ANNEXURE – II
TERMS AND CONDITIONS:
The agency, shall be considered for award of contract only
if it agrees to abide by the following terms and conditions:
1. EARNEST MONEY DEPOSIT: Earnest Money Deposit of 5% of
Tender Amount per application in the form of Demand Draft / Banker's
Cheque of Scheduled Bank drawn in favour of the Pay and Accounts
Officer, Central Excise, Chennai should accompany the tender.
Tenders received without Earnest Money Deposit will be rejected.
EMD will be forfeited in case the eligible bidder withdraws during
the tender selection process.
2. The agreement will be in force
for a period of one year from the date of award of contract. The
Office reserves the right to extend the duration of the contract for
a further period of 12 months subject to satisfactory performance
and on mutually agreed terms and conditions.
3. Conditional tenders, late tenders, tenders incomplete or
not meeting all the tender conditions hereinafter specified will be
rejected.
4. This Office reserves the right to accept or reject any
tender in part or full, without assigning any reasons thereof.
5. The agency shall have a minimum experience of three years
in providing round the clock security services by deployment of
security personnel. Copies of Agreement/Work Order from clients as
documentary evidence shall be provided.
6. The agency should have obtained a license from the
controlling authority under Section 7(5) of "The Private Security
Agencies (Regulation) Act, 2005 [No.29 of 2005]".
The agency should preferably have an all
India network.
7. The agency should have registered with Service Tax & should
have paid Service Tax of Rs. 10 lakhs or above in the financial year
2009-10.
8.
Performance Guarantee: The successful tenderer shall submit a
Performance Guarantee either by way of Fixed Deposit or Bank
Guarantee Receipt @ 5% of the value of contract within three days
from the day of obtaining the contract. It will remain valid for a
period of sixty days beyond the date of completion of all
contractual obligations. No interest will be paid on this deposit.
9. The Security Agency shall provide extra person(s) if
desired by the Office, during the period of this agreement at the
rates already agreed in this contract.
10. The security guards shall perform their duties diligently
and afford protection to the entire premises of Central Excise
Commissionerate at 26/1, Mahatma Gandhi Road, Nungambakkam,
Chennai-600034 that includes the open areas & the built up areas,
its movable and immovable properties, check all vehicles, maintain
entry/exit registers, give instructions
to park private vehicles at proper place, watch the movements of
public/visitors and alert the concerned officer-in-charge in
alarming situations, apart from attending to such other
duties as may be assigned by officers concerned of Chennai-I
Commissionerate from time to time. The
guards should be skilled in traffic management and handling of fire
fighting equipments. The guards should be able to read and write
English and speak in Tamil.
11. The security guards shall be vigilant so that no person
shall carry away any
articles belonging to the Chennai-I Commissionerate out of its
premises, and in such an event, he shall immediately inform the
concerned officer-in-charge and act in accordance with the
instructions given by him/her from time to time.
12. The Security agency will be responsible for the discipline of
the Security Personnel employed by them. A senior officer of the
agency should visit and check the Security staff in different shifts
periodically, monitor their performance and report to the officer
concerned on a regular basis.
13.
In case the security guards provided by the agency to this Office
are found to indulge in any undesirable or unfair activities in the
premises of the office, the agency will be solely responsible for
all the consequences and this Office shall be at liberty to lodge
complaints before appropriate authorities.
14.
In case of any theft/pilferage of any property belonging to the
Office of Commissioner of Central Excise, Chennai-I, the concerned
officer-in-charge shall inform the Security Agency and register
complaints with the police. It will be the responsibility of the
Security Agency to pursue the matter with the police with the
assistance of the concerned officers in the Department.
15. Only able bodied, physically fit, well-trained, disciplined
and honest personnel shall be appointed for duty. Persons so
deployed shall not be below 21 years and not above 50 years. They
shall perform their duties to the satisfaction of this office.
16. The security agency shall provide proper uniform with
required accessories such as whistle, torch lights, walky-talky,
batons, etc to the security guards and
shall ensure that their turnout is smart in all respects.
Rain boots and rain coats should be provided to them during the
rainy season.
17.
The Agency should be registered under the ESI and Provident Fund
Acts and other relevant statutory enactments relating to the
employment of labour.
18. The wages paid to them should strictly adhere to the Minimum
Wages Act, 1940 and Contract Labour (R & A) Act, 1970. Licence from
Labour Department as per Section 12 of Contract Labour (R & A) Act,
1970 should be obtained for the contract work within 7 days of award
of contract. The agency should ensure that there is no scope for any
grievance from the personnel on delayed payment of wages.
The employees engaged by the security
agency will be in the employment of the Security Agency only and not
of the Office of the Commissioner of Central Excise, Chennai-I
Commissionerate, Chennai.
19. Mode of payment will be monthly and through Account Payee
cheque. Tax shall be deducted at source as per the Income Tax Rules
form the monthly bills.
20.
In case the agency withdraws or the department terminates the
contract for violation of terms and conditions and / or deficiency
in services during the period of contract, the additional expenses
in hiring a new contractor on temporary arrangement till the time of
appointing a regular contractor through a similar tender process,
shall be adjusted against performance guarantee provided by the
successful bidder.
21. This office reserves the right to terminate the services of
the agency at anytime without giving any notice whatsoever.
22. All the existing statutory regulations of both State &
Central Governments shall be adhered to & complied with and all
records maintained thereof should be available for scrutiny by this
office.
23. The Security Agency shall strictly comply with the terms and
conditions of the agreement which will be executed with the
successful tenderer.
Failure by the agency to comply with such statutory requirements and
/ or the terms of the agreement during the period of contract or
deficiency in services shall result in termination of the contract.
24. Any dispute arising out of the
agreement or that, which may arise in future, shall be
resolved by taking recourse to mutual settlement, failing which the
dispute will be subject to Chennai jurisdiction only. The Office of
the Commissioner of Central Excise, Chennai-I Commissionerate is
entitled to withhold payments due to the Agency in case of any
dispute, till it is resolved.
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