Gemc 511687770363541 01092022
Gemc 511687770363541 01092022
Consignee Details
Contact: 080-25625617-262
Email ID: [email protected]
GSTIN: 29BLRO06930A1DS Manpower Outsourcing Services - Minimum wage - Semi-skilled; Admin; Multi-
1
Address: ROOM NO.555 5TH FLOOR BMTC BUILDING KORAMANGALA tasking Staff
BENGALURU-560095,
BANGALORE, KARNATAKA-560095, India
Service Details
Service Start Date (latest by) : 02-Sep-2022 Service End Date : 01-Sep-2023
Number of Resources to be
Description Percentage of Service charge inclusive of GST (INR)
hired
Zipcode NA
Experience 0 to 3 Years
District NA
Additional Details
Amount of Contract
Total Contract Value Including All Duties and Taxes (INR) 2652047.42
SLA Details
1 Agreement Overview
This is a Service Level Agreement (“SLA” or “Agreement”) between the Buyer and Manpower HiringAgency/Service Provider. The purpose of this Agreement is to
facilitate implementation of Manpower Hiring Service at the Buyer’s premises, or any other premises approved by the Buyer. This Agreement outlines the scope of
work, Buyer’s obligations, special terms and conditions related to service delivery and payment of services. The Agreement remains valid till completion of scope of
services or end of contractual duration (whichever is earlier) unless mutually extended by both the parties.
The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:
I. General terms and conditions for Services;( “GTC”)
II. Service Specific Standard Terms and Conditions (“STC”) of the Services contracts shall include the service level agreement (SLA) for the service.
III. BID/ Reverse Auction specific Additional Terms & Conditions (ATC) as specified by the buyer.
The above terms and conditions are in reverse order of precedence i.e., ATC shall supersede Service specific STC which shall supersede GTC, whenever there are any
conflicting provisions. The above set of terms and conditions along with the scope of work and SLA as enumerated in this document shall be construed to be part of
the Contract/Agreement between the Buyer and Service Provider.
2 Objectives and Goals
The objective of this Agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to Buyer by Service
Provider. The goals of this agreement are to:
I. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
II. Present a clear, concise, and measurable description of services offered to the Buyer
III. Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified
IV. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons
ThisAgreement will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the
same.
i. The Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner
desired by the Buyer. Any mismatch in demand and supply of the manpower such as number of employees, educational qualification, sectoral/ desired work
experience etc. may lead to deductions and/or replacement of the resource with the matching skillset based on the approval from buyer.
ii. Service Provider shall adhere to the timeline given by Buyer for providing the required manpower on Buyer’s premise/ designated premise.
iii. The Service Provider shall not assign its rights or obligations under this Contract, in whole or in part, nor enter any subcontract to perform any portion of this
Contract, without the written consent of the Buyer. The Service Provider shall be responsible and liable to deliver the services as per the contract.
iv. The Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
v. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The biodata/ resume,
qualification and experience of the said manpower should be verified/certified by the Service Provider. In case any of such document is found to be false at any stage,
it would be deemed to be a breach of terms of contract making the Service Provider liable for legal action.
vi. The Service Provider shall be responsible for police verification, character, and antecedents’ verification of the manpower. The same may be verified by the Buyer
at the time of joining of the manpower, if he/she so desires.
vii. The manpower provided by the Service Provider shall not be deemed employees of the Buyer department hence the compliance of the applicable acts/ laws will be
the sole responsibility of the Service Provider.
viii. The Service Provider shall furnish the following documents in respect of the manpower deployed by them to Buyer's premise/ designated premise in the given
time limit:
a. List of persons deployed (monthly)
b. Biodata/ resume with antecedents’ details (at the time of deployment)
c. Copy of Aadhaar Card of the candidates (at the time of deployment)
d. Identity Cards issued by Service Provider bearing photograph (within 8 days of joining)
e. Identity proof and residential proof (at the time of deployment)
f. Copy of police verification certificate (at the time of deployment)
g. Copy of birth certificate, if required (at the time of deployment - for domicile purpose)
ix. The Service Provider shall nominate a coordinator/ Single Point of Contact (SPOC) who shall be responsible for regular interaction with the Buyer Department so
that optimal services of the persons deployed could be availed without any disruption.
x. The attendance of the manpower shall be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the
Buyer's premises.
xi. All selected manpower shall wear Identity Card provided by the Service Provider every day during working hours.
xii. The Service Provider shall issue the letter of deployment to every deployed manpower and a copy of same shall be submitted to Buyer.
xiii. In an event of deployed manpower availing leave, and if required by Buyer, suitable substitute(s) shall be provided by Service Provider as per mutual
understanding with Buyer. Service Provider shall communicate the same to buyer in advance.
xiv. In case of any resource permanently leaving the organization or taking leave for a longer duration, service provider shall communicate the same to buyer at least
1 month prior to the last working day of a resources. Suitable substitute(s) shall be provided by Service Provider as per mutual understanding with buyer.
xv. The Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.
xvi. The Service Provider shall ensure that all the relevant licenses/ registrations/ permissions which may be required for providing the services under this Agreement
are valid during the entire period of the Agreement; failing which the Buyer can take appropriate action including imposition of deductions and termination of contract.
The documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
xvii. In case of continuous work (24 hours or more than 26 days in a month), Service Provider shall be responsible to change the shifts and manpower in compliance
with the labor laws.
xviii. The persons deployed by the Service Provider shall not claim nor shall be entitled to pay, perks and other facilities admissible to regular/ confirmed employees
during the currency or after expiry of the Agreement.
xix. No medical facilities or reimbursement or any sort of medical claims thereof in respect of employees provided by the Service Provider will be entertained by the
Buyer.
xx. The persons deployed shall treat as confidential all data and information received from the Buyer and obtained in the execution of its responsibilities under this
Contract/ Agreement, in strict confidence and will not reveal such information to any other party including the Service Provider without the prior written approval of
the Buyer. In view of this, the persons deployed shall be required to sign a non-disclosure agreement and breach of the same shall make the Service Provider as well
as the person deployed liable for penal action under the applicable laws besides, action for breach of contract and termination of contract.
xxi. For all intents and purposes, the Service Provider shall be the “Employer’’ within the meaning of different Rules & Acts in respect of manpower so deployed. The
persons deployed by the Service Provider shall not have any claim whatsoever like employer and employee relationship against the Buyer.
xxii. No deployed manpower shall be allowed to stay in the Buyer’s premise/ designated premise unnecessarily after working hours without Buyer’s permission.
xxiii. Any damages/ losses caused by deployed manpower shall be borne by the Service Provider. The Buyer Department shall not be responsible for any financial loss
or any injury to any person deployed by the Service Provider during their performing the functions/duties, or for payment towards any compensation.
xxiv. The Service Provider shall be solely responsible for the redressal of grievances/ resolution of disputes relating to persons deployed. The Buyer shall, in no way be
responsible for settlement of such issues whatsoever.
xxv. The Service Provider shall be responsible for timely payment of take-home remuneration to the manpower and deposit of EPF and ESI (both employee and
employer share), failing which deductionsshall be made by buyer.
xxvi. The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the Buyer Department or any other
authority under Law.
xxvii. The Service Provider shall ensure regular payment to the deployed manpower to their entitlements like monthly salaries/ wages etc. and submit the
documentary proof of the salary paid as per the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of
disbursement of wages of previous month.
xxviii. The wages of every person deployedupon or in any establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of
the seventh day after the last day wage-period in respect of which the wages are payable. In any other establishment, wages of every person employed shall be paid
before expiry of tenth day after last day wage-period. Payment of salary/ wages to the employees shall be made in their bank accounts only, no cash or kind payment
shall be made.
xxix. The Service Provider shall furnish statement of amount paid for the month to the manpower deployed along with Transaction Details and Bank account from
which the payment has been made. Service Provider shall furnish copy of bank statement in support of amount paid as and when required by Buyer.
xxx. The Service Provider shall also deposit EPF and ESI of both employer and employee share within 15th day of the month of payment of wages.
xxxi. The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly/ quarterly/ half yearly/
annual return if any before the EPF and ESI authorities.
xxxii. All applicable taxes and duties other than mentioned in the contract document, shall be payable by the Service Provider and the Buyer shall not entertain any
claims whatsoever with respect to the same.
xxxiii. The Service Provider,at all times,will ensure that the services being provided under this Contract/Agreement are performed strictly in accordance with all
applicable laws, order, byelaws, regulations, notifications, guidelines, rules, standards, recommended practices etc. and no liability in this regard will be attached to
the Buyer.
i. The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the manpower or
by the Service Provider. The manpower as well as the Service Provider shall comply with the relevant rules and regulations applicable at present and as may be
enforced from time to time, for which the Buyer will not be liable or responsible in any manner. The onus of compliance to all the applicable laws/acts/rules etc.shall
only rest with the Service Provider. An indicative list of central labor laws is provided under Annexure 1.
ii. The cost of services quoted by the Service Provider shall cover all aspects of service delivery and include all the components of salary/ wages (minimum wage,
insurance, PF, ESI etc.) and taxes, as applicable.
iii. No advance payment shall be made to the Service Provider.
iv. Payment shall be made once the services are delivered, and the Service Provider submits the invoice for the same.
v. The Buyer shall make the payment within prescribed timelines as per the payment process flow upon submission of invoice, logbook, and service feedback.
vi. Payment shall be made only after submission of invoices, attendance sheet, logbook, service feedback, documentary proofs for PF/ESI/EDLI etc. payments. Non-
submission of the same may lead to delay/ deduction in payment.
vii. All the deductions (if applicable) shall be settled before making the payments. Service Provider shall not have any objection on the same.
viii. Payment to the manpower resources by the service provider shall be made through bank transfer only, in no circumstance cashpayment shall be made.
ix. In case of any changes in the minimum wages or any statutory wage component as per the Applicable Laws during the Contract period, the Buyer shall pay the
Service Provider the differential amount in wage.It is clarified that such increase in the wages will not have any impact on the service charges. The total value of the
service charge to be paid by the buyer to service provider shall remain same as per the original contract value.
x. Service provider will submit the invoice & upload the supporting documents such as attendance sheet, logbook etc. on GeM portal
xi. Buyer will review the documents provided by service provider & may either accept or reject based on actual performance. If required, buyer may impose any non-
delivery deductions, SLA deductions, over & above the invoice submitted by service provider.
5 Deductions
Deductions
S.
Description
No.
1st Instance 2nd Instance 3rd Instance
If the employee is absent or takes Substitute within 2 days of intimation Substitute within 2 days of intimation from
leave for more than 2 days from buyer failing which, up to 15 days, buyer failing which, up to 15 days, 2
Cancellation of the contract with
without informing buyer or taking 1day wages of absent resource/s per day. daywages of absent resource/s per day.
5 cancellation charges @ 10% of the order
prior approval without substitute Beyond 15 days, cancellation of the Beyond 15 days, cancellation of the
value
being provided by the service contract with cancellation charges @ 10% contract with cancellation charges @ 10%
provider. of the order value of the order value
6 Payment Terms
i. The Payment procedure as specified in the General Terms and Conditions (GTC) of GeM will be applicable.
ii. Payment schedule to be as per payment terms specified in bid document/ATC by the buyer.
7 Undertaking
The Service Provider hereby undertakes not to charge any money/fees/ deductions in whatever manner, name or form, or take any monetary/non-monetary
considerations, or make any unlawful deductions from the compensation/salary of the manpower/employees/resources engaged by it and, to be deployed at the
Buyer’s site. The Service Provider further agrees that it will not indulge in any unethical practices and acknowledges that any non-compliance of the aforesaid
undertaking will be treated as a material breach of the Contract, in which case the Buyer and GeM shall have the right to take appropriate independent actions
including termination of the Contract and actions as per GeM Incident Management Policy.
8 Formula Used
“d” = “bp” + “esi” + “pf” + “edli” + “bonus” + “admin” + “nm1” + “nm2” + “nm3”
Where,
“bp” = Basic dailywage (INR) exclusive of GST
“pf” = Provident Fund (INR Daily)
“edli” = EDLI (INR Daily)
“esi” = ESI (INR Daily)
“bonus” = Bonus (INR Daily)
“admin” = EPF Admin Charge (INR Daily)
“nm1” = Optional Allowance 1 (INR Daily)
“nm2” = Optional Allowance 2 (INR Daily)
“nm3” = Optional Allowance 3 (INR Daily)
“m” = Cumulative Cost (INR Daily)
8.2 Total: -
Annexure - 1
1.1 This contract is governed by the General Terms and Conditions, conditions stipulated to this Product/Service as provided in the
Marketplace.
1.2 This Contract between the Seller and the Buyer, is for the supply of the Goods and/ or Services, detailed in the schedule above, in accordance
with the General Terms and Conditions (GTC) unless otherwise superseded by Goods / Services specific Special Terms and Conditions (STC)
and/ or BID/Reverse Auction Additional Terms and Conditions (ATC), as applicable
2.1 Generic:
OPTION CLAUSE: The Purchaser reserves the right to increase or decrease the quantity to be ordered up to 25 percent of bid quantity at the time
of placement of contract. The purchaser also reserves the right to increase the ordered quantity by up to 25% of the contracted quantity during
the currency of the contract at the contracted rates. Bidders are bound to accept the orders accordingly.
2.2 Generic:
While generating invoice in GeM portal, the seller must upload scanned copy of GST invoice and the screenshot of GST portal confirming payment
of GST.
2.3 Generic:
Bidder financial standing: The bidder should not be under liquidation, court receivership or similar proceedings, should not be bankrupt. Bidder to
upload undertaking to this effect with bid.
2.4 Generic:
Duration of the service contract may be extended up to 6 months beyond the initial contract duration (subject to satisfactory performance and
mutual consent).
2.5 Generic:
Supplier shall ensure that the Invoice is raised in the name of Consignee with GSTIN of Consignee only.
2.9 Certificates:
Bidder's offer is liable to be rejected if they don't upload any of the certificates / documents sought in the Bid document, ATC and Corrigendum if
any.
2.10 Payment:
PAYMENT OF SALARIES AND WAGES: Service Provider is required to pay Salaries / wages of contracted staff deployed at buyer location first i.e. on
their own and then claim payment from Buyer alongwith all statutory documents like, PF, ESIC etc. as well as the bank statement of payment done
to staff.
1. Successful bidder should submit a security deposit of 2% of the estimated bid value is to be deposited in the name of the ZAO, CBDT, Bengaluru
as per the GFR Rule 170.
2. The performance security should remain valid for the period of 60 days beyond the date of completion of all contractual obligations of the
bidder.
4. In case the successful bidder(L1) default on any of this bid document after issue of work order, then the work order shall be cancelled with
intimation to the successful bidder and the work order shall be awarded to the next highest bidder of this bid process for the remainder period.
5. The successful bidder must pay personnel deployed to this office, salary not less than the applicable minimum rate prescribed by the central
government from time to time, and all so PF, ESI etc condition as per government prescribed rate.
6. Performance security of may be furnished in the form of an Account payee demand draft, Fixed Deposit receipt, Commercial bank in an
acceptable form safeguarding the bidder’s interest in all respects as per GFR Rule 171.
7. Registered office should be in Bengaluru (Particularly ESI and PF Establishment should be in Bengaluru).
8. Bidder should enclose copies of PAN, ESI, EPF, GST registration certificate and Establishment registration certificate issued by state govt of
Karnataka.
9. The payment shall be made to the Successful Bidder on or before 10th of the following month. In case, bills are not passed for payment due to
lack of funds, the Successful Bidder must be in sound of financial position to ensure that payment is made to DEOs/MTS before 10th of every
month continuously for atleast 3 months. At the time of submission of bill for payment, the Successful Bidder / Service Provider should submit
the proof for the previous payment made towards statutory liabilities and documentary evidence towards remittance of PF and ESI into the Govt.
account in respect each DEO/MTS. The Successful Bidder shall make only statutory deduction from the salary paid to the personal.
10. In case of any changes in the minimum wages as per the Applicable Laws during the Contract period, Buyer shall pay the Successful Bidder the
difference in wage from the amount mentioned in the contract on pro rata basis
11. The service provider should make sure that all personnel attend in uniform while on duty.
14. The Certificate of the payment of PF, ESI and EDLI every month in the format shall be provided in the prescribed format (Annexure - 1)
15. Non performance of any of the condition will be liable for termination of the contract.