1.    Preamble

• Additional responsibilities

 In addition to roles and responsibilities indicated above following shall also be part of responsibilities of security man power.

(i). To Provide Security services for protection of life,.  Security   against   theft, pilferage, fire   etc  for man and material in the premises .

(ii) Physical guarding of entry/exit points,   Responsible for frisking/checking of the visitors during office hours and    after ,   Screening /Directing of visitors .Visitor management  in common and during special occasions .Guiding visitors to the concerned officials/occupants, regulating entry . Control the access of persons/vehicles in to and out of the complex and regulating entry of unwanted visitors/sales  man  and  maintenance of visitor register.

(iii)  Checking of   gate  passes ,  allowing the entry and exit of material and regulating  the entry and exit of vehicles accordingly. Records of the inwards and outwards movement of men and material’s ,vehicles etc to be maintained with proper checking as per instructions given from time to time by the buyer organization.

(iv) Patrolling   and guarding various common areas and surroundings to ensure adequate safety and security. Preventing   entry of stray animals like cow, dogs etc.  Round  the clock patrolling of sites .Ensuring that boom   barriers and access control systems are monitored and are in operational condition.

(v) Assisting the occupants   during emergency evacuation of building .Effective involvement during the crisis management like accidents and bomb threats .Involve in frequent drills for preparation for emergencies. Handling of   disaster management in case of emergencies and disasters

(vi)    Rescue      operation of passengers if stranded in lifts, Help occupants in any accidents or medical emergencies.  Handling situation in case of fire

(vii) Liaison with appropriate agencies in case of disaster and emergencies and keep excellent liaison and contact with all such agencies

(viii) Lodging of Complaints/FIR  in case of any crime or violence and assist the police and other security agencies in their investigation in any related matter.

Any other responsibility in connection with   performance of   the roles specified though not specifically covered above shall also be considered as part of the responsibilities  of the  security man power .

4. Terms and Conditions

    4.1. Buyers obligations

(i) The Buyer Department will give basic training/familiarization of the Security services required to be done by the personnel to be deployed by the Service Provider under the   contract  for 2 to 3 days in premises and this period will not be counted as shift manned by Service Provider’s personnel for the purpose of payment under the contract.

(ii) Buyer organization shall provide necessary infrastructure, Equipments such as X ray baggage screening if such screening is  involved ,  furniture etc for the security personnel to carry out their functions .However uniform, torches, lathi  Arms,  badges shall be provided by service provider

(iii) Deployment of  security man power shall be  with the concurrence of nominated official of buyer organization  and  nominated official shall be responsible for close co ordination with the service provider   and  shall  monitor the activities performed by the service provider persons and will be responsible for its optimum utilization.

(iv)   Buyer  may calculate their requirement of resources based on 8 hours per shift. Example: For hiring security personnel for a month (30 Service Days) to offer the services for 24 hours on a 3 shift basis, the required number   of resources would be 90 personnel for the month.

(v) Price Variation Clause:

"It is advisable to include Price Variation Clause in the long term contracts to take care of the increase/decrease in prices of various ingredients which majorly affect the overall price of the service. Buyers are therefore advised to include the Price Variation Clause (PVC) in the bid document through ATC for long term contracts. The additional payment, if any, on account of PVC can be done offline till such time online functionality is developed on GeM."

(vi)

In case, if the buyer has selected the option in the bid for retention of existing resources of the previous/existing service provider, then the new service provider is required to retain those resources as mentioned in the bid document. In such case, the Buyer shall be responsible for ensuring compliance with eligibility requirements of those resources as per the contract. Further, it is the buyer's responsibility to provide requisite documentation & other details pertaining to EPF, ESIC, etc. required for onboarding of such resources with the new service provider. Police verification of such retained resources, if required, will be the responsibility of buyer. The new service provider will not charge anything from the retained resources for onboarding on their payroll.

4.2. Service Provider Obligations

(a) Employment of man power by service provider: (i) Service provider providing the security services shall not employ or engage any person unless he or she is a citizen of India or a citizen of such other country as permitted to be employed in terms of Government rules and regulations in force .

(ii)Service provider shall employ only  man power who  has completed eighteen years of age and not above 65 years of age .Security agency shall only  employ man power who  satisfied the service provider  about his character and antecedents  and has completed the prescribed security training .Service provider shall only engage man power fulfilling  such physical standards as may be prescribed in the PSRA 2005  and rules    .Further  man power shall satisfy any other  conditions as may be prescribed in relevant rules.

(iii) No person who has been convicted by a competent court or who has been dismissed or removed on grounds of misconduct, or moral turpitude while serving in any of the armed forces of the Union, State Police Organization, Central or State Governments or in any private security agency shall be employed or engaged by the service provider

(iv)  Service provider, while employing a person shall  give preference  to a person who has served as a member in Army ,Navy and Air force or other  central paramilitary forces  ,Central Police forces , even for posts which are not specifically indicated as that of ex service man in the roles and responsibilities.

(v) The antecedents of security staff deployed shall be verified by the service provider from local police authority and an undertaking in this regard is to be submitted to the department and buyer department shall ensure that the service provider complies with the provisions .

(vi) The service provider shall deploy his personnel only after obtaining the buyer department approval upon duly submitting g curriculum vitae (cv) and police verification details of personnel Buyer shall be informed  at least one week in advance and service provider shall be required to obtain departments approval for all such changes along with their CVs

(vii) The Buyer shall have the right, within reason,   to have any personnel removed who is considered to be undesirable with proper reasoning  or otherwise and similarly the Service Provider  reserves the right to remove any personnel with prior intimation to the Buyer , emergencies, exempted

 (b) Registers to be maintained by Service provider

(i)  Service Provider   shall maintain a register containing name and addresses of the persons managing the private security agency, names, addresses, photographs and salaries of the   security   manpower and supervisors under its control and   such other particulars as may be prescribed under PSRA act

(ii) Service provider will maintain a register on which day today employment of personnel with buyer organization will be entered   and   same  will be countersigned by the authorized official of the buyer department .While raising bill the deployment particulars of the personnel engaged during the month, shift wise should be shown to buyer .Buyer organization   may call for such information as it considers necessary from service provider.

(iii) The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the Buyer Department or any other authority under Law.

©   Issue of photo identity card

• Every security man power deployed by the service provider shall be issued a photo identity card, by the service provider.
• The photo identity card shall be issued in such form as may be prescribed by the buyer organization and complying with PSRA Act and rules  .  
• Every security man power  shall carry on his person the photo identity card issued under and shall produce it on demand for inspection by the buyer organization or any other officer authorized  by  same .

 (d) Requirements of Licenses

(i) Service provider shall be holding a valid license under the provision of Private Security Regulations Act (PSRA) providing for operation in the respective State or Union territory where services are being offered .Service provider shall ensure that all the relevant licenses/registrations/permissions which may be required for providing the services are valid   during the entire period of the contract failing so shall attract the appropriate penalties .The documents relevant in this regard shall be provided by the service provider to the buyer on demand

(ii) The service provider   shall comply with all the legal requirements for obtaining license under contract labor regulations and abolition act 1970 if any at his own part and cost. The requirement shall be depending up on the number of persons engaged for the organization in terms of the provisions of the  relevant act .

(iii) The service provider shall maintain all statutory registers required to be maintained as per licence provisions under the law and shall produce same on demand to the buyer department or any other authority under the law.

(e) Training

(i)  The Service Provider shall have his own Establishment/set up/mechanism/Training institute recognized  under  PSRA 2005  or have tie up with institutions recognized in  terms of PSRA 2005 to provide training  for security man power with them   to ensure correct and satisfactory performance of his/her  liabilities and responsibilities .Only such man power who have undergone training and holding   certificate should be deployed under the contract , The training shall  be  for a minimum period as specified in the PSRA act and in terms of the detailed training syllabus as prescribed in the act . The ex-servicemen and former police personnel shall however be required to attend a condensed course only as per provisions in the PSRA act

(f) Reports

All necessary reports and other information will be supplied immediately as required and regular meetings will be held with the buyer department

(g) Conduct of the security man power deployed

(i) The security manpower shall not accept any gratitude or reward in any form

(ii) Under the terms of their employment  agreement with the Service Provider the Security staff shall not do any professional or other work for reward or otherwise either directly or indirectly, except for and on behalf of the Service Provider.

(iii)The personnel engaged by service provider  have to be extremely courteous with very pleasant mannerism in dealing with the Buyer Staff and should project an image of utmost discipline. Buyer  Department shall have right to have any person  removed in case of its staff complaints  or as decided by representative of the Buyer Department if the person  is not performing the job satisfactorily or otherwise. The Service Provider shall have to arrange  suitable replacement in all such cases.

• Security man  power  engaged by the Service Provider shall not take part in any staff union and association
• The persons deployed shall, during the course of their work be privy to certain confidential documents and information which they are not supposed  to divulge to third In view of this, they shall be required to take oath of confidentiality and breach  of this condition shall make Service Provider as well as the person  deployed liable for penal action under the applicable laws besides,  action for breach  of contract

(h) Uniform and Badges

(i) Service provider shall ensure that all security man power shall  put on arms badge distinguisher the Agency for which they are working, shoulder or chest badge to indicate his role or function . Man power employed as Security guards shall, have  whistle attached to the whistle cord and to be kept in the left pocket,. Shoes with eyelet and laces , headgear which may also carry the distinguisher mark of the  service provider.

(ii)  The clothes worn by  the  security man power  while on active duty shall be such that they do not hamper in his efficient performance. In particular they will neither be too tight nor too loose as to obstruct movement or bending of limbs.

(iii) Every man power functioning as  security guard will carry a notebook and writing instrument with him.

(iv) Every security person shall be provided one good quality torch and  one baton.

(v) Every   man power functioning as security guard while on active security duty will wear and display photo- identity card issued on the outer most garment above waist level on his person in s conspicuous manner.

(vi) Parameters of the uniform shall conform to provisions of  PSARA 2005.

1. I) Monitoring and Supervision by the service provider

(i) Service provider shall ensure that adequate supervision will be provided to ensure correct performance of the man power deployed in accordance with the prevailing assignment instructions agreed upon between the service provider and buyer organization. Even if security supervisor is not availed by the buyer organization service provider should keep track of performance of the staff deployed and give necessary support to ensure good performance.

(ii) The Service Provider will deploy supervisors as per the need given by the Buyer Department. The supervisor shall be required to work as per the instructions of Buyer Department.

(iii) The Service Provider shall do and perform all such Security services, acts, matters and things connected with the administration, superintendence and conduct of the arrangements as per the direction enumerated herein and in accordance with such directions, which the Department may issue from time to time and which have been mutually agreed upon between the two parties.

(iv) The Service Provider shall be responsible to maintain all property and equipment of the Buyer Department entrusted to it.

(v) The Service Provider shall nominate a coordinator who shall be responsible for regular interaction with the Buyer Department so that optimal services of the persons deployed could be availed without any disruption. 

(j )  Working hours and Reporting Time

• The personnel will have to report to the Buyer Department’s security office at least 30 minutes in advance of the commencement of the shift for collecting necessary documents/instructions, and to complete all other required formalities as approved by the Buyer
• The working hours and days of the outsourced employees will be as per the existing applicable rules of the respective Central/State Government However, they have to work on holidays, if necessary and required based on demand of work
• In an event of deployed personnel availing leave and if required by buyer suitable substitute(s) shall be provided by service provider as per mutual understanding with
• Consequent to poor performance of deployed manpower, service provider shall immediately replace the deployed manpower thereby maintaining service levels and
• Working shifts (includes day and night shift) if any, and daily working hours shall be mutually agreed upon between buyer and seller prior to deployment of manpower
• .The attendance of the employees will be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer’s In case biometric system insisted, same is to be made available by buyer and access to be provided to the security persons deployed by service provider
• The persons deployed should be polite, cordial and efficient while handling the assigned work and their actions should promote good will and enhance the image of the Corporation or office The Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed..

(k)   Physical standards and Medical check up

(i) The security man power deployed shall be eligible for being engaged or employed if he or she fulfills the standards of physical fitness  as  specified  in the PSRA Act  2005 .Service provider is therefore required to ensure that all deployed man power fulfill the requirements specified in PSRA Act. Service provider Agency should get medical check-up of its staff at the time of their induction in the rolls of the   agency   to ensure their fitness for the job assigned and annual medical check-ups to be done as prescribed under PSARA.  A record of the same shall be maintained in the personal   file   of the security personnel. In case buyer demands for a copy of medical fitness certificate at time of deployment   to their organization same shall be given

(ii) The security man power deployed   should be free from evidence of any contagious or infectious disease. He   or she should not be suffering from any disease which is likely to be aggravated by service or is likely to render him unfit for service or endanger the health of the public

(iii) No medical facilities or reimbursement or any sort of medical claims thereof in respect of employees provided by the Service Provider will be entertained by the Buyer

(l) Applicable Leave

(i) In case of services hired on annual basis and 5 working days, the employees will be entitled to 08 days of casual leaves per year on pro-rata basis and in case of 6 working days, the employees  will be entitled to 15 days casual leave per year on pro-rata basis

(ii) in case of services hired for all 7 days also it shall be ensured that service personnel’s are given at least 4 holidays in a month

(iii) The applicable casual leave is to be provided to the personnel and the payment for the applicable leave also shall be taken in to account for calculation of the payment to be made by the buyer

(iv)  Beyond specified leaves as applicable, leave will be treated as leave without pay (LWP) for which necessary deduction will be made by the buyer in the billed amount if no replacement is provided besides any penalty for not providing substitutes as indicated in SLA

4.3 Special terms and conditions Applicable

 (a).  Legal Status

(i) The Service Provider should have a legal status, whether it will be a registered Proprietorship Firm/Partnership Firm/Company under Companies Act having legal entity having all statutory licenses/registration for carrying out such activity as well has have registration for income tax.

(ii) The Service Provider shall not be allowed to transfer,  assign, pledge or subcontract its rights and liabilities under this Agreement to any other agency or organization  by whatever name be called without the prior written consent of the Authority.

(iii) For all intents and purposes,   Service Provider shall be the “Employer” within the meaning of different Rules & Acts in respect  of manpower  so deployed. The persons   deployed by the Service Provider shall not have any claim whatsoever  like employer and employee  relationship against the Buyer Department.

• The persons deployed by the Service Provider shall not claim nor shall be entitled to pay, perks and other facilities admissible to regular / confirmed employees  during the currency or after expiry of the Agreement
• The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the employee or by the Service The employees as well as the Service Provider shall comply with the relevant rules and regulations applicable at present and as may be enforced from time to time, for which the Buyer’s department would not be liable or responsible in any manner.  The onus of compliance  to all the applicable laws/acts/rules shall only rest with the Service Provider

(b) Indemnity

(i) The Service Provider will not be held responsible for the damages/sabotage caused to the property of the Buyer Department due to the riots/mobs attack/armed dacoit activities or any other event of force majeure

(ii) The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the employee or by the Service Provider.

(iii) The employees  as well as the Service Provider shall comply with the relevant rules and regulations  applicable at present  and as may be enforced from time to time, for which the Buyer’s department would not be liable or responsible in any manner.  The onus of compliance to all the applicable laws/acts/rules shall only rest with the Service Provider

(iv The Buyer Department shall not be responsible for any financial loss or any injury to any person  deployed by the Service Provider in the course of their performing the functions/duties, or for payment towards any compensation

(c)  Disclosure of Information related to services rendered

(i) Man power  engaged by the Security man power service provider  shall not divulge any information acquired by him or her  during such employment with respect to the work which he or she  has been assigned to  anyone other than the buyer organization  or to such person as the buyer organization directs  .However  such disclosure as may be required under  PSRA Act or in connection with any inquiry or investigation by the police or as may be required by an authority or process of law shall be exempted from this

(ii)  All security man power engaged by the service provider shall   however  render necessary assistance to the police or to such authority in the process of any investigation pertaining to the activities of that agency.. If violation of any law is noticed by any security man power  during the course of discharge of duties, he r she shall bring it to the notice of s superior, who in turn shall inform the police either through buyer  or service provider  or on his own.

• Ownership and retention of Material: (i) Buyer shall own the material and documents provided to the Service Provider if any  in connection with performance of this contract. Service Provider shall not, without the prior written consent of buyer store, copy, distribute or retain any material or Documents.
• Service Provider shall, upon termination of this agreement for any reason, or upon demand by buyer, whichever is earliest, return any and all material and information provided to Service Provider by buyer, including any copies or reproductions, both hardcopy and electronic.
• The Service Provider or man power provided 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

• Changes: Nodal officer of the buyer or any other authorized official shall be competent to ask for any changes in the scope of work. Buyer is entitled to increase the quantum of order regarding number of man power  by 25% and similarly shall be competent to reduce the man power also by 25%
• Transportation: The responsibility of arranging commutation for the man power and transportation of any items which are in the scope of service provider and requiring the transportation shall be responsibility of service provider
• Insurance requirements.

Service provider shall be responsible for any insurance requirements for the man power deployed regarding accidents etc. No claim for any compensation or damages on account of any injury or death of man power while performing the duties shall be entertained by the buyer organization Insurance requirements if any for the property or premises for which security is offered shall be the responsibility of the buyer

•  Obligation regarding minimum wages, ESI,EPF  contributions and billing     
•    Payment Procedure shall be in as specified in the General Terms and Conditions of GeM. The rate offered shall be   including GST .Payment   shall be made on the basis of the number of security personnel engaged.

(ii)  The Service Provider Agency shall also deposit EPF and ESI of both   employer and  employee  share within 15th day of the month of payment for the support staff engaged from their account  and prefer the bill to the Buyer Department for reimbursement of employer share only.

(ii) Employee share of EPF and ESI   contribution shall be recovered from the gross remuneration & balance amount is to be released to the persons   employed. Proof of deposit of both employers share and employees share of ESI & EPF shall be submitted to the buyer by the end of 15^th day  of succeeding month  .

(iii)The Service Providing Agency shall furnish statement of amount paid for the month to the persons   deployed along with cheque number or bank transfer details and date and Bank account  from which the payment has been  made. Service Providing agency is to furnish copy of bank statement in support of amount paid as and when required by Buyer Departments.

(iv)The Service Provider shall be responsible for timely payment of take home remuneration to the supporting staff and deposit of EPF and ESI  (both  employee  and employer share), failing which suitable penalties as per SLA and any other actions as per existing rules and regulations shall be taken

(v) The Service Provider shall   submit   before  the  Buyer Department,  one copy of the  monthly challan with Electronic Challan Cum receipt sheet indicating break down of contribution of each and every hired employee regarding EPF and ESI  within 7 days from the date of   filing. . In case of any   return in the form of  monthly ,  quarterly and annual returns applicable same also to be filed and copy to be furnished to buyer .

(vi)The payment to the Service Provider will be made on monthly and quarterly basis, depending upon the actual duration of the services rendered as per order.

(vii) Any violation of contractual   obligations by the Service Provider/employee shall attract penalties as mentioned against each obligation. The  Service  Provider  is deemed to have confirmed   that penalty whenever becomes payable, the same shall be deducted by the user department from the payments due to the Service Provider.

(viii) TA/DA shall be payable directly by the Buyer on production of travel documents in original and approval of appropriate   authority of the Buyer for undertaking such travel for the project/assignment.

(ix)All applicable taxes and duties except GST, shall be payable by the Service Provider and the Buyer shall not entertain   any claims  whatsoever  with respect  to the same.  The Service Provider shall pay the GST as the price is inclusive  of GST .

(x)The Service Provider shall ensure payment regularly for the deployed man power  to their entitlements like monthly salaries/wages etc. and submit the documentary  proof of the salary paid as per the terms and conditions of the contract.  Bill for the subsequent month will be paid only after submission   of certificate of disbursement of wages of previous month.

(xi) In case the submission of monthly bills is delayed by the Service Provider beyond 15 days from the last day of the month in which the services have been provided, the entire liability towards payment of interest/penalty to the tax authorities would be borne by the respective  Service Provider.

(xii) Escalation towards payment of salaries / wages of the  employees  shall not be accepted on any ground during the contract  period.

(xiii)The Breakup of the components to be provided to the Buyer Department .The Buyer Department will provide Minimum Wage as per the Notification applicable in their area for the category of Resource they want to procure.

(xiv)The Total Price includes Minimum Wage, ESI, EPF, Admin Charge and GST on the mentioned components.

(xv)Bonus in accordance with the Bonus Act which at present is one month basic wage (not below Rs7000/-) which comes to monthly payment 8.33% of minimum wage or Rs 7000/- Shall  also be payable by the buyer . Bonus is applicable to all employees minimum wage is below Rs 21000/-.In case of any changes in the bonus rates as per relevant notifications same shall be applicable .Bonus shall be payable only to the resources completing the required number of working days and fulfilling the requirements

(xvi)All Ex Servicemen should be paid as per wage structure laid down by Directorate General of Resettlement (DGR), Ministry of Defence.

(xvii)All organizations under Central Government should make payment as per the minimum wages laid down by the Central Labor Commissioner.

(xviii)Service Provider will thus quote over and above the following components as a Service Charge and Special Allowance if any

(xix)Minimum Wage + ESI + EPF + PF Admin Charges + GST (on the Minimum Wage, ESI and EPF component), is provided by the Buyer Department and the rest (GST on the component provided by the Buyer) is added by the platform.

(xx) In case of any changes in the minimum wages as per the Applicable Laws during the Contract period, Buyer shall pay the Service Provider the difference in wage from the amount mentioned  in the contract  on pro rata basis.  Therefore the increase in minimum wages shall be applicable and contract value amount shall be considered as revised up to the extent of increase due to increase of minimum wages

(xxi)The bonus as applicable in terms of rules and regulations prevailing is payable by the buyer

(xxii)The cost of the Contract shall be valid for initial contract period and during this period no price escalation,  other than minimum wages revision, shall be entertained by the Buyer

(xxiii)The payment shall be made as per the contract and after deduction of relevant penalties, if any. Service Provider shall raise the invoice as per the arrangement in the contract (monthly/ quarterly) towards the Services rendered in the previous month to the Buyer. Payment shall be effected by credit into the bank account of the Service Provider within 10 days of receiving the invoice, complete in all respects. The Service Provider shall provide correct bank account number and other details of the bank to enable the Buyer to credit the payment directly into the account. Buyer shall pay the Service Provider all due amount as per the invoice, that are not the subject to dispute, within 10 days after receipt of a valid invoice that complies in all material respect in terms of this agreement; the payment shall be subject to any reduction such as penalty, statutory deductions, etc. 

(xxiv)As per DoE OM No.F.6/1/2023-PPD dated 6th January 2023, the minimum service charges for Manpower Outsourcing Services has been fixed as 3.85%. The contracts concluded through this service shall be in compliance with the above mentioned OM.

Calculation Formula for the service

  Total Cost =

(((($basic_pay+$esi+$provident_fund+$eldi+$epf_admin_charge+$bonus+$non_mandatory_1+$non_mandatory_2+$non_mandatory_3 )*$number_of_working_days)*1.18 )+ ($percentage_of_service_charge*(($basic_pay+$esi+$provident_fund+$eldi+$bonus+$non_mandatory_1+$non_mandatory_2+$non_mandatory_3)*$number_of_working_days)/100) )*$quantity*$tenure_duration_of_employment

Note : Actual payment may vary as per service rendered and mentioned in log sheet.

• Statutory compliances..Service provider shall abide by the PASRA Act , Minimum wages Act ,Contract labor Act etc. as applicable from time to time for man power employed for undertaking the services .Similarly in case of armed security guard service provider shall ensure that the licenses are kept valid and all legal formalitities and compliances for same are followed by the man   Service provider shall also be required to ensure that the entitled leave as per labor laws are made available to security man power
• Termination of contract before normal validity;
• In case service provider commits defaults in terms of the agreement other than those specified warranting cancellation without notice , it shall be lawful for the buyer to issue a notice of termination of the contract by giving  15  days time to service provider..Service provider can make a representation during the notice period and  takes steps to remedy the defaults and if buyer is satisfied with the same , buyer can take decision to withdraw the notice .The agreement shall automatically terminate on expiry of the notice period if same is not withdrawn by buyer.
• The termination notice shall be issued by buyer to the address of the service provider as shown in the agreement.
• However in case of instances such as not deploying resources within agreed time, serious security lapses, irregularities in service provider operations, expiry of validity of required licenses such as PSRA and  in case  cumulative penalty for violations of SLA reaches more than 10%  contract can  be terminated with immediate effect and no notice is required to be issued .
• In case of termination of the contract and buyer engage the services of another service provider for the remaining part of contract the same shall be at risk and cost of the service provider besides other actions such as encashment of performance security and administrative actions etc
• Proprietary rights and indemnity: 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 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  shall not be less than that used by Service Provider to protect its own proprietary information. Service Provider recognizes that the goodwill of Buyer depends, among other things, upon Service Provider keeping such proprietary information confidential and that unauthorized disclosure of the same by Service Provider could damage buyer and by that reason of Service Provider’s duties hereunder. Service Provider may come into possession of such proprietary information, even though Service Provider does not take any direct part in or furnish the services performed for the creation of said proprietary information and shall limit access thereto to employees with a need to such access to perform the services required by this agreement. Service Provider shall use such information only for the purpose of performing the said services.

5. Penalties and Termination

                                                             Service Level Agreement 

                                          Manpower Outsourcing Services – Minimum Wage Based

1       Agreement Overview

This is a Service Level Agreement (“SLA” or “Agreement”) between the Buyer and Manpower HiringAgency/Service Provider. The purpose of this Agreement is to facilitate implementation of Manpower Hiring Service at the Buyer’s premises, or any other premises approved by the Buyer. This Agreement outlines the scope of work, Buyer’s obligations, special terms and conditions related to service delivery and payment of services. The Agreement remains valid till completion of scope of services or end of contractual duration (whichever is earlier) unless mutually extended by both the parties.
The Services contracts placed through GeM shall be governed by following set of Terms and Conditions:
I. General terms and conditions for Services;( “GTC”)
II. Service Specific Standard Terms and Conditions (“STC”) of the Services contracts shall include the service level agreement (SLA) for the service.
III. BID/ Reverse Auction specific Additional Terms & Conditions (ATC) as specified by the buyer.
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. The above set of terms and conditions along with the scope of work and SLA as enumerated in this document shall be construed to be part of the Contract/Agreement between the Buyer and Service Provider.
2       Objectives and Goals
The objective of this Agreement is to ensure that all the commitments and obligations are in place to ensure consistent delivery of services to Buyer by Service Provider. The goals of this agreement are to:
I. Provide clear reference to service ownership, accountability, roles and responsibilities of both parties
II. Present a clear, concise, and measurable description of services offered to the Buyer
III. 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
IV. To ensure that both the parties understand the consequences in case of termination of services due to any of the stated reasons
ThisAgreement 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       Parties to the Agreement

The main stakeholders associated with this agreement are below-
1. Buyer: Buyer is responsible to provide clear instructions, approvals and timely payments for the services availed
2. ServiceProvider: Service provider is responsible to provide all the required services in timely manner. Service provider may also include seller, any authorized agents, permitted assignees, successors and nominees as described in the agreement
The responsibilities and obligations of the stakeholders have been outlined in this document. The document also encompasses service level/ deductions in case of non-adherence to the defined terms and conditions.

4      Terms & Conditions:
4.1   Buyer’s Obligations:
i. The Buyer shall provide workspace (seating area, work desk, furniture etc.) for the manpower hired through Service Provider, the Buyer shall also arrange necessary gate/ entry pass to Buyer's premise/ designated premise for the manpower.
ii. Working shifts (includes day and night shift) if any, and daily working hours shall be mutually agreed upon between Buyer and Service Provider and should follow all the labor laws.
iii. The Buyer shall directly or in consultation with the Service Provider provide the necessary training to the manpower for Buyer specific tools, applications, and machinery etc., if required.’
iv. The Buyer shall provide, free of charge unimpeded access to all the infrastructure which is required to perform the Services. It may include use of stationery, printer, electricity, internet, Buyer specific servers, data drives, tools, and software etc. However, use of such infrastructure shall be limited for official purpose only.
v. The Buyer shall make necessary arrangements for use of basic facilities like water pots/ machines, cafeteria, washrooms etc. for manpower working at Buyer's premise/ designated premise.
vi. TA/ DA shall be payable directly by the Buyer, in case of travel included in the scope of work, on production of travel documents in original and approval of appropriate authority of the Buyer for undertaking such travel for the project/assignment.
vii. In case of services hired on annual basis and 5 working days, the manpower will be entitled to 08 days of casual leaves per year on pro-rata basis and in case of 6 working days, the manpower will be entitled to 15 days casual leave per year on pro-rata basis. Beyond specified leaves as applicable, leave will be treated as leave without pay (LWP) for which necessary deduction will be made by the Buyer in the amount billed by the Service Provider, if no replacement of manpower is provided.
viii. The Buyer shall have the right, within reason, to have any personnel removed who is undesirable with proper reasoning& justification.
ix. The Buyer will have option to replace the proposed manpower in case of non-performance, non-delivery or in any other exceptional case, however replacement of the manpower will be in same category with same degree of skills, educational qualification, and number of years of experience, also prior approval for the same to be provided by the Buyer.
x. In case, if the buyer has selected the option in the bid for retention of existing resources of the previous/existing service provider, then the new service provider is required to retain those resources as mentioned in the bid document. In such case, the Buyer shall be responsible for ensuring compliance with eligibility requirements of those resources as per the contract. Further, it is the buyer's responsibility to provide requisite documentation & other details pertaining to EPF, ESIC, etc. required for onboarding of such resources with the new service provider. Police verification of such retained resources, if required, will be the responsibility of buyer. The new service provider will not charge anything from the retained resources for onboarding on their payroll.

4.2  Service Provider’s Obligations:

1. The Service Provider would be required to provide sufficient and qualified manpower, capable of supporting the functioning of the project/department in a manner desired by the Buyer. Any mismatch in demand and supply of the manpower such as number of employees, educational qualification, sectoral/ desired work experience etc. may lead to deductions and/or replacement of the resource with the matching skillset based on the approval from buyer.
2. The service provider/contractor shall be responsible for paying wages to contract labour at rates not less than the minimum wages as notified by the Appropriate Government.
3. The service provider/contractor shall be responsible for paying bonus to contract labour in the manner prescribed by the Payment of Bonus Act, 1965 & shall get reimbursed from the buyer.
4. The service provider/contractor shall be responsible for paying proportionate gratuity to contract labour who have rendered continuous service as per the provisions of the Payment of Gratuity Act, 1972
5. Service Provider shall adhere to the timeline given by Buyer for providing the required manpower on Buyer’s premise/ designated premise.
6. The Service Provider shall not assign its rights or obligations under this Contract, in whole or in part, nor enter any subcontract to perform any portion of this Contract, without the written consent of the Buyer. The Service Provider shall be responsible and liable to deliver the services as per the contract.
7. The Service Provider shall be required to keep the Buyer updated about the change of address, change of the Management etc. from time to time.
8. The Service Provider shall provide the documentary proof for the qualifications and experience of the manpower deployed by them. The biodata/ resume, qualification and experience of the said manpower should be verified/certified by the Service Provider. In case any of such document is found to be false at any stage, it would be deemed to be a breach of terms of contract making the Service Provider liable for legal action.
9. The Service Provider shall be responsible for police verification, character, and antecedents’ verification of the manpower. The same may be verified by the Buyer at the time of joining of the manpower, if he/she so desires.
10. The manpower provided by the Service Provider shall not be deemed employees of the Buyer department hence the compliance of the applicable acts/ laws will be the sole responsibility of the Service Provider.
11. The Service Provider shall furnish the following documents in respect of the manpower deployed by them to Buyer's premise/ designated premise in the given time limit:
    1. List of persons deployed (monthly)
    2. Biodata/ resume with antecedents’ details (at the time of deployment)
    3. Copy of Aadhaar Card of the candidates (at the time of deployment)
    4. Identity Cards issued by Service Provider bearing photograph (within 8 days of joining)
    5. Identity proof and residential proof (at the time of deployment)
    6. Copy of police verification certificate (at the time of deployment)
    7. Copy of birth certificate, if required (at the time of deployment - for domicile purpose)
    8. Details of PF Account Number of resources
12. The Service Provider shall nominate a coordinator/ Single Point of Contact (SPOC) who shall be responsible for regular interaction with the Buyer Department so that optimal services of the persons deployed could be availed without any disruption.
13. The attendance of the manpower shall be entered in the register provided by the Service Provider and/or in the Aadhaar based Biometric attendance system at the Buyer's premises.
14. All selected manpower shall wear Identity Card provided by the Service Provider every day during working hours.
15. The Service Provider shall issue the letter of deployment to every deployed manpower and a copy of same shall be submitted to Buyer.
16. In an event of deployed manpower availing leave, and if required by Buyer, suitable substitute(s) shall be provided by Service Provider as per mutual understanding with Buyer. Service Provider shall communicate the same to buyer in advance.
17. In case of any resource permanently leaving the organization or taking leave for a longer duration, service provider shall communicate the same to buyer at least 1 month prior to the last working day of a resources. Suitable substitute(s) shall be provided by Service Provider as per mutual understanding with buyer.
18. The Service Provider shall be responsible for any act of indiscipline on the part of the persons deployed.
19. The Service Provider shall ensure that all the relevant licenses/ registrations/ permissions which may be required for providing the services under this Agreement are valid during the entire period of the Agreement; failing which the Buyer can take appropriate action including imposition of deductions and termination of contract. The documents relevant in this regard shall be provided by the Service Provider to the Buyer on demand.
20. In case of continuous work (24 hours or more than 26 days in a month), Service Provider shall be responsible to change the shifts and manpower in compliance with the labor laws.
21. The persons deployed by the Service Provider shall not claim nor shall be entitled to pay, perks and other facilities admissible to regular/ confirmed employees during the currency or after expiry of the Agreement.
22. No medical facilities or reimbursement or any sort of medical claims thereof in respect of employees provided by the Service Provider will be entertained by the Buyer.
23. The persons deployed shall treat as confidential all data and information received from the Buyer and obtained in the execution of its responsibilities under this Contract/ Agreement, in strict confidence and will not reveal such information to any other party including the Service Provider without the prior written approval of the Buyer. In view of this, the persons deployed shall be required to sign a non-disclosure agreement and breach of the same shall make the Service Provider as well as the person deployed liable for penal action under the applicable laws besides, action for breach of contract and termination of contract.
24. For all intents and purposes, the Service Provider shall be the “Employer’’ within the meaning of different Rules & Acts in respect of manpower so deployed. The persons deployed by the Service Provider shall not have any claim whatsoever like employer and employee relationship against the Buyer.
25. No deployed manpower shall be allowed to stay in the Buyer’s premise/ designated premise unnecessarily after working hours without Buyer’s permission.
26. Any damages/ losses caused by deployed manpower shall be borne by the Service Provider. The Buyer Department shall not be responsible for any financial loss or any injury to any person deployed by the Service Provider during their performing the functions/duties, or for payment towards any compensation.
27. The Service Provider shall be solely responsible for the redressal of grievances/ resolution of disputes relating to persons deployed. The Buyer shall, in no way be responsible for settlement of such issues whatsoever.
28. The Service Provider shall be responsible for timely payment of take-home remuneration to the manpower and deposit of EPF and ESI (both employee and employer share), failing which deductions shall be made by buyer.
29. The Service Provider shall maintain all statutory registers under the Law and shall produce the same, on demand, to the Buyer Department or any other authority under Law.
30. The Service Provider shall ensure regular payment to the deployed manpower to their entitlements like monthly salaries/ wages etc. and submit the documentary proof of the salary paid as per the terms and conditions of the contract. Bill for the subsequent month will be paid only after submission of certificate of disbursement of wages of previous month.
31. The wages of every person deployedupon or in any establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the seventh day after the last day wage-period in respect of which the wages are payable. In any other establishment, wages of every person employed shall be paid before expiry of tenth day after last day wage-period. Payment of salary/ wages to the employees shall be made in their bank accounts only, no cash or kind payment shall be made.
32. The Service Provider shall furnish statement of amount paid for the month to the manpower deployed along with Transaction Details and Bank account from which the payment has been made. Service Provider shall furnish copy of bank statement in support of amount paid as and when required by Buyer.
33. The Service Provider shall also deposit EPF and ESI of both employer and employee share within 15th day of the month of payment of wages.
34. The Service Provider shall submit before the Buyer Department, one copy of the return within 7 days from the date of filing of monthly/ quarterly/ half yearly/ annual return if any before the EPF and ESI authorities.
35. All applicable taxes and duties other than mentioned in the contract document, shall be payable by the Service Provider and the Buyer shall not entertain any claims whatsoever with respect to the same.
36. The Service Provider,at all times,will ensure that the services being provided under this Contract/Agreement are performed strictly in accordance with all applicable laws, order, byelaws, regulations, notifications, guidelines, rules, standards, recommended practices etc. and no liability in this regard will be attached to the Buyer.

4.3  Special Terms & Conditions:

1. As per the Contract Labour Regulation and Abolition Act, 1970 and all applicable rules notified thereunder, the service provider/contractor shall be responsible for ensuring that wages are paid to the contract labour on time. The principal employer/buyer shall ensure that the wages are paid on time to the contract labour by the service provider/contractor. In case the service provider/contractor fails to pay the wages on time or makes short-payment, the principal employer/buyer shall be liable to pay the wages to the contract labour directly and recover the amount from the service provider/contractor.
2. The Buyer will in no way be responsible for the violation of any rules and/or infringement of any other laws from the time being in force, either by the manpower or by the Service Provider. The manpower as well as the Service Provider shall comply with the relevant rules and regulations applicable at present and as may be enforced from time to time, for which the Buyer will not be liable or responsible in any manner. The onus of compliance to all the applicable laws/acts/rules etc.shall only rest with the Service Provider. An indicative list of central labor laws is provided under Annexure 1. Please note that this list merely indicative and not exhaustive.
3. The cost of services quoted by the Service Provider shall cover all aspects of service delivery and include all the components of salary/ wages (minimum wage, insurance, PF, ESI etc.) and taxes, as applicable.
4. As per DoE OM No.F.6/1/2023-PPD dated 6th January 2023, the minimum service charges for Manpower Outsourcing Services has been fixed as 3.85%. The contracts concluded through this service shall be in compliance with the above mentioned OM.
5. No advance payment shall be made to the Service Provider.
6. Payment shall be made once the services are delivered, and the Service Provider submits the invoice for the same.
7. The Buyer shall make the payment within prescribed timelines as per the payment process flow upon submission of invoice, logbook, and service feedback.
8. Payment shall be made only after submission of invoices, attendance sheet, logbook, service feedback, documentary proofs for PF/ESI/EDLI etc. payments. Non-submission of the same may lead to delay/ deduction in payment.
9. All the deductions (if applicable) shall be settled before making the payments. Service Provider shall not have any objection on the same.
10. Payment to the manpower resources by the service provider shall be made through bank transfer only, in no circumstance cash payment shall be made.
11. In case of any changes in the minimum wages or any statutory wage component as per the Applicable Laws during the Contract period, the Buyer shall pay the Service Provider the differential amount in wage.It is clarified that such increase in the wages will not have any impact on the service charges. The total value of the service charge to be paid by the buyer to service provider shall remain same as per the original contract value.
12. Service provider will submit the invoice & upload the supporting documents such as attendance sheet, logbook etc. on GeM portal
13. Buyer will review the documents provided by service provider & may either accept or reject based on actual performance. If required, buyer may impose any non-delivery deductions, SLA deductions, over & above the invoice submitted by service provider.

5       Deductions

Deductions can be imposed by the Buyer for the following: 

6    Payment Terms

i. The Payment procedure as specified in the General Terms and Conditions (GTC) of GeM will be applicable.
ii. Payment schedule to be as per payment terms specified in bid document/ATC by the buyer.

7     Undertaking

The service provider/contractor shall not make any unauthorized deductions from the wages of the contract labour and provide below undertaking:

"The Service Provider hereby undertakes not to charge any money/fees/ deductions in whatever manner, name or form, or take any monetary/non-monetary considerations, or make any unlawful deductions from the compensation/salary of the manpower/employees/resources engaged by it and, to be deployed at the Buyer’s site. The Service Provider further agrees that it will not indulge in any unethical practices and acknowledges that any non-compliance of the aforesaid undertaking will be treated as a material breach of the Contract, in which case the Buyer and GeM shall have the right to take appropriate independent actions including termination of the Contract and actions as per GeM Incident Management Policy."
8      Formula Used

8.1   Cumulative Cost (Daily): -

“d” = “bp” + “esi” + “pf” + “edli” + “bonus” + “admin” + “nm1” + “nm2” + “nm3”
Where, 

“d”  = Cumulative Cost (Daily)
“bp”  = Basic dailywage (INR) exclusive of GST
“pf”  = Provident Fund (INR Daily)
“edli” = EDLI (INR Daily)
“esi” = ESI (INR Daily)
“bonus” = Bonus (INR Daily)
“admin” = EPF Admin Charge (INR Daily)
“nm1” = Optional Allowance 1 (INR Daily)
“nm2” = Optional Allowance 2 (INR Daily)
“nm3” = Optional Allowance 3 (INR Daily)
“m”  = Cumulative Cost (INR Daily)

8.2      Total: -

“tcv” = (d * nd + "oth" * "otr") * (1.18 + sc / 100) * t * q 
Where
“tcv” = Total Contract Value
“d”  = Cumulative Cost (Daily) as calculated in 8.1 above
“sc”  = Service Charge in %age, as quoted by service provider inclusive of GST

Factor 1.18 is to include 18% GST on the services provided by the service provider

“nd” = No. of working days in a month
“t”  = Tenure for which service is required (In no. of months)
“q”  = Quantity (No. of resources required by buyer)

"oth" = Estimated Number of Overtime Hours per Resource per Month

"otr" = Remuneration per resource per hour for Overtime Hours (Incl. all applicable allowance etc. & excluding GST)

 Annexure - 1

1. The Minimum Wages Act, 1948
2. The Payment of Wages Act, 1936
3. The Payment of Bonus Act, 1965
4. The Equal Remuneration Act, 1976
5. The Trade Unions Act, 1926
6. The Industrial Employment (Standing Orders) Act, 1946.
7. The Industrial Disputes Act, 1947
8. The Weekly Holidays Act, 1942
9. The Factories Act, 1948
10. The Plantation Labour Act, 1951
11. The Mines Act, 1952
12. The Building and Other Constructions Workers’ (Regulation of Employment and Conditions of Service) Act, 1996
13. The Motor Transport Workers Act, 1961
14. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
15. The Contract Labour (Regulation & Abolition) Act, 1970
16. The Bonded Labour System (Abolition) Act, 1976
17. The Sales Promotion Employees (Conditions of Service) Act, 1976
18. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
19. The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
20. The Dock Workers (Safety, Health and Welfare) Act, 1986
21. The Child Labour (Prohibition and Regulation) Act, 1986
22. The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
23. The Working Journalists (Fixation of rates of Wages) Act, 1958
24. The Employees’ Compensation Act, 1923
25. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
26. The Employees’ State Insurance Act, 1948
27. The Maternity Benefit Act, 1961
28. The Payment of Gratuity Act, 1972
29. The Unorganized Workers’ Social Security Act, 2008
30. The Building and Other Construction Workers Cess Act, 1996
31. The Mica Mines Labour Welfare Fund Act, 1946
32. The Cine Workers Welfare (Cess) Act, 1981
33. The Cine Workers Welfare Fund Act, 1981
34. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
35. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess) Act, 1976
36. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Fund Act, 1976
37. The Beedi Workers Welfare Cess Act, 1976
38. The Beedi Workers Welfare Fund Act, 1976
39. The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988
40. The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959