The Brihan Mumbai Electric Supply & Transport Undertaking (Of The Municipal Corporation of Brihanmumbai)
The Brihan Mumbai Electric Supply & Transport Undertaking (Of The Municipal Corporation of Brihanmumbai)
The Brihan Mumbai Electric Supply & Transport Undertaking (Of The Municipal Corporation of Brihanmumbai)
ANNEXURE “A”
i) The tender is invited for running the staff canteen/ tea stalls / mobile canteen of
the Undertaking at the place/s mentioned in the Tender advertisement at
reference above.
ii) Any individual of Indian Nationality above 20 years residing in the Mumbai
Region or in the Mumbai Metropolitan Region having concrete proof of
residential status can only apply and participate in the tendering process, subject
to fulfilling the other eligibility and experience criteria.
iii) The intending tenderers are required to visit the said canteen on any working day
between 10.00 am and 4.30 pm to see the canteen facilities and comprehend the
scope/nature of the canteen business before filling and submitting the tender
form.
iv) Only one member of a family is permitted to fill up the tender form in respect of
one particular canteen / tea stall / mobile canteen as the case may be
v) The definition of the term “family” means and shall include the applicant
tenderer, spouse, father, mother, unmarried or dependent sister, son, daughter,
step-son, step-daughter, married / widowed or divorced daughter of the
applicant.
vi) As per the general policy being followed by the Undertaking, only one canteen is
awarded to one canteen contractor. The existing canteen contractors of the
Undertaking, whose contractual periods are still in force and who are presently
running the Undertaking’s canteens, cannot participate in the tendering process.
However, the canteen contractors whose period of canteen contracts with the
Undertaking have expired can participate in the tendering process. --2
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vii) Tenders cannot be submitted in the name of “partnership firms” and it should be
filled in on “individual basis” only.
viii) The canteen contractors who have been “black listed” by the Undertaking cannot
participate in the tendering process.
ix) Before submitting the tender, the details of the documents to be attached should
be verified from the check list given at the end of this tender document.
x) The Tenderer must submit the tender form completely filled in all respects, duly
signed along with self-attested copies of all the documents in a sealed envelope.
The said sealed envelope must be submitted at the drop box specified by the
Undertaking on or before the prescribed scheduled date of submission.
xi) Conditional tender forms will strictly not be accepted. Tender forms or sealed
envelopes in this regard will not be accepted after the closure of the tender box.
xii) The applicant tenderer is required to peruse the general terms and conditions of
the award of canteen contract attached as Annexure “B”.
xiii) In the event of tenders being invited for more than one canteen, then the
intending bidder can submit tender applications for more than one canteen
subject to the limitation of two Depot/Workshop canteen and/or three Bus
station canteens. However, in such a case the intending bidder will have to
deposit the stipulated E.M.D. separately and submit separate tender application
forms for each of the canteens with relevant documents.
2. QUOTATIONS/SECURITY DEPOSIT :
i) The amount of the Security Deposit (S.D) as prescribed and fixed by the
Undertaking for a particular canteen must be mentioned in figures and in words
in the space provided for in the tender form.
ii) In case of deviation or any difference in the amount of S.D quoted in figures and
in words, then the amount of Security Deposit written in words will be taken into
consideration only.
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iii) Any corrections/cancellations made in the tender application form should be duly
signed alongside by the tenderer. No whitener or correcting fluid must be used
on the tender form.
iv) On award of contract to run the canteen, the successful tenderer/bidder will
have to pay “Security Deposit (interest free)” against each of the canteens / tea
stalls /mobile canteen as per the terms and conditions on which the canteen
contract is awarded. The mode of paying the Security Deposit will be through
payment E-Payment or which will be specifically prescribed by the Undertaking.
vi) If the successful tenderer fails to pay the Security Deposit and/or fails to take
over possession of the canteen/ tea stall / mobile canteen within the time
prescribed for the same, the successful tenderer’s offer shall be treated as
cancelled and his EMD shall be forfeited.
vii) If the contractor fails to run the canteen / tea stall / mobile canteen for the
period for which the terms and conditions mentioned herein and in the
agreement are operative i.e. 3 years, then the contractor shall be liable to pay an
amount of Rs.5,000/- in case of tea stall/mobile canteen and Rs.10,000/- in case
of Depot/Workshop canteen as “penalty”, which shall be recovered from the
Security Deposit paid by the contractor.
3. EXPERIENCE :
i) The tenderer should have previous experience of at least three years of operating
an industrial/private canteen services catering to about 500 or more employees/
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customers. In case, the tenderer is employed, he/she should possess experience
in a senior or supervisory position of managing the day to day affairs of running a
canteen or a restaurant service/business.
ii) In case, the Tenderer is having his own business, then documentary evidence of
the business such as Registration Certificate or GST/PAN No. and Income Tax
returns of the business should be enclosed, etc.
iii) In case, the tenderer is employed, he/she should submit experience certificate of
the organization in which he/she is working or worked and the said
organization/institute must be a registered entity with GST No. of its own. (here,
Organization will include hotel/restaurant/catering services/canteens/
partnership hospitality firms etc.)
iv) In case, the selected applicant tenderer is employed or engaged in some other
Organization/s, he/she will have to terminate his/her employment and offer
his/her services full time in running the canteen of the Undertaking. He/She will
be required to submit documentary evidence of his/her having resigned from
his/her existing employment before entering into an agreement to run the
Undertaking’s canteen.
4. FINANCIAL POSITION :
i) The tenderer should have sound financial background. The tenderer should be
in a position to manage the canteen of the Undertaking in absence of any subsidy
for three months.
ii) The Tenderer should have his own PAN Number and Aadhar Card Number.
iii) The Tenderer should submit bank statements of the last two years duly
certified by the Bank Manager.
iv) Tenderer should enclose copies of previous 3 years Form No.16 and/or Income
Tax Returns.
c) The tenderer will have to deposit the EMD in cash or in demand draft
favouring “the BEST Undertaking, Mumbai” at the Cash Department on the
Ground floor, BEST Bhavan, Colaba, Mumbai – 400 001, on or before the date
and time specified in the advertisement.
ii) The tenderer should mention the receipt No. and date of EMD paid in the
coloumn provided for this purpose in the Application form.
iii) The tenderer shall have to submit the tender form/document duly filled in/signed
by him on or before the stipulated date.
The EMD will be refunded after the tendering process has been finalized. It may
be noted that, under normal circumstances, the EMD will be refunded on or
before 9 months period from the date of opening of the tender.
The Earnest Money Deposit will be forfeited by the Undertaking under the
following circumstances:-
a) If the tenderer withdraws his/her tender bid after its closing date or before the
expiry of the last date of the period of validity as mentioned hereunder or before
the tendering process has been finalized;
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b) If it is observed/detected that the tenderer has resorted to unscrupulous/
unethical/unfair methods to gain the contract and his application is rejected on
these grounds; or
6. VALIDITY OF TENDER :
i) The tender will be valid without any changes for a period of nine months from
the date of opening of the tender.
ii) The offer submitted shall remain irrevocable for acceptance for 9 months from
the date of the opening of the tender.
iii) The General Manager of the BEST Undertaking reserves the right to reject any
tender or all the tenders at any time/stage without assigning any reason thereof.
8) AWARD OF CONTRACT :-
i) The award of canteen contract will be subject to physical verification of all the
documents submitted by the successful tenderer. The tenders will be opened on
the specified date and time in the presence of the Officers of the Audit/Accounts,
Personnel & Welfare Department. Physical verification of all the attached
documents, eligibility criteria, financial status of the tenderer, EMD receipt and
residential status of the tenderer will be scrutinized. --7
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ii) The tender applications which meet all the mandatory requirements of the
terms and conditions of the Undertaking will be considered as “eligible
tenderer” and will be taken into lottery process of selection. In case of those
tenders which are incompletely filled or where self attested copies of all the
mandatory documents have not been enclosed or experience details are found to
be inadequate or inappropriate, such tenders will be rejected.
iii) The contract to run the canteen / tea stall /mobile canteen will be awarded on
the basis of “lottery system”. Separate lottery process will be held amongst the
eligible tenderers/bidders for the particular canteen only on the date and time
specified by the Undertaking for each of the canteens.
iv) Three tenders will be drawn from amongst all the eligible tenders in the presence
of Officers of the Audit/Accounts, Personnel and Welfare Department. The
tenderer or their representative can remain present at the time of lottery process
of selection if they so desire. The tender that will be drawn first will be ranked
as first, the next tender drawn will be ranked as second and the subsequent
tender drawn will be ranked third respectively.
v) The contract to run the canteen will be offered to the first lucky tenderer drawn
on the basis of the lottery system. If he fails to accept the offer or pay the Sec.
Deposit within 7 days from the receipt of the allotment letter, his EMD shall be
forfeited and the second lucky tenderer will be offered the contract. If he also
fails to accept the offer or pay the Security Deposit within 7 days from the receipt
of the allotment/offer letter, the contract will be awarded to the third lucky
tenderer and E.M.D. of the second highest tenderer will be forfeited.
vi) In the event of the “lottery system of selection” being conducted simultaneously
for more than one canteen at the same time, in that case :-
1) If the same tenderer is drawn first in the lucky draw for more than one
canteen and is ranked “first” then, the said tenderer will have to choose any
one of the canteens in which he/she has been ranked first. The said tenderer
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will immediately intimate/inform his/her choice in writing to the Undertaking
within the prescribed time limit i.e. preferably within five days from the date
of the lottery. The claim of the said tenderer for the remaining canteens will
become null and void and the E.M.D. deposited for the remaining canteens
will be refunded.
2) Subsequently, the remaining canteens i.e. the canteen not selected by the
first tenderer, will be offered to the tenderers ranked “second”. However, if
the second tenderer has already been offered and/or accepted contract for
any other canteens, he/she will not be considered and it will be offered to the
tenderer ranked “third” and so on.
3) It must be noted that, at all times the prevailing policy of the Undertaking of
awarding only one canteen to one contractor will be strictly adhered to and
the decision of the Management will be final and binding.
9) The General Manager reserves the right to reject any or all offers without
assigning any reasons.
10) The contract to run the canteen/ tea stall / mobile canteens shall be on “monthly
tenancy basis and the terms and conditions shall be operative for a period of
three years. The possession of the canteen / tea stall / mobile canteen premises
will be handed over to the successful tenderer on compliance of all the terms and
conditions of the allotment/appointment letter.
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11) (continued)
-
THE BRIHANMUMBAI ELECTRIC SUPPLY & TRANSPORT UNDERTAKING
(OF THE MUNICIPAL CORPORATION OF BRIHANMUMBAI)
ANNEXURE “B”
GENERAL TERMS AND CONDITIONS OF B.E.S.T. CANTEEN CONTRACT
1. The contracts to run and manage the canteens/tea stall/mobile canteen of the BEST
Undertaking (hereinto after referred as the Undertaking) is awarded on “monthly tenancy
basis” and the canteen contractors will have to pay monthly charges Re.1/- per month.
The canteen contractor will execute an “agreement” incorporating the various terms and
conditions.
2. The contractual period of the canteen contracts i.e. the terms and conditions of tenancy
to run the canteen / tea stall / mobile canteen will be operative for a period of three
years from the date of award of the contracts by the Undertaking.
3. The contract is subject to an extension for a term of six months at the option of the
Undertaking on the same terms and conditions.
5. The canteen contractor will not be permitted to change or transfer the contract in
another name.
6. After the expiry of the contractual period of a canteen contract, it may be considered for
renewal for a further period of 3 years, strictly subject to the performance during the
preceding 3 years and strictly at the discretion of the General Manager.
7. In general, the existing canteen contractors of the Undertaking cannot participate in the
tendering process. However, if the existing canteen contractor successfully bids for
another canteen and is awarded the contract for another canteen, he/she will have to
terminate the previously awarded canteen contract before executing the “agreement” for
the new canteen.
8. The canteen contractor is required to register under the G.S.T. Act and provide their GST
No. and e-mail address to the Undertaking.
9. The canteen contractor will be strictly required to obtain all the “statutory” licenses
required for running the canteen at his/her own expenses viz.:-
i) Health and Trade License from the Brihanmumbai Mahanagarpallika;
ii) FSSAI Food and Drugs License;
iii) License under the Shops & Establishment Act;
iv) NOC from the Fire Department of the Brihanmumbai Mahanagarpallika.
10. The canteen contractor is strictly prohibited from making any additions, alterations or
carry out any structural modifications in the canteen or its adjacent premises.
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11. It will be the sole responsibility of the canteen contractor to obtain and renew the
“statutory” licenses mentioned at Sr. No. “09” above and keep it in force/validated at all
times. The canteen contractor will be liable to bear the expenses towards any
charges/penalties imposed by the Statutory Authorities for non-compliance or lapses in
this respect. The Undertaking will not be held responsible in this regards under any
circumstances.
12. The canteen contractor is required to strictly abide by the statutory rules laid down or any
amendments made in the rules by the Government of Maharashtra or the Brihanmumbai
Mahanagarpallika with regards to running the trade of canteen.
13. The canteen contractor will himself/herself run the canteen and will not sublet the
canteen to any other person for whatsoever reason during the contractual period.
14. The canteen will be opened for catering services during the official working hours where
the canteen is located and on Saturdays and holidays; and beyond official hours if
necessary. The canteen contractor may be required to provide departmental services.
15. It is binding upon the canteen contractor to physically remain present in the canteen on
daily basis and will be required to record his attendance in the “attendance register’
maintained by the Inspecting Authority of the Undertaking.
16. The Undertaking will provide tables, benches, hot plate, water coolers, inventum tank at
Depot/Workshop canteens only. All items of furniture and other equipments shall be
maintained in good condition by the canteen contractor at his own cost. No
furniture/equipments shall be provided in the canteens/tea-stalls located at Bus
Stations/termini.
i) To provide and serve sufficient, wholesome and good quality food items/victuals
to the staff members of the Undertaking, strictly in accordance with the rates,
formulas and portions/quantity of the food items fixed by the Undertaking from
time to time;
ii) To maintain adequate stock of good quality raw materials required for preparation
of the food items/victuals;
iii) To maintain cleanliness and proper hygienic conditions in the entire canteen
premises i.e. the dining hall, kitchen, store-room and the canteen boys rest room by
daily sweeping, mopping and treating with disinfectant;
iv) To provide and make available at his/her own cost sufficient utensils, crockeries
grinding machine, cooking stoves, cooking gas cylinders, etc required for preparing
the food items/victuals as well as plates, cups, saucers, steel glasses for drinking
water, steel jugs, spoons, etc. and replace them as and when required or during
wear and tear. The said items will be kept in proper, good and hygienic condition;
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v) No plastic items shall be used for serving food and drink items in the canteen
premises;
vi) To daily dispose of the canteen garbage in the municipal receptacles in the manner
prescribed by the Municipality;
vii) To regularly clean the water coolers and water tanks provided for use in the
canteen.
viii) To procure electronic weighing machine at his/her own cost and keep the same on
the sales counter. The canteen contractor may procure and install medium or small
sized tea-vending machines near the service counter at his/her own cost.
18. The canteen contractor is required to employ sufficient number of persons, hereinafter
referred to as canteen employees, to work in the canteen at his own cost and bear all the
statutory and other liabilities of the canteen employees. In this regards, the canteen
contractor will be required to:-
iii) employ canteen employees free from infectious diseases and healthy individuals to
work in the canteen. No such canteen employees will be under the age of 18 years.
Documentary evidence of the age as well as KYC details of all the canteen
employees will be provided by the canteen contractor to the Undertaking.
iv) ensure payment of wages/salary to the canteen employees as per the statutory
provisions and keep the Undertaking indemnified in this regards
v) maintain a standard “wage register” and “attendance register” wherein the names
of all the canteen workers/labours, engaged by the canteen contractor to work in a
canteen, should be duly recorded;
vi) extend/provide all the statutory benefits to the canteen workers under the Labour
Laws i.e. Minimum Wages Act, Payment of Wages Act, Workmen Compensation Act,
P.F. Act, E.S.I. Act, P.Tax, M.L.W.F., etc.. The Undertaking shall in no case be held
responsible for any non-compliance in this respect.
vii) carry out “medical tests” of all the canteen workers/labours every year at a
M.C.G.M. Hospital and obtain fitness certificate. In case any canteen employee
comes in contact with contagious diseases, the afflicted person should be sent for
treatment and may be substituted with another person to work in the canteen.
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viii) strictly refrain from registering or entering the immediate family members (of the
canteen contractor) in the “Wage/Attendance Register” of the canteen.
ix) The name of the canteen contractor should not be enrolled in the “wage register”
of any other canteens of the Undertaking.
x) ensure that the canteen employees are issued “identity/gate passes” from the
zonal Security Department of the Undertaking and they wear clean clothes. Also to
ensure that the canteen employees will comply with all the security regulation in
the depot/workshop/bus station premises.
19. The canteen contractor will receive “subsidy” at the rate fixed/approved by the
Management from time to time. The payment of subsidy will be strictly subject to
fulfillment of all the terms and conditions of the “agreement” and rendering of
satisfactory canteen services by the canteen contractor. The performance of the canteen
will be regularly assessed by the competent/inspecting officers designated by the
Undertaking for the purpose.
20. Free electricity and water supply will be provided in the canteen upto the limit stipulated
by the Undertaking from time to time. However, the canteen contractor will have to bear
the bills for consumption of electricity and water over and above the prescribed limits.
21. The canteen contractor is prohibited from utilizing or installing any electrical appliances in
the canteen premises without prior approval or permission of the Undertaking, with the
exception of grinding machine/mixers, refrigerator, hot case, tea vending machine.
22. The canteen contractor is required to display copies of the following at prominent place in
in the canteen premises, preferably in the dining hall above the serving counter:-
a) Copy of the Municipal/Health License;
b) Copy of the FDA License;
c) Notice board displaying that the canteen premises is “fire compliant” and
d) Photograph of the canteen contractor and the Manager appointed by him/her.
23. The canteen contractor will ensure that no structural damage or damage to fitments,
electrical wiring, electrical switch boards, fans, plumbing installations, platforms, tiles, or
any other property of the Undertaking is caused in the canteen premises. For any
damages caused to the property of the canteen, its fittings viz., electrical, plumbing, etc.,
with the exceptions of routine wear and tear, the canteen contractor will be liable to bear
the cost of the same, failing which the Undertaking will recover the proportionate cost of
damage from the amount of “subsidy” and/or from the “security deposit”. Upon such
recoveries made by the Undertaking from the “security deposit” towards cost of
damages, the canteen contractor will have to deposit additional amount (i.e. equivalent
to the recoveries made) towards the “security deposit” so as to keep it fully
replenished.
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24. The canteen contractor is required to adhere with and comply with the instructions and
orders of the authorized inspecting Authority issued for smooth functioning or
betterment of the canteen services.
25. It is binding upon the canteen contractors to prepare and supply victuals to the members
of staff working at outdoor chowkies of the Undertaking. The Undertaking may make
necessary arrangements to transport the victuals/food items from the canteen to the
outdoor chowkies.
26. In case of individual canteen contractors, on sudden demise or death of the canteen
contractor during the contractual period, the said contract will be transferred in the name
of his/her legal heir till the date of the expiry of the contract. Thereafter, tenders will be
invited for the running of the canteen concerned.
27. The canteen contractor will be required to maintain ‘Attendance Register’, ‘Wage
Register’, Bills of purchase of raw materials, books of Accounts as per the statutory
provisions under the various Acts/Rules.
28. The canteen contractor will not stock any inflammable or otherwise dangerous materials,
goods, narcotics or drugs which are deemed to be fire and health hazards in any part of
the allotted canteen space.
29. The canteen contractor is not allowed to sublet the canteen to any other unauthorized
person and shall not assign/transfer part or full demised premises to any other
person/individual or firm under any circumstances and will use the canteen premises for
the sole purpose of providing canteen services to the staff members of the Undertaking.
30. The canteen contractor will keep the Undertaking indemnified against all
claims/charges/expenses/actions arising out of or incurred due to
i) non-compliance of statutory liabilities/stipulations by the canteen contractor,
ii) payment of labour compensation to the canteen employees,
iii) PF/ESI payment of the canteen employees.
31. The canteen contract shall be terminated by one month’s calendar notice on either
side.
32. In case, the canteen contractor is found in breach of any condition(s) of “agreement” or
“terms and conditions of contract” at any stage, legal action as per rules/laws shall be
initiated against the said canteen contractor. In such cases, punitive action will be
initiated as deemed fit by the competent authority and may include warning or fines or
forfeiting proportionate amount/full amount from the subsidy or forfeiting part of the
security deposit or full security deposit, after giving proper opportunity to the canteen
contractor through show cause notice..
33. If the canteen contractor terminates the contract before the expiry of the contractual
period or fails to run the canteen / tea stall / mobile canteen for the period for which the
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terms and conditions are operative, then the canteen contractor shall be liable to pay an
amount of 5% of the ‘security deposit’ or Rs.10,000/- (Rs. Ten Thousand only), whichever
is maximum. This amount will be recovered as penalty from the ‘security deposit’ paid
by the canteen contractor concerned.
34. Notwithstanding anything to the contrary herein contained, the Undertaking shall be at
liberty at its entire discretion to terminate the canteen contract and forfeit the security
deposit in the event of :-
i) Any breach or default of any of the terms and conditions or stipulations in the
‘agreement’ or in the “terms and conditions of the contract” or
ii) The canteen service during the contractual period being found to be unsatisfactory or
below average for a continuous period or consecutive period of three months or
iii) Any serious lapses committed by the canteen workers/labours engaged by the
canteen contractor or
iv) Non compliance with the statutory requirements of the Government Authorities.
35. The cost of execution of the agreement/undertaking shall be borne by the canteen
contractor. The contractor shall pay a sum of Rs.500/- as administrative charges within 7
days from the date of the acceptance letter. The agreement/undertaking will be on lines
similar to the terms provided herein or modified or added by the Undertaking.
36. The Undertaking shall have the right to prescribe fresh terms and conditions during the
period of the contract.
37. If at any time, any questions, disputes or differences whatsoever arising out of or in any
way concerning the canteen contract or pertaining to the performance of the canteen
contractor, the decision of the General Manager will be final and binding on the canteen
contractor.
38. The Undertaking reserves the right to short close and/or terminate the canteen contract
at any time without assigning any reason thereof by giving one month notice of their
intention to do so in writing to the contractor who shall not be entitled to any
compensation by reason of such termination.
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