SPECIAL TERMS AND CONDITIONS
FOR OPERATION AND MAINTENANCE OF LIFTS (ELEVATORS)

1. Preamble
A. All Operation and Maintenance of Lifts (Elevators)Service contracts placed through GeM shall be governed by the following set of Terms and Conditions:
I. General terms and conditions for Goods and Services.
II. Service STC contained in this document
III. BID / Reverse Auction specific ATC
B. The above terms and conditions are in reverse order of precedence i.e. ATC shall supersede Service specific STC which shall supersede GTC, whenever there are any conflicting provisions. 
C. This document represents the Special Terms and Conditions (STC) and the Service Level Agreement (SLA) governing the contract between the Buyer and Service Provider. The purpose of this document is to outline the scope of work, Stakeholder’s obligation and terms and conditions of all services covered as mutually understood by the stakeholders.

2. Objectives and Goal
The objective of this document is to ensure that all the special terms and conditions are in place to ensure consistent delivery of services to the buyer by the service provider. The goal of this document is to:
⦁ Provide clear reference to service ownership, accountability, roles and responsibilities of both parties.
⦁ Present a clear, concise and measurable description of services offered to the buyer.
⦁ Establish terms and conditions for all the involved stakeholders, it also includes the actions to be taken in case of failure to comply with conditions specified.
⦁ To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons.
This document will act as a reference document that both the parties have understood the above-mentioned terms and conditions and have agreed to comply by the same. 

3. Stakeholders
The main stakeholders associated are:
a. Buyer: The buyer is responsible to provide clear instructions, approvals and timely payments for the services availed as per the contractual terms.
b. Service Provider: The service provider is responsible to provide all the required services in a timely manner and to the satisfaction of buyer or its authorized representative. The service provider may also include seller/supplier/bidder/contractor, any authorized agents, permitted assignees, successors and nominees as per the context and as described in the document.
The responsibilities and obligations of the stakeholders have been outlined in this document. The document also encompasses payment terms and penalties in case of non-adherence to the defined terms and conditions. 

4. Service Scope
4.1 Introduction
The Operation and Maintenance of Lifts (Elevators) is required by the buyers for smooth working and performance of the Lifts (Elevators). The work will comprise of regular maintenance/preventive maintenance of various components of Lifts (Elevators) as mentioned by the buyer in the bid documents.
The operations of Lifts (Elevators) will be as per the requirement of buyer and might be required round-the-clock. Regular checking of parameters is required for the smooth operation of the Lifts (Elevators). All measures should be taken to operate the Lifts (Elevators) satisfactorily.

4.2 Scope of Work
i. The scope of work includes operation (as applicable), servicing, repairing and maintenance of Lifts (Elevators). 
ii. Responsibility to maintain Lifts (Elevators)in a healthy state all the time, to plan and undertake preventive maintenance of Lifts (Elevators)at regular intervals and attend routine maintenance activity every day and other additional required duties mentioned in the bid.
iii. Includes Preventive maintenance, Breakdown Maintenance, Routine Monitoring and maintenance & Testing of the Lifts (Elevators)as per the standard checklist provided by the buyer and to be carried out as per the requirement decided by the buyer 
iv. Adherence to various obligations as mentioned under service provider obligations

5. Terms and Conditions
5.1 Buyer’s Obligations
i. The buyer shall nominate a Nodal Officer/Engineer in-Charge (EIC) from its organization to coordinate with the service provider to facilitate operation and maintenance of Lifts (Elevators).
ii. The buyer shall provide access and adequate space to the authorized personnel of the service provider to work in the specified area.
iii. If needed the complete layout of site/location/building of Lifts (Elevators)and also complete diagram shall be provided to the service provider.
iv. The items not included in scope of the service (i.e., to be provided by buyer), if any, shall be provided by the buyer in a timely manner for smooth running of O&M service.
v. The buyer must notify to the designated representative of the service provider, as soon as possible after the buyer becomes aware of them;
a. For any problems, complaints, incidents or accidents that occur during the contract including any form of inappropriate behaviour/ improper uniform by the personnel.
b. For any dishonest, wrongful or negligent acts or omissions of its personnel or agents in connection with the services 
vi. The buyer can issue instructions as may be necessary or appropriate for the prompt and effective implementation of the services to officials, agents and representatives, of the service provider

vii. Buyer must ensure that the service provider complies with the Rule 144(xi) of General Financial Rules (GFR), 2017 and the product supplied, if any, must also comply with Make In India guidelines of DPIIT.

5.2 Standard Service Provider Obligations
i. The service provider shall ensure that the level of service provided is of the highest professional standard and shall ensure full compliance to the terms and conditions of the contract.
ii. A complaint escalation matrix is to be provided by service provider.
iii. The service provider shall attend to emergency works in time. No extra payment will be made for working on odd hours for emergency works.
iv. The service provider will be required to submit a list of the manpower being deployed with photo ID, address proof, police verification certificate and educational qualifications before deputing the workers. The service provider shall be solely responsible for the credentials/ acts of his staff/workers.
v. The service provider shall provide at his own cost proper uniform and badges and photo identity cards to the manpower deployed.
vi. In an event that, for any reason, the manpower provided changes their contact number during the tenure of the contract then the service provider will immediately notify the buyer of the above change.
vii. The persons deployed by the service provider shall solely be the responsibility of the service provider and buyers shall have no obligation for any sort of claims raised by the service provider’s employees/personnel. For all intents and purposes, the service provider shall be the “Employer” within the meaning of different Labour Legislations in respect of manpower so employed and deployed in the buyer’s premises and shall be responsible to fulfil all obligations under applicable laws without any recourse to the buyer. 
viii. The service provider shall be liable for ensuring compliance with the provisions of all applicable laws including but not limited to Labour Law [Central/State] and specially Workmen Compensation Act, EPF Laws, ESI Laws, Income tax laws and Minimum Wages Laws, Contract Labour (Regulations Abolition Act), Pollution Control Board and any other relevant acts as may become applicable during the tenure of the contract. The onus of compliance to all the applicable Laws/Acts/Rules shall rest with the service provider only and the buyer will not be liable for any non- compliance. 
ix. The service provider shall cover all its personnel under the relevant laws of EPF, Labour, ESI etc. Proof of the same should be submitted by the service provider.
x. The service provider shall be responsible for any type of statutory/mandatory claims or penalties in light of the default with reference to the above-mentioned Laws/Acts/ Rules.
xi. The service provider shall cover its personnel for personal accident and death whilst performing the duty and the Buyer shall own no liability and obligation in this regard.
xii. It is the sole responsibility of the service provider to disburse wages timely to all its deployed personnel and the buyer has no responsibility in this regard. 
xiii. The service provider shall submit a copy of wages sheet showing monthly wages paid to all its deployed personnel from time to time or as required by buyer.
xiv. The service provider shall produce to the buyer the details of payments of salary/ wages, statutory benefits like EPF, bonus, leave, relief etc. to its personnel from time to time or as required by buyer.
xv. Attendance of man power shall be entered in attendance register on regular basis. The same shall be made available for verification to the buyer/buyer’s authorized representative, as and when required.
xvi. Tax deduction/collection at source for the service provider shall be governed by the prevailing rules.
xvii. The service provider shall also provide at its own cost all benefits- statutory or otherwise, to all its deployed personnel and the buyer shall not have any liability whatsoever on this account.
a. The service provider shall deploy manpower who are above eighteen years of age and are not above 65 years of age.
b. If required by the buyer and wherever applicable, the service provider shall provide documentary proof for the qualifications and experience of the manpower deployed by them. The bio-data, qualification and experience of the said manpower should be certified by the service provider.
c. The personnel being deployed shall ordinarily be continued and should not be changed without written intimation and consultation with the buyer. In case the manpower deputed by the service provider is found not suitable, the service provider shall replace such manpower without any additional cost to the buyer, if directed by the buyer. The service provider shall not deploy or shall discontinue deploying such person(s). 
xviii. The service provider shall get the police verification done for all its deployed personnel at site
xix. The service provider shall ensure medical fitness of all its deployed personnel at site. 
xx. The service provider shall ensure adequate supervision to ensure correct performance of the services in accordance with the requirements agreed upon.
a. In an event that the service provider fails to deliver or fails to carry out tasks as per schedule due to the absence of personnel or any other reasons, the service provider at his own cost shall make an alternate arrangement by providing similar manpower for which agreement is entered into, without any extra charges. Failure to do so will evoke a penalty and the buyer shall have the right to recover damages as per the provisions of the contract.
b. The service provider shall be personally responsible for any theft, misconduct and /or disobedience on the part of personnel deployed by them.
xxi. Duty hours of workman/supervisor for the job will be same as followed under the Industrial Act and as per instructions of the buyer. However, the Workmen/Supervisors can be called upon at any time and they have to work on holidays/rest days also, if necessary, based on the demand of work.
xxii. The service provider shall maintain registers and checklists for each activity and the work done by each of the personnel deployed and make available to the buyer/ buyer’s representative for verification and endorsement, if required.
xxiii. The service provider shall deploy adequate number of skilled, semi-skilled and unskilled workmen who are necessary for the proper and timely execution of the services. Excess manpower shall not be deployed without approval of the buyer.
xxiv. All safety accessories and measures as required for the execution of the work shall be provided to the workers by the service provider at their own cost.
xxv. The service provider would always keep adequate number of equipment (in working conditions) at the site which is needed to ensure smooth function of this contract covering the scope of work. 
xxvi. The service provider must provide required tools, equipment and safety gears based on applicable regulations/codes/guidelines.
xxvii. The service provider shall depute adequate manpower to ensure round-the-clock operation and preventive/minor break-down/routine repair & maintenance work/ service as per details specified in the scope of work.
xxviii. The service provider shall deploy the manpower as mentioned by the buyer in the contract.
xxix. The service provider shall submit a monthly report and a comprehensive report after each preventive maintenance to buyer/buyer’s authorized representative. The format of the report shall be jointly agreed upon at the start of contract between the buyer and the service provider.
xxx. Deployed man power should be capable of taking up any repair and maintenance work of his area of the system independently. The service provider’s supervisor shall ensure that his manpower is available at the site at all times. 
xxxi. In case any loss is incurred by the buyer owing to the negligence or mishandling by the deployed personnel of the service provider, the service provider shall be responsible to make good the losses suffered by the buyer, subject to GTC provisions on limitation.
xxxii. Any damages caused by the service provider in existing facilities while carrying out the work shall be made good by the service provider to buyer’s entire satisfaction at their own risk and cost.
xxxiii. The service provider shall, at all times, make and keep sufficient copies of the Drawings, Specifications etc. which are required by them to fulfil their duties under the contract.
xxxiv. The location for reporting shall be provided by the buyer to the service provider.
xxxv. In case of hazardous nature of work, the service provider should provide appropriate manpower that has past experience of undertaking hazardous/similar nature of work.
xxxvi. The service provider shall provide prior information to the buyer and obtain necessary approvals, for any hazardous material being brought to the site and service provider shall ensure safe and secure storage and usage of such material.
xxxvii. All electrical works will be done as per the latest Indian Electricity Act and other requirements of the contract.
xxxviii. The service provider must leave work areas in a clean, tidy and safe condition at the end of each working period.
xxxix. No work may be carried out near power cables unless all precautions have been taken to ensure the safety of the person below, and until permission is given by the buyer/authority in charge
xl. The service provider should ensure that their personnel do not consume alcohol / do not smoke / do not take khaini/ any type of drugs in the buyer’s premises, the violation will attract suitable penalty.
xli. The service provider must ensure that their personnel do not report for duty in inebriated state. Any violation will attract suitable penalty on the service provider
xlii. The service provider is advised to visit and examine the work site and its surroundings and obtain for themselves all information that may be necessary for preparing the bid. The site visit shall be at the service provider’s own expenses and the buyer shall not be responsible for any material/personnel loss of the service provider.
xliii. Facilities for Workmen 
a. The service provider shall make his own arrangements for the engagement of all workmen, local or otherwise, and for their transport, housing, feeding and payment.  
b. The service provider shall provide at the site adequate supply of drinking water, other water for use and other facilities to meet the statutory requirements. 
c. If any illness of an epidemic/pandemic nature breaks out, the service provider shall comply with and carry out whatever regulations, orders and requirements are imposed by the Government or the local medical or sanitary authorities for the purpose of promptly dealing with and overcoming it. 
d. The service provider shall, at all times, take all reasonable precautions to prevent any unlawful riotous or disorderly conduct by or amongst the persons deployed for the works at site and for the preservation of peace and the protection of persons and property in the neighbourhood of the work. 
e. The service provider shall ensure that the provisions of facilities for workmen clause are complied with by his sub-service providers/contractors as well.
f. The service provider shall provide and maintain at his own cost all lights, guards, fencing, warning signs and watching, wherever necessary or required by the buyer or by any authority for the protection of the Works or for safety and convenience to the public or others, and take all reasonable steps to protect the environment on and off the site and to avoid damage or nuisance to persons or to property of the public or others resulting from pollution, noise or other causes arising as a consequence of his methods or repair.
xliv. All spare parts or consumables to be supplied by the service provider, if applicable, shall be properly wrapped and packaged so that they are preserved in original as new condition under the normal conditions of storage anticipated at site. All such spare parts/consumables shall be properly tagged and coded for proper identification so as to facilitate its intended usage. They shall be packaged separately and clearly marked as Spare Parts/Consumables and brought to the site in accordance with instructions/approval from the buyer. Packing lists shall be maintained so that the parts can be handled without unpacking/uncrating.
xlv. The service provider shall clearly intimate, well in advance, any special storage/protection requirements for spare parts/consumables under their scope of supply  
xlvi. In case spare parts/consumables are to be provided by buyer, the Service Provider will maintain inventories and follow up with the buyer/authorized representative of the buyer, for regular supplies of such material. The service provider shall ensure that requests for spare parts/consumables are raised well in advance to ensure no downtime of machines and equipment’s due to non-availability of spare parts/consumables.
xlvii. In case spare parts/consumables are to be provided by the buyer, old and used spares/items shall be returned by the service provider to the buyer immediately after completion of job/work.
xlviii. If the spare parts/consumables issued by the buyer are found to be misused or wasted by the service provider, the service provider shall be liable to pay compensation as may be fixed by the buyer.
xlix. The service provider shall comply with all statutory requirements, including but not limited to those as specified above and shall keep the buyer harmless and indemnified for any action brought against it for any violation/non-compliance of any of the Acts, etc.
l. Insurance: The service provider shall take an insurance policy for all the employees employed by them against accidents and injuries while at work as required by the relevant rules and agreement clause. It shall be the obligation of the service provider to pay compensation, if any to his workmen as per Workmen's Compensation Act and any statutory modification and also in respect of any damage or compensation payable in consequence of any accident or injury sustained by the workmen or other persons whether in the employment of service provider or not, if caused by the action of negligence on the part of the service provider. The buyer will not share any responsibility or liability fully or partly on above. The decision of the buyer in regard to fixing the responsibility for the accident will be final and binding. All costs on such insurance shall be deemed inclusive in price bid.

5.3  Service-specific service provider obligations

i. The service provider shall maintain the Electrical Installations fittings, power outlets, switchboards, distribution boards etc. in good working condition.
ii. The service provider shall issue annual safety certificate through the lift health checkup and safety equipment
iii. The service provider shall arrange required clearances, licenses, renewal/sanctions etc. on behalf of the buyer from various government departments and agencies. However, any government fee will be borne by the buyer or otherwise as mentioned in the bid.
iv. The service provider shall undertake maintenance services at the frequency detailed in maintenance schedule and as per guideline of OEM maintenance manual. However, the buyer, as per its discretion can change the maintenance schedule as per their requirement. 
v. The service provider shall carry out comprehensive maintenance in conformity with CPWD specification for electrical work (Part – III Lifts & Escalators) 2003 with upto date amendment or any other notification issued/provided by the buyer.
vi. The service provider shall examine periodically all safety devices and governors and make all customary safety tests in the presence of engineer-in-charge or authorized representative of the buyer and the test report of the same shall be submitted by the service provider. The periodic limit should be safe enough to maintain the safety standards. Also, the buyer on its own or through the OEM of Lifts (Escalators) can conduct an annual no load safety test on the Lifts (Escalators) and its equipment. In case of any deficiency, the service provider shall promptly address the same. 

5.4 Safeguarding of proprietary and confidential information
i. The Service Provider shall not carry and/or transmit any material, information, application details, equipment or any other goods/material in physical or electronic form, which are proprietary to or owned by buyer, out of Buyer premises without prior written permission from Buyer.
ii. Service Provider acknowledges that buyer`s business data and other buyer`s proprietary information or materials, whether developed by buyer`s or being used by buyer pursuant to a license agreement with a third party (the foregoing collectively referred to herein as “proprietary information”) are confidential and proprietary to buyer; and Service Provider agrees to use reasonable care to safeguard the proprietary information and to prevent the unauthorized use or disclosure thereof, which care shall not be less than that used by Service Provider to protect its own proprietary information. 
iii. Ownership and retention of Documents: Buyer shall own the documents, prepared by or for the Service Provider arising out of or in connection with this contract. Forthwith upon expiry or earlier termination of this contract and at any other time on demand by buyer, the Service Provider shall deliver to buyer all documents provided by or originating from buyer and all documents produced by or from or for the Service Provider in the course of performing the Services, unless otherwise directed in writing by buyer at no additional cost. 

5.5 Independent Contractors
The relationship between Buyer and service provider under this agreement is that of principal to principal basis and neither party shall have the power or authority to bind or obligate the other party except as expressly set forth in this Agreement. Therefore, Service Provider nor the personnel of the Service Provider shall become the employee of the Buyer under this Agreement. The Buyer shall also not be liable to the service provider nor its personnel, beyond the scope and the fees as mentioned in the STC. For the sake of clarity it is stated that Buyer shall not be responsible for any claim such as salary or allowances, bonus, compensation, damages or anything arising out of their employment/duty under this STC. The Service Provider shall make them known about this position in writing before deploying the personnel to the Buyer site. The Buyer shall in no way be responsible for the violation of any laws from the time being in force, either by the Service Provider or its employees.

6. SLA Penalties and Termination

7. Payment Schedule
i. The Payment Procedure shall be as specified in the General Terms and Conditions of GeM and the Payment Schedule will be as defined by the buyer.
ii. The payment will be made to the service provider as defined by the buyer on submission of the bill by the service provider and after deducting penalty amount, if any.

8. Formulae Used
8.1 Total:-
Total Price = A*B*C
Where,
A = Price Quoted by the service provider (to be quoted by the service provider on per month basis)
B = Number of machines/equipment for which Operation and Maintenance Service is required (to be quoted by the buyer). This should be kept as 1 in case Operation and Maintenance Service is required for complete system.
C = Duration for which Operation and Maintenance Service is required (To be mentioned by the buyer in months)