Notice Inviting E-Tender for Setup & Operating a Souvenir Shop on Leave and License Basis in “Museum on Prime Ministers of India”,
Teen Murti, New Delhi
Reference Number - MOPM/RFP/2020/003V2
Nehru Memorial Museum & Library, Museum on Prime Ministers of India,
TEEN MURTI HOUSE, New Delhi, Delhi 110011
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Abbreviations
1. EMD Earnest Money Deposit
2. INR / Rs. Indian Rupee
3. CA Chartered Accountant
4. PAN Permanent Account Number
5. GSTN Goods and Service Tax Number
6. PSU Public Sector Undertaking
7. FY Financial Year
8. PBG Performance Bank Guarantee
9. NMML Nehru Memorial Museum & Library
10. MRLF Minimum Reserve License Fee
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Definitions
1.
Bidder As defined below under the table in Section 5, that quotes a particular price, while competing with others, for providing services with respect to specific requirements in this Tender Document
2. Licensor NMML
3.
Successful Bidder
The Bidder to whom the license is awarded and is fully responsible towards Licensor for providing Services as per the requirements and terms and conditions specified in this Contract. The term shall be deemed to include the Bidder's successors, representatives (approved by the Department), heirs, executors and administrators, as the case may be, unless excluded by the terms of the contract.
4.
Similar Work Similar work herein would mean work of setup & operating
a souvenir shop on leave and licenses basis in a city mall, railway station, ferry/ships terminal, bus terminal or museum during the last 05 years.
5.
Central/ State Government Organization
Centre or state-run PSUs, Statutory bodies and co-operative societies.
6. Confidential Information
means any information, technical data or know-how (whether disclosed before or after the date of this Contract), including, but not limited to, information relating to business and product or service plans, financial projections, business forecasts, sales and merchandising, human resources, patents, patent applications, computer object or source code, research, inventions, processes, designs, drawings, engineering, or that Successful Bidder acquires otherwise under this agreement, either directly or indirectly in writing, marketing or finance to be confidential or proprietary or
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which information would, under the circumstances, appear to a reasonable person to be confidential or proprietary.
7. Applicable Laws
Laws and any other instruments having the force of law in India as they may be issued and in force from time to time.
a. All terms and words not defined herein shall, unless the context otherwise
requires, have the meaning assigned to them in the E-Tender. b. The following documents along with all addendum issued thereto shall be
deemed to form and be read and construed as integral part of this Contract and in case of any contradiction between or among them the priority in which a document would prevail over other would be as laid down below beginning from the highest priority to the lowest priority:
i. Contract; ii. Annexes of this contract;
c. Nothing contained herein shall be construed as establishing a relation of master and servant or of agent and principal as between Licensor and the Successful Bidder. The Successful Bidder shall, subject to this Contract, have complete charge of Personnel performing the Services and shall be fully responsible for the Services performed by them or on their behalf hereunder.
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Table of Contents Section 1: Notice Inviting Tender 6
Section 3: Introduction 7
Section 4: Document Control Sheet 9
Section 5: Eligibility Criteria 11
Section 6: Schedule & Operation of Premises 13
Section 7: Technical Bid Evaluation 16
Section 8: Financial Bid Evaluation 17
Section 9: General Terms & Conditions 18
Section 10: Annexures 29 10.1 Covering Letter for Tender Document 29 10.2 Acceptance Letter 30 10.3 Experience of having and successfully completing licenses of Similar Work 32 10.4 Self-Declaration on not being blacklisted 33 10.5 Self-Declaration 34 10.6 Financial Bid 35 10.7 License Agreement 36 10.8 Form of Bank Guarantee 41 10.9 CV’s of Key Personnel 43
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Section 1: Notice Inviting Tender
NMML
RFP Reference Number:
MOPM/RFP/2020/003V2
NMML invites online bids for Setup & Operating a Souvenir Shop on Leave and License Basis in “Museum on Prime Ministers of India”, Teen Murti, New Delhi.
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Section 3: Introduction
1. The NMML is an autonomous body/society/trust registered under the Coop Act, fully funded and administered by the Ministry of Culture of the Government of India. The Hon’ble Prime Minister of India is the President of NMML. The direction, control and administration of the affairs of NMML are vested in the Executive Council of NMML.
2. The Government of India proposes to set up a Museum on Prime Ministers of India in the premises of Teen Murti Bhawan, New Delhi. A contemporary Museum Building Complex is envisioned that will be a premiere institution focusing on collecting, documenting, researching, and disseminating information about the lives and contributions of the Prime Ministers of India. The prime objective of the Museum is to provide the visitors a better understanding of, and create curiosity amongst them about, the different individuals who have occupied the office of Prime Minister, their individual personalities and contributions as Prime Ministers, as well about the institution of the Prime Minister.
3. The landmark achievements, works, thoughts, expressions and contributions of the Prime Ministers of India would form the ethos and core of the content and display in the Museum on Prime Ministers of India. Rashtrapati Bhawan, Parliament and the Supreme Courts already have museums that showcase individual Presidents, working of Parliament and its development and the history of the Supreme Court.
4. The Museum on Prime Ministers of India is envisioned to be a technological marvel by infusing /blending content with state-of-the-art technologies. NMML has collected tens of thousands of photographs, videos and audios of different Prime Ministers as well as developed biographical narratives of each individual. This would need to be presented to the viewers in manner and form involving technologies such as 3-D Mapping techniques, touch enabled displays, depiction through AV projection, Hologram, Multi touch interactive tables, touch kiosk,QR Code information LED projection wall etc. and modern acoustics along with conventional exhibits to provide a seamless and immersive experience to the visitors. It is envisaged for the Museum to be a technological marvel being agnostic to any specific technology but utilising the most effective tools of communications befitting an environment of informal space of learning.
5. The footprint of the buildings is approximately 10,000 sq.mts. The
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Central Public Works Departments (“CPWD”) coming under the Minister of Housing & Urban Development, Government of India, is handling the construction related aspects of the project except content display and related interior. There would be certain flexibility available in utilising spaces such as library, archives, workshops, holographic theatre and others, based on designs developed and in conversation with the architect. The total estimated project cost is Rs.226.20 crore. The cost of display, content generation, digitization and cost of technological interfaces including associated civil and electrical works built in the estimated cost is Rs.76.50 crore. The scheduled date of opening of the museum is October, 2020.
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Section 4: Document Control Sheet
1 Tender Inviting Authority Designation and Address
Nehru Memorial Museum & Library (NMML), Teen Murti Bhavan, Teen Murti Marg, Teen Murti Marg Area,
New Delhi, Delhi 110011
2 a) Name of the Work
Operating a Souvenir Shop on Leave and License Basis in “Museum on
Prime Ministers of India”, Teen Murti, New Delhi
b) e-Tender Reference number
MOPM/RFP/2020/003V2
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a) Tender document availability
Can be downloaded from www.tenderwizard.com/NMML and
http://nehrumemorial.nic.in/e-tenders.html
b) Cost of Tender Document (Form Fee)
Nil
4 Publication of E-Tender 23/10/2020
5 Date, Time & Venue for Pre
Bid meeting
01/11/2020 at 11am through video conferencing. Bidders to send a
request to attend the pre bid meeting by sending an email to
[email protected], on or before 31/10/2020 by 2pm to get the link of
the video conference.
6 Last date for
clarification/queries
04/11/2020 by 5pm through email to [email protected]
7 Earnest Money Deposit
(EMD)
Equal to MRLF through online mode available on e- tendering portal
(www.tenderwizard.com/NMML and http://nehrumemorial.nic.in/e-tenders.html) in case of any processing fees, it
has to be borne by the bidder.
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8 Performance Bank Guarantee 6 times Monthly License Fee
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Last date for submission, Time and Place of submission
of Bid
18/11/2020 by 5pm on the e-tendering portal www.tenderwizard.com/NMML
and http://nehrumemorial.nic.in/e-tenders.h
tml
10 Date & Time for Opening of
Qualification Bids
19/11/2020 at 11am on the e-tendering portal
www.tenderwizard.com/NMML and http://nehrumemorial.nic.in/e-tenders.h
tml
11 Date & Time for the Technical Evaluation and Presentation
25/11/2020 at 11am in the office of Nehru Memorial Museum & Library
(NMML)
12 Date & Time for Opening of
Commercial Bids
02/12/2020 at 11am via e-tendering portal www.tenderwizard.com/NMML
and http://nehrumemorial.nic.in/e-tenders.h
tml
13 Method of Selection H1 Bidder
14 Website for RFP Reference
www.tenderwizard.com/NMML and http://nehrumemorial.nic.in/e-tenders.h
tml
15 MRLF INR 30000
Note: All corrigendum /addendum /clarifications regarding this E-Tender shall be posted on the above mentioned websites only. No other communication or advertisement will be given. Authority will not be responsible in case any bidder fails to upload the bid in stipulated time for any reason.
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Section 5: Eligibility Criteria Tender is available on the e-tender portal i.e. www.tenderwizard.com/NMML and http://nehrumemorial.nic.in/e-tenders.html This Invitation to Bid is open to all entities meeting or exceeding all of the following minimum Qualification criteria. Any Bidder not meeting even one of the qualification criteria as mentioned below shall be summarily rejected. Note: For To participate in E-Tender, it is mandatory for Tenderers have to get themselves registered with M/s ITI Limited through Tender wizard (www.tenderwizard.com/NMML and http://nehrumemorial.nic.in/e-tenders.html) and to have User ID and Password, Tenderers have to pay Annual Registration Charges of Rs. 2000/- + GST to M/s ITI Limited through e-payment. Already Registered bidders need not pay registration charges to M/s ITI. The Bidder must possess the requisite experience, strength and capabilities in providing the services necessary to meet the requirements as described in this Document. The Bidder must also possess the administrative capability, technical know-how and the financial wherewithal that would be required to successfully undertake the Project for the entire period of the Contract. The Bids must be complete in all respects and should cover the entire Scope of Work as stipulated in this Tender document. Only agencies/ firms who meet the given minimum qualifying criteria are eligible to apply and agencies/ firms which do not meet the necessary eligibility criteria will not be considered for further evaluations. S.No. Clause Documents Required
1 EMD should have been submitted.
Receipt of payment done through online mode available on e- tendering portal (www.tenderwizard.com/NMML and http://nehrumemorial.nic.in/e-tenders.html) or MSME certificate (registered in identical activity) in case of
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availing MSME exemption.
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The Bidder should be registered under the Companies Act, 1956 or Companies Act, 2013 or a partnership firm registered under Indian Partnership Act, 1932 or Limited Liability Partnership registered under Indian Limited Liability Partnership Act, 2008 or a Hindu Undivided Family (“HUF”) or a Proprietorship having a valid PAN and having business income in the same line of business for past 3 years as on 31-03-2020. Joint Venture/Consortium is not allowed.
Copy of Certificate of Incorporation/ Partnership deed/ Registration self-certified by the Authorized Signatory of the company.
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The bidder should have (i) Three licenses of similar works with monthly license fee not less than the amount equal to 40% of MRLF (exc GST/taxes) or (ii) Two licenses of similar works with monthly license fee not less than the amount equal to 50% of MRLF (exc GST/taxes) or (iii) One license of similar work with monthly license fee not less than the amount equal to 80% of MRLF (exc GST/taxes)
Copies of the license agreement of similar works mentioning their details as per format in Annexure 10.3.
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The Signatory signing the Bid on behalf of the Bidder should be duly authorized by the Board of Directors/Partners of the Bidder to sign the Bid on their behalf.
Power of Attorney/ Board Resolution executed by the bidder in favor of authorized signatory
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The Bidder must have an average annual turnover of at least INR 10 Lakh from similar business for the following financial years: FY 17-18, FY 18-19 and FY 19-20. If the Audited Balance Sheet of FY 19-20 is not available, the same condition will be applied on the following financial years: FY 16-17, FY 17-18 and FY 18-19.
Audited Balance sheet and Profit & Loss account statement of the Bidder for each of the 3 financial years. Certificate audited by CA mentioning average turnover from similar business for the 3 financial years.
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Bidder should not have been black listed by any Government or quasi-Government entity in India (Centre / State / Local Bodies, PSU or any State Organization etc.) for breach of any applicable law or violation of regulatory prescriptions or breach of agreement as on the date of submission of Bid.
A self-certified letter as per the Annexure 10.4
7 The bidder must possess a valid GSTIN and PAN No.
Copy of the GST Certificate and PAN
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Bidder should have neither failed to perform on any agreement, as evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award against the Applicant, nor been expelled from any project or agreement or have had any agreement terminated for breach.
A self-certified letter as per the Annexure 10.5
Section 6: Schedule & Operation of Premises S. No.
DETAILS OF PREMISES
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01. Name of the Facility : SOUVENIR SHOP
02. Location: Museum on Prime Ministers of India, Teen Murti, New Delhi
03. Purpose: Sale of Souvenir
04. Size: 2269 sq.ft.
1. Internal modification if any shall be permitted only after prior approval of the Licensor. The material to be used for partition/fabrication of the shop shall be as per the specification given by the Licensor and to be approved by the Licensor in advance.
2. Mandatory: The licensee awarded the contract should display his name prominently. He should also display the franchisees approval in the premises. Further, display of any advertisement shall not be permitted in the earmarked area; however the Licensor reserves the right to display advertisement.
3. The facility is to be kept open for the period as directed by the Licensor from time to time.
4. The Licensor shall not be responsible for any legal cases that arise due to health hazard on account of quality of product and other legal matters for quantity, price etc. sold by the Licensor. The sole responsibility shall be of the Licensee in any legal cases.
5. The Licensee shall comply with all applicable laws, ordinance, Rules & Regulations prescribed in Contract Labor Act 1970, EPF Act 1952, ESI Act 1948; Payment of Wages Act 1936, and Minimum Wages Act 1948 and Workman Compensation Act 1923 in respect of this contract and shall pay at his own cost all charges in connection therewith.
6. It’s the licensee's responsibility to keep the premises in a clean and tidy condition and open to inspection to the satisfaction of the Licensor or his representative.
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7. Tenderers are requested to visit the site to assess the feasibility of business before bidding. No reduction in license fee will be entertained by the Licensor at a later stage.
8. The licensee shall abide by all the rules and regulations, the Licensor will not be responsible for any delay.
9. A Sample kit having 5 souvenirs (customized design) out of the options mentioned below in the table below or additional as per choice of the Bidder shall be submitted to the Licensor for evaluation, feasibility and design aesthetics during the technical presentation.
Regular Nos. Rate in INR.
Sr. No. Product Name Quantity
1 Coffee Mugs
2 Water Bottle
3 Photo Frames 4 Key Chains 5 Caps 6 Postcards
7 Mobile Cases 8 Coasters
9 Bags/Pouches 10 Scarfs 11 Umbrellas 12 T-shirts
13 Wrist Bands
14 Fridge magnets
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15 Souvenir figurines, statues & Sculpture
This kit will be retained by the Licensor for which payment shall not be made.
Section 7: Technical Bid Evaluation The Licensor reserves the right to cross verify the documents/credentials with the bidder. The Documents submitted by the Bidder should clearly depict the credential/criteria as required, failing which the document shall not be considered for evaluation.
Evaluation Criteria
Marks
Maximum Marks
Supporting Document
Average annual turnover for the following financial years from similar business: FY 17-18, FY 18-19 and FY 19-20. If the Audited Balance Sheet of FY 19-20 is not available, the same condition will be applied on the following financial years: FY 16-17, FY 17-18 and FY 18-19.
>= INR 10 Lakh & < INR 15 Lakh - 5 marks
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Audited Balance sheet and Profit & Loss account statement of the Bidder for each of the 3 financial years. Certificate audited by CA mentioning average turnover from similar business for the 3 financial years.
>= INR 15 Lakh & < INR 20 Lakh - 10 marks
>= INR 20 Lakh - 15 marks
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Prior experience of the Bidder in executing similar works in the last five financial years ending 31st March, 2020 (maximum 3 works)
License of similar work with monthly license fee not less than the amount equal to 40% of MRLF (exc GST/taxes) - 3 marks
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Copies of the license agreement of similar works mentioning their details as per format in Annexure 10.3.
License of similar work with monthly license fee not less than the amount equal to 50% of MRLF (exc GST/taxes) - 5 marks
License of similar work with monthly license fee not less than the amount equal to 80% of MRLF (exc GST/taxes) - 10 marks
Team Key Personnels
Principal Product Designer with Degree in Product/Industrial Design and experience>=10 years
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CV of the key personals as per format mentioned in Annexure 10.9 along with qualification proof
Quality in Prior experience
Theme, Operation and Souvenir sold in prior similar work mentioned in Annexure 10.3
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Presentation showing latest photos of the premise, customer footfall and souvenir sold
Project Plan
Idea, Theme and Relevance of Proposed Souvenir - 20 marks
40 Technical Presentation
Quality of Souvenir submitted
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in the kit - 20 marks
Note: Only those bidders whose absolute technical score is 80 or more shall be considered by Licensor for further evaluation. In addition, Evaluations will be based on documentary evidence submitted by the Bidders and presentation before the Licensor. Section 8: Financial Bid Evaluation
1. The Financial Bid should be quoted in the prescribed format only (Annexure 10.6) along with the tender documents, indicating the offer made by the tenderer(s) and no other document(s). GST and any other taxes imposed by government/local bodies shall be payable by the licensee on license fee and space rents.
2. Any party quoting price below the mentioned MRLF amount will be disqualified immediately.
3. In case of difference in amount of licence fee quoted in words and figures, the amount indicated in words shall be taken into account.
4. The Bidder with the highest quoted bid will be declared as the Successful Bidder.
Section 9: General Terms & Conditions
1. Tender Documents are not transferable. 2. On acceptance of the tender, the name of the tenderer, the name of
the accredited representative(s) of the tenderer who would be responsible for taking instructions from authorized officials of the Licensor to be intimated.
3. Silence or the use of the word “Noted” against any of the tender conditions shall mean tenderer agrees to comply with that/those conditions.
4. Sole proprietor having concerns under different names will be considered as a single legal entity. A PAN card will determine the single entity criteria hence will be the basis for decision.
a. No party or legal entity is allowed to submit more than one tender.
b. In case of partnership firms, as it does not have any legal entity of its own, hence if two or more firms are having common partners, then all these firms will be considered as a single entity. The principle of implied agency of partner as per the Partnership Act of India has been taken as the guiding principle.
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Since the provisions are different in Tax laws hence different PAN card will not entitle the firms having common partners to be treated as separate entities for the purpose of commercial contracts in the Licensor.
c. In case of companies, if the holding company and its subsidiary are participating in the same tender then a disclosure to this effect to be made at the time of application for tender from/or before submission of tender (applicable for Tender downloaded from website). Also it will be mandatory for them to submit the basis and proof of the relationship during the Technical Bid stage.
5. It may be noted that the Earnest Money Deposit of the Successful bidder may be forfeited and the bidder may be debarred for further participation in the Licensor’s tender(s) for a period of one year, on account of non-completion of the following:-
a. Acceptance of the offer within 10 day from the date of award. b. Payment of advance license fee for one month within 15 days
from the date of the award letter. c. Licensee shall deposit an amount equal to 06 (six) months
license fees based on the first year licence fee as Security Deposit. Payment of Security Deposit will be accepted only in the form of Demand Draft/Pay Order/Bank Guarantee of a Nationalized/ Scheduled Bank in favour of NMMLs, payable at within 15 days from the date of the award letter. Bank Guarantee from Co-operative Bank of Gramin Bank will not be accepted. The validity of Bank Guarantee should be more than 06 months from the contract period and No Interest is payable on Security Deposit.
d. Execution of the Agreement within 15 days of date of award letter, and,
e. Commencement of the facility within 60 (sixty) days. On receipt of the award letter, the party has to specify the gestation period, which cannot exceed 60 days, and is calculated from the date of award letter. Billing will start on expiry of gestation period.
6. Tender(s) will remain valid for a period of 180 days from the date of opening of the Technical Bid. If any tenderer withdraws during the validity period, his Earnest Money Deposit will be forfeited. However, the tenderer(s) can withdraw their Earnest Money Deposit after the validity is over. The Tenderer(s) may extend the validity of their tender(s) with the consent of the Licensor.
7. The party will also be debarred from participating in any tender of the Licensor for a period of 01 year.
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a. If any contract is terminated due to any illegal activity which is punishable under any of the laws of the land, then the party will be debarred till the case is cleared by the concerned legal authority of the land. In case any penalty or fine is imposed by the concerned Authority then the party will be debarred till he obtains a clearance from the concerned Authority.
b. If at any stage the Licensor finds that the party has submitted any false/wrong/ concealment of information/document affecting eligibility criteria of the facility, in such case, EMD shall be forfeited and party is liable to be debarred for three (03) years from participation in the Licensor tenders.
c. If the licensee does not operate the license up-to 50% of the contract period then the party is liable to be debarred for next one year.
8. Post bid and pre bid query shall be carried out through e-mode only. 9. The Licensor reserves itself the right to extend the date of
receiving/opening of the bids as well as to extend the validity of the tender with consent of the tenderer.
10. The Licensor reserves the right to reject any or all tender(s) in part or full without assigning any reason.
The Authority hereby covenants with the Licensee as follows:
1. The Licensee, his servants and agents shall be entitled to use all ways, paths and passages as may from time to time be maintained on the said Museum subject to such Rules and Regulations as may be imposed by the lawful authorities of the Licensor.
2. The Licensee paying the License fee/rent and performing the covenants herein contained and on his part to be performed shall and may peacefully possess and enjoy the premises with use of the ways, paths, and passages as aforesaid during the said term without any lawful interruption from or by the Authority or any person claiming under the Authority.
3. Any notice required to be served on the Licensee under this agreement shall be deemed to have been served if delivered at or sent by Registered Post to his last known address or to his authorized representative or agent. Similarly, any notice to be given to the Authority under this agreement shall be deemed to have been served if delivered at or sent by Registered Post to the Authority who should invariably acknowledge the notice. The period of Notice given
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under this Agreement will count from the date of receipt of notice by either side.
4. Subject as herein before otherwise provided, all notices to be given on behalf of the Authority and all other actions to be taken on behalf of the Authority, may be given or taken on behalf of the Authority by the Director of the Museum or by any other Officer from the time being authorized by or entrusted with the functions, duties and powers of the said Museum Director, in respect of the Museum under his charge.
5. The Licensee shall not, unless with the written consent of the Authority, create a sub contract of any description with regard to this License or any part thereof, nor shall be without such written consent as aforesaid, assign or transfer his License or any part thereof.
6. The Licensee shall use the premises only for the purpose indicated in this Agreement and no other purpose thereof whatsoever. The Licensee, his agents and servants shall observe, perform and comply with all Rules and Regulations of the Shop and Establishment Act, Factories Act, Industrial Dispute Act, Minimum Wages Act and the provisions of any statutory law applicable to the Licensee including other Department of Government and or Local Body or Administration in force from time to time and to the business which the Licensee is allowed to carry on under this Agreement and to the area in which the said premises are located.
7. The Licensee shall indemnify the Authority from/against any claims made or damages suffered by the Authority by reason of any default on the part of the Licensee in due observance and performance of the provisions of any law which may be related to the purpose of this agreement and to the area in which premises are located.
8. The Authority shall not be responsible in any way for loss or damage by any means causes to the Licensee’s stock or property.
7. The Licensee shall at his own cost maintain the premises in a proper state of cleanliness an abide by such directions as may be given by the Authority and such other departments as may be entrusted by the Rules & Regulations with the work of inspection and enforcement about the conditions of sanitation, cleanliness and hygiene. If the premises is not maintained in reasonably clean condition by the Licensee, Museum director shall have powers to get the premises cleaned at the risks and cost of the Licensee and recover liquidated damages at the rate of Rs. 500/- per day for each default up to 07
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(seven) days and thereafter Rs. 1000/- per day and can take other actions including terminations of the License.
8. The Licensee shall comply with the requirements of all standard health clauses including those given below:
a. The Museum Health Officer/Medical Officer of the Licensor or persons authorized by them may without notice enter the premises any time and inspect the premises materials, instruments, implementations, etc. used by the Licensee.
b. All the instructions given by the Museum Health Officer/Medical Health Officer of the Licensor or any person authorized by him in the maintenance of public health of the Museum including sanitation control, prevention of infectious diseases, control and prevention of nuisance from insects, rodents, or any other source, shall be carried by him and his agent and his servants.
c. The Licensee shall notify the Museum Health Officer whenever any person working under him is suffering or suspected to be suffering or suspected to be suffering or convalescing from any infectious disease. The Museum Health Officer may medically inspect the said person or any person who is suspected to have been in contact with the person and take any precautionary and preventive measures considered necessary.
d. The Licensee, his agents and servants shall not without consent of the Museum Health Officer, interfere with, injure or destroy or render useless any work executed or any materials or things placed in, under or upon any land or building by or under orders of the Museum Health Officer with the object of preventing the breeding or entry of mosquitoes or maintenance of sanitation.
9. The Licensee, his agents and servants shall not abuse the water sources, and drainage facilities in the Museums area so as to create a nuisance of unsanitary situation prejudicial to public health. In the event of any default, failure, negligence or breach in the opinion of the Authority, on the part of the Licensee in complying in either of these conditions specified in the forgoing sub-clause (a) to (e), the Authority will be entitled and be at liberty to terminate the Licensee forthwith and resume a possession of the premises without payment of any compensation or damages and forfeit in full or in part the
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amount deposited by the Licensee for due performance of the Agreement.
10. The Licensee shall employ only such servants as shall have good character and as well behaved and skillful in their business. He shall furnish the Authority in writing with the names, parentage, age, residence, and specimen signature or thumb impression of all servants whom he proposes to employ for the purpose of the Agreement before they are so employed and the authority shall be at liberty to forbid the employment of any person whom it may consider undesirable. The servants employed by him shall be under the general discipline of the Authority and shall confirm to such directions as may be issued by the Authority in respect of points or routes of entry to and exit from the premises and in respect of the use of toilet and wash rooms. He shall also have the character of all persons employed by him verified by the Police to the satisfaction of the Authority, before the employment.
11. The Licensee would be required to install adequate numbers (as may be decided by a Fire Officer or any other Authorized Officer of the Licensor depending upon the area of the licensed premises) of minimum a 2.5 kg CO2 fire extinguisher in the licensed premises at his cost before commencement of the business.
12. No wooden partition/inflammable materials shall be permitted in the licensed premises. The material to be used for partition/fabrication of the shop/office premises shall be as per specification to be approved by the Licensor in advance.
13. The Licensee shall not use a naked light or cause or permit any such light used in the licensed premises.
14. The Licensee shall not damage the premises for any part of the Licensor premises and in the event of any damage being caused to the same intentionally or otherwise by the Licensee, or hi employees or invitees or customers, the Authority shall be entitled to repair the damage or make the requisite replacement and call upon the Licensee to replacement and call upon the licensee to reimburse cot thereof with the Licensee undertakes to pay forthwith on demand.
15. The licensee shall not store or bring or keep in the premises heavy articles so as to injure or damage the premises or keep goods of combustible or inflammable nature unless required for executing the license.
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16. The Licensee shall not use electrical heaters, toasters and other allied appliances in the premises for the preparation of tea, coffee and for heating of food etc. unless specifically provided under the agreement to perform contractual obligations.
17. The Licensee hereby agrees to provide necessary training to the employees posted in the licensed premises for handling fire extinguisher as provided in the terminal/licensed premises.
18. The Licensee will, during the continuance of this license insure against any claim for workmen’s compensation or otherwise of all persons employed by him in connection with his business to be carried on as aforesaid with such insurance company as the Authority shall approve of and shall produce for inspection on demand by the Authority all policies in respect thereof and the receipts from time to time for current premium.
19. In case of such breach of the terms of this license as minor offences and complaints coming to it notice for which in the opinion of the Authority this Agreement need not be terminated, the Authority may at its discretion recover compensation from the Licensee up to the limit of the security deposit of the Licensee. The decision of the Authority in this respect will be final and binding on the Licensee
20. The Licensee shall not hold or permit to be holding any public or private auction in the licensed premises
21. The Licensee shall sell articles in the premises at prices which shall be marked on the articles or on tags attached thereto and it shall not be in excess of the retail prices/fair prices fixed by the manufacturers or Government or any other local authority whichever is lower or controlled prices in case such controlled price has been fixed by any authority and in all other cases, not exceeding the reasonable market rates for similar goods. The Authority can after giving reasonable opportunity to the Licensee to show cause itself, fix the price of any article or articles, if in it opinion, the prices charged are unreasonable or exorbitant and there upon the Licensee shall sell only at the prices so fixed by the Authority and he/she shall also be liable to refund to any customer any amount in excess paid by such customer for any articles in excess of the price so fixed.
22. It shall be obligatory for the license to keep in stock and in case they are intended for distribution, and distribute the same and display, literature produced and released by the publication division of Government of India and/or Tourism Department of the Central
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Government or of the State Government within whose jurisdiction the Museum is situated on such terms and conditions as may be fixed by the said publication division or said Tourist department
23. The Licensee shall not stock, sell, display, exhibit for sale any books, magazines, newspapers or periodicals, statues, idols or other articles which are repugnant to morals or indecent and immoral, improper or otherwise objectionable in character, it being expressly agreed that the decision of the Authority shall be conclusive in this behalf an absolutely binding on the Licensee and shall not be subject to any dispute or review. Apart from any other legal/disciplinary action, the Licensee shall immediately remove such book, journal or articles from premises, if, as decided by the Authority it is objectionable in any manner to keep, exhibit or sell the same
24. The Licensee shall maintain a complaint book in a prominent place in the premises and in such a way that it is easily accessible to any person who wishes to record any complaint and the said book shall be open for inspection by the Museum director of the Licensor
25. If because of any strike or lock-out either in the Museum or outSide the Museum, the Licensee is unable to function or his business is affected, the Authority shall not be liable for any loss which the Licensee may suffer in such an event. However, rebates in the license fee due to ban on visitors entry at the Museum and due to natural calamities and due to declaration of the closure of the museum for total operation shall be granted as per the merit of the case and policy laid down by the Licensor from time to time
26. In the event of the Licensee being prohibited from selling one or more articles in the premises because of Government Laws/Rules/Regulations/Orders, the Authority shall not be liable for any loss suffered by the Licensee in such an event the Licensee shall not be entitled to any reduction in the fees payable to the Authority or permission for sale of additional items
27. The Licensee shall deposit duplicate keys of the premises with the Authority whenever the Museum Director demands and permits the Authority to make use of the keys during the emergency. The Licensee shall not remove or replace the lock on the outer door or change the locking device on the said outer door of the shop
28. The Authority does not recognize any Association of the Traders and in case any negotiation/bargain necessary with regard to the clarification of the Terms and Conditions of the License or
25
modification thereof such negotiations should be sought by the Licensee alone and no collective representation / bargaining will be entertained
29. On expiry of the license period or on termination of the license by the Licensor on account of any breach on the part of the Licensee, the licensee shall deliver in the possession of the premises in good condition and in peaceful manner along with furniture, fittings, equipment, and installations, if any, provided by the Licensor. Further, Licensee shall remove his/their goods and other materials from the premises immediately, failing which the Licensor reserves its rights to remove such goods/materials at the cost and risk of the Licensee and demand payment for such removal. If such payment is not made within ten days, the Licensor shall be at liberty to dispose of the goods/materials of the Licensee by public auction to recover the cost. The Licensee shall not be entitled to raise any objection in such an eventuality
30. The license here with granted shall not be constructed in any way as giving or creating any other right or interest in the space/building(s)/land/garden/tank/ premises to or in favor of the Licensee but shall be constructed to be only as a license in terms and conditions herein contained
31. The Licensor, its servants and agents shall at all time have the absolute right of entry into the said premises
32. The provision of the public premises (eviction of unauthorized occupants) Act, 1971 and the rules framed there under which are now in force or which may hereafter come into force shall be applicable for all matters provided in the aid act
33. That the Licensee undertakes to pay the full amount of license fee/dues regularly as per the award/agreement and perform all the covenants of the agreement if he/they/it have requested for appointment of Arbitrator and/or during the course of arbitral proceedings
34. All disputes and differences arising out or in any way touching or concerning this agreement (except those the decisions whereof is otherwise herein before expressly provided for or to which the public premises [Eviction of unauthorized occupancy] Act and the rules framed there under which are now in force or which may hereafter come in to force are applicable), shall, in the first instance, be referred to a Dispute Resolution Committee (DRC) set up at the
26
Museum for which a written application should be obtained from the party and the parties clearly spelt out. In case the dispute is not resolved within 45 days of reference, then the case shall be referred to the sole arbitration of a person to be appointed by the Chairman/Member of the Licensor. The award of the arbitrator so appointed shall be final and binding on the parties. The Arbitration & Conciliation Act 1996 shall be applicable. Once the arbitration clause has been invoked, the DRC process will cease to be operative. There will be no bar that the arbitrator appointed as aforesaid each or has been an employee of the Licensor and the award of the Arbitrator will not be challenged or to be open to question in any court of law, on this account. The case shall be referred to the Sole Arbitrator by the chairman/Member of the Licensor subject to the condition that the licensee shall have to deposit the disputed amount with the Licensor as condition precedent before making reference to the Arbitration for adjudication of dispute.
35. EXIT CLAUSE:
a. Normal Termination: - The contract will deem to be terminated on the last date as given in the agreement provided by the extension or renewal is approved by the Competent Authority on or before the last date and communicated to the party in writing and duly accepted. The liability of the party will continue to be payable along with the delayed interest (at the rate mentioned in the contract) till the same is settled. The Licensee cannot claim the dues to be time barred or ultra vires even if after the contract is deemed to have terminated by operation of this clause.
b. Termination For Clause: - If the party or the Licensor has invoked the internal dispute resolution cause (as per which the dispute referred to the DRC is to be completed within a period of 45 days) and same remains unresolved after the specified time period, it will be deemed that the notice period for the termination has commenced from the next date within which the dispute should have been resolved. No extra notice needs to be served by both parties and the contract will terminate after the expiry of the notice period. If such termination happens to fall within 50% of the contract period then the party is liable to pay the Licensor the value of license fee equal to the amount of current license fee for the six months as demurrage charges. The agreement should also provide for invocation of arbitration clauses only after the internal dispute mechanism has been
27
exhausted. However, the notice for termination will deem to have commenced irrespective of the arbitration proceedings.
c. Termination for Convenience: - Either party, the Licensor on one part and the Licensee on the other part can serve the notice for termination by giving the requisite notice period. The notice by the Licensor to be served only after obtaining the approval of the acceptance authority. Similarly, the notice given by the party shall be approved by the acceptance authority. However, the date on which notice was received at the Licensor will be the commencement of the notice period and the administration time required for the approval will not be added. If the party has served the notice, then the party is liable to pay demurrage charges. The demurrage charges will be equal to the amount of six months current license fee if the termination occurs before the 50% period of the original contract. The period of 6 months will be reduced to 4 months if the contract period served exceeds the 50% period but is less than 75%. If the period served exceeds 75% and the period remaining is more than the required notice period for normal termination the demurrage will be equivalent to 3 months license fee.
d. Termination for Regulatory/Legislative or Supervisory requirement: - If any provision of law or legislation of India makes it mandatory to stop/prohibits the continuation of any contract at any particular location or otherwise then it will be deemed to be closed from the date of such enactment. No compensation is payable by the Licensor.
e. Exponential Penalty on licensees @ double the license fee per month in the form of damage charges can be imposed on licensees unauthorized occupying the premises after expiry of contract period.
36. In case any dispute where legal action is compelled to be initiated by any of the parties, jurisdiction of the court shall be the city/town/district where the Museum is located.
37. Rules related to PBG: -
a. The validity of Bank Guarantee should be for the contract period plus three months.
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b. Bank Guarantee shall from nationalized banks and Scheduled Banks as per RBI guidelines. However, no bank guarantee from any Co-operative bank will be acceptable.
c. The authorized person signing the contract agreement should obtain a written confirmation from the Issuing bank.
d. The Original Bank Guarantee will be maintained by the agreement signing authority of the Licensor along with the original contract papers.
e. In normal circumstances the original BG is to be sent by the bank directly to the Licensor with a covering letter. In case of any emergency if the BG is brought by the Licensee by hand then it should be mandatory for the Licensee to ensure that the bank sends the unsigned copy/ attested photocopy of the BG by post directly to the Licensor.
38. Extension of License:- The License may be extended by the Licensor after taking approval from the Competent Authority for a maximum period of six months on same terms and conditions on a negotiated License fee not less than the one arrived at after 10% escalation to the last license fee paid.
39. Rebate Clause: No rebate on any ground is permissible in the license Fee.
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Section 10: Annexures 10.1 Covering Letter for Tender Document
(SHALL BE SUBMITTED WITH TECHNICAL BID) On company Letterhead To, Nehru Memorial Museum & Library (NMML), Museum on Prime Ministers of India, TEEN MURTI HOUSE, New Delhi, Delhi 110011, Subject: TENDER DOCUMENT FOR Setup & Operating a Souvenir Shop on Leave and License Basis in “Museum on Prime Ministers of India”, Teen Murti, New Delhi
Sir, I/We hereby apply for the tender of Setup & Operating a Souvenir Shop on Leave and License Basis in “Museum on Prime Ministers of India”, Teen Murti, New Delhi
Enclosed please find the following documents:
1. Unconditional acceptance of the Tender Document as per Annexure 10.2.
2. Documents as per Section 5 of Tender Document.
Yours sincerely,
Signature of the authorized signatory Name, Designation, Address and Seal
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10.2 Acceptance Letter
(SHALL BE SUBMITTED WITH TECHNICAL BID) On company Letterhead To Nehru Memorial Museum & Library (NMML), Museum on Prime Ministers of India, TEEN MURTI HOUSE, New Delhi, Delhi 110011 Subject: - Acceptance of Tender and Conditions.
Sir,
1. The Tender documents for
2. I/We have been provided to me/us by MNNL and I/we hereby certify that I/we have inspected the sites and read the entire terms and conditions of the Tender Documents made available to me/us, which shall form part of the contract agreement and I/we shall abide by the conditions/clauses contained therein.
3. I/we hereby unconditionally accept the tender conditions of NMML’s tender documents in its entirety for the above facility.
4. The contents of Section 9 of Notice Inviting Tender of the Tender Documents have been noted wherein it is clarified that NMML reserves the right to reject the conditional tenders without assigning any reason thereto and the Licensee has no right in the New Domestic Terminal Building.
5. I/we declare that I/we have not paid and will not pay any bribe to any Officer of NMML for awarding this contract at any stage during its execution or at the time o payment of bills and further if any Officer of NMML asks for bribe/gratification, I/we will immediately report to the Licensor.
6. he required Earnest Money for this facility is enclosed herewith.
Yours faithfully, Dated:
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(Signature of the Tenderer)
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10.3 Experience of having and successfully completing licenses of Similar Work Date: XX/XX/XXXX To, Nehru Memorial Museum & Library (NMML), Museum on Prime Ministers of India, TEEN MURTI HOUSE, New Delhi, Delhi 110011 Subject: Experience of having and successfully completing licenses of Similar Work mentioning their details
Dear Sir, This is to certify that I/We have operated and successfully completed the mentioned licenses. The License Agreement of all the following is attached for your ready reference.
S.No.
Ref No.
Name of the Work
Location
Name of the Licensor
Brief Description of the premise
Value of Monthly License Fees INR exclusive GST
Start date
End date
Sincerely Yours, (Signature of Authorized Signatory) Name: Title:
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10.4 Self-Declaration on not being blacklisted On company Letterhead Date: XX/XX/XXXX To, Nehru Memorial Museum & Library (NMML), Museum on Prime Ministers of India, TEEN MURTI HOUSE, New Delhi, Delhi 110011 Subject: Declaration on not being blacklisted by any State/Central Government department, agency, corporation, urban local body, or Quasi Government agencies of PSU Dear Sir, I/We hereby declare that as of date, (Name of the firm/company) is not blacklisted by any state/central /Local Government or quasi-government entity, department, agency, corporation, body, or PSU in India for breach of any applicable law or violation of regulatory prescriptions or breach of Agreement/Contract. Sincerely Yours, (Signature of Authorized Signatory) Name: Title:
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10.5 Self-Declaration On company Letterhead Date: XX/XX/XXXX To, Nehru Memorial Museum & Library (NMML), Museum on Prime Ministers of India, TEEN MURTI HOUSE, New Delhi, Delhi 110011 Subject: Declaration on neither failed to perform on any agreement, as evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award against the Applicant, nor been expelled from any project or agreement or have had any agreement terminated for breach. Dear Sir, I/We hereby declare that as of date, (Name of the firm/company) is neither failed to perform on any agreement, as evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award against the Applicant, nor been expelled from any project or agreement or have had any agreement terminated for breach. Sincerely Yours, (Signature of Authorized Signatory) Name: Title:
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10.6 Financial Bid
Setup & Operating a Souvenir Shop on Leave and License Basis in “Museum on Prime Ministers of India”, Teen Murti, New Delhi
1. Period of license : 05 (five) years.
2. Name and Address of the : ____
3. Status of the Tenderer : ____ (Proprietorship/Partnership/
Limited Company)
4. Name of the Proprietor, : ____ (Partners, Managing Director, as the case may be)
5. Offer of the License fee per : OFFER OF LICENSE FEE TO BE QUOTED AND FILLED IN e-PORTAL ONLY.
Note : Beyond one year period of license fee shall be compounded by 10% every year. In addition to the monthly license fee, I/We shall pay monthly charges of consumption of electricity and water as per conditions mentioned in Annexure 10.7. I/We have carefully read and understood the terms and conditions of the license as contained in this E-Tender accepting the same.
Sincerely Yours, (Signature of Authorized Signatory) Name: Title:
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10.7 License Agreement This Agreement made this ………….. day of ……… month ……… year, between the Nehru Memorial Museum & Library, New Delhi, a body corporate constituted by the Central Government under the Coop Act (Act 55 of 1994) and its office Nehru Memorial Museum & Library, Teen Murti House, New Delhi, Delhi 110011 represented by Director, Nehru Memorial Museum & Library (NMML), hereinafter called the “Licensor“ (which term shall unless excluded by or is repugnant to the context, be deemed to include its Chairman, or Member, Executive Directors, Director, Officers or any of them specified by the Chairman in this behalf and shall also include its successors and assigns) of the one part, and in this behalf and ………………. represented by ……………………… of the other part, hereinafter called the “Licensee” (which term shall unless excluded by or is repugnant to the context be deemed to include its heirs, representative, successors and assign of the Licensee.) WHEREAS the Authority is entitled in ‘Law’ to grant license at its NMML, New Delhi for the purpose of ………………. so as to provide amenities and facilities to the visitors at the Prime Minister Museum of India and is in possession of space, more fully described in the schedule hereunder and in the plan annexed to this agreement, hereinafter referred to as the premises. WHEREAS the Licensee is desirous to render the services to the Authority on the terms & conditions mentioned hereunder: AND WHEREAS the Authority is agreeable to grant the Licence. NOW, THEREFORE, this indenture witnesseth:
1. That this license for the said facility shall be valid for the period of five years from……………….. to unless terminated on account of following:
a. By giving 120 days notice in writing from the Licensor without assigning any reasons.
b. Terminated by the Licensor on a short notice in writing on account of unsatisfactory performance.
c. Termination on expiry of the specified time period allotted for unresolved internal dispute resolution.
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That in consideration, Licensee shall pay the Authority every month in advance by way of license fee on or before 10th day of English Calendar month as under:
YEAR AMOUNT OF MONTHLY LICENSE FEE
1st Year 2nd Year 3rd Year 4th Year 5th Year
2. In addition to the above license fee, Licensee shall pay all chargers towards consumption of electricity and water as may be due as determined by the Authority and the rate(s) fixed by it from time to time. Such charges shall be paid within the date(s) specified in the bill(s). The Licensee shall have to provide his own meter(s) for the purpose, failing which licensee shall be billed on assessed consumption. In default of payment of said charges, the Authority may without prejudice to its other rights disconnect or cause to be disconnected the water and electricity to the said premises without any notice and the Licensee shall not be entitled to any compensation whatsoever on account of any such disconnection.
That the licensee shall pay all rates, assessment, out-going and other taxes is levied on the Licensee in ‘Laws’. That the Licensee shall make payment of License fee etc. by cheque/demand drafts drawn on local banks. No outstation cheques shall be accepted in payment of license fee, etc. That in the event of failure to pay the license fee and other charges by due dates, the authority may without prejudice to other rights and remedies be entitled to charge penal interest @ 12% per annum be payable on all delayed payments for the first month and thereafter @18% per annum for maximum of two months thereafter. During this period, the licensee shall be issued notice for clearance of outstanding dues. If the licensee fails to clear the dues within the said period of 02 (two) months, the contract shall be terminated and the dues along with the penal interest shall be adjusted from the Security Deposit, without grant of any extension whatsoever.
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3. That the Licensee shall deposit a sum of Rs…… (Rupees ) i.e. an amount equal to 06 (six) months license fee as security deposit in the form of Bank Guarantee from a nationalized/scheduled bank not being a co- operative or gramin bank in favor of the Licensor. In the event of the Licensee committing any breach of the terms and conditions of the license agreement, the Authority may without prejudice to other rights and remedies are entitled to forfeit/adjust the total amount of Security Deposit or any part thereof. In such an event he shall pay in the same manner as stated above such additional sum immediately as he may be called upon by the Authority to pay so that the Security Deposit shall at all times during the continuance of these presents, be for the same amount. On the expiration or earlier determination of the License, the Licensor shall return the Security deposit or part thereof which has not been forfeited as aforesaid to him, without interest.
4. That the Licensee shall deposit in Demand Draft Rs 50,000/- (Rupees Fifty Thousand) as Security Deposit towards Electricity and Water charges.
5. That the Licensee shall equip himself with all necessary permits, licenses and such other permissions as may be required under the law in force at any time with regard to the operation of the subject license.
6. That the Licensee shall maintain such regular and proper account books along with other supporting documents regarding sales effected by the Licensee in the said premises and said accounts/documents shall at all the times be kept open for inspection by Authority in such manner as may be prescribed. The Licensee shall provide to the Authority, if so required by the Authority, statements of audited accounts in such manner and within such period as the Authority may prescribe. Licensee shall be liable to share invoicing details live with the Licensor.
7. That the Licensee shall have no right to object as and when the Licensor decides to grant additional license for similar facility at the Licensor premises where the licensee is rendering such services.
8. That the Licensor shall provide bare space for the subject services and other expenses of any kind for establishment and rendering of the services shall be incurred by the Licensee. However, provisions of electricity, water, and drainage connections, as the case maybe, if
39
so required, for the smooth operation of the services shall be provided by the Licensor.
9. All the times during the currency of the license agreement, it shall be the responsibility of the licensee to obtain proper fire insurance coverage including theft and burglary in respect of all the movable and immovable assets stored or used in the licensed premises and the Licensor shall not be responsible for any loss or damage caused to the Licensee on any accounts whatsoever.
10. That the Licensee shall operate the subject facility by charging the rate from users, as may be approved in advance by the Licensor. Licensee shall exhibit the said approved charges at a conspicuous place inside the licensed premises.
11. That the Licensor reserves to itself the right to change the location of the premises at any time and may at its discretion, call upon the Licensee to vacate the site & may give him an alternative premise for the purpose of this license. In such a case, the licensee shall be bound to vacate the premises immediately & accept the said alternate premises. The entire expenditure on such shifting shall be borne by him & the licensee shall not be entitled to claim any compensation or revision in the license fee on that score.
12. That the Licensee shall use the premises for the bonafide purpose as provided in the agreement, more particularly described in the enclosed scheduled, for the use of all passengers and bonafide visitors to the museums & officers of the Authority & the staff of the Licensor using the Museum & for no other purpose.
13. The Licensee shall not erect or display any advertisement or sign boards except after obtaining the prior approval in writing of the Authority.
14. That the Licensee shall not terminate the license before the expiry of the period of the license except by giving 120 days notice in writing, otherwise the Licensee shall be liable to pay to the Licensor (without any demur or question) such amount of money as the Licensor may decide as due to it by the licensee. The license can be terminated by the Licensor by giving 30 days notice in writing without assigning any reasons thereto.
15. In the event of any default, failure, negligence or breach, in the opinion of the Authority on the part of the licensee in complying with all or any of the condition of the license agreement, the Authority will
40
be entitled and be at liberty to determine the license forthwith and resume possession of the premises without payment of any compensation or damages and also forfeit in full or in part the amount deposited by the licensee for due performance of agreement.
16. SIGNED BY SHRI………………………………………NMML DIRECTOR, FOR AND ON BEHALF OF THE the Licensor.
For NEHRU MEMORIAL MUSEUM & LIBRARY Mr.( Name of Person) Designation For ……………. Mr.( Name of Person) Designation Witnesses: 1. 2.
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10.8 Form of Bank Guarantee
(To be executed on Non-judicial Stamp Paper of Rs. 100/- by the successful bidder)
Whereas by a Licensee Agreement dated ………… made between Nehru Memorial Museum Library, New Delhi,(hereinafter called “Licensor”) of the one part and ………… (herein referred to as “the Licensee”) of the other part, the Licensor has granted to the Licensee the license for operating the souvenir shop and the License Fee and other charges and for the due and performance of the covenants and conditions as stated or contained in the said License Agreement.
1. Now therefore in consideration of the promises aforesaid and at the request of the licensee we, do, hereby irrevocably and unconditionally undertake to pay to you, the Authority on demand and without demur or protest and without reference to the Licensee, any sums of money at any time or from time to time demanded by the Authority on account of the License Fee and Royalty and other charges due from the Licensee (inclusive of any costs or expenses and interest) and or by way of losses and damages caused or that would be caused to the Authority by reason of any reason of any breach by the Licensee of any of the terms or conditions of the said License Agreement: PROVIDED that our liability under this guarantee shall be limited to a sum of Rs. ………… ( Rupees ………… ) (for an amount due for payment during the last year of the contract after application of usual 10% compound escalation) and extended for the amount increased from time to time as aforesaid.
2. Notwithstanding any right the Licensee may have against the Authority or any dispute raised by the Licensee or any suit or proceedings pending in any court or before any Arbitrator(s), your written demand stating that the amount is due to the Authority as stated herein above shall be conclusive evidence to us that the amount demanded by you, the Authority is payable under the terms of the said License Agreement without or consent and knowledge.
3. We shall not be discharged or released from the aforesaid undertaking and guarantee by any variation(s) or any of the terms & conditions of the said license agreement made between the Authority and the Licensee and or any indulgence to the Licensee by the Authority or any forbearance whether as to payment, time performance or otherwise or to enforce any of the terms and
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conditions of the said License Agreement without our consent and knowledge.
4. This guarantee shall be a continuing guarantee and binding on us and our successors and assigns and shall not be discharged or affected by any change in the constitution of or that of the Licensee of the Authority.
5. We further confirm that the Guarantee has been issued with due observance and compliance of the appropriate Exchange Control Laws and Foreign Exchange Regulations as in force in India.
6. This guarantee shall be valid and you have the right to encash this guarantee up to and from the said date.
NOTWITHSTANDING anything contained herein:
1. Our liability under this guarantee shall be limited to a sum of Rs. ………… (Rupees …………) (for an amount due for payment during the last year of the contract after application of usual 10% compound escalation) during the currency of the licenses up to 5 years.
2. This bank guarantee shall be valid up to …………
3. We are liable to pay the guarantee amount or any part thereof under this bank guarantee only and if you serve upon us a written claim or demand on or before ………….
FOR BANK NAME Dated: Place: Witness:
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10.9 CV’s of Key Personnel
FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED KEY STAFF
1. Proposed Position
2. Name of Staff
3. Date of Birth
4. Nationality
5. Educational Qualification
S.No. Qualification Year
Board/Institution
1
2
3
...
6. Employment Record:
S.No. From To Company Name
Designation
1
2
3
...
6(i). Total Experience
6(ii). Permanent Employment with the Firm (Yes/No)
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6(ii)(a)If yes, how many years
6(ii)(b)If no, what is the employment
7. Relevant Experience:
S.No. Project Name Role
1
2
3
...
Certification: I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes my qualifications, my experience, and myself. I understand that any willful mis- statement described herein may lead to my or firm disqualification/ dismissal, if engaged. Date:
[Signature of staff member or authorized representative of the staff]
Place:
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