central warehousing corporation · benefits detailed in mse notification of govt. of india dated...

No. CWC/RO-DLI/ICD-PPG/Canteen/2018-19/1579 Date: 04.07.2018

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Tender Cost : Rs. 590/-

CENTRAL WAREHOUSING CORPORATION ( A GOVT. OF INDIA UNDERTAKING )

REGIONAL OFFICE

SCOPE MINAR, CORE-3, 1st FLOOR, LAXMI NAGAR DISTT. CENTRE,

DELHI-110092 Phone : 011-22444370-74

FAX : 011-22444375 e-mail : [email protected]

GSTIN : 07AAACC1206D1ZI

E-TENDER FOR APPOINTMENT OF CONTRACTOR FOR RUNNING CANTEEN AT CENTRAL WAREHOUSING CORPORATION, ICD, PATPARGANJ, DELHI.

No. CWC/RO-DLI/ICD-PPG/Canteen/2018-19/ 1579 Date: 04.07.2018

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CHECK LIST OF DOCUMENTS

Tender Document

Page No.

Description of Documents

6 Earnest Money Deposit (EMD) – ₹ 20,000/-

7 Documents (Sl. NO. 1 to 9 to be attached with tender in readable condition)

5-18 The Terms & Conditions for running Canteen at ICD-Patparganj on Leave & License basis.

19-20 Technical Bid (Annexure-I)

21-22 (Annexure-II)

23-24 Price Bid (Annexure-III)

25 Agreement Format (Annexure-IV)

26 Affidavit (Annexure-V) I have accepted all the terms and conditions of the Tender. I have also enclosed the documents as per page No. 7 (Document No. 1 to 9) , page No. 19 & 20 Technical Bid (Annexure-I), page No. 23 & 24 Price Bid (Annexure-III) and page No. 26 Affidavit (Annexure-V)

Signature of the Tenderer

with seal


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CENTRAL WAREHOUSING CORPORATION

( A GOVT. OF INDIA UNDERTAKING ) REGIONAL OFFICE

SCOPE MINAR, CORE-3, 1st FLOOR, LAXMI NAGAR DISTT. CENTRE, DELHI-110092

Ph. 22444370-74 FAX : 011-22444375

e-mail : [email protected]

NOTICE INVITING E-TENDER E-Tender for appointment of Contractor for running Canteen at CWC, ICD Patparganj, Delhi. Invitation of e-Tender and Instructions to Tenderers for running Canteen at ICD Patparganj, Delhi. Regional Manager, Central Warehousing Corporation, Delhi invites e-tender from bonafide and experience parties of reputed having minimum two years experience with documentary evidence in the catering services under two bid system i.e. “Technical Bid” & “Price Bid” for award of contract for running canteen at ICD, Patparganj, Delhi. Tender forms will be available on website www.cewacor.nic.in, www.tenderwizard.com from 10 AM on 04.07.2018 to 25.07.2018 upto 2.00 PM. If any tenderer wishes to participate in CWC Tender, tenderer has to register their firm once with annual registration fee of ₹5900/- (Inclusive GST) in our website www.tenderwizard.com /CWC for online e-tendering in consultation with our service provider M/s Karnataka State Electronics Development Corporation Ltd (KSEDC Ltd) and Tender Processing Fees of ₹590/- (Inclusive GST) E-Tender schedule which has to be filled and uploaded can be downloaded only after the confirmation of receipt of payment for Tender cost of ₹590/- ( Non-refundable). Payment mode is only through e-payment /online payment. (Mobile No. 8800115946 of Mr. Shibhu Yadvender representative of M/s KSEDC Ltd.) In addition to the cost of tender and the Tender Processing Fees, the tender not accompanied with EMD of ₹20,000/- shall be summarily rejected. EMD ₹20,000/- (Twenty Thousand only) in the form of DD drawn in favour of Regional Manager, Central Warehousing Corporation, Delhi will be receive in the office of the Regional Manager, CWC, Regional Office, Delhi upto 15.00 hrs on 25.07.2018.


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Tender not accompanied with requisite Token Money (EMD) shall be summarily rejected. However, Micro & Small Enterprises (SMES) registered with NSIC or KVIC or District Industries Centre or COIR Board or Directorate of Handloom or anybody specified by Ministry of MSME will be exempted from depositing of EMD amount and cost of Tender and should enclosed the proof of their being registered with agencies mentioned in the tender documents. Their Registration should be valid as on last date of submission of tender and they should also mention the terminal validity of their Registration, failing which their offer shall not be considered for benefits detailed in MSE Notification of Govt. of India dated 23.03.2012 or any other notification issued thereafter. Tenderer shall submit an Affidavit duly attested by the Notary as per Annexure–V. Besides in case of any clarification required by any of the party it may be enquired during the period of floating of Tender and before last date of submission of tender and thereafter no query by any of the party will be entertained by this office The tender should be uploaded in two bids are containing the “Technical qualification with EMD and documentary evidence as listed in the Tender Documents, which shall be superscribed as “TECHNICAL BID” (Annexure I). The second bid containing the License Fees as per schedule given in Tender should be superscribed as “PRICE BID” (Annexure III). Bids should superscribing “Tender for Canteen Contract at CWC ICD Patparganj, Delhi”. Regional Manager, CWC, Regional Office, Delhi reserve the right to accept or to reject any of the tender without assigning any reason thereof and does not find itself to accept the lowest or any other tender. Last date of online submission of e-tender is 25.07.2018 upto 3 PM. Technical bid to be opened online at CWC RO, Scope Minar, Core-3, 1st Floor, Laxmi Nagar, Delhi on 25.07.2018 at 3.30 PM in presence of those tenderers who may wish to be present at their cost. The date and time of opening of price bid will be informed to the technical qualified tenderers separately. Note: If the date fixed for opening of the tender is declared holiday, the tender will be opened on the next working day following the holiday but there will be no change in the time for opening the tender. E-tender will remain valid upto 60 days (inclusive of 25.07.2018)


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NOTE The Regional Manager, CWC, Regional Office, Delhi may at his discretion to extend this date by a month and such extension shall be binding on the tenderer. If any tender is withdrawn or modified before the date upto which the tender are valid for acceptance the earnest money of the Tenderer shall stand forfeited. Appointment of contractor for running canteen contract at ICD Patparganj, Delhi for a period of two years from the date of appointment and further extendable for six months on the same rates,(except for license fees which will be increased by 25%) terms & conditions at the discretion of the Corporation.

THE TERMS AND CONDITIONS FOR RUNNING CANTEEN AT ICD PATPARGANJ

1. PLACE OF OPERATION AND LICENCE FEE :-

The contractor shall be provided with the canteen accommodation comprising of a Kitchen and a hall without furniture at CWC, ICD Patparganj, Delhi. The Canteen is meant primarily for the convenience of the employees and officers of the Corporation, Customs officers/officials and customers/visitors to the complex. The minimum license fee for the aforesaid accommodation will be ₹12,000/- (Rupees Twelve thousand only) per month. The tender shall be awarded to the party quoting highest License Fees, which will be deposited in advance immediately on execution of the agreement.

If the contract is extended after initial two years, the license fee will be increased @ 25% and will be payable by the contractor for the extended period.

2. WATER AND ELECTRICITY :-

i) RO Water will be supplied free of charge by the Corporation subject to the condition that it is used only for running the canteen. Electricity charges shall be payable by the contractor to the Corporation on actual basis along with GST to be determined by fixing a sub-meter. Electricity will not be used for preparation of cooking items except for operation of the Espresso Coffee machine/ Mixies/ Refrigerator/ Hot-case etc.

ii) The licensor shall have right to deduct the arrears of electricity charges and loss or damages to the meters, if any, from the security deposit.

3. VOLUME OF WORK :-

i) The work involves serving of refreshment snacks, soft drinks, beverages and lunch to the officers and staff of the Corporation, Bank & Customs department and labour. In addition to this, there is large inflow of visitors, private parties, employees of Custom House Agents (CHAs), vehicle drivers, labourers etc.


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ii) However, no definite volume of work can be guaranteed during the currency of the contract.

iii) The Regional Manager, CWC, RO, Delhi, at his discretion or on request from the members of the staff direct to serve additional items at the rates approved by the Regional Manager.

4. SIGNING OF TENDER :-

Person or persons signing the tender shall state in what capacity he or they is/are signing the tender e.g. as a sole proprietor of a firm or as a Secretary/Manager/Director etc. of a body corporate. In the case of partnership firms, the name of all the partners should be disclosed and the tenders shall be signed by all the partners or their duly constituted attorney, having authority to bind all the partners in all matters pertaining to the contract including the Arbitration Clause. The original or an attested copy of the partnership deed shall be furnished along with the tender. In case of a limited company (I) the name of the Directors shall be mentioned and (II) it shall be certified that the person signing the tender is empowered to do so on behalf of the Company.

5. EARNEST MONEY :-

i) Each tender must be accompanied by an Earnest Money of ₹ 20,000/- (Rupees twenty thousand only) in the form of Demand Draft issued by any Nationalized Bank or any Scheduled Bank drawn in-favour-of the Regional Manager, Central Warehousing Corporation, Delhi. The tender not accompanied by the Earnest money shall be summarily rejected. Clause of MSME is applicable.

ii) Earnest Money shall be liable to forfeiture, if the Tenderer, after submitting his tender, resiles from or modifies his offer and/or the terms and conditions thereof in any manner, it being understood that the tender documents have been made available to him is being permitted to tender in consideration of his agreement to this stipulation. The earnest money is also liable to be forfeited in the event of the Tenderers failure, after the acceptance of the tender to furnish the requisite security deposit by the due date without prejudice to any other rights and remedies of the Corporation under the contract and law. The earnest money will be returned after decision on the tender and award of work to a successful Tenderer, after he has furnished a security deposit, if the successful Tenderer does not desire the same to be adjusted towards the Security Deposit. No interest shall be payable on the amount of Earnest Money in any cases.

6. SECURITY DEPOSIT :-

The successful Tenderer shall furnish within a week of the acceptance of his tender, a Security Deposit of ₹1,00,000/- (Rupees one lakh only) to the `Regional Manager, Central Warehousing Corporation, Delhi’. The security deposit shall be interest free and shall be refunded after adjusting the dues, if any, after the expiry of the license deed.

7. RATES: -

The Tender shall normally be awarded to the party quoting highest License Fees. The decision of CWC in this regard shall be final & binding.


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8. SUBMISSION OF TENDER :-

The tender should be uploaded in two separate annexure – one containing the “Technical Qualification” with EMD and documentary evidence as listed in the tender document, which shall be superscribed as “TECHNICAL BID” (Annexure I). The second cover containing the License Fees as per schedule given in tender should be superscribed as “PRICE BID” (Annexure III).

Tender complete in all respects with earnest money deposit of ₹20,000/- (Rupees twenty thousand only) in the form of Demand Draft drawn in favour of Regional Manager, Central Warehousing Corporation, Delhi, will be received in the office of the Regional Manager, Central Warehousing Corporation, Regional Office, Delhi-110092 upto 1500 hrs on 25.07.2018. Tenders superscribed as “TECHNICAL BID” only will be opened at 1530 hrs on 25.07.2018 in presence of those tenderers who may wish to be present at their cost. The date and time of opening of “PRICE BID” will be informed to the technically qualified tenderers separately. The tenders which do not comply with these instructions are liable to be ignored /rejected. The Tenderers must get fully acquainted with the size and location of premises and nature and extent of work and condition including anticipated trade competition etc. If any, under which it will be carried out before submission of tender and rates quoted by them. Once a tender is submitted by the tenderers, they shall be deemed to have fully acquainted themselves with the size location of premises, nature and condition of the work and trade competition etc and they shall not be entitled to any compensation arising out of any discrepancy, whatsoever, found later on.

DOCUMENTS TO BE ATTACHED DURING SUBMISSION OF TENDER

Document-1 : The bidder should have minimum Two Years experience in running

canteen services in the office/institute/hospitality sector etc. Experience certificate from these organization stating clearly the nature of Catering/Manpower/Hospitality Services, period, approx., number of person being served everyday, should be attached. The documentary proof of work in hand at present should also be attached.

Document-2 : (i) Copy of PAN Card of the Firm/Company. (ii) Copy of GST Registration of the Firm/Company for

Catering/Manpower/Hospitality Services. Document-3: Attested copies of the Power of Attorney/Resolution by BOD of Company,

as the case may be, authorizing the person who is signing the tender document.

Document-4: Attested copies of the Partnership Deed/ copy of Memorandum of Articles

of Association, as the case may be.


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Document-5: Annual turnover of minimum ₹ 5 lakh during last 02 years. Relevant portion of Balance Sheet and Profit & Loss Account of the Company/Firm showing turnover/copies of work orders for last 02 years to be furnished.

Document-6: The demand draft of EMD is to be submitted to the authorized

person/committee before closing of submission of tender date.

Document-7: Name of the Bankers, Facilities enjoyed and Bank Statement of last 03 months.

Document-8: Copy of PF & ESI Registration Certificate.

Document-9: Check List, duly signed. Note : Tenderers must ensure that the necessary documents should be attached as per

above list and all are self attested.

9. ACCEPTANCE OF TENDERS :- i) When a tender is accepted, the successful Tenderer will be required to take

up the work immediately on receipt of the acceptance or from such date as may be specified by the Regional Manager, Central Warehousing Corporation, Delhi

ii) The Regional Manager, Central Warehousing Corporation, Delhi for and on behalf of the Corporation reserves the right to reject any or all the tenders without assigning any reason thereof and does not bind himself to accept the highest or any other tender.

10. PREMISES:

a) The contractor will not carry out any alteration or modification to the floor

area provided for running the canteen without written consent of the Corporation.

b) No damage to the building/fixtures and fitting will be caused by the contractor. In the event of any damage being caused to the building/fixtures, compensation as assessed by the Executive Engineer of the Corporation shall have to be paid by the contractor to the Corporation.

c) The contractor shall use the premises solely for the purpose of running the canteen for the employees of the Corporation, Customs Department, ICD users/labours & visitors etc. and shall not assign or sublet or part with possession of the premises or any part thereof to any person to share the premises or to allow any person to occupy the licensed premises.

d) The premises shall always be kept in clean and good condition. The Licensee

will undertake renovation / up-gradation of the canteen area at his own cost as agreed upon.

e) That Licensee shall not use the said space/premises for any other purpose other than for which it has been licensed i.e. for running the Canteen only as detailed herein and in case the Licensee is found guilty of misuse, the Licensee shall be burdened with penalty and damages as determined by the Licensor.


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11. a) EARNEST MONEY :-

An amount of ₹20,000/- (Rupees twenty thousand only) shall have to be submitted with the tenders failing which the tender shall be summarily rejected. EMD should be deposited through a DD drawn in favour of Regional Manager, Central Warehousing Corporation, Delhi issued by Nationalized/Scheduled Bank. EMD through Cheque shall not be accepted. Earnest Money deposit paid by the successful Tenderer will be adjusted against Security Deposit. In the event of failure of the Licensee to deposit Security Deposit or failure to execute the agreement within the time specified, the offer of acceptance shall stand cancelled and the Earnest Money forfeited.

b) SECURITY DEPOSIT :-

A security deposit of ₹1,00,000/- (Rupees one lakh only) will have to be deposited in the form of Demand Draft to be drawn in the name of the “REGIONAL MANAGER, CENTRAL WAREHOUSING CORPORATION, DELHI”. This amount will be interest free and shall be released only after satisfactory performance of the contract and handing over peaceful possession of the premises with all its electric and sanitary fittings intact on termination/completion of the contract. Otherwise, the whole or such part of the security deposit as the Corporation may deem fit shall stand forfeited. Decision of the REGIONAL MANAGER, CENTRAL WAREHOUSING CORPORATION, RO, DELHI in this regard shall be binding on the contractor.

c) LICENSE FEE :-

The minimum license fee for the aforesaid accommodation will be ₹12,000/- (Rupees Twelve thousand only) per month. The Tender shall be awarded to the party, quoting highest License Fees, which will be deposited in advance immediately on execution of the agreement. If the contract is extended after initial two years, the license fee will be increased @ 25% and will be payable by the contractor for the extended period.

12. VALIDITY OF THE TENDER:-

The tender shall remain open for acceptance without any modification in the rates, terms and conditions of the tender for a period of 60 days from the date of opening of tender. The Regional Manager, CWC, RO, DELHI may at his discretion extend this date by a month and such extension shall be binding on the Tenderer.

13. FURNITURE, UTENSILS AND CROCKERY :-

i. Good quality furniture, stainless steel utensils and crockery of good quality duly approved by the REGIONAL MANAGER, CENTRAL WAREHOUSING CORPORATION, RO, DELHI or his authorized representative by communication in writing shall only be used in the canteen. Refrigerator of a bigger capacity and hot case shall have to be provided by the contractor.


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ii. The gas, utensils and equipments etc. required for running the Canteen will be

the responsibility of the Licensee. iii. That the Licensee shall employ its own staff and make arrangements for

aesthetic and befitting furniture and fittings at its own cost to run the Canteen.

14. FUEL TO BE USED IN KITCHEN :-

The Licensee will only use gas or electric equipments for purpose of heating, cooling and preparation of eatable and drinks. Under no circumstances, he will be permitted to use kerosene oil, wood or any other fuel which emits smoke and bad odour.

15. PROVISIONS :-

Provisions of good quality food items only will be used and Regional Manager or officers of the Corporation authorized by him acting on his behalf will have the right to examine the provisions used with a view to satisfy themselves with the quantity/quality from time to time. The decisions of the Regional Manager shall be final and binding on the Licensee. The Licensee will also make satisfactory arrangements for room service.

16. PRICES :-

The Tenderer shall supply the items on the rates as per Annexure–II. The rates of the Articles not included in the list shall be got approved in advance from the REGIONAL MANAGER, CENTRAL WAREHOUSING CORPORATION, RO, DELHI or his authorized representative from time to time.

17. NORMAL HOURS OF SERVICE : 10.00 A. M. to 10.00 P.M.

18. PERIOD OF THE CONTRACT :- The period of the contract shall be for two years from the date of award letter which will be extendable for further period of 06 months on same rates, (except for license fees which will be increased by 25%) terms and conditions at the discretion of Regional Manager, Central Warehousing Corporation, Delhi subject to satisfactory performance by the Contractor.

19. INGRESS AND EGRESS OF CANTEEN PERSONNEL :-

The ingress and egress from canteen of the Licensee and his workers and employees will be regulated by the Corporation. The employees will be neatly and soberly dressed in uniform. Observance of decorum and discipline by such employees and workers shall be the sole responsibility of the Licensee. The Licensee is to get police verification of antecedents of its employees prior to engaging him/her in the Canteen. Individuals possessing adverse police verification report are not to be deployed in the Licensor premises. Personnel, so deployed by the Licensee, while on duty inside the Canteen premises, shall be in proper uniform supplied by the Licensee at its own cost. The Licensee shall issue Identity Cards, on


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its own name and trading style, to its personnel deputed for managing and running the ‘Canteen’. The Licensor may refuse the entry into its canteen premises to any personnel of the Licensee not bearing such Identity Card or not being properly dressed.

20. LICENSE :-

The Licensee shall obtain such permits and License as may be required under any law in force for the time being for his business and he shall be liable for any of his employee’s action/ misbehavior resulting in any damages/ loss in or injury of any type to the people and property. He will also be himself liable for injury to himself or any of his employees for the time being employed by him. All taxes/ levies/ fees/charges payable to any Govt. body/local body shall be paid by the contractor and no claim whatsoever shall be against the Corporation on this account.

21. SETTLEMENT OF CLAIMS :

Any sum of money due and payable to the Licensee; such as security deposit under this license, may be appropriated by the Corporation and set off against any claim of the Corporation for payment of any sum of money arising out of or under this contract. The Licensee shall supply the material in the premises of the canteen itself, strictly on cash basis and the Corporation shall not be liable for any amount due from the employees/public on account of any material having been sold to them on credit basis.

22. ACCEPTANCE OF TENDER :

It is not binding on the licensor to accept necessarily the highest tender. Licensor reserves the right to accept or reject any or all the tenders without assigning any reasons thereof. Tenders not completed in any respect shall be rejected out rightly.

22. AGREEMENT :-

The canteen contractor shall enter into a formal agreement with the Corporation on non-judicial stamp paper of requisite value as per Annexure-IV. Any sum of money due and payable to the contractor such as Security Deposit under this contract may be appropriated by the Corporation and set off against any claim of the Corporation for payment of any such or money arising out of or under this contract.

23. TERMINATION OF CONTRACT :- i) The Regional Manager, Central Warehousing Corporation, DELHI may

terminate the contract at any time in the event of breach of any of the terms and conditions of the contract, or in the event of prosecution of the contractor or any of his employees or workers under the Food Adulteration Act or any other law by giving one month’s Notice in writing.

ii) The Regional Manager may at his sole discretion cancel the contract without

assigning any reason by giving one month notice. The action of the Regional Manager at Sr. No. (i) & (ii) shall be binding on the contractor and shall not be questioned in any manner.


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24. LIABILITY OF CONTRACTOR FOR PERSONNEL ENGAGED :-

i) All labour and / or personnel employed by the contractors shall be engaged

by them as their own employees/workmen in all respects implied or expressed.

ii) The responsibility to comply with the provisions of the various Labour Laws of

the country such as Factories Act, 1948. Workmen’s Compensation Act 1923. Employees Provident Act 1952, Maternity Benefit Act, 1961, Contract Labour (Regulation and Abolition) Act 1970, Payment of Gratuity Act, 1972, Equal Remuneration Act, 1976, ESI Act, 1948 or any other Act to the extent they are applicable to their establishment/ works/ workmen will be that of the contractor.

iii) The Corporation shall be fully indemnified by the contractor against all

payments, claims and liabilities whatsoever incidental or direct, arising out of or for compliance with or enforcement of the provisions of the above said acts or similar others Enactments of the country as they are at present or as they would stand modified from time to time, to the extent they are applicable to the establishments/ works in the Corporation.

iv) The Regional Manager, CWC, RO, Delhi shall have the right to deduct from

any moneys due to the contractor, any sum required or estimated to be required for making good the loss suffered by a worker or workers, by reasons of non-fulfillment of the conditions of the contract for the benefit or believed to be for the benefit of the workers, non-payment of wages or of deductions made from his or their wages, which are not authorized or justified by the terms of the contract or non-observance of the Rules and Regulations and or Acts by way of fulfillment of any obligations on the part of the contractors for strict observance of the provisions of the aforesaid laws.

v) The contractor will get his workers medically examined quarterly and will

submit medical report to the Corporation regularly. vi) The contractor shall be liable to ensure compliance of all enactments, rules,

regulations and of other authorities besides the instructions of the Central Warehousing Corporation that may be in force from time to time including all the labour laws, employees compensation and the minimum wages, as well as Weights and Measures and prevention of Food Adulteration etc. The corporation shall be absolutely immune and deemed indemnified in all matters, claims, liabilities and legal consequences which relates to compliance of statutory provisions, rules and regulations, orders and directions of Govt. authorities/municipal corporation/courts/forum etc. as well as the provisions of this contract agreement. In case, the Central Warehousing Corporation is put to bear any liability for lapses on the part of the contract or for its illegal actions, the Central Warehousing Corporation would have the right to realize from the contractor all dues if those are in financial terms, and on other matters, in appropriate manner as it deems appropriate including adopting legal recourse.


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vii) That the Licensee shall obtain required Government/Municipal license required for running the Licensee’s business and abide by all the terms of these licenses. The Licensee shall comply and abide by all the provisions of the Municipal Corporation of Delhi Act, by-laws or rules and regulations made there under and the provisions of the Delhi Shops and Establishment Act and such other law for the time being in force.

25. The contractor shall provide and be responsible for payment of wages/salaries,

bonus, insurance, medical and other facilities to his personnel’s as per law/ rules/ regulations and orders of the Central Govt. and Sate Govt./ Local Authorities in force from time to time. All employees of the contractor shall be exclusively employees of the contractor if the Corporation has to bear any liability on account of the employees of the contractor, the same will be deducted from his bill or otherwise from the contractor.

26. The management has the right to get the food items prepared by the contractor

tested any time during the period of the contract through a reputed test laboratory at the cost of the Corporation. Action as deemed fit can be taken if the laboratory results of the food items do not confirm to food standards under Prevention of Food Adulteration Act, or any relevant statute.

27. ARBITRATION :-

All disputes and differences arising out of or in any way touching upon or concerning this agreement of license whatsoever shall be referred to the sole Arbitration of any person appointed by the Managing Director of the Central Warehousing Corporation or such officer of the Central Warehousing Corporation to whom the power to appoint an Arbitrator may have been delegated by a General or Special order of the Managing Director of the Central Warehousing Corporation. It is agreed that any officer of the Corporation shall be appointed as the sole Arbitrator, the fact that such officer may have dealt with the dispute in question in the discharge of his duties at any stage and expressed an opinion thereof shall not act as a bar to his appointment as the sole Arbitrator. The award of such Arbitrator shall be final and binding on the parties to this. It is a term of this agreement that in the event of such Arbitrator to whom the matter is referred being transferred or vacating his office by resignation or otherwise or becoming unable to act for any reason, the Managing Director of the Central Warehousing Corporation as aforesaid shall in that event appoint another person to act as Arbitrator in accordance with terms of this Agreement. It is also a term of this Agreement that no person other than a person appointed by the Managing Director of the Central Warehousing Corporation or by such officer of the Corporation as Director of the Central Warehousing Corporation or by such officer of the Corporation as aforesaid shall act as Arbitrator. Subject as aforesaid, the Arbitration and conciliation Act – 1996 and the rules made there-under as amended from time to time shall apply to the Arbitration proceeding under this clause.


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OTHER TERMS AND CONDITIONS FOR RUNNING THE CANTEEN SERVICES FOR A PERIOID OF TWO YEARS FROM THE DATE OF APPOINTMENT AT CENTRAL WAREHOUSING CORPORAITON, ICD-PATPARGANJ, DELHI. I. DEFINITIONS:

i) The term `Contract’ shall mean and include the invitation to tender, incorporating also the instructions to tenderers, the tender, its annexure, and schedules, acceptance of tender and such general & special conditions as may be added to it.

ii) The term `Contractor’ shall mean and include the person firm or a body incorporate with whom the contract has been placed including their heirs, executors administrators, successors and their permitted assign, as the case may be.

iii) The terms `Contract rates’ shall mean the rate of payment accepted by the Regional Manager, for and on behalf of the Corporation.

iv) The terms `Corporation’ or `Central Warehousing Corporation’ wherever

occurs shall mean the Central Warehousing Corporation established under Warehousing Corporation Act, 1962 and shall include its administrators, successors and assigns. It will also be called CWC.

v) The term `Managing Director’ shall mean the Managing Director of the Central

Warehousing Corporation.

vi) The term “Services” shall mean the performance of work enumerated in schedule of service including such auxiliary, additional and incidental duties, services and operations as may be indicated by the authorized person.

vii) The term `Regional Manager’ means, Regional Manager of Central

Warehousing Corporation, Regional Office, Delhi under whose administrative jurisdiction the CWC premises and/operational activities under the contract fall.

II) OBJECT OF THE CONTRACT: The contractor shall render all or any of the services related to canteen as and when

necessary and as directed from time to time by the Regional Manager or an officer acting on his behalf together with such additional auxiliary and incidental services and operations as may be indicated by the authorized person or an officer acting on his behalf and are not inconsistent with these terms and conditions.

III. PARTIES TO THE CONTRACT:

a) The parties to the contract are the contractor and the Central Warehousing Corporation, represented by the Regional Manager or any other authorized person acting on his behalf.

b) The person signing the tender or any other documents forming part of the tender on

behalf of any other person or a firm shall be deemed to warrant that he has authority to bind such other person or the firm as the case may be in such matters


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pertaining to the contract including the arbitration clause. If, on enquiry, it is found that the person concerned has no such authority the Central Warehousing Corporation represented through the Regional Manager, Central Warehousing Corporation, Delhi may without prejudice to other civil and criminal remedies terminate the contract and hold the signatory liable for all costs and damages. The tenderers shall submit the details of person(s) authorized to sign on their/his behalf.

c) Notices or any other action to be taken on behalf of the Central Warehousing

Corporation may be given/ taken by the Regional Manager, Delhi or any other officer so authorized and acting on his behalf.

IV. CONSTITUTION OF CONTRACTOR: a) Contractor shall at time of submission of tender declare whether they are sole

proprietary concern or registered Partnership Firm or Private Ltd Company or Public Limited Company incorporated in India or Hindu Undivided Family. The composition of the partnership, names of Directors of companies and names of the Karta of Hindu Undivided Family shall also be indicated. The contractor shall also nominate a person in whose hands the management and control of the work relating to the contract during the tenure of the contract would lie. The person so nominated shall be deemed to have power of attorney from the contractor(s) in respect of the contract and whose act shall be binding on the contractor.

b) The contractor shall not, during the currency of the contract, make without the prior

approval of the Corporation, any change in the constitution of the firm. The contractor shall notify to the Corporation the death/resignation of the partners/Directors immediately on the occurrence of such an event. In the absence of receipt of such notice, approval, the Corporation shall have the right to terminate the contract.

V. SUBLETTING: The contractor shall not sublet, transfer or assign the contract or any part thereof

without the previous written approval of the Corporation. In the event of the contractor contravening this condition, the Corporation shall be entitled to place the contract elsewhere on the contractor’s account and at their risk and cost and the contractor shall be liable for any loss or damage which the Corporation may sustain in consequence or arising out of such replacing of the contract.

VI. RELATIONSHIP WITH THIRD PARTIES:

All the transactions between the contractor and third parties shall be carried out as between two principals, without reference in any event to the Corporation. The contractor shall also undertake to make third parties fully aware of the position aforesaid.

VII. MISC. TERMS & CONDITOINS:

1) The food cooked by the canteen staff shall be served hot and be of good

quality, clean, hygienic, and nutritious and prepared from fresh vegetables and ingredients.


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2) The contractor shall deploy adequate number of workers, cook, service boys and supervisor for preparation and serving of tea & food items in a pleasing and presentable manner.

3) The Corporation by giving one month notice in advance, may terminate the

contract without assigning any reason.

4) Similarly the contractor can also terminate the contract by giving 03 months advance notice for termination of contract, failing which the Security Deposit shall be forfeited.

5) That Licensee shall keep all its disposables articles / items within the premises of the Canteen and shall dispose them off daily outside the campus of the CWC. The wastage shall be disposed of in the biodegradable bins/bags.

6) That at night, sleeping in the premises is not permitted.

7) That the Licensee will ensure all safety of Fire Risk due to equipment, oven, fridge etc. being used in the Canteen.

8) That fly net/electrical insect killer/rodent repellent shall be used in the premises used for keeping any foodstuff.

9) That fridge/cold storage cabinet etc. shall not be kept outside the premises/in the open verandah.

10) That proper Care for fire protection shall be taken by the Licensee. 11) The Licensee shall not cook, manufacture or prepare any food outside the

premises or in verandahs outside the premises nor shall allow any other person to do so.

12) That the Licensee undertakes to supply all items of stores, branded & non-

branded items as per their undertaking / offered rates as per the approved Rate List. In addition, the Licensee shall use all branded items in the Canteen as per the approved List.

13) That in case MCD or any other local Govt. Authorities lift/collect samples of

the items prepared and available in the Canteen and finds that Licensee is indulging in malpractices, Licensee shall be fully and exclusively responsible for all the consequences in relation thereto and the present License Deed shall stand cancelled with immediate effect.

14) That the Licensee shall not do any thing in or outside the premises, which

may cause nuisance or annoyance to the attendants, Staff and visitors or to be prejudicial to the rights and interests of the Licensor.

15) That a Complaint/Suggestion Register/Box shall be kept in the premises at a

prominent location. The key of this box shall remain with the Licensor representative.

16) That any employee of the Licensee who is considered undesirable by the

Licensor will have to be removed by the Licensee immediately by keeping the Labour Laws in their mind.


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17) That the Licensee shall undertake that the staff employed by it is sincere, polite, co-operative and maintains proper discipline. Licensee will ensure that No child labour will be employed by the Licensee. The staff is trained on the type and nature of jobs/works. The staff displays related appropriate body languages. The staff employed by the Licensee for cooking, cleaning and serving the eatables etc. shall be free from any infections, disease, communicable diseases and periodical / six monthly medical examination/vaccination against Typhoid, Hepatitis B etc. shall be arranged by Licensee at its own cost and expenses and proper medical records of its employees will be maintained and same will be submitted to the Licensor.

18) The Licensee has to sell items and or perform service/jobs to the satisfaction

of Licensor. The rates as fixed by Licensor for fixed rate services, etc. shall be acceptable and be charged/displayed for the facility of visitors/attendants and staff etc.

19) That approved rates of all items shall be displayed at some prominent place

in the premises. 20) That the Electronic Weighing Machine with thermal printout for bills shall be

used in the premises and the same must be calibrated and certified from the authorized agency.

21) That Licensor shall have the right to check and inspect the items prepared

and sold by Licensee by entering into the Canteen space during working hours/at any time in the presence of its staff.

22) The contractor shall be responsible to keep canteen area neat and clean and

free of flies, mosquitoes/insects and rats, at his own cost. The dining tables and chairs shall be cleaned and after each use. The food items shall be displayed on the table in a clean, covered and presentable manner. Disposable paper/napkin, salt and pepper, saunf misri etc. be placed on dining table. All waste foods/food generated garbage shall be disposed off in safe manner at his cost. No garbage shall be left overnight in the premises.

23) All workers employed by the contractor shall be at his liability for all purposes

and all their claims whatsoever shall be the responsibility of the contractor. The contractor may also get their credentials tested by the local police station.

24) The Corporation shall have the right to recommend removal of any of the

workers employed by the contractor if his conduct/ behaviour is found unworthy, in any manner and such decision of the Corporation shall be binding on the contractor.

25) The contractor shall be liable for any damage, compensation or medical

treatment arising in case of food poisoning and shall sign indemnity bond in this respect.

26) Crockery, utensils, cutlery and all such equipments/items required for cooking

storing in traps and serving shall be arranged by the contractor at his own cost.


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27) The contractor will provide the list of manpower with full details to be deployed by him.

28) The rates quoted should also be inclusive of all taxes/duties, as applicable as

on date. No escalation in cost on account of increase in wages of skilled/non-skilled workers, cost of raw-materials etc. shall be considered by the Corporation during the contract period.

29) The contractor shall be responsible for insurance and accident risks of

workers employed by it for services. It shall also be the liability of contractor to make good any loss and/ or damage to the Corporation that it may suffer on the count of its workers.

30) The contractor shall pay not less than the minimum wages prescribed under

the minimum wages prescribed under the minimum Wage Act by the Central Government to the workers engaged for the work. The contractor should make the provision for the increase of the same during the currency of the contract period while submitting tenders.

31) The contractor shall comply with all EPF, ESI formalities in respect of the

persons engaged for the work in CWC. The contractor shall submit a documentary proof along with copy of the attendance sheet in support of payment of wages (not less than the minimum wages) paid to the persons engaged for running the canteen services.

32) The contractor shall not employ any person below the age of 18 years.

The contractor shall indemnify the Corporation from and against all claims and penalties which may be suffered by Corporation or any person employed by him by reason of any default on the part of contractor to observe and/or in the performance of provisions of Employment of Children Act XXVI of 1938 of any re-enactment or modification of the same.

33) In case successful service provider is found indulging in malpractices such as

bad quality, wrong portioning, unapproved items, inflated prices and any other such offence which is against the spirit and terms of contract, the Service Provider will be given a warning in writing and for any subsequent offence, will be appropriately penalized with an amount not less than ₹.500/- and ₹1,000/- for same offence consecutively.

34) Complaint Book/Suggestion Book should always be available on the site and

also feedback should be obtained from the Guests/users. 35) Any statutory liability of the Govt. whether incorporated or comes up

subsequently shall be adhered to by the contractor.

For and on behalf of the

Regional Manager, Central Warehousing Corporation,

Regional Office, Delhi


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Annexure-I

TECHNICAL BID

TENDER FOR APPOINTMENT OF CONTRACTOR FOR RUNNING

CANTEEN SERVICES

1 Name of Bidder :

2 Address

3* Employees PF Registration No. (self attested copy of PF registration certificate should be attached)

:

4* ESI Registration No. (self attested copy of PF registration certificate to be attached)

:

5* GST Registration No. (for running canteen/ catering/ hospitality services)

Self Attested copy of GST registration firm/company to be attached.

:

6 Type of Establishment (Proprietary/ Partnership Firm/ Private Ltd Company/ Public Ltd Company/HUF). Documents to be attached. A. Self Attested copies of the Power of

Attorney/Resolution by BOD of Company, as the case may be, authorizing the person who is signing the tender document.

B. Self Attested copies of the Partnership Deed/

copy of Memorandum of Articles of Association, as the case may be.

:

7 Whether Govt./Semi Govt./Private

: 8* Annual Turnover for last 02 years (Relevant

documents to be attached as per Page-8, Document-5). Annual turnover of minimum ₹ 5 lakh of the Partnership Firms/ Company Establishment during last 02 years (2015-16 & 2016-17. Relevant portion of Balance Sheet and Profit & Loss Account of the Company/Firm showing turnover/copies of work orders for last 02 years to be furnished.

:

9* Contracts executed till date : The bidder should have minimum two years experience in running canteen services in the office/institute/hospitality sector etc. Experience

: (Enclose experience certificate in support)


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certificate from these organization stating clearly the nature of catering/ manpower/ hospitality service, period approx., number of person being served everyday, should be attached. The documentary proof of work in hand at present should also be attached.

Organization’s Name : Period i) ii) iii) iv) v) vi)

10* Present assignments in hand (enclose Award Letters)

: Period

i) ii) iii) iv)

11* Copy of PAN Card of firm / company

12 Name of the Bankers, Facilities enjoyed and Bank Statement of last three months. (self attested copy should be attached)

13 Enclose Check list, duly signed. 14 Demand Draft of EMD (to be submitted to

authorized person/committee before closing of submission of tender date).

DD No. Date. Issuing Bank.

*NB : Self Attested copies in support at Sl. No. 3,4,5,6,8,9,10,11 & 12 to be enclosed with the

tender set.

Signature of Tenderer


21

Annexure-II

(Page 1 of 2)

ITEM-WISE RATES

Sr. No. BASIC MENU ITEMS Qty RATE

TEA/COFFEE

1. Tea (Readymade) 150 ml 7/-

2. Coffee Hot 150 ml 8/-

3. Tea (Special) 150 ml 10/-

COLD DRINKS

1. Cold Drinks I.E. Campa Cola, Thumps Up, Orange, Limca, Soda, Mineral Water

Per Bottle MRP

BISCUITS

1. Parle, Good Day, Bourbon, Milk Biscuits / Other Biscuits

Per Packet MRP

SNACKS

1. Vada Sambar 30 gm 16/- 2. Pakoda Per Plate 125 gm (5 pcs) 10/- 3. Samosa 60 gm 7/- 4. Sada Dossa 50 gm 15/- 5. Masala Dossa 150 gm 23/- 6. Idli Sambar (Two Piece) 65 gm 18/- 7. Dhahi Vada Single Piece 60 gm 12/- 8. Dhahi Vada Double Piece 120 gm 20/- 9. Bread Pakoda (Per Piece) One full slice 8/-

10. Omlete One Egg Without Slice 60 gm 8/- 11. Omlete Two Eggs 120 gm 15/- 12. Bread Roll (Each Piece) - 10/- 13. Vegetable Sandwich Two piece 15/-


22

Annexure-II(Page 2 of 2)

LUNCH (VEG)

1. Rice With Vegetable Curry 400 gm 30/- 2. Rice With Dal 400 gm 25/- 3. Channa Curry / Rajmah 250 gm 25/- 4. Butter Slice Two piece 12/- 5. Dal Fry 250 gm 20/- 6. Raita 250 gm 15/- 7. Chapati 50 gm 5/- 8. Puri With Chollay 4 puri (120 gm) 20/- 9. Chollay Bhature Two piece 20/- 10. Vegetable Ordinary (Sabzi) 250 gm 20/- 11. Dal Ordinary 250 gm 18/- 12. Egg Curry One egg (250 gm) 20/- 13. Mutter Paneer (Per Bowl) 250 gm 30/- 14. Dal Makhani (Per Bowl) 250 gm 25/- 15. Vegetable Kofta (Per Bowl) 250 gm 25/- 16. Thali - Dal, 2 Vegetables, Pickle,

Raita, Rice & 4 Chapaties, Papar 40/-

MILK PRODUCT

1. Kheer (Per Bowl) 250 gm 20/- 2. Ice-Cream (packed) 50 gm/ 100 grm MRP MRP 3. Curd (Packed) Mother Dairy / Amul 200 gm MRP MRP

Note: All the above items should be as per normal standard in respect of quantity, quality &

weight etc.


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Annexure-III

(Page 1 of 2)

PRICE BID The Regional Manager, Central Warehousing Corporation, Regional Office, Delhi-11092 Dear Sir, I/We submit the Price Bid for appointment of contractor for running Canteen Services at Central Warehousing Corporation, ICD-Patpargtanj, Delhi. I/We thoroughly examined and understood instructions to tender terms and conditions of contract, given in the invitation to tender and those contained in the general conditions of contract and its annexure and agree to abide by them. I/We hereby offer to work at the rates given in the Price Bid. I/We undertake to take responsibility of all statutory liabilities such as EPF/ESI etc. I/We shall be bound by the communication of acceptance of the offer dispatched within the time and I/We also agree that if the date upto which the offer would remain open be declared a holiday for the Corporation, the offer will remain open for acceptance till the next working day. As required no documents are being enclosed with Price Bid. Demand Draft/Banker Cheque No……………………..dated…………… issued by (Name of the Bank) ………………………………………for a sum of ₹ 20,000/- (Rupees twenty thousand only) is deposited/submitted to the authorized person/committee or Regional Manager at Central Warehousing Corporation, Regional Office, Scope Minar, Core-3, 1st Floor Laxmi Nagar Distt. Centre, Delhi-110092 with the sealed quotation set before closing of submission of quotation date. In the event of my quotation being accepted, I we agree to furnish a security deposit as in the manner prescribed. I/We do hereby declare that the entries made in the quotation appendix/ schedules annexure attached with the technical bid are true and also that I/We shall be bound by the Act of my duty/our duly constitute Attorney Shri___________________ whose signature are appended hereto in the space as specified for purpose and of any others person who in future may be appointed by me/us in his stead to carry on the business of the concern whether any intimation of such change is given Regional Manager, CWC, RO, Delhi or not.

Signature of Tenderer


24

ANNEXURE-III

(Page 2 of 2)

Licence Fees for Running Canteen at CWC, Inland Container Depot, Patparganj, Delhi-110091.

Sl.No. Description of Items Amount of License per

month 1 Licence for Running Canteen at CWC, Inland

Container Depot, Patparganj, Delhi

……………………

1.1 The rates quoted are exclusive of GST or any other tax levied by the Central Govt. in place of GST and the same shall be paid to the Corporation over and above the rates quoted.

1.2 GST amount shall be claimed separately in the bill. NOTE: Minimum amount of License Fees shall be ₹ 12,000/- (Rs. Twelve Thousand only) per month.


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ANNEXURE-IV

AGREEMENT

The CENTRAL WAREHOUSING CORPORATION having agreed to grant the contract for running the Canteen at ICD, PATPARGANJ , DELHI in response to the submission of sealed Tender by me on …………… to the Regional Manager, RO, DELHI. I M/s. ………………………………………………………. am executing this Agreement on …………….. and hereby confirm that I have thoroughly examined and understood the terms and condition of tender bearing No. …………………………………………….. dated ………………. issued by the Regional Manager, RO, Delhi for issue of license for running a Canteen at CWC, Patparganj, Delhi and agree to abide by them.

I willingly undertake the said work consequent upon the approval of the TENDER

submitted by me to the Regional Manager, RO, DELHI at the rates specified in the Annexure-II hereto which forms part of this agreement and as per terms and conditions of the TENDER.

I agree to pay a sum of ₹…………. (Rupees …………………………….only) per

month as Leave and License fee to the Corporation payable in advance before 15th of every month for total floor or of Canteen Area allotted to me. Electricity charges shall be payable to Corporation on actual basis to be determined by fixing a sub-meter.

I will supply the menu items as per Annexure-II on tender form or any type of

escalation in the rates of items to be supplied by me as fixed by CWC during this contract period (including extended contract period if any) will not be allowed in any circumstances, whatsoever rates for new items can not be fixed without consultation consent of the RM, CWC, RO, DELHI.

I assure the said Corporation that I shall run the Canteen to the best of my ability at

all stages during the tenure of the contract. This Agreement shall remain in force for a period of two years w.e.f. ………… and will be extendable at the option of the Corporation for another Three months on the same terms and conditions. This agreement is executed on ……………. at Delhi.

WITNESSES : 1. 2. SIGNATURE OF THE CONTRACTOR CAPACITY IN WHICH SIGNING WITNESSES : 1. 2.

For and on behalf of the Regional Manager,

Central Warehousing Corporation, Regional Office, Delhi


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ANNEXURE-V

AFFIDAVIT To be submitted on a stamp paper (of ₹100/- minimum) duly attested by Notary Public (Duly affixed with Notarial revenue stamp; and with Notary Seal; and Notary Registration number etc.) I ______________________________ S/o /D/o/W/o ___________________________

Managing Director*/ Director* / Proprietor* of M/s _____________________________ ________________________ located at ______________________________________. Do hereby solemnly affirm and declare as under:-

1. The company is a Micro/Small Enterprise as per the Govt. of India definition; and has

been functional at the time of bar code registration.

2. The company continues to be a Micro/Small Enterprise and functional as on date.

3. As per the books of accounts, the total investment (Original purchase value) in Plant

and Machinery in the company as on the date of submission of bids is

₹________________ which is within the limit prescribed in MSME Act.

4. i) Udyog Aadhar Memorandum (UAM) number of our company is _______________.

ii) We hereby confirm that we have declared the UAM number on Central Public

Procurement Portal (CPPP)

iii) We are aware that non-declaration of UAM number of CPPP will make us ineligible

to enjoy the benefits as per Public Procurement Policy for MSEs, order, 2012.

Signed on ______

DEPONENT VERIFICATION: Verified that the contents of the affidavit are true to the best of my knowledge and belief.

DEPONENT

Place: Date: Note Strike out whichever is not applicable.