Scaring Monkeys
Scaring Monkeys
INDEX
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
Tender Notice
Last date/time for submission of tenders in MOH office: 27.09.2016 upto 3.00 PM
Date and time of opening of tender : 27.09.2016 on 3.30 PM
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
Health Department
New Delhi Municipal Council
10th Floor: Room No.1002
Palika Kendra: New Delhi-110001
The Medical Officer of Health, NDMC, invites Item rate bids on behalf
of NDMC, from the contractors having experience in the work of scaring & repelling
Monkeys (by mimic the sound of langoor) in Two Bid systems (Technical & Financial
Bid) with an estimated cost of 98,35,800/- inclusive of all Taxes & duties) (Rupees Ninety
Eight Lacs Thirty Five Thousand Eight Hundred only).
The sealed tender document should be submitted in the Medical Officer of Health
by the stipulated date and time. The tender document may be collected from the office of
Medical Officer of Health, Room No.1002, 10th floor, Palika Kendra, Sansad Marg, New
Delhi-110001 on payment of Rs.1000/- (Rupees One Thousand only) through Demand
Draft/Pay Order in favour of Secretary, NDMC, payable at New Delhi, on any working day
between 3.00 PM to 5.00 PM.
The receipt of payment of earnest money and tender papers should be submitted
with the tender documents in the tender box otherwise the same are liable not be opened
ELIGIBILITY CRITERIA:
The tenders are invited in two Bid Systems (Technical & Financial Bid)
TECHNICAL BID:
3. The tender document can be downloaded from the official website of the NDMC
(i.e. www.ndmc.gov.in). In case the document is downloaded, the cost of bid
document (i.e. Demand Draft/Pay Order of Rs.500/- (Rupees Five Hundred only)
drawn in favour of ‘Secretary, New Delhi Municipal Council’ payable at ‘New
Delhi’ has to be submitted by the bidder to NDMC along with the submission of
bid.
4. should have had average Annual Financial turnover during the last 3 consecutive
financial years ending 31st March of previous financial year should be at least
30% of the estimated cost put to tender i.e. Rs.29,50,740/- each year (Submit a
copy of certificate from CA to be uploaded).
5. Should not have incurred any loss in more than two years during the last five
years ending 31st March, 2015.
7. Intending bidders is eligible to submit the bid provided he has definite proof of
experience of Govt./Semi-Govt./Municipal Bodies having successfully satisfactory
completed similar for scaring & repelling Monkeys (by mimic the sound of
langoor) with completion certificates during the last 7 years ending last day of the
month previous to the one in which applications are invited should be either of the
following:-
a) Three completed similar work costing not less than the amount equal to 40% of
the estimated cost i.e.Rs.39,34,320/- each.
Or
b) Two completed similar work costing not less than the amount equal to 50% of the
estimated cost i.e. Rs.59,01,480/- each.
Or
c) One completed similar work costing not less than the amount equal to 80% of the
estimated cost i.e. Rs.78,68,640/-.
For the purpose of this clause – ‘Similar work’ means the Control scaring & repelling
Monkeys (by mimic the sound of langoor).
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
List of Documents to be submitted in the tender box within the period of bid
submission:-
Eligible bidders may download the bid documents only from NDMC. Website
https://www.ndmc.gov.in for bidding purpose.
The duly filled up Technical Bid & Financial Bid documents shall be submitted in the
tender box in separate cover on 26.09.2016 upto 3.00 PM and the technical bid shall be
opened on the same day in presence of the tenderers or their authorized representative
who may desire to attend. The financial bid of the qualified bidder will be open in the
presence of interested bidder after the evaluation of technical bid.
NDMC reserves the right to reject the whole or any part of the bid without assigning any
reason.
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
HEALTH DEPARTMENT
NDMC, PALIKA KENDRA : NEW DELHI
The Medical Officer of Health, NDMC, invites Item rate bids on behalf of NDMC,
from the contractors having experience in the work of scaring & repelling Monkeys (by
mimic the sound of langoor) in Two Bid systems (Technical & Financial Bid) with an
estimated cost of 98,35,800/- inclusive of all Taxes & duties) (Rupees Ninety Eight Lacs
Thirty Five Thousand Eight Hundred only).
The sealed tender document should be submitted in the Medical Officer of Health
by the stipulated date and time. The tender document may be collected from the office of
Medical Officer of Health, Room No.1002, 10th floor, Palika Kendra, Sansad Marg, New
Delhi-110001 on payment of Rs.1000/- (Rupees One Thousand only) through Demand
Draft/Pay Order in favour of Secretary, NDMC, payable at New Delhi, on any working day
between 3.00 PM to 5.00 PM.
The receipt of payment of earnest money and tender papers should be submitted
with the tender documents in the tender box otherwise the same are liable not be opened
ELIGIBILITY CRITERIA:
The tenders are invited in two Bid Systems (Technical & Financial Bid)
TECHNICAL BID:
2. The tender documents will be available on sale from the following address on
submission of a written application for the same and upon payment of a price of
Rs.1000/- (Rupees One Thousand only) by way of a Demand Draft/Pay Order
drawn in favour of Secretary, New Delhi Municipal Council, payable at ‘New
Delhi’. The cost of this tender document shall be non-refundable.
3. The tender document can be downloaded from the official website of the NDMC
(i.e. www.ndmc.gov.in). In case the document is downloaded, the cost of bid
document (i.e. Demand Draft/Pay Order of Rs.1000/- (Rupees One Thousand
only) drawn in favour of ‘Secretary, New Delhi Municipal Council’ payable at
‘New Delhi’ has to be submitted by the bidder to NDMC along with the submission
of bidshould have had average Annual Financial turnover during the last 3
consecutive financial years ending 31st March of previous financial year should be
at least 30% of the estimated cost put to tender i.e. Rs.29,50,740/- each year
(Submit a copy of certificate from CA to be uploaded).
4. Should not have incurred any loss in more than two years during the last five
years ending 31st March, 2015.
6. Intending bidders is eligible to submit the bid provided he has definite proof of
experience of Govt./Semi-Govt./Municipal Bodies having successfully satisfactory
completed similar scaring & repelling Monkeys (by mimic the sound of
langoor).
7. with completion certificates during the last 7 years ending last day of the month
previous to the one in which applications are invited should be either of the
following:-
a) Three completed similar work costing not less than the amount equal to 40% of
the estimated cost i.e.Rs.39,34,320/- each.
Or
b) Two completed similar work costing not less than the amount equal to 50% of the
estimated cost i.e. Rs.59,01,480/- each.
Or
c) One completed similar work costing not less than the amount equal to 80% of the
estimated cost i.e. Rs.78,68,640/-.
For the purpose of this clause – ‘Similar work’ means the Control scaring & repelling
Monkeys (by mimic the sound of langoor).
___________________________________________________________________________________
Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
List of Documents to be submitted in the tender box within the period of bid
submission:-
Eligible bidders may download the bid documents only from NDMC. Website
https://www.ndmc.gov.in for bidding purpose.
The duly filled up Technical Bid & Financial Bid documents shall be submitted in the
tender box in separate cover on ______________ upto 3.00 PM and the technical bid
shall be opened on the same day in presence of the tenderers or their authorized
representative who may desire to attend. The financial bid of the qualified bidder will be
open in the presence of interested bidder after the evaluation of technical bid.
NDMC reserves the right to reject the whole or any part of the bid without assigning any
reason.
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
1. The intending bidder must read the terms and conditions of NIT carefully. He
should only submit his bid if he considers himself eligible and he is in possession
of all the documents required.
2. In the event of the bid being submitted by a Partnership firm, it must be signed by
all partners or authorized signatories if authorized through a proper general power
of attorney. Such authority letter with a copy of G.P.A. is to be produced with the
bid and it must be disclosed that the firm is duly registered under the Indian
Partnership Act, 1952 and authenticated copy of the partnership deed should be
scanned.
3. Certificate of Financial Turn Over: At the time of submission of bid contractor
may upload certificate from CA mentioning Financial Turnover of last 3 (three)
years or for the period as specified in the bid document and further details if
required may be asked from the bidder after opening of technical bids. There is
no need to upload entire voluminous balance sheet.
4. Earnest Money/Security Deposit against any other tender shall not be adjusted
against this tender.
5. The tenderer will not be entitled to any claim for interest on the earnest
money/security deposit money.
6. Technical Bid will be opened on the same day at 3.30 PM in the office of MOH in
the presence of such of the tenderers as may like to be present.
7. Financial bids of only those tenderers will be opened who will be qualified in the
Technical Bid.
8. Incomplete tender documents having cutting/overwriting, erasing etc. will not be
acceptable and are liable to rejected. The decision of the Medical Officer Health
in this regard shall be final & binding.
9. All the conditions mentioned in the tender notice will be binding on the tenderer
and he will furnish a declaration to this effect in the absence of which tender is
liable to be rejected without assigning any reason.
10. Tender documents should be filled in accordance with the instruction and must be
dropped only in the tender box specified for the purpose and placed outside the
room of Medical Officer Health at 10th floor, Palika Kendra, New Delhi-110001.
11. The contractor shall submit an undertaking of physical existence of 25 persons
with him on affidavit of Rs.50/- in this regard at the time of submission of tender.
After award of work, the physical existence of persons deployed can be checked
at any time by surprise visit. If contractor fails to prove physical existence of 25
persons the contract shall be terminated and action as per agreement shall be
initiated.
12. The general timing of deployment of persons will be from 9 A.M. to 6 P.M. for six
days in a week except Sunday and Gazetted Holidays at the site specified to him
or instructions by the authorities time to time.
13. The contract shall be valid for a period of two year only.
14. The rates of items must be quoted clearly.
15. The rates quoted must be inclusive of all taxes, and all other charges. .
16. The contractor whose bid is accepted will be required to furnish performance
guarantee of 5% (five percent) of the bid amount within the period 15 days. This
guarantee shall be in the form of cash (in case guarantee amount is less than
Rs.10000/-) or Deposit at Call Receipt of any Scheduled Bank/Banker’s Cheque of
any scheduled bank/Demand Draft of any scheduled bank/pay order of any
scheduled bank of any scheduled bank (in case guarantee amount is less than
Rs.1,00,000/-) or Government Securities or Fixed Deposit Receipts or Guarantee
Bonds of any Scheduled Bank or the State Bank of India in accordance with the
prescribed form. In case the contractor fails to deposit the said
performance guarantee within the 15 days, the earnest money
deposited by the contractor shall be forfeited automatically without any notice to the
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
contractor. The earnest money deposited along with bid shall be returned after
receiving the aforesaid performance guarantee.
The contractor whose bid is accepted will also be required to furnish either copy of
applicable licenses/registration or proof of applying for obtaining labour licenses,
registration with EPFO, ESIC thereof from the date of issue of letter of acceptance 15
days.
17. The Contractor whose tender is accepted in whole or in part will have to execute an
agreement on non judicial stamp paper of Rs.100/- within 15 days from the date of
issue of work order. The NIT shall form a part of the agreement document. If the
contractor fails to execute the agreement, Earnest Money deposited by him/them
shall be forfeited. The person(s) whose tender may be accepted (hereinafter called
the Contractor) shall permit the NDMC at the time of making any payment to him for
the work done under the contract, to deduct such sum at the rate of 5% of the gross
value of the work done. Such deductions will be held by the NDMC by way of security
deposit. Provided always that the NDMC for this purpose shall be entitled to recover
from the running bills at the rate mentioned above including earnest money till the
balance amount of security deposit is realized. The security deposit shall be collected
from the running bills of the Contractor at the rate mentioned above and the earnest
money if deposit at the time of tenders will be treated as part of security deposit. All
compensation or the other sums of money payable by the Contractor under the terms
of this contract may be deducted from, or adjusted from the security deposit or from
any sums which may be due or may become due to the Contractor, by the NDMC on
any account whatsoever and in the event of his security deposit being reduced by
reason of any such deductions, the Contractor shall within 10 days make good in
cash or Guarantee bonds in favour of the Secretary, NDMC executed by the State
Bank of India. The payment of the security amount deducted from all the bills will be
released after 6 months completion of work.
18. No Running Account Bill shall be paid for the work till the applicable labour licenses,
registration with EPFO, ESIC whatever applicable is submitted by the contractor to
the MOH.
19. The payment of hiring charges will be made for providing persons at the rate so
awarded. The contractor will be entitled for payment on monthly basis for which
proper bills will be submitted by him to the NDMC through Medical Officer Health.
While making payment to the contractor, the statutory deductions as per prevailing
rate shall be made
20. Payment will be made only after certification by the MS (VH) with regard to
satisfactory performance by the contractor.
21. The rates offered in tender shall remain open for acceptance for period of 90 days
from the date of opening of date of opening of financial bid. If any tenderer withdraws
his tender before the said period or make any modification in terms and conditions of
the tender, NDMC shall without prejudice to any other right or remedy at liberty to
forfeit the EMD absolutely and black listing of the tender or both.
22. In case of the breach of any term & condition of the contract by the contractor, NDMC
shall be entitled to forfeit the earnest money/ security amount so deposited by the
contractor.
23. The contractor shall be responsible for making payments of wages and other benefit
to the persons engaged by him, as per the rates fixed by GNCT, Delhi under minimum
wages Act.
24. The contractor shall be responsible for statutory compliances like EPF & ESI facility to
his employees.
25. The contractor shall submit to the MOH, the documentary evidence of
payments/deposits to appropriate govt. authority/individuals as applicable in respect
of statutory requirement i.e. P.F., E.S.I., Bonus, L.C. and gratuity in favour of his
employees engaged in the work at every alternate months.
26. The MOH shall fully empowered to withheld from the contractor’s bill
a sum equal to the amount required to meet the provisions
of statutory requirements as mentioned above without giving any notice to the
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
contractor, if the contractor fails to submit the evidence of payment/deposits as mentioned
in conditions.
27. The Service Tax, if any, is to be paid by the contractor and same will be reimbursed to the
contractor after submitting original receipt to the department. The receipt should clearly
indicate name of work, period and other details which may be necessary to avoid any
confusion/litigation at later stage.
28. The Council has the absolute right of accepting and rejecting any or all the tenders without
assigning any reason or increasing or decreasing the quantity. The Council will not be
bound to accept the lowest rates.
29. In the event of any dispute between the parties of the agreement, the same shall be
decided by the Arbitrator appointed by the Chairperson, NDMC whose decision shall be
final and binding on both the parties of the agreement.
30. Any attempt for negotiation, direct or indirect or to make any endeavour to secure any
interest by the prospective tenderer or to influence by any means of the acceptance of a
particular tender will render the tenderer liable to exclusion from consideration.
31. Contractor will not sub-let this contract. If he commits a breach of this clause of contract,
MOH shall have power to forfeit his security deposit and to terminate his agreement and
Contractor shall have no claim for any compensation for any loss that may accrue from the
materials he may have collected or engagements entered into whatsoever.
32. The Contractor shall abide by all the terms and conditions of the contract of work. In case
the tender is accepted and tenderer refuses or is not willing to execute the order or
commits breach of any terms and condition of the tender or that of the agreement, the
Council may not only forfeit part or whole of the security deposit/earnest money but shall
have the option to have the work from another Contractor at the risk & cost of the original
tenderer and recover the difference in tendered amount and that payable to the later
agency. NDMC shall be at liberty to terminate the contract without any notice to him and
the Contractor/tenderer shall have no claim for compensation for any loss that he may
suffer on this account.
33. Without prejudice to any of the right or remedies under this contract if the contractor dies,
the MOH on behalf of the NDMC shall have the option of terminating the contract without
compensation to the Contractor.
34. The period of completion of the work is two years from the date of award of work.
35. The competent authority on behalf of Secretary NDMC does not bind itself to accept
lowest or any other tender and reserves to itself the authority to reject any or all the
tenders received without the assignment of any reason. All tenders in which any of the
prescribed condition is not fulfilled or any condition including that of conditional rebate is
put forth by the tenderer shall be summarily rejected.
36. The competent authority on behalf of Secretary NDMC reserves to himself the right of
accepting the whole or any part of the tender and the tenderer shall be bound to perform
the same at the rate quoted.
37. The contractors shall not be permitted to tender for works in the NDMC circle responsible
for award and execution of contracts, in which his near relative is posted as Divisional
Accountant and or as an officer in any capacity. He shall also intimate the name of
persons who are working with him any capacity or are subsequently employed by him and
who are near relatives to any gazetted officer in NDMC. The breach of this condition by
the contractor would render him liable to be rejected from the tender.
38. The contract can be deprived/ terminated at any time in case the work is not found
satisfactory by giving 10 days notice in writing.
39. The contract is subject to the performance and entire satisfaction of the work by Medical
Office Health.
40. The contractor shall be responsible for any claim of damages whatsoever that arises due
to any accident and consequent injury to any one and no responsibility or liability shall rest
on NDMC. No compensation on any account shall be allowed to the contractor.
41. The successful implementation of the terms and conditions of the agreement will be
ensured by Medical Officer Health, NDMC by direct control and supervision of the
contractor.
42. All the expenses for wear & tear and food of the persons shall be borne by the
contractor and the NDMC shall not bear the responsibility or liability of any kind
whatsoever.
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
43. In case of contradiction in any clause/condition of NIT, the decision of the NIT
approving authority shall be final and binding.
44. No additional condition in contradiction of terms and conditions of the NIT shall be
accepted at all, and such tenders shall be rejected without assigning any reason.
45. In case of any dispute between the parties of the agreement the same shall be
decided by the Arbitrator appointed by the Chairperson, NDMC whose decision
shall be final and binding on both the parties of the agreement.
46. The statutory recoveries such as Income Tax, D-VAT shall be made as per rates
notified by the Government from time to time and applicable on the date of
payment.
47. In case contractor does not report for 10 days continuously for this purpose, his
Earnest Money Deposit, Security Deposit & Performance Guarantee will be
forfeited on the recommendations of MS(VH) & duly approved by MOH. The
contractor may also be blacklisted.
48. ARBITRATION
That any dispute/difference arising out or relating to this agreement including the
interpretation of its terms will be resolved through joint discussion. However, if
the disputes are not resolved by joint discussions then the matter will be referred
to the Sole Arbitrator as appointed by the Chairperson, NDMC as per
Cancellation and Arbitration Act, 1986 whose decision shall be final and binding
on both the parties. Courts at New Delhi shall have the jurisdiction over the
same.
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
50. TERMINATION OF THE CONTRACT
I/We have gone through the contents of the NIT carefully.The information
supplied by me/us is/are true to the best of my knowledge and belief and nothing has
been concealed there from and I/We shall abide by the terms and conditions of the
tender.
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
INTEGRITY PACT
To,
…………………………..,
…………………………..,
…………….……………..
SH: Engaging of 25 persons for scaring & repelling Monkeys (by mimic the sound
of languor)”.
Dear Sir,
The subject Notice Inviting Tender (NIT) is an invitation to offer made on the
condition that the bidder will sign the integrity Agreement, which is an integral part of
tender/bid documents, failing which the tenderer/bidder will stand disqualified from the
tendering process and the bid of the bidder would be summarily rejected.
This declaration shall form part and parcel of the Integrity Agreement and signing
of the same shall be deemed as acceptance and signing of the Integrity Agreement on
behalf of the NDMC.
Yours faithfully
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
INTEGRITY PACT
SH: Engaging of 25 persons for scaring & repelling Monkeys (by mimic the sound
of languor)”.
Dear Sir,
I/We agree that the Notice Inviting Tender (NIT) is an invitation to offer made on
the condition that I/We will sign the enclosed integrity Agreement, which is an integral part
of tender documents, failing which I/We will stand disqualified from the tendering process.
I/We acknowledge that THE MAKING OF THE BID SHALL BE REGARDED AS AN
UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the NIT.
I confirm acceptance and compliance with the Integrity Agreement in letter and
spirit and further agree that execution of the said Integrity Agreement shall be separate
and distinct from the main contract, which will come into existence when tender/bid is
finally accepted by NDMC. I/We acknowledge and accept the duration of the Integrity
Agreement, which shall be in the line with Article 1 of the enclosed Integrity Agreement.
I acknowledge that in the event of my/our failure to sign and accept the Integrity
Agreement, while submitting the tender/bid, NDMC shall have unqualified, absolute and
unfettered right to disqualify the tenderer/bidder and reject the tender/bid is accordance
with terms and conditions of the tender/bid.
Yours faithfully
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
Pre bid-contract Agreement (hereinafter called the Integrity Pact)
This pre bid-contract Agreement (hereinafter called the Integrity Pact) is made on
______________the day of the month of ___________.year _________. Between on one
hand NEW DELHI MUNICIPAL COUNCIL through Sh./Dr. P.K. Sharma, the Medical Officer of
Health. (Hereinafter called the “Principal/ Owner” which expression shall mean and include,
unless the context otherwise requires his successors in office and assigns)of the First
Part and M/s
_______________________________________________________represented by,
____________________________________________ (hereinafter called the Bidder (s) /
Contractor (s) which expression shall mean and include, unless the context otherwise requires
his successors in office and assigns) of the Second Part.
Whereas the Principal/ Owner proposes to procure (Name of work the store/
Equipment/ item) through the Bidder (s) /Contractor (s) and the Bidder (s) /Contractor (s) is
willing to offer/has offered the same.
Whereas the Bidder is a private company/public company/partnership/ registered
export agency, constituted in accordance with the relevant law in the matter and the Principal/
Owner is the municipal government of New Delhi established as per NDMC act 1994
performing its functions on behalf of the Council.
Now, therefore,
To avoid all forms of corruption by following a system that is fair, transparent and free
from any influence/prejudiced dealings prior to, during and subsequent to the currency
of the contract to be entered into with a view to:
Enabling the Principal/ Owner to procure the desired said work Services/ Stores/
Equipments at a competitive price in conformity with the defined specifications by
avoiding the high cost and the distortionary impact of corruption during tendering,
execution & public procurement, and
Enabling bidder (s)/ Contractor (s) to abstain from bribing indulging in any corrupt
practice in order to secure the contract by providing assurance to them that their
competitors will also refrain from bribing and other corrupt practices and the
Principal/ Owner will commit to prevent corruption, in any form, by its officials by
following transparent procedures.
,
The Parties here to hereby agree to enter into this Integrity Pact and agree as follows:-
Commitments of the Principal/ Owner
1.1 The Principal/ Owner undertakes that no official of the Principal/ Owner, connected
directly or indirectly with the contract, will demand, take a promise for or accept,
directly or through intermediaries, any bribe, consideration, gift, reward, favour or
any material or immaterial benefit or any other advantage from the Bidder(s)/
Contractor (s), either for themselves or for any person, organization or third party
related to the contract in exchange for an advantage in the bidding process, bid
evaluation, contracting or implementation process related to the Contract.
1.2 The Principal/ Owner will, during the pre-contract stage, treat all Bidder (s)/
Contractor (s) alike, and will provide to all Bidder (s)/ contractor (s)
the same information and will not provide any such information to any
particular Bidder (s)/ contractor (s) which could afford an advantage to that
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
particular Bidder (s)/ contractor (s) in comparison to other Bidder (s)/ contractor (s).
1.3 All the officials of the Principal/ Owner will report to the CVO, NDMC any attempted or
completed breaches of the above commitments as well as any substantial suspicion of
such a breach.
2. In case of any such preceding misconduct on the part of such official(s) is reported by the
Bidder (s)/ contractor (s) to the CVO, NDMC with full and verifiable facts and the same is
prima facie found to be correct by the NDMC, necessary disciplinary proceedings, or any
other action as deemed fit, including criminal proceedings may be initiated by the
NDMC and such a person shall be debarred from further dealings related to the contract
process. In such a case while an enquiry is being conducted by the NDMC the
proceedings under the contract would not be stalled.
Commitments of Bidder (s)/ Contractor (s)
3. The Bidder (s)/ contractor (s) commits himself to take all measures necessary to
prevent corrupt practices, unfair means and illegal activities during any stage of his bid or
during any pre-contract or post-contract stage in order to secure the contract or in
furtherance to secure it and in particular commits himself to the following:-
3.1 The Bidder (s)/ contractor (s) will not offer, directly or through intermediaries, any bribe,
gift, consideration, reward, favour, any material or immaterial benefit or other
advantage, commission, fees, brokerage or inducement to any official of the Principal/
Owner, connected directly or indirectly with the bidding process, or to any person,
organization or third party related to the contract in exchange for any advantage in the
bidding, evaluation, contracting and implementation of the Contract.
3.2 The Bidder (s)/ contractor (s) further undertakes that he has not given, offered or promised
to give, directly or indirectly any bribe, gift, consideration, reward, favour, any material or
immaterial benefit or other advantage, commission, fees, brokerage or inducement to any
official of the Principal/ Owner or otherwise in executing the contract or forbearing to do or
having done any act in relation to the obtaining or execution of the Contract or any other
Contract with the New Delhi Municipal Council for showing or forbearing to show favour or
disfavour to any person in relation to the Contract or any other Contract with the New Delhi
Municipal Council.
3.3 Bidder (s)/ contractor (s) shall disclose the name and address of agents/ Brokers/
representative/ Intermediaries and Indian Bidder (s)/ contractor (s) shall disclose their
foreign Principals or associates at the time of bidding.
3.4 Bidder (s)/ contractor (s) shall disclose the payments to be made by them to such
agents/ Brokers/ representative/ Intermediaries, in connection with this bid/contract at the
time of bidding.
3.5 Deleted
3.6 Bidder (s)/ contractor (s), either while presenting the bid or during pre- contract
negotiations or before signing the contract, shall disclose any payments he has made, is
committed to or intends to make to agent, brokers or any other intermediaries in
connection with the contract and the details of services agreed upon for such payments. A
copy of contract so made with agents’ brokers/ intermediaries shall be submitted.
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
3.7 The Bidder (s)/ contractor (s) will not collude with other parties interested in the contract
to impair the transparency, fairness and progress of the bidding process, bid evaluation,
contracting and implementation of the contract. Bidder shall remain responsible to
maintain safety & confidentiality of his bid documents during bid process.
3.8 The Bidder (s)/ contractor (s) will not accept and advantage in exchange for any corrupt
practice, unfair means, and illegal activities.
3.9 The Bidder (s)/ contractor (s) shall not use improperly, for purposes of competition or
personal gain, or pass on to others, any information provided by the Buyer as part of the
business relationship, regarding plans, technical proposals and business details, including
information contained in any electronic data carrier. The Bidder also undertakes to
exercise due and adequate care lest any such information is divulged.
3.10 The Bidder commits to refrain from giving any complaint directly or through any other
manner without supporting it with full and verifiable facts, either to principals/owner or to
IEMs so appointed by NDMC.
3.11 The Bidder (s)/ contractor (s) shall not instigate or cause to instigate any third person to
commit any of the actions mentioned above.
3.12 If the Bidder (s)/ contractor (s) or any employee of the Bidder (s)/ contractor (s) or any
person acting on behalf of the Bidder (s)/ contractor (s), either directly or indirectly, is a
relative of any of the officers of the Principal/ Owner, or alternatively, if any relative of an
officer of the Principal/ Owner has financial interest/ stake in the Bidder (s)/ contractor (s)
firm, the same shall be disclosed by the Bidder (s)/ contractor (s) at the time of filing of
tender. The term ‘relative’ for this purpose would be as defiance in Section 6 of the
Companies Act 1956.
3.13 The Bidder (s)/ contractor (s) shall not lend to or borrow and money form or enter into any
monetary dealings or transaction, directly or indirectly, with any employee of the
Principal/Owner.
4. Previous Transgression
4.1 The Bidder (s)/ contractor (s) declares that no previous transgression occurred in
the last three years immediately before signing of this Integrity Pact, with any other
company in any country in respect of any corrupt practices envisaged hereunder or
with any Public Sector Enterprise in India or New Delhi Municipal Council that could
justify Bidder (s)/ contractor (s) exclusion from the tender process.
4.2 The Bidder (s)/ contractor (s) agrees that if it makes incorrect statement on this
subject, Bidder (s)/ contractor (s) can be disqualified from the tender process or the
contract, if already awarded, can be terminated for such reason.
5. Deleted
6.1 Any breach of the aforesaid provisions by the Bidder (s)/ contractor (s) or any one
employed by it or acting on its behalf (whether with or without the knowledge of the
Bidder (s)/ contractor (s)) shall entitle the Principal/ Owner to take all or any one of
the following actions, wherever required:-
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(i) To immediately call off the pre-contract negotiations without assigning any
reason or giving any compensation to the Bidder (s)/ contractor (s). However, the
proceedings with the other Bidder (s)/ contractor (s) would continue.
(ii) The Earnest Money Deposit (in per-contract stage) and /or Security
Deposit/Performance Bond/ Guarantee (after the contract is signed) shall stand
forfeited and the Principal/ Owner shall not be required to assign any reason
therefore.
(iii) To immediately cancel the contract, if already signed, without giving any
compensation to the Bidder (s)/ contractor (s).
(iv) To recover all sums already paid by the Principal/ Owner, and in case of an
Indian Bidder (s)/ contractor (s) with interest thereon at 2% higher than the prevailing
Prime Lending Rate of State Bank of India, while in case of a Bidder (s)/ contractor
(s) from a country other than India with interest thereon at 2% higher than the
LIBOR. If any outstanding payment is due to the Bidder (s)/ contractor (s) from the
Principal/Owner in connection with any other contract for any other stores, such
outstanding payment could also be utilized to recover the aforesaid sum and interest.
(v) To encash the advance bank guarantee and performance bond/warranty bond, if
furnished by the Bidder (s)/ contractor (s), in order to recover the payments, already
made by the Principal/Owner, along with interest.
(vi) To cancel all or any other Contracts with the Bidder (s)/ contractor (s). The Bidder
(s)/ contractor (s) shall be liable to pay compensation for any loss or damage to the
Principal/Owner resulting from such cancellation/rescission and the Principal/Owner
shall be entitled to deduct the amount so payable form the money (s) due to the
Bidder (s)/ contractor (s).
(vii) To debar the Bidder (s)/ contractor (s) from participation in future bidding
processes of the New Delhi Municipal Council for a period ranging from six month to
maximum five year. However if the bidder takes corrective measures against
transgressions, subject to satisfaction of Principal/ Owner &IEMs, the period of debar
can reviews.
(viii) To recover all sums paid in violation of this Pact by Bidder (s)/ contractor (s) to
any middleman or agent or broker with a view to securing the contract.
(ix) In case where irrevocable Letter of Credit have been received in respect of any
contract signed by the Principal/Owner with the Bidder (s)/ contractor (s) , the same
shall not be opened.
(x) Forfeiture of Performance Bond/ Guarantee in case of a decision by the
Principal/Owner to forfeit the same without assigning any reason for imposing
sanction for violation of this Pact.
6.2 The Principal/ Owner will be entitled to take all or any of the actions
mentioned at Para 6.1 (i) to (x) of this Pact also on the Commission by the Bidder (s)/
contractor (s) or any one employed by it or acting on its behalf (whether with or
without the knowledge of the Bidder (s)/ contractor (s), of an offence as defined in
Chapter IX of the Indian Penal code, 1860 or Prevention of Corruption Act, 1988 or
any other stature enacted for prevention of corruption.
6.3 The Decision of the Principal/Owner to the effect that a breach
of the provisions of this Pact has been committed by the Bidder (s)/ contractor (s)
shall be final and conclusive on the Bidder (s)/ contractor (s).
However, the Bidder(s)/ contractor(s) can approach
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the Independent Monitor (s) appointed for the purposes of this Pact.
IEMs shall examine the transgression and its severity and submit the report to
Chairman, NDMC for further action after providing an opportunity and hearing
to the affected parties.
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This pact is subject to Indian Law. The place of performance and jurisdiction is the
seat of the Principal/Owner.
The action stipulated in this Integrity Pact is without prejudice to any other legal
action that may follow in accordance with the provisions of the extant law in force
relating to any civil or criminal proceedings.
Validity
12.1 The validity of this Integrity Pact shall be from date of its signing and extend
up to 12 months beyond the defects liability period of the counteracts. In
case Bidder (s)/ contractor (s) is unsuccessful, this Integrity Pact shall
expire after six months from the date of the signing of the contract by the
successful bidder.
12.2 Should one or several provisions of this Pact turn out to be invalid, the
remainder of this Pact shall remain valid. In this case, the parties will
strive to come to an agreement to their original intention.
13. The Parties hereby sign this Integrity Pact at _________ on__________ .
Principal/Owner
Bidders (s)/ Contractor (s)
Chief Executive Officer
1. ___________________ 1. _________________
___________________ 2. _______________
*Provisions of these clauses would need to be amended/ deleted in line with the policy of
the principal/ Owner in regard to involvement of Indian agents of foreign Contractors.
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CONDITIONS OF CONTRACT
Definitions:
1. The ‘contract’ means the documents forming the tender and the acceptance thereof
and the formal agreement executed between the NDMC and the Contractor together
with documents referred to therein by the Contractor and instructions issued from time
to time by the MOH and all these documents taken together shall be deemed to form
one contract and shall be complementary to one another.
2. In the contract the following expression shall, unless the context otherwise requires,
have the meanings hereby respectively assigned to them.
The ‘Contractor’ shall mean the individual or firm or company whether incorporated or not,
undertaking the “Control of monkey menace in NDMC area. SH: Engaging of 25 persons
for scaring & repelling Monkeys” and shall include the personal representatives of such
individuals of the persons composing such firm or company or the successors of such firm or
company and the permitted assignees of such individuals or firm or company.
a. The Director-in-charge means the MOH who shall supervise and be in-charge of the
work of materials.
b. NDMC means the “New Delhi Municipal Council”.
CLAUSES OF CONTRACT
Clause 1: The person(s) whose tender may be accepted (hereinafter called the
Contractor) shall permit the NDMC at the time of making any payment to him
for the work done under the contract, to deduct such sum at the rate of 5% of
the gross value of the work done.
Such deductions will be held by the NDMC by way of security deposit provided always
that the NDMC for this purpose shall be entitled to recover from the bills at the rate mentioned
above including earnest money till the balance amount of security deposit is realized. The
security deposit shall be collected from the bills of the Contractor at the rate mentioned above
and the earnest money if deposit at the time of tenders will be treated as part of security
deposit.
All compensation or the other sums of money payable by the Contractor under the
terms of this contract may be deducted from, or adjusted from the security deposit or from any
sums which may be due or may become due to the Contractor, by the NDMC on any account
whatsoever and in the event of his security deposit being reduced by reason of any such
deductions, the Contractor shall within 10 days make good in cash or Guarantee bonds in
favour of the Secretary, NDMC executed by the State Bank of India. The payment of the
security amount deducted from all the bills will be released after 6 months on recording of
successful completion of work and after labour clearance from Labour Officer.
Clause 2: The time allowed for completion of work is essence of the contract. The
Contractor shall in according with the directions of the MOH/MS(VH) failing
which recovery will be made from the Contractor as agreed liquidated
damages, and not by way of penalty, a sum as proposed by the MOH/MS
(VH), for which the Contractor fails to do the work to the entire satisfaction of
the authorities or thereof. The liquidated damages, in any case, will not
exceed 5% of the contract price of the work.
Clause 3: The Contractor shall not claim to any payment or compensation whatsoever
on account of any profit or advantage which he might have derived
in consequence of the full execution of the contract
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but which he did not obtain owing to its premature terminations, or for any
loss which he might have sustained on this account.
Clause 4: Payment due to the Contractor may, if so desired by him, be made to his
bank instead of the direct to him provided that the Contractor furnishes to the
MOH(1) an authorization in the form of legally valid documents such as a
power-of-attorney conferring authority on the bank to receive payment and (2)
his own acceptance of the correctness of the account made out as being due
to him by the NDMC or his signature on the bill or other claim preferred
against the NDMC before settlement by the MOH can make the payment to
the bank. While the receipt given by such bank shall constitute a full and
sufficient discharge for the payment, the Contractor should wherever
possible, present his bills duly receipted and discharged through his bankers.
Nothing herein contained shall operate to create in favour of the bank any rights or
equities vis-à-vis the NDMC.
Clause 5: Contractor will not sub-let this contract, if he committed a breach of this
clause of contract and MOH shall have power to forfeit his security deposit
and to terminate his agreement and Contractor shall have no claim for any
compensation for any loss that may accrue from the engagements entered
into whatsoever.
Clause 6: Without prejudice to any of the right or remedies under this contract if the
Contractor dies, the MOH on behalf of the NDMC shall have the option of
terminating the contract without compensation to the Contractor.
(i) Whenever any claim or claims for payment of a sum of money out of or
under the contract against the Contractor, the MOH or the NDMC shall
be entitled to withhold and also have a lien to retain such sum or sums in
whole or in part from the security, if any deposited by the Contractor and
for the purpose aforesaid, the MOH or the NDMC shall be entitled to
withhold the security deposit, if any, furnished, as the case may be, and
also have a lien over the same pending finalization or adjudication of
any such sum. In the event of the security being insufficient to cover
the claimed amount or amounts or if no security has been taken from
the Contractor, the MOH or the NDMC shall be entitled to withhold and
have a lien to retain to the extent of such claimed amount or amounts
referred to above, from any sum or sums found payable or which at any
time thereafter may become payable to the Contractor under the same
contract or any other contract with the MOH or the NDMC or any
working person through the MOH pending finalization or adjudication of
any such claim.
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in part from any sum found payable to any partner/limited company
as the case may be whether in his individual capacity or otherwise.
Clause 9: The Contractor shall fully indemnify the NDMC against any action/claim or
loss incurred by NDMC or proceeding relating to infringement or use of
any patent or designs or any alleged patent or right and shall pay any
royalties which may be payable in respect of any article or part thereof
included in the contract. In the event of any claims made under or action
brought against the NDMC in respect of any such matters as aforesaid,
the Contractor shall be liable to pay such amount to settle any dispute or
to conduct any litigation that may arise there- from.
Clause 10: The Contractor shall abide by all the terms and conditions of the contract
of work. In case the tender is accepted and tenderer refuses or is not
willing to execute the order or commits breach of any term and condition
of the tender or that of the agreement, the Council may not only forfeit a
part or whole of the security deposit/earnest money but shall have the
option to have the work from another Contractor at the risk & cost of the
original tenderer and recover the difference in tendered amount and that
payable to the later agency. NDMC shall be at liberty to terminate the
contract without any notice to him and the Contractor/tenderer shall have
no claim for compensation for any loss that he may incur on this account.
Clause 11: All disputes will be settled in the jurisdiction of Delhi only.
The contractor shall obtain a valid licence under the Contract Labour
(R&A) Act, 1970, and the contract Labour (Regulation and A b o l i t i o n )
Central Rules, 1971, before the commencement of the work, and
continue to have a valid license until the completion of the work.
The contractor shall also comply with provisions of the Inter-State Migrant
Workmen (Regulation of Employment and Conditions of Service) Act,
1979.
The Contractor shall also abide by the provisions of the Child Labour
(Prohibition and Regulation) Act, 1986.
Any failure to fulfil these requirements shall attract the penal provisions
of this contract arising out of the resultant non-execution of the work.
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CLAUSE 12A
CLAUSE 12 B
Payment of wages:-
(i) The contractor shall pay to labour employed by him directly wages
not less than fair wages as defined in the Minimum Wages Act or
Contractor’s Labour Regulations or as per the provisions of the
Contract Labour (Regulation and Abolition) Act, 1970 and the contract
Labour (Regulation and Abolition) Central Rules,1971, wherever
applicable.
(ii) The contractor shall, notwithstanding the provisions of any contract to
the contrary, cause to be paid fair wage to labour indirectly engaged
on the work, including any labour engaged by his sub-contractors in
connection with the said work, as if the labour had been immediately
employed by him.
(iii) In respect of all labour directly or indirectly employed in the works for
performance of the contractor’s part of this contract, the contractor shall
comply with or cause to be complied with the Contractor’s Labour
Regulations made by Government from time to time in regard to
payment of wages, wage period, deductions from wages recovery of
wages not paid and deductions unauthorized made, maintenance of
wage books or wage slips, publication of scale of wages and other
terms of employment, inspection and submission of periodical returns
and all other matters of the like nature or as per the provisions of
the Contract Labour (Regulation and Abolition) Act,1970, and the
Contract Labour (Regulation and Abolition) Central Rules, 1971,
wherever applicable.
(iv) (a) The MOH/MS(VH) concerned shall have the right to deduct from the
moneys due to the contractor any sum required or estimated to be
required for making good the loss conditions of the contract for the
benefit of the workers, non-payment of wages or of deductions made
from his or their wages which are not justified by their terms of the
contract or non-observance of the Regulations.
(b) Under the provision of Minimum Wages (Central) Rules, 1950, the
contractor is bound to allow to the labours directly or indirectly
employed in the works one day rest for 6 days continuous work and
pay wages at the same rate as for duty. In the event of default, the
MOH shall have the right to deduct the sum or sums not paid on
account of wages for weekly holidays to any labours and pay the same
to the persons entitled thereto from any money due to the contractor
by the MOH concerned.
(v) The contractor shall comply with the provisions of the Payment of
Wages Act, 1936, Minimum Wages Act, 1948, Employees Liability
Act, 1938, Workmen’s Compensation Act, 1923, Industrial
Disputes Act, 1947, Maternity Benefits Act, 1961, and
the Contractor’s Labour (Regulation and Abolition) Act 1970,
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or the modifications thereof or any other laws relating thereto and the
rules made there under from time to time.
(vi) The contractor shall indemnify and keep indemnified NDMC against
payments to be made under and for the observance of the laws
aforesaid and the Contractor’s Labour Regulations without prejudice
to his right to claim indemnity from his sub-contractors.
(vii) The laws aforesaid shall be deemed to be a part of this contract and any
breach thereof shall be deemed to be a breach of this contract.
(viii) Whatever is the minimum wage for the time being, or if the wage
payable is higher than such wage, such wage shall be paid by the
contractor to the workmen directly without the intervention of Supervisor
and that supervisor shall not be entitled to deduct or recover any
amount from the minimum wage payable to the workmen as and
by way of commission or otherwise.
(ix) The contractor shall ensure that no amount by way of commission or
otherwise is deducted or recovered by the Supervisor from the wage of
workmen.
CLAUSE 12C
In respect of all labour directly or indirectly employed in the work for the
performance of the contractor’s part of this contract, the contractor
shall at his own expense arrange for the safety provisions as per
NDMC Safety Code framed from time to time and shall at his own
expense provide for all facilities in connection therewith. In case the
contractor fails to make arrangement and provide necessary facilities as
aforesaid, he shall be liable to pay a penalty of Rs.200/- for each
default and in addition, the MOH shall be at liberty to make
arrangement and provide facilities as aforesaid and recover the costs
incurred in that behalf from the contractor.
CLAUSE 12 D
The contractor shall submit along with the bill every month, to the MOH,
a true statement showing in respect of the second half of the preceding
month and the first half of the current month respectively:
Failing which the contractor shall be liable to pay to NDMC, a sum not
exceeding Rs.200/- for each default or materially incorrect statement.
The decision of the MOH shall be final in deducting from any bill due to
the contractor; the amount levied as fine and be binding on the
contractor.
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CLAUSE 12 E
1. Leave:-
2. Pay:-
(i) in the case of delivery - leave pay during maternity leave will be at the
rate of the women’s average daily earnings, calculated on total wages
earned on the days when full time work was done during a period of
three months immediately preceding the date on which she gives notice
that she expects to be confined or at the rate of Rupee one only a
day whichever is greater.
(ii) In the case of miscarriage - leave pay at the rate of average daily
earning calculated on the total wages earned on the days when full time
work was done during a period of three months immediately preceding
the date of such miscarriage.
Clause 12 F
The ESI and EPF contributions on the part of employer in respect of the contract
shall be paid by the contractor. These contributions on the part of the employer
paid by the contractor shall be reimbursed by the MOH to the contractor on actual
basis.
CLAUSE 13
The contractor shall comply with all the provisions of the Minimum Wages Act,
1948, and Contract Labour (Regulation and Abolition) Act, 1970, amended from
time to time and rules framed there under and other labour laws affecting
contract labour that may be brought into force from time to time.
CLAUSE 14
(i) Sales Tax/VAT (except Service Tax), or any other tax in respect of this
contract shall be payable by the contractor and N D M C shall not
entertain any claim whatsoever in this respect. However, in respect of service
tax, the same shall be paid by the contractor to the concerned
department on demand and it will be reimbursed to him
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by the MOH after satisfying that it has been actually and genuinely paid by the
contractor.
CLAUSE 15
(i) All tendered rates shall be inclusive of all taxes and levies (except Service Tax)
payable under respective statutes. However, if any further tax or levy or
cess is imposed by Statute, after the last stipulated date for the receipt of
tender including extensions if any and the contractor thereupon necessarily
and properly pays such taxes/levies/cess, the contractor shall be
reimbursed the amount so paid, provided such payments, if any, is not, in
the opinion of the MOH (whose decision shall be final and binding on the
contractor).
(ii) The contractor shall, within a period of 30 days of the imposition of any such
further tax or levy or cess, give a written notice thereof to the MOH that
the same is given pursuant to this condition, together with all necessary
information relating thereto.
CLAUSE 16
Without prejudice to any of the rights or remedies under this contract, if the
contractor dies, the MOH on behalf of the NDMC shall have the option of
terminating the contract without compensation to the contractor.
Security Deposit of the work shall not be refunded till the contractor produces a
clearance certificate from the Labour Officer. As soon as the work is virtually
complete the contractor shall apply for the clearance certificate to the Labour
Officer under intimation to the MOH. The MOH, on receipt of the said
communication, shall write to the Labour Officer to intimate if any
complaint is pending against the contractor in respect of the work. If no
complaint is pending, on record till after 3 months after completion of the work
and/or no communication is received from the Labour Officer to this effect till six
months after the date of completion, it will be deemed to have received the
clearance certificate and the Security Deposit will be released if otherwise due.
1. SHORT TITLE
2. DEFINITIONS
i) Workman means any person employed by N.D.M.C or its contractor directly
or indirectly through a subcontractor with or without the
knowledge of the New Delhi Municipal Council to do any skilled,
semiskilled or unskilled manual, supervisory, technical or clerical work for
hire or reward, whether the terms of employment are expressed or
implied but does not include any person:-
ii) Fair Wages means wages whether for time or piece work fixed and
notified under the provisions of the Minimum Wages Act from time to
time.
iii) Contractors shall include every person who undertakes to produce a
given result other than a mere supply of goods or articles of
manufacture through contract labour or who supplies contract labour for
any work and includes a subcontractor.
iv) Wages shall have the same meaning as defined in the Payment of Wages
Act.
3. i) Normally working hours of an adult employee should not exceed 9
hours a day. The working day shall be so arranged that inclusive of
interval for rest, if any, it shall not spread over more than 12 hours on
any day.
ii) When an adult worker is made to work for more than 9 hours on any day
or for more than 48 hours in any week, he shall be paid over time for the
extra hours put in by him at double the ordinary rate of wages.
(iii) a) Every worker shall be given a weekly holiday normally on a
Sunday, in accordance with the provisions of the Minimum Wages
(Central) Rules 1960 as amended from time to time irrespective of
whether such worker is governed by the Minimum Wages Act or not.
b) Where the minimum wages prescribed by the Government under the
Minimum Wages Act are not inclusive of the wages for the weekly day
of rest, the worker shall be entitled rest day wages at the rate
applicable to the next preceding day, provided he has worked under
contractor for a continuous period of not less than 6 days.
c) Where a contractor is permitted by the M O H to allow a worker to
work on a normal weekly holiday, he shall grant a substituted holiday to
him for the whole day on one of the five days immediately before or
after the normal weekly holiday and pay wages to such worker for the
work performed on the normal weekly holiday at overtime rate.
The contractor shall before he commences his work on contract, display and
correctly maintain and continue to display and correctly maintain in a clear and
legible condition in conspicuous places on the work, notices in English and in
the local Indian languages spoken by the majority of the workers giving the
minimum rates of wages fixed under Minimum Wages Act, the actual wages
being paid, the hours of work for which such wage are earned, wages periods,
dates of payments of wages and other relevant information as per Appendix ‘III’.
5. PAYMENT OF WAGES
i) The contractor shall fix wage periods in respect of which wages shall be
payable.
ii) No wage period shall exceed one month.
iii) The wages of every person employed as contract labour in an
iv) establishment or by a Contractor where less than one thousand such
persons are employed shall be paid before the expiry of seventh day
and in other cases before the expiry of tenth day after the last day of the
wage period in respect of which the wages are payable.
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v) Where the employment of any worker is terminated by or on behalf of
the contractor the wages earned by him shall be paid before the expiry
of the second working day from the date on which his employment is
terminated.
vi) All payment of wages shall be made on a working day at the work
premises and during the working time and on a date notified in
advance and in case the work is completed before the expiry of the
wage period, final payment shall be made within 48 hours of the last
working day.
vii) Wages due to every worker shall be paid to him direct by contractor
through Bank or ECS or online transfer to his bank account.
viii) All wages shall be paid through Bank or ECS or online transfer.
ix) Wages shall be paid without any deductions of any kind except those
specified by the Central Government by general or special order in this
behalf or permissible under the Payment of Wages Act 1956.
x) A notice showing the wages period and the place and time of
disbursement of wages shall be displayed at the place of work and a
copy sent by the contractor to the M O H under acknowledgment.
xi) It shall be the duty of the contractor to ensure the disbursement of
wages through bank account of labour.
xii) The contractor shall obtain from the MS(VH) or any other authorized
representative of the M O H as the case may be, a certificate under his
signature at the end of the entries in the “Register of Wages” or the
“Wage-cum-Muster Roll” as the case may be in the following form:-
“Certified that the amount shown in column No ...............has been paid
to the workman concerned through bank account of labour
on………………at……….
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period under reference.
(v) The contractor shall complete the wage slip portion on the reverse of the
card at least a day prior to the disbursement of wages in respect of the
wage period under reference.
(vi) The contractor shall mention on the ________ worker on the wage slip
at the time of disbursement of wages and retain the card with himself
9. EMPLOYMENT CARD
(i) The MOH shall arrange payments to the labour concerned within 45
days from the receipt of the report from the Labour Officer or the
Secretary, NDMC as the case may be.
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14. APPEAL AGAINST THE DECISION OF LABOUR OFFICER
The contractor shall allow inspection of all the prescribed labour records to any
of his workers or to his agent at a convenient time and place after due notice
is received or to the Labour Officer or any other person, authorized by the
Central Government/NDMC/Delhi Government on his behalf.
The contractor shall submit periodical returns as may be specified from time to
time.
18. AMENDMENTS
The Central Government/ NDMC/ Delhi Govt. may from time to time add
to or amend the regulations and on any question as to the
application/Interpretation or effect of those regulations the decision of
the Secretary, NDMC concerned shall be final.
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Appendix-I
PROFORMA OF REGISTER
Date of delivery/
miscarriage In case of delivery In case of miscarriage
Commenced Ended Commenced Ended
6 7 8 9 10
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Appendix ‘II’
*****
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Appendix ‘III’
Labour Board
Sl. No. Category Minimum wage fixed Actual wage Number Remarks
paid resent
1 2 3 4 5 6
Weekly holiday..………………………………………
*******
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Appendix – ‘IV’
Sr. Name & Age and sex Father’s/Husband Nature of Permanent home
No surname of Name employment/ address of the workman
workmen designation (Village & The Tahsil,
Taluk & District
1 2 3 4 5 6
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Appendix-V
name
1 2 3 4 6
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
APPENDIX -VI
FORM XVII (See Rule 78 (2)(a)
REGISTER OF WAGES
Sl. No. Name of Sl. No. in the Designation/nature No. of days Units of Daily rate
workman register of of work done worked work done of
workman wages/pie
ce rates
1 2 3 4 5 6 7
8 9 10 11 12 13 14 15 16
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
Appendix-VII
WAGE CARD
Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Morning
Evening
initials
Date 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
Morning
Evening
initials
The wage card is valid for one month from the date of issue
Signature
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
Appendix ‘VII’
Form-XIX
[See rule 78 (2) (b)]
Wages Slip
******
Appendix ‘VIII’
Signature of Contractor
********
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
Appendix – ‘IX’
From To
1 2 3 4 5 6
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
Appendix ‘X’
6. Habitual negligence.
7. Smoking near or around the area where combustible or other materials are locked.
8. Habitual indiscipline.
12. Giving of false information regarding name, age father’s name, etc.
17. Collection or canvassing for the collection of any money within the premises of an
establishment unless authorized by the employer.
18. Holding meeting inside the premises without previous sanction of the employers.
19. Threatening or intimidating any workman or employer during the working hours
within the premises.
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
APPENDIX – ‘XI’
1 2 3 4 5 6 7
Name of person in whose Wage period and Amount of fine Date on which fine Remarks
presence employee’s wages payable imposed realized
explanation was heard
8 9 10 11 12
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
APPENDIX – ‘XII’
FORM XX (See Rule 78(2) (d)
REGISTER OF DEDUCTION FOR DAMAGE OR LOSS
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
APPENDIX – XIII
Sl. No. Name of Father’s/Husband Designation/ nature of Wage period Date and
workman Name employment and wages amount of
payable advance
given
1 2 3 4 5 6
Purpose (s) for which No. of instalments Date & Amount of Date on which last Remarks
advance made by which advance each instalment instalment was repaid
is to be repaid repaid
7 8 9 10 11
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
APPENDIX – XIV
Total overtime Normal rate of Overtime rate of Overtime earnings Rate at which Remarks
worked or wages wages overtime
production in wages paid
case of piece
rated
7 8 9 10 11 12
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
APPENDIX XV
Dear Sir,
1. Name of applicant
2. Whether applicant is Individual/Prop. Firm/Partnership Firm/Ltd. Co.
3. Full address of the applicant
4. Name of the work and contract number in which arbitration sought
5. Name of the Division which entered into contract
6. Contract amount in the work
7. Date of contract
8. Date of contract Date of initiation of work
9. Stipulated date of completion of work
10. Actual date of completion of work (if completed)
11. Total number of claims made
12. Total amount claimed
13. Date of intimation of final bill (if work is completed)
14. Date of payment of final bill (if work is completed)
15. Amount of final bill (if work is completed)
16. Date of request made to SE for decision
17. Date of receipt of SE’s decision
18. Date of appeal to you
19. Date of receipt of your decision.
I/We certify that the information given above is true to the best of my/our
knowledge. I/We enclose following documents.
Yours faithfully,
(Signature)
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
3. I, the said bank further undertake to pay the NDMC any money so
demanded notwithstanding any dispute or disputes raised by the
contractor(s) in any suit or proceeding pending before any court or Tribunal
relating thereto, our liability under this present being absolute and unequivocal.
The payment so made by us under this bond shall be a valid discharge
of our liability for payment there under and the Contractor(s) shall have no
claim against us for making such payment.
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
SEALED with the Common Seal of the said Bank this ................. day of ........... 20... .
THE CONDITIONS of this obligation are:
(1) If after tender opening the Contractor withdraws, his tender during the period of
validity of tender (including extended validity of tender) specified in the Form of
Tender;
(2) If the contractor having been notified of the acceptance of his tender by
the MOH:
(a) fails or refuses to execute the Form of Agreement in accordance with the
Instructions to contractor, if required; OR
(b) fails or refuses to furnish the Performance Guarantee, in accordance with the
provisions of tender document and Instructions to contractor, OR
(c) fails or refuses to start the work, in accordance with the provisions of the
contract and Instructions to contractor, OR
(d) fails or refuses to submit fresh Bank Guarantee of an equal amount of this Bank
Guarantee, against Security Deposit after award of contract.
We undertake to pay to the Secretary NDMC either up to the above amount or part
thereof upon receipt of first written demand, without the NDMC having to substantiates
its demand, provided that in his demand the NDMC will note that the amount claimed
by NDMC is due to him owing to the occurrence of one or any of the above conditions,
specifying the occurred condition or conditions.
This Guarantee will remain in force up to and including the date* ............. after the
deadline for submission of tender as such deadline is stated in the Instructions to
contractor or as it may be extended by the NDMC, notice of which extension(s) to the
Bank is hereby waived. Any demand in respect of this Guarantee should reach the
Bank not later than the above date.
DATE.............
WITNESS..................
SEAL
(SIGNATURE, NAME AND ADDRESS)
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
I/We have gone through the contents of the form carefully. The information supplied
by me/us is/are true to the best of my/ our knowledge and belief and nothing has been
concealed therefrom and I/We shall abide by the terms and conditions of the tender.
Date:-
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
DECLARATION
1. I hereby offer to work, detailed in the schedule hereto at the price given in the said
schedule. It is confirmed that no charges other than the price indicated in the said
schedule would be payable to me/us.
2. I have thoroughly examined and understood the terms and conditions of the contract
together with their annexure and schedule and hereby agree to abide by them.
3. I/We have thoroughly examined and understood the conditions of the NIT etc. and
am/are fully aware of the nature of the goods required and my/our offer is to work
strictly in accordance with the requirement under the terms & conditions detailed in
the tender documents.
4. I agree to hold the offer open and inclusive of 90 days and shall be bound by the
communication of acceptance dispatched within this time. I/We further undertake that
this offer shall not be retracted or withdrawn by me/us after opening of the tender.
5. Bank Draft/Banker’s Cheque No.___________dated_________in favour of the
Secretary, NDMC for Rs.______________drawn on________________is enclosed
on account of Earnest Money.
6. The papers containing terms& conditions of the tender have been added to form a
part of this tender.
7. I hereby declare that I/We shall treat the tender documents and other records
connected with the supplies as secret/confidential documents and shall not
communicate information delivered there from to any person other than a person to
whom I/We have authorized to communicate the same or use the information in any
manner prejudicial to the safety of the State.
8. I agree that should I/We fail to commence the work specified in the above
memorandum, an amount equal to the amount of the earnest money mentioned in the
form of invitation to tender shall be absolutely forfeited by the NDMC and the same
may at the option of the NDMC be recovered without prejudice to any other right or
remedy available in law out of the deposit in so far as the same may be extended in
terms of the said bond and in the event of deficiency, out of any other money due to
me/us under this contract or otherwise.
(Signature of the tenderer and status, state the capacity in which the signatory is
signing)
___________________________
___________________________
___________________________
Place:__________________
Date:__________________
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
MEMORANDUM
Name of the work : Engaging of 25 persons for scaring & repelling Monkeys (by
mimic the sound of langoor).
I/We agree to keep the tender open for ninety days from the due date of submission thereof
and not to make any modification in its term and conditions.
A sum of Rs.1,96,716/-is hereby forwarded in the form of NDMC receipted treasury
Challan/demand draft/deposit-at-call receipt of State Bank of India/Scheduled Bank in
favour of Secretary, NDMC as earnest money.
If I/We fail to furnish the prescribed performance guarantee within prescribed period. I/We
agree that the NDMC shall without prejudice to any other right or remedy, be at Liberty to
forfeit the said earnest money absolutely.
I/We fail to commence the work as specified I/We agree that the NDMC shall without
prejudice to any other right or remedy available in law be at liberty to forfeit the said earnest
money and the performance guarantee absolutely otherwise, said earnest money shall be
retained by them towards security deposit.
I/We hereby declare that I/We shall treat the tender documents, drawings and other records
connected with the work as secret/confidential documents and shall not communicate
information derived therefore to any person other than a person to whom I/We/am/are
authorized to communicate the same or use the information in any manner prejudicial to the
safety of the state.
Witness:
Address
Address:
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Public Health Department
NEW DELHI MUNICIPAL COUNCIL BID DOCUMENT
S. Item Description Unit Basic wages Relieving Cost No. of Total Service Service Amount Service Total Total Total
No. including EPF@ Charges per Person amount Charges/ Charge in Rs. Tax per per Amount
13.61% and ESI @16.75% person Contractor in Rs. @14% month year for 2
@4.755% of Profit @15% year
Minimum Wages Percent
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Engaging of 25
persons for scaring
& repelling Monkeys
(by mimic the sound
of langoor).
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Public Health Department