Tender Notice: Providing of Catering Services in CBI ...



DISCLAIMERThis Tender Document is being issued for and on behalf of North Delhi Municipal Corporation (North D.M.C) for “Appointment of a Caterer to Provide Catering Services in the Canteen of North D.M.C”. This Tender Document has been prepared on the basis of information that is presently available with North D.M.C. While this document has been prepared in good faith, no representation or warranty, express or implied, is or will be made, and no responsibility or liability will be accepted by North D.M.C or any of their employees, advisors or agents appointed by North D.M.C as to or in relation to the accuracy or completeness of this document and any liability thereof is hereby expressly disclaimed. Interested prospective Bidder may carry out their own study/ analysis/ investigation as required before submitting their Bids.The information on Technical/ Functional requirements provided in this Tender Document is only indicative in all respects. This document does not constitute an offer or invitation, or solicitation of an offer, nor does this document or anything contained herein, shall form a basis of any contract or commitment whatsoever.Office of the Administrative Officer,Remunerative Project Cell (R. P. Cell)North Delhi Municipal Corporation,16th floor, Dr. SP Mukherjee Civic Centre,JLNehru Marg, Minto Road, New Delhi-110002.No. ADC/RP Cell/2014/D-305Dated: 25.07.2014NOTICE INVITING TENDER (NIT)1.The Administrative Officer, Remunerative Project Cell, North Delhi Municipal Corporation (North DMC), for and on behalf of the Commissioner, North DMC, invites sealed bids in two bid system (Technical Bid and License Bid) from reputed companies/firms, who have experience in running catering/canteen facilities, for “Appointment of a Caterer, on annual license basis, to Provide Catering Services in the Canteen of North DMC” at ‘A’ Block, Ground Floor, Dr. S.P. Mukherjee Civic Centre, JL Nehru Marg Minto Raod, New Delhi-110002. The License fee per month is excluding electricity, cooking gas and water charges.2.The Tender Document, containing instructions to bidders, bid formats and General Conditions of Contract etc, can be obtained from 28th July, 2014 to 14th August, 2014, from the Office of Administrative Officer, Remunerative Project Cell (R.P. Cell), North DMC, upon payment of a Non-refundable amount of Rs.5,000/- (Rupees Five Thousands only), in the form of a Bank demand Draft/ Pay Order of a nationalized/scheduled bank, payable at “Delhi” towards the cost of tender Document Alternatively, the tender document can also be downloaded from the MCD website .in. In case the tender document is downloaded from the MCD website .in then while submitting the Bids, a Bank Demand Draft/Pay Order, for Rs.5,000/- (Rupees Five Thousands only) (Non-refundable), of a nationalized/scheduled bank, drawn in favour of “Commissioner, North Delhi Municipal Corporation“, payable at “Delhi” must be submitted along with the Technical Bid.3.Last date for receipt of query in writing for clarification on RFP documents from the prospective bidder : 19.08.2014 up-to 3:00 P.M.4.Pre-bid meeting: 22.08.2014 at 11:00 A.M.5.Last date for reply to queries: 01.09.20146.Last date for submission of bids: 08.09.2014 up-to 1:00 P.M.7.Date of opening of Technical Bid: 08.09.2014 at 2:00 P.M.8.Date of opening of license fee will be inform separately to the technically qualified bidders9.It must be noted that the Tender Document is not transferable.10.The Technical and license Bids complete in all respects must be submitted in the Office of Administrative Officer, (R.P. Cell) on or before 01:00 P.M. of 8th September 2014.For any enquiry, contact the office of Administrative Officer, Remunerative Project Cell (R. P. Cell), North D.M.C, 16th Floor, Dr. SP Mukherjee Civic Centre, New Delhi - 110 002 or on Ph.No. 011-23226605/23226602 and Email: adc-rpc-ndmc@.in.Administrative Officer, Remunerative Project Cell (R. P. Cell),North Delhi Municipal Corporation,New Delhi.North Delhi Municipal Corporation2117725666750Tender DocumentFor“Appointment of a Caterer to Provide Catering Services in the Canteen of North D.M.C”28th July, 2014Date of IssueIssued To(Name & Address of the Prospective Bidder)Cost of Tender DocumentPayment DetailsSignature of Issuing personDD No.Name of the BankBranchDateRs. 5,000/-Office of the Administrative Officer, Remunerative Project Cell (R. P. Cell),North Delhi Municipal Corporation,16th Floor, Dr. SP Mukherjee Civic Centre,JLNehru Marg, Minto Road, New Delhi-110002.Ph.No. 011-23226605/23226602Email: adc-rpc-ndmc@.inTable of Contents TOC \o "1-3" \h \z \u DISCLAIMER PAGEREF _Toc391366681 \h 1Check List – Technical Bid PAGEREF _Toc391366682 \h 6I.Technical Bid PAGEREF _Toc391366683 \h 6Check List – License Bid PAGEREF _Toc391366684 \h 8II.License Bid PAGEREF _Toc391366685 \h 8Section I – Invitation to Bid PAGEREF _Toc391366686 \h 9Section II – Instructions to Bidders PAGEREF _Toc391366687 \h 121.Procedure for Submission of Bids PAGEREF _Toc391366688 \h 122.Cost of Tender Document PAGEREF _Toc391366689 \h 123.Contents of the Tender Document PAGEREF _Toc391366690 \h 124.Clarification of Tender Document PAGEREF _Toc391366691 \h 135.Amendment of Tender Document PAGEREF _Toc391366692 \h 136.Language of Bids PAGEREF _Toc391366693 \h 137.Documents Comprising the Bids PAGEREF _Toc391366694 \h 138.Bid Prices PAGEREF _Toc391366695 \h 149.Firm Rates PAGEREF _Toc391366696 \h 1410.Bidder Qualification PAGEREF _Toc391366697 \h 1411.Earnest Money Deposit (EMD)/ Bid Security PAGEREF _Toc391366698 \h 1412.Period of Validity of Bids PAGEREF _Toc391366699 \h 1513.Format and Signing of Bid PAGEREF _Toc391366700 \h 1514.Revelation of Prices PAGEREF _Toc391366701 \h 1515.Income Tax Clearance Certificate PAGEREF _Toc391366702 \h 1516.Terms and Conditions of Bidders PAGEREF _Toc391366703 \h 1517.Local Conditions PAGEREF _Toc391366704 \h 1618.Headings PAGEREF _Toc391366705 \h 1619.Conditions for Eligibility of Bidders PAGEREF _Toc391366706 \h 1620.Sealing and Marking of Bids PAGEREF _Toc391366707 \h 1721.Last Date for Receipt of Bids PAGEREF _Toc391366708 \h 1722.Late Bids PAGEREF _Toc391366709 \h 1823.Modification and Withdrawal of Bids PAGEREF _Toc391366710 \h 1824.Address for Correspondence PAGEREF _Toc391366711 \h 1825.Opening of Bids by North D.M.C PAGEREF _Toc391366712 \h 1826.Clarifications PAGEREF _Toc391366713 \h 1827.Preliminary Examination PAGEREF _Toc391366714 \h 1828.Contacting the North D.M.C PAGEREF _Toc391366715 \h 1829.Post Qualification PAGEREF _Toc391366716 \h 1930.Criteria for Evaluation of Bids PAGEREF _Toc391366717 \h 1931.North D.M.C's Right to Vary Scope of Contract at the time of Award PAGEREF _Toc391366718 \h 1932.North D.M.C's Right to Accept Any Bid and to Reject Any or All Bids PAGEREF _Toc391366719 \h 2033.Notification of Award PAGEREF _Toc391366720 \h 2034.Signing of Contract PAGEREF _Toc391366721 \h 2035.Contract Performance Security PAGEREF _Toc391366722 \h 2036.Rejection Criteria PAGEREF _Toc391366723 \h 20Section III - General Conditions of Contract PAGEREF _Toc391366724 \h 231.Definitions PAGEREF _Toc391366725 \h 232.Interpretation PAGEREF _Toc391366726 \h 233.Scope of Contract PAGEREF _Toc391366727 \h 234.Specifications and Schedule of Rates/Quantities PAGEREF _Toc391366728 \h 245.Caterer to Provide Proper Canteen Services PAGEREF _Toc391366729 \h 246.Notices PAGEREF _Toc391366730 \h 247.Injury to Persons and Damage to Property of North D.M.C PAGEREF _Toc391366731 \h 248.Insurance PAGEREF _Toc391366732 \h 249.Inspection and Supervision PAGEREF _Toc391366733 \h 2510.Terms of Payment PAGEREF _Toc391366734 \h 2511.Date of Commencement and Period of Contract PAGEREF _Toc391366735 \h 2512.Laws Governing the Contract PAGEREF _Toc391366736 \h 2513.Liquidated Damages PAGEREF _Toc391366737 \h 2614.Delays in the Caterer's Performance PAGEREF _Toc391366738 \h 2615.Termination for Default PAGEREF _Toc391366739 \h 2616.Termination of Contract PAGEREF _Toc391366740 \h 2617.Termination for Insolvency PAGEREF _Toc391366741 \h 2618.Termination for Convenience PAGEREF _Toc391366742 \h 2719.Force Majeure PAGEREF _Toc391366743 \h 2720.Dispute Resolution PAGEREF _Toc391366744 \h 2721.Price Fall PAGEREF _Toc391366745 \h 2723.Forfeiture of Earnest Money Deposit (EMD)/ Bid Security PAGEREF _Toc391366746 \h 2824.Contract Performance Security PAGEREF _Toc391366747 \h 2825.Payment of License Fee PAGEREF _Toc391366748 \h 2826.License and Statutory Permissions PAGEREF _Toc391366749 \h 28Section IV - Special Conditions of Contract PAGEREF _Toc391366750 \h 30Section V – Technical Bid PAGEREF _Toc391366751 \h 36Form I – Bid Particulars PAGEREF _Toc391366752 \h 36Form II - Technical Bid Letter PAGEREF _Toc391366753 \h 37Form III - Technical Bid PAGEREF _Toc391366754 \h 39Form IV – Format for Performance Certification PAGEREF _Toc391366755 \h 42Section V – License Bid PAGEREF _Toc391366756 \h 44Form V - License Bid Letter PAGEREF _Toc391366757 \h 44Schedule I - Schedule of Rates/ Quantities PAGEREF _Toc391366758 \h 46Section VI – Scope of Work and Schedule of Requirements PAGEREF _Toc391366759 \h 49Section VII - Appendices PAGEREF _Toc391366760 \h 51Appendix A - Permissible Brands of Consumables PAGEREF _Toc391366761 \h 51Appendix B – Inventory Details PAGEREF _Toc391366762 \h 52Appendix C - Draft Contract Agreement PAGEREF _Toc391366763 \h 53Appendix D - Format for Power of Attorney for Signing of the Bid PAGEREF _Toc391366764 \h 55Appendix E – Layout Plan Ground Floor, A Block, Civic Centre - I PAGEREF _Toc391366765 \h 56 PAGEREF _Toc391366766 \h 56Appendix E – Layout Plan Ground Floor, A Block, Civic Centre - II PAGEREF _Toc391366767 \h 57Check List – Technical Bid Please check whether following Documents/ Forms have been enclosed in the respective covers, namely, Technical Bid and License Bid:Technical Bid The Bidder should ensure that the following Documents are enclosed in the Technical BidS. No.DescriptionProof/ Supporting Documents/ Information to be enclosed in the Technical Bid by the BidderWhether Proof/ Supporting Documents/ Information as required under Column (3) enclosed(Yes/ No)Please give reference Page No(s). of the Technical Bid(1)(2)(3)(4)(5)(i)Bank Draft/ Pay Order towards the payment of Tender Document Fee of Rs. 5000/- (Rupees Five Thousand only).Note: The Bidder must write the Name & Complete postal address of the bidding firm on the reverse side of the Bank Draft/ Pay Order.Proof of Payment (copy of G8 Receipt) of Tender Document Fee of Rs. 5000/- (Rupees Five Thousand only) if the Tender Document was purchased from the office of North D.M.C. orOriginal Bank Demand Draft/ Pay Order issued by a Nationalised/ Scheduled Bank for an amount of Rs. 5000/- (Rupees Five Thousand only) drawn in favour of “Commissioner, North Delhi Municipal Corporation” if the Tender Document was downloaded from the Wesite of North D.M.C.(ii)Earnest Money Deposit (EMD)/ Bid Security (in original) for an amount of Rs. 2,00,000/- (Rupees Two Lakhs Only) of the prescribed amount and validity pursuant to Clause 11. Note: The Bidder must write the Name & Complete postal address of the bidding firm on the reverse side of the Bank Draft/ Pay Order.Original Bank Demand Draft/ Pay Order issued by a Nationalised/ Scheduled Bank for an amount of Rs. 2,00,000/- (Rupees Two Lakhs Only) drawn in favour of “Commissioner, North Delhi Municipal Corporation”.(iii)The Bidder must be (a) a well-established firm/ company or its sole authorized franchisee/ agency providing Restaurant/ Catering/ Canteen Services.(b) in catering/ canteen business for at least 2 years as on 31.03.2014.Copies of all valid documents and Certificate of Incorporation/ Registration.Power of Attorney in favour of the Authorised Signatory of the Bidder as per format prescribed in Appendix D – Format for Power of Attorney for Signing of the Bid.(iv)Average Financial Turn-Over (Gross)The bidder’s average Annual Financial Turnover (Gross) from catering services, during each of the last two consecutive financial years, i.e., 2012-13 and 2013-14 should not be less than Rs. 10,00,000/-(Rupees Ten Lakhs only). The Bidder must submit copy of the Audited Balance Sheets and Profit & Loss Account Statement for each of the last 2 consecutive financial years ended on 31.03.2014 along with the Technical Bid. Provisional balance sheet for the financial year ended on 31.03.2014, if the financial year 2013-14 has not already been audited, must also be submitted.(v)Financial SolvencyThe bidder must have a solvency of Rs. 7,00,000/- (Rupee Seven Lakhs Only). A certificate this effect may be enclosed, in original, from the Banker of the Bidder.(vi)Form I - Bid ParticularsDuly filled and signed “Form I - Bid Particulars”(vii)Form II - Technical Bid LetterDuly filled and signed “Form II - Technical Bid Letter”(viii)Form III - Technical BidDuly filled and signed “Form III - Technical Bid”(ix)Performance Certification for satisfactory Canteen/ Catering services from at least one customer/ client in the format prescribed in Form IV.Note: North D.M.C reserves the right to obtain feedback from the previous/present clients of the Bidder and also depute its team(s) to inspect the site(s) at present contract(s) for on- the-spot firsthand information regarding the quality of food and services provided by the Bidder. The decision of the North D.M.C in this regard will be final and binding on all bidders.Performance Certification for providing/ having provided satisfactory Canteen/ Catering services during the the last 2 consecutive financial years ended on 31.03.2014 from at least one customer/ client in the format prescribed in Form IV must be submitted. (x)The Bidder must have valid PAN And Service Tax No. of the Company/ FirmAll relevant supporting documents mentioning these numbers(xi)If the family member(s) of any employee of North Delhi Municipal Corporation or any other Municipal Corporation in Delhi is/ are associated with the Bidder, the same fact should be clearly disclosed in the Technical Bid. ?A self-declaration duly signed by the Chief Executive Officer/ Managing Director/ Country or Regional Head in this regard must be submitted.(xii)The Bidder should not have been convicted under anti-corruption policy of Government of India / Government of NCT of Delhi / any ULB in Delhi and blacklisted by them. If ever blacklisted, the information with brief facts of such instances must be disclosed up front in the Technical Bid. A self-declaration duly signed by the Chief Executive Officer/ Managing Director/ Country or Regional Head must be submitted. Witness :Bidder:SignatureSignatureNameNameAddressDesignation CompanyCompanyDateDateNote: This Check List should be duly filled and signed and enclosed with the Technical Bid.Check List – License BidLicense Bid The Bidder should ensure that the following Documents are enclosed in the License BidS. No.DocumentProof/ Supporting Document (s) to be enclosed in the Technical BidWhether Enclosed(Yes/ No)Please give reference Page No(s). of the License Bid1License Bid Letter (Form V) Duly filled and signed by the authorised signatory of the Bidder, in the format prescribed in Form V.2Schedule I – Schedule of Rates/ Quantities Duly filled and signed by the authorised signatory of the Bidder, in the format prescribed in Schedule I – Schedule of Rates/ Quantities.Witness :Bidder:SignatureSignatureNameNameAddressDesignation CompanyCompanyDateDateNote: This Check List should be duly filled and signed and enclosed with the License Bid.SECTION I – INVITATION TO BIDSection I – Invitation to Bid1.This invitation to Tender is for “Appointment of a Caterer to Provide Catering Services in the Canteen of North D.M.C”. 2.Tenderers are advised to study the Tender Document carefully. Submission of Tender shall be deemed to have been done after careful study and examination of the Tender Document with full understanding of its implications. Sealed offers prepared in accordance with the procedures enumerated in Clause 1 of Section II should be submitted to the Administrative Officer, Remunerative Project Cell (R. P. Cell), North Delhi Municipal Corporation, not later than the date and time laid down, at his address given in the Schedule for Invitation to Tender under Clause 5.3.All bids must be accompanied by a Earnest Money Deposit (EMD)/ Bid Security of Rs. 2,00,000/- (Rupees Two Lakhs only).4.This Tender document is not transferable.5.Schedule for Invitation to BidName of the Office: Commissioner, North Delhi Municipal Corporation (North D.M.C)Addressee and Address at which Tenders to be submitted:Office of the Administrative Officer, Remunerative Project Cell (R. P. Cell),North Delhi Municipal Corporation,16th Floor, Dr. SP Mukherjee Civic Centre,JLNehru Marg, Minto Road, New Delhi-110002.Latest time and date for receipt of Tender On or before 13.00 hours on 8th September, 2014Place, Time and Date of opening of Technical Bids: Office of the Administrative Officer, Remunerative Project Cell (R. P. Cell),North Delhi Municipal Corporation,16th Floor, Dr. SP Mukherjee Civic Centre,JLNehru Marg, Minto Road, New Delhi-110002. at 14.00 hours on 8th September, 2014.Name, Address and Telephone No. of the contact person for any clarification: Shri Kaushish Kumar, Administrative Officer, Remunerative Project Cell (R. P. Cell),North Delhi Municipal Corporation,16th Floor, Dr. SP Mukherjee Civic Centre,JLNehru Marg, Minto Road, New Delhi-110002.Ph.No. 011- 2322 6605/ 2322 6602Email: adc-rpc-ndmc@.in Date till which the response to the tender should be valid:180 days from the date of opening of the Technical Bids.Important dates :The following table provides information regarding the important dates of the bid process for Project:S. No.ActivityDate1Release of RFP28.07.2014 to 14.08.2014 upto 15.00 hours2Last date for receipt of written queries for clarifications on RFP Document from the Prospective Bidders19.08.2014 upto 15.00 hours3Pre-Bid Conference22.08.2014 at 11.00 hours4Last date for reply to written queries of prospective Bidders01.09.20145Last date for submission of Bids08.09.2014 upto 13.00 hours6Date of Opening of Technical Bidsat 14.00 hours on 08.09.20147Date of Opening of License BidsWill be informed separately to the Technically Qualified Bidders Date of Commencement of Canteen ServicesThe work should commence within 15 (fifteen) days from the date of award of contract to the successful Bidder.5.The Bidder is required to pay Rs. 5,000/- (Rupees Five Thousands Only) towards RFP Document Fee, at the time of submission of the Bids, in the form of a Bank Demand Draft/ Pay Order failing which the Bids submitted by the Bidder shall not be entertained and shall be rejected outright. The Bank Demand Draft/ Pay Order must be drawn in favor of “Commissioner, North Delhi Municipal Corporation” and payable at “New Delhi” and enclosed in the Technical Bid. If, however, the Tender Document was purchased from the office of North D.M.C, the Bidder must enclose the Proof of Payment (copy of G8 Receipt) in the Technical Bid.The RFP Document Fee is Non-Refundable. Note: The North D.M.C shall not be responsible for non-receipt / no-delivery of the Bid documents due to any reason whatsoever.SECTION II – INSTRUCTIONS TO BIDDERSSection II – Instructions to BiddersProcedure for Submission of BidsIt is proposed to have a Two Cover System for this Bid process as under: Technical Bid:(2 copies) in one cover.License Bid:(2 copies) in one cover.Each copy of Technical Bid and License Bid of the Bidder should be put in separate sealed covers super scribing the wordings "Technical Bid" and “License Bid” respectively. Each copy in each bid should also be marked as "Original” and "First copy". Both the copies of each bid should be put in a single sealed cover super scribing the wordings "Technical Bid" and “License Bid” as the case may be. Please Note that Prices should not be indicated in the Technical Bid and should only be indicated in the License Bid. The cover containing Two copies of Technical Bid and the cover containing Two copies of License Bid should be put in another envelope and this envelope should be clearly marked “Tender for Appointment of a Caterer to Provide Catering Services in the Canteen of North D.M.C”. The Bid Covers (Technical and License Bid covers) are to be kept in a single sealed cover super scribed with Tender Number, Due Date, Item and the wordings “DO NOT OPEN BEFORE 14.00 hours on 8th September, 2014”.The cover thus prepared should also indicate clearly the name, address and telephone number of the Bidder, to enable the Bid to be returned unopened in case it is declared "Late".Each copy of the Bid should be a complete document and should be bound as a volume. The document should be page numbered and appropriately flagged and contain the list of contents with page numbers. Different copies must be bound separately. The deficiency in documentation may result in the rejection of the Bid.The Bidder should also provide the Technical and Commercial bids in soft copy, in MS Excel/ MS Word format, in the form of a non-re-writeable CD (Compact Disc). Two copies of CD containing the technical bidTwo copies of CD containing the commercial bidThe CD’s would be sealed along with the hard copies of the respective technical and commercial bids. In case of any discrepancy in the contents of the documents, the information furnished on original paper document will prevail over the soft copy.Cost of Tender DocumentThe Bidder shall bear all costs associated with the preparation and submission of its bids, including cost of presentation for the purposes of clarification of the bids, if so desired by the North D.M.C The North D.M.C will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the Bidding process.Contents of the Tender DocumentThe Schedule of Requirements of the Goods/ Services required, Bid procedures and contract terms are prescribed in the Tender Document. In addition to the Section I - Invitation to Bid, the Tender Document includes: Section II - Instructions to Bidders;Section III - General Conditions of Contract;Section IV- Special Conditions of ContractSection V - Contents of the Bid(A) Technical Bid Comprising of:Form I - Bid ParticularsForm II - Technical Bid LetterForm III - Technical BidForm IV - Performance Certification(B) License Bid Comprising of:Form V - License BidSchedule I - Schedule of Rates/ QuantitiesSection VI - Scope of Work and Schedule of RequirementsSection VII - AppendicesPermissible Brand of Consumables (Appendix B)Inventory Detail (Appendix B)Agreement Form (Appendix C)The Bidder is expected to examine all instructions, forms, general terms & conditions, and Schedule of requirements in the Tender Document. Failure to furnish all information required by the Tender Document or submission of a bid not substantially responsive to the Tender Document in every respect will be at the Bidder's risk and may result in the rejection of the Bid.Clarification of Tender DocumentA prospective Bidder requiring any clarification of the Tender Document may notify the North D.M.C in writing at the North D.M.C's mailing address indicated in Clause 5 of Section I. The queries must be submitted in Microsoft Excel format as follows:S. NoSection No.Clause No.Page number in SectionExisting Provision in the ClauseClarification SoughtThe North D.M.C will respond in writing, to any request for clarification of the Tender Document, received not later than the date prescribed by the North D.M.C in Section I, Clause 5 (g) of this Bid document. Written copies of the North D.M.C's response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective Bidders who have received the Tender Document. North D.M.C’s response to clarifications will also be uploaded on the Website of North D.M.C.Amendment of Tender DocumentAt any time prior to the last time and date for receipt of bids, the North D.M.C, may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the Tender Document by an amendment.The amendment will be notified in the same manner as in the case of Notice Inviting Tender (NIT) and also in writing and/ or e-mail to all prospective Bidders who have received the Tender Document and will be binding on them. The amendment will also be uploaded on the Website of North D.M.C. In order to provide prospective Bidders reasonable time in which to take the amendment into account in preparing their bids, the North D.M.C may, at its discretion, extend the last date for the receipt of Bids.Language of BidsThe Bids prepared by the Bidder and all correspondence and documents relating to the bids exchanged by the Bidder and the North D.M.C, shall be written in the English language, provided that any printed literature furnished by the Bidder may be written in another language so long the same is accompanied by an English translation in which case, for purposes of interpretation of the bid, the English translation shall govern.Documents Comprising the BidsThe Bids prepared by the Bidder shall comprise of the following components:The Technical Bid should comprise of the following (Refer Section IV):S. NO.Description1Bid Particulars (Form I)2Technical Bid Letter (Form II) 3Technical Bid (Form III)4Performance Certification (Form IV) The License Bid should comprise of the following (Refer Section V):S. NO.CONTENTS 1License Bid Letter (Form V) 2Schedule of Rates/ Quantities (Schedule I)All documentations are required to be in English.Bid PricesThe Bidder shall indicate in the Proforma prescribed at Form V of Section V, the License Fee Offered. The rates of Food/ Beverages Items shall be as indicated in “Schedule I – Schedule of Rates/ Quantities”. Transparent Cellophane Tape should be pasted over the Total Amount quoted, in figures and words, failing which the Financial Bid may be treated as non-responsive.In absence of the above information, as requested in Clause 8.1, a bid may be considered incomplete and summarily rejected. Firm RatesThe rates of various food/ beverage items shall be as per “Schedule I – Schedule of Rates/ Quantities” of Section V. These rates shall remain firm and final and shall not be subject to any upward modifications, on any account, whatsoever, during the period of the Contract. However, increase in rates due to inflation can be considered by North D.M.C and mutually agreed, after initial period of contract. The rates of various food/ beverage items, served as a part of main menu, shall however be subject to annual revisions in rate, on the basis of W.P.I. (Wholesale Price Index) of food items, milk, sugar & tea and the worked out rate shall be rounded off to nearest Rupee. The North D.M.C, however, reserves the right to review and negotiate the rates of various food/ beverage items at the beginning of the each year or at any time, whichever is earlier, to incorporate downward revisions as applicable and necessary.Bidder Qualification The "Bidder" as used in the Bid documents shall mean the one who has signed the Bids. The Bidder may be either the Constituted attorney of the company or the Principal Officer or his duly Authorized Representative, in which case he/she shall submit a certificate of authority. All certificates and documents (including any clarifications sought and any subsequent correspondences) received hereby, shall, be furnished and signed by the Bidder.It is further clarified that the individual signing the Bid or other documents in connection with the Bid must certify whether he/she signs as :Constituted attorney of the company.ORThe Principal Officer or his duly Authorized Representative of the company, in which case he/she shall submit a certificate of authority on behalf of the companyThe Bidder shall sign its Bids with the exact name of the Company to whom the contract is to be issued. The Bids shall be duly signed and sealed by an executive officer of the Bidder’s organization. Each bid shall be signed by a duly authorized officer executed under seal.The power or authorization, or any other document consisting of adequate proof of the ability of the signatory to bind the Bidder shall be annexed to the bid. The Bidder shall clearly indicate their legal constitution and the person signing the Bids shall state his capacity and also source of his ability to bind the Bidder. The person who is signing the bid on behalf of company/ firm/ organization must have authorization on Non-Judicial stamp paper of Rs.100/- (Rupees One Hundred Only) from all the directors of the company or partners of the firm. The authorization is to be enclosed along with Technical Bid. North D.M.C may outrightly reject any bid not supported by adequate proof of the signatory’s authority.Earnest Money Deposit (EMD)/ Bid SecurityPursuant to Clause 20, the Bidder shall furnish, as part of its bid, a Earnest Money Deposit (EMD)/ Bid Security of the amount mentioned in Clause 3 of Section I.The Earnest Money Deposit (EMD)/ Bid Security is required to protect the North D.M.C against the risk of Bidder’s conduct which would warrant the security's forfeiture, pursuant to Clause 11.7.The Earnest Money Deposit (EMD)/ Bid Security shall be denominated in Indian Rupees, and shall be in the form of a Bank Demand Draft/ Pay Order issued by a Nationalized/ Scheduled Bank, drawn in favour of “Commissioner, North Delhi Municipal Corporation” payable at “Delhi”.Bidders who are Government Departments and Central Public Sector Undertakings are exempted from furnishing of Earnest Money Deposit (EMD)/ Bid Security. Any bid not secured in accordance with Clauses 11.1 and 11.3 will be rejected by the North D.M.C as non-responsive.Unsuccessful Bidder’s Earnest Money Deposit (EMD)/ Bid Security will be discharged/ returned as promptly as possible, but not later than 30 days after the expiration of the period of bid validity prescribed by the North D.M.C, pursuant to Clause 12.The successful Bidder’s Earnest Money Deposit (EMD)/ Bid Security will be discharged upon the Bidder executing the Contract, pursuant to Clause 34 and furnishing the Contract Performance Security, pursuant to Clause 35.The Earnest Money Deposit (EMD)/ Bid Security may be forfeited:if a Bidder withdraws its bid during the period of bid validity specified by the Bidder in the Bid; or in the case of a successful Bidder, if the Bidder fails:to sign the Contract in accordance with Clause 35; orto furnish Contract Performance Security in accordance with Clause 36.Period of Validity of BidsBids shall remain valid for 180 days from the date of opening of Technical Bids prescribed by the North D.M.C A bid valid for a shorter period may be rejected by the North D.M.C as non-responsive.In exceptional circumstances, the North D.M.C may solicit the Bidder's consent to an extension of the period of validity. The request and the responses thereto shall be made in writing (or by fax). A Bidder may refuse the request without forfeiting its Earnest Money Deposit (EMD)/ Bid Security. A Bidder granting the request will not be required nor permitted to modify its bid.Format and Signing of BidThe Bidder shall prepare two copies of each Bid, clearly marking each "Original”, and "First Copy" as appropriate in accordance with Clause 1. In the event of any discrepancy between them, the original shall govern.The original and first copy of the bid shall be typed or written in indelible ink. The original and first copy shall be signed by the Bidder or a person or persons duly authorized to bind the Bidder to the Contract in accordance with Clause 11. The authorization shall be indicated by written power-of-attorney accompanying the bid. All pages of the bid, except for unamended printed literature, shall be initialled and stamped by the person or persons signing the bid.The bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the Bidder, in which case such corrections shall be initialled by the person or persons signing the bid.Revelation of PricesPrices in any form or by any reason before opening the License Bid should not be revealed, failing which the offer shall be liable to be rejected.Income Tax Clearance CertificateNot required. [ITCC provisions are deleted in the Income tax Act].Terms and Conditions of BiddersPrinted terms and conditions (General Conditions) of the Bidders will not be considered as forming part of their Bids. Similarly in case the Goods/ Services being offered have deviations from the specifications laid down in Section VI – Scope of Work and Schedule of Requirements, the Bidder shall describe in what respects and to what extent the Food/ Beverage Items being offered differ/ deviate from the specifications, even though the deviations may not be very material. The Bidder must state categorically whether or not his offer conforms to Bid specifications as indicated in Section VI – Scope of Work and Schedule of Requirements and indicate deviations, if any, in his Technical Bid.The Bidder should note, that, in case any of the deviation (s) or assumption (s), indicated by the Bidder in its Technical/ License Bid, is/are not acceptable to the North D.M.C, in such eventuality the Bidder shall have to withdraw such deviation (s)/ assumption (s) failing which the Bid (s) of the Bidder shall be liable to be rejected. Local ConditionsIt will be imperative on each Bidder to fully acquaint himself with the local conditions and factors, which would have any effect on the performance of the contract and / or the cost.The Bidder is expected to visit and examine the site of North D.M.C and its surroundings and obtain for themselves on their own responsibility all information that may be necessary for preparing the bid and entering into contract. The cost for visiting the site shall be at Bidder’s own cost.The Bidder and any of their personnel will be granted permission by the North D.M.C to enter upon its premises and lands for the purpose of such inspection, but only upon the express condition that the Bidder and their personnel from and against all liability in respect thereof and will be responsible for personal injury (whether fatal or otherwise), loss of or damage to life, property and other loss damage, costs and expenses however caused, which, but for the exercise of such permission would not have arisen.Failure to visit the North D.M.C office site will in no way relieve the successful Bidder from furnishing any material or performing any work in accordance with the bidding documents.It will be imperative for each Bidder to fully inform themselves of all legal conditions and factors which may have any effect on the execution of the contract as described in the bidding documents. The North D.M.C shall not entertain any request for clarification from the Bidder regarding such local conditions.It is the responsibility of the Bidder that such factors have properly been investigated and considered while submitting the bids and that no claim, whatsoever, including those for financial adjustment to the contract awarded under the bidding documents will be entertained by the North D.M.C and that neither any change in the time schedule of the contract nor any financial adjustments arising thereof shall be permitted by the North D.M.C on account of failure of the Bidder to appraise themselves of local laws / conditions.HeadingsThe headings of conditions hereto shall not affect the construction thereof.Conditions for Eligibility of BiddersFor the purpose of eligibility of Bidders, the Bidder should enclose in their Technical Bid, statement of eligibility on following parameters, duly supported by necessary documentary evidences, as applicable:S. No.Eligibility Criteria Proof/ Supporting Documents/ Information to be enclosed in the Technical Bid by the Bidder (i)Bank Draft/ Pay Order towards the payment of Tender Document Fee of Rs. 5000/- (Rupees Five Thousand only).Note: The Bidder must write the Name & Complete postal address of the bidding firm on the reverse side of the Bank Draft/ Pay Order.Proof of Payment (copy of G8 Receipt) of Tender Document Fee of Rs. 5000/- (Rupees Five Thousand only) if the Tender Document was purchased from the office of North D.M.C. orOriginal Bank Demand Draft/ Pay Order issued by a Nationalised/ Scheduled Bank for an amount of Rs. 5000/- (Rupees Five Thousand only) drawn in favour of “Commissioner, North Delhi Municipal Corporation” if the Tender Document was downloaded from the Wesite of North D.M.C.(ii)Earnest Money Deposit (EMD)/ Bid Security (in original) for an amount of Rs. 2,00,000/- (Rupees Two Lakhs Only) of the prescribed amount and validity pursuant to Clause 11. Note: The Bidder must write the Name & Complete postal address of the bidding firm on the reverse side of the Bank Draft/ Pay Order.Original Bank Demand Draft/ Pay Order issued by a Nationalised/ Scheduled Bank for an amount of Rs. 2,00,000/- (Rupees Two Lakhs Only) drawn in favour of “Commissioner, North Delhi Municipal Corporation”.(iii)The Bidder must be (a) a well-established firm/ company or its sole authorized franchisee/ agency providing Restaurant/ Catering/ Canteen Services.(b) in catering/ canteen business for at least 2 years as on 31.03.2014.Copies of all valid documents and Certificate of Incorporation/ Registration.Power of Attorney in favour of the Authorised Signatory of the Bidder as per format prescribed in Appendix D – Format for Power of Attorney for Signing of the Bid.(iv)Average Financial Turn-Over (Gross)The bidder’s average Annual Financial Turnover (Gross) from catering services, during each of the last two consecutive financial years, i.e., 2012-13 and 2013-14 should not be less than Rs. 10,00,000/-(Rupees Ten Lakhs only). The Bidder must submit copy of the Audited Balance Sheets and Profit & Loss Account Statement for each of the last 2 consecutive financial years ended on 31.03.2014 along with the Technical Bid. Provisional balance sheet for the financial year ended on 31.03.2014, if the financial year 2013-14 has not already been audited, must also be submitted.(v)Financial SolvencyThe bidder must have a solvency of Rs. 7,00,000/- (Rupee Seven Lakhs Only). A certificate this effect may be enclosed, in original, from the Banker of the Bidder.(vi)Form I - Bid ParticularsDuly filled and signed “Form I - Bid Particulars”(vii)Form II - Technical Bid LetterDuly filled and signed “Form II - Technical Bid Letter”(viii)Form III - Technical BidDuly filled and signed “Form III - Technical Bid”(ix)Performance Certification for satisfactory Canteen/ Catering services from at least one customer/ client in the format prescribed in Form IV. Note: North D.M.C reserves the right to obtain feedback from the previous/present clients of the Bidder and also depute its team(s) to inspect the site(s) at present contract(s) for on- the-spot firsthand information regarding the quality of food and services provided by the Bidder. The decision of the North D.M.C in this regard will be final and binding on all bidders.Performance Certification for providing/ having provided satisfactory Canteen/ Catering services during the the last 2 consecutive financial years ended on 31.03.2014 from at least one customer/ client in the format prescribed in Form IV must be submitted. (x)The Bidder must have valid PAN And Service Tax No. of the Company/ FirmAll relevant supporting documents mentioning these numbers(xi)If the family member(s) of any employee of North Delhi Municipal Corporation or any other Municipal Corporation in Delhi is/ are associated with the Bidder, the same fact should be clearly disclosed in the Technical Bid. ?A self-declaration duly signed by the Chief Executive Officer/ Managing Director/ Country or Regional Head in this regard must be submitted.(xii)The Bidder should not have been convicted under anti-corruption policy of Government of India / Government of NCT of Delhi / any ULB in Delhi and blacklisted by them. If ever blacklisted, the information with brief facts of such instances must be disclosed up front in the Technical Bid. A self-declaration duly signed by the Chief Executive Officer/ Managing Director/ Country or Regional Head must be submitted. Sealing and Marking of BidsThe Bidders shall seal and mark the original and each copy of the Bid strictly in accordance with Clause 1.If the outer cover of the bid is not sealed and marked as required by Clause 1, the North D.M.C will assume no responsibility for the bid's misplacement or premature opening.Last Date for Receipt of BidsBids will be received by the North D.M.C at the address specified under Clause 5(b) of Section I not later than the time and date specified in Clause 5(c) of Section I. In the event of the specified date for the receipt of Bids being declared a holiday for the North D.M.C, the Bids will be received upto the appointed time on the next working day.The North D.M.C may, at its discretion, extend the last date for the receipt of bids by amending the Tender Document in accordance with Clause 5, in which case all rights and obligations of the North D.M.C and Bidders previously subject to the last date will thereafter be subject to the last date as extended.Late BidsAny bid received by the North D.M.C after the last date and time for receipt of bids prescribed by the North D.M.C, pursuant to Clause 5(c) Section I, will be rejected and/or returned unopened to the Bidder.Modification and Withdrawal of BidsThe Bidder may modify or withdraw its bid after the Bids’ submission, provided that written notice of the modification or withdrawal is received by the North D.M.C prior to the last date prescribed for receipt of bids.The Bidder's modification or withdrawal notice shall be prepared, sealed, marked and submitted in accordance with the provisions of Clause 1. A withdrawal notice may also be sent by fax but followed by a signed confirmation copy, post marked not later than the last date for receipt of bids.No bid may be modified subsequent to the last date for receipt of bids.No bid may be withdrawn in the interval between the last date for receipt of bids and the expiry of the bid validity period specified by the Bidder in the Bid. Withdrawal of a bid during this interval shall result in the Bidder’s forfeiture of its Earnest Money Deposit (EMD)/ Bid Security.Address for CorrespondenceThe Bidder shall designate the official mailing address, place and fax number to which all correspondence shall be sent by the North D.M.COpening of Bids by North D.M.CThe North D.M.C will open the Bids, in the presence of the representatives of the Bidders who choose to attend, at the time, date and place, as mentioned in Clause 5 of Section I of this Document. The Bidders' names, modifications, bid withdrawals and the presence or absence of the requisite Earnest Money Deposit (EMD)/ Bid Security and such other details as the North D.M.C, at its discretion, may consider appropriate will be announced at the bid opening.The North D.M.C will prepare minutes of the bid opening.ClarificationsWhen deemed necessary, the North D.M.C may seek clarifications on any aspect from the Bidder. However, that would not entitle the Bidder to change or cause any change in the substance of the Bid submitted or price quoted.Preliminary ExaminationThe North D.M.C will examine the bids to determine whether they are complete, whether any computational errors have been made, whether required Earnest Money Deposit (EMD)/ Bid Security has been furnished, whether the documents have been properly signed, and whether the bids are generally in order.A bid determined as not substantially responsive will be rejected by the North D.M.C and may not subsequently be made responsive by the Bidder by correction of the nonconformity.The North D.M.C may waive any minor informality or nonconformity or irregularity in a bid which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any Bidder.Contacting the North D.o Bidder shall contact the North D.M.C on any matter relating to its Bid, from the time of the Bid opening to the time the Contract is awarded.Any effort by a Bidder to influence the North D.M.C’s Bid evaluation, Bid comparison or Contract award decisions may result in the rejection of the Bidder’s Bid.Post QualificationThe North D.M.C will determine to its satisfaction whether the Bidder selected as having submitted the Best Evaluated responsive bid is qualified to satisfactorily perform the Contract.This determination will take into account the Bidder's financial, technical, implementation and post-implementation capabilities. It will be based upon an examination of the documentary evidence submitted by the Bidder in its Technical Bid as well as such other information as the North D.M.C deems necessary and appropriate.An affirmative determination will be a prerequisite for award of the Contract to the Bidder. A negative determination will result in rejection of the Bidder's bid, in which event; the North D.M.C will proceed to the next Best Evaluated responsive bid to make a similar determination of that Bidder's capabilities to perform satisfactorily.Criteria for Evaluation of Bids To meet the North D.M.C’s requirements, as spelt out in the Tender Document, the selected Bidder must have the requisite experience of providing Catering/ Canteen Services that would be required to successfully set-up the required infrastructure and provide the Food/ Beverage Items sought by the North D.M.C, for the entire period of the contract. The evaluation process of the Bid proposed to be adopted by the North D.M.C is indicated in Clauses 30.2 to 30.5. The purpose of Clause 30 is only to provide the Bidders an idea of the evaluation process that the North D.M.C may adopt. Any time during the process of evaluation the North D.M.C may seek specific clarifications from any or all Bidders.Phase I: Evaluation of Technical BidsTechnical Bids will be opened in the presence of representatives of the Bidders who choose to be present as per the date indicated by the North D.M.C. A detailed analysis will be subsequently carried out by the North D.M.C. In this phase, the Technical Bids will be reviewed for compliance of the Bid requirements with reference to the responses to the technical requirements given in Section V and Scope of Work & Schedule of Requirements of this Tender Document (Section VI).Technical Bids which meet the above mentioned criteria will be eligible for consideration in the subsequent rounds. If required, the North D.M.C may seek specific clarifications from any or all Bidder(s) at this stage. The North D.M.C shall determine the Bidders that qualify for the next phase after reviewing the clarifications provided by the Bidder(s).Phase II: Evaluation of License BidsIn this phase, the License Bids of the Bidders, who are technically qualified in Phase I, shall be opened in the presence of representatives of the Bidders who choose to be present as per the date indicated by the North D.M.C. A detailed analysis will be subsequently carried out by the North D.M.C. Subject to Clause 30, the North D.M.C will award the Contract to the successful Bidder whose bid has been determined to be technically qualified and has been determined as the Best Evaluated Bid, provided further that the Bidder is determined to be qualified to perform the Contract satisfactorily. The North D.M.C will however not bind itself to accept the Best Evaluated Bid or any bid and reserves the right to accept any bid, wholly or in part. Criteria for Determination of the Best Evaluated License Bid: The Bidder, who has quoted the highest License Fee, will be evaluated as the Best Evaluated Bid (H1).North D.M.C's Right to Vary Scope of Contract at the time of AwardThe North D.M.C may at any time, by a written order given to the Bidder pursuant to Clause 15 of Section III – General Conditions of Contract, make changes within the general scope of the Contract. Accordingly, the North D.M.C reserves the right to place repeat order (s) of upto 25% of the Contract value. In case of any increase/ decrease in quantities of any item, the Charges, if any quoted, shall be correspondingly increased/ decreased on pro-rata basis.If any such change causes an increase or decrease in the cost of, or the time required for, the Bidder’s performance of any part of the work under the Contract, whether changed or not changed by the order, an equitable adjustment shall be made in the Contract Price or delivery schedule, or both, and the Contract shall accordingly be amended. Any claims by the Bidder for adjustment under this Clause must be asserted within thirty (30) days from the date of the Bidder’s receipt of the North D.M.C’s changed order. North D.M.C's Right to Accept Any Bid and to Reject Any or All BidsThe North D.M.C reserves the right to accept any bid, and to annul the Bid 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 North D.M.C's action.Notification of AwardPrior to the expiration of the period of bid validity, the North D.M.C will notify the successful Bidder in writing by registered letter or by fax, to be confirmed in writing by registered letter, that its bid has been accepted.The notification of award will constitute the formation of the Contract.Upon the successful Bidder's furnishing of Contract Performance Security pursuant to Clause 35, the North D.M.C will promptly notify each unsuccessful Bidder and will discharge its Earnest Money Deposit (EMD)/ Bid Security, pursuant to Clause 11.Signing of ContractAt the same time as the North D.M.C notifies the successful Bidder that its bid has been accepted, the successful bidder will have to enter into a Contract Agreement with North D.M.C, as per draft agreement given in Appendix C of Section VII, incorporating all agreements between the North D.M.C, within 15 (Fifteen) Days of issue of Letter of Award on Non-Judicial Stamp Paper of Rs.100/- (Rupees One Hundred Only) before taking charge of the Canteen and commencement of the catering/ canteen services. Contract Performance SecurityWithin 15 days of the receipt of notification of award from the North D.M.C, the successful Bidder shall furnish the performance security, in the form of a Fixed Deposit Receipt, for a sum equal to License Fee of two months after adjusting the Earnest Money Deposit (EMD)/ Bid Security, which will be refunded after the completion of the Contract and grant of No Objection Certificate (NOC) from the Competent Authority. The Fixed Deposit Receipt, renewed from time to time, will be retained by the North D.M.C for the entire period of the contract and on expiry/ termination of the contract; the North D.M.C shall return the Fixed Deposit Receipt to the Caterer, the Principal Amount of Contract Performance Security without any interest. Failure of the successful Bidder to comply with the requirement of Clause 34 or Clause 35 shall constitute sufficient grounds for the annulment of the award and forfeiture of the Earnest Money Deposit (EMD)/ Bid Security, in which event the North D.M.C may award the Contract to the next Best Evaluated Bidder or call for new bids.Rejection CriteriaTechnical Rejection CriteriaThe following vital technical conditions should be strictly complied with failing which the bid will be rejected:Incomplete bids will be rejected outright.Offers which do not confirm unconditional validity of the bid for 180 days from the date of opening of bid.Bid should be submitted in Two Bid system in two separate envelopes. The Technical Bid shall contain no prices or License Bid details. Bids with Technical Bid containing License Fee/Prices shall be rejected outright.Technical Bid submitted without Tender Document Cost/ Proof of Purchase of Tender Document from the office of North D.M.C.Technical Bid submitted without Earnest Money Deposit (EMD)/ Bid Security.Technical Bid not meeting the Conditions of Eligibility of BidderIf the information provided by the Bidder is found to be incorrect / misleading at any stage / time during the Bidding Process.License Bid Rejection CriteriaThe following vital License Bid conditions should be strictly complied with failing with the bid will be rejected.Bids of following kinds will be rejected:Bids received through Fax/ Email.Offers which do not confirm unconditional validity of the bid for 180 days from the date of opening of bid.Offers where prices are not firm during the entire duration of the contract and / or are with any qualifications.Offers which do not conform to North D.M.C's License Bid format.Bidder shall bear, within the rates specified in “Schedule I – Schedule of Rates/ Quantities”, all the taxes and duties as levied on them including the Personnel Tax as applicable in respect of their personnel and their sub-Caterer's personnel, arising out of this contract. Bidder shall also bear, within the specified rates, the Corporate Tax, as applicable, on the income arising out of this contract.SECTION III – GENERAL CONDITIONS OF CONTRACTSection III - General Conditions of ContractDefinitionsIn construing these conditions, the following words shall have the meanings herein assigned to them except where the subject or context otherwise requires:“Caterer” shall mean the Individual, Sole Proprietary firm, HUF Firms, Firms in Partnership, Limited Company, Private or Public Corporation or Consortium or Joint Venture company and his (their) heirs, legal representatives, assign and successors.“North D.M.C” shall mean the Commissioner, North Delhi Municipal Corporation or any of his officer duly authorized by him and his legal representatives, assigns and successors and shall be in-charge of the works for the purpose of this contract.“Manager” shall mean representative of the Caterer having adequate knowledge of Providing of Canteen Services.“Notice in Writing” or written notice shall mean a notice in written, typed or printed characters sent (unless delivered personally or otherwise proved to have been received) by registered post or fax or telegraphy or e-mail to the last known private or business address or registered office.“Year” means the Financial year unless stated otherwise.“Contract” means the Clauses of Agreement, General Conditions of Contract, Special Conditions of Contract, the License Fee, and Schedule of Rates & Quantities as quoted by Bidder and accepted by North D.M.C, and other terms and conditions as described in the Tender Document.InterpretationIn this Contract unless a contrary intention is evident:the clause headings are for convenient reference only and do not form part of this Contract;unless otherwise specified a reference to a clause number is a reference to all of its sub-clauses;unless otherwise specified a reference to a clause, sub-clause or section is a reference to a clause, sub-clause or section of this Contract including any amendments or modifications to the same from time to time;a word in the singular includes the plural and a word in the plural includes the singular;a word importing a gender includes any other gender;a reference to a person includes a partnership and a body corporate;a reference to legislation includes legislation repealing, replacing or amending that legislation;where a word or phrase is given a particular meaning it includes the appropriate grammatical forms of that word or phrase which have corresponding meanings.in the event of an inconsistency between the terms of this Contract and the Tender and the Bid, the terms hereof shall prevail. Scope of ContractThe Caterer shall carry out the complete works in every respect relating to Providing of Canteen Services at North D.M.C in accordance with this contract and as per directives and to the satisfaction of the North D.M.C. The Caterer shall strictly abide by “The North D.M.C’s Instructions” in regard to the variation or modifications of the quality of food items or the additions or omission or substitution of any food/snack items.All verbal instructions, directions and explanation given to the Caterer or his Manager at the works by the North D.M.C shall, if involving in variations, the same may be confirmed in writing by the Caterer within two days and, if not dissented in writing with in a further period of seven days otherwise such instructions shall be deemed to be within the scope of the contract. Rates of items not mentioned in the “Schedule I - Schedule of Rates/ Quantities” shall be fixed by the North D.M.C after consultation and getting written consent of North D.M.C.Specifications and Schedule of Rates/QuantitiesIt is expected that Caterer shall serve a good quality of food/ snacks/ tea/ coffee etc. and which shall be prepared with permissible brand of consumables as listed in Appendix A. The weight/ quantity of each item which is to be served has been described in “Schedule I – Schedule of Rates/ Quantities”. The Caterer has to maintain hygienic environment in the Kitchen, Dining Hall, Stores and surrounding area.Caterer to Provide Proper Canteen ServicesThe Caterer shall provide all necessary items for the proper canteen services including Schedule of Rates/ Quantities and Specifications taken together.The Caterer shall supply, fix and maintain at his own cost any additional equipment for proper Canteen Services. However, North D.M.C shall provide certain infrastructure including space, furniture items, utensils/ equipment as described in “Appendix B – Inventory Details”, hereinafter “free of cost” which may be considered as subsidy or grant-in-aid to the Caterer for providing Canteen Services with the sole aim that with the sole aim that the rates of foods/ beverage items shall be as per “Schedule I – Schedule of Rates/ Quantities”. The Caterer shall be required to pay for the electricity charges, cooking gas charges, & water charges on actual basis, for which sub-meters shall be provided. The amount based on actual consumption in respect of utilization of these facilities shall have to be paid by the Caterer to North D.M.C. However, the rate for calculation of amount payable by Caterer shall be as per the prevailing rates of the Service Provider of these facilities along with a sum of amount i.e. 10% (Ten percent) of Bill amount as “Administrative Charges”.NoticesThe Caterer shall strictly abide by the provisions of any Acts of the legislature relating to the works and also conform to the regulations and Bye-laws of any authority dealing with Labour and quality of food/snack items. The Caterer shall also arrange to settle all notices required by the said Acts, Regulations or By-laws himself to be given by any Authority, and to pay to such Authority or to any public office, all fees that may be properly chargeable in respect of the work of providing Canteen Services and submit the receipts with the North D.M.C, as and when asked for. The Caterer shall also indemnify the North D.M.C against all claims in respect of Statutory rights, and shall himself pay all royalties, license fees, damages, costs and charges of all and every sort that may be legally incurred in respect thereof.The Caterer shall obtain the necessary statutory Trade License etc. required for the Catering/ Canteen services in the premises of North D.M.C earmarked for Canteen.Injury to Persons and Damage to Property of North D.M.CThe Caterer shall be responsible for any type of injury to the persons and any damage to the structural or decorative part of property of the North D.M.C (which may happen due to the operation or negligence of Caterer or of his employees). The injury or damage may arise during course of Providing of Canteen Services because of carelessness, accident or any other cause. This clause shall be considered as valid & held to include inter-alia any damage to buildings, whether immediately adjacent or otherwise, any damage to road/streets, footpaths or structure in the complex. The Caterer shall indemnify the North D.M.C and hold North D.M.C harmless/ not responsible in respect of all & any expenses arising from any such injury or damage to persons or property as aforesaid and also in respect of any claim made in respect of injury or damage under any Acts of Government otherwise and also in respect of any award of compensation of damages consequent upon such claim. The Caterer shall arrange to get the rectification and/ or repair work done, in case of any damage to the structural or decorative part of property of the North D.M.C, to the same specifications at the Caterer’s own cost. InsuranceThe Caterer shall indemnify the North D.M.C against all claims which may be made against the North D.M.C by any member of the public and shall at his own expenses arrange within 30 (thirty days) to effect and maintain, until the virtual completion of the contract period from an approved Agency, a policy of insurance worth annual estimated cost of work, in the joint names of the North D.M.C and the Caterer against such risks and deposit such policy with the North D.M.C with in the 30 (Thirty) days of the start of the contract. The Caterer shall also indemnify the North D.M.C in respect of any costs, charges or expense arising out of any claims or proceedings and also in respect of any award of compensation of damage arising there from, the North D.M.C shall be at liberty and hereby empowered to deduct the amount of any damages, compensation cost, charges and expenses arising or from or in respect of any such claim or damage from any sums due or to become due to the Caterer (including Contract Performance Security Deposit). The Caterer will himself be responsible for any payment or claim of his employee. He will ensure that such litigations do not affect this contract in any way.Unless otherwise instructed by the North D.M.C, the Caterer on signing the contract shall insure the premises of North D.M.C and keep them insured, until the virtual completion of the work against loss or damage by fire and/or earthquake or all other natural calamity by purchasing a Caterer’s All Risk Policy including the Workmen Compensation for an overall amount equivalent to annual cost of work, from any office of the Insurance Company of Govt. of India in the joint name of the North D.M.C and the Caterer. The premium to the Insurance Company shall be borne by the Caterer. Such policy shall cover the property of the North D.M.C, his services and shall not cover any property of the Contactor. Caterer shall deposit the policy and receipts for the premium with the North D.M.C within 30 (Thirty) days from the date of signing of the contract. The Caterer has to assign that policy in favour of North D.M.C.In default of the Caterer insuring as provided above, the North D.M.C may so insure and deduct the premiums paid from any money due, or which may become due to the contactor.Inspection and SupervisionThe facility of Canteen Services will be inspected by North D.M.C or his Authorized Representative from time to time. The directions offered by the North D.M.C or his Authorized Representative shall have to be implemented by the Caterer. The raw materials brought by the Caterer for cooking of food items shall be inspected North D.M.C or his Authorized Representative at random before the same are used for of cooking of finished products.Terms of PaymentThe payments to the Caterer shall be made by the staff member (s)/ visitor (s) themselves and not by North D.M.C. However, for the catering/ canteen services provided by the Caterer during the Official Event (s)/ Meeting (s)/ Seminar (s)/ Conference (s), the payment shall be made by North D.M.C as per procedure discussed hereafter.No advance payment shall be made to the Caterer in case North D.M.C puts a requisition for supply of food /snacks /tea /coffee etc., for the Official Event (s)/ Meeting (s)/ Seminar (s)/ Conference (s)/ Official Function (s). However, monthly bill for such items shall be payable after submission of the invoice (s) in duplicate. The supply of these items should have proper authorization from the North D.M.C or his authorized representative. The Caterer is to produce three sets of Authorization Slip for signature of North D.M.C or his Authorized Representative. Out of these three slips, two slips are to be enclosed with the two sets of Invoice for the item.In the event there is any query, objection, delay or dispute with regard to any bill or a part thereof, the Caterer shall not be entitled to any interest to be paid by North D.M.C for late payment. However, efforts shall be made to make the payments within a month from the date of receipt of the bill.All payments and receipts would be rounded off, i.e., paise 50 or above will be rounded off to the nearest higher rupee and paise less than 50 shall be ignored.Income Tax shall be deducted at source against bills submitted by the Caterer as per Income-Tax Act/ Rules in force from time to time.The payment shall be made after deduction of Statutory Taxes/ Duties through Crossed Cheque/ NEFT (National Electronic Fund Transfer) for which the Caterer has to submit requisite details of his Current Bank account.Date of Commencement and Period of ContractThe Contract for Providing of Canteen Services through this Tender shall come into force within 15 days from the date of award of Contract.The initial period the contract will be one year which is extendable annually, at the discretion of North D.M.C, upto 5 years including the initial period of one year, after reviewing the performance of the Caterer. In case the period of contract is extended beyond one year, the 10% additional License Fee will be charged for the second year. For subsequent extensions, if any, there will be further enhancement of 10% in License Fee over the License Fee for the previous year.Laws Governing the ContractThe contract shall be governed by the Indian laws for the time being in force. However, Caterer has to comply with all the applicable labour laws in connection with canteen services. The North D.M.C has all the rights to ask for submission of the proof of minimum wages paid to his employees and other benefits as admissible under the labour laws from the Caterer and to satisfy the employer on adherence of the labour laws shall be the sole responsibility of the Caterer.Only courts situated at New Delhi shall have the jurisdiction to entertain the claim or for enforcement of the award.Liquidated DamagesIf the North D.M.C is not satisfied with the quality of eatables served, services provided or behavior of the Caterer or his/her employees, the Caterer shall be served a 24 hours’ notice to improve or rectify the defects, failing which North D.M.C shall be at liberty to take appropriate necessary action as deemed fit.North D.M.C reserves the right to impose liquidated damages, and not by way of penalty, on the Caterer for any serious lapse in maintaining the quality and services including any adulteration by the Caterer or his employees. The decision of North D.M.C for imposition of liquidated damages (@ 1.5% of the license fee per month subject to a maximum of 10% of the license fee per month) or otherwise, shall be final and the Caterer shall accept the decision of the North D.M.C and abide by such decision.Delays in the Caterer's Performance An un-excused delay by the Caterer in the performance of its delivery obligations shall render the Caterer liable to any or all of the following sanctions: forfeiture of its Contract Performance Security, imposition of Liquidated Damages, and/ or Termination of the Contract/ Award of Contract/ Work Order for default. If at any time during performance of the Catering / Canteen services under the Contract, the Caterer should encounter conditions impeding timely delivery of the Catering / Canteen services, the Caterer shall promptly notify the North D.M.C in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the Caterer's notice, the North D.M.C shall evaluate the situation and may at its discretion extend the Caterer's time for performance, in which case the extension shall be ratified by the parties by amendment of the Contract. If the Caterer request to delay the Catering / Canteen services is not found acceptable to the North D.M.C, Clause 15 shall be invoked.Termination for DefaultThe North D.M.C reserves the right to terminate the contract if it has been found that the Caterer is not complying with his instructions after giving a notice of one month during the probationary period effective from taking over charge of Canteen Services by the Caterer.The North D.M.C may, without prejudice to any other remedy for breach of terms and conditions of the work order, by written notice of default sent to the Caterer, terminate the Contract/ Work order in whole or in part, if the Caterer fails to provide catering/ canteen services within the time period(s) specified in the Contract, or any extension thereof granted by the North D.M.C pursuant to Clause 14 (ii); In the event the North D.M.C terminates the Work order in whole or in part pursuant to Clause 15 (i), the North D.M.C may procure, upon such terms and in such manner as it deems appropriate, catering/ canteen services similar to those undelivered, and the Caterer shall be liable to the North D.M.C, for any excess costs for such similar catering/ canteen services. However, the Caterer shall continue performance of the Contract to the extent not terminated.Termination of ContractThe Contract can be terminated by either party i.e. North D.M.C or the Caterer by giving three months’ notice to the other party extendable by mutual agreement till alternate arrangements are made. On termination of contract, the Caterer shall hand over all the equipment/ furniture/ articles etc. supplied by North D.M.C in good working condition.Further, North D.M.C may at any time issue notices for termination of the contract without assigning any reason whatsoever, it may be. However, such notices shall be applicable from the date of their receipt by the Caterer. On the expiry of the period as mentioned in the notices, the North D.M.C shall issues final letter of termination of contract.In the event of termination, pursuant to above paragraph of this clause, the Caterer on the instructions of North D.M.C has to cancel supply orders or work orders, which he might have placed with the other vendors.Termination for Insolvency17.1 The North D.M.C may at any time terminate the Contract by giving written notice to the Caterer, without compensation to the Caterer, if the Caterer becomes bankrupt or otherwise insolvent, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the North D.M.C.Termination for Convenience18.1 The North D.M.C may by written notice sent to the Caterer; terminate the Contract, in whole or in part at any time of its convenience. The notice of termination shall specify that termination is for the North D.M.C's convenience, the extent to which performance of work under the Contract is terminated, and the date upon which such termination becomes effective.Force Majeure19.1Notwithstanding the provisions of Clauses 13, 14, 15 the Caterer shall not be liable for forfeiture of its Contract Performance Security, Liquidated Damages or Termination for Default, if and to the extent that, its delay in performance or other failure to perform its obligations under the Work order is the result of an event of Force Majeure. For Purposes of this Clause, "Force Majeure" means an event beyond the control of the Caterer and not involving the Caterer and not involving the Caterer's fault or negligence and not foreseeable. Such events may include, but are not restricted to, acts of the North D.M.C either in its sovereign or contractual capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes. If a force Majeure situation rises, the Caterer shall promptly notify the North D.M.C in writing of such conditions and the cause thereof. Unless otherwise directed by the North D.M.C in writing, the Caterer shall continue to perform its obligations under the Work order as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event.Dispute ResolutionIf during the subsistence of this Work order or thereafter, any dispute between the Parties hereto arising out of or in connection with the validity, interpretation, implementation, material breach or any alleged material breach of any provision of the Work order or regarding any question, including as to whether the termination of this Contract by one Party hereto has been legitimate, the Parties hereto shall endeavor to settle such dispute amicably and/or by Conciliation to be governed by the Arbitration and Conciliation Act, 1996 or as may be agreed to between the Parties. The attempt to bring about an amicable settlement is considered to have failed as soon as one of the Parties hereto, after reasonable attempts; which attempt shall continue for not less than thirty (30) days, gives thirty (30) days’ notice to refer the dispute to arbitration to the other Party in writing.All disputes, differences and questions whatsoever, which may arise between the Caterer and North D.M.C, in any way arising out of or relating to the terms and conditions or the construction or application thereof, any clause or thing, therein, shall be referred to the sole arbitration of a person appointed by the Commissioner, North D.M.C. There shall be no objection from the Caterer to any such appointment on the ground that the Arbitrator so appointed is a Municipal / Government servant or that he had dealt with the matter to which these presents relate or that in the course of his duties as such Government servant, he had expressed his views on all or any of the matter in dispute. The decision of the arbitrator shall be final and binding on both the parties. All such arbitration proceedings shall be subject to the provisions of the Arbitration and conciliation Act, 1996 (Central Act 26 of 1996) or any statutory modification or re-enactment thereof and the rules made there under for the time being in force.The Arbitration proceedings shall be held in Delhi, India.The Arbitration proceeding shall be governed by the substantive laws of India.The proceedings of Arbitration shall be in English language.Notwithstanding the fact that settlement of dispute(s) (if any) under arbitration may be pending, the parties hereto shall continue to be governed by and perform the work in accordance with Terms and Conditions of the Tender/ Work Order. Price FallThe Bidder shall provide “Most Preferred Customer” status to the North D.M.C. Accordingly, the prices charged for various food/ beverage items under this contract by the Bidder shall in no event exceed the lowest price at which the Bidder sells or offers to sell food/ beverage items of identical description to any persons/ organizations including the North D.M.C or any department of the Central or State Government or any statutory undertaking of the Central or State Govt., as the case may be, during the period of the contract.If at any time during the aforesaid period the Bidder reduces the price of food/ beverage items, offers to sell such food/ beverage items to any person/ organization including the North D.M.C or any department of State or Central Govt. or any department of a State Govt. for statutory undertaking of the Central or State Govt. as the case may be at a price lower than the price chargeable under the contract, he shall forthwith notify such reduction of offer to sell food/ beverage items to the North D.M.C and the price payable under the contract for the food/ beverage items supplied after the date of coming into force of such reduction or offer to sell food/ beverage items shall stand correspondingly reduced.Firm Rates22.1The rates of various food/ beverage items shall be as per “Schedule I – Schedule of Rates/ Quantities”. These rates shall remain firm and final and shall not be subject to any upward modifications, on any account, whatsoever, during the period of the Contract. 22.2However, increase in rates due to inflation can be considered by North D.M.C and mutually agreed, after initial period of contract. The rates of various food/ beverage items, served as a part of main menu, shall however be subject to annual revisions in rate, on the basis of W.P.I. (Wholesale Price Index) of food items, milk, sugar & tea and the worked out rate shall be rounded off to nearest Rupee. 22.3The North D.M.C, however, reserves the right to review and negotiate the rates of various food/ beverage items at the beginning of the each year or at any time, whichever is earlier, to incorporate downward revisions as applicable and necessary.Forfeiture of Earnest Money Deposit (EMD)/ Bid SecurityEarnest Money Deposit (EMD)/ Bid Security of the successful bidder shall be liable to be forfeited if the Caterer does not fulfill any of the following conditions:Contract Agreement not signed in the prescribed form within 15 (Fifteen) days of the receipt of the Letter of Award of the Contract;The Caterer does not commence canteen services within 15 (Fifteen) days of the stipulated date for commencement of canteen services OR 16th day of receipt of letter of award by the Caterer.Contract Performance SecurityThe Caterer will submit a Fixed Deposit Receipt (in original), made in favour of “Commissioner, North Delhi Municipal Corporation” for a sum equal to License Fee of two months after adjusting the Earnest Money Deposit (EMD)/ Bid Security, to North D.M.C as Contract Performance Security, within 15 days of the receipt of notification of award from the North D.M.C which will be refunded after the completion of the Contract and grant of No Objection Certificate (NOC) from the Competent Authority. The Fixed Deposit Receipt, renewed from time to time, will be retained by the North D.M.C for the entire period of the contract and on expiry/ termination of the contract; the North D.M.C shall return the Fixed Deposit Receipt to the Caterer, the Principal Amount of Contract Performance Security without any interest.Payment of License Fee25.1The Caterer will deposit the license fee in advance latest by 7th day of each month, failing which Liquidated Damages @ Rs.1000/- (Rupees One Thousand Only) per day will be payable by the Caterer if he fails to deposit the license fee on or before 7th of each month till the license fee is paid. In case of delay for more than 30 days, an appropriate action shall be taken against the Caterer which may lead to termination of the contract.License and Statutory Permissions 26.1Immediately after the award of work, the Caterer shall apply to North MCD for obtaining necessary licenses for running & maintenance of the canteen at the premises of North D.M.C. The Caterer will be responsible for fulfilment of any requirement by North D.M.C with respect to licensing, sanitation & cleanliness, quality of food / hygiene.SECTION IV - SPECIAL CONDITIONS OF CONTRACTSection IV - Special Conditions of ContractThe Caterer shall, prior to the commencement of the operation of contract, make available to North D.M.C, the particulars of all the employees who shall be deployed in the premises of North D.M.C for providing of Canteen Services. Such particulars, inter alia, should include age/ date of birth, permanent address, police verification report and profile of the health status of the employees.The Caterer shall be responsible for engaging adequate number of trained/ semi-trained manpower including a Manager as overall in-charge required for providing good canteen services in North D.M.C and the employees of the Caterer should possess good health and should be free from any diseases, especially contagious and frequently recurring diseases.The Caterer shall also deploy adequate manpower for work during late hours and on Saturdays/ Sundays, including other holiday (s) if required by the North D.M.C for catering services during seminar, official parties etc.Employment of child labour is strictly prohibited under the law. Therefore, the Caterer will not employ any child.The workers employed by the Caterer shall be directly under the supervision, control and employment of the Caterer and they shall have no connection, whatsoever, with North Delhi Municipal Corporation (North D.M.C), who shall have no obligation to control or supervise such workers or to take any action against them except as permissible under the law. Such workers shall also not have any claim against North D.M.C for employment or regularization of their services by virtue of being employed by the Caterer, against any temporary or permanent posts.The Caterer shall ensure proper discipline among his/ her workers and further ensure that they do not indulge in any unlawful activity.The Caterer shall be responsible for timely payment of wages to his/ her workers as per Minimum Wages Act of Govt. of NCT of Delhi and fulfill all other statutory obligations, such as, Provident Fund, ESI, and Service Tax etc. in force from time to time.The Caterer shall ensure compliance of all laws relating to cleanliness, sanitary, hygienic and health conditions and other laws in force from time to time with regard to the environment around cooking place, dining hall, and surrounding areas etc.The canteen staff shall be issued Identity Cards bearing photographs. The Caterer shall provide sufficient sets of Uniforms and pair of shoes to his employees and shall ensure that they wear them all times during duty hours and maintain them properly.The Caterer shall be personally responsible for conduct and behavior of his staff and any loss or damage to North D.M.C’s moveable or immoveable property due to the conduct of the Caterer’s staff shall be made good by the Caterer. If it is found that the efficiency of any person employed by the Caterer is unsatisfactory, the Caterer shall have to remove the concerned person and engage a new person within 48 hours of intimation by North D.M.C. The decision of the North D.M.C or his Authorized Representative in this regard shall be final and binding on the Caterer.The Caterer shall not appoint any sub-caterer or sub-contract/ assign the contract to carry out his obligations under the contract.The Caterer shall get the prices of all items approved by North D.M.C and no changes, whatsoever, shall be made without prior written approval of the North D.M.C.The Caterer shall keep and maintain the Canteen and its surrounding areas clean and up-to-date sanitation every day, after the services are over, at his cost. The cleaning includes cleaning of kitchen, canteen hall, floor, counter, benches, tables, chairs, etc. North D.M.C administration will have 24 hour access to inspect the canteen premises at any time for ensuring the cleanliness and hygienic conditions of the canteen’s kitchen and dining hall and store premises. The North D.M.C reserves the right to appoint officers/ officials to inspect the quality of raw material, food and other items prepared and sold in the canteen. Any defect(s) pointed out by such officers/ officials during their visits shall be properly attended to by the Caterer.The Caterer will use only branded raw material for preparation of items. The permissible brands of various items are given in Appendix A.North D.M.C will provide to the Caterer space for storing raw material, kitchen equipment as per list provided in “Appendix B – Inventory Details” for cooking and preservation of perishable items, sitting and serving space, etc. “free of cost” considering providing of subsidy or grant in aid with the sole aim that rates quoted by the Caterer shall be bare minimum. The North D.M.C shall also provide tables and chairs in the serving area with the same intention. The Caterer shall bring his own tools, cookers, hot boxes, steam boxes, trolleys, equipment, utensils, plates, jugs etc., in sufficient quantity as needed to maintain the canteen services in addition to what is provided for by North D.M.C.Storing & Supply/ Sale and consumption of drugs, alcoholic drinks, cigarettes or any other items of intoxication are strictly prohibited in the North D.M.C premises. Any breach of such restrictions by the Caterer or his/ her staff will attract deterrent action against the Caterer and/ or his/ her staff as per statutory norms.The Caterer shall install his electronic fly-kill/ insect repellent equipment, emergency lighting/ gas and fuel supply at his own cost.No minimum guarantee shall be furnished by North D.M.C to the Caterer towards consumption of food items. He/ She is advised to maintain the highest quality at the minimum possible prices so as to attract the maximum number of officials/ visitors to avail canteen services.The Caterer shall be in a position to cater to the tastes of various cuisines while providing Canteen Services.The Caterer shall not use the canteen premises for any other activity except for the purpose for which it has been provided for.The Caterer shall take care and ensure that, while carrying out the work, no fittings, fixtures, furnishings, equipment provided by the North D.M.C are damaged. Any damages done to the same or any other property will have to be repaired / replaced by the Caterer at his cost, failing which the same will be got done by North D.M.C at the Caterer’s risk and cost. In this regard, the decision of the North D.M.C or his authorized representative shall be final and binding on the Caterer. In such case, the recovery on account of risk and cost shall be made from the due payments of Caterer OR in case no payment is due then recovery shall be affected from Contract Performance Security.North D.M.C shall make Quality Audit as per norms of Food Processing Organization in respect of items prepared & served once in a month. Any discrepancy observed shall be the basis of imposition of Liquidated damages including other action such as termination of contract.Though a list of permissible brands of consumables have been indicated but it shall be sole responsibility of Caterer that the consumables used be branded and should have registration from Food Processing Organization (FPO).The Caterer shall maintain inventory of the items given to him by North D.M.C.The Caterer shall ensure that Vegetarian and Non-Vegetarian cooking shall be done separately.The Caterer shall be required to adopt fair business practices and to exhibit prices in respect of each item of sale and the price so exhibited shall be competitiveThe Caterer shall not stock/ display/ exhibit any books/ magazine/ newspapers/ periodicals containing idols or other articles which are repugnant to moral or indecent and immoral/ improper or otherwise objectionable in characterThe Caterer shall not stock any inflammable or otherwise dangerous material, goods, narcotics or drugs in any part of the allotted space which are fire and health hazard to the property of guests/ visitors/ personnel of North D.M.C.The Caterer shall neither cause or be the cause of loud or noisy conduct nor indulge in anything whatsoever which may constitute a source of nuisance or annoyance to the occupants/ visitors in the canteen.The North D.M.C or his authorized representatives may at any time enter the kitchen area allotted to the Caterer for the purpose of this contract and take away samples of raw material, semi-prepared or fully prepared eatable items free of cost for the purpose of inspection, trial or analysis, and the decision of the authorities of the North D.M.C with regard to the desirability or quality of the food articles offered for consumption shall be final. If any item of the menu/provision of food is found defective or not fit for use/consumption, the North D.M.C may either - (i) issue warning; and / or (ii) get the said raw material/ items destroyed and ask the Caterer to purchase fresh stocks, without any payment of compensation to the Caterer for the discarded material/items. If, however, this problem recurs in spite of warning having been issued, the North D.M.C reserves the right to impose Liquidated Damages as decided by the North D.M.C or otherwise Terminate the Contract without giving any notice. The rates of items to be served by the Caterer shall be valid on annual basis, i.e., from April to March every year and in-between revision shall NOT be allowed. The North D.M.C may, if considered necessary, revise the rates only after one year of the contract in regard to the food/ beverage items and till such time that the revised rates become operative, the Caterer shall charge the existing rates.The Caterer shall use either Delhi Milk Scheme (DMS) or Mother Dairy milk. In case he is unable to maintain supplies of Delhi Milk Scheme or Mother Dairy for any reasons, he should arrange to procure from other sources supplying good quality milk eg. Amul. The security deposit to DMS/ Mother Dairy/ Amul if any, will be paid by the Caterer himself.The Caterer shall not make any additions or alterations in the premises allotted to him for providing canteen services.The Caterer has agreed to keep the premises and its surrounding area neat, clean and tidy at all times and according to the Health/ Hygienic conditions bye-laws of the North Delhi Municipal Corporation (North D.M.C) or any other Government/ Statutory body. In the event of violation of any of the aforesaid bye-laws in and around the Canteen Kitchen/ Cooking area or Dining hall, the Caterer shall be responsible for any Liquidated Damages imposed by the concerned authorities.In the event of North D.M.C, Health Department or any other Government/ Statutory authorities taking samples of raw material used by the Caterer and those samples are not found fit/ up to the mark for human consumption, the Caterer shall be fully responsible for any Liquidated Damages imposed or legal recourse taken by such authorities.The Caterer has agreed to pay to North D.M.C, charges for consumption of Electricity, Cooking gas and Water on the basis of actual consumed Units.The Caterer has agreed to provide sufficient number of cooks, waiters and other support staff in the kitchen and dining hall and shall take all reasonable precautions to ensure that these workers attire themselves properly while on duty and are civilized, polite, sober and honest in their dealings with the personnel of North D.M.C, Visitors and Guests. He shall also employ only those workers whose antecedents have been verified by the Police and are medically fit in all respects.Removal and/ or Replacement of Employee of the Caterer(a)If the North D.M.C finds that any of the employees deployed by the Caterer for the canteen/ catering services has (i) committed serious misconduct or have been charged with having committed a criminal action, or (ii) have reasonable cause to be dissatisfied with the performance of any of the employee of the caterer, then the Caterer shall, at the North D.M.C’s written request specifying the grounds thereof, provide as a replacement a person acceptable to the North D.M.C. In such an event, the North D.M.C shall not in any way be liable for any claim made by the concerned employee of the Caterer for wages or damages and the Caterer shall keep the authorities of North D.M.C indemnified.(b)Any of the employee provided as a replacement under Clause 38 (a) above, shall be subject to the prior written approval by the North D.M.C. The rate of remuneration applicable to a replacement person will be the rate of remuneration paid to the replacement person by the Caterer. Also the Caterer shall bear all additional travel and other costs arising out of or incidental to any removal and/ or replacement.The North D.M.C will have the right to review the working of this contract from time to time and if at any time it is found that the Caterer has failed to fulfill any of the conditions of this contract or that his working is unsatisfactory, the North D.M.C may terminate the contract after giving the Caterer a Notice for a period of three-month, but no such Notice shall be necessary if the contract is terminated on the ground of service of any undesirable commodity.The Caterer will not transfer or assign any part of his interest under this contract. This contract shall also be liable to be terminated before the expiry of the period of this contract in case of death or insolvency of the Caterer.It is agreed between the parties that no interest whatsoever in the premises has been assigned by the North D.M.C to the Caterer and the possession of the premises will always that of the North D.M.C, even when the premises are in use or occupation of the Caterer.North D.M.C shall provide to the Caterer necessary equipment, furniture & fixtures, as listed in Appendix B of the Tender Document and he shall maintain them in good condition. He shall be responsible for their maintenance.The Caterer shall provide all other equipment for running the canteen like Bone China Crockery, Cutlery, Table linen, Flower pots, Livery for the Canteen Staff and these shall be of good Quality and Standard.The Caterer shall be required to procure gas refills in sufficient quantity for cooking purposes in addition to the gas line provided by North D.M.C at his cost. The cooking equipment shall be provided in working condition by North D.M.C. However, subsequently operational & maintenance expenses will be borne by the Caterer himself .The Caterer shall be responsible for any loss/ theft of the equipment provided to him by the North D.M.C.The Caterer shall also be responsible for the upkeep of equipment provided by the North D.M.C. In case of any damage happened/made by any person to the furniture and equipment, he will immediately inform in writing to the concerned authorities of the North D.M.C for recovery of such losses/damages from the defaulters, failing which the Caterer shall himself be liable to pay the cost as decided by North D.M.C.All the equipment, furniture/ fixtures, including gas and electrical installation of the Canteen kitchen/ dining hall shall be given to Caterer in good working condition. These shall be used carefully & cautiously by his employees. The repairs of the gas and electrical appliances shall have to be got done by the Caterer at his own cost. & nothing shall be paid by North D.M.C.The Caterer shall maintain a suggestion book for recording suggestion (s) for improvement of Canteen Services. Such suggestion (s), as approved by the authorities of North D.M.C, shall be forthwith acted upon. The suggestion book shall be kept open for inspection by the designated authorities of North D.M.C.The Caterer shall be provided space (built up & open) on “As is Where is basis”. The Layout Plan of Ground Floor, A Block, Civic Centre, Dr. S. P. Mukerjee Marg, Minto Road, New Delhi – 110 002, where the Canteen has been planned by North D.M.C, is given in Appendix E. The maintenance and upkeep of premises, furniture and fixtures shall be the sole responsibility of the Caterer.The Caterer has to ensure that canteen premises should be used only for the purpose of running the canteen services and not for any other purposes in any manner, whatsoever.The Caterer shall not be allowed to use the canteen premises at North D.M.C Complex to organize private functions e.g., birthdays & get together etc. for outside clients. However, the Caterer can make food/ beverage arrangement (s) for the visitors of North D.M.C and tenants of North D.M.C. The Caterer shall not be permitted to sub-let the premises or to shift the responsibility for providing the catering/ canteen services in any manner.The Caterer shall arrange the required good quality utensils, cutlery and crockery and other equipment / items for running the canteen, in addition to the utensils, cutlery and crockery if any provided by North D.M.C.Subject to Clause 15 of these Special Conditions of Contract, the Caterer will, if required, provide (i) additional good quality furniture i.e tables and chairs etc., if any required, for running of canteen. Also, any new requirement (s)/ modification (s) in the existing set up which may be required for the smooth functioning of the Canteen of North D.M.C, in the space provided by North D.M.C The expenditure in this regard shall be borne by the Caterer.The Caterer shall be liable to provide eatables of good quality meeting the standards of Health Department or Municipal Corporation. The oil/ ghee and other ingredients used in preparation of eatables shall be of good quality and standards as listed in Appendix A.The rates to be charged for the items to be supplied by the Caterer, which are not listed in Schedule I – Schedule of Rates/ Quantities, will be fixed with the approval of North D.M.C. Any revision of rates will be made only with the prior permission of North D.M.C.The Caterer shall not keep or serve any eatable containing drugs or alcohol or any such intoxicated substance.The Caterer shall employ his own employees/ staff for running the canteen and provide them proper uniform etc. at his own cost and shall be responsible for timely payment of their wages / salary.The Caterer shall be responsible to extend medical facilities etc. to his staff and employees as per statutory rules in force from time to time. North D.M.C shall not be responsible for the same in any manner. The Caterer shall also be responsible to enforce discipline amongst his canteen staff who should not be a cause, to the security of the North D.M.C, in any manner.The Caterer will be responsible for running the canteen as per the applicable rules and ensure the compliance of the provisions of various statutory Act and Rules such as Minimum Wage Act, ESI/ EPF etc., and other relevant statutes including Labour Laws, Municipal Rules and Regulations relating to the canteen in force from time to time, during the currency of the Contract. The Caterer shall obtain the necessary license to run the canteen from the North D.M.C and/ or the concerned Municipal/ Government authority.That the allotment of the canteen in favour of the Caterer is purely temporary and the same shall be treated as a bare license, which can be revoked at any time without assigning any reason, and in the event of revocation of license on account of breach of any of the terms and conditions of the Contract, the Caterer shall be bound to vacate the premises/ canteen within one week of the notice of revocations of the license.In case of the closure of the Canteen area for renovation/ repair undertaken by the North D.M.C, no License fee will be charged for this period as there will be no Canteen/ Catering services during that period, resulting into no earnings to the caterer. However no further compensation would be given on this account.The Caterer shall bear all the expenses for running the said Canteen including the cooking vessels and other equipment required for cooking while North D.M.C shall not, in any manner, be liable to reimburse the expenses so incurred. The Caterer shall keep the canteen open and render all the necessary services, sale of eatables, tea etc., from 09:00 Hrs to 17:30 Hrs on all normal working days including Sunday and other holidays, if so desired by the North D.M.C. The Caterer shall provide and maintain First Aid box for rendering first aid to the catering staff in the Canteen of North D.M.C and shall provide training to the concerned catering supervisory staff from the medical authorities. The Caterer shall ensure that requisite certificates in this regard should be available with the Catering Manager.I/ We ______________ (Name of the Bidder), have seen and accept all the Terms and Conditions of the Tender.Witness :Bidder:SignatureSignatureNameNameAddressDesignation CompanyCompanyDateDateCompany SealImportant Note: Each Page (from Pages 1 to 36) of the Tender Document should be signed by the Bidder, as token of acceptance of the terms and conditions of the Tender, and should be enclosed as part of the Technical Bid.SECTION V – TECHNICAL BIDSection V – Technical BidForm I – Bid ParticularsS. No.Item of InformationResponse of the Bidder1Name of the Bidder2Address of the Bidder3Bidder's Bid number and date4Name & address of the officer to whom all references shall be made regarding this tender NameAddressTelephone No.Cell No.Fax No.e-Mail IDWitness :Bidder:SignatureSignatureNameNameAddressDesignation CompanyCompanyDateDateForm II - Technical Bid LetterTo,The Administrative Officer, Remunerative Project Cell (R. P. Cell),North Delhi Municipal Corporation,16th Floor, Dr. SP Mukherjee Civic Centre,JL Nehru Marg, Minto Road, New Delhi - 110002.Dear Sir, Subject:Tender No. ____________________________ dated __.___.2014 - Appointment of a Caterer to Provide Catering Services in the Canteen of North D.M.C - regarding Having visited the site & examined the details given in Tender Documents published in the newspapers and on the website of North D.M.C for the above cited work, we, the undersigned, offer our Bid for “Appointment of a Caterer to Provide Catering Services in the Canteen of North D.M.C” in accordance with your above mentioned Tender. We are hereby submitting our Bids, which include this Technical Bid in the prescribed Forms and the required Appendices/ Schedules along with the requisite Tender Document cost and Earnest Money Deposit (EMD)/ Bid Security in the form of a Bank Demand Draft/ Pay Order as stipulated in the Tender Document, and the License Bid sealed under a separate envelope We hereby certify that all the statements made and information furnished in the enclosed prescribed forms Page No. ____ to Page No. ___ are true and correct.We have furnished all information and details necessary for award of Tender and have no further pertinent information to provide.We have enclose with the Technical Bid the requisite certified Solvency Certificate and authorize the Administrative Officer, R.P. Cell, North D.M.C, to approach the Bank issuing the Solvency Certificate for confirmation of the correctness thereof. We also authorize Administrative Officer, R.P. Cell, North D.M.C to approach individuals, employers, firms and corporations/ organizations and to verify the works completed by us in the past and being executed at the present organization so as to establish our competence and general reputation either by a visit or through correspondence.We, hereby, also submit the following certificates in support of our trained know-how & capability for having successfully completed the following works:-S. NO.NAME OF WORKCERTIFICATE FROM123Technical BidWe enclose herewith the complete Technical Bid as required by you. This includes Form I to Form IV.We hereby declare that all the information and statements made in this Technical Bid are true and accept that any misinterpretation contained in it may lead to our disqualification. If negotiations are held during the period of validity of the Bids, i.e., before the date indicated in Instructions to Bidders, we undertake to negotiate on the basis of the Catering/ Canteen services offered. Our Bid is binding upon us and subject to the modifications resulting from negotiations in the event of selection of our Bid.Earnest Money Deposit (EMD)/ Bid Security in the form of a Bank Demand Draft/ Pay Order No. _________ dated ________ issued by the Bank _________ for an amount equal to Rs. _______/- (Rupees ___________ only) drawn in favour of Commissioner, North Delhi Municipal Corporation and payable at New Delhi is enclosed in the cover containing Technical Bid.We agree to abide by our offer for a period of 90 days from the date fixed for opening of the Technical Bid and that we shall remain bound by a communication of acceptance within that time.We have carefully read and understood the terms & conditions of the Tender Document applicable to this Tender and we do hereby undertake to provide Catering/ Canteen services as per these terms and conditions. Certified that the Bidder is:The Constituted attorney of the company and the person signing the Bids is the constituted attorney of the Company.ORThe Principal Officer or his duly Authorized Representative of the company, and he has the authority to refer to arbitration disputes concerning the business of the Company by virtue of the general power of attorney(NOTE : Delete whatever is not applicable. All corrections/ deletions should invariably be duly attested by the person authorized to sign the Tender documents)We understand you are not bound to accept any Bid you receive.Details of enclosures: Yours sincerely,Encl: As aboveDated thisday of______, 2014Signature of Bidder :Name :Full Address :Telephone No. :Fax No. :Mail Id. :Company SealForm III - Technical Bid1Earnest Money Deposit (EMD)/ Bid Security (To be enclosed in a separate envelope while submitting Technical Bid)Demand Draft No. _dated _____ for Rs. ________/- (Rupees ________ only) issued by _____________ (name of the bank & Branch) drawn in favour of “Commissioner, North Delhi Municipal Corporation” payable at “Delhi” is enclosed.2Details of the Company/ Firm and Complete registered address Item of InformationResponse of the BidderName of the Company/ Firm and Complete registered addressLegal Status (Individual, Sole Proprietary firm, Hindu Undivided Family (HUF) business, Partnership Firm, Consortium, JointVenture, Limited Company or Corporation)Legal Status (Individual, Sole Proprietary firm, Hindu Undivided Family (HUF) business, Partnership irm, Consortium, JointVenture, Limited Company or Corporation)Status of the signatory of the Bidder in case of Hindu Undivided Family(HUF) business/Partnership/Has your company/ firm ever changed its name any time? If so, when, the earlier nameWere you or your company ever required to suspend catering services for a period of more than 06 months continuously after you commenced the catering services? If so, give the name of the contract and reasons thereof.3Name, Designation and Tel. No(s) of the Contract PersonItem of InformationResponse of the BidderName of the Contact PersonTelephone No.Mobile No.e-mail Id4Business Information Item of InformationResponse of the BidderYear of commencement of BusinessNature of Business (Copies of Audited Balance Sheet for the last three Financial years to be enclosed)5Statutory Details (Photocopy duly signed to be attached)Item of InformationResponse of the BidderRegistration No. of the FirmPANEPF – Registration No.ESI Registration No.Service Tax, VAT/CST Registration No.Name & Address of Bankers alongwith Current Account Details6Income Tax Assessment Completion Certificates for the financial years 2011 - 2012, 2012 -13 and 2013 - 14.(In the event of assessment of the years indicated not completed, the certificate of the latest assessment completed may be enclosed and the reason for non- completion of the assessment for the required years may be indicated).7Volume of business done during the last three years (please submit documentary evidence)Response of the BidderItem of InformationFY 2011 – 12(Rs. in Lakhs)FY 2012 – 13(Rs. in Lakhs)FY 2013 – 14(Rs. in Lakhs)Details of annual financial turnover (Gross) (Duly certified by Chartered Accountant)Financial Solvency(Duly certified by Banker)8Details of Similar Works (Refer Clause 20 (a to c) and Clause 21 Section II - Instructions to BiddersS. No.Name of OrganizationName of WorkPeriod of WorkAmount(In Rs)9List of present and past clients (Please use separate sheet for each) as per the following format. The information provided will facilitate evaluation of your Technical Bid:S. No.Name of the organization with complete postal addressName & designation of the contact person with Tel/ Mobile No(s) and E-mail IDDate of Contract & contract periodNo. of persons deployed by your firmNo. of persons served10Whether Performance Certificates as prescribed in Form IV of Tender Document from previous customers enclosed? 11Whether Bidder is willing for inspection of present premises by a team of North D.M.C Officers after opening of tenders. 12Details of Manpower and proof of depositing Statutory Taxes to be enclosed. Witness :Bidder:SignatureSignatureNameNameAddressDesignation CompanyCompanyDateDateNOTE: In case of sole proprietary concern, the name of the sole proprietor, father/ husband’s name, age, residential address and office and residential phone numbers are to be indicated.In case of partnership concern, the Photostat copy of the Registered Partnership Deed is to be enclosed. The partnership deed should state specifically that a particular partner or partners are authorized to deal with any matter of company. Certified Photostat copy of the Income Tax assessment of the partnership firm as well as individual partners (for last 3 years) is to be submitted.In the case of Hindu Undivided Family Firm, an Income Tax registration certificate is to be enclosed in addition to the above as per (b).In case of Limited Company, printed copies of Memorandum and Articles of Association and last three Annual Reports of Audited Accounts are to be annexed. Authorization by the Board of Directors in favour of the signatory of the tender as well as other documents on behalf of the company may also be enclosed.A declaration is to be recorded by the authorized signatories of the tender that no change in the status of sole proprietorship Hindu Undivided Family/Partnership/ Company (as the case may be) will take place from the date of submission of tender and during currency of the Contract Agreement, if entered into with them. In case any change is necessary in the overall interest of the business’s purpose for which the premises is allotted, it will be with the prior written approval of the North D.M.C, failing which the Contract Agreement will be terminated at the sole discretion of the North D.M.C. It is also to be certified that there is no criminal record of the Bidder / proprietor/ Managers/ Partners/ Directors) or their close relatives affecting the business profession under this Contract Agreement.Bid submitted by a Consortium should comply with the following additional requirements:Number of members in a consortium should be limited to two only;The bid should contain information of each member of the consortium;Any or one of the consortium members should purchase the tender document from North D.M.C and /or intimate North D.M.C, in case the tender document are downloaded from the web sites;An individual Bidder cannot at the same time be a member of a Consortium and cannot be a member of any other consortium applying for the bid;The members of the consortium shall nominate any one member as their lead technical member and any one member as their financial member; Alternatively, the Members of the consortium can nominate one member as the lead member for both the bids also;The nomination (s) shall be supported by a Power of Attorney as per standard practice of Govt. of India and signed by all members as well as by the lead technical and financial members;The Memorandum of Understanding (MOU) shall, inter alia:Expressly convey the intent to form a Joint Venture Company, with their respective shareholding commitment(s) in accordance with the prescribed clauses set forth in this Bid document, which would be entered into through the Contract Agreement and subsequently carry out all the responsibilities in accordance with the terms of the Contract Agreement;Clearly outline the roles and responsibilities of each member at every mit the minimum equity stake as required under the clause; andInclude a statement to the effect that all the members of the Consortium shall be liable jointly and severally for the execution of the transaction process in accordance with the terms of the Contract Agreement.A copy of the MOU should also be submitted along with the Bid.The MoU entered into amongst the members of the Consortium should be specific to the tender and should also contain the above requirements, failing which the Bid shall be considered non-responsive.Any entity which has been debarred by North D.M.C or any of the other entity of Govt. of lndia from participating in the transaction process and the debar stands as on the Bid Due Date, would not be eligible to submit the Bid, either individually or as a member of a Consortium.Change in Consortium composition: Any change in the composition of a Consortium will not be permitted during the stage of the bidding process.Form IV – Format for Performance Certification(Furnish this information for each individual work from the employer for whom the work was executed)S. No.Item of InformationResponse of the Employer1Name of the Employer2Address of the Employer3Name of the Caterer/ Contractor4Title of the Agreement/ Contract5Location where Catering/ Canteen services provided by the Bidder 6Agreement/ Contract DetailsItem of Information Response of the EmployerAgreement/ Contract No.Scope of WorkValue of the ContractDate of Commencement of Catering/ Canteen servicesPeriod of ContractAmount of compensation leviedPerformance ReportPerformance CriteriaExcellentVery GoodGoodAverageBelow AverageQuality of FoodResourcefulnessCompliance of all statutory requirements (Yes/ No)Date: (Signature of the Responsible Authority) (Not below the rank of Under Secretary or equivalent in case of Govt. Organization or General Manager or equivalent in case of Private Sector Organization)(Seal of the Organization)SECTION V – LICENSE BIDSection V – License BidForm V - License Bid LetterTo,The Administrative Officer, Remunerative Project Cell (R. P. Cell),North Delhi Municipal Corporation,16th Floor, Dr. SP Mukherjee Civic Centre,JL Nehru Marg, Minto Road, New Delhi - 110002.Dear Sir, Subject:Tender No. ____________________________ dated __.___.2014 - Appointment of a Caterer to Provide Catering Services in the Canteen of North D.M.C - License Bid - regarding We, the undersigned, offer our Bid for “Appointment of a Caterer to Provide Catering Services in the Canteen of North D.M.C” in accordance with your above mentioned Tender. We are hereby submitting our Bids, which include this License Bid along with the requisite Tender Document cost and Earnest Money Deposit (EMD)/ Bid Security in the form of a Bank Demand Draft/ Pay Order. We declare that we have experience in running catering/ canteen facilities.We are aware that the license fee is Rs. _____________ (Rupees __________ only) per month is excluding electricity, cooking gas and water charges. We hereby offer to provide catering services in the canteen of North D.M.C at the License Fee mentioned below in para 8 at the rates decided by North D.M.C and listed in “Schedule I – Schedule of Rates/ Quantities”.We hereby undertake that the various Food/ Beverage Items will be sold/ prepared and served, as per the rates decided by North D.M.C, which are listed in “Schedule I - Schedule of Rates/ Quantities” enclosed herewith.Date of Commencement of Catering/ Canteen Services: We do hereby undertake that, in the event of acceptance of our bid, the catering/ canteen services shall be made within 15 days of the issue of work order and that we shall perform all incidental services.We also hereby undertake that, in the event of acceptance of our bid, Electricity (including generator back-up) and Water bill shall be borne by us on the basis of actual usage, derived as per sub-meter installed by us and that the cost for installation of sub-meter shall also be borne by us.License Fee: Our License Bid is as under:S.No.DetailsLicense Fee Per Month(in Rupees)In FiguresIn Words1License fee excluding electricity, cooking gas and water chargesNote: Transparent Cellophane Tape should be pasted over the Total Amount quoted, in figures and words, failing which the Financial Bid may be treated as non-responsive.We agree to abide by our offer for a period of 180 days from the date fixed for opening of the Technical Bid and that we shall remain bound by a communication of acceptance within that time.We have carefully read and understood the terms and conditions of the Tender Document applicable to this Tender and we do hereby undertake to provide Catering Services in the Canteen of North D.M.C as per these terms and conditions. Certified that the Bidder is:The Constituted attorney of the company and the person signing the Bids is the constituted attorney of the Company.ORThe Principal Officer or his duly Authorized Representative of the company, and he has the authority to refer to arbitration disputes concerning the business of the Company by virtue of the general power of attorney(NOTE : Delete whatever is not applicable. All corrections/ deletions should invariably be duly attested by the person authorized to sign the Bid documents)Earnest Money Deposit (EMD)/ Bid Security in the form of a Bank Demand Draft/ Pay Order No. _________ dated ________ issued by the Bank _________ for an amount equal to Rs. ________/- (Rupees ________ only) drawn in favour of Commissioner, North Delhi Municipal Corporation and payable at New Delhi is enclosed in the cover containing Technical Bid.We do hereby undertake, that, Special Conditions of the Contract, General Conditions of Contract, the Tender Document, and this Bid together with your written acceptance thereof and placement of letter of intent awarding the work, shall constitute a binding contract between us. Yours sincerely,Encl: As aboveDated thisday of_______, 2014Signature of Bidder :Name :Full Address :Telephone No. :Fax No. :Mail Id. :Company SealSchedule I - Schedule of Rates/ QuantitiesNote: Packing Charge will be extra for Take Away OrdersBeverages - Tea/ Coffee/ Lassi/ Cold Drinks/ Mineral Water/ SoupS. No.ItemWeightRateInclusive of all Taxes/ Levies (Rs.)1.Hot Tea 125 ml72.Hot Coffee 125 ml153.Flavoured Tea (Ginger/ Lemon/ Cardamom)125 ml124.Coffee Cappuccino150 ml205.Fresh Lime Water200 ml206.Salted Lassi200 ml207.Sweet Lassi200 ml208.Fresh Lime Soda200 ml209.Ice Tea200 ml3010.Cold Coffee200 ml3011.Tomato Soup200 ml2012.Vegetarian Sweet Corn Soup200 ml2013.Mineral Water (Any brand, size/ weight)Mkt. Rate14.Cold Drinks (Any brand, size/weight)Mkt. Rate15.Mix Fruit Juice (Packed)200 mlMkt. RateSnacksS. No.ItemWeightRateInclusive of all Taxes/ Levies (Rs.)1.Samosa80 grams72.Aloo Bonda100 grams103.Bread Pakora100 grams104.Kachori with Aloo Subzi125 gms155.Veg. Pakora100 gms146.Aloo Parantha with Curd (2 Paranthas + Curd)257.Aloo Poori (Vegetable + 5 Pooris + Pickle)258.Vegetarian Sandwich Delight Plain/ Grilled359.Vegetarian Burger with Cheese150 gms3510.Chilli Paneer6011.Biscuits – All good quality biscuitsMkt. RateSouth Indian SnacksS. No.ItemWeightRateInclusive of all Taxes/ Levies (Rs.)1.Plain Dosa with Sambhar and Chutney50 gms252.Masala Dosa with Sambhar and Chutney100 gms403.Paneer Dosa with Sambhar and Chutney100 gms454.South Indian Platter150 gms705.Idli (two pieces) with Sambhar and Coconut Chutney100 gms306.Vada (two pieces) with Sambhar and Coconut Chutney100 gms307.Plain Uttapam with Sambhar and Coconut Chutney125 gms358.Onion Uttapam with Sambhar and Coconut Chutney150 gms409.Tomato Onion Uttapam with Sambhar and Coconut Chutney150 gms4010.Mix Uttapam with Sambhar and Coconut Chutney150 gms4011.Special Uttapam with Sambhar and Coconut Chutney150 gms50Pizza SnacksS. No.ItemWeightRateInclusive of all Taxes/ Levies (Rs.)1.Pizza Cheese150 gms502.Pizza Tomato Onion Capsicum150 gms603.Pizza Onion Capsicum Mushroom150 gms604.Pizza Paneer Cilly150 gms65LunchS. No.ItemWeightRateInclusive of all Taxes/ Levies (Rs.)1.Dal Makhani 150 gms302.Yellow Dal Arhar150 gms253.Seasonal Vegetable150 gms304.Shahi Paneer150 gms405.Chana Masala150 gms306.Kadi Pakora 150 gms307.Rajma Curry Masala150 gms308.Steamed Plain Rice (Basmati)150 gms259.Vegetarian Biryani150 gms3010.Steamed Rice (Basmati)150 gms2511.Raita (Plain/ Aloo)150 gms2012.Tawa Parantha Per piece1513.Stuffed Parantha (Aloo, Onion, & Paneer)Per piece1514.Tandoori Parantha/ NaanPer piece1515.Lachha ParanthaPer piece1516.Tandoori RotiPer piece05Eco Meal ComboS. No.ItemWeightRateInclusive of all Taxes/ Levies (Rs.)1Tomato Butter Paneer (Served with Rice or 2 Pcs Plain Paratha)452Rajma Curry (Served with Rice or 2 Pcs Plain Paratha)453Pindi Chana (Served with Rice or 2 Pcs Plain Paratha)454Poori Sabzi305Chana Bhatura306Normal Thali (Dal, Subzi, Dry Subzi, Rice, Raita, Chapati, Sweet and Salad)507Deluxe Thali (Dal, Paneer Subzi, Dry Subzi, Vegetable Pulao, Raita, Parantha, Pappar, Sweet and Salad)908Curd (Amul / Mother Dairy / DMS)100 gramsMkt. RateBuffet Lunch/ Dinner Note: 1. Use of Bone China Crockery only must be ensured2. Availability of adequate no. of Stewards/ Waiters must be ensured3. Proper Buffet set-up must be ensuredItem DescriptionRateInclusive of all Taxes/ Levies (Rs.)Buffet (Vegetarian) comprising of following items:Rs. 450/- per headSalad (6 types)Pickle (one type – Mixed)Stalls (Any two out of Gole Gappe, Bhalla Papri, Pau Bhaji, Bedmi Poori, Aloo Tikki) Vegetarian Main Course (5 items out of Dal Makhani/ Yellow Dal, Shahi Paneer/ Malai Kofta, Kadai Paneer/ Chole, Matar Mushroom/ Palak-Corn/ Methi Malai Matar/ Matar Paneer, Sarson ka Sag/ Aloo Gobhi/ Mixed Vegetable/ Seasonal VegetableRice (one type)Breads (Naan/ Roti Paratha)Raita/ Dahi BhallaSweets (Two types out of Moong Dal Halwa, Kheer Kesaria, Ras Malai, Gulab Jamun)Tea/ CoffeeMineral Water BottlesSECTION VI – Scope of Work and Schedule of RequirementsSection VI – Scope of Work and Schedule of RequirementsAbout North Delhi Municipal CorporationScope of WorkThe selected Bidder shall provide “Catering Services in the Canteen of North Delhi Municipal Corporation (North D.M.C) at A Block, Ground Floor, Dr. SP Mukherjee Civic Centre, New Delhi - 110 002” as per directives of North D.M.C and to the entire satisfaction of the North D.M.C.North D.M.C is desirous that the “Catering Services in the Canteen of North Delhi Municipal Corporation (North D.M.C) at A Block, Ground Floor, Dr. SP Mukherjee Civic Centre, New Delhi - 110 002” should be provided to the Officers/ Staff of North Delhi Municipal Corporation, Visitors and during the Meetings/ Conferences/ Seminars/ Functions convened by the North Delhi Municipal Corporation, conforming to the specifications of Food/ Beverage Items listed in “Schedule I – Schedule of Rates/ Quantities”.Schedule of RequirementsThe successful Bidder shall provide all necessary items for running the proper “Catering Services in the Canteen of North Delhi Municipal Corporation (North D.M.C)” including Specifications, Rates and Schedule of Quantities taken together.Specifications, Rates and Schedule of Quantities: The successful Bidder shall serve good quality of food/ beverage items prepared with permissible brand of consumables as listed in Appendix A to this Tender Document. The specifications, rates and weight/ quantities of various food/ beverage items which are to be served by the successful Bidder have been listed in “Schedule I – Schedule of Rates/ Quantities” of Section V of the Tender Document.The successful Bidder has to maintain hygienic environment in the Kitchen, Dining Hall, Stores and surrounding area.The successful Bidder shall supply, fix and maintain at his own cost any additional equipment for running proper Canteen Services. However, North D.M.C shall provide certain infrastructure including space, furniture items, utensils/ equipment as described in “Appendix B – Inventory Details”, hereinafter “free of cost” which may be considered as subsidy or grant-in-aid to the successful Bidder, for providing Canteen Services, with the sole aim that the rates at which the foods/ beverage items quoted shall be as per “Schedule I – Schedule of Rates/ Quantities”. Any other requirements for smooth and efficient running of Catering/ Canteen Services such as Partitions, Utensils, equipment etc. shall be the sole responsibility of the successful Bidder at his own cost.The successful Bidder shall be required to pay for the Electricity charges, Cooking gas charges, & Water charges on actual basis, for which sub-meters shall be provided. The amount based on actual consumption in respect of utilization of these facilities shall have to be paid by the successful Bidder to North D.M.C. However, the rate for calculation of amount payable by the successful Bidder shall be as per the prevailing rates of the Service Provider of these facilities along with a sum of amount i.e. 10% (Ten percent) of Bill amount as “Administrative Charges”.The Caterer shall strictly abide by instructions of North D.M.C in regard to the variation or modifications of the quality of food items or the additions or omission or substitution of any food/ beverage items.All verbal instructions, directions and explanation given to the successful Bidder or his Manager by the North D.M.C shall, if involving in variations, be confirmed in writing by the successful Bidder within two days and, if not dissented, in writing, within a further period of seven days otherwise, such instructions shall be deemed to be within the scope of the Contract. Rates of items not mentioned in the “Schedule I – Schedule of Rates/ Quantities” shall be fixed by the North D.M.C after consultation and getting written consent of North D.M.C.The Bidder should note that there are about 3200 employees of North D.M.C and South D.M.C working in Civic Centre. Further, there could be an estimated 500 visitors coming to various Departments of North D.M.C and South D.M.C.SECTION VII - APPENDICESSection VII - AppendicesAppendix A - Permissible Brands of ConsumablesITEMBRANDSaltIodised salt such as Tata, Annapurna, Nature FreshSpicesMDH, MTR or equivalent quality brandsKetchupMaggi, Kissan, HeinzOilRefined oil such as Sundrop, Nature Fresh,PickleMother’s or Priya or TopsAttaAashirvad, Pillsbury, Nature Fresh, RoseButterAmul, Britannia, Mother DairyBreadHarvest/ Britannia makeJamKissan, NafedMilkToned milk of Mother Dairy, Delhi Milk Scheme,PaneerAmul/ Mother DairyTeaBrook Bond, Lipton, Tata, Red labelCoffeeNescafe, Rich, BruBiscuitsBritannia, Parle, Good Day,Ice Cream, Lassi, CurdMother Dairy, Amul, Cream Bell – all varietiesMixtures/ChipsHaldiram/ BikanerMineral WaterISI marked e.g. Kinley/ Bisleri/ GangaBesan, DalRajdhani. AshokaRiceBasmatiCold DrinksPepsi, Coke etc.JuicesReal, TropicanaLemon WaterHelloSweetBikaner, HaldiramThe Caterer may use any other brand of material which meets norms of Food Processing Organization after obtaining prior written approval from North D.M.C.Appendix B – Inventory DetailsTentative Inventory of various items to be provided by North D.M.C Canteen in A Block of Dr. SPM Civic CentreItem No.Item DescriptionSr.No.Technical SpecificationUnitQty1Baine Marie1Hot Baine Marie (of size 5'6"x30"x34"+6") with 5 Nos. 1/ 1 GN pans & lids having 6" back splash No.12Cold Baine Marie (of size 5'6"x30"x34"+6") with 3X1/1 GN Pans, 4X1/2 GN Pans, all with lids 6" back splash No.12Work Table3Work table with shelf of size 4'x2'x34"+6" No.64Work table with sink of size 4'x2'x34",sink size 12''X12''X8''No.45Work table with shelf of size 900x600x850+150No.53Under Counter Refrigerator 6Under counter refrigerator of size 5'x2'x34"+6"No.24Masala Trolley 7Masala trolley of size 30"x18"x34", having 20 SWG S.S body and 7" diameter containers with lids, castor wheels with brake etc.No.25Griddle Plate8Griddle plate (LPG/ PNG) of size 5'x30"x34"+2" (3 side splash) with shelf No.16 Idli Steamer9Electric Idli steamer of size 600x600x900, having capacity of 120 Idlis and water level indicatorNo.17Pick-up Counter10Pick up counter of size 6'x2'x34" + pickup shelf 48"+12" (after 14'' of work top) with 2X0.75 KW heating element, thermostat/ on/ off switch/ light indicator/ temp control knob, No.18Stock Pot Burners11Stock pot burners LPG/ PNG type of size 600x600x650,it with one high pressure burner No.49Double Tank Fryer12Electric Double tank fryer of (cap. 12 litre each tank), size 600x600x850 mmNo.110Four Door Refrigerator13Four Door Refrigerator (size 5'x27"x72")No.111Sandwich Griller14Sandwich griller of single plate griller typeNo.112Microwave Oven15Microwave oven 25 ltr capacityNo.213Kneading Machine16Double kneading Machine of 10 Kg Capacity, Floor mounting type-heavy dutyNo.114Potato/ Onion Bin17Potato/ Onion bin of size 900x900x900 made of ss angle frame work with a top opening lid and a small door at base for disbursalNo.115Potato Peeler 18Potato peeler of 10 KG/ Charge capacity.No.116Wet Masala Grinder 19Floor mounted type heavy duty type Wet masala Grinder of 10 Litres (LTS) capacity (tilting facility and cover on top).No.117Weighing Machine20Digital weighing machine of 300 Kg Capacity No.118Weighing Scale21Dial type weighing scale of 5 Kg Capacity (with Tray)No.119Storage Rack22Stainless Steel Storage Rack of size 900x450x1800 mmNo.620Platform Trolley23Platform trolley of size 36"x24"x36"( SS pipe push handle),with sound deadener and M.S Frame of trolley made of 38x38x3mm thk ss angle, 25mm SS pipe handle,4" dia castor wheels with brake. No.121Storage bin24Storage bin for flour, Maida ingredients etc. of size 600x600x750.No.422Vegetable Crates25Supply of vegetable Crates (std. item Neel Kamal brand) (24''X16''X12.5'')No.1023Plastic Pattles26Supply of Plastic Pattles (Std. Size Neel Kamal or Equivalent) 900 X650 mmNo.224Dirty Dish Landing Table27Dish landing table with garbage chute (size 1500x600x850) with garbage chute 150mm diameter.No.125Three Sink Unit28Three Sink unit (Size 5'x30"x34"+4"), provided with waste & overflow.No.126Pre Rinse unit29Pre Rinse unit wall mounted type No.127Clearance Trolley30Supply of Clearance trolley of size 36"x20"x36" having two deck SS trolly to keep dirty dishes, deck depth 10",with 25mm pipe handle,4" castor wheel.No.228Clean Dish landing table31Clean Dish landing table of size 5'x2'x34"+150mm with Top No.129Pot Rack32Pot Rack of size 1200x600x1800, Unit will have 4 Nos. of equidistant shelves in 25mm SS round tubes.No.130Exhaust Hood33Exhaust Hood with ss filter of size 40"x38"X24''No.134Exhaust Hood with ss filter. The hood size 110"x26"X24''No.135Exhaust Hood with ss filter of size 50"x26"24''No.236Exhaust Hood with ss filter of size 65"X26"X24''No.131Air Freezer37Chest air freezer of 48" x24"No.132Air Curtains38Air curtains as per size of entrace door front and back doorNo.233Insect Killer39Insect killer of standard two tube typeNo.634Tandoor40Tandoor of size 36"x36x30" with SS cladding.No.135Geyser41Geyser of 35 Ltr Capacity No.136Drain Trough42Drain trough size 545mmx345mmx70mm,with lateral bar of size 25mmx4mm No.1037Tables and Chairs4312 Tables and 72 ChairsNo.12/72Appendix C - Draft Contract Agreement(To be jointly signed by North D.M.C and the Caterer on a Stamp Paper of Rs. 100/- to be purchased by the Caterer)AGREEMENTTHIS AGREEMENT made the ________ day of _______, 2014BetweenThe North Delhi Municipal Corporation acting through the Commissioner, North Delhi Municipal Corporation (hereinafter called "the North D.M.C ") of one part and shall be deemed to include any other representative authorized by the Commissioner, North Delhi Municipal Corporation And________________(Name of the Selected Bidder) (hereinafter called "the Caterer") of the other part and shall be deemed to include the Caterer’s successors, representatives (approved by the North D.M.C), heirs, executors, administrators and permitted assigns, as the case may be, unless excluded by the terms of the contract, having its registered office at ______________________.WHEREAS the North D.M.C is desirous that certain services should be provided by the Caterer, viz, “Catering Services in the Canteen of North Delhi Municipal Corporation (North D.M.C) at A Block, Ground Floor, Dr. SP Mukherjee Civic Centre, New Delhi - 110 002” to the Officers/ Staff of North Delhi Municipal Corporation, Visitors and during the Meetings/ Conferences/ Seminars/ Functions convened by the North Delhi Municipal Corporation, conforming to the specifications of Food/ Beverage Items listed in “Schedule I – Schedule of Rates/ Quantities”.AND WHEREAS the North D.M.C has accepted a Bid by the Caterer for the supply of those Services, at a License Fee of Rs._______ /- (Rupees _________ only) per month, and as per rates listed in Schedule I – Schedule of Rates/ Quantities.AND WHEREAS the Caterer has agreed to pay the License Fee of Rs. _______ per month to the North D.M.C during the period of contract.AND WHEREAS the Caterer has agreed that the Caterer will prepare and serve the Food/ Beverage Items listed in Schedule I – Schedule of Rates/ Quantities to the Officers/ Staff of North Delhi Municipal Corporation, Visitors and during the Meetings/ Conferences/ Seminars/ Functions convened by the North Delhi Municipal Corporation at the rates listed in Schedule I – Schedule of Rates/ Quantities in accordance with the General Conditions of Contract and Special Conditions of Contract.. NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the General Conditions of Contract referred to.2. The following documents shall be deemed to form and be read and construed as part of this Agreement viz:Annex I - Special Conditions of ContractAnnex II - General Conditions of Contract;Form I - License Bid submitted by the Caterer.Schedule I - Schedule of Rates/ QuantitiesTender Document of Tender No. ____________________ dated ___________ regarding “Appointment of a Caterer to Provide Catering Services in the Canteen of North D.M.C” issued by North Delhi Municipal Corporation.Acceptance of the order No. _______ dated ______ by the Caterer.Work Order No. ______ dated ______ placed on the Caterer by the North D.M.C.The Parties intend for the entire provisions of each of the aforesaid documents to be read together harmoniously to form the Contract and to regulate their relationship inter se. In the event of any conflict in the provisions of the above listed documents, the order of precedence of the provisions thereof shall be in the order as set out above.IN WITNESS whereof the parties hereto have caused this contract to be executed in accordance with the prevalent laws of the day and year first above written.Signed, Sealed and Delivered for & on behalf of the CatererSigned, Sealed and Delivered for and on behalf of the North Delhi Municipal CorporationSignedSignedName: _________________Name : _____________________Designation:_________________Designation: _____________________Date : Date : Place : New DelhiPlace : New Delhiin the presence of :in the presence of :Name: _________________Name : _____________________Designation:_________________Designation: _____________________Date : Date : Place : New DelhiPlace : New DelhiAppendix D - Format for Power of Attorney for Signing of the BidKnow all men by these presents, We, _______(name of firm/ company and address of the registered office) do hereby constitute, nominate, appoint and authorize Mr./ Ms______ son/ daughter/ wife of ______ and presently residing at _________, who is presently employed with us and holding the position of _________as our true and lawful attorney (hereinafter referred to as the “Authorized Representative”) to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to submission of our Bid “Appointment of a Caterer to Provide Catering Services in the Canteen of North D.M.C” including but not limited to signing and submission of all applications, bids and other documents and writings, participate in pre-Bid and other conferences and providing information/ responses to North D.M.C, representing us in all matters before North D.M.C, signing and execution of all contracts and undertakings consequent to acceptance of our Bid and generally dealing with North D.M.C in all matters in connection with or relating to or arising out of our Bid for the said Tender and/or upon award thereof to us till the entering into of the Agreement with North D.M.C. AND we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or caused to be done by our said Authorized Representative pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Authorised Representative in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us. IN WITNESS WHEREOF We,, the above named Principal have executed this Power of Attorney on this ___ day of , 2014.(Signature) (Name, Title and Address) Witnesses: 1. [Notarised] Accepted (Signature) (Name, Title and Address of the Attorney) Notes: The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of the executant(s) and when it is so required the same should be under common seal affixed in accordance with the required procedure. Also, wherever required, the Tenderer should submit for verification the extract of the charter documents and documents such as a resolution/ power of attorney in favour of the person executing this Power of Attorney for the delegation of power hereunder on behalf of the Tenderer: For a Power of Attorney executed and issued overseas, the document will also have to be legalized by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney is being issued.Appendix EAppendix E – Layout Plan Ground Floor, A Block, Civic Centre - IAppendix E…ContdAppendix E – Layout Plan Ground Floor, A Block, Civic Centre - II ................
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