Tender for appointment of agency to Operate and Maintain the Public toilets and Community toilets located in the jurisdiction of Gandhinagar Municipal Corporation as per the MoHUA SBM and Water guidelines (Second Call)

The Technical Bids will be opened on 30/07/2026 up to 12:00 hours, if possible, in the presence of Bidder’s

representative(s).

Based on qualification and techno-financial criteria, and other terms and conditions mentioned in the detailed

Tender document, Successful Bidder shall be appointed. Please note that the Employer reserves right to

accept or reject all or any of the Bids without assigning any reason whatsoever.

Name of Work Blank Tender Earnest Money Deposit

Document Fee (EMD)

Tender for appointment of agency to Operate 17,700/- INR (Rupees 19,72,701/- INR (Rupees

and Maintain the Public toilets and Seventeen Thousand Nineteen lakh Seventy-

Community toilets located in the jurisdiction Seven Hundred only) Two Thousand Seven

of Gandhinagar Municipal Corporation as per Hundred and One only)

the MoHUA SBM and Water+ guidelines

(Blank Tender Document Fees should be in form of DD of any Nationalize/Schedule Bank in favour Gandhinagar

Municipal Corporation/ Deputy Municipal Commissioner, Gandhinagar Municipal Corporation and should be payable at

Municipal Commissioner, GMC reserves rights to reject any or all Bids without assigning any reasons thereof

and the decision shall be final and legally binding on all the Bidders.

Deputy Municipal Commissioner

Gandhinagar Municipal Corporation

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

The information contained in this Request for Proposal document (the “Tender”) or subsequently provided to

Bidder(s), whether verbally or in documentary or any other form, by or on behalf of the Employer or any of its

employees or advisors, is provided to Bidder(s) on the terms and conditions set out in this Tender and such

other terms and conditions subject to which such information is provided.

This Tender is not an Agreement and is neither an offer nor invitation by the Employer to the prospective

Bidders or any other person. The purpose of this Tender is to provide interested parties with information that

may be useful to them in the formulation of their Bid for qualification pursuant to this Tender (the “bid”). This

Tender includes statements, which reflect various assumptions and assessments arrived at by the Employer

in relation to the Project. Such assumptions, assessments and statements do not purport to contain all the

information that each Bidder may require. This Tender may not be appropriate for all persons, and it is not

possible for the Employer, its employees or advisors to consider the investment objectives, financial situation

and particular needs of each party who reads or uses this Tender. The assumptions, assessments, statements

and information contained in this Tender may not be complete, accurate, adequate or correct. Each Bidder

should therefore, conduct its own investigations and analysis and should check the accuracy, adequacy,

correctness, reliability and completeness of the assumptions, assessments, statements and information

contained in this Tender and obtain independent advice from appropriate sources.

Information provided in this Tender to the Bidder(s) is on a wide range of matters, some of which may depend

upon interpretation of law. The information given is not intended to be an exhaustive account of statutory

requirements and should not be regarded as a complete or authoritative statement of law. The Employer

accepts no responsibility for the accuracy or otherwise for any interpretation or opinion on law expressed

The Employer, its employees and advisors make no representation or warranty and shall have no liability to

any person, including any Bidder or its representatives, under any law, statute, rules or regulations or tort,

principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may

arise from or be incurred or suffered on account of anything contained in this Tender or otherwise, including

the accuracy, adequacy, correctness, completeness or reliability of the Tender and any assessment,

assumption, statement or information contained therein or deemed to form part of this Tender or arising in any

way with qualification of Bidders for participation in the Bidding Process.

The Employer also accepts no liability of any nature whether resulting from negligence or otherwise howsoever

caused arising from reliance of any Bidder upon the statements contained in this Tender.

The Employer may, in its absolute discretion but without being under any obligation to do so, update, amend

or supplement the information, assessment or assumptions contained in this Tender.

The issue of this Tender does not imply that the Employer is bound to select and short-list qualified Bids or to

appoint the Selected Bidder or Concessionaire, as the case may be, for the Project and the Employer reserves

the right to reject all or any of the Bids or Bids without assigning any reasons whatsoever.

The Bidder shall bear all its costs associated with or relating to the preparation and submission of its Bid

including but not limited to preparation, copying, postage, delivery fees, expenses associated with any

demonstrations or presentations which may be required by the Employer or any other costs incurred in

connection with or relating to its Bid. All such costs and expenses will remain with the Bidder and the Employer

shall not be liable in any manner whatsoever for the same or for any other costs or other expenses incurred

by a Bidder in preparation or submission of the Bid, regardless of the conduct or outcome of the Bidding

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

Table of Contents

25. Adherence to requirements while submitting Bid .....................................................................21

36. Clarification of Bids and Contacting the Employer ...................................................................26

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

45. Employer’s Right to Accept Any Bid and to Reject Any or All Bids..........................................30

62. The Service to be provided during Contract Period .................................................................37

76. Correction of Defects and Compliant Redressal ......................................................................45

88. Payment of Commission, Gratuities, Rebates, Gifts ................................................................56

Section III: Generation Requirements and Scope of Work...................................................57

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

Annexure 1- Format for Covering Letter-Cum-Project Undertaking .....................................................73

Annexure 5- Format for Power of Attorney for Signing of BID .............................................................80

Annexure 6 - Format for Anti-Collusion Certificate...............................................................................81

Annexure 7 - Format for Bank Guarantee for Bid Security / EMD .......................................................82

Annexure 8 - Information regarding current litigation ...........................................................................84

Annexure 13 - Format for Performance Security in the form of Bank Guarantee ................................90

Schedule B – Workforce to be deployed for the service delivery as per scope ...................................95

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

Section I: Instructions to Bidders (ITB)

“GMC” or “ULB” shall mean Gandhinagar Municipal Corporation, Gandhinagar

“Bid” or “Detailed Bid” or “Proposal” shall mean the detailed Bid submitted by the Bidder in response to

this tender including clarifications and/or amendments, if any.

“Bid Security” shall mean the Security furnished by the Bidder, as part of the Detailed Bid submission.

“Bid Due Date” shall mean the last date for submission of Bid.

“Designated Officer” shall mean GMC Official appointed by Municipal Commissioner of Gandhinagar

Municipal Corporation (GMC), Gandhinagar.

“Employer” or “Authority” mean Gandhinagar Municipal Corporation

“Earnest Money Deposit” or “EMD” mean same as Bid Security.

“Month” shall mean generally a period of 30 days.

“Firm” shall mean a single legal entity, which is a registered body, Government agency or statutory body.

Letter of Intent (LOI)” or “Letter of Award (LOA)” shall mean the letter to be issued by Authority to the

successful bidder indicating the acceptance of his offer in accordance with the conditions of this Tender

“Performance Security” or “Security Deposit” shall mean the deposit/s provided by the Contractor, as a

performance guarantee under this Contract.

“Service Provider” or “Contractor” or “agency” shall mean the Proprietor/ firms/ companies

/firm/company/NGO/Trust which is the successful / Preferred bidder and has been selected by the Authority for

the work as per the terms and conditions of this tender.

“Taxes and Duties” shall mean all taxes, duties, fees, cess etc. payable as per applicable laws in Indian

connection with the discharge of responsibilities as per the scope of work envisaged.

The words and expressions beginning with capital letters and defined in this document shall, unless

repugnant to the context, have the meaning ascribed thereto herein above.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

1. Preliminary Details

1.1 The Employer is Gandhinagar Municipal Corporation (GMC), Gandhinagar. The authorized

representative of the Employer is Municipal Commissioner, GMC.

1.2 The work shall be pertaining to operation and maintenance of public and community toilets including

its peripheral area in accordance with the requirements under Swachh Bharat Mission and as per the

SWM Rules 2016. The work area shall be the jurisdiction of Gandhinagar Municipal Corporation

referred as “Gandhinagar city” hereafter. The Bidder shall have to compulsorily submit Technical

Proposal and Financial Bid as per the Tender conditions, failing which the Bid of such Bidder

shall be Rejected, without any further clarification.

1.3 Name of the Work: Tender for appointment of agency to Operate and Maintain the Public toilets and

Community toilets located in the jurisdiction of Gandhinagar Municipal Corporation as per the MoHUA

SBM and Water+ guidelines.

1.4 Brief description of the work

Gandhinagar Municipal Corporation intends to appoint a private agency to operate and maintain the

public and community toilets constructed in its jurisdiction. A total of 52 toilets shall primarily be in the

scope of this tender. An estimate indicates a requirement of 136 workers to carry out the services

mentioned in this tender.

Government of India has launched Swachh Bharat Mission with one of the prime objectives as making

all the cities Open Defecation Free across the country. Gandhinagar has been certified as Water+ city

and committed to maintaining the status. The appointed agency is expected to provide services in line

with the standards set by the Ministry under the guidelines of ODF protocols.

GMC shall enter into an AGREEMENT with the successful bidder and the same shall be governed in

accordance with the laws of India. The Contract for O&M of PT and CT in Gandhinagar Municipal

Corporation (GMC) Jurisdiction shall be awarded to the successful bidder for the tenure as mentioned

in the Tender document.

The contract initially covers the scope of work related to O&M of PT and CT, including details

pertaining to toilet operation hours, cleaning cycles, equipment and consumables required,

appropriate staffing (caretakers /cleaners), attending to repairs (minor works), monitoring and

complaint redressal, awareness creation, etc. and can be extended through mutual consent.

Note: The above mentioned description of work is for basic information. Please refer Section-III for

detailed scope of the work. Information provided in section-III will prevail in case of any discrepancy.

1.5 Schedule of Bidding Process

The Employer shall endeavour to adhere to the following schedule;

Event Description Date

Tender document From 12:00 hours on 07/07/2026 up to

available Online 18:00 hours on 28/07/2026

Last date for receiving On 17/07/2026 up to 12:00 hours

queries To be communicated with Employer on details as provided in clause

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

Event Description Date

On 17/07/2026 at 15:00 hours

3. Pre-bid Meeting

OR Any other date as communicated via e-tendering portal

Concern Officer: Deputy Municipal Commissioner, GMC

Office of Deputy Municipal Commissioner,

Gandhinagar Municipal Corporation (GMC),

Pre-bid Meeting

4. Pandit Deendayal Upadhyaya Bhawan,

Venue Behind Gandhinagar Fire Station,

Sector- 17, Gandhinagar.

Email: [email protected];

[email protected]

From 12:00 hours 07/07/2026 up to

E-Submission of Bid &

5. 18:00 hours on 28/07/2026, in accordance with the provisions as

Bid Due Date (BDD)

specified in the Tender Documents.

From 11:00 hours 07/07/2026 up to 18:00 hours on 29/07/2026 , in

accordance with the provisions as specified in the Tender Documents

Physical submission address:

Physical submission

6. Office of Deputy Municipal Commissioner,

Gandhinagar Municipal Corporation,

Pandit Dindayal Upadhyay Bhavan,

Behind Gandhinagar Fire station,

Sector-17, Gandhinagar, Gujarat -382016.

Opening of Technical 30/07/2026 at 12:00 hours; if possible or Employer will intimate Bidders

Bids about next possible Date and Time for opening of technical proposals.

Technical Employer will intimate only pre-qualified Bidders about Date and Time for

Presentation Technical Presentation.

Opening of Financial Employer will intimate only Technically qualified Bidders about next

Bids possible Date and Time for opening of Financial proposals.

10. Validity of Bids 180 days of Bid Due Date

Signing of Contract

11. Within 30 days of award of LoA

1.6 In all matters related to this Tender, the execution of the Project / Work, extension of the Contract,

interpretation of the clauses, evaluation, payment & penalties, termination, disputes / disagreements,

exemptions, contract amendments, etc., the Municipal Commissioner, Gandhinagar Municipal

Corporation shall be the Authorized person to take decisions, and such decisions shall be final and

binding to all parties.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

2. Bidding Process

2.1 The Employer has adopted a Single-stage two envelope Bidding Process (via online e-tendering

portal) (collectively referred to as the “Bidding Process”) for selection of the Bidder for award of the

proposed work. Pre-qualification eligibility and Technical eligibility of the Bidder shall be evaluated

based on details submitted under first envelope (the “Technical Bid”) with respect to eligibility and

qualifications criteria prescribed in this TENDER (the “Bidder”, which expression shall, unless

repugnant to the context). The Financial Bid under the second envelope shall be opened online of only

those Bidders whose Technical Bid is responsive to the Pre-qualification criteria and Technical

qualification criteria as per the Tender document.

3. Source of Funds

3.1 The work that the Successful Bidder is expected to carry out under the Contract shall be compensated

by the Employer through its own Municipal Fund.

4. Qualification Criteria

Information and details related to Eligibility is defined as mentioned below; and these requirements are

mandatory for Qualification purpose and necessary supporting documents for each of the criteria is to be

submitted compulsory along with the Technical Bid; and non-submission of supporting documents for any of

the following criteria shall result in disqualification of the Bid of such Bidder, without any further clarification.

Pre-Qualification Criteria

The Bidders will be shortlisted against the pre-eligibility criteria. Those bidders who fulfil pre-qualification

criteria, shall be considered for Technical evaluation

Sr. No. Pre-qualification Condition Documents to be submitted

Tender Fee Original copy of Tender Fee as mentioned in

Earnest Money Deposit (EMD) Original copy of EMD as mentioned in Clause

The Bidder shall be a private company, Valid certificate of incorporation to be

registered / incorporated under ‘Companies Act, submitted OR valid shop establishment

2013’ or other applicable Laws of India OR The certificate to be submitted OR partnership

Bidder shall be a proprietorship firm OR The registration certificate issued by Registrar of

Bidder shall be a partnership firm OR Any Firms, OR Certificate for registration under

NGO/Society/foundation registered under ‘Societies Registration Act, 1860’; and for

‘Societies Registration Act, 1860’; or Trust Trust, certificate for registration under ‘The

registered under ‘The Indian Trusts Act, 1882’. Indian Trusts Act, 1882’ shall be submitted as

The Bidder must have valid PAN, GST, EPF Copy of the valid PAN card, GST, EPF and

and ESIC registrations ESIC registrations to be submitted along with

The Bidder should possess valid ISO 9001 Copy of Valid Certificate

The Bidder or any member thereof should not Non-Blacklisting Declaration as per the format

have been blacklisted / barred / banned as on provided in Annexure 11 – Anti Black

Bid submission date or should not have any Listing Certificate of the Tender document.

contract terminated by any Central or State

Government or departments under thereof /

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

Sr. No. Pre-qualification Condition Documents to be submitted

Government Board or Corporation or Company

/ ULB / PSU in the last 5 years.

The Bidder must have experience of operation 1. Annexure 3 – Technical Capacity of the

and maintenance of standalone Bidder of the Tender document,

Public/Community Toilet blocks or Pay & Use 2. Contract agreement or work orders,

toilet Blocks for a minimum one-year duration 3.Successfully completion certificate /

during the last five financial years (i.e., 2021-22 performance certificate by competent

to Bid Due Date) with Government or Semi- Authority

Government Departments or Urban Local 4. Labor License registered in name of

Bodies or PSU as per following; respective Client/s with project title and

number of workers.

1. At-least 01 (one) Project having

Public Toilets under the Contract; The supporting documents must clearly

OR contain the executed contract value of the

project and the number of toilet blocks for

2. At-least 02 (two) Projects having

which O&M was performed under the contract.

Public Toilets under each Contract ;

The work / experience / project will not be

3. At-least 03 (three) Projects having

considered for evaluation if the bidder fails to

Public Toilets under each Contract.

submit the certificate having the required

information as described in Annexure 3 of this

(Note: - The project experience related to O&M

of public toilets in office buildings or

housekeeping contracts shall not be considered

Work order copies or work completion

as a valid experience for this tender)

certificate should be duly signed by

designated officers (not below the rank of

Executive Engineer / Health Officer / Dy.

Commissioner of ULB) of the concerned

1. Annexure 4 – Financial Status about

Average Annual Turnover of minimum Rs

Bidder of the Tender document

Crores (Rupees One Crores Eighty-Seven

2. Audited financial statements

Lakhs Only) for the last three Financial Years

3. CA certificate certifying overall annual

ending 31st March

turnover of the firm, annual turnover and Net

worth of the firm for last three financial years

1. Annexure 4 – Financial Status about

Last three financial years’ (ending 31st March

Bidder of the Tender document

2025) Net Worth of the Bidder firm should be

2. Audited financial statements

3. CA certificate certifying overall annual

turnover of the firm and Net worth of the firm

for last three financial years

The Bank Solvency certificate issued after bid

A Bidder shall have to submit Bank Solvency of

published date.

Rs. 1.24 Crore (Rupees One Crore Twenty

Four Lakhs Only) from any of the Nationalized

or Scheduled Bank as per list of Government

of Gujarat Rules.

Technical Evaluation Criteria

A detailed Technical Evaluation of proposals shall be carried out for the bidders who are qualified in the pre-

qualification criteria. Qualified bidders shall be called to deliver a PowerPoint Presentation to GMC Tender

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

Evaluation Committee. The authorized representative of the bidder along with the Proposed Project Manager

shall deliver their presentation before the GMC Tender Evaluation Committee based on the criteria given in

the below table.

The Technical Criteria and Technical Marks system for detailed Technical Evaluation are as follows:

S. No Criteria Marks Document proof

Average Annual Turnover of the firm for the last three Max 25 Document

1 Financial Years ending 31st March 2025. (As per the CA marks mentioned in

certificate) clause no. 4.1 (8)

(a) More than Rs. 1.85 Crore and up to 3.5 crores 10 marks

(b) More than Rs. 3.5 Crore and up to 5.0 crores 15 marks

(c) More than Rs. 5.0 Crore and up to 6.5 crores 20 marks

(d) More than Rs.6.5 crores 25 marks

Average Net worth of the firm for the last three Financial Max 20 Document

2 Years ending 31st March 2025. marks mentioned in

(As per the CA certificate) clause no. 4.1 (9)

(a) More than 62.48 Lakhs & up to Rs. 2.0 Crore 5 marks

(b) More than Rs. 2.0 Crore & up to Rs. 3.5 Crore 10 marks

(c) More than Rs. 3.5 Crore & up to Rs. 5.0 Crores 15 marks

(d) Above Rs. 5.0 Crores 20 marks

Experience of operation and maintenance of standalone Max 25 Document

Public/Community Toilet blocks or Pay & Use toilet marks mentioned in

Blocks for a minimum one-year duration during the last clause no. 4.1 (7)

five financial years (i.e.2021-22 to bid Due Date) with

Government or Semi-Government Departments or

Urban Local Bodies or PSUs having a minimum

public toilets under the Contract.

(Note: - The project experience related to O&M of public

toilets in office buildings or housekeeping contracts shall not

be considered as a valid experience for this tender)

(a) Upton 3 projects 10 marks

(b) 4 to 5 projects 15 marks

(c) 6 to 7 projects 20 marks

(d) >7 projects 25 marks

Average workers on the payroll of Bidder’s firm in last Max 20 Self-Certification

one financial year marks by the bidder with

(a) More than 68 and up to 90 workers 05 marks PF Challan copies

(b) More than 90 and up to 110 workers 10 marks and ECR of last full

(c) More than 110 and up to 130 workers 15 marks financial year (i.e.

Above 130 workers 20 marks 01st April 2025 to

31st March 2026)

Presentation before the technical committee Max 10 Power point

constituted by the Authority marks presentation

a) Understanding the scope of work covering all the

b) Technical capacity of the firm evaluation factors

c) Proposed workforce plan

d) Proposed monitoring and execution plan of the project

Note: Non submission of any document mentioned in this clause may lead to disqualification of the Bidder.

In case of any misinterpretation or discrepancy or disagreement in the Interpretation of any criteria or condition

or clause mentioned herein, the Interpretation of the Authority shall govern.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

5. Method of Selection

5.1 The Employer has proposed and resolved - Quality cum Cost Based Selection (QCBS) system for

selection of the Successful Bidder. The weightage of Technical and Financial proposal shall be 60%

and 40% respectively.

5.2 Stage 1a: Pre-Qualification

Pre-qualification assessment shall be conducted as per clause 4. Only those bidders who fulfils the

Pre-qualification criteria will be considered for Technical Evaluation in Stage 1b.

5.3 Stage 1b: Technical Evaluation

Bidders will be evaluated on the parameters mentioned in the Clause 5. (Technical Evaluation Criteria)

and a technical score (St) shall be given out of 100. Bidders, whose have scores at least 60 marks

(Minimum marks) out of total 100 marks from the technical evaluation criteria would be considered as

Technically Qualified Bidder. However, the Authority reserves right to reduce the criteria of Minimum

marks for Technical Qualification, if no bidder gets minimum marks or even for wider participation.

Financial Bid of technically qualified bidders shall be opened in stage

(Calculations will be adjusted to two decimal places)

5.4 Stage 2: Financial Evaluation

The lowest evaluated Financial Proposal – F(L1) is given the maximum financial score (Sf) of

The formula for determining the financial scores (Sf) of all other Proposals is calculated as following:

Sf = 100 x F(L1)/ F(b), in which “Sf” is the financial score, “F(L1)” is the lowest price, and “F(b)” the

price bid under consideration.

(Calculations will be adjusted to two decimal places)

5.5 Calculation of Total Score and Selection of Successful Bidder

The weights given to the Technical (T) and Financial (P) Proposals are: T = 60%, and P = 40%

Proposals are ranked according to their combined technical (St) and financial (Sf) scores using the

weights (T = the weight given to the Technical Proposal; P = the weight given to the Financial Proposal;

T + P = 100%) as following: S = St x T + Sf x P.

(Calculations will be adjusted to two decimal places)

5.6 The bidder securing the Highest Total Score (H1) will be considered as the Successful Bidder. This is

subject to the conditions that the cost of deployment of workforce is not less than the latest Minimum

Wages (Inclusive of applicable benefits such as VDA, EPF, ESI, Bonus) as per the Minimum Wages

Act and other applicable labour laws as on bid due date. Such Bids which are less than the minimum

wages, shall be out-rightly rejected. In such case the Employer may consider the bidder with next

Highest Total Score which is in confirmation with the minimum wages as mentioned above for

determination of Successful Bidder.

5.7 In-case of a tie in the highest Total Score; the bidder with a higher technical score will be qualified, on

further tie the bidder with higher average annual turnover of last 3 consecutive financial years will be

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

5.8 The Successful Bidder will be selected and awarded the Contract for the proposed work as per process

defined and stipulated in this Tender Document.

5.9 Authority may hold further negotiations with the Preferred Bidder before the issuing of Letter of

6. Test of Responsiveness

6.1 Prior to evaluation of Bids, the Employer shall determine whether each Bid is responsive to the

requirements of the Tender. A Bid shall be considered responsive if;

(a) The bid documents submitted are duly signed on all the pages by the Authorized signatory and

with the stamp of Bidder’s firm;

(b) it is received as per formats prescribed in the annexures provided in this Tender Document;

(c) original copy of the Tender Fees and EMD is submitted Tender conditions;

(d) bank solvency certificate is submitted as per Tender conditions;

(e) it is received by the Bid Due Date including any extension thereof pursuant to Clause

(Schedule of Bidding Process);

(f) it is accompanied by the Power of Attorney for Authorised signatory to sign the Bid, Tender and

other relevant documents to be submitted, in accordance with the format provided in Annexure.

(g) it contains all the information and documents (complete in all respects) as requested in this

Tender and mandatory documents as listed below;

• All Annexure provided in this tender document;

• copy of valid incorporation certificate or Partnership deed or Shop license whichever is

• copy of Pan card, GST, EPF, ESIC registration;

• copy of audited reports or financial statements (Balance sheet, and Profit and Loss

statement) certified by CA, or CA certificate;

• Submission of Anti-collusion, Undertaking and Affidavit as per prescribed formats provided

in the Annexures.

(h) it contains information in formats same as those specified in this Tender;

(i) it does not contain any condition; and

(j) it is not non-responsive in terms hereof.

6.2 Bidders shall also submit details of their proposed work methods and schedule, in sufficient detail so

as to demonstrate the adequacy of the Bidder’s claims to meet the requirements.

6.3 The Employer reserves the right to reject any Bid which is non-responsive and no request for alteration,

modification, substitution or withdrawal shall be entertained by the Employer in respect of such Bid.

Provided, however, that the Employer may, in its discretion, allow the Bidder to rectify any infirmities

or omissions if the same do not constitute a material modification of the Bid.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

7. Joint Venture/Consortium

7.1 The Employer has not allowed any sort of Joint Venture (JV) or Consortium for the proposed project

in this Tender Document.

8. One Bid per Bidder

8.1 Each Bidder shall submit only one bid, by himself. A Bidder who submits or participates in more than

one bid for the particular Works will be disqualified.

9. Cost of Bidding

9.1 The Bidder shall bear all costs associated with the preparation and submission of his bid and the

Employer will in no case be responsible or liable for those costs.

10. Submission of Financial Offer

10.1 The Financial Bid wherein the Bidder shall quote and submit its Financial Offer for the proposed work

of Tender for appointment of agency to Operate and Maintain the Public toilets and Community toilets

located in the jurisdiction of Gandhinagar Municipal Corporation as per the MoHUA SBM and Water+

guidelines, shall be submitted Online only.

11.1 Bidders are highly encouraged to visit all the community and public toilets as per the list provided in

this tender document to assess the as is situation. Bidders who wish to do such assessment shall

inform to GMC prior their visit.

11.2 While submitting the Bid the Bidder shall be deemed to have inspected and examined the service area

and fix its price taking into account all relevant conditions, risks, contingencies and other

circumstances which may influence or affect the proposed Project. The bidder shall submit a

declaration as per “Annexure – 15 Site Visit Certificate” of the tender document.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

B. Bidding Documents

12. Contents of Bidding Documents

12.1 The Bidding Documents are those stated below, and these should be read in conjunction with any

Addenda issued in accordance with Clause

Notice Inviting Bids

Section I: Introduction to Bidders

B. Bidding Documents

C. Preparation of Bids

D. Submission of Bids

E. Bid Opening and Evaluation

F. Award of Contract

Section II: Conditions of Contract

H. Time Control

I. Quality of Service

J. Cost Control

K. Completion of the Contract

Section III: General Requirements and Scope of Work

Section IV: Annexures

Annexure 01 - Format for Covering Letter-Cum-Project Undertaking

Annexure 02 - Particulars of Bidder

Annexure 03 - Technical Capacity of Bidder

Annexure 04 - Financial Capacity of Bidder

Annexure 05 - Format for Power of Attorney for Signing of Bid

Annexure 06 - Format for Anti-Collusion Certificate

Annexure 07 -Format for Bank Guarantee for Bid Security / EMD

Annexure 08 - Information regarding current litigation

Annexure 09 - Template of Undertaking

Annexure 10 - Template of Affidavit

Annexure 11 - Anti-Black Listing Certificate

Annexure 12 - Draft Contract Agreement

Annexure 13 - Undertaking

Annexure 14 - Document Checklist

Annexure 15 - Site Visit Certificate

Section V: Schedules

Section VI: Reporting Format

Section VII: Financial Bid

12.2 The Bidder is expected to examine carefully the contents of the Bidding Documents. Failure to comply

with the requirements of bid submission will be at the Bidder’s own risk. Pursuant to clause 35 and

clause 37, bids which are not substantially responsive to the requirements of the bidding documents

will be rejected.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

13. Clarification of Bidding Document

13.1 Any queries or request for additional information concerning this Tender shall be submitted in writing

by speed post/courier/in-person and by e-mail so as to reach the Officer designated in Clause 1.5 on

or before last date for receiving queries as specified in clause 1.5 (2). The communications shall clearly

bear the following identification/title and submit the queries in below format:"

Subject: Queries/Request for Additional Information: “Tender for appointment of agency to

Operate and Maintain the Public toilets and Community toilets located in the jurisdiction of

Gandhinagar Municipal Corporation as per the MoHUA SBM and Water+ guidelines (Second Call)”

Format for submission of pre-bid queries

S. No Reference (Clause No., Clause as per Tender Query / Clarification requested

13.2 The Employer at its discretion will opt to respond to any request for clarifications which he receives in

advance prior to the dead line for receiving queries as per the clause 1.5 (2). Copies of the Employer’s

response will be forwarded to all purchasers of the bidding documents, including a description of the

13.3 In the event of any conflict or discrepancy within the bidding document, the priority of documents

forming the document shall be as below

1. Instructions to Bidders

2. Tender Notice

3. The Conditions of Contract

4. Scope of Work

14. Amendment of Bidding Documents

14.1 At any time prior to the deadline for submission of Bids, the Employer may, for any reason, whether

an own initiative or in response to a clarification requested by a prospective Bidder modifies the Bidding

Documents by issuing corrigendum / addendum.

14.2 Any Corrigendum / Addendum thus issued shall be part of the bidding documents pursuant to sub-

clause 14.1, and it will be notified in writing and will be binding on them. Prospective Bidders shall

acknowledge receipt of each addendum by email / letter to the Employer.

14.3 To afford prospective Bidders reasonable time in which to take the addendum into account in preparing

their bids, the Employer may, at its discretion, extend the deadline for the submission of bids, in

accordance with Clause

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

C. Preparation of Bids

15. Language of Bid

15.1 The Bid prepared by the Bidder and all correspondence and documents relating to the Bid exchanged

between the Bidder and the Employer, shall be written in the English language. Supporting documents

and printed literature furnished by the Bidder may be written in another language, provided that they

are accompanied by an accurate translation of the relevant passages in English language, in which

case, for purposes of interpretation of the Bid, the English translation shall govern.

16. Documents comprising the bid

16.1 The bid submitted by the Bidder shall comprise the following: Bid Form and Annexure to Bid; Bid

required to be Comprehensive and submitted by Bidders in accordance with these Instructions to

16.2 The Bidder shall prepare and submit the Bid documents comprising the Bid as described in Clause

of this Tender document.

17.1 Unless stated otherwise in the bidding documents, the Contract shall be for the whole work as

described in the Section III of this tender document, based on the schedule and prices submitted by

has to quote the monthly rate for supply of workforce and materials, which will be summarized to obtain

the total monthly rate payable by the authority to the appointed agency for providing the services as

per the scope of this tender.

17.3 All duties, taxes and other levies (excluding GST) applicable as on bid due date payable by the

Successful Bidder under this Contract or for any other cause shall be included in the bid price

submitted by the Bidder. The evaluation and comparison of bids by the Employer shall be made

the services as per the Tender Condition. In case of unreasonably high bid, GMC may seek detailed

price justification and invite qualified Bidder for rate negotiation, if deemed necessary, based on their

quoted prices prior to the issuance of Work Order. Further, If the rates received are considered

abnormally low or unreasonably high, GMC reserves the right to take action as per the following sub-

clauses, or as per clause 45, reject any or all Bids; abandon/Cancel the tender process and issue

another tender for the identical or similar work.

17.5 Any Bid Price that appears unreasonably low, up to the extent that it raises material concerns with the

Authority as to the capability of the Bidder to perform the Contract at the offered Bid price, shall be

consider as Abnormally Low Bid Price. In the event of identification of a potentially Abnormally Low

Bid Price, the Authority shall seek written clarification from the Bidder, including a detailed price

analyses of its bid price in relation to the subject matter of the contract, scope, delivery schedule,

allocation of risks and responsibilities and any other requirements of the tendering document. After

evaluation of the price analysis, in the event that Authority determines that the Bidder has failed to

demonstrate its capability to perform the contract for the offered Bid price, Authority shall reject the

Bid. The decision of the Municipal Commissioner, GMC regarding this shall be final and binding to all

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

price must be entered out clearly in both figures and in words in the spaces provided during the online

submission. For any correction required in FIN FORM 01, the authorised signatory shall sign the

document on behalf of the bidder.

18. Currencies of Bid and Payment

18.1 The unit rates and prices shall be quoted by the Bidder entirely in Indian Rupees.

19. Bid Due Date

19.1 Bids should be submitted on or before Date and time as specified in the schedule of Bidding Process

19.2 The Employer may, in its sole discretion, extend the Bid Due Date by issuing an Addendum in

accordance with Clause 14 uniformly for all Bidders.

20. Bid Validity

20.1 Bids shall remain valid for a period, 180 (one hundred and eighty) days after the Bid Due Date (BDD)

of submission of the Bid.

20.2 In exceptional circumstances, prior to expiry of the original bid validity period, the Employer may

request that the Bidders to extend the period of validity for a specified additional period. The request

and the responses thereto shall be made in writing. A Bidder may refuse the request without forfeiting

its bid security. A Bidder agreeing to the request will not be required or permitted to modify his Bid, but

will be required to extend the validity of its Earnest Money Deposit (EMD) for the period specified, in

compliance with Clause 21 in all aspects.

21. Earnest Money Deposit (EMD) / Bid Security

21.1 The Bidder is required to submit a Bid Security (hereinafter referred as “Earnest money Deposit” or

“EMD”) of the amount mentioned in the NIT, which shall remain valid for a period of 30 (thirty) days

beyond the validity of the Bid.

21.2 The Earnest Money Deposit (EMD), at the Bidder’s option, shall be deposited in the form of Demand

Draft (DD)/ Pay Order / Fixed Deposit receipt (FDR)/ Bank Guarantee (BG) in favour of Gandhinagar

Municipal Corporation/ Deputy Municipal Commissioner, Gandhinagar Municipal Corporation

payable at Gandhinagar from any Nationalized/Scheduled Bank in India as per list of Government of

Gujarat Rules. The EMD in the form of Cash/Cheque would not be accepted.

• In case, if the Bidder wish to submit EMD in the BG format, the Bidder shall have to consider the

Format of BG provided in the Annexure of the Tender Document.

21.3 Any bid not accompanied by an acceptable EMD shall be summarily rejected by the Employer as non-

21.4 The EMD of unsuccessful Bidders will be returned within 30 days after the expiration of the period of

bid validity or approval of bid, whichever is earlier.

21.5 The EMD of successful bidder shall be released if the Security Deposit is submitted by the Successful

Bidder in the form of Bank Guarantee as per this Tender conditions.

21.6 The EMD may be forfeited:

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

(a) If a Bidder withdraws or amends its Bid or derogates from the Bid in any respect during the period

of bid validity, or

(b) If the Bidder does not accept the correction of his bid price, pursuant to Clause 41, or

(c) In the case of a Successful Bidder, if the Bidder fails within the specified time to comply the

instruction given in the letter of acceptance, or

(d) if the successful Bidder fails to furnish the required performance security within the specified

21.7 Exemptions for Tender Fees and EMD, if any, shall be applicable as per the Government policies.

However, necessary documents/certificates shall have to be submitted pertaining to the eligibility to

avail such benefits under any government schemes/policies.

22. Alternative Bids

22.1 Bidders shall submit bids, which comply with the Bidding Documents. Alternative bids will not be

considered. The attention of Bidders is drawn to the provisions of clause 37 regarding the rejection of

bids, which do not substantively conform to the requirements of the Bidding Documents.

23. Pre-Bid Meeting

23.1 The purpose of the meeting will be to clarify issues and to answer questions on any matter that may

be raised at that stage.

23.2 The Bidder is requested to submit any question in writing or by email, to reach the Employer before

23.3 Minutes of the meeting, including the text of the questions raised and the responses given, will be

transmitted to all purchasers of the bidding documents. Any modification of the bidding documents

listed in the Tender document, which may become necessary as a result of the pre-bid meeting, shall

be made by the Employer exclusively through the issue of an addendum pursuant to Clause 14 and

not through the minutes of the pre-bid meeting.

23.4 Non-attendance at the pre-bid meeting will not be a cause for disqualification of a Bidder. However, it

is strongly recommended to all perspective bidders to attend the pre-bid meeting to understand the

requirement of the project.

24. Format and Signing of Bid

24.1 The Bid shall be typed in English language and signed in indelible blue ink by the bidder or a person

or persons duly authorized to sign on behalf of the bidder (the Authorised Signatory). Such

authorization of signatory shall be indicated by written Power-of-attorney (in prescribed format)

accompanying the Bid. All pages of the bid shall be initialled by the Authorised Signatory.

24.2 The Bid shall contain no alterations, omissions, additions or interlineations, except those which may

be necessary to comply with instructions issued by the Employer, or as necessary to correct the errors

made by the Bidder, in which case such corrections shall be initialled by the person or persons signing

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

24.3 All page of the Bid should be bounded together, numbered, signed by the person or persons signing

the Bid and stamped. The Bid should also contain an Index having list of all contents of the bid

submitted with their page numbers. If the bidder submits its Bid documents unbounded or without page

numbers, the Employer will assume no responsibility for the misplacement any content of the bid. The

Physical copy of the bids that submitted without proper binding, index/table of content, page

number and signatures as mentioned hereinabove may qualify for Rejection of Bid.

24.4 Bidders should attach clearly marked and referenced continuation sheets in the event that the space

provided in the prescribed forms in the Annexures is insufficient. Alternatively, Bidders may format the

prescribed forms making due provision for incorporation of the requested information.

24.5 Considering the file size restrictions in the procurement site, bidder may have to split the technical bid

document into multiple files. In such cases, bidder shall arrange the files as per the sequence of the

Technical Bid and name the PDF file accordingly. For example, if the bidder has to split the overall bid

document into five parts, the bidder may name the file name “Technical Bid – Part I”, “Technical Bid

– Part II” etc.

25. Adherence to requirements while submitting Bid

The following conditions shall be adhered to while submitting the bid:

25.1 Information supplied by a Bidder in the Bid, must apply to the Bidder only; and not to Member or

Associate not named in the Bid, unless specifically requested by the Employer; and

25.2 In responding to the Bid submission, Bidders should demonstrate their technical capabilities and

financial capacity in accordance with Clause 4 of this Tender Document.

25.3 All Bidders are cautioned that Bids containing any deviation from the contractual terms and conditions,

specifications or other requirements and conditional Bids shall be summarily REJECTED. The Bidders

should clearly mention in forwarding letter that his offer does not contain any conditions, deviations

from terms and conditions stipulated in the tender.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

D. Submission of Bids

26. Online Submission of Bid

26.1 Employer intends to carry out Bidding Process online via e-tendering portal. Bidders may download

Tender document from the e-tendering portal of Employer i.e. www.nprocure.com.

26.2 Bidder are required to submit scanned copy of original documents for Tender fees and EMD and

scanned copy of its Technical Offer as per clause no.

26.3 Bidder are required to submit their Financial Offer through online mode in the form available on the

26.4 For any assistance on the use of Electronic Tendering System, Bidders may get in touch at help desk

numbers provided on the portal. Bidders are requested to kindly mention the URL of the Portal and

27. Physical Submission of Bid

27.1 Physical copy of Bids shall be submitted in prescribed format mentioned in Clause 24, in the name of

the Concern Officer as mentioned in the Clause 1.5.

(a) Envelopes shall bear the following markings on the Envelope:

Bid For: Tender for appointment of agency to Operate and Maintain the Public toilets and Community

toilets located in the jurisdiction of Gandhinagar Municipal Corporation as per the MoHUA SBM and

Water+ guidelines (Second Call). Tender Reference No. ____/ 2026-27, dated ___/___/2026

Do not Open Before: - {Bidder to specify Technical Bid opening date mentioned on the e-tendering portal}

27.2 Bidders are required to submit the Bid as per instructions given in Clause

27.3 In addition to the information required in Sub-Clauses 27 above, the inner envelope shall indicate the

name and address of the Bidder to enable the Bid to be returned unopened in case it is declared “Late”

pursuant to Clause

27.4 If the outer envelope is not sealed and marked as above, the Employer will assume no responsibility

for the misplacement or premature opening of the bid.

27.5 The physical submission of bid documents shall be made via Registered Post / Speed Post / Courier

28.1 Bids are invited in two-envelope system. The Comprehensive Tender shall be submitted in sealed

envelope, super scribing the name of Work/Service mentioned in the Tender notice.

28.2 Full name and address of the Bidder shall be written in the bottom left corner of each envelope.

28.3 The envelope shall contain the following:

Envelope ‘A’ (Blank Tender Document Fee and EMD): This envelope should contain, Original copy

of Demand Draft (DD)/ Pay Order / Fixed Deposit receipt (FDR)/ Bank Guarantee (BG) for Blank

Tender Document Fee and Earnest Money Deposit, as applicable, to be furnished by the Bidder. If the

Bidder is proposing to submit EMD in Bank Guarantee (BG) form, then same should be submitted in

prescribed format as provided in Annexure

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

Envelope ‘B’ (Technical Offer): This should contain all the documents mentioned as below from ‘1’

to ‘14’. This envelope may contain other documents also such as Technical bids, drawings, any other

as mentioned in the Tender notice.

(1) List of all the documents enclosed in the envelope;

(2) Covering Letter-cum-Project Undertaking in prescribed format provide in Annexure 1;

(3) Details of firm(s) in Annexure 2;

(4) Details of works experience of the bidder as per Annexure 3 and Templates for providing

details of Eligible Projects;

(5) Details of Financial status of the bidder as per Annexure 4;

(6) Original Power of Attorney authorizing the person to sign the Tender and Bid documents in

prescribed format provided in Annexure 5;

(7) Anti-Collusion certificate on Bidder’s Letterhead as prescribed in format provided in

(8) Information regarding current litigation in prescribed format provided in Annexure 8;

(9) Undertaking in the form prescribed in Annexure 09 and duly signed by a person holding a

valid Power of Attorney;

(10) Affidavit on a non-judicial stamp paper of appropriate value as per Annexure 10;

(11) Anti-Black listing certificate on a non-judicial stamp paper of appropriate value as per

(12) Document checklist with reference page number as per Annexure

(13) Other documents to establish the eligibility as per Clause 4 of this document.

(14) Site Visit Certificate as per Annexure

Envelope ‘C’ (Financial Bid): This envelope shall contain dully filled FIN Form 1 only (FIN Form

should not be submitted in physical form) in prescribed formats provided in the Tender Document.

Covering Envelope: All three envelopes 'A', 'B' and ‘C’ shall be put together in a common sealed

envelope subscribing on it, name of Work and the name and address of the Bidder.

29. Important Points to be Noted by the Bidder

(a) On receipt of blank Tender form, the Bidder should ensure that no corrections or over writings or

erasures are left for attestation by the competent authority of the Corporation.

(b) The Financial Bid shall be inclusive of all taxes (excluding GST) applicable as on date to be paid

by the Bidder for the Work/Service and claim for extra payment on any such account shall not

be entertained.

(c) Any change that will be made in the Tender paper by the competent authority after issue of the

Tender will be intimated to the Bidder in the form of Corrigendum/Addendum for incorporating

the same in the tender before submitting the tender.

(d) The Financial Bid should be written both in words and figures at appropriate places on the e-

the Physical Copy of the Bid or if the bidder have uploaded its Financial Offer as part of the

Technical proposal, its bid shall be rejected outright.

(e) No alterations and additions anywhere in the tender Document are permitted. If any of these are

found, the tender may be summarily rejected. The Bidder should get its doubts cleared during

pre- bid meeting/conference only.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

(f) In case of a partnership firm, each partner or power of attorney holder shall sign the Tender. The

power of attorney of person signing the Tender shall be enclosed with the tender. The power of

attorney shall be signed by all partners.

(g) In case of private limited/public limited companies, the power of attorney shall be supported by

board resolutions and appropriate and adequate evidence in support of the same shall be

(h) All pages and pasted slips should be signed by the Bidder.

(i) No page shall be added or removed from the set of Tender Document.

(j) The Bidder shall be deemed to have studied the schedule of Works/ Services/ Items/ Quantities/

Rates, all plans, specifications, terms and conditions, shall inspect and examine the service area

and its surrounding and shall satisfy itself before submitting its Tender as to the nature of the

ground and subsoil (so far as is practicable), the form and nature of the service area, nature of

the Work/Service and equipment necessary for the completion of the Works/Services and means

of access to the service area, the accommodation it may require and in general shall itself obtain

all necessary information as to risk, contingencies, obligations under the Contract and all matter

and things necessary for proper completion and maintenance of the Works/Services. No extra

charges shall be paid consequent on any misunderstanding.

(k) The Bidder shall submit the Tender which satisfies each and every condition laid down in this

Tender notice, failing which the Tender will be liable to be rejected.

(l) Conditional Bid will be summarily rejected.

30. Deadline for Submission of Bids

30.1 Bids shall be submitted at the address stipulated in Clause 1.5 in this Tender document, not later than

date and time as defined in Clause 1.5 and schedule specified on the e-tendering portal.

30.2 The Employer may, at his discretion, extend the deadline for the submission of Bids by amending the

Bidding Documents in accordance with Clause 14 in which case all rights and obligations of the

Employer and Bidders previously subject to the original deadline will thereafter be subject to the

deadline as extended.

31.1 Any Bid received by the Employer after the deadline for submission of Bids prescribed by the

Employer, pursuant to Clause 30, will be declared “Late” and rejected and kept unopened in the record.

32. Modification and Withdrawal of Bids

32.1 The Bidder may modify or withdraw his Bid after the Bid’s submission, provided that written notice of

the withdrawal is received by the Employer prior to the deadline prescribed for submission of Bids.

32.2 The Bidder’s modification or withdrawal notice shall be prepared, sealed, marked and delivered in

accordance with the provisions of Clause 27 with the outer and inner envelopes additionally marked

“Modification“ or “Withdrawal” as appropriate. A withdrawal notice may also be sent by fax / email but

must be followed by a signed confirmation copy.

32.3 No Bid may be modified by the Bidder after the deadline for submission of bids.

32.4 Withdrawal of bid during the interval between the deadline for submission of bids and the expiration of

the period of bid validity specified in the Form of Bid may result in forfeiture of Bid Security pursuant

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

E. Bid Opening and Evaluation

33. Bid Opening

33.1 Technical Bid submitted online and Technical Envelope shall be opened in the presence of Bidders'

representatives who chose to attend at the date, time and location as specified in the Clause 1.5 . The

record of the meeting must include the signatures of the Bidder’s representatives and representatives

of the Employer.

33.2 Envelopes marked “Withdrawal” shall be opened and read out first. Bids for which an acceptable notice

of withdrawal has been submitted pursuant to Clause 32.1 shall not be opened.

33.3 The Bid of the Bidder who have not submitted an acceptable form of Tender Fee and Bid Security will

be summarily rejected.

33.4 Employer may request qualified Bidders to make a presentation including understanding work program

and methodology.

33.5 The Envelope 'C' (Financial Offer) of only those Bidders, who would be considered to be substantially

responsive to the requirements as specified in this Tender, shall be opened on date at time as specified

on e-tendering portal or any other convenient date to be notified by the Employer.

34.1 Information relating to the examination, clarification, evaluation and comparison of Bids and

recommendations for the award of a contract shall not be disclosed to Bidders or any other persons

not officially concerned with such process, until the award to the successful Bidder has been

announced. Any effort by a Bidder to influence the Employer’s processing of bids or award decisions

may result in the rejection of the Bidder’s bid.

35. Preliminary Examination of the Bids

35.1 The Bidder shall provide all the information sought under this Tender. The Authority will evaluate only

those Bids that are received in the required formats and complete in all respects. Incomplete and/or

conditional Bids shall be liable to rejection.

35.2 Prior to the detailed evaluation of bids, the Employer will determine whether;

Bidder is able to meet the eligibility criteria;

Bid has been properly signed;

Bid is accompanied by the required securities;

Bid is substantially responsive to the requirements of the bidding documents; and

Bidder has provided any clarifications and / or substantiation that the Employer may require

pursuant to Sub-clause 36.1.

35.3 A substantially responsive bid is one which conforms to all the terms, conditions and specifications of

the bidding documents, without material deviation or reservations. A material deviation or reservation

(i) which effects in any substantial way the scope, quality or performance of the Works;

(ii) Which limits in any substantial way, inconsistent with the bidding documents, the Employer’s rights;

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

(iii) Whose rectification would affect unfairly the Comprehensive position of other Bidders presenting

substantially responsive bids.

35.4 If a bid is not substantially responsive it will be rejected by the Employer and may not subsequently

be made responsive by correction or withdrawal of the nonconforming deviation or reservation.

Conditional bids will be deemed to be not substantially responsive and may be rejected by the

35.5 If certain details are not explicitly certified in the submitted documents, the employer may, at its

discretion, derive the required information from the submitted documents for the purpose of eligibility

assessment. Such assessment shall be final and binding on the bidders.

35.6 Notwithstanding the above, the Employer reserves the right to accept or reject any variation or

deviation in the submitted tenders if such irregularity does not materially deviate from the terms,

conditions and specifications of the bidding documents, and if it will not affect unfairly the

Comprehensive position of other Bidders, and if it is in the Employer’s interest to do so. This shall be

binding on all tenderers and the Employer reserves the right of such deviations.

36. Clarification of Bids and Contacting the Employer

36.1 To assist in the examination, evaluation of Bids, the Employer may, at its sole discretion, seek

clarifications from any Bidder regarding its bid, including breakdown of rates. In case of documents

concerned with regard to qualification criteria, after submission of the tender, only related shortfall

documents may be asked for and considered by the Employers at its discretion.

36.2 Such clarification(s) shall be provided within the time specified by the Employer for this purpose. The

request for clarification and responses to the requests shall be in writing, and no change in the price

or substance of the Bid shall be sought, offered or permitted, except as required to confirm the

correction of arithmetic errors discovered by the Employer in the evaluation of the bids in accordance

36.3 However, notwithstanding the above, the Employer is not bounded to ask for shortfall information /

document and in absence of any information / document as required as per the tender conditions the

Employer may reject the bid as per the tender conditions.

36.4 If a Bidder does not provide clarifications sought under Clause 36.1 above within the prescribed time,

its Bid shall be liable to be rejected. In case the Bid is not rejected, the Employer may proceed to

evaluate the Bid by construing the particulars requiring clarification to the best of its understanding,

and the Bidder shall be barred from subsequently questioning such interpretation of the Employer.

36.5 No post-bid clarification at the initiative of the bidder shall be entertained.

36.6 Subject to Sub Clause 36.1, no Bidder shall contact the Employer on any matter relating to its bid from

the time of the bid opening to the time the Contract is awarded.

37. Rejection of Bid

37.1 The Bid(s) are liable to be rejected if the Bidder:

(a) Does not submit Blank Tender Document Fee in the form as prescribed in this Tender;

(b) Does not submit the EMD in the form as prescribed in this Tender;

(c) Does not submit the any information / document / certificate / declaration etc. as called for in all

the Annexures of this Tender;

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

(d) Does not provide details / documents of work experience as mentioned Annexure 3 of this

(e) Does not provide financial details / documents as mentioned Annexure 4 of this Tender;

(f) Does not submit the Power of Attorney for Authorised Signatory authorising to sign the Bid as

per Annexure 5 of this Tender, if applicable;

(g) Does not submit Anti-Collusion Certificate as per Annexure 6 of this Tender;

(h) Does not submit Information regarding current litigation as per Annexure 8 of this Tender (If

(i) Does not submit the required undertaking on non-judicial stamp paper of appropriate value as

per Annexure 9 of this Tender;

(j) Does not submit affidavit on Stamp Paper of appropriate value as per Annexure 10 of this Tender

(k) Does not submit the required certificate regard Anti-Blacklisting as per Annexure 11 of this

Tender Document

(l) Does not disclose the full names and address of all its partners in case of a partnership concern;

(m) Fails to initial corrections;

(n) Fails to fill Comprehensively all the Performa provided in the Tender including Performa of tender

(o) Tries to contact the Municipal Corporation on any matter relating to its Tender, or tries to

influence the Municipal Corporation in its decision on Tender evaluation, Tender comparison or

Contract award, from the time of Tender opening to the time of Contract award.

(p) Stipulates any condition in the Tender;

(q) Stipulates the validity period less than what is stated in the form of Tender;

(r) Does not quote rates inclusive of applicable taxes, charges, etc. (Excluding GST)

(s) Does not sign every page of Tender with seal of company/firm.

(t) Quotes financial offer for deployment of workforce below the latest Minimum Wages (Inclusive

of all applicable benefits such as EPF, ESI, Bonus etc.) as per the Minimum Wages Act and as

per applicable labour laws

demonstrate its capability to perform the contract for the offered Bid price. The decision of the

Municipal Commissioner, GMC regarding this shall be final and binding to all the bidders.

(v) Does not submit its bid in confirmation to all applicable labour laws.

38. Shortlisting of Bidders

38.1 Shortlisting of the bids shall be as per the criteria defined in clause no. 4 and clause no.

39. Opening of Financial Bids/Offer

39.1 The Employer will open the Financial Bids of all the Technically Qualified Bidders.

39.2 On such date, the Financial Offer Submitted online shall be opened and the rates shall be read out.

The Employer does not intend to open Financial Offer (specifically FIN Form 2) and only Financial

Offer submitted online shall be considered for evaluation of Financial Bids of the Technically Qualified

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

40. Evaluation and Comparison of Bids

40.1 The Employer will evaluate and compare only the Financial Offers of those bidders who are

determined substantially responsive in accordance with Clause 35 and qualified in accordance with

Clause 4. In evaluating the bids, the Employer will determine for each bid the Evaluated Bid Price by

adjusting the bid price as follows:

(a) Making any correction for errors pursuant to Clause 41;

(b) Applying any discounts offered by the Bidder.

40.2 The Employer reserves the right to accept or reject any variation, deviation. Variations, deviations and

other factors which are in excess of the requirements of the bidding documents or otherwise result in

the accrual of unsolicited benefits to the Employer shall not be taken into account in the Bid evaluation.

40.3 The Bidder securing the Highest Total Score shall be considered for award subject to the condition

that the Bid Price shall not be abnormally low or seriously unbalanced in relation to the market rate or

Authority’s estimate.

40.4 If the Bid Price of the Successful Bidder is abnormally low or seriously unbalanced in relation to the

Employer’s estimate of the cost of work to be performed under the Contract, the Employer may in such

cases seek written clarifications from the Bidder, including detailed price analyses of its Bid price in

relation to scope, schedule, resource mobilization, allocation of risks and responsibilities, and any

other requirements of the Tender. The bidder may be called upon for negotiations as deemed

necessary prior to award of the work based on its quoted rates.

1. After evaluation of the response from the Bidder, the Employer may require that the amount of the

Security Deposit set forth in Clause 48 be increased at the expense of the successful Bidder to a

level sufficient to protect the Employer against financial loss in the event of default of the successful

Bidder under the contract, or

2. After evaluation of the response from the Bidder, if it is determined that the Bidder has substantially

failed to demonstrate its capability to deliver the contract at the offered price, the Employer reserves

the right to reject the Bid/ Proposal.

40.5 While quoting the cost of deployment of workforce, the Bidder shall consider the latest Minimum

Wages as applicable for various categories of labour. Any Bid which is below the latest Minimum

Wages (Inclusive of applicable benefits such as EPF, ESI, Bonus etc.) as per the Minimum Wages Act

and as per applicable labour laws, shall be outright Rejected.

41. Correction of Errors

41.1 Bids determined to be substantially responsive will be checked by the Employer for any arithmetic

errors. Arithmetical errors will be rectified on the following basis.

1. Bidders are required to quote the monthly rate both in figure and words. If there is a discrepancy

between the unit rate quoted in figures and words, the rates quoted in words shall prevail, unless the

amount expressed in words is related to an arithmetic error, in which case the amount in figures shall

prevail subject to and below.

2. If the amount mentioned in figures is considerably more than the amount mentioned in words, the

decision of the Employer to be extend to reject Financial Offer and Bid of such Bidder shall be final

and binding on the Bidders.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

41.2 The amount stated in the Form of Bid will be adjusted by the Employer in accordance with the above

procedure for the correction of errors and, shall be considered as binding upon the bidder. If the bidder

does not accept the corrected amount of bid, its bid will be rejected, and the bid security may be

forfeited in accordance with Clause 21.6.

42. Proprietary data

42.1 All documents and other information supplied by the Employer or submitted by a Bidder to the

Employer shall remain or become the property of the Employer. Bidders are to treat all information as

strictly confidential and shall not use it for any purpose other than for preparation and submission of

their Bid. The Employer will not return any Bid or any information provided along therewith.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

F. Award of Contract

43. Acceptance of Bid

43.1 Acceptance of Tender on behalf of the Employer shall be done by the Concern Officer duly appointed

by the Municipal Commissioner, Gandhinagar Municipal Corporation.

43.2 The Employer is not bound to accept the lowest or any tender. The Employer reserves the right to

reject any or all Bids received without assigning any reason whatsoever.

44.1 The Employer will Award the Contract to the Successful Bidder as per the criteria defined in clause

no. 4 and clause no.

45. Employer’s Right to Accept Any Bid and to Reject Any or All Bids

45.1 Notwithstanding Clause 34, the Employer reserves the right to accept or reject any bid, and to annul

the bidding process and reject all bids, at any time prior to award of Contract, without thereby incurring

any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders

of the grounds for the Employer’s action.

46. Notification of Award

46.1 Prior to expiration of the period of bid validity prescribed by the Employer, the Employer will notify the

successful Bidder by fax / email, confirmed by registered letter, that his bid has been accepted. This

letter, hereinafter referred to as the “Letter of Award”, shall name the sum (if required) which the

Employer will pay the Contractor in consideration of the Works to be executed by the contractor as

prescribed by the Contract (hereinafter and in the Conditions of Contract called “the Contract Price”)

46.2 The notification of the award will constitute the formation of the Contract

46.3 Upon furnishing of Performance Security by the successful Bidder, the Employer will promptly notify

the other Bidders that their bids have been unsuccessful.

46.4 Upon completion of all the formalities by the successful Bidder, the Employer will issue "Notice to

proceed" mentioning date of start and intended date of completion.

46.5 Date of start of work shall be 30 days from the date of issuance of LOA.

47. Signing of Agreement

47.1 At the same time that the Employer notifies the Successful Bidder that its Bid has been accepted, the

Employer will send the Bidder the Form of Agreement provided in the bidding documents,

incorporating all agreements between the parties.

47.2 Within 30 (Thirty) calendar days from the date of issue of the Letter of Award, the successful Bidder

shall sign the Form of Agreement, in duplicate, on non-judicial stamp paper of value as per regulation

of the Government of Gujarat and return it to the Employer. One copy of the signed agreement will be

provided to the successful Contractor, and the original will be retained by the Employer.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

48. Security Deposit/ Performance Security

48.1 Within 15 (Fifteen) calendar days from the date of issue of the Letter of Intent /Letter of Award from

the Employer, the Successful Bidder shall furnish to the Employer a Performance Security as per

clause 66. The form of bank guarantee from nationalized bank to be provided should be in accordance

with the format specified in the Tender Document.

48.2 Failure of the Successful Contractor to provide the requisite Security Deposit in accordance with the

requirements of Clause 48.1 shall constitute grounds for annulment of the Award and forfeiture of the

Bid Security made at the time of bidding.

49. Corrupt or Fraudulent Practices

49.1 It is required that Bidders/Contractors under the contracts, observe the highest standard of ethics

during the procurement and execution of such contracts. In pursuance of this policy, the Employer:

(a) Defines for the purposes of this provision, the terms set forth below as follows:

1) "Corrupt Practice” means behaviour on the part of officials in the public or private

sectors by which they improperly and unlawfully enrich themselves and/or those close

to them, or induce others to do so, by misusing the position in which they are placed,

and it includes the offering, giving, receiving or soliciting of anything of value to influence

the action of any such official in the procurement process or in contract execution;

2) “Fraudulent Practice” means a misrepresentation of facts in order to influence a

procurement process or the execution of a contract to the detriment of the Borrower, and

includes collusive practice among Bidders (prior to and after bid submission) designed

to establish bid prices at artificial non-Comprehensive levels and to deprive the Borrower

of the benefits of free and open competition;

3) “Coercive Practice” means impairing or harming or threatening to impair or harm,

directly or indirectly, any person or property to influence any person’s participation or

action in the Bidding Process;

4) “Undesirable Practice” means (i) establishing contact with any person connected with

or employed or engaged by the Employer with the objective of canvassing, lobbying or

in any manner influencing or attempting to influence the Bidding Process; or (ii) having

a Conflict of Interest; and

5) “Restrictive Practice” means forming a cartel or arriving at any understanding or

arrangement among Bidders with the objective of restricting or manipulating a full and

fair competition in the Bidding Process.

(b) Will reject a proposal for award if it determines that the Bidder recommended for award has

engaged in corrupt or fraudulent practices in competing for the contract in question;

(c) Will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded

contract if at any time it determines that the firm has engaged in corrupt or fraudulent practices

in competing for, or in executing contract.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

Section II – Conditions of Contract

Terms for the purpose of execution of the contract are defined in the Condition of the Contract Capital initials

are used to identify defined terms.

• The Acceptance is the date when the Contract came into existence upon receipt by the Contractor

of the Letter of Acceptance issued by the Employer.

• The Commencement Date means the date when the Contractor shall commence its Operations.

• The Commissioner means Municipal Commissioner of Gandhinagar Municipal Corporation,

• The Competent Employer is the Person or Persons appointed by the Employer/Council and notified

to the Contractor, who shall be responsible for supervising the Contractor, administering the

Contract, certifying payments due to the Contractor, and awarding extensions of time. The Council

may also appoint any Person or Persons to assist the Competent Employer and provide project

management Operations for this Contract. Any Person or Persons appointed by the Council to carry

out the responsibilities of the Competent Employer and assist it, shall be termed as the “Competent

Employer’s Representative”.

• The Completion Date is the date when the Employer notifies the Contractor that the contract period

• The Contract is the contract between the Employer and the Contractor.

• The Contract Data defines the documents and other information given under this section which

• comprises the Contract.

• The Contract Period means the tenure of the Contract, upon completion of which this Contract

terminates. The tenure is said to have commenced from the Commencement Date and terminates

on the Completion Date or the Termination Date, as applicable.

• The Contractor is a person or corporate body whose bid to carry out the Works has been accepted

by the Employer.

• The Contractor's Bid is the Comprehensive bidding document submitted by the Contractor to the

• The Council means MUNICIPAL CORPORATION Gandhinagar or Gandhinagar Municipal

• The Contract Price is the monthly amount stated in the Letter of Acceptance and thereafter as

adjusted in accordance with the provisions of the Contract.

• The Contract Amount is the total amount for the services to be provided by the Contractor for the

• The Contract Amount is the total amount for the services to be provided by the Contractor for the

Contract Period.

• Days are calendar days; Weeks are calendar weeks; Months are calendar months.

• The Debris means building material, sludge, desilting material, excavated material, rags, rubbish

• The Defect is any part of the services not provided/satisfactorily provided in accordance with the

• The Defect Notice Period is the period stated in the condition of contract within which the Employer

may notify the Contractor of a Deficiency pursuant to Clause

• The Defects Correction Period is suitable time period from the time of receipt of information by the

Contractor of the Employer’s notice to correct any Defects in the work pursuant to Clause -

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

• The Dry Garbage means any recyclable garbage consisting of plastic, metal, thermocol, foam,

glass, Rexene, battery cells, paper, cloth, etc. and as defined by the MSW Rules,

• The Employer means Gandhinagar Municipal Corporation which is the first party who will employ

the Contractor/Contractors to carry out the Works.

• The Equipment is the Contractor's machinery and vehicles brought to the service area for collection

and transportation of Waste/Silt etc.

• The Facilities means all utilities and structures constructed within the Service Area responsible for

effective delivery of service/operation as per contract provisions.

• The Good Operating Practices means the standards, practices, methods and procedures as

practiced in India and conforming to all technical requirements, law, directive, clearances and the

requirements of any Employer and that degree of skill, diligence, prudence and foresight which would

reasonably be expected from a skilled, prudent and experienced Contractor, engaged in the same

type of undertaking under the same or similar circumstances as the Contractor pursuant to this

• The Household means family catered by one kitchen. In case of Hostels, eating joints every

individual will be considered a household.

• The Intended Completion Date is the date on which it is intended that the Contractor shall

Comprehensive the obligation under the contract. The Intended Completion Date may be revised

only by the Employer by issuing an extension of time.

• The Law includes any constitutional provision, statutes, laws, decrees, ordinance, subordinate

legislation, orders, rules or regulations having the force of law and rules of civil and common law and

• The Letter of Acceptance means the document from the Council addressed to the Contractor

indicating acceptance of the Contract Price and its acceptance of the Contractor as the preferred

Party to carry out the Operations under this Contract.

• The Notice to Proceed is the notice issued by the Employer to the Contractor to proceed with

operations and services. Whenever possible the Notice to Proceed will be issued by the Deputy

Municipal Commissioner immediately upon signing of the Contract, or as soon thereafter as is

feasible considering the availability of the Site and other relevant factors.

• The Operations means the maintenance of the Facilities and/or System including manning,

operating, inspection, repair, redress of complaints and other operations required for fulfilling the

Contractor’s obligations under the Contract.

• The Operating Year means each successive period, the first such period commencing on the date

on which the operations period commences and ending three hundred and sixty-five (365) days later,

and each subsequent period commencing on the expiration of the previous period and ending at the

end of the duration mentioned above.

• The Party means either the Council or the Contractor; one of the parties to this Contract, and

“Parties” means both the parties to this Contract.

• The Person means any natural person, firm, Council, company, voluntary association, partnership,

joint venture, trust, incorporated organization, unincorporated organization, Employer or other entity,

having legal capacity to sue and be sued in its name.

• The Residents means all habitants of the area including but shall not be limited to residents/hotels

and restaurants / shopkeepers / establishments / institutions including community places, open

spaces, unoccupied houses etc./ industrialists and all such persons who are responsible for

generation of Municipal Solid Waste.

• The Security Deposit means the deposit provided by the Contractor, as a performance guarantee

under this Contract.

• The Service Area means in relation to operations under this Contract, the area located within the

jurisdiction of Gandhinagar Municipal Corporation.

• The Site handing over Date is the date upon which the Employer shall give possession of all parts

of the Site to the Contractor.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

• The Start Date is the date when the Contractor can commence work on the Contract.

• The Successor Contractor means the Council and any Person appointed by the Council to become

the Contractor of the Facilities and/or System following the Termination Date or Completion Date, as

the case may be.

• The Tax means the Indian Tax, duty, levy, service charge and other charges whatsoever charged,

imposed or levied by Central, State or Government of Gujarat or any Employer together with any

interest and penalties in relation thereto.

• Temporary Works are works designed, constructed, installed, and removed by the Contractor which

are needed for providing the conservancy and sanitation services in the area.

• The Termination Date means the date on which the Contract is terminated by way of defaults of

either the Council or the Contractor, or as a result of a Force Major event, or as indicated in these

Conditions of Contract

• A Variation is an instruction given by the Employer which varies the scope of services.

• The Wet Garbage means any biodegradable garbage consisting of vegetable waste, food waste,

garden waste, coconut shells, wood pieces, egg shells, bones, flesh, used cotton, dust, etc. and as

defined by the MSW Rules,

• The Works means the operation and services in service area as per the scope of work in this tender.

50. Interpretation

50.1 In interpreting these Conditions of Contract, singular also means plural, male also means female, and

vice versa. Headings and cross-references between clauses have no significance. Words have their

normal meaning under the language of the Contract unless specifically defined.

50.2 The documents forming part of the Contract shall be interpreted in the following order of priority:

1. The Signed Form of Agreement

2. The Letter of Acceptance

3. The Conditions of Contract

4. The General Requirements & Scope of Work

51. Language and Law

The language of the Contract is English and the Law which shall govern the conduct of the Contract and

according to which the Contract shall be construed is that in force in the State of Gujarat, India.

Any notification under this Contract shall be served on the party concerned when received by telex, fax, hand

delivery, courier delivery, or registered post letter at the addresses provided below:

Address of the Contractor:

Address of the Employer:

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

Municipal Commissioner,

Gandhinagar Municipal Commissioner

Pandit Deendayal Upadhyaya Bhawan,

Behind Fire Station, Sector-

Gandhinagar, Gujarat

E-mail: [email protected]; [email protected]

53.1 The Concern Officer shall be appointed by the Municipal Commissioner of the Employer and notified

to the Contractor, is designated by the Employer to represent the Employer in all dealings with the

Contractor concerning the operation/service, including administering the Contract, certifying payments

due to the Contractor, issuing and valuing Variations to the Contract, awarding extensions of time, and

valuing the Compensation Events. So far in this case the Municipal Commissioner, Gandhinagar

Municipal Corporation.

53.2 The Contractor shall designate in writing to the Employer a representative if the Authorised Signatory

in whose name the Power of Attorney (POA) submitted in the Bid is not the same Person, to be its

representative in all dealings with the Employer concerning the work.

54. Communications

54.1 Communications between parties which are referred to in the conditions are effective.

1. For day to day works complaints and compliance by mobile, phone etc. shall be borne by the

2. For important matters a written communication will be sent.

55. Subcontracting

55.1 Sub-contracting of the whole or part of the work defined under this Contract Agreement is not allowed

by the Employer. During the execution of the Contract, if the Appointed Agency is found to be sub-

contracting the total work or part of the overall scope of work, the Contract may be terminated by the

Authority and may also blacklist the Appointed Agency.

56. Personnel / Workforce to be deployed

56.1 The Contractor shall provide required workforce as defined in Schedule B of this Tender Document

to deliver the services proposed in this Contract Agreement on full-time basis. The Contractor shall

ensure to keep record of the workforce deployed for the work proposed in the Contract Agreement.

1. Contractor is expected to carry out basic documentation and maintain updated records for each of

the workforce employed / deployed for the work proposed in the Contract Agreement and submit the

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

same as per the requirement of HETS and Swachh Bharat Mission / Swachh Survekshan as and

Contractor should get Background Verification (BGV) check carried out and /or obtain Police

Clearance Certificate (PCC).

Necessary and basic documents e.g. Aadhar card, driving license, Address proof (present &

permanent address), PAN details, Bank account details, blood group, etc. shall be maintained

for each of the employee deployed.

56.2 The Contractor shall be fully responsible and liability for the work performance of the workforce

according to good industry practices and standards. The Contractor shall act as prime employer for all

the workforce employed for the proposed work. The persons employed by the Contractor shall not in

any case be treated as employees of the Employer nor is the Employer answerable to Contractor’s

staff. The Contractor’s staff shall not stake /agitate for any claim/ benefits of employment with the

Employer at any time within the Contract Period nor in future. The Contractor shall be solely

responsible for the payment of wages/ salary along with extending benefits such as Provident Fund

(PF), Insurance and Bonus in accordance with the applicable Labour Welfare Act and Laws.

The Contractor shall also be responsible to extent benefits of minimum three government

schemes for welfare of the Sanitation Workers employed for the work. The Contractor shall share

the details of the benefits extended to the Sanitation Workers and workforce as and when

required and requested by the Employer.

The Contractor shall also ensure to carry out at least twice a year (or frequency as stipulated in

the applicable labour Welfare Act or Laws, if applicable), medical health check-up for the

Sanitation Workers.

56.3 The Employer may demand additional workforce beyond the required strength of the workforce as

specified in the Schedule B of the Tender Document, in case of emergencies or special requirements

during different functions of GMC or other Competent Employer(s) or Vibrant Gujarat or national /

international conventions etc. The Contractor shall be equipped to provide the additional workforce at

a short notice period of 72 hours also. The Contractor shall be paid for the additional workforce

deployed for specific time as per clause 78.15 (Payments) of this Tender Document

57. Contractor's Risks

57.1 Except as provided in Clauses 58 and 60, the Contractor shall be responsible for all risks of loss or

damage to physical property and of personal injury and death which may arise during and in

consequence of its performance of the Contract.

58. Employer's Risks

58.1 The Employer shall be responsible for excepted risks which are (a) insofar as they directly affect the

execution of the work in the Employer's country, the risks of war, hostilities, invasion, act of foreign

enemies, rebellion, revolution, insurrection or military or usurped power, civil war, riot, commotion or

disorder (unless restricted to the Contractor's employees), and contamination from any nuclear fuel or

nuclear waste or radioactive toxic explosive.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

59.1 The Contractor shall effect and maintain at its own cost, during the Contract Period, such insurance(s)

for such maximum sums as may be required under the Contract Agreement and the Applicable Laws,

and such insurances as may be necessary or prudent in accordance with Good Industry Practice. The

Contractor shall also effect and maintain such insurances as may be necessary for mitigating the risks

that may devolve on the Employer as a consequence of any act or omission of the Contractor during

the Contract Period. The Contractor shall procure that in each insurance policy, the Employer shall be

a co-insured and that the insurer shall pay the proceeds of insurance as per instructions issued by the

Employer, as the case may be.

60. Indemnities

60.1 Each party shall be liable for and indemnify the other Party against losses, expenses and claims for

loss or damage to physical property, personal injury, and death caused by his own acts or omissions.

60.2 Notwithstanding Clause 60.1 above, the Contractor shall be solely responsible for and shall indemnify

and hold harmless the Employer from and against all claims, liabilities and costs of action in respect

of injury to or death of any person in the employment of the Contractor.

60.3 The Contractor shall indemnify and hold the Employer harmless against all third-party claims of

infringement of industrial design or intellectual property rights arising from the use or provision of the

works, including any Plant, machinery or equipment or any part thereof.

61. Contractor to Provide the Service

61.1 Contractor is to provide the services as specified in the scope of work in this Contract Agreement.

62. The Service to be provided during Contract Period

62.1 Contract Period shall be 2 (two) years from date of Work Order, which shall be subjected to the yearly

performance evaluation as mentioned in Clause 72. The Contract Period shall be extendable by

another 1 (One) year based on the performance of the Contractor pursuant to Clause

62.2 Details regarding Contract Period and provision for extension of the Contract Period is specified in the

Clause 72 of the Contract Agreement.

63. Staff Deployment Plan

63.1 The Contractor appointed shall be responsible to prepare Staff Deployment Plan (herein after referred

as “Deployment Plan”) in consultation with Sanitation Superintendent, GMC. The detailing expected

in the Plan is to prepare a list of staff members to be deployed for providing services in all the toilets.

It should clearly specify the workers name, assigned toilet and days on which he/she would serve (i.e.,

Mon-Sat, Week off on Sunday). The plan should also specify the list of equipment and materials

deployed at each toilet. The Deployment Plan shall be internally reviewed and approval of Dy.

Municipal Commissioner, GMC shall be taken before giving consent to the Contractor to start work.

63.2 The Contractor shall be responsible to prepare the Deployment Plan within 30 (thirty) days from the

date of issuance of Letter of Intent (LOI)/Letter of Award (LOA) issued by the Employer and obtain its

approval from the authority prior to signing of the Contract Agreement.

63.3 In case the Contractor fails to prepare and submit the Deployment Plan, GMC shall take disciplinary

action including levy of penalty as deemed appropriate by the Municipal Commissioner, GMC.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

63.4 Details of the arrangements made by the Contractor to deliver services and work shall be specified in

the Deployment Plan in order to provide efficient and satisfactory level of services.

63.5 Materials and tools needed to deliver services shall be purchased by the Contractor.

63.7 Handing over the waste collected in the dustbins of toilets to the waste collector (appointed by GMC)

shall be the responsibility of contractor. The waste shall be in segregated manner.

63.8 The Deployment Plan shall be revised monthly, quarterly, half yearly or yearly, as deemed necessary

by the Employer

64.1 The Contractor is responsible for the safety of all its activities on the Site including safety and security

of its workforce.

65. Discoveries

65.1 Anything of historical or other interest or of significant value unexpectedly discovered on the Site is

the property of the Employer or the Competent Employer. The Contractor shall notify the Employer of

such discoveries and carry out the Employer's instructions for dealing with them.

66. Security Deposit

Criteria for security Deposit

66.1.1 Contractor shall have to pay amount equivalent to 5% (five per cent) of the final and negotiated

Contract value or Rs. 32,87,835 /- (Rupees Thirty Two Lakh Eighty-Seven Thousand and Eight

Hundred and Thirty-five Only), whichever is higher, as Security deposit in form of Bank Guarantee

(“BG”) from any Nationalized or Scheduled Bank as per list of Government of Gujarat, payable at

Gandhinagar in favour of “Gandhinagar Municipal Corporation”/ “Deputy Municipal

Commissioner, Gandhinagar Municipal Corporation”. Such BG shall be valid for period

equivalent to the Contract Period + 06 months.

Renewal of the BG or furnishing fresh BG shall be the sole responsibility of the Contractor to be

carried out well in advance and before expiry of the previous/in effect BG. Contractor should give

an undertaking stating that it shall carry out timely renewal of the BG and well in advance (at least

30 days) before expiry of the previous/in effect BG, without the Employer issuing reminder letter

for such action. If the contractor fails to renew the BG, it shall be considered as contractor event

of default and may result into termination of agreement.

66.1.2 Employer shall return the EMD not later than 45 days of furnishing BG towards Security Deposit.

66.1.3 In case the Contractor fails to render services as per scope of work defined the Contract

Agreement or breaches any terms and conditions of the Agreement, the Employer shall forfeit the

Performance Security Deposit by encashing the BG and shall terminate the Contract Agreement.

66.1.4 Appropriation of Security Deposit

Upon occurrence of a Contractor default or non-payment of taxes, duties, fees, charges, bills, etc. of said

premises, by due date, to the concerned authorities, the Employer shall, without prejudice to its other rights

and remedies hereunder or in law, be entitled to invoke and appropriate the relevant amounts from the security

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

deposit (“EMD, or SD”) as damages for such Contractor default. Upon such invocation and appropriation from

the security deposit, the Contractor shall, within 15 (fifteen) days thereof, replenish, in case of partial

appropriation, the security deposit to its original level, and in case of appropriation of the entire security deposit

provide a fresh security deposit, as the case may be, and the Contractor shall, within the time so granted,

replenish or furnish fresh security deposit as aforesaid failing which the Employer shall be entitled to terminate

the Contract Agreement in accordance with clause 66.1. Upon replenishment or furnishing of a fresh security

deposit, as the case may be, as aforesaid, the Contractor shall be entitled to an additional Cure period of

(thirty) days for remedying and Contractor default, and in the event of the Contractor not curing its default

within such cure period, the Employer shall be entitled to encash (SD - BG) and appropriate such security

deposit as damages, and to terminate Contract Agreement in accordance with relevant provisions for

66.1.5 Release of Security Deposit

The Security Deposit shall be returned as specified terms and condition under Clause 66 of the Contract

Agreement. The Employer shall return the Bank Guarantee to the Contractor within 30 (thirty) days after having

successfully completed the Contract or from the date of issuance of completion certificate, whichever is later.

No interest shall be paid on any Security Deposit payable under this Contract Agreement.

If the Contract Agreement is terminated due to any event other than Contractor event of default, the

Performance Security deposit shall subject to the Employer’s right to receive or recover amounts if any due

from Contractor under this Agreement, be duly discharged and released to the Contractor.

67. Access to The Site

67.1 The Contractor shall allow any person authorized by the Employer access to the Site and to any place

where work in connection with the Contract is being carried out or is intended to be carried out.

68. Employer’s Responsibilities

68.1 The Employer’s Designated Officer shall supervise the Contractor’s field operations and service

delivery at all times and notify the Contractor of any defects that are found. Such checking shall not

affect the Contractor’s responsibilities. If the Contractor has not corrected a defect within the time

specified as per the contract agreement in the Competent Employer’s notice, it shall proceed as per

68.2 The Employer may,

(a) provide smart watches to the Contractor, which the Contractor shall ensure is utilized by its

workforce on all days to enable the Employer as well as the Contractor to monitoring the service

delivery on ground,

(b) Extend support the Contractor in procuring various necessary and required approvals and

permissions related to the work.

69. Contractor's Responsibilities

69.1 Contractor shall provide all services and operations as given under scope of work as per the

requirement and provisions of Water+ protocols published under Swachh Bharat Mission. The services

shall also comply to the MSW Rules, 2016 and its amendments.

69.2 The Contractor shall have to deploy required workforce and adequate material to ensure cleanliness

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

69.4 The Contractor shall follow the all-relevant guidelines of Swachh Bharat Mission, Swachh Survekshan

and Water+ protocol published by MoHUA from time to time. The Contractor shall be required to submit

all documents including list and details of workers, attendance register, cleaning register, stock

register, etc. as per the requirement of Swachh Survekshan and Water+ Protocols.

69.5 The caretaker deployed at the toilet shall maintain the complaints register. The contractor shall follow

the complaints redressal mechanism (manual or ICT based) as decided by the authority after award

69.6 The Contractors shall use any ICT based monitoring system deployed by the Employer such as HTES

(Smart Watch), m-water based monitoring or any app for monitoring of the services under the scope

of employer anytime during the Contract as suggested by the Authority.

69.7 Training of Sanitation Workers: The Contractor shall conduct training workshop for all its workers

on the subject relevant to their respective role in the project before their deployment. All the sanitation

workers shall be trained at least twice a year on the areas suggested by the Authority. All the training

workshops shall be conducted with a maximum batch size of 50 workers. The Contractor shall prepare

a training schedule to ensure all the sanitation workers are trained twice a year. The Contractor shall

be responsible to organize training programs at the venues provided by GMC and provide the

refreshments to all the participants. The trainers and motivational speakers shall be approved by the

Authority, and the Honorarium of the speakers shall be paid by the Contractor. The Contractor shall

document the training workshops and submit the training report including signed attendance sheet,

photos and full video of all the sessions conducted. The Contractor shall include all the expenses

related to the training activities in its financial quote. The Authority shall not make any additional

payment towards the same.

69.8 The Contractor shall be responsible for any damage occurring to the Municipal Corporation’s property

and general public, in case the cause is attributed to the workforce of the Contractor. The Contractor

shall have to get the same rectified at his own cost and risk, or otherwise, the Authority at the risk and

cost of the Contractor shall attend the same to. The Contractor shall ensure that none of his staff

members indulges in any activity deemed illegal or unlawful, during the working hours, the staff

members shall always be dressed in acceptable clothes. The Contractor shall ensure, at all times that

his staff members do not misbehave with the Municipal Corporation’s staff or general public while

working. The personnel found misbehaving shall be immediately removed from the work at the risk of

the contractor. The Municipal Corporation shall not be responsible for any injury/death to the staff

members deputed by the Contractor. It is the responsibility of the Contractor to ensure that his

personnel follow the safety regulations strictly, which is in force from time to time. The Contractor shall

obtain all necessary approvals, permits and licenses to operate the said service. The Employer shall

in no way be responsible for the loss occurring to the Contractor on this count.

69.10 It shall be the responsibility of the contractor to have a computerized system of operation for keeping

updated record.

69.11 The Contractor shall not modify or alter any operations/service delivery without prior written permission

of the Municipal Commissioner of the Employer.

69.12 The Contractor shall carry out its operations, so far as compliance with the requirement of the Contract

permits, so as not to interfere unnecessarily or improperly with the convenience of the public.

69.13 Carrying out its operations and shall be fully responsible for carrying out the operations in a safe and

secure manner, consistent with the law of the land, laws and regulations and directives of any

Employer and permissions.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

69.14 The Contractor shall be responsible for the safety of all its activities & its personnel on the Site and

shall be absolutely and solely responsible for any and all kinds of injuries or damages to person and

property of any description whatever may be caused by or result from the Operations carried out,

whether these may have been carried out skilfully and carefully and strictly in conformity with the

provisions of the specifications or not.

69.15 All fossils, coins, articles of value or antiquity and structures and other remains or things of geological

or archaeological interest discovered on the service area shall, as between the Council and the

Contractor be deemed to be the absolute property of the competent authority. The Contractor shall

take reasonable precautions to prevent its workmen or any other persons from removing or damaging

any such article or thing and shall, immediately upon discovery thereof and before removal, acquaint

the Competent Employer of such discovery & carry out the Competent Employer’s instructions for

dealing with the same.

69.16 The Contractor shall be responsible for deposition of all taxes required during as per the law of the

land the execution of this contract.

Amicable Settlement

70.1.1 Employer's Decision: If any dispute of any kind whatsoever arises between the Employer and

the Contractor in connection with, or arising out of, the Contract or the execution of the

operations/services or after their completion, and before or after repudiation or other termi nation

of the Contract, including any dispute as to:

(a) The meaning of the instructions herein before mentioned,

(b) The quality of the services rendered,

(c) Any opinion, instruction, determination, certificate or valuation of the Employer, or

(d) Any other question, claim, right matter or anything whatsoever in any way arising out of or

relating to the contract, instructions, conditions, orders or the failure to execute the same,

The dispute shall be referred in writing to the Municipal Commissioner, Gandhinagar Municipal

Corporation who has jurisdiction over the operations/services specified in the Contract, with a copy

to the other party. Such reference shall state that it is made pursuant to this Clause. The Municipal

Commissioner, Gandhinagar Municipal Corporation shall give written notice of his decision to the

Contractor. Such decision shall state that it is made pursuant to this Clause. Subject to the other forms

of settlement hereinafter provided, the Employer's decision in respect of every dispute or difference

so referred shall be final and binding upon the Contractor. Unless the Contract has already been

repudiated or terminated, the Contractor shall, in every case, continue to proceed with the work with

all due diligence and the Contractor shall give effect forthwith to every such decision of the Employer's

until or unless the same shall be revised in an amicable settlement.

70.1.2 Arbitration process: In case the decision of the authority is not acceptable to the service

provider, the dispute settlement shall be carried out in accordance with the Gujarat Public Work

Contracts Dispute Arbitration Tribunal Act,

Dispute Settlement

70.2.1 In the event if the dispute is not settled amicably, the matter shall be referred to the Tribunal.

70.2.2 The disputes relating to this contract, whether they arise during the progress of work or after the

completion or abandonment thereof, shall be referred to the Arbitration Tribunal, Gujarat State

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

70.2.3 The provision of Section-2 of the GPWD disputes Arbitration Tribunal Act 1992, & order issued

by the government in connection with this Act will now apply for Arbitration. (as per government

in N. & W.R.D letter no. SUT/1090/2679/K2 dtd. 9/2/94)

70.2.4 The provision of Arbitration Act shall in so far as they are inconsistent with the provision of this

act cease of to apply to any dispute arising from a works contract and all arbitration proceedings

in relation to such dispute before an arbitration, court of authority shall stand transferred to the

70.2.5 The awards declared by the arbitrator should be speaking award, giving reasons, and calculations

for every items of claims. The decision will have to be implemented by all the departments of the

state government and public sector enterprises of Gujarat (Resolution F.D.NO.

PB/1088/735/KT/Sachivalaya/Gandhinagar 5th October 1988.)

70.2.6 In case of dispute leading to the contractor or Government of Gujarat approaching to Court of

Law, it shall be within the jurisdiction where the site of work is situated

70.2.7 The reference to the arbitration proceedings under this clause shall not:

a) Preclude the authority from removing the contractor’s equipment, machineries, materials, etc. to other

place, during the period the work is stopped or suspended in pursuance of notice if any, given to the

b) Entitle the contractor to stop the progress of the work or carrying out the additional or altered work as

directed by the authority.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

H. Time Control

71. Work Program

71.1 The Contractor shall deliver services in accordance with the Deployment Plan, unless otherwise

specific change suggested by the Designated Officer of the Employer or Municipal Commissioner of

the Employer. The deployment Plan shall further be used as work program to plan activities in advance

for quarter, which shall be subject to review and amendments every quarter to accommodate the on-

ground dynamic and the Employer requirements. The following information is required to be

incorporated in the work program:

Records / List of personnel (Supervisors and Sanitation workers) and Contractor's Equipment /

Materials deployed;

Shift Timings allocated to each worker.

Complaint redressal mechanism

Seasonal changes in the work timings to ensure efficient work environment and better service

71.2 In case Employers feels that some changes are needed in the methodology of working, in the working

hours etc. the same shall be carried out in the Work Program on quarterly basis.

71.3 The Employer’s approval of the program or an updated program does not alter the Contractor’s

obligations under the Contract.

72. Extension of the Intended Completion Date

72.1 Initial Contract Period shall be 2 (two) years from date of work order. On completion of the 2 years

Contract period, based on the performance of the Contractor, the Municipal Commissioner may extend

the Contract period for another 1 (One) years.

72.2 Performance of the Contractor shall be evaluated at the end of each year during the Contract Period

of 2 years as well as at the end of each year during the extended period, if any, as per provisions of

72.3 The work executed by the Contractor shall be reviewed by the concerned department or Designated

Officer of GMC. The work executed by the Contractor shall be assessed on the basis of the

performance indicator mentioned in the table below. The Contractor shall have to qualify minimum

75% of total marks and accordingly upon qualification, the Contractor shall be eligible to continue the

work. Upon qualifying these yearly assessments and satisfactory performance of Contractor, the

Contract shall become eligible for the extension period up to 01 years. However final decision of

Municipal Commissioner, GMC to grant extension shall be binding on the Contractor. If the Contractor,

fails to achieve average score than the contract will not be renewed.

Sr. Assessment Indicator Calculation Method Max. Score

No. Score achieved

1 Attendance of the staff deployed [Number of. Shifts in which

worker is Present] / [Total

Number of Shifts to be

served in year]

2 Percentage of shifts in which [Number of. Shifts in which

Cleaning Schedule is followed by cleaning schedule is

the worker followed] / [Total Number of

Shifts in a year]

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

Sr. Assessment Indicator Calculation Method Max. Score

No. Score achieved

3 Percentage of shifts in which the [Number of. Shifts in which

worker was found wearing PPE PPE is available] / [Total

gears while working during Number of Shifts to in a year]

operational hours

4 Complaint Redressal within SLA [Number of. Complaints

resolved within SLA in a year]

/ [Total Number of complaints

received in a year]

7 Percentage of shifts in which [Number of. Shifts when all

Stock, Complaint, Cleaning and the registers were

attendance register is maintained maintained] / [Total Number

at the toilet of Shifts to in a yea]

72.4 The performance evaluation shall be used and considered for assessing the work carried out by the

agency each year during the contract duration including the extension period granted by Municipal

Commissioner, GMC. During each such year the Contractor shall have to score minimum of 75% out

of the total score, in order to earn next one year’s work.

73. Suspension of Service

73.1 Employer may at any time by written notice to the Contractor suspend further performance of the

services, whereupon the Contractor shall suspend further performance of the services to the extent

specified and shall properly ensure and protect all services in progress. Such suspension shall remain

in force till resumption of services is notified by the employer during the Contract Period. The Employer

may at any time give notice of resumption of the suspended operations/services, in whole or in part,

whereupon the Contractor shall resume its performance of that portion of the services.

74. Management / Review Meetings

74.1 The Contractor shall have to ensure that its Authorised Representative attends a management/review

meetings conducted periodically by the Employer.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

I. Quality of Services

75. Identifying Defects

75.1 The Employer through the Designated Officer, shall check the Contractor's work and notify the

Contractor of any deficiencies which are found. Such checking does not affect the Contractor's

responsibilities.

76. Correction of Defects and Compliant Redressal

76.1 The Contractor shall be responsible to address complaints or carry out minor works in the toilet during

the contract period.

76.2 The Employer shall inform to Contractor by any means of communication of any defects.

76.3 Every time information of a Defect is given, a Defects Correction Period for the notified Defect begins.

The Contractor shall correct the notified Defect within the Defects Correction Period at no cost to the

76.4 The duration of the Defects correction period for the defects that falls in the category of minor works

shall be of 24 hours. For any other defects as identified by the employer, the period shall be provided

to the Contractor after the inspection.

76.5 The Contractor shall correct Defects which he notices himself before the end of the Defects Notice

76.6 If the Contractor corrects the defects after expiry of defects notice period as mentioned in Clause

and is addressing the complaints not within the correction period, the Contractor shall be liable to pay

penalty charges or liquated damages as mentioned in the tender document.

76.7 The Employer through its Designated Officer along with Sanitation Staff of the Employer certify that all

Defects have been corrected within defect correction period.

77. Uncorrected Defects

77.1 The Employer may arrange for a Third-Party to correct a Defect if the Contractor has not corrected

even after expiry of the defect correction period at the Contractor's cost as per clause 81.6.

77.2 The Employer shall give the Contractor at least 2 days’ notice of his intention to use a third party to

correct a Defect. If the Contractor does not correct the Defect himself within this period, the Employer

may have the Defect corrected by the third party. The cost of the correction will be deducted from

Running Bills and / or Security Deposit of the Contractor on actual cost basis and / or as per Clause

81, as applicable.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

J. Cost Control

78.1 The payment to the agency shall be done by taking into consideration the service delivery of the

Contractor with respect to the scope of work. Payment will be made as per final and negotiated

monthly contract price.

78.2 The Contractor shall raise regular monthly Running Bill with all necessary attachments and

certifications as may be prescribed by the Employer, at the end of every calendar month and submit it to

Sanitation Superintendent or any other Designated officer of the Employer. While processing the

monthly payments, the Employer will review, the work carried out by the contractor as per adherence

to quality and service level benchmarks defined.

78.3 Along with the Monthly invoice, the Contractor shall be required to submit Bank Statement for Salaries

deposited in the Bank Account of its workers in the respective month. Such Bank Statement shall be

certified by the concerned bank. The Contractors shall also be required to submitted the challan / ECR

of EPF & ESIC for the respective month as suggested by the Employer from time to time. If required,

the Employer may ask to submit additional documents or information to ensure that the sanitation

workers receive all the benefits they are entitled under this contract or under the applicable law. All

such statements shall be certified by the Contractor.

78.4 Upon receipt of the invoice, the Employer will verify the Running Bill against the records indicating

satisfactory service delivery provided by the Contractor.

78.5 The concerned official at Ward level and Zone Level shall monitor the deployment of workforce,

equipment and quality of the service as per the scope of work and prepare Daily Toilet Reports (DTR)

for the same. For payment purpose, at the end of every month, the officials at ward level and zone

level shall prepare Monthly Toilet Report (MTR) for each toilet based on the Daily Toilet Reports of

their respective wards / zones and submit the same to the official at city level (head office). On the

basis of Ward level and Zone Level Monthly Toilet Reports, the Officials at city level (head office) shall

prepare the Monthly Performance Reports (MPR). The monthly payment amount payable to the

Contractor after deducting applicable penalties (if any) shall be mentioned in the Monthly Performance

Report (MPR). The concerned official at city level (head office) shall certify the monthly amount to be

paid to the Contractor under the monthly bill, taking into consideration of any penalties or liquidated

damages, if any, applicable in the month or penalties / liquidated damages levied in previous months

but not recovered.

78.6 The Municipal Commissioner shall have right to finalize the amount of penalties or liquidated damages

levied for the month considered under the bill or other penalties / liquidated damages levied in previous

months but not recovered.

78.7 The Running Bill shall be forwarded to the concerned department within the Gandhinagar Municipal

Corporation for further process. Upon verifications done by Accounts Department and Audit

Department, the Employer shall make payment for the actual services provided by the Contractor towards

the proposed work within thirty (30) days of the receipt of invoice from the service provider. However,

no Interest payment will be made for any delay in payment of bills by the authority in any

78.8 Such payment shall be subject to the Employer’s right to deduct appropriate amount as

damages/performance penalties as described in relevant section of this document.

78.9 Deductions from the Payment will be made towards Income Tax and other applicable taxes as per

provisions of the statutory authorities, in force from time to time in the State of Gujarat. The Contractor

is expected to include all such charges at the time of bidding submission.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

78.10 The Contractor shall have to submit copy of EPF and ESIC sheet for PF and insurance premium

respectively paid for the month along with respective months Running Bill. In case, if GMC observes

any difference in the EPF and ESIC payment made for the respective month and the actual payment

to be made towards EPF and ESIC, amount equivalent to difference observed shall be deducted from

Running Bill’s payment to be made for the respective month.

(a) If the Employer observes that more than one incident of difference in the EPF and ESIC payment

made for the respective month and the actual payment to be made towards EPF and ESIC; for

each such incident, then from second incident onwards, the Employer shall deduct double the

amount of difference from respective month’s Bill payment.

78.11 The Employer shall take into consideration escalation proposed by Government of Gujarat for

minimum wages for Sanitation Workers and accordingly revise the monthly payment of the Contractor

from time-to-time, as applicable. It shall be the Contractor’s responsibility to submit in written to the

Employer in advance before putting up Running Bill basis revised minimum wages as proposed by

Govt. of Gujarat from time-to-time during the Contract Period

78.12 There shall be no yearly escalation on the monthly payment payable by the Employer. The Contractor

is suggested to quote his financial offer considering estimated inflation and price escalations during

the Contract Duration.

78.13 Fuel escalation: There shall be no fuel escalation payable by the Employer to the Contractor for any

increase in fuel cost applicable to the Contractor.

78.15 GMC may allot more toilets in the service area if required. Agency shall have to operate and maintain

the additional PT/CT’s by deploying required workforce. The payment of such additional workforce

shall be made as per the applicable minimum labour wages. The payment of other maintenance cost

for the works to be carried out as per the scope of this tender shall be as per final and negotiated rates

on pro-rata bases.

78.16 GMC may reduce the number of toilets awarded to the contractor for O&M under this agreement, at

any time during the contract period by giving a notice of 30 days. The payment for O&M of such toilets

shall not be made to the contractor from the date of applicability of removal. The payments thereafter,

shall be calculated on pro-rata basis as per final and negotiated rates under the agreement. The

decision of GMC shall be final and binding to the contractor.

78.18 In case the Employer decides to appoint an Independent third party inspection agency to monitor the

project performance and Contractor’s services, the Employer shall inform Contractor to report them

and get their monthly bills verified by third party inspection agency. The cost for third party inspection

agency shall be borne by the Employer.

79.1 The amount quoted by the Contractor at the time of bidding shall be inclusive of all taxes applicable

as on date of submission excluding GST. Any increase in such taxes inclusive or any new tax

imposition during the Contract Period by the Employer, State Government or Central Government

departments related to the operations of the contractor shall be borne by the Contractor. Good and

Service Tax (GST) shall be paid to the Contractor by the Employer, as applicable from time to time.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

80.1 A Security Deposit shall be provided to the Employer in accordance with the Clause 66 of the of Tender

80.2 On Completion of the whole of the Contract, if Employer is satisfied that during the contract period and

no damage is caused to any public facility as a result of operation of the contract by the Contractor or

any of his employee then total amount retained as Security Deposit shall be repaid to the Contractor

any of his employee then total amount retained as Security Deposit shall be repaid to the Contractor

on completion of the Contract.

80.3 If the performance security deposit was submitted by the Contractor, then the same shall be returned

to the Contractor without any interest in accordance with the procedure specified in the Clause 66 of

the Contract Agreement.

80.4 The Employer may claim against the surety if any of the following occurs for 14 days or more:

(a) the Contractor is in breach of the Contract and the Employer has notified him that he is; or

(b) The Contractor has not paid an amount due to the Employer; or

(c) The Contractor has not corrected a defect as informed by the Employer; or

(d) The Contractor has not extended the validity of securities and insurance cover within required

81. Liquidated Damages

81.1 The Contractor shall pay liquidated damages (wherever applicable) to the Employer at the rates per

day stated in the following table. The Employer may deduct liquidated damages from payments due

to the Contractor. Payment of liquidated damages does not affect the Contractor's liabilities:

Sr. Instance of Breach Damages / Penalty

No. of workers absent If less than 5% of the workers are absent:

Daily minimum wage of workforce X no. of

If 5% to 10% the workers are absent: Twice

of daily minimum wage of workforce X no. of

If more than 10% the workers are absent:

Three time of daily minimum wage of workforce

X no. of absent workers

Care taker is present but not available in the toilet Rs. 200 per person per day

Workers working without apron Rs. 100 per person per day

Worker found working in toilet without wearing Rs. 250 per person per day

Non-availability of cleaning equipment with worker Rs. 500 per shift per day

as per the tender requirement

Non-availability of water in the toilets at any time Rs. 500 per shift per day

during the operational hours

Toilet not cleaned as per the cleaning schedule Rs. 500 per shift per day

Non-availability of wall mounted liquid soap Rs. 500 per shift per day

Non-availability of Liquid soap Rs. 200 per shift per day

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

If stock register, complaint register, cleaning Rs. 500 per shift per day

register and attendance register is not available or

updated on daily basis by the agency at the toilet

If the staff of the contracted agency is found Rs. 2000 per instance

burning the waste

Failed / Non-response to address the Rs. 1000 per instance

Grievance(s) received from public or suggestions

/ instructions received from GMC staff within the

SLA timeframe provided by GMC.

Rowdy, unacceptable, rude, insulting or awful

Rs. 500 per instance

behaviour of staff deployed.

Misuse of Smart Watch (Applicable if smart watch Rs. 500 per instance

provided by GMC) *Decision of the Municipal Commissioner in this

regard will be considered final.

Damage of Smart Watches or Smart Watch lost Recovering of purchase cost of Smart Watch*

(Applicable if smart watch provided by GMC) *Decision of the Municipal Commissioner in this

regard will be considered final.

Non-Availability of I Card Rs.100 per person per day

Non availability of dustbins as per the tender Rs. 500 per shift

Non-Removal of waste from the dustbins in case Rs. 500 per shift

the bin is fully filled and requires emptying of it.

Non-availability/ Broken tools or fixtures in the Rs. 1000 per day

toilet due to delayed or pending minor works

If the staff of agency or any other person on behalf Rs. 1000 per such instance

the agency found collecting user charges from the

Incidents of Power theft from the electricity Rs. 3000 per such incident

connection of toilet if reported.

81.2 The Contractor shall not pass on all the penalties directly to its sanitation workers which are due to the

negligence on part of the Contractor. However, in case of the absence of Sanitation workers on days

other than their scheduled week-off day and their entitled leaves as per the company policy, the

Contractor may deduct the wages for the absent days. It is also clarified that, in case if the Contractor

is penalised twice or thrice of the minimum daily wage when more than 5% of the workers are absent,

the Contractors shall not recover the complete penalty amount from the absent workers by deducting

twice or thrice the amount of their daily minimum wage from their salaries.

81.3 Notwithstanding the above, the amount of liquidated damage paid by the Contractor to the Employer

shall not exceed 15 per cent of the Contract Price. Eventuality of exceeding the LD / penalty beyond

15%, may lead to termination of the Contract. Decision of the Municipal Commissioner of the Employer

in this regard will be considered final.

81.4 The following officials under the Municipal Commissioner of the Employer shall be empowered to

check the work of the Contractor on day-to-day basis along with any other official as appointed by

Municipal Commissioner during the course of contract:

(1) Deputy Municipal Commissioner;

(2) Assistant Director (Sanitation)

(3) Sanitation Superintendent;

(4) Sanitation Officer;

(5) Chief Sanitary Inspector;

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

(6) Sanitary Inspector.

Any lapse, if found by any of these officials during their inspection of the area, they will record their

findings in the prescribed format and in case of non- attendance of the complaint promptly, these

officials will recommend for levy of Liquidated damages for the lapse notice.

81.5 The full amount of liquidated damage levied in a month shall be recovered from the Contractor’s bill of

81.6 If the Contractor fails to provide service(s) as per the Tender Conditions, the Municipal Commissioner,

GMC shall appoint new contractor for the respective service(s) at the risk and cost of the existing

Contractor. The cost incurred for service(s) shall be deducted from the payment of the existing

Contractor or the Security Deposit of the existing Contractor.

82. Accident / Damages / Claims / Liabilities

82.1 In the event of any accident/damage, while providing services to the corporation, the corporation shall

be completely free from any liability of any nature occurred with the accidents happened. The

contractor will be fully and exclusively responsible for any damage or loss occurred due to such

accident to any of its staff members.

82.2 The Contractor will be fully and solely responsible for any death or body injury to his staff member or

any of the people/person in the employment of the Contractor. This includes any third party claims.

82.3 The Contractor will be solely responsible for any consequences under laws, arising out on any accident

caused by his vehicles, Machinery or his employees to the property or personnel of the GMC.

82.4 The GMC shall not be responsible for any claim/compensation that may arise due to damages / injury

/ death / pilferage to the Contractor's Machinery, property or staff under any circumstances while

providing services under the Contractor.

82.5 Loss or damage to any public property between the Start Date and the End of the Contract Period is

to be mended by the Contractor at the Contractor's cost, if the loss or damage arises from the

Contractor's acts or omissions.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

K. Completion of the Contract

83.1 The Employer shall issue a certificate certifying Completion of the service to the Contractor upon

successful completion of the Contract Period, as the case may be.

84. Taking Over

84.1 The Employer shall take over the services immediately after the satisfactory completion of the Contract

85. Final Account

85.1 The Contractor shall supply to the Employer a detailed account of the total amount which it considers

85.1 The Contractor shall supply to the Employer a detailed account of the total amount which it considers

is payable to them under the Contract before the end of the successful completion of work. The

Employer is to certify any final payment which is due to the Contractor within 30 days of receiving the

Contractor's account provided it is correct and Comprehensive. If it is not, the Employer shall issue a

schedule which states the scope of the corrections or additions which are necessary. The Security

Deposit / withheld amount / retention money shall be released to the Contractor as per clause66.1.5.

86. Force Majeure

86.1.1 Any or all of Non-Political Event, Indirect Political Event and Political Event, as defined in

respective Clauses, which is beyond the control of the Party claiming to be affected thereby

(“Affected Party”) and which the Affected Party has been unable to overcome or prevent despite

exercise of due care and diligence, and results in Material Adverse Effect shall constit ute Force

Non-Political Event

A Non-Political Event shall mean one or more of the following acts or events:

(a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide,

cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionizing radiation, fire

or explosion (to the extent of contamination or radiation or fire or explosion originating from a

source external to the Project Site);

(b) strikes or boycotts (other than those involving the Contractor and/or their respective employees

/ representatives and / or attributable to any act or omission of any of them) interrupting supplies

and services to the Project Site for a continuous period exceeding 7 (seven) days, and not being

an Indirect Political Event set forth in Clause 86.3;

(c) any failure or delay of a Contractor but only to the extent caused by another Non-Political Event

and which does not result in any offsetting compensation being payable to the Contractor by or

on behalf of such Contractor;

(d) any judgement or order of any court of competent jurisdiction or statutory authority made against

the Contractor in any proceedings for reasons other than (i) failure of the Contractor to comply

with any Applicable Law or Applicable Permit, or (ii) on account of breach of any applicable Law

or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of

any of its rights under this Agreement by the Employer;

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

(e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site

that could not reasonably have been expected to be discovered through a site inspection; or

(f) any event or circumstances of a nature analogous to any of the foregoing.

Indirect Political Event

An Indirect Political Event shall mean one or more of the following acts or events:

(a) an act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy,

blockade, embargo, riot, insurrection, terrorist or military action, civil commotion or politically

motivated sabotage;

(b) industry-wide or State-wide strikes or industrial action for a continuous period of 24 (twenty-four)

hours and exceeding an aggregate period of 7 (seven) days in a Financial Year

(c) any civil commotion, boycott or political agitation which prevents the Contractor to perform its

O&M and Service Level requirement for an aggregate period exceeding 7 (seven) days in a

Financial Year;

(d) any failure or delay of a Contractor to the extent caused by any Indirect Political Event and which

does not result in any offsetting compensation being payable to the Contractor by or on behalf

of such Contractor;

(e) any Indirect Political Event that causes a Non-Political Event; or

(f) any event or circumstances of a nature analogous to any of the foregoing.

Political Event

A Political Event shall mean one or more of the following acts or events by or on account of any Government

Instrumentality:

(a) Change in Law, only if consequences thereof cannot be dealt with under and in accordance with

the provisions of this Agreement as regards Change in Law and its effect, in financial terms, the

decision of the Municipal Commissioner of the Employer shall be final and binding on the

(b) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without

valid cause, any clearance, license, permit, authorisation, no objection certificate, consent,

approval or exemption required by the Contractor to perform its obligation under this Agreement

and the Project Agreements; provided that such delay, modification, denial, refusal or revocation

result from the Contractor’s or any Contractor’s inability or failure to comply with any condition

relating to grant, maintenance or renewal of such clearance, license, authorisation, no objection

certificate, exemption, consent, approval or permit;

(c) any failure or delay of a Contractor but only to the extent caused by another Political Event and

which does not result in any offsetting compensation being payable to the Contractor by or on

behalf of such Contractor; or

(d) any event or circumstance of a nature analogous to any of the foregoing.

Duty to report Force Majeure Event

86.5.1 Upon occurrence of a Force Majeure Event, the Affected Party shall by notice report such

occurrence to the other Party(s) forthwith. Any notice pursuant hereto shall include full particulars

(a) the nature and extent of each Force Majeure Event, which is the subject of any claim for relief in

obligations only upon submitting necessary evidence in support thereof;

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

(b) the estimated duration and the effect or probable effect which such Force Majeure obligations

under this Agreement;

(c) the measures which the Affected Party is taking or proposes to take for alleviating the impact of

such Force Majeure Event; and

86.5.2 The Affected Party shall not be entitled to any relief in its obligations for or in respect of a Force

Majeure Event unless it shall have notified the other Party(s) of the occurrence of the Force

Majeure Event as soon as reasonably practicable, and in any event no later than 7 (seven) days

after the Affected Party knew, or ought reasonably to have known, of its occurrence, and shall

have given particulars of the probable material effect that the Force Majeure Event is likely to

have on the performance of its obligations under this Agreement.

86.5.3 For so long as the Affected Party continues to claim to be materially affected by such Force

Majeure Event, it shall provide the other Party(s) with regular (and not less than weekly) reports

containing information as required by Clause 86.5.1, and such other information as the other

Party(s) may reasonably request the Affected Party to provide.

Effect of Force Majeure Event on the Contractor

86.6.1 Upon the occurrence of any Force Majeure Event prior to the Appointed Date, the period set forth

for achieving Financial Close shall be extended by a period equal in length to the duration of the

Force Majeure Event.

86.6.2 At any time after the Appointed Date, if any Force Majeure Event occurs before start of the

Contract Period and the dates set forth for various project milestones shall be extended by a

period equal in length to the duration for which such Force Majeure Event subsists.

86.6.3 In case, any Force Majeure Event occurs after start of the Contract Period, there shall be no

extension of the Contract Period however the Contractor shall not be required to carry out its

obligations as provided in the Contract Agreement during the period in which such Force Majeure

Event subsists.

Allocation of costs arising out of Force Majeure

86.7.1 Upon occurrence of any Non-Political or Indirect Political or Political Force Majeure Event before

starting of Contract Period or during the Contract Period, the costs incurred upon occurrence of

the event(s), the Parties shall bear their respective “Force Majeure Costs” and neither Party

shall be required to pay to the other Party(s) any costs thereof;

86.7.2 Save and except as expressly provided in this Clause 86, neither Party shall be liable in any

manner whatsoever to the other Party(s) in respect of any loss, damage, cost, expense, claims,

demands and proceedings relating to or arising out of occurrence or existence of any Force

Majeure Event or exercise of any right pursuant hereto.

Termination Notice for Force Majeure Event

86.8.1 If a Force Majeure Event subsists for a period of 15 (fifteen) days or more at a stretch, GMC

reserves the right to terminate this Agreement by issuing a Termination Notice to the contractor

without being liable in any manner whatsoever, and upon issue of such Termination Notice, this

Agreement shall, notwithstanding anything to the contrary contained herein, stand terminated

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

Termination Payment for Force Majeure Event

86.9.1 Upon occurrence of any force majeure event, the parties shall bear their respective costs and no

party shall be required to pay to the other party any costs thereof. Neither party shall be liable in

any manner whatsoever to the other party in respect of any loss, damage, cost, expense, claims,

demands and proceedings relating to or arising out of occurrence or existence of any force

majeure event or exercise of any right pursuant hereto

Dispute resolution

86.10.1 In the event that the Parties are unable to agree in good faith about the occurrence or existence

of a Force Majeure Event, such Dispute shall be finally settled in accordance with the Dispute

Resolution Procedure; provided that the burden of proof as to the occurrence or existence of such

Force Majeure Event shall be upon the Party claiming relief and/or excuse on account of such

Force Majeure Event.

Excuse from performance of obligations

86.11.1 If the Affected Party is rendered wholly or partially unable to perform its obligations under this

Agreement because of a Force Majeure Event, it shall be excused from performance of such of

its obligations to the extent it is unable to perform on account of such Force Majeure Event;

(a) the suspension of performance shall be of no greater scope and of no longer duration than is

reasonably required by the Force Majeure Event;

(b) the Affected Party shall make all reasonable efforts to mitigate or limit damage to the other Party

arising out of or as a result of the existence or occurrence of such Force Majeure Event and to

cure the same with due diligence; and

(c) when the Affected Party is able to resume performance of its obligations under this Agreement,

it shall give to the other Party notice to that effect and shall promptly resume performance of its

obligations hereunder.

Liability for other losses, damages etc.

86.12.1 Save and except as expressly provided in this clause, neither Party hereto shall be liable in any

manner whatsoever to the other Party in respect of any loss, damage, cost, expense, claims,

demands and proceedings relating to or arising out of occurrence or existence of any Force

Majeure Event. The Employer shall propose amendments to this Agreement so as to place the

Contractor in the same financial position as it would have enjoyed had there been no such

Change in Law resulting in the Additional Cost, reduction in return or other financial burden as

aforesaid. Upon notice by the Contractor, the Parties shall meet, as soon as reasonably

practicable but no later than 30 (thirty) days from the date of notice, and either agree on

amendments to this Agreement or on any other mutually agreed arrangement. Provided that if no

agreement is reached within 90 (ninety) days of the aforesaid notice, the decision of the Municipal

Commissioner shall be final and binding on the Contractor.

87. Termination

Termination for Contractor Default

87.1.1 Save as otherwise expressly provided in this Agreement, in the event that any of the defaults

specified below shall have occurred, and the Contractor fails to cure the default within the Cure

Period set forth below, or where no Cure Period is specified, then within a Cure Period of 30 days,

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

the Contractor shall be deemed to be in default of this Contract Agreement (a “Contractor

default”). The defaults referred to herein shall include:

i. the Contractor fails to replenish or provide fresh or renew Security Deposit within a

stipulated period by the Employer;

ii. subsequent to the replenishment or furnishing of fresh Security Deposit in accordance

with relevant provision of this Agreement, the Contractor fails to cure, within a Cure

Period of 30 (thirty) days, the Contractor default for which whole or part of the Security

Deposit was appropriated;

iii. the Contractor abandons or manifests intention to abandon the Project without prior

written consent of the Employer;

iv. the Contractor has failed to make any payment towards damages to any user or any

utility within the period specified in this Agreement;

v. the Contractor repudiates this Contract Agreement or otherwise takes any action or

evidences or conveys an intention not to be bound by the Contract Agreement;

vi. change in management control of the Contractor which according to the Employer

may have material adverse effect towards the Project;

vii. the Contractor is adjudged bankrupt or insolvent, or if a trustee or receiver is

appointed for the Contractor or for the whole or material part of its assets at any time

before the Scheduled end date of Concession Period;

viii. the Contractor has been, or is in the process of being liquidated, dissolved, wound-

up, amalgamated or reconstituted in a manner that would cause, in the reasonable

opinion of the Employer, a Material Adverse Effect;

ix. the Contractor has failed to fulfil any of the conditions mentioned in this Tender;

x. the Contractor commits a material default in complying with any other provision of this

xi. the Contractor disposes the waste at undesignated site or burns the waste items;

xii. the Contractor breaches any labour laws;

xiii. the Contractor repeatedly fails to follow any instruction of given by the Authority;

87.1.2 If work performed under the scope of this tender is found unsatisfactory by Gandhinagar Municipal

Corporation (GMC), the GMC shall terminate the contract after giving notice period as per clause

87.2. In this case, decision of Municipal Commissioner for forfeiture of Security deposit/EMD etc.

and debarring/ blacklisting the agency shall be binding to the Contractor.

87.1.3 In case of activities under essential service, the contractor is not allowed to stop this work at any

point of time. However, if the contractor is willing to leave this work / contract, he should give

written notice to GMC before 120 days

87.1.4 Notwithstanding, if contractor stop / leave the work by his own discretion SD/ EMD, Amount

pending in running bill etc. shall be forfeited and additional expenditure for execution of remaining

work shall be recovered, and Agency shall be debarred / blacklisted subject to approval of

competent authority.

Procedure to issue Termination Notice

87.2.1 Without prejudice to any other rights or remedies which the Employer may have under this

agreement, upon occurrence of a Contractor default, the Employer shall be entitled to terminate

this Contract Agreement by issuing a Termination Notice to the Contractor; provided that before

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

issuing the termination notice, the Employer shall by a notice inform the Contractor of its intention

to issue such termination Notice and grant 15 (fifteen) days to the Contractor to make a

representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of

such representation, issue the termination notice.

Effect of Termination

87.3.1 Upon termination as per clause 87.1, the Contractor hereby acknowledges that no payment shall

be due or payable by the Employer. Contractor acknowledges that within 10 days of termination,

the Contractor shall handover all the assets of the employer, if any, under its possession to the

employer. Employer at its own discretion may repay the consideration already paid by the

Contractor after adjusting for any direct or indirect losses that Employer might have incurred due

to delay in completion of the Project. No liability with respect to the land or assets shall devolve

Other Rights and Obligations of the Employer

87.4.1 Upon termination for any reason whatsoever, the Employer shall:

be deemed to have taken possession and control of the services on such; and

Invoke the Security Deposit and any other Deposits as the case may be.

Upon termination during the Contract period, the Employer, at its discretion, may appoint a new

Contractor from the other qualified bidders who had participated in the Tender. The appointment

shall be done at the ongoing rate or the bidder’s quoted rate, whichever is less. First preference

shall be given to the bidder who had secured second highest Total Score as per clause no.

and clause no.5. The Employer shall take consent of such bidder before issuing the work order.

If such bidder does not provide its consent within 15 days, the Employer may take consent of

the bidders who have secured next highest Total Score. This process shall be continued till a

bidder provides its consent to offer the services at the cost as mentioned above, or till the list of

all qualified bidders is exhausted.

88. Payment of Commission, Gratuities, Rebates, Gifts

88.1 The Contractor shall have to undertake that no fees, gratuities, rebates, gifts, commissions or other

payments, other than those shown in the Bid, have been given or received in connection with the

payment process or in the contract execution.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

Section III: Generation Requirements and Scope of Work

89.1 Gandhinagar Municipal Corporation intends to introduce private participation in operation and

maintenance of its Public and Community toilets in accordance with the standards set under Swachh

Bharat Mission. The service area shall be under the jurisdiction of Gandhinagar Municipal Corporation,

and the list of toilets is provided in the Schedule-A of this Tender document.

89.2 All the figures and estimations given in this Tender are tentative and are mentioned only for assessing

the need of workforce and materials by the Contractor. Gandhinagar Municipal Corporation is not

responsible for any variance in the figures and estimates

89.3 The purpose of procuring these services is to ensure comprehensive operation and maintenance of

CT/PT at par with Water+ status protocol as defined by Ministry of Housing and Urban Affairs

(MoHUA), Government of India (GoI). The services are aimed to achieve the following;

a. Proper maintenance and upkeep of toilets

b. Make toilets clean regularly, thereby promoting usage of toilets by the Public

c. Ensuring safety and security of toilet blocks.

d. To improve the existing standards of public health and environmental quality by proper upkeep

and maintenance of toilets

e. To ensure clean and hygiene toilets in Gandhinagar.

f. To help spread the messages and advantages of clean toilets.

g. To help in making citizen of Gandhinagar a part of “Swachh Gandhinagar” Movement.

90. Scope of Work

All items / services / equipment under the scope of this Contract, unless otherwise specified, should be in

confirmation to Solid Waste Management Rules 2016, Guidelines under Swachh Bharat Mission and

CPHEEO Manual on Municipal Solid Waste Management

It is presumed that the Contractor has sufficient understanding of the required works and understands the

importance of sanitation and hygiene in the city. Though the items of work involved under this contract are

given in detail below, there may be some exigencies/ circumstances, where the Contractor may have to

perform the activities to ensure proper cleanliness in the service areas, which may not be mentioned here.

Details of the scope of work is as mentioned below;

List of toilets to be served under the scope of this tender is provided in Schedule A.

The appointed agency will be handed over the toilets in the as-is condition. The bidders are suggested

to make a field assessment prior to the bidding stage and understand the existing conditions of toilet

and shall quote accordingly.

On award of the contract, the contractor shall carry out the minor works if required inside or outside the

toilet, up to the standards acceptable to the authority.

In case of broken/unserviceable/missing fixtures or any wear & tear caused to the structure of toilet

during the course of contract period, the agency shall be responsible to undertake all the Minor works

as required within time frame provided in this tender. No additional payment shall be made to the agency

on account of the Minor works. GMC shall be responsible for all the Major works required inside or

outside of the toilet. The agency shall inform within one day of the damage to the respective SI of the

ward to carry out Major works. However, if any need arises to carry out Major works due to the

negligence of care taker or the supervisor of the agency, the authority reserves the right to deduct

expenses for such repairs and replacement from the running bills of the agency.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

“Minor works” shall include procurement and installation or repair or replacement (of non-functional

existing items) of all the items such as Taps, flush cocks in commodes and urinals, broken/damaged

commodes and Urinals, Urinal Separators, Wash Basin, leakages (from commode urinal and other

fixtures), buckets, handles, flaps of the commode, pipes attached with all the plumbing and sanitary

fixtures, jet spray, flush tanks, mirror, air freshener, exhaust fan, dustbins, glass panels installed in

ventilation window, Ventilation windows, bolting arrangements in doors, Hand wash liquid dispenser,

Hand dryer, Tissue paper dispenser, Switches, Tube Lights, Bulbs, Flood Lights, White wash, pumps in

UG water storage tank, Toiletries, Door with frames (repairing work), other civil repair works which

includes repairs of walls, flooring, skirting, pavements, ramps, stairs, minor cracks, concealed plumbing,

drainage pipe line up to the Gully Trap, electrical wiring work, overhead and underground water tanks,

paver blocks within the toilet premises, boundary/fencing around toilet premises etc. or any other

sanitary, electrical and plumbing fixtures unless otherwise specified or listed as major works.

“Major works” shall include repair and replacement of broken/damaged Sanitary Pad vending

machine, Sanitary Pad Incinerator Machine, ICT based Feedback machine, structural repair work which

includes repairs of slabs, RCC elements, Beam, Column, Pipe connection from Gully trap till nearest

manhole/septic tank, connection for water supply, Painting of walls inside and outside of toilet, , Doors

with frames (entire replacement), Sign Boards (inside and outside of toilet), etc.

The agency shall operate and maintain the toilet block to the entire satisfaction of the GMC and clean

regularly the toilet seats, flush tanks, urinals, floors, walls, ceilings, glass panels, sign boards, tube lights

and all other fixtures of the interior and exterior of the toilet. The agency shall ensure continuous

serviceability of all the Sanitary, Plumbing and Electrical installations and availability of clean water. It

shall also be ensured that the requisite quantity of cleaning materials such as phenyl, acid and

disinfectant shall be used for the toilets to look clean and usable at all time. Also, timely refill of all the

toiletries such as naphthalene balls, Urinal Mat, liquid soap, hand towels, sanitary pads, air fresheners,

etc. shall be done to ensure availability of it to all the users during the operating hours.

Deleted. Clause not in use.

The agency shall ensure availability of bucket, mug, clean & functional sanitary fittings such as tap,

Flush cock, pipes attached to toilet seats, functional bolting arrangement for locking of doors and

adequate light in each of the toilet cubicle.

The contractor shall be responsible for safety & security, cleanliness of toilets and any kind of theft or

other mishap inside or outside of the toilet. In case of theft, GMC shall reserve the right to recover the

cost from the contracted agency.

The contractor shall ensure that the toilet premises is not used for any illegal or unlawful activities.

The contractor shall have to pay the electricity bills and water consumption charges (if any) during the

contract period. The latest electricity/water bills and its payment receipt shall be submitted to GMC along

with the monthly invoice raised by the agency. In case of late payment of such bills, the agency shall

pay the applicable fines. If the agency fails to pay the electricity/water bills, GMC reserves the right to

adjust the payable amount from its running bills.

GMC has installed solar panel on few toilets. The agency is required to clean the panels on daily basis.

The agency is responsible for safety and security of solar panels. In case of theft or any other mishap,

GMC reserves the right to recover the cost from the agency.

In case the pipe supplying water to the toilets is damaged due to the construction/development activity

carried out by any of the government departments, GMC shall make available the source of water

supply. However, the water tanker vehicle shall have to be arranged by the contractor to ensure supply

of water to the toilet.

The contractor shall depute a caretaker in each public and community toilet as per the list given in this

tender document. The caretaker shall remain present as per the shift timings mentioned in this tender.

The contracted agency is not allowed to charge any user fees. In case of any such incident, suitable

penalty shall be levied by the authority.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

Shift Timings – The workforce shall be deployed in two shifts in all the public toilets (Shift 1 and shift 2)

and in three shifts in all the community toilets. The three shift timings shall be Shift 1: 6 am – 2 pm,

Shift 2: 2 pm – 10 pm and Shift 3: 10 pm – 6 am.

Cleaning and Maintenance of Toilets – Given below are the list of activities to be undertaken by the

caretaker to ensure serviceability of the toilets;

Sr. Activity Frequency

1 Cleaning, Sweeping & Mopping of floor area (Including Immediately upon usage / As per

skirting, corners and edges, around the toilet seats, etc.) instructions

inside of toilet with the Phenyl disinfectant.

2 Acid Cleaning, scrubbing and disinfecting all vitreous fixtures Once a Day/ As per instructions

including toilet bowls, urinals, basin, toilet seats, containers,

sanitary fittings, etc. Brush thoroughly to include below water

level and under rims and including areas at hinges and cistern

3 Cleaning of Stains, Spills and Footmarks on floor/toilet Immediately / As per instructions

seat/urinals/walls at anywhere in the interior or exterior of

4 Check and remove hairs, dust, dirt, waste papers, plastic Every Hour/ As per instructions

sachets or any other garbage that has caused blockages in

the urinals or toilets, or at any other place within the premises

5 Removal of Garbage from all the dustbins placed in the toilet. Once a Day/ As per instructions

6 Cleaning of interior of the toilet including, removal of Co-webs, Once a Day/ As per instructions

cleaning of ventilation windows, exhaust fans, bulbs, tube

light, sign boards, Switch boards and other electrical fixtures

7 Scrubbing and cleaning of glasses & mirrors and toilets floors, Once a Day / As per instructions

sanitary fittings, chrome fittings, etc.to a shiny finish

8 Sweeping and Moping in the exterior of toilet, within the Once a Day / As per instructions

9 Washing of all Dustbins in the premises. Daily / As per instructions

10 Refilling of all the toiletries such as Liquid Soap, Hand towel, To be checked every hour and

Sanitary pads, Naphthalene balls, Air Fresheners (Odonil or refill if required.

equivalent), etc.

11 Sweeping and cleaning the open space surrounding the toilet Once a Day / As per instructions

block. The contractor should ensure that there are no garbage

dumps created in the immediate vicinity of toilet.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

Sr. Activity Frequency

Note: - Regarding handling and transfer of Sanitary hazardous waste, the contractor shall act as per the

rules and regulations in force pertaining to it.

Posters, Hoardings or any other IEC material erected or placed in the toilet by the authority should never

be damaged or tempered by the Agency. The Agency shall replace the same at his own cost in case it

is damaged/ misplaced.

Agency shall place the posters or hoardings in the toilets as provided by the authority within given time

No staff/worker deployed by the contractor shall be allowed to reside or cook food inside the premises

and shall not misuse the electrical installations of the toilet. If any worker is found violating the conditions

of contract, suitable action as deemed fit shall be taken by the authority.

The contractor must ensure that no illegal power connections are being made from the electricity

connection of the toilet. If any such incident of power theft is reported, the contractor shall be liable for

a penalty as mentioned in this tender. In such cases, the payment of electricity bill will remain in the

scope of contractor only.

The agency shall put appropriate warning signage to avoid any accidents while carrying out the activities

as mentioned in the scope of this tender.

The advertisement rights of the toilet block shall remain with the GMC. The agency is not allowed to use

the interior or exterior of toilet to display any advertisements. In case of violation of the terms of this

contract, suitable actions shall be taken as deemed fit by the concerned GMC official.

The agency is required to procure and install the following list of items (classified as Minor

works), if they are not available in the toilets upon award of contract–

• Minimum Two Plastic dustbins (10 litres) in each section of toilet block,

• One Wall mounted Liquid Soap dispenser of standard quality in each section,

• Minimum One Air fresheners (Odonil or equivalent) in each section of toilet,

• Adequate number of naphthalene balls in each urinal,

• Mirror in each section (quantity shall be as per the need),

• Minimum 1 Tube light / light bulb (in working condition) above each cubicle,

• One exhaust fan (in working conditions) in each section,

• Functional bolting arrangement / door latch for all the cubicles,

• Sufficient stock of all the consumables.

Bidder is requested to check the condition of Community toilets and Public Toilets as per the list provided

in this tender before quoting the price, as no extra charge will be given by GMC during handing over of

The Contractor shall place at least 6 plants inside the premises of toilet block. All the plants shall

be maintained throughout the contract duration.

As a part of day-to-day monitoring of toilets, the care taker may require to update the progress of work

in a mobile application suggested by GMC. The agency should ensure proper compliance of the same.

The Contractor shall be responsible to provide Smart Phone compatible with the requirements of GMC

or MOHUA mobile application to all the caretakers.

The Contractor shall ensure that stock register, complaint register and cleaning schedule registers are

available and maintained regularly at all the toilets.

The contractor shall adhere to the ODF++/Water+ protocols as provided in the Schedule-C, such

that the score shall not be below the level of Aadarsh category of toilets.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

The agency shall do the repair work if required for any blockage in sewage pipe connecting the toilet to

the nearest manhole. In case of septic tank (if any), it should be emptied periodically. No charges for

the same shall be paid by GMC.

The possession of the entire toilet as constructed along with fittings and fixtures shall be handed over

to the GMC, on the conclusion of the agreement without causing any damage. The agency shall carry

out all the minor works wherever required, before handing over the toilet to GMC. The concerned official

shall visit and approve the conditions of toilet before taking over the possession from the agency.

Bidder is to ensure the following monitoring mechanism for better management and smooth services;

(a) Cleaning Register: This is to be maintained at the toilet by the caretaker. It is to be filled up by

the caretaker on duty and countersigned by supervisor on daily basis. The indicative format of

the cleaning schedule is provided in the Schedule VI.

(b) Complaint Register: The service provider shall maintain the register daily and resolve the

complaints immediately wherever possible. The agency shall get this register approved from the

respective ward SI on monthly basis.

(c) Stock Register: The service provider shall maintain the Stock register at the toilet on daily basis.

The agency shall get this register approved from the respective ward SI on monthly basis.

(d) Attendance Register: The service provider shall maintain the attendance of the staff deployed

in the attendance register on daily basis. The format of register is provided in the Schedule VI

Attendance of the workers deployed: In order to ensure work efficiency and the presence of deployed

workers in the respective area, the Contractor shall be required to maintain manual as well as ICT based

system (Smart Watch or Mobile Application based) for daily attendance. Attendance reports shall be

required to be submitted on monthly basis.

(a) The Employer has developed Human Efficiency Tracking System (HETS) for real time

monitoring and tracking of work on ground. Under HETS, the Employer shall provide Smart

Watch for all workers of the Contractor. The duty location of the worker will be geo-fenced in the

HETS. The system tracks the movement of workers with respect to their corresponding geo-

fenced area (duty location) during the working hours. For example, when a worker, along with

his/her allocated smart watch, enters his/her respective geo-fenced area (duty location), the

system automatically detects his/her presence and mark the attendance. Similarly, the system

also records the time when the worker leaves his/her respective duty location and the duration

for which the worker has worked.

(b) It shall be the Contractor’s responsibility to ensure that all of its Workers religiously and

judiciously use the devices provided by the Employer. All workers shall ensure to fully charge

the device with the charger provided along with it, before starting of his/her shift. The Workers of

the Contractor shall ensure that the smart watch provided to them by the Employer is not lost or

(c) In case the Smart Watch and/or its accessories are lost or damaged, intentionally or

unintentionally, while in the possession of the Contractor or its worker, the Employer shall recover

liquidated damages as specified in Clause 81 of this document from the Contractor to carry out

purchase of new devices. Decision of levy of penalty, if any, shall be of the Municipal

Commissioner and it shall be final and binding on the Contractor.

(d) If the smart watch are provided the attendance of the workers shall be considered primarily

through the attendance report generated from the Human Efficiency Tracking System (Smart

Watch). If the smart watch are not provided or in case of any discrepancies due to technical

glitches or if the smartwatch is not working, provided it is not due to any actions of the

Contractor’s worker, the attendance through the manual attendance and/or biometric attendance

system shall be considered for the purpose of payment, as the case may be.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

(e) Further, GMC will be providing the smart watches in numbers that is available with it. For the

remaining workers, other ICT based, or manual system of GMC shall be followed.

(f) However, in case of any discrepancies in all such cases, the Municipal Commissioner may

approve the attendance of all the workers/smartwatches based on the available records, and

this decision shall be final and binding to the Contractor.

Segregation of Waste: The care taker may ensure that the waste is stored in segregated manner. All

the sanitary hazardous waste must be handled carefully. Care taker shall provide the waste to the waste

collector in segregated manner.

Provision of Equipment & Tools: The Service Provider shall provide all necessary consumables, tools

and equipment to its employees to perform the cleaning services. All cost pertaining to consumables

shall be borne by the Service Provider. The Service Provider shall bring the consumables required for

the cleaning service such as mop, acid, phenyl, disinfectant, hand glows, mask, buckets, air freshener,

Sanitary Napkins, Hand Towels, toilet brush, cloth and others as required. Other list of items is as

mentioned below;

• Brush required for cleaning of Toilet, Basins and Urinals

• Solution/Liquid required for cleaning of mirrors

• Phenyl Disinfectant

The above-mentioned items are a minimum requirement. The service provider’s obligation is not limited

to the above list. The service provider shall ensure that any other things which are necessary to perform

service provider’s obligation and not listed above shall also be present on site at any time during the

contract period.

Supervisory Staff: The number of supervisors to be deployed by the Contractor shall be as per

Schedule B on the Tender document. The Contractor’s Supervisor has to report the Sanitary Inspector

of his/her respective area on daily basis and work as per the guidelines of the Sanitary Inspector. The

Supervisor should be always available in his/her allocated areas during working hours. The Supervisors

will be responsible to monitor the work done by the caretakers. If any Supervisor is on leave / week-off,

the Contractor shall be required to deploy his/her substitute at its own cost.

User Feedback: The supervisor or care taker must take feedbacks from the users. The minimum

number of feedbacks to be taken during a day shall be communicated by the concerned GMC official

after award of contract.

Provision of Apron, ID Card & PPE: The Contractor should ensure to provide at-least two pairs of

Apron once in a year for its workers. The Contractor shall also provide ID Cards to all of its workers. The

Contractor shall be responsible to provide personal protectives equipment (PPE) such as three layered

Face Mask, Protective Footwear, Hand Gloves with Nitrile Coating and Fluorescent. Different PPEs last

for different time duration depending on their quality, usage, maintenance etc. The Contractor should

maintain a register of PPE distribution and ensure PPEs are periodically replenished or provided timely

in case of damage. The Contractor can follow the advised replenishment frequency as mentioned in the

Sr. Personal Protective Equipment Suggestive replenishment frequency

1 Apron At least 2 pairs to be provided in a year

2 ID Card with holder and strap At least once during the project

4 Protective Footwear To be provided at least once in a year

5 Rubber Hand gloves To be provided at least once in 2 months

6 Three layered Face Mask To be provided as and when required

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

Notwithstanding the frequency of provision PPE item mentioned in the above table, the Contractor

shall ensure that its workers are always wearing Apron and PPE Kit and possess ID Card while working.

Failing which the penalty may be levied as specified in the relevant clause upon recommendation of the

Sanitary Inspector or the Designated Officer of the Employer. However, under exceptional circumstances

a relaxation may be provided to the female workers in wearing of apron and its associated penalty, for a

duration as decided by the Municipal Commissioner of GMC. In addition to the penalty, if the Contractors

fails to provide apron and PPE kit to the workers, the Employer may, at its discretion, provide the same

and deduct the actual cost incurred from the Monthly bill of the Contractor.

Compliance of Labour laws: The Contractor shall ensure strict compliance to all the applicable labour

laws pertaining to the Minimum Wages, working hours, overtime payment, weekly-off, Bonus, PF, ESIC,

etc. of the workers of the Contractor during the Contract period. Any violation in Labour Laws by the

Contractors shall be deemed as breach of this Contract.

During continuance of the contact, the Contractor shall abide at all times by all existing labour enactments

and rules made thereunder, regulations, notification and bye laws of the State or central Government or

local authority and any other labour law (including rules), regulations, bye laws that may be passed or

notifications that may be issued under any labour law in future either by the State or the Central

Government or the local authority. Salient features of some of the major labour laws that are applicable

to the construction industry are given below. The Contractor shall keep the Employer indemnified in case

any action is taken against the Employer by the competent authority on account of contravention of any

of the provisions of any Act or rules made thereunder, regulations or notifications including amendments.

If the Employer is caused to pay or reimburse, such amounts as may be necessary to cause or observe,

or for observance of the provisions stipulated in the notifications/bye laws/Acts/Rules/regulations

including amendments, if any, on the part of the Contractor, the Engineer/employer shall have the right

to deduct any money due to the Contractor including his amount of performance security. The

Employer/Engineer shall also have the right to recover from the Contractor any sum required or estimated

to be required for making good the loss or damage suffered by the Employer.

The employees of the Contractor in no case shall be treated as the employees of the Employer at any

SALIENT FEATURES OF SOME MAJOR LABOUR AND OTHER LAWS APPLICABLE TO

ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTIONS WORK.

A. Workmen Compensation Act 1923 :- The Act provides for compensation in case of injury by

accident arising out of and during the course of employment

B. Payment of Gratuity Act. 1972 :- Gratuity is payable to an employee under the Act on

satisfaction of certain conditions on separation if an employee has completed 5 years service or

more on death, the rate of 15 days wages for every completed year of service. The Act is

applicable to all establishments employing 10 or more employees.

C. Employees P.F. and Miscellaneous Provision Act 1952:- The Act Provides for monthly

contributions by the employer plus workers @ 10% or 8.33% The benefits payable under the Act

1. Pension or family pension on retirement or death, as the case may be.

2. Deposit linked insurance on the death in harness of the worker.

3. Payment of P.F. accumulation on retirement/death etc.

D. Maternity Benefit Act 1951 :- The Act provides for leave and some other benefits to women

employees in case of confinement or miscarriage etc.

E. Contract Labour (Regulation & Abolition) Act 1970 : The Act provides for certain welfare

measures to be provided by the Contractor to contract labour and in case the Contractor fails to

provide, the same are required to be provided, by the Principal Employer by Law. The principal

Employer is required to take Certificate of Registration and the Contractor is required to take

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

license from the designated Officer. The Act is applicable to the establishments or Contractor of

Principal Employer, if they employ 20 or more contract labour.

F. Minimum Wages Act 1948 :- The Employer is supposed to pay not less than the Minimum

Wages fixed by appropriate Government as per provisions of the Act, if the employment is a

scheduled employment. Construction of Building, Roads, Runways are scheduled employment.

G. Payments of wages Act 1936:- It lays down as to by what date the wages are to be paid, when

it will be paid and what deductions can be made from the wages of the workers.

H. Equal remunerations Act 1979 :- The Act provides for payment of equal wages for work of

equal nature to Male and Female workers and for not making discrimination against female

employees in the matter of transfer, training and promotions etc.

I. Payments of Bonus Act 1965 :- The Act is applicable to all establishments employing 20 or

more employees. The Act provides for payments of annual bonus subject to a minimum of 8.33%

of wages and maximum of 20 % of wages to employees drawing Rs. 3500/- per month or less.

The bonus to be paid to employees getting Rs, 2500/- per month or above Rs. 3500/- per month

shall be worked out by taking wages as Rs. 2500/- per month only. The Act does not apply to

certain establishments. The newly set-up establishments are exempted for five years in certain

circumstances. Some of the State Governments have reduced the employment size from 20 to

10 for the purpose of applicability of this Act.

J. Industrial Disputes Act 1947 :- The Act lays down the machinery and procedure for resolutions

of Industrial disputes, in what situations a strike or lock-out becomes illegal and what are the

requirements for laying off or retrenching the employees or closing down the establishment.

K. Industrial employment (standing Orders) Act 1946 :- It is applicable to all establishments

employing 100 or more workmen (employment size reduced by some of the State and Central

Government to 50). The Act provides for laying down rules governing the conditions of

employment by the Employer on matters provided in the Act and get the same certified by the

designated Authority.

L. Trade Unions Act 1926:- The Act lays the procedure for registration of trade unions of workmen

and employers. The Trade Unions registered under the Act have given certain immunities from

civil and criminal liabilities.

M. Child Labour (Prohibition & Regulation Act 1986 :- The Act prohibits employment of children

below 14 years of age in certain occupations and process and provides for regulation of

employment of children in all other occupations and processes. Employment of Child labour is

prohibited in Building and Construction Industry.

N. Inter – State Migrant workmen’s (Regulation of Employment & Conditions of service) Act

1979:- The Act is applicable to an establishment which employs 5 or more inter-state migrant

workmen through an intermediary (who has recruited workmen in one state for employment in

the establishment situated in another state).The inter-state migrant workmen, is an

establishment to which this Act becomes applicable, are required to be provided certain facilities

such as housing, medical aid, traveling expenses from home up to the establishment and back,

O. The Building and Other Construction workers (Regulation of employment and Conditions

of Service) Act 1996 and the Cess Act of 1996:- All the establishments who carry on any

building or other constructions work and employ 10 or more workers are covered under this Act.

All such establishments are required to pay cess at the rate not exceeding 2% of the cost of

construction as may be modified by the government. The Employer of the establishment is required

to provide safety measures at the Building or construction work and other welfare measures, such

as canteens, First Aid facilities, Ambulance, Housing accommodations for workers near the

workplace etc. The Employer to whom the Act applies has to obtain a registration certificate from the

Registering Officers appointed by the Government.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

P. Factories Act 1948 :- The Act lays down the procedure for approval of plans before setting up

a factory, health and safety provisions, welfare provisions, working hours, annual earned leave

and rendering information regarding accidents or dangerous occurrences to designated

authorities. It is applicable to premises employing 10 persons or more with aid of power or 20 or

more persons without the aid of power engaged in the manufacturing process.

Q. Royalty charges-The contractor shall pay the royalty to the competent authority as per rule. The

royalty charges paid shall be borne by the contractor and shall not be reimbursed by the

R. Following Pollution control Acts and amendments made thereof from time to time shall

1. Water (Preservation and control of Pollution) Act,

2. Air (Prevention and Control of Pollution Act

3. Environmental (Protection) Act

The contractor must commit to adopting Environmental management plan for best energy use, waste

management, the reduction of pollution as in EMS (Environmental Management system) ISO-14001-

Working on Holidays: The Contractor shall ensure that its personnel report to work every day at

designated time and schedule. The Contractor shall make provision for presence of requisite workforce

during national holidays and festivals so that the work is not affected at any place in the Service area.

The Municipal Corporation for working on holidays, national holidays and festivals will make no separate

payments. The Contractor should ensure presence of required number of workers as mentioned in the

relevant clause on all days during a year. The Contractor shall not be paid for any overtime charges for

working at late hours so as to complete the scope of work.

Provision of Week-off to the workers: Public toilets are required to be kept operational on all the days

to avoid open defecation and open urination. There cannot be any holiday in operating public toilets.

Therefore, the Contractor shall have to perform the services under the scope of this tender on daily

basis, i.e. All days of the year including National Holidays, Festivals and Sundays. This does not mean

that the Contractor’s Workers shall have no weekly off. All workers engaged must be given their statutory

weekly off, as per the relevant laws, in rotational basis instead of giving all of them their weekly off on

any single day of the week. This will necessitate the Contractor to hire additional workers to fulfil the

required number of workers to be deployed on any day if the year as per the Tender Condition. For

example, if the Contractor has to deploy 30 workers in a certain area on all days of the year and give

them weekly off on rotation basis, the Contractor will be required to hire additional 5 workers who will be

substituting the worker who are on leave.

Labour License: The Contractor has to obtain labour license within 60 days of work order. The

Contractor has to submit workmen compensation policy before starting the work.

Swachh Bharat Mission: The Contractor shall extend all and any kind of necessary support to the

Employer in Swachh Bharat Mission implementation in Gandhinagar city. The Contractor shall prepare

and submit all required documents, cleaning log books, attendance registers, etc. as required in the

Swachh Survekshan.

Civil Repair: If any civil repair required in the toilet block, Contractor needs to immediately inform the

authority for its remedial action.

Service Level Agreement (SLA) – The service provider shall be bound to resolve the complaints

received within a given time duration. Not resolving the complaints within the time duration shall attract

the penalty as provided in this tender document. The SLA for complaint redressal is given as below;

Sr.no. Description SLA

Non-availability of water at any It shall be resolved within 1 hour from the time of complaint

time during the operating hours of or upon instructions from the authority, whichever is earlier

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

Sr.no. Description SLA

Non-availability of Liquid Soap, Refill of stock shall be done within half an hour from the

Sanitary Napkin, Air fresheners time of complaint or upon consumed or upon instructions

and Naphthalene balls. from the authority, whichever is earlier

Non-availability of Dustbins Immediately upon receipt of complaint or instructions from

Non-availability of Bucket and Immediately upon receipt of complaint or instructions from

Mug in the toilet cubicle authority

Gutkha marks or stains on walls, Immediately upon receipt of complaint or instructions from

Uncleaned surfaces around authority

urinals or toilet seats.

Toilet is closed or non-operational Immediately upon receipt of complaint or instructions from

during the operating hours authority

Non-availability of Caretaker The care taker or supervisor must become available at the

toilet within half an hour from the time of complaint or upon

instructions from the authority, whichever is earlier

In case of The agency shall do all necessary minor works within

broken/unserviceable/missing hours from the occurring of such event or from the time of

fixtures or any wear & tear caused complaint or upon instructions whichever is earlier.

in the toilet during the course of

contract period, which requires

91. Other Terms and Conditions

Service Provider shall be responsible for any kind of damage to any asset during the cleaning service

and shall make good the damages or replace the damaged component, if happened due to negligence's

of their staff &/or machine.

The Service Provider shall be responsible for the safety of his/her workers and security of the tools and

tackles, equipment and other materials. The Authority shall not be responsible for any personal

injuries/accident to the workers and any loss to the Service Provider.

Manual Scavenging is strictly prohibited. The contractor shall ensure that the deployed workforce shall

not indulge in manual scavenging activity. If any such incidents reported, strict actions shall be taken

and the decision of Municipal commissioner shall be binding upon the contractor.

The persons deployed by the bidder should be properly trained, have requisite experience and skills for

carrying out a cleaning work using appropriate materials and tools/equipment. All the workers shall be

equipped with minimum cleaning tools/equipment such as mop, hard broom, Toilet Brush, etc. at any

point of time during the shift timings.

The Service Provider will be responsible for supply / installation / refilling / maintenance of all such items/

equipment used for cleaning of public toilets.

The Service Provider would be required to maintain a record of cleaning activities and keep this record

updated and current. The Authority or its agents may inspect this record at any time and may specify

changes/modifications in the format of record keeping.

The service provider shall do the Background verification of all the workers to be deployed. It should be

strictly ensured that none of its staff members have criminal charges against them. It should also be

ensured that none of its deployed staff members are involved in any illegal or unlawful activities. The

agency shall be fully responsible for the breach of this clause. GMC shall take strict actions as deemed

fit to the Municipal Commissioner and may terminate the contract in events of violation of this clause.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

The Contractor shall maintain a personnel file in respect of all the staff that is deployed in GMC site. The

personnel file shall invariably consist of personnel details such as name, DOB, sex, residential address

(temporary, permanent), Aadhar card number, contact number and all grievances recorded by the staff

The service provider has to ensure that the staff deployed is dressed in neat and clean clothes and

apron (along with the Identity cards

Each worker employed for service shall be above age of 18 (eighteen) years or above.

The contractor will provide the duty register to GMC as required. (A condition that of theft prevention

and timely reporting of any urgent developments).

The Service Provider shall provide a list of all the workers deployed on its letter head signed and

stamped by the authorised representative of the firm/company. Along with the list, a photograph and a

copy of identity proof shall be provided with proper numbering. Any changes in the workers shall be

immediately informed to the Authority in written form. The Service Provider undertakes to obtain such

permission / license as may be required under the Contract Labour (Regulation and Abolition) Act,

The Service Provider undertakes to produce the license / permission etc. The Service Provider also

undertakes to keep and get renewed such license, permission etc. from time to time. The Service

Provider shall be responsible for any contravention of the local, municipal, central, state, any other laws,

rules, regulations, etc.

The personnel engaged by the agency for this job contract will not be employee of GMC and there will

be no employer-employee relationship between GMC and the personnel so engaged by Agency. In

addition, after award of work contract, the agency shall submit an undertaking to GMC that the staff

deployed by him for the work shall have no claim for any kind of employment in GMC and the agency

shall be responsible for any dispute of any wages or any other service condition. The agency shall be

fully responsible for any compensation or any claim of the labour deployed by him for the work.

The Agency shall be wholly responsible for making payment of monthly salaries and other admissible

allowances to the personnel under Minimum Wages Act and GMC shall in no way be responsible for

meeting any kind of expenditure on salaries etc. to these personnel. As per the orders of Govt. of Gujarat

the agency is required to make the payment of salaries/wages to their employees through Cheque/bank

Transfer and copy of the same shall be submitted to Administration Dept. GMC as and when demanded.

The Agency shall follow the rules pertaining to Labour Contract, PF, ESIC, PT and it will be responsibility

of the agency to insure its deployed workforce under Group/Personnel Insurance Policy. It will be sole

responsibility of the agency to make payment to the deployed workforce as per the latest norms/rates

of minimum wages and any other admissible allowances to the personnel under any law in force. The

Payment to personnel so deployed under the contract by the agency shall not be delayed on any ground.

Agency has to draw attention to GMC for modification of minimum wages. GMC would revise rates

agreed in the agreement by agency due to modification in Minimum Wages or any admissible

allowances to the personnel under any law.

Agency is fully responsible for any accident or unforeseen event during course of provision of service.

GMC is not liable for any accident or unforeseen event.

GMC shall evaluate the performance of the agency on yearly basis. Upon satisfactory performance, the

agency shall be granted another year of service period.

The Housekeeping Agency/Service Provider, without any default, shall comply with the following

Applicable Laws during the contract period;

Minimum Wages Act,

Industrial Disputes Act,

Employees State Insurance Act,

Employees Provident Fund and Miscellaneous Provisions Act,

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

Payment of Wages Act,

Payment of Gratuity Act,

Shops and Establishment act

Professional Tax Act

Contract Labour (Abolition & Regulation) Act,

Workman Compensation Act,1923

Any other related labour laws

The Employer may demand additional workforce beyond the required strength of the workforce as

specified in this tender document, in case of emergencies or special requirements during different

functions of GMC or other Competent Employer(s). The Contractor shall be equipped to provide the

additional workforce at a short notice period of 24 hours also. The Contractor shall be paid for the

additional workforce deployed for specific time as per minimum wages act, including PF/ESIC /Bonus

etc. as applicable. Also, if required the agency shall deploy the workforce for working on holidays which

shall be paid separately based on the minimum wages.

The Employer shall take into consideration modification proposed by Government of Gujarat for

minimum wages for Sanitation Workers and accordingly revise the monthly payment of the Contractor

from time-to-time, as applicable. It shall be the Contractor’s responsibility to submit in written to the

Employer in advance before putting up Running Bill basis revised minimum wages as proposed by Govt.

of Gujarat from time-to-time during the Contract Period

There shall be no yearly escalation on the monthly payment payable by the Employer

If the services of the contractor are not satisfactory, GMC either itself or may hire other agency for

providing certain or complete services of the scope of this tender and the payment of the same shall be

done by deducting the amount from the outstanding bills/Security deposit of the appointed agency.

Sub-contracting of the whole or part of the scope of this tender is not allowed. In case any sub-contractor

is noticed by GMC, the agreement will be terminated, and the Contractor may also be blacklisted.

The service provider shall make separate arrangements to store its stock of materials and tools.

However, materials to meet the daily needs of the toilet shall be allowed to keep within the premises. It

should be ensured that the premises remain unoccupied and clean at all the time of its operating hours.

All employee must be covered under WC policy.

93. Methodology of Working

Storage of Equipment

93.1.1 The Contractor shall ensure to identify space for storage of its equipment and materials within the

jurisdiction of GMC. Safe keeping of the equipment shall be the sole responsibility of the

Contractor. In case of loss or damage, no claim of the Contractor shall be entertained by the

Operation and Maintenance of Equipment

93.2.1 It shall be the responsibility of the Contractor to maintain and repair its own equipment. All

equipment used in the work shall be kept reasonably clean and aesthetically acceptable to the

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

No Littering by Contractor’s Staff

93.3.1 The Contractor shall also issue instructions to its staff not to throw waste or garbage or spit on

public streets, roads and around the toilet premises. If any staff member of the Contractor is found

ignoring this instruction, the Contractor shall be penalized per incident at the rates as mentioned

in the penalty clause of the Tender document.

Safety, Security and Protection of the Environment

93.4.1 The Contractor shall take all necessary precautions and shall strictly avoid burning of waste,

dumping of waste in the storm water drain, sewerage system or any open public place, ensure

no dust arises due to sweeping activities around the toilet. Should any pollution or adverse effect

arise from the Contractor's activities; the Contractor shall clean up the affected area immediately

at his own cost and to the satisfaction of the Employer.

Protection of Trees and Vegetation

93.5.1 The Contractor shall ensure that no trees or shrubs or waterside vegetation are felled or harmed

without the permission of the Employer. The Contractor shall protect trees and vegetation from

damage to the satisfaction of the Employer. No tree shall be removed without the prior approval

of the Employer and any competent authorities.

Fire Prevention

93.6.1 The Contractor shall take all precautions necessary to ensure that no fire occurs within the toilet

premises or around the toilet block as a result of any burning material thrown by its Sanitation

Workers or any of the member of public. In case any fire incident takes place, the Contractor shall

arrange for extinguish the same on top priority with the help of city fire service or its Emer gency

Response Team as the case may be.

93.9.1 The Contractor shall pay not less than fair wage / minimum wages to the workers engaged by

him on the work as revised from time to time by the Government of Gujarat.

93.9.2 "Fair wage" means minimum wages for time or piece work, fixed or revised, as established by the

Gujarat Minimum Wages, Rules, 1961 and the Minimum Wages Act,

93.9.3 The Contractor shall, notwithstanding to any provisions of this Contract to the contrary, cause to

be paid fair wages to labourers indirectly engaged on the work, including any Sanitation Workers

(Labour) engaged by his sub-Contractors in connection with the said work, as if the labourers

have been immediately or directly employed by him.

93.9.4 In respect of all labourers, immediately or directly employed on the work, for the purpose of the

Contractor's part of this agreement, the Contractor shall comply with or cause to be complied

with, Contract Labour Regulations' made, or that may be made, by the Government, from time to

time, in regard to payment of wages, wage period, deductions from wages, recovery of wages

not paid, and unauthorised deductions, maintenance of wages register, wage card, publication of

scale of wages and other terms of employment, inspection and submission of periodical returns,

and all other matters of a like nature.

Gandhinagar Municipal Corporation (GMC) Tender for O&M of Public and Community Toilets

93.9.5 The regulations, aforesaid, shall be deemed to be part of this Contract and any breach thereof,

shall be deemed to be breach of the Contract.

93.9.6 The minimum wage calculation given below is indicative and just for the reference of the Bidder.

The Bidder is strongly suggested to refer the latest rates as per the most recent regulations /

amendments in the respective labour law for its estimation.

Sr. Particulars Unit Skilled Unskilled Remarks

No Sanitation Sanitation

A Daily Minimum Wages Rs. 474.00 452.00 As per Commissionerate of Labour

(Basic) Notification no. શ્ર.આ.ક/ટે.3/179/2026

B V.D.A Rs. 60.50 60.50 Letter dated 07/04/26; No:179/2026

C Basic + DA Rs. 534.50 512.50 Sr. no. A + B

D EPF on Monthly 13.00% Rs. 69.49 66.63 As per Employees’ Provident Funds

Minimum Wages and Miscellaneous Provident Act,

(C*12%) 1952 and its amendments

E ESIC on Monthly 3.25% Rs. 17.73 16.66 As per Employees’ State Insurance

Minimum Wages Act, 1948 and its amendments

F Bonus on Monthly 8.33% Rs. 44.52 42.69 As per Payment of Bonus Act,

Minimum Wages and its amendments

G Gross Daily Minimum Rs. 665.88

Protective Clothing and Footwear

93.10.1 The contractor shall have to provide PPE kit including gloves, mask, shoes, apron and hand

sanitizer to all the workforce and ensure its usage by them, all the time. Each person provided by

the Contractor shall have to display the identity card, with photo. The identity card shall have

information such as name, age, designation, sex, name of agency, blood group of the worker,

etc. and must be signed and stamped by authorized personnel of agency.

93.10.2 Deleted