Contractor Witness Executive Engineer PRESSNOTICE Public Health Engineering Department, Haryana Public Health Engineering Division Panchkula Notice Inviting Tender No. 15902-71 Dated: 06.09.2011 1. Online bids are hereby invited on behalf of Governor of Haryana for the works mentioned below:- Name of work:- A/Mtc. Of Head office Building Bay No. 13-18, Sec-4, Panchkula. “Contract for outsourcing of services/ activities for Computer Job work in office of the Engineer-in-Chief, Hr, Public Health Engineering Department, Sec-4, Panchkula. SNo. of work Estimated Cost Earnest Money Tender Document Fee During date & time Downloading of Tender Document & Payment of Tender Document Online Bid preparation and hash submission 1 Rs 17.73 lacs Rs. 35460/- Rs.1000/- From date 08.09.2011 & time 10.01 to date 16.09.2011 & time 12.00 From date 08.09.2011 & time 10.01 to date 16.09.2011 & time 12.00 Time Limit :-6 month 2. Possession of Digital Signatur e Certificat e (DSC) and registration of the contractors on the portal i.e. http://haryanaphed. etenders.in is a prerequisite for e-tendering. Kindly contact o/o Nextenders (India) Pvt. Ltd., at Basement, HSRDC Building, Bay No.13-14, Sec-2, Panchkula. Contact No : 09815034028 / 09592259876 3. For any other queries, please contact Executive Engineer, PHE Div. Panchkula, Te l .(O) 0172-2724752 Addr ess Old Estate Building, Sector-19-B, Chandigarh. For furthe r de tails and e-tendering schedule, visit website http: //haryanaphe d. etenders.in For & on behalf of Governor of Haryana Executive Engineer PHE Division Panchkula
Transcript
Contractor Witness Executive Engineer
PRESSNOTICE
Public Health Engineering Department, HaryanaPublic Health Engineering Division Panchkula
Notice Inviting Tender
No. 1 5 9 0 2 - 7 1 Dated: 06.09.2011
1. Online bids are hereby invited on behalf of Governor of Haryana for the works mentioned
below:-
Name of work:- A/Mtc. Of Head office Building Bay No. 13-18, Sec-4, Panchkula. “Contract foroutsourcing of services/ activities for Computer Job work in office of the Engineer-in-Chief, Hr, PublicHealth Engineering Department, Sec-4, Panchkula.
SNo.of
work
EstimatedCost
EarnestMoney
TenderDocument
Fee
During date & time
Downloadingof
Tender Document& Payment of
Tender Document
Online Bid preparationand hash submission
1 Rs 17.73lacs
Rs. 35460/- Rs.1000/- From date
08.09.2011 & time
10.01 to date
16.09.2011 & time
12.00
From date
08.09.2011 & time
10.01 to date
16.09.2011 & time
12.00
Time Limit :-6 month
2. Possession of Digital Signature Certificate (DSC) and registration of the contractors on the
portal i.e. http://haryanaphed.etenders.in is a prerequisite for e-tendering. Kindly contact
o/o Nextenders (India) Pvt. Ltd., at Basement, HSRDC Building, Bay No.13-14, Sec-2,
Panchkula. Contact No : 09815034028 / 09592259876
3. For any other queries, please contact Executive Engineer, PHE Div. Panchkula,Te l.(O) 0172-2724752 Address Old Estate Building, Sector-19-B, Chandigarh.
For further details and e-tendering schedule, visit website http://haryanaphed.etenders.in
For & on behalf of Governor of Haryana
Executive EngineerPHE Division Panchkula
Contractor Witness Executive Engineer
PUBLIC HEALTH ENGINEERING DEPARTMENT, HARYANAPUBLIC HEALTH ENGINEERING DIVISON, PANCHKULA
NOTICE INVITING TENDER
Online bids are hereby invited on behalf of Governor of Haryana for the following work as mentionedbelow:-
Name of work:- A/Mtc. Of Head office Building Bay No. 13-18, Sec-4, Panchkula. “Contract for outsourcing ofservices/ activities for Computer Job work in office of the Engineer-in-Chief, Hr, Public Health EngineeringDepartment, Sec-4, Panchkula.
S.No.of
work
EstimatedCost
EarnestMoney
TenderDocument
Fee
During date & time
Downloading of TenderDocument &
Payment of Tender
Online Bid preparationand hash submission
1 Rs 17.73lacs
Rs.35460/-
Rs.1000/- From date
08.09.2011 & time
10.01 to date
16.09.2011 & time
12.00
From date
08.09.2011 & time
10.01 to date
16.09.2011 & time
12.00
Time Limit 6 Months1. Tender documents can be downloaded online from the Portal: http://haryanaphed.etenders.in
by the Firms / Individual registered on the Portal.
2. As the Bids are to be submitted online and are required to be encrypted and digitally signed, the
Bidders are advised to obtain Digital Signature Certificate (DSC) at the earliest. For obtaining
Digital Certificate, the Bidders should follow point No. 3 under “Annexure-A - Conditions of e-
tendering”.
Contractor Witness Executive Engineer
3. . Key Dates
Sr.No.
PHED Stage Contractor StageStart Date and
TimeExpiry Dateand Time
1Release ofTenderdocument
-07.09.2011
10:00 hrs.
08.09.2011
10:00 hrs.
2 -
Downloading of TenderDocument & Payment ofTender Document fees
6. National Informatics Centre Ministry of Communicationand Information TechnologyA-Block CGO Complex, Lodhi Road,New Delhi-110003. Website https://nicca.nic.in
7. e-Mudhra CA3i Infotech Consumer Serivces Ltd3rd Floor, Sai Arcade, Outer Ring Road,Devarabeesanahalli, Bangalore560036, KarnatakaWebsite – http://www.e-Mudhra.com
Contractors may also obtain information and application format and documents
required for issue of digital certificate from the following:-
1. Nextenders (India) Pvt. Ltd.YUCHIT, Juhu Tara Road, [email protected]
3.4 Bid for a particular tender may be submitted only using the digital certificate, which
is used to encrypt the data and sign the hash during the stage of bid preparation and
hash submission. In case, during the process of a particular tender, the user looses his
digital certificate (i.e. due to virus attack, hardware problem, operating system problem),
he may not be able to submit the bid online. Hence, the users are advised to keep
their Digital Signature Certificates in safe custody.
3.5 In case of online tendering, if the digital certificate issued to the authorized user of a
firm is used for signing and submitting a bid, it will be considered equivalent to a no-
objection certificate/power of attorney to that User. The firm has to authorize a specific
individual via an authorization certificate signed by all partners to use the digital
certificate as per Indian Information Technology Act 2000. Unless the certificates are
revoked, it will be assumed to represent adequate authority of the user to bid on behalf
of the firm for Public Health Engineering Department, Haryana tenders as per
Information Technology Act
2000. The digital signature of this authorized user will be binding on the firm. It shall
be the responsibility of management / partners of the registered firms to inform
the certifying authority or Sub Certifying Authority, in case of change of authorized user
and that a fresh digital certificate is procured and issued an ‘authorization certificate’
for the new user. The procedure for application of a digital certificate will remain the
same for the new user.
3.6 The same procedure holds true for the authorized users in a private/Public
limited company. In this case, the authorization certificate will have to be signed by the
directors of the company.
4. Set up of machine
In order to operate on the electronic tender management system, a user’s machine
is required to be set up. A help file on setting up of the system can be obtained
from NexTenders (India) Pvt. Ltd. or downloaded from the home page of the website -
http://haryanaphed.etenders.in.>> “Information for new users”.
5. Online Viewing of Notice Inviting Tenders:
The contractors can view the N.I.T and the time schedule (Key Dates) for all the
packages floated using the electronic tendering system on
The Haryana PHED website http://haryanaphed.etenders.in. Contractor may refer to
NIT in the office of Executive Engineer.
6. Opening of an Electronic Payment Account:
6.1 For purchasing the tender documents online, contractors are required to pay the
tender documents fees online using the electronic payments gateway service as
mentioned at S.No.8.
Contractor Witness Executive Engineer
6.2 For the list of payments using which the online payments can be made, please refer tothe Home page of the Portal http://haryanaphed.etenders.in
7. Submission of Earnest Money Deposit:
7.1 Contractors have to deposit EMD into the account of the concerned Executive
Engineer through RTGS/NEFT. Earnest Money in parts either through different
banks or on different dates will not be accepted. EMD should be deposited through
RTGS / NEFT as consolidated amount in single transaction so that there is no difficulty
in accounting and also that there is no ambiguity for relating a transaction to a
particular tender.
7.2 Refund of Earnest Money Deposit to the unsuccessful bidders will be made
through cheque issued in the name of contractor / agency.
7.3 Payment of EMD may be made upto specified time of “Online bid preparation,
Hash submission & Earnest Money Deposit” as per key dates schedule of tender.
Scanned copy of the proof i.e. receipt of transaction of EMD should be uploaded
while submitting the tender. A photocopy of document of transaction made
should also be physically submitted in envelop ED.
7.4 If any agency withdraws its bid after re-encryption stage, then the Earnest Money
Deposit of such agency shall be forfeited.
8. Submission of Tender Document Fees:
The Payment can be made by eligible contractors online directly via Credit Card /
Internet Banking Account / Cash Card / Debit card. The contractors have to pay for
the tender documents online by making online payment of tender document fees using
the service of the secure electronic payment gateway. The secure electronic payments
gateway is an online interface between contractors and credit card / online
payment authorization networks.
If the tenders are cancelled or recalled on any grounds, the tender document fees
will not be refunded to the agency.
9. Purchase of Tender Documents:
Download of Tender Documents: The tender documents can only be downloaded fromthe
Electronic Tendering System on the Portalhttp://haryanaphed.etenders.in
10. Submission of Bid Seal (Hash) of online Bids:
Submission of bids will be preceded by submission of the digitally signed bid seal
(Hash) as stated in the tender time schedule (Key Dates) of the Tender. Bidders should
take note of any corrigendum being issued on the web portal on a regular basis. They
Contractor Witness Executive Engineer
should view and note down the tender Hash and ensure that it matches with their
previous noted Hash before confirming the rates.
11. Generation of Super Hash:
After the time of submission of Bid Seal (Hash) by the bidders has lapsed, the bid
round will be closed and a digitally signed tender Super Hash will be generated by
authorized Haryana PHED official. This is equivalent to sealing the tender box.
12. Submission (Re-encryption) of actual online bids:
Bidders have to submit their encrypted bids online and upload the relevant documents
for which they generated the hash at the stage of hash generation and submission
after the generation of Super Hash within the date and time as stated in the
Notice Inviting Tenders (Key Dates). The electronic bids of only those contactors who
have submitted their bid seals (Hashes) within the stipulated time, as per the tender
time schedule (Key Dates), will be accepted by the System. A bidder who does not
submit his bid seal (Hash) within the stipulated time will not be allowed to submit his
bid after the permitted time as per key dates.
13. Key Dates:
13.1 The bidders are strictly advised to follow dates and time as indicated in the Notice
Inviting Tender. The date and time will be binding on all the bidders. The bidders are
required to complete the stage within the stipulated time as per the schedule to
continue their participation in the tender. All online activities are time tracked and the
system enforces time locks that ensure that no activity or transaction can take place
outside the start and end dates and time of the stage as defined in the Notice
Inviting Tender. The bidder should check the status of a particular stage by following
the below mentioned
procedure:-
a. Click on “Main” after login into the
portal. b. Select “Tender Search” and
click on “Go”
c. N e x t screen will appear on the screen and click on “Search” button to view the
list of various tenders.
d. Select the tender whose status is to be viewed by clicking on the tender no.
e. C l i c k on “Action page” button. The status of all the stages i.e. whether “Pending”or “Completed” can be viewed.
The bidder should ensure that the status of a particular stage should be shown
as “Completed” before the expiry date and time of that particular stage and he should
possess a copy of receipt of completion of each stage to be performed from his end. It will
Contractor Witness Executive Engineer
be the sole responsibility of the bidder if the status of a particular stage is “Pending” till
the expiry date and time of that stage and he is not able to proceed further in the e-
tendering process.
Other Information:
1. The intending bidders shall fill the lump sum rate / item rate / Percentage rate in the
online templates of the online tender. The Price Bid has to be submitted mandatory
online. In case the bidder does not submit the rates of Non-schedule items, intentionally
or unintentionally, then the rates of such items will be considered as Free of Cost. If the
bidder does not agree to execute such N.S. Items for which he has not quoted rates, free
of cost, then his EMD will be forfeited.
2. The photocopy of the receipt of transaction made for payment of Earnest Money Deposit
should be put ‘ED’ sealed envelopes and these sealed envelope and delivered to this office
before the date and time mentioned in the Tender Notice alongwith documents listed
below:
i. A list of all documents accompanying the sealed envelope containing the tender
documents.
ii. Duly accepted power of Attorney in original along with its two certified copies in the
name of bidder or authorized representative to act on behalf of the agency.
3. Tenderer must strictly abide by the stipulations set forth in notice inviting tender & while
tendering for the work, the bidder shall adopt only the two envelope system.
4. The ‘CI’ envelope – Price Bid envelope has to be submitted mandatory online and shall not
be accepted physically under any circumstances. In case any bidder does not comply with
procedure given above, it will be presumed that he is not interested in the work and the
work shall not be let out to him. Further he may be de-listed without further notice to
him for failing to abide by the strictly approved terms of notice inviting tender for this
work.
5. The tenders which are not accompanied by the earnest money or proof of earnest money
or do not strictly follow the technical requirement, are liable to be rejected summarily.
6. Tenders / quotations, which are dependent upon the quotations of another bidder, shall
be summarily rejected.
Contractor Witness Executive Engineer
Note: - Bidders participating in e-tendering shall check his/her validity of Digital Signature Certificate beforebidding in the specific work floated online at e-tendering portal of Public Health Engineering Department,Haryana on the website http://haryanaphed.etenders.in. Also, the bidder will be held liable solely, in case,while bidding in particular stage - Date & Time expired as per the key dates available on the tender document.Key dates are subject to change in case of any amendment in schedule due to any reason stated by concernedExecutive Engineer of the Department.
TENDER FOR WORKS
I/we hereby tender for the execution, for the Public Health and Engineering Department Of the
Name of work:- A/Mtc. Of Head office Building Bay No. 13-18, Sec-4, Panchkula. “Contract for outsourcing ofservices/ activities for Computer Job work in office of the Engineer-in-Chief, Hr, Public Health EngineeringDepartment, Sec-4, Panchkula.
Amt. Rs. 17.73 Lacs
as specified in the Tender Document within the time specified in such memorandum.
1 Contract for outsourcing of services /activities for computer job work inoffice of the Engineer-in-Chief Haryana sector-4, Panchkula.(29 NosClerks)
Job work Job
Contractor Witness Executive Engineer
*Enter the rates both in words and figures only in spaces given above. In the event of variation of rate in wordsand figures, tender may be rejected or otherwise the lower value only shall be considered. Also in case of N.S. items, ifrate of any item is not quoted by the contractor, the same shall be considered as free of cost. If the contractor feelsthat some item is necessary for smooth operation of the W ater W orks and the same has not been listed, thecontractor shall list and include the cost of same in his offer.
Name of work:- A/Mtc. Of Head office Building Bay No. 13-18, Sec-4, Panchkula. “Contract foroutsourcing of services/ activities for Computer Job work in office of the Engineer-in-Chief, Hr, PublicHealth Engineering Department, Sec-4, Panchkula.
Amt. Rs. 17.73 Lacs
TEN
DER
DO
CU
MEN
T
PUBLIC HEALTH ENGINEERINGDEPARTMENT
PANCHKULA DIVISION,
YAMUNA NAGAR CIRCLE,
HARYANA
Tender for Name of work:- A/Mtc. Of Head office Building Bay No.13-18, Sec-4, Panchkula. “Contract for outsourcing of services/ activitiesfor Computer Job work in office of the Engineer-in-Chief, Hr, PublicHealth Engineering Department, Sec-4, Panchkula.
Amt. Rs. 17.73 Lacs
Contractor Witness Executive Engineer
Contractor Witness Executive Engineer
NOTICE INVITING TENDER
1. For and on behalf of the Governor of Haryana, tenders in sealed are hereby invited for the execution ofthe work given below from firms of repute/such contractors, who are having a valid certificate ofenlistment issued by a competent officer of Haryana P.W .D. W ater Supply & Sanitation Deptt. forany state Govt. / Central Govt. / Public sector for under taking duly renewed upto date (onwhich tenders are to be opened):-
Name of the Work: Name of work:- A/Mtc. Of Head office Building Bay No. 13-18, Sec-4,Panchkula. “Contract for outsourcing of services/ activities for Computer Job workin office of the Engineer-in-Chief, Hr, Public Health Engineering Department, Sec-4, Panchkula.
Amt. Rs. 17.73 Lacs
Amt. Rs. 19.98 Lacs
Estimated Cost Rs. 17.73 lacs.
Particulars of theSanitation DepartmentOfficer Inviting Tender
Executive Engineer, Panchkula Division, Haryana Public Health EngineeringDepartment, Hereinafter referred to as “ Executive Engineer”
2. Tenders shall be on the prescribed from only. Any telegraphic offer or any letter or documentpurported to be a tender but not on the said prescribed from shall be outright rejected and thesame shall not be announced to have been received at the time of opening of tenders.
3. The form to be used for the tender shall be the one obtained from the said “Executive Engineer”who will issue the same for use by specific contractor and for specific tenders for specific works.The prescribed form inter alia contains the “Conditions of contract” which shall be required to becomplying with by the contractor, whose tender may be accepted.
4. The prescribed from can be obtained from the office of the “Executive Engineer” on payment of Rs.2000/- being the cost of one tender form. This may be paid by cash or by crossed Postal Order,payable to the said Executive Engineer”. Only one from shall be issued to one contractor. The sale offorms will cease 48Hrs. before the time fixed for submission of tenders as indicated in this notice.
a) General Description“Name of work:- A/Mtc. Of Head office Building Bay No. 13-18, Sec-4, Panchkula. “Contract foroutsourcing of services/ activities for Computer Job work in office of the Engineer-in-Chief, Hr,Public Health Engineering Department, Sec-4, Panchkula.
Amt. Rs. 17.73 Lacs
a) Estimate cost Rs.17.73 Lacs
b) Earnest Money Rs. 35460/-
c) Security deposit (including earnest money ) Rs. 10%
d) Percentage , if any , to be deducted from bills 10% (after adjusting earnest money)
e) Time allowed for the work from date of written order to commence 6 months.
Contractor Witness Executive Engineer
SERVICE AGREEMENT
THIS AGREEMENT is made on this day of between the Executive Engineer, PublicHealth Engineering Division, Panchkula at Chandigarh of the first part hence after referred to asExecutive Engineer, Public Health Engineering Division, Panchkula at Chandigarh and M/s________________an agency / contractor having its place of business or registered office atreferred to as “ Service Provider” which expression shall, unless repugnant to the context ormeaning thereof, be deemed to mean and include its/his/her/their respective heirs, executors,administrators and successors / the partner(s) for the time being of the said firm the survivor(s) ofthem and the executors, administrators and successors of the surviving partners, as the case maybe on the second part.
WHEREAS the Service Provider is engaged in the business of providing of 1 No. Clerk
AND WHEREAS the Service Provider has expressed his keen desire to provide the said servicesto the Public Health Engineering Division, Panchkula at Chandigarh under this Agreement.
AND WHEREAS on the aforesaid representation made by the Service Provider to the PublicHealth Engineering Division, Panchkula at Chandigarh, the parties hereby enter into thisAgreement on the terms and conditions appearing hereinafter.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS AGREED BY ANDBETWEEN THE PARTIES AS UNDER.
1. SERVICE PROVIDER’S REPRESENTATIONS AND WARRANTIES
The Service Provider hereby represents, warrants and confirms that the Service Provider:-
1.1 Has full capacity, power and authority to enter into this Agreement and during thecontinuance of this Agreement, shall continue to have full capacity, power andauthority to carry out and perform all its duties and obligations as contemplatedherein and has already taken and shall and continue to take all necessary andfurther action (including but without limiting to the obtaining of necessary approval /consents in all applicable jurisdictions) to authorize the execution, delivery andperformance of this Agreement.
1.2 Has the necessary skills, knowledge, expertise, adequate capital and competentpersonnel; system and procedures, infrastructure, capacity and capability to performits obligations in accordance with the terms of this Agreement and to the entiresatisfaction of the Public Health Engineering Division, Panchkula at Chandigarh.
1.3 Shall on the execution of this Agreement and providing services to the Public HealthEngineering Division, Panchkula at Chandigarh. not violate, breach and contraveneany conditions of any agreement entered with any third parties.
1.4 Has complied with and obtained necessary permissions / licenses / authorizationsunder the Central, State and local authorities and obtained all required permissions /licenses for carrying out its obligations under this Agreement.
Contractor Witness Executive Engineer
2. OBLIGATIONS OF THE SERVICE PROVIDER
(a) The Service Provider shall operate and provide services to PWD, Water Supply &Sanitation Division Ambala Cantt as per its requirements elaborated in the Scope ofWork at Annexure ‘C’.
(b) The regularity of the performance of the services shall be the essence of thisAgreement and shall form a central factor of this Agreement. The Service Providershall take all possible steps to ensure to maintain its performance as determined bythe PWD, Water Supply & Sanitation Division from time to time.
(c) The assessment made by the Service Provider in the tender including number ofComputer knowing clerks as required to provide/give the required quality of servicesshall be final and acceptable by and binding upon the Service Provider.
(d) If the PWD, Water Supply & Sanitation Division notices that the personnel of theService Provider has/have been negligent, careless in rendering the said service,the same shall be communicated immediately to the Service Provider who shall takecorrective steps immediately to avoid recurrence of such incident(s) and reports tothe PWD, Water Supply & Sanitation Division.
(e) If any of the personnel of the Service Provider indulges in theft, negligence or anyillegal/irregular activity, misconduct etc., the Service Provider shall take appropriateaction against its erring personnel and intimate accordingly to the PWD, WaterSupply & Sanitation Division or itself can take action in accordance with law.
(f) The Service Provider shall furnish a personnel guarantee of the due performance bythe Service Provider of its obligations under this Agreement.
3. Assignment of Agreement:-
This Agreement is executed on the basis of the current management structure of theService Provider. Therefore, any assignment of this Agreement, in part or whole, to anythird party shall be a ground for termination of this Agreement forthwith. The successfultenderer shall be required to execute this Agreement on stamp paper of appropriate valueat his own cost.
4. Terms :-
This Agreement shall be effective initially for a period of 3 (Three months) with effect from…….. to …………………, which is further extendable upto on the same rates, termsand conditions accepted by the Service Provider subject to satisfactory performance of theservices and statutory compliance of all the terms and conditions of this Agreement andSubject to the approval of the competent authority. The contract shall stand automaticallycancelled if the competent authority does not to grant such approval for extension.
5. Security Deposit:-
The Service Provider shall be required to deposit Security of Rs. 5000/- in the form ofFixed Deposit Receipt or Deposit-at-Call from any of the Commercial Banks in an
Contractor Witness Executive Engineer
acceptable form drawn in the name of the Executive Engineer, Public Health EngineeringDivision, Panchkula at Chandigarh payable at which shall remain valid for One yearcovering the total period of contact including Six month upto which this Service Contractmay be extended.
6. Commencement of Services / Activities:-
The Service Provider is required to commence the Services / Activities within 15 (fifteen)days from the date of issue of letter of intent for the award of contract. In the event offailure, a penalty @ 1% (one percent) per day of the total monthly value of contract shall beimposed from the date of issue of letter of intent for non-commencement of the Services /Activities subject to the condition that in no case it shall exceed 10% of the total value ofthe contract. In case, the Service Provider fails to commence the Services / Activities within30 days from the date of issue of letter on intent, it will be presumed that he is no moreinterested in taking over this Service Contract and the letter of intent shall be treated ascancelled at the risk and cost of the Service Provider and his entire deposits includingEarnest Money Deposit (EMD) shall stand forfeited.
7. Recruitment / Removal of Personnel by the Service Provider :-
Recruitment / removal of Manpower for 1 No. System Manager ( i.e. no. of persons to bedeployed as per their eligibility conditions) mentioned in the Scope of Work at Annexure-‘C’to be deployed at Public Health Engineering Division, Panchkula at Chandigarh during thecurrency period of this Agreement shall be made on the recommendations Public HealthEngineering Division, Panchkula at Chandigarh. The Service Provider shall issueappointment letters and immediately communicate the list of his employees indicating theirName, age, percentage, address both residential and permanent, term of appointment etc.in respect of each employee engaged by him on the date of deployment in Public HealthEngineering Department, Haryana, Panchkula as well as any subsequent changes, if any,of his employees.
8. Determination of quality of Services/ Activities:-
The decision of the Superintending Engineer / Executive Engineer with regard todetermining the quality of Services / Activities done by the Service Provider shall be finaland binding upon the Service Provider. The Service Provider shall, therefore, promptlyrectify the defects / deficiencies, if any, so pointed out without any extra payment. TheSuperintending Engineer / Executive Engineer shall also reserves the right to get theServices / Activities so rejected, done /replaced at his own level and at the risk and cost ofthe Service Provider by giving him a notice of 7 days in writing. The expenditure soincurred on this account shall be recovered from the bills of the Service Provider or anyother outstanding dues or by forfeiture of any or all parts of the Security Deposit / BankGuarantee, or in whatever manner law permits.
Contractor Witness Executive Engineer
9. Supervisory Control:-
The persons so deployed shall be under the over all control and supervision of the Serviceprovider. The Service Provider shall take all reasonable precautions to prevent anyunlawful act or disorderly conduct of his employees so deployed and for the preservation ofthe peace and protection of persons and property of the Public Health Engineering Circle /Division.
10. Replacement of Manpower:-
The Superintending Engineer / Executive Engineer or any other officer(s) so authorized byany of them shall be at liberty to carry out any surprise check on the working of theperson(s) so deployed by the Service Provider in order to ensure that the required numberof person(s) are deployed and that they are performing their duties efficiently andsatisfactorily. In case, any person so deployed by the Service Provider does not come uptothe mark or performs his duties improperly or indulges in any unlawful act or disorderlyconduct, the Service Provider shall take suitable action against such employees. In case ofany complaint /defect/deficiencies so pointed out by the said authorities in writing, theService Provider shall immediately attend to the same and replace the particular person(s)so deployed.
11. Statutory Compliance(s) :-
(a) The Service Provider shall obtain all Registration(s) / Permission(s) / License(s) etc.which are/may be required under any labour laws or other legislation(s) for providingthe services under this Agreement.
(b) It shall be the Service provider’s responsibility to ensure compliance of all theCentral and State Govt. Rules and Regulations with regard to the provisions of theservices under this Agreement. The Service Provider indemnifies and shall alwayskeep Public Health Engineering Division, Panchkula at Chandigarh indemnifiedagainst all losses, damages, claims, actions taken against Public HealthEngineering Division, Panchkula at Chandigarh by any authority/office in this regard.
(c) The Service Provider undertakes to comply with the applicable provisions of allwelfare legislation and more particularly with the Contract Labour (Regulation andAbolition) Act, 1970 and rules framed there under, as applicable, for carrying out thepurpose of this Agreement. The Service Provider shall further observe and complywith all Govt. laws concerning employment of persons employed by the Serviceprovider and shall duly pay all sums of money to such persons as may be requiredto be paid under such laws. It is expressly understood that the Service Provider isfully responsible to ascertain and understand the applicability of various Acts, andtake necessary action to comply with the requirements of laws.
(d) The Service Provider shall at all times indemnify and keep indemnified Public HealthEngineering Division, Panchkula at Chandigarh against any claim on account ofdisability / death of any of its personnel caused while providing the serviceswithin/outside the site or other premises of Public Health Engineering Division,Panchkula at Chandigarh, which may be made under the Workmen’s CompensationAct, 1923 or any other Acts, or any other Statutory modifications thereof or
Contractor Witness Executive Engineer
otherwise for or in respect of any claim for damage or compensation payable inconsequence of any accident or injury sustained by the worker or the personnel ofthe Service Provider or in respect of any claim, damage or compensation underLabour laws or other laws or rules made there under by any Person whether in theemployment of the Service Provider or not, who provided or provides the service atthe site or any other premises of Public Health Engineering Division, Panchkula atChandigarh Shall be as provided herein before.
(e) The Service Provider shall at all time indemnify and keep indemnified the PublicHealth Engineering Division, Panchkula at Chandigarh against any claim by anythird party for any injury, damage to the property of the third party or for any otherclaims what so ever for any acts of commission or omission of its employees orpersonnel during the hours of providing the services at Public Health EngineeringDivision, Panchkula at Chandigarh Premises or before and after that.
(f) That, if at any time, during the operation of this Agreement or thereafter, PublicHealth Engineering Division, Panchkula at Chandigarh is made liable in any mannerwhatsoever by any order, direction or otherwise of any Court authority or Tribunal, topay any amount whatsoever in respect of or to any of present or ex-personnel of theService Provider or to any third party in any event not restricted but including asmentioned in sub-clauses No. (a), (b) and (c) herein above, the Service Providershall immediately pay to PWD, Water Supply & Sanitation Division, Panchkula atChandigarh all such amount and costs also and in all such cases/events, thedecision of Public Health Engineering Division, Panchkula at Chandigarh shall befinal and binding upon the Service Provider. The Public Health Engineering Division,Panchkula at Chandigarh.
(g) Shall be entitled to deduct any such amount as aforesaid, from the Security Deposit/ Bank Guarantee and/or from any pending bills of the Service Provider or recoverthe amount in whatever manner law permits.
12. Liabilities and Remedies:-
(a) In the event of failure of the Service Provider to provide the services or part thereofas mentioned in this Agreement for any reasons whatsoever, the Public HealthEngineering Division, Panchkula at Chandigarh shall be entitled to procure servicesfrom other sources at the risk and cost of Service Provider and he shall be liable topay forthwith to Public Health Engineering Division, Panchkula at Chandigarh. Thedifference of payments made to such other sources besides damages at double therates of payment.
(b) In the event of exigencies arising due to Death, Infirmity, Insolvency etc. of theService Provider or for any other reason or circumstances, liabilities of the ServiceProvider shall be borne by the following on such terms and conditions, as theExecutive Engineer may think proper in public interest.i) Legal heirs in case of sole proprietor,ii) The next Partners, in the case of Partnership firms, Directors & other persons
responsible for managing day to day affairs of company.iii) Otherwise the Executive Engineer shall reserves the right to settle the matter
according to the circumstances of the case, as he may think proper.
Contractor Witness Executive Engineer
13. TERMINATION
Contract will stand automatically terminated on the expiry of the contract period, withoutany notice.
The contract may be terminated by giving One month notice in case: -
(i) The Service Provider consistently provides unsatisfactory services.(ii) The Service Provider assigns the Services/Activities or any part thereof to
any other person for sub-letting the whole or a part of the Services/Activities.
(iii) The Service Provider is declared insolvent by any court of law.
(iv) The Service Provider is not interested to complete / continue the Services /
Activities.
Provided that during the notice period for termination of contract, the Service
Provider shall continue to provide the services / activities smoothly as before till the
expiry of notice period.
The contract shall be terminated when law in force for contract bars the service provider.
Persons engaged by service provider shall not claim any regularization of service in the Department.
14. Removal of personnel on termination of Service:-
It shall be the duty of the Service Provider to remove all the persons deployed by him on terminationof the contract on any ground whatsoever and ensure that no person shall create anydisruption/hindrance/problem of any nature to the Public Health Engineering Division, Panchkula atChandigarh.
15. Dispute Redressal Clause: -
This agreement shall be deemed to have been made / executed at …………………….forall purposes. In the event of any dispute related to the interpretation or rights or liabilitiesarising out of this Agreement, the same shall, at first instance, be amicably settled betweenthe parties. If any dispute is not settled amicably, the same shall be referred to the sole
Contractor Witness Executive Engineer
Arbitrator i.e. the Superintending Engineer, Public Health Engineering Circle under whichExecutive Engineer’s office false at the time of reference of dispute. When SuperintendingEngineer is first party, arbitrator will be decided by Engineer-in-Chief, Public HealthEngineering Department, Panchkula from working Chief Engineers / SuperintendingEngineers. The award given by the Arbitrator shall be final and binding upon both theparties. The venue of Arbitrator shall be the Haryana Civil Secretariat, Sector – 17,Chandigarh.
16. Service of notices
Any notice or other communication required or permitted to be given between the partiesunder this Agreement shall be given in writing at the following address (es) or such otheraddress (es) as may be intimated from time to time in writing.
Complete Address of Department Complete address of the ServiceProvider
Public Health Engineering Circle, Y/Nagar.Public Health Engineering Division,Panchkula at Chandigarh.
Contractor Witness Executive Engineer
ANNEXURE – ‘C
TENDER FOR CONTRACT FOR OUTSOURCING OF SERVICES / ACTIVITIES FOR1 NO. CLERK
SCOPE OF WORK
Sr.No.
CATEGORYOF PERSONS
NUMBER OF PERSONSASSESSED TO BEDEPLOYED, SUBJECTTO VARIATIONDEPENDENT ONWORKLOAD
QUALIFICATIONS ANDEXPERIENCE
CHARGES
1. Job work Per Job 1. 10 pass from recognizedboard
2. knowledge of Hindi uptometric standard
2. Knowledge of Computer.
Charges for theservices shall beprovided as per ratesfixed by the deputycommissioner of thearea for the services.
PUBLIC HEALTH ENGINEERING DIVISION, PANCHKULA AT SEC-19-B,CHANDIGARH.
Contractor Witness Executive Engineer
ANNEXURE – ‘D’
UNDERTAKING
I/We (Name) __________________________________________ Service Provider/Partner /Sole Proprietor (strike out which is not applicable) of (Firm)____________________________ do hereby solemnly affirm, declare and undertake that: -
(a) I undertake that I shall obtain all Registration(s)/Permission(s)/License(s) etc. whichare/may be required under any Labour Law or other Legislation(s) for providing theservices under this Agreement.
(b) It is my responsibility to ensure compliance of all the Central and State Governmentrules and Regulations with regard to the provisions of the services under thisAgreement. I indemnify and shall always keep Department indemnified against alllosses, damages, claims, actions taken against Department by any authority / officein this regard.
(c) I undertake to comply with the applicable provisions of all welfare legislation andmore particularly with the Contract Labour (Regulation and Abolition) Act,1970, forcarrying out the purpose of this Agreement. I shall further observe and comply withall Government laws concerning employment of staff employed by me and shallalone be responsible to make monthly wages/salaries and other statutory dues likeEmployees Provident Fund, Employees State Insurance, Employees Deposit LinkInsurance, Bonus, Gratuity, Maternity etc. to my/our employees, which in any caseshall not be less than the Minimum Wages as fixed or prescribed under the WagesAct, 1936, Minimum Wages Act, 1948 (Act XI of 1948), Chandigarh Contract Labour(Regulation and Abolition) Act, 1970 and rules framed there under for the categoryof persons employed by me from time to time or by the Central or State Governmentand/or any authority constituted by or under any law shall duly pay all sums ofmoney to such staff as may be required to be paid under such laws. It is expresslyunderstood that I am fully responsible to ascertain and understand the applicabilityof various Acts, and take necessary action to comply with the requirements of laws.
( SIGNATURE)
Contractor Witness Executive Engineer
ANNEXURE – ‘B‘
AFFIDAVIT
I/We _________________________Service Provider / Partner / Sole Proprietor of (Firm)
______________________________do hereby solemnly affirm and declare that I / We, individual
/ firm / companies are not black listed / prosecuted by any Central /State Governments /Union
