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Transcript of ENCLOSURE TO THE TENDER FORM FOR …apsrtc.gov.in/Tenders/CPM090118.pdfamount for Rs.2,20,000.00...
ENCLOSURE TO THE TENDER FORM FOR PROVIDING OF SWEEPER-cum-ATTENDERs
TO WORK AT APSRTC CORPORATE OFFICE. RTC HOUSE, VIJAYAWADA AND
CENTRAL HOSPITAL, VIDYADHARAPURAM, VIJAYAWADA THROUGH THE MAN
POWER AGENCY ON OUTSOURCING BASIS PUBLISHED VIDE NOTIFICATION
No. E5/122(07)/2017-PO-II, DATED 14.12.2017.
###
TENDER CONDITIONS
1) The successful bidder has to undertake the job by supply of Manpower to perform the duties of
SWEEPER-cum-ATTENDERs at APSRTC CORPORATE OFFICE, RTC HOUSE, VIJAYAWADA AND
at CENTRAL HOSPITAL, VIDYADHARAPURAM, VIJAYAWADA ON OUTSOURCING BASIS as
specified in the Tender Notification on work contract basis.
2) The period of contract is ONE year from the date of agreement on payment of security deposit
prescribed which is extendable for ONE more year on similar terms and conditions and subject to
the satisfactory performance of the successful tenderer.
3) The tenders are invited from the eligible bidders who possess valid Labour License.
4) Finalisation of tenders will be by way of negotiations by the Tender Committee with the
Tenderers and decision of the Tender Committee in this regard shall be final.
(a) If any Tenderer quotes less than the estimated / notified monthly remuneration worked out
based on the minimum wages notified as per the circulars issued from time to time plus statutory
provisions thereon in the Tender Form, the same will automatically be disqualified and will not be
considered.
(b) Other things being equal, the tenderer who is holding PF and ESI code numbers shall be given
preference over those not having the same.
(c) In case there are more than one tenderer quoting the same lowest amount, allotment of the
contract shall be made on the basis of lottery.
(d) If the lowest monthly remuneration quoted by any Tenderer who is not holding PF & ESI Code
numbers is less than the monthly remuneration quoted by the Tenderer who is holding PF and ESI
Code numbers, the Tender Committee shall have the right to negotiate with the Tenderer having PF
and ESI Code numbers for reducing the monthly remuneration, so as to give preference to those
having registered with PF and ESI Authorities.
5) The successful Tenderer should not engage persons below the age of 18 years and above 45
years of age for the work. The successful tenderer should deploy the persons who must have
minimum educational qualification of 7th standard or equivalent and possess good physical
standards.
(Continued in Page..1)
6) The EMD amount of Rs.2,20,000.00 (Rupees Two lakhs twenty thousand only ) should be paid
through crossed D.D drawn in favor of Chief Accounts Officer, APSTRC, RTC House,
Vijayawada and failure to enclose the D.D to the Tender will lead to rejection of Tender. The
EMD amount shall not carry any interest.
7) EMD is not exempted to any Society/Voluntary Organization / Institutions/ Communities etc.
8) In case EMD paid by the Tenderer is less than what is stipulated in the tender notification or the
EMD is paid through other means i.e., in a manner other than that stipulated in the terms and
conditions, the tender will be summarily rejected besides forfeiting the Earnest Money Deposit.
9) If the tender form, after purchase is transferred in some other’s name, the tender quoted shall be
treated as invalid and rejected besides imposing the penalty of Rs.10,000.00 or forfeiture of 25% of
EMD whichever is less from the participant in the tender process.
10) The Corporation is not responsible, if the tenders are held up due to litigation in Honorable
Courts OR for any other administrative reasons.
11) The EMD amount of unsuccessful bidders will be refunded after finalization of tenders, without
any interest.
12) Tenders in the name of the minor or on behalf of the minors will be rejected. Tenders, once
submitted shall not be permitted to withdraw.
13) In case of Firms/Companies/Corporations etc., the authorized representatives can submit the
tender application along with authorization letter.
14) The Tender Form duly filled in, along with the Demand Draft in Original towards the EMD
amount for Rs.2,20,000.00 should be submitted together with the terms and conditions duly signed
on each page. Amount quoted by tenderer towards monthly remuneration should be written both in
figures and words clearly and other supporting certificates shall be kept in a sealed cover. In case
of any correction on the monthly remuneration, it should be written in both figures and words
clearly. In case of any corrections on the monthly remuneration quoted or any other corrections in
the tender form, they should be attested by the tenderer, otherwise the tender will be rejected. On
the sealed cover, name and address of the tenderer shall be indicated.
15) The sealed cover should be placed in the tender box, kept in the office of the Chief Personnel
Manager, Vijayawada up to 14.00 hours on 10 /01/2018. The tenders received after the stipulated
date and time will not be accepted. Tenders will be opened at 15.00 hours on the same day by the
Tender Committee.
16) Tender forms not accompanied by the Demand Draft in Original towards the requisite EMD;
incompletely filled tender forms, tender form without signature and without signature on each page
on the terms and conditions will be rejected.
(Continued in Page..2)
17) Tender forms with any pre-conditions or additional conditions other than the conditions
prescribed by APSRTC will summarily be rejected.
18) The tenders once submitted are not permitted to be withdrawn at any stage of the tender
process. Any request for such withdrawal of tender will result in forfeiture of EMD.
19) The persons who are black listed or who have bad track record with the Corporation or against
whom business complaints are pending will not be considered for allotment of the contract even if
they fulfill all the other conditions.
20) If the Successful Tenderer fails to take up the work within the period specified, the EMD will
be forfeited.
21) The Successful Tenderer shall enter into an agreement for under taking the work as per the
prescribed terms and conditions.
22) The Corporation reserves the right to modify any condition/conditions of the Agreement during
the period of agreement and the Successful Tenderer has to abide by such modified conditions of
the Corporation and has to enter into a fresh agreement with the Corporation at his own cost.
23) The Successful Tenderer should produce the persons, whom he proposes to deploy on the work,
along with their certificates concerned, before the Tender Committee immediately on finalization of
the tender.
24) In case, the Successful Tenderer deploys any of his family member who are covered under the
term “Family Members” as defined under Sub-Section 3 of Section 26 of the Minimum Wages Act,
1948, an affidavit explaining the relationship and dependency shall be submitted, both by the
Successful Tenderer as well as the reported family member of the Successful Tenderer individually.
25) The Successful Tenderer / Agency has to furnish the passport size photographs of the Persons
deployed by him for the contracted work, within 15 days of awarding contract containing the
Name, Qualification, experience, age, Father’s Name, Residential address and contact numbers of
each person. The Successful Tenderer shall not change the person without prior approval of Unit
Officer, Supervisor In-Charge.
26) The Successful Tenderer (allottee) has to pay Security Deposit which is equivalent to ‘ONE
MONTH CONTRACT AMOUNT” WITHIN 15 days from the date of allotment of Tender and
enter into an agreement with the Corporation, failing which allotment is liable for cancellation and
the EMD paid by him shall be forfeited to the Corporation, without any further notice / intimation.
Security Deposit will not carry any interest.
27) The Successful Tenderer shall incur upto Rs.40,000/- per month towards cost of consumables
for maintaining the premises including toilets in clean and tidy condition and claim for
reimbursement of the actual expenditure which shall be made along with wage bill every month.
This amount does not form a part of the quotation to be made.
28) The monthly working period of outsourced activity will be reckoned as from the 21st of
previous month to the 20th of the current month and necessary steps shall be taken up to present the
bill by the Successful Tenderer/outsourcing agency in time and ensure that the remuneration of the
contract/outsourced persons shall be paid on 1st of every month.
(Continued in Page..3)
29) Payment of monthly remuneration will be made only on submission of proper claim by 24th of
the month, duly certified by Personnel Supervisor with reference to the register maintained.
In-charge supervisor shall maintain a register regarding the attendance and works carried out by the
workers engaged by the Successful Tenderer.
30) The Successful Tenderer/Outsourcing Agency has to pay the minimum wages to the persons as
prescribed below besides paying employer’s contributions towards PF, EDLIF and ESI etc., in
respect of the persons engaged. He shall produce a remittance certificate towards PF & ESI
contributions at the time of submitting bill in the following month. Any excess deductions made by
the Successful Tenderer/outsourcing Agency in violation of the instructions shall result in stringent
action including termination duly protecting the interest of outsourced persons.
MINIMUM VALUE OF THE CONTRACT SHALL BE ASSESSED BASED ON THE
FOLLOWING THREE COMPONENTS:
(a)The minimum wage to be paid as fixed/communicated by APSRTC per month is as per the rates
communicated by the Government of A.P. (which is Rs.8055/- at present).
(b) The statutory employer’s contributions are payable in respect of the workers towards PF,
EDLIF and ESI etc., along with the administrative and inspection charges, wherever applicable.
(c) Over and above the value of the aforesaid two components, a minimum profit margin of 7%
may be considered to be allowed for the Successful Tenderer.
31) The tenderer shall quote monthly remuneration expected not below the amount per person
which includes minimum wage payable to the persons engaged, contributions payable towards PF,
EDLIF & ESI in addition to the minimum profit margin of 7%. The detailed calculation is as
follows.
The estimated gross monthly remuneration payable per person by the
successful tenderer for those -
HAVING PF CODE
(i) With ESI – (i) UN SKILLED Rs.10,162/-
(ii) SEMI SKILLED Rs. 11,997/-
(iii) SAFAI KARMACHARIS Rs.13,656/-
NOT HAVING PF CODE
(i) With ESI – (i) UN SKILLED Rs.10,178/-
(ii) SEMI SKILLED Rs. 12,015/-
(iii) SAFAI KARMACHARIS Rs.13,678/-
32) In case of the Successful Tenderer, who is not in possession of PF and ESI Code Nos., the
monthly bill of contract amount shall be paid to him only after deduction of the PF amounts from
the wages of the persons engaged by him and recovering the matching contribution (Employer’s
share), together with Administrative and Inspection Charges, EDLIF, ESI and any other recoveries
that are to be made either from the persons engaged by him or from the Successful Tenderer at the
rates prescribed from time to time as per the instructions issued in this matter.
(Continued in Page..4)
33) The Successful Tenderer not in possession of PF Code, shall ensure deduction of PF
contributions from the wages of the persons engaged by him together with the matching
contribution of the employer (Successful Tenderer) along with the Administrative and Inspection
charges at the rates prescribed by the Govt. from time to time and remit to the Secretary, APSRTC
PF(Trust), Hyderabad. If the tenderer is in possession of Code No. allotted by Regional Provident
Fund Commissioner, he shall remit the PF deduction to the respective RPF Commissioner under
intimation to the Unit Officer and he need not remit the PF deductions to APSRTC PF Trust.
Similarly, the Successful Tenderer should remit the ESI contributions to the authorities concerned
under intimation to Corporation. Preference will be given to the tenderer possessing Licence
obtained from the Labour Department, Code Nos. allotted by the Regional Provident Fund
Commission and Employees’ State Insurance Corporation.
34) In case of the Successful Tenderer who is in possession of individual PF/ESI code Nos.
obtained from the competent authority, the Successful Tenderer shall remit the PF/EDLIF amounts
in respect of the persons engaged by him, to the appropriate authorities under PF and ESI
concerned on the Code No., obtained by him and produce proof of the same every month to the
Unit Officer to arrange payment of the monthly remuneration.
35) The Successful Tenderer has to pay the wages to the persons engaged by him at the rates not
less than the “minimum wages” as fixed by the Commissioner of Labour from time to time. He is
responsible for any objections or disputes raised either by the Labour Department or the workers on
any payments to be made to the workers and on any penalties levied by the Government /
Corporation.
36) The Successful Tenderer has to produce a certificate on his contract work every month in time,
which is to be obtained from the Supervisor concerned on the satisfactory performance of the work,
to the Unit Officer concerned for arranging payment of monthly remuneration as stipulated above.
37) If any person of successful tenderer/ Agency absents on a particular day, the corresponding
wage shall be deducted from the successful tenderer in the monthly remuneration bill.
38) The Successful Tenderer shall pay the remuneration by way of cheque or by crediting to the
Bank account of the respective personnel engaged by him, simultaneously enclosing copies as
proof for records.
39) In the event of death of Successful Tenderer, the contract shall come to an end. However, the
Corporation may permit the Legal Heir of the Successful Tenderer to run the contract, on the same
terms and conditions, for the remaining period of contract on execution of fresh deed of agreement
by such legal heir.
40) The Successful Tenderer has to supply Uniform to the persons engaged by him and identity
plates to the workers. No worker shall be allowed without Identity plates. The workers should
contact the supervisor on duty before and after spell of his duty and furnish the position from time
to time. The Successful Tenderer shall not change the persons without prior approval of the Unit
Officer.
(Continued in Page..5)
41) The workmen shall attend work spot on time communicated by management on all working
days with half-an-hour lunch break as specified. He shall not be allowed to leave the work spot
during working hours unless permitted by the Unit Officer/Supervisor In-Charge on urgent personal
work.
42) The workmen shall attend to their work promptly without wasting time and should follow
discipline. Also they should not attend work spot under the influence of liquor or in intoxicated
condition.
43) The Successful Tenderer should fulfill the minimum guaranteed attendance (as decided by the
Tender Committee) of the labour engaged every month. Poor attendance / attendance lower than
the minimum guaranteed attendance shall render the Successful Tenderer liable for imposition of
penalties apart from deduction of wages.
44) The Successful Tenderer should deploy the person prescribed against the each Unit irrespective
of his obligation to extend weekly rest to his employees, which he has to meet on his own
arrangement. The employees have to strictly follow the timings allotted to them. The Unit Officer /
Supervisor, Incharge is authorized to change the work timings based on the day to day requirement.
45) The Successful Tenderer should provide additional personnel, as and when required, on the
same terms and conditions during the contract period of Agreement.
46) The Corporation reserve the right to increase/ reduce the manpower as per requirement by
giving one month notice to the successful tenderer as and when required on the same terms and
conditions during the contract period of agreement.
47) The Corporation will meet the total additional expenditure that arises due to increase in
minimum wages and the corresponding increase in Employers’ contributions towards PF, EDLIF
and ESI and no enhancement of Profit Margin will be allowed on the corresponding increase
in minimum wages as and when the minimum wages are enhanced during the contract
period.
48) Whenever minimum wages payable to the Contract Labour / Workers are enhanced, in the
middle of the Contract period, the Successful Tenderer should pay the difference of Security
Deposit towards the revised monthly remuneration / licence fee and enter into an agreement to that
effect.
49) The Successful Tenderer is liable for any obligation arising out of his contract in respect of
labour engaged by him.
50) No compensation shall be paid by the Corporation for any injury or death of the workers
engaged by the Successful Tenderer within the premises of the Contract. The Successful Tenderer
is liable to bear all expenses and compensation in such cases. The Successful Tenderer shall satisfy
the ANDHRA PRADESH STATE ROAD TRANSPROT CORPORATION with regard to the
arrangements made by him to fulfill his obligation arising out of this clause by way of an Insurance
Policy.
(Continued in Page..6)
51) The Successful Tenderer has to contact the Labour Department and to maintain the registers as
required under law and as required by the Corporation and the same have to be produced for
verification of the inspecting officials.
52) The Successful Tenderer has to obtain Labour license from the Licensing Officer under
“Contract Labour (Regulation & Abolition) Act, 1970” to carry out the work contract in question in
the contract area in the Establishment of APSTRC and submit a copy of the same to the Unit
Officer concerned before commencement of the contract.
53) The Successful Tenderer has to comply with all the provisions of the Acts of Government
relating to Labour Rules and Regulations made there-under from time to time, like payment of
Minimum Wages, Provident Fund, EDLIF, ESI, etc., as prescribed by the State Government, from
time to time and submit the proof of compliance along with the Monthly Bill to the Unit Officer
concerned for payment. He has to indemnify the Corporation all the claims, damages for
compensation under the provisions of all Laws and Acts pertaining to the Labour.
54) The Security Deposit is refundable on the expiry of the period of contract without interest and
subject to the performance and fulfillment of agreement conditions and recovery of fines, damages
etc .
55) The Successful Tenderer has to submit no due certificate from the persons he engaged for the
outsourcing contract work and the Unit Officer where he engaged the outsourcing workers for
release of the Security Deposit paid by him after expiry of the contract period.
56) (a) The Security Deposit paid by the Successful Tenderer is liable to be forfeited, in the event
of non deployment of requisite personnel after depositing security deposit within the stipulated time
as per the allotment order or breach of any of the terms and conditions of the tender besides
termination of contract.
(b) The Security Deposit amount is liable to be forfeited, in the event of non-submission of deed of
License after payment of the Security Deposit amount and commencement of aforesaid contract.
(c) The Security Deposit is liable to be forfeited, in case the Successful Tenderer fails to execute
the contract for the period agreed to, under the contract.
(d) The successful bidder to whom the contract will be allotted shall have to undertake the contract
for a minimum period of SIX MONTHS from the date of entering into an agreement. If he desires
to discontinue the contract for reasons whatsoever, before the completion of the minimum period of
contract, the Security Deposit will be forfeited in favour of the Corporation.
(e) If the successful tenderer desires to withdraw from the contract after the minimum period of 6
months, it is necessary that one month advance notice is to be given. The Security Deposit is liable
for forfeiture in case the Successful Tenderer terminates the contract beyond minimum period
without giving one month notice to the Corporation.
(f) Any violation or breach of terms and conditions of the contract including unsatisfactory
performance of the personnel deployed shall render the contract liable to be terminated duly
forfeiting the Security Deposit.
(Continued in Page..7)
(g) The Corporation shall have right to terminate the contract with a month’s notice, if, in its
opinion, the work of Successful Tenderer is not satisfactory and its decision in this regard shall be
final.
(h) In case of misbehavior, assault on employees of the Andhra Pradesh State Road Transport
Corporation by the Successful Tenderer or his representatives / workers it will lead to imposition of
penalty or termination of contract duly forfeiting the Security Deposit and Criminal Action.
(i) The Contract is liable for termination in the event of Successful Tenderer failing to do the
contract for a continuous period of 90 days which shall also carry necessary penalties and examine
forfeiture of Security Deposit.
57) The monthly bill of the contract amount shall be paid to the Successful Tenderer only after
submission of proof of previous month about deduction of the PF amounts from wages of the
persons engaged by Successful Tenderer and recovering the matching contributions (employer’s
EDLIF: ESI) and any other recoveries that are to be made from the persons engaged by the
Successful Tenderer at the rates prescribed from time to time and its remittance to the Authorities
concerned.
58) The Successful Tenderer is liable to pay the damages, if any, caused to the premises or movable
and immovable property of the corporation, by him or by his agents or representatives or the
persons deployed for work as determined by the Unit Officer. The Unit Officer shall have the right
to recover such amounts towards the damages caused from the monthly remuneration or security
deposit of the Successful Tenderer. In case the amount is recovered from the Security Deposit, the
Successful Tenderer is liable to recoup the same immediately.
589 The Successful Tenderer shall insure the lives of the Labour engaged by him for any eventual
risks that might crop up in the event of any accident and it shall be the sole responsibility of the
Successful Tenderer to meet all the claims / compensation for disability or loss of life of the labour.
60) The Successful Tenderer is liable for imposition of penalties up to Rs.500-00 on each occasion
in case of complaints from the staff, officers and poor performance of work and the same will be
deducted from the remuneration or the Security Deposit, as the case may be. In case, the amount is
deducted from the Security Deposit, the Successful Tenderer is liable to recoup the same
immediately. Otherwise, the contract is liable for termination duly forfeiting the Security Deposit.
61) The Rights given under the Contract are not transferable.
62) The Successful Tenderer is not permitted to sub-let the contract work to any other party.
63) In all disputes, in scope of doubts or interpretation of clauses or conditions and applications of
this contract or otherwise, the decision of the Managing Director, Andhra Pradesh State Road
Transport Corporation shall be final.
64) The workers employed by the Successful Tenderer or the Successful Tenderer himself shall not
have any right or claim, what so ever, for employment, in the Andhra Pradesh State Road Transport
Corporation at a future date. Nor will they be provided any facilities on par with the regular
employees of APSRTC.
(Continued in Page..8)
65) The Tools & Plants required for attending the assigned duties will be supplied by the
Corporation.
66) The Management reserves right to reject any or all tenders without assigning any reason
thereof. The Management also reserves the right to allot the contract to any person of its choice
through negotiations with the tenderer after justifying their ability to comply with the Labour Laws
viz. Payment of Minimum Wages, recovery and remittance of contributions towards PF/ EDLIF/
ESI etc.
67) The Successful Tenderer should adhere to all acts and laws applicable to his business and for
any violation of such laws, the sole responsibility lies with the Successful Tenderer.
68) In the event of any statutory authority imposing any punishment like fines etc., and if the
Corporation is made a party in such penal action, the Corporation has got the authority to keep and
recover such amount due to Successful Tenderer like remuneration / Security Deposit etc., with it,
until it is proved to the satisfaction of the Corporation that such penal actions are ceased. Such
actions may also be reason for termination of contract.
69) On the expiry of the period of licence or its termination, as the case may be, the Successful
Tenderer shall handover the equipments supplied by Department if any to the Unit Officer
concerned in good working condition.
70) (a) The Successful Tenderer shall pay all the taxes including GST under the Central and State
Acts/Rules made there under, applicable to the business. The Corporation is not liable for the
penalties in view of non-payment of taxes or default therein. Any default, non-payment of taxes to
statutory authorities will cause termination of contract.
(b) The tenderer shall provide substitutes for the absentees in order to run the work smoothly
without interruption. However, the muster/wage shall be drawn on the name of the person on rolls.
It is the responsibility of the Contractor to pay PF, ESI and other statutory recoveries in the name of
the substitutes duly deducting from the personnel on rolls. The Corporation does not hold the
responsibility of making statutory payments/recoveries viz namely PF, ESI etc. in respect of the
persons engaged as substitutes.
71) The Tenders committee reserves the right to alter/modify the period of contract mentioned in
the Tender Notice at the time of finalization of Tender.
72) Income Tax as per the provisions of I.T. Act and other taxes, if any, will be recovered from the
monthly payment and the Successful Tenderer has to obtain the PAN Number from the Income Tax
Department and the same is to be produced.
73) All the above terms and conditions will form part of the Contract and the Successful Tenderer
will be bound by the conditions in addition to any other conditions prescribed by the Corporation
from time to time.
(Page..9)