EXPRESSION OF INTEREST DOCUMENT. for PROVIDING CATERING AND RESTAURANT SERVICES TO DELHI & DISTRICT CRICKET ASSOCIATION

Transcription

1 EXPRESSION OF INTEREST DOCUMENT for PROVIDING CATERING AND RESTAURANT SERVICES TO DELHI & DISTRICT CRICKET ASSOCIATION at FEROZSHAH KOTLA, NEW DELHI TO BE DEPOSITED IN THE BOX KEPT IN THE CLUB SECRETARY S CABIN Cost of Expression of Interest Document Rs. 1,000/- DELHI & DISTRICT CRICKET ASSOCIATION FEROZSHAH KOTLA, NEW DELHI

2 DELHI & DISTRICT CRICKET ASSOCIATION FEROZSHAH KOTLA, NEW DELHI EXPRESSION OF INTEREST (EOI) Sealed EOI are invited in two bid system (Technical Bid and Financial Bid) for providing catering services on contractual basis at Delhi & District Cricket Association (DDCA) situated at Ferozshah Kotla, New Delhi from reputed firms/agencies/companies having valid licenses and sanctions and shall have experience in the field of catering and restaurant services for a minimum period of ten years. The detailed particulars and EOI forms can be obtained from Chief Administrator, DDCA on any working day from 18 th March to 25 th March, 2014 between 1:00 p.m. to 7:00 p.m. on the payment of Rs. 1,000/- (Rupees One Thousand Only) through demand draft in favour of Delhi & District Cricket Association, New Delhi. No other mode of payment will be accepted. The EOI document can also be downloaded from DDCA website EOI documents duly completed in all respects to be submitted in the box kept in the Club Secretary s cabin at DDCA, Ferozshah Kotla, New Delhi alongwith the earnest money of Rs. 5,00,000/- (Rupees Five Lacs Only) vide demand draft drawn in favour of Delhi & District Cricket Association, New Delhi. The Management reserves the right to accept or reject any Expression of Interest in part or whole without assigning any reason thereof. Availability of Expression of Interest forms : 18 th 25 th March, 2014 (1:00 p.m. to 7:00 p.m.) Pre-bid Meeting : 24 th March, 2014 (4:00 p.m.) Last date for Expression of Interest submission : 26 th March, 2014 (3:00 p.m.) Date for opening of Expression of Interest : 27 th March,

3 ************************** INTRODUCTION & GENERAL REQUIREMENTS ************************ 3

4 ABOUT THE ORGANIZATION Delhi & District Cricket Association (DDCA) is a section 25 company duly incorporated under the Companies Act, DDCA is engaged in cricket activities and for the hospitality of its members and cricketers inside its premises. INTRODUCTION FOR PROVIDING CATERING SERVICES DDCA is having a stadium namely, Ferozshah Kotla Ground for playing sport of cricket. The building is having a designated space at ground floor with kitchen area equipped with some basic facilities of water and electricity alongwith latest equipments and gadgets. DDCA is inviting Expression of Interest from reputed firms/agencies/companies for providing catering services to DDCA in the following area: The fully air-conditioned restaurant with sufficient seating capacity of approximately 60 persons To provide food services in all the matches played at DDCA or hosted by DDCA at different venues To provide food services in the restaurant and bar of DDCA THE CONTRACT FOR AWARD OF THIS SPECIALIZED WORK FOR CATERING AND RESTAURANT SERVICES THROUGH THIS EXPRESSION OF INTEREST SHALL COME INTO FORCE ON THE DATE AS DECIDED BY DDCA 4

5 EXPRESSION OF INTEREST DOCUMENT FOR PROVIDING CATERING AND RESTAURANT SERVICES TO DDCA Last date & time for sale of Expression of Interest Document & submission of duly filled Expression of Interest: For Sale DATE AND TIME: - From 18 th March, 2014 to 25 th March (1:00 p.m. to 7:00 p.m.) For Submission DATE AND TIME :- 26 th March, 2014 (3:00 p.m.) (Duly filled-in Expression of Interest Documents, complete in all respects, to be submitted in the Box kept in the Club Secretary s cabin, DDCA, Ferozshah Kotla, New Delhi ) No Expression of Interest Document would be accepted after 3:00 p.m. of 26 th March, 2014 Date & Time of Pre- Bid Meeting : 24 th March, 2014 (4:00 p.m.) Date & Time of Opening of Technical Bids : 27 th March, 2014 (12 noon) Date & Time of Opening of Financial Bids : 27 th March, 2014 (5:00 p.m.) Venue for Pre-Bid Meeting, Opening of Technical & Financial Bids: DELHI & DISTRICT CRICKET ASSOCIATION FEROZSHAH KOTLA, NEW DELHI

6 DELHI & DISTRICT CRICKET ASSOCIATION EXPRESSION OF INTEREST FOR PROVIDING CATERING AND RESTAURANT SERVICES TO DDCA AT FEROZSHAH KOTLA, NEW DELHI NAME OF THE APPLICANT (as per Registration Certificate) COMPLETE POSTAL ADDRESS OF THE APPLICANT (as per Registration Certificate) - Telephone No. 6

7 DELHI & DISTRICT CRICKET ASSOCIATION EXPRESSION OF INTEREST FOR PROVIDING CATERING AND RESTAURANT SERVICES TO DDCA AT FEROZSHAH KOTLA, NEW DELHI TECHNICAL BID Earnest Money Deposit (EMD) (To be enclosed in a separate envelope while submitting Technical Bid) Demand Draft No. dated for Rs. drawn on (name of the bank) in favour of Delhi & District Cricket Association, New Delhi COMPANY/FIRM PROFILE Name of the Company/Firm and complete registered address Legal Status (Individual, Sole Proprietary firm, Hindu Undivided Family (HUF) business, Partnership firm, Consortium, Joint Venture, Limited Company or Corporation) Status of the signatory of the applicant Has your company/firm ever changed its name any time? If so, when, the earlier name and the reason thereof? Were 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. Name, Designation and Tel. No(s) of the Contact Person -Fax No(s) - address Year of commencement of Business Nature of Business (Copies of Audited financial statements for the last three financial years duly certified by a Chartered Accountant to be enclosed) 7

8 Statutory Details (Photocopy duly signed to be attached) -Registration No. of the Firm - PAN - EPF Registration No. - ESI Registration No. - Service Tax, VAT/CST Registration No. - Name & Address of Bankers alongwith Current Account Details Income Tax Assessment Completion Certificates for the financial years , and duly certified by a Chartered Accountant. (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 noncompletion of the assessment for the required years may be indicated) List 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 address Name & designation of the Contact Person with Tel/ Mobile No(s) and ID Date of Contract & Contract period No. of persons deployed by your firm No. of persons served Details of Similar Works S. No. Name of Organization Name of Work Period of Work Amount (In Rs) 8

9 Volume of business done during the last three years (please submit documentary evidence) Details of annual financial turnover (gross) (Duly certified by Chartered Accountant) (Rs. in Lakh) FY FY FY Financial Solvency (Duly certified by Banker) Whether Performance Certificates as prescribed in Annexure-IV of Expression of Interest Document from previous organizations enclosed? Whether applicant is willing for inspection of present premises by a team of DDCA Officers after opening of expression of interest. Details of Manpower and proof of depositing Statutory Taxes to be enclosed SIGNATURE OF APPLICANT a) In case of sole proprietary concern, the name of the sole proprietor, father s/ husband s name, age, residential address and office and residential phone numbers are to be indicated. b) 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. c) 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). d) In case of Limited Company, printed copies of Memorandum and Articles of Association as well as last three financial year Annual Report of Audited Accounts are to be annexed. Authorization by the Board of Directors in favour of the signatory of the Expression of Interest as well as other documents on behalf of the company may also be enclosed. e) A declaration is to be recorded by the authorized signatories of the Expression of Interest 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 Expression of Interest and during the tenure of the Contract Agreement, if 9

10 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 DDCA, failing which the Contract Agreement will be terminated at the sole discretion of the DDCA. It is also to be certified that there is no criminal record of the applicant/ proprietor/ managers/partners/directors) or their close relatives affecting the business/ profession under this Contract Agreement. f) Bid submitted by a Consortium should comply with the following additional requirements:- i) Number of members in a consortium should be limited to two only; ii) iii) iv) The bid should contain information of each member of the consortium; Any or one of the consortium members should purchase the Expression of Interest document from DDCA; 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; v) 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; vi) The Memorandum of Understanding (MOU) shall, inter alia: - Expressly convey the intent to form a Joint Venture Company, with their respective share holding 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 stage. - Commit the minimum equity stake as required under the clause; and - Include 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 alongwith the Bid. The MOU entered into amongst the members of the consortium should be specific to the Expression of Interest and should also contain the above requirements, failing which the Bid shall be considered non-responsive. vii) Any entity which has been debarred by any of the entity of Govt. of India from participating in the transaction process and the debar stands as on the Bid Due 10

11 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. 11

12 ************************ INSTRUCTIONS TO APPLICANT ************************ 12

13 INSTRUCTIONS TO APPLICANT General: 1. Please read the Terms & Conditions carefully before filling up the document. Incomplete Expression of Interest Documents will be rejected. It is in the interest of perspective applicant that they may inspect the proposed premises before submitting the Expression of Interest. 2. Before submitting the Expression of Interest, details of documents to be enclosed and may be verified from the Check List (Refer Annexure-I) of the Expression of Interest Document. 3. The bidders, who downloads the Expression of Interest Document from DDCA s website, are required to submit a separate demand draft for Rs. 1,000/- (Rupees One Thousand Only) towards the cost of the Expression of Interest Document otherwise the Expression of Interest so submitted, shall be rejected. THIS DEMAND DRAFT IS REQUIRED TO BE SUBMITTED IN A SEPARATE ENVELOPE. 4. The applicant must write the Name & complete postal address of the bidding firm/company on the reverse side of the Demand Draft(s). 5. All pages of the Expression of Interest Document must be signed by the Authorized Signatory and sealed with the stamp of the bidding firm/company as token of having accepted all the Terms and Conditions of this Expression of Interest. Duly filled in Expression of Interest form should be supported by Letter of Submission of Expression of Interest Document as at Annexure-II of the Expression of Interest Document. 6. DDCA reserves the right to obtain feedback from the previous/present clients of the applicant and also depute its team(s) to inspect the site(s) at present contract(s) for onthe-spot first hand information regarding the quality of food and services provided by the applicant. The decision of the DDCA in this regard will be final and binding on all bidders. 7. Expression of Interest shall be submitted in DDCA s official Expression of Interest form only. If submitted in any other manner, the same shall be summarily rejected. 8. Expression of Interest received without the prescribed Earnest Money Deposit (EMD) of Rs. 5,00,000/- (Rupees Five Lacs Only) shall be rejected. 9. Applicant shall submit the Expression of Interest documents as per the requirement of DDCA otherwise DDCA at its discretion shall reject the incomplete Expression of Interest documents at the time of opening of technical bids itself. 10. The name and address of the bidder shall be clearly written in the space provided for the purpose and no over-writing, correction, insertion shall be permitted in any part of the 13

14 Expression of Interest unless duly countersigned by the bidder. The Expression of Interest should be filled in and submitted strictly in accordance with the instructions contained herein, otherwise the Expression of Interest is liable to be rejected. 11. The financial bids submitted by all bidders should be valid for atleast for a minimum period of two years from the date of opening of technical bids. 12. Person signing the bid or other documents connected with Expression of Interest must clearly write his/her name and also specify the capacity in which signing. 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 of the Expression of Interest documents. 13. DDCA reserves the right to reject any or all the Expression of Interest without assigning any reason whatsoever. 14. Before submitting the filled-in Expression of Interest Document to DDCA, bidders may seek clarification(s), if any during pre-bid conference scheduled on 24 th March, 2014 at 4:00 p.m. at DDCA, New Delhi. 15. The successful bidder will have to enter into a Contract Agreement with DDCA (as per draft agreement given in Annexure-III) within 7 (seven) days of issue of Letter of Award on non-judicial stamp paper of Rs. 100/- (Rupees One Hundred Only) before taking charge of the restaurant/bar in respect of providing catering services and commencement of the work, failing which termination of contract and forfeiture of Earnest Money Deposit (EMD). 16. Canvassing in any form will make the Expression of Interest liable to rejection. 17. Eligibility Conditions:- a) The applicant should be in catering and restaurant business (excluding beverage and snacks service) for a minimum period of ten years as on 18 th March, b) The applicant should not have incurred any loss in more than two years during the immediate last five consecutive financial years, duly certified by Chartered Accountant. c) Performance Certification The bidders performance, as per format at Annexure IV for each work completed in the last five years and in hand should be certified by a responsible person i.e. General Manager, if worked in a private sector or equivalent from the concerned organization. The certificate should also indicate the compliance of statutory requirements complied by bidder. d) Minimum Requirement of Personnel 14

15 DDCA has prescribed the minimum requirement of personnel on site as stated in point no. 21(A) of the Expression of Interest Document who shall have to be available for providing satisfactorily catering services and accordingly the weightage shall be awarded on this account while evaluating Technical Bid. It is expected that perspective Bidder may indicate the same in their Technical Bid. e) Expression of Interest received without proper documents including demand draft, shall be summarily rejected. 18. Guidelines for Submission of Expression of Interest :- The bids are to be submitted as under: - (i) (ii) (iii) (iv) (v) (vi) Earnest Money containing Demand Draft for Rs. 5,00,000/- (Rupees Five Lacs Only) drawn in favour of Delhi & District Cricket Association payable at NEW DELHI shall be kept in separate sealed envelope, super-scribed as Earnest Money deposit for providing Catering Services to DDCA. Expression of Interest received without EMD Shall be summarily rejected. Technical Bid containing requisite documents as listed in checklist enclosed with the Expression of Interest documents, herewith, shall be placed in a separate sealed envelope super-scribed as Technical Bid for providing Catering Services to DDCA. Financial Bid containing Schedule of Rates as prescribed in the Expression of Interest documents shall be placed in a separate sealed envelope super-scribed as Financial Bid for providing Catering Services to DDCA. All these three envelopes shall be placed in a separate bigger sealed envelope and superscribed as Expression of Interest for providing Services to DDCA due for opening on 27 th March, The Technical Bid of only those applicants shall be opened who submit the Earnest Money Deposit as prescribed above. The Financial Bid of only technically qualified bidders shall be opened. 19. Date, Time and Venue for Submission of Expression of Interest:- The Expression of Interest addressed to Club Secretary, DDCA shall be submitted in the box kept in the Club Secretary s cabin of DDCA at Ferozshah Kotla, New Delhi on or before 26 th March, 2014 (3 p.m.). Expression of Interest received after due date & time shall not be accepted in any case. 20. Opening of Bids:- 15

16 The Bids as described above shall be opened on 27 th March, 2014 at 12 noon at New Club House, Ferozshah Kotla, New Delhi a) The Financial Bids of only technically qualified applicant shall be opened at 5 p.m. in presence of such bidders who may wish to be present, either in person or through their authorized representatives (duly supported with authorization letter on letter head of the firm duly stamped) for further consideration. The decision of the DDCA in this regard shall be final & binding and no requests etc. shall be entertained from the bidders. b) The EMD of bidder who after opening his Technical Bid backs out from the Expression of Interest process shall be liable for forfeiture of 50% amount of the EMD deposited by him. In case the bidder after award refuses to execute the work shall be liable for forfeiture of 100% amount of EMD deposited by him. c) EMD of the unsuccessful bidders shall be returned, without any interest, within a period of one month from the date of award of work to the successful bidder. However, the EMD submitted by successful bidder shall be converted in Performance Security. 21. Criteria for Evaluation of Bids (A) Technical Bid i) Technical Bids of only those applicants shall be evaluated who submit the Cost of Expression of Interest Document as well as Earnest Money as described in the Expression of Interest document. S. Attributess No. 1 Financial strength a) Average Annual Turnover b) Solvency Certificate 2 Experience in similar works Performance reported by earlier organization where applicant has executed or executing similar works in last seven years Engagement of Personnel & Establishment Minimum Requirement of Personnel on site 16

17 a) Minimum number of personnel on the permanent roll of applicant including category of persons Manager - 1 Accountant - 1 Asstt. Manager Cum Store Keeper -1 Cook - 2 Asstt. Halwai Cum Cook - 3 Tea/Coffee Maker - 2 (Branded) Bearer - 15 Wash Boy - 2 Safaiwala - 2 b) Adhering of Labour Laws viz. ESIC, EPF, VAT/Sales Tax, Service Tax (for each for last three financial years duly certified by a Chartered Accountant) (B) Financial Bid The Financial Bid of only those applicants who qualify in the technical criteria shall be opened and evaluated in the following manner:- 1) The Financial Bid shall be the sole criteria for award of the contract to such bidder who has been declared technically qualified. CONDITIONAL OFFER SHALL BE SUMMARILY REJECTED 17

18 ************************* GENERAL CONDITIONS OF CONTRACT ************************* 18

19 1. Interpretations GENERAL CONDITIONS OF CONTRACT 1.1 In construing these conditions, the following words shall have the meanings herein assigned to them except where the subject or context otherwise requires: Employer shall mean The Contractor having its office at his registered address at or any of his officer duly authorized by him and his legal representatives, assigns and successors. Contractor shall mean individual, sole proprietary firm, HUF Firms, partnership firms, limited company - private or public, corporation or consortium or joint venture company and his (their) heirs, legal representatives, assign and successors. Principal Employer, DDCA shall mean the Club Secretary of DDCA or any officer duly authorized by the Club Secretary and his legal representatives, assigns and successors and shall be incharge of the works for the purpose of this contract. Manager shall mean representative of the Contractor 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 to the last known private or business address or registered office. Year means financial year unless stated otherwise. The word Contract used herein shall mean the Clauses of Contract Agreement, General Conditions of Contract, Special Conditions of Contract, the Schedule of Rates & Quantities as quoted by applicant and accepted by DDCA, and other terms and conditions as described in the Expression of Interest Document. 2. Scope of Contract The Contractor shall carry out the complete work in every respect relating to providing of catering services to DDCA in accordance with this Contract and as per directives and to the satisfaction of the Principal Employer. The Contractor shall strictly abide by The Principal Employer 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 while providing catering services as follows: At the fully air-conditioned restaurant with sufficient seating capacity of approximately 60 persons For providing food services in all the matches played at DDCA or hosted by DDCA at different venues 19

20 For providing food services in the restaurant and bar of DDCA All verbal instructions, directions and explanations given to the Contractor or his Manager at the works by the Principal Employer shall, if involving in variations, the same may be confirmed in writing by the Contractor 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 Price Schedule of Quantities shall be fixed by the Employer after consultation and getting written consent of Principal Employer. 3. Specifications & schedule of quantities It is expected that Contractor shall serve a good quality of food/ snacks/tea/coffee etc. and which shall be prepared with permissible brand of consumables as appended in Annexure-V. The weight/quantity of each item to be served is to be described by the Contractor/ Applicant in Schedule-I. The Contractor has to maintain hygienic environment in the restaurant/bar including kitchen, stores and surrounding area and will be solely responsible for the removal of garbage. 4. Contractor to provide everything necessary for proper catering services The Contractor shall provide all necessary items for the proper catering services including Schedule of Quantities and Specifications taken together. The Contractor shall supply, fix and maintain at his own cost all the equipments provided by DDCA or installed by the Contractor for proper catering services. However, DDCA shall provide certain infrastructure including space, furniture items at the start for one time hereinafter free of cost which may be considered as subsidy or grant-in-aid to the contractor for providing catering services with the sole aim that rates quoted shall be bare minimum. But the Contractor shall bear the cooking gas charges and electricity charges but for the period of first one year from the date of contract, the electricity will be provided by DDCA free of cost to the Contractor. 5. Authorities, Notices etc. The Contractor 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 Contractor shall also arrange to settle all notices required by the said Acts, regulations or bye-laws himself/itself 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 catering services and submit the receipts with the Principal Employer, as and when asked for. The Contractor shall also indemnify the Principal Employer 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. 20

21 6. Date of commencement and completion The contractor shall be allowed admittance to the site on the Date of Commencement i.e. which shall be considered as decided by the Principal Employer and he shall thereupon and forthwith begin the catering works and shall regularly proceed till the validity of the contract. 7. Damages to persons & property insurance The Contractor shall be responsible for any type of injury to the persons and any damage to the structural or decorative part of property of the Principal Employer (which may happen due to the operation or negligence of contractor 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 Contractor shall indemnify the Principal Employer and hold him (Principal Employer) 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. 8. Insurance - by taking all risk policy The Contractor shall indemnify the Principal Employer against all claims which may be made against the Principal Employer 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 Principal Employer and the contractor against such risks and deposit such policy with the Principal Employer with in the 30 (thirty) days of the start of the contract. The contractor shall also indemnify the Principal Employer 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 Principal Employer 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 contractor (including Performance Security Deposit). The Contractor 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 Principal Employer, the contractor on signing the contract shall insure the designated premises of DDCA 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 Contractor 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 Principal Employer and the Contractor. The premium to the Insurance Company shall be borne by the Contractor. Such policy shall cover the designated premises of the Principal Employer, his services and shall not cover any property of the 21

22 Contactor. Contractor shall deposit the policy and receipts for the premium with the Principal Employer within 30 (Thirty) days from the date of signing of the contract. The contractor has to assign that policy in favour of Principal Employer. In default of the contractor insuring as provided above, the Principal Employer may so insure and deduct the premiums paid from any money due, or which may become due to the contactor. 9. Inspection and Supervision The facility of Catering Services will be inspected by Principal Employer or his Authorized Representative from time to time. The directions offered by the Principal Employer or his Authorized Representative shall have to be implemented by the contractor. The raw materials brought by the contractor for cooking of food items shall be inspected Principal Employer or his Authorized Representative at random before the same are used for cooking of finished products. 10. Failure by Contractor to comply with Instructions and termination of Contract a) The Principal Employer reserves the right to terminate the contract if it has been found that the contractor is not complying with his instructions after giving a notice of one month during the probationary period effective from taking over charge of Catering Services by the Contractor. b) The Contract can be terminated by either party i.e. DDCA or the Contractor by giving three months notice to the other party extendable by mutual agreement till alternate arrangements are made. On termination of contract, the Contractor shall hand over all the equipments/furniture/articles etc. supplied by DDCA in good working condition. c) Further, Principal Employer 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 Contractor. On the expiry of the period as mentioned in the notices, the Principal Employer shall issues final letter of termination of contract. In the event of termination, pursuant to above paragraph of this clause:- - Contractor on the instructions of Principal Employer has to cancel supply orders or work orders, which he might have placed with the other vendors. 11. Recourse Principal Employer shall have recourse for any cost(s), claim(s), demand(s), proceeding(s), damage(s) & expense(s) whatsoever arising out of or in connection with failure of contractor to perform any of the obligations under the terms of this contract either from the Payments due or 22

23 Performance Security. 12. Terms of Payment a) The payments for the food to be served at the restaurant and the bar shall be made by the staff member/visitor themselves and not by DDCA. However, for official event/meetings/seminars/conferences or any other events in and outside DDCA premises, the payment shall be made by DDCA as per the rates finalized in the bidding process at the time of entering into the contract. b) The Contractor shall provide the food items to members and their guest and staff members of DDCA against the debit card only as issued by the DDCA. The Contractor is prohibited to accept cash for providing food items in the restaurant and DDCA premises to the guests, members and staff members of DDCA. c) 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. d) The Contractor shall raise an invoice fortnightly to the Principal Employer regarding the food services made during that period and payment shall be made accordingly by the Principal Employer. e) The Principal Employer will charge 10% of the revenue earned by the Contractor through its invoices raised fortnightly, as Administrative charges for the maintenance of the Club. 13. Period of Contract Initially the contract agreement will be entered into for 36 months, which can be extended at the discretion of the Contractor and Principal Employer as mutually agreed between them. The first three months from the date of taking over charge of restaurant in respect to catering services from DDCA, shall be considered as probationary period. The rates of any of the items shall not be changed / modified during the contract period. However, increase in rates due to inflation can be considered by DDCA and decided as mutually agreed, after two years from the initiation of the Contract. 14. Laws Governing the Contract a) The contract shall be governed by the Indian laws for the time being in force. However, contractor has to comply with all the applicable labour laws in connection with catering services. The Principal Employer 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 contractor and to satisfy the employer on adherence of the labour laws shall be the sole responsibility of the Contractor. b) Only courts situated at New Delhi shall have the jurisdiction to entertain the claim or for 23

24 enforcement of the award. 15. Liquidated Damages/Penalties a) DDCA, if not satisfied with the quality of eatables served, services provided or behaviour of the Contractor or his/her employees, the Contractor shall be served 24-hours notice to improve or rectify the defects, failing which DDCA shall be at liberty to take appropriate necessary action as deemed fit. b) DDCA reserves the right to impose liquidated damages ( LD ) or penalty on the contractor for any serious lapse in maintaining the quality and services willfully by the contractor or his employees for any adulteration. The decision of DDCA for imposition of 1.5% of the estimated cost put to the Expression of Interest subject to a maximum of 10% of the estimated cost of the Expression of Interest. 16. Discrepancies and Adjustment of Errors The several documents forming the contract are to be taken as mutually explanatory of one another, detailed scope of catering services. The conditions shall be understood in the following sequence:- a) Special Conditions of Contract b) General Conditions of Contract c) Instructions To applicant 17. Forfeiture of EMD EMD of the successful bidder shall be liable to be forfeited if the contractor does not fulfill any of the following conditions: i. Contract Agreement not signed in the prescribed form within 07 (seven) days of the receipt of the Letter of Award of the Contract; ii. The Contractor does not commence catering services within 10 (ten) days of the stipulated date for commencement of catering services or 11th day of receipt of Letter of Award by the Contractor. 18. Arbitration Dispute or difference between the parties hereto arising under the agreement or its interpretation shall be referred to the arbitration of Sole Arbitrator to be appointed by the mutual consent of both the parties. The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 at New Delhi and the decision of the arbitrator shall be 24

25 final and binding upon the parties hereto. 19. The Contract for providing of catering and restaurant services through the Expression of Interest shall come into force on the date as decided by the Principal Employer. 25

26 ************************* SPECIAL CONDITIONS OF CONTRACT ************************* 26

27 SPECIAL CONDITIONS OF CONTRACT 1. The Contractor shall, prior to the commencement of the operation of contract, make available to DDCA, the particulars of all the employees who shall be deployed in the premises of DDCA for providing of catering 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. 2. The Contractor shall be responsible for engaging adequate number of trained/semi-trained manpower including a Manager as over all in-charge required for providing good catering services in restaurant of DDCA and the employees of the Contractor should possess good health and should be free from any diseases, especially contagious and frequently recurring diseases. 3. The Contractor shall also deploy adequate manpower for work during late hours and on Saturdays/Sundays, including other holiday if required by the Principal Employer for catering services during seminar, official parties etc. 4. Employment of child labour is strictly prohibited under the law. Therefore, the Contractor will not employ any child. 5. The workers employed by the Contractor shall be directly under the supervision, control and employment of the Contractor and they shall have no connection what-so-ever with DDCA, 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 DDCA for employment or regularization of their services by virtue of being employed by the Contractor, against any temporary or permanent posts. 6. The Contractor shall ensure proper discipline among its workers and further ensure that they do not indulge in any unlawful activity. 7. The Contractor shall be responsible for timely payment of wages to its workers as per Minimum Wages Act of Govt. of NCT of Delhi and fulfill all other statutory obligations, such as, Provident Fund, ESI, Service Tax etc. in force from time to time. 8. The Contractor 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. 9. The restaurant staff shall be issued Identity Cards bearing photographs. The Contractor 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. 10. The Contractor shall be personally responsible for conduct and behavior of his staff and any loss or damage to organization moveable or immoveable property due to the conduct of the Contractor s staff shall be made good by the Contractor. If it is found that the efficiency of any person employed by the Contractor is unsatisfactory, the Contractor shall have to remove the concerned person and engage a new person within 48 hours of intimation by DDCA. The decision of the Principal Employer or his Authorized 27

28 Representative in this regard shall be final and binding on the Contractor. 11. The Contractor shall not appoint any sub-contractor or sublet the contract to carry out his obligations under the contract. 12. The Contractor shall get the prices of all items approved by DDCA and no changes, whatso-ever shall be made without prior written approval of Principal Employer. 13. The Contractor shall keep and maintain the restaurant 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 restaurant including kitchen, floor, reception, furniture, etc. DDCA administration will have 24-hour access to inspect the restaurant premises at any time for ensuring the cleanliness and hygienic conditions of the restaurant including kitchen and store premises. The DDCA 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 Contractor. 14. The Contractor will use only branded raw material for preparation of items. The permissible brands of various items are given in Annexure-V. 15. DDCA will provide to the Contractor space for storing raw material, certain kitchen equipment 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 contractor shall be bare minimum. The DDCA shall also provide furniture and fixtures in the serving area with the same intention. 16. The Contractor shall bring his own tools, cookers, hot boxes, steam boxes, trolleys, equipment, utensils, plates, jugs etc., in sufficient quantity as needed to maintain the catering and restaurant services in addition to what is provided for by DDCA. 17. Storing & supply/sale and consumption of drugs/tobacco is strictly prohibited in the DDCA premises. Any breach of such restrictions by the Contractor will attract deterrent action against the Contractor as per statutory norms. 18. The Contractor shall install his electronic fly kill / insect repellent equipment, emergency lighting / gas and fuel supply at his own cost. 19. No minimum guarantee shall be furnished by DDCA to the Contractor towards consumption of food items. The Contractor is advised to maintain the highest quality at the minimum possible prices so as to attract the maximum number of officials/ visitors to avail catering services. 20. The Contractor shall be in a position to cater to the tastes of multi- cuisine while providing Catering Services. 21. The Contractor shall not use the restaurant premises for any other activity except for the purpose for which it has been provided for. 28

29 22. The Contractor shall take care and ensure that, while carrying out the work, no fittings, fixtures, furnishings, equipment provided by the DDCA are damaged. Any damages done to the same or any other property will have to be repaired / replaced by the Contractor at his cost, failing which the same will be got done by DDCA at the Contractor s risk and cost. In this regard, the decision of the Principal Employer or his authorized representative shall be final and binding on the Contractor. In such case, the recovery on account of risk and cost shall be made from the due payments of Contractor or in case no payment is due then recovery shall be affected from Performance Security. 23. DDCA shall make Quality Audit as per norms of Food Processing Organization in respect of items prepared & served once in a quarter. Any discrepancy observed shall be the basis of imposition of penalty/liquidated damages including other action such as termination of contract. 24. Though a list of permissible brands of consumables have been indicated but it shall be sole responsibility of Contractor the consumables used be branded and should have registration from Food Processing Organization (FPO). 25. The Contractor shall maintain inventory of the items given to him by DDCA. 26. The Contractor shall ensure that separate utensils to be used for the cooking of vegetarian and non-vegetarian food items. 27. The Contractor 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 competitive. 28. The Contractor 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 character 29. The Contractor 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 DDCA. 30. The Contractor 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 restaurant. 29

30 ANNEXURE-I CHECK LIST OF DOCUMENTS TO BE ENCLOSED 1. Demand Draft for Rs. 5,00,000/- (Rupees Five Lacs Only) towards Earnest Money Deposit (EMD) in a separate envelope. 2. Proof of Legal status as defined in Technical Bid. 3. Copy of PAN Card issued by Income Tax Department, Registration Certificate for VAT, Sales Tax, Service Tax, Employees Provident Fund Organization, Employees State Insurance Corporation and License Issued by Municipal Authorities / Delhi Police for Catering Services 4. Assessment Order (Certificate) for the last three years in respect of VAT, Sales Tax, Income Tax, Service Tax, Provident Fund, Employees State Insurance duly certified by Chartered Accountant. 5. Signature of the bidder or his/her authorized signatory on each page of the Expression of Interest Document as acceptance of the terms and conditions contained in the Expression of Interest Document. 6. Documentary evidence in support of the following: (i) (ii) (iii) Number of years of having run restaurants in the offices / organizations / hospitals / places of public utility / institutions / educational institutions along with number of persons availing the services offered by the contractor; List of institutions/organizations (with complete postal addresses) served in the past and list of institutions/organizations where presently providing canteen services. Names, designations and telephone numbers along with address of concerned officers in the respective organizations/institutions may also be indicated; Work Plan indicating the requirement of staff and deployment pattern of staff proposed and other details, if any for smooth, efficient and satisfactory performance of the contract. 30

31 ANNEXURE-II LETTER FOR SUBMISSION OF EXPRESSION OF INTEREST DOCUMENTS From: (Name & Complete Postal Address of the Applicant) To: The Hony. Club Secretary Delhi & District Cricket Association Ferozshah Kotla, New Delhi SUBJECT: SUBMISSION OF EXPRESSION OF INTEREST DOCUMENTS FOR PROVIDING CATERING SERVICES FOR DDCA Sir, Having visited the site and examined the details given in Expression of Interest Notice published in the newspaper for the above cited work, we hereby, submit the Expression of Interest Documents duly filled as well as enclosing therewith, the required Annexure and Schedules. 1. We hereby certify that all the statements made and information supplied in the enclosed forms Page No. to Page No. are true and correct. 2. We have furnished all information and details necessary for award of Contract and have no further pertinent information to supply. 3. We submit the requisite certified Solvency Certificate and authorize the Hony. Club Secretary of DDCA or any other official of DDCA duly authorized by Hony. Club Secretary to approach the Bank issuing the Solvency Certificate for confirmation of the correctness thereof. We also authorize official 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. 4. 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 WORK CERTIFICATE FROM Encl.: Place : Date : Signature of Applicant 31

32 32 Annexure-III DRAFT FOR CONTRACT AGREEMENT TO BE JOINTLY SIGNED BY DDCA AND THE CONTRACTOR FOR PROVIDING CATERING AND RESTAURANT SERVICES FOR DDCA, NEW DELHI (To be signed on a Stamp Paper of Rs. 100/- to be purchased by the contractor) AGREEMENT This Agreement made on this day i.e. between Delhi & District Cricket Association, a company duly incorporated under the Companies Act, 1956, having its registered office at Ferozshah Kotla, New Delhi , India (hereinafter called the DDCA and/or Organisation) of the ONE PART and M/s of the OTHER PART (hereinafter called Caterers ) and whereas the Organization is desirous for engaging a caterer for providing catering and restaurant services as detailed in the Expression of Interest Document for the Personnel and guests of DDCA. Whereas it is decided to grant a Contract (not being a lease) to the Caterer to prepare and serve the items listed in Letter of Award to the personnel and visitors in the restaurant, office complex, matches and in the seminars/conferences on agreed Terms & Conditions as described in Expression of Interest Document, It is hereby confirmed as having been agreed to between the respective parties as under-: 1. That the Caterer has been granted the contract to provide catering and restaurant services in the restaurant of DDCA, Ferozshah Kotla, New Delhi initially for a period of three years w.e.f. on the terms & conditions contained in the Expression of Interest Document, Letter of Award of the Contract and this agreement read together. If during this period, the performance is found satisfactory, the contract may be renewed for further specified period on the existing or mutually agreed to terms & conditions. The contract is also terminable by serving a Notice of period of Three months by either party on other party. 2. That the items served by the Caterer shall be of good quality and hygienic prepared in the clean environment. The Principal Employer 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 DDCA 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 Principal Employer 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 Contractor for the discarded