INDEXING /CHECK LIST OF THE DOCUMENTS WHICH ARE TO BE UPLOADED ON

GEM PORTAL BY BIDDER IN PDF FORM INDICATING DESCRIPTION/TYPE OF THE

DOCUMENTS & NUMBER OF PAGES ON EACH PDF FOLDER
Sl. Description/ Name/Title of the Document Status of Serial No. of
No. document Pages

Yes/No From To
1. The Bidder shall fulfill the following financial criteria:-

(i) Gross Turnover Certificate of the intending bidder duly

certified by their Chartered Accounts for the last three financial
years:,2019-20,2020-21 & 2021-22 showing average value of
turnover. The Average Value should not be below Rs. 305 lakh
i.e 50% of their estimated cost of the Rs.6,09,86,208/-as per
stipulated terms & conditions on GeM Portal. Copies of
audited balance sheets for the last three financial years:,2019-
20,2020-21 & 2021-22 to be submitted alongwith ITR.
(ii) Net Worth of the Company during the last three audited
financial years should be minimum 40% of the bid value duly
certified by the CA. An undertaking to be furnish by the Bidder
in this regard.
2 PAST EXPERIENCE FOR SERVICES: The Bidder must
have experience of successfully providing the security services in
last three years for 300 or more bedded hospital. In addition to
this, the technical capability of the bidder will further be
evaluated as per follows:-

(i) The Bidder must have executed at least one single work order
of 80% value of the Bid Value Rs. 6,09,86,208/-i.e. not less
than Rs. 488 Lakh
Or
(ii) Two (2) work orders each of 60% value of the Bid value of
Rs. 6,09,86,208/-i.e. not less than Rs. 366 lakh
Or
(iii) Three (3) work orders each of 40% value of Rs. 6,09,86,208/-
i.e. not less than Rs.244 lakh of the Bid for similar service(s)
in last three years (April 2019 to March 2022) in hospital
with 300 or more beds. The documentary proof to be
submitted along with the Bid and each of work completion
certificates of the execution of work should be satisfactory
performance issued by the respective Govt. authorities where
work execution done or going on otherwise experience
certificate will not be entertained.
3 Income Tax Returns (I.T.Rs) for following last three years :- (a)
(a) Assessment Year -2020-21(F.Y.2019-20)
(b) Assessment Year -2021-22(F.Y.2020-21)
(c) Assessment Year -2022-23(F.Y.2021-22)
4 The bidder should have a valid PAN and GST Registration (copy
of PAN card and GST Registration certificate should be submitted
in this regard).
5 Documentary Evidence for an office of the Service Provider in
the state of “Delhi”
6 The bidder must have latest version of valid ISO-9001 certificate
7 i. Registration Certificate of MSME/NSIC
ii. Startup bidder must have a certificate for recognition issued
by Ministry of Commerce & Industry, GOI
8 Company Society Registration
9 Profit & Loss certificate for three financial year 2018-19, 2019-20
& 2020-21 duly certified by CA, if shown loss the bid will be
rejected
10 The bidder should not be insolvent, in receivership, bankrupt or
being wound up, not have had their business activities suspended
and not be the subject of legal proceedings for any of the
foregoing. An undertaking by the bidder should be submitted.
The bidder should have a solvency of the amount equal to 40% of
the estimated cost of bid. An certificate duly certified by
respective bank to be furnish by the Bidder in this regard.
11 The Bidder should not be debarred/banned/restricted/ blacklisted
by Union Govt./State Govt. /PSU in India or abroad as on date of
submission of the Bid. An undertaking should be submitted in
this regard on the company letter head.
12 "No-Conviction Certificate" duly signed by authorized
representative of the bidder should be submitted in the prescribed
format.
13 The bidder should give an undertaking on the company's letter
head that all the documents/certificates/information submitted by
him against this Bid are genuine. In case any of the
documents/certificates/information submitted by the bidder is
found to be false or forged, Issuer/Purchaser shall immediately
reject the bid of such bidder(s) or cancel/terminate the contract
and forfeit EMD/Performance Security submitted by the bidder.
 Additional Terms and Conditions for Cleaning and
Sanitation Services through GeM Portal

1. Adherence to provisions of the Mental Healthcare Act, 2017 (MHA, 2017)

and rules framed there under:-

(i) IHBAS being a Mental Health Institute funded by Govt. of NCT of Delhi
has to ensure the compliance of the MHA, 2017 and rules framed there under:-
Section 20 of the aforesaid act has provided the Rights of mentally ill patients
from protection from cruel, inhuman or degrading treatment in any mental health
establishment. Section-21 of the act provides Right to equality and non-
discrimination. Therefore the Manpower Services (Sanitation) contractor and
their Sanitation Workers must have sensitivity towards such issues.

(ii) Section 20 of the MHA-2017 mention that every person with mental illness
shall have a right to protection from cruel inhuman and degrading treatment and
Section 21 deals with every person with mental illness having right to equality
and non-discrimination. Section 108 & 109 of the MHA, 2017 provides
punishment for contraventions of any of the provisions of this Act, of any rule of
regulation made there under. In order to safeguard the interest of the Institute
and as a deterrent measure, Manpower Services (Sanitation) contractor and its
workers will be liable for legal action under relevant penal provisions including
IPC & CRPC for violation of the provisions of the Mental Healthcare Act, 2017
and Rules framed there under. In case of such incidents involving violation of
rights of Persons with Mental Illnesses, the Institute reserves the right to file an
FIR/Criminal Complaint against both; the contractor and the erring Sanitation
Workers under Section 108 & 109 of Mental Healthcare Act 2017, apart from civil
remedies available to the Institute as per law, for any damages accruing to it.
Therefore, the Contractor agrees to adherence and liable to comply the
provisions of the Mental Healthcare Act, 2017 (MHA, 2017) and in case of any
violations of this act, an administrative stern action alongwith legal action shall be
taken against both the contractor and the erring worker.

2. Attendance Mechanism:- The Bio Metric System (BAS) is installed at Institute

for all the workers/employees of IHBAS for better checks and controls. The
Contractor shall not be allowed to deploy any Sanitary Attendant & Sanitary
Supervisor if he/she is not registered on BAS of the Institute. Besides, BAS, the
contractor will be supposed to maintain daily attendance record manually as per
the deployment plan which will be submitted to OIC/Nodal Officer (Sanitation)
daily after countersignature of contractor’s authorized signatory who will be
responsible for day to day functioning of Sanitation Services at IHBAS. At the
end of every month, the monthly manual attendance of each and every Sanitary
Attendant & Sanitary Supervisor will be compared from the BAS record of the
Sanitary Attendant & Sanitary Supervisor. If any difference is found amongst
 manual attendance record and the BAS record, the attendance verified by
OIC/Nodal Officer (Sanitation) will be considered as admissible for the purpose of
billing as well as other statutory obligations of Sanitary Attendant & Sanitary
Supervisor except in exceptional conditions.

3. PAST EXPERIENCE FOR SERVICES: The Bidder must have experience of

successfully providing the security services in last three years for 300 or more
bedded hospital. In addition to this, the technical capability of the bidder will
further be evaluated as per follows:-

(i) The Bidder must have executed at least one single work order of 80% value
of the Bid Value Rs. 6,09,86,208/-i.e. not less than Rs. 488 Lakh
Or
(ii) Two (2) work orders each of 60% value of the Bid value of Rs. 6,09,86,208/-
i.e. not less than Rs. 366 lakh
Or
(iii) Three (3) work orders each of 40% value of Rs. 6,09,86,208/-i.e. not less
than Rs. 244 lakh of the Bid for similar service(s) in last three years (April
2019 to March 2022) in hospital with 300 or more beds. The
documentary proof to be submitted along with the Bid and each of work
completion certificates of the execution of work should be satisfactory
performance issued by the respective Govt. authorities where work
execution done or going on otherwise experience certificate will not be
entertained.

4. Payment and Statutory Obligations :- The contractor is supposed to submit

the bill of previous month along with documentary proof of statutory compliance
i.e EPF, ESI and GST challan in exclusive manner for reimbursement upto 15 th
of succeeding month without any further delay. If the bill is received after 15 th day
of the month, the same will not be entertained by this Institute. The Service
Provider will mandatorily submit the proof as having deposited PF, ESIC for the
workers deployed exclusively and only within IHBAS premises. Such proof in
respect of the workers deployed at sites other than IHBAS is neither required nor
it will be entertained at all. Also the receipt & challans for GST amount deposited
by Service Provider must be for the services provided exclusively for IHBAS and
not for any other site.

The Service Provider shall be responsible for timely payment of minimum wages
to its workers latest by 7th of every month (irrespective of payment by IHBAS to
the vendor) and certificate to this effect will also be submitted to this Institute
immediately after release of minimum wages to the workers by 8 th or next
working day failing which penalty of Rs. 100/- per worker per day. The payment
of monthly bill will be made on reimbursement basis.
5. Valid Labour License :- The contractor shall obtain a valid Labour license
from the competent Licensing Officer under the provision of Contract Labour
(Regulation and Abolition) Act, 1970 and Contract Labour (Regulation &
Abolition) Central Rules, 1971 within 90 days of the date of this Agreement. If
the Contractor is unable to submit the license for any reason whatsoever or fails
to obtain the license within the stipulated period otherwise 02% of penalty of
contract value will be imposed.

6. Bonus Reimbursement to contractor: In accordance with the payment of

bonus to outsourced workers by the contractor under payment of Bonus Act-
1965, if such establishment has employed 20 or more workers on any day during
the accounting year in its six years of existing/business (i.e. newly formed
established which have completed statutory infancy period of 5 years as per
Section 15 of the Act), the minimum statutory bonus under the Act is 8.33% of
the payable wages as provided under section-10 of the Act. Hence the bonus
element has been taken into consideration to workout estimated cost of the
tender.

7. The contractor shall ensure that the wages to worker will be made on the three
national holidays which is 26th January Republic Day, 15th August Independence
Day and 2nd October Mahatama Gandhi Birthday in accordance with Industrial
Establishments (National & Festival) Holiday Act, 1974.

8. UNIFORM/DRESS AND IDENTITY CARD-

The workers engaged by the contractor shall be dressed in neat and clean
uniform with proper Identity Cards showing contact details of agency, EPF No,
and ESI No. of worker, failing which a penalty of Rs.500/- for each instance per
person will be imposed on the Contractor. Habitual offenders in this regard shall
be withdrawn from the deployment as per SLA. The Contractor shall provide
minimum of two sets each of summer and winter uniforms (Including Sweater,
Shoes& Socks) to its workers within 01 months from the date of award of
contract. Accordingly, the contractor will submit an undertaking to Director,
IHBAS as having completed this action within 01 month.

9. PENALTY AND TERMINATION

In case the contractor fails to commence/execute the work as stipulated in the

agreement or there is a breach of any terms and conditions of the contract the
hospital reserves the right to impose the penalty as detailed below:
S Offences Penalties (In Rupees)
No

1. Not found displaying photo ID 100/- per person per default per day

2. Worker not in proper Uniform 1. No penalty will be imposed for not

wearing uniform for a particular day.
2. 2nd Instance: 500 per person per
default per day
3. 3rd Instance 1000 per person per
default per day

3. Indulging in 1000/- with removal of the offender

smoking/drinking/sleeping or
any other misconduct during
duty hours

4. Duty performed by a worker With Due permission from the Sanitary

for more than one shift in 24 Officer linked to Biometric attendance
hours system, Not more than 5% of the total
attendance. Penalty of 200/- per person per
default in case of non-compliance

5. Unsatisfactory performance Individual Complaint: 1000/- per instance.

Adverse report by ad hoc Committee for
inspection: 5000/- per instance.
Adverse Monthly report: 10,000/- per report .

6. Machine out of 2000/- per machine per day

order/deploying lesser no. of
machines

7. Wrong/Improper chemical 5000/- per instance

8. Absenteeism/Under deployed Penalty equal to 2 times wages of the person

who was to do duty shall be levied along with
Rs. 500

9. Complaints are not registered 500/- per instance

or not redressed

10. Absence of appropriate 200/- per instance For any other breach
 personal protective gears

11. For any other breach, Rupees 5000/- will be imposed per day
violation or contravention of
any terms and conditions

12. In case the services remain penalty of 5% of the annual contract value
consistently unsatisfactory for will be imposed
a period of more than 2
weeks

(i) 2% of cost of order/agreement (Annual cost to Hospital as quoted in tender) per

week, up to 2 weeks delays for non-execution of contract after award of work.
(ii) During the interim period of award of work and taking over of contracted work by
the successful bidder, the on-going system by earlier service provider will
continue.
(iii) Equipment uptime should be 100%. The bidder should keep adequate spare
equipment in stock to maintain the 100% uptime.
(iv) In case penalty is recovered from the performance security then the bidder will
have to deposit the corresponding amount before release of further payments.
(v) In case of any damage/loss/theft of property attributed to the personnel deployed
by the Service Provider the cost of the same will be recovered from the service
provider.

10. Shortfall of document :

Any document not enclosed by the bidder can be asked for, as in case of the
traditional tender, by the purchaser and submitted by the bidder online, provided
it does not vitiate the tendering process.

11. Corrigendum, clarifications, modifications and withdrawal of bids :

All these steps are also carried out online mutadis mutandis the normal tendering
process;

12. Liability of the Services Provider for any direct loss or damages :
The Services Provider’s liability under this Agreement shall be determined by the
Applicable Laws and the provisions thereof. The Service Provider shall, subject
to the limitation specified in the agreement be liable to the Authority for any direct
loss or damage accrued or likely to accrue due to deficiency in Services rendered
by it and for any liability arising on account of non-compliance with Applicable
Laws.
13. Penalty for deficiency in Services :
In addition to the liquidated damages not amounting to penalty as specified in the
contractual agreement warning may be issued to the Services Provider for minor
deficiencies on its part. In the case of significant deficiencies in Services causing
adverse effect on the efficiency or reputation of the Authority, other penal action
including debarring for a specified period may also be initiated as per policy of
the Authority and Service Level Agreement of GeM.
14. Police Verification & Character and antecedents verification of the
employees/workers:-
The Police verification, character and antecedents verification is the whole and
sole responsibility of the service provider. The police verification documents for
all sanitation staff are required to be submitted within 01 month period from the
date of award. For any crime committed by the outsourced worker, will
immediately be communicated by the agency to the Police. For such crime, the
outsourced agency will be responsible for litigation etc.

15. Dispute resolution :-

Any dispute, difference or controversy of whatever nature howsoever arising
under or out of or in relation to this Agreement (including its interpretation)
between the Parties, and so notified in writing by either Party to the other Party
(the “Dispute”) shall, in the first instance, be attempted to be resolved amicably in
accordance with the conciliation procedure set forth .
The Parties agree to use their best efforts for resolving all Disputes arising under
or in respect of this Agreement promptly, equitably and in good faith, and further
agree to provide each other with reasonable access during normal business
hours to all non-privileged records, information and data pertaining to any
Dispute.
16. Arbitration :
Any Dispute which is not resolved amicably by conciliation, as provided in the relevant
clause shall be finally decided by reference to arbitration by an Arbitral Tribunal
appointed in accordance with the Rules of Arbitration of the International Centre for
Alternative Dispute Resolution, New Delhi.

17. Right to accept any Bid and to reject any or all Bids :
The Procuring Entity reserves the right to accept or reject any or all Bid; cancel the
Tender process and re invite the Tender at any time prior to the award of Contract,
without thereby incurring any liability to the affected Bidder or Bidders or any
obligation to inform the affected Bidder or Bidders of the grounds for the Procuring
Entity's action.
18. Illegal Extortion: - The service provider shall not charge any undue money
from the employees for registration, training or provision of uniform. Registration
charge only Rs. 1000/- should be imposed for which proper receipt should be
provided to its workers by the service provider. Any complaint for undue money will
invite immediate termination of the contract and a police complaint will also be
lodged in this regard. Further, the undue amount allegedly extorted will be
deducted from the bills of the service provider.
19. Award of Contract: Selection of Successful Bidder(s) :The Procuring Entity
shall award the Contract to the Bidder(s) whose Bid(s) has been determined to be
substantively responsive, eligible, and Qualified, Technically suitable and who has
offered the lowest evaluated Bid price as per evaluation criteria detailed in the
Tender Document.
20. Validity of the Contract.: The initial contract period of 01 (one) year
extendable for further period of one year subject to satisfactory performance and
mutual consent of both parties due to working exigencies and time constraint for
assignment of the new work following the tender codal formalities.
21. Salary Slip:- The service provider is supposed to provide monthly salary slip to
all the employees.