical and other utility charges as per actual consumption through sub metre and the rules of the institute applicable from time to time. icence fees shall be enhanced by 10% per year of the original icence fee at the time of renewal of the agreement exclusive of GST or any other statutory levy/taxes 2. ELIGIBILITY OF BIDDERS: 1. The bidder MUST be either: a) Apex Dalry Co-Operative Society approved/ registered by Government/under appropriate body. i, OR b) Dalry Co-Operative Federations/Members of National Co-Operative Dairy Federation of India Limited (NCDFI) and / or developed under the aegis of Operation Flood Program or under NDDB i. OR ©) Bodies/Agencies registered/certified by FSSAI for sale of milk and milk products 2. The bidder must have experience of operating dairy booth 24x7x365 in a minimum 200 bedded hospital for 03 preceding continuous years out of last 04 years i.e. 2016-17, 2017-18, 2018-19 & 2019-20, OR The bidder must have experience of operating dairy booth in educational institutions/ government organizations for 03 years out of last 04 years i.e., 2017-18, 2018-19, 2019-20 & 2020-21 The bidder must have annual turnover of INR 45,00,000.00 (Rupees Forty Five Lakhs only) per annum for rendering the services as stated in point no.2 above for 03 years out of last 04 years i.e. financial 2017-18, 2018-19, 2019- 20 & 2020-21 duly certified by Charted Accountant, Note: Experience and satisfactory work experience certificate Issued by head of the institution/authorized signatory must be annexed with bid. : axe 3. OBJECTIVE AND GOALS ‘The objective of this Agreement is to ensure that the proper elements and commitments are in place to provide consistent delivery of service to Buyer by Service Provider. The goals of this Agreement are to * Establish Terms and Conditions for all the involved stakeholders. * To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons. * To provide clear reference to service ownership, accountability, roles and/or responsibilities, 4. IN! FR. BI 4.1 Instructions for Technical Bid The bidder shall upload the valid documents, certificates and affidavits as. Usted below with the Technical Bid and shail specify the page no. failing Which bid will be summarily refected:- (a) Bidder must upload scanned copy of EMD deposit or certification of exemption, (b) Bidder must upload Certificate of Turnover for the desired period and amount in the related field/business, as stated in the ‘eligibility of bidder, Issued by Chartered Accountant in the annexed format at Annexure no. I of Technical Bid. (c) Bidder must upload the self-attested scanned copy of PAN. (¢) An affidavit duly sworn before a Notary that the firm or proprietary concerned or company have never been blacklisted (Annexure -II of Technical Bid). (c) An affidavit duly sworn before a Notary that neither bidder nor the firm/ Partners/proprietor/Director of the company has never been convicted or Punished by any Hon'ble Court of Law nor any criminal prosecution, involving moral turpitude , in which a charge sheet is issued, is pending against any of them. (Annexure- ITI of Technical Bid) (f| Self-Declaration to the effect that the rates quoted in the Tender Is the lowest rates, or the highest rate (as the case may be), quoted to any Government Institute/Hospital (State/Central) in India. (Annexure-IV of Technical Bid) awa @ (g) An affidavit to the effect that bidder does not have any relation with the person authorized to evaluate technically or involved in finalizing the tender. (Annexure-V of Technical Bid) (h) Self-attested scanned copy of EPF & ESI Registration certificate along with the code number, (i) Self-Attested scanned copy of GST registration Certificate along with number. (i) Scanned copy of FSSAI Certificate for sale of milk and milk products from registered bodies/agencies () Copy of resolutions for authorization of signatory to sign the bid along with name and designation. ()) Bidder must upload the Acceptance in the given format of this tender document (m) All the above required affidavits/declaration must be sworn/made on or after the date of uploading of tender document. {n) Registration of firm/company/bidder. (0) I/ We recognize that Institute has the right to accept/reject our Bid without assigning any reason 4.2 Instructions for Financial Bid The bidder shall complete the financial bid as per the points given below and shall upload all the below mentioned documents/ certificates with financial bid, failing which bid shall summarily be rejected:- a. The bidder must quote in figures as well as in words the amount offered and in the even to any discrepancy, the amount quoted in word would be taken to be the offered amount b. The bidder should ensure that the rates are written in such a way that no blank space is there c. Bidder must clearly specify the GST to be paid extra, failing which amount quoted will be taken as license fee excluding GST. GST will not be considered for deciding H-1 (Highest bidder) d. The bidders may visit the institute before quoting the rates, they may contact Dr. Rajesh Harsvardhan (CUG no. 8004969828) for clarifications, if any Fal ine ee & The bidder quoting highest rental/licence fee for all six places (cumulative total amount) will be declared as successful bidder (cumulative total H1) under reference 1.2 for tax liabilities, f [We/are aware that the license fee quoted hereunder does not include GST, IMe also understand that I/We will pay the GST on license fee @ __% /(as applicable) to Institute in addition to the following license fee quoted which will in turn be paid by the Institute to the concerned Government Department, ‘The annual license fee offered (in Indian Rupees), payable annually, is in the table mentioned in section 1.2. 4.3. BID SHALL BE REJECTED IF:- Ce @. Bidder fails to upload the scanned copy of EMD in light. of @6tdated Ahh 3) (4 25/08/2020, 7/12/2020 & 49/02/2021 copies enclosed). 720. b. Bidder fails to upload the documents, certificates and affidavits, as listed in the point no. 4.1 & 4.2, c. Authenticity of any of the supporting document Is found to be fabricated, d. Bid sent through courier service or deposited by hand. © Bidders try to influence any official of the Institute, in any manner whatsoever, f. Bid is found to be incomplete in any respect. Q. Bid is found to be conditional. h. Any affidavit /declaration/certification is found to be false or untrue or Incorrect or forged or deceitful at any point of time. 4.4 Ch List; | Sl.No. Document to be submitted Yes/No | 1.__| Scanned copy of EMD 2. | Experience and satisfactory work experience certificate 7 CA certificate in the format given at Annexure- I of technical bid 4.__|Self-attested copy of PAN 5. | Affidavit in the format given at Annexure-II of technical bid 6. Affidavit in the format given at Annexure-III of technical bid Self-Declaration in the format given at | Annexure-IV of technical bid 8. | Affidavit in the format given at Annexure-V of technical bid Valid EPF Registration certificate 10. | Valid ESI Registration certificate i1._| Valid GST registration Certificate 12. _| Valid FSSAI Certificate 13.__| Copy of resolutions 14. | Acceptance in the given format 15._| Registration of firm/company/bidder __| 5. TERMS & CONDITIONS 5.1 Only Proprietor will sign the Agreement in case of Award of work to a Proprietary Firm, however in cases of Partnership/Company only legally authorized person will sign the Agreement. THE SUCCESSFUL BIDDER DELIVERABLES (a) The Successful bidder shall provide the Services in the designated area on 247x365 basis, (b) The designated areas are mentioned vide infra- PMSSY Building, Ground floor, in front of Ayushman Counter Patient Relatives Accommodation, near Existing Canteen General Hospital, Ground floor, near Pharmacy counter College of Medical Technology, Ground Floor Married Residential Accommodation Community Centre oy ew (©) The Services shall be provided only through qualified and experienced personnel for particular service. (d) Before start of work/deployment the Successful bidder shall submit details (including identity, educational qualification, bank account number, credential etc.) of personnel through which the Services will be rendered to the Nodal Officer/HoD HA/MS/CMS. The Successful bidder will pay wage only through RTGS/ NEFT to the personnel deployed for providing Services and submit the proof of such payments to Institute on monthly basis. The value of such payments will not be less than minimum wages effective at that time. (e) The Successful bidder will issue the identity card to the manpower deployed with name and address of the manpower and employer bidders name printed on the card. Under no circumstances should such identity card carry the name of the Institute, or its logo, in any form. (f) All manpower deployed for the Services shall wear such dress as may be specified by the Institute from time to time. ae a (9) The successful bidder shall ensure that there Is no disruption of services because of absenteeism of human resource. The Successful bidder must have and alternative backup plan for continued availability of human resource to ensure that there is no disruption to the services, (h) Before deployment of any manpower the successfully bidder shall upload:- ) Copy of letter of appointment issued to the deployed manpower carrying the signature of the incumbent. ii) An undertaking from the deployed manpower to the effect that he/she would not claim any rights to be an employee of the Institute on the basis of his/her deployment under the terms of the contract. 5.2 PERFORMANCE INDICATORS Performance of the contract would be judged as on overall basis, inter-alia taking the following parameters into consideration:- (Attendance and punctuality of personnel deployed to provide Services, (il) Status and quality of task performed, (ii) Number of breakdowns in the Services/Stok out/stale food/food not fit for human consumption (iv) _Inter-personal and behavioral problems observed, (¥) Undesirable actions observed winich may cause or may have caused financial and reputation loss to the Institute. (vi) Complaints received (vii) General opinion/general assessment by any faculty/department/committee, constituted for the purpose of monitoring, 5.3 RESPONSIBILITIES OF THE SUCCESSFUL BIDDER (a) The Successful bidder shall provide all the Services as provided in the scope of services. The Successful bidder shall provide such Services on all working days/shifts and even on holidays 24 x7 x365. (b) Apart from providing the aforesaid Services, as and when called for the Successful bidder shall discharge any other duties, which in the opinion of the Institute are within the SCOPE OF WORK of the Successful bidder, and the Successful bidder shall cary out such duties with diligence and care, (©) _ The Successful bidder shall provide speedy and competent services as Per the performance benchmark and shall also deploy the required ‘Number of personnel to this effect. (2) The manpower deployed by the Successful bidder for carrying out the Services under the terms of the contract shall be employees of the ‘Successful bidder. No relationship of master and servant is created between the deployed manpower and the Institute under this contract. The Successful bidder shall be solely responsible for their affairs and will be under mandatory / obligation to comply with the statutory a ve obligations such as EPF, GST, ESIC etc. as and where applicable, These personnel shall have no claim whatsoever, to be treated as employees of the Institute. In the event any such claims made by the personnel of the Successful bidder on the Institute, the Successful bidder shall be wholly responsible and Successful bidder shall indemnify the Institute against any such claims, either monetary or otherwise. Over and above as foresaid, all applicable statues, will invariably be invoked concurrently or prospectively as will be the case, will be borne by successful bidder or the institute as per the provision of the said tax. (e) The Successful Bidder at all times should indemnify the Institute 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, Payment of Bonus Act, 1965 or any other law relating thereto and rules made there under from time to time. The Institute will not own any responsibility in this regard. (f) Successful bidder shall be fully responsible for any accident or mishap involving manpower engaged by him and any claim made on this part will be paid by the Successful bidder. The Successful bidder shall indemnify the Institute from any claims arising out of accidents or mishaps, disabilities of any nature or death, or arising out of provisions under law or of any other nature in respect of all manpower engaged by Successful bidder. (9) In case the Successful bidder fails in fulfilling the obligations of Work/service under the contract, fully and in time, the Institute shall have the absolute right to take up the work at the Successful bidder's cost and risk, and recover all such expenses from the amounts due to the Successful bidder including their Security Deposi (h) The Successful bidder will post suitable and experienced personnel as may be needed to supervise and guide the personnel for proper completion of the work/ Services as per direction of the Nodal Officer or by such officer as may designated by the Institute. The Successful bidder is overall responsible for the good conduct and character of the manpower deployed, Successful bidder is expected to be duly diligent to carry out background check of every manpower before deploying it with the Institute and ensure that no criminal case is ongoing against any of the manpower deployed as and when they are deployed by the successful bidder. (They will have to abide by the applicable Minimum Wages Rules and all other relevant and applicable statutory labour and other laws, rules and regulations as applicable. The Successful bidder shall comply with regulation of any statutory authority on any obligation imposed upon him by the authorities or applicable under any law as a result of establishing and running the Services and indemnify the Services under the Agreement to be executed between Institute and Successful bidder and shall indemnify the Institute and its officers/employees from any a aa NX @ 5.4 (a) (b) 55 claim or consequences/damages for any lapse or non-compliance thereof. The Successful bidder and his assistants and personnel shel be liable to be dealt sultably in the event of infringement of any law. Any liability arising on the Institute as principal employer shall be deducted from the bills of the Successful bidder and the full amount hall be recovered from the security deposit and subsequent monthly bills of the Successful bidder. ‘The Successful bidder shall be responsible for the conduct of his Personnel and in case of any complaint against any staff, the Successful bidder shall be under obligation to suitably punish’ such Personnel or to take such other action as may be directed including removal or substitution of such Personnel when instructed orally or in writing by the Nodal Officer. The Successful bidder shall observe all the faws and shall be responsible for any prosecution or liability arising from breach of any of those laws. The Institute shall not be held accountable or responsible under this head with regard to staff on the rolls of the Successful bidder in any manner whatsoever. COMPLIANCE OF LABOUR STATUTES The Successful Bidder shall comply with all the statutes pertaining to Labour Laws which are in force at present or which may come into force during currency of the contract. ‘The Successful Bidder shall agree to maintain employment records in respect of its personnel as required under various Labour Statutes, Such as attendance register, wage register, wage slips, bonus register and leave register etc. If Successful Bidder engages 20 or more Personnel in the Institute premises, the Successful Bidder shall Immediately obtain required license under the provision of the Contract Labour (Regulation and Abolition) Act, 1970. {twill be the sole responsibilty of the Successful Bidder to abide by the Provisions of all Labour Laws as to the workers engaged by him for performance of the contract. CONTROL & SUPERVISION OF SUCCESSFUL BIDDER’S PERSONNEL (a) (b) The ‘Successful Bidder shall in person or through the supervisors, Supervise and control the working of all the personnel engaged by him for the purpose of carrying out the obligations under the contract and shall be fully responsible for maintaining discipline, peace, good behavior, appearance of the personnel deployed in the Institute's premises In the event of the work carried out by the Successful Bidder or its Personnel if being not found satisfactory, the Successful Bidder upon advice, directions or orders from the Institute shall take immediate uu ie © 5.6 @) () © (d) @) o )) necessary steps 50 as to provide prompt, uninterrupted and effective services, as per terms of contract. The Successful Bidder shall ensure that the personnel engaged by them shall remain on the premises of the Institute as per timings indicated by the Institute. However, prior permission will have to be obtained by the Successful Bidder/its supervisors from the Institute in the event of Successful Bidder/its personnel being required to remain on the Institute’s premises beyond the aforesaid stipulated time and/ or on Sundays and fixed Public Holidays for any reasons whatsoever. DAMAGES TO PERSON & PROPERTY ‘The Successful Bidder shall ensure that all manpower deployed for carrying out the terms of contract is duly covered and registered under beneficial insurance scheme of ESI corporation and their contribution is, regularly deposited to meet any eventuality of accidents (fatal or otherwise) or injuries. The Successfully Bidder shall submit along with his monthly bills, proof of deposit of ESI of all manpower deployed during the period of the bill if applicable. The Successful Bidder shall ensure that the Institute shall in no way be held responsible or liable to meet any claim of the personnel deployed by the Successful Bidder against any accident or injury etc. suffered by the personnel of Successful Bidder during the course of his employment. The Successful Bidder shall indemnify the Institute at all times against all claims for compensation under the provision of any law for the time being in force or in respect of any personnel employed by the ‘Successful Bidder in carrying out the contract and against all costs and expenditures incurred by the Institute in connection therewith. The Institute shall be entitled to deduct any amount due for such claims including costs and expenses in connection with such claim from the money payable by way of consideration as aforesaid, If in the course of execution of the contract by the Successful Bidder any damage is caused by the Successful Bidder or Its personnel deployed in the Institute's premises to persons and property of the Institute, the Successful Bidder shall be liable for the same and indemnify the Institute against such damages. Successful Bidder shall also render all assistance and cooperation to the Institute in the event of any inquiry relating to any accident. In case of any lapse, default and negligence, fraud etc. on the part of the Successful Bidder or its personnel deployed in the Institute's premises, due to which the Institute suffers any loss, the Successful Bidder shall be responsible to indemnity the loss and damages to the Institute. However, Institute will be at liberty to recover such losses from his security deposit and/or other payments due to him ‘The Successful Bidder shall indemnify the Institute against any action, proceedings, claims or demands of any persons(s), or its personnel \ Sa ie Ray made against the Institute in respect of Services. The Successful Bidder shall also indemnify the Institute for any commission or Omission or default on the part of the Successful Bidder, its personnel OF agents which the Institute may have to pay, incur or sustain by Feasons of any such action, proceedings, claims or demands or otherwise in relation thereto, or for any reasons whatsoever. 5.7 MISCELLANEOUS LIABILITY /RESPONSIBILITY (a) (b) () (@) (e) ( ‘The Successful Bidder shall not divulge any information confidential or otherwise that he may come across. The Successful Bidder has been granted license by the Institute to enter the premises only for the Purpose of carrying out the contractual obligations and not for any other reasons or purpose. It Is specifically made clear to the Successful Bidder that such license is valid only during the subsistence of the contract and such license shall not be construed to confer any Tight on the Successful Bidder and or for its personnel, including the right to tenancy, sub-tenancy ete. Any financial liability arising to the Institute under the contract shall be deducted from the bills of the Successful Bidder and if the full amount 's Rot recovered then the same shall be recovered from the security money of the Successful Bidder. The Successful Bidder and their staff/personnel shall follow the instructions/directions/orders/rules and regulations of the Institute in force or as amended from time-to-time by the competent authority of the Institute or officer nominated by the Institute or Nodal officer of the Institute. The Successful Bidder on the direction, orders or advice of the Institute will be under mandatory obligation to change the Personal immediately. The Director of the Institute or any officer authorized by the Institute, may review or ascertain and enforce due and proper observance of the laws and rules and regulations. The officer so authorized by the Institute or the Director of Institute, may investigate into any Complaint regarding default in terms and conditions of bid/Agreement committed by the Successful Bidder, 'No party shall be allowed to be represented by legal expert during any investigation, enquiry, appeal or any other proceeding by or before any officer of the Institute against the Successful Bidder. The Successful Bidder shall follow the employment reservation law/order as applicable in Uttar Pradesh Government. wv W 5.8 VALIDITY OF TENDER ‘The initial validity of the offer made in tender document is 90 days from the date of opening of the technical bid. At the behest of the Institute the Successful Bidder shall increase the validity period of his offer subject to @ maximum of another ninety days. 5.9 COMMENCEMENT OF WORK ‘The Successful Bidder is required to sign the Agreement and start the work within seven days from signing of the Agreement. In case it is found that the work has not been taken up within seven days from the date of signing the ‘Agreement, the Institute at its sole discretion may cancel the same and forfeit the earnest money deposit or Security Deposit, as the case may be. 5.10 PERIOD OF CONTRACT AND ITS RENEWAL (@) The life of the contract shall be for a maximum period of 03 (three) years from the date of execution of agreement. (») In the first instance, the contract would be for a period of one year Thereafter, the contract shall be renewed for further periods of one year each, on the request of the contractor, made in writing at least three months before the date of expiry of the period of contract, or the extended period of contract, as the case may be, and upon receipt of satisfactory performance report, on such request and need of the Institute. (©) Each renewal of contract shall be made on the same terms and conditions on vihich the initial agreement has been entered into. (@) Subject to other conditions of the contract, the minimum period for the running of the contract is 1 (one) year, during which the successful tenderer cannot withdraw from its obligations under the contract. (© Inall circumstances and eventualities, whether arising out of expiry of the period of contract or its non-renewal or termination or withdrawal, the Successful tenderer shall have to continue the work till such time that a new or alternate arrangement is made by the Institute. 5.11 SECURITY DEPOSIT i$ ake fe a. The service provider/successful tenderer shall submit security deposit of the amount stated hereinabove, having validity of months. The service provider/successful tenderer shall ensure the extesion of its validity for further period, if the contract is extended. b. The security deposit may be made in the form of Bank Guarantee of any Scheduled Bank, in favour of ‘Director, SGPGIMS, Lucknow. eee cr 5.12 b, ‘The security deposit shall be released, or refunded, as the case may be, only upon expiry of a period of 6 (Six) months after the expiry of the contract or its termination, as the case may be, after adjustment of all dues of the Institute or damages of any kind, if any. The Institute shall be entitied to adjust any and every due amount from the said Security Deposit The security deposit would also stand forfeited, in its entirety, in case the Service provider/successful tenderer withdraws in violation of “Period of contract”, HUMAN RESOURCES AND COMPLIANCE OF LABOUR STATUES ‘The licensee shall keep the premises and surrounding area cleared at all the time. Licensee shall maintain the scheduled property in good order and condition, Milk booth will be run by the licensee by his own employee and pay their wages as per minimum wages act. The workers of the licence shall not be treated as employees of the institute in any case and licensee will be solely responsible for their affairs and will be under obligation to comply with the statutory obligations. These workers will have no claim whatsoever, to be treated as employees of the institute. The license shall abide by the provisions of minimum wages act, 1948 and all other relevant and applicable statutory labour contract and other laws, rules and regulations as applicable in the state of Uttar Pradesh. The licence shall comply with regulations of any statutory authority on any obligation imposed upon him by the authorities or applicable under any law as 2 result of establishment and running the services. The licence shall indemnify the Institute and its officers / employees from any claim or consequences / damages for any lapse or non-compliance thereof. Ucense shall be fully responsible for any accident or mishap involving Personnel engaged by him and any claim made in this behalf will be paid by the license. The license shall indemnify the Institute from any claims arising Out of accidents or mishaps, disabilities of any nature or death, or arising out Of provisions under law of any other nature in respect of all workers engaged by license. The license will make full arrangement for safety and security of all such staff, cense shall abide by and comply with all the laws and shall be responsible for any prosecution or liability arising from breach of any of those laws. The institute shall not be held accountable and responsible on this head with regard to Staff on the roles of the licence whatsoever. Notwithstanding anything to the contrary contained in any other provision of this agreement, it is agreed between the parties that no person or human 15 on WwW S 5.13 5.14 resource deployed or engaged by the license in connection with the carrying out of the responsibilities of the license under the terms and condition of this contract would ever be deemed to have been engaged by the institute nor would any relationship of the employer - employee be ever deemed to have come with existent between such person and the institute. For all legal purposes, such a human resource would always remain an employee of the service provider. In case if any such person raises grievance or dispute with the institute. The licence shall keep the institute indemnified in all respects. The licence would also fully indemnify any legal and financial liabilities bestowed upon the institute In respect to the personal employed / deputed under the Agreement. If at any time It is found that any type of liability / responsibility fixed on the institute or Its employees by any government or local bodies regarding the contract, the total responsibility will have to be borne by the licensee. It will be the sole responsibility of the licensee to abide by the provisions of all labour laws as to the workers engaged by him for performance of the contract. ACTS OF GOD & OTHERS- Neither Party of the agreement shall be responsible for any delay in performance of any _ terms and conditions here under to the extent delay is caused by fire, explosion, war or act of God. NOTICE PERIOD FOR ABANDONMENT OF CONTRACT (a) Neither party shall be entitled to withdraw from the contract during initial period of one year. (&) After expiry of the initial period of one year, either party shall be entitled to withdraw from the contract after serving three-month notice in writing to the other party in this behalf. (©) Notwithstanding any other provision contained herein, in all cases of withdrawal from contract or termination of contract under clause 10, the Service provider shall have to continue the work under the contract till an alternative arrangement is made by the Institute. In the event of failure to observe this condition, the entire Security Deposit, as also any and all other dues, lying with the Institute, would stand forfeited. ov oe 5.15 TERMINATION OF AGREEMENT After giving opportunity of being heard to the successful tenderer, in a Summary proceeding, the Institute may terminate the contract in the event of:- (@) (b) © @ ©) oO (8) (ny @ Breach of any of the terms and conditions of this contract, Any document or information uploaded by the successful tenderer, either before the signing of the contract or during the subsistence thereof, being found to be forged, fabricated or materially incorrect, ‘The successful tenderer submitting to the Institute materially false or incorrect reports. Interference, in any form, during any inspections by an inspector nominated by the Director. The successful tenderer fails to observe agreed service standards or fails to provide Services in conformity with Institute; instructions or procedures or protocol. ‘The presentations and declarations made by the successful tenderer before entering into the contract with regards to its performance of Services, functions etc., are found to be false and misleading, The successful tenderer goes into liquidation or is wound up or dissolutions proceedings are initiated, If liquidator or Receiver is appointed to take possession of undertaking, business or assets of successful tenderer, Changes in the Ownership or Management of the successful tenderer 5.16 SETTLEMENT OF DISPUTE & LAW:- a. b. The laws of India shall apply to this agreement. The courts at Lucknow shall have exclusive jurisdiction restriction in all matters arising out of this agreement. In the event of any dispute or difference between the parties relating to or concerning the interpretation of the contract or any alleged breach thereof or any matter relating to the contract, the same shall be settled by the parties, as far as possible, by mutual discussions and consultation between themselves. The dispute shall be so settled whether the same has arisen during the subsistence of the contract or thereafter. In the event of any dispute or differences, arising in connection with the agreement, whether during the subsistence of the contract or at any time after expiry thereof, not being resolved in the manner Provided in clause 'c’ above, the same shall be referred to the Director, SGPGIMS, Lucknow, who may take advice or assistance of any person oF committee, in his sole discretion, and thereupon decide the dispute or difference, in a summary manner. ” og

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