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OFFICE OF THE CHIEF EXECUTIVE OFFICER SHRI MATA VAISHNO DEVI SHRINE BOARD, Central Office, Jammu Road, Katra (J&K) 182301 E-mail: [email protected], [email protected] Notice Inviting e-Tender e-NIT No.: CO/Cat/355/695 Dated: 05.02.2021 E-Tender on the prescribed format invited on behalf of the Chairman, Shri Mata Vaishno Devi Shrine Board, Katra, J&K, from the eligible Firms / Organizations / Authorized franchisees desirous of participating in the e-Bid for allotment of space indicated at Annexure -I for installation of Kiosks / Stalls alongside the track leading to the Holy Shrine of Shri Mata Vaishno Devi on leave and license basis for a period of two years on payment of license fee, as per the highest bid, “on as is where is basis, which is under the actual ownership and control of Shri Mata Vaishno Devi Shrine Board. Every single location has a reserve price fixed for it. The e-NIT consisting of qualifying information, Eligibility Criteria, Specifications, Set of Terms & Conditions of contract and other details can be seen / downloaded from the Website:- http://jktenders.gov.in & on SMVDSB website www.maavaishnodevi.org as per following: Publishing Date 05/02/2021 11.00 AM Download Start Date 05/02/2021 11.00 AM Bid Submission start Date 05/02/2021 11.00 AM Bid submission End Date (Online) 25/02/2021 03.00 PM Submission of hardcopy end date and time 25/02/2021 03.00 PM Date of Opening of Technical Bid (Online) 26/02/2021 01.00 PM In case of holiday the bids will be opened on the next working day. Further, the technical bid shall be opened to ascertain the eligibility of the competing firms and the resulting position shall be notified accordingly. Thereafter the positive bidder’s technical bids shall be opened. The NIT is also available on SMVDSB website www.maavaishnodevi.org for reference only. The SMVDSB will not be responsible for any delay in online submission of the bid due to any reason (Technical or otherwise). The online technical bids of only those bidders shall be opened who shall submit the hardcopies of uploaded documents, Tender Fee (UTR No.), EMD (original instrument) and other requisite documents mentioned in the e.NIT to this office by 25/02/2021 upto 3:00PM. In the absence of the same, the technical bid shall not be considered and is liable to be rejected Bidders must ensure to upload scanned copies of all necessary documents i.e., PAN, GSTIN, Tender Fee (DD) / UTR No., EMD (CDR/FDR),

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Page 1: OFFICE OF THE CHIEF EXECUTIVE OFFICER SHRI MATA ...eggless bakery and confectionery items’ rate list along with quantity, intended to be sold by the Principal Company / firm or their

OFFICE OF THE CHIEF EXECUTIVE OFFICER SHRI MATA VAISHNO DEVI SHRINE BOARD,

Central Office, Jammu Road, Katra (J&K) – 182301 E-mail: [email protected], [email protected]

Notice Inviting e-Tender

e-NIT No.: CO/Cat/355/695 Dated: 05.02.2021

E-Tender on the prescribed format invited on behalf of the Chairman, Shri Mata Vaishno Devi Shrine Board, Katra, J&K, from the eligible Firms / Organizations / Authorized franchisees desirous of participating in the e-Bid for allotment of space indicated at Annexure -I for installation of Kiosks / Stalls alongside the track leading to the Holy Shrine of Shri Mata Vaishno Devi on leave and license basis for a period of two years on payment of license fee, as per the highest bid, “on as is where is basis”, which is under the actual ownership and control of Shri Mata Vaishno Devi Shrine Board. Every single location has a reserve price fixed for it.

The e-NIT consisting of qualifying information, Eligibility Criteria, Specifications, Set of Terms & Conditions of contract and other details can be seen / downloaded from the Website:- http://jktenders.gov.in & on SMVDSB website www.maavaishnodevi.org as per following:

Publishing Date 05/02/2021 11.00 AM

Download Start Date 05/02/2021 11.00 AM

Bid Submission start Date 05/02/2021 11.00 AM

Bid submission End Date (Online) 25/02/2021 03.00 PM

Submission of hardcopy end date and time 25/02/2021 03.00 PM

Date of Opening of Technical Bid (Online) 26/02/2021 01.00 PM

In case of holiday the bids will be opened on the next working day. Further, the technical bid shall be opened to ascertain the eligibility of the competing firms and the resulting position shall be notified accordingly. Thereafter the positive bidder’s technical bids shall be opened.

The NIT is also available on SMVDSB website www.maavaishnodevi.org for

reference only.

The SMVDSB will not be responsible for any delay in online submission of the bid due to any reason (Technical or otherwise).

The online technical bids of only those bidders shall be opened who shall submit the hardcopies of uploaded documents, Tender Fee (UTR No.), EMD (original instrument) and other requisite documents mentioned in the e.NIT to this office by 25/02/2021 upto 3:00PM. In the absence of the same, the technical bid shall not be considered and is liable to be rejected

Bidders must ensure to upload scanned copies of all necessary documents i.e., PAN, GSTIN, Tender Fee (DD) / UTR No., EMD (CDR/FDR),

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Registration, Income Tax Returns and other relevant document mentioned in the e.NIT.

The sealed envelope should be dropped in the tender box placed in the Office of the Chief Executive Officer, Shri Mata Vaishno Devi Shrine Board, Katra within the due date & time i.e. on 25/02/2021 upto 03:00 PM before the opening of the e.bid without which the technical bid shall not be considered and is liable to be rejected.

Conditional, illegible, ambiguous tender(s) are liable to be rejected. Bids sent by Fax or e-mail or any other mode will not be considered.

The e-Tender must be uploaded with an Earnest Money (Rs. 2.00 Lakh only) in the form of CDR / FDR as per conditions of NIT, drawn from any Nationalized / scheduled Bank duly pledged to the Chief Accounts Officer, Shri Mata Vaishno Devi Shrine Board, Katra and receipt of Tender Fee of Rs.500/- deposited in the official account of Shri Mata Vaishno Devi Shrine Board Branch J&K Bank Katra, Account No. 0235040500001804, IFSC – JAKA0KATTRA. The bidder shall mention EMD detail and UTR No. in the Pre- Qualification Application Form at Schedule-‘Á’. Complete bidding process will be done online on e-Tender portal www.jktenders.gov.in.

The tenders should be submitted strictly in accordance with the provisions of the detailed e-NIT.

Sd/- (Dr. J. C. Mehra), KAS

Dy. Chief Executive Officer, SMVDSB, Katra

No: CO/Cat/355/695 Dated: 05.02.2021

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Instruction to Bidders regarding e-Tendering process:

1. The interested bidder can download the e-NIT / bidding document from the website www.jktenders.gov.in & www.maavaishnodevi.org .

2. To participate in bidding process, bidders have to get (DSC) “Digital Signature Certificate” as per information Technology Act-2000, to participate in online bidding. This certificate will be required for digitally signing the bid. Bidders can get above mentioned digital certificate from any approved vendors.

3. The Bidders, who already possess valid (DSC) Digital Signature Certificates, need not to procure new Digital Signature Certificate.

4. The bidders have to submit their bids online in electronic format with Digital Signature. The bids cannot be uploaded without Digital Signature. No Proposal will be accepted in physical form.

5. Bids will be opened online as per time schedule mentioned in the e-NIT. 6. Before submission of online bids, bidders must ensure that scanned copies of all the

necessary documents have been attached with bid. 7. The Shrine Board will not be responsible for delay in online submission of bids

whatsoever reasons may be. 8. All the required information for bid must be filled and submitted online. 9. Bidders should submit the scanned copies of cost of documents & EMD as specified

in the tender documents. 10. The details of cost of documents, EMD specified in the tender documents should be

the same, as submitted online (scanned copies) otherwise bid will not be accepted. 11. Bidders are advised to use “My Documents” area in their user on

http://jktenders.gov.in , e-tendering portal to store important documents like Balance sheet, GST Registration Certificate, Tax Clearance Certificate, IT certificate, Manufactures authorization and other related documents etc., and attach these certificates as Non-Statutory documents while submitting their bids.

12. Bidders are advised to scan their documents at 100 DPI (Dots per Inch) resolutions with Black and White, PDF \ Scan properly.

13. The guidelines for submission of bid online can be downloaded from the website http://www.jktenders.gov.in. & www.maavaishnodevi.org .

14. The Tenderer(s) should carefully study the document and prepare his tender with consideration of all provisions of the document. He should fully acquaint himself with site conditions and all other factors which may influence preparation of his tender.

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OFFICE OF THE CHIEF EXECUTIVE OFFICER SHRI MATA VAISHNO DEVI SHRINE BOARD,

Central Office, Jammu Road, Katra, (J&K) – 182301 E-mail: [email protected] , [email protected]

e-NIT No. CO/Cat/355/695 Dated: 05.02.2021

SUBJECT: E-Tender on the prescribed format invited on behalf of the

Chairman, Shri Mata Vaishno Devi Shrine Board, Katra, J&K, from the eligible Firms / Organizations / Authorized franchisees desirous of participating in the e-Bid for allotment of space indicated at Annexure-I for installation of Kiosks / Stalls alongside the track leading to the Holy Shrine of Shri Mata Vaishno Devi on leave and license basis on payment of license fee, as per the highest bid, “on as is where is basis”. Every single location has a reserve price fixed for it.

1. INTRODUCTION

Shri Mata Vaishno Devi, Shrine Board is an autonomous body created by an enactment of the Legislature. The Board is engaged in managing the pilgrimage to the Holy Shrine of Shri Mata Vaishno Devi Ji. For the benefit of the pilgrims, Shrine Board is inviting reputed Principal Company / firm or their authorized distributor / franchisee in providing quality catering services in location indicated at Annexure -I on the track. Interested Principal Company / firm or their authorized distributor / franchisee shall be permitted to use the space for selling Non alcoholic and non aerated hot and cold beverages with eggless bakery and confectionery items of reputed brands only as per Annexure-II, at approved rates to the pilgrims visiting the Holy Shrine. The non alcoholic and non aerated hot and cold beverages with eggless bakery and confectionery items’ rate list along with quantity, intended to be sold by the Principal Company / firm or their authorized distributor / franchisee should be attached/uploaded with the Technical Bid. The Company / firm / authorized distributor / franchisee should ensure that the rates of the items projected to be sold should be reasonably priced in consonance with the portion size and market price. 2. DEFINITIONS

Unless repugnant to the subject or context of usage, the following expressions used shall carry the meaning hereunder respectively assigned to then, namely:

The expression “Owner” occurring in the TENDER document shall mean, Shri Mata Vaishno Devi Shrine Board, Katra.

The expression “Bidder” shall mean the Tenderer who submits the tender for the work.

The expression “Licensee” shall mean the Tenderer who submits the tender for the work and selected by the Shri Mata Vaishno Devi Shrine Board for the performance of the subject work.

“Work” and “Scope of work” shall mean the totality of work / services and supplies cleaning agents and other materials by expression or implication envisaged in the contract and shall include all materials, equipments, and

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labour required for commencement, performance, provision, or completion thereof.

“SMVDSB” shall mean Shri Mata Vaishno Devi Shrine Board, Katra.

“Contract” shall mean the contract for the work and shall include the tender document, the specifications, general or special conditions of contract of SMVDSB, the letter of acceptance and the acceptable rates / bill of quantities in price bids etc.

Services provider / licensee shall mean Licensee / firm to whom the work of catering services has been awarded by SMVDSB.

Licensor shall mean Shri Mata Vaishno Devi Shrine Board.

3. Reputed Food & Beverages Companies / franchisees / distributor are invited to participate in the two bid tender process (technical and commercial) for allotment of identified locations on the track leading to the Holy Shrine of Shri Mata Vaishno Devi on “leave and license” basis, for a period of two years, to operate through their own constructed Kiosks / Stalls.

4. Every single location has a reserve price fixed for it. The details of available space in each sector on the track, size of the earmarked space, expected date of allotment and the reserve price of each location are indicated at Annexure- I.

5. The Principal Companies/ reputed Firms or their distributor / franchisee shall build a prefabricated structure made of 304 Grade SS sheet at their own expense as per the design approved by the Shrine Board. The construction of the prefabricated structure made of 304 Grade SS sheet shall be done under the active supervision of the civil wing of the Shrine Board. The design of the structure (kiosk) shall be approved by the Shrine Board.

6. After the expiry of the term of allotment / agreement tenure, the Principal Company/ reputed Firms or their distributor / franchisee shall handover the built structure to the Shrine Board and the Principal Company/ reputed Firms or their distributor / franchisee shall have no ownership rights over the constructed structure /premises / space thereafter.

7. The Principal Companies/ reputed Firms or their distributor / franchisee shall be given maximum 20 days time period for completion of prefabricated structure made of 304 Grade SS sheet and to start their business activity. In case, the construction work/ business activity is not started by the company/ firms or their distributor / franchisee within the stipulated time frame the allotment shall be deemed to have been cancelled and no claim of what- so- ever shall be entertained by the Shrine Board. In such a case, the Shrine Board shall have the right to allot the space to the Principal Companies/ reputed Firms or their distributor / franchisee from the waiting list even if the construction work have started or is in progress by the firm whose allotment have been cancelled.

8. Non alcoholic and non aerated hot and cold beverages with eggless bakery and confectionery items mentioned in Annexure-II of the reputed brand having Pan India presence, FSSAI Certified and products confirming to

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Legal Metrology Rules, 2011, as amended from time to time shall allowed for sale from kiosk (s).

9. Processing of Tender Applications.

i) The e-tender should be superscribed with e-tender’s ID, title and reference. ii) The tenderer should clearly specify in figures and words the amount of bid,

which the tenderer is prepared to pay. Offer below the reserved bid prescribed for premises will not be considered. The tenderer shall put his / her signature and specify in the capital letters name alongwith parentage with his / her complete postal address on the tender form and the terms and conditions attached thereto.

iii) The tenderer shall submit his/her offer in two parts i.e. Part -1 containing Pre- qualification Bid in Schedule–A (Online only) & Part- 2 containing Financial Bid (Online only) in Schedule-B separately in English. Part -1 shall contain the technical bid indicating all relevant details, with supporting documents, Earnest Money Deposit scanned copy for the prescribed amount, the back ground of the firm / organization / authorised franchisee/ distributor .

iv) The earnest money in the shape of CDR/ TDR of the successful bidder shall be refunded on the receipt of security deposit.

v) Tenderer or his authorized representative (with proper authorization letter) may choose to be present at the time of opening of Technical Bid and Price Bid. The person / representative signing the tender / bid document on behalf of the bidder must be authorized by a registered Power of Authority.

vi) No Tenderer will be allowed to withdraw offer after submission of the tender, if any body does so, the EMD submitted by the tendering Company will be forfeited.

vii) The Financial Bids of the eligible tenderers only shall be opened upon qualifying of Technical Bids.

viii)The Shrine Board reserves its absolute right to reject any tender / offer at any stage before execution of License Deed without assigning any reason.

ix) All defaulters of Shrine Board in any capacity are debarred from in participating in bid unless he/she clears the liabilities as determined by Shrine Board.

10. Financial Bid: (i) Price bid shall contain price quoted for the locations as per BOQ & has

to be submitted online. (ii) It shall be opened for only those Tenderers who qualify the technical bid. (iii) The quoted price bid should be absolute and unconditional. (iv) Conditional bids shall be rejected. (v) The price bid shall be opened in respect of bidders who qualify in the

technical bid. Rates are required to be quoted strictly as per prescribed BOQ/item of works.

(vi) Price bids not conforming to above standards or suffering from any infirmities shall be rejected.

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(vii) The tenderer has to bid for all the 07 Spaces / locations (Annexure-I) separately as per the BOQ at Schedule-B. However, each space shall be allotted to the highest bidder (s) for each space/ location.

11. On the basis of bidders fulfilling the eligibility criteria enlisted in e-tender,

tenders shall be evaluated in 02 stages i.e. Technical bid and Financial bid.

12. Hard copies of e-tender documents should be dropped in the tender box placed in the Office of the Chief Executive Officer, Shri Mata Vaishno Devi Shrine Board, Katra within the due date & time i.e. on 25/02/2021 upto 03:00 PM.

13. After the process of allotment is approved by the competent authority of the Shrine Board, the successful Company / firm / authorized distributor / franchisee shall be issued a Letter of Acceptance (LOA). The successful firm shall have to execute a formal agreement deed with the Shrine Board, within a week of paying advance license fee, in which all the terms and conditions of the NIT or any other modification(s) as arrived during process shall be incorporated, and the Company / firm / authorized distributor / franchisee shall be bound by all such terms and conditions. A rent free period of 20 days maximum shall be given to the successful tenderer for construction of kiosk, from the day of signing the agreement deed.

14. The Shrine Board reserves the right to negotiate the items and the rates intended to be sold by the Principal Company / firm / or their authorized distributor / franchisee before issuing Letter of Acceptance. The Principal Company / Authorized franchisee/ distributor participating in the bidding process should invariably attach list of food & beverage items with portion size intended to be sold from the premises.

15. MINIMUM QUALIFICATION REQUIRED FOR BIDDING i) The Annual sales turnover of the Principal Company must be more than

Rs. 20 Crore (cumulative) during last three financial years (2017-18, 2018-19 & 2019-20) and should have their presence in at least 04 states/UT of India.

ii) In case of distributor / franchisee the Annual sales turnover must not be

less than Rs. 02 Crore in 12 months (FY 2019-20) and should have an experience of successfully running any franchised outlet of a reputed Company. The sales turnover mentioned in the bidding refer only the authorized franchisees’ sales turnover, not the composite sales turnover of its subsidiaries / sister concerns etc.

iii) Copy of an agreement deed is required to be submitted indicating that the firm has been appointed as franchisee/ distributor for atleast a period of next 03 years by the Principal Company by the participating franchisee.

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iv) Net worth of the Company / franchisee as per latest 03 years audited annual financial results should be positive. Copies of annual account of last two year should also be enclosed.

v) Interested Principal Company or their authorized franchisee must possess valid PAN number and must have filled last 03 years Income Tax Return (copies to be enclosed). Summary statement of annual turnover and net worth duly attested by Chartered accountant along with Copies of audited statement of accounts / balance sheet for 3 financial years i.e. 2017-18 onwards).

vi) In support of meeting the eligibility criteria as mentioned above, the bidder must submit the following documents in an un-priced technical bid.

a. PAN number.

b. GST / SGST number.

c. Work Experience.

d. Statutory compliances like EPF / CPF registration number.

e. FSSAI certificate.

16. Earnest Money Deposit:

(i) The proposal complete in all respects shall be submitted along with an Earnest Money Deposit (EMD) amounting to Rs. 2,00,000/- to be paid in the form of FDR/CDR of any nationalised bank drawn in favour of Chief Accounts Officer, SMVDSB, payable at Jammu / Katra. The EMD shall remain valid for at least 90 days from the last date of submission of tender.

(ii) The EMD shall be refunded to the unsuccessful bidders soon after the

finalisation of the tender. (iii) EMD to the successful tenderer shall be refunded on receipt of security

deposit.

17. The successful bidder / licensee shall be permitted to use the licensed space (s) given on leave and license basis on as is where is basis for a period of Two Years for selling quality and hygienic Non alcoholic / Non aerated hot and cold beverages and with eggless bakery and confectionery items at reasonable rates approved by the Shrine Board, to the pilgrims visiting the Holy Shrine.

18. Every bidding company is advised to visit the Track in advance. This is with a view to ensuring that the company is well versed with the economic potential of every location before submitting Commercial bid.

19. Each page of the e-tender document should be signed and stamped by the tenderer in acceptance of the terms and conditions, laid down by the Shrine Board.

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20. After the tender process is approved, the successful bidder shall be issued a Letter of Acceptance (LOA) and have to execute a formal agreement deed with the Shrine Board in which all the terms and conditions of the tender or any other modification(s) as arrived during tender process shall be incorporated, and the licensee shall be bound by all such terms and conditions. The conditions in this tender notice are subject to variations and modifications, which shall also be incorporated in the aforesaid agreement deed and only after signing of the said agreement the licensee shall be allowed to start his / her business in the space in question.

21. The Shrine Board reserves the right to negotiate with any company for allotment of space for Kiosks in case no bidding company applies for a particular space for kiosk or bids lower than the reserve bid resulting into no company bidding above the reserve bid price.

Terms of Payment 22. The bidder in lieu of being permitted to use the space of the Shrine Board

shall pay offered license fee to SMVDSB plus GST as applicable, in advance in equal instalments on half yearly (six months) basis. The payment offered / negotiated license fee for the first half year shall be made in advance by the successful bidder within a period of 15 days from the date of issuance of Letter of Award (LoA).However, an extension upto a maximum 10 days may be granted to HB-1, over & above 15 days for depositing the same with a penal interest @ 24% per annum. The time window for payment shall not exceed 25 days from the date of issuance of LOA in any case failing which; (i) The allotment shall stand cancelled; (ii) Security Deposit shall be forfeited and; (iii) HB-1 shall be debarred for participating in the tendering process of

SMVDSB for 3 years. 23. The bi-annual advance license fee in one single instalment shall be paid by

the licensee by or before 5th day of succeeding month and if the payment is delayed by one week an interest @ 24% shall be levied upon the licensee. The delay in making payment beyond 25 days shall attract penal action as stated in clause 22 supra.

24. The advance instalments of license fee shall be paid to the Shrine Board through its Chief Accounts Officer. However in order to guarantee the payment of license fee plus GST as applicable, the licensee shall furnish an unconditional and unequivocal Bank Guarantee/CDR/TDR pledged in favour of the Chief Accounts Officer, Shri Mata Vaishno Devi Shrine Board, valid for a period of 30 months as security deposit from the date of signing an agreement deed, for an amount equivalent to half yearly licensee fee plus GST.

25. In the event of non-payment of license fee within stipulated time or between

the grace period i.e. one week, it shall be lawful for the licensor (Shri Mata Vaishno Devi Shrine Board) to encash the Bank Guarantee/TDR/CDR so furnished without any notice to the licensee. Further, such an eventuality shall

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be treated as violation of the agreement deed resulting in revocation of the agreement deed and vacation of the licensed premises. Further, the violator shall stand debarred from participation in any participation in future NIT’s to be floated by this SMVDSB over the next three years.

26. The Bank Guarantee shall be released at the end of expiry of the agreement period and on receipt of satisfactory performance report from concerned Area Head and after obtaining NOC from the PDD by the licensee.

27. All the payments are to be made by the licensee to the licensor through NEFT

or RTGS in Shrine Board A/C No. 026601000001 of (ICICI Bank, Katra), IFSC- ICIC0001408 with due intimation of UTN to the licensor for record and reference.

STATUTORY TAXATION LIABILITIES 28. Notwithstanding the terms and conditions of the license deed governing the

parties the statutory liabilities to meet and pay all taxes, charges, duties and levis including CGST / SGST shall be borne by the party of the second part in accordance with the law as the license fees is exclusive of aforesaid charges especially CGST / SGST. The tax liability as against the aforementioned license fee shall be payable by the second party in accordance with the law in vogue.

29. During the period of the license, the licensee shall be liable to pay directly to the concerned authorities the electric charges, water charges all such taxes, levies and cesses as may be payable / imposed by the Govt. or any local authority for carrying out the business. The Licensee shall be personally liable to pay all such tariffs, as are imposed for such services by the respective agencies.

OTHER TERMS AND CONDITIONS 30. The successful bidder / licensee shall set up their own temporary structure in

the shape of a prefabricated Kiosks/ Stalls at their own expense on the space allotted. The structural design of kiosk / stall shall be provided to the licensee and the licensee shall ensure installation of their kiosk as per the design. The advertisement of the Company on the kiosks should not cover more than 33% of the total surface area of front and side two panels of the kiosk. The items served from the kiosk should have actual pictorial depiction and menu along with prices to be clear and legible and displayed prominently at all times of operations. The Licensee shall have no right to make any permanent structure on the allotted space. The Licensee will solely be responsible for maintenance and cleanliness of the Kiosks and disposal of used cups/bottles/cans, and so forth in an environmental friendly manner at garbage disposal location approved by Municipal Committee, Katra.

31. It may be clearly understood by the parties that license so granted is not open to any other interpretation so as to create any right or interest qua the space / premises. The present arrangement is only a temporary permission to use the

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allotted space, by the licensee for the period mentioned herein above and is subject to the performance / observance of the terms, conditions and covenants mentioned therein. The legal possession of the licensed premises shall always continue to be with the Shrine Board.

32. The licensee shall not sublet, under-let or enter into any kind of partnership with possession of the licensed premises in any manner. If it is found at any stage that the averments are infringed or violated, the Shrine Board (licensor) shall have the right to cancel the agreement deed forthwith and in such eventuality the licensee shall remove the detachable / moveable material on the licensed premises forthwith without any demur and surrender the use and enjoyment of the licensed premises forthwith to the Shrine Board (licenser).

33. The SOP as prescribed by the Shrine Board, including the directions, which may be issued in the future, shall be observed by the licensee and all the staff employed by the licensee. The employees deployed on duty by the licensee shall wear proper uniform (as per the weather conditions) and keep personal hygiene at all the times while on duty. The licensee shall provide separate winter and summer uniform to their employees.

34. It shall be the responsibility of the Licensee only to ensure, check, control and maintain the quality of vegetarian food (without onion & garlic) and non alcoholic beverages, comforts and safety of the consumers / persons / pilgrims.

35. The Licensee directly or indirectly, shall not and in no manner, do anything as such that may hurt religious sentiments of the pilgrims. If, at any stage it is found or it transpires that the activities of the licensee are not commensurating with the religious sentiments of the people and pilgrims in particular, the Licensor shall have the right to cancel the license forthwith without any notice.

36. The licensee shall not display and advertise or make publicity in respect of any kind of item other than such material except as permitted by the Licensor in writing.

37. The Licensee shall be solely liable for any costs, charges or expenses arising out of any claims or proceedings and also any award of or compensation or any damages arising in connection or relating to the operations / activities of the part of the Licensee to be carried under the agreement.

38. The Licensee undertakes to indemnify and keep indemnified the Licensor against any indemnification, compensation costs, commissions or expenses arising out of any claims or transactions pertaining to its operations / actions.

39. That the licensee shall assure that its employees/workers/labour, etc. strictly refrain from smoking of cigarettes or use of any tobacco products/alcohol or pan chewing within or close to the locations allotted to them. If any of the employees / workers / labour is seen smoking on track or inside the licensed premises a penalty of Rs.10,000/- shall be imposed immediately.

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40. The licensee and his work force shall not misbehave with any customer, pilgrims or official of the Board and their conduct should be cordial to all.

41. The licensee shall not apply or accommodate any female employee (S) in/around the premises of the Kiosk for any type of service/work connected with sales or normal care. The licensee shall not establish any Guest House on the licensed premises to accommodate guests / yatries.

42. The licensee shall be wholly and solely accountable and responsible for the conduct and performance of manpower engaged by it, and shall also be responsible for any dispute arising out of labour and industrial laws/violations if any or any other law incidental thereto which may arise between the licensee and the manpower engaged by it or labour department. It further binds itself to indemnify the licensor for any loss or violation of law.

43. The licensee shall store and keep its material in hygienic condition and shall be responsible for the general cleanliness in and around the licensed premises.

44. In case, the successful tenderer declines the offer after finalization of contract or refuses to acknowledge or execute the contract / agreement with the Shrine Board within 15 days of award of work, for what-so-ever reasons, his EMD will be forfeited and further penal action shall be initiated against the firm.

45. No child labour should be engaged for running business in the premises. All relevant labour laws must be adhered to during the contract. All persons engaged must undergo a prior character and antecedent check / police verification.

46. That the licensee shall install complaint / suggestion boxes at the licensed

premises.

47. The licensee shall be bound to comply with and meet all the requisite legal and statutory obligation under the Legal Metrology laws applicable and prevalent in the Union Territory of Jammu and Kashmir and in the event of breach or violation thereof it shall hold the licensee responsible thereto.

48. The Licensee shall protect the property of, the Licensor from any consequential damage.

49. That the Licensee shall take appropriate fire safety standards under the directions of qualified fire tenderer and submit six monthly fire safety audit report from concerned authority.

50. The Licensee shall support by all the restrictions imposed and orders published by the Licensor from time to time, including the type of fuel to be used, electric, lighting and general cleanliness and so on.

51. On expiration of the period of the license, i.e. Two Years from the date of signing of license deed/ allotted period, the license given in favour of the

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licensee shall deemed to have been revoked and the licensee shall remove his belongings without any demur and voluntarily surrender the exercise and delectation of the licensed premises forthwith. The licensee shall vacate the licensed premises forthwith and handover the vacant physical possession of the same to the Licensor. In the event of failure of the licensee to vacate the licensed premises, it shall be lawful for the Licensor to enter the property and take over the licensed premises thereof from the Licensee to which the Licensee shall not have any objection. No notice would be required to be given to the Licensee in respect of the revocation of the license due to expire of the period of the license.

52. The licensee shall acknowledge that the Licensor have absolute and unconditional right to enter upon the licensed premises and remove all the belongings of the Licensee without any objection of the Licensee in the event of violation of any terms and conditions of the deed.

53. The employees of the licensed kiosk, who are directly/ indirectly in contact with the eatables, shall get Medical Fitness Certificate from the BMO, Katra.

54. The licensee shall carry-out pest control in the licensed premises on quarterly basis from a qualified professional company.

55. The licensee shall not have any right to make any addition, alteration, improvement, changes or even affect any repair in the licensed premises without express approval of the Shrine Board in writing. Infringement of this provision shall attract termination of the contract.

56. That the Licensee shall not use any product / article, which causes environmental pollution, health hazards.

57. The Licensee shall secure that its actions / operations do not cause any nuisance, pollution of any kind inside or around the licensed premises. The licensee shall solely be responsible for the disposal by scientific methods, of the waste materials emanating and arising out of its activities.

58. That the licensee shall sell Non-alcoholic and non-aerated hot and cold beverages with eggless bakery and confectionery items on the rates approved by the competent authority of the Shrine Board. The licensee shall display the rate list of all the articles being sold in the approved premises. Any deviation there from will result in the revocation of the agreement deed. Moreover, all the billing have to be done through the POS machines and the licensor, its official and representative shall have the right to enter the licensed premise, to check, control and supervise the transactions of sale without the interference of the licensee.

59. The licenser, its functionaries and representatives shall have the right to get into the licensed kiosk at all the times to supervise the property. The licensee shall not prevent the official (s) /employee (s) and representatives of the licenser from maintaining and supervising the premises in any manner. Any interference or obstruction caused by the licensee shall be deemed to be the

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breach of the license rendering the licensee liable for eviction with immediate effect.

60. It shall be obligatory on the part of the Licensee to obtain the food selling license from the competent authority under the Food Safety and Standard Act and / or any other license required for carrying out business in the licensed premises.

61. The licensee shall be responsible for upkeep and repair of food and beverage equipments installed in their respective Kiosks and shall preserve the premises & vending/ fountain machines in order at all the time and at no time kiosks / stalls shall remain shut for more than two hours and shall be kept open 24X7 basis. In case the kiosk / stalls are found to be closed for more than two hours in a day, penalty as envisaged in the agreement deed shall be levied.

62. FAILURE AND TERMINATION

Without prejudice to the right of the Licensor to terminate this agreement deed for violation of the obligations/ conditions of an agreement or the law, the Licensor shall have a right to terminate the agreement / license by giving one month prior notice in writing. In the event of termination / revocation of agreement, deed, the Licensor shall be under no obligation to give any reason for its decision to put to an end this agreement deed. In the event of termination / revocation of agreement, deed, the Licensee agrees that it shall have no claim of any nature / kind against the Licensor.

63. Notwithstanding the period of license stipulated, the Licensee may surrender the licensed premises to the Licensor during the subsistence of license by serving three months’ notice to the Licensor communicating his intention to surrender the premises. The Licensee will, however, be liable to pay license fee for the period of notice even if the Licensee surrenders the premises before the expiry of three months. On receipt of the notice / intimation from the Licensee of his intention to surrender the premises before the expiry of license as stated above, it shall be lawful for the Licensor to re-auction/allot the licensed premises to some other person / persons upon such surrender.

64. If the performance of the Licensee is not satisfactory, the Shrine Board may cancel the awarded contract, at any stage and subsequently arrange another service provider out of H-2 / H-3 firms. Shri Mata Vaishno Devi Shrine Board shall not be responsible for any loss, damages, etc .suffered by the service provider as a result of such termination of contract.

65. PENALTY The licensor will be at liberty to treat the following reasons as violation of agreement deed attracting monetary penalty of Rs. 5000/- (Rupees five thousand only) per violation on the basis of complaint received from the pilgrim (s) and verified to be of genuine nature by its officer to be authorized by the Chief Executive Officer / Addl. Chief Executive Officer for the purpose and its repetition shall invite revocation of license deed. The penalty on

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complaints shall be imposed for maximum of three times, thereafter the agreement deed shall be cancelled and the space may be allotted to some other agency.

a) Non-maintenance of hygiene & cleanliness in and around the allotted space.

b) Complaint about quality and quantity or violation of Legal Metrology Rules, 2011.

c) Complaint about the misbehavior of the employees of the licensee. d) For non-wearing of proper uniform by the employees of the licensee. e) Non-maintenance of personal hygiene by the employees of the licensee. f) Non-availability of displayed items on the Menu / Menu not displayed or

not legible. g) Complaint with regard to overcharging. h) Non issuance of invoice to customer. i) Improper disposal of waste generated from the licensed space. j) Violation of any terms & conditions mentioned in the agreement deed. k) Premises closed for more than two hours.

66. The Shrine Board reserves its absolute right not to accept any offer at any stage before execution of license deed. In case Shrine Board decides not to accept any offer, it shall not be required to assign any reasons thereof to the bidder.

67. Shri Mata Vaishno Devi Shrine Board reserves the right to reject the tender of any Company / franchisee / distributor who may have earlier defaulted in compliance of Terms and Conditions of any existing / previous Agreement(s) executed with Shri Mata Vaishno Devi Shrine Board.

68. Force Majeure

If during the currency of contract, there is any outbreak of war, natural calamity or any other factor which effects the business whether financially or otherwise affects the execution of the contract, the Contractor unless contract is terminated under provision of this clause shall make his / her best efforts to complete the contract. However after outbreak of such war, Shri Mata Vaishno Devi Shrine Board shall be entitled to terminate the contract at any time by giving notice in writing. Force Majure is hereby defined as a clause which is beyond the control of SMVDSB / Tenderer and which consequently affects the performance of the contract.

69. ARBITRATION CLAUSE

Any of the parties may apply to the Chief Executive Officer of Shri Mata Vaishno Devi Shrine Board for the appointment of the Arbitrator in the event of any dispute / difference. On receipt of such request, it shall be lawful for the Chief Executive Officer to appoint an Arbitrator to adjudicate upon the dispute/ differences. The Arbitrator so appointed shall enter upon reference and decide the dispute in accordance with J&K Arbitration Conciliation Act, 1997. Place of arbitration shall be Jammu.

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70. JURISDICTION OF THE COURTS The Courts at Jammu, Reasi / Katra alone shall have the jurisdiction with respect to the subject matters of this e-tender.

Sd/- (Dr. J.C. Mehra), KAS

Dy. Chief Executive Officer

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OFFICE OF THE CHIEF EXECUTIVE OFFICER SHRI MATA VAISHNO DEVI SHRINE BOARD,

Central Office, Jammu Road, Katra (J&K) – 182301 E-mail: [email protected], [email protected]

SCHEDULE- B UN-PRICE BID

To, The Chief Executive Officer, Shri Mata Vaishno Devi Shrine Board, Katra. Subject: E-Tender on the prescribed format invited on behalf of the Chairman, Shri Mata

Vaishno Devi Shrine Board, Katra, J&K, from the eligible Firms / Organizations / Authorized franchisees desirous of participating in the e-Bid of Shrine Board’s mentioned locations for sale of Non-alcoholic and non-aerated hot and cold beverages with eggless bakery and confectionery items to the pilgrims on “Leave and license basis” for a period of two years.

Ref. No: e.NIT No.: CO/Cat/355/695 Dated: 05.02.2021 Dear Sir,

I, _____________________________ representative / proprietor of M/s _____________________________________________________ hereby submit the offer for providing Catering Services for location (s). Detail of Tender Fee: a) UTR/DD No. ___________________ date ____________ Amount _________________ Detail of EMD: a) CDR/FDR/TDR No._______________, Amount:__________ Date: ___________, Bank_____________________, Branch___________________

S. No.

Locations Size Minimum reserved bid per annum

Bid Amount per year

GST @ 18%

Total Amount

Tarakote Marg

1. New Darshani Deodi (0.00) 16’X12’ 5,25,000/- XXXXX XXXXX XXXXX

Banganga to Ardhkuwari Sector

2. 4.475 Banganga to Adhkuwari

5’x5’ 3,75,000/- XXXXX XXXXX XXXXX

Ardhkuwari to Bhawan (old track)

3. 8.1 old track 5’x5’ 3,03,000/- XXXXX XXXXX XXXXX

Ardhkuwari to Bhawan (Alternate Track via Himkoti)

4. 2.1 Himkoti track 5’x 5’ 8,51,000/- XXXXX XXXXX XXXXX

5. 2.825 Himkoti Track 5’x5’ 8,51,000/- XXXXX XXXXX XXXXX

Bhawan to Sanjichhat via Bhairon

6. Near Toilet Block 7 5’x5’ 2,75,000/- XXXXX XXXXX XXXXX

Sanjichhat

7. Sanjichatt Helipad 5’x5’ 3,50,000/- XXXXX XXXXX XXXXX

I further affirm that I have read and fully understood the e-tender notice and agree to abide by

all the terms and conditions laid therein, which are being signed in token of my acceptance. In case, I fail to abide-by the conditions or to carry on the contract to the entire satisfaction of the Shrine Board, I shall be liable to the penalties as laid down in the terms and conditions. I further hereby declare that my firm is not blacklisted.

Yours faithfully,

Seal & Signature of the tenderer _______________________ Name of the representative ___________________________ M/s_______________________Contact No: _____________

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OFFICE OF THE CHIEF EXECUTIVE OFFICER SHRI MATA VAISHNO DEVI SHRINE BOARD,

Central Office, Jammu Road, Katra (J&K) – 182301 E-mail: [email protected], [email protected]

SCHEDULE-A

PRE QUALIFICATION APPLICATION FORMAT

S.No. Particulars /Criterion Attached at Page No.

1 Name of the Firm / Organization/ Authorized Distributor / Franchisees with Address (telephone number/contact Mobile No) along with brief description of background.

:

2 Details of Registration No, if any.

3 Proof of presence of Principle Company in at least 04 states of India including UT.

4 Proof of annual sales turnover of the Principal Company / reputed firm indicating sales more than Rs. 20.00 Crore (cumulative) last 3 financial years 2017-18,2018-19, 2019-20 .

5 In case of distributor / franchisee, proof of annual sales turnover more than Rs. 2.00 Cr in 12 months (FY2019-20).

:

6 Proof regarding agreement deed indicating that the firm has been appointed as distributor / franchisee for at least a period of next 03 years by the Principal Company / firm.

7 Proof regarding net worth of the Company/Firm or their distributor/franchisee as per latest 03 years audited.

:

8 PAN & and copy of latest Income Tax Assessment order (2017-18, 2018-19 & 2019-20)

:

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9 Proof of GST / ESI registrations, if any and the registration numbers thereof. (Copy of latest assessment order to be enclosed)

10 Proof of FSSAI certificate.

11 Detail of EMD

12 Duration of validity of bid

13 List of similar activity undertaken presently being run, with their location, validity of contract etc., if any.

Signature of Tenderer ________________

Address ___________________________

___________________________

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Office of the Chief Executive Officer, Shri Mata Vaishno Devi Shrine Board, Katra

Annexure – I

Non-alcoholic and non-aerated hot and cold beverages with eggless bakery

and confectionery items.

S. No. Locations Size Minimum reserved bid per annum

Expected date of allotment

1. New Darshani Deodi (0.00)

16’X12’ 5,25,000/- March 2021

Banganga to Ardhkuwari Sector

2. 4.475 Banganga to Adhkuwari

5’x5’ 3,75,000/- March 2021

Ardhkuwari to Bhawan (old track)

3. 8.1 old track 5’x5’ 3,03,000/- March 2021

Ardhkuwari to Bhawan (Alternate Track via Himkoti)

4. 2.1 Himkoti track 5’x 5’ 8,51,000/- March 2021

5. 2.825 Himkoti Track 5’x5’ 8,51,000/- March 2021

Bhawan to Sanjichhat via Bhairon

6. Near Toilet Block 7 5’x5’ 2,75,000/- March 2021

Sanjichhat

7. Sanjichatt Helipad 5’x5’ 3,50,000/- March 2021

Note:- Earnest Money Deposit (EMD) amounting to Rs. 2,00,000/- to be paid in the form of FDR/CDR along with technical bid.

Sd/-

(Dr. J.C. Mehra), KAS Dy. Chief Executive Officer

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Office of the Chief Executive Officer, Shri Mata Vaishno Devi Shrine Board, Katra

Annexure- II

List of Item (s) intended to be sold from kiosk earmarked for trade i.e. Non-

alcoholic and non-aerated hot and cold beverages with eggless bakery and

confectionery items.

S. No. Name of the Items

1. Varieties of Tea Hot & Cold

2. Varieties of Coffee Hot & Cold

3. Varieties of Vegetable Soups (without onion and garlic).

4. Varieties of Coffee in tetra pack

5. Hot Chocolate

6. Plain Milk

7. Varieties of Veg. Sandwich

8. Vegetable Veg. Burger

9. Varieties of Veg. Patties

10. Varieties of Veg. Pizza

11. Varieties of Cookies.

12. Varieties of Muffin

13. Varieties of Pastries

14. Varieties of Cakes

15. Varieties of Buns

16. Doughnuts

Sd/- (Dr. J.C. Mehra), KAS

Dy. Chief Executive Officer