ongc petro additions limited · 2020. 10. 1. · agmark/ food safety and standards authority of...
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E Tender No.2010C00542 Hiring agency for providing facility management services (Canteen, Pantry, Housekeeping with utility vehicle
To, Date: 01.10.2020 _____________________ _____________________ _____________________ Subject:
1. Reply/ Response/ Clarification to Bidders’ Queries 2. Amendment – 1 to the tender document no.2010C00542
E Tender No: 2010C00542 Services: Hiring agency for providing facility management services (Canteen, Pantry,
Housekeeping with utility vehicle) at OPaL, Dahej
This is reference to our Tender Document no.2010C00542 and pre-bid conference held on 15.09.2020.
Response to bidders’ query along with Amendment is attached herewith for your information. This document is the part of tender document and must be submitted, duly self-attested, along with the bid document.
Please note that closing date and time for bid submission is extended up to 15.10.2020, 1400 Hrs. & Prequalification bid Opening is on 15.10.2020, 1500 Hrs.
This is for your information and necessary action.
For, ONGC Petro additions Limited
Materials Management
Enclosures: Attachment 1: Reply/ Response/ Clarification to Bidders’ Queries Attachment 2: Amendment – 1 to the tender document no.2010C00542 Attachment 3: Legal and statutory compliances with guidelines regarding compliance of labour laws for the service provider Attachment 4: Penalty Clause in Special Conditions of Contract
ONGC Petro additions Limited 4thFloor, 35, Nutan Bharat Co-operative Housing Society Limited, R.C. Dutt
Road, Alkapuri, Vadodara -390011
E Tender No.2010C00542 Hiring agency for providing facility management services (Canteen, Pantry, Housekeeping with utility vehicle
Attachment-1
Response to Bidders’ Queries
Sr. No.
Page No. & Clause No.
Clause details
Changes/ modifications proposed by the Bidders
OPaL's Response
1 Page No 10 & Clause 5.2
Bid Security The Bidders Must Enclose BID security The Bidders must enclose bid security of Rs.22,34,900/- with the Prequalification bid and submit as per clause no.4 at page no.3 of tender document. BID security Amount seems Very High Request to reduce the amount.
No Change
2 Page No 12 Clause 10.1
Performance Security
The Successful Bidder shall furnish the Performance Guarantee @ 11.8% of Annualized Agreement Value as under. 11.8% of annualize agreement seems very high , please reconsider.
No Change
3 Page 41 Appendix – 16 to annexure I,
Integrity Pact: Section 4
If vendor is disqualified by Client under the terms mentioned in section 3 (which is related to transgression which means An Act that goes against a Law or code of conduct/offence) then our earnest Money will be fortified. Further if Client has terminated the under section 3 then security deposit or Bank performance Guarantee will be fortified. Please modify the clause and don’t fortified the money.
No Change
4 Page no 48 Clause 7.0
Performance Security
Accept full responsibility for the satisfactory quality. Quality will define Objective and need to monitor by detail Key Performance Indicator.
No Change
5 Page No 50 Penalty Clause 12 there is Penalty which shall be equivalent to direct damage suffered by client. 6 pointer are mentioned which is to be noted. Any other deduction is on the sole discretion of Client. It is requested that any penalty/deduction should be mutually discussed then to be implemented. Further in the same clause it mentioned that if penalty/ deduction is more than
No Change
E Tender No.2010C00542 Hiring agency for providing facility management services (Canteen, Pantry, Housekeeping with utility vehicle
the amount to be paid by client to Service provider then client will invoice the same to us and if we default by 7 days then there is 12% P.A interest will be charged.
6 Page No 50 Penalty Further in the same clause it mentioned that if penalty/ deduction is more than the amount to be paid by client to Service provider then client will invoice the same to us and if we default by 7 days then there is 12% P.A till the full recovery of Outstanding amount of invoice /debit note. Please remove this clause it is completely unacceptable, all penalty should be mutually discuss & agreed.
No Change
7 Page No 54 General Terms & Condition Clause 15
General Terms & Condition
If the SERVICE PROVIDER is unable to mobilize/ deploy and commence the services within the period specified in sub clause 15.1 above, it may request OPaL for extension of the time with unconditionally agreeing for levy and recovery of LD. Upon receipt of such a request, OPaL may at its discretion, extend the period of mobilization and shall recover from the SERVICE PROVIDER, as an ascertained and agreed Liquidated Damages, a sum equivalent to 1/2% of Annualized Agreement Value plus applicable GST, for each week of delay or part thereof, subject to a maximum of 10% of the Annualized Agreement Value plus applicable GST. Please reconsider this clause, we will do the mobilization as per mutual agreement terms.
No Change
8 Page no 54 Clause 16.2 of
Price of Service
There is no guaranteed minimum work or payment under this SERVICE AGREEMENT. Payment will strictly be for services actually rendered. In case of any increase/decrease in scope of work, addition/ deduction in payment will be made on pro-rata basis. Compass has considered the given consumption into tender seek the same as the minimum
No Change
E Tender No.2010C00542 Hiring agency for providing facility management services (Canteen, Pantry, Housekeeping with utility vehicle
guaranteed consumption numbers for billing purpose, if above number will be reduced ask for the extra support cost.
9 Page No 57Clause 20.2 of General Terms & Condition:
Termination on account of force majeure
Vendor termination right to us apart under Force Majeure. Vendor may terminate this Agreement without cause upon giving at least ninety (90) calendar days’ written notice to the other party. For the avoidance of doubt, such termination shall be at no cost to either party, other than the respective rights and liabilities of the parties that have accrued prior to the date of termination.
No Change
10 Page no 58 Clause 21.1
Foreclosure of Service Agreement
OPaL shall have the right to foreclose this Service Agreement at any time during the tenure of the service agreement without assigning any reason whatsoever by giving notice of minimum 30 (thirty) days. Either party shall have the right to foreclose this Service Agreement at any time during the tenure of the service agreement without assigning any reason whatsoever by giving notice of minimum 30 (thirty) days For the avoidance of doubt, such termination shall be at no cost to either party, other than the respective rights and liabilities of the parties that have accrued prior to the date of termination.
No Change
11 Page no 58 clause 21.2
Forceclosure of Service Agreement
Notwithstanding any other right or remedy available to OPaL, in the event of this Service agreement being terminated by OPaL under Clause 20.0 hereof above except Clause 20.2 (Termination on account of force majeure), OPaL shall have the right to forfeit the security deposit. Forfeit of security is not acceptable , Please revised this clause
No Change
12 Page No 59 23.3 b
Limitation of liability:
The maximum aggregate liability of Service Provider for any reason whatsoever related to this Service
No Change
E Tender No.2010C00542 Hiring agency for providing facility management services (Canteen, Pantry, Housekeeping with utility vehicle
Agreement/ Contract or in connection with the services to be provided by the Service Provider shall be limited to the total Contract Price provided however that nothing in this Agreement attempts to limit or exclude Service Provider’s liability for fraud, wilful misconduct or any other type of liability that under applicable law cannot be limited or excluded. Revised clause - The maximum aggregate liability of Service Provider for any reason whatsoever related to this Service Agreement/Contract or in connection with the services to be provided by the Service Provider shall be limited to the Yearly Contract Price provided however that nothing in this Agreement attempts to limit or exclude Service Provider’s liability for fraud, wilful misconduct or any other type of liability that under applicable law cannot be limited or excluded.
13 Page 60 Clause 27.4
Arbitration Arbitration charge in case both party shall decide. Arbitration in any case both party shall decide on appointing an arbitration on any evaluation as mentioned.
No Change
14 Page no 63 clause 30
Secrecy Addition into secrecy clause, service provider IPR should also protect. The Intellectual Property Rights (“IPR”) of the respective parties shall continue to vest with respective owners thereof, even if disclosed to the other party for attaining the objectives of this Agreement and nothing herein shall mean nor shall be construed to mean that they are at any time assigned, licensed or otherwise alienated to the other party, nor the other party shall be entitled to claim any right, title or interest therein, at any time. Subject to above, both parties agree that neither party shall use IPR of the other party.
No Change.
E Tender No.2010C00542 Hiring agency for providing facility management services (Canteen, Pantry, Housekeeping with utility vehicle
15 Page no 67 Clause no 1.2 C
SOW OPaL shall provide one time utensil items. The replacement of the material of same quality would be done by the Caterer and accordingly maintain and update stock. Required clause - Permissible limit for damage/missing 5% monthly. In case of deviation, Service provider will replace the shortfall of same brand at his own cost. This will be based on the discussion with EIC.
No Change.
16 Page no 67 Clause no 1.2 D
SOW The Service Provider shall provide brand new Crockery & Cutlery Items as required by OPaL from time to time (Refer Appendix-5 to ANNEXURE III) for Pantry Services throughout the Contract Tenure. Please clarify - if it is OPAL requirement then cost will be born by OPAL.
Already given provision to load cost of said expenditure in Admin Expenditure in the price Format.
17 Page no 67 Clause no 1.2 e
SOW The Service Provider shall make 19.5 kg industrial cooking gas arrangements. OPaL shall reimburse refilling cost on actual expense for Max 100 cylinder per month. Permission of Storage of LPG cylinder is upto 05 nos only. Required clause – all the fuel cost will be reimburse on actual basis.
No Change.
18 Page no 67 Clause no 1.2 f
SOW The Service provider shall arrange their staff accommodation, transportation, Uniform, PPE etc. For the accommodation, we request please provide the space, Service provide will arrange the porta cabin for the same.
No Change.
19 Page no 68 clause 1.5
SOW Consumables, Raw Materials and food stuff as per best/brand provided shall be as approved by OPaL (Refer Appendix-3 to ANNEXURE III) subject to food items being as approved by regulating authorities of India i.e. ISI/ AGMARK/ Food Safety and Standards Authority of India (FSSAI). Compass required the flexibility to provide any of the i.e. ISI/
No Change.
E Tender No.2010C00542 Hiring agency for providing facility management services (Canteen, Pantry, Housekeeping with utility vehicle
AGMARK/ Food Safety and Standards Authority of India (FSSAI). May it differ as per given appendix -3 to annexure III.
20 Page no 68 Clause 1.22
SOW The Caterer shall install Canteen Management System with necessary IT support to capture online orders, services consumed i.e. electronic counting of the services delivered, status of the stock items with expiry date. The cost of the system shall be borne by the Service Provider. The system has to be fool proof. Please suggest how we will charge the cost for the same, we recommend on actual basis.
Service Provider shall purchase/ implement Canteen management system (Hardware & Software) as per feature given in SOW. This shall include any place like pantry points, Dining Location, and any other place. Service Provider shall handover Hardware & Software to OPaL after end of contract.
21 Page 69Clause 2.13 e
SOW Segregation, Collection and appropriately dispose of food waste etc. as required by OPaL. Where we need to dispose the food waste.
As of now, Outside OPaL premises. Service Provider may hire appropriate vendor from outside to dispose as per rule & Regulation.
22 Page no 73 clause no 4.4
SOW The vehicles should not be older than one years old from the date of deployment. We request you please give the leverage to provide good condition vehicle approved by EIC, it should not linked with age of the vehicle.
No Change.
23 Page no 73 Clause no 5.3
SOW The service provider hire Nutritionist/ Dietician service on monthly basis while finalizing food Menu. Nutritionist/ Dietician shall visit Monthly basis and provide his/her service. Please confirm how we need to charge for dietician visit charge.
Service provider shall arrange certified Nutritionist monthly visit. Cost may be load in administrative Charges.
24 Page no 73 clause no 5.5
SOW Vendor to ensure vaccination of Typhoid, Hepatitis & deworming treatment to food handlers/canteen staff post pre-employment medical fitness (during the work phase at OPaL Canteen). As per FSSAI no Vaccination is required, if additional requirement then we will charge on actual basis.
Service Provider may load expenses in Sr. No. 1 to 6, 8.1 & 8.2 in Price format as per required frequency in SOW & SCC.
25 Page no 76 clause 2menu
Sample Menu with Rates
Green Tea - @ Rs.5. Green Tea – Rs.5 is low , Please
No Change.
E Tender No.2010C00542 Hiring agency for providing facility management services (Canteen, Pantry, Housekeeping with utility vehicle
relook 26 Page no 76
clause 2 menu Sample Menu with Rates
Coffee/ Milk with Malt. Please relook into the pricing, Rs.6 is very low.
No Change.
27 Page no 76 menu
Sample Menu with Rates
Breakfast menu, Lunch/ dinner. Menu item & grammage should be mutually discuss & decide
No Change.
28 Page no 91 clause 4.3
SCC CPI Inflation – proposed annually. In case of exceptional circumstance the given rate revision formula will be consider.
No Change.
29 Additional clause
(a) Protect Brands and other Intellectual PropertyThe Intellectual Property Rights (“IPR”) of the respective parties shall continue to vest with respective owners thereof, even if disclosed to the other party for attaining the objectives of this Agreement and nothing herein shall mean nor shall be construed to mean that they are at any time assigned, licensed or otherwise alienated to the other party, nor the other party shall be entitled to claim any right, title or interest therein, at any time. Subject to above, both parties agree that neither party shall use IPR of the other party.
No Change.
30 Page No.10 of 98Clause No. 5.0
Bid Security Clarification reqd. Clarification required for the Point. EMD submission is required for MSEs
No Change. There is no exemption for MSEs for EMD submission.
31 Clause 4.0 of SOW of Page 72 of 98
SOW Clarification required. Equivalent to Mahindra Pick Up Van Mentioned. Please clarify Mahindra Jeeto/ Mahindra Bolero can be used in place of Mahindra Pick Up Van
Mahindra Pick up Bolero with Modified Covered Body (All Weather condition) with Racks and Bins.
32 Appendix -2 to Annexure III Page No. 77 of 98
Sample Menu with Rates
Special Festival Menu. Clarification required - Number of Festival Menu provided in one year. Number of time have to be provided the Festival Menu in a year.
12 Festival in year
33 Page 78, Appendix-3
Raw Material Brand
Cooking Oil Mentioned Twice. Please clarify: Sunflower oil/Groundnut Oil/ Musturd Oil
We shall use both Sunflower oil and groundnut oil major recipe. Mustard oil shall be used as per recipe requirement.
34 Page 69 Clause 2.5
SOW, List of Crocery & Cutlery
Bottles will be in the capacity of OPaL/ Service Provider. The bottles have only a life span
OPaL shall provide water bottles.
E Tender No.2010C00542 Hiring agency for providing facility management services (Canteen, Pantry, Housekeeping with utility vehicle
of 3 months. Please clarify. 35 Page no 81,
84, 86 Required Service Personnel
Please clarify about the attendance. If a persons work in a full month, his attendance will be 25 / 26 / 27 depending upon the months and Weekly Offs.
Service provider has to follow labour compliance according to applicable laws.
36 Page 69, Clause 2.3
SOW Please clarify Vending Machines will be provided by whom. It will be provided by OPaL/ Service Provider.
OPaL shall provide snacks vending machine.
37 Page 88 Price format For Ex. Rate of Meals Dish is Rs.35/- and if Rs.15/- subsidized Part and will be complied with GST as per the regulations of Opal. In the example the non subsidized Part ie, 20/- to be collected via electronically from employees, it will be directly come in our account. And the GST Liability for this amount can be collected from employee. Ie, it will be possible to collect Rs.21/-Please clarify
Services for which payment is made directly by the Company i.e. OPaL to Vendor would qualify as Zero rated benefits under SEZ. However, Non Subsidy part of cost collected by the Vendor from Employee/ Contract workers / drivers etc. would be subjected to GST. Vendor needs to take their tax consultants view on the implication and no separate GST would be paid by Employee/ contract worker. OPaL would be providing GST registration copy to successful bidder and the required declaration for the Zero rated benefits under SEZ for the payments made directly by the Company i.e. OPaL to Vendor.
38 Page 69 Clause 1.25
SOW We understand that the meal quantities provided in the e-tender document (Page 69) are pre-Covid quantities provided by OPAL. Please confirm if we can assume the same quantities for our pricing and will not be affected by Covid-19 impact
There is no guaranteed minimum work or payment under this service agreement.
39 Page 96 Clasue B.2.1
Submission and Closing of Bids
Due to unprecedented Covid-19 times, we request virtual submission of all technical documents and commercial submission on the OPAL e-tender portal as hard copy submission via courier will be delayed. Please confirm the same
No Change.
E Tender No.2010C00542 Hiring agency for providing facility management services (Canteen, Pantry, Housekeeping with utility vehicle
40 Page 56 clause 19.5
Change in Law
GCC - Owning to the drastic changes in government regulation such as change in central minimum wages, taxation, DA revisions, etc., will OPAL reimburse the differential wages to the vendor and ok to accommodate the “Change in Law” provision over the contract period
Please refer special conditions of contract and general conditions of contract of the tender document.
41 Page 58 Clause 22.0
Force Majeure
GCC- In case of an event of Force majeure, if Force Majeure continues for a period of more than two months, will the contractor also have a right to terminate the contract?
No Change.
42 Page 97 Clasue C.6
Taxes and Duties
Pt C.6 para 1 (Page 97) of the e-tender document claims that project falls under SEZ notified area and claims exemption from GST – Request you to share OPAL’s GST registration certificate copy and will OPAL be providing a declaration stating all supplies made under this contract/project by the bidder is used for their authorized operation and qualifies for supplies without payment of tax? This declaration is important as all supplies made to SEZ do not qualify for exemption
Services for which payment is made directly by the Company i.e. OPaL to Vendor would qualify as Zero rated benefits under SEZ. However, Non Subsidy part of cost collected by the Vendor from Employee/ Contract workers / drivers etc. would be subjected to GST. Vendor needs to take their tax consultants view on the implication and no separate GST would be paid by Employee/ contract worker. OPaL would be providing GST registration copy to successful bidder and the required declaration for the Zero rated benefits under SEZ for the payments made directly by the Company i.e. OPaL to Vendor.
43 Page- 19/ Appendix-4
Bidders Past Experience Proforma
Bidder's Past Experience. Bidder requests to include the credentials of its Parent Company who has similar experience as mentioned in the advertised tender. Expericne of the Parent Company shall be considered for qualification process. Pl. confirm.
No Change
44 Page- 21/ Appendix-6 - B1.1
Rejection Criteria
The bidder should have minimum Five Years of experience for running industrial canteen of minimum 750 manpower strength
No Change
E Tender No.2010C00542 Hiring agency for providing facility management services (Canteen, Pantry, Housekeeping with utility vehicle
by himself. The experience will be considered till the date ending last day of month previous to the one in which applications are invited. If time period of two or more contracts are overlapping then common period will be considered as one period only. Bidder shall provide the credentials of the Parent Company and the same may be considered for technical evaluation. But since the parent company of the bidder has experience of providing the same deliverables with lesser number of manpower strength in the canteen, Bidder requests to minmise the manpower requirement which is a qualifying criteria.
45 Page- 21/ Appendix-6 - B1.2
Rejection Criteria
The bidder should have executed & successfully completed at least one single order with minimum annualized contract value equivalent to Rs.1.99 Cr in last five years for running industrial canteen. The period will be reckoned from the date ending last day of month previous to the one in which applications are invited. Bidder shall provide the credentials of the Parent Company and the same may be considered for technical evaluation.
No Change
46 Page- 21/ Appendix-6 - B1.3
Rejection Criteria
Bidder should have at least 05 (five) Nos. of running contract together at any point of time during last 5 (five) years for running industrial canteen. The period will be reckoned from the date ending last day of month previous to the one in which applications are invited. Bidder shall provide the credentials of the Parent Company and the same may be considered for technical evaluation.
No Change
47 Page- 22/ Appendix-6 - B1.5
Rejection Criteria
Bidder should have valid FSSAI Regd. on the last date of bid submission. Bidder to submit copy of valid FSSAI Regd. along with
No Change
E Tender No.2010C00542 Hiring agency for providing facility management services (Canteen, Pantry, Housekeeping with utility vehicle
their bid document to support above criteria no.B.1.5. Bidder Shall undertake to provide the certificate in due course of time. Pl. confirm whether the same will be accepted. In the meantime bidder shall produce equivalent certification from other country.
48 Page- 22/ Appendix-6 - B1.6
Rejection Criteria
Bidder should be ISO certified for ISO 22000-2018. Bidder to submit copy of valid ISO certificate along with their bid document to support above criteria no.B.1.6. Bidder Shall undertake to provide the certificate in due course of time. Pl. confirm whether the same will be accepted.
No Change.
49 Page 88 Price format Subsidized Payment by OPaL (Rs.) for Employees For Three Years 2,81,01,600 (for OPaL’s Employees). Will the above amount be credited to service providers bank account by OPAL directly on monthly basis? or it has to be collected from individual OPAL employees by the service provider ON MONTHLY BASIS ?
Mentioned subsidy OPaL is offering for its employee which is payable to service provider. Service provider shall raise invoice on basis of actual consumption and supporting document.
50 Page no.68 Scope of work
What maintenance is in contractor scope ?
The caterer shall have proper maintenance & washing of canteen, pantries, Utensils, Equipments, and other appliances etc. in well hygienic manner will be the responsibility of the Caterer.
E Tender No.2010C00542 Hiring agency for providing facility management services (Canteen, Pantry, Housekeeping with utility vehicle
Attachment-2
Amendment-1 to Tender document no.2010C00542
Addition/ Revision/ Deletion
Ref. No.
Original Revised/ Added
Revision Page No.76, Sl. No.2, Appendix-2 to Annexure – III, Scope of work
Coffee/ Milk with Malt: 150 ML Coffee/ Milk: 100 ML
Revision Page No.76, Sl. No.4, Appendix-2 to Annexure – III, Scope of work
Curd/ Raita/ Buttermilk: 80 ML Curd/ Raita : 80 ML Buttermilk: 150 ML
Deletion Page No.80, Sl. No.12, Appendix-5 to Annexure – III, Scope of work
Water Bottle - Food Grade plastic – 1 L branded is present in the crockery list.
Deleted
Revision Page No.65, Appendix-1 to Annexure – II, General Conditions of Contract
As per page no.65 of original tender document
Revised Appendix-1 to Annexure-II related to Guidelines regarding Compliance of Labour Laws for the Service Provider is attached as per Attachment-3.
Addition Page no.93, Clause no.7.2, Special Condition of Contract
Attached as per Attachment-4.
E Tender No.2010C00542 Hiring agency for providing facility management services (Canteen, Pantry, Housekeeping with utility vehicle
Attachment-3
LEGAL AND STATUTORY COMPLIANCES WITH GUIDELINES REGARDING COMPLIANCE OF LABOUR LAWS FOR THE SERVICE PROVIDER
- The SERVICE PROVIDER shall be fully responsible for total compliance with all the applicable labour laws, its provisions, its amendments and any other laws enacted, made applicable implemented and enforces time to time by Government (Central and State) including safety & security regulations without any resistance. The brief outline for statutory compliance followed at OPaL but not limited to other provision and
rule under various act are described below: Any changes occurs will be informed accordingly.
1.0 Employees Provident Fund & Miscellaneous Provisions Act, 1952
1.1 The SERVICE PROVIDER represents that he has its own registration Number under the Provident Fund & Miscellaneous Provisions Act, 1952 and ESI Act, 1948 pursuant to which it makes contributions with respect to its employees, and that it will continue to make contributions in respect of those of its employees who are deputed to the Locations for and/or in connection with the provisions of Services pursuant hereto.
1.2 The SERVICE PROVIDER shall duly and faithfully pay and contribute to the Account and Code No. allotted to the SERVICE PROVIDER all contributions towards provident fund, pension and ESI as required to be paid and contributed under the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 and the Scheme(s) framed there under and/or Employees’ State Insurance Act, 1948 and rules and / or scheme framed there under. In addition SERVICE PROVIDER shall duly and faithfully pay to the applicable fund or scheme the gratuity/ group gratuity and Workmen’s Compensation (where ESI Act is not applicable) contribution for his/his sub-SERVICE PROVIDER’s employees deployed to render services.
Statutory compliance
Sr. No.
Compliance Remark Time Line from start of Job
1 Provident fund of all employees to be deposited.
1. PF Combine Challan 2. ECR statement - In which members / employees wage details, deduction etc., should be mentioned (Mark Highlighted). 3. TRRN Details 4. PF Payment Acknowledgement receipt. 1. Form 2: nomination form to be maintained
1. Contribution to be remitted on or before 15th of every month of previous month and submit the said documents (Sr. No. 1 to 4) to OPaL on or before 17th of every month with other required monthly statutory documents (as per checklist).
2.0 Contract Labour (Regulation & Abolition) Central Rules, 1971
2.1 The SERVICE PROVIDER shall abide with the Contract Labour Regulation & Abolition Act on deploying of the personnel.
2.2 The SERVICE PROVIDER will obtain licence under Contract Labour (R&A) Act from the office of Regional Labour Commissioner, Vadodara and necessary approvals (if required) from the appropriate authority to produce the same before starting of the work.
2.3 The SERVICE PROVIDER shall apply to the Licensing Officer (to Regional Labour Commissioner, Vadodara) in Form II for renewal of the licence not less than Thirty (30) day before the date on which the licence expire and send the copy of application submitted , in-warded copy / RPAD
E Tender No.2010C00542 Hiring agency for providing facility management services (Canteen, Pantry, Housekeeping with utility vehicle
acknowledgement receipt along renewal fees receipt to OPaL.
2.4 The SERVICE PROVIDER shall submit the required data to OPaL for filing Common Annual return as a Principal Employer before 10th of January each year during the working period.
2.5 The SERVICE PROVIDER send a notice of commencement and notice of completion of services in Form VII under Section 25 (2) (viii) of the Contract Labour (Regulation & Abolition) Central Rules, 1971 to the relevant Licensing authority within 15 days of commencement and completion of services.
Statutory compliance (under CLA)
Sr. No.
Compliance Remark Time Line from start of Job
1 Labour License 1 Application to be made for issuance of Form III from OPaL (If engaging 20 or more workers) 2. Application to be made of obtaining license with Regional Labour Commissioner – Vadodara 3. Submission of License
1 After issuance of N O A / S.O., OPaL will send the required documents details to the SERVICE PROVIDER. 2 Before start of Job through “Shram Suvidha Protal”. 3 Within 15 day from Start of Job.
2 Register of workmen shall be updated on joining/leaving of new employee.
Form A shall be updated. After getting medical fitness & Police verification.
3 Employment Card issuance
Issuance of Form XII (Employment Card) to workmen
At the time of Joining of workmen.
4 Muster roll shall be maintained.
Register in form No. D shall be updated every day.
Daily as per prescribed format.
5 Wage Register Shall be maintained in form B. Submit to OPaL within the given time frame.
6 Wages Slip Form no XIX duly signed by worker Every month at least before 1 day of disbursement of wages.
7 Service Certificate Form no VIII On last day of work.
3.0 Minimum Wages Act, 1948
3.1 The SERVICE PROVIDER shall abide to the payment of applicable minimum wages to the personnel as per area / class of city; with wages whichever is higher among the Gujarat Minimum Wages or Central minimum wages. In addition to it, the SERVICE PROVIDER shall comply with any increase in the minimum wages applicable and pay to his personnel with arrears on pro rata basis. The payments to their personnel by the SERVICE PROVIDER must include the below minimum but not limited to other/additional applicable statute/law/enactment:
Note: For Security minimum wages declared by Director General of Resettlement time to time will be applicable in case of deployment of Ex- Servicemen staff.
3.2 Central / State Government issues a notification revising the minimum wages in respect of certain categories of employees on normally half yearly basis i.e. in April and October or as and when notified by Government time to time. Such increase/decrease affected by the Govt. notification will be payable / recoverable in respect of employees engaged by the SERVICE PROVIDER.
3.3 Further, the rates of wages payable to the contract labour should not be less than minimum rates
E Tender No.2010C00542 Hiring agency for providing facility management services (Canteen, Pantry, Housekeeping with utility vehicle
of wages as category fixed under the minimum wages act 1948.
3.4 Following components required to be paid monthly along with the wages as per act:
Minimum Wages (MW) i.e. applicable Basic plus VDA - Higher among Central / State rates. Provident Fund @ 13.16 % of MW as per The Provident Fund Bonus (monthly) @ 8.33% of MW per day as per The Payment of Bonus Act, 1965 Leave Wages (monthly) @ 5% of MW per day as per The Factories Act, 1947 Gratuity (monthly) @ 4.81% of MW as per The Payment of Gratuity Act,1972 Maternity Benefits as per The Maternity Benefit Act
4.0 Payment of Wages Act, 1926
4.1 The Service provided shall Consider Definition of “Wages” as per Section 2(vi) of The Payment of Wages Act, 1936, Section 2(h) of The Minimum Wages Act, 1948 and Definition of “Wages” as per Section 2 (r) of The Industrial Dispute Act, 1947 and bound to comply with the same.
4.2 The SERVICE PROVIDER shall ensure payment of wages to its personnel well in time (on or before 7th of every month / respective wage period as applicable under The Payment of Wages Act, 1936) by Bank Transfer / Account Payee Cheque; irrespective of whether the submitted invoices / bills by The SERVICE PROVIDER to OPaL are disbursed or not. Also, the SERVICE PROVIDER shall be providing Wage slips / payment slips to all its personnel along with disbursement of wages.
4.3 If the SERVICE PROVIDER shall commit a default in the timely payment of salary or wages to his employees assigned to provide Service(s) to OPaL under the Contract, or if the SERVICE PROVIDER shall commit any other breach of its obligations as the immediate employer under any applicable labour laws, for which default or breach OPaL is liable as the principal employer or otherwise to pay the wages or make good the default or breach, OPaL shall be entitled to recover from the SERVICE PROVIDER by deduction of payment for the amount spent by OPaL against the invoice(s) of the SERVICE PROVIDER or from the Security Deposit / Performance Bank Guarantee with respect to such default or breach. In addition to such recovery from the SERVICE PROVIDER any amount paid or expended by OPaL to make good for such default or breach, and without prejudice to any other right or remedy that OPaL may have the right to terminate the Agreement.
4.4 In case of cease of services of workmen on account of resignation, termination, closing of contract, absconding for services, all the statutory dues payment (full and final settlement) shall be paid within 2 working day from the day of cease of services through Bank and record shall be preserved till end of contract. In case of absconding worker all the statutory dues payment (full and final settlement) shall be paid within 2 working day from the day of cease of services and payment of full and final amount shall be deposited in the person bank account and intimation for the same shall be send to his permanent address through register post.
4.5 Full and Final settlement along with bank payment proof is must to be presented before HR department of OPaL at the time of cancellation of entry pass.
Statutory compliance
Sr. No.
Compliance Remark Time Line from start of Job
1. Payment of wages
1. Wages intimation shall be given to OPaL as per Annexure IV. 2. On or before 7th of every month through Bank Transfer / Account Payee Cheque. 3. Bank Statement (Bank Ledger) to be submitted along with
1. 28th of the wage month. 2. Wages Register (Form B) shall be verified with OPaL by 4th of every month. 3. Point no 1 ,2 & 3 shall be
E Tender No.2010C00542 Hiring agency for providing facility management services (Canteen, Pantry, Housekeeping with utility vehicle
other required monthly statutory documents (as per checklist mentioned in clause 16.15)
attached with monthly Compliance documents
5.0 Employee Compensation Act, 1923 / ESI Act, 1948
5.1 The SERVICE PROVIDER will obtain adequate insurance policy from the first day of work in respect of his / her workmen to be engaged for the work towards meeting the liability of compensation arising out of injury / disablement at work.
5.2 The SERVICE PROVIDER shall in the event of any of his / her workman / employee sustains any injury or disablement due to an accident arising out of and in the course of his employment, provide necessary medical treatment and pay compensation if any, required under the Workmen's Compensation Act,1923 / ESI Act,1948.
5.3 The SERVICE PROVIDER will be responsible for any compensation to their Workmen for any injuries caused to the workmen under Employees Compensation Act 1923. The SERVICE PROVIDER will be responsible for and pay the expenses for providing medical treatment to any workmen who may suffer any bodily injury as a result of any accident. The SERVICE PROVIDER will be liable for all payments to their staff, labourers and workmen employed for the performance or carrying of the said work and the OPAL will in no event be liable or responsible for any payment and the SERVICE PROVIDER will keep the OPAL indemnified against the same and from all proceedings in respect thereof.
6.0 Interstate Migrant Workmen Act, 1979
6.1 The SERVICE PROVIDER shall abide to the Interstate Migrant Workmen Act 1979 (if employ 5 or more interstate worker) and should be having the license under the statue. In case of the SERVICE PROVIDER is intending to engage 5 or more interstate migrant worker, the SERVICE PROVIDER shall apply for obtaining license (“Shram Suvidha Portal”) immediately on issuance of NOA. Requisite license to be obtained within 15 days of the award of the contract / NOA.
6.2 The SERVICE PROVIDER shall apply to the Licensing Officer (to Regional Labour Commissioner, Vadodara) in Form IX for renewal of the licence not less than Thirty (30) day before the date on which the licence expire and send the copy of application submitted , in-warded copy / RPAD acknowledgement receipt along renewal fees receipt to OPaL.
7.0 The Factories Act, 1948
7.1 The SERVICE PROVIDER will comply with all the Provisions of The Factories Act, 1948 and The Gujarat Factories Rule, 1963 w.r.t to Health, Safety, Welfare, Working Hours, and Employment conditions etc. of Workmen.
Statutory compliance
Sr. No.
Compliance Remark Time Line from start of Job
1 Compliance w.r.t to Health, Safety and Welfare of Workmen
As per the Act.
2 Working Hours 3 Weekly off 4 Overtime (at double rate of prevailing Basic
Wages and Special Allowance on hourly basis)
5 Leave to employees 6 I D Card Entry in Form 36 (I D On the day of
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Card Register) as per Factories Act
Joining
8.0 The Equal Remuneration Act, 1976
8.1 No SERVICE PROVIDER shall pay to any worker, employed by him in an establishment or employment, remuneration, whether payable by whatever means, at rates less favourable than those at which remuneration is paid by him to the worker of the opposite sex in such establishment or employment for performing the same work of a similar nature.
9.0 The Building and Other Construction Workers’ (Regulation of Employment and Conditions of Services) Central Rules, 1998
9.1 The SERVICE PROVIDER/Services provider shall obtain registration under The Building and other Construction workers (Regulation of Employment and conditions of services) Act,1996 if he is engaged in Building and Construction work and employ 10 or more building workers in any building or other construction work. The SERVICE PROVIDER shall apply for obtaining Registration (“Shram Suvidha Portal”) immediately on issuance of NOA and Copy of Application along with Fees payment (Demand Draft) to be submitted to OPaL. “Certification of Registration “to be obtained within 15 days of the award of the contract / NOA and shall be submitted to OPaL before starting of Work.
9.2 The SERVICE PROVIDER has to comply with all the provision of the act/rules w.r.t Registration of Building Workers as Beneficiaries, Contribution remittance, Hours of Work, Welfare measure and other conditions of services of building workers, Safety and health measures and other special and miscellaneous provisions as per the act.
10.0 The Child Labour (Prohibition and Regulation) Act, 1986
10.1 The SERVICE PROVIDER/Services provider shall ensure that no labour who have attended 18 years of age are engaged as a worker to work in a Factory.
10.2 It will be the sole responsibility of SERVICE PROVIDER to verify the Birth proof or documents which indicate the attainment of the required age to work at OPaL. Obtaining of gate pass with fraudulent document and its legal implication will be the sole responsibility of SERVICE PROVIDER/ SERVICE PROVIDER. OPaL at no case will be responsible for any contravention on the part of SERVICE PROVIDER/ Services provider.
11.0 The Payment of Gratuity Act, 1972
11.1 The SERVICE PROVIDER shall be responsible for complying with all the provision under The Payment of Gratuity Act 1972.
Statutory compliance
Sr. No.
Compliance Remark Time Line from start of Job
1 Payment of Gratuity 1. Form F Nomination form
1. On the day of Joining.
12.0 The Payment of Bonus Act, 1965
12.1 The SERVICE PROVIDER shall be responsible for complying with all the provision under The Payment of Bonus Act 1965.
Statutory compliance
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Sr. No.
Compliance Remark Time Line from start of Job
1 Payment of Bonus 1. Form C: Bonus register to be maintained 3 Form D : Annual return
1 To be submitted Annually. 2 To be submitted Annually.
13.0 The Employment Exchange (Compulsory notification of Vacancies) Act, 1959
13.1 The SERVICE PROVIDER shall be responsible for complying with all the provision under The Employment Exchange Act 1965.
You will maintain the ratio of 85% of Local employment for your workmen deputed at OPaL Submit Quarterly return - ER-1 and Half yearly - ER-2 Compulsory notify the vacancies arise during the contract period to Local Employment office.
14.0 The Maharashtra State Tax on Professions, Trades, callings and employment rules, 1975
14.1 The SERVICE PROVIDER shall be responsible for complying with all the provision under The Maharashtra State Tax on Professions, Trades, callings and employment rules, 1975.
14.2 The SERVICE PROVIDER shall obtain registration under the said act for his/her firm at Suva or Ambetha Gram panchayat for depositing Professional Tax of his firm and the worker deputed.
14.3 Registration number shall be submitted to OPaL
14.4 Applicable professional tax shall be deducted as per salary slab from workmen and shall be deposited at the above mentioned gram panchayat where registration is obtained. Photocopy of receipt for deposit of P Tax shall be attached with the compliance documents.
14.5 SERVICE PROVIDER has to deposit Professional Tax for his firm in the month of April every year at Gram Panchayat as per applicability.
15.0 The Bombay Labour Welfare Fund Act, 1953
15.1 The SERVICE PROVIDER shall be responsible for complying with all the provision under The Bombay Labour Welfare Fund Act, 1953.
Statutory compliance
Sr. No.
Compliance Remark Time Line from start of Job
1 Labour Welfare Fund 1. To be Paid half yearly to Gujarat Labour Welfare Board a. Jan – Jun b. Jul – Dec 2 Employee Contribution – Rs. 6/- Employer Contribution – Rs. 12/-.
1. To Gujarat Labour Welfare Board a. Before 10th of July b. Before 10th of Jan 2. Remittance receipt to be submitted with OPaL along with Compliance Documents
16.0 The Industrial Dispute Act, 1948
16.1 SERVICE PROVIDER shall be fully responsible of his and his subcontractor’s (if any) personnel deployed at OPaL locations. In no case, OPaL shall have any employer-
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employee relationship under any applicable labour laws from time to time with SERVICE PROVIDER and SERVICE PROVIDER’s representatives.
16.2 The SERVICE PROVIDER shall ensure that no labour unrest like protest, strike, obstruction etc. Created by their employees in any manner by whatsoever reason.
16.3 The SERVICE PROVIDER shall be responsible for settlement of all dispute arising out of Employment of their deputed staff with OPaL under various applicable Labour Laws and other applicable laws and its amendment / implementation time to time.
16.4 The SERVICE PROVIDER shall be responsible for following the process and settlement of any dispute arising out of any action from SERVICE PROVIDER like Layoff, Lockout, Closure of Firm, Retrenchment of Workmen, Termination of Service of employer, Change in the Condition of Service (Forth Schedule of The ID Act, 1948) etc. and its legal implication as per statue.
16.5 The SERVICE PROVIDER shall be responsible not limited to clause 16.1 to 16.4 for adhering to all Provisions of the Act The Industrial Dispute Act, 1948 and rule made under.
17 Others
17.2 The SERVICE PROVIDER after issuance of NOA shall submit following documents before starting of the job.
Sr. No. Document Name
1. Annexure 1
2. Work Order / NOA issued by OPaL
3 PF Number Allotment letter
4. Workmen Compensation Policy
17.3 If the clause of S.O/ Tender documents permits to sublet the work for execution of Contract, the SERVICE PROVIDER shall ensure that following documents are submitted of the Sub Contractor engaged to OPaL HR before deployment of Personnel.
Sr. No. Document Name
1. Annexure 2 - Undertaking for engagement of Sub Contractor
2. Annexure 3 – On SERVICE PROVIDER letter head duly signed by EIC of OPaL
3. Work Order / NOA issued by SERVICE PROVIDER to Sub Contractor
4 PF Number Allotment letter of Sub Contractor
5. Workmen Compensation Policy of Sub Contractor
6. Indemnity Bond on Rs. 300/- Stamp Paper – Notarized
17.4 The SERVICE PROVIDER shall issue to each and every workmen deputed at OPaL “Appointment
Letter” clearly mentioning each and every terms and condition (expressed or implied) of his
E Tender No.2010C00542 Hiring agency for providing facility management services (Canteen, Pantry, Housekeeping with utility vehicle
employment with SERVICE PROVIDER and retain the signed copy of “Appointment letter” as an agreement for accepting the terms and condition of employment and produce before OPaL on demand.
17.5 The Motor Vehicle Act, 1988 and The Motor Transport Worker Act, 1961 shall be applicable if the SERVICE PROVIDER is engaging / hiring a Vehicle for transportation of man and material (either directly or through any transport agency) for OPaL.
17.6 The SERVICE PROVIDER (including its engaged Sub Contractor) to whom work order is issued will be held responsible in case of any non-compliance with respect to law of land.
17.7 The SERVICE PROVIDER will be responsible for proper maintenance of all registers, records and accounts so far as it relates to compliance of any statutory provisions / obligations. The SERVICE PROVIDER will be responsible for making records pertaining to payment of wages and for depositing the PF & ESI contributions with concerned authorities. The SERVICE PROVIDER will be responsible to keep a register for payment of wages to its employees and will make payments in the presence of Officer in charge or his representative or through Bank account transfer. The officer in charge can check the records pertaining to applicable Act at any time
17.8 The SERVICE PROVIDER will be responsible for keeping the records under various applicable labour laws within premises/ within the radius of 3 km from the premises and shall present as an when required before the Company officials / Concern Government authorities for inspection/s.
17.9 The SERVICE PROVIDER will bind himself / themselves, executors or administrators and will indemnify, the OPAL, in respect of this contract, including all of its claims, damages, proceedings, costs, charges and/or any expenses whatsoever which may be imposed, enforced or brought against the OPAL or any of its members, officers, employees for reason of or consequent upon any break or default on the part of the SERVICE PROVIDER in respect of violation of any of the provisions Law/Act rules or regulations having the force of law or if any award of decision by any competent Tribunal, Court or authority in respect of the workmen or any one employed/engaged by the SERVICE PROVIDER/sub-SERVICE PROVIDER in connection with this contract.
17.10 The SERVICE PROVIDER, at his own cost, shall provide all amenities / facilities for welfare of his workers as required under the provisions of the Contract Labour (R&A) Act, Interstate Migrant Workers, BOCW Act, Factory Act or any such other applicable Act wherever not available or provided by the company.
17.11 The SERVICE PROVIDER shall ensure that his personnel are given with minimum number of paid national holiday as per applicable statutory provisions in law viz. the Republic Day, Independence Day and Mahatma Gandhi’s Birthday, etc.
17.12 The SERVICE PROVIDER will be responsible for all the claims of his employees.
17.13 If OPaL received any Grievance from the deployed staff/ workmen of SERVICES PROVIDER, the Grievance shall be redressed and settled within 48 hours. The redressed Grievances shall be acknowledge in writing to OPaL.
17.14 OPaL being Principal Employer reserve the right to verify and cross check with deputed staff/workmen of SERVICE PROVIDER with respect to proper discharge of liabilities (i.e Monetary and well as Non – Monetary) under various act and terms and condition of appointment letter.
17.15 The Services Provider shall maintain a Notice Board at the Conspicuous place of work in which he has to display notices in English / Hindi / Local Language as per below
i. Abstract as per various applicable Act in English/ Hindi /Local Language
ii. Notice (Acknowledge copy from OPaL HR)Showing the Wages period , place and time of disbursement of Wages
iii. Notice showing Nature of work performed , Hours of Work, Rate of Wages, Date of Payment of Wages, Name and Address of inspector having jurisdiction, and date of payment
17.16 The SERVICE PROVIDER shall pay and provide to SERVICE PROVIDER’S personnel representatives deployed at the Location(s) in connection and/or in relation to the
E Tender No.2010C00542 Hiring agency for providing facility management services (Canteen, Pantry, Housekeeping with utility vehicle
Services, wages and other legal and mutually agreed benefits (whether expressed verbally or written way) as are required to be paid or provided under the Act, other applicable laws and as per mutual agreement.
17.17 The SERVICE PROVIDER shall at no case can change the conditions of service, applicable to any of its workmen unless he follows Section 9A of The Industrial Dispute Act, 1947.
17.18 The SERVICE PROVIDER shall be responsible for submission of full and final settlement along with bank payment proof of all his workmen engaged at OPaL during the period of Contract with closing documents.
17.19 The SERVICE PROVIDER at his own expenses shall comply with all the Labour Laws/ industrial Laws and all such laws and rules made there under, as well as the other Government Orders, and shall keep the company indemnified by executing an indemnity Bond in respect of all compliance obligations for the complete period of the services agreement as well as also against any liability arising out of non- compliance made by the SERVICES PROVIDER even after the completion of the agreement.
17.20 In case of any Epidemic / Pandemic situation arise during the period of Contract, the SERVICE PROVIDER shall be responsible for following all the advisories, instructions and order issued by Government (Central/State) and Local administration time to time without any resistance and excuses.
17.21 During the tenure of this Service Agreement, nothing shall be done by the Service provider in Contravention of any law, Act and/ or Rules/ Regulation thereunder or any amendment thereof.
17.22 OPal shall have what-so-ever reason no liability to pay or settle any issues, claim or recoveries raised by directors, officers, consultants, agents and Contractors of services provider. Service Provider will indemnify OPaL against any such claims or recoveries during the tenure of said service agreement and even subsequent to termination/ expiry of the Service Agreement.
17.23 The SERVICE PROVIDER (and for its Sub – Contractor, if engaged) shall be responsible to submit the required closing document at the time of submission of last bill. Before completion of job, OPaL concern department will share to you required closing documents/formats as mentioned below. Last invoice will be released only after submission of closing documents satisfactorily
Sr. No Document No. Name of Documents
1. Doc No 1 Indemnity Bond (On Rs. 300 Stamp – Paper duly Notarized) signed by Proprietor/ Partner/ Director/ MD/ Chairman
2. Doc No 2 Work Completion Certificate (On letter head of Services Provider)
3. Doc No 3 No Dues Certificate against outstanding dues for the above mentioned work (On Letter head of Services provider)
4. Form VII Notice for Completion of Work (On Letter head of Services provider)
5. Form VIII Service Certificate acknowledge copy ( To be issued to Workmen deputed at OPaL on letter head )
6. Doc No 10 Self-Certified Certificate (On letter head of SERVICE PROVIDER)
7. F&F Set Full and Final Settlement – With Bank payment proof of each and every workmen
17.24 If SERVICE PROVIDER receives any notices / letters / summons etc. from the government offices, then it is the SERVICE PROVIDER responsibility to submit the clearance certificate or NOC from the concerned authority to the OPaL within the stipulated time period.
17.25 OPaL may ask for any data from the SERVICE PROVIDER with respect to the period of work with
E Tender No.2010C00542 Hiring agency for providing facility management services (Canteen, Pantry, Housekeeping with utility vehicle
OPaL. The SERVICE PROVIDER shall be bound to provide the required data to OPaL within stipulated time period without any excuse.
17.26 If other clause of work order permits you to sublet the work then all the above-mentioned clauses with respect to Labour Laws compliance are also applicable on Sub Contractor engaged by the SERVICE PROVIDER. It will the responsibility of SERVICE PROVIDER to ensure that, the sub-contractor engaged follows all the statutory norm without any discrepancies and non – compliance. Any discrepancies / Non – Compliance found on the part of engaged Sub – Contractor, then it will be treated as non-compliance by SERVICE PROVIDER (Main Contractor).
17.27 Successful Bidder shall submit the monthly compliance documents (as per below mentioned checklist) on or before 17th of every month - After awarding the contract, Formats for register will be shared.
Checklist - Monthly Compliance Documents Sr. No Labour Laws Form No Details
1 Legal Compliance declaration form NA NA
2 The Contract Labour (R&A) Act,1970
Form D Attendance Register Form B Register of Wages
Form C Register Loans and Recoveries register
Bank Ledger Payment to be made in Bank and Bank Ledger to be attached
3 The Factories Act Form 19 Wage Slip (duly signed by worker)
4 The Maharashtra State Tax on Professions, Trades, callings and employment rules,1975
Form 5 Professional Tax details Receipt issued by Gram Panchayat Professional Tax receipt
5 EPFO -
PF Combine Challan ECR Summary TRRN Acknowledgement Copy TRRN Details/ Payment receipt
If any changes arise then OPaL will inform accordingly. Minimum wages notified time to time by Govt shall be adhere Checklist - Returns (if applicable) to be filled during the year and part of compliance documents of
respective month Sr. No Form No Details Month of Attachment
1 Contract Labour
(Regulation & Abolition Act, 1970)
Annual Return
Single Online Common Annual Return under 9 Central Labour
Acts has been made operational on Shram Suvidha
Portal.
Before 31/01 (For Previous year)
2 Employment Exchange (Compulsory notification of Vacancies Act ,1959
ER - 1 Quarterly Return
March/June/Sept/Dec CNV Local / Non Local details
3 Payment of Bonus Act,1965 Form C Register Showing amount due
to each employee October
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Form D Annual Return - Bonus paid to employees for the accounting
year ending on the
4 The Factories Act, 1948 - Leave with Wages payment register December
5 The Bombay Labour Welfare fund Act,1953 Form 1A Half Yearly Return 10th Jan & 10th July
6 Data for filing Annual
return by Principal Employer (OPaL)
- Format will be shared Before 15th of Jan
Note : The above mentioned details about the compliance under various labour laws is not an exhaustive and complete list and it is subject to modification for any omission and commission for any point not included so far, due to changes in the act, law , rules or statutes and due to oversight.
However, the same will be applicable to SERVICE PROVIDER from time to time.
UNDERTAKING BY SERVICES PROVIDER
I the undersigned_________________________________(Name of the Services Provider) has read all compliance requirement under various labour laws as mentioned above and I undertake to abide by the same and OPaL shall not be responsible for whatsoever any matter/ liability arising out the same.
Place: Date:
Authorized Signature: Name: Designation: Seal:
Attachment-4
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Penalty clause:
7.2 Penalty Clause – Compliance of Statutory Requirement
Any following complaint received or found will attract penalty as under:
(i) Non-Payment (after due date) as per labour law rules,
(ii) Less Payment complain, either received from the workmen or found during certification of wages,
(iii) Failure to give us the advance intimation of wage disbursement (on or before 28th of every month) to the principal employer or his / her authorised representative,
(iv) Failure to deposit any wages by way of either cheque or by directly crediting the amount of wages in the Bank account of the concerned workmen,
a) Non-submission of any or all of the documents listed below (as applicable) in proof of all
required statutory compliance (other than wage / payment register) within one month of the period for which it is due, will attract a penalty of Rs. 10,000/- on the first instance (month). Upon repeated non-compliance thereafter the penalty amount will be raised / incremented by Rs. 10,000/- for each subsequent occasion (month) with written communication to the contractors about the non-compliances.
To explain the above, If the documents related to any of the months are not submitted by the contractor within the succeeding month or due date, there will be a penalty (as given below) in respect of the month for which the documents are due.
(i) First occasion: Rs. 10,000/- with written communication (advisory letter) from HR
(ii) Second occasion: Rs. 20,000/- with written communication from Principal Employer / GM – HR.
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(iii) Third occasion: Rs. 30,000/- with written communication from DGM-MM / Head – MM.
(iv) Fourth occasion: Rs. 40,000/- with written communication from COO / President.
(v) Fifth occasion: Rs. 50,000/- with written communication from Head – MM Note: After continuous third occasion, OPaL may start the process to terminate or Blacklist from
all over India OPaL locations.
LIST OF DOCUMENTS Sr No Documents details Time of submission 1
Valid Labour License (if applicable) under Contract Labour (R&A) Act (Submit the Labour license within 15 days, after issuing of Form V and before expiry contractor has to renew).
Submit the Labour license within 15 days after issuing of Form V and before expiry, contractor has to renew the labour license.
2
Adequate insurance coverage under Employees’ Compensation Act.
From 1st days of start of the work should not expire during the work
3
Registration under BOCW Act - If applicable
Submit the Valid copy of Registration within 15 days and should amended before expiry, If applicable.
4
License under Interstate Migrant Workmen Act - If applicable
Submit the license within 15 days after issuing of Form VI and before expiry, contractor has to renew, If applicable.
5
Copies of the following monthly documents: #Copy of signed wage sheet. Bank Proof for wage disbursement. #Copy of Professional Tax in proof of deposit of contribution – It should be deposit in Ambetha or Suva village only. #Copy of Combined challan of A/c No. 1, 2, 10, 21, 22 (SBI). #Copy of Electronic challan cum returns (ECR) – In which members / employees wage details, deduction etc., should be mentioned (Mark Highlighted) Copy of Electronic challan cum returns (ECR) – #Acknowledgement Slip. #Copy of Electronic challan cum returns (ECR) – Remittance Confirmation Slip. #Copy of Bank Confirmation slip. #Copy of TRRN Details.
on or before of 17th of every month of Previous month documents)
6
Half yearly returns / Yearly Returns under Applicable different Labour laws including labour welfare fund.
As per Act / Rule
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7
Professional Tax documents (it should be submitted in SUVA or AMBETHA village
8
Records pertaining to work injury and compensation thereof, where applicable
As per applicable Time
9 Any Other non – compliance reported
In case of any non-compliance by sub-contractors of the principal contractor, it will
be treated as non-compliance by the main contractor and shall attract penalty to main contractor accordingly.
As a part of the process, defaulting contractors will also be communicated in writing regarding the non-compliance with escalation of the issues to higher management of the contractor firm as well as OPaL.
After not getting proper / satisfied reply from contractor’s side then it may be one of
the cause for termination of contract.
If Contractor is not rectifying statutory issues (non-compliance), then OPaL may start
the proper process to terminate or blacklist from all over India OPaL locations with reference to the earlier communications.