Regd. & Corporate Office, ITI Bhavan

[A Government of India Undertaking] Regd. & Corporate Office, ITI Bhavan, Doorvaninagar, Bangalore 560 016 CIN: L32202KA1950GoI000640.

TENDER For Renting of the VACANT SPACE in B-area of ITI Complex, Bangalore for setting up of Company’s retail Petroleum/Gas outlet

Tender forms can be collected from Additional General Manager [CS], Bangalore Plant, ITI Limited, ITI, Doorvaninagar, Bangalore-560016. Between 10-01-2018 to 31-01-2018 from 10:00AM to 3:00 PM on all working days on payment of Rs. 1000.00 [Rupees One Thousand only]- in cash or by way of Demand Draft/Pay order drawn in favour of “ITI Limited, Bangalore”

Tender forms can also be downloaded from our web site: www.itiltd-india.com However, the cost of tender documents shall be paid at the time of submission of the tender.

For details refer our web site www.itiltd-india.com

Issued by: ITI LIMITED

The Additional General Manager –[CS] Bangalore Plant. ITI LIMITED Doorvaninagar, Bangalore-560 016]

Please Note: Corrigendum, if any, will be hosted on website only, before the last date of submission. Hence bidders are requested to visit the website regularly. For eligibility criteria and other details please log on to www.itiltd-india.com

Sl No DESCRIPTION INFORMATION

Signature of the Bidder Page 1 of 39 Reference No. of tender document 1 ITI/BNG/AGM-CS/17-18/02-

Between 10-01-2018.To 31-01-2018 (up to 14.30hrs.) 2 Date of issue/sale of tender document The Additional General Manager –[CS], Bangalore Plant, Doorvaninagar, Bangalore 560 016]

3 Last date & time for submission of bids Date :2-02-2018 Up to 14.00. Hrs.

Date 02-02-2018 at 14.30 Hrs. Date & time of opening of Technical 4 Venue:office of the Additional General Manager-CS,ITI Bids Bangalore Plant, Bangalore.

5 Opening of Financial Bids Same Day (i.e., 2-02-2018)

On payment of Rs.1000.00/[Rupees one thousand 6 Cost of tender document only] in cash or by way of Demand Draft/Pay order drawn in favour of “ITI Limited, Bangalore”

Rs.1,00,000.00[-One lakh only] through demand draft/ Earnest Money Deposit Banker’s cheque drawn in favor of “ITI Ltd” payable at 8 (EMD) in the form of Bangalore on any scheduled Commercial bank to be Demand draft/ Bankers Cheque. enclosed with the Technical Bid.

To be paid by the successful bidder within 15 days of Initial Security Deposit @10 MONTHS 9 issue of LOI.[After adjusting EMD] rent

Rent free period is NIL and Escalation is 5% every 10 Rent free Period/Escalation year.

Contact Person for queries (between Suresh. B.R 9880715269. 11 10AM to 15.30hrs on working days R.M.Prabhu 9449404789 only) Deshmukh 9538570540

ITI Limited, Bangalore Plant, Doorvaninagar, 12 Address for Bid Submission Bangalore 560 016.

The bids submitted shall remain valid for a period of 13 Validity 120days from the date of opening the technical bid.

To, …………………………………… ……………………………………

Signature of the Bidder Page 2 of 39 Dear Sir(s),

Sealed Offers are invited from Government Oil Companies. The tenders are invited in TWO BIDs, consisting of Technical Bid (Part-A) and Price/ Commercial Bid (Part-B).

1. The Technical Bid (Part-A) shall contain the following details a) Bidder’s Profile b) Acceptance of all the terms & conditions indicated in our tender, including execution of registered lease deed. c) Earnest Money Deposit (EMD) d) The cost of tender document of Rs.1000/- (Nonrefundable) shall be

Payable in cash or by ITI/Pay Order. For those bidders who downloaded the tender documents from our website, the same is payable at the time of submission of the tender/bid.

2. The Price/Commercial Bid (Part-B), shall contain the specific rate of rent [excluding Taxes / GST as applicable and payable extra] per month.

The offers along with the tender document with terms & conditions duly signed and super scribed with “Renting theVACANT SPACE in B-area of ITI Complex at Bangalore for setting up of Company’s retail Petroleum/Gas outlet” on rent and Tender Ref: ITI/Bng/_AGM-CS/17-18/02 dated 03-01-2018 and addressed to the Additional General Manager-CS[Bangalore Plant] shall be submitted on or before 14.00 Hrs (2.00 PM) on 02-02-2018 in sealed covers only, separately for Technical Bid and Price/Commercial Bid. The price bids shall be submitted separately as per the format enclosed at Annexure 05. The offers received after the due date and time will not be entertained. Offers sent by fax/e- mail will be rejected.

The schedule of events is as under 1. Issue of Tender Documents from : 10-01-2018 2. Last date of issue of Tender Document : 31-01-2018 3. Last date of receipt of bids : 02-02-2018 (2.00 PM) 4. Opening of the Technical &Commercial Bid : 02-02-2018 (2.30 PM) 5. Tender opening venue, Office of the Additional General Manager-CS, Bangalore Plant, ITI Ltd, Doorvaninagar, Bangalore – 560 016

Thanking you, Yours faithfully

Additional General Manager – CS Encl: as above.

Signature of the Bidder Page 3 of 39 TABLE OF CONTENTS

Para No Particulars Page No I INTRODUCTION 06 II USAGE 06 III ELIGIBILITY CRITERIA 06 LEASE TERM, LOCK IN VI PERIOD, ESCALATION AND 06 SECURITY DEPOSIT EARNEST MONEY DEPOSIT V 07 (EMD) VI SUBMISSION OF BIDS 08 LAST DATE & PLACE OF VII 08 SUBMISSION OF BIDS VIII LEASE RENT 09 IX TERMS OF RENT 09 X OPENING OF BIDS 10 BID DOCUMENT FOR XI 10 EVALUATION PROCESS DOCUMENTS FOR TECHNICAL A 10 BID DOCUMENTS FOR FINANCIAL B 11 BID XII DESCRIPTION OF PREMISES 11 XIII EVALUATION PROCEDURE 12 OVERVIEW OF EVALUATION A 12 PROCESS B LEASE DEED 12 C AWARD OF CONTRACT 13 TENURE OF LICENCE D 13 AGREEMENT PAYMENT TERMS AND E 14 CONDITIONS GENERAL TERMS AND XIV 15 CONDITIONS LICENSEE EVENTS OF XV DEFAULT AND TERMINATION 15 OF LICENSE CANCELLATION OF CONTRACT XVI 16 IN FULL OR PART XVII ELECTRIC POWER SUPPLY 16 XVIII FORCE MAJEURE 17 XIX INDEMNIFICATION 17

Signature of the Bidder Page 4 of 39 XX CONTRACT/LICENSE 18 APPLICABLE XXI 18 TERMS/CONDITIONS A LESSES OBLIGATIONS 18 INSOLVENCY OF THE XXII 19 CONTRACTOR XXIII SUBLETTING THE CONTRACT 19 ITI’s RIGHTS IN RESPECT OF XXIV CONTRACT / LICENSE 20 AGREEMENT XXV MISCELLANEOUS 20 AUTHORITY TO RECOVER THE XXVI COST IN CASE OF ANY 21 DEFAULT GOVERNING LAW AND XXVII 21 JURISDICTION XXVIII ESSENCE OF CONTRACT 21 XXIX INDEMNITY 21

ANNEXURES DETAILS OF THE 1 INFRASTRUCTURE ANNEXURE 23 : NO.1 GENERAL INFORMATION OF 2 24 THE BIDDER ANNEXURE : NO.2 3 BID FORM ANNEXURE : NO.3 25 FORMS FOR BID SUBMISSION 4 28 TECHNICAL ANNEXURE : NO.4 FINANCIAL BID ANNEXURE : 5 30 NO.5 CONSORTIUM AGREEMENT / MEMORANDUM OF 6 32 UNDERSTANDING ANNEXURE : NO.6 UNDERTAKING FOR 7 RESPONSIBILITY ANNEXURE. 35 NO:7 8 DRAWINGS ENCLOSED

Signature of the Bidder Page 5 of 39 ITI Ltd Registered & Corporate Office ITI Bhavan, Dooravaninagar Bangaluru-560016

I. INTRODUCTION:

 ITI Ltd is India’s first Public Sector Unit (PSU) - ITI Ltd was established in 1948. Ever since, as a pioneering venture in the field of telecommunications, it has contributed to 50% of the present national telecom network.

In addition to its non-operational revenue, ITI has decided to offer its Vacant space of nearly about 1600 Sq.Mtrs. [or 17210 Sq.ft] on rental basis which is situated at ITI Township in B-area, Bangalore.[Refer the drawing for location as in Enclosure-1.

 Based on fulfillment of eligibility criteria as laid down in this tender document, successful bidder will be selected through open tendering process for the exclusive renting the vacant space on rental basis.

 Information and document covering the purpose of the contract, details of space/area of building available etc. may be downloaded from the website www.itiltd-india.com

II] USAGE: [For establishing of Company’s operated retail petroleum/Gas outlet]

Signature of the Bidder Page 6 of 39 Bidder to use the vacant land for which the tender is floated.

A] The bidder/Lessee will not be permitted to use the said premises in such a way which is in the opinion of the Company may cause prejudice, nuisance, annoyance or inconvenience to ITI or for storing hazardous goods or for any purpose not permitted under the laws of land. B] The bidder/Lessee will not use or deal with the premises in a manner contrary to any condition imposed on the premises by the law, the Government or local authority and shall keep the Company indemnified against all actions, suits, and the other proceedings in consequence of such uses by the bidder/Lessee.

III] ELIGIBILITY CRITERIA: -

The Bidder shall be Indian Government[Central/State] Company/Public Sector Undertaking/ Department/Ministry.

IV] LEASE TERM, LOCK IN PERIOD, ESCALATION AND SECURITY DEPOSIT

 Lease deed will have a lease term of 4 years 11 months. Lesser and Lessee on mutual agreement may decide and extend the lease term for further period / terms on mutually agreed terms & conditions provided that at a time, renewal would be done for a period of 4 years and 11 months only.

 The lease term will commence and rent will be payable from the date of handing over of possession of the premises or execution of the lease agreement whichever is earlier and would be payable up to termination of agreement or handing over of the premises back to the Leaser whichever is later.

 Minimum Lock in period for the lease would be 36[3 years] months. An undertaking will be taken from the lessee that they will honour this commitment with a binding clause in the agreement.

 An escalation in rent at 05% [Five percent] per annum will be payable on completion of every 12 months.

 A refundable interest free deposit equivalent to 10[Ten] months rent shall be payable by the successful bidder to the Company within 10 days from the date of issuance of Letter of Intent. The security deposit shall be returned by the Company to the tenant / successful bidder without any interest on expiry of lease period and handing over the premises subject to the deductions/recoveries towards any dues payable by the successful bidder to the Company including rent, taxes, rectification of any damages to the premises causes solely due to act of omission and commission on the part of the successful bidder.

V] EARNEST MONEY DEPOSIT (EMD):

Signature of the Bidder Page 7 of 39 1. Bidders shall submit, along with their Bids, EMD of Rs.1,00,000.00 [Rs. One lakh only]. the form of a Demand Draft/ Bankers cheque on any Scheduled /Commercial Bank, in favour of “ITI Ltd” payable at Bangalore. EMD in any other form shall not be entertained. The EMD shall be denominated in Indian Rupees only. No interest will be payable to the Bidder on the amount of the EMD. Tenders without earnest money deposit or in any other form shall be summarily rejected.

2. The earnest money of the successful tenderer will be adjusted against the interest free security deposit. However, earnest money of successful tenderer who fails to honour the offer made to the Company as per tender submitted by him shall be forfeited.

3. The Earnest Money given by all the tenderers except the Highest tenderer will be refunded after finalization of the bid or within a week time from the date of opening of Commercials bid.

4. The EMD may be forfeited: If a Bidder withdraws his bid or decreases his quoted prices during the period of bid validity or its extended period if any OR If the successful bidder fails to submit the interest free security deposit/performance guarantee or sign the contract within specified time or found involved in any fraudulent or unethical practices.

5. If for any reason, whatsoever attributable to the Company, the lease deed cannot be entered into, the Company reserves liberty to annul tendering process and return bid security to the respective bidder/s. In such an event the Company shall not be liable for payment of any interest on the bid security amount to the bidders. Moreover, the bidder in such case shall not be entitled to any right or specific performance or any right or interest whatsoever in the premises or any part thereof.

6. No EMD exemption: No bidder is exempted from submitting the EMD for this tender.

VI] SUBMISSION OF BIDS :

Bidders are advised to visit the Vacant space earmarked and also verify the land records for the usage in the title from the office of ITI for renting which they are tendering before taking the Vacant space on lease for running on rent. It is presumed that the bidders have quoted with the full knowledge of the same and other obligations. No correspondence in this behalf will be entertained.

Signature of the Bidder Page 8 of 39 1. The bids shall be unconditional firm and valid for at least 120 calendar days from the last date of submission of the bid. [Note: Any tenderer withdrawing or amending his tender within this period shall have to forfeit his earnest money to ITI].

2. The bidders shall submit their bids in two sealed parts namely, “Technical bid” and “Price bid”, marked as such along with the bidder’s name, strictly in the format given in this document. The hardcopy of the technical proposal should be in a single sealed envelope, clearly marked as “Technical Proposal from Bidder Name”. The hardcopy of the financial proposal should be in a separate sealed envelope, clearly marked as “Financial Proposal from Bidder Name”.

3. Both the above envelopes should be submitted in a separate sealed envelope clearly marked as "Tender for the Renting the Vacant space in B-area of ITI Complex and also at Bangalore for setting up of Company’s retail Petroleum/Gas outlet”. The bidder must give its name and address on the envelope.

4. Each page of the Bid document shall be serially numbered and also total number of pages shall be indicated on each page. E.g. 1/8, 2/8, 3/8. etc.

5. All pages of the Bid documents along with supporting documents shall be signed by the authorized person.

6. Any proposal received by ITI after the last date and time of submission of bids shall be rejected.

7. The bids submitted by telex/telegram/ fax/e-mail etc. shall not be considered. No correspondence will be entertained on this matter. ITI shall not be responsible for any postal delay or non-receipt/ non-delivery of the documents. No further correspondence on the subject shall be entertained. Only complete bid document, received on application due date prior to schedule time shall be taken as valid. Applications received without due bid security amount and tender cost shall be summarily rejected.

8. For interpretation of any clause of this tender, the decision of ITI would be final and binding on the bidder.

VII] LAST DATE & PLACE OF SUBMISSION OF BIDS:

1. Bids complete in all respects may be submitted to the AGM-CS, ITI Ltd, Doorvaninagar, Bangalore 560 016latest by last date of submission given in the table titled as “Important

Signature of the Bidder Page 9 of 39 Information” of this tender document. Bids received after due date & time shall not be considered. Bids submitted through post or through Courier Service must reach on or before the due date and time. Any transit delay will be at the risk of the bidder.

2. The completed bids shall be accepted only up to the date and time as specified. The bidders shall furnish the information strictly as per the formats given in the tender documents without any ambiguity. The ITI shall not be held responsible if the failure of any Bidder to provide the information in the prescribed formats results in a lack of clarity in the interpretation and consequent disqualification of its Bid. The Bidder has to submit the Cost of Bid Document and Bid Security (EMD) in Original on or before due date and time of submission of Bid, failing which Bid shall be summarily rejected.

VIII] LEASE RENT

The Lease Rent to be offered/quoted by the bidder should be the net rate of rent per month payable for the Vacant space to the Company. The rate of rent offered by the bidder shall exclude – (i) all utility charges to be borne by the LESSEE such as Electricity charges, BESCOM Demand Charges, water usage charges and related cess/charges, (ii)levies, cesses/charges levied by local revenue authority or other statutory authority, (iii) any interest/penalty which is accrued on the above as well as any other tax by whichever name called payable to any government or authority or body as also any additional taxes increase in taxes imposed by the government and (iv) GST and other central government taxes / levies as applicable. The bid shall be decided on the principle so as to derive the maximum overall net lease rent to ITI.

IX] TERMS OF RENT WILL INCLUDE:

a. The rent, GST/Taxes, cesses and other applicable charges for each month shall be payable in advance on or before 5th day of each month, for that month, against the bill raised on every 25th working day of the previous month by the Company.

b. All the applicable taxes including GST shall be paid by the bidder/Lessee as per the bills raised by the Company, at the rates applicable from time to time. Nothing contained herein will exempt or preclude the bidder/Lessee to avoid payment of GST, merely on the ground that bills were not raised or that bills were not raised in time.

c. TDS on Rent will be applicable as per applicable statute. The TDS certificate shall be issued to the Company every quarter, without fail and the bidder/Lessee shall ensure that the same is reflected in the Company’s Form 26AS. However, the Company may submit TDS exemption certificate u/s 197 and in such case, the bidder has to provide TDS exemption accordingly.

d. Rent, applicable taxes including GST and other charges will be payable from the date of handing over of the possession of the Premises/Vacant space or execution of the lease deed whichever is earlier and would be payable up to termination of the lease or handing over of the Premises back to the LESSOR (ITI) whichever is later.

e. If the monthly rent and applicable taxes including GST and any other amount payable (including interest) if not paid by the 5th day of same month in advance, the bidder/LESSEE shall be liable to pay interest thereon at 15% (quarterly compoundable interest) for the period of delay up to date of payment, without prejudice to the Company’s right to other remedies as per law including the right to terminate the lease. Default in payment of rent, GST/Taxes and other charges, for any three months in a calendar year, shall entitle the Company to terminate the lease and enter upon the Premises.

Signature of the Bidder Page 10 of 39 f. Lease rental figure/amount shall be quoted in the Commercial bid only and not in technical bid.

X] OPENING OF BIDS:

1. The technical bids of all tenderers shall be opened by the committee on the specified date in the presence of the authorized representatives of the tenderers who choose to be present. If such nominated date for opening of tender is subsequently declared as a Public Holiday by ITI, the next official working day shall be deemed as the date of opening of Technical Bids.

2. Technical bids of those tenderers who have not submitted tender security shall not be opened. Tender which is accompanied by an unacceptable or fraudulent tender Security shall be considered as non-compliant1` and rejected.

3. The Tender of any tenderer who has not complied with one or more of the foregoing instructions may not be considered. The details will be read out for the information of representative of tenderers, present at the time of opening of Tender. On opening of the Tender, it will be checked if they contain Technical & Financial Bids. Technical bids of the tenderers not containing financial bids shall not be opened.

4. The Tenderers representatives who will attend the bid opening shall sign the attendance sheet. [Letter of authorization shall be submitted by the bidders before they are allowed to participate in bid opening]. A maximum of two representatives for any bidder shall be permitted to attend the bid opening.

5. The sealed financial bids will be opened on a subsequent date after evaluation of technical bids. Financial bids of only those tenderers whose submissions are found substantially responsive and technically compliant will be opened. The time of opening of financial bids shall be informed separately to only the Tenderers who have qualified during Technical evaluation stages and bidder(s) can be present to witness opening of Financial Bids.

6. ITI shall open the bids on the due date of bid submission, at the place & time specified in this document and in the presence of the Bidders who choose to attend.

7. CLARIFICATION OF BIDS: To assist in the examination, evaluation and comparison of bids, ITI, may at its discretion ask any bidder for any clarification of its bid. The request for the clarification by ITI and the responses to be submitted by bidders shall be in writing or through

Signature of the Bidder Page 11 of 39 email. However, no unsolicited post bid clarification at the initiative of the bidder shall be entertained.

XI] BID DOCUMENTS FOR EVALUATION PROCESS:

A. Documents required for technical Bid:

1. Copy of incorporation/registration of company under Indian Companies Act and copy of the valid registration certificate issued by the competent authority.

2. PAN together with copy of trade license, registration of GST etc.

3. Copy of the duly audited balance sheet & profit & loss a/c. for the last three financial years.

4. Undertaking to be given on company’s/ firm’s letter head bearing company seal and duly signed by authorized representative,

Name, Address, telephone & fax no. of the contact person of the firm/company.

 Undertaking by bidder on their letter head bearing company seal for not Blacklisted or debarred by Govt./PSU from participating in tendering process.

 Demand Draft for Rs. 1,00,000.00 [One lakh] towards EMD in favour of “ITI Ltd” payable in Bangalore.

 Demand Draft/ Pay Order for Rs. 1000.00 [Rupees one thousand only] towards the cost of tender document in favour of ITI Ltd payable at Bangalore (applicable in case of downloaded tender document).

5. All communications/documents submitted with the bid including a copy of this tender and the bid documents duly signed on each page by the authorized representative of the bidder. 6. Power of Attorney to the person authorized for signing the bid for his tender [Note: The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and when it is so required the same should be under common seal affixed in accordance with the required procedure. It should be on non-judicial stamp at least duly

Signature of the Bidder Page 12 of 39 notarized with supported by copy of Board of Resolution passed for this purpose only in case of company.] 7. All relevant documents required as evidence of meeting technical evaluation criteria and other criteria mentioned anywhere in tender document.

8.The bidder is free to submit any additional information which may be relevant for evaluation of the tender.

i.B. Documents required for Financial bid:

ii. The financial bid should be furnished in the format at Annexure-05, clearly indicating the financial offer in both figures and words, in Indian Rupees. In the event of any difference between figures and words, the amount indicated in words shall be taken into account.

iii. The bidders shall be responsible for all of the costs associated with the preparation of their Bids and their participation in the Bidding Process. ITI shall not be responsible or in any way liable for such costs, regardless of the conduct or outcome of the Bidding Process.

XII] DESCRIPTION OF PREMISES

The description of the vacant space and available infrastructure: -Located in B-area Township measuring 1600sq.mtrs of vacant land [or 17210Sq.ft] [40 x40 mts] The area indicated is approximate. However, the actual area will be measured and handed over at time of occupation. Drawing is enclosed separately.

XIII] EVALUATION PROCEDURE:

Selection of the bidder(s) will be based on technical and financial evaluation of the bid. The evaluation will be in two stages i.e. technical and financial.

A. Overview of evaluation procedure: The evaluation of technical bids shall be undertaken by a committee of the officers duly constituted for this purpose. The technical evaluation would be based on the following:

1. The assessment of bidders meeting the eligibility criteria.

2. Financial bids of only those bidders will be opened whose bids have been technically found suitable.

3. ITI shall open financial Bids of all Tenderers who have submitted substantially responsive technical tenders, in the presence of tenderer’s representatives who choose to attend at the address, date and time informed / specified by ITI.

Signature of the Bidder Page 13 of 39 4. In case two or more bids are of the same rates in such cases, licensees will be asked to submit the sealed revised offer. The highest tender shall be decided on the basis of revised offer.

5. If the revised offer amount to two more contractors received in revised offer is again found to be equal, the highest bidder among such contractor shall be decided by draw of lots in the presence of bidders.

6. The evaluation and assessment for the selection of the Bidder(s) shall be based on the Monthly rent quoted by the Bidders. The Bidder, quoting the highest rent will be considered.

7. From the time the Proposals are opened to the time the Contract is awarded, the bidder should not contact ITI on any matter related to its Technical and/or Financial Proposal. Any effort by a bidder to influence ITI in the examination, evaluation, and recommendation for award of Contract may result in the rejection of its bid

8. Conditional tenders shall be out rightly rejected

9. For any query from Applicants, ITI reserves the right not to offer clarifications on any issue raised in a query or if it perceives that the clarifications can only be made at a later stage, it can do so at a later date. No extension of any deadline will be granted on that count or grounds that ITI have not responded to any query or not provided any clarification. Applicants may clearly note the date and time of submission of bid for this tender. No late or delayed Tender will be accepted. However, ITI may ask for any supplementary information, if deemed so after opening of bids.

9. Applicants are advised that the selection process will be entirely at the discretion of ITI.

B. LEASE DEED:

 The Lease Deed would be prepared by the Company which would be final and binding.

 Lease shall be executed within a period of maximum of four weeks from the date of notification of selection of the successful bidder/Lessee.

 The Company shall execute the Lease deed in favour of the prospective Lessee and simultaneously therewith handover the said premises. All the legal formalities shall be completed by the respective parties before the date of execution of lease deed.

C. AWARD OF CONTRACT:

1. After evaluation of bids, Letter of Intent (the “LOI”) shall be issued by ITI to the Selected Bidder and the Selected Bidder shall, within 15 (fifteen) days of the receipt of the LOI submit the Letter of Acceptance (LOA) in acknowledgement and unconditional acceptance thereof along with “Interest Free Security Deposit.

Signature of the Bidder Page 14 of 39 2. Initial Security Deposit of 10 months’ rent after adjusting EMD without consideration of Interest” to be paid within fifteen days of LOI [along with LOA]. In the event, the LOA duly signed by the Selected Bidder is not received by the stipulated date, ITI may, unless it consents to extension of time for submission thereof, forfeit the Bid Security of such Bidder as Damages on account of failure of the Selected Bidder to unconditionally accept the terms of LOI.

3. After submission of LOA along with “Interest free security deposit” and Vacant space shall be handed over to Licensee within 10 days from the date of receipt of payment and Letter of Award will be issued to the selected bidder on “as is where is basis” on the terms and conditions hereunder contained in this tender document.

4. The contract/License Agreement shall be executed before handing over of Vacant space. Payment of stamp duty on agreement, if any, to be executed in pursuance of this bid shall be borne by successful bidder. The contract period shall commence from the date of agreement or from the date of handing over of vacant Space whichever is earlier.

5. After issue of Letter of Award and handing over of Vacant space, where the licensee shall have exclusive rights over the Vacant space immediately after issue of Letter of Acceptance (LOA).

6. License/contract shall be in effect from the day of handing over of the premises/Space for the period of 4 years and 11 months.

7. Selected bidder shall perform the obligations and exercise the rights under the contract/License Agreement within the period prescribed in document. The Selected Bidder shall not be entitled to seek any deviation, modification or amendment in the contract/License Agreement.

8. The successful bidder agrees voluntarily and unequivocally not to seek any claim, damages, compensation or any other consideration whatsoever, on account of delay in approval by ITI nor engage in any form of correspondence in this regard.

9. Bidder should adhere to the laws of state and central and adhere to the BBMP/ELCITA and other statutory by laws.

D. TENURE OF LICENSE AGREEMENT:

Signature of the Bidder Page 15 of 39 The term of rental agreement would be initially for a period of 4 years and 11 months, renewable for further periods on mutually agreed terms & conditions provided that at a time renewal would be done for a period of 4 years and 11 months only.

1. License shall come in effect from the of date of agreement by the agency for a period of Four years and 11 months starting from the commencement date of agreement or handing over of the vacant space whichever is early.

2. ITI shall have the right to examine/review the license agreement to evaluate the performance of the licensee at the end of each year of the license. ITI reserves the right to cancel the license for the remaining period if the performance is found unsatisfactory and ITI may forfeit the interest free security deposit.

3. Partial surrender of contract/License agreement shall not be allowed.

E. PAYMENT TERMS AND CONDITIONS:

1. Contract/License shall come in effect from the date of handing over of space/execution of agreement and rent shall be charged from the date of commencement of agreement till the termination/ completion of agreement.

2. The lease rent to be offered/quoted by the bidder should be the net rate of rent per month payable for the premises to the Company. The rate of rent offered by the bidder shall exclude:

i. All utility charges to be borne by the LESSEE such as Electricity charges, BESCOM Demand Charges, water usage charges and related cess / charges if provided by ITI, otherwise, bidder has to make their own arrangements for the above at their cost. ii. Levies, cesses, charges levied by local revenue authority or other statutory authority. iii. Any interest /penalty which is accrued on the above as well as any other tax by whichever name called payable to any government or authority or body as also any additional/increase taxes imposed by the ‘Government. iv. Applicable GST/Taxes and other central government levies. The bid shall be decided on the principle so as to derive the maximum overall net lease rent to ITI. v. The rent, along with applicable GST/, cesses and other applicable charges for each month shall be payable in advance on or before 5th day of each month, for that month, against the bill raised on every 25th working day of the previous month by the Company.

Signature of the Bidder Page 16 of 39 3. The Tenant/bidder voluntarily and unequivocally agrees to make all payments due, on the due date irrespective of whether the bills have been raised or not by ITI. In case payment is not made by due date, a 15 days’ notice to cure the Licensees Event of Default shall be issued. In the event of Tenant/bidder failing to cure the Default, ITI shall be entitled to terminate the License with 30 days’ notice and shall be free to forfeit Interest Free Security Deposit/Performance Guarantee and take such other action available to it under this Agreement and as per Law.

4. For delayed payments of rent by the Tenant/bidder, interest at the rate of 2% per month will be charged.

The following documents shall be part of the agreement to be entered into with the successful bidder.

a) Notice inviting tender

b) General instruction to the tenders

c) Technical bid

d) Financial bid

e) Proceedings of the pre bid meeting

f) Advertisement

XIV]. GENERAL TERMS AND CONDITIONS:

TAXES AND OTHER STATUTORY DUES:

1. GST or other taxes as applicable from time to time shall be payable by the successful bidder on the rent payable.

2. Payment of stamp duty for execution of License Agreement, Registration Charges and any other related Legal Documentation charges/incidental charges in pursuance of this tender will be borne by Licensee.

3. All Taxes & Municipal taxes, sharing of revenue with local body, if any applicable, on account of the utilization of vacant land shall be borne solely by the licensee.

XV]. LICENSEE EVENTS OF DEFAULT AND TERMINATION OF LICENSE:

Following shall be considered Material Breach of the Contract by Licensee resulting in Licensee’s Events of Default: -

Signature of the Bidder Page 17 of 39 1. If the successful bidder fails to pay Security Deposit or other amounts due to ITI. Even non- payment of one month rent will be considered an Event of Default.

2. If the bidder is found guilty of persistently breaching “Factors Governing State and Central”. as per BBMP as per state government and BBMP Policy.

3. The use of ITI name, logo or title without prior written permission is strictly prohibited. No co- branding with the Licensor is allowed, without prior permission.

4. If at any time during the subsistence of the contract/License Agreement, there is nonconformity to the contract/License Agreement or any time during the contract/License Agreement, the Licensee indicates its unwillingness to abide by any clause of this contract/License Agreement or repudiates the Agreement.

5. If the bidder is in persistent non-compliance of the written instructions of a ITI officials.

6. If bidder is in violation of any of the other Clauses of this tender or license agreement and after written notice from ITI fails to cure the Default to the satisfaction of ITI.

7. If the bidder or any of its representatives cause an incident or accident that results in injury or death of anybody or loss to ITI property.

If any of the above Material Breach and Licensee Events of Default happens, then:-ITI, after giving due notice to the bidder to Cure the Default, shall be entitled to terminate the License Agreement. For the avoidance of Doubt, it is clarified that the Cure Period available to the bidder shall be as decided by ITI. In all other cases of Licensee’s Event of Default where specific notice period is not provided, ITI shall issue a Notice to bidder to cure the Default within 15 days. If the Licensee fails to cure the Default within 15 days, ITI after giving a final 15 days’ notice shall be entitled to terminate the License Agreement.

a. Partial surrender of contract/License agreement shall not be allowed to the Licensee.

b. The bidder shall have option to exit from the License Agreement only after a lock in period of THREE [03] years from the date of commencement of agreement. Licensee shall have to issue three months’ prior notice to ITI before completion of THREE [03] years lock in period. In this case, interest free security Deposit of the bidder shall be refunded after adjusting the dues, if any, to be payable by the bidder.

c. If the bidder is desirous of surrendering the license agreement before the expiry of three years (Lock-in period) or without giving three-month prior notice to ITI before successful completion of three-year lock in period, the agreement shall deemed be terminated on the date

Signature of the Bidder Page 18 of 39 of receipt of termination / surrender notice in ITI and interest fee Security Deposit/ Performance Security shall stand forfeited in favour of ITI, besides recovering other dues including License fee. Balance outstanding dues, if remained after adjustment of outstanding dues from the advance license fee and interest free Security Deposit / Performance Security, shall be recoverable from the bidder. However, no amount of Security Deposit/Performance security shall be refunded. The unused license fee for that particular notice period, if any shall also not be refunded.

XVI] CANCELLATION OF CONTRACT IN FULL OR PART:

If ITI cancels / terminates the contract in full or in part on account of:

i. Force Majeure

ii. Any other cause, which in the absolute discretion of the authority mentioned in contract, is beyond control of the ITI.

In the event of any one or more of the above courses being adopted by the ITI, the licensee, shall have no claim for any compensation or any losses sustained by him by reason of his having purchased or procured any material or entered into any agreements or made any advances on account of or with a view to the execution of the work for the performance of the licensee.

ITI reserve the rights to terminate the contract/License Agreement by giving one-month advance notice in such exigency. The contract/License agreement will stand terminated and the Interest Free Security Deposit/ Performance Guarantee will be refunded after adjusting outstanding dues, if any. The Licensee voluntarily agrees not to seek any claim, compensation, damages or any other consideration whatsoever on any ground in this regard. The Licensee shall remove all the media, etc. from ITI premises within 30 days of issue of termination letter, failing which ITI shall be free to use/dispose-off these media, fixtures etc. in whatever manner as deemed fit and Licensee shall have no claim, compensation or consideration on any account on these media, fixtures etc. In the event of the licensee failing to pay ITI the license fees or any other charges which the licensee may be required to pay, ITI will have the right to terminate the contract/license agreement after giving a Show Cause Notice of 30 days and discontinue/ confiscate the property by the licensee and without prejudice to any of its rights shall also forfeit the agency’s security deposit.

XVII] ELECTRIC POWER & WATER SUPPLY: LESSEE /Bidder shall make his own arrangements for Power/Water and Electric supply.

1. The Tenant/ bidder shall bear the amount of all the bills/costs for the Electricity/Water supply that may be consumed due to its operation, if power/Water supply provided by the Company.

XVIII] FORCE MAJEURE:

Neither ITI nor the Licensee shall be liable for any inability to fulfill their commitments and obligations hereunder occasioned in whole or in part by Force Majeure. Any of the following events resulting in material adverse effect, shall constitute force majeure events:

Signature of the Bidder Page 19 of 39 Earthquake, Flood, Inundation, Landslide Storm, Tempest, Hurricane, Cyclone, Lighting, Thunder or other extreme atmospheric disturbances. Fire caused by reasons not attributable to the Licensee, Acts of terrorism, War, hostilities (Whether war be declared or not), invasion, act of foreign enemy, rebellion, riots, weapon conflict or military action or civil war. Strikes or boycotts, other than those involving the Licensee, its contractors, or their employees, agents etc., and the License fee for the portion affected due to Force Majeure shall be exempted for the affected period on pro rata basis if the period of Force Majeure persists for more than 7 days. Such Force Majeure occurrence shall be notified to the other party within 15 days of such occurrence. If such Force Majeure continues for a period of three months, the party notifying the Force Majeure condition may be entitled to, though not being obliged, to terminate this agreement by giving a notice of one week to the other party and interest free Performance Guarantee & Security Deposits shall be refunded by ITI to the Licensee after adjusting outstanding dues, if any.

XIX] INDEMNIFICATION :

1. All other statutory taxes, statutory dues, local levies, as applicable shall be remitted to the Government by the licensee in addition to the remittance of quoted License Fee to the ITI. The successful bidder shall indemnify ITI from any claims that may arise from the statutory authorities in connection with this License Agreement.

2. The successful bidder shall be solely responsible to pay all the statutory payments/dues, taxes and duties, royalties, revenue etc. to BBMP. Any statutory bodies and ITI shall not in any manner, be responsible for payment of such dues. The successful bidder shall also indemnify ITI against payment of all such dues to statutory bodies and imposition of any penalty due to non-payment of any such dues or any other account whatsoever.

3. Any damages/liability will be borne solely and wholly by the agency. The successful bidder shall indemnify and keep indemnified ITI against any loss / damage to any person/ property from any legal suit/claim filed on this account by any third party. The successful bidder will at all times abide by all safety procedures and rules as may be stipulated by local bodies/ ITI from time to time.

4. The successful bidder shall fully indemnify ITI against any actions, claim related to design/ patent / trademark etc., and shall be solely responsible for payment of royalties etc. which may be payable for any item included in the contract.

5. The successful bidder shall indemnify and keep indemnified the ITI against all losses and claims for injuries or damage to any persons or any property whatsoever which may arise out of or in consequence of the construction and maintenance of works and against all claims, demands proceedings, damages costs, charges and expenses whatsoever in respect of or in relation thereto.

Signature of the Bidder Page 20 of 39 6. The successful bidder agrees and undertakes to indemnify and keep indemnified ITI harmless against any and all liabilities, Losses, damages, claims, expenses suffered by the ITI as a result of any breach committed by him on this account.

XX] THE CONTRACT /LICENSE ARE NOT TRANSFERABLE.

The bidder shall not be permitted to sub-license his rights under this License. The licensee shall be obliged to carry out its obligations under the license Agreement entirely at its own risk and cost.

XXI] APPLICABLE TERMS AND CONDITIONS:

a) LESSEE’S OBLIGATIONS :

1. The Technical Bid shall not contain any reference of Price/Cost particulars.

2. The above mentioned description of features and infrastructures are indicative only. All bidders are advised to physically verify and inspect the vacant space/ Land Records and infrastructure prior to submission of their Bids. The Vacant space will be made available to the successful Bidder[s] who is the new incumbent applying fresh on completion of basic minimum requirement works.

3. The entire vacant land would be given out on rent for an initial period of 4years 11 months.

4. The tender[s] shall not submit a conditional offer. Any condition having financial implications will result in disqualification of the offer.

5. The Vacant space cannot be sublet in any manner by the successful bidders to the any other entity. In the event of it coming to the knowledge of the Company, that the successful bidder[s]/tenant[s] has/have sublet any portion of the premises to any other entity or have permitted any other entity to come into possession of any portion of the premises and or/or have created any third party rights, or whatsoever entity, the Company shall be entitled to forthwith terminate the lease, re-enter/take back possession of the premises and forfeit the entire security deposit paid by the successful bidder[s]/tenant[s] to the Company.

6. The rate quoted by the bidder[s] shall take into account the entire infrastructure available within the premises on As is where is basis including the common services and circulation space.The monthly rental along with applicable GST / taxes and other dues, if any, shall be payable in advance to ITI only by “Account Payee Cheques” due on the 05 th of every month, payable in Bangalore. Alternatively, the same may be paid through by NEFT/RTGS also. All cheques/demand draft/Payments shall be drawn in favour of “ITI Limited, Bangalore” Cheque received after the above date shall attract interest @15% per annum[Compounded quarterly] would be calculated for delayed period.

7. The Property tax on vacant space and infrastructure built on the vacant space payable to BBMP. Any other Government /Statutory authorities will be borne by the successful bidder.

8. GST at the applicable rate shall have to be paid by the LESSEE/Successful bidder[s]. Any other taxes, cess and other levies imposed by the State/Central Govt as prevailing on date of submission of offer or at a later date during the agreement period will have to be borne by the Lessee.

Signature of the Bidder Page 21 of 39 9. The vacant land may be inspected on any working day between 10.00 AM to 3.00PM on prior intimation to ITI. Any clarification required prior to submission of offers may be obtained from the undersigned.

10. Any claim on account of ignorance of site condition and infrastructure will not entertained at a later date.

11. ITI reserves the right to accept/reject any or all offers at any stage prior to the execution of the lease deed, without assigning any reasons whatsoever.

12. An appropriate Lease Deed, duly stamped and registered, reflecting more or less the terms and conditions set out herein, will be executed between the successful bidder[s] and ITI, the entire costs towards registration charges, incidental expenses, stamp duty and any other related expenditure associated with the registration, will have to be borne by the successful bidder[s]. A specimen copy of lease deed will be prepared by ITI and furnished to the successful bidder[s] after the finalization of the Bids. 13. In the event of any dispute or differences arising out of any/other claims/opinion including interpretation of clauses in this documents among the bidders and ITI, the decision of the Chairman and Managing Director of ITI Limited shall be final and binding. 14. The power charges payable to BESCOM will be to the tenant[s] account. Separate meter will be installed by us for assessing the power consumption. The charges will be borne by the tenant[s] as per actual. As regards water/Sewerage charges, the amount payable to BWS&SB shall be borne by the tenant[s]. This will be applicable only if ITI provides the above facilities.

15. An escalation in rent at 05% [FIVE PERCENT] per annum will be applicable on completion of every 12 months.

16. The offer shall be valid for a period of four months from the date of opening of bids.

17. A joint inspection by ITI and successful bidder[s] will be done to mark the exact area of handing over to the bidder.

18. Termination of Contract: The contract shall be terminated by giving a notice period of 03[three] months on either side.

19. The bidders are requested to regularly visit ITI Website; www.itiltd-india.com for any information, visit the aforesaid premises, inspect the available documents to acquaint themselves with the complete information submitting the bid.

20. The final revised condition if any as indicated in the corrigendum, amendment, clarifications, extension/changes regarding this tender as uploaded in the said website will be binding and may part of the agreement.

21. The power and Water supply will be provided by the Company if it is available and tenant will pay the bills to the Company as per actual or else bidder should make their own arrangements for power and water supply at their own cost.

XXII] INSOLVENCY OF THE BIDDER/LESSEE: In the event of bidder and if bidder is a firm, any partner of the bidding firm, is adjudged insolvent or bankrupt or makes on assignment for the benefit of his creditors, the Company will have a right to give 03 days’ notice to the bidder of its

Signature of the Bidder Page 22 of 39 decision to terminate the contract and the contract shall stand terminated with the same force and effect as if such date was the date for expiration of the original contract.

XXIII] SUBLETTING THE CONTRACT IS NOT ALLOWED: The award winning bidders are prohibited from the subletting the Contract to any other Agency, this shall be the sufficient cause for Termination of the Contract and black listing the Agency.

XXIV] ITI’S RIGHTS IN RESPECT OF CONTRACT / LICENSE AGREEMENT:

1. ITI shall not be liable for any omission, mistake or error in respect of any of the above or on account of any matter or thing arising out of or concerning or relating to or the Bidding Process, including any error or mistake therein or in any information or data given by ITI.

2. ITI, in its sole discretion and without incurring any obligation or liability, reserves the right, at any time, to suspend and/ or cancel the Bidding Process at any stage and/ or amend and/ or supplement the Bidding Process or modify the dates or other terms and conditions relating thereto consult with any Bidder in order to receive clarification or further information;

3. Retain any information and / or evidence submitted to ITI by, on behalf of, and/ or in relation to any Bidder; and/ or

4. Independently verify, disqualify, reject and/ or accept any and all submissions or other information and/ or evidence submitted by or on behalf of any Bidder.

5. For repeated violation of instructions, breach of contract agreement, ITI has the right to cancel the contract by giving Show Cause Notice at the risk and cost of the successful bidder including forfeiture of all amounts, interest free security deposit included in favour of ITI. In case of any activity which can be deemed criminal, ITI reserves the right to cancel the contract and forfeit all submissions including the interest free security deposit in its favour with or without any notice.

6. The ITI reserves the right to accept or reject any tender. Authority for acceptance of the tender will rest solely with the ITI, which does not bind itself to accept any tender and not to assign any reason for rejecting the same. ITI reserves the right for deduction of the amount from interest free security deposit which becomes liable to be paid on the following grounds: iii.16.a. Any amount which ITI becomes liable to pay to the Government /Third party on behalf of any default of the successful bidder or any of his/her/their servant/agent/employees or staff. iii.16.b. Any payment/fine made under the order/judgment of any court/consumer forum or law enforcing agency or any person working on his behalf.

Signature of the Bidder Page 23 of 39 iii.16.c. Once the amount under this clause is debited, the successful bidder shall recoup the security deposit to the extent the amount is debited within 15 DAYS of such debit by ITI failing which it will be treated as breach of contract agreement and may lead to termination of agreement with forfeiture of all amounts including interest free security deposit in favour of ITI.

XXV]. MISCELLANEOUS:

1. The Bidding Process shall be governed by, and construed in accordance with, the laws of India and the Courts at Bangalore shall have exclusive jurisdiction over all disputes arising under, pursuant to and/ or in connection with the Bidding Process. During the bidding process no dispute of any type would be entertained. Even in such cases where ITI asks for additional information from any bidder, the same cannot be adduced as a reason for citing any dispute. All disputes between the selected bidder and ITI shall be settled as per the Dispute Resolution procedure elaborated in the Draft License Agreement after signing the License Agreement. The courts at Bangalore shall have the sole & exclusive jurisdiction to try all the cases arising out of this License agreement.

2. It shall be deemed that by submitting the Bid, the Bidder agrees and releases ITI, its employees, agents and advisers, irrevocably, unconditionally, fully and finally from any and all liability for claims, losses, damages, costs, expenses or liabilities in any way related to or arising from the exercise of any rights and/ or performance of any obligations hereunder, pursuant hereto and/ or in connection with the Bidding Process and waives, to the fullest extent permitted by applicable laws, any and all rights and/ or claims it may have in this respect, whether actual or contingent, whether present or in future.

3. The License Agreement are to be taken as mutually explanatory and, unless otherwise expressly provided elsewhere in this, in the event of any conflict between them, the priority shall be in the following order: i.19.a) License Agreement. i.19.b) Document; i.e. the License Agreement above shall prevail over tender document. In case of any correction/addition/alteration/omission in the tender document observed at any stage, the bid shall be treated as non-responsive and shall be rejected.

XXVI] THE CHAIRMAN AND MANAGING DIRECTOR, IS AUTHORITY TO RECOVER THE COST IN CASE OF ANY DEFAULT.

If the Lessee neglects or fails to do anything which he is required to do under the provisions of the contract, the Chairman-cum-Managing Director or any other authorized person may serve a notice on the Lessee asking him to do the things agreed upon as aforesaid and on their neglect or failure to do as directed, cause the same to be done and recover the cost thereof from the contractor/tenderer(s) without prejudice to any other rights, the Company may have on account of such default.

XXVII] GOVERNING LAW AND JURISDICTION

Signature of the Bidder Page 24 of 39 The agreement shall be governed by and construed in accordance with the laws of India and the courts at Bangalore alone shall have exclusive jurisdiction over all disputes arising under or in connection with the agreement. Dispute resolution mechanism shall be more fully detailed in the Lease Deed. The provisions of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 shall apply to the lease and the Premises.

XXVIII] ESSENCE OF CONTRACT:

The adherence to the time schedules for the payment of the rent, all outgoings and all payable amounts as per the lease agreement (Including interest or penalty if any) determination of lease by notice or by efflux of time as specified in the lease agreement or relevant paragraphs of the tender, and subsequent vacation of the premises are the essence of the contract between the Lessee and ITI.

XXIX] INDEMNITY.

1. The lessee shall indemnify and hold harmless the Company from and against all actions, suits, proceedings, claims, damages, losses, expenses and demands of every nature and description, by reason of any breach of the provisions of the contract by the lessee or any act or omissions of the lessee, its representative or its employees or agents.

2. These indemnification obligations shall include but not be limited to claims, damages, losses, damage proceedings, charges and expenses which are attributable to,

(a) Sickness, disease or death of, or injury to any person (b) Loss of or damage to or destruction of any property

Disclaimer The issue of this document does not imply that the COMPANY is bound to select a Bidder or to appoint the Selected Bidder, as the case may be, for the Project and the Company reserves the right to reject all or any of the Bidder or Bids without assigning any reason whatsoever.

The Bidder shall bear all its costs associated with or relating to the preparation and submission of its Bid including but not limited to preparation, copying, postage, delivery fees, expenses associated with any demonstrations or presentations which may be required by the Company or any other costs incurred in connection with or relating to its Bid. All such costs and expenses will remain with the Bidder and the Company shall not be liable in any manner whatsoever for the same or for any other costs or other expenses incurred by a Bidder in preparation for submission of the Bid, regardless of the conduct or outcome of the Bidder Process.

Signature of the Bidder Page 25 of 39 ANEXURE-1

DETAILS OF THE INFARASTRUCRE AVILALBLE AT K.R.PURAM______

The details of the infrastructure available are as follows:

LOCATION` AREA IN AREA IN MINIMUM SQ.MTRS SQ.FT BASE PRICE K.R.PURAM 1600 17210 16/SQ.FT

A SEPRATE DRAWING IS ENCLOSED FOR REFERENCE TO THE BIDDERS

The rates quoted is exclusive of all taxes[ The taxes prevailing and future if any has to be borne by successful bidder]

NOTE- BASE PRICE FOR CONSIDERATION FOR QUOTING THE RENT/SQ.FT IS

Signature of the Bidder Page 26 of 39 Rs.16/SQ.FT FOR THE LOCATION.

ANNEXURE-2

GENERAL INFORMATION OF THE BIDDER

1. Name of Bidder :______2. Complete postal address (with Telephone/FAX Nos./E-Mail) i. Corporate Office: :______ii. Addresses of all branch offices in India: ______3. In case of Consortium/JV the information above shall be provided for all the members of the consortium.

4. Other information regarding role of each member:

Sl. Name of Member Proportion of Equity to Role* No. be held in the Consortium 1 2 3

* Specify Whether Lead member / Ordinary Member

5. Details of the contact person who shall serve as point of communication with ITI within company. a. Name :

Signature of the Bidder Page 27 of 39 b. Designation : c. Address : d. Telephone Number : e. Fax Number : f. E-Mail Address :

6. Please indicate details and strength of bidder Co. in respect of following: Total value of revenue from advertisement businesses conducted in the last three (3) years. (The above details shall be given year wise along with the name of clients in the form of self Certification along with the details as applicable]

7. Complete profile of company

(Name of the Authorized Signatory) For and on behalf of (Name of the Bidder) Designation Place: Date:

ANNEXURE-3 BID FORM (To be submitted on company’s letter head)

No: Dated:

………………..

Sub: Bid for “RENTING OF VACANT SPACE FOR SETTING UP OF COMPANY’S RETAIL PETROLEUM/GAS OUTLET AT K.R.PURAM, BENGALURU

With reference to above subject, I/we, having examined the Bidding Documents and understood their contents, hereby submit my/our Bid for the aforesaid allotment of contract for “VACANT SPACE for setting up of Company’s retail Petroleum/Gas outlet at- ITI’S PROPERTY on rental basis from ITI. The Bid is unconditional and unqualified.

1. I/ We acknowledge that ITI shall be relying on the information provided in the Bid and the documents accompanying the Bid for selection of the successful bidder for the aforesaid subject, and we certify that all information provided therein is true and correct; nothing has been omitted which renders such information misleading; and all documents accompanying the Bid are true copies of their respective originals.

Signature of the Bidder Page 28 of 39 2. I/ We shall make available to ITI any additional information it may find necessary or require to supplement or authenticate the Bid.

3. I/ We acknowledge the right of ITI to reject our Bid without assigning any reason or otherwise and hereby waive, to the fullest extent permitted by applicable law, our right to challenge the same on any account whatsoever.

4. I/ We declare that: a) I/ We have examined and have no reservations to the Bidding Documents, including Addendum/ Corrigendum, if any, issued by ITI; and b) I/ We do not have any conflict of interest in accordance with provisions of the document; and c) I/ We have not directly or indirectly or through an agent engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as stipulated in the document, in respect of any Bid or request for proposal issued by or any agreement entered into with DD; and d) I/ We hereby certify that we have taken steps to ensure that in conformity with the provisions of the tender, no person acting for us or on our behalf has engaged or shall engage in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice; and e) The undertakings given by me/us along with the Application in response to the for the above subject were true and correct as on the date of making the Application and are also true and correct as on the Bid Due Date and I/we shall continue to abide by them.

5. I/We understand that you may cancel the Bidding Process at any time and that you are neither bound to accept any Bid that you may receive nor to invite the Bidders to Bid for the above subject, without incurring any liability to the Bidders, in accordance with provisions of the tender document.

6. I/ We hereby irrevocably waive any right or remedy which we may have at any stage at law or howsoever otherwise arising to challenge or question any decision taken by ITI in connection with the selection of the Bidder, or in connection with the Bidding Process itself, in respect of the above mentioned subject contract/License Agreement and the terms and implementation thereof.

7. In the event of my/ our being declared as the Selected Bidder, I/we agree to enter into a contract/License Agreement in accordance with all the terms and conditions of this tender and agree to abide by the same.

8. I/ We have studied all the Bidding Documents carefully and also surveyed the VACANT SPACE and its land records in ITI’s premises (as mentioned in Annexure-1). We understand that except to the extent as expressly set-forth in the contract/License Agreement, we shall have no claim, right or title arising out of any documents or information provided to us by ITI or in respect of any matter arising out of or relating to the Bidding Process including the award of contract/License Agreement.

9. I/ We offer due Bid Security (EMD) of Rs------Rupees------Lakh only) to ITI in accordance with the Document. If I/We fail to keep the tender open as aforesaid of make any modifications in the terms and conditions of the tender which are not acceptable to the ITI, I/We agree that the

Signature of the Bidder Page 29 of 39 Directorate shall without prejudice to any other right or remedy, be at liberty to forfeit the said earnest money absolutely. Should this tender be accepted, I /We agree to abide by & fulfill all the terms conditions of aforesaid tender document. Earnest Money will be refunded to us without any interest thereof if our tender is not accepted.

10. I/ We agree and understand that the Bid is subject to the provisions of the Bidding Documents. In no case, I/we shall have any claim or right of whatsoever nature if the contract/licensing rights as mentioned in above subject are not awarded to me/us or our Bid is not opened or rejected.

11. I/We further undertake that after the expiry of the contract period or pre mature termination of the contract as per clause of General Terms & Conditions of Contract. We shall have no lien or any rights whatsoever on the said VACANT LAND allotted by the ITI.

12. The financial offer has been quoted by me/us after taking into consideration all the terms and conditions stated in the tender document, addenda /corrigenda, our own estimates of costs and after a careful assessment of the site and all the conditions that may affect the project cost and implementation of the project. I/We are satisfied with the locations of the advertisement areas and fully understand & comprehend the technical requirements. I/We are also fully satisfied as to the business viability of licensing the advertisement panels and shall not claim any compensation, dues or any other consideration whatsoever on this account.

13. I/We agree and undertake to be jointly and severally liable for all the obligations of the contract/Licensee under the contract/License Agreement for the contract/License period in accordance with the Agreement.

14. I/we agree that the cost of Stamp Duty for execution of License Agreement, Registration Charges and any other related Legal Documentation charges/incidental charges in pursuance of this tender will be borne by us.

15. I/We agree that all Taxes/Municipal Taxes if any shall be solely borne by us. GST/Taxes as applicable from time to time shall also be paid by us.

16. I/we agree not to seek any claim or compensation from ITI if certain advertisements are not permitted due to local laws/civil authorities. The maintenance of all advertisement inserts will be borne by us.

17. I/ We shall keep this offer valid for 120 days (one hundred and twenty) days from the Bid Due Date specified in the tender document.

18. I/We hereby submit bid documents duly signed on each page as token of unconditional acceptance of all terms and conditions set out herewith. In witness thereof, I/we submit this Bid under and in accordance with the terms of the tender document.

Yours (Signature, name and designation of the Authorised signatory) Name and seal of Bidder/Lead Member

Signature of the Bidder Page 30 of 39 Date: Place

ANNEXURE-4 FORMS FOR BID SUBMISSION TECHNICAL

QUALIFICATION INFORMATION (TECHNICAL)

The information to be filled by the bidder

1. Place of Registration ------(Attach Copy)

2. Principal place of Business & Address

3. Financial turnover during.

Signature of the Bidder Page 31 of 39 Year In Rs. Lakhs

4. Work performed as Prime Operator (in the same name) on works of similar nature over during the five years

DATE REMARKS OF EXPLAININ ISSUE G VALU OF REASONS NAME E OF WOR SPECIFIED ACTUAL FOR DELAY OF THE CONTRA WOR K PERIOD OF DATE OF IN PROJECT EMPLO DESCRIPTIO CT K IN ORDE COMPLETI COMPLETI COMPLETIO NAME YER N OF WORK NUMBER (Rs) R ON ON N WORK 1 2 3 4 5 6 7 8 9

5. Bidders liquid assets/availability /of credit facilities(Attach copy)

To be furnished for each of the relevant and similar projects executed by the bidder - please do not mention on-going or incomplete projects here.

Status of the project - Value of Type of contract - Sl Name of the Client timely completion / cost the Turnkey/BOT/DBOT No project details over runs / meeting the project etc design objectives

Signature of the Bidder Page 32 of 39 SI. Reference of Clause No. & Page Deviation in the Brief reasons NoSl. Name of Client Value of Status of the project - timely No. proposal No the project details the project completion / cost over runs /meeting the design objectives

ANNEXURE-5

FINANCIAL BID

Financial Bid Form

To, Additional General Manager-CS, Bangalore Plant ITI Limited, Bangalore.

I/we have read and examined the following documents relating to the “RENTING OF VACANT SPACE for setting up of Company’s retail Petroleum/Gas outlet at K.R.Puram at Bengaluru.

Notice inviting tender. A] General stipulations B] Terms and conditions of the contract.

1. I/we hereby offer to the “RENTING OF VACANT SPACE IN ITI’S B-AREA” FOR 4 YEARS AND 11 MONTHS referred to in the aforesaid documents, subject to the General

Signature of the Bidder Page 33 of 39 stipulations, Terms and conditions of contract.

2. I/we also agree to keep this tender open for acceptance for a period of 120 days from the date fixed for opening the same and not to make any modifications in its terms and conditions which are not acceptable to the Company.

3. I/we agree to submit the copy of registered partnership deed of our firm (If any).

4. I/we agree that the Company shall, without prejudice to any other rights or remedy, be at liberty to forfeit the said earnest Money absolutely, if (a) I/we fail to keep the offer open as aforesaid. (b) I/we fail to make the contract deposit as required and execute the contract agreement when called upon to do so within 15 days from the date of receipt of acceptance letter from Company.

5. 1/we hereby further agree to pay all the charges of whatsoever nature in connection with the preparation, stamping and execution of the said contract.

6. I/we have inspected the sites before filling this tender.

7. I/we offer to take the vacant land on rental basis for establishing ------on commercial basis for a period of 04[four years and 11 months with a renewable on mutually agreed terms as per the terms and conditions of the bid documents as specified by the Company on rent.

QUOTED AREA MINIMUM PRICE RATE IN RATE IN LOCATION IN BASE PER FIGURES WORDS SQ.FT PRICE SQFT

K.R.PURAM 17210 Rs.16/SQ.F T

A SEPRATE DRAWINGS ARE ENCLOSED FOR REFERENCE TO THE BIDDERS

The rates quoted is exclusive of all taxes [ The taxes as applicable including GST, prevailing as well as in future, if any has to be borne by successful bidder]

NOTE- BASE PRICE FOR CONSIDERATION FOR QUOTING THE RENT/SQ. FT IS Rs.16/SQ. FT

8. I have submitted EMD.

Signature of the Bidder Page 34 of 39 Address:

Signature of the tenderers of the Phone No. Firm with seal

In case of partnership Firm: -

Full Names and Residential address of All the partners Constituting the firm.

ANNEXURE-6

CONSORTIUM AGREEMENT/MEMORANDUM OF UNDERSTANDING

This Consortium Agreement/Memorandum of Agreement is executed at Bangalore on this _____ day of …………………

BETWEEN

Mr. ______R/o______OR M/s ______, a Company incorporated under the Companies Act, 1956 and having its Registered Office at ______acting through its ______duly authorized by a resolution of the Board of Directors dated ______(hereinafter referred to as the „LEAD MEMBER‟ which expression unless excluded by or repugnant to the subject or context be deemed to mean and include its successors in interest, legal representatives, administrators, nominees and assigns) of the ONE Part;

Mr. ______R/o______OR M/s ______, a Company incorporated under the Companies Act, 1956 and having its Registered Office at ______and acting through its ______, duly authorized by a resolution of the Board of Directors dated ______(hereinafter referred to as the („Participant member‟) which expression unless excluded by or repugnant to the subject or context be deemed to mean and include its successors in interest, legal representatives, administrators, nominees and assigns) of the OTHER/SECOND PART

Signature of the Bidder Page 35 of 39 AND

Mr. ______R/o______OR M/s ______, a Company incorporated under the Companies Act, 1956 and having its Registered Office at ______and acting through its ______, duly authorized by a resolution of the Board of Directors dated ______(hereinafter referred to as the („Participant member‟) which expression unless excluded by or repugnant to the subject or context be deemed to mean and include its successors in interest, legal representatives, administrators, nominees and assigns) of the THIRD PART]

WHEREAS ITI Ltd (hereinafter referred to as ITI) has invited Bids for the Renting the existing “______” located at the sites; ………….in terms of the Bid documents issued for the said purpose and the eligibility conditions required that the Bidders bidding for the same should meet the conditions stipulated by ITI for participating in the bid by the Consortium for which the Bid has been floated by ITI Ltd.

AND WHEREAS in terms of the bid documents all the parties jointly satisfy the eligibility criteria laid down for a bidder for participating in the bid process by forming a Consortium between them.

AND WHEREAS all the parties hereto have discussed and agreed to form a Consortium for participating in the aforesaid bid and have decided to reduce the agreed terms to writing.

NOW THIS CONSORTIUM AGREEMENT / MEMORANDUM OF AGREEMENT HEREBY WITNESSES:

1.That in the premises contained herein the Lead Member and the Participant Member having decided to pool their technical know-how, working experiences and financial resources, have formed themselves into a Consortium to participate in the Bid process for “.Renting the existing “VACANT SPACE” located at B area in termsof the Bid invited by ITI Ltd (ITI).

2. That all the members of the Consortium have represented and assured each other that they shall abide by and be bound by the terms and conditions stipulated by ITI for awarding the Bid to the Consortium so that the Consortium may take up the aforesaid contract/license, in case the Consortium turns out to be the successful bidder in the bid being invited by ITI for the said purpose.

3. That all the members of the Consortium have satisfied themselves that by pooling their technical know-how and technical and financial resources, the Consortium fulfills the pre- qualification/eligibility criteria stipulated for a bidder, to participate in the bid for the said Bid process for selection of highest responsive bidder.

4. That the Consortium have agreed to nominate any one of ______, _____ and _____ as the common representative who shall be authorized to represent the Consortium for all intents and purposes for dealing with the Government and for submitting the bid as well as doing all other acts and things necessary for submission of bid documents such as Bid Application Form etc., Mandatory Information, Financial Bid. etc. and such other documents as may be necessary for this purpose.

Signature of the Bidder Page 36 of 39 5. That the shareholding of the members of the Consortium for this specified purpose shall be as follows: i. The Lead Member shall have _____per cent (___%) of shareholding with reference to the Consortium for this specified license agreement. ii. The Participant Member shall have ____ (___%) of shareholding with reference to the Consortium for this specified license agreement.

6. That in case to meet the requirements of bid documents or any other stipulations of ITI, it becomes necessary to execute and record any other documents amongst the members of the Consortium, they undertake to do the needful and to participate in the same for the purpose of the said project.

7. That it is clarified by and between the members of the Consortium that execution to this Consortium Agreement/Memorandum of Agreement by the members of the Consortium does not constitute any type of partnership for the purposes of provisions of the Indian Partnership Act and that the members of the Consortium shall otherwise be free to carry on their independent business or commercial activities for their own respective benefits under their own respective names and styles. This Consortium Agreement is limited in its operation to the specified project.

8. That the Members of the Consortium undertake to specify their respective roles and responsibilities for the purposes of implementation of this Consortium Agreement and the said project if awarded to the Consortium in the Memorandum to meet the requirements and stipulations of ITI.

IN FAITH AND TESTIMONY WHEREOF THE PARTIES HERETO HAVE SIGNED THESE PRESENTS ON THE DATE, MONTH AND YEAR FIRST ABOVE WRITTEN.

1. ( )

Authorized Signatory For (Name of the company)

2. ( )

Authorized Signatory For (Name of company)

3. ( )

Authorized Signatory For (Name of company)

Signature of the Bidder Page 37 of 39 Enclosure: Board resolution of each of the Consortium Members authorizing: (i) Execution of the Consortium Agreement, and (ii) Appointing the authorized signatory for such purpose.

ANNEXURE-7

UNDERTAKING FOR RESPONSIBILITY

(On Rs. 50/-- stamp paper duly notarized)

______as a lead member of the consortium of ____ companies; namely ______(Complete name with address) jointly & severely undertake the responsibility in regards to the license agreement with ITI in respect of Licensing of ______

1) That, we Solely undertake that ______(Name of the Company/ consortium member) shall conduct all transactions/ correspondences and any other activity in connection with contract/License agreement pertaining to. “______” existing at the located at the sites; …………. with ITI.

2) That, all consortium members are jointly or severely responsible for all commitments / liabilities/ dues etc to ITI.

3) That, we further confirm that, the stake holding of lead member-______(Name of the company/ consortium member) shall always remain more than 51% and we, all consortium members, insure that there shall be no change in the stake holding of all parties during the initial lock-in period of license agreement.

We also confirm that our consortium was made on Dt.______, for seeking contract/license for taken ______on rental any other prevailing applicable policy, statutes,

Signature of the Bidder Page 38 of 39 codes, applicable laws etc as applicable from time to time and in support of which a copy of our Board Resolution is attached with this Undertaking.

(Authorized/ CEO of all ____ consortium members to sign on undertaking with witness signatures)

Witness:

Signature of the Bidder Page 39 of 39