dvb employees terminal benefits fund(dvb etbf)...

DVB Employees Terminal Benefits Fund(DVB ETBF) -2002

WEB NOTIFICATION Open tender is invited in Two Part Bid system by Secretary (Pension Trust), DVB ETBF-2002, 1st floor, Prefabricated Building, Rajghat Power House, New Delhi -110002 from experienced companies/contractors in the relevant business for the following works:

Sl. No.

Tender No. Name of work Earnest Money deposit(EMD) (Rs.)

Tender Fee (Rs.)

Work completion /contractual period

Scheduled Date & Time

1 PT/0001/2014-15 Supply of Manpower

54,000/- 2000/- One Year Start sale of Tender

08.07.2014 10.30 a.m.

End Sale of tender

22.07.2014 Upto 04.30 p.m.

Start Bid Submission

08.07.2014 10.30 a.m.

End Bid Submission

23.07.2014 02.30 p.m.

Opening of tender

23.07.2014 03.30 p.m.

• Tender documents can be purchased from the office of MANAGER (PENSION TRUST), 1st floor, Pre-fabricated building,

Rajghat Power House, New Delhi -110002 by paying non refundable Tender Fee of Rs. 2000/- in the form of DD/Pay Order in favour of DVB ETBF-2002.

• Complete tender documents can also be downloaded from the website of DTL http://www.dtl.gov.in • In the event of tender being downloaded from the website, bidder should submit the tender fee in the office of Manager

(Pension Trust) before submission of Tender Bid, failing which bid will not be entertained. • Each page of the tender bid must be numbered and signed by the bidder.

http://www.dtl.gov.in/�

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DVB EMPLOYEES TERMINAL BENEFITS FUND-2002 Pre-Fabricated Building,

Rajghat Power House Office Complex, New Delhi-110 002 Tel.: 011-23250323, 23245619 Fax: 23276409

NOTIFICATION

Open tenders are invited in Two-part Bid system by SECRETARY (Pension Trust), 1st floor, Prefabricated Building, Rajghat Power House, New Delhi -110002 from working Manpower Supply Contractors/agencies.

Tender documents can be purchased from the office of MANAGER(PENSION TRUST), 1st floor, Pre-fabricated Building, Rajghat Power House, New Delhi -110002 by paying non refundable Tender Fee of Rs. 2000/- as mentioned above. The tender documents can also be downloaded from the website of DTL http//www.dtl.gov.in and the tender fee shall be submitted in the office of Manager (Pension Trust) before submission of Tender Bid failing which the tender bid will not be entertained.

Name of work SUPPLY OF MANPOWER ON CONTRACT BASIS

Tender No. PT/0001/2014-15

Tender Cost Rs.2000/- (Rs. Two Thousand only) in the form of DD/Pay Order in favour of DVB ETBF - 2002. Tender fee shall be non-refundable.

Issuing Authority Secretary (Pension Trust), Pre-fabricated Building, Rajghat Power House, New Delhi-110002

Date &Time for issuing Tender Documents

08.07.2014 to 22.07.2014

10.30a.m. to 4.30p.m.(All working days)

Tender Receiving Authority

Secretary (Pension Trust), Pre-fabricated Building, Rajghat Power House, New Delhi-110002

Last date & Time for receipt of Tender

23.07.2014 at 02.30p.m.

Due date & time of tender opening

23.07.2014 at 3.30p.m.

Estimated value of Tender

Rs.2681000/- (Rs. Twenty Six Lac Eighty One Thousand only)

Earnest Money Deposit (EMD)

Rs. 54000/- (Rs Fifty four Thousand only)

Completion Period/Contractual period

One year

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DVB EMPLOYEES TERMINAL BENEFITS FUND-2002

Pre-Fabricated Building, Rajghat Power House Office Complex, New Delhi-110 002

Tel.: 011-23250323, 23245619 Fax: 23276409

Tender No. PT/0001/2014-15

TENDER FORM /UNDERTAKING

SECRETARY (PENSION TRUST), Ist floor, Pre fabricated building , Rajghat Power House, New Delhi 110002 Dear Sir,

I / we submit this tender bid for the work/service as per schedule given in tender documents. I/We have thoroughly examined the terms and conditions given in the tender document and its annexures and agree to abide by them.

I/We agree to hold the offer valid for acceptance up to 120 days from the date of opening and shall be bound by communication and acceptance Letter/Letter of Intent dispatched on the last-day of validity of offer.

I / we further undertake that this offer shall not be retracted or withdrawn by me/us after the opening of the tender. In the event of my/our tender being accepted for the whole or any part quantity, I/We agree to furnish the required security deposit.

DD/POno………...………………Dated……/……/…………drawn on …………………… ……………………….of Rs ……………/- is being enclosed herewith as EMD and placed inside EMD envelope with required details (as per 1.22 of part 1 of tender document) are mentioned on the EMD envelope

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The following pages have been added to form of this tender

i)

ii)

Yours faithfully,

(Signature of Tenderer)

Status/state of capacity on which the signatory is signing.

Place…………………………………… Date………………………

Witness 1 Witness 2

Signature

Name

Address

Name and address of the

contractor………………………………………………………………………………………………

……………………

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PART-1

INSTRUCTION TO TENDERER

1. 1 CONDITIONS OF CONTRACTS

1 The tender covers the work of SUPPLY OF MANPOWER THROUGH MANPOWER SUPPLY CONTRACTORS/AGENCIES ON CONTRACT BASIS at various offices of DELHI VIDYUT BOARD EMPLOYEES TERMINAL BENEFITS FUND - 2002 located in Delhi by deploying required number of contract personnel.

2 The tenderer shall be responsible for arranging and maintaining at his own cost all facilities for workers and all other services if required unless otherwise specifically provided for in the contract documents.

3 Submission of tender by a tenderer implies that he has read this notice and all other contract documents and has made himself aware of the scope of the work to be done and of conditions and rates.

1. 2 TENDER FORMS

1.

2.

Tender must be submitted, completely filled in all respect. The tender documents so filled should be in the same format as given by DVB ETBF - 2002. No changes are allowed to be made in the format of these documents. Any further Particulars, desired to be submitted, should be given in a covering letter along with the tender (to be attached to the tender document), explaining briefly the salient points not otherwise covered in the tender specifications and this attachment has to be clearly mentioned in the tender form/undertaking. Price Performa to be completely filled at the price bid/quote link of the tender.

Tender fee shall be Rs.2000/-(Rs. Two Thousand only) in the form of DD/ Pay Order in favour of DVB ETBF - 2002. Tender fees shall be non refundable. In case tender documents are downloaded from website, tender fee in the form of DD/Pay Order shall be submitted in the office of Manager (Pension Trust) before submission of Tender Bid failing which the Tender Bid will not be entertained/considered.

3 LODGING OF TENDERS

1 The Tender should be addressed to SECRETARY (PENSION TRUST) & shall be submitted in the tender box, placed at Prefabricated Building, Rajghat Power House, New Delhi in the office of Manager (Pension Trust).

2 The Tender is liable to be ignored, if incomplete information or superfluous information not called for in the invitation to tender is given or if particulars asked for in the tender form are not fully furnished.

3 All pages / tender documents should be signed by the authorized signatory. All tenderer must indicate the capacity and the authority of the individual signing the tender. It must be declared whether the individual is legally competent to enter into the contract or not.

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4 Irrespective of the date of posting, the submission of tender will seize after the submission/opening deadline.

1. 4 VALIDITY OF TENDERS

A tender shall remain open for acceptance for a period of 120 days from the date of opening of tenders or till such time up to which extension of validity has been agreed. If a tenderer is notified during this 120 days or extended period that this tender has been accepted, he shall be bound by the terms of the agreement of his tender till such agreement is replaced by a contract as stated in clause 1.10 below, If a day up to which the offer is to be remain open has been declared to be closed/holiday for the DVB ETBF - 2002 the offer shall remain open for acceptance till the next working day. The tender with shorter validity is liable to be ignored and may not be opened.

1. 5 WITHDRAWAL OF TENDERS & SUBMISSION OF ANOTHER TENDER

The Tenderer cannot withdraw his tender before the due date of opening. However can submit a new tender, should be complete in all respect, before the schedule time of submission of Tender. In such cases, the earlier offer will not be opened. In case the tenderer revises, withdraws or amends without the written consent of the purchaser his tender after the date of opening, the earnest money deposited by the tenderer shall be forfeited in full or part thereof.

1. 6 PRICE

1 The contractor must fill the price schedule & annexures available along with the tender.

2 The price should be inclusive of all statutory taxes and levies.

3 The Prices/rates should be quoted according to the minimum rates of wages applicable in NCT of Delhi at the time of submission of bids. If there is any increase / decrease in minimum wages service tax or any other statutory levies, it will be payable accordingly by the DVB ETBF-2002.

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Successful Bidder(s) shall be allowed increase/decrease in the minimum wages of the personnel provided by the service provider consequent upon any increase/decrease on such account affected by Govt of India/NCT of Delhi orders. However, service charge, if any, finalized through Tender shall remain fixed throughout the currency of the contract.

1. 7 SERVICE TAX REGISTRATION CERTIFICATES & PAN No.

The tenderer must attach to the tender a copy of Service Tax Registration Certificate issued by the Service Tax Deptt. of Govt. of India. The tenderer shall also attach to the tender a copy of PAN No. issued by Income Tax Deptt.

1. 8 EPF REGISTRATION CERTIFICATE

The tenderer must attach to the tender a copy of EPF Registration Certificates issued from the EPFC Office. The tenderer is also required to attach to the tender a copy of

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documents/receipt with regard to the EPF deposited with the Office of EPFC for their employees deployed/supplied.

1. 9 ESI REGISTRATION CERTIFICATE

The tenderer must attach to the tender a copy of ESI Registration Certificates from Regional Office, ESI Corporation The tenderer is also required to attach to the tender a copy of documents/receipt with regard to the ESI deposited with the Regional Office, ESI corporation for their employees deployed.

1. 10 (A) ACCEPTANCE OF TENDERS 1 The owner is not bound to accept the lowest tender or any other tender and to assign any

reason for rejection of any or all the tenders. The owner also reserves the right to accept either the whole or part of the tender.

2 Printed terms and conditions of the tenderer will not be considered as forming part of the tender. In case of any terms and conditions of the contract applicable to the invitation to tender are not acceptable to the tenderer, they should clearly specify deviation in their tenders. The owner may not consider the tender with such deviations. If nothing otherwise is mentioned it will be assumed that these conditions are acceptable to tender.

1. 10 (B) COMMUNICATION OF ACCEPTANCE

Acceptance of service rates by the owner will be communicated through Fax/speed post/ Regd. A/D. letter or acceptance letter (i.e. Letter of Intent) or formal purchase/work order. In case the acceptance is communicated by Fax /Regd. AD letter/speed post, the formal work order will be forwarded to the supplier as soon as possible but the instructions contained in the acceptance letter should be acted upon immediately. Posting of LOI even on the last day of validity of offer shall be binding upon the contractor.

1. 11 EXECUTION OF CONTRACTS AGREEMENT

1 The successful tenderer shall have to execute an agreement on a non-judicial stamp paper of Rs.100/- within 7 days of the receipt of the work order, failing which it shall be presumed that the work order along with its terms & conditions is acceptable to him and shall be binding upon him.

2 The draft language for contract agreement shall be as per Annexure-V.

1. 12 SECURITY DEPOSIT FOR DUE FULFILMENT OF CONTRACT

1 The successful tenderer shall have to deposit the security @ 5% of the contract value for the proper Performance of the contract within ten days of receipt of Purchase Order in the form of DD/Pay order/Bank Fixed Deposit / B.G. drawn in favour of DVB ETBF-

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2002 valid upto end of Guarantee period (i.e. Six months after completion).

2. The Security amount in whole or any part thereof is liable for forfeiture in case of unsatisfactory execution, delay or bad supplies/workmanship. The Security amount however shall be refunded after six months on the satisfactory completion of the Contract.

1. 13 CHANGE OF QUANTITY

During the execution of contract, the owner reserves the right to increase or decrease the quantity of manpower under the contract as per DVB ETBF - 2002 requirement, but without any change in unit price or other terms & conditions.

1. 14 SUBMISSION OF TENDERS

1 Each tender shall contain two packages, i.e. TECHNICAL PACKAGE and FINANCIAL PACKAGE.

2 The Tenderer shall submit his offer under two part bid system i.e.Technical Package & Financial package to be submitted at DVB ETBF-2002, Pre-fabricated Building, Rajghat Power House, New Delhi along with EMD (as per clause 1.22) and should be in separate sealed envelopes clearly superscribed thereupon, Name of Work, Tender No., Due date of opening, Validity period, Details of EMD, Full name and address of Tenderer.

1. 15 DOCUMENTS COMPRISING THE TENDER

1 TECHNICAL PACKAGE: This envelope should carry complete tender documents required as per eligibility criteria as given below:

(a) Copy of work done in departments as mentioned in 2.22.3 (a) (b)

(b) Copy of Service Tax registration certificate

(c) Copy of PAN No.

(d) Copy of EPF registration along with A/c. No (latest receipt with regard to the PF deposited with the office of EPFC).

(e) Copy of ESI registration along with A/c. No (latest receipt with regard to the ESI deposited with the office of ESIC).

(f) In support of meeting the Qualifying Requirement, in line with clause 2.22.3 (a) & (b) & 2.22.4 the Bidder must provide relevant information as per format given in annexure along with copy of documentary evidence duly certified by Chartered

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Accountant.

(g) Copies of details of experience along with satisfactory past performance completion certificates for the purpose of technical evaluation.

(h) The Bidders are required to submit copies of annexure-I (Check list of tender), Ann-II (Comml. T&C of tender), Ann.-III (Deviation from Spec.). Ann VI (Experience Details).

(i) The Bidders are required to submit Tender form/undertaking.

(j) The bidders are required to submit an undertaking, mentioning that the bidder/firm/contractor has/have not been debarred/blacklisted from any Govt./semi govt./ PSU in last 3 years.

(l) Agency shall submit copies of their Litigation History / Arbitration case as per format given in Annexure-IV.

2 FINANCIAL PACKAGE This envelope shall consist of Price Schedule and the Annexure VII of the Tender Form. The prices shall be entered at prescribed place in the Price Schedule and Annexure VII of tender form.

1. 16 FORMAT AND SIGNING OF TENDERS

1 If the tender is submitted by a proprietary firm it shall be signed by the proprietor with his full name and the full name of his firm with its current address.

2 If the tender is submitted by a limited company or a limited corporation, it shall be signed by a duly authorized person holding the power of attorney for the firm. A certified copy of the power of attorney shall accompany the tender.

3 All amendments/corrections shall be initialed by the person or persons submitting the tender.

4 All witnesses and sureties shall be persons of status and probity and their full names, occupations and addresses shall be written below their signatures.

1. 17 TENDER OPENING AND EVALUATION

1 Technical Package will be opened on scheduled date & time as mentioned in tender document. If such scheduled date for opening of Tender is subsequently declared as a Public Holiday by the Employer, the next official working day shall be deemed as the date of opening of Technical Package. The Tender of any Tenderer who has not complied with one or more of the foregoing instructions may not be considered.

2 Technical Package of the Tender will be opened and submitted to Tender Evaluation committee for scrutiny.

3 Date and time of opening of financial package will be intimated to qualified agencies.

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1. 18 PROCESS TO BE CONFIDENTIAL 1 Except the public opening of Tender, information relating to the examination,

clarification, evaluation and comparison of tenders and recommendations concerning the award of Contract shall not be disclosed to tenderer or other persons not officially concerned with such process.

2 Any effort by a Tenderer to influence the Employer/Engineer in the process of examination, clarification, evaluation and comparison of tenders and in decisions concerning award of contract, may result in the rejection of the tender.

1. 19 CLARIFICATION OF TENDERS

Technical evaluation of technical packages submitted by tenderer shall be undertaken based on details submitted in the technical package only. No additional information in this regard will be sought from tenderer. Employer reserve the right to ask any clarification from tenderer for details submitted with technical package if it so desires during the technical evaluation.

1. 20 EMPLOYER’S RIGHT TO ACCEPT ANY TENDER AND TO REJECT ANY OR ALL TENDERS.

The Employer reserves the right to accept or reject any tender, and to annul the tender process and reject all tenders, at any time prior to award of contract.

1. 21 Availability of Tender Documents:

1 The tender documents can be obtained from the office of Manager (PT), DVB ETBF - 2002 on payment of tender cost in the form of DD/Pay Order in favour of DVB ETBF-2002. Tender fees shall be non refundable.

2 The tenderer has to submit tender documents strictly in two part bid system.

1. 22 EARNEST MONEY

1 Earnest Money is to be deposited in the form of DD/PO. No other mode is acceptable.

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2

Original EMD document (DD/PO) has to be submitted in a sealed envelope. The following particulars shall be clearly mentioned on the sealed envelope containing the EMD failing which the offer may be summarily rejected and the bid will not be considered :-

• Name of work,: SUPPLY OF MANPWER ON CONTRACT BASIS • Tender Number: PT/0001/2014-15 • Due date of opening, : __________________________ • Validity period of submitted offer:. 120 days • Detail of Earnest Money given as under: “DD/PO No.------, Date------, Amount Rs.--------(in words Rs.------), Name of issuing Bank” -- --- -EMD • Full Name and Address of the Tenderer. :

3 Earnest money is to be deposited by all tenderers, whether registered with DGS&D/NSIC/DVB ETBF - 2002 or other bodies except where Govt. has exempted certain classified bidders.

4 FIRST THE EMD ENVELOPE will be opened and in case Earnest money is not found of required amount or not in acceptable mode, then the technical and commercial bids will not be opened & the complete offer will be rejected.

5 i) Earnest money of all the technically disqualified tenderer will be refunded after opening of the financial bid of the tender.

ii) If the successful tenderer withdraws his tender with in validity period of one hundred and twenty days or makes any modification in terms and conditions of tender which are not acceptable to DVB ETBF - 2002, the DVB ETBF - 2002 shall without prejudice to any other right or remedy, be at liberty to forfeit the entire amount of the EMD.

ii) Fresh earnest money should be deposited in each case. No request for adjustment of Earnest money from any amount pending with the DVB ETBF-2002 shall be considered. The EMD of one tender case shall not be transferred / adjustable towards other tender however; on retender of the same case the EMD shall be adjustable.

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1. 23 ACCEPTANCE

The acceptance of the tender shall rest with the Secretary (Pension Trust) who does not bind himself to accept the lowest tender and reserves to himself the authority to reject any or all of the tenders received without assigning any reason. Further, Secretary (PT) reserves to himself the right to accept the whole or any part of the tender and tenderer shall be bound to perform the same at the rates quoted. All the tenders in which any of the prescribed conditions are not fulfilled or are incomplete in any respect shall be liable to rejected.

1. 24 CONTRACT PERIOD

The said contract will be initially for a period of one year commencing from the date of signing the contract which may be extended further for a maximum period of 01 year with same terms & conditions at the discretion of owner. However, in normal circumstances the Agreement is terminable by giving one month notice in writing by the company or 3 months notice by the contractor.

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PART - 2

GENERAL CONDITIONS OF CONTRACT

2. 1 i. ii. iii. iv. v. vi

In construing these general conditions and specification the following words shall have the meaning here in assigned to them unless there is something in the subject or the context in consistent with such constructions. ‘Owner’ shall be the CHAIRMAN, DELHI VIDYUT BOARD EMPLOYEES TERMINAL BENEFITS FUND - 2002 and shall include its legal personal representative /successors and assignees. The ‘contractor’ shall mean the tenderer whose tender shall be accepted by the owner and shall include legal Personal representatives, successors and assignees. The ‘Contract’ shall mean to include General conditions, specifications, scope of work, special terms & conditions, statutory rules, regulations and governing acts enforced in GNCTD for providing the manpowers on contract basis, any covering letters along with the tender documents and schedule or process as agreed between the parties. ‘Month’ shall mean calendar Month. ‘Writing’ shall include any manuscript, type written or printed statement under or over signature or seal as the case may be. ‘Person’ shall include firms, company, Corporation and Municipalities. Word imparting the singular only shall also include the plural and vice-versa where the context so required. Sites shall mean the site of DVB ETBF - 2002 as may be specified in the contract.

2. 2 SCOPE OF CONTRACT 1 After the tender is accepted all order of instructions to the supplier/service provider

shall be given by the Owner. 2 The contractor shall be deemed to have carefully examined the specification/ scope of

work and also to have satisfied himself as the nature and character of the work to be executed. Any information, thus had or otherwise obtained from the owner shall not in any way relieve him from service in terms of his contract.

2. 3 SUB-LETTING OF CONTRACT

The contractor shall not with hold, assign or sublet any part of his contract.

2. 4 POWER TO VARY OR OMIT WORK

No alteration, amendments, omissions, additions, suspensions or variations of the work under the contract as shown by the contract specifications shall be made by the

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contractor except when directed in writing by the purchaser/owner.

2. 5 CONTRACT PRICE

The contract prices shall be payable in INR.

2. 6 COMPLETION PERIOD

Completion period for this contract is initially for one Year from the date of start of supply of manpower which can be extended for further one year at the discretion of owner.

2. 7 PENALTY-CLAUSE

In the event of contract personnel being on leave/absent, the contractor shall ensure suitable alternative arrangement to make up for such absence. To meet such eventualities, the contractor shall make provision for `leave reserve; Failure on this account shall attract penalty double the wages payable by the Contractor for such absence.

2. 8 CONTRACTOR’S REPRESENTATIVE

On acceptance of the tender, the name of the accredited representative(s) of the contractor who would be responsible for taking the instructions from Secretary (PT) shall be communicated to the Secretary (PT) or his authorized representative along with the list of manpower to be deployed by the contractor for completion of the said work.

2. 9 RISK & COST 1 The work shall be completed satisfactorily and within the period specified in the order,

failing which the owner reserves the right to get the work done from other sources at the sole risk and cost of the supplier/contractor and the differential cost will be recovered from the contractor.

2 If the skilled/semi-skilled/un-skilled manpower supplied is found not to the satisfaction of the owner or fails to fulfill the guarantee performance of the contract as specified by himself, the contractor shall have to make good to replace the manpower at his costs. If the contractor fails to do so the DVB ETBF - 2002 may arrange supplies/works at the cost of the contractor.

3 In case there is no improvement in the proper execution of the order as per terms and

conditions of the contract, the DVB ETBF - 2002 reserves the right to cancel the order after serving one month written notice to contractor and no claim for damages will be entertained.

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2. 10 DEDUCTION FROM CONTRACT PRICES (RECOVERIES)

1 All costs, damages or expenses, which the owner may have paid or which under the contract, the contractor is liable, are to be deducted and recovered by the owner from money due or becoming due to the contractor from the owner by action of law or otherwise from the contractor.

2 In the event of recovery of the necessary extent becoming impossible, owing to in-sufficient security money and otherwise held amounts, the balance due to the purchaser/owner may be recovered in any way the DVB ETBF - 2002 may deem fit.

2. 11 TERMS OF PAYMENT

1 The Contractor shall pay the wages to the personnel through ECS/A/c’s payee Cheque on or before the 7th of every succeeding month, irrespective of delay in payment of Bill (if any) by the DVB ETBF-2002. Wages payable shall not be less than the minimum wages payment as declared by the Govt. of NCT of Delhi from time to time. If there is any increase / decrease in minimum wages, service tax or any other statutory provision, it will be payable accordingly, on demand, by the DVB ETBF-2002. Contractor shall submit worker’s EPF number and proof of submission of EPF, ESI etc as applicable every month along with the monthly bill with respect to all employees deployed by him at DVB ETBF - 2002. Payment of EPF, ESI etc. shall be reimbursed only upon submission of documentary evidence alongwith monthly claim. The contractor shall be allowed to claim service tax as per extent provisions of the service tax law. The owner shall be entitled to verify the deposit of service tax by the contractor against the bills claimed from owner.

2 A bill shall be submitted by the contractor each month on or before the date fixed by the Officer-in-Charge and the Officer-in-Charge shall duly verify the claim as far as admissible/ adjustment as far as possible before the expiry of 15 (fifteen) days from the presentation of the bill. 3. The payment shall be through electronic clearance system. For this Contractor have to provide their bank account no, Bank name, Branch name, RTGS/MICR/IFSC details along with the bills.

2. 12 RATES/ PRICE BID

1 All rates shall be quoted on the prescribed schedule of items. The amount for each item should be worked out and requisite totals given including all taxes and levies applicable at the time of quote. The rates shall be quoted in figures as well as in words.

2 While quoting the rate in schedule of quantities, the word ‘only’ should be written closely following the amount and it should not be written in the next line.

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3. However, if a discrepancy is found i.e. the rate does not correspond with the rates written either in figures or in words then the rates quoted by the contractor in words shall be taken as correct. Where the rates quoted by the contractor in figures and in words tally but the amount is not worked out correctly, rates quoted by the contractor will unless otherwise proved be taken as correct and not the amount.

2. 13 CONTRACTOR LIABLE FOR DAMAGE DONE.

If the Contractor or his working people or deployed manpower shall break, deface, injure or destroy any property or the owner or cause damage to the property of other and persons, the Contractor shall upon a receipt of notice in writing on behalf of DVB ETBF - 2002, make the same good at his own expense.

2. 14 ARBITRATION

In case of dispute, question or controversy the settlement of which is not specifically provided between the DVB ETBF - 2002/Board and the Supplier/ Contractor relating to this order contract, the matter in dispute shall be referred to the arbitration of Hon’ble Chairman, DVB ETBF - 2002 or his nominees. His/Their decision shall be final and binding on both the parties. The provision of Indian Arbitration & Conciliation Act,1996 as amended from time to time shall apply to such arbitration proceedings. Arbitration proceedings shall be held at Delhi and only Delhi courts will have Jurisdiction in the matter. Services under this order / contract shall continue not withstanding the existence of any such dispute / question/controversy during the arbitration proceedings and the payment due or payable by the Company /Board to the contractor shall be withheld on account of such proceedings unless such payments are the direct subject of such arbitration proceedings.

2. 15 CONSTRUCTION OF CONTRACT

1 The contract shall in all respects be construed and operate in conformity with the view of the Indian Union and all payment there under shall be made on Indian Rupee unless otherwise provided in the matter/ contract.

2 The charges in respect of getting and executing of the contract documents shall be borne by the contractor. The contractor shall be furnished with a stamped counterpart of the agreement.

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2. 16 LIABILITY FOR ACCIDENT & DAMAGES

The contractor shall be responsible for the loss/damages or depreciation to the work/services up to completion of work at site. The owner in accordance with the contract shall issue report of damages or loss within 14 days of the application for the same.

2. 17 BLACK LISTING

1 Any party making post tender development directly or indirectly may be black listed for a period of up to 5 years.

2

3

In case tenderer amends/modifies/revise/withdraws the prices/price structure of the offer without the consent of DELHI VIDYUT BOARD EMPLOYEES TERMINAL BENEFITS FUND - 2002 , after the tender opening and during the period of validity of their offer (i.e.120 days), the Earnest Money in full or part deposited by them shall be liable to be forfeited or their offer liable to be rejected. They shall also be debarred from participating in future tenders of DVB ETBF - 2002 for the period ranging from 1 to 5 years and shall be placed under Black List. In case, during the bid evaluation or after award of the work, any document submitted by the contractor/ successful bidder was found to be fraudulent/fake/fabricated, then DVB ETBF - 2002 reserves the full right to forfeit the submitted EMD/ Security Deposit amount along with blacklisting of the firm/company/party for period of maximum 5 years.

2. 18 CONDITION OF SITE AND LOCATION

1 Before quoting, the contractor shall inspect the site and fully acquaint himself about the condition in regard to accessibility of site, working conditions of site/offices required for the satisfactory execution of the Contract. No claim whatsoever on such account shall be entertained by the DVB ETBF - 2002 in any circumstances.

2 The contractor shall be solely responsible & shall ensure due compliance with the entire legal requirement concerning the workman employed by him under the provision of applicable labour and other legislations. In the event of the contractor committing any fault resulting in DVB ETBF - 2002 being required to insure any liability of expenses or DVB ETBF - 2002 being required to any notice/summons in this respect the same shall be entitled to recover from the contractor liability attached to it due to any proceedings and the contractor shall duly indemnify the owner.

2. 19 TERMINATION OF CONTRACT

DVB ETBF - 2002 reserves the right to terminate the contract after giving one month notice in case of performance of the contractor is not found satisfactory or on account

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of non-compliance of any of the condition of the contract or any decision of management of DVB ETBF - 2002. In such case the security deposit shall also be forfeited without prejudice to right of the DVB ETBF - 2002 to take any other action to recover any loss suffered by the DVB ETBF - 2002 due to non-performance of the contract.

2. 20 CONTRACTOR’S REPRESENTATIVE:

The contractor shall depute authorized representative or assign this job to skilled man for execution of the contract, who shall be available for communication during any time, and he shall represent the contractor in his absence & all directions given to him shall be binding on the contractor.

2. 21 ENTRY PASSES:

Contractor shall be responsible for antecedents of the workmen & for getting gate passes. Gate pass shall be issued to them by officer Incharge. No workman below the age of 18 years shall be employed on the work & labour so employed must be able-bodied persons. The right of entry of the contractor & his workmen in the stations will be reserved with DVB ETBF - 2002.

2. 22 Eligibility Criteria for Bidders

1 The firm/agency should be registered under NCT of Delhi for deployment of manpower services and a copy of the registration certificate may be submitted.

2 The bidder should have registered with Service Tax Deptt. and the bidder should have , EPF, ESI, VAT registration & PAN No.

3 a) Technical experience: The Bidder is required to attach copies of contracts/work orders which match the following.

The bidder should have Experience of having successfully completed similar works during last 7 years ending last day of month previous to the one in which bids are invited should be either of the following:-

i. Three similar completed works costing not less than the amount equal to 40% of the estimated cost. OR

ii. Two similar completed works costing not less than the amount equal to 50% of the estimated cost. OR

iii. One similar completed works costing not less than the amount equal to 80% of the estimated cost.

SIMILAR WORKS :

Similar works means the “Providing of Skilled/ Semi-skilled/Un-skilled manpower in

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any Govt. depts. / Govt. Undertaking.

(b) The Bidders are required to submit copies / details of experience along with satisfactory past performance completion certificates for the purpose of technical evaluation as per “Annexure – VI”. The tenderers should furnish copies of order and performance reports/ completion certificate of these items.

Notwithstanding anything above the DVB ETBF - 2002 reserves the right to assess the bidder's capability and capacity to perform the work and to relax the qualifying requirement should the circumstances warrant such relaxation in the overall interest of the DVB ETBF - 2002.

4 Financial Position: - Average annual financial turn over of the tenderer during the last three years, ending 31 March of the previous financial year, should be at least 30 % of the estimated cost.

The bidders shall submit audited Annual Financial Report (Balance Sheet and Profit & Loss A/c) of last three years. In case audited balance sheet of the last financial year is not made available by the bidder, he has to submit an affidavit certifying that ‘the balance sheet has not been audited so far’. In such a case the financial date of previous ‘3’ audited financial years will be taken into consideration for evaluation. However unaudited financial results for that year should be submitted.

PART - 3 ADDITIONAL INSTRUCTIONS FOR TENDERS

3. 1 The tenders should be valid for period of 120 days from the date of opening of price bid,

failing which the tenders will be summarily rejected.

3. 2 Tenderers are requested to submit the price schedule and the appendices dully filled in as required and should strictly followed the instructions notes supplementary there to facilitate the DVB ETBF - 2002 to prepare comparative statement.

3. 3 In case of ambiguous or contradictory terms/conditions mentioned in the tender, interpretations as may be advantageous to the DVB ETBF - 2002 will be taken without any reference to the tender or clarifications shall be sought by owner from contractor(s).

3. 4 The DVB ETBF - 2002 shall not be bound to accept the lowest or any tender and reserves

to himself the right of accepting the whole or any portion, if any, tender as he may think fit without assigning any reason for non-acceptance or selection.

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3. 5. Any action on the part of the tenderers to revise the cost/costs and/or to change the structure of cost/costs at his own instance after the opening of the tender may result in rejection of the tender and/or debarring the tendered for participating in purchaser of the DVB ETBF - 2002 for a period which may be upto 5 years.

3. 6 Tender documents appended hereto should be filled in completely by the tenderers and

submitted along with tender otherwise their bid is liable to be rejected. 3. 7 The tender should furnish the details of their experience and statement of past/current

services to this tender in the following form. Copies of orders and performance reports for supply manpower, from Govt. Departments also be given with Part-I of the Tender. The tenderer should have necessary infrastructures to carry out entire job and should possess all trained manpower for execution of works.

PART - 4

Special Terms & Conditions:

1. The said contract will be initially for a period of one year commencing from the date of signing the contract which may be extended further for a maximum period of 01 year with same terms & conditions subject to mutual consent of both the parties and subject to satisfactory performance of contract. However, in normal circumstances the Agreement is terminable by giving one month notice in writing by the company or 3 months notice by the contractor.

2. The Contracting Agency shall render the following Clerical / Non-tech. Staff to DVB ETBF - 2002:

Description of contract manpower Quantity

Computer operator cum-office assistants (Graduate in any discipline and above). 08

Office Attendant (Matriculate) 03

Office Attendant (Non-Matriculate) 03

However the requirement of manpower may vary at the discretions of owner. 3. The working hours of hired manpower should be as per their place of deployment. 4. The personnel deployed shall be healthy, active and 18-50 years of age. Nobody shall have any communicable diseases.

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5. The personnel deployed by the contractor shall be smartly dressed, disciplined & obedient.

6. The contractor shall bear all expenses regarding uniforms, preparation of their Identity card, compensations, wages and allowances (DA), PF, ESI, Bonus, Gratuity and Bank Account as applicable relating to personnel engaged by them and abide by the provisions of various labour legislations including weekly off and working hours. The Contractor shall pay the wages to the personnel on or before the 7th of every succeeding month, irrespective of delay in payment of Bill by the company for whatever reason. Wages payable shall not be less than the minimum wages payment as declared by the Govt. of NCT of Delhi from time to time. If there is any increase / decrease in minimum wages service tax or any other statutory provision, it will be payable accordingly by the company. Contractor shall submit workers EPF number and proof of submission of EPF, ESI etc as applicable every month along with the monthly bill with respect to all employees deployed by him at DVB ETBF - 2002. Payment of EPF, ESI etc. shall be reimbursed only upon submission of documentary evidence alongwith monthly claim. The contracting agency shall specifically ensure compliance of various Labour Laws/Acts including but not limited to with the following and their re-enactments/amendments/modifications.

a) The payment of wages Act 1936

b) The Employees Provident Fund Act, 1952

c) The Factory Act, 1948

d) The Contract Labour (Regulation) Act, 1970

e) The Payment of Bonus Act, 1965

f) The Payment of Gratuity Act, 1972

g) The Employees State Insurance Act, 1948

h) The Employment of Children Act, 1938

i) The Motor Vehicle Act, 1988

j) The Minimum Wages Act, 1948

7. Replacement of personnel as required by the company will be effected promptly by the Contractor; if the contractor wishes to replace any of the personnel, the same shall be done after prior consultation with the company. The full particulars of the personnel to be deployed by the contractor including the names and address shall be furnished to the company along with testimonials before they are actually deployed for the job.

8. In case of any loss that might be caused to the company due to lapse on the part of the personnel deployed by the manpower agency discharging their responsibilities, the such loss shall be compensated by the contracting Agency and in this connection, the company shall have the right to deduct appropriate amount from the bill etc. to make good of such loss to the company besides imposition of penalty. In case of any deficiencies/lapses on the part of the personnel deployed by the contractor, the company shall be within its right

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to terminate the contract forthwith or take any other action without assigning any reason whatsoever.

9. In case of a death or mishap occurred during discharging the duty, the compensation liability will rest solely with the Contractor.

10. That Contractor’s authorized representative(Owner/Director/ Partner/ Manager) shall personally contact Head of the DVB ETBF - 2002 at least once a month to get a feedback on the services rendered by the contractor viz-a-viz corrective action required to make the services more efficient

11. In the event of contract personnel being on leave/absent, the contractor shall ensure suitable alternative arrangement to make up for such absence. To meet such eventualities, the contractor shall make provision for `leave reserve; Failure on this account shall attract penalty double the wages payable by the Contractor for such absence.

12. The successful bidder will have to submit security deposit through Demand Draft/pay order/B.G. in favour of DVB ETBF - 2002 which would remain with DVB ETBF - 2002 during the contract period and no interest shall be payable on the Security Deposit amount.

13. If at any point of time it comes to the notice of the company that the contract personnel deployed are different from the list provided, company will be well within its right to impose penalty upto five times the wages payable to contractor for each such personnel identified.

14. The contract personnel deployed by the contractor shall have the required qualification. In case of non-compliance/non-performance of the services according to the terms of the contract, the company shall be at liberty to make suitable deductions (ranging from 2% to 10%) from the bill without prejudice to its right under other provisions of the contract.

15. The contractor shall be solely liable for all payment/dues of the workers employed and deployed by him with reliable evidence provided to the owner. In the event, owner makes any payment or incurs any liability, the contractor shall indemnify the owner completely;

16. In case of any dispute arising out of this agreement then Chairman, DVB ETBF - 2002 shall nominate a sole arbitrator to adjudicate upon the issue involved in the dispute and the provisions of the Arbitration Act shall be applicable.

17. In case of any dispute with regard to providing services and interpretation of any clause of the Agreement, Delhi Court will have the jurisdiction to settle and decide all the disputes.

18. Income Tax/ TDS as per rules shall be deducted from the bills of the contractor as per applicable laws.

19. As and when the owner requires additional contract personnel on temporary or emergency basis, the contractor will depute such personnel in accordance with pro-rata rates. For the same, a notice of two days will be given by the company.

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20. Any violation of instructions/agreement or suppression of facts will attract cancellation of agreement without any reference.

21. In case the DVB ETBF - 2002 suspects or finds any work is entrusted to any sub-contractor on piecemeal basis or on regular terms, the DVB ETBF - 2002 reserves the right to terminate the contract without assigning any reasons.

22. Personnel engaged on day-to-day works should not be utilized for carrying out the occasional work for which contractor has to engage extra personnel.

23. The contractor will be held wholly responsible for any action taken by statutory bodies for violation/non-compilation of any such provision/rule.

24. The contractor should maintain all the records and documents under various labour laws applicable to contract labours/personnel and also Shops & Establishment Act./Rules applicable to his/her establishment and make them available at the DVB ETBF - 2002 at all times.

Indicative list of such records is given for example: (a) Register for Workmen, (b) Employment card (to be issued to workers), (c) Muster Roll, (d) Register for wages, (e) wage slip, (f) OT register etc.

25. The above records and the following returns filed by the contractor have to be produced to DVB ETBF - 2002 on demand and original/ photocopies of these records should be handed over after completion of the contract.

(a) Return in form 5, 10 & 12 A which is submitted monthly under the provisions of the Employees’ Provident Funds & MP Act, 1952.

(b) Summary of contribution (form 5) under Sec. 44 Regulation 25 of the ESI Act, 1948. Also the return filed under Sec. 44, Regulation 26 of the said Act along with the monthly return.

(c) Half yearly return in form XXIV under Rule 82(1) of the Contract Labour (R&A) Act, 1970.

(d) Annual return filed in form 3A/6A under the Employee’s Provident Funds & MP Act, 1952.

(e) Annual Return in form III Rule 21(4 A) of the Minimum Wages Act, 1948

(f) Any other applicable return.

26. The contractor should obtain a Licence from Central Labour Commissioner to engage the Contract labour/personnel as per Contract Labour Act within a period of one month from the date of award of contract by the DVB ETBF - 2002.

27. The contractor shall ensure that the payment of wages to his workmen deployed for carrying out his contractual obligations shall not be less than the minimum wages prescribed by State/Govt. of NCT of Delhi notified minimum wages, from time to time, as applicable during the contract period. The contractor should ensure payment of wages to

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his workmen on or before 7th of every succeeding month through cheque or ECS mode. The wages shall be paid to workmen without any deduction except those under the payment of Wages Act and Minimum wages Act.

28. The DVB ETBF - 2002 reserves its rights to withhold bills, if the contractor fails to produce proof for having remitted the ESI/PF dues with monthly bills.

29. The contractor must submit copy of voter IDs/ other valid proof of residence, and proof of qualifications in r/o contractual manpower.

30. If any of the personnel of the contractor indulges in theft or any illegal/irregular activities, misconduct, the contractor will take appropriate action as per law and rules against its erring personnel in consultation with this office and intimate the action taken to this office. If need be, an FIR should be lodged against the erring personnel. Such personnel who indulges in such type of activities, should not be further employed in this office by the contractor in any case.

31. Whenever there is a duplication of clause either in the terms and conditions or in the agreement, the clause which is beneficial to the DVB ETBF - 2002 will be considered applicable at the time of any dispute/following any statutory rules.

Note: These terms and conditions are part of the Contract/ Agreement as indicated in the Agreement between DVB ETBF - 2002 and the Agency and any non-compliance shall be deemed as breach of the Contract/Agreement.

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ANNEXURE –I

CHECK LIST FOR THE TENDER

To be submitted along with tender compulsorily.

Note: Replies against each item should be complete without any ambiguity; strike out whichever is not applicable. Terms such as refer covering letter etc. shall not be acceptable unless the replies / information are specific and complete.

Serial Clause No

1

Have you attached copy of completely filled “tender form/undertaking”

: Yes/No

2

Whether price is quoted against each item in the price bid available with the tender?

: Yes/No

3

Have you attached copy of original EMD document as per clause 1.22 of Part-1?

: Yes/No

4

Are you prepared to accept order for bigger quantity? If so, to what extent?

: Yes/No

If Yes up to…………………………….

5

Whether “Annexure-III - Deviation statement” is attached to the tender document?

: Yes/No

6

Have your attached copies of past work orders placed to your company/organization for similar

works as in this tender document? as per clause no 2.28.4(a)

: Yes/No

7 Have you attached the copies of service-tax registration certification or not?

: Yes/No

8 Do you agree to furnish security deposit if order is placed upon you?

: Yes/No

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9 Have you attached the copies of PAN card : Yes/No

10 Have you attached copies of EPF registration? : Yes/No

11 Have you attached copies of ESI registration? Yes/No

12 Do you agree to all clauses of our General

Conditions of our tender documents attached? : Yes/No

13

If you do not agree to any/all the clauses in the PART 1 & Part 2 of this tender document, please

state clearly the clause which you do not agree and state the modification in respect of clauses of which

you do not agree in the deviation statement.

: Yes/No

14

Have you attached copies in reference to financial details required for last 03 years as per clause no

2.28.5 ? (Annual Report ,balance sheet and profit & loss account)

: Yes/No

15

Have you submitted Valid License issued in respect of previous employers by Regional Labour Commissioner (i.e. Govt. of NCT of Delhi).

Yes/No

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ANNEXURE –II

The commercial terms and conditions of the tender as given in the following format, strike out whichever is not applicable

1 Prices (firm) : Yes/No

2 Rates of Service Tax chargeable or exempted. : Yes/No

3 Payment Terms : Yes/No

4 (i) Whether P.S.U.’s/Govt. Undertaking or Department. : Yes/No

5 (ii) Earnest Money deposited : Yes/No

Validity offered – 120 Days : Yes/No

6

Whether the contractor has quoted prices in accordance with the conditions of contract. The contract prices shall be inclusive of all taxes, charges, statuary levies and discount for the entire portion of the contract. The contract prices

shall be payable in the Indian currency. Incomplete or conditional quotations or rates quoted in the format other than specified format shall be summarily rejected. Price quoted must be given in strictly in the prescribed format.

: Yes/No

7 Agreed for liquidated damages clause : Yes/No

8 Agreed for security deposit Yes/No

9 Performance Bank Guarantee Clause if applicable acceptable : Yes/No

10 Copy of STRC & PAN No. attached Yes/No

11 Copy of PF deposited attached : Yes/No

12 Rate of Education cess if any must be mentioned and also to state whether it is over and above the base price or included in the cost

Yes/No

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ANNEXURE-III

SCHEDULE OF DEVIATIONS FROM SPECIFICATIONS

In this annexure bidder shall indicate clause wise deviations from specifications.

Serial Clause No Details of Deviation Reasons/Justifications for Deviation

1

2

3

4

5

6

7

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ANNEXURE-IV

Information regarding current litigation/ arbitration cases :

S. No. Name of Parties concerned Cause of litigation and matter in dispute

Disputed amount

Signature of Contractor

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ANNEXURE-V

FORM OF AGREEMENT

(Referred to the clause 1.9)

This agreement made on the -----------------------------day of 2014 / 2015 between ------------------------------------------------------- (hereinafter referred to as the contractor) of one part and the DVB ETBF-2002 (hereinafter called the Owner of the other part).

Whereas the owner is about to attend the work of ………………………. . (hereinafter called the works) and for the purpose required and specified certain general conditions, specification, and schedule of prices in the purpose of identifications has been signed by -------------- on behalf of the contractor and the officer-in-charge of the owner on behalf of the owner which are deemed to form part of the contract though separately set out herein and are included in the expression of contract whenever herein use.

And whereas the owner has accepted the tender of the contractor for attending the work of …………………………………. upon the terms and subject to the conditions hereinafter mentioned.

Now these present witness and the parties hereto hereby agree and declare as follows that is to say in consideration of the payments to be made to the contractor by the DVB ETBF - 2002. (as hereinafter mentioned as owner) shall and duly inform the said work on the terms and conditions mentioned in the contract.

And in consideration of the provision of the said works by the contractor and due performance of this contract the owner does hereby for himself, his successor of assigns contract with the contractor that the (the owner) his successors or an assignee will pay to the contractor the said sum of or such other sums as may become payable to the contractor under the provisions of his contract such payments to be made at such time and in such manner as is provided by his contract.

In witness there of the parties hereto have signed this deed hereunder on the dates of respectively mentioned against the signature of each.

SIGNED SIGNED CONTRACTOR

For and on behalf of the Owner In the presence of

By in the presence of Date:

Date:

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ANNEXURE – VI

DETAILS OF EXPERIENCE AND STATEMENT OF PAST / CURRENT WORKS.

S.NO. NAME & ADDRESS OF ORDERING AUTHORITY

ORDER CONTRCAT NO. AND DATE

PARTICULARS OF ORDER MATERIAL WITH BRIEF SPECIFICATION

ORDER QTY.

QUANTITY SUPPLIED WITH DATE

LETTER NO. AND DATE OF PERFORMANCE CERTIFICATE

REMARKS

1.

2.

3

4

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Tender No. PT/0001/2014-15

ANNEXURE – VII

Break-up of the rates quoted in price schedule by bidder

Description of all Taxes and other charges which are included in Price schedule

S. No.

Items/ description of works

rate of wages quoted (Minimum wages as per GoNCTD)

EPF charges (in(%)if included

ESI charges (in %) if included

Other statutory charges if any included

Rate of service tax(in %) if included

Service charges(in %) if any

Total unit rate (i.e. rate quoted in price bid inclusive of all elements.

1

2

3

4

5

6

7

8

9

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PRICE SCHEDULE

Tender No. PT/0001/2014-15

Name of work : SUPPLY OF MANPOWER ON CONTRACT BASIS at various offices of DELHI VIDYUT BOARD EMPLOYEES TERMINAL BENEFITS FUND – 2002, Delhi.

S.No.

Description Unit (Per month)

Qty. (Months)

Unit Rate in figure(Rs.) & in words

Amount in figure(Rs.) & in words

1 8 nos. Computer operator cum-office assistants (Possessing Degree in any discipline and above ) for one year (08 nos.X 12 months = 96 Months)

Each 96

2 3 nos. Office attendants ( Matriculate)for one year (03 nos. x 12 months = 36 months

Each 36

3 3 nos. Office attendants (Non-matriculate) for one year (03 nos. x 12 months = 36 months)

Each 36

4 Service charges, if any Each 1

Total:

Note: The price quoted, above in price schedule format, should be inclusive of all taxes & duties, EPF, ESI etc. But other applicable overhead charges and their details must be given separately as per Annexure-VII at the time of submission of the price bid. Total Quoted Cost in words (Rs_______________________________________________________________) I / We have read the terms and conditions, specifications of quantities of the work and agreed to abide by them I/We agree to carry out the above work at the rate mentioned against each item. Signature & Seal of the Contractor