HIMKASHTH SALE DIVISION ------TERMS AND CONDITIONS FOR TENDER REGARDING UNLOADING, SORTING,
STACKING AND RESTACKING OF TIMBER GOVT.
AND PRIVATE DURING THE FINANCIAL YEAR 2016-17 TO BE OPENED AT ---P.M. ON ------------- HSD ----------
The approximate volume of works to be handled and amount of security to be deposited
by the tenderers is given as under:Name of depot Estimated
volume
-----
-----------
Amount of EMD
Name of officer in whose
Favour the FDR/Demand draft to be
Pledged.
Rs. ------------------
Divisional Manager.
Himkashth Sale Depot
------If the variation between the schedule rates and the lowest tender rates is up to (-) 20 %
then the security amount will be @ 10 % of the contract value as determined
by the schedule of rates and for variation beyond (-) 20% of the schedule of rates security
amount will be @ 15% of the contract value of schedule of rates. If the variation between
schedule rate and tender rate is more than (-) 30% the tender will be straightway rejected. The
amount of EMD will be adjusted towards security amount payable by the successful Tenderer.
The lowest Tenderer shall have to deposit the security amount as calculated above at the time of
acceptance of tender, failing which the EMD will be forfeited. The security amount will be
released soon after the successful completion of work of contract or adjusted by the Divisional
Manager at the end of the contract. In case work is not found satisfactory or the Tenderer fails to
engage sufficient labour at the job, the security amount will be forfeited and allotment of work
will be cancelled.
For calculation of contract value, the rates of unloading, sorting, stacking and re-stacking
categories will only be taken into account.
1. Labour Supply Mates (LSM) registered with HPSFDC, as ----- class shall only be
eligible to tender for -------- HSD.
2
The above volume of work is only estimated and will depend on the supply of timber
from the field. No guarantee is given that this much work will be provided. In case
the work falls short or exceeds the estimated limit, the LSM will not be entitled for
any compensation.
3
4
The successful LSM will have to carryout and perform the work at the tendered rates
and have to furnish to the Divisional Manager security duly pledged as above in the
shape of FDR/DD for due observance and performance of labour work.
The LSM either personally or through his authorized agent duly approved by
Divisional Manager, -----shall ensure sufficient labourer and continued supervision of
the workmen employed by him and in the event of his failure to do so the Divisional
Manager, ------ after issuing seven days notice to this effect can impose penalty to the
extent of Rs. 500/- per day. If labour is not increased after notice and work is not
improved, the D.M. will get the work done at the risk and cost of successful Tenderer
and amount will be recovered from the pending bills/security. Successful LSM shall
be responsible and liable to pay damages on account of any loss caused due to
mishandling/rough-handling of timber in the depot.
5
The LSM shall have to furnish to the Divisional Manager, ----- a written statement
indicating names and full particulars of the agent/workmen whom he proposes to
employ and the Divisional Manager ----- shall be at liberty to for-bid the employment
of any agent/workmen or to order the removal during the progress of work of any
person whom he may consider undesirable.
6
All the work bills be prepared in accordance with the tendered rates approved
by the Competent Authority of H.P. State Forest Development Corporation Limited.
7
a)The lowest approved tender rates for Unloading, Sorting, Stacking and reStacking of timber will be applicable to the Corporation timber, timber of private
agents timber of court cases and seized timber and no extra amount will be charged
by the LSM in any case.
b) The rates shall be quoted for all types of works based on percentage
variation of schedule of rates given in the tender form. The percentage
variation shall be uniform i.e. only one percentage for all categories i.e.
unloading, sorting and stacking and re-stacking etc, and if separate
variation is quoted the tender will be rejected. This percentage variation
will be quoted up to one decimal place and all figures beyond one decimal
place will be ignored for all purposes.
c) The rates quoted by the Tenderer/LSM will be evaluated against limit/norms
fixed by the Management of HPSFDC. The power to change the limit
normal/below will rest with the Management of HPSFDC.
8
It shall be obligatory on the part of the successful Tenderer/ LSM to charge only the
loading rates from the purchasers which are mutually agreed to; after due
consultations with all the Timber Trader Association/Unions, if there is a dispute
between the LSM and the Timber Trader Association Union for the rates being
charged by the LSM for loading the rates will be decided by the Divisional Manager----- after consultation with the LSM and the Timber Trader Association/ Union. In
case of any instance of excess rates being charged by the LSM comes to the notice of
Divisional Manager of HSD, the Divisional Manager HSD can impose the penalty of
Rs 1000/- for each truck and also recover the excess amount so charged by the LSM.
9. If the rates are found within the prescribed limit and there is tie of the rates
among the lowest Tenderers then the tender will be finalized by negotiation among the
lowest Tenderers and if negotiation is not possible in that event the tenders shall be
finalized by Authorized Authority keeping in view the Capabilities/abilities of LSMs
who can execute the said work successfully.
10.Tender should be accompanied with a Bank draft as required above for
security. Tenders received without Bank draft for security deposit
incomplete and conditional shall be rejected straight way .
11. .The Divisional Manager of the depot reserves the right to accept or reject any and
or all the tenders without assigning any reason what so ever.
12( a)The Tenderer/LSM shall also be bound to obtaine license under the contract
Labour (Regulation and Abolition) Act ,1970 and HP Contract Labour (Regulation
and Abolition) Rules 1974,Inter State Migrant Workmen (Regulations of
Employment and conditions of service) Act, 1997 and comply with the same in latter
and spirit. The contractor(S)/LSM(S) and not the HP State Forest Development
Corporation Ltd. shall be liable to pay any Compensation to the labour employed by
him/ them under Workmen Compensation Act VIII of 1923 and the rules framed
there under and also agree / agrees to bear all liabilities as a result of implementation
of labour laws. The Contractor(S)/LSM(S) will be the Primary Employer for the
purpose of Workmen Compensation Act, 1923.
b) The Tenderer/ LSM should provide the list of Labourers and their addresses to the
Divisional Manager of HSD before allotment of work to him. In view of Judgment in
CWP No. 511/2011 titled Raj Kumar V/S H.P.State Forest Corporation and others.
The contractor(s) LSM (s) will enroll himself/themselves for an independent EPF No.
under the Employees Provident Fund Scheme within three months from the date of
allotment of work and will remit EPF of laborers and his/their share, to the EPF
authorities. He/they will be responsible to submit all returns regularly to the EPF
authorities and copy thereof to the office of Divisional Manager of HSD. It will be the
liability of the Contractor(S)/LSM(S) to clear all dues of the EPF. In case of failure to
remit the EPF dues in time, the Divisional Manager shall withheld the final payment
till the EPF dues are cleared including penalty if any imposed by the EPF Authorities
or can deposit the same after deduction from the bills of LSM. Before final payment
from the Divisional Manager HSD is claimed and realized, the second party shall
submit an affidavit to the effect that all the due payments of EPF pertaining to the
said works have been deposited by the contractors(S)/LSM(S) and he/they shall be
responsible for the liabilities if any worked out at a later stage by the EPF Authority.
13.
LSMs shall procure identity cards from the office of District Employment
Officer for all labour being deployed in the works or verification certificate
From Police in case of labour from outside the state.
14.
Tenderer having proven record of performance in the past will be given
Preference if other factors are same .
15.
The LSM have to ensure payment of minimum wages to labour admissible
under labour wages Act. In case any instance comes/is brought to the notice
of DM that minimum wages are not being paid the Divisional Manager can
get the wages disbursed and the amount to be disbursed/paid will be
recovered from the bill of the LSM.
16.
a) The disbursement of wages to contract labour shall be made by the LSM
in the presence of Forest Guard or in absence of Forest Guard any other
official so deployed by the Divisional Manager
b) The LSM/Contractor shall get all such labour deployed on works medically
checked either through health department or by private medical practitioner
and produce such document to the Divisional Manager or his authorized official
on demand.
17
The Labour Supply Mates should have PAN of Income Tax or should have made
application on 49 “A” if he be not having the same . The receipt copy of the same
along- with no dues certificate will be submitted to Divisional Manager as soon as
the work is allotted to him. In case of failure to produce the copy of PAN within one
month the contract will be terminated.
18.
The LSM will have to engage sufficient numbers of labourers who have got
the experience in identification of species of converted timber for sorting and
stacking purposes within 7 days from receipt of allotment orders.
19.
Smoking and kindling of fire in the depot premises is strictly prohibited.
In case LSM or his labours are found indulging in such activities he/they, will be
liable to pay the fine to the extent of Rs. 500/- for each infringement.
20.
In the event of any fire break out in the depot, the LSM along with his
Labourers shall have to help immediately the Corporation staff in firefighting
and saving the Corporation property from fire.
21.
The LSM will have to give preference to the local bonafide labourers of the
area. The labourers will be imported only, if adequate number of labourers
is not available in the vicinity of concerned depot. The labourers who have been
working in the HSD for the past several years and have proven record
shall have to be given due preference while engaging the labourers on work.
22.
The Contractor(S)/ LSM(S) shall not sublet any of the said works. On the
violation of this provision and terms and conditions the work contract will be
cancelled at the risk and cost of the LSM/ Contractor.
23.
All the trucks admitted in the depot by Divisional Manager or his staff for
unloading till 2 P.M. will have to be unloaded on the same day immediately and in
no case any truck should be kept for more than six hours for unloading. If at the end
of the day any truck admitted for unloading remains unloaded then a penalty of Rs.
1000/- per truck so remained unloaded will be recovered from the LSM. Similarly,
no trucks should be detained for more than 6 hours for loading and for delay in
loading beyond six hours penalty of Rs. 1000/- per truck will be imposed on the
LSM. The successful tenderers will have to ensure adequate labour for the same., If
the unloading and loading is not done within prescribed time limit, D.M. will get the
work done at the risk and cost of successful tenderers and the amount so spent will be
recovered from pending bills/security in addition to penalty of Rs.1000/-per truck as
determined by the D.M.
24.
No timber shall remain un stacked in the timber depot otherwise the concerned
Divisional Manager shall have the right to engage the labour and get the work
done at the stacking site at the risk and cost of the LSM. Sub standard work
will either be not paid or will be re-done at the directions of the Incharge of
the work at the risk and cost of LSM. LSM will have to do loading, unloading
and stacking of timber as per prescribed norms.
25.
The LSM shall be bound to engage required number of labourers within seven
days on receipt of the work order failing which the Divisional Manager shall
have the right to cancel the contract and forfeit the security amount without
assigning any reason and the work will be awarded to next lowest Tenderer at the
risk and cost of the LSM/ Contractor..
26.
The contract will be valid up to 31st of March ------- However, the Director
shall have the right to allow continuing the work at the same rates till the work is
awarded to the next LSM after due finalization of tenders for the next years.
27.
The Income tax if any chargeable under the provision of Income Tax Act will
be charged on payment made by the concerned Divisional Manager. However,
remittance of Service Tax or any other tax applicable shall be the responsibility of
the LSM.
28
a) Any labour retrenched/blacklisted during previous years will not be allowed
To be engaged by LSM during the term of the contract .
b) If any LSM fails to adhere to the condition as stipulated in the tender and
his performance is not satisfactory, on the recommendation of Assistant Manager, the
registering authority can blacklist the contractor and debar him from taking part in
future tenders.
29.
30.
31
In case LSM is found indulged in any un-authorized activities or is found
not adhering to the conditions as laid down above, the contract can be cancelled after
giving seven days notice by the Divisional Manager to LSM. The Divisional
Manager will be at liberty to get the work done thereafter at the risk and cost of LSM
and the amount so spent will be recoverable from the contractor from his pending
bills and security and in case of any shortfall, the amount will be recovered by the
due process of law.
The LSM in HSDs should not be allowed to
participate in auction in that HSD
That if the exigencies of work so required the work can be distributed at the sole
discretion of the concerned Divisional Manager.
32 (a)
That it should be obligatory on the part of successful tenders/LSMs to charge if
required rearrange to separate terms of sufficient labour for unloading and loading
works to ensure timely loading of sold timber and unloading of timber received in
HSDs.
32(b)
The damage to any Corporation property in depot such as telephone, electricity
wires, water supply piper was pillars, trees etc. caused due to wrong and faulty
loading shall\ be responsible.
33.
That the LSM/Contractors shall have to observe all thee provision of thee work
men compensation act and other labour law entered from time to time.
34.
So far as thee offer to work at practically no rates or rates more than 30% below the
upset price is concerned. It should be rejected and in such situation, if time permits
tendered be invited again otherwise work allotted on schedule of rates.
35.
The security deposited by the LSM will either be released soon after successful
completion of work or adjust by the D.M.at thee end of contact. Incase work is not
found satisfactory or he fails to engages sufficient skilled labour at the job the
crudity amount shall be forfeited and agreement deed terminated.
36.
After opening of tender ,if the rates received are not reasonable the negotiable
will be held with L-I.
37.
Any dispute, difference or question which may at any time arise between the
Parties in respect of the work to be executed by the contractors shall be referred for
arbitration to the Managing Director, H.P.State Forest Corporation Limited whose
decision shall be final and binding on both the parties.
38.
All disputes are subject to the ---------- jurisdiction with in HP.
TERMS AND CONDITIONS ANNOUNCED
Divisional Manager,
HSD
We have gone through above terms and conditions and have also heard conditions in
(Hindi and English) and accept these conditions.