E-TENDER DOCUMENT through GeM · (3/4/5 star or above hotel can submit the supporting documents of date of commencement of hotel and undertaking from hotel for providing food services

Continental Tender dated 14 September 2018 Page 1 of 18

Government of India Ministry of Commerce and Industry

Department of Industrial Policy and Promotion Controller General of Patents, Designs and Trademarks

Rajiv Gandhi National Institute of Intellectual Property Management

E-TENDER NO: RGNIIPM/PIS/Cont. CATERING/2018/01

E-TENDER DOCUMENT through GeM

FOR

Providing Continental Vegetarian Catering Services to Officers & Trainees during Training/ Refresher/ International Training programs(as and when required basis)

at

Rajiv Gandhi National Institute of Intellectual Property Management/ Patent Information System (RGNIIPM/PIS), Civil Line, Nagpur

SCHEDULE OF TENDER

Publishing Date & Time 14 /09/2018

Document Sale Start Date 14 /09/2018

Seek Clarification Start Date 14/09/2018

Seek Clarification End Date & Time 05/10/2018 upto 1 Pm

Bid Submission Start Date 14 /09/2018

Bid Submission End Date & Time 05/10/2018 upto 6 Pm

Bid Opening Date & Time 08/10/2018 at 11 Am


1. GENERAL Sealed E tenders are invited through GeM by the Controller General of Patents, Designs and Trademarks (hereinafter referred to as CGPDTM) on behalf of the President of India from reputed and experienced agency, caterers, Hotels having work experience of providing food during refresher & International level training programs, under Two Bid System in Gem i.e. Pre-qualification+ Technical Bid and Financial Bid for providing continental Catering services at Rajiv Gandhi National Institute of Intellectual Property Management/Patent Information System located at Plot No.3, Hislop College Road, Opp. Maharashtra State Education Board, Civil Lines, Nagpur -440001 for two years (as and when required basis) from the date of commencement of the contract, unless extended further, by mutual consent of the Competent Authority and the service provider, on the terms and conditions mentioned in the tender document or which can be extended by another one year.

2. PARTICULARS OF THE TENDER

a) NAME AND ADDRESS OF THE AUTHORITY The Controller General of Patents, Designs and Trademarks, Boudhik Sampada Bhawan, S. M. Road, Antop Hill, Mumbai-400037.

b) Location for which the catering services required Rajiv Gandhi National Institute of Intellectual Property Management/Patent Information System located at Plot No.3, Hislop College Road, Opposite Maharashtra State Education Board, Civil Lines, Nagpur -440001

c) ADDRESS FOR THE DISTRIBUTION OF TENDER DOCUMENT The tender document can be purchased from the Account section of the Rajiv Gandhi National Institute of Intellectual Property Management/ Patent Information System (RGNIIPM/PIS), Nagpur situated at the address given in para 2 (e) below or alternatively the same can be downloaded from the following websites: https://eprocure.gov.in/ https://gem.gov.in/ http://www.ipindia.gov.in D) CONTACT PERSONS: For any Clarifications POOJA VISHAL MAULIKAR,EXAMINER OF PATENTS & DESIGNS- Phone No. 0712-2540920 (E)COST OF TENDER: i)TENDER FEES:

The tender document can be purchased from the account section of the Office of Patent Information System/Rajiv Gandhi National Institute of Intellectual Property Management (RGNIIPM), Nagpur, situated at the address given below by paying the tender document fee of Rs 500 /- (RUPEES FIVE HUNDRED ONLY), either through Bhim App or Demand draft or Pay order or cash in favor of “Patent Information System”, payable at Nagpur. The receipt for payment of tender fees shall be attached along with the Pre-qualification Bid. In case the tender document is downloaded from the Gem website, the tender fee shall be submitted along with Pre-qualification Bid in the form of Demand draft or Pay order in favor of “Patent Information System”, payable at Nagpur. The tender document fee is NON-REFUNDABLE. Any tender submitted without the requisite fee will be rejected summarily. Exemption of fee will be provided as per Government rules based on necessary Government document.


ii)EARNEST MONEY DEPOSIT (EMD)

The Earnest Money Deposit (EMD) of 50000/- (Rupees fifty thousand Only), (refundable without interest) shall accompany the Prequalification bid in the form of Demand Draft/Pay Order drawn in favor of “Patent Information System” payable at Nagpur, failing which the tender shall be rejected summarily. Earnest Money Deposit of Rs 50,000 will be returned to the unsuccessful tenderers. Tenders not accompanied by Earnest Money Deposit, shall be summarily rejected. Earnest Money of Successful tenderer will be forfeited if he does not fulfill any of the following conditions:-

Furnishing of performance security deposit of Rs.50,000 /- (Rupees fifty thousand only) by means of a Bank guarantee from Nationalized Bank in favor of "Patent Information System, NAGPUR” and payable at NAGPUR, within 7 days of the receipt of the letter awarding the contract.

Execution of the agreement within 7 days of the receipt of the letter of award of contract.

Commencement of the contract within 7 days of the signing of the agreement or as directed by RGNIIPM.

To comply with all the terms and conditions of the tender document, letter of award of contract and agreement of contract.

Exemptions will be provided as per Government rules based on necessary Government document. iii)PERFORMANCE SECURITY DEPOSIT

The successful bidder will have to deposit a Performance Security Deposit of 50,000/- (Rupees Fifty thousand Only), in the form of Bank Guarantee with The DDO, Patent Information System /Rajiv Gandhi National Institute of Intellectual Property Management, Plot No.3, Hislop College Road, Opposite Maharashtra State Education Board, Civil Lines, Nagpur - 440 001, having validity of two years and additional sixty days. In case the contract is further extended beyond the initial period of two years, the performance security deposit will have to be accordingly renewed by the successful bidder. After submission of the performance security by the successful Bidder, the corresponding EMD shall be released. Exemptions will be provided as per Government rules based on necessary Government document.

F) ADDRESS OF THE OFFICE: Rajiv Gandhi National Institute of Intellectual Property Management /Patent Information System (RGNIIPM/PIS) Plot No.3, Hislop College Road, Opposite Maharashtra State Education Board, Civil Lines, Nagpur - 440 001 Phone : 0712-2540913/2540920/2540969 E-mail : [email protected] G)VALIDITY OF TENDER: Tender should be valid for a period of 90 days from the date of Opening of the Financial bid.

However the office of the CGPDTM/RGNIIPM/PIS reserves the right to cancel, amend or withdraw the tender at any stage, without assigning any whatsoever reasons. H)SCOPE OF WORK: This tender is intended for providing Continental Catering services (as and when required) during the refresher courses or International level training program for the international trainees and officers deputed for training at RGNIIPM, Nagpur during short term public training program i.e. of 1, 2 days, 1 or 2 weeks period as and when required by the RGNIIPM. In addition to that, the services would be required on other occasion(s) or as and when intimated by the O/o. RGNIIPM during visit of Special VIP Guests etc. Number of trainees/officers may vary from 10 to 50 or more. The above work is not continuous work.


I) ELIGIBILITY CRITERIA & MINIMUM DOCUMENTS REQUIRED TO OPEN

FINENCIAL BID (only after qualifying minimum marks required – see next page table)

The minimum qualifying marks in technical evaluation shall be at least 75 (see next page table). Bidders/ Proposals not securing a minimum of 75 marks in technical evaluation shall not be considered for financial bid evaluation hence party are advice to file additional document as per table in next page.

The following requirements should be fulfilled in the Pre-qualification and technical Bid.

EMD (DD/Bankers cheque)

Tender Fees (BHIM App/ DD/cash/ Bankers cheque)

Annexure 1 to 2 Exemptions of fees will be provided as per Government rules based on necessary Government document (i) The following preliminary requirements are:-

(Self-attested copy of all documents shall be provided) a) The organization having valid registered license for providing Catering by food safety

standards (FSSAI) b) Agency should have a yearly turnover (specifically catering) of more than Rs 25

lakh (each year) for any 3 years (during 2014-2015, 2015-16 & 2016-17 & 2017-18) for rendering only Catering services. (Supporting certificate mentioning each year from chartered accountant (CA) shall be submitted as per Annexure 2)

c) Shop establishment registration Certificate of the caterer by Nagpur authority d) GST Registration Certificate /GST Number e) PAN/TAN Number (attached self-attested photocopy) f) Income Tax Return for the any 3 years (during 2014-15, 2015-16, 2016-17,2017-18) g) Valid license from the competent authority for catering services h) 3 /4 / 5 star hotel or Private limited firm or Limited firm (Certificate from competent authority shall be provided)

ii) Minimum Technical Competence Experience required to qualify:-

(Self-attested copy of all documents shall be provided) h)The party should be a reputed caterer having at least 2 years work experience for providing catering contracts only to Govt./ Semi-Govt. /PSUs / Limited Company/ Private Limited Company/ Institutes / University from 2012 onwards (attach certificates, work orders, completion certificates for each year) (3/4/5 star or above hotel can submit the supporting documents of date of commencement of hotel and undertaking from hotel for providing food services for more than 2 years to above organizations from 2012 onwards) (i)at least 2 catering contracts of each worth Rs 2 lakh (during 2015-16, 2016-17,2017-18) where the catering services were provided only to Govt./ Semi-Govt. /PSUs / Limited Company/ Private Limited Company/ Institutes / University, (Supporting Experience certificates/work order/completion certificate /relevant documents with amount shall be enclosed) (3/4/5 star or above hotel can submit the undertaking that they provided at least 2 catering contracts of each worth Rs 2 lakh to various organizations from 2015 onwards)


EVALUATION CRITERIA AND METHODOLOGY: 1. Pre-qualification & technical bid to be submitted online. 2. Firstly, Pre-qualification & technical Bids shall be opened in respect of all the bidders. 3. The evaluation committee shall evaluate the Pre-qualifications &technical Bids and give the marks as per table below. 4. Evaluation of the bidder, as per marks/rating by the RGNIIPM committee, based on the documentary evidences and the

overall reputation of the service provider, fulfilling all the requirements of tender document, shall be accepted 5. Only the successfully qualified bidders in the Pre-qualification & technical stage will reach the Financial Bid evaluation stage. 6. Only the successfully qualified bidders in the Pre-qualification & technical stage will reach the Financial Bid evaluation stage

as per the minimum criteria of evaluation of marks. 7. The Financial Bid of unsuccessful bidders in Pre-qualification & technical stage shall NOT be opened.

The criteria adopted for technical evaluation shall be as follows:

Criteria Evaluation unit Marks Documents to be submitted

Experience The party should be a reputed caterer having at least 2 years work experience for providing catering contracts only to Govt./ Semi-Govt. /PSUs / Limited Company/ Private Limited Company/ Institutes / University from 2012 onwards (attach certificates, work orders, completion certificates for each year) (3/4/5 star or above hotel can submit the supporting documents of date of commencement of hotel and undertaking from hotel for providing food services for more than 2 years to above organizations from 2012 onwards)

Years of experience Maximum 40 Marks

List of work orders / certificates for each year/ credentials/completion certificates from clients from 2012 onwards for each year, (3/4/5 star or above hotel can submit the supporting documents of date of commencement of hotel and undertaking from hotel for providing food services for more than 2 years to above organizations from 2012 onwards)

2. Number of contracts At least than 2 catering contracts of each worth Rs 2 lakh (during 2015-16, 2016-17, 2017-18) where the catering services were provided only to Govt./ Semi-Govt. /PSUs / Limited Company/ Private Limited Company/ Institutes / University, (Supporting Experience certificates/work order/completion certificate /relevant documents with amount shall be enclosed) (3/4/5 star or above hotel can submit the undertaking that they provided at least 2 catering contracts of each worth Rs 2 lakh to various organizations from 2015 onwards)

Number of contracts of value 2 lakhs or more 3 contact = 10 marks) 4 contract = 20 marks 5 contract = 30 marks

Maximum 30 Marks

Details of amount should be mentioned at various sites /various work orders, bills etc (Supporting Experience certificates/work order/completion certificate /relevant documents with amount shall be enclosed)

3. Continental food providing contracts /experience

No of Continental contracts

Maximum 20 Marks

(Supporting Experience certificates/work orders shall be provided)

Methodology, work plan (5 marks) & ISO certification (5 marks)

Bidder’s capability to perform the contract based on bidder’s client experience and competitive advantage over other companies & ISO etc.

Maximum 10 Marks (to be evaluated by a Technical Committee)

The bidder may also cite certifications of quality, experience & ISO certificate.

TOTAL 100 Marks

Note: 1) The minimum qualifying marks in technical evaluation shall be at least 75. Bidders/ Proposals not securing a minimum of 75 marks in technical evaluation shall not be considered for financial bid evaluation. If, at least three bidders are not shortlisted for financial evaluation, the minimum qualifying marks in technical evaluation may be reduced by the RGNIIPM committee at their discretion. Note:-2)The marks obtained in the technical evaluation will only serve for screening the agencies for financial evaluation and will not form a criteria in the final evaluation for selection of the agency


4. INSTRUCTIONS FOR SUBMISSION OF BID : All the Tenders shall be prepared and submitted in accordance with the instructions as follows. Any proposal which is not submitted in accordance with these instructions & terms will be summarily rejected without any communication in this regard.

(i) The parties whose contract was terminated for non-satisfactory services by RGNIIPM shall not be considered upto 2019 & their bids shall be disqualified.

(ii) The bidder should be based at Nagpur. (iii) The bid shall be online submitted as mentioned guidelines of GeM. Website (iv) Pre-qualification & technical bid shall be submitted in single combined form. (v) Financial bid shall be submitted in separate online in GeM website (vi) The rates quoted in tender should be inclusive of cost of materials and ingredients for Tea, Coffee, Biscuits,

Lunch, glasses during tea, lunch and the service charges, any other charges/taxes etc. (vii) The bidders should ensure that each page of the tender is signed by the person authorized to sign the tender

document, affixing the seal of the Bidder. (viii) Every tender should be accompanied by a Demand Draft for Rs. 50,000/- as earnest money drawn

in favor of Patent Information System, Nagpur. This amount will be refunded to all unsuccessful bidders after the contract is awarded to the successful bidder. No interest will be payable on this amount. The unsuccessful bidders need to take back their earnest money deposit, within not more than three weeks from the date of opening of tender. The amount of EMD shall be returned to successful bidder on submission of performance/bank guarantee in the name of security deposit.

(ix) A bid submitted without the cost (tender fees and EMD) and the incomplete or conditional bids shall not be considered and the same will be rejected.

(x) The bidders are required to enclose Annexures. The bidders are required to enclose photocopies of the supporting documents, self-certified by the authorized representative of the bidder. If the supporting documents are not enclosed, the tender shall be rejected and bidder shall be disqualified.

(xi) Selected bidders should be present with all original documents for verification after financial bid is opened (i) All entries in the tender forms should be legible and filled clearly. If the space for furnishing

information is insufficient, a separate sheet duly signed by the authorized signatory may be attached. No corrections including overwriting or striking out will be permitted in the Financial Bid. In such cases, the tender shall be summarily rejected.

(ii) If any bidder is found to have business or family relationship with any employee of RGNIIPM /PIS, the bidder should give declaration of the same from time to time.

(iii) No modification or substitution of the submitted bids shall be allowed. (iv) The Bids shall be opened on the scheduled date and time at Rajiv Gandhi National Institute of Intellectual

Property Management/Patent Information System, Plot No. 3, Hislop College Road, Opposite Maharashtra State Education Board, Civil Lines, Nagpur - 440 001 in the presence of the representatives of the bidders, if any, who are present on the spot at that time. No separate intimation shall be sent to bidders for the same.

(v) Tenders will not be accepted after the prescribed time and date as set out in the Tender Notice or subsequent extensions, if any, notified by the office. RGNIIPM/PIS take no responsibility for delay, loss or non-receipt of the bid sent. Bid sent through Fax or Email shall not be accepted.

(vi) Interested parties may submit their tender after inspection of the Rajiv Gandhi National Institute of Intellectual Property Management/Patent Information System at the above location. The inspection of the Catering premises can be made between 10.00 A.M. and 5.00 P.M. on all working days (Monday to Friday except Government holidays) from the date of issue of notification till the date of closure of tender.

(vii) There should be no cutting/overwriting in the Submitted Tender. (viii) The RGNIIPM/PIS reserves the right to accept or reject any Tender in full or in part in case of

incomplete bid and also without assigning any reason thereof. In case of any dispute, decision of the RGNIIPM/PIS/CGPDTM will be final and binding. The CGPDTM reserves the right to retain bids once


submitted. (ix) The contractor, whom all the terms and conditions mentioned below are acceptable, shall

submit the completed tender forms to this office as mentioned in the tender document at RGNIIPM. (x) Conditional & incomplete tenders, in any sense will not be accepted and will be summarily rejected. Bids

not in compliance with tender conditions or with incomplete information / documents are liable for rejection

(xi) Falsification/suppression of information shall lead to disqualification of the bidder / cancellation of contract even after award of work, during the contract.

(xii)On payment of the security deposit, the contracting firm will be required to enter into an Agreement/Contract on stamp paper in the form to be approved by RGNIIPM, containing inter-alia all the terms and conditions of the contract.

(xiii) The contractor should quote rates on "Per plate, per day" basis in Financial Bid. (xiv) The rates quoted by the Bidder should be inclusive of all taxes, charges, statutory liabilities at the time of

entering the contract. (xv) No multiple bids are allowed by single proprietor or different firms owned or run by single entity. (xvi) Bids containing deviations from bidding document terms and other requirements may be rejected. (xvii) Bid should be kept valid for acceptance for a period of 90 days from the day of opening of the bid. (xviii) PIS/RGNIIPM will not be responsible for Negligence of the bidder in preparing or submitting the

bid. (xix) The bidding document shall be governed and interpreted according to the laws, as specified by the

government rules. (xx) Bid should be responsive to the instructions to bidders and the conditions of contract in the bid

document. (xxi) The office of the CGPDTM / RGNIIPM/PIS reserves the right to cancel the tender at any time.

5. TERMS AND CONDITIONS

1. The rates quoted in tender should be inclusive of cost of materials and ingredients for Tea, coffee Biscuits,

Lunch, best quality crockery, and glasses during tea, lunch and the service charges, any other taxes etc. 2. Payment against Bill shall be made only after satisfactory services to be certified by the office committee.

No interest will be payable on delayed payment for any reasons. No advance payment will be made. The payment will be made by E-payment/bank transfer as per the Government procedure. Applicable taxes will be deducted at source at the time of settlement of bills.

3. The taxes as applicable shall be deducted at prevailing rate from the monthly bills, as amended form time to time, in accordance with the provisions of Income Tax Department, and a certificate to this effect shall be issued by RGNIIPM to the agency.

4. The contractor will have to deposit 50,000/- as performance Security guarantee in the form of D.D./Pay order/Bank Guarantee Drawn in favor of Patent Information System, Nagpur. No interest will be paid on this amount. The same will be refunded when the contract is over and Catering premises are handed over to the Institute and all dues from the contractor have been settled.

5. On payment of the security deposit the successful tenderer will have to make agreement with RGNIIPM broadly covering scope of work, terms and conditions of the services to be provided to the RGNIIPM and containing inter-alia all the terms and conditions of the contract on a judicial stamp paper, the cost of which will be borne by the contracting agency/firm/company (format is attached).

6. Falsification/suppression of information shall lead to disqualification of the bidder / cancellation of contract, even after award of work, during the contract.

7. Number of trainee participants will vary from 10 to 50 and number of trainings also may vary as per RGNIIPM requirements.

8. Rate once quoted will not be increased for the period of contract in any circumstances. 9. The contract may be terminated by CGPDTM/RGNIIPM by giving only one notice in writing for

improvement of services and on failure of the same, the contract can be immediately terminated by giving


final termination letter without specifying any reason(s) therefor. The contractor, if he/she so desires, may seek termination/withdraw of the contract by giving written notice of not less than one month duration during the agreement period, which shall enable RGNIIPM for forfeiture of security deposit. On termination of the contract in above any case, the contractor shall take steps to withdraw the services provided in a smooth and orderly manner, with forfeiture of security deposit/EMD/Bank Guarantee.

10. The rates quoted by the Bidder should be inclusive of all taxes, charges, statutory liabilities at the time of entering the contract.

11. The successful bidder will be intimated by the office whereupon he/she will enter into agreement with the O/o RGNIIPM/PIS and commence the work immediately thereafter not later than 7 days from issuance as per the intimation by office. The contract shall begin from the date of actual commencement of the work at the site. The contract shall continue for two years unless it is curtailed or terminated by the office owing to deficiency of services, sub-standard quality of food, breach of contract, negligence of work, non-compliance of statutory requirements/obligations by the bidder or any such ground as may be deemed fit by the Controller General of Patents, Designs & Trademarks/RGNIIPM. The CGPDTM/RGNIIPM requires that successful bidder under this contract to observe the highest standard of ethics and should not engage in activities that conflict with the interest of the office under this contract.

12. It may be noted that in case the successful tenderer does not accept the offer within 7 days from the date of receipt of offer, the Earnest Money Deposit of the successful tenderer shall be forfeited and the tenderer shall be debarred for future participation in any of the tender invited by the RGNIIPM.

13. The contract will be awarded for two years. It will be started from the date of signing the agreement (as attached) and the agreement may be renewed by the Institute on such terms and conditions as may mutually be agreed upon between the parties.

14. The contract will remain valid for a period of 2 (two) years from the date of awarding of contract. If the bidder/party withdraws during the validity period, his/her Performance Guarantee will be forfeited.

15. It may be noted that the contract awarded be applicable only during training period as and when required and intimated by RGNIIPM. The contract will not be applicable for continuous period of two years.

16. All the above Terms and Conditions will form part and parcel of the Notice Inviting Tender.

17. No separate furniture will be provided for cooking of foods, serving water, preparation of food. Refrigerator will be provided only for storing milk products.

18. Furniture available in canteen premises will be used only by trainee participants 19. All the arrangement of servicing and arrangement of best international quality

Crockery, utensils, plates, glasses, cups to be done by the contractor without any extra cost. The contractor shall arrange for items i.e. Crockery, utensils, commercial Gas Cylinder, ISI marked best quality Cooking Stove etc. and items of similar nature of best quality without any extra cost and maintain the said items in proper and hygienic conditions, for due discharge of obligations in respect of running of Catering.

20. Use of Kerosene oil is prohibited and the heating system/Gas for cooking has to be with best safety a standard which is responsibility of caterer.

21. The catering contractor should have to bring the ready-meals except chapatti/puri/hot drinks and their own Crockeries including best quality glasses, cups, etc. of International standards. It is to be noted that there is no arrangement/provision for preparation of meals in the kitchen Hall of the Institute. So ready/prepared meals have to be supplied by the caterer. For preparation of Tea only they may use office canteen. They are required to serve hot meals to the trainees in decent manner and in time.

22. Only in emergency, the cooking gas is to be used by the Caterer by his own arrangement for preparing hot drinks & for cooking, if any.

23. Continental Vegetarian Menu of the working lunch will be provided to the contractor, as and when needed by the RGNIIPM team.


24. In addition to the standard menu list (enclosed at Annexure), the RGNIIPM may decide rates for number of new items/food dishes/cold drink/snacks etc. to be prepared, served and supplied through caterer, if any such situation arises. In case of requests from the organizers, to meet their special requirement which is not part of main menu list, caterer will ensure such supply at rates duly approved by the RGNIIPM and bill for the said items shall be submitted.

25. The contractor may be asked by the organizers to meet the catering requirement of International guests. Accordingly, the caterer should have expertise in continental Veg. cuisines, vegetarian and also should provide service in quality crockery of International Standard.

26. Arrangements to be made for Tea, coffee with biscuits/cookies on regular basis for about 10 to 50 persons and working Lunch, as per the requirement, during trainings. No. of trainees may vary as per requirement.

27. Working lunch menu may vary as per RGNIIPM requirement. 28. The food should be served hot. All the arrangements for cooking and keeping “ hot food” will be made

by the contractor without any extra cost and labor. 29. All the edible items should be of best quality, prepared in fresh reputed branded refined oil and Oil

should not be reused. The Institute reserves the right to inspect the materials at any time. If it is found that raw material for food of inferior quality is used, the contract would be terminated immediately and the tenderer would be blacklisted. Materials used for cooking purpose Tea, coffee, Spices, Food stuffs, Vegetable, Oil etc. should be of best & reputed branded quality only and any deviation shall lead to termination of contract.

30. The contractor/Agency shall be responsible for their hygiene and safety. Milk and milk products such as curd, yoghurt, cheese etc. shall be of good quality and should be prepared and served fresh. All the items being used shall be stored properly and to be used before the expiry date.

31. Before awarding the contract the Head RGNIIPM, may depute a team to inspect the quality of food, upkeep, cleanliness etc. at one of the place where the caterer is providing the catering facility.

32. The contractor will ensure that no additive/preservative banned by the Govt. will be used in any of the food preparations, if any such act comes to the knowledge of the RGNIIPM, the contract is liable to be cancelled and the security deposit shall be forfeited.

33. The contractor will ensure that all fruits and vegetables and other ingredients are of standard quality. 34. The contractor will have to make arrangement for cleanliness of Catering/serving area and

its surroundings to the satisfaction of the Institute. The contractor shall also be responsible for the safe and hygienic disposal of the Catering waste daily without fail. It is necessary to ensure that the Kitchen and the canteen premises is left neat and clean, immediately after the Tea/working lunch is over. They should bring the necessary crates/cleaning materials with them with workers. Washing of utensils/crockery/vessels will not be permitted in RGNIIPM Kitchen/office premises.

35. Washing of used utensils/plates etc. are strictly prohibited in the office premises of RGNIIPM. 36. The contractor will have to provide employees in proper uniforms, ID card for service in the Catering as

also for the service in rooms. 37. The timings of the Catering will be as prescribed by the Institute from time to time subject to change.

Catering Services will also be provided beyond office hours as and when required. 38. The contractor will be required to provide Catering service in the Catering premises and also in

various rooms of the Institute as and when required. 39. Furniture provided to the contractor will be maintained properly. The contractor will be fully

responsible for the repair/maintenance, cleanliness, breakage and damage done to the building and sanitary, electrical, furniture, cooking gas and any other fittings and fixtures installed in the Kitchen provided to him by the Institute for the purpose of preparing Lunch, Tea. Any loss/damage (including repairs) to the same will have to be borne by the Contractor, at his own cost.


40. The contractor should take the insurance for any damages, any accident etc. during providing catering services. The contractor will take all necessary precautions against fire hazards and comply with rules and regulations as laid down by concerned local authorities and to the satisfaction of the Institute.

41. In the event of any incident of food poisoning due to consumption of food item supplied by the Catering Contractor, the Catering Contractor shall be solely responsible for the same. The CGPDTM/RGNIIPM/PIS, Nagpur shall not pay any claim or charges incurred thereupon. On account of hospitalization of such person (s) who has consumed the food, so offered, the payment of claim or charges incurred on account of hospitalization of such person (s) shall be borne by the Catering Contractor.

42. The contractor will be fully responsible for the repair/ maintenance, cleanliness, breakage and damage done to the building and sanitary, electrical and any other fittings and fixtures installed in the space provided to the contractor.

43. In case of any accident or untoward incident occurs while providing catering services for e.g. Damage/ breakage/casualty to any person, the caterer shall be wholly responsible and all the costs shall be borne by the caterer.

44. The contractor will have to employ the required staff at his own cost and bear all the statutory and other liabilities for running the Catering services. No employees claims/complaint deployed by the contractor will be entertained by CGPDTM/RGNIIPM/PIS.

45. The RGNIIPM/CGPDTM shall not in any manner be treated as the employer of these employees as deployed by Contractor or concerned with the terms of their employment or conditions of their services, since the relationship of employer and employees shall always be considered to be between the contractor and such persons, as will be employed by him. While engaging these employees the contractor will make these conditions clear to them categorically.

46. The contractor shall obtain license under the Contractor Labor (Abolition and Regulation) Act 1970 (hereinafter referred as the contractor labor Act) and all other requisite licenses at his own cost from the Appropriate Authorities and comply with the terms and conditions of the license(s) and all other relevant and necessary provisions of the contractor labor Act and the Rules framed thereunder, all such other provisions of laws in any enactment or otherwise laid down by an authority from time to time, it being clearly understood and agreed upon that the entire responsibility for compliance thereof shall always be of the contractor. The contractor shall be solely & fully responsible for any compensation etc. in case of a injury/casualty or mishap to any employee of the Catering agency during working at RGNIIPM.

47. Under no circumstances any of the contractor's employees will stay in the Institute premises beyond working hours/beyond training time. The agency will ensure that the room provided for keeping their items are properly locked and secured during closed hours of the Institute. The access to the space allotted to the contractor will be as per the conditions and in the mode as prescribed and regulated by the Institute from time to time which will be binding on him and his employees. The Institute reserves the right to inspect the premises allotted to the contractor including the Catering store at any time.

48. The contractor shall not entertain any outside orders or supply eatables from RGNIIPM. 49. The contractor will at all times, ensure discipline, decent and courteous behavior by his employees

while they remain in premises of RGNIIPM. In case any of his employee indulges in any act of indiscipline, misbehavior or slogan shouting or indulges in violent act(s) or abets others in doing so and it is prima facie proved, the contractor shall remove the employee concerned from the premises immediately on receipt of written communication from the RGNIIPM authorities, which will be duly acknowledged by the contractor.

50. Under exceptional circumstances the Institute reserves the right to change any term and condition as and when warranted.

51. In case of any dispute arising out of the interpretation of the terms and conditions of the contract, the decision of the CGPDTM/ Head, RGNIIPM, will be final and binding.


52. The contractor shall not further sub-contract the contract to any other party. In case the contractor is found having sub-contracted this contract, the contract will be terminated without any notice and security deposit shall be forfeited.

53. If in any case, the contract violates the terms & conditions of the contract, the Security Deposit/Performance guarantee will be forfeited.

54. All workers engaged by the Catering contractor at RGNIIPM/PIS, Nagpur must be medically fit and must bear personal hygiene. No such employee will be below 18 years of age. The contractor must ensure that a periodical medical checkups in respect of all his workers engaged in RGNIIPM/PIS, Nagpur are carried out at his own cost and interest. A medical fitness certificate from Govt. Hospital/ Clinic in respect of all his workers engaged at this Institute is required to be produced by the contractor as and when required by this office.

55. Any complaint from the trainees & if the quality of the working lunch is found not up to the standard, the services of the caterer may be terminated after being reviewed by the RGNIIPM committee.

56. PIS/RGNIIPM will not be responsible for any negligence of the bidder. 57. CGPDTM/Head of Office, RGNIIPM, Nagpur reserves the rights to accept or reject the tender(s)

without assigning any reasons what so ever at any time. Details of space provided for the Catering of RGNIIPM Building first Floor

1. Catering Hall - First Floor 2. Kitchen / Pantry, adjacent to Catering Hall – First floor 3. Kitchen Store: space provided to keep store material below working platforms available in Catering hall

and kitchen. 4. Washroom which is available at ground floor (outside) shall be used by catering employees

INDEMNITY

1. The contractor shall also execute an indemnity bond in favor of CGPDTM/RGNIIPM, in the standard format, in this regard.

2. The Contractor shall keep the RGNIIPM/PIS/ CGPDTM and all officials of these offices indemnified from and against all suits, losses, claims, demands, proceedings, and liability of any nature brought or instituted against them by any of contractors’ employees or any other third party in connection with, relating to or arising out of the performance of the services or non-compliance, deficiency, non- implementation of various provisions of statutory requirements.

3. Decision of the Controller General of Patents, Designs and Trademarks regarding performance of contract shall be final and binding on the contractor. However, any dispute arising out of this contract can be referred to an Arbitrator appointed by the CGPDTM.

4. All disputes are subject to jurisdiction of Nagpur Courts. 5. If the contract is awarded, the concerned agency will be required to execute the contract agreement on a

stamp paper of requisite value. 6. Force Majeure

1. Neither party shall be in breach of any obligation under this contract if it is unable to perform that obligation in whole or part by reason of Force Majeure. If either party seeks to rely on this clause, it shall immediately give notice to the other with full particulars of the matter claimed as a Force Majeure event. The parties so affected shall take all reasonable steps to remedy the failure to perform and to keep the other party informed of the steps being taken to mitigate the effects of Force Majeure.

2. In the event of Force Majeure lasting for more than three months, either party may, following consultation with the other, give a notice of termination.


SUBCONTRACTING THE WORK

Subcontracting of work is not allowed. The contractor shall himself be responsible for adherence to all the

conditions of the contract including standards and quality of services. The MPINNGR will deal only with the party (successful bidder) and shall not be responsible for any dispute between the contractor and any other person. Dispute & Differences Any dispute arising out of this contract can be referred to an Arbitrator appointed by the CGPDTM. Termination This contract may be terminated by either party by giving one months’ notice in writing of the intention to terminate without specifying any reason(s) therefor. On termination of the contract, the contractor shall take steps to withdraw the services provided in a smooth and orderly manner. SIGNATURE OF THE TENDERER ____________________________________________ NAME IN BLOCK LETTERS _________________________________________________ FULL ADDRESS WITH TELEPHONE NUMBERS __________________ OFFICIAL STAMP


Annexure-I

PROFORMA FOR PRE-QUALIFICTION & TECHNICAL BID

Sl. No.

Particulars Documents submitted

1 Name of Tendering Company/ Agency / Proprietor / Director/ Full Address of Registered Office at Nagpur Telephone No., E-Mail, Mobile/ Website

Encl No.1

2 Shop establishment registration Certificate of the caterer by Nagpur authority (self-attested copy of certificate shall be attached)

Encl No.2

3 Cash Receipt/DD/BHIM App/ Pay order of Tender Fee Encl No.3

4 Demand Draft/Pay Order of EMD Encl No.4

5 Copy of PAN/TAN (attached self-attested photocopy ) Encl No.5

6 Copy of GST Registration/GST Number (attached self-attested photocopy ) Encl No.6

7 Income Tax Return for the any 3 years (during 2014-15, 2015-16, 2016-17,2017-18) (attached self-attested photocopy )

Encl No.7

8 Valid registered license for providing Catering by food safety standards (FSSAI) (Self-attested copy of relevant documents)

Encl No.8

9 Valid license from the competent authority for catering services Encl No 9

10 ISO & other certification, if any (certificate from authority shall be provided) Encl No 10

11 Agency should have a yearly turnover (specifically catering) of more than Rs 25 lakh (each year) for any 3 years (during 2014-2015, 2015-16 & 2016-17 & 2017-18) for rendering only Catering services. (Supporting certificate mentioning each year from chartered accountant (CA) shall be submitted as per Annexure 2) Certificate from chartered accountant stating following 2014-15 = Turnover of catering Rs 2015-16 = Turnover of catering Rs 2016-17= Turnover of catering is Rs 2017-18= Turnover of catering is Rs

Refer Annexure 2 proforma

12 3/4/5 star hotel or Private limited firm or Limited firm (Certificate from competent authority shall be provided)

13 ISO & other certification (certificate from authority shall be provided) Yes/no

14 All pages of Tender Document is signed by authorized person (upload signed copy document )

Yes/No

15 Whether the agency is been black listed or contract is terminated by RGNIIPM/ Centre /State Government /PSU/ Society/Trust/ Public Ltd. / Private Company

Yes/No

16 Has your firm, its subsidiaries or its parent companies, ever filed for bankruptcy within last 5 years?

Yes/No

17 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your firm or its officers within last 5 years?

Yes/No

18 Has your firm filed any lawsuits or requested arbitration with regard to any contract(s) within the last 5 years? Provide details

Yes/No

19 Has your firm ever failed to complete work awarded to it within last 5 years? Yes/No

A statement to have read, understood and agreed to the terms and condition of this tender together with a copy of this tender documents signed and stamped on each page by the bidder/authorized representative

Yes /No

20 I agree and accept all the terms and conditions of the tender document Yes/No

21 Any additional information (please attached sheet) Encl No.11

23 The party should be a reputed caterer having at least 2 years work experience Encl No.12


for providing catering contracts only to Govt./ Semi-Govt. /PSUs / Limited Company/ Private Limited Company/ Institutes / University from 2012 onwards (attach certificates, work orders, completion certificates for each year) (3/4/5 star or above hotel can submit the supporting documents of date of commencement of hotel and undertaking from hotel for providing food services for more than 2 years to above organizations from 2012 onwards)

24 at least 2 catering contracts of each worth Rs 2 lakh (during 2015-16, 2016-17,2017-18) where the catering services were provided only to Govt./ Semi-Govt. /PSUs / Limited Company/ Private Limited Company/ Institutes / University, (Supporting Experience certificates/work order/completion certificate /relevant documents with amount shall be enclosed) (3/4/5 star or above hotel can submit the undertaking that they provided at least 2 catering contracts of each worth Rs 2 lakh to various organizations from 2015 onwards)

Encl No.13

25 Continental food providing contracts /experience (if any) Encl 14

26 Methodology, work plan Encl 15

27 Declaration by agency for Quality of Materials used by the catering Agency/Contractor I hereby declare that I will provide following best quality items to RGNIIPM catering services for period of 2 years failing which my contract may be terminated after review by RGNIIPM committee

Yes/ No

(i)Rice - Best quality rice Yes/ No

(ii)Dal & PULSES -Tur and dal Variety– Best Branded Quality Yes/ No

(iii)Wheat /Atta - best branded quality Yes/ No

(iv)Oil -Refined filtered branded oil (like Gemeni, Dhara, etc.) Yes/ No

(v)Fresh Vegetables, spices, other preparations Yes/ No

(vi)Fresh sweets, fresh Curd & other items Yes/ No

(vii)Quality Biscuits, cookies (Branded variety of cookies) Yes/ No

(viii)Tea & Coffee (black and milk) Yes/No

Selected bidders should bring all original documents for verification after financial bid It is certified that the information furnished above is true and correct to the best of my knowledge. In case, it is found that the information submitted is wrong or there has been a misrepresentation of facts, I shall have no objection for my proposal to be rejected, or the Contract to be terminated even if the Contract has been signed.

Date Signature of the Bidder/Authorized representative Place With Name & seal


Annexure II

(To be enclosed with Annexure I i.e. Prequalification bid) Certificate from Chartere Accountant (CA) stating following Name of Party Address of Party

Year Purpose Rs

2014-15 Turnover of catering




Signature & Seal of CA


Annexure-III- PROFORMA FOR FINANCIAL BID (To be enclosed in a separate) Details of Vegetarian Continental Food

Sl. No.

Particulars of Vegetarian Menu (to be served fresh with quality as per tender document)

Total Rates inclusive of all charges and taxes per plate,

per day (including tea etc.)(number of plates may

vary from 10 to 50 persons)(Rate will be valid

for 2 years)

1. A) Morning Tea Break around 11.00 AM 1)Tea and Coffee 2) Branded 2 number quality biscuits/cookies B) Tea & Coffee post lunch around 3.30 PM with One snacks (Veg Puff, samosa, cutlet etc.)

Rs.______________ ______________

(in words)

2. Vegetarian Continental Lunch around 1.30 PM from the items as mentioned below i) One Type of Continental Soup ii) Raita /Dahi item (Boondi, pineapple etc) iii) Dal (Daal Makhani, Daal Fry, Mix Daal etc) iv) Veg Sabji-Two Types (one dry veg, and One Paneer veg) v) Rice (Jeera/ Pullav/ Biryani etc) vi) Chapati (Chapati, Paratha etc.) vii) One Desert (Rasgulla, Gulab Jamun, Shrikhand, Rasbheri, Rasmalai, Moong Dal Halwa prepared in original Ghee) viii) One ice cream (dry fruit, Anjeer Badam etc) ix) Two seasonal fruits- (whole banana, apple, orange, chiku etc.) x) Sandwiches (daily different variety) xi) Noodles (daily different variety) xii) Chutney, Pickle, Papad, standard salad, Mouth freshener

Vegetables sabji should be from Vegetable Types –methi malai kaju, Bhindi, Tawa Veg, Mix Veg., Maushroom Pepper Fry, veg Bebycorn, Sukhe Kabuli Chane (pindi chole), Methi Mutter Malai, Kadai Veg, corn variety Types Paneer Veg.- Paneer Butter Masala, Paneer Tikka, Kadhai Paneer, Palak Paneer, Paneer Pakoda, Paneer 65, Paneer Jalfrezi.

Total cost per plate per day with all taxes and charges

Date Name & Signature of Tenderer. Place With Seal, Stamp Note :- a) Bidders should bring all original documents for verification after opening of financial bid for verification. The successful bidder should submit the all the original documents to RGNIIPM for verification, not later than by next working day from opening of financial bids, failing which CGPDTM/RGNIIPM has right to select L2. b) Best quality branded mineral water bottle (during morning tea, lunch, afternoon tea) which will be bill separate as per actuals consumptions. c) The rates quoted for Total cost of serial number 1 to 2 will be compared and L1 will be selected. d) The rates quoted by the Bidder should be inclusive of all taxes, statutory liabilities at the time of entering the contract. e) The above rate will be valid for 2 years. f) Number of plates per day may vary from 10 to 50 or more as per the number of trainees and will be intimated by RGNIIPM in advance. Duration of training also may vary and not continuous contract. It may be noted that the contract awarded be applicable only during training period as and when required and intimated by RGNIIPM. The contract will not be applicable for continuous period of two years. g) If quality of food supplied by L1 is not upto mark, then CGPDTM/RGNIIPM reserves right to cancel the contract immediately and give work order to L2/ L3 etc. as per decision by office of CGPDTM.


Format of Agreement (Annexure 4) (on proper stamp Paper to be done after award of contract)

This Agreement for catering facility to the trainees and Faculties participating in RGNIIPM programmes is hereby entered into at Nagpur on the ______day of ____ .

BETWEEN Rajiv Gandhi National Institute of Intellectual Property Management, Nagpur located at Plot No. 3, Opp. M.S.Education Board Office, Hislop College Road, Civil Lines, Nagpur-440001 (hereinafter referred to as RGNIIPM) which functions under the superintendence and control of Controller General of Patents, Designs and Trade Marks, Mumbai, Ministry of Commerce and Industry, Department of Industrial Policy and Promotion, ON ONE PART,

AND

The Party ______________________, Located at _________________________, (hereinafter referred to as _____________ ) ON THE OTHER PART. WHEREAS, RGNIIPM is a Govt. of India Organization involved in conducting training courses for departmental officials and for the public training on Intellectual Property Rights;; AND WHEREAS the services of catering __________________were accepted through a tendering process for providing lodging and boarding facilities for training of Faculty/ trainees in the year 20____. AND WHEREAS catering agency ____________ has offered to provide catering service as mentioned in tender documents for trainees and faculties and above the terms and conditions as mentioned in tender document, NOW THEREFORE THIS AGREEMENT WITNESSETH AND IT IS HEREBY MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: I/We, hereby agree for providing Continental vegetarian Catering services (as and when required) during the training programme for the trainees and officers deputed for training at RGNIIPM, Nagpur and also during short term training programme i.e. 1, 2 days or 1 or 2 weeks period or more days as required by the office. In addition to that, we shall provide the catering services on other occasion(s) or as and when intimated by the O/o. RGNIIPM for 10-50 or more trainees for period of 2 years as per the terms and conditions of tender document. I / we, hereby agree all the terms and conditions of tender document of PIS/RGNIIPM for providing catering services for period of two years. All the terms and conditions are binding on me/us and failing to which my/our contract will be terminated. IN WITNESS WHEREOF, the Parties hereto have executed these presents in duplicate, the day, month and the year first herein above written. Date Place

Name & Signature of Tenderer. With Seal, Stamp Signature of witness (name and details) 1) 2) Name & signature of RGNIIPM officials Witness


(Annexure 5) Format of PERFORMANCE / SECURITY BANK GUARANTEE BOND In consideration of the Controller General of Patents, Designs & Trademarks (hereinafter called “CGPDTM”) having offered to accept the terms and conditions of the proposed agreement between CGPDTM/RGNIIPM and ________________ (hereinafter called “the said Contractor for catering service”) for the catering Services at RGNIIPM/PIS, Nagpur for the participants and faculty members of RGNIIPM (hereinafter called “the said agreement”) having agreed to production of a irrevocable Bank Guarantee for Rs.__________ (Rupees__________________________________________ only) as a security/guarantee from the contractor(s) for compliance of his obligations in accordance with the terms and conditions in the said agreement.

1. We, _______________________ (hereinafter referred to as “the Bank” hereby undertake to pay to the CGPDTM an amount not exceeding Rs. _____________ (Rupees_____________________________only) on demand by the CGPDTM.

2. We, ________________________ do hereby undertake to pay the amounts due and payable under this guarantee without any demure, merely on a demand from the CGPDTM stating that the amount claimed as required to meet the recoveries due or likely to be due from that the said contractor(s). Any such demand made on the bank shall be conclusive as regards the amount due and payable by the bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. __________________ (Rupees ____________________________ _ only)

3. We, the said bank further undertake to pay the CGPDTM any money so demanded notwithstanding any dispute or disputes raised by the contractor(s) in any suit or proceeding pending before any court or Tribunal relating thereto, our liability under this present being absolute and equivocal in favour of “Patent Information System/RGNIIPM”.

4. We, ______________________ further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the CGPDTM under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till RGNIIPM committee on behalf of the CGPDTM certified that the terms and conditions of the said agreement have been fully and properly carried out by the said Contractor(s) and accordingly discharges this guarantee.

5. We, ________________________ further agree with the CGPDTM/RGNIIPM that the CGPDTM/RGNIIPM shall have the fullest liberty without our consent and without affecting in any manner our obligation hereunder to vary any of the terms and conditions of the said agreement or to extend time of performance by the said Contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the CGPDTM/RGNIIPM against the said contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Contractor(s) or for any forbearance, act of omission on the part of the CGPDTM/RGNIIPM or any indulgence by the CGPDTM/RGNIIPM to the said Contractor(s) or by any such matter of thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

6. This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s). 7. We, _________________ lastly undertake not to revoke this guarantee except with the previous consent of the government in

writing. 8. This guarantee shall be valid upto ______________ unless extended on demand by the RGNIIPM/CGPDTM. Notwithstanding

anything mentioned above, our liability against this guarantee is restricted to Rs. ___________________ (Rupees __________________________ only) and unless a claim in writing is lodged with us within six months of the date of expiry or the extended date of expiry of this guarantee all our liabilities under this guarantee shall stand discharged. Dated the _____ day of _______ Signature of the witness ………………………………… Name of the Witness ……………………………………. Address of the Witness …………………………………. Signature of ………………Authorized Official of the Bank Name of Official …………………….. Designation ………………………….. Stamp/Seal of the Bank ……………...