THE LNM Institute of Information Technology, Gram – Rupa Ki Nangal, Post – Sumel, Via – Jamdoli, Jaipur- 302031. Tel. : +91 141 5191778, 5191724 Fax : +91 141 5189214 Web: www.lnmiit.ac.in Date: November 7, 2013

TENDER Document For MESS SERVICE ( Mess- A) at ‘LNMIIT,

Jaipur from 10 Dec 2013 to 30 April 2015

Index: 1. Notice Inviting Tender 2. Important Dates 3. Procedure 4. Terms & Conditions 5. Technical Bid 6. Financial Bid 7. Contract Agreement.

1. Notice Inviting Tender

The LNM Institute of Information Technology, Jaipur (hereinafter referred to as the “LNMIIT”), an Educational Institute, invites two separate sealed tenders for two student messes with strength over 600 Students each from reputed agencies, having a minimum of experience of 4 years in the field, to provide Mess Services and General Services to The LNMIIT, Jamdoli, Jaipur on contract basis. The Mess is mainly for students of LNMIIT and the Institute charges a lump sum amount from the students and settles the same with actual charges paid to the Mess Contractor.

Terms & Conditions For Technical Bid and Financial Bid can be collected by payment of Rs. 1000/- (non- refundable) as the cost of the Tender documents from LNMIIT on all working days from 09 Nov to 15 Nov 2013. Only the forms signed / stamped by this institute shall be accepted.

2. Important Dates :  Last date for submission of Tender Application - November 18, 2013  Opening of Technical and Commercial Bids - November 20, 2013  Award of Contract - November 25, 2013  Commencement of Work - December 10, 2013

3. Procedure

1. Tender Bids should be placed in a properly sealed envelope addressed to

Estate Officer. The LNM Institute of Information Technology, Gram: Rupa Ki Nangal, Post: Sumel, Via: Jamdoli, Jaipur 302031 (Raj.)

Note: Tender to be sent BY HAND Only.

1. Earnest Money (EMD) Rs.50,000/- (Rupees Fifty Thousand Only) will be deposited through a Demand Draft only in favour of ‘The LNM Institute of Information Technology’ payable at Jaipur. The EMD will be refunded to the unsuccessful Vendor after tender is finalized. The EMD shall liable to forfeited in case of successful Vendor fails to start the work within the given time.

2. Technical Bid along with DD of EMD and Financial Bid should be put in separate sealed envelopes and deposit on or before 3:00 pm, November 18, 2013

3. The bids shall be opened on November 20, 2013 at 3:30 pm in the presence of the Vendors or their representatives present in the campus.

4. The technical bid shall be opened first and only the eligible Vendors selected by Committee shall be considered in the financial bid which shall be opened subsequently by the Tender Opening Committee.

5. The LNMIIT reserves the right to accept or reject any or all the tenders without assigning any reason.

Appendix

(refers to para 1)

Terms and Conditions

1. Mess contractor will be finalized based on his experience, contracts executed earlier, contracts in hand, capacity to prepare all kinds of food with special emphasis as regional food, managerial abilities and other relevant factors as considered appropriate by the mess tender committee . If required a team from LNMIIT may also check up the quality of food served by the contractor at the place of his/her current contract of catering / mess / canteen services. Mess Contractor (herein after referred as contractor) is required to note that health, safety and satisfaction of the authorized hostel inmates (students of LNMIIT) is the prime concern of the hostel authority. Following terms and conditions will be binding on the Contractor :-

 Bid: The bid should accompanied with the earnest money, Technical Bid and Financial Bid.  Bonafides of Contractor. The Contractor must have not been debarred and/or blacklisted by any Central/State Govt, Department and should not have any litigation in any of the Labour Courts.  Experience. The Agencies having minimum of 4 years experience in Mess Services need only apply. They should have experience of catering in reputed Institutions or Companies. The Agency should be having at least 50 employees at present.  Pre-bid meeting. The institute may call for pre-bid meeting.  Validity. The Bid will remain valid for 3 months from the last day for receipt of bids.  Subletting. The contractor will not sublet the work to any other agency.  Period of contract. The approved contract will be valid from 10 Dec 2013 to 30Apr 2015. However if the Director, LNMIIT so desires he may extend the contract for more year(s) subject to completion of satisfactory services with or without modification of T&C.  Power, Water and Other Facilities. LNMIIT shall provide the contractor electricity which shall be payable as per the meter reading. Other facilities provided will be as under:-  Kitchen  Kitchen equipments  Furniture for setting, R.O., Water-coolers, Deep-freezer, refrigerator,  Air-cooling, electrical fitting & fixtures, ducting, washing facilities.  Intercom Telephone line  Water lines for drinking and washing.  LNMIIT will provide all the kitchen equipments in working condition at the time of handing over to the Mess Contractor. After that all repairing will be done by the contractor himself.  The contractor shall arrange the cooking gas and cylinders at his own.

 Institute’s Property. The Contractor shall be responsible to ensure proper utilization of the facilities, equipment, furniture and utilities provided by LNMIIT without any abuse or excess use. For any loss or damages to the premises, furniture, fitting, fixtures and equipment, recovery at the market rates would be made from the Contractor.  Cleanliness. The mess utensils are to be cleaned with hot water using detergent powder/soap after every meal.  Decision. Decision of the Director will be final and binding to the contractor in case of any dispute arising out with respect to the terms and conditions of this contract.  Repair & Maintenance of Equipment. After handing over the equipments in working conditions, the Contractor will be responsible for all types of major or minor repairs and maintenance of the equipments provided by the Institute at his own cost.  Applicable Acts: The contractor should cover and comply his establishment under EPF, Miscellaneous provisional Act, Minimum Wages Act, ESI Act, Bonus Act, Contract Labour Act, Workman’s Compensation Act, Migrant Labour Act, Essential Commodities Act and all other relevant statutory previsions at his cost.  Documents. Contractor must attach a copy of the challan of payment made with respective authorities like EPF, ESI, Service tax (if applicable) at the time of submitting his monthly bills.  License. The Contractor will be responsible to obtain the license required to perform catering and allied services. The contractor will be required to maintain all books and registers, First Aid Box, Display of Notice etc. as required under any applicable law.  Legal requirements: The contractor will be exclusively responsible to meet and comply with all legal requirements with respect to food items prepared, including with respect to raw material and ingredients incorporated therein, and shall be exclusively responsible for any infraction of the provisions of any applicable law for the time being in force.  Termination: The contract can be terminated by giving one-month notice period by the Institute and two-month notice by the Contractor.  Uniforms & ID. The Contractor should provide suitable Uniforms (approved by institute), Photo Identity Cards to their employees at his own cost. He will be responsible to appoint all the necessary staff and employees who should be proficient in catering and allied services.  Safety and Security. Contractor will abide by the safety code provisions as per safety codes framed from time to time by the Government.

 Taxes: The Contractor will comply with all requirements under central and local sales tax laws and shall be responsible for payment of all taxes, fees and other statutory payments to the respective authorities.  Dispute. Any dispute between the contractor and his employees will be settled by him and LNMIIT will not in any manner told to mediate between the two.. In case the services are affected due to such conflicts the contractor will be liable to provide the same at his own cost, failing which the contract will be terminated.  Acceptance of Tender. . The Director, LNMIIT is not bound to accept the lowest or any tender and reserves to himself the right to accept/reject the whole or any part of the tender and the Vendor will be bound to accept the same.  Accommodation. No accommodation for stay of his/her personnel will be provided by The LNMIIT.  Behavior of personnel. This shall in no way be detrimental to the administration. The contractor shall provide personnel of good character, physically fit, efficient, and well behaved and skill full in their duties.  Fine. Any infringements of any such instruction may render the contractor liable to be fined which may extend up to Rs. 5000/- in each case. The fine will be addition to the penalty imposed in other clauses. For Unsatisfactory level of services noticed during the inspection by institute officials, a penalty of up to Rs. 10000/- per day will be levied.  Weekly Off. The Contractor shall arrange for reserve personnel in lieu of weekly off or leave periods of the regular persons. No separate payment shall be made for such arrangement.

 Inspection and Testing The institute shall be entitled to inspect and/or test through any of its representatives or an independent agency, any premises of the contractor and materials stored therein for use pursuant to the contract and/or ingredient to be used in the preparation of food intended for prevision or sale pursuant to the contract.  Quality. If any material, item or component intended to be used for the work is found to be unsatisfactory (in which matter the decision of the institute or its authorized representative shall be final), the contractor shall not use such material, and shall keep the Institute indemnified from and against any claim of infection, poisoning or illness from any bad, stale or defective food or material provided by the contractor.

2. Other terms & conditions.

 Efficient, promptness, quality food, quality service, good behavior, hygienic condition and politeness of the Caterer and his staff are the essence of the contract. The Caterer is required to supervise the operations at all working hours and his manager or supervisor shall personally supervise operations in the kitchen and dining area.  All the catering staff should be medically fit. They should be free from any infectious diseases. The Caterer shall get his employees medically examined time to time and keep the records.  Smoking, tobacco, drinking liquor etc. is strictly prohibited in the entire campus.  Cooking medium should be branded ground nut oil, ghee, atta, spices. The list of good brand with alternative shall be provided.  In case of sickness of students the contractor shall be obliged to provide light food as advised by the Doctor and no extra charges will be paid for that.  In case of any Meal severed for institute’s guest the contractor shall take sign on memo of the guest or officer of the LNMIIT accompanying the guest and attached the copy of the same with the separate bill for payment.  The contractor is required to keep at least one attendant / mess worker per 20 students.

3. The contractor will run the mess for about 600 plus numbers of students and staff. The actual numbers may vary depending upon actual admission and other factors.

4. The Meal plan & Price Schedule for “Standard Category” for Student Mess:

Meal (Timings) Menu (Suggested items for 600 persons) Breakfast Cornflakes with milk (hot or cold) with bread, butter Jam, (Butter & Preserves (7:30 am to 9:00 am) of brand as specified ) ,egg and Tea/Coffee is mandatory. Other suggested items are:- Fresh Fruits/Juice, Spouted wheat’s Tea/Coffee/Milk (150 ml.) – Bournvita (or equivalent as approved) Idli Sambar/Dose/Uttapam or Stuffed Parantha/Puri Bhaji/Pav-Bhaji Samosa/Kofta/Kachori/Mirchi Wada and Jalebi Lunch One Seasonal vegetable with/without grave/ Paneer based (12:00 noon to 2:00 pm) Dal/Kadi/Besan Gatta/Rajma Plain Curd/Bundi Raita/Veg. Raita/Butter-milk/Milk made Kheer Rice – Plain/jeera/biryani/pulao Green salad, Papad Roti – Plain/Tandoori/Naan/Parantha/Puri Evening Tea Tea/ Coffee/ Lemon Water, Veg Pakora / Bread Pakora / Spring Roll / Samosa (5.30 PM to 6.30 PM) etc. Dinner One Seasonal vegetable with/without grave/ Paneer based (08:00 PM to 09:30 PM) Dal/Kadi/Besan Gatta/Rajma/Pakoda/French Fries Plain Curd/Bundi Raita/Veg. Raita/Milk-Kheer Rice – Plain/jeera/biryani/pulao/ Kheechdi Green salad, Papad Roti – Plain/Tandoori/Naan/Parantha Sweet Dish limited (about 50 grm., includes Ice-cream (100 grm).

 The student body shall decide the Menu to be serve on week-day/monthly basis with consultation of the contractor. In case of non-availability of particular item in the market the Menu can be changed mutually.  Timing may be changed as and when required. All items except quantities mentioned shall be without any quantity limits.

5. Kitchen waste management: The contractor will manage the daily kitchen waste management on his own and ensure proper disposal two times a day. In case the institute needs the kitchen waste for any purposes, the contractor should allow the use without any additional cost to the institute.

6. Financial Terms & Conditions.

 LNMIIT will pay to the contractor, the monthly bill within 7 days on raising bill in duplicate, supported by documents. (last paid challan of PF, ESI, copy of payment made to the employees any other reports etc ) The documents must be duly checked & certified by the Chief Warden/Warden or any authorized person on this behalf. The payment shall be paid on the basis of number of days and actual number of students served.

 Income Tax and any other statutory deductions as per prevalent laws shall be deducted at source as per rules.

 A sum of Rs. 2,00,000/-(Two Lac Only) would be deposited with LNMIIT by the shortlisted contactor, in the form of security deposit. No interest will be paid on such money. The amount shall be refunded after deducting the dues, on completion/termination of the contract. THE LNM Institute of Information Technology, Gram – Rupa Ki Nangal, Post – Sumel, Via – Jamdoli, Jaipur- 302031. Tel. : +91-141-5191778, 5191724 Fax : +91-141-5189214 Web: www.lnmiit.ac.in

7 TECHNICAL BID

Technical Bid should indicate the following information along with the self-attested photocopies of the supporting documents: a. Name & Address of the Company and attach the Profile of the company. b. Proof of incorporation/inception of the Agency/company (attach self attested copy) d. PF Registration number (attach self attested copy) e. ESI Registration details (attach self attested copy) f. PAN Number (attach self attested copy) g. Service Tax registration number, if any (attach self attested copy) h. Details of Registration with the Labour Commissioner, if any (attach self attested copy) i. Satisfactory Performance certificates from the minimum 3 parties where the Contractor catering for atleast for 200 persons at a time and minimum for 2 years, during the last 3 years. (attach self attested copy) j. Copy of one latest PF and ESI monthly challan and copy of last return filled with PF and ESI (if any) (attach self attested copy) k. Any other relevant documents (attach self attested copy)

Name & Signature of the authorized person of the firm along with seal Enc: 1. DD for EMD 2. Copies as above

THE LNM Institute of Information Technology, Gram – Rupa Ki Nangal, Post – Sumel, Via – Jamdoli, Jaipur- 302031. Tel. : +91-141-5191778, 5191724 Fax : +91-141-5189214 Web: www.lnmiit.ac.in

8 Financial Bid

Payment Details Rate per day per student*

Meals (Breakfast, Lunch, Evening Tea & Dinner) as per suggested Menu items. ( ref. terms & condition )

*Price including cost of material, manpower, taxes, statutory obligations, chargeable i.e. including all excluding service tax (payable only if applicable).

We have read and agree to 1. Terms and conditions of Security Services Contract 2. Rules pertaining to Job specification.

Signature of the Proprietor or Authorized Representative

Name of the Signatory:______

Designation:______

Mobile Number:______

Date:______Place:______

Stamp:______AGREEMENT BETWEEN EMPLOYER AND MESS CONTRACTOR FOR RUNNING MESS - B

This Agreement is made at Jaipur on DATE by and between M/s...... hereinafter referred to as the 'Contractor' of the One Part AND The LNM Institute of Information

Technology (Deemed to be University) having its Institute at Rupa-ki-Nangal, Post Sumel via

Jamdoli, District Jaipur (herein after referred to as 'Institute' of the Other Part.

Whereas, the Institute is engaged in imparting advanced education of information technology at its Institute located at the aforesaid address at remote area and thus looking to the strength of the students and with a view to provide them better atmosphere, security, safety and also to fulfill their various day-to-day needs, the Institute has decided to hire different services such as man power supply, gardening of campus, security services, bus services, supply of grocery items,

Mess, cleaning and dusting of the Institute, mess, laundry services, and other allied outsourcing services on contract basis.

And Whereas the Contractor is engaged in the business of providing mess services on contract basis since ______and thus he has represented to the Institute to this effect and is keen to undertake to provide mess services to the Institute on contract basis.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS

1. The Contractor shall deposit a sum of Rs. 200000.00 (Two Lac only) with

Institute in the form of security deposit. No interest will be paid on such money. The amount shall be refunded after deducting the dues, on completion /

termination of the contract.

2. The Institute shall provide a fully furnished Mess building with a monthly rent of

Rs. 20,000/-and free water lines for drinking and washing, fans, light fitting with

bulbs, tube lights and exhaust fans. Bulbs and tube lights shall have to be replaced

and maintained by the Contractor and at the time of handing over Mess back to

the Institute all these electrical points and fixtures including bulbs, tube lights,

Exhaust fans etc. are to be given back in good condition.

3. The Institute shall further provide the contractor electricity which shall be payable

as per the meter reading. Other facilities provided will be as under:- (Detailed list

of the Inventory will be prepared and will form part of the contract document)

a) Kitchen

b) Kitchen equipments

c) Furniture for setting, R.O. Water coolers, Deep Freezer, Refrigerator

d) Air cooling, electrical fitting and fixtures, ducting washing facilities

e) Intercom Telephone line

f) Water lines for drinking and washing

4. The contract shall be liable to adhere to the following.

( a ) Rate per student. – Rs...... /- per day.

( b ) Single Meal Rate. –

 Breakfast. – Rs

 Lunch. - Rs  Dinner.- Rs

( c ) Monthly Rent: - Pay monthly rent of Rs 20,000/-

( d ) Electricity (for all less Air ducts)

 Actual as per meter reading meter reading (Aug –Nov)and Jan-Apr- Eight

Months)

 50% of the meter reading 04 Months during break ie Dec and May to July)

 Air Ducts – 50% of the actual charges as per the meter (Through out the

year)

( e ) Refund: - This will be applicable within the semester duration only. (Aug-

Nov, Jan – Apr). Any leave/absence for more than three days due to official

Institute Holidays, 60% of the amount would be refunded to the Students.

( f ) Bills. The bills will be submitted and paid every 15 days . Time for clearance

would be minimum of 04 working days.

( g )Miscellaneous issues.

 Milk/Tea-200 ml ( usage of brand milk like Saras, Lotus, Mother Dairy. )

 Eggs.- 02 Per Person. boiled/ omelette

 Bread-At least Four slices per person.

 Butter. At least 20 Grams. ( branded like Amul, Mother Dairy. )

 Fresh Juice ( when provided ).- 200 ml.

 Fruits.- Good quality and all variety of fruits.

 Jam. – Minimum 20 ml, Branded like Kisan etc.

 Ghee/oil. – Used for cooking must be branded.

 Cornflakes. – At least two hands full and branded.  Chapatti/ parontha. Shall be served on the table.

 Pickle and mouth freshner must be provided for all meals.

5. The Contractor shall use liquefied petroleum gas for the cooking and the

necessary equipment shall be supplied by the Institute. The refills will have to be

procured by the Contractor at his own cost. Only in the hood with chimney

provided for cooking purpose, the Contractor is permitted to use soft coke.

However, the Contractor shall ensure that no portion of the wall in the Mess gets

affected by the smoke. The use of any other fuel shall not be allowed.

6. It will be the responsibility of the Contractor to get all fitting, fixtures, furniture,

building, appliances, etc. property cleaned, overhauled and painted as and when

required at his cost and ensure that everything is in perfect working condition at

all times.

7. Water as available from water lines shall be given free of cost but in case of

failure of water supply, for reason beyond control of the Institute the contractor

shall have to make his own arrangement for drinking and washing for which

nothing shall be reimbursed to him by the Institute.

8. The Contractor shall have to arrange for good quality milk for the preparation of

tea and coffee etc. 9. Contractor will be handed over all the equipment in serviceable condition and the

management of it thereafter would be responsibility of the contractor any damage

caused to the equipment like deep freezer, water cooler and other fixtures etc. by

the negligent operation of the Contractor and his staff shall be made good by the

Contractor or his employees to the Institute for the entire loss.

10. The Contractor shall be responsible to enrol his employees and pay the

contribution as required by ESI Authority, PF Authority or any other authority

covered under Labour Laws and pay benefits under various law.

11. The Mess will be kept open as per instructions issued by the Institute from time to

time. During the time Mess is open, eatables as per approval lists are to be made

available.

12. The Contractor will use the Mess premises only for the purpose for which it has

been provided for and will not cater any item which is not connected with the

Mess.

13. The Mess staff shall be liable for search at entrance or exit. The Contractor shall

issue identity cards with name and address bearing photograph of the Mess

employees duly approved by the Institute for gate entry.

14. The Contractor shall provide sufficient sets of uniforms to his employees and also

ensure their cleanliness.

15. The contractor shall be personally responsible for the conduct and behaviour of

his staff. Any loss or damage to Institute's movable or immovable property shall be made good to the Institute by the Contractor. In case the contractor will not pay

the amount of loss/damage to the Institute, it will be within the rights of the

Institute to deduct such amount from the amount payable to the Contractor or to

recover from the security deposit of the Contractor.

16. The Contractor shall keep the crockery of standard type as approved by the

Institute.

17. The Contractor shall abide by all existing and future rules and regulations

regarding Mess running issued from time to time by various agencies like

Municipal Corporation, Chief Inspector of Factories, etc.

18. The Contractor shall not appoint sub-contractor to carry out the contractual

obligation in the Mess.

19. The Institute reserves the right to appoint any officers or officials to inspect the

quality and quantity of food stuffs prepared in the Mess. The Contractor shall

have to carry out the instructions given by the officer/official and non-compliance

of the instructions shall be treated as breach of this contract, for which penalty can

be imposed.

20. The Contractor shall keep a minimum of one week stock of all eatables/raw

materials like atta, sugar, tea powder, besan, oil, potatoes, onion, etc. Green

vegetables and milk shall be procured fresh everyday. The Contractor shall also

keep in ready stock condensed powder milk to meet any emergency. 21. The Contractor shall make available for inspection by the Institute's

representatives the quality and quantity of raw materials in stock and finished

products at any time as required by the Institute.

22. In the event of breach of any terms of contract or non-compliance or violation of

any of the provisions of any statute applicable and made applicable from time to

time, the Contractor will pay damages up to Rupees 25,000/- to the Institute,

besides other penalties imposed or to be imposed for such breach, non-compliance

or violation.

23. In the event of non-availability of items approved and notified or to be made

available in the Mess, the Contractor will be liable to pay a penalty of Rs10,000/-

(Rupees Ten Thousand) per day and if the Institute has to make arrangement to

get the necessary items from the open market and supply the entire cost thereof

along with the cost of procurement, overtime and allowances paid to

employees/staff shall be debited to the Contractor's account in addition to the

penalty of Rs.10,000/- (Rupees Ten Thousand) which will be deducted from the

bill.

24. In the event of lack of cleanliness and hygienic conditions in the Mess the

Contractor will be liable to pay a penalty of Rs.10,000/- (Rupees Ten Thousand )

per day to be deducted from the bill.

25. In the event of lack of prompt service leading to delay in completion of the

scheduled tea breakfast, and lunch, dinner timing penalty of Rs.5,000/- (Rupees Five Thousand ) for every such delay in tea breakfast, lunch and dinner timing

shall be deducted from the bill. The Contractor shall ensure that all employees

finish their tea, breakfast, lunch and dinner within their specified time and leave

the Mess within the prescribed time.

26. The Contractor shall ensure that peace, order and silence is maintained in the

Mess.

27. The Institute shall also supply to the contractor the equipments as may be

available at present with them free of any hire charges. In addition, Institute shall

also reimburse (Actual Cost) per annum towards breakage of equipments, if any

up to a maximum of 50% of actual cost. In case any more equipments is required

for running of Mess, the same shall be arranged by the Contractor at is own cost.

The Contractor shall be responsible for the proper use and upkeep of the various

articles etc. that may be supplied to him. These articles will be handed over to the

Institute in proper shape and in good condition at the time of termination of the

contract. Any damage/breakage/to these articles will be made good by the

Contractor. The mess utensils are to be cleaned with hot water using

detergent powder / soap / relevant cleaning material after every meal.

28. The preparation of eatables will be in branded groundnut oil ghee, atta, spices.

The list of goods brand with alternative shall be provided. Sugar will be used in

sweets. The preparation would be strictly in accordance with the provisions of

Prevention of Food Adulteration Act. In case there will be any violation of Food Adulteration Act, the Contractor will be liable for appropriate action and will also

furnish declaration/ undertaking to the appropriate authorities.

29. The contractor must have not been debarred and/or blacklisted by any Central /

Sales Govt. Department and should not have any litigation in any of the Labour

Courts or under the Prevention of Food Adulteration Act.

30. That the contractor will not sublet the work to any other agency.

31. The contractor will be responsible to obtain the license required to perform

catering and allied services. The contractor will be required to maintain all books

and registers, first aid box, display of notice etc. as required under any applicable

law.

32. The contract can be terminated by giving one month notice period by the Institute

and two month notice by the contractor.

33. The Institute shall be entitled to inspect and/or test through any or its

representative or an independent agency, any premises of the contractor and

materials stored therein for use pursuant to the contract and/or ingredient to be

used in the preparation of food intended for prevision.

34. If any material item or component intended to be used for the work is found to be

unsatisfactory in which matter the decision of the institute or its authorized

representative shall be final. The contractor shall not use such material and shall

keep the institute indemnified from and against any claim of infection, poisoning or illness from and bad state or defective food or material provided by the

contractor.

35. The contractor shall provide efficient, prompt, quality food, quality services, good

behaviour, hygienic condition and politeness of the caterer and his staff is the

essence of the contract. The caterer is required to supervise the operation at all

working hours and his manager or supervisor shall personally supervise

operations in the kitchen and dining area.

36. All the catering staff should be medically fit. They should be free from any

infectious diseases. The caterer shall get his employees medically examined time

to time and keep the records.

37. Smoking, tobacco consumption, drinking liquor etc. is strictly prohibited in the

entire campus.

38. In case of sick students the contractor shall be obliged to provide light food as

advised by the Doctor and no extra charge will be paid for that. When students

fast, special arrangement must be made.

39. In case any meal served for the institute's guest the contractor shall take sign on

memo of the guest or officer of the Institute accompanying the guest and attached

the copy of the same separately with the separate bill for payment.

40. The contractor is required to keep at least one attendant / mess worker per 20

student. 41. That the contractor will run the mess for about 600 numbers of students and staff,

the actual numbers may be vary depending upon actual admission and other

factors.

42. The Meal plan for “Standard Category” for Student Mess:

Meal (Timings) Menu (Suggested items for 600 persons) Breakfast Cornflakes with milk (hot or cold) (7:30 am to 9:00 am) Fresh Fruits/Juice, Spouted wheat’s Slices of bread plain & Toasted (Brown/White) Jam, Butter & Preserves of brand as specified Tea/Coffee/Milk (150 ml.) – Bournvita (or equivalent as approved) Idli Sambar/Dose/Uttapam or Stuffed Parantha/Puri Bhaji/Pav- Bhaji Samosa/Kofta/Kachori/Mirchi Wada and Jalebi Lunch One Seasonal vegetable with/without grave/ Paneer based (12:00 noon to 2:00 Dal/Kadi/Besan Gatta/Rajma pm) Plain Curd/Bundi Raita/Veg. Raita/Butter-milk/Milk made Kheer Rice – Plain/jeera/biryani/pulao Green salad, Papad Roti – Plain/Tandoori/Naan/Parantha/Puri Evening Tea . Tea, Veg Pakora/Bread Pakora/ Spring Roll/Samosa etc 5:00 PM Dinner One Seasonal vegetable with/without grave/ Paneer based (08:00 PM to 09:30 Dal/Kadi/Besan Gatta/Rajma/Pakoda/French Fries PM) Plain Curd/Bundi Raita/Veg. Raita/Milk-Kheer Rice – Plain/jeera/biryani/pulao/ Kheechdi Green salad, Papad Roti – Plain/Tandoori/Naan/Parantha Sweet Dish limited (about 50 grm., includes Ice-cream (100 grm).

 The student body shall decide the Menu to be served fortnightly basis in consultation with the contractor. In case of non-availability of particular item in the market the Menu can be changed mutually.

 Timing of the mess may be changed as and when required. All items except where specifically mentioned shall be without any quantity limits.

7. Kitchen waste management: The contractor will manage the daily kitchen waste management on his own and ensure proper disposal. In case the institute needs the kitchen waste for any purposes, the contractor should allow the use without any additional cost to the institute.

THE CONTRACTOR HEREBY FURTHER COVENANT AS FOLLOWS:-

1. The contractor agrees to execute, fulfil and discharge the work and obligations herein

after provided in the manner herein after agreed to the entire satisfaction of the

management of the Institute

2. Any infringement of any such instruction may render the contractor liable to be fined

which may extend up to Rs.5000/- in each case. The fine will be addition to the penalty

imposed in other clause. For unsatisfactory level of services notices during the inspection

by institute officials, a penalty of up to Rs.10000/- per day will be levied.

3. The contractor will execute and efficiently handle the work entrusted to him in

accordance with the specification as having been correctly executed and efficiently

handed until it is approved by the Institute.

4. In case the jobs entrusted / assigned to the contractor are not satisfactory, the contractor

shall be liable to change the same and in default whereof the contractor shall compensate

to the Institute.

5. The contractor will maintain proper account of the work assigned to him. 6. The contractor at his sole discretion will decide the number of workers to be engaged for

execution of work and will alone be entitled to dictate such workers about the manner of

the execution without any interference or instructions or intervention whatsoever of the

Institute. The institute will not have any concern with workers engaged by the contractors

nor will any of its officials supervise, dictate to the workers the manner of execution /

completion of the job.

7. The Institute will have privity of contract with the contractor only and will give

instructions to him and will have nothing to do or be concerned with the conditions of

employment of the workers working for the contractor.

8. The Institute will not retain any control, supervision or the manner of the discharge,

dismissal or retrenchment or re-employment of the workers engaged / employed by the

contractor.

9. The contractor will be liable for due observation of the statutory conditions or

requirement of labour laws as applicable to his workmen.

10. The contractor will get himself registered under Shops and Establishment Act or any

other law as applicable.

11. It will not be obligatory on part of the contractor either to work personally for the

execution of the job or to be present personally at the premises.

12. The contractor will obtain license under the Contract Labour (Regulation and Abolition)

Act according to the number of workers engaged by him by depositing the fees and complying with the formalities. He will also seek the renewal of the contract at or before

the expiry of the license.

13. The contractor will be free to work anywhere else or to undertake any contract provided

that he will remain responsible to the company for the due and efficient execution of the

job entrusted to him.

14. The contractor will ensure that he is covered under the Employees Provident Fund and

Miscellaneous Provisions Act and Employees' State Insurance Act having its independent

code number. Thus, he will ensure that all the legible employees are covered under these

Acts.

15. The contractor must comply as per laid down directions of the Government of India /

State Government regarding EPF and Miscellaneous Provisions Act 1952, Minimum

Wages Act 1948, Employees' State Insurance Act 1948, Payment of Bonus Act 1965,

Contract Labour (Regulation and Abolition) Act 1970, The Employees' Compensation

Act 1923, The Inter State Migrant Workmen (Regulation of Employment and condition

of Service) Act 1999, The Payment of Wages Act 1936, Prevention of Food Adulteration

Act and all other relevant statutory provisions at his own cost.

16. The contractor shall attach a copy of the challan of payment made with respective

authorities like EPF, ESI, Service Tax (if applicable) at the time of processing his

monthly bill.

17. The contractor will be liable not only to pay wages to his employees but the retrenchment

compensation, notice pay, leave encashment, gratuity or bonus as applicable and the

Institute will not be held liable for any obligation of the contractor. 18. The Institute will not, in any manner be responsible for any act, omission or commission

of the workers engaged by contractor and to claim in this respect will lie against the

institute. If any such claim is made against the Institute by any worker or his heirs

engaged / employed by the contractor, which the institute is obliged to discharge by

virtue of any statute or any provision of law and rules due to mere fact of the workers of

the contractor working at the institute premises or otherwise, the contractor will be liable

to indemnify / reimburse the institute all the money paid in addition to the expenses

incurred by him.

19. No accommodation for the Contractor or his/her employees shall be provided by the

Institute. Only few key/ essential persons ( not more than 10-TEN ) will be

permitted to stay inside the mess premises after the approval of the Director.

20. The duration of this contract is for a period from ...... from the date of

these covenants though the parties will have a right to extend the period to any extent to

which the parties may mutually agree before the expiry of the stipulated period.

21. In the event of non compliance or breach of any terms of the contract or unsatisfactory or

inefficient working, the institute will be at liberty to revoke the contract by a months

notice in writing.

22. If any dispute or difference of opinion arises between the parties in relation to or in

connection with this agreement they will undertake negotiation in good faith with a view

to resolving the matter. 23. That the contractor will give an affidavit and/or undertaking in favour of the principal

employer every following month to the effect that he has paid wages to his workers and

also complied with the provisions of the Employees Provident Fund and Miscellaneous

Provisions Act and Employees State Insurance Act. A pro-forma to this effect is enclosed

herewith as Annexure 'A' to this agreement.

24. If notwithstanding negotiation by and between the parties the dispute or difference of

opinion is not resolved, either party may refer the dispute, difference arising between the

parties out of or relating to the construction, meaning, scope, operation or effect of the

contract or the validity or the breach thereof by Arbitrator by Dr SS Gokhale, Director as

per provisions of the Arbitration and Conciliation Act 1996 in accordance with such

Rules of Arbitration as may be agreed between both the parties. The award by the sole

arbitrator in pursuance thereof shall be binding on the parties. The place of arbitration

shall be at Jaipur and language for the purpose of proceeding shall be in English.

25. A mess manager will be nominated by the contractor who will be present all the time

in the mess when it is operational. He will regulate the complete functioning of the

mess to include activities of mess staff.

IN WITNESS WHEREOF both the parties append their signatures in token of having accepted the above terms and conditions on the date, month and year as mentioned above.

First Party Contractor

Second Party Institute

Witnesses: 1.

2. ANNEXURE 'A'

I, ______S/O Shri ______Proprietor / Partner / Director ______do hereby declare and undertake as under:-

1. That the capacity of contractor by M/s. ______(description of principal

employer) have complied with the provisions of Contract Labour (Regulation and

Abolition) Act, 1970 in holding a valid license under the Act and the Rules thereto. I

have paid the wages for the month of ______to all my employees and no dues are

payable to any employees.

2. That I have covered all the eligible employees under Employees Provident Fund and

Miscellaneous Provisions Act and the Employees' State Insurance Act and deposited the

contribution under our code numbers for the following month and as such no amount

whatsoever is payble. The challans showing about the deposits made by us are enclosed

herewith.

3. I further declare and undertake that in case any liability pertaining to my employees is to

be discharged by the principal employer for my lapse. I undertake to reimburse the same

or the principal employer is authorized to deduct the same from my dues as payable.

Dated: Contractor