Contract - Contract - अनुबंध अनुबंध
Contract - Contract - अनुबंध अनुबंध
Contract - Contract - अनुबंध अनुबंध
Financial Approval Detail| व ीय वीकृ त ववरण Paying Authority Details|भुगतान ा धकरण ववरण
IFD Concurrence|आईएफडी सहम त : No Role: PAO
Designation of Administrative Approval| Payment Mode|
PRINCIPLE SECRETARY Offline
शास नक अनुमोदन का पदनाम: भुगतान का तरीका:
Designation of Financial Approval| Designation|पद : UNDER SECRETARY1
PRINCIPLE SECRETARY
व ीय अनुमोदन का पदनाम : Email ID|ईमेल आईडी : ashok.13263@gov.in
GSTIN|जीएसट आईएन : -
vidhansabha Marg, U.P. Sectt Lucknow,
Address|पता:
LUCKNOW, UTTAR PRADESH-226001, India
S.No| .सं. Consignee Name & Address|परे षती नाम & पता Service Description|सेवा ववरण
Contact|संपक : 0522-2238108-
Email ID|ईमेल आईडी : ramakant.13221@gov.in
GSTIN|जीएसट आईएन : -
1 Manpower Outsourcing Services - Minimum wage - Skilled; Others; Driver - LMV
Address|पता : vidhansabha Marg, U.P. Sectt
Lucknow,
LUCKNOW, UTTAR PRADESH-226001, India
*GST / Tax invoice to be raised in the name of| जसके नाम के प म GST/TAX इनवॉइस पेश कया जाएगा - Consignee
Service Start Date (latest by)|सेवा ारंभ दनांक (नवीनतम) : 02-Dec-2023 Service End Date|सेवा समा त त थ : 02-Dec-2024
Description| ववरण Number of Resources to be hired Percentage of Service charge inclusive of GST
Experience 3 to 7 Years
Zipcode NA
District NA
Designation : Driver-LMV
`
Title for Optional Allowances 2 : 0
`
Title for Optional Allowances 3 : 0
`
Title for Optional Allowances 1 : 0
`
Amount of Contract|अनुबंध क रा श
Total Contract Value Including All Duties and Taxes|सभी शु क और कर स हत कुल अनुबंध मू य (INR) 637509.6
1 Agreement Overview
This is a Service Level Agreement (“SLA” or “Agreement”) between the Buyer and Manpower HiringAgency/Service Provider. The purpose of this Agreement is to facilitate
implementation of Manpower Hiring Service at the Buyer’s premises, or any other premises approved by the Buyer. This Agreement outlines the scope of work, Buyer’s
obligations, special terms and conditions related to service delivery and payment of services. The Agreement remains valid till completion of scope of services or end of
contractual duration (whichever is earlier) unless mutually extended by both the parties.
The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:
I. General terms and conditions for Services;( “GTC”)
II. Service Specific Standard Terms and Conditions (“STC”) of the Services contracts shall include the service level agreement (SLA) for the service.
III. BID/ Reverse Auction specific Additional Terms & Conditions (ATC) as specified by the buyer.
The above terms and conditions are in reverse order of precedence i.e., ATC shall supersede Service specific STC which shall supersede GTC, whenever there are any conflicting
provisions. The above set of terms and conditions along with the scope of work and SLA as enumerated in this document shall be construed to be part of the Contract/Agreement
between the Buyer and Service Provider.
2 Objectives and Goals
The objective of this Agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to Buyer by Service Provider. The goals
of this agreement are to:
I. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
II. Present a clear, concise, and measurable description of services offered to the Buyer
III. Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified
IV. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons
ThisAgreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same.
i. The Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner desired
by the Buyer. Any mismatch in demand and supply of the manpower such as number of employees, educational qualification, sectoral/ desired work experience etc. may
lead to deductions and/or replacement of the resource with the matching skillset based on the approval from buyer.
ii. The service provider/contractor shall be responsible for paying wages to contract labour at rates not less than the minimum wages as notified by the Appropriate
Government.
iii. The service provider/contractor shall be responsible for paying bonus to contract labour in the manner prescribed by the Payment of Bonus Act, 1965 & shall get
reimbursed from the buyer.
iv. The service provider/contractor shall be responsible for paying proportionate gratuity to contract labour who have rendered continuous service as per the provisions of the
Payment of Gratuity Act, 1972
v. Service Provider shall adhere to the timeline given by Buyer for providing the required manpower on Buyer’s premise/ designated premise.
vi. The Service Provider shall not assign its rights or obligations under this Contract, in whole or in part, nor enter any subcontract to perform any portion of this Contract,
without the written consent of the Buyer. The Service Provider shall be responsible and liable to deliver the services as per the contract.
vii. The Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
viii. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The biodata/ resume, qualification and
experience of the said manpower should be verified/certified by the Service Provider. In case any of such document is found to be false at any stage, it would be deemed
to be a breach of terms of contract making the Service Provider liable for legal action.
ix. The Service Provider shall be responsible for police verification, character, and antecedents’ verification of the manpower. The same may be verified by the Buyer at the
time of joining of the manpower, if he/she so desires.
x. The manpower provided by the Service Provider shall not be deemed employees of the Buyer department hence the compliance of the applicable acts/ laws will be the sole
responsibility of the Service Provider.
xi. The Service Provider shall furnish the following documents in respect of the manpower deployed by them to Buyer's premise/ designated premise in the given time limit:
a. List of persons deployed (monthly)
b. Biodata/ resume with antecedents’ details (at the time of deployment)
c. Copy of Aadhaar Card of the candidates (at the time of deployment)
d. Identity Cards issued by Service Provider bearing photograph (within 8 days of joining)
e. Identity proof and residential proof (at the time of deployment)
f. Copy of police verification certificate (at the time of deployment)
g. Copy of birth certificate, if required (at the time of deployment - for domicile purpose)
h. Details of PF Account Number of resources
xii. The Service Provider shall nominate a coordinator/ Single Point of Contact (SPOC) who shall be responsible for regular interaction with the Buyer Department so that
optimal services of the persons deployed could be availed without any disruption.
xiii. The attendance of the manpower shall be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer's
premises.
xiv. All selected manpower shall wear Identity Card provided by the Service Provider every day during working hours.
xv. The Service Provider shall issue the letter of deployment to every deployed manpower and a copy of same shall be submitted to Buyer.
xvi. In an event of deployed manpower availing leave, and if required by Buyer, suitable substitute(s) shall be provided by Service Provider as per mutual understanding with
Buyer. Service Provider shall communicate the same to buyer in advance.
xvii. In case of any resource permanently leaving the organization or taking leave for a longer duration, service provider shall communicate the same to buyer at least 1 month
prior to the last working day of a resources. Suitable substitute(s) shall be provided by Service Provider as per mutual understanding with buyer.
xviii. The Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.
xix. The Service Provider shall ensure that all the relevant licenses/ registrations/ permissions which may be required for providing the services under this Agreement are valid
during the entire period of the Agreement; failing which the Buyer can take appropriate action including imposition of deductions and termination of contract. The
documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
xx. In case of continuous work (24 hours or more than 26 days in a month), Service Provider shall be responsible to change the shifts and manpower in compliance with the
labor laws.
xxi. The persons deployed by the Service Provider shall not claim nor shall be entitled to pay, perks and other facilities admissible to regular/ confirmed employees during the
currency or after expiry of the Agreement.
xxii. No medical facilities or reimbursement or any sort of medical claims thereof in respect of employees provided by the Service Provider will be entertained by the Buyer.
xxiii. The persons deployed shall treat as confidential all data and information received from the Buyer and obtained in the execution of its responsibilities under this Contract/
Agreement, in strict confidence and will not reveal such information to any other party including the Service Provider without the prior written approval of the Buyer. In
view of this, the persons deployed shall be required to sign a non-disclosure agreement and breach of the same shall make the Service Provider as well as the person
deployed liable for penal action under the applicable laws besides, action for breach of contract and termination of contract.
xxiv. For all intents and purposes, the Service Provider shall be the “Employer’’ within the meaning of different Rules & Acts in respect of manpower so deployed. The persons
deployed by the Service Provider shall not have any claim whatsoever like employer and employee relationship against the Buyer.
xxv. No deployed manpower shall be allowed to stay in the Buyer’s premise/ designated premise unnecessarily after working hours without Buyer’s permission.
xxvi. Any damages/ losses caused by deployed manpower shall be borne by the Service Provider. The Buyer Department shall not be responsible for any financial loss or any
injury to any person deployed by the Service Provider during their performing the functions/duties, or for payment towards any compensation.
xxvii. The Service Provider shall be solely responsible for the redressal of grievances/ resolution of disputes relating to persons deployed. The Buyer shall, in no way be
responsible for settlement of such issues whatsoever.
xxviii. The Service Provider shall be responsible for timely payment of take-home remuneration to the manpower and deposit of EPF and ESI (both employee and employer
share), failing which deductions shall be made by buyer.
xxix. The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the Buyer Department or any other authority under
Law.
xxx. The Service Provider shall ensure regular payment to the deployed manpower to their entitlements like monthly salaries/ wages etc. and submit the documentary proof of
the salary paid as per the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of disbursement of wages of
previous month.
xxxi. The wages of every person deployedupon or in any establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the
seventh day after the last day wage-period in respect of which the wages are payable. In any other establishment, wages of every person employed shall be paid before
expiry of tenth day after last day wage-period. Payment of salary/ wages to the employees shall be made in their bank accounts only, no cash or kind payment shall be
made.
xxxii. The Service Provider shall furnish statement of amount paid for the month to the manpower deployed along with Transaction Details and Bank account from which the
payment has been made. Service Provider shall furnish copy of bank statement in support of amount paid as and when required by Buyer.
xxxiii. The Service Provider shall also deposit EPF and ESI of both employer and employee share within 15th day of the month of payment of wages.
xxxiv. The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly/ quarterly/ half yearly/ annual
return if any before the EPF and ESI authorities.
xxxv. All applicable taxes and duties other than mentioned in the contract document, shall be payable by the Service Provider and the Buyer shall not entertain any claims
whatsoever with respect to the same.
xxxvi. The Service Provider,at all times,will ensure that the services being provided under this Contract/Agreement are performed strictly in accordance with all applicable laws,
order, byelaws, regulations, notifications, guidelines, rules, standards, recommended practices etc. and no liability in this regard will be attached to the Buyer.
i. As per the Contract Labour Regulation and Abolition Act, 1970, the service provider/contractor shall be responsible for ensuring that wages are paid to the contract labour
on time. The principal employer/buyer shall ensure that the wages are paid on time to the contract labour by the service provider/contractor. In case the service
provider/contractor fails to pay the wages on time or makes short-payment, the principal employer/buyer shall be liable to pay the wages to the contract labour directly
and recover the amount from the service provider/contractor.
ii. The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the manpower or by the
Service Provider. The manpower as well as the Service Provider shall comply with the relevant rules and regulations applicable at present and as may be enforced from
time to time, for which the Buyer will not be liable or responsible in any manner. The onus of compliance to all the applicable laws/acts/rules etc.shall only rest with the
Service Provider. An indicative list of central labor laws is provided under Annexure 1.
iii. The cost of services quoted by the Service Provider shall cover all aspects of service delivery and include all the components of salary/ wages (minimum wage, insurance,
PF, ESI etc.) and taxes, as applicable.
iv. No advance payment shall be made to the Service Provider.
v. Payment shall be made once the services are delivered, and the Service Provider submits the invoice for the same.
vi. The Buyer shall make the payment within prescribed timelines as per the payment process flow upon submission of invoice, logbook, and service feedback.
vii. Payment shall be made only after submission of invoices, attendance sheet, logbook, service feedback, documentary proofs for PF/ESI/EDLI etc. payments. Non-
submission of the same may lead to delay/ deduction in payment.
viii. All the deductions (if applicable) shall be settled before making the payments. Service Provider shall not have any objection on the same.
ix. Payment to the manpower resources by the service provider shall be made through bank transfer only, in no circumstance cash payment shall be made.
x. In case of any changes in the minimum wages or any statutory wage component as per the Applicable Laws during the Contract period, the Buyer shall pay the Service
Provider the differential amount in wage.It is clarified that such increase in the wages will not have any impact on the service charges. The total value of the service charge
to be paid by the buyer to service provider shall remain same as per the original contract value.
xi. Service provider will submit the invoice & upload the supporting documents such as attendance sheet, logbook etc. on GeM portal
xii. Buyer will review the documents provided by service provider & may either accept or reject based on actual performance. If required, buyer may impose any non-delivery
deductions, SLA deductions, over & above the invoice submitted by service provider.
5 Deductions
Deductions
S.
Description
No.
1st Instance 2nd Instance 3rd Instance
6 Payment Terms
i. The Payment procedure as specified in the General Terms and Conditions (GTC) of GeM will be applicable.
ii. Payment schedule to be as per payment terms specified in bid document/ATC by the buyer.
7 Undertaking
The service provider/contractor shall not make any unauthorized deductions from the wages of the contract labour and provide below undertaking:
"The Service Provider hereby undertakes not to charge any money/fees/ deductions in whatever manner, name or form, or take any monetary/non-monetary considerations, or
make any unlawful deductions from the compensation/salary of the manpower/employees/resources engaged by it and, to be deployed at the Buyer’s site. The Service Provider
further agrees that it will not indulge in any unethical practices and acknowledges that any non-compliance of the aforesaid undertaking will be treated as a material breach of the
Contract, in which case the Buyer and GeM shall have the right to take appropriate independent actions including termination of the Contract and actions as per GeM Incident
Management Policy."
8 Formula Used
“d” = “bp” + “esi” + “pf” + “edli” + “bonus” + “admin” + “nm1” + “nm2” + “nm3”
Where,
“bp” = Basic dailywage (INR) exclusive of GST
“pf” = Provident Fund (INR Daily)
“edli” = EDLI (INR Daily)
“esi” = ESI (INR Daily)
“bonus” = Bonus (INR Daily)
“admin” = EPF Admin Charge (INR Daily)
“nm1” = Optional Allowance 1 (INR Daily)
“nm2” = Optional Allowance 2 (INR Daily)
“nm3” = Optional Allowance 3 (INR Daily)
“m” = Cumulative Cost (INR Daily)
8.2 Total: -
Annexure - 1
1.1 This contract is governed by the General Terms and Conditions , conditions stipulated to this Product/Service as provided in the Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance with the General Terms and
Conditions (GTC) unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC) and/ or BID/Reverse Auction Additional Terms and Conditions
(ATC), as applicable
2.1 Generic:
OPTION CLAUSE: The buyer can increase or decrease the contract quantity or contract duration up to 25 percent at the time of issue of the contract. However, once the contract
is issued, contract quantity or contract duration can only be increased up to 25 percent. Bidders are bound to accept the revised quantity or duration
2.6 Certificates :
Bidder's offer is liable to be rejected if they don't upload any of the certificates / documents sought in the Bid document, ATC and Corrigendum if any.
principal secretary
payable at
law department
.
Bidder has to upload scanned copy / proof of the DD along with bid and has to ensure delivery of hardcopy to the Buyer within 5 days of Bid End date / Bid Opening date.
2.9 Payment :
PAYMENT OF SALARIES AND WAGES: Service Provider is required to pay Salaries / wages of contracted staff deployed at buyer location first i.e. on their own and then claim
payment from Buyer alongwith all statutory documents like, PF, ESIC etc. as well as the bank statement of payment done to staff.
Financial Approval Detail| व ीय वीकृ त ववरण Paying Authority Details|भुगतान ा धकरण ववरण
IFD Concurrence|आईएफडी सहम त : No Role: PAO
Designation of Administrative Approval| Payment Mode|
CE Offline
शास नक अनुमोदन का पदनाम: भुगतान का तरीका:
Designation of Financial Approval| Designation|पद : EXECUTIVE ENGINEER UNIT 3
CE
व ीय अनुमोदन का पदनाम : Email ID|ईमेल आईडी : eeunit3isoiduplu-up@nic.in
GSTIN|जीएसट आईएन : -
OFFICE OF SUPERINTENDING ENGINEER, INFORMATION
SYSTEM ORGANIZATION, IRRIGATION & WATER RESOURCES
Address|पता: DEPARTMENT, 3rd Floor, Dr RAM MANOHAR LOHIA
PARIKALP BHAWAN, TELIBAGH,
Lucknow, UTTAR PRADESH-226025, India
S.No|
Consignee Name & Address|परे षती नाम & पता Service Description|सेवा ववरण
.सं.
Manpower Outsourcing Services - Fixed Remuneration - IT-Technical; Expert GIS; Post Graduation in Geography with
First Division and Diploma in Remote Sensing and GIS with at least 10 years of experience in the relevant field or
subject
Contact|संपक : - Manpower Outsourcing Services - Fixed Remuneration - IT-Technical; Expert Hardware Networking; BE or B Tech
Computer Science or MCA or IT or Electronics Engg Graduate with First Division or equivalent qualification with at
Email ID|ईमेल आईडी : ae1.mntswic-lu@up.gov.in
GSTIN|जीएसट आईएन : - least 10 years of experienc..
1
Address|पता : NHP First Floor Dr. Ram manohar
Manpower Outsourcing Services - Fixed Remuneration - IT-Technical; Expert Database; BE or B Tech Computer
Lohiya Parikalp Bhavan,
Science or MCA or IT or Electronics Engg Graduate with First Division or equivalent qualification with at least 10
LUCKNOW, UTTAR PRADESH-226025, India
years of experience in releva..
Manpower Outsourcing Services - Fixed Remuneration - IT-Technical; Expert Software Web; BE or B Tech Computer
Science or MCA or IT or Electronics Engg Graduate with First Division or equivalent qualification with at least 10
years of experience in re..
*GST / Tax invoice to be raised in the name of| जसके नाम के प म GST/TAX इनवॉइस पेश कया जाएगा - Buyer
Service Start Date (latest by)|सेवा ारंभ दनांक (नवीनतम) : 03-Sep-2023 Service End Date|सेवा समा त त थ : 31-Mar-2024
Number of Percentage of
Description| ववरण
Resources to be hired Service charge
Post Graduation in Geography with First Division and Diploma in Remote Sensing and GIS with at least
Educational Qualification
10 years of experience in the relevant field or subject
Experience At least 10 years of experience in the relevant field or subject
District NA
Zipcode NA
Tenure/ Duration of
7
Employment (In Months)
Tenure/ Duration of
7
Employment (In Months)
Tenure/ Duration of
7
Employment (In Months)
Tenure/ Duration of
7
Employment (In Months)
Number of
Percentage of
Description| ववरण Resources to be
Service charge
hired
District NA
Zipcode NA
BE or B Tech Computer Science or MCA or IT or Electronics Engg Graduate with First Division or equivalent
Educational Qualification
qualification with at least 10 years of experience in relevant field or subject
Tenure/ Duration of
7
Employment (In Months)
Tenure/ Duration of
7
Employment (In Months)
Tenure/ Duration of
7
Employment (In Months)
Tenure/ Duration of
7
Employment (In Months)
Number of
Percentage of
Description| ववरण Resources to be
Service charge
hired
District NA
Zipcode NA
BE or B Tech Computer Science or MCA or IT or Electronics Engg Graduate with First Division or equivalent
Educational Qualification
qualification with at least 10 years of experience in relevant field or subject
Tenure/ Duration of
7
Employment (In Months)
Tenure/ Duration of
7
Employment (In Months)
Tenure/ Duration of
7
Employment (In Months)
Tenure/ Duration of
7
Employment (In Months)
Number of
Percentage of
Description| ववरण Resources to be
Service charge
hired
District NA
Zipcode NA
BE or B Tech Computer Science or MCA or IT or Electronics Engg Graduate with First Division or equivalent
Educational Qualification
qualification with at least 10 years of experience in relevant field or subject
Tenure/ Duration of
7
Employment (In Months)
Tenure/ Duration of
7
Employment (In Months)
Tenure/ Duration of
7
Employment (In Months)
Tenure/ Duration of
7
Employment (In Months)
Amount of Contract|अनुबंध क रा श
Total Contract Value Including All Duties and Taxes|सभी शु क और कर स हत कुल अनुबंध मू य (INR) 1787783.2
1 Agreement Overview
This is a Service Level Agreement (“SLA” or “Agreement”) between the Buyer and Manpower HiringAgency/Service Provider. The purpose of this Agreement is to facilitate
implementation of Manpower Hiring Service at the Buyer’s premises, or any other premises approved by the Buyer. This Agreement outlines the scope of work, Buyer’s
obligations, special terms and conditions related to service delivery and payment of services. The Agreement remains valid till completion of scope of services or end of
contractual duration (whichever is earlier) unless mutually extended by both the parties.
The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:
The above terms and conditions are in reverse order of precedence i.e. ATC shall supersede Service specific STC which shall supersede GTC, whenever there are any conflicting
provisions. The above set of terms and conditions along with the scope of work and SLA as enumerated in this document shall be construed to be part of the Contract/Agreement
between the Buyer and Service Provider.
The objective of this Agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to Buyer by Service Provider. The goals
of this agreement are to:
I. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
II. Present a clear, concise, and measurable description of services offered to the Buyer
III. Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified
IV. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons
ThisAgreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same.
1. Buyer : Buyer is responsible to provide clear instructions, approvals and timely payments for the services availed
2. ServiceProvider: Service provider is responsible to provide all the required services in timely manner. Service provider may also include seller, any authorized agents,
permitted assignees, successors and nominees as described in the agreement
The responsibilities and obligations of the stakeholders have been outlined in this document. The document also encompasses service level/ deductions in case of non-
adherence to the defined terms and conditions.
i. The Buyer shall provide workspace (seating area, work desk, furniture etc.) for the manpower hired through Service Provider, the Buyer shall also arrange necessary gate/
entry pass to Buyer's premise/ designated premise for the manpower.
ii. Working shifts (includes day and night shift) if any, and daily working hours shall be mutually agreed upon between Buyer and Service Provider and should follow all the
labor laws.
iii. The Buyer shall directly or in consultation with the Service Provider provide the necessary training to the manpower for Buyer specific tools, applications, and machinery
etc., if required.’
iv. The Buyer shall provide, free of charge unimpeded access to all the infrastructure which is required to perform the Services. It may include use of stationery, printer,
electricity, internet, Buyer specific servers, data drives, tools, and software etc. However, use of such infrastructure shall be limited for official purpose only.
v. The Buyer shall make necessary arrangements for use of basic facilities like water pots/ machines, cafeteria, washrooms etc. for manpower working at Buyer's premise/
designated premise.
vi. TA/ DA shall be payable directly by the Buyer, in case of travel included in the scope of work, on production of travel documents in original and approval of appropriate
authority of the Buyer for undertaking such travel for the project/assignment.
vii. In case of services hired on annual basis and 5 working days, the manpower will be entitled to 08 days of casual leaves per year on pro-rata basis and in case of 6 working
days, the manpower will be entitled to 15 days casual leave per year on pro-rata basis. Beyond specified leaves as applicable, leave will be treated as leave without pay
(LWP) for which necessary deduction will be made by the Buyer in the amount billed by the Service Provider, if no replacement of manpower is provided.
viii. The Buyer shall have the right, within reason, to have any personnel removed who is undesirable with proper reasoning& justification.
ix. The Buyer will have option to replace the proposed manpower in case of non-performance, non-delivery or in any other exceptional case, however replacement of the
manpower will be in same category with same degree of skills, educational qualification, and number of years of experience, also prior approval for the same to be
provided by the Buyer.
x. In case if the Buyer has selected the option in the bid for retention of existing resource/resources of previous service provider, then service provider shall retain those
resources. In such cases, the Buyer shall be responsible for ensuring the qualification eligibility of those resources as per the contract requirement. Any extra costs
incurred by Service provider for onboarding those resources on their payroll shall be borne by Service Provider. Service Provider shall include any such costs in the service
charges quoted by them during the bid participation.
i. The service provider/contractor shall be responsible for paying wages to contract labour at rates not less than the minimum wages as notified by the Appropriate
Government.
ii. The Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner desired
by the Buyer. Any mismatch in demand and supply of the manpower such as number of employees, educational qualification, sectoral/ desired work experience etc. may
lead to deductions and/or replacement of the resource with the matching skillset based on the approval from buyer.
iii. The service provider/contractor shall be responsible for paying bonus to contract labour in the manner prescribed by the Payment of Bonus Act, 1965 & shall get
reimbursed from the buyer.
iv. The service provider/contractor shall be responsible for paying proportionate gratuity to contract labour who have rendered continuous service as per the provisions of the
Payment of Gratuity Act, 1972
v. Service Provider shall adhere to the timeline given by Buyer for providing the required manpower on Buyer’s premise/ designated premise.
vi. The Service Provider shall not assign its rights or obligations under this Contract, in whole or in part, nor enter any subcontract to perform any portion of this Contract,
without the written consent of the Buyer. The Service Provider shall be responsible and liable to deliver the services as per the contract.
vii. The Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
viii. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The biodata/ resume, qualification and
experience of the said manpower should be verified/certified by the Service Provider. In case any of such document is found to be false at any stage, it would be deemed
to be a breach of terms of contract making the Service Provider liable for legal action.
ix. The Service Provider shall be responsible for police verification, character, and antecedents’ verification of the manpower. The same may be verified by the Buyer at the
time of joining of the manpower, if he/she so desires.
x. The manpower provided by the Service Provider shall not be deemed employees of the Buyer department hence the compliance of the applicable acts/ laws will be the sole
responsibility of the Service Provider.
xi. The Service Provider shall furnish the following documents in respect of the manpower deployed by them to Buyer's premise/ designated premise in the given time limit:
i. List of persons deployed (monthly)
ii. Biodata/ resume with antecedents’ details (at the time of deployment)
iii. Copy of Aadhaar Card of the candidates (at the time of deployment)
iv. Identity Cards issued by Service Provider bearing photograph (within 8 days of joining)
v. Identity proof and residential proof (at the time of deployment)
vi. Copy of police verification certificate (at the time of deployment)
vii. Copy of birth certificate, if required (at the time of deployment - for domicile purpose)
xii. The Service Provider shall nominate a coordinator/ Single Point of Contact (SPOC) who shall be responsible for regular interaction with the Buyer Department so that
optimal services of the persons deployed could be availed without any disruption.
xiii. The attendance of the manpower shall be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer's
premises.
xiv. All selected manpower shall wear Identity Card provided by the Service Provider every day during working hours.
xv. The Service Provider shall issue the letter of deployment to every deployed manpower and a copy of same shall be submitted to Buyer.
xvi. In an event of deployed manpower availing leave, and if required by Buyer, suitable substitute(s) shall be provided by Service Provider as per mutual understanding with
Buyer. Service Provider shall communicate the same to buyer in advance.
xvii. In case of any resource permanently leaving the organization or taking leave for a longer duration, service provider shall communicate the same to buyer at least 1 month
prior to the last working day of a resources. Suitable substitute(s) shall be provided by Service Provider as per mutual understanding with buyer.
xviii. The Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.
xix. The Service Provider shall ensure that all the relevant licenses/ registrations/ permissions which may be required for providing the services under this Agreement are valid
during the entire period of the Agreement; failing which the Buyer can take appropriate action including imposition of deductions and termination of contract. The
documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
xx. In case of continuous work (24 hours or more than 26 days in a month), Service Provider shall be responsible to change the shifts and manpower in compliance with the
labor laws.
xxi. The persons deployed by the Service Provider shall not claim nor shall be entitled to pay, perks and other facilities admissible to regular/ confirmed employees during the
currency or after expiry of the Agreement.
xxii. No medical facilities or reimbursement or any sort of medical claims thereof in respect of employees provided by the Service Provider will be entertained by the Buyer.
xxiii. The persons deployed shall treat as confidential all data and information received from the Buyer and obtained in the execution of its responsibilities under this Contract/
Agreement, in strict confidence and will not reveal such information to any other party including the Service Provider without the prior written approval of the Buyer. In
view of this, the persons deployed shall be required to sign a non-disclosure agreement and breach of the same shall make the Service Provider as well as the person
deployed liable for penal action under the applicable laws besides, action for breach of contract and termination of contract.
xxiv. For all intents and purposes, the Service Provider shall be the “Employer’’ within the meaning of different Rules & Acts in respect of manpower so deployed. The persons
deployed by the Service Provider shall not have any claim whatsoever like employer and employee relationship against the Buyer.
xxv. No deployed manpower shall be allowed to stay in the Buyer’s premise/ designated premise unnecessarily after working hours without Buyer’s permission.
xxvi. Any damages/ losses caused by deployed manpower shall be borne by the Service Provider. The Buyer Department shall not be responsible for any financial loss or any
injury to any person deployed by the Service Provider during their performing the functions/duties, or for payment towards any compensation.
xxvii. The Service Provider shall be solely responsible for the redressal of grievances/ resolution of disputes relating to persons deployed. The Buyer shall, in no way be
responsible for settlement of such issues whatsoever.
xxviii. The Service Provider shall be responsible for timely payment of take-home remuneration to the manpower and deposit of EPF and ESI (both employee and employer
share), failing which deductions shall be made by buyer.
xxix. The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the Buyer Department or any other authority under
Law.
xxx. The Service Provider shall ensure regular payment to the deployed manpower to their entitlements like monthly salaries/ wages etc. and submit the documentary proof of
the salary paid as per the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of disbursement of wages of
previous month.
xxxi. The wages of every person deployedupon or in any establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the
seventh day after the last day wage-period in respect of which the wages are payable. In any other establishment, wages of every person employed shall be paid before
expiry of tenth day after last day wage-period. Payment of salary/ wages to the employees shall be made in their bank accounts only, no cash or kind payment shall be
made.
xxxii. The Service Provider shall furnish statement of amount paid for the month to the manpower deployed along with Transaction Details and Bank account from which the
payment has been made. Service Provider shall furnish copy of bank statement in support of amount paid as and when required by Buyer.
xxxiii. The Service Provider shall also deposit EPF and ESI of both employer and employee share within 15th day of the month of payment of wages.
xxxiv. The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly/ quarterly/ half yearly/ annual
return if any before the EPF and ESI authorities.
xxxv. All applicable taxes and duties other than mentioned in the contract document, shall be payable by the Service Provider and the Buyer shall not entertain any claims
whatsoever with respect to the same.
xxxvi. The Service Provider, at all times,will ensure that the services being provided under this Contract/Agreement are performed strictly in accordance with all applicable laws,
order, byelaws, regulations, notifications, guidelines, rules, standards, recommended practices etc. and no liability in this regard will be attached to the Buyer.
i. As per the Contract Labour Regulation and Abolition Act, 1970, the service provider/contractor shall be responsible for ensuring that wages are paid to the contract labour
on time. The principal employer/buyer shall ensure that the wages are paid on time to the contract labour by the service provider/contractor. In case the service
provider/contractor fails to pay the wages on time or makes short-payment, the principal employer/buyer shall be liable to pay the wages to the contract labour directly
and recover the amount from the service provider/contractor.
ii. The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the manpower or by the
Service Provider. The manpower as well as the Service Provider shall comply with the relevant rules and regulations applicable at present and as may be enforced from
time to time, for which the Buyer will not be liable or responsible in any manner. The onus of compliance to all the applicable laws/acts/rules etc. shall only rest with the
Service Provider. An indicative list of central labor laws is provided under Annexure 1.
iii. The cost of services quoted by the Service Provider shall cover all aspects of service delivery and include all the components of salary/ wages (minimum wage, insurance,
PF, ESI etc.) and taxes, as applicable.
iv. No advance payment shall be made to the Service Provider.
v. Payment shall be made once the services are delivered, and the Service Provider submits the invoice for the same.
vi. The Buyer shall make the payment within prescribed timelines as per the payment process flow upon submission of invoice, logbook, and service feedback.
vii. Payment shall be made only after submission of invoices, attendance sheet, logbook, service feedback, documentary proofs for PF/ESI/EDLI etc. payments. Non-
submission of the same may lead to delay/ deduction in payment.
viii. All the deductions (if applicable) shall be settled before making the payments. Service Provider shall not have any objection on the same.
ix. Payment to the manpower resources by the service provider shall be made through bank transfer only, in no circumstance cash payment shall be made.
x. In case of any changes in the minimum wages or any statutory wage component as per the Applicable Laws during the Contract period, the Buyer shall pay the Service
Provider the differential amount in wage.It is clarified that such increase in the wages will not have any impact on the service charges. The total value of the service charge
to be paid by the buyer to service provider shall remain same as per the original contract value.
xi. Service provider will submit the invoice & upload the supporting documents such as attendance sheet, logbook etc. on GeM portal
xii. Buyer will review the documents provided by service provider & may either accept or reject based on actual performance. If required, buyer may impose any non-delivery
deductions, SLA deductions, over & above the invoice submitted by service provider.
5 Deductions
Deductions
S.
Description
No.
S.
Description
6No.Payment Terms
7 Undertaking
The service provider/contractor shall not make any unauthorized deductions from the wages of the contract labour and provide below undertaking:
"The Service Provider hereby undertakes not to charge any money/fees/ deductions in whatever manner, name or form, or take any monetary/non-monetary considerations, or
make any unlawful deductions from the compensation/salary of the manpower/employees/resources engaged by it and, to be deployed at the Buyer’s site. The Service Provider
further agrees that it will not indulge in any unethical practices and acknowledges that any non-compliance of the aforesaid undertaking will be treated as a material breach of the
Contract, in which case the Buyer and GeM shall have the right to take appropriate independent actions including termination of the Contract and actions as per GeM Incident
Management Policy."
8 Formula Used
“m” = “bp” + “esi” + “pf” + “edli” + “bonus” + “admin” + “nm1” + “nm2” + “nm3”
Where,
“bp” = Basic monthly pay (INR) exclusive of GST
“pf” = Provident Fund (INR Monthly)
“edli” = EDLI (INR Monthly)
“esi” = ESI (INR Monthly)
“bonus” = Bonus (INR Monthly)
“admin” = EPF Admin Charge (INR Monthly)
“nm1” = Optional Allowance 1 (INR Monthly)
“nm2” = Optional Allowance 2 (INR Monthly)
“nm3” = Optional Allowance 3 (INR Monthly)
“m” = Cumulative Cost (INR Monthly)
8.2 Total: -
Annexure - 1
The bidder shall furnish ePBG as applicable as per bid's terms and conditions | बोली लगाने वाले को बोली के नयम और शत के अनुसार लागू ईपीबीजी तुत करना होगा
1.1 This contract is governed by the General Terms and Conditions , conditions stipulated to this Product/Service as provided in the Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance with the General Terms and
Conditions (GTC) unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC) and/ or BID/Reverse Auction Additional Terms and Conditions
(ATC), as applicable
2.1 Generic:
OPTION CLAUSE: The buyer can increase or decrease the contract quantity or contract duration up to 25 percent at the time of issue of the contract. However, once the contract
is issued, contract quantity or contract duration can only be increased up to 25 percent. Bidders are bound to accept the revised quantity or duration
2.2 Generic:
Bidder financial standing: The bidder should not be under liquidation, court receivership or similar proceedings, should not be bankrupt. Bidder to upload undertaking to this
effect with bid.
2.3 Generic:
1. The Seller shall not assign the Contract in whole or part without obtaining the prior written consent of buyer.
2. The Seller shall not sub-contract the Contract in whole or part to any entity without obtaining the prior written consent of buyer.
3. The Seller shall, notwithstanding the consent and assignment/sub-contract, remain jointly and severally liable and responsible to buyer together with the assignee/ sub-
contractor, for and in respect of the due performance of the Contract and the Sellers obligations there under.
2.4 Generic:
WORLD BANK TERMS AND CONDITIONS: Special Terms and Conditions as defined by world bank at click here will also be applicable. APPLICABLE ONLY IN CASE OF WORLD BANK
FUNDED PROJECTS.
2.8 Payment :
PAYMENT OF SALARIES AND WAGES: Service Provider is required to pay Salaries / wages of contracted staff deployed at buyer location first i.e. on their own and then claim
payment from Buyer alongwith all statutory documents like, PF, ESIC etc. as well as the bank statement of payment done to staff.
2.9 Certificates :
Bidder's offer is liable to be rejected if they don't upload any of the certificates / documents sought in the Bid document, ATC and Corrigendum if any.
4
number of Existing working / deployed resources of the procurement department having job satisfactory certificate, will be continued by the successful Service Provider under
the new contract also – subject to their consent to the Terms and conditions of new contract concluded on the basis of this bid.
1. EMD and ePBG shall only be accepted in the form as prescribed (FDR/Bank Guarantee). Any other form of EMD and ePBG submitted, shall not be accepted and the bid is liable t
o be rejected.
2. Service provider must have a local office in Lucknow, Uttar Pradesh and for which documentary proof must be submitted.
3. Bidder must submit affidavit on NONJUDICIAL NOTARIZED STAMP PAPER OF RS. 100/- for clauses MENTI ONED BELOW (Failing which the Bid of the Firm will be cancelled) -
i. I/We declare that I/We will pay every month Salaries/wages of contracted staff from our own fund within 7 days of next month.
ii. I/We declare that I/We will pay the Salaries/wages of contracted staff deployed at buyer location first i.e. on our own and then claim payment from Buyer along with all statutor
y documents like, PF, ESIC etc. as well as the bank statement of payment done to staff.
iii. I / We declare that I/we have never been blacklisted/debarred by any State Government /Central Government or any State/Central PSU or Autonomous Body.
Signature:
Name:
Designation:
Email Address:
iv. DECLARATION HAS TO BE SUBMITTED ON NON-JUDICIAL NOTARIZED STAMP PAPER OF RS. 100/- SEPAR ATELY FOR company / Partnership Firm/ Proprietorship firm/ Trust’s all
partners/directors or proprietor full details with id address proof
v. I/We,........................................................................hereby declare that the Particulars furnished by me /us in this offer are true to the best of my/our knowledge and I/We Understa
nd and accept that, if at any stage the information furnished by me/us are found to be incorrect or false, I/We am/are liable for disqualification from this tender and also liable fo
r any penal action that may arise due to the above, besides being blacklisted.
Signature:
Name:
Financial Approval Detail| व ीय वीकृ त ववरण Paying Authority Details|भुगतान ा धकरण ववरण
IFD Concurrence|आईएफडी सहम त : No Role: BUYER
Designation of Administrative Approval| Payment Mode|
DM Offline
शास नक अनुमोदन का पदनाम: भुगतान का तरीका:
Designation of Financial Approval| Designation|पद : Nazir
DM
व ीय अनुमोदन का पदनाम : Email ID|ईमेल आईडी : buyer9.brgup.up@gembuyer.in
GSTIN|जीएसट आईएन : -
collectrate ,Kachari,
Address|पता:
VARANASI, UTTAR PRADESH-221002, India
S.No| .सं. Consignee Name & Address|परे षती नाम & पता Service Description|सेवा ववरण
Contact|संपक : 0542-2508585-2727
Email ID|ईमेल आईडी : buyer9.brgup.up@gembuyer.in
1 GSTIN|जीएसट आईएन : - Facility Management Service - Manpower Based - Government; Housekeeping; Cleaning & Sanitation; Cleaner/Sweaper
Address|पता : collectrate ,Kachari,
VARANASI, UTTAR PRADESH-221002, India
*GST / Tax invoice to be raised in the name of| जसके नाम के प म GST/TAX इनवॉइस पेश कया जाएगा - Consignee
Service Start Date (latest by)|सेवा ारंभ दनांक (नवीनतम) : 27-Jul-2023 Service End Date|सेवा समा त त थ : 26-Jul-2024
Description| ववरण No. of Resources Cost per resource per month inclusive of commission and GST
District NA
Zipcode NA
Amount of Contract|अनुबंध क रा श
Total Contract Value Including All Duties and Taxes|सभी शु क और कर स हत कुल अनुबंध मू य (INR) 672000
The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:
The above terms and conditions are in reverse order of precedence i.e. ATC supersedes Service specific STC which supersede GTC, whenever there are any conflicting provisions. The above set of terms
and conditions along with scope of work and service level agreement as enumerated in the document shall be construed to be part of the Contract between Buyer and Service Provider. The service will be
provided in bid only mode.
1. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
2. Present a clear, concise and measurable description of services offered to the buyer
Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified
1. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons
The agreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same. The agreement can also be
revised/ modified on mutual consent of the stakeholders.
1. Buyer : Buyer is responsible to provide clear instructions, approvals and timely payments for the services availed
2. Service Provider: Service provider is responsible to provide all the required services in timely manner. Service provider may also include seller, any authorized agents, assignees, successors and
nominees as described in the agreement
The responsibilities and obligations of the stakeholders have been outlined in this document. The document also encompasses service level/ penalties in case of non-adherence to the defined terms and
conditions. It is assumed that all stakeholders have read and understood the same before signing the document.
4 Scope of Services
This service deals with hiring of facility management services which encompasses all activities related to keeping a complex operating with all its infrastructural and maintenance related requirements.
This service includes multiple disciplines to ensure functionality, comfort, safety and efficiency of the built environment by integrating people, place, process and technology. It typically includes a wide
range of function and support services such as housekeeping, security, property or building management, basic engineering services, mail and messenger services, records management, safety and
other support duties.
Type of Model: This service offering can be availed basis three models namely (i) manpower, (ii) outcome (area) based and (iii) hybrid (which is combination of both manpower and outcome). The services
need to be provided basis the model selected.
Manpower based model: Service provider will deploy manpower for rendering selected services as per the roles/ manpower profiles selected by buyer.
Outcome (area) based model: Service provider will deploy manpower basis his estimate depending on the information of premises and services selected by buyer. Buyer may mention the
minimum assured manpower required for a service.
Hybrid model: Service provider needs to provide some services on manpower-based model while some on outcome (area) based depending on the selection of buyer during bid.
Types of Services: This service offering provides multiple services under a single contract for professional maintenance and upkeep of the property (commercial, residential, hospitality, healthcare,
industrial, etc.). Buyers of this service will have the option to choose the type of service and service components as per their requirement, for which the following categories have been defined:
· Laundry Services
· Regular work of Guest House/ Hostel (Hospitality) (such as porter services, lift man, etc.)
· Physical Security
· Parking Management
2 Security Services
· CCTV Control & Operations
· Gardening
3 Horticulture Services
· Landscape
· Bedbug control
· Disinfestation
· Rodent control
· Cockroach control
· Fumigation
· Pest proofing (Pest proofing is closure of holes and cracks that may potentially cause pest
infestation)
· Carpentry
· Masonry
6 O&M of Civil Work
· Painting
· Sewer/ Drainage
· Plumbing
· Water Supply
· Lift
· DG Sets
· UPS
8 O&M of Electrical Work
· AC Chillers
· HVAC
· Transformers
Manpower Required: Service provider shall provide manpower based on buyer’s selection of manpower profile, quantity and skill level. Buyers of this service will have the option to choose the type of
manpower as per their requirement, for which the following categories have been defined:
1 Cleaner / Sweeper
2 Office Attendant
3 Receptionist
6 Porter
8 Security Guard
9 Gardener
10 Ward Boys/Girls
11 Plumber
12 Electrician
# Type of Manpower Required
13 Fire Supervisor
14 AC Plant Operator
Consumables: Service provider shall provide consumables such as cleaning agents, equipment, etc. based on buyer’s selection of cost to be borne by buyer/ service provider/ reimbursable by buyer. In
case wherein consumables are to be provided by service provider and the cost is to be included in the contract cost, a list of suggestive consumables will be provided by buyer.
Contract Duration: The buyer can only select a minimum contract duration of 1 month and maximum contract duration of 3 years.
The provider of such services shall quote a monthly manpower cost inclusive of commission depending on the type of services and manpower as selected by the buyer.
Service provider is responsible for co-ordination and management of delivery of services from AMC vendors/suppliers/contractors, therefore for ensuring safety compliance by them, FMC is
required to monitor the delivery of service and report client in case of non-compliance of safety requirements immediately
1. The manpower deployed should maintain polite & courteous behavior towards the buyer. “Misbehavior” which may include, but not limited to, consumption of alcohol during or prior to duty,
denial of duty during service hours as defined by user, use of abusive language, theft, shall attract penalties as per provisions of the contract.
Service provider shall not deploy any manpower that is ailing from any contagious disease
1. Service provider shall verify the character & antecedent of manpower to be deployed.
2. The persons deployed during the course of their work shall perform integrity to the Buyer and shall not disclose/ share any qualified documents and information which they are not supposed to
divulge to Service Provider/ third parties.
3. Service provider shall indemnify the buyer against all the losses, injuries and any kind of damage arrived due to its activities
The buyer will in no way be responsible for violation of labor laws and /or infringement of any other law for the time being in force, either by the manpower provided or by the service provider.
The attendance of the employees will be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer’s premises. The persons
deployed should be polite, cordial and efficient while handling the assigned work and their actions should promote good will and enhance the image of the Corporation or office concerned. The
Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.
1. Service Provider shall ensure that all the relevant licenses / registrations / permissions which may be required for providing the services are valid during the entire period of the contract; failing so
shall attract the appropriate penalties. The documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
2. Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
Service provider will be required to submit list of the manpower being deployed with photo ID, address proof, police verification certificate and educational qualifications before deputing the
workers. The service provider shall be solely responsible for the credentials/ acts of his staff /workers
1. The service provider shall provide at his own cost proper uniform and badges and photo identity cards to the manpower deployed.
2. In an event that, for any reason, the manpower provided change their contact number during the tenure of the contract then service provider will immediately notify the buyer of the above
change.
3. The service provider shall be responsible for ensuring compliance with the provisions related to Labour Law [Central/State] and specially Workmen Compensation Act, EPF Laws, ESIC Laws, Income
tax laws and Minimum Wages Laws, Contract Labour (Regulations Abolition Act) and any other relevant acts as applicable at present or in future during the tenure of the contract and as may be
enforced from time to time. Onus of compliance of all the applicable Laws/Acts/Rules shall rest with the service provider only and the buyer will not be liable in any manner.
Service Provider shall produce to the Buyer the details of payments of statutory benefits like bonus, leave, relief etc. from time to time to its personnel.
Service Provider shall cover all its personnel under the relevant laws of EPF, Labor, ESIC etc. Proof of the same should be submitted by the Service Provider.
1. Service Provider shall submit a copy of wages sheet showing monthly wages paid to its personnel.
2. Service Provider shall cover its personnel for personal accident and death whilst performing the duty and the Buyer shall own no liability and obligation in this regard.
3. Service Provider shall also provide at its own cost all benefits statutory or otherwise to its deployed personnel and the Buyer shall not have any liability whatsoever on this account.
Service provider shall employ only manpower who has completed eighteen years of age and not above 65 years of age
The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The bio-data, qualification and experience of the said
manpower should be certified by the Service Provider.
The Service Provider shall not deploy or shall discontinue deploying the person(s), if desired by the Buyer and must ensure prompt replacement of the personnel without any additional cost to the
Buyer. The personnel being deployed shall ordinarily be continued and should not be changed without written intimation and consultation with Buyer.
1. The Service Provider would be bound by the conditions with regard to police verification of the deployed staff and their medical fitness.
Adequate supervision shall be provided to ensure correct performance of the services in accordance with the prevailing requirements agreed upon between the two parties.
In an event that service provider fails to deliver or fails to carry out tasks as per schedule due to absence of personnel or any other reasons, the Service Provider at his own cost shall make
alternate arrangement by providing similar manpower for which agreement is entered into, without any extra charges. Failure to do so will evoke penalty then buyer shall have right to recover
damages as per the provisions of the contract.
The service provider shall be personally responsible for any theft, misconduct and /or disobedience on the part of personnel so provided by him.
The working hours and days of the manpower will be as per the existing applicable rules of the respective Central/State Government organizations. However, they have to work on holidays, if
necessary and required based on demand of work.
6 Buyer's Obligations
1. The location for reporting shall be provided by the buyer to the service provider.
2. Buyer must immediately report to the designated representative of the Service Provider for any problems, complaints, incidents or accidents that occur during the contract including any form of
inappropriate behavior/ improper uniform by the personnel.
Buyer shall notify the Service Provider of any dishonest, wrongful or negligent acts or omissions of its personnel or agents in connection with the services as soon as possible after the buyer
becomes aware of them.
1. Buyer may calculate their requirement of resources based on 8 hours per shift. For example, to hire a security personnel for a month (i.e. thirty service days) to offer the services for 24 hours on a
3-shift basis, the required number of resources would be 90 personnel for the month.
2. Price Variation Clause:
"It is advisable to include Price Variation Clause in the long term contracts to take care of the increase/decrease in prices of various ingredients which majorly affect the overall price of the service.
Buyers are therefore advised to include the Price Variation Clause (PVC) in the bid document through ATC for long term contracts. The additional payment, if any, on account of PVC can be done
offline till such time online functionality is developed on GeM."
7 Service Tracking
Tracking of services ensures quality of service delivery in time bound manner, effective service tracking helps in analyzing Service Provider’s performance as well as Buyer’s timely inputs for services and
leads to immediate actions against the defaulters if any. Service tracking shall be mandatory for the both Buyer and Service Provider, non-tracking of the same may lead to a fine/ penalty on either party.
7.1 Logbook
1. The service provider shall maintain registers and checklists for each activity and the work done by each of the personnel shall be recorded on a Job Card, duly signed by the buyer’s representative.
Service provider shall also submit a duly singed comprehensive report every month, detailing the services performed during the month.
2. The service provider shall thereafter update the logbook on the GeM portal as per the logbook process flow.
Once the service provider updates the logbook online, the Buyer shall either accept or reject these entries within the prescribed time lime. The buyer will also record the any service non delivery or
non-performance issues, and subsequent penalties Failure to take action on logbook entries updated by service provider shall be deemed as accepted
1. The Service Provider can raise an issue against the rejection of any entry by the buyer within prescribed timelines of such rejection with the designated representative of the Buyer.
Penalties
Warning/ counselling/
Immediate replacement of
Warning/ counselling of
If the employee is found employee within 2 days as Cancellation of the contract
employee as decided by the
5 responsible for decided by the Buyer and with cancellation charges @
Buyer depending on the
disobedience/ misconduct Warning to Service Provider 10% of the order value
gravity of the act
depending on the gravity of the
Penalties act
# Nature of Default Default Details Remarks
Rs. 200 per day for each default,
Delay in payments of take- 1st instance 2 nd instance rd
Rs. 100 per day for each hold on all type of payments to 3 instance
home remuneration by the
default, warning to Service Service Provider till the said Cancellation of the contract
Service Provider and deposit
6 Provider to deposit the said amount is deposited to with cancellation charges @
of EPF and ESI (both
amount within 7 working respective stakeholders and 10% of the order value
employee and employer
days proof of same is submitted to
share)
Buyer
Penalties for a specific month / period shall be capped at 10% of bill generated for that month / period.
If any SLA is breached beyond 3 instances in any billing period, then same shall be treated as a breach of contract and buyer will have full rights to terminate the contract after giving a notice of 30
days.
9 Payment Terms
This section provides details about the terms and conditions of payment towards the services, it may also include deduction of payment in case of faulty service.
th
1. Service Provider shall also deposit EPF and ESI of both employer and employee share within 15 day of the month of payment for the support staff engaged from their account and prefer the bill
to the Buyer Department for reimbursement of employer share only.
2. Employers share of EPF & ESI actually deposited to the respective authorities with proof of deposit of both employee and employer share by the end of the second week of the succeeding month.
Employee share of EPF and ESI contribution shall be recovered from the gross remuneration & balance amount is to be released to the persons employed.
3. The Service Providing Agency shall furnish statement of amount paid for the month to the persons deployed along with cheque number and date and Bank account from which the payment has
been made. Service Providing agency is to furnish copy of bank statement in support of amount paid as and when required by Buyer Departments.
The Service Provider shall be responsible for timely payment of take-home remuneration to the supporting staff and deposit of EPF and ESI (both employee and employer share), failing which a
penalty will be deducted.
The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly / quarterly / half yearly / annual return if any before the EPF
and ESI authorities.
1. The payment to the Service Provider will be made on monthly and quarterly basis, depending upon the actual duration of the services rendered as per order.
2. Any violation of contractual obligations by the Service Provider/employee shall attract penalties as mentioned against each obligation. The Service Provider confirms and agrees that penalty
whenever becomes payable, the same shall be deducted by the user department from the payments due to the Service Provider.
3. All applicable taxes and duties except GST, shall be payable by the Service Provider and the Buyer shall not entertain any claims whatsoever with respect to the same. The Service Provider shall
pay the GST and the price quoted is inclusive.
The Service Provider shall ensure payment regularly for the deployed manpower to their entitlements like monthly salaries/wages etc. and submit the documentary proof of the salary paid as per
the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of disbursement of wages of previous month.
In case of any changes in the minimum wages as per the Applicable Laws during the Contract period, Buyer shall pay the Service Provider the difference in wage from the amount mentioned in
the contract on pro rata basis.
The cost of the Contract shall be valid for initial contract period. No price escalation, other than minimum wages revision, shall be entertained by the Buyer during the period.
Payment will be made through bank transfer only, in no circumstance cash/ cheque payment will be made.
10 Amendment of Contract
During service delivery period some conditions may occur when the Buyer and/ or Service Provider may require to amend the Agreement, some of such conditions may be as followed-
1. Amendment of the Contract after event of Force Majeure: In case of occurrence of any exceptional event/ circumstance which has affected either party directly to perform the agreed services, the
agreement can be amended. However, cause, evidence and nature of such effect shall be notified to the other party.
2. Amendment in statutory variations: All statutory variations leading to increase in the cost of the contract will be debited to the buyer accounts.
Variation of the Contract as per both parties’ consent: Variation of the Contract shall be done as per mutual consent of both parties; no party shall be made liable to pay/ get any compensation for
agreement amendment. The variation in the contract can be through the following, however, the variation put together shall not reduce or exceed 25% of contract value:
1. Increase or decrease in the manpower requirement or services to be provided
2. Increase or decrease in duration of contract
11 Termination of Contract
The Agreement shall be come to an end either on completion of the Contract Period or shall be terminated for the following reasons:
1. Mutual consent: The contract may be terminated based on mutual consent in case the services are no longer required. Termination based on mutual consent will not attract any penalties or shall
not be liable for any extra payments other than payment of invoices raised till the time of termination including notice period.
2. Breach of contractual obligations: Any incidents considered as the breach of contract will result in immediate termination of services. The Buyer shall have the right to terminate the Contract
effective immediately by giving written notice to the Service Provider if, the Service Provider breaches a material provision of this Contract where that breach is not capable of remedy; or if the
Service Provider breaches any provision of this Contract and fails to remedy the breach within 14 days after receiving notice requiring it to do so.
Breach of SLAs: The contract may also be terminated if i) the cumulative penalties rise to 10% of the contract value ii) repeated breach of any SLA beyond 3 instances as per buyer discretion.
However, termination of this Contract shall not affect any accrued rights or remedies of either party.
The bidder shall furnish ePBG as applicable as per bid's terms and conditions | बोली लगाने वाले को बोली के नयम और शत के अनुसार लागू ईपीबीजी तुत करना होगा
1.1 This contract is governed by the General Terms and Conditions , conditions stipulated to this Product/Service as provided in the Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance with the General Terms and Conditions (GTC)
unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC) and/ or BID/Reverse Auction Additional Terms and Conditions (ATC), as applicable
2.1 Generic:
OPTION CLAUSE: The Purchaser reserves the right to increase or decrease the quantity to be ordered up to 25 percent of bid quantity at the time of placement of contract. The purchaser also
reserves the right to increase the ordered quantity by up to 25% of the contracted quantity during the currency of the contract at the contracted rates. Bidders are bound to accept the orders
accordingly.
Financial Approval Detail| व ीय वीकृ त ववरण Paying Authority Details|भुगतान ा धकरण ववरण
IFD Concurrence|आईएफडी सहम त : No Role: PAO
Designation of Administrative Approval| Payment Mode|
commandent Offline
शास नक अनुमोदन का पदनाम: भुगतान का तरीका:
Designation of Financial Approval| Designation|पद : DY COMMANDANT
commandent
व ीय अनुमोदन का पदनाम : Email ID|ईमेल आईडी : ddo8.upp.up@gembuyer.in
GSTIN|जीएसट आईएन : -
OFFICE OF THE DIG PAC AYODHYA SECTOR, AYODHYA,
Address|पता: POLICE LINE CAMPUS, NEAR PUSHPRAJ CHAURAHA, UP,
Faizabad, UTTAR PRADESH-224001, India
S.No| .सं. Consignee Name & Address|परे षती नाम & पता Service Description|सेवा ववरण
Contact|संपक : 05862-242225-
Email ID|ईमेल आईडी : compac02@up.nic.in
1 GSTIN|जीएसट आईएन : - Manpower Outsourcing Services - Minimum wage - Unskilled; Others; Washer
Address|पता : 02 BN PAC SITAPUR,
SITAPUR, UTTAR PRADESH-261001, India
*GST / Tax invoice to be raised in the name of| जसके नाम के प म GST/TAX इनवॉइस पेश कया जाएगा - Consignee
Service Start Date (latest by)|सेवा ारंभ दनांक (नवीनतम) : 01-Apr-2023 Service End Date|सेवा समा त त थ : 30-Jun-2023
Description| ववरण Number of Resources to be hired Percentage of Service charge inclusive of GST
Zipcode NA
Experience 0 to 3 Years
District NA
Amount of Contract|अनुबंध क रा श
Total Contract Value Including All Duties and Taxes|सभी शु क और कर स हत कुल अनुबंध मू य (INR) 82803.36
1 Agreement Overview
This is a Service Level Agreement (“SLA” or “Agreement”) between the Buyer and Manpower HiringAgency/Service Provider. The purpose of this Agreement is to facilitate
implementation of Manpower Hiring Service at the Buyer’s premises, or any other premises approved by the Buyer. This Agreement outlines the scope of work, Buyer’s
obligations, special terms and conditions related to service delivery and payment of services. The Agreement remains valid till completion of scope of services or end of
contractual duration (whichever is earlier) unless mutually extended by both the parties.
The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:
I. General terms and conditions for Services;( “GTC”)
II. Service Specific Standard Terms and Conditions (“STC”) of the Services contracts shall include the service level agreement (SLA) for the service.
III. BID/ Reverse Auction specific Additional Terms & Conditions (ATC) as specified by the buyer.
The above terms and conditions are in reverse order of precedence i.e., ATC shall supersede Service specific STC which shall supersede GTC, whenever there are any conflicting
provisions. The above set of terms and conditions along with the scope of work and SLA as enumerated in this document shall be construed to be part of the Contract/Agreement
between the Buyer and Service Provider.
2 Objectives and Goals
The objective of this Agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to Buyer by Service Provider. The goals
of this agreement are to:
I. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
II. Present a clear, concise, and measurable description of services offered to the Buyer
III. Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified
IV. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons
ThisAgreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same.
i. The Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner desired
by the Buyer. Any mismatch in demand and supply of the manpower such as number of employees, educational qualification, sectoral/ desired work experience etc. may
lead to deductions and/or replacement of the resource with the matching skillset based on the approval from buyer.
ii. The service provider/contractor shall be responsible for paying wages to contract labour at rates not less than the minimum wages as notified by the Appropriate
Government.
iii. The service provider/contractor shall be responsible for paying bonus to contract labour in the manner prescribed by the Payment of Bonus Act, 1965 & shall get
reimbursed from the buyer.
iv. The service provider/contractor shall be responsible for paying proportionate gratuity to contract labour who have rendered continuous service as per the provisions of the
Payment of Gratuity Act, 1972
v. Service Provider shall adhere to the timeline given by Buyer for providing the required manpower on Buyer’s premise/ designated premise.
vi. The Service Provider shall not assign its rights or obligations under this Contract, in whole or in part, nor enter any subcontract to perform any portion of this Contract,
without the written consent of the Buyer. The Service Provider shall be responsible and liable to deliver the services as per the contract.
vii. The Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
viii. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The biodata/ resume, qualification and
experience of the said manpower should be verified/certified by the Service Provider. In case any of such document is found to be false at any stage, it would be deemed
to be a breach of terms of contract making the Service Provider liable for legal action.
ix. The Service Provider shall be responsible for police verification, character, and antecedents’ verification of the manpower. The same may be verified by the Buyer at the
time of joining of the manpower, if he/she so desires.
x. The manpower provided by the Service Provider shall not be deemed employees of the Buyer department hence the compliance of the applicable acts/ laws will be the sole
responsibility of the Service Provider.
xi. The Service Provider shall furnish the following documents in respect of the manpower deployed by them to Buyer's premise/ designated premise in the given time limit:
a. List of persons deployed (monthly)
b. Biodata/ resume with antecedents’ details (at the time of deployment)
c. Copy of Aadhaar Card of the candidates (at the time of deployment)
d. Identity Cards issued by Service Provider bearing photograph (within 8 days of joining)
e. Identity proof and residential proof (at the time of deployment)
f. Copy of police verification certificate (at the time of deployment)
g. Copy of birth certificate, if required (at the time of deployment - for domicile purpose)
xii. The Service Provider shall nominate a coordinator/ Single Point of Contact (SPOC) who shall be responsible for regular interaction with the Buyer Department so that
optimal services of the persons deployed could be availed without any disruption.
xiii. The attendance of the manpower shall be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer's
premises.
xiv. All selected manpower shall wear Identity Card provided by the Service Provider every day during working hours.
xv. The Service Provider shall issue the letter of deployment to every deployed manpower and a copy of same shall be submitted to Buyer.
xvi. In an event of deployed manpower availing leave, and if required by Buyer, suitable substitute(s) shall be provided by Service Provider as per mutual understanding with
Buyer. Service Provider shall communicate the same to buyer in advance.
xvii. In case of any resource permanently leaving the organization or taking leave for a longer duration, service provider shall communicate the same to buyer at least 1 month
prior to the last working day of a resources. Suitable substitute(s) shall be provided by Service Provider as per mutual understanding with buyer.
xviii. The Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.
xix. The Service Provider shall ensure that all the relevant licenses/ registrations/ permissions which may be required for providing the services under this Agreement are valid
during the entire period of the Agreement; failing which the Buyer can take appropriate action including imposition of deductions and termination of contract. The
documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
xx. In case of continuous work (24 hours or more than 26 days in a month), Service Provider shall be responsible to change the shifts and manpower in compliance with the
labor laws.
xxi. The persons deployed by the Service Provider shall not claim nor shall be entitled to pay, perks and other facilities admissible to regular/ confirmed employees during the
currency or after expiry of the Agreement.
xxii. No medical facilities or reimbursement or any sort of medical claims thereof in respect of employees provided by the Service Provider will be entertained by the Buyer.
xxiii. The persons deployed shall treat as confidential all data and information received from the Buyer and obtained in the execution of its responsibilities under this Contract/
Agreement, in strict confidence and will not reveal such information to any other party including the Service Provider without the prior written approval of the Buyer. In
view of this, the persons deployed shall be required to sign a non-disclosure agreement and breach of the same shall make the Service Provider as well as the person
deployed liable for penal action under the applicable laws besides, action for breach of contract and termination of contract.
xxiv. For all intents and purposes, the Service Provider shall be the “Employer’’ within the meaning of different Rules & Acts in respect of manpower so deployed. The persons
deployed by the Service Provider shall not have any claim whatsoever like employer and employee relationship against the Buyer.
xxv. No deployed manpower shall be allowed to stay in the Buyer’s premise/ designated premise unnecessarily after working hours without Buyer’s permission.
xxvi. Any damages/ losses caused by deployed manpower shall be borne by the Service Provider. The Buyer Department shall not be responsible for any financial loss or any
injury to any person deployed by the Service Provider during their performing the functions/duties, or for payment towards any compensation.
xxvii. The Service Provider shall be solely responsible for the redressal of grievances/ resolution of disputes relating to persons deployed. The Buyer shall, in no way be
responsible for settlement of such issues whatsoever.
xxviii. The Service Provider shall be responsible for timely payment of take-home remuneration to the manpower and deposit of EPF and ESI (both employee and employer
share), failing which deductions shall be made by buyer.
xxix. The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the Buyer Department or any other authority under
Law.
xxx. The Service Provider shall ensure regular payment to the deployed manpower to their entitlements like monthly salaries/ wages etc. and submit the documentary proof of
the salary paid as per the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of disbursement of wages of
previous month.
xxxi. The wages of every person deployedupon or in any establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the
seventh day after the last day wage-period in respect of which the wages are payable. In any other establishment, wages of every person employed shall be paid before
expiry of tenth day after last day wage-period. Payment of salary/ wages to the employees shall be made in their bank accounts only, no cash or kind payment shall be
made.
xxxii. The Service Provider shall furnish statement of amount paid for the month to the manpower deployed along with Transaction Details and Bank account from which the
payment has been made. Service Provider shall furnish copy of bank statement in support of amount paid as and when required by Buyer.
xxxiii. The Service Provider shall also deposit EPF and ESI of both employer and employee share within 15th day of the month of payment of wages.
xxxiv. The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly/ quarterly/ half yearly/ annual
return if any before the EPF and ESI authorities.
xxxv. All applicable taxes and duties other than mentioned in the contract document, shall be payable by the Service Provider and the Buyer shall not entertain any claims
whatsoever with respect to the same.
xxxvi. The Service Provider,at all times,will ensure that the services being provided under this Contract/Agreement are performed strictly in accordance with all applicable laws,
order, byelaws, regulations, notifications, guidelines, rules, standards, recommended practices etc. and no liability in this regard will be attached to the Buyer.
i. As per the Contract Labour Regulation and Abolition Act, 1970, the service provider/contractor shall be responsible for ensuring that wages are paid to the contract labour
on time. The principal employer/buyer shall ensure that the wages are paid on time to the contract labour by the service provider/contractor. In case the service
provider/contractor fails to pay the wages on time or makes short-payment, the principal employer/buyer shall be liable to pay the wages to the contract labour directly
and recover the amount from the service provider/contractor.
ii. The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the manpower or by the
Service Provider. The manpower as well as the Service Provider shall comply with the relevant rules and regulations applicable at present and as may be enforced from
time to time, for which the Buyer will not be liable or responsible in any manner. The onus of compliance to all the applicable laws/acts/rules etc.shall only rest with the
Service Provider. An indicative list of central labor laws is provided under Annexure 1.
iii. The cost of services quoted by the Service Provider shall cover all aspects of service delivery and include all the components of salary/ wages (minimum wage, insurance,
PF, ESI etc.) and taxes, as applicable.
iv. No advance payment shall be made to the Service Provider.
v. Payment shall be made once the services are delivered, and the Service Provider submits the invoice for the same.
vi. The Buyer shall make the payment within prescribed timelines as per the payment process flow upon submission of invoice, logbook, and service feedback.
vii. Payment shall be made only after submission of invoices, attendance sheet, logbook, service feedback, documentary proofs for PF/ESI/EDLI etc. payments. Non-
submission of the same may lead to delay/ deduction in payment.
viii. All the deductions (if applicable) shall be settled before making the payments. Service Provider shall not have any objection on the same.
ix. Payment to the manpower resources by the service provider shall be made through bank transfer only, in no circumstance cash payment shall be made.
x. In case of any changes in the minimum wages or any statutory wage component as per the Applicable Laws during the Contract period, the Buyer shall pay the Service
Provider the differential amount in wage.It is clarified that such increase in the wages will not have any impact on the service charges. The total value of the service charge
to be paid by the buyer to service provider shall remain same as per the original contract value.
xi. Service provider will submit the invoice & upload the supporting documents such as attendance sheet, logbook etc. on GeM portal
xii. Buyer will review the documents provided by service provider & may either accept or reject based on actual performance. If required, buyer may impose any non-delivery
deductions, SLA deductions, over & above the invoice submitted by service provider.
5 Deductions
Deductions
S.
Description
No.
1st Instance 2nd Instance 3rd Instance
6 Payment Terms
i. The Payment procedure as specified in the General Terms and Conditions (GTC) of GeM will be applicable.
ii. Payment schedule to be as per payment terms specified in bid document/ATC by the buyer.
7 Undertaking
The service provider/contractor shall not make any unauthorized deductions from the wages of the contract labour and provide below undertaking:
"The Service Provider hereby undertakes not to charge any money/fees/ deductions in whatever manner, name or form, or take any monetary/non-monetary considerations, or
make any unlawful deductions from the compensation/salary of the manpower/employees/resources engaged by it and, to be deployed at the Buyer’s site. The Service Provider
further agrees that it will not indulge in any unethical practices and acknowledges that any non-compliance of the aforesaid undertaking will be treated as a material breach of the
Contract, in which case the Buyer and GeM shall have the right to take appropriate independent actions including termination of the Contract and actions as per GeM Incident
Management Policy."
8 Formula Used
“d” = “bp” + “esi” + “pf” + “edli” + “bonus” + “admin” + “nm1” + “nm2” + “nm3”
Where,
“bp” = Basic dailywage (INR) exclusive of GST
“pf” = Provident Fund (INR Daily)
“edli” = EDLI (INR Daily)
“esi” = ESI (INR Daily)
“bonus” = Bonus (INR Daily)
“admin” = EPF Admin Charge (INR Daily)
“nm1” = Optional Allowance 1 (INR Daily)
“nm2” = Optional Allowance 2 (INR Daily)
“nm3” = Optional Allowance 3 (INR Daily)
“m” = Cumulative Cost (INR Daily)
8.2 Total: -
Annexure - 1
1. The Bidder should have executed at least X No. projects with contract value not less than (Rs) yy for each contract of providing manpower services to Central/ State
Government Departments/ Public Sector Undertakings/ Autonomous Bodies in last N financial years : ....
2. The Bidder should have executed at least X No. projects with supply of xx..no. of manpower in each contract of providing manpower services to Central/ State Government
Departments/ Public Sector Undertakings/ Autonomous Bodies in last N financial years : ...
3. Geographic Presence: Office registration certificate : ..
4 . Scope of work & Job description : click here
5 . In case, the buyer wants to retain some of the existing resources then buyer is needed to upload the list of resources along with the quantity of each type or resource to be
continued by the successful bidder/service provider under the new contract as per the T&C of new contract concluded on the basis of this bid along with approval of
Competent Authority. :click here
6 . Buyer to upload Gazette notification for the breakup of ESI/EPF/ELDI etc if required : click here
7 . Buyer to upload undertaking that Minimum Wages indicated by him during Bid Creation are as per applicable Minimum Wages Act : click here
1 . Project Experience And Certificates With Respect To Eligibility Criteria : click here
2 . Copy Of Labour Licence/pf/epf/esi Registration Letter/certificate : click here
3 . Certificate (Requested in ATC) : click here
4 . Statutory Auditor Certificate : click here
5 . Copy Of Certificate For Incorporation/registration Of Bidding Entity Under Appropriate Act/authority In India : click here
6 . Auditor Certificate For Profit Making Entity In Last 3 Yrs : click here
7 . Registration Certificate For Geographical Presence As Required By Buye : click here
1.1 This contract is governed by the General Terms and Conditions , conditions stipulated to this Product/Service as provided in the Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance with the General Terms and
Conditions (GTC) unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC) and/ or BID/Reverse Auction Additional Terms and Conditions
(ATC), as applicable
2.1 Generic:
OPTION CLAUSE: The Purchaser reserves the right to increase or decrease the quantity to be ordered up to 25 percent of bid quantity at the time of placement of contract. The
purchaser also reserves the right to increase the ordered quantity by up to 25% of the contracted quantity during the currency of the contract at the contracted rates. Bidders
are bound to accept the orders accordingly.
Financial Approval Detail| व ीय वीकृ त ववरण Paying Authority Details|भुगतान ा धकरण ववरण
IFD Concurrence|आईएफडी सहम त : No Role: PAO
Designation of Administrative Approval| Payment Mode|
commandent Offline
शास नक अनुमोदन का पदनाम: भुगतान का तरीका:
Designation of Financial Approval| Designation|पद : DY COMMANDANT
commandent
व ीय अनुमोदन का पदनाम : Email ID|ईमेल आईडी : ddo8.upp.up@gembuyer.in
GSTIN|जीएसट आईएन : -
OFFICE OF THE DIG PAC AYODHYA SECTOR, AYODHYA,
Address|पता: POLICE LINE CAMPUS, NEAR PUSHPRAJ CHAURAHA, UP,
Faizabad, UTTAR PRADESH-224001, India
S.No| .सं. Consignee Name & Address|परे षती नाम & पता Service Description|सेवा ववरण
Contact|संपक : 05862-242225-
Email ID|ईमेल आईडी : compac02@up.nic.in
1 GSTIN|जीएसट आईएन : - Manpower Outsourcing Services - Minimum wage - Unskilled; Others; Cook
Address|पता : 02 BN PAC SITAPUR,
SITAPUR, UTTAR PRADESH-261001, India
*GST / Tax invoice to be raised in the name of| जसके नाम के प म GST/TAX इनवॉइस पेश कया जाएगा - Consignee
Service Start Date (latest by)|सेवा ारंभ दनांक (नवीनतम) : 01-Apr-2023 Service End Date|सेवा समा त त थ : 31-May-2023
Description| ववरण Number of Resources to be hired Percentage of Service charge inclusive of GST
Zipcode NA
District NA
Experience 0 to 3 Years
Amount of Contract|अनुबंध क रा श
Total Contract Value Including All Duties and Taxes|सभी शु क और कर स हत कुल अनुबंध मू य (INR) 212523.75
1 Agreement Overview
This is a Service Level Agreement (“SLA” or “Agreement”) between the Buyer and Manpower HiringAgency/Service Provider. The purpose of this Agreement is to facilitate
implementation of Manpower Hiring Service at the Buyer’s premises, or any other premises approved by the Buyer. This Agreement outlines the scope of work, Buyer’s
obligations, special terms and conditions related to service delivery and payment of services. The Agreement remains valid till completion of scope of services or end of
contractual duration (whichever is earlier) unless mutually extended by both the parties.
The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:
I. General terms and conditions for Services;( “GTC”)
II. Service Specific Standard Terms and Conditions (“STC”) of the Services contracts shall include the service level agreement (SLA) for the service.
III. BID/ Reverse Auction specific Additional Terms & Conditions (ATC) as specified by the buyer.
The above terms and conditions are in reverse order of precedence i.e., ATC shall supersede Service specific STC which shall supersede GTC, whenever there are any conflicting
provisions. The above set of terms and conditions along with the scope of work and SLA as enumerated in this document shall be construed to be part of the Contract/Agreement
between the Buyer and Service Provider.
2 Objectives and Goals
The objective of this Agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to Buyer by Service Provider. The goals
of this agreement are to:
I. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
II. Present a clear, concise, and measurable description of services offered to the Buyer
III. Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified
IV. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons
ThisAgreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same.
i. The Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner desired
by the Buyer. Any mismatch in demand and supply of the manpower such as number of employees, educational qualification, sectoral/ desired work experience etc. may
lead to deductions and/or replacement of the resource with the matching skillset based on the approval from buyer.
ii. The service provider/contractor shall be responsible for paying wages to contract labour at rates not less than the minimum wages as notified by the Appropriate
Government.
iii. The service provider/contractor shall be responsible for paying bonus to contract labour in the manner prescribed by the Payment of Bonus Act, 1965 & shall get
reimbursed from the buyer.
iv. The service provider/contractor shall be responsible for paying proportionate gratuity to contract labour who have rendered continuous service as per the provisions of the
Payment of Gratuity Act, 1972
v. Service Provider shall adhere to the timeline given by Buyer for providing the required manpower on Buyer’s premise/ designated premise.
vi. The Service Provider shall not assign its rights or obligations under this Contract, in whole or in part, nor enter any subcontract to perform any portion of this Contract,
without the written consent of the Buyer. The Service Provider shall be responsible and liable to deliver the services as per the contract.
vii. The Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
viii. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The biodata/ resume, qualification and
experience of the said manpower should be verified/certified by the Service Provider. In case any of such document is found to be false at any stage, it would be deemed
to be a breach of terms of contract making the Service Provider liable for legal action.
ix. The Service Provider shall be responsible for police verification, character, and antecedents’ verification of the manpower. The same may be verified by the Buyer at the
time of joining of the manpower, if he/she so desires.
x. The manpower provided by the Service Provider shall not be deemed employees of the Buyer department hence the compliance of the applicable acts/ laws will be the sole
responsibility of the Service Provider.
xi. The Service Provider shall furnish the following documents in respect of the manpower deployed by them to Buyer's premise/ designated premise in the given time limit:
a. List of persons deployed (monthly)
b. Biodata/ resume with antecedents’ details (at the time of deployment)
c. Copy of Aadhaar Card of the candidates (at the time of deployment)
d. Identity Cards issued by Service Provider bearing photograph (within 8 days of joining)
e. Identity proof and residential proof (at the time of deployment)
f. Copy of police verification certificate (at the time of deployment)
g. Copy of birth certificate, if required (at the time of deployment - for domicile purpose)
xii. The Service Provider shall nominate a coordinator/ Single Point of Contact (SPOC) who shall be responsible for regular interaction with the Buyer Department so that
optimal services of the persons deployed could be availed without any disruption.
xiii. The attendance of the manpower shall be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer's
premises.
xiv. All selected manpower shall wear Identity Card provided by the Service Provider every day during working hours.
xv. The Service Provider shall issue the letter of deployment to every deployed manpower and a copy of same shall be submitted to Buyer.
xvi. In an event of deployed manpower availing leave, and if required by Buyer, suitable substitute(s) shall be provided by Service Provider as per mutual understanding with
Buyer. Service Provider shall communicate the same to buyer in advance.
xvii. In case of any resource permanently leaving the organization or taking leave for a longer duration, service provider shall communicate the same to buyer at least 1 month
prior to the last working day of a resources. Suitable substitute(s) shall be provided by Service Provider as per mutual understanding with buyer.
xviii. The Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.
xix. The Service Provider shall ensure that all the relevant licenses/ registrations/ permissions which may be required for providing the services under this Agreement are valid
during the entire period of the Agreement; failing which the Buyer can take appropriate action including imposition of deductions and termination of contract. The
documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
xx. In case of continuous work (24 hours or more than 26 days in a month), Service Provider shall be responsible to change the shifts and manpower in compliance with the
labor laws.
xxi. The persons deployed by the Service Provider shall not claim nor shall be entitled to pay, perks and other facilities admissible to regular/ confirmed employees during the
currency or after expiry of the Agreement.
xxii. No medical facilities or reimbursement or any sort of medical claims thereof in respect of employees provided by the Service Provider will be entertained by the Buyer.
xxiii. The persons deployed shall treat as confidential all data and information received from the Buyer and obtained in the execution of its responsibilities under this Contract/
Agreement, in strict confidence and will not reveal such information to any other party including the Service Provider without the prior written approval of the Buyer. In
view of this, the persons deployed shall be required to sign a non-disclosure agreement and breach of the same shall make the Service Provider as well as the person
deployed liable for penal action under the applicable laws besides, action for breach of contract and termination of contract.
xxiv. For all intents and purposes, the Service Provider shall be the “Employer’’ within the meaning of different Rules & Acts in respect of manpower so deployed. The persons
deployed by the Service Provider shall not have any claim whatsoever like employer and employee relationship against the Buyer.
xxv. No deployed manpower shall be allowed to stay in the Buyer’s premise/ designated premise unnecessarily after working hours without Buyer’s permission.
xxvi. Any damages/ losses caused by deployed manpower shall be borne by the Service Provider. The Buyer Department shall not be responsible for any financial loss or any
injury to any person deployed by the Service Provider during their performing the functions/duties, or for payment towards any compensation.
xxvii. The Service Provider shall be solely responsible for the redressal of grievances/ resolution of disputes relating to persons deployed. The Buyer shall, in no way be
responsible for settlement of such issues whatsoever.
xxviii. The Service Provider shall be responsible for timely payment of take-home remuneration to the manpower and deposit of EPF and ESI (both employee and employer
share), failing which deductions shall be made by buyer.
xxix. The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the Buyer Department or any other authority under
Law.
xxx. The Service Provider shall ensure regular payment to the deployed manpower to their entitlements like monthly salaries/ wages etc. and submit the documentary proof of
the salary paid as per the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of disbursement of wages of
previous month.
xxxi. The wages of every person deployedupon or in any establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the
seventh day after the last day wage-period in respect of which the wages are payable. In any other establishment, wages of every person employed shall be paid before
expiry of tenth day after last day wage-period. Payment of salary/ wages to the employees shall be made in their bank accounts only, no cash or kind payment shall be
made.
xxxii. The Service Provider shall furnish statement of amount paid for the month to the manpower deployed along with Transaction Details and Bank account from which the
payment has been made. Service Provider shall furnish copy of bank statement in support of amount paid as and when required by Buyer.
xxxiii. The Service Provider shall also deposit EPF and ESI of both employer and employee share within 15th day of the month of payment of wages.
xxxiv. The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly/ quarterly/ half yearly/ annual
return if any before the EPF and ESI authorities.
xxxv. All applicable taxes and duties other than mentioned in the contract document, shall be payable by the Service Provider and the Buyer shall not entertain any claims
whatsoever with respect to the same.
xxxvi. The Service Provider,at all times,will ensure that the services being provided under this Contract/Agreement are performed strictly in accordance with all applicable laws,
order, byelaws, regulations, notifications, guidelines, rules, standards, recommended practices etc. and no liability in this regard will be attached to the Buyer.
i. As per the Contract Labour Regulation and Abolition Act, 1970, the service provider/contractor shall be responsible for ensuring that wages are paid to the contract labour
on time. The principal employer/buyer shall ensure that the wages are paid on time to the contract labour by the service provider/contractor. In case the service
provider/contractor fails to pay the wages on time or makes short-payment, the principal employer/buyer shall be liable to pay the wages to the contract labour directly
and recover the amount from the service provider/contractor.
ii. The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the manpower or by the
Service Provider. The manpower as well as the Service Provider shall comply with the relevant rules and regulations applicable at present and as may be enforced from
time to time, for which the Buyer will not be liable or responsible in any manner. The onus of compliance to all the applicable laws/acts/rules etc.shall only rest with the
Service Provider. An indicative list of central labor laws is provided under Annexure 1.
iii. The cost of services quoted by the Service Provider shall cover all aspects of service delivery and include all the components of salary/ wages (minimum wage, insurance,
PF, ESI etc.) and taxes, as applicable.
iv. No advance payment shall be made to the Service Provider.
v. Payment shall be made once the services are delivered, and the Service Provider submits the invoice for the same.
vi. The Buyer shall make the payment within prescribed timelines as per the payment process flow upon submission of invoice, logbook, and service feedback.
vii. Payment shall be made only after submission of invoices, attendance sheet, logbook, service feedback, documentary proofs for PF/ESI/EDLI etc. payments. Non-
submission of the same may lead to delay/ deduction in payment.
viii. All the deductions (if applicable) shall be settled before making the payments. Service Provider shall not have any objection on the same.
ix. Payment to the manpower resources by the service provider shall be made through bank transfer only, in no circumstance cash payment shall be made.
x. In case of any changes in the minimum wages or any statutory wage component as per the Applicable Laws during the Contract period, the Buyer shall pay the Service
Provider the differential amount in wage.It is clarified that such increase in the wages will not have any impact on the service charges. The total value of the service charge
to be paid by the buyer to service provider shall remain same as per the original contract value.
xi. Service provider will submit the invoice & upload the supporting documents such as attendance sheet, logbook etc. on GeM portal
xii. Buyer will review the documents provided by service provider & may either accept or reject based on actual performance. If required, buyer may impose any non-delivery
deductions, SLA deductions, over & above the invoice submitted by service provider.
5 Deductions
Deductions
S.
Description
No.
1st Instance 2nd Instance 3rd Instance
6 Payment Terms
i. The Payment procedure as specified in the General Terms and Conditions (GTC) of GeM will be applicable.
ii. Payment schedule to be as per payment terms specified in bid document/ATC by the buyer.
7 Undertaking
The service provider/contractor shall not make any unauthorized deductions from the wages of the contract labour and provide below undertaking:
"The Service Provider hereby undertakes not to charge any money/fees/ deductions in whatever manner, name or form, or take any monetary/non-monetary considerations, or
make any unlawful deductions from the compensation/salary of the manpower/employees/resources engaged by it and, to be deployed at the Buyer’s site. The Service Provider
further agrees that it will not indulge in any unethical practices and acknowledges that any non-compliance of the aforesaid undertaking will be treated as a material breach of the
Contract, in which case the Buyer and GeM shall have the right to take appropriate independent actions including termination of the Contract and actions as per GeM Incident
Management Policy."
8 Formula Used
“d” = “bp” + “esi” + “pf” + “edli” + “bonus” + “admin” + “nm1” + “nm2” + “nm3”
Where,
“bp” = Basic dailywage (INR) exclusive of GST
“pf” = Provident Fund (INR Daily)
“edli” = EDLI (INR Daily)
“esi” = ESI (INR Daily)
“bonus” = Bonus (INR Daily)
“admin” = EPF Admin Charge (INR Daily)
“nm1” = Optional Allowance 1 (INR Daily)
“nm2” = Optional Allowance 2 (INR Daily)
“nm3” = Optional Allowance 3 (INR Daily)
“m” = Cumulative Cost (INR Daily)
8.2 Total: -
Annexure - 1
1. The Bidder should have executed at least X No. projects with contract value not less than (Rs) yy for each contract of providing manpower services to Central/ State
Government Departments/ Public Sector Undertakings/ Autonomous Bodies in last N financial years : ..
2. The Bidder should have executed at least X No. projects with supply of xx..no. of manpower in each contract of providing manpower services to Central/ State Government
Departments/ Public Sector Undertakings/ Autonomous Bodies in last N financial years : ..
3. Geographic Presence: Office registration certificate : ...
4 . Scope of work & Job description : click here
5 . In case, the buyer wants to retain some of the existing resources then buyer is needed to upload the list of resources along with the quantity of each type or resource to be
continued by the successful bidder/service provider under the new contract as per the T&C of new contract concluded on the basis of this bid along with approval of
Competent Authority. :click here
6 . Buyer to upload Gazette notification for the breakup of ESI/EPF/ELDI etc if required : click here
7 . Buyer to upload undertaking that Minimum Wages indicated by him during Bid Creation are as per applicable Minimum Wages Act : click here
1.1 This contract is governed by the General Terms and Conditions , conditions stipulated to this Product/Service as provided in the Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance with the General Terms and
Conditions (GTC) unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC) and/ or BID/Reverse Auction Additional Terms and Conditions
(ATC), as applicable
2.1 Generic:
OPTION CLAUSE: The Purchaser reserves the right to increase or decrease the quantity to be ordered up to 25 percent of bid quantity at the time of placement of contract. The
purchaser also reserves the right to increase the ordered quantity by up to 25% of the contracted quantity during the currency of the contract at the contracted rates. Bidders
are bound to accept the orders accordingly.
Financial Approval Detail| व ीय वीकृ त ववरण Paying Authority Details|भुगतान ा धकरण ववरण
IFD Concurrence|आईएफडी सहम त : No Role: BUYER
Designation of Administrative Approval| Payment Mode|
COMMANDENT 11BN PAC Offline
शास नक अनुमोदन का पदनाम: भुगतान का तरीका:
Designation of Financial Approval| Designation|पद : COMMANDANT
COMMANDENT 11BN PAC
व ीय अनुमोदन का पदनाम : Email ID|ईमेल आईडी : compac11@nic.in
GSTIN|जीएसट आईएन : -
OFFICE OF COMMANDANT 11BN SITAPUR,
Address|पता:
Sitapur, UTTAR PRADESH-261001, India
S.No| .सं. Consignee Name & Address|परे षती नाम & पता Service Description|सेवा ववरण
Contact|संपक : 05862-271524-
Email ID|ईमेल आईडी : compac11@nic.in
GSTIN|जीएसट आईएन : -
1 Manpower Outsourcing Services - Fixed Remuneration - Others; Sweeper; Not Required
Address|पता : OFFICE OF COMMANDANT 11BN
SITAPUR,
SITAPUR, UTTAR PRADESH-261001, India
*GST / Tax invoice to be raised in the name of| जसके नाम के प म GST/TAX इनवॉइस पेश कया जाएगा - Buyer
Service Start Date (latest by)|सेवा ारंभ दनांक (नवीनतम) : 01-Aug-2023 Service End Date|सेवा समा त त थ : 31-Oct-2023
Experience 0 to 3 Years
Amount of Contract|अनुबंध क रा श
Total Contract Value Including All Duties and Taxes|सभी शु क और कर स हत कुल अनुबंध मू य (INR) 385822.31
1 Agreement Overview
This is a Service Level Agreement (“SLA” or “Agreement”) between the Buyer and Manpower HiringAgency/Service Provider. The purpose of this Agreement is to facilitate
implementation of Manpower Hiring Service at the Buyer’s premises, or any other premises approved by the Buyer. This Agreement outlines the scope of work, Buyer’s
obligations, special terms and conditions related to service delivery and payment of services. The Agreement remains valid till completion of scope of services or end of
contractual duration (whichever is earlier) unless mutually extended by both the parties.
The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:
The above terms and conditions are in reverse order of precedence i.e. ATC shall supersede Service specific STC which shall supersede GTC, whenever there are any conflicting
provisions. The above set of terms and conditions along with the scope of work and SLA as enumerated in this document shall be construed to be part of the Contract/Agreement
between the Buyer and Service Provider.
The objective of this Agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to Buyer by Service Provider. The goals
of this agreement are to:
I. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
II. Present a clear, concise, and measurable description of services offered to the Buyer
III. Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified
IV. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons
ThisAgreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same.
1. Buyer : Buyer is responsible to provide clear instructions, approvals and timely payments for the services availed
2. ServiceProvider: Service provider is responsible to provide all the required services in timely manner. Service provider may also include seller, any authorized agents,
permitted assignees, successors and nominees as described in the agreement
The responsibilities and obligations of the stakeholders have been outlined in this document. The document also encompasses service level/ deductions in case of non-
adherence to the defined terms and conditions.
i. The Buyer shall provide workspace (seating area, work desk, furniture etc.) for the manpower hired through Service Provider, the Buyer shall also arrange necessary gate/
entry pass to Buyer's premise/ designated premise for the manpower.
ii. Working shifts (includes day and night shift) if any, and daily working hours shall be mutually agreed upon between Buyer and Service Provider and should follow all the
labor laws.
iii. The Buyer shall directly or in consultation with the Service Provider provide the necessary training to the manpower for Buyer specific tools, applications, and machinery
etc., if required.’
iv. The Buyer shall provide, free of charge unimpeded access to all the infrastructure which is required to perform the Services. It may include use of stationery, printer,
electricity, internet, Buyer specific servers, data drives, tools, and software etc. However, use of such infrastructure shall be limited for official purpose only.
v. The Buyer shall make necessary arrangements for use of basic facilities like water pots/ machines, cafeteria, washrooms etc. for manpower working at Buyer's premise/
designated premise.
vi. TA/ DA shall be payable directly by the Buyer, in case of travel included in the scope of work, on production of travel documents in original and approval of appropriate
authority of the Buyer for undertaking such travel for the project/assignment.
vii. In case of services hired on annual basis and 5 working days, the manpower will be entitled to 08 days of casual leaves per year on pro-rata basis and in case of 6 working
days, the manpower will be entitled to 15 days casual leave per year on pro-rata basis. Beyond specified leaves as applicable, leave will be treated as leave without pay
(LWP) for which necessary deduction will be made by the Buyer in the amount billed by the Service Provider, if no replacement of manpower is provided.
viii. The Buyer shall have the right, within reason, to have any personnel removed who is undesirable with proper reasoning& justification.
ix. The Buyer will have option to replace the proposed manpower in case of non-performance, non-delivery or in any other exceptional case, however replacement of the
manpower will be in same category with same degree of skills, educational qualification, and number of years of experience, also prior approval for the same to be
provided by the Buyer.
x. In case if the Buyer has selected the option in the bid for retention of existing resource/resources of previous service provider, then service provider shall retain those
resources. In such cases, the Buyer shall be responsible for ensuring the qualification eligibility of those resources as per the contract requirement. Any extra costs
incurred by Service provider for onboarding those resources on their payroll shall be borne by Service Provider. Service Provider shall include any such costs in the service
charges quoted by them during the bid participation.
i. The service provider/contractor shall be responsible for paying wages to contract labour at rates not less than the minimum wages as notified by the Appropriate
Government.
ii. The Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner desired
by the Buyer. Any mismatch in demand and supply of the manpower such as number of employees, educational qualification, sectoral/ desired work experience etc. may
lead to deductions and/or replacement of the resource with the matching skillset based on the approval from buyer.
iii. The service provider/contractor shall be responsible for paying bonus to contract labour in the manner prescribed by the Payment of Bonus Act, 1965 & shall get
reimbursed from the buyer.
iv. The service provider/contractor shall be responsible for paying proportionate gratuity to contract labour who have rendered continuous service as per the provisions of the
Payment of Gratuity Act, 1972
v. Service Provider shall adhere to the timeline given by Buyer for providing the required manpower on Buyer’s premise/ designated premise.
vi. The Service Provider shall not assign its rights or obligations under this Contract, in whole or in part, nor enter any subcontract to perform any portion of this Contract,
without the written consent of the Buyer. The Service Provider shall be responsible and liable to deliver the services as per the contract.
vii. The Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
viii. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The biodata/ resume, qualification and
experience of the said manpower should be verified/certified by the Service Provider. In case any of such document is found to be false at any stage, it would be deemed
to be a breach of terms of contract making the Service Provider liable for legal action.
ix. The Service Provider shall be responsible for police verification, character, and antecedents’ verification of the manpower. The same may be verified by the Buyer at the
time of joining of the manpower, if he/she so desires.
x. The manpower provided by the Service Provider shall not be deemed employees of the Buyer department hence the compliance of the applicable acts/ laws will be the sole
responsibility of the Service Provider.
xi. The Service Provider shall furnish the following documents in respect of the manpower deployed by them to Buyer's premise/ designated premise in the given time limit:
i. List of persons deployed (monthly)
ii. Biodata/ resume with antecedents’ details (at the time of deployment)
iii. Copy of Aadhaar Card of the candidates (at the time of deployment)
iv. Identity Cards issued by Service Provider bearing photograph (within 8 days of joining)
v. Identity proof and residential proof (at the time of deployment)
vi. Copy of police verification certificate (at the time of deployment)
vii. Copy of birth certificate, if required (at the time of deployment - for domicile purpose)
xii. The Service Provider shall nominate a coordinator/ Single Point of Contact (SPOC) who shall be responsible for regular interaction with the Buyer Department so that
optimal services of the persons deployed could be availed without any disruption.
xiii. The attendance of the manpower shall be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer's
premises.
xiv. All selected manpower shall wear Identity Card provided by the Service Provider every day during working hours.
xv. The Service Provider shall issue the letter of deployment to every deployed manpower and a copy of same shall be submitted to Buyer.
xvi. In an event of deployed manpower availing leave, and if required by Buyer, suitable substitute(s) shall be provided by Service Provider as per mutual understanding with
Buyer. Service Provider shall communicate the same to buyer in advance.
xvii. In case of any resource permanently leaving the organization or taking leave for a longer duration, service provider shall communicate the same to buyer at least 1 month
prior to the last working day of a resources. Suitable substitute(s) shall be provided by Service Provider as per mutual understanding with buyer.
xviii. The Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.
xix. The Service Provider shall ensure that all the relevant licenses/ registrations/ permissions which may be required for providing the services under this Agreement are valid
during the entire period of the Agreement; failing which the Buyer can take appropriate action including imposition of deductions and termination of contract. The
documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
xx. In case of continuous work (24 hours or more than 26 days in a month), Service Provider shall be responsible to change the shifts and manpower in compliance with the
labor laws.
xxi. The persons deployed by the Service Provider shall not claim nor shall be entitled to pay, perks and other facilities admissible to regular/ confirmed employees during the
currency or after expiry of the Agreement.
xxii. No medical facilities or reimbursement or any sort of medical claims thereof in respect of employees provided by the Service Provider will be entertained by the Buyer.
xxiii. The persons deployed shall treat as confidential all data and information received from the Buyer and obtained in the execution of its responsibilities under this Contract/
Agreement, in strict confidence and will not reveal such information to any other party including the Service Provider without the prior written approval of the Buyer. In
view of this, the persons deployed shall be required to sign a non-disclosure agreement and breach of the same shall make the Service Provider as well as the person
deployed liable for penal action under the applicable laws besides, action for breach of contract and termination of contract.
xxiv. For all intents and purposes, the Service Provider shall be the “Employer’’ within the meaning of different Rules & Acts in respect of manpower so deployed. The persons
deployed by the Service Provider shall not have any claim whatsoever like employer and employee relationship against the Buyer.
xxv. No deployed manpower shall be allowed to stay in the Buyer’s premise/ designated premise unnecessarily after working hours without Buyer’s permission.
xxvi. Any damages/ losses caused by deployed manpower shall be borne by the Service Provider. The Buyer Department shall not be responsible for any financial loss or any
injury to any person deployed by the Service Provider during their performing the functions/duties, or for payment towards any compensation.
xxvii. The Service Provider shall be solely responsible for the redressal of grievances/ resolution of disputes relating to persons deployed. The Buyer shall, in no way be
responsible for settlement of such issues whatsoever.
xxviii. The Service Provider shall be responsible for timely payment of take-home remuneration to the manpower and deposit of EPF and ESI (both employee and employer
share), failing which deductions shall be made by buyer.
xxix. The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the Buyer Department or any other authority under
Law.
xxx. The Service Provider shall ensure regular payment to the deployed manpower to their entitlements like monthly salaries/ wages etc. and submit the documentary proof of
the salary paid as per the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of disbursement of wages of
previous month.
xxxi. The wages of every person deployedupon or in any establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the
seventh day after the last day wage-period in respect of which the wages are payable. In any other establishment, wages of every person employed shall be paid before
expiry of tenth day after last day wage-period. Payment of salary/ wages to the employees shall be made in their bank accounts only, no cash or kind payment shall be
made.
xxxii. The Service Provider shall furnish statement of amount paid for the month to the manpower deployed along with Transaction Details and Bank account from which the
payment has been made. Service Provider shall furnish copy of bank statement in support of amount paid as and when required by Buyer.
xxxiii. The Service Provider shall also deposit EPF and ESI of both employer and employee share within 15th day of the month of payment of wages.
xxxiv. The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly/ quarterly/ half yearly/ annual
return if any before the EPF and ESI authorities.
xxxv. All applicable taxes and duties other than mentioned in the contract document, shall be payable by the Service Provider and the Buyer shall not entertain any claims
whatsoever with respect to the same.
xxxvi. The Service Provider, at all times,will ensure that the services being provided under this Contract/Agreement are performed strictly in accordance with all applicable laws,
order, byelaws, regulations, notifications, guidelines, rules, standards, recommended practices etc. and no liability in this regard will be attached to the Buyer.
i. As per the Contract Labour Regulation and Abolition Act, 1970, the service provider/contractor shall be responsible for ensuring that wages are paid to the contract labour
on time. The principal employer/buyer shall ensure that the wages are paid on time to the contract labour by the service provider/contractor. In case the service
provider/contractor fails to pay the wages on time or makes short-payment, the principal employer/buyer shall be liable to pay the wages to the contract labour directly
and recover the amount from the service provider/contractor.
ii. The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the manpower or by the
Service Provider. The manpower as well as the Service Provider shall comply with the relevant rules and regulations applicable at present and as may be enforced from
time to time, for which the Buyer will not be liable or responsible in any manner. The onus of compliance to all the applicable laws/acts/rules etc. shall only rest with the
Service Provider. An indicative list of central labor laws is provided under Annexure 1.
iii. The cost of services quoted by the Service Provider shall cover all aspects of service delivery and include all the components of salary/ wages (minimum wage, insurance,
PF, ESI etc.) and taxes, as applicable.
iv. No advance payment shall be made to the Service Provider.
v. Payment shall be made once the services are delivered, and the Service Provider submits the invoice for the same.
vi. The Buyer shall make the payment within prescribed timelines as per the payment process flow upon submission of invoice, logbook, and service feedback.
vii. Payment shall be made only after submission of invoices, attendance sheet, logbook, service feedback, documentary proofs for PF/ESI/EDLI etc. payments. Non-
submission of the same may lead to delay/ deduction in payment.
viii. All the deductions (if applicable) shall be settled before making the payments. Service Provider shall not have any objection on the same.
ix. Payment to the manpower resources by the service provider shall be made through bank transfer only, in no circumstance cash payment shall be made.
x. In case of any changes in the minimum wages or any statutory wage component as per the Applicable Laws during the Contract period, the Buyer shall pay the Service
Provider the differential amount in wage.It is clarified that such increase in the wages will not have any impact on the service charges. The total value of the service charge
to be paid by the buyer to service provider shall remain same as per the original contract value.
xi. Service provider will submit the invoice & upload the supporting documents such as attendance sheet, logbook etc. on GeM portal
xii. Buyer will review the documents provided by service provider & may either accept or reject based on actual performance. If required, buyer may impose any non-delivery
deductions, SLA deductions, over & above the invoice submitted by service provider.
5 Deductions
Deductions
S.
Description
No.
S.
Description
No.
6 Payment Terms
i. The Payment procedure as specified in the General Terms and Conditions (GTC) of GeM will be applicable.
ii. Payment schedule to be as per payment terms specified in bid document/ATC by the buyer.
7 Undertaking
The service provider/contractor shall not make any unauthorized deductions from the wages of the contract labour and provide below undertaking:
"The Service Provider hereby undertakes not to charge any money/fees/ deductions in whatever manner, name or form, or take any monetary/non-monetary considerations, or
make any unlawful deductions from the compensation/salary of the manpower/employees/resources engaged by it and, to be deployed at the Buyer’s site. The Service Provider
further agrees that it will not indulge in any unethical practices and acknowledges that any non-compliance of the aforesaid undertaking will be treated as a material breach of the
Contract, in which case the Buyer and GeM shall have the right to take appropriate independent actions including termination of the Contract and actions as per GeM Incident
Management Policy."
8 Formula Used
“m” = “bp” + “esi” + “pf” + “edli” + “bonus” + “admin” + “nm1” + “nm2” + “nm3”
Where,
“bp” = Basic monthly pay (INR) exclusive of GST
“pf” = Provident Fund (INR Monthly)
“edli” = EDLI (INR Monthly)
“esi” = ESI (INR Monthly)
“bonus” = Bonus (INR Monthly)
“admin” = EPF Admin Charge (INR Monthly)
“nm1” = Optional Allowance 1 (INR Monthly)
“nm2” = Optional Allowance 2 (INR Monthly)
“nm3” = Optional Allowance 3 (INR Monthly)
“m” = Cumulative Cost (INR Monthly)
8.2 Total: -
Annexure - 1
NA
1.1 This contract is governed by the General Terms and Conditions , conditions stipulated to this Product/Service as provided in the Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance with the General Terms and
Conditions (GTC) unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC) and/ or BID/Reverse Auction Additional Terms and Conditions
(ATC), as applicable
Note: This is system generated file. No signature is required.
Financial Approval Detail| व ीय वीकृ त ववरण Paying Authority Details|भुगतान ा धकरण ववरण
IFD Concurrence|आईएफडी सहम त : No Role: BUYER
Designation of Administrative Payment Mode|
COMMANDANT 35TH BATTALION PAC LUCKN Offline
Approval| भुगतान का तरीका:
OW
शास नक अनुमोदन का पदनाम: Designation|पद : ASSISTANT COMMANDANT
Designation of Financial Approval| COMMANDANT 35TH BATTALION PAC LUCKN Email ID|ईमेल आईडी : buycon11.upp.up@gembuyer.in
व ीय अनुमोदन का पदनाम : OW GSTIN|जीएसट आईएन : -
35 PAC MAHANAGAR,
Address|पता:
LUCKNOW, UTTAR PRADESH-226006, India
S.No| .सं. Consignee Name & Address|परे षती नाम & पता Service Description|सेवा ववरण
Contact|संपक : 0522-2323272-
Email ID|ईमेल आईडी :
buycon11.upp.up@gembuyer.in
1 Manpower Outsourcing Services - Minimum wage - Unskilled; Others; Cook
GSTIN|जीएसट आईएन : -
Address|पता : 35 PAC MAHANAGAR,
LUCKNOW, UTTAR PRADESH-226006, India
*GST / Tax invoice to be raised in the name of| जसके नाम के प म GST/TAX इनवॉइस पेश कया जाएगा - Buyer
Service Start Date (latest by)|सेवा ारंभ दनांक (नवीनतम) : 01-Dec-2023 Service End Date|सेवा समा त त थ : 31-Dec-2023
Description| ववरण Number of Resources to be hired Percentage of Service charge inclusive of GST
Experience 0 to 3 Years
Amount of Contract|अनुबंध क रा श
Total Contract Value Including All Duties and Taxes|सभी शु क और कर स हत कुल अनुबंध मू य (INR) 387933.84
1 Agreement Overview
This is a Service Level Agreement (“SLA” or “Agreement”) between the Buyer and Manpower HiringAgency/Service Provider. The purpose of this Agreement is to facilitate
implementation of Manpower Hiring Service at the Buyer’s premises, or any other premises approved by the Buyer. This Agreement outlines the scope of work, Buyer’s
obligations, special terms and conditions related to service delivery and payment of services. The Agreement remains valid till completion of scope of services or end of
contractual duration (whichever is earlier) unless mutually extended by both the parties.
The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:
I. General terms and conditions for Services;( “GTC”)
II. Service Specific Standard Terms and Conditions (“STC”) of the Services contracts shall include the service level agreement (SLA) for the service.
III. BID/ Reverse Auction specific Additional Terms & Conditions (ATC) as specified by the buyer.
The above terms and conditions are in reverse order of precedence i.e., ATC shall supersede Service specific STC which shall supersede GTC, whenever there are any conflicting
provisions. The above set of terms and conditions along with the scope of work and SLA as enumerated in this document shall be construed to be part of the Contract/Agreement
between the Buyer and Service Provider.
2 Objectives and Goals
The objective of this Agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to Buyer by Service Provider. The goals
of this agreement are to:
I. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
II. Present a clear, concise, and measurable description of services offered to the Buyer
III. Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified
IV. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons
ThisAgreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same.
i. The Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner desired
by the Buyer. Any mismatch in demand and supply of the manpower such as number of employees, educational qualification, sectoral/ desired work experience etc. may
lead to deductions and/or replacement of the resource with the matching skillset based on the approval from buyer.
ii. The service provider/contractor shall be responsible for paying wages to contract labour at rates not less than the minimum wages as notified by the Appropriate
Government.
iii. The service provider/contractor shall be responsible for paying bonus to contract labour in the manner prescribed by the Payment of Bonus Act, 1965 & shall get
reimbursed from the buyer.
iv. The service provider/contractor shall be responsible for paying proportionate gratuity to contract labour who have rendered continuous service as per the provisions of the
Payment of Gratuity Act, 1972
v. Service Provider shall adhere to the timeline given by Buyer for providing the required manpower on Buyer’s premise/ designated premise.
vi. The Service Provider shall not assign its rights or obligations under this Contract, in whole or in part, nor enter any subcontract to perform any portion of this Contract,
without the written consent of the Buyer. The Service Provider shall be responsible and liable to deliver the services as per the contract.
vii. The Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
viii. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The biodata/ resume, qualification and
experience of the said manpower should be verified/certified by the Service Provider. In case any of such document is found to be false at any stage, it would be deemed
to be a breach of terms of contract making the Service Provider liable for legal action.
ix. The Service Provider shall be responsible for police verification, character, and antecedents’ verification of the manpower. The same may be verified by the Buyer at the
time of joining of the manpower, if he/she so desires.
x. The manpower provided by the Service Provider shall not be deemed employees of the Buyer department hence the compliance of the applicable acts/ laws will be the sole
responsibility of the Service Provider.
xi. The Service Provider shall furnish the following documents in respect of the manpower deployed by them to Buyer's premise/ designated premise in the given time limit:
a. List of persons deployed (monthly)
b. Biodata/ resume with antecedents’ details (at the time of deployment)
c. Copy of Aadhaar Card of the candidates (at the time of deployment)
d. Identity Cards issued by Service Provider bearing photograph (within 8 days of joining)
e. Identity proof and residential proof (at the time of deployment)
f. Copy of police verification certificate (at the time of deployment)
g. Copy of birth certificate, if required (at the time of deployment - for domicile purpose)
h. Details of PF Account Number of resources
xii. The Service Provider shall nominate a coordinator/ Single Point of Contact (SPOC) who shall be responsible for regular interaction with the Buyer Department so that
optimal services of the persons deployed could be availed without any disruption.
xiii. The attendance of the manpower shall be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer's
premises.
xiv. All selected manpower shall wear Identity Card provided by the Service Provider every day during working hours.
xv. The Service Provider shall issue the letter of deployment to every deployed manpower and a copy of same shall be submitted to Buyer.
xvi. In an event of deployed manpower availing leave, and if required by Buyer, suitable substitute(s) shall be provided by Service Provider as per mutual understanding with
Buyer. Service Provider shall communicate the same to buyer in advance.
xvii. In case of any resource permanently leaving the organization or taking leave for a longer duration, service provider shall communicate the same to buyer at least 1 month
prior to the last working day of a resources. Suitable substitute(s) shall be provided by Service Provider as per mutual understanding with buyer.
xviii. The Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.
xix. The Service Provider shall ensure that all the relevant licenses/ registrations/ permissions which may be required for providing the services under this Agreement are valid
during the entire period of the Agreement; failing which the Buyer can take appropriate action including imposition of deductions and termination of contract. The
documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
xx. In case of continuous work (24 hours or more than 26 days in a month), Service Provider shall be responsible to change the shifts and manpower in compliance with the
labor laws.
xxi. The persons deployed by the Service Provider shall not claim nor shall be entitled to pay, perks and other facilities admissible to regular/ confirmed employees during the
currency or after expiry of the Agreement.
xxii. No medical facilities or reimbursement or any sort of medical claims thereof in respect of employees provided by the Service Provider will be entertained by the Buyer.
xxiii. The persons deployed shall treat as confidential all data and information received from the Buyer and obtained in the execution of its responsibilities under this Contract/
Agreement, in strict confidence and will not reveal such information to any other party including the Service Provider without the prior written approval of the Buyer. In
view of this, the persons deployed shall be required to sign a non-disclosure agreement and breach of the same shall make the Service Provider as well as the person
deployed liable for penal action under the applicable laws besides, action for breach of contract and termination of contract.
xxiv. For all intents and purposes, the Service Provider shall be the “Employer’’ within the meaning of different Rules & Acts in respect of manpower so deployed. The persons
deployed by the Service Provider shall not have any claim whatsoever like employer and employee relationship against the Buyer.
xxv. No deployed manpower shall be allowed to stay in the Buyer’s premise/ designated premise unnecessarily after working hours without Buyer’s permission.
xxvi. Any damages/ losses caused by deployed manpower shall be borne by the Service Provider. The Buyer Department shall not be responsible for any financial loss or any
injury to any person deployed by the Service Provider during their performing the functions/duties, or for payment towards any compensation.
xxvii. The Service Provider shall be solely responsible for the redressal of grievances/ resolution of disputes relating to persons deployed. The Buyer shall, in no way be
responsible for settlement of such issues whatsoever.
xxviii. The Service Provider shall be responsible for timely payment of take-home remuneration to the manpower and deposit of EPF and ESI (both employee and employer
share), failing which deductions shall be made by buyer.
xxix. The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the Buyer Department or any other authority under
Law.
xxx. The Service Provider shall ensure regular payment to the deployed manpower to their entitlements like monthly salaries/ wages etc. and submit the documentary proof of
the salary paid as per the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of disbursement of wages of
previous month.
xxxi. The wages of every person deployedupon or in any establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the
seventh day after the last day wage-period in respect of which the wages are payable. In any other establishment, wages of every person employed shall be paid before
expiry of tenth day after last day wage-period. Payment of salary/ wages to the employees shall be made in their bank accounts only, no cash or kind payment shall be
made.
xxxii. The Service Provider shall furnish statement of amount paid for the month to the manpower deployed along with Transaction Details and Bank account from which the
payment has been made. Service Provider shall furnish copy of bank statement in support of amount paid as and when required by Buyer.
xxxiii. The Service Provider shall also deposit EPF and ESI of both employer and employee share within 15th day of the month of payment of wages.
xxxiv. The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly/ quarterly/ half yearly/ annual
return if any before the EPF and ESI authorities.
xxxv. All applicable taxes and duties other than mentioned in the contract document, shall be payable by the Service Provider and the Buyer shall not entertain any claims
whatsoever with respect to the same.
xxxvi. The Service Provider,at all times,will ensure that the services being provided under this Contract/Agreement are performed strictly in accordance with all applicable laws,
order, byelaws, regulations, notifications, guidelines, rules, standards, recommended practices etc. and no liability in this regard will be attached to the Buyer.
i. As per the Contract Labour Regulation and Abolition Act, 1970, the service provider/contractor shall be responsible for ensuring that wages are paid to the contract labour
on time. The principal employer/buyer shall ensure that the wages are paid on time to the contract labour by the service provider/contractor. In case the service
provider/contractor fails to pay the wages on time or makes short-payment, the principal employer/buyer shall be liable to pay the wages to the contract labour directly
and recover the amount from the service provider/contractor.
ii. The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the manpower or by the
Service Provider. The manpower as well as the Service Provider shall comply with the relevant rules and regulations applicable at present and as may be enforced from
time to time, for which the Buyer will not be liable or responsible in any manner. The onus of compliance to all the applicable laws/acts/rules etc.shall only rest with the
Service Provider. An indicative list of central labor laws is provided under Annexure 1.
iii. The cost of services quoted by the Service Provider shall cover all aspects of service delivery and include all the components of salary/ wages (minimum wage, insurance,
PF, ESI etc.) and taxes, as applicable.
iv. As per DoE OM No.F.6/1/2023-PPD dated 6th January 2023, the minimum service charges for Manpower Outsourcing Services has been fixed as 3.85%. The contracts
concluded through this service shall be in compliance with the above mentioned OM.
v. No advance payment shall be made to the Service Provider.
vi. Payment shall be made once the services are delivered, and the Service Provider submits the invoice for the same.
vii. The Buyer shall make the payment within prescribed timelines as per the payment process flow upon submission of invoice, logbook, and service feedback.
viii. Payment shall be made only after submission of invoices, attendance sheet, logbook, service feedback, documentary proofs for PF/ESI/EDLI etc. payments. Non-
submission of the same may lead to delay/ deduction in payment.
ix. All the deductions (if applicable) shall be settled before making the payments. Service Provider shall not have any objection on the same.
x. Payment to the manpower resources by the service provider shall be made through bank transfer only, in no circumstance cash payment shall be made.
xi. In case of any changes in the minimum wages or any statutory wage component as per the Applicable Laws during the Contract period, the Buyer shall pay the Service
Provider the differential amount in wage.It is clarified that such increase in the wages will not have any impact on the service charges. The total value of the service charge
to be paid by the buyer to service provider shall remain same as per the original contract value.
xii. Service provider will submit the invoice & upload the supporting documents such as attendance sheet, logbook etc. on GeM portal
xiii. Buyer will review the documents provided by service provider & may either accept or reject based on actual performance. If required, buyer may impose any non-delivery
deductions, SLA deductions, over & above the invoice submitted by service provider.
5 Deductions
Deductions
S.
Description
No.
1st Instance 2nd Instance 3rd Instance
6 Payment Terms
i. The Payment procedure as specified in the General Terms and Conditions (GTC) of GeM will be applicable.
ii. Payment schedule to be as per payment terms specified in bid document/ATC by the buyer.
7 Undertaking
The service provider/contractor shall not make any unauthorized deductions from the wages of the contract labour and provide below undertaking:
"The Service Provider hereby undertakes not to charge any money/fees/ deductions in whatever manner, name or form, or take any monetary/non-monetary considerations, or
make any unlawful deductions from the compensation/salary of the manpower/employees/resources engaged by it and, to be deployed at the Buyer’s site. The Service Provider
further agrees that it will not indulge in any unethical practices and acknowledges that any non-compliance of the aforesaid undertaking will be treated as a material breach of the
Contract, in which case the Buyer and GeM shall have the right to take appropriate independent actions including termination of the Contract and actions as per GeM Incident
Management Policy."
8 Formula Used
“d” = “bp” + “esi” + “pf” + “edli” + “bonus” + “admin” + “nm1” + “nm2” + “nm3”
Where,
“bp” = Basic dailywage (INR) exclusive of GST
“pf” = Provident Fund (INR Daily)
“edli” = EDLI (INR Daily)
“esi” = ESI (INR Daily)
“bonus” = Bonus (INR Daily)
“admin” = EPF Admin Charge (INR Daily)
“nm1” = Optional Allowance 1 (INR Daily)
“nm2” = Optional Allowance 2 (INR Daily)
“nm3” = Optional Allowance 3 (INR Daily)
“m” = Cumulative Cost (INR Daily)
8.2 Total: -
Annexure - 1
NA
1.1 This contract is governed by the General Terms and Conditions , conditions stipulated to this Product/Service as provided in the Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance with the General Terms and
Conditions (GTC) unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC) and/ or BID/Reverse Auction Additional Terms and Conditions
(ATC), as applicable
.सं.|S.No परे षती नाम & पता|Consignee Name & Address सेवा ववरण|Service Description
संपक|Contact : 011-23701311-
ईमेल आईडी|Email ID : aro-sclc@up.gov.in
जीएसट आईएन|GSTIN : -
1 Manpower Outsourcing Services - Minimum wage - Skilled; Others; Driver - LMV
पता|Address : 4th Floor-Tej Building, 8-B,
Bahadurshah Zafar Marg, Delhi,
CENTRAL DELHI, DELHI-110002, India
* जसके नाम के प म GST/TAX इनवॉइस पेश कया जाएगा|GST / Tax invoice to be raised in the name of - Buyer
सेवा ारंभ दनांक (नवीनतम) |Service Start Date (latest by): 01-Feb-2024 सेवा समा त त थ|Service End Date : 31-Jan-2025
Not
Specialization
Required
Not
Post Graduation
Required
Not
Specialization for PG
Applicable
Experience 0 to 3 Years
Remuneration per resource per hour for Overtime Hours (Including all applicable allowance etc
0
& excluding GST)
1 Agreement Overview
This is a Service Level Agreement (“SLA” or “Agreement”) between the Buyer and Manpower HiringAgency/Service Provider. The purpose of this Agreement is to facilitate
implementation of Manpower Hiring Service at the Buyer’s premises, or any other premises approved by the Buyer. This Agreement outlines the scope of work, Buyer’s
obligations, special terms and conditions related to service delivery and payment of services. The Agreement remains valid till completion of scope of services or end of
contractual duration (whichever is earlier) unless mutually extended by both the parties.
The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:
I. General terms and conditions for Services;( “GTC”)
II. Service Specific Standard Terms and Conditions (“STC”) of the Services contracts shall include the service level agreement (SLA) for the service.
III. BID/ Reverse Auction specific Additional Terms & Conditions (ATC) as specified by the buyer.
The above terms and conditions are in reverse order of precedence i.e., ATC shall supersede Service specific STC which shall supersede GTC, whenever there are any conflicting
provisions. The above set of terms and conditions along with the scope of work and SLA as enumerated in this document shall be construed to be part of the Contract/Agreement
between the Buyer and Service Provider.
2 Objectives and Goals
The objective of this Agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to Buyer by Service Provider. The goals
of this agreement are to:
I. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
II. Present a clear, concise, and measurable description of services offered to the Buyer
III. Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified
IV. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons
ThisAgreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same.
i. The Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner desired
by the Buyer. Any mismatch in demand and supply of the manpower such as number of employees, educational qualification, sectoral/ desired work experience etc. may
lead to deductions and/or replacement of the resource with the matching skillset based on the approval from buyer.
ii. The service provider/contractor shall be responsible for paying wages to contract labour at rates not less than the minimum wages as notified by the Appropriate
Government.
iii. The service provider/contractor shall be responsible for paying bonus to contract labour in the manner prescribed by the Payment of Bonus Act, 1965 & shall get
reimbursed from the buyer.
iv. The service provider/contractor shall be responsible for paying proportionate gratuity to contract labour who have rendered continuous service as per the provisions of the
Payment of Gratuity Act, 1972
v. Service Provider shall adhere to the timeline given by Buyer for providing the required manpower on Buyer’s premise/ designated premise.
vi. The Service Provider shall not assign its rights or obligations under this Contract, in whole or in part, nor enter any subcontract to perform any portion of this Contract,
without the written consent of the Buyer. The Service Provider shall be responsible and liable to deliver the services as per the contract.
vii. The Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
viii. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The biodata/ resume, qualification and
experience of the said manpower should be verified/certified by the Service Provider. In case any of such document is found to be false at any stage, it would be deemed
to be a breach of terms of contract making the Service Provider liable for legal action.
ix. The Service Provider shall be responsible for police verification, character, and antecedents’ verification of the manpower. The same may be verified by the Buyer at the
time of joining of the manpower, if he/she so desires.
x. The manpower provided by the Service Provider shall not be deemed employees of the Buyer department hence the compliance of the applicable acts/ laws will be the sole
responsibility of the Service Provider.
xi. The Service Provider shall furnish the following documents in respect of the manpower deployed by them to Buyer's premise/ designated premise in the given time limit:
a. List of persons deployed (monthly)
b. Biodata/ resume with antecedents’ details (at the time of deployment)
c. Copy of Aadhaar Card of the candidates (at the time of deployment)
d. Identity Cards issued by Service Provider bearing photograph (within 8 days of joining)
e. Identity proof and residential proof (at the time of deployment)
f. Copy of police verification certificate (at the time of deployment)
g. Copy of birth certificate, if required (at the time of deployment - for domicile purpose)
h. Details of PF Account Number of resources
xii. The Service Provider shall nominate a coordinator/ Single Point of Contact (SPOC) who shall be responsible for regular interaction with the Buyer Department so that
optimal services of the persons deployed could be availed without any disruption.
xiii. The attendance of the manpower shall be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer's
premises.
xiv. All selected manpower shall wear Identity Card provided by the Service Provider every day during working hours.
xv. The Service Provider shall issue the letter of deployment to every deployed manpower and a copy of same shall be submitted to Buyer.
xvi. In an event of deployed manpower availing leave, and if required by Buyer, suitable substitute(s) shall be provided by Service Provider as per mutual understanding with
Buyer. Service Provider shall communicate the same to buyer in advance.
xvii. In case of any resource permanently leaving the organization or taking leave for a longer duration, service provider shall communicate the same to buyer at least 1 month
prior to the last working day of a resources. Suitable substitute(s) shall be provided by Service Provider as per mutual understanding with buyer.
xviii. The Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.
xix. The Service Provider shall ensure that all the relevant licenses/ registrations/ permissions which may be required for providing the services under this Agreement are valid
during the entire period of the Agreement; failing which the Buyer can take appropriate action including imposition of deductions and termination of contract. The
documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
xx. In case of continuous work (24 hours or more than 26 days in a month), Service Provider shall be responsible to change the shifts and manpower in compliance with the
labor laws.
xxi. The persons deployed by the Service Provider shall not claim nor shall be entitled to pay, perks and other facilities admissible to regular/ confirmed employees during the
currency or after expiry of the Agreement.
xxii. No medical facilities or reimbursement or any sort of medical claims thereof in respect of employees provided by the Service Provider will be entertained by the Buyer.
xxiii. The persons deployed shall treat as confidential all data and information received from the Buyer and obtained in the execution of its responsibilities under this Contract/
Agreement, in strict confidence and will not reveal such information to any other party including the Service Provider without the prior written approval of the Buyer. In
view of this, the persons deployed shall be required to sign a non-disclosure agreement and breach of the same shall make the Service Provider as well as the person
deployed liable for penal action under the applicable laws besides, action for breach of contract and termination of contract.
xxiv. For all intents and purposes, the Service Provider shall be the “Employer’’ within the meaning of different Rules & Acts in respect of manpower so deployed. The persons
deployed by the Service Provider shall not have any claim whatsoever like employer and employee relationship against the Buyer.
xxv. No deployed manpower shall be allowed to stay in the Buyer’s premise/ designated premise unnecessarily after working hours without Buyer’s permission.
xxvi. Any damages/ losses caused by deployed manpower shall be borne by the Service Provider. The Buyer Department shall not be responsible for any financial loss or any
injury to any person deployed by the Service Provider during their performing the functions/duties, or for payment towards any compensation.
xxvii. The Service Provider shall be solely responsible for the redressal of grievances/ resolution of disputes relating to persons deployed. The Buyer shall, in no way be
responsible for settlement of such issues whatsoever.
xxviii. The Service Provider shall be responsible for timely payment of take-home remuneration to the manpower and deposit of EPF and ESI (both employee and employer
share), failing which deductions shall be made by buyer.
xxix. The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the Buyer Department or any other authority under
Law.
xxx. The Service Provider shall ensure regular payment to the deployed manpower to their entitlements like monthly salaries/ wages etc. and submit the documentary proof of
the salary paid as per the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of disbursement of wages of
previous month.
xxxi. The wages of every person deployedupon or in any establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the
seventh day after the last day wage-period in respect of which the wages are payable. In any other establishment, wages of every person employed shall be paid before
expiry of tenth day after last day wage-period. Payment of salary/ wages to the employees shall be made in their bank accounts only, no cash or kind payment shall be
made.
xxxii. The Service Provider shall furnish statement of amount paid for the month to the manpower deployed along with Transaction Details and Bank account from which the
payment has been made. Service Provider shall furnish copy of bank statement in support of amount paid as and when required by Buyer.
xxxiii. The Service Provider shall also deposit EPF and ESI of both employer and employee share within 15th day of the month of payment of wages.
xxxiv. The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly/ quarterly/ half yearly/ annual
return if any before the EPF and ESI authorities.
xxxv. All applicable taxes and duties other than mentioned in the contract document, shall be payable by the Service Provider and the Buyer shall not entertain any claims
whatsoever with respect to the same.
xxxvi. The Service Provider,at all times,will ensure that the services being provided under this Contract/Agreement are performed strictly in accordance with all applicable laws,
order, byelaws, regulations, notifications, guidelines, rules, standards, recommended practices etc. and no liability in this regard will be attached to the Buyer.
i. As per the Contract Labour Regulation and Abolition Act, 1970, the service provider/contractor shall be responsible for ensuring that wages are paid to the contract labour
on time. The principal employer/buyer shall ensure that the wages are paid on time to the contract labour by the service provider/contractor. In case the service
provider/contractor fails to pay the wages on time or makes short-payment, the principal employer/buyer shall be liable to pay the wages to the contract labour directly
and recover the amount from the service provider/contractor.
ii. The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the manpower or by the
Service Provider. The manpower as well as the Service Provider shall comply with the relevant rules and regulations applicable at present and as may be enforced from
time to time, for which the Buyer will not be liable or responsible in any manner. The onus of compliance to all the applicable laws/acts/rules etc.shall only rest with the
Service Provider. An indicative list of central labor laws is provided under Annexure 1.
iii. The cost of services quoted by the Service Provider shall cover all aspects of service delivery and include all the components of salary/ wages (minimum wage, insurance,
PF, ESI etc.) and taxes, as applicable.
iv. As per DoE OM No.F.6/1/2023-PPD dated 6th January 2023, the minimum service charges for Manpower Outsourcing Services has been fixed as 3.85%. The contracts
concluded through this service shall be in compliance with the above mentioned OM.
v. No advance payment shall be made to the Service Provider.
vi. Payment shall be made once the services are delivered, and the Service Provider submits the invoice for the same.
vii. The Buyer shall make the payment within prescribed timelines as per the payment process flow upon submission of invoice, logbook, and service feedback.
viii. Payment shall be made only after submission of invoices, attendance sheet, logbook, service feedback, documentary proofs for PF/ESI/EDLI etc. payments. Non-
submission of the same may lead to delay/ deduction in payment.
ix. All the deductions (if applicable) shall be settled before making the payments. Service Provider shall not have any objection on the same.
x. Payment to the manpower resources by the service provider shall be made through bank transfer only, in no circumstance cash payment shall be made.
xi. In case of any changes in the minimum wages or any statutory wage component as per the Applicable Laws during the Contract period, the Buyer shall pay the Service
Provider the differential amount in wage.It is clarified that such increase in the wages will not have any impact on the service charges. The total value of the service charge
to be paid by the buyer to service provider shall remain same as per the original contract value.
xii. Service provider will submit the invoice & upload the supporting documents such as attendance sheet, logbook etc. on GeM portal
xiii. Buyer will review the documents provided by service provider & may either accept or reject based on actual performance. If required, buyer may impose any non-delivery
deductions, SLA deductions, over & above the invoice submitted by service provider.
5 Deductions
Deductions
S.
Description
No.
1st Instance 2nd Instance 3rd Instance
6 Payment Terms
i. The Payment procedure as specified in the General Terms and Conditions (GTC) of GeM will be applicable.
ii. Payment schedule to be as per payment terms specified in bid document/ATC by the buyer.
7 Undertaking
The service provider/contractor shall not make any unauthorized deductions from the wages of the contract labour and provide below undertaking:
"The Service Provider hereby undertakes not to charge any money/fees/ deductions in whatever manner, name or form, or take any monetary/non-monetary considerations, or
make any unlawful deductions from the compensation/salary of the manpower/employees/resources engaged by it and, to be deployed at the Buyer’s site. The Service Provider
further agrees that it will not indulge in any unethical practices and acknowledges that any non-compliance of the aforesaid undertaking will be treated as a material breach of the
Contract, in which case the Buyer and GeM shall have the right to take appropriate independent actions including termination of the Contract and actions as per GeM Incident
Management Policy."
8 Formula Used
“d” = “bp” + “esi” + “pf” + “edli” + “bonus” + “admin” + “nm1” + “nm2” + “nm3” + "oth" * "otr"
Where,
“bp” = Basic dailywage (INR) exclusive of GST
“pf” = Provident Fund (INR Daily)
“edli” = EDLI (INR Daily)
“esi” = ESI (INR Daily)
“bonus” = Bonus (INR Daily)
“admin” = EPF Admin Charge (INR Daily)
“nm1” = Optional Allowance 1 (INR Daily)
“nm2” = Optional Allowance 2 (INR Daily)
“nm3” = Optional Allowance 3 (INR Daily)
“m” = Cumulative Cost (INR Daily)
"otr" = Remuneration per resource per hour for Overtime Hours (Incl. all applicable allowance etc. & excluding GST)
8.2 Total: -
Annexure - 1
NA
1.1 This contract is governed by the General Terms and Conditions , conditions stipulated to this Product/Service as provided in the Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance with the General Terms and
Conditions (GTC) unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC) and/ or BID/Reverse Auction Additional Terms and Conditions
(ATC), as applicable
Financial Approval Detail| व ीय वीकृ त ववरण Paying Authority Details|भुगतान ा धकरण ववरण
IFD Concurrence|आईएफडी सहम त : No Role: PAO
Designation of Administrative Approval| Payment Mode|
Principal Judge Family Court Bareilly Offline
शास नक अनुमोदन का पदनाम: भुगतान का तरीका:
Designation of Financial Approval| Designation|पद : Munsarim
Principal Judge Family Court Bareilly
व ीय अनुमोदन का पदनाम : Email ID|ईमेल आईडी : ddo4.ldup.up@gembuyer.in
GSTIN|जीएसट आईएन : -
District Court Bareilly,
Address|पता:
Bareilly, UTTAR PRADESH-243001, India
S.No| .सं. Consignee Name & Address|परे षती नाम & पता Service Description|सेवा ववरण
Contact|संपक : 0581-2970185-
Email ID|ईमेल आईडी :
buycon36.ldup.up@gembuyer.in
1 Manpower Outsourcing Services - Minimum wage - Skilled; Others; Driver - LMV
GSTIN|जीएसट आईएन : -
Address|पता : District Court Bareilly,
BAREILLY, UTTAR PRADESH-243001, India
*GST / Tax invoice to be raised in the name of| जसके नाम के प म GST/TAX इनवॉइस पेश कया जाएगा - Buyer
Service Start Date (latest by)|सेवा ारंभ दनांक (नवीनतम) : 10-Jan-2024 Service End Date|सेवा समा त त थ : 31-Mar-2024
Secondary
Educational Qualification
School
Experience 0 to 3 Years
Remuneration per resource per hour for Overtime Hours (Including all applicable allowance
0
etc & excluding GST)
Amount of Contract|अनुबंध क रा श
Total Contract Value Including All Duties and Taxes|सभी शु क और कर स हत कुल अनुबंध मू य (INR) 48344.48
1 Agreement Overview
This is a Service Level Agreement (“SLA” or “Agreement”) between the Buyer and Manpower HiringAgency/Service Provider. The purpose of this Agreement is to facilitate
implementation of Manpower Hiring Service at the Buyer’s premises, or any other premises approved by the Buyer. This Agreement outlines the scope of work, Buyer’s
obligations, special terms and conditions related to service delivery and payment of services. The Agreement remains valid till completion of scope of services or end of
contractual duration (whichever is earlier) unless mutually extended by both the parties.
The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:
I. General terms and conditions for Services;( “GTC”)
II. Service Specific Standard Terms and Conditions (“STC”) of the Services contracts shall include the service level agreement (SLA) for the service.
III. BID/ Reverse Auction specific Additional Terms & Conditions (ATC) as specified by the buyer.
The above terms and conditions are in reverse order of precedence i.e., ATC shall supersede Service specific STC which shall supersede GTC, whenever there are any conflicting
provisions. The above set of terms and conditions along with the scope of work and SLA as enumerated in this document shall be construed to be part of the Contract/Agreement
between the Buyer and Service Provider.
2 Objectives and Goals
The objective of this Agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to Buyer by Service Provider. The goals
of this agreement are to:
I. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
II. Present a clear, concise, and measurable description of services offered to the Buyer
III. Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified
IV. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons
ThisAgreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same.
i. The Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner desired
by the Buyer. Any mismatch in demand and supply of the manpower such as number of employees, educational qualification, sectoral/ desired work experience etc. may
lead to deductions and/or replacement of the resource with the matching skillset based on the approval from buyer.
ii. The service provider/contractor shall be responsible for paying wages to contract labour at rates not less than the minimum wages as notified by the Appropriate
Government.
iii. The service provider/contractor shall be responsible for paying bonus to contract labour in the manner prescribed by the Payment of Bonus Act, 1965 & shall get
reimbursed from the buyer.
iv. The service provider/contractor shall be responsible for paying proportionate gratuity to contract labour who have rendered continuous service as per the provisions of the
Payment of Gratuity Act, 1972
v. Service Provider shall adhere to the timeline given by Buyer for providing the required manpower on Buyer’s premise/ designated premise.
vi. The Service Provider shall not assign its rights or obligations under this Contract, in whole or in part, nor enter any subcontract to perform any portion of this Contract,
without the written consent of the Buyer. The Service Provider shall be responsible and liable to deliver the services as per the contract.
vii. The Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
viii. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The biodata/ resume, qualification and
experience of the said manpower should be verified/certified by the Service Provider. In case any of such document is found to be false at any stage, it would be deemed
to be a breach of terms of contract making the Service Provider liable for legal action.
ix. The Service Provider shall be responsible for police verification, character, and antecedents’ verification of the manpower. The same may be verified by the Buyer at the
time of joining of the manpower, if he/she so desires.
x. The manpower provided by the Service Provider shall not be deemed employees of the Buyer department hence the compliance of the applicable acts/ laws will be the sole
responsibility of the Service Provider.
xi. The Service Provider shall furnish the following documents in respect of the manpower deployed by them to Buyer's premise/ designated premise in the given time limit:
a. List of persons deployed (monthly)
b. Biodata/ resume with antecedents’ details (at the time of deployment)
c. Copy of Aadhaar Card of the candidates (at the time of deployment)
d. Identity Cards issued by Service Provider bearing photograph (within 8 days of joining)
e. Identity proof and residential proof (at the time of deployment)
f. Copy of police verification certificate (at the time of deployment)
g. Copy of birth certificate, if required (at the time of deployment - for domicile purpose)
h. Details of PF Account Number of resources
xii. The Service Provider shall nominate a coordinator/ Single Point of Contact (SPOC) who shall be responsible for regular interaction with the Buyer Department so that
optimal services of the persons deployed could be availed without any disruption.
xiii. The attendance of the manpower shall be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer's
premises.
xiv. All selected manpower shall wear Identity Card provided by the Service Provider every day during working hours.
xv. The Service Provider shall issue the letter of deployment to every deployed manpower and a copy of same shall be submitted to Buyer.
xvi. In an event of deployed manpower availing leave, and if required by Buyer, suitable substitute(s) shall be provided by Service Provider as per mutual understanding with
Buyer. Service Provider shall communicate the same to buyer in advance.
xvii. In case of any resource permanently leaving the organization or taking leave for a longer duration, service provider shall communicate the same to buyer at least 1 month
prior to the last working day of a resources. Suitable substitute(s) shall be provided by Service Provider as per mutual understanding with buyer.
xviii. The Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.
xix. The Service Provider shall ensure that all the relevant licenses/ registrations/ permissions which may be required for providing the services under this Agreement are valid
during the entire period of the Agreement; failing which the Buyer can take appropriate action including imposition of deductions and termination of contract. The
documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
xx. In case of continuous work (24 hours or more than 26 days in a month), Service Provider shall be responsible to change the shifts and manpower in compliance with the
labor laws.
xxi. The persons deployed by the Service Provider shall not claim nor shall be entitled to pay, perks and other facilities admissible to regular/ confirmed employees during the
currency or after expiry of the Agreement.
xxii. No medical facilities or reimbursement or any sort of medical claims thereof in respect of employees provided by the Service Provider will be entertained by the Buyer.
xxiii. The persons deployed shall treat as confidential all data and information received from the Buyer and obtained in the execution of its responsibilities under this Contract/
Agreement, in strict confidence and will not reveal such information to any other party including the Service Provider without the prior written approval of the Buyer. In
view of this, the persons deployed shall be required to sign a non-disclosure agreement and breach of the same shall make the Service Provider as well as the person
deployed liable for penal action under the applicable laws besides, action for breach of contract and termination of contract.
xxiv. For all intents and purposes, the Service Provider shall be the “Employer’’ within the meaning of different Rules & Acts in respect of manpower so deployed. The persons
deployed by the Service Provider shall not have any claim whatsoever like employer and employee relationship against the Buyer.
xxv. No deployed manpower shall be allowed to stay in the Buyer’s premise/ designated premise unnecessarily after working hours without Buyer’s permission.
xxvi. Any damages/ losses caused by deployed manpower shall be borne by the Service Provider. The Buyer Department shall not be responsible for any financial loss or any
injury to any person deployed by the Service Provider during their performing the functions/duties, or for payment towards any compensation.
xxvii. The Service Provider shall be solely responsible for the redressal of grievances/ resolution of disputes relating to persons deployed. The Buyer shall, in no way be
responsible for settlement of such issues whatsoever.
xxviii. The Service Provider shall be responsible for timely payment of take-home remuneration to the manpower and deposit of EPF and ESI (both employee and employer
share), failing which deductions shall be made by buyer.
xxix. The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the Buyer Department or any other authority under
Law.
xxx. The Service Provider shall ensure regular payment to the deployed manpower to their entitlements like monthly salaries/ wages etc. and submit the documentary proof of
the salary paid as per the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of disbursement of wages of
previous month.
xxxi. The wages of every person deployedupon or in any establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the
seventh day after the last day wage-period in respect of which the wages are payable. In any other establishment, wages of every person employed shall be paid before
expiry of tenth day after last day wage-period. Payment of salary/ wages to the employees shall be made in their bank accounts only, no cash or kind payment shall be
made.
xxxii. The Service Provider shall furnish statement of amount paid for the month to the manpower deployed along with Transaction Details and Bank account from which the
payment has been made. Service Provider shall furnish copy of bank statement in support of amount paid as and when required by Buyer.
xxxiii. The Service Provider shall also deposit EPF and ESI of both employer and employee share within 15th day of the month of payment of wages.
xxxiv. The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly/ quarterly/ half yearly/ annual
return if any before the EPF and ESI authorities.
xxxv. All applicable taxes and duties other than mentioned in the contract document, shall be payable by the Service Provider and the Buyer shall not entertain any claims
whatsoever with respect to the same.
xxxvi. The Service Provider,at all times,will ensure that the services being provided under this Contract/Agreement are performed strictly in accordance with all applicable laws,
order, byelaws, regulations, notifications, guidelines, rules, standards, recommended practices etc. and no liability in this regard will be attached to the Buyer.
i. As per the Contract Labour Regulation and Abolition Act, 1970, the service provider/contractor shall be responsible for ensuring that wages are paid to the contract labour
on time. The principal employer/buyer shall ensure that the wages are paid on time to the contract labour by the service provider/contractor. In case the service
provider/contractor fails to pay the wages on time or makes short-payment, the principal employer/buyer shall be liable to pay the wages to the contract labour directly
and recover the amount from the service provider/contractor.
ii. The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the manpower or by the
Service Provider. The manpower as well as the Service Provider shall comply with the relevant rules and regulations applicable at present and as may be enforced from
time to time, for which the Buyer will not be liable or responsible in any manner. The onus of compliance to all the applicable laws/acts/rules etc.shall only rest with the
Service Provider. An indicative list of central labor laws is provided under Annexure 1.
iii. The cost of services quoted by the Service Provider shall cover all aspects of service delivery and include all the components of salary/ wages (minimum wage, insurance,
PF, ESI etc.) and taxes, as applicable.
iv. As per DoE OM No.F.6/1/2023-PPD dated 6th January 2023, the minimum service charges for Manpower Outsourcing Services has been fixed as 3.85%. The contracts
concluded through this service shall be in compliance with the above mentioned OM.
v. No advance payment shall be made to the Service Provider.
vi. Payment shall be made once the services are delivered, and the Service Provider submits the invoice for the same.
vii. The Buyer shall make the payment within prescribed timelines as per the payment process flow upon submission of invoice, logbook, and service feedback.
viii. Payment shall be made only after submission of invoices, attendance sheet, logbook, service feedback, documentary proofs for PF/ESI/EDLI etc. payments. Non-
submission of the same may lead to delay/ deduction in payment.
ix. All the deductions (if applicable) shall be settled before making the payments. Service Provider shall not have any objection on the same.
x. Payment to the manpower resources by the service provider shall be made through bank transfer only, in no circumstance cash payment shall be made.
xi. In case of any changes in the minimum wages or any statutory wage component as per the Applicable Laws during the Contract period, the Buyer shall pay the Service
Provider the differential amount in wage.It is clarified that such increase in the wages will not have any impact on the service charges. The total value of the service charge
to be paid by the buyer to service provider shall remain same as per the original contract value.
xii. Service provider will submit the invoice & upload the supporting documents such as attendance sheet, logbook etc. on GeM portal
xiii. Buyer will review the documents provided by service provider & may either accept or reject based on actual performance. If required, buyer may impose any non-delivery
deductions, SLA deductions, over & above the invoice submitted by service provider.
5 Deductions
Deductions
S.
Description
No.
1st Instance 2nd Instance 3rd Instance
6 Payment Terms
i. The Payment procedure as specified in the General Terms and Conditions (GTC) of GeM will be applicable.
ii. Payment schedule to be as per payment terms specified in bid document/ATC by the buyer.
7 Undertaking
The service provider/contractor shall not make any unauthorized deductions from the wages of the contract labour and provide below undertaking:
"The Service Provider hereby undertakes not to charge any money/fees/ deductions in whatever manner, name or form, or take any monetary/non-monetary considerations, or
make any unlawful deductions from the compensation/salary of the manpower/employees/resources engaged by it and, to be deployed at the Buyer’s site. The Service Provider
further agrees that it will not indulge in any unethical practices and acknowledges that any non-compliance of the aforesaid undertaking will be treated as a material breach of the
Contract, in which case the Buyer and GeM shall have the right to take appropriate independent actions including termination of the Contract and actions as per GeM Incident
Management Policy."
8 Formula Used
“d” = “bp” + “esi” + “pf” + “edli” + “bonus” + “admin” + “nm1” + “nm2” + “nm3” + "oth" * "otr"
Where,
“bp” = Basic dailywage (INR) exclusive of GST
“pf” = Provident Fund (INR Daily)
“edli” = EDLI (INR Daily)
“esi” = ESI (INR Daily)
“bonus” = Bonus (INR Daily)
“admin” = EPF Admin Charge (INR Daily)
“nm1” = Optional Allowance 1 (INR Daily)
“nm2” = Optional Allowance 2 (INR Daily)
“nm3” = Optional Allowance 3 (INR Daily)
“m” = Cumulative Cost (INR Daily)
"otr" = Remuneration per resource per hour for Overtime Hours (Incl. all applicable allowance etc. & excluding GST)
8.2 Total: -
Annexure - 1
NA
1.1 This contract is governed by the General Terms and Conditions , conditions stipulated to this Product/Service as provided in the Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance with the General Terms and
Conditions (GTC) unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC) and/ or BID/Reverse Auction Additional Terms and Conditions
(ATC), as applicable
Financial Approval Detail| व ीय वीकृ त ववरण Paying Authority Details|भुगतान ा धकरण ववरण
IFD Concurrence|आईएफडी सहम त : No Role: BUYER
Designation of Administrative Approval| Payment Mode|
PRINCIPAL Offline
शास नक अनुमोदन का पदनाम: भुगतान का तरीका:
Designation of Financial Approval| Designation|पद : Junior Assistant Kashmir Forest Training School
PRINCIPAL
व ीय अनुमोदन का पदनाम : Email ID|ईमेल आईडी : buycon12.mefcc.jk@gembuyer.in
GSTIN|जीएसट आईएन : 01AMRP13682E1DV
Chitternar, Bandipora,
Address|पता:
Baramulla, JAMMU & KASHMIR-193502, India
S.No| .सं. Consignee Name & Address|परे षती नाम & पता Service Description|सेवा ववरण
Contact|संपक : 194-2222222-
Email ID|ईमेल आईडी :
buycon12.mefcc.jk@gembuyer.in
1 Manpower Outsourcing Services - Man-days based - Others; Semi-skilled; Painter
GSTIN|जीएसट आईएन : -
Address|पता : Chitternar, Bandipora,
BANDIPUR, JAMMU & KASHMIR-193502, India
*GST / Tax invoice to be raised in the name of| जसके नाम के प म GST/TAX इनवॉइस पेश कया जाएगा - Consignee
Service Start Date (latest by)|सेवा ारंभ दनांक (नवीनतम) : 18-Dec-2023 Service End Date|सेवा समा त त थ : 22-Dec-2023
Semi-
Skill Category
skilled
0 to 3
Experience of Resource 26 3.85
Years
Charges per man-day (Inclusive of Wages, EPF, ESIC, EDLI, Bonus, etc)
800
exclusive of GST
Amount of Contract|अनुबंध क रा श
Total Contract Value Including All Duties and Taxes|सभी शु क और कर स हत कुल अनुबंध मू य (INR) 25344.8
1. Agreement Overview
This is a Service Level Agreement (“SLA” or “Agreement”) between the Buyer and Manpower HiringAgency/Service Provider. The purpose of this Agreement is to facilitate
implementation of Manpower Hiring Service at the Buyer’s premises, or any other premises approved by the Buyer. This Agreement outlines the scope of work, Buyer’s
obligations, special terms and conditions related to service delivery and payment of services. The Agreement remains valid till completion of scope of services or end of
contractual duration (whichever is earlier) unless mutually extended by both the parties.
The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:
II. Service Specific Standard Terms and Conditions (“STC”) of the Services contracts shall include the service level agreement (SLA) for the service.
III. BID/ Reverse Auction specific Additional Terms & Conditions (ATC) as specified by the buyer.
The above terms and conditions are in reverse order of precedence i.e., ATC shall supersede Service specific STC which shall supersede GTC, whenever there are any conflicting
provisions. The above set of terms and conditions along with the scope of work and SLA as enumerated in this document shall be construed to be part of the Contract/Agreement
between the Buyer and Service Provider.
The objective of this Agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to Buyer by Service Provider. The goals
of this agreement are to:
I. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
II. Present a clear, concise, and measurable description of services offered to the Buyer
III. Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified
IV. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons
ThisAgreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same.
1. Buyer: Buyer is responsible to provide clear instructions, approvals and timely payments for the services availe
2. ServiceProvider: Service provider is responsible to provide all the required services in timely manner. Service provider may also include seller, any authorized agents,
permitted assignees, successors and nominees as described in the agreement
The responsibilities and obligations of the stakeholders have been outlined in this document. The document also encompasses service level/ deductions in case of non-adherence
to the defined terms and conditions.
i. The Buyer shall provide workspace (seating area, work desk, furniture etc.) for the manpower hired through Service Provider, the Buyer shall also arrange necessary gate/
entry pass to Buyer's premise/ designated premise for the manpower.
ii. Working shifts (includes day and night shift) if any, and daily working hours shall be mutually agreed upon between Buyer and Service Provider and should follow all the
labor laws.
iii. The Buyer shall directly or in consultation with the Service Provider provide the necessary training to the manpower for Buyer specific tools, applications, and machinery
etc., if required.
iv. The Buyer shall provide, free of charge unimpeded access to all the infrastructure which is required to perform the Services. It may include use of stationery, printer,
electricity, internet, Buyer specific servers, data drives, tools, and software etc. However, use of such infrastructure shall be limited for official purpose only.
v. The Buyer shall make necessary arrangements for use of basic facilities like water pots/ machines, cafeteria, washrooms etc. for manpower working at Buyer's premise/
designated premise.
vi. TA/ DA shall be payable directly by the Buyer, in case of travel included in the scope of work, on production of travel documents in original and approval of appropriate
authority of the Buyer for undertaking such travel for the project/assignment.
vii. The Buyer shall have the right, within reason, to have any personnel removed who is undesirable with proper reasoning& justification.
viii. The Buyer will have option to replace the proposed manpower in case of non-performance, non-delivery or in any other exceptional case, however replacement of the
manpower will be in same category with same degree of skills, educational qualification, and number of years of experience, also prior approval for the same to be
provided by the Buyer.
ix. In case if the Buyer has selected the option in the bid for retention of existing resource/resources of previous service provider, then service provider shall retain those
resources. In such cases, the Buyer shall be responsible for ensuring the qualification eligibility of those resources as per the contract requirement.
i. The service provider/contractor shall be responsible for paying wages to contract labour at rates not less than the minimum wages as notified by the Appropriate
Government.
ii. The service provider/contractor shall be responsible for paying bonus to contract labour in the manner prescribed by the Payment of Bonus Act, 1965 & shall get
reimbursed from the buyer.
iii. The service provider/contractor shall be responsible for paying proportionate gratuity to contract labour who have rendered continuous service as per the provisions of the
Payment of Gratuity Act, 1972
iv. The Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner desired
by the Buyer. Any mismatch in demand and supply of the manpower such as number of employees, educational qualification, sectoral/ desired work experience etc. may
lead to deductions and/or replacement of the resource with the matching skillset based on the approval from buyer.
v. Service Provider shall adhere to the timeline given by Buyer for providing the required manpower on Buyer’s premise/ designated premise.
vi. The Service Provider shall not assign its rights or obligations under this Contract, in whole or in part, nor enter any subcontract to perform any portion of this Contract,
without the written consent of the Buyer. The Service Provider shall be responsible and liable to deliver the services as per the contract.
vii. The Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
viii. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The biodata/ resume, qualification and
experience of the said manpower should be verified/certified by the Service Provider. In case any of such document is found to be false at any stage, it would be deemed
to be a breach of terms of contract making the Service Provider liable for legal action.
ix. The Service Provider shall be responsible for police verification, character, and antecedents’ verification of the manpower. The same may be verified by the Buyer at the
time of joining of the manpower, if he/she so desires.
x. The manpower provided by the Service Provider shall not be deemed employees of the Buyer department hence the compliance of the applicable acts/ laws will be the sole
responsibility of the Service Provider.
xi. The Service Provider shall furnish the following documents in respect of the manpower deployed by them to Buyer's premise/ designated premise in the given time limit:
i. List of persons deployed (monthly)
ii. Biodata/ resume with antecedents’ details (at the time of deployment)
iii. Copy of Aadhaar Card of the candidates (at the time of deployment)
iv. Identity Cards issued by Service Provider bearing photograph (within 8 days of joining)
v. Identity proof and residential proof (at the time of deployment)
vi. Copy of police verification certificate (at the time of deployment)
vii. Copy of birth certificate, if required (at the time of deployment - for domicile purpose)
viii. Details of PF Account Number of resources
xii. The Service Provider shall nominate a coordinator/ Single Point of Contact (SPOC) who shall be responsible for regular interaction with the Buyer Department so that
optimal services of the persons deployed could be availed without any disruption.
xiii. The attendance of the manpower shall be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer's
premises.
xiv. All selected manpower shall wear Identity Card provided by the Service Provider every day during working hours.
xv. The Service Provider shall issue the letter of deployment to every deployed manpower and a copy of same shall be submitted to Buyer.
xvi. The Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.
xvii. The Service Provider shall ensure that all the relevant licenses/ registrations/ permissions which may be required for providing the services under this Agreement are valid
during the entire period of the Agreement; failing which the Buyer can take appropriate action including imposition of deductions and termination of contract. The
documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
xviii. In case of continuous work (24 hours or more than 26 days in a month), Service Provider shall be responsible to change the shifts and manpower in compliance with the
labor laws.
xix. The persons deployed by the Service Provider shall not claim nor shall be entitled to pay, perks and other facilities admissible to regular/ confirmed employees during the
currency or after expiry of the Agreement.
xx. No medical facilities or reimbursement or any sort of medical claims thereof in respect of employees provided by the Service Provider will be entertained by the Buyer.
xxi. The persons deployed shall treat as confidential all data and information received from the Buyer and obtained in the execution of its responsibilities under this Contract/
Agreement, in strict confidence and will not reveal such information to any other party including the Service Provider without the prior written approval of the Buyer. In
view of this, the persons deployed shall be required to sign a non-disclosure agreement and breach of the same shall make the Service Provider as well as the person
deployed liable for penal action under the applicable laws besides, action for breach of contract and termination of contract.
xxii. For all intents and purposes, the Service Provider shall be the “Employer’’ within the meaning of different Rules & Acts in respect of manpower so deployed. The persons
deployed by the Service Provider shall not have any claim whatsoever like employer and employee relationship against the Buyer.
xxiii. No deployed manpower shall be allowed to stay in the Buyer’s premise/ designated premise unnecessarily after working hours without Buyer’s permission.
xxiv. Any damages/ losses caused by deployed manpower shall be borne by the Service Provider. The Buyer Department shall not be responsible for any financial loss or any
injury to any person deployed by the Service Provider during their performing the functions/duties, or for payment towards any compensation.
xxv. The Service Provider shall be solely responsible for the redressal of grievances/ resolution of disputes relating to persons deployed. The Buyer shall, in no way be
responsible for settlement of such issues whatsoever.
xxvi. The Service Provider shall be responsible for timely payment of take-home remuneration to the manpower and deposit of EPF and ESI (both employee and employer
share), failing which deductions shall be made by buyer.
xxvii. The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the Buyer Department or any other authority under
Law.
xxviii. The Service Provider shall ensure regular payment to the deployed manpower to their entitlements like monthly salaries/ wages etc. and submit the documentary proof of
the salary paid as per the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of disbursement of wages of
previous month.
xxix. The wages of every person deployedupon or in any establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the
seventh day after the last day wage-period in respect of which the wages are payable. In any other establishment, wages of every person employed shall be paid before
expiry of tenth day after last day wage-period. Payment of salary/ wages to the employees shall be made in their bank accounts only, no cash or kind payment shall be
made.
xxx. The Service Provider shall furnish statement of amount paid for the month to the manpower deployed along with Transaction Details and Bank account from which the
payment has been made. Service Provider shall furnish copy of bank statement in support of amount paid as and when required by Buyer.
xxxi. The Service Provider shall also deposit EPF and ESI of both employer and employee share within 15th day of the month of payment of wages.
xxxii. The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly/ quarterly/ half yearly/ annual
return if any before the EPF and ESI authorities.
xxxiii. All applicable taxes and duties other than mentioned in the contract document, shall be payable by the Service Provider and the Buyer shall not entertain any claims
whatsoever with respect to the same.
xxxiv. The Service Provider,at all times,will ensure that the services being provided under this Contract/Agreement are performed strictly in accordance with all applicable laws,
order, byelaws, regulations, notifications, guidelines, rules, standards, recommended practices etc. and no liability in this regard will be attached to the Buyer.
i. As per the Contract Labour Regulation and Abolition Act, 1970, the service provider/contractor shall be responsible for ensuring that wages are paid to the contract labour
on time. The principal employer/buyer shall ensure that the wages are paid on time to the contract labour by the service provider/contractor. In case the service
provider/contractor fails to pay the wages on time or makes short-payment, the principal employer/buyer shall be liable to pay the wages to the contract labour directly
and recover the amount from the service provider/contractor.
ii. The requirement of resources shall be intimated by the buyer at the beginning of every month (or at the start of contract, in case if contract duration is less than 1 month).
In case of any variation in the requirement of number of resources,buyer shall intimate in advance to service provider.
iii. In case of deployment of resources in overtime (during national holidays or during work hours beyond the shift timings), buyer shall pay the overtime charges, as per
contract conditions.
iv. The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the manpower or by the
Service Provider. The manpower as well as the Service Provider shall comply with the relevant rules and regulations applicable at present and as may be enforced from
time to time, for which the Buyer will not be liable or responsible in any manner. The onus of compliance to all the applicable laws/acts/rules etc. shall only rest with the
Service Provider. An indicative list of central labor laws is provided under Annexure 1.
v. The cost of services quoted by the Service Provider shall cover all aspects of service delivery and include all the components of salary/ wages (minimum wage, insurance,
PF, ESI etc.) and taxes, as applicable.
vi. As per DoE OM No.F.6/1/2023-PPD dated 6th January 2023, the minimum service charges for Manpower Outsourcing Services has been fixed as 3.85%. The contracts
concluded through this service shall be in compliance with the above mentioned OM.
vii. No advance payment shall be made to the Service Provider.
viii. Payment shall be made once the services are delivered, and the Service Provider submits the invoice for the same.
ix. The Buyer shall make the payment within prescribed timelines as per the payment process flow upon submission of invoice, logbook, and service feedback.
x. Payment shall be made only after submission of invoices, attendance sheet, logbook, service feedback, documentary proofs for PF/ESI/EDLI etc. payments. Non-
submission of the same may lead to delay/ deduction in payment.
xi. All the deductions (if applicable) shall be settled before making the payments. Service Provider shall not have any objection on the same.
xii. Payment to the manpower resources by the service provider shall be made through bank transfer only, in no circumstance cash payment shall be made.
xiii. In case of any changes in the minimum wages or any statutory wage component as per the Applicable Laws during the Contract period, the Buyer shall pay the Service
Provider the differential amount in wage.It is clarified that such increase in the wages will not have any impact on the service charges. The total value of the service charge
to be paid by the buyer to service provider shall remain same as per the original contract value.
xiv. Service provider will submit the invoice & upload the supporting documents such as attendance sheet, logbook etc. on GeM portal
xv. Buyer will review the documents provided by service provider & may either accept or reject based on actual performance. If required, buyer may impose any non-delivery
deductions, SLA deductions, over & above the invoice submitted by service provider.
5 Deductions
Deductions
S.
Description
No.
1st Instance 2nd Instance 3rd Instance
If employee is found disclosing any Cancellation of the contract with forfeiture of PBG
confidential information/ document along with recovery of losses caused (if any) and
2 - -
to the Service Provider/ any third legal action against the Service Provider
parties depending on the gravity of the act
6 Payment Terms
1. The Payment procedure as specified in the General Terms and Conditions (GTC) of GeM will be applicable.
2. Payment schedule to be as per payment terms specified in bid document/ATC by the buyer.
7 Undertaking
The service provider/contractor shall not make any unauthorized deductions from the wages of the contract labour and provide below undertaking:
"The Service Provider hereby undertakes not to charge any money/fees/ deductions in whatever manner, name or form, or take any monetary/non-monetary considerations, or
make any unlawful deductions from the compensation/salary of the manpower/employees/resources engaged by it and, to be deployed at the Buyer’s site. The Service Provider
further agrees that it will not indulge in any unethical practices and acknowledges that any non-compliance of the aforesaid undertaking will be treated as a material breach of the
Contract, in which case the Buyer and GeM shall have the right to take appropriate independent actions including termination of the Contract and actions as per GeM Incident
Management Policy."
8 Formula Used
Where,
“c” = Charges per man-day (inclusive of wages, EPF, ESIC, EDLI, Bonus etc.)
“oc” = Charges for per hour overtime (inclusive of wages, EPF, ESIC, EDLI, Bonus etc.)
Annexure - 1
NA
1.1 This contract is governed by the General Terms and Conditions , conditions stipulated to this Product/Service as provided in the Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance with the General Terms and
Conditions (GTC) unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC) and/ or BID/Reverse Auction Additional Terms and Conditions
(ATC), as applicable
Financial Approval Detail| व ीय वीकृ त ववरण Paying Authority Details|भुगतान ा धकरण ववरण
IFD Concurrence|आईएफडी सहम त : No Role: PAO
Designation of Administrative Approval| Payment Mode|
Principal Judge Family Court Bareilly Offline
शास नक अनुमोदन का पदनाम: भुगतान का तरीका:
Designation of Financial Approval| Designation|पद : Munsarim
Principal Judge Family Court Bareilly
व ीय अनुमोदन का पदनाम : Email ID|ईमेल आईडी : ddo4.ldup.up@gembuyer.in
GSTIN|जीएसट आईएन : -
District Court Bareilly,
Address|पता:
Bareilly, UTTAR PRADESH-243001, India
S.No| .सं. Consignee Name & Address|परे षती नाम & पता Service Description|सेवा ववरण
Contact|संपक : 0581-2970185-
Email ID|ईमेल आईडी :
buycon36.ldup.up@gembuyer.in
1 Manpower Outsourcing Services - Minimum wage - Skilled; Others; Driver - LMV
GSTIN|जीएसट आईएन : -
Address|पता : District Court Bareilly,
BAREILLY, UTTAR PRADESH-243001, India
*GST / Tax invoice to be raised in the name of| जसके नाम के प म GST/TAX इनवॉइस पेश कया जाएगा - Buyer
Service Start Date (latest by)|सेवा ारंभ दनांक (नवीनतम) : 10-Jan-2024 Service End Date|सेवा समा त त थ : 31-Mar-2024
Secondary
Educational Qualification
School
Experience 0 to 3 Years
Remuneration per resource per hour for Overtime Hours (Including all applicable allowance
0
etc & excluding GST)
Amount of Contract|अनुबंध क रा श
Total Contract Value Including All Duties and Taxes|सभी शु क और कर स हत कुल अनुबंध मू य (INR) 48344.48
1 Agreement Overview
This is a Service Level Agreement (“SLA” or “Agreement”) between the Buyer and Manpower HiringAgency/Service Provider. The purpose of this Agreement is to facilitate
implementation of Manpower Hiring Service at the Buyer’s premises, or any other premises approved by the Buyer. This Agreement outlines the scope of work, Buyer’s
obligations, special terms and conditions related to service delivery and payment of services. The Agreement remains valid till completion of scope of services or end of
contractual duration (whichever is earlier) unless mutually extended by both the parties.
The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:
I. General terms and conditions for Services;( “GTC”)
II. Service Specific Standard Terms and Conditions (“STC”) of the Services contracts shall include the service level agreement (SLA) for the service.
III. BID/ Reverse Auction specific Additional Terms & Conditions (ATC) as specified by the buyer.
The above terms and conditions are in reverse order of precedence i.e., ATC shall supersede Service specific STC which shall supersede GTC, whenever there are any conflicting
provisions. The above set of terms and conditions along with the scope of work and SLA as enumerated in this document shall be construed to be part of the Contract/Agreement
between the Buyer and Service Provider.
2 Objectives and Goals
The objective of this Agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to Buyer by Service Provider. The goals
of this agreement are to:
I. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
II. Present a clear, concise, and measurable description of services offered to the Buyer
III. Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified
IV. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons
ThisAgreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same.
i. The Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner desired
by the Buyer. Any mismatch in demand and supply of the manpower such as number of employees, educational qualification, sectoral/ desired work experience etc. may
lead to deductions and/or replacement of the resource with the matching skillset based on the approval from buyer.
ii. The service provider/contractor shall be responsible for paying wages to contract labour at rates not less than the minimum wages as notified by the Appropriate
Government.
iii. The service provider/contractor shall be responsible for paying bonus to contract labour in the manner prescribed by the Payment of Bonus Act, 1965 & shall get
reimbursed from the buyer.
iv. The service provider/contractor shall be responsible for paying proportionate gratuity to contract labour who have rendered continuous service as per the provisions of the
Payment of Gratuity Act, 1972
v. Service Provider shall adhere to the timeline given by Buyer for providing the required manpower on Buyer’s premise/ designated premise.
vi. The Service Provider shall not assign its rights or obligations under this Contract, in whole or in part, nor enter any subcontract to perform any portion of this Contract,
without the written consent of the Buyer. The Service Provider shall be responsible and liable to deliver the services as per the contract.
vii. The Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
viii. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The biodata/ resume, qualification and
experience of the said manpower should be verified/certified by the Service Provider. In case any of such document is found to be false at any stage, it would be deemed
to be a breach of terms of contract making the Service Provider liable for legal action.
ix. The Service Provider shall be responsible for police verification, character, and antecedents’ verification of the manpower. The same may be verified by the Buyer at the
time of joining of the manpower, if he/she so desires.
x. The manpower provided by the Service Provider shall not be deemed employees of the Buyer department hence the compliance of the applicable acts/ laws will be the sole
responsibility of the Service Provider.
xi. The Service Provider shall furnish the following documents in respect of the manpower deployed by them to Buyer's premise/ designated premise in the given time limit:
a. List of persons deployed (monthly)
b. Biodata/ resume with antecedents’ details (at the time of deployment)
c. Copy of Aadhaar Card of the candidates (at the time of deployment)
d. Identity Cards issued by Service Provider bearing photograph (within 8 days of joining)
e. Identity proof and residential proof (at the time of deployment)
f. Copy of police verification certificate (at the time of deployment)
g. Copy of birth certificate, if required (at the time of deployment - for domicile purpose)
h. Details of PF Account Number of resources
xii. The Service Provider shall nominate a coordinator/ Single Point of Contact (SPOC) who shall be responsible for regular interaction with the Buyer Department so that
optimal services of the persons deployed could be availed without any disruption.
xiii. The attendance of the manpower shall be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer's
premises.
xiv. All selected manpower shall wear Identity Card provided by the Service Provider every day during working hours.
xv. The Service Provider shall issue the letter of deployment to every deployed manpower and a copy of same shall be submitted to Buyer.
xvi. In an event of deployed manpower availing leave, and if required by Buyer, suitable substitute(s) shall be provided by Service Provider as per mutual understanding with
Buyer. Service Provider shall communicate the same to buyer in advance.
xvii. In case of any resource permanently leaving the organization or taking leave for a longer duration, service provider shall communicate the same to buyer at least 1 month
prior to the last working day of a resources. Suitable substitute(s) shall be provided by Service Provider as per mutual understanding with buyer.
xviii. The Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.
xix. The Service Provider shall ensure that all the relevant licenses/ registrations/ permissions which may be required for providing the services under this Agreement are valid
during the entire period of the Agreement; failing which the Buyer can take appropriate action including imposition of deductions and termination of contract. The
documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
xx. In case of continuous work (24 hours or more than 26 days in a month), Service Provider shall be responsible to change the shifts and manpower in compliance with the
labor laws.
xxi. The persons deployed by the Service Provider shall not claim nor shall be entitled to pay, perks and other facilities admissible to regular/ confirmed employees during the
currency or after expiry of the Agreement.
xxii. No medical facilities or reimbursement or any sort of medical claims thereof in respect of employees provided by the Service Provider will be entertained by the Buyer.
xxiii. The persons deployed shall treat as confidential all data and information received from the Buyer and obtained in the execution of its responsibilities under this Contract/
Agreement, in strict confidence and will not reveal such information to any other party including the Service Provider without the prior written approval of the Buyer. In
view of this, the persons deployed shall be required to sign a non-disclosure agreement and breach of the same shall make the Service Provider as well as the person
deployed liable for penal action under the applicable laws besides, action for breach of contract and termination of contract.
xxiv. For all intents and purposes, the Service Provider shall be the “Employer’’ within the meaning of different Rules & Acts in respect of manpower so deployed. The persons
deployed by the Service Provider shall not have any claim whatsoever like employer and employee relationship against the Buyer.
xxv. No deployed manpower shall be allowed to stay in the Buyer’s premise/ designated premise unnecessarily after working hours without Buyer’s permission.
xxvi. Any damages/ losses caused by deployed manpower shall be borne by the Service Provider. The Buyer Department shall not be responsible for any financial loss or any
injury to any person deployed by the Service Provider during their performing the functions/duties, or for payment towards any compensation.
xxvii. The Service Provider shall be solely responsible for the redressal of grievances/ resolution of disputes relating to persons deployed. The Buyer shall, in no way be
responsible for settlement of such issues whatsoever.
xxviii. The Service Provider shall be responsible for timely payment of take-home remuneration to the manpower and deposit of EPF and ESI (both employee and employer
share), failing which deductions shall be made by buyer.
xxix. The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the Buyer Department or any other authority under
Law.
xxx. The Service Provider shall ensure regular payment to the deployed manpower to their entitlements like monthly salaries/ wages etc. and submit the documentary proof of
the salary paid as per the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of disbursement of wages of
previous month.
xxxi. The wages of every person deployedupon or in any establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the
seventh day after the last day wage-period in respect of which the wages are payable. In any other establishment, wages of every person employed shall be paid before
expiry of tenth day after last day wage-period. Payment of salary/ wages to the employees shall be made in their bank accounts only, no cash or kind payment shall be
made.
xxxii. The Service Provider shall furnish statement of amount paid for the month to the manpower deployed along with Transaction Details and Bank account from which the
payment has been made. Service Provider shall furnish copy of bank statement in support of amount paid as and when required by Buyer.
xxxiii. The Service Provider shall also deposit EPF and ESI of both employer and employee share within 15th day of the month of payment of wages.
xxxiv. The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly/ quarterly/ half yearly/ annual
return if any before the EPF and ESI authorities.
xxxv. All applicable taxes and duties other than mentioned in the contract document, shall be payable by the Service Provider and the Buyer shall not entertain any claims
whatsoever with respect to the same.
xxxvi. The Service Provider,at all times,will ensure that the services being provided under this Contract/Agreement are performed strictly in accordance with all applicable laws,
order, byelaws, regulations, notifications, guidelines, rules, standards, recommended practices etc. and no liability in this regard will be attached to the Buyer.
i. As per the Contract Labour Regulation and Abolition Act, 1970, the service provider/contractor shall be responsible for ensuring that wages are paid to the contract labour
on time. The principal employer/buyer shall ensure that the wages are paid on time to the contract labour by the service provider/contractor. In case the service
provider/contractor fails to pay the wages on time or makes short-payment, the principal employer/buyer shall be liable to pay the wages to the contract labour directly
and recover the amount from the service provider/contractor.
ii. The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the manpower or by the
Service Provider. The manpower as well as the Service Provider shall comply with the relevant rules and regulations applicable at present and as may be enforced from
time to time, for which the Buyer will not be liable or responsible in any manner. The onus of compliance to all the applicable laws/acts/rules etc.shall only rest with the
Service Provider. An indicative list of central labor laws is provided under Annexure 1.
iii. The cost of services quoted by the Service Provider shall cover all aspects of service delivery and include all the components of salary/ wages (minimum wage, insurance,
PF, ESI etc.) and taxes, as applicable.
iv. As per DoE OM No.F.6/1/2023-PPD dated 6th January 2023, the minimum service charges for Manpower Outsourcing Services has been fixed as 3.85%. The contracts
concluded through this service shall be in compliance with the above mentioned OM.
v. No advance payment shall be made to the Service Provider.
vi. Payment shall be made once the services are delivered, and the Service Provider submits the invoice for the same.
vii. The Buyer shall make the payment within prescribed timelines as per the payment process flow upon submission of invoice, logbook, and service feedback.
viii. Payment shall be made only after submission of invoices, attendance sheet, logbook, service feedback, documentary proofs for PF/ESI/EDLI etc. payments. Non-
submission of the same may lead to delay/ deduction in payment.
ix. All the deductions (if applicable) shall be settled before making the payments. Service Provider shall not have any objection on the same.
x. Payment to the manpower resources by the service provider shall be made through bank transfer only, in no circumstance cash payment shall be made.
xi. In case of any changes in the minimum wages or any statutory wage component as per the Applicable Laws during the Contract period, the Buyer shall pay the Service
Provider the differential amount in wage.It is clarified that such increase in the wages will not have any impact on the service charges. The total value of the service charge
to be paid by the buyer to service provider shall remain same as per the original contract value.
xii. Service provider will submit the invoice & upload the supporting documents such as attendance sheet, logbook etc. on GeM portal
xiii. Buyer will review the documents provided by service provider & may either accept or reject based on actual performance. If required, buyer may impose any non-delivery
deductions, SLA deductions, over & above the invoice submitted by service provider.
5 Deductions
Deductions
S.
Description
No.
1st Instance 2nd Instance 3rd Instance
6 Payment Terms
i. The Payment procedure as specified in the General Terms and Conditions (GTC) of GeM will be applicable.
ii. Payment schedule to be as per payment terms specified in bid document/ATC by the buyer.
7 Undertaking
The service provider/contractor shall not make any unauthorized deductions from the wages of the contract labour and provide below undertaking:
"The Service Provider hereby undertakes not to charge any money/fees/ deductions in whatever manner, name or form, or take any monetary/non-monetary considerations, or
make any unlawful deductions from the compensation/salary of the manpower/employees/resources engaged by it and, to be deployed at the Buyer’s site. The Service Provider
further agrees that it will not indulge in any unethical practices and acknowledges that any non-compliance of the aforesaid undertaking will be treated as a material breach of the
Contract, in which case the Buyer and GeM shall have the right to take appropriate independent actions including termination of the Contract and actions as per GeM Incident
Management Policy."
8 Formula Used
“d” = “bp” + “esi” + “pf” + “edli” + “bonus” + “admin” + “nm1” + “nm2” + “nm3” + "oth" * "otr"
Where,
“bp” = Basic dailywage (INR) exclusive of GST
“pf” = Provident Fund (INR Daily)
“edli” = EDLI (INR Daily)
“esi” = ESI (INR Daily)
“bonus” = Bonus (INR Daily)
“admin” = EPF Admin Charge (INR Daily)
“nm1” = Optional Allowance 1 (INR Daily)
“nm2” = Optional Allowance 2 (INR Daily)
“nm3” = Optional Allowance 3 (INR Daily)
“m” = Cumulative Cost (INR Daily)
"otr" = Remuneration per resource per hour for Overtime Hours (Incl. all applicable allowance etc. & excluding GST)
8.2 Total: -
Annexure - 1
NA
1.1 This contract is governed by the General Terms and Conditions , conditions stipulated to this Product/Service as provided in the Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance with the General Terms and
Conditions (GTC) unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC) and/ or BID/Reverse Auction Additional Terms and Conditions
(ATC), as applicable
.सं.|S.No परे षती नाम & पता|Consignee Name & Address सेवा ववरण|Service Description
संपक|Contact : 011-23701311-
ईमेल आईडी|Email ID : aro-sclc@up.gov.in
जीएसट आईएन|GSTIN : -
1 Manpower Outsourcing Services - Minimum wage - Skilled; Others; Driver - LMV
पता|Address : 4th Floor-Tej Building, 8-B,
Bahadurshah Zafar Marg, Delhi,
CENTRAL DELHI, DELHI-110002, India
* जसके नाम के प म GST/TAX इनवॉइस पेश कया जाएगा|GST / Tax invoice to be raised in the name of - Buyer
सेवा ारंभ दनांक (नवीनतम) |Service Start Date (latest by): 01-Feb-2024 सेवा समा त त थ|Service End Date : 31-Jan-2025
Not
Specialization
Required
Not
Post Graduation
Required
Not
Specialization for PG
Applicable
Experience 0 to 3 Years
Remuneration per resource per hour for Overtime Hours (Including all applicable allowance etc
0
& excluding GST)
1 Agreement Overview
This is a Service Level Agreement (“SLA” or “Agreement”) between the Buyer and Manpower HiringAgency/Service Provider. The purpose of this Agreement is to facilitate
implementation of Manpower Hiring Service at the Buyer’s premises, or any other premises approved by the Buyer. This Agreement outlines the scope of work, Buyer’s
obligations, special terms and conditions related to service delivery and payment of services. The Agreement remains valid till completion of scope of services or end of
contractual duration (whichever is earlier) unless mutually extended by both the parties.
The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:
I. General terms and conditions for Services;( “GTC”)
II. Service Specific Standard Terms and Conditions (“STC”) of the Services contracts shall include the service level agreement (SLA) for the service.
III. BID/ Reverse Auction specific Additional Terms & Conditions (ATC) as specified by the buyer.
The above terms and conditions are in reverse order of precedence i.e., ATC shall supersede Service specific STC which shall supersede GTC, whenever there are any conflicting
provisions. The above set of terms and conditions along with the scope of work and SLA as enumerated in this document shall be construed to be part of the Contract/Agreement
between the Buyer and Service Provider.
2 Objectives and Goals
The objective of this Agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to Buyer by Service Provider. The goals
of this agreement are to:
I. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
II. Present a clear, concise, and measurable description of services offered to the Buyer
III. Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified
IV. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons
ThisAgreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same.
i. The Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner desired
by the Buyer. Any mismatch in demand and supply of the manpower such as number of employees, educational qualification, sectoral/ desired work experience etc. may
lead to deductions and/or replacement of the resource with the matching skillset based on the approval from buyer.
ii. The service provider/contractor shall be responsible for paying wages to contract labour at rates not less than the minimum wages as notified by the Appropriate
Government.
iii. The service provider/contractor shall be responsible for paying bonus to contract labour in the manner prescribed by the Payment of Bonus Act, 1965 & shall get
reimbursed from the buyer.
iv. The service provider/contractor shall be responsible for paying proportionate gratuity to contract labour who have rendered continuous service as per the provisions of the
Payment of Gratuity Act, 1972
v. Service Provider shall adhere to the timeline given by Buyer for providing the required manpower on Buyer’s premise/ designated premise.
vi. The Service Provider shall not assign its rights or obligations under this Contract, in whole or in part, nor enter any subcontract to perform any portion of this Contract,
without the written consent of the Buyer. The Service Provider shall be responsible and liable to deliver the services as per the contract.
vii. The Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
viii. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The biodata/ resume, qualification and
experience of the said manpower should be verified/certified by the Service Provider. In case any of such document is found to be false at any stage, it would be deemed
to be a breach of terms of contract making the Service Provider liable for legal action.
ix. The Service Provider shall be responsible for police verification, character, and antecedents’ verification of the manpower. The same may be verified by the Buyer at the
time of joining of the manpower, if he/she so desires.
x. The manpower provided by the Service Provider shall not be deemed employees of the Buyer department hence the compliance of the applicable acts/ laws will be the sole
responsibility of the Service Provider.
xi. The Service Provider shall furnish the following documents in respect of the manpower deployed by them to Buyer's premise/ designated premise in the given time limit:
a. List of persons deployed (monthly)
b. Biodata/ resume with antecedents’ details (at the time of deployment)
c. Copy of Aadhaar Card of the candidates (at the time of deployment)
d. Identity Cards issued by Service Provider bearing photograph (within 8 days of joining)
e. Identity proof and residential proof (at the time of deployment)
f. Copy of police verification certificate (at the time of deployment)
g. Copy of birth certificate, if required (at the time of deployment - for domicile purpose)
h. Details of PF Account Number of resources
xii. The Service Provider shall nominate a coordinator/ Single Point of Contact (SPOC) who shall be responsible for regular interaction with the Buyer Department so that
optimal services of the persons deployed could be availed without any disruption.
xiii. The attendance of the manpower shall be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer's
premises.
xiv. All selected manpower shall wear Identity Card provided by the Service Provider every day during working hours.
xv. The Service Provider shall issue the letter of deployment to every deployed manpower and a copy of same shall be submitted to Buyer.
xvi. In an event of deployed manpower availing leave, and if required by Buyer, suitable substitute(s) shall be provided by Service Provider as per mutual understanding with
Buyer. Service Provider shall communicate the same to buyer in advance.
xvii. In case of any resource permanently leaving the organization or taking leave for a longer duration, service provider shall communicate the same to buyer at least 1 month
prior to the last working day of a resources. Suitable substitute(s) shall be provided by Service Provider as per mutual understanding with buyer.
xviii. The Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.
xix. The Service Provider shall ensure that all the relevant licenses/ registrations/ permissions which may be required for providing the services under this Agreement are valid
during the entire period of the Agreement; failing which the Buyer can take appropriate action including imposition of deductions and termination of contract. The
documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
xx. In case of continuous work (24 hours or more than 26 days in a month), Service Provider shall be responsible to change the shifts and manpower in compliance with the
labor laws.
xxi. The persons deployed by the Service Provider shall not claim nor shall be entitled to pay, perks and other facilities admissible to regular/ confirmed employees during the
currency or after expiry of the Agreement.
xxii. No medical facilities or reimbursement or any sort of medical claims thereof in respect of employees provided by the Service Provider will be entertained by the Buyer.
xxiii. The persons deployed shall treat as confidential all data and information received from the Buyer and obtained in the execution of its responsibilities under this Contract/
Agreement, in strict confidence and will not reveal such information to any other party including the Service Provider without the prior written approval of the Buyer. In
view of this, the persons deployed shall be required to sign a non-disclosure agreement and breach of the same shall make the Service Provider as well as the person
deployed liable for penal action under the applicable laws besides, action for breach of contract and termination of contract.
xxiv. For all intents and purposes, the Service Provider shall be the “Employer’’ within the meaning of different Rules & Acts in respect of manpower so deployed. The persons
deployed by the Service Provider shall not have any claim whatsoever like employer and employee relationship against the Buyer.
xxv. No deployed manpower shall be allowed to stay in the Buyer’s premise/ designated premise unnecessarily after working hours without Buyer’s permission.
xxvi. Any damages/ losses caused by deployed manpower shall be borne by the Service Provider. The Buyer Department shall not be responsible for any financial loss or any
injury to any person deployed by the Service Provider during their performing the functions/duties, or for payment towards any compensation.
xxvii. The Service Provider shall be solely responsible for the redressal of grievances/ resolution of disputes relating to persons deployed. The Buyer shall, in no way be
responsible for settlement of such issues whatsoever.
xxviii. The Service Provider shall be responsible for timely payment of take-home remuneration to the manpower and deposit of EPF and ESI (both employee and employer
share), failing which deductions shall be made by buyer.
xxix. The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the Buyer Department or any other authority under
Law.
xxx. The Service Provider shall ensure regular payment to the deployed manpower to their entitlements like monthly salaries/ wages etc. and submit the documentary proof of
the salary paid as per the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of disbursement of wages of
previous month.
xxxi. The wages of every person deployedupon or in any establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the
seventh day after the last day wage-period in respect of which the wages are payable. In any other establishment, wages of every person employed shall be paid before
expiry of tenth day after last day wage-period. Payment of salary/ wages to the employees shall be made in their bank accounts only, no cash or kind payment shall be
made.
xxxii. The Service Provider shall furnish statement of amount paid for the month to the manpower deployed along with Transaction Details and Bank account from which the
payment has been made. Service Provider shall furnish copy of bank statement in support of amount paid as and when required by Buyer.
xxxiii. The Service Provider shall also deposit EPF and ESI of both employer and employee share within 15th day of the month of payment of wages.
xxxiv. The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly/ quarterly/ half yearly/ annual
return if any before the EPF and ESI authorities.
xxxv. All applicable taxes and duties other than mentioned in the contract document, shall be payable by the Service Provider and the Buyer shall not entertain any claims
whatsoever with respect to the same.
xxxvi. The Service Provider,at all times,will ensure that the services being provided under this Contract/Agreement are performed strictly in accordance with all applicable laws,
order, byelaws, regulations, notifications, guidelines, rules, standards, recommended practices etc. and no liability in this regard will be attached to the Buyer.
i. As per the Contract Labour Regulation and Abolition Act, 1970, the service provider/contractor shall be responsible for ensuring that wages are paid to the contract labour
on time. The principal employer/buyer shall ensure that the wages are paid on time to the contract labour by the service provider/contractor. In case the service
provider/contractor fails to pay the wages on time or makes short-payment, the principal employer/buyer shall be liable to pay the wages to the contract labour directly
and recover the amount from the service provider/contractor.
ii. The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the manpower or by the
Service Provider. The manpower as well as the Service Provider shall comply with the relevant rules and regulations applicable at present and as may be enforced from
time to time, for which the Buyer will not be liable or responsible in any manner. The onus of compliance to all the applicable laws/acts/rules etc.shall only rest with the
Service Provider. An indicative list of central labor laws is provided under Annexure 1.
iii. The cost of services quoted by the Service Provider shall cover all aspects of service delivery and include all the components of salary/ wages (minimum wage, insurance,
PF, ESI etc.) and taxes, as applicable.
iv. As per DoE OM No.F.6/1/2023-PPD dated 6th January 2023, the minimum service charges for Manpower Outsourcing Services has been fixed as 3.85%. The contracts
concluded through this service shall be in compliance with the above mentioned OM.
v. No advance payment shall be made to the Service Provider.
vi. Payment shall be made once the services are delivered, and the Service Provider submits the invoice for the same.
vii. The Buyer shall make the payment within prescribed timelines as per the payment process flow upon submission of invoice, logbook, and service feedback.
viii. Payment shall be made only after submission of invoices, attendance sheet, logbook, service feedback, documentary proofs for PF/ESI/EDLI etc. payments. Non-
submission of the same may lead to delay/ deduction in payment.
ix. All the deductions (if applicable) shall be settled before making the payments. Service Provider shall not have any objection on the same.
x. Payment to the manpower resources by the service provider shall be made through bank transfer only, in no circumstance cash payment shall be made.
xi. In case of any changes in the minimum wages or any statutory wage component as per the Applicable Laws during the Contract period, the Buyer shall pay the Service
Provider the differential amount in wage.It is clarified that such increase in the wages will not have any impact on the service charges. The total value of the service charge
to be paid by the buyer to service provider shall remain same as per the original contract value.
xii. Service provider will submit the invoice & upload the supporting documents such as attendance sheet, logbook etc. on GeM portal
xiii. Buyer will review the documents provided by service provider & may either accept or reject based on actual performance. If required, buyer may impose any non-delivery
deductions, SLA deductions, over & above the invoice submitted by service provider.
5 Deductions
Deductions
S.
Description
No.
1st Instance 2nd Instance 3rd Instance
6 Payment Terms
i. The Payment procedure as specified in the General Terms and Conditions (GTC) of GeM will be applicable.
ii. Payment schedule to be as per payment terms specified in bid document/ATC by the buyer.
7 Undertaking
The service provider/contractor shall not make any unauthorized deductions from the wages of the contract labour and provide below undertaking:
"The Service Provider hereby undertakes not to charge any money/fees/ deductions in whatever manner, name or form, or take any monetary/non-monetary considerations, or
make any unlawful deductions from the compensation/salary of the manpower/employees/resources engaged by it and, to be deployed at the Buyer’s site. The Service Provider
further agrees that it will not indulge in any unethical practices and acknowledges that any non-compliance of the aforesaid undertaking will be treated as a material breach of the
Contract, in which case the Buyer and GeM shall have the right to take appropriate independent actions including termination of the Contract and actions as per GeM Incident
Management Policy."
8 Formula Used
“d” = “bp” + “esi” + “pf” + “edli” + “bonus” + “admin” + “nm1” + “nm2” + “nm3” + "oth" * "otr"
Where,
“bp” = Basic dailywage (INR) exclusive of GST
“pf” = Provident Fund (INR Daily)
“edli” = EDLI (INR Daily)
“esi” = ESI (INR Daily)
“bonus” = Bonus (INR Daily)
“admin” = EPF Admin Charge (INR Daily)
“nm1” = Optional Allowance 1 (INR Daily)
“nm2” = Optional Allowance 2 (INR Daily)
“nm3” = Optional Allowance 3 (INR Daily)
“m” = Cumulative Cost (INR Daily)
"otr" = Remuneration per resource per hour for Overtime Hours (Incl. all applicable allowance etc. & excluding GST)
8.2 Total: -
Annexure - 1
NA
1.1 This contract is governed by the General Terms and Conditions , conditions stipulated to this Product/Service as provided in the Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance with the General Terms and
Conditions (GTC) unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC) and/ or BID/Reverse Auction Additional Terms and Conditions
(ATC), as applicable
.सं.|S.No परे षती नाम & पता|Consignee Name & Address सेवा ववरण|Service Description
संपक|Contact : 0522-2238108-
ईमेल आईडी|Email ID : ramakant.13221@gov.in
जीएसट आईएन|GSTIN : -
1 Manpower Outsourcing Services - Minimum wage - Skilled; Others; Driver - LMV
पता|Address : vidhansabha Marg, U.P. Sectt
Lucknow,
LUCKNOW, UTTAR PRADESH-226001, India
* जसके नाम के प म GST/TAX इनवॉइस पेश कया जाएगा|GST / Tax invoice to be raised in the name of - Buyer
सेवा ारंभ दनांक (नवीनतम) |Service Start Date (latest by): 01-Feb-2024 सेवा समा त त थ|Service End Date : 31-Jan-2025
Not
Specialization
Required
Not
Post Graduation
Required
Not
Specialization for PG
Applicable
Experience 0 to 3 Years
Remuneration per resource per hour for Overtime Hours (Including all applicable allowance etc
0
& excluding GST)
1 Agreement Overview
This is a Service Level Agreement (“SLA” or “Agreement”) between the Buyer and Manpower HiringAgency/Service Provider. The purpose of this Agreement is to facilitate
implementation of Manpower Hiring Service at the Buyer’s premises, or any other premises approved by the Buyer. This Agreement outlines the scope of work, Buyer’s
obligations, special terms and conditions related to service delivery and payment of services. The Agreement remains valid till completion of scope of services or end of
contractual duration (whichever is earlier) unless mutually extended by both the parties.
The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:
I. General terms and conditions for Services;( “GTC”)
II. Service Specific Standard Terms and Conditions (“STC”) of the Services contracts shall include the service level agreement (SLA) for the service.
III. BID/ Reverse Auction specific Additional Terms & Conditions (ATC) as specified by the buyer.
The above terms and conditions are in reverse order of precedence i.e., ATC shall supersede Service specific STC which shall supersede GTC, whenever there are any conflicting
provisions. The above set of terms and conditions along with the scope of work and SLA as enumerated in this document shall be construed to be part of the Contract/Agreement
between the Buyer and Service Provider.
2 Objectives and Goals
The objective of this Agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to Buyer by Service Provider. The goals
of this agreement are to:
I. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
II. Present a clear, concise, and measurable description of services offered to the Buyer
III. Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified
IV. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons
ThisAgreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same.
i. The Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner desired
by the Buyer. Any mismatch in demand and supply of the manpower such as number of employees, educational qualification, sectoral/ desired work experience etc. may
lead to deductions and/or replacement of the resource with the matching skillset based on the approval from buyer.
ii. The service provider/contractor shall be responsible for paying wages to contract labour at rates not less than the minimum wages as notified by the Appropriate
Government.
iii. The service provider/contractor shall be responsible for paying bonus to contract labour in the manner prescribed by the Payment of Bonus Act, 1965 & shall get
reimbursed from the buyer.
iv. The service provider/contractor shall be responsible for paying proportionate gratuity to contract labour who have rendered continuous service as per the provisions of the
Payment of Gratuity Act, 1972
v. Service Provider shall adhere to the timeline given by Buyer for providing the required manpower on Buyer’s premise/ designated premise.
vi. The Service Provider shall not assign its rights or obligations under this Contract, in whole or in part, nor enter any subcontract to perform any portion of this Contract,
without the written consent of the Buyer. The Service Provider shall be responsible and liable to deliver the services as per the contract.
vii. The Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
viii. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The biodata/ resume, qualification and
experience of the said manpower should be verified/certified by the Service Provider. In case any of such document is found to be false at any stage, it would be deemed
to be a breach of terms of contract making the Service Provider liable for legal action.
ix. The Service Provider shall be responsible for police verification, character, and antecedents’ verification of the manpower. The same may be verified by the Buyer at the
time of joining of the manpower, if he/she so desires.
x. The manpower provided by the Service Provider shall not be deemed employees of the Buyer department hence the compliance of the applicable acts/ laws will be the sole
responsibility of the Service Provider.
xi. The Service Provider shall furnish the following documents in respect of the manpower deployed by them to Buyer's premise/ designated premise in the given time limit:
a. List of persons deployed (monthly)
b. Biodata/ resume with antecedents’ details (at the time of deployment)
c. Copy of Aadhaar Card of the candidates (at the time of deployment)
d. Identity Cards issued by Service Provider bearing photograph (within 8 days of joining)
e. Identity proof and residential proof (at the time of deployment)
f. Copy of police verification certificate (at the time of deployment)
g. Copy of birth certificate, if required (at the time of deployment - for domicile purpose)
h. Details of PF Account Number of resources
xii. The Service Provider shall nominate a coordinator/ Single Point of Contact (SPOC) who shall be responsible for regular interaction with the Buyer Department so that
optimal services of the persons deployed could be availed without any disruption.
xiii. The attendance of the manpower shall be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer's
premises.
xiv. All selected manpower shall wear Identity Card provided by the Service Provider every day during working hours.
xv. The Service Provider shall issue the letter of deployment to every deployed manpower and a copy of same shall be submitted to Buyer.
xvi. In an event of deployed manpower availing leave, and if required by Buyer, suitable substitute(s) shall be provided by Service Provider as per mutual understanding with
Buyer. Service Provider shall communicate the same to buyer in advance.
xvii. In case of any resource permanently leaving the organization or taking leave for a longer duration, service provider shall communicate the same to buyer at least 1 month
prior to the last working day of a resources. Suitable substitute(s) shall be provided by Service Provider as per mutual understanding with buyer.
xviii. The Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.
xix. The Service Provider shall ensure that all the relevant licenses/ registrations/ permissions which may be required for providing the services under this Agreement are valid
during the entire period of the Agreement; failing which the Buyer can take appropriate action including imposition of deductions and termination of contract. The
documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
xx. In case of continuous work (24 hours or more than 26 days in a month), Service Provider shall be responsible to change the shifts and manpower in compliance with the
labor laws.
xxi. The persons deployed by the Service Provider shall not claim nor shall be entitled to pay, perks and other facilities admissible to regular/ confirmed employees during the
currency or after expiry of the Agreement.
xxii. No medical facilities or reimbursement or any sort of medical claims thereof in respect of employees provided by the Service Provider will be entertained by the Buyer.
xxiii. The persons deployed shall treat as confidential all data and information received from the Buyer and obtained in the execution of its responsibilities under this Contract/
Agreement, in strict confidence and will not reveal such information to any other party including the Service Provider without the prior written approval of the Buyer. In
view of this, the persons deployed shall be required to sign a non-disclosure agreement and breach of the same shall make the Service Provider as well as the person
deployed liable for penal action under the applicable laws besides, action for breach of contract and termination of contract.
xxiv. For all intents and purposes, the Service Provider shall be the “Employer’’ within the meaning of different Rules & Acts in respect of manpower so deployed. The persons
deployed by the Service Provider shall not have any claim whatsoever like employer and employee relationship against the Buyer.
xxv. No deployed manpower shall be allowed to stay in the Buyer’s premise/ designated premise unnecessarily after working hours without Buyer’s permission.
xxvi. Any damages/ losses caused by deployed manpower shall be borne by the Service Provider. The Buyer Department shall not be responsible for any financial loss or any
injury to any person deployed by the Service Provider during their performing the functions/duties, or for payment towards any compensation.
xxvii. The Service Provider shall be solely responsible for the redressal of grievances/ resolution of disputes relating to persons deployed. The Buyer shall, in no way be
responsible for settlement of such issues whatsoever.
xxviii. The Service Provider shall be responsible for timely payment of take-home remuneration to the manpower and deposit of EPF and ESI (both employee and employer
share), failing which deductions shall be made by buyer.
xxix. The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the Buyer Department or any other authority under
Law.
xxx. The Service Provider shall ensure regular payment to the deployed manpower to their entitlements like monthly salaries/ wages etc. and submit the documentary proof of
the salary paid as per the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of disbursement of wages of
previous month.
xxxi. The wages of every person deployedupon or in any establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the
seventh day after the last day wage-period in respect of which the wages are payable. In any other establishment, wages of every person employed shall be paid before
expiry of tenth day after last day wage-period. Payment of salary/ wages to the employees shall be made in their bank accounts only, no cash or kind payment shall be
made.
xxxii. The Service Provider shall furnish statement of amount paid for the month to the manpower deployed along with Transaction Details and Bank account from which the
payment has been made. Service Provider shall furnish copy of bank statement in support of amount paid as and when required by Buyer.
xxxiii. The Service Provider shall also deposit EPF and ESI of both employer and employee share within 15th day of the month of payment of wages.
xxxiv. The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly/ quarterly/ half yearly/ annual
return if any before the EPF and ESI authorities.
xxxv. All applicable taxes and duties other than mentioned in the contract document, shall be payable by the Service Provider and the Buyer shall not entertain any claims
whatsoever with respect to the same.
xxxvi. The Service Provider,at all times,will ensure that the services being provided under this Contract/Agreement are performed strictly in accordance with all applicable laws,
order, byelaws, regulations, notifications, guidelines, rules, standards, recommended practices etc. and no liability in this regard will be attached to the Buyer.
i. As per the Contract Labour Regulation and Abolition Act, 1970, the service provider/contractor shall be responsible for ensuring that wages are paid to the contract labour
on time. The principal employer/buyer shall ensure that the wages are paid on time to the contract labour by the service provider/contractor. In case the service
provider/contractor fails to pay the wages on time or makes short-payment, the principal employer/buyer shall be liable to pay the wages to the contract labour directly
and recover the amount from the service provider/contractor.
ii. The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the manpower or by the
Service Provider. The manpower as well as the Service Provider shall comply with the relevant rules and regulations applicable at present and as may be enforced from
time to time, for which the Buyer will not be liable or responsible in any manner. The onus of compliance to all the applicable laws/acts/rules etc.shall only rest with the
Service Provider. An indicative list of central labor laws is provided under Annexure 1.
iii. The cost of services quoted by the Service Provider shall cover all aspects of service delivery and include all the components of salary/ wages (minimum wage, insurance,
PF, ESI etc.) and taxes, as applicable.
iv. As per DoE OM No.F.6/1/2023-PPD dated 6th January 2023, the minimum service charges for Manpower Outsourcing Services has been fixed as 3.85%. The contracts
concluded through this service shall be in compliance with the above mentioned OM.
v. No advance payment shall be made to the Service Provider.
vi. Payment shall be made once the services are delivered, and the Service Provider submits the invoice for the same.
vii. The Buyer shall make the payment within prescribed timelines as per the payment process flow upon submission of invoice, logbook, and service feedback.
viii. Payment shall be made only after submission of invoices, attendance sheet, logbook, service feedback, documentary proofs for PF/ESI/EDLI etc. payments. Non-
submission of the same may lead to delay/ deduction in payment.
ix. All the deductions (if applicable) shall be settled before making the payments. Service Provider shall not have any objection on the same.
x. Payment to the manpower resources by the service provider shall be made through bank transfer only, in no circumstance cash payment shall be made.
xi. In case of any changes in the minimum wages or any statutory wage component as per the Applicable Laws during the Contract period, the Buyer shall pay the Service
Provider the differential amount in wage.It is clarified that such increase in the wages will not have any impact on the service charges. The total value of the service charge
to be paid by the buyer to service provider shall remain same as per the original contract value.
xii. Service provider will submit the invoice & upload the supporting documents such as attendance sheet, logbook etc. on GeM portal
xiii. Buyer will review the documents provided by service provider & may either accept or reject based on actual performance. If required, buyer may impose any non-delivery
deductions, SLA deductions, over & above the invoice submitted by service provider.
5 Deductions
Deductions
S.
Description
No.
1st Instance 2nd Instance 3rd Instance
6 Payment Terms
i. The Payment procedure as specified in the General Terms and Conditions (GTC) of GeM will be applicable.
ii. Payment schedule to be as per payment terms specified in bid document/ATC by the buyer.
7 Undertaking
The service provider/contractor shall not make any unauthorized deductions from the wages of the contract labour and provide below undertaking:
"The Service Provider hereby undertakes not to charge any money/fees/ deductions in whatever manner, name or form, or take any monetary/non-monetary considerations, or
make any unlawful deductions from the compensation/salary of the manpower/employees/resources engaged by it and, to be deployed at the Buyer’s site. The Service Provider
further agrees that it will not indulge in any unethical practices and acknowledges that any non-compliance of the aforesaid undertaking will be treated as a material breach of the
Contract, in which case the Buyer and GeM shall have the right to take appropriate independent actions including termination of the Contract and actions as per GeM Incident
Management Policy."
8 Formula Used
“d” = “bp” + “esi” + “pf” + “edli” + “bonus” + “admin” + “nm1” + “nm2” + “nm3” + "oth" * "otr"
Where,
“bp” = Basic dailywage (INR) exclusive of GST
“pf” = Provident Fund (INR Daily)
“edli” = EDLI (INR Daily)
“esi” = ESI (INR Daily)
“bonus” = Bonus (INR Daily)
“admin” = EPF Admin Charge (INR Daily)
“nm1” = Optional Allowance 1 (INR Daily)
“nm2” = Optional Allowance 2 (INR Daily)
“nm3” = Optional Allowance 3 (INR Daily)
“m” = Cumulative Cost (INR Daily)
"otr" = Remuneration per resource per hour for Overtime Hours (Incl. all applicable allowance etc. & excluding GST)
8.2 Total: -
Annexure - 1
NA
1.1 This contract is governed by the General Terms and Conditions , conditions stipulated to this Product/Service as provided in the Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance with the General Terms and
Conditions (GTC) unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC) and/ or BID/Reverse Auction Additional Terms and Conditions
(ATC), as applicable