Appendix- ‘H’ INVITATION FOR TENDER/ QUOTATION Tele: -------------------Fax: ---------------------
By Regd Post No.------------------------Govt of India Ministry of Defence DGAQA -------------- –
To M/s ________________________________ ----------------------------------------------------QUOTATION FOR MANPOWER SERVICES ON CONTRACT BASIS Dear Sir, 1. Sealed quotations are invited from Govt approved agencies engaged in manpower services for computer/Data Entry Operators for hiring on contract on annual basis by the ---------------------------as per the Scope of Work and Terms & Conditions governing the contract given in the succeeding paragraphs. Scope of Work 2. The manpower provided will be positioned at ------------ located at --------------- and is required to carry out day to day activities listed as under:(i) (ii) (iii)
Preparation/typing of letters, reports/returns, documents and manuals etc. Generation and updation of data base English dictation, Stenography and typing work (for 02 personnel only).
QRs of personnel 3.
The qualitative requirements of manpower for DEOs shall be as under:(i) Good knowledge of English language, both oral and written (ii) Professional knowledge of computer operations including MS Office application and programming and LAN/Internet functions with good typing speed. (iii) Proficiency in English dictation, stenography (for 02 personnel) and Typing
Terms and Conditions
4. This proposal for quotation shall be governed as per the terms and conditions contained in Appendix ‘A’ enclosed. 5. The agency MUST submit its bid as per the guidelines given in the format enclosed as Appendix ‘B’ to this quotation. The quotation not submitted in the prescribed format is liable to be rejected outrightly. 6. The successful agency will be intimated by a formal Letter of Acceptance/Letter of Intent and thereafter will enter into Contract Agreement. A specimen of the agreement is given at Appendix ‘C’. Opening and Evaluation of Bids 7. The quotation duly sealed and superscribed with ‘Quotation for Manpower Services’ and addressed to the --------------------- must be sent by Regd Post AD or be dropped in the Tender Box kept at the ---------------.The due date and time for the receipt of quotation is ----------- (on or before) upto -----hrs. The quotations received after the due date and time will not be considered. The quotations will be opened on the same day (date of receipt of quotation) at ----hrs in the presence of authorised representatives of the agencies who wish to be present by Tender Opening Committee(TOC) --------and Ten will be further evaluated by der Evaluation Committee (TEC). The agency will be ranked based on the lowest overall financial quote offered for the services as also extent of meeting the other requirements of this tender enquiry. The contract will be awarded to the successful bidder only after approval of the competent authority. 8. Please read the terms and conditions carefully before quoting. Clarifications, if any, may be sought in person/telephonically on any working day from 1000h to 1600h (Tele No. ----------), 9.
The --------reserves the right to cancel all bids without assigning any reason thereof. Thanking you. Yours sincerely,
(--------------) For Director Encl: (a) Appendix ‘A’ (b) Annexure-1 to Appendix ‘A’ (c) Appendix ‘B’ (d) Appendix ‘C” -
Terms & Conditions Declaration Format for submission of bid Specimen of Contract Agreement
Appendix ‘A’ to ----------------- Letter No. -------------------------
Terms and conditions A.
General Terms & Conditions
1. The contract/order will be initially awared to the successful agency for a period of one year from the date of signing the contract. 2. During the currency of the contract, no price increase will be considered i.e. the rates quoted by the agency shall remain firm and final. However, the increase in daily rates as revised by Minimum Wages Act by State Govt. shall be allowed. 3.
The manpower is required to be positioned at -----------------------------
4. Bio-data (with complete details) and the details of experience of the personnel shall be furnished on contract being awarded. 5. The antecedents of the personnel deputed will be got verified from the local police by the agency and a certificate to this effect will be rendered by the agency. 6. Director/HOO------------- shall reserve the right to terminate the contract in case personnel deputed by the agency fail to carry out the services as per the scope of work mentioned in this letter. 7. If the services of the personnel deputed are not found satisfactory, the agency shall provide suitable replacement immediately. 8. The agency shall pay their employees not less than the wages prescribed as per the Minimum Wages Act, as revised periodically. 9. While submitting the quotation, the agency shall quote rates exclusive of service tax and not inclusive of ST. If the agency is not covered under purview of service tax/work contract tax according to turn over it should be certified by the agency so that the same can be produced to service tax deptt for verification, if required as per the existing rules. 10. The agency must quote separately for each head (with detailed break up like payment of taxes, profit, PF, ESI, bonus and other statutory payments if any), otherwise the quotation may be treated as invalid. 11. The agency shall not allow or permit his employees to participate in any trade union activities or agitation in the premises of ------12. The contract shall be liable for termination on giving one month notice by either side. During the period of notice, both the parties shall continue to discharge their duties and obligations.
13. The agency shall submit the relevant documents and declaration alongwith the quotation as given at Annexure-I to this appendix. 14. The agency shall have valid Govt Deptt Vendor Registration and a copy of the same is to be enclosed along with the quotation. Vendor Registration is mandatory. 15. The personnel will be deputed to ----------by the successful agency only if found suitable after screening/interview by the Director --------or his authorized rep. 16. No correspondence/discussions/visits whatsoever will be entertained on the subject unless specifically called by this office after opening of quotations for technical discussions/price negotiations. Any violation of this is liable to render the quotations invalid. 17. Unsolicited quotations/quotations received late or improperly sealed or with incomplete marking or with unattested overwriting/corrections in the quotation documents, are liable to be rejected. 18. Each page of the tender will be signed by the bidder or his authorized rep with seal of the agency. 19. The successful agency will intimate the name, desg and contact telephone numbers of the coordinator nominated by the agency. 20. Performance Security. The successful agency is required to provide Performance Security for an amount of 5% of the total value of the contract in the form of Bank Guarantee from any Nationalized Bank before award of contract. The Performance Security shall remain valid for a period of 60 days beyond the date of completion of all contractual obligations of the agency. B.
Payment Terms & Conditions
1. The payment of services delivered by the personnel will be made by the Director --------on monthly basis against Job completion certificate and satisfactory services rendered by the user group. 2. In case of successful agency, the payment details of PF & ESI of the contract will be shown in a separate sheet and enclosed with respective challans. 3. For ECS payments, the successful agency is required to provide it’s bank account details, PAN/TAN No, TIN No., 9-digit MICR code, IFSC code along with the challan. A copy of Bank cheque may please also be enclosed.
Annexure ‘I’ to Appendix ‘A’ of ------------ Letter No. --------------------
1.
The agency shall submit the following documents along with the quotation: (a)
2.
Labour license from Assistant Labour Commissioner
The agency shall accept the following:(a) To pay the wages to workers as per Register of Wages-cum-Muster Roll of Contract Labour Act 1970. (b)
To ensure statutory payments like PF and ESI regularly as per Act.
(c) To pay same and similar wages to men and women workers when they perform same and similar work under Equal Remuneration Act 1946. (d) To pay not less than minimum wages as per Gazette issued by Central Government or State Government whichever is higher and applicable. (e) To pay wages through A/C payee cheque in the presence of a rep of this office before 10th of next month. 3. The agency shall give the following declaration along with the quotation as also in case contract is awarded: I/We agree to be responsible for the points mentioned at Para 2 above. I/We are responsible for all the liabilities arising out of non-compliance with the provision of labour laws applicable and the same shall be borne by us. I/We shall be solely responsible for any contravention in complying with the provisions of labour laws.
Station: Dated:
Signature of the Aurhorised Rep With Seal of the Agency
Appendix ‘B’ to -----------------------------------------letter No.----(Sheet No. 1 of 3) Format for Submission of Bid Cost of 1 man- month S.No.
Description
(a)
Basic wages.
Computer/Data entry Operators for Documentation work
(i) PF(employee share) 12% of (a) [Applicable for emoluments at (a) less than Rs. 6500/beyond which it is optional. State clearly, if already included in (a) (ii) ESI (employee share) 1.75% of (a) [Applicable for emoluments at (a) less than Rs. 15000/- beyond which it is optional. State clearly, if already included in (a)
Contd……..
(b)
(c)
(e) (f)
(g)
(h)
PF(employer share) 13.61% of (a) [Applicable for emoluments at (a) less than Rs. 6500/- beyond which it is optional] (ii) ESI( employer share ) 4.75% of (a) [Applicable for emoluments at (a) less than Rs. 15000/- beyond which it is optional] Sub total including PF, ESI, (a+b+c) Service charges [please quote your charges as percentage of (e)] Service Tax [Ruling at the time of contract execution of e+f] Total cost of 1 manmonth(e+f+g)
Signature of the Authorised Rep of the Agency Seal of the Agency with Date.
(Sheet No. 2 of 3) Total Cost of Manpower Services (Annual Basis) S.No. 01
Description of Services
Cost of 1 manmonth(Rs)
Qty Required
Total Cost (Rs)
Computer/Data Entry Operators for Documentation Word Grand Total
(Amount in words: Rupees _______________________________________)
(The quotes are firm and fixed for one year) Signature of the Authorised Rep of the Agency with Date Seal of the Agency.
(Sheet No. 3 of 3) Documents/Declaration/Certificate to be enclosed with the Quotation by the Agency S.No. 01 02 06
Description ------------ Vendor Registration Certificate Certificate to the effect that antecedents of the personnel deputed will be got verified from the local police by the agency. Labour license from Assistant Labour Commissioner
Yes/No
Signature of the Authorised Rep of the Agency Seal of the Agency with Date.
Appendix ‘C’ to --------------Letter No-----------CONTRACT AGREEMENT This Agreement No. ____________________made on this _______day of _________2013_________ Day of ____________Two Thousand Thirteen) between the President of India, acting through the Director-------------------, Ministry of Defence, C/o ---------------------------- (hereinafter referred to as “The Government”) of the first part. And M/s ___________________________________(hereinafter referred to as the “Agency” which expression shall include unless excluded by or repugnant to the context, partners, their respective heirs, executors, administrators, and assignees) of the second part. Whereas the Government called for Tenders for concluding contract for hiring of services of Computer/Data Entry Operators for the various functional groups of ----------located at ------------and the Tender submitted by the Agency having been accepted by the Government. NOW IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: ARTICLE-1: SCOPE OF THE CONTRACT 1.1 That the Agency shall provide onsite services of Computer/Data Entry Operators for the duration as laid down in the ‘Invitation for Tender/Quotation’ No. -------dated -------------- in the office of-------------------------------located at -------------------1.2 The working hours will normally be 0900 hrs to 1300 hrs and 1330 hrs to 1730 hrs, as fixed by this office subject to condition that working hours per week shall not exceed 48 hrs. Though 06 days week (Monday to Saturday) is to be observed for providing onsite regular services as laid down, the services may have to be provided on Sundays/Holidays, if required by the office of the Director -----------------------. 1.3 The annual requirement of contract personnel on regular basis is estimated to be --------man-months for Computer/Data Entry Operators. ARTICLE-2: PERIOD OF THE CONTRACT That the tenure of this Agreement shall be from --------- to--------- (both days inclusive) and thereafter the same may be extended/renewed in writing at the option of the Government on the terms & conditions as mutually agreed and accepted by both the parties.
ARTICLE-3: STATUTORY CONDITIONS 3.1 That the Agency shall also abide by the provisions of the Child Labour (Provision and Regulation) Act, 1986. No personnel below the age of 18 years shall be employed on the work. 3.2 That the Agency shall pay same and similar wages to men and women workers when they perform same and similar work under the equal remuneration Act 1946. 3.3 That the Agency shall be responsible for payment of un-disbursed amount to be deposited with the prescribed authority (in case of death or whereabouts are not known), payment of overtime, proportional deduction of wages for lesser working hours than the normal. 3.4 That the Agency shall pay to the personnel deployed by him wages not less than the Minimum Rates of Wages as stand promulgated by the Central Government or State Government whichever is higher and as applicable on the date of entering into this Agreement. 3.5 That the Government shall nominate an authorized representative who shall be present at the place and time of the disbursement of the wages and the Agency shall ensure the disbursement of the wages in the presence of the authorized representative. The place and time of disbursement shall invariably be in the work premises and during the working hours on a day, which will be notified by the Agency in advance. 3.6 That it shall be the responsibility of the Agency to issue the Employment Card/Identity Card to each personnel as per the prescribed format and to maintain the registers/documents as stipulated in the ‘Invitation for Tender/Quotation’ and submit the periodical reports to concerned authorities of Labour Department and filing of returns as applicable under the Act and Rules of the Contract Labour Act 1970. 3.7 That the Agency shall maintain register of MUSTER ROLL (Form XVI) and Register of Wages (Form-XVII) as per Labour Act 1970. The copies of both the registers, alongwith Job Completion Certificate from user group shall be submitted to the Director………………. Register of Wages shall be recorded and certified with signature at the end of the entries by user rep. as ‘Certified that the amount shown in the column No._______has been paid to the men concerned in my presence on _____at _____. 3.8 That the Agency shall be solely liable and responsible for due observance and compliance of all statutory laws and rules framed there under as applicable from time to time in the matter of EPF, ESI, Wages, Bonus, Gratuity and Contract Labour Act etc. 3.9 That the Agency shall arrange for such facilities as provided for in the Contract Labour Act for the welfare and health of the personnel employed on the work.
3.10 That the Agency agrees to indemnify the Government against all claims for compensation by or on behalf of any workman employed by him in connection with this agreement for injury or death by accident under the Workman Compensation Act(Act VIII of 1923) 3.11 That the Agency shall certify that it is registered with the Central Provident Fund Commissioner and Employee State Insurance Corporation and undertakes to pay and deposit all statutory dues/contributions with the appropriate authority and to file statutory returns/statements etc under the said Act & Rules as ap`plicable from time to time, in respect of personnel deployed by it. The Agency will submit a declaration every month to the effect that his firm has fully complied with and discharged all its obligations under the applicable Labour Laws, Acts & Rules framed thereunder in the respect of the personnel by him. 3.12 That the Agency has agreed that in case of failure on his part to file any statutory return or deposit any statutory dues in time, he shall be solely liable and responsible for all or any consequences, of whatever nature whether civil or criminal, arising out of any such default on his part and shall keep the Government indemnified in this regard and that the Government shall in no way be liable and responsible for the default on the part of Agency in this regard 3.13 That the Agency shall ensure that he will continue to have valid license issued under the Contract Labour Act 1970 and the rules framed thereunder and all other documents/certificates/licenses, ESIC No. EPF No etc as are applicable and necessarily required during the subsistence of this Agreement including its extended/renewed tenure. 3.14 That the Agency has agreed that income tax and other taxes, if any, as per the prevailing rates will be deducted at source.
ARTICLE-4: PAYMENT TERMS 4.1 There shall be no mid-period revision of this basic rate, and the said rates shall remain fixed till the end of the contractual year. 4.2 That the Agency shall be paid charges for the services delivered by the personnel deployed on production of pre-receipted Contractor’s bill in triplicate along with invoices as per the details given below:4.2.1 Work Package for Computer/Data Entry Operator ………. man-months per annum. Payment @ Rs_______ per man –month inclusive of statutory payment (PF @ 13.61% & ESI @ 4.75%) + Service Charge @ __% + Service Tax @ ____%. 4.3 The total annual cost for hiring of services of …….. man- months of Computer/Data Entry Operators and inclusive of statutory payments (PF &ESI), Service charges @ ___%) and Service Tax @ ___%). 4.3 The Agency shall submit a consolidated monthly bill for the amount due for the services rendered during the preceding one-month, by the 10th of the following month along with
attendance sheet verified by the representatives of the Government. The payment for the services will be made to the Agency in arrears and no advance payment will be made to the Agency. The Agency shall show the payment details of PF & ESI of the contract in a separate sheet in the prescribed format and enclose with respective challans. The Agency shall enclose a certificate on the bill of having paid minimum wages to the personnel as per rates promulgated by the Central Government or State Government whichever is higher and also the declaration that he has paid the PF & ESI statutory dues/contribution with the appropriate authority for the previous month. While submitting the bill, the Agency shall quote TIN No. and PAN No. in the invoice. The payment shall be made on post monthly basis against job completion certificate and satisfactory services rendered by the user group and proof of remittance of the PF & ESI of previous month. The payment to the Agency will be made through CDA …………………….. ARTICLE-5: PERFORMANCE BANK GUARANTEE 5.1 That the Agency shall within 10 days of the signing of this agreement deposit a sum of Rs.__________(Rupee_______________ only) as Performance Guarantee @ 5% of annual contract value in the form of Bank Guarantee from any nationalized bank in favour of the Director ------------, ----------- . The Performance Bank Guarantee shall be valid for the period 60 days beyond the date of completion of all contractual obligations of the Agency. The Government will have the right to make good any shortfall in the services of the Agency from the Performance Bank Guarantee. 5.2 The Government shall not make a claim under the Performance Guarantee except for amounts to which the Government is entitled under the contract (notwithstanding and /or without prejudice to any other provision in the contract agreement) in the event of: (i) Failure by the Agency to pay the President of India any amount due, either as agreed by the Agency or determined under any of the clauses/conditions of the agreement, within 30 days of the serving of notice to this effect by the Government. (ii) In the event of the contract being determined or rescinded under the provision of any of the clause/condition of the agreement, the amount towards Performance Bank Guarantee shall stand forfeited in full and shall be absolutely at the disposal of the Government. ARTICLE-6: PENALTY/RISK & EXPENSE 6.1 That if the Agency fails to carry out on any day, any of the work mentioned in the ‘Invitation for Tender/Quotation’ or falls short in providing requisite manpower without prejudice to any other right or remedy available under the law to the Government on account of such breach, pro rata recovery along with penalty @ 10% of the charges payable per day will be recovered from the monthly bill of the Agency. The quantum of recovery will be decided by the Director --------------------,---- which will be binding & final.
6.2 The Government will have the right to make good any shortfall in the services of the Agency at his risk and cost in addition to deduction of penalty mentioned above from the monthly bill of the agency or from the Performance Bank Guarantee submitted by the agency. 6.3 That the Government shall be entitled to deduct from the pending bills of the Agency all such sums of money as may be claimed by the Government in terms of this Agreement. Any sum of money not covered by the amount of the said bills shall be liable to be deducted from the Performance Bank Guarantee/Security Deposit of the Agency. 6.4 In the case of Agency’s failure to meet the regular requirement of manpower in full or part capacity, the shortage of manpower supply may be made good from outside sources at the discretion of the Director ---------------at the risk and expense of the Agency at the prevailing market rates. In such a case recovery of additional expenditure so incurred by the Government will be deducted from Agency’s Performance Bank Guarantee Deposit. ARTICLE-7: AMENDMENT IN SCOPE OF WORK/TERMINATION OF THE CONTRACT 7.1 If at any time after acceptance of the Tender Government decides to abandon or reduce the scope of works for any reason whatsoever and hence not require the whole or any part the works to be carried out, the Government will give notice of 30 days in writing to that effect to the Agency and the Agency shall have no claim to any payment or compensation or otherwise, whatsoever, on account of any profit or advantage which he might have derived from the execution of the works in full but which he did not derive in consequence of the foreclosure of the whole or part of the work. 7.2 That in the event of breach of any of the terms and conditions of this contract or the work of the Agency in the opinion of the Government is not found satisfactory, or the Agency becomes insolvent or the Contractor poses any security risk, the Government shall be at liberty to terminate the contract forthwith and carryout the work through any other firm at the risk and cost of the Agency. 7.3 That if the Government desires to terminate the contract at any time for reasons other than mentioned hereinabove, it shall be at liberty to terminate the contract by giving one month’s notice of its intention to do. The Agency shall however have liability to discharge the obligations under this contract during the period of the notice without any compensation from the Government. ARTICLE-8: GENERAL CONDITONS AND CONDUCT OF PERSONNEL DEPLOYED BY THE CONTRACTOR 8.1 Selection of Personnel. That the Agency shall produce the complete bio-data and details of experience of the personnel proposed to be deputed for screening/selection by the Director or his authorized rep.
8.2 Display of Identity: The personnel deployed by the Agency shall display at all times the Identity Card issued by the firm. The expenditure involved on this account is to be borne by the Agency. 8.3 Conduct That the Agency must ensure good conduct of his employees and personnel being deployed by him for execution of this contract and the Agency will be solely responsible for any misconduct on behalf of and on part of his employees and personnel deployed. The Agency will ensure that the personnel deployed by it do not smoke or be under the influence of liquor / drugs during their duty hours. 8.4 Verification of Employee The Agency initially has to submit character certificate of personnel deployed from any two Gazetted officers/MLA/MP and an affidavit stating that no criminal proceedings are pending against him in any court of law. The Agency will ensure verification of the antecedents of employees and personnel from the local police and a copy of Police Verification shall be deposited with the Government. 8.5 Dealing with Indiscipline That the Government may require the Agency to dismiss or remove from the site of work any person or persons employed upon the work (by the Agency) who may be incompetent or who misconducts himself and the Agency shall forthwith comply with such requirement. The Agency shall not allow or permit his employees to participate in any trade union activities or agitation in the premises of ------------------- or in its vicinity. 8.6 Security Precautions That the Agency and the personnel employed by it in discharge of the services as contracted shall observe all rules regarding security precautions as applicable within the Ministry of Defence and enforced by the Security Office of. Any breach of security would render the Agreement liable to termination in addition to any other action open to the Government. The decision of the Director ---------------, ----------in this regard would be final and binding. 8.7 Safety Measure. That the personnel deployed by the Agency shall take all preventive and safety measures to ensure that no damage to material/building/persons/equipments takes place during the course of their duties. The Agency shall undertake to compensate the Government in respect of any loss/damage due to any act, conduct or negligence on the part of the personnel supplied by him. The decision of the director --------------,--------- in this regard would be final and binding. ARTICLE-9: LAW 9.1 The present contract shall be considered and made in accordance with the laws of the Republic of India. The contract shall be governed by and interpreted in accordance with the laws of the Republic of India. 9.2 Nothing contained in this agreement shall be construed as establishing, creating or implied between the parties (including the personnel deployed by the Agency) relationship of master and servant or principal and agent.
9.3 That the Agency declares and agrees that this Agreement does not amount to employment with the Government nor confers any right on it or on the personnel deployed by it or any other personnel for any representation to the Government for the possibility or preference for employment at any time in future in respect of personnel of the Agency in any office/establishment of the Government. 9.4 It is acknowledged and agreed by both the parties that there shall be no representation of any type implied or otherwise, of any automatic absorption, regularization, continued engagement or concession or preference for employment of personnel deployed by the Agency for any subsequent engagement, service or employment in any capacity in any office or establishment of Government. ARTICLE-10: ARBITRATION 10.1 All disputes or differences arising out of or in connection with the present contract, including the one connected with the validity of the present contract or any part thereof, shall be settled by bilateral discussions. 10.2 That in the case of any dispute or difference which may, at any time during and after the contract, be arising between the parties hereto in respect of any of the matter of the agreement, such dispute or difference shall be referred to the arbitration of the Additional Secretary to the Government of India in Ministry of Defence or any other person he may appoint on his behalf. The provisions of Arbitration and Conciliation Act, 1996 and the rules thereunder shall be deemed to apply to the arbitration proceedings under this clause. Furthermore, in the event of dispute, it is mutually agreed that such disputes shall be referred to DGAQA for arbitration instead of going to court directly. 10.3 The parties shall continue to perform their respective obligations under this contract during the pendency of the arbitration proceedings except in so far as such obligations are the subject matter of the said arbitration proceedings.
ARTICLE-11: PENALTY FOR USE OF UNDUE INFLUENCE 11.1 The Agency undertakes that it has not given, offered or promised to give, directly or indirectly any gift, consideration, reward, commission, fees brokerage or inducement to any person in service of the GOVERNMENT or otherwise in procuring the contracts or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of the contract or any other contract with the Govt. for showing or forbearing to show favour or disfavour to any person in relation to the contract or any other contract with the Govt. Any breach of the aforesaid undertaking by the AGENCY or anyone employed by him or acting on his behalf (whether with or without the knowledge of the AGENCY) or the commission of any offers by the AGENCY or anyone employed by him or acting on his behalf, as defined in Chapter IX of the Indian Penal Code, 1960 or the Prevention of Corruption Act, 1947 or any other Act enacted for the prevention of corruption shall entitle the GOVERNMENT to cancel the contract and all or any other contracts with the AGENCY and recover from the AGENCY the amount of any loss arising from such cancellation. A decision of the GOVERNMENT or his nominee to the effect that a breach of the undertaking had been committed shall be final and binding on the Agency. 11.2 Giving or offering of any gift, bribe or inducement or any attempt at any such act on behalf of the AGENCY towards any officer/employee of the Government or to any other person in a position to influence any officer/ employee of the GOVERNMENT for showing any favour in relation to this or any other contract, shall render the AGENCY to such liability/penalty as the GOVERNMENT may deem proper, including but not limited to termination of the contract, imposition of penal damages, forfeiture of the Bank Guarantee and refund of the amounts paid by the GOVERNMENT. ARTICLE-12 : NON DISCLOSURE OF CONTRACT DOCUMENTS Except with the written consent of the GOVERNMENT/AGENCY, other party shall not disclose the contract or any provision, thereof to any third party. ARTICLE-13 : NOTICES Any notice required or permitted by this contract shall be written in English language and may be delivered personally or may be sent by FAX, TELEX, or Registered Post, addressed to the last known address of the party to whom it is sent.
ARTICLE-14 : TRANSFER AND SUB-LETTING The AGENCY has no right to give, bargain, sell, assign or sublet or otherwise dispose of the Contract or any part thereof, as well as to give or to let a third party take benefit or advantage of the present contract or any part thereof. 15. That for the purpose of this agreement, ‘Government’ means DGAQA, Ministry of Defence acting through the Director--------------------. 16 Any notice/direction given under the terms of this agreement shall be considered to be duly served if the same has been delivered to or dispatched by Registered Post to the Agency at its last known address. Any notice to be given to the Government shall be considered as duly served if the same is delivered or dispatched by the Registered Post by the said agency to the Director -------------------------------------. Any notice so posted shall be prima facie proof of service at the expiration of the time in which in the ordinary course of post it would have reached the address to which it was sent. 17. That all the expenses for the preparation and execution of this deed including he stamp duty and conveyance fee shall be payable by the Agency. 18.
Signature and legal addresses of the contracting parties: Agency
Government
In witness whereof the parties hereto have hereunder set their respective hands on the day and the year above written. For & on behalf of
For and on behalf of the President of India
M/s _______________________
_______________________________ (Director------------------------)
WITNESSES:
WITNESSES:
1.__________________
1__________________
2___________________
2__________________
CONTRACT AGREEMENT This Agreement No. -------------------------made on this --- day of ------------, between the President of India, acting through the Director, -------------------------------------------------- , Ministry of Defence, C/ o, (hereinafter referred to as “The Government”) of the first part. And M/s-----------------------------------------------(EREINAFTER REFERRED TO AS THE “Agency” which expression shall include unless excluded by or repugnant to the context, partners, their respective heirs, executors, administrators, and assignees) of the second part. Whereas the Government called for Tenders for concluding contract for hiring of services of Computer/Data Entry Operators and Unskilled Helpers for the various functional groups of ------located at, at and the Tender submitted by the Agency having been accepted by the Government.
