Manpower Outsourcing Services - Minimum Wage - Unskilled; Secondary School; Admin

Buyer Added text based ATC clauses TENDER TERMS AND CONDITIONS

• i)Capabilities required for carrying out the assignments: Since the hired multi tasking staff is required to handle various files and a ttend to the calls of officers, the minimum qualification criteria may be set to “Secondary School Leaving Certificate” with adequate knowledge in En glish. ii) The eligibility and pre-qualification criteria to be met by the consultant s/service providers: iii) The service provider should meet the following criteria to enable bidding for the tender:
• 1.The Registered Office or one of the Branch Offices of the Service Pro vider Company / Firm / Agency should be located within the district of Kasaragod/Kannur.
• 2.The Service Provider Company / Firm/ Agency should be registered with the appropriate registration authority.
• 3.Service Provider Company / Firm/ Agency should have at least four years’ experience in providing Multi-Tasking Staff to Central Govern ment Organisations.
• 4.Service Provider Company / Firm / Agency should have its own Bank Account.
• 5.Service Provider Company / Firm/ Agency should exist on the record s of Income Tax Department.
• 6.Service Provider Company / Firm / Agency should be registered with appropriate authorities under Employees State Insurance Acts. If the firm/company does not come under the purview of rules under Empl oyees State Insurance Acts then the registration is not mandatory.
• 7.The Service Provider Company / Firm / Agency shall submit affidavit stating that the agency is / has not been black listed by Central Gov ernment / State Government / any PSU.
• 8.The Service Provider Company / Firm / Agency shall submit proof for remittance of PF, ESI etc while submitting bill. iv) GENERAL
• i.The contract is likely to commence w.e.f. 01.11.2026 at Income Tax Off ice, Kasaragod, Vidyanagar P.O, Kerala and shall continue for a period of two ye ar, unless it is curtailed or terminated by this Office owing to deficiency of servi ce, sub-standard quality of personnel deployed, breach of contract, reduction or cessation of the requirements of work or indiscipline. ii. The contract shall automatically expire after two years from commence ment of the contract unless extended further by the mutual consent of contracti ng Agency and this Office. iii. The contract may be extended, on the same terms and conditions or with some addition/deletion/ modification’ for a further period not exceeding on e year at the sole discretion of Office of the Principal Commissioner of Income T ax, Kozhikode. iv. The contracting Company/ Firm/ Agency will be required to pay minimu m wages as prescribed under the Minimum Wages as per Acts under Central/ St ate Government. The contracting agency will maintain proper records as requir ed under Law/Acts. It shall be the duty of the contracting company /agency to e nhance the wages of the employee’s subject to any statutory obligation / raise fr om time to time as instructed by authorities concerned in this behalf. However, such statuary enhancement shall be claimed from the department by the contr acting agency on furnishing documentary proof of payment of such amount to it s employees and this enhancement / raise shall be deemed to be agreed upon b etween the department and contracting agency / company.
• v.The requirement of this office may further increase or decrease during the period of contract and the contracting agency would have to provide additio nal Attendants, if required on the same terms and conditions. vi. The contracting Company/ Firm/ Agency shall not be allowed to transfer , assign, pledge or sub-contract its rights and liabilities under this contract to an y other Agency without the prior written consent of this Office. vii. The contractor shall have an experience of not less than 4 years in Dep artment of Revenue and should have a registered office in the district of Kasara god or Kannur. viii. The tendered will be bound by the details furnished by it to this Office, while submitting the tender or at any subsequent stage. In case any of the docu ments furnished by it is found to be false at any stage, it would be deemed to b e a breach of terms of contract, making the tendered liable for legal action besi des the termination /cancellation of contract, legal action for damages at the sol e discretion of the Income Tax Officer, Ward-1& TPS, Kasaragod and in such eve ntuality, the performance security amount tendered shall be liable to be forfeite
• d.ix. Financial bids of only those renderers shall be evaluated who are declar ed technically qualified.
• x.The Office of the Income Tax Officer, Ward-1&TPS , Kasaragod reserve s the right to terminate the contract at any time without giving any notice xi. The contracting Agency shall ensure that the manpower deployed in th e Income Tax Office, Kasaragod conforms to the eligibility conditions of age, ed ucation and any other qualification as specified in the contract. xii. In case, the person employed by the successful Company/ Firm/ Agenc y performs any act of omission/ commission that amounts to misconduct / indisc ipline/ incompetence and security risks, the successful Company/ Firm/ Agency will be liable to take appropriate disciplinary and legal action against such perso ns, including their removal from site of work, if required by the Office immediat ely after being brought to their notice. xiii. The service provider shall provide identity card carrying the photograph of the personnel and personal information including name, date of birth, addres s, designation etc. and uniform to the personnel deployed in this Office xiv. The service provider shall ensure that any details of office, operational process, technical know-how, Security arrangements, and administrative/ organ izational matters are not divulged or disclosed to any person by its personnel de ployed in the Office. xvii. The service provider shall ensure proper conduct of its personnel in offic e premises, maintenance of strict discipline in and around the office premises a nd enforce prohibition of consumption of alcoholic drinks, chewing pan, smoking , loitering without work etc. or consuming any other intoxicant substance, food or drink during the work hours / being on duty to maintain discipline and office decorum. xviii. The Agency shall depute a coordinator, out of the deployed personnel, who would be responsible for immediate interaction with the Office of the Incom e Tax Officer, Ward-1& TPS, Kasaragod so that optimal services of the persons deployed by the agency could be availed without any disruption. However the o ffice of the Income Tax Officer, Ward-1& TPS, Kasaragod shall be fully competen t and empowered to remove any indiscipline personnel / staff from its premises if his/ her behaviour is not up-to the mark, immoral and / or his /her presence is prejudicial / embarrassing to the department. xix. The selected Agency shall immediately provide a substitute in the eve nt of any person leaving the job due to his/ her personal reasons or being remov ed by this office. The delay by the Agency in providing a substitute beyond thre e working days shall attract liquidated damages @ Rs. 100 per day ( per such c ase) on the service providing Agency, besides deduction in payment on pro- rat a basis. xx. It will be the responsibility of the service providing Agency to meet tran sportation, food, medical and any other requirements in respect of the persons deployed by it (Agency) in this Office and this Office will have no liabilities in thi s regard. xxi. For all intents and purposes, the service providing Agency shall be the “ Employer” within the meaning of different Labour Legislations in respect of man power so employed and deployed in this Office. The persons deployed by the Ag ency in the Office shall not have claims of any Master and Servant relationship n or have any principal and agent relationship with or against the Office of the In come Tax Officer, Ward-1& TPS, Kasaragod. xxii. The service providing Agency shall be solely responsible for the redres sed of grievances /resolution of disputes relating to persons deployed. This Offic e shall, in no way, be responsible for settlement of such issues whatsoever as th is office shall have no concern of contract with the work force. xxiii. This Office shall not be responsible for any damages, losses, claims, fina ncial or other, injury to any person deployed by service providing Agency in the course of their performing the functions/ duties, or for payment towards any co mpensation. xxiv. The persons deployed by the service providing Agency shall not claim n or shall be entitled to be paid, perks and other facilities admissible to casual, ad hoc, regular/ confirmed employees of this Office during the contract or after exp iry of the contract. That any issue of pay, perks, statutory obligations , welfare s chemes or monetary benefits / internal arrangements of the employees , their p ersonal insurance (If any) shall be looked after by the contracting agency and th e department has no interference or liability of any nature in any manner whats oever. xxv. In case of termination of this contract on its expiry or otherwise, the pe rsons deployed by the service providing Agency shall not be entitled to and will have no claim, for any absorption nor for any relaxation for absorption in the re gular/ other capacity in the Income Tax Officer, Ward-1& TPS, Kasaragod. In bri ef there shall be no privacy of contract between the department and the individ uals / work force provided by the service provider / contracting agency. xxvi. The contracting agency should communicate above conditions to the p erson deployed in this office by the contracting agency. xxvii. Payments shall be made only to the contracting agency on monthly b asis as per actual services. The contracting agency has to raise invoices in the fi rst week of the next month through GeM for the services rendered in the month . DETAILS OF SERVICE TO BE DONE
• i.Attend the bell of the officers. ii. Ensure that sitting arrangement in the officers’ room is hygienic and proper before the commencement of office hours iii. Ensure that visitor’s lounge / place is kept clean and in order bef ore the commencement of office hours iv. Bring and serve water to the officers
• v.Maintain and operate photocopier machine & prepare sets of ph otocopied documents as directed vi. Keep record in the prescribed manner vii. Make record available as and when required viii. Dust Work Stations/Almirahs, window glass panes/doors etc ix. Provide drinking water to officers and officials
• x.Make & Serve tea, coffee etc to the Officers and Officials xi. Send fax as per instructions xii. Attend phone calls, receive and note down the telephone messa ges and promptly convey them to concerned Officers/Official xiii. Any other work of similar nature assigned in the offices coming under the Principal Commissioner of Income Tax, Kozhikode. xiv. The manpower employed by the Agency shall be required to wor k as per the Office’s working timings, i.e. from Monday to Friday from 09:00 hrs. to 17:30 hrs. with a lunch break of ½ hour from 13:15 hrs. to 13:45 hrs. At times, the deployed manpower may b e required to work on Saturdays, Sundays, Gazetted Holidays for which they shall be paid as per prevailing law in excess of 26 da ys in a months. The deployed personnel shall mark their daily attendance in a register ma intained at the Establishment section. The deployed staff must sign the attenda nce register before 9:00 AM and shall not leave the office before 5:30 PM to ens ure the punctuality of the office. No wage shall be paid to the contractor for the days in which the deployed personnel are absent from duty. FRAUD AND CORRUPT PRACTICES The applicant and their respective officers, employees, agents and advisers sh all observe the highest standard of ethics during the Bidding Process. Notwithst anding anything to the contrary contained herein, the Office may reject an appli cation without being liable in any manner whatsoever to the Applicant if it deter mines that the Applicant has, directly or indirectly or through an agent, engage d in corrupt practice, fraudulent practice, coercive practice, undesirable practic e or restrictive practice in the Bidding Process. Without prejudice to the rights of this Office under Clause i. hereinabove, if an A pplicant is found by this Office to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practi ce, undesirable practice or restrictive practice during the Bidding Process, such Applicant shall not be eligible to participate in any tender issued by this Office d uring a period of 2 (two) years from the date such Applicant is found by the Offi ce to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice as the case may be. For the purposes of this clause 1, the following terms shall have the meaning he reinafter respectively assigned to then: “Corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the actions of any person connected with the Bidding Process or (ii) sav e and except as permitted, engaging in any manner whatsoever, wh ether during the Bidding Process or after the issue of the LOA or aft er the execution of the Agreement, as the case may be, any person in respect of any matter relating to the Project or the LOA or the Agr eement, who at any time has been or is a legal, financial or technica l advisor of the Authority in relation to any matter concerning the Pr oject;
• a)“fraudulent practice” means a misrepresentation or omission of facts or suppression of facts or disclosure of incomplete facts, in order to influence the Bidding Process;
• b)“coercive practice” means impairing or harming or t hreatening to impair or harm, directly or indirectly, a ny person or property to influence to any person’s pa rticipation or action in the Bidding Process;
• c)“undesirable practice” means (i) establishing conta ct with any person connected with or employed or en gaged by the Authority with the objective of canvassi ng, lobbying or in any manner influencing or attempti ng to influence the Bidding Process; or (ii) having a C onflict of Interest; and
• d)“restrictive practice” means forming a cartel or arri ving at any understanding or arrangement among Ap plicant with the objective of restricting or manipulating a full and fair competition in the Biddin g Process; LEGAL i The Service provider shall be responsible for compliance of all statutory provisions relating to Minimum wages, Employees’ Provident Fund, Employees State Insurance and other labour laws etc. in respect of the persons deployed b y it in this Office as this office has no privacy of contract with these employees. ii The Service provider shall also be liable for depositing all taxes, levies, C ass etc. on account of service rendered by it to the Office of the the Income Tax Officer, Ward-1& TPS, Kasaragod to concerned tax collection authorities from ti me to time as per extant rules and regulations on the matter. iii. The Service provider shall maintain all statutory registers under the applicable laws. The Agency shall produce the same, on demand, to the concer ned authority of this Office or any other authority under Law. iv. The Tax Deduction at Source (TDS) shall be made as per the provisions of Income Tax law, as amended from time to time and a certificate to this effect shall be provided to the Agency by this Office.
• v.In case, the tendering Agency fails to comply with any statutory/ taxati on liability under appropriate law and as a result thereof this Office is put to any loss, obligation, monetary or otherwise, this Office will be entitled to get itself re imbursed out of the outstanding bills or the Performance Security Deposit of the Agency, to the extent of the loss or obligation in monetary terms. FINANCIAL
• i.E-Performance bank guarantee (ePBG) from a Nationalized Bank/Bank Guarantee for 3% of Total Contracted amount for a period of 26 months is to be deposited by the successful bidder vide order No.F.9/4/2020-PPD dated 12.11.2 020 ii. The Earnest Money Deposit (EMD) amount to be deposited or submissio n of Bid Security Declaration will be done as per Rule 170 (iii) of GFR 2017. iii. In case of breach of any terms and conditions stipulated in the contract, the performance security Deposit of the Agency will be liable to be forfeited by t his Office besides annulment of the contract. iv. The Agency shall raise the bill, in triplicate, along with attendance shee t to the Division under whom the outsourced personnel has been deployed in th e first week of the succeeding month. The concerned office/officer will send the bills duly verified to the office of the Pr.Commissioner of Income Tax, AayakarBh avan, Mananchira, Kozhikode - 673001 for sanction and payment. vii. The claims in bills regarding Employees State Insurance, Provident Fun d, and Service Tax etc. should be necessarily accompanied with documentary p roof pertaining to the concerned month bill. A requisite portion of the bill/ whole of the bill amount shall be held up till the proof is furnished, at the discretion of this Office. viii. Settlement of disputes will be as per Indian Arbitration and Conciliation Act-1996 and venue will be the Office of the Income Tax Officer, Ward-1& TPS, Kasaragod. It is clarified that the sole arbitrator to adjudicate any disputes arising out of the proposed contract shall be nominated / appointed by the Inco me Tax Officer, Ward-1&TPS , Kasaragod. ix. Office of the Income Tax Officer, Ward-1& TPS, Kasaragod reserves the right to withdraw/ relax any of the terms and conditions mentioned above so as to overcome the problem encountered by the contracting parties. .