Co Tender - 20april - 2022
Co Tender - 20april - 2022
Co Tender - 20april - 2022
TENDER FOR
AMC-COMPUTER 10
COMPUTER-OPERATORS-2021-22/10
ISSUE DATE
21/04/22
2
& to
LAST DATE 16/05/22
2 DATE OF
OF TECHNICAL 16/05/20
/2022
SUBMISSION up to
BID 16.30 hrs
PL 16.00 hrs OPENING
MUNICIPAL COMMISSIONER
AHMEDABAD MUNICIPAL CORPORATION
SARDAR PATEL BHAVAN, DANAPITH,
AHMEDABAD-380 001
PHONE : 91-079-25391811
www.ahmedabadcity.gov.in
ahmedabadcity.gov.in email: [email protected]
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-: T E N D E R :-
From :-
To :-
Municipal Commissioner
Ahmedabad Municipal Corporation
"Sardar Patel Bhavan", Danapith
Ahmedabad - 380 001.
Dear Sir,
A receipt of the tender fee of Rs. 3,600/- (Rupees Three Thousand Six Hundred
Only) and earnest money deposit of Rs.9,00,000/- (Rupees Nine lakhs Only) paid in
the form of D.D. of any nationalized bank is attached herewith separately.
Truly yours,
DATE : __/__/____
Signature of Bidder
including title and capacity
in which tender is made.
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Background
Ahmedabad Municipal Corporation is one of the pioneers in the country to cover the
solution of municipal activity and civic services like birth, building plan, primary health
and education, city cleanliness, water supply, sewage, and death registration, road, street-
lights, parks and garden through e-governance to approximate 65 lacs citizens of the city.
Objective:
Scope of Work
1. Functional requirements:-.
AMC intends to take the services of reputed agency providing computer/data entry
operators for various departments of AMC. The selected agency will be responsible to
provide the necessary manpower as per the demand of AMC based on final negotiated
commercial terms and conditions.
An indicative list of key domain areas under which the bidders would be expected to
provide computer operators as given in below table 2.1. As part of e-Governance
initiatives, the services requirement may be in any of the departments of AMC. Therefore,
the agency must have the readiness to provide computer operators experienced in various
domain areas as given below.
2. Workforce requirement:-.
Bidder has to provide computer operators with following qualifications as required
by various departmentss of AMC.
Table – 2.1 Qualification Requirement for computer operators
Sr Designation Qualification
No
1 Computer/Data Entry Operator HSCE with English as a subject
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3. Roles & Responsibilities of Manpower:
The Functions of Computer/Data Entry Operators is broadly defined as follows:
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5. Workforce Deployment:
Bidder must deploy Workforce at various departments of AMC as required time to time
during the active period of tender..
iii. Official record must not be handed over to any unauthorized person / institute
without permission from higher authority of AMC.
iv. In case of any other type of particular requirement of resources, which have not been
specified in RFP, agency shall submit required profiles as asked by AMC for specific
project.
v. The contract will be valid of 2 years. It can be extended for two years further if work
is found satisfactory and at mutual understanding of AMC and the bidder.
vi. The numbers of Data Entry Operators required can be increased/ decreased at the
discretion of AMC at any point of time during the period of contract as per law. The
rate payable/ deducted on such increase/decrease shall be at the same rate as per the
contract/existing rate. It is mandatory on the part of the Agency either to
increase/decrease the number of Data Entry Operators as and when directed
immediately.
vii. The Data Entry Operators deployed by the Agency shall be the employees of the
Agency concerned. AMC will not be responsible for any un-authorized acts of the
Data Entry Operator and for any damage/injury sustained by the Data Entry Operators
in the course of his work/duty.
viii. Bidder shall follow all rules and regulations regarding providing the manpower and
AMC will not be responsible for any issue regarding Labour law.
ix. The successful bidder shall be paid on monthly basis. This monthly payment
will include the holidays declared by Ahmedabad Municipal Corporation. The
rate at which work will be allotted will be for whole month.
x. AMC will pay additional charges for the operations carried out on holidays
based on the quotes received for daily basis in price bids.
xi. Bidder will have to pay salary to his concerned staff through ECS only.
Bidder will have to submit declaration along with necessary proof for the
previous month along with each bill. Bidder will have to comply with AMC
directions. Not following directions will invite penalty or may lead to
termination of contract
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xii. Bidder will be responsible to follow Procedures, Rules, Circulars, Amendments
etc. of AMC; and also any timely amendment in Govt. Laws, Notifications,
Resolutions, Minimum Wages Act, Labour Laws and all other applicable laws
etc.
xiii. The Agency shall also produce the documents for having paid PF/ESI contribution
towards each employees account along with Agency’s contribution to the designated
Authorities, in the end of every month. The agency will be fully and solely
responsible for any violations under the above statutes. If it fails to do so, it will be a
breach of contract and the Ahmedabad Municipal Corporation at its discretion can
cancel the contract. The Agency shall also be liable for any pecuniary liability arising
on account of any violation of the provisions of the relevant laws.
xiv. During the active period of tender, whenever minimum wage rates are revised by the
Government of Gujarat for the said labour-category, that updated wages will
supersede the lowest price (L1) discovered if discovered L1 is less than the upadated
wages by Government of Gujarat at that point of time.
xv. The Agency shall submit the PF and ESI remittance challans of the Data Entry
Operators deployed under this contract separately with specific remittance details of
PF and ESI contributions to the statutory authorities at the prevailing rates along with
the monthly bills. The agency shall also submit the copy of remittance of GST to the
appropriate authorities along with the bills.
xvi. The agency shall issue Photo ID cards to all its employees with the agency’s Logo &
Name and Designation of the employee deployed within a period of one month.
xvii. The Agency shall maintain proper record pertaining to the Data Entry Operators
deployed including the wage slip, disbursement of wages, remittances of statutory
payments to the various statutory authorities and present the same to the
AMC/Officers of the concerned authorities whenever called for.
xviii. The Agency shall issue a formal appointment letter to all the Computer/Data Entry
Operator deployed under this contract indicating the name, designation, age, salary,
amount of PF contribution of both employer and employee, the amount of ESI
contribution of both employer and employee as required under Contract Labour
(R&A) Act, 1970 within 15 days of deployment and submit copy of the same duly
acknowledged by the candidate.
xix. The agency shall furnish half yearly/yearly returns, employee wise, showing details of
amount of statutory payments such as ESI & PF remitted to the concerned authorities.
xx. The Agency shall disburse the salary to its Data Entry/Computer Operators deployed
as quoted in Schedule I annexed to the tender documents. The Agency shall further
agree that it would make timely payment of wages to its employees without
unauthorized deductions and shall also be responsible to fulfill all statutory
obligations such as remittance of PF/ESI etc., in respect of its Data Entry Operators
posted under this contract. If it fails to do so, it will be a breach of contract and the
Ahmedabad Municipal Corporation at its discretion can cancel the contract. The
Agency shall also be liable for any pecuniary liability arising on account of any
violation of the provisions of the relevant laws.
xxi. The agency shall maintain the acquaintance/pay roll and other relevant particulars
pertaining to deployed Data Entry Operators and shall be made available for
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inspection by the officer of the Department and other statutory authorities as and
when so required.
xxii. Whenever the Agency fails to provide Data Entry Operators as requested, it shall be
lawful for the AMC to avail the service departmentally or otherwise and the cost
incurred shall be deducted from the amounts due to the Agency.
xxiii. The agency shall provide all the relevant particulars of the Data Entry Operator
proposed to be deployed in the AMC along with originals of the relevant
certificates/documents relating to their educational qualification and work experience
to the Department and only after approval, deploy them for work in the Department.
xxiv. If any Data Entry Operator employed by the Agency are considered undesirable by
the AMC, it shall be the responsibility of the Agency to remove the said person or
persons from the work. Such persons cannot be re-deployed by the Agency for any
other work of the Department without the specific permission of the Department.
xxv. The Agency should not sublet the contract. If the Agency is found to have sublet the
contact, the contract will be terminated at the risk and cost of the contractor
concerned.
xxvi. In case of any ambiguity or doubts with regard to the terms, clauses used in the tender
documents, clarifications should be sought in writing, before submitting the tenders,
failing which, the decision of the Department in all such matters shall be final and
binding on the Agency.
xxvii. AMC shall not be held responsible or called upon to make good any losses/costs
incurred by Agency on account of factors beyond its control such as legal
implications, accidents, illegal actions of the Data Entry Operators deployed, etc., or
for any reason whatsoever.
xxviii. The scope of service is liable for alteration by way of deletions or additions at the
discretion of the Department at any time.
xxix. AMC including the authorized Officers of the Department shall have the power to
issue notice in writing and to instruct/direct the agency to make alterations/variations
in the assigned work/change the deployed staff.
xxx. The Agency shall obey all relevant Central, State and local regulations and
enactments pertaining to Data Entry Operators taken under the said tender.
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Draft format for the agreement is shown in Annexure 2 All cost bearing for
the agreement will have to be borne by agency/bidder
➢ AMC will pay consolidated agreed amount to the bidders on monthly
basis, not to the individual recruited staff.
➢ AMC reserves right to divide the whole work among more than 1 bidder
at the rate finalized in tender if authority deems it required to do.
➢ Take over and Handing over / Exit plan to be followed as per AMC directions.
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7. Penalty Clause:-
i. AMC will provide the details of the new requirements of Data Entry/Computer
Operators to the agency as and when required.
ii. Agency will carry out initial screening of candidate and ensure that the recommended
candidate meets AMC requirements.
iii. A penalty of Rs.500/-per day will be levied for delay in responding beyond 15
working days. The penalty will be deducted from your monthly bill OR from the
PBG/Security deposit submitted for performance of the contract.
iv. Delay in responding for more than 30 days may attract penal action like termination
of contract or forfeiting of PBG.
v. In case of unsatisfactory performance i.e. frequent delay in response for more than
Five times, AMC carries all the right to terminate the contract and forfeit the PBG.
vi. In case of absenteeism for more than 7 days (unauthorized), agency has to depute
suitable, equivalent or better replacement.
vii. In case of replacement/resign/absence of candidate deployed by agency, there should
be minimum 30 days of prior notice period by the agency and 7 days of knowledge
transfer with substitute.
viii. Allowed leave per resource per month is as per the applicable government laws/rules.
ix. The agency shall be liable to pay penalty for breach of any conditions of the
Contract/Tender terms & conditions. The penalty amount shall be recovered from the
Bidder from the pending amount of the Bills/ security deposit.
x. If the Agency fails to provide the Computer/Data Entry Operators services
satisfactorily during the active period of the contract, the AMC shall have the
power to enter upon and take possession of the works and engage any other
person, firm or agency to complete the work. Any extra cost incurred by the
AMC due to such failure on the part of the Agency shall be recovered from the
Agency.
xi. The Agency will be held responsible for all the acts of the Computer/Data
Entry Operators with all risks arising from carelessness, negligence or damage
or loss by theft, pilferage etc. and the agency shall undertake to compensate the
losses arising from such acts of Computer/Data Entry Operators to all the
concerned departments.
* Penalty will be levied as per DYMC/ MC order for any violations which are not
tabulated above.
** Notwithstanding any of the above, if the violation/s by agency is of very serious
nature, work order shall be terminated and agency shall be blacklisted from AMC.
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GENERAL CONDITIONS
INVITATION & INSTRUCTION FOR
BIDDERS
General Conditions:
Invitation & Instruction for Bidders
1. Invitation :
1.1. Sealed and super scribed tenders are invited by Ahmedabad Municipal Corporation,
for the provision of computer/data entry operators for various departments of
Ahmedabad Municipal Corporation through rate contract.
2. Purchase of Documents:
2.1 Tender fee for Tender Document is Rs. 3600/- (Non Refundable). The cost of
Tender Document must be paid at the time of submission of tender by Demand
Draft in favor of the Municipal Commissioner, Ahmedabad payable at
Ahmedabad . Cheques will not be accepted in any circumstance. The bid along
with cheque will be considered as disqualified.
3. Whom to Contact:
Designation Contact
Manager (E-Gov) [email protected] or
Mobile No: 9979012699
4.2. Tender form not accompanied by Earnest Money Deposit and Tender Fee
shall be rejected as non-responsive.
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4.3. If, during the Tender validity period, the bidder withdraws his tender, the
Earnest Money Deposit shall be forfeited.
4.4. The Earnest money deposit will be returned to the unsuccessful Bidders only
after the decision taken on this tender item by The Municipal Commissioner.
The earnest money deposit will be returned to the successful Bidder only
against the submission of security deposit as per the prevailing rules and
regulations of Ahmedabad Municipal Corporation.
4.5. The Successful Bidder shall appoint the initial work force within 15 calendar
days, once he is intimated about the acceptance of his Tender/ work order.
5.1. The tender shall be valid for a period of 6 months from the date of opening.
6. Submission of Tender:
6.1. Note more than one tender shall be submitted by a bidder or by a firm of
bidders. No two or more concerns in which an individual is interested as a
proprietor and/or a partner and/or a director shall submit tender for the
execution of the same work/tender. If they do so, all such tender shall be liable
to be rejected.
6.1. Bidder shall submit Technical Bid as shown in schedule A in sealed cover
called tender; and quote separate price as shown in Schedule B in electronic
format on the website https://amc.nprocure.com. Bidder must fill all the
fields mentioned in Schedule A and submit it physically through hand
delivery/ Registered Post in the office of the “Tender Officer, Central
Record Department, Ahmedabad Municipal Corporation, B Block,
Mezzanine Floor, Sardar Patel Bhavan, Danapith, Ahmedabad – 380001
up to 16:00 hrs. on 16/05/2022.
6.2. Bidder must submit Bid with required documents as mentioned in the tender
documents as above said sealed cover super scribing "Tender for the provision
of computer operators for various departments of AHMEDABAD
MUNICIPAL Corporation through rate contract, AMC-COMPUTER-
OPERATORS-2021-22/10 of “Ahmedabad Municipal Corporation” and
Company's name, address, contact number and email ID.
6.3. Tender received late on account of any reason will not be considered.
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7. Opening of Tenders:
7.1 Technical bid will be opened by the Tender Officer, Municipal Corporation,
Ahmedabad, at 16:30 hrs on 16/05/2022 in Tender Officer's Office,
Mezzanine Floor, B Block, Sardar Patel Bhavan, Danapith, Ahmedabad in
the presence of representatives of E-Governance Department and Bidders who
choose to remain present.
7.2 The Tender Officer will open each sealed tender, read and record the name of
Bidders and shall record their initial and date on each page of Tender
Documents.
8.2. The certificate from the Firm/Company should be attached with Tender stating
authority to sign such Tender by above person.
8.3. Full names, Occupation, Phone No., and Addresses of bidders shall be stated
below their signature on all Schedules, continuation sheets and all other pages
on which he makes entry.
8.4.1 The bidder must have one registered office in Ahmedabad. Please attach
the copy of any of one of the following: Property tax bill/Electricity
Bill/Telephone Bill/VAT/CST Registration/Lease agreement. The
Bidder must fill & submit on separate sheet in required format as per
Schedule-A Form-1.
8.4.2 (i) Annual financial turnover during last 3 years, ending 31st March of
2021, should be at least 90 Lakhs for each of these three years.
(a) Three similar completed works costing not less than the amount
equal to 1.2 crores.
OR
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(b) Two similar completed works costing not less than the amount equal
to 1.5 crores.
OR
(c) One similar completed work costing not less than the amount equal
to 2.4 crores .
Bidder will have to provide sufficient proofs like work order and work completion
certificates etc in order to justify the above criteria.
The copies of Audited Annual Accounts for last three years shall be
attached along with the Tender. The Bidder must fill & submit on
separate sheet in required format Schedule-A Form-2. C.A. certificate
for this detail is must. Tenders without CA certificate and audited
reports will be disqualified for further tender process.
8.4.5 Eligible Project is defined as any activity in which the Bidder has
actedas agency that provided data entry/ computer operators in Local
bodies, State Governments, Government of India, State or Central Public
Sector Enterprises or Public Sector Banks.
8.4.6 The Bidder should not have been blacklisted by any Government /
Public Sector entity in India at the time of due date of Bid Submission.
The Bidder is required to provide No Blacklisting Certificate as
specified in Annexure 4.
8.4.7 There should be No case pending with the police against the
Proprietor/Firm/Partner or the Company (Bidder)
8.5 AMC reserves right to split the work among multiple bidders and issue work
order for partial quantum of work.
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tender. Additional pages must be serially numbered. The Bidder must fill &
submit on separate sheet in required format as per Schedule-A Form-3
9.2. The tender will be disqualified if complete information, as called for, in the
tender is not provided.
9.3. Any tender containing vague and indefinite expressions or conditional tender
will not be considered.
9.6. While tenders are under consideration, Bidders and their representatives or
other interested parties shall refrain from contacting by any means or by any
persons or representatives of Ahmedabad Municipal Corporation on matters
relating to the tenders under study.
10.1. All tender prices should be on a fixed and firm price basis.
10.2. Prices should be quoted online as per commercial bid format only as per
Schedule-B. Form-1. It shall be filled up separately in electronic format on
www.nprocure.comonly. Form-1 and Form-2 format mentioned in
Schedule-B are for sample only.
11.1. Normally the lowest evaluated responsive tender in above list, which qualifies
both technically and financially, will be selected for award of the contract.
Municipal Commissioner, Ahmedabad Municipal Corporation, however,
reserves the right to reject any or all tenders without assigning any reason.
11.2. The award of contract will normally be made within one month after the date
of opening of tenders.
11.3. AMC reserves right to allot work to more than one bidder.
11.4. Contract shall mean acceptance of tender issued against this tender.
11.5. The selected Bidder for award of the contract will sign an agreement on the
stamp paper as currently mandated. The format for the agreement is shown in
Annexure-2.
11.6. The successful Bidder(s) will require to pay Security Deposit at 5% of the
value of the work order given to it by AMC by Demand Draft or Banker's
cheque payable at Ahmedabad in favour of Ahmedabad Municipal
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corporation of any scheduled / nationalized bank within 15 days after
allotment of Work Order.
In case the successful Tenderer is desirous to offer Security Deposit in the form
of Bank Guarantee, the same should be from the Indian scheduled bank
(payable at Ahmedabad) acceptable to the A.M.C. The Bank Guarantee shall be
as per the enclosed format Annexure-3 or in the format acceptable to the
A.M.C
11.7. Corrections, erasures made in the tender format(s) and other paper(s) including
pasted slip(s) if any, should be invariably initiated.
11.8. In case, the selected Bidder fails to provide required workforce for any reason,
he will be liable to pay the difference amount to the AMC, which AMC has to
pay to the next or other selected Bidder for manpower.
12.1. Providing work-force shall be within 7 Calendar days from the date of the
receipts of the Work order/s.
13.1 AMC will make the payment every month on the production of invoice with
required reports as directed by AMC.
13.2 AMC will not responsible for payment to his individual staff.
13.3 In case of absence, attrition of employees; bidder will have to manage
immediate replacement of permanent employee. If Bidder will not be able to
manage immediate and bidder replaces temporary employee; AMC will not pay
cost of that temporary employee.
13.4 AMC may take around 30 days for payment once the invoice is submitted.
14.1 The Contract period shall be for 2 years and may be extended to further 2
years, one year at a time at sole discretion of AMC if work is found
satisfactory by the AMC.
16. Training:
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16.1 No individual training would be provided to the bidders/Staff.
17.
The supplier shall not be liable for forfeiture of his performance security,
liquidated damages, or termination for default if and to the extent that his delay
in performance or other failure to perform its obligations under the Contract is
the result of an event of Force Majeure.
For purpose of this clause, “Force Majeure” means an event beyond the control
of the supplier and not involving the supplier’s fault or negligence and not
foreseeable.
Such event may include, but are not limited to, acts of the Government in its
sovereign or contractual capacity, war or revolutions, fires, floods, epidemics,
quarantine restrictions and freight embargoes.
If the Force Majeure situation arises, the supplier shall promptly notify AMC in
writing of such conditions and the cause thereof. Unless otherwise directed by
AMC in writing, the supplier shall continue to perform his obligations under
the Contract as far as it is reasonably practical, and shall use reasonable
alternative means for performance not prevented by the Force Majeure.
17.3 ARBITRATION
If, after thirty (30) days from the commencement of such informal negotiations,
AMC and the supplier have been unable to resolve amicably a contract dispute,
the dispute will be referred for arbitration to an arbitrator to be appointed by
mutual consent whose decision will be final and binding on both the parties.
The proceedings shall be conducted in Ahmedabad and as per Indian
Arbitration & Reconciliation Act, 1996. The language of the proceedings shall
be in English only
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The contract shall be written in English. All correspondence and other
documents pertaining to the contract that are exchanged by the parties shall be
written in English.
17.6 NOTICES
Any notice given by one party to the other pursuant to this contract shall be
sent to the other party in writing or by fax and confirmed in writing to the
party’s address.
A notice shall be effective when delivered or on the notices effective date,
whichever is later.
For the purpose of all notices by the Supplier to AMC, these shall be sent, or on
changed address, if informed in writing by AMC to the supplier, at the
following address:
For the purpose of all notices by AMC to the supplier, these shall be sent on the
following address or on changed address if informed in writing by the supplier
to the AMC.
Company: (To be filled in at the time of Contract signing)
_____________________________________
_____________________________________
_____________________________________
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liability to the affected bidder(s) or any obligation to inform the
affected bidder(s) on the grounds for such decision.
In case of any ambiguity in the interpretation of any of the clauses in the Bid
document or the Contract Document, the interpretation of Municipal
Commissioner of Ahmedabad Municipal Corporation of these clauses shall
be final and binding on all parties. Bidder shall carefully examine the Tender
Documents and fully inform themselves as to all the conditions and matters
which may in any way affect the work or the cost thereof. Verbal clarification
and/or information given by the Bidder shall not be binding on the AMC.
17.10 Bidders not submitting the above mentioned information along with their
tenders, the tender will not be considered for evaluation and the bid will be
outright rejected.
DECLARATION FORM
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(ii) I / We hereby declare that I / We carefully studied the conditions of
contract, specifications and other documents of this work and agree to
execute the same accordingly.
Declaration Certificate
I/We have thoroughly read, studied and understood the instructions for the
tender formats as well as the terms and conditions referred to herein-above and
sameare acceptable to us.
Signature Of Bidder
Designation :
Name :
Company's Stamp
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SCHEDULE A
TECHNICAL BID
ELIGIBILITY CRITERIA
Note: Please fill this form and submit the audited Annual Accounts for the last
three financial years.
Note: Other work experiences like Paramedical Staff, Security, Labour supply etc will
not be considered. Only workforce supply for data entry work or computer operation
will be considered.
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4) Form No. 4 : Organization Details
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SCHEDULE B
PRICE BID
All prices for providing workforce at various departments of AMC is shown in Form-
1.
Conditions:
• Rates shall be quoted for monthly charges which shall be minimum of value
equals to 30 days * 365.20 (Minimum Wages) i.e. Rs.10956/-
• If concerned AMC office/dept remain open during holidays as defined in AMC
calendar, additional per day charges will be paid to the bidder as per rates
quoted in Form-2 (which shall be minimum of value equals to
Rs.365.20)(Minimum Wages).
• Rates should be exclusive of GST. GST would be additional as per actual
monthly payable amount.
• Rates without any kind of Tax shall be considered for comparison and work
will be awarded on basis of it.
• Workforce will be considered as skilled worker
• Employer contribution, subject to be revised by concerned government
authorities,will have to be calculated at 12% of basic, ESI at 3.25% of basic.
Any party quoting less than it will be disqualified. All administrative and other
statutory compliances with regard to these expenses are also to be incurred.
• Statutory compliances with regard to employee contribution in PF, ESIC and
other related particulars are also to be adhered by the bidder throughout the
active period of the tender.
• Only Rates of Form 1 will be considered for Comparison of Bids.
• Form-1 column (B) shall be considered as basic-pay for the purpose of
calculations of P.F., E.S.I.C etc. Benefits. No manipulation in Basic pay
shall be tolerated. Basic-pay must be set greater than prevailing minimum
wage rate in Gujarat.
• Bidder will have to follow all rules and regulations of Labour Law or any other
law applicable.
• Whenever PF and ESIC rates are revised by the concerned authorities, it will
be applicable in both Employee and Employer contributions with the effective
date.
• Documents duly signed confirming all the requisites mentioned above need to
be furnished by the on-boarded agency every month.
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FORM-1
Total Monthly
Payment in Total Rate Per Month per
Service / Personnel for Payment
Rupees to each PF at 12% (as applicable Administration (To be used as basis
Computer under law) + ESI at 3.25 Charges of For Comparison of Bids)
Sr. No. Workforce Item Operator % in Rupees (as Agency( va l u e m u s t (A+B+C)
Supplied applicable under law) of b e a t l ea s t 5% of
Basic (= or > Monthly Payment i.e.
(A)
Minimum Wages) (A+B) i n r u p e e s
A B C D
1 Computer/Data Operator
Company's Stamp:
1
ANNEXURE - 2
Draft Memorandum of Understanding
That this agreement is entered into in between the below mentioned two parties
on..............day of .........month of the year 2022
BETWEEN:-
That both the parties are having its registered offices at the above mentioned places and
have agreed to enter into this agreement the witness herewith as under:
2 That therefore the First Part has proposed / offered the Second Part herein to
enter into the present agreement and have expressed its intention to appoint the
Second Part herein, as an authorised AGENCY for the purpose of providing
computer operators for various departments of AMC as and when required by
the First Part at different offices of AMC in Ahmedabad for data-
entry/computer operation.
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TERMS & CONDITIONS:
(A) That the parties to the agreement have agreed to enter into the agreement for
effective and efficient provision of computer operators for various
departments of the First Part. For the said purpose the parties hereby agree
that the Second Part would be liable and responsible to provide appropriate
work force as mentioned in tender AMC-computer-operator-2021-22/10
(B) The Second Part herein agree to provide computer operators for various
departments of the First Part as and when required in the quantum as
required which can be increased and/or decreased as per the requirement It
will be the look out of the party of the Second Part to appoint the staff on
contractual basis and/or on permanent basis. That the part of the First Part
has nothing to do with the staff of party of the Second Part. For any fault on
the part of the staff of Second Part, party of Second Part will be responsible
and answerable and the same will create vicarious liability of the party of the
Second Part. First part is not at all concerned with the salaries / payment to
be made to the staff of the Second Part. That the staff employed by the party
of the Second Part will not be entitled to claim to be staff of party of the First
Part at any point of time. The part of the First Part will only be required to
pay as per Commercial terms approved by Municipal Commissioner as per
Schedule B and Form-1 and Form-2 specification to the party of the
Second Part for providing computer-operator workforce services. Payment is
to be paid on monthly basis as per the amount mentioned in Form-1 and this
amount would be credited towards workforce deployed by the party of the
Second Part during the tenure of contract. The First Part will pay consolidated
agreed amount to the bidders on monthly basis, not to the individual recruited
staff.
(C) It will be primary duty of the Second Part to get individual training of
recruited staff. No separate or individual training would be provided by
AMC.
(D) Duties and Responsibilities of staff to be deployed by the Second Part will be
as per Table-3.1
(E) Regular Supervision will be done by official & check all documents, registers
& behavior of workforce deployed. The party of the First Part supervises the
work carried out by the staff of the party of Second Part and in case if any
irregularity is found, penalty would be imposed on the Second part as
mentioned in tender Table-7.1 and the Second Part has to regularize the same
underwritten instruction to the party of the First Part within three days,
failing which it will amount to non-compliance of present M.O.U. and the
party of the First Part will be at liberty to terminate the contract.
(F) The first part herein further agrees to pay aforesaid amount as per form-1
specification to each of the workforce to be deployed during the active
status of tender, for the workforce-services provided by the second part
herein.
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(G) That the said agreement is executed between the parties only for providing
the services as mentioned in AMC-computer-operator-2021-22/10 with the
terms and conditions mentioned in AMC-computer-operator-2021-22/10. It
is further agreed between the parties that Second Part herein shall be liable
for payment of any taxes except the GST that may be approved and / or shall
be applicable from time to time and that may be in force and/or implemented
from time to time as per the law in force and applicable to any / or all the
activities that are agreed to be or that may be agreed to be undertaken in
future by either parties in this behalf.
(H) The second part must agree with all conditions mentioned in the tender
AMC-computer-operator-2021-22/10. The second part has to submit the
undertaking to the first part that the salary to the employees employed by the
Second Part will be paid only through ECS regularly.
(I) It would be a sole responsibility of the Second Part to comply to all the laws
and rules and regulations of AMC and government laws applicable (i.e. like
Payment of Wages Act, E.P.F Act, Contract Act, Service Tax, Industrial
Dispute Act, ESIC etc.).
(J) It would be the responsibility of the Second Party to comply with the office
timing of concerned department/s where in the underlying workforce is
deployed under the tender AMC-computer-operator-2021-22/10.
PROVISIONS BY AMC :
● It is the primary duty of the concerned bidder to get individual training of
recruited staff. No separate or individual training would be provided by AMC.
● AMC will pay consolidated agreed amount to the bidders on monthly basis, not to
the individual recruited staff.
PAYMENT TERMS :
● AMC will make the payment every month on the production of bills with required
reports as directed by AMC.
● AMC will not responsible for payment to his individual staff.
● In case of absence, attrition of employees; bidder will have to manage immediate
replacement of permanent employee.
● successful bidder shall be given work order from E-Governance Department only.
Work Order received by any other means shall not considered for payment.
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PENALTY CLAUSE :
TERMS OF AGREEMENT
That the parties to the agreement have mutually agreed to the above terms and conditions
and have decided to enter into the present agreement to provide computer operators for
various departments of AMC as and when required in light of the terms and
conditions prescribed aforesaid, for the provision of , initially for a period of 24 months,
commencing from .... day of ....month , 2022 to various depts of AMC as and when
required during these 24 months and the period may be extended to further 24 months if
work of Second Part is found satisfactory by the First part.
However, in the eventuality, party of the Second Part to terminate the present contract /
agreement for any reason, then in that case, it is mandatory for the party of Second Part
to issue two months notice to the party of the First Part and if party of First Part is
satisfied with reasons narrated in the termination / cancellation of contract / agreement, it
will be discretion of the party of First Part to accept the same, the party of the Second
Part will be at liberty to put their claim on such termination / agreement.
If the party of the First Part is not be satisfied with the services provided by the party of
the Second Part, then in that case, the party of the First Part will be at liberty to terminate
the contract without assigning any reason and party of the Second Part will be entitled to
receive the remuneration for the period of the services rendered. The order of
termination made by the party of the First Part in case of not being satisfied with the
work carried out by the party of the Second Part shall be final and cannot be challenged
in any court of law.
FORCE MAJEURE
The supplier shall not be liable for forfeiture of his performance security, liquidated
damages, or termination for default if and to the extent that his delay in performance or
other failure to perform its obligations under the Contract is the result of an event of
Force Majeure.
For purpose of this clause, “Force Majeure” means an event beyond the control of the
supplier and not involving the supplier’s fault or negligence and not foreseeable.
Such event may include, but are not limited to, acts of the Government in its sovereign or
contractual capacity, war or revolutions, fires, floods, epidemics, pandemics, quarantine
restrictions and freight embargoes.
If the Force Majeure situation arises, the supplier shall promptly notify AMC in writing
of such conditions and the cause thereof. Unless otherwise directed by AMC in writing,
the supplier shall continue to perform his obligations under the Contract as far as it is
reasonably practical, and shall use reasonable alternative means for performance not
prevented by the Force Majeure
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RESOLUTION OF DISPUTES
The First Part and The Second Part shall make every effort to resolve dispute amicably
by direct informal negotiation in case of any disagreement or dispute arising between
them or in connection with any of the terms & conditions of the contract or part of the
terms & conditions of the contract or touching to interpretation of any or part of the terms
& conditions of the contract.
ARBITRATION
If, after thirty (30) days from the commencement of such informal negotiations, AMC
and the supplier have been unable to resolve amicably a contract dispute, the dispute will
be referred for arbitration to an arbitrator to be appointed by mutual consent whose
decision will be final and binding on both the parties. The proceedings shall be
conducted in Ahmedabad and as per Indian Arbitration & Reconciliation Act, 1996. The
languageof the proceedings shall be in English only
JURISDICTION
The present agreement is executed between the parties herein at Ahmedabad and,
therefore, the competent Court of Civil jurisdiction at Ahmedabad, shall have the
exclusive jurisdiction and no other court beyond the territorial limits of the city of
Ahmedabad shall have jurisdiction to deal with any dispute or difference arising out of
the present agreement or the arbitral award in this behalf.
That this agreement is signed, by the authorised officers of both the parties with
appropriate seals of both along with the signature. That both the parties have understood
the contract, the terms and conditions laid down therein, the jurisdiction clause and the
arbitration clause and all the relevant paragraphs of the said contract in their full
conscience and that there is no misinterpretation, misrepresentation, undue influence,
undue coercion, or any kind of pressure on either of the parties to this contract for
execution of the said agreement and that both the parties have signed the said agreement
in their full conscience, knowledge and belief.
That this agreement is signed on this ... day of ______ month of 2022 in the presence of
the below mentioned one witness at Ahmedabad:-
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Authorised Signatory of Authorised Signatory of
Ahmedabad Municipal Corporation
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ANNEXURE - 3
4. We, _______________________________ Bank, further agree with the Corporation that the
Corporation shall have the full liberty, without our consent and without affecting in any manner
our obligations hereunder, to vary any of the terms and conditions of the said tender or to
increase or decrease the quantity or to postpone or cancel the said tender and forbear or enforce
any of the terms and conditions relating to the said tender, and we shall not be relieved from our
liability by reason of any such variation or extension being given to the said Firm or for any
forbearance, act or commission on the part of the Corporation or any indulgence by the
Corporation to the said Firm or by any such matter or thing whatsoever which under the law
relating to sureties would, but for this provision, have effect of so relieving us.
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Annexure 4
No Blacklisting certificate
Format for Affidavit certifying that the Entity/Promoter/s / Director/s of Bidder
are not blacklisted (On a Stamp Paper of relevant value)
No-Blacklisting Affidavit
I M/s. ……………… (Name of the Bidder), (the names and addresses of the registered
office) hereby certify and confirm that we or any of our promoter/s / director/s are not
barred by Government of Gujarat (GoG) / any other entity of GoG or blacklisted by any
state government or central government / department / Local Government / agency in
India or from abroad from participating in Project/s, either individually or as member of
a Consortium as on the _______-(Bid submission Date).
We further confirm that we are aware that our Bid for the captioned Project would be
liable for rejection in case any material misrepresentation is made or discovered with
regard to the requirements of this RFP at any stage of the Bidding Process or thereafter
during the agreement period. Dated this ……………………..Day of ………………….,
2020.
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Ahmedabad Municipal Corporation
Party / Contractor / Service Provider’s Enrollment Form
Party Code
(for Office Use Only)
AMC Reg. No.
Registration Class
Present Address
City
State
Permanent Address
City
State
Mobile + 9 1
eMail ID - 1
eMail ID – 2
PAN No.
TIN No.
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GST No.
PEC No.
PRC No.
E.S.I. No.
IMPORTANT INSTRUCTION
1 Form to be Filled in BLOCK LETTERS ONLY.
2 ALL DATES SHOULD BE IN "DDMMYY” FORMAT
3 Please provide copy of Bank Account’s Pass Book with sign & seal of company or Cancelled Cheque
4 Please provide copy of PAN No. & GST Registration Form with sign & seal of company
5 Please provide copy of E.S.I. No. & P.F. No. IF APPLICABLE with sign & seal of company
6 Please provide Documents Related to type of Company if Pvt. Ltd. submit company memorandum copy
For more information e-mail us at [email protected] OR contact E-Governance Department
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