EXCISE DEPARTMENT GNCTD

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TENDER ISSUING DATE: 13.08.2021

Tender Issuing Authority:

Excise Commissioner DEPARTMENT OF EXCISE, ENTERTAINMENT & LUXURY TAX,L&N BLOCK, VIKAS BHAWAN, DEPARTMENT OF EXCISE, I.P. ESTATE, NEW – 110002 ENTERTAINMENT & LUXURY TAX,L&N BLOCK, Phone: 011- 23370868, 011-23370033 VIKAS BHAWAN, I.P. ESTATE, NEW DELHI – E-Mail: [email protected] 110002

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DISCLAIMER

This TENDER is not an offer by Department of Excise, Entertainment and Luxury Tax, Government of NCT of Delhi but an invitation to receive electronic proposals/e-bids from interested and eligible private business entities for grant of 12 zonal retail license in form L-7Z/L-7V for sale of Indian and Foreign Liquor (Except Country liquor) in NCT of Delhi. Mere participation in the e-tender shall not imply that the bidder will be a zonal license holder and the award of license obligations whatsoever shall not arise from the Tender process.

This e-tender is being issued with no financial commitment and Department of Excise, Entertainment and Luxury Tax reserves the right to withdraw the e-tender and change or vary any part thereof or foreclose the same at any stage.

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Abbreviations

Sl. No. Abbreviation Explanation 1. CCTV Closed Circuit Tele Vision

2. DD Demand Draft

3. DSC Digital Signature Certificate

4. EDP Ex-distillery Price

5. EMD Earnest Money Deposit

6. ESCIMS Excise Supply Chain Information System

7. GPS Global Positioning System

8. GNCTD Government of National Capital Territory of Delhi

9. H1 Highest bidder

10. HCR Hotel, Club and Restaurants

11. IS Indian Standards

12. LSC Local Shopping Centre

13. LOA Letter of acceptance of the tender

14. MRP Maximum Retail Price

15. NCT National Capital Territory

16. NDMC New Delhi Municipal Council

17. NIC National Informatics Center

18. NIT Notice Inviting Tender

19. PAN Permanent Account Number

20. WSP Wholesale Price

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Categories of licenses

S.No. Form Details of Licenses 1 L-1 Wholesale vend of Indian liquor, Foreign Liquor, Draught Beer 2 L-6 Retail vend of Indian Liquor in public sector 3 L-6FG Retail vend of Foreign Liquor in public sector to the holder of license in form L- 6. 4 L-6FE Retail vend of Foreign Liquor in public sector. 5 L-7 Z Zonal License for Retail vend of Indian Liquor, Foreign Liquor in Private Sector 6 L-7V Retail vend of Indian Liquor, Foreign Liquor in Private Sector in a Zone 7 L-7SP1 Super Premium Retail vend of Indian Liquor, Foreign Liquor

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Notice Inviting tender (NIT)

Tender Reference No.: (2)/Ex/IMFL/E-TENDER/2021-22 Date: 13.08.2021

Department of Excise, Entertainment and Luxury Tax, Government of NCT of Delhi invites zone wise electronic bids (e-bids) for grant of 12 Zonal retail Licenses of zones- 2,3,9,10,11,12,14,15,16,22,25,28, for supply of Indian and Foreign Liquor (Except Country Liquor) in NCT of Delhi during the year 2021-22. The participation fee, EMD details and timeline of Invitation for e-bids are as under:

Excise Commissioner DEPARTMENT OF EXCISE, ENTERTAINMENT & LUXURY TAX,L&N BLOCK, VIKAS BHAWAN, I.P. ESTATE, NEW DELHI – 110002

Phone: 011- 23370868, 011-23370033

E-Mail: [email protected]

Grant of 12 Zonal licenses of Retail vends of liquor for sale of Indian and Foreign Liquor (Except Country liquor) in NCT of Delhi for the year 2021-22

Tender Participation Fee Rs.10 lakhs per bid per zone (non-refundable) Earnest Money Deposit (EMD)* EMD is based on the number of zones, the applicant is going to bid for: In case, if any applicant wishes to participate in the bid for only one zone then he shall submit an EMD of Rs.30 crore. In case, if he wants to participate in bid for more than one zone, he shall submit EMD of Rs.60 crores. Bidders who have been declared H1/granted license in one zone, through the tender floated by the department vide Tender Reference No (1)/Ex/IMFL/E-TENDER/2021-22 dated: 28.06.2021,shall submit EMD of Rs 30 crores (irrespective of the number of zones for which bid has been submitted) This EMD will be refunded if the applicant does not win the bid. If the applicant does not accept the license after winning the bid within the stipulated time frame, the EMD amount shall stand forfeited.

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The EMD is payable through banker’s cheque / demand draft issued by a scheduled bank in favour of Excise Commissioner, GNCTD for 225 days payable at Delhi. Scanned copy of the Banker’s cheque / demand draft shall be uploaded on e-procurement portal by the bidder.

Date of Publishing the NIT 13th August, 2021 (Friday) Last date of submission of Pre-Bid 18th August, 2021 (Thursday) (16:00 hours) queries at email: [email protected] Date, Time and Venue of Pre-bid 19th August, 2021 (Friday) (12:00-1:00 PM) Meeting through Google Meet at https://meet.google.com/rme-jgdh-dcj e-Bid Submission Start Date and 25th August, 2021 (Wednesday) (10:00 hours) Time onwards e-Bid Submission End Date and 02nd September, 2021 (Thursday) (17:00 hours) Time Date, Time and Address for 02nd September, 2021 (Thursday) (15:00 hours) Submission of Banker’s in the drop box kept in the Accounts Branch, Cheque/Demand Draft for Department of Excise, Entertainment and Luxury participation Fee and EMD - Tax, Government of NCT of Delhi, L & N Block, banker’s cheque / demand draft Vikas Bhawan, IP Estate, New Delhi – 110002 issued by a scheduled bank in favour of Excise Commissioner, GNCTD for 225 days payable at Delhi.

Pre-qualification bid opening date 03rd September 2021 (Friday) (12:00 hours) in and time/Pre-qualification Conference room, Third Floor, Department of Excise, Entertainment and Luxury Tax, Government of NCT of Delhi, L & N Block, Vikas Bhawan, IP Estate, New Delhi – 110002 Financial bid Opening Date and Time TO BE INFORMED SUBSEQUENTLY.

Website for downloading the Interested candidates can download the tender Tender Document, Corrigendum’s, Document from: Addendums etc. https://govtprocurement.delhi.gov.in or https://delhiexcise.gov.in Contact person Name: Assistant Commissioner (Policy) name and Address: Department of Excise, Entertainment contact details and Luxury Tax, L&N Block, Vikas Bhawan, I.P. Estate, New Delhi-110002. e-mail ID: [email protected] Phone No.: 011- 23370868, 011-23370033 Page 7 of 51

In case, a participant fails to deposit: 1. Banker’s Cheque /Demand Draft as part of Tender participation Fee and 2. Banker’s cheque / demand draft issued by a scheduled bank in favour of Excise Commissioner, GNCTD for 225 days payable at Delhi on or before 02nd September, 2021 (Thursday) (15:00 hours) in the drop box kept in the Accounts branch, 2nd floor, Excise Department, L&N Block, Vikas Bhawan, IP Estate, New Delhi, the Bid of that participant shall be rejected.

All the tenderers are requested to have digital certificate and get themselves registered with the application service provider of NIC. The application service provider of NIC can be contacted for registration, training (if required) on any working day between 9.30 AM to 6.00 PM at:

HELP DESK e-tendering System 6th Floor, C-Wing, Vikas Bhawan-II (Near Metcalfe House), Civil Lines DELHI - 110054 (Monday-Friday 9.30 AM to 6.00 P.M.) Telephone No – 011-23813523

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1. INTRODUCTION

1.1 The Excise Policy for the year 2021-22 has been approved by the Government which aims to transform the consumer experience in Delhi, simplify the highly complex and heavily regulated excise structure ensuring ease of doing business in the overall trade and to eradicate the sale of spurious liquor/non-duty paid liquor in Delhi. The Government objective is also to allow the responsible players in the industry to carry out the trade transparently without resorting to any proxy model. The Excise Policy 2021-22 aims to ensure equitable access of liquor supply to all the Wards/area of Delhi so that there are no un-served and under-served localities.

1.2 A simplified duty and pricing mechanism has been devised by the Government in order to check smuggling and bootlegging of liquor. It also aims at creating ambience for legitimate and responsible drinking through the concept of age-gating and providing good quality liquor at reasonable price to those who drink.

1.3 The Government has decided that there will be no Government owned vends for retail sale of liquor and accordingly all the existing retail licenses in form L6, L6FG, L6FE will not be renewed. However, the country liquor vends shall continue to operate till the new Country liquor policy is framed. 1.4 The Government had floated a tender vide Tender Reference No (1)/Ex/IMFL/E- TENDER/2021-22 dated: 28.06.2021 and based on the bids received, the Government has identified H1 bidders for 20 out of the 32 zones for which the tender was floated. 1.5 The Excise Department is floating this 3 Cover tender having pre-qualification bid, technical bid and financial bid for grant of remaining 12 Zones (02, 03, 09, 10, 11, 12, 14, 15, 16, 22, 25 and 28) zonal retail licenses for the year 2021-22 (separate tender for each zone) through e-tendering process with the annual reserve license fees as the base license fees. A new zonal retail license in the form of L-7Z shall be granted to each zone operator/licensee through e-tender. License in Form L-7V will be granted for each retail vend to the zone operator/licensee holding license in the form of L-7Z enabling the licensee to operate specified number of retail liquor vends (Mandatory and Freehold vends) in the zone.

1.6 There will also be a new license in the form of L-7SP1 for 5 (five) Super Premium Retail Vends (L7SP1) in the NCT of Delhi. These five Super Premium licenses (L7SP1) will be tendered separately and these vends can be opened anywhere in the city. The winning entity of the separate e-tender process of 5 L-7SP1 licenses shall tie-up with any one or more of the zonal operators (excluding Airport Zone) and convert one of the existing vends (L-7V) into a super-premium vend by arriving at a mutual agreement with the zone operator holding license in the form of L-7Z.

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1.7 The timeline of the said floated tender for the grant of zonal licenses shall be as under: Date of Publishing the NIT 13th August, 2021 (Friday) Last date of submission of Pre-Bid queries 18th August, 2021 (Thursday) at email: [email protected] (16:00 hours) Date, Time and Venue of Pre-bid Meeting 19th August, 2021 (Friday) (12:00- 1:00 PM) through Google Meet at https://meet.google.com/rme- jgdh-dcj e-Bid Submission Start Date and Time 25th August, 2021 (Wednesday) (10:00 hours) onwards e-Bid Submission End Date and Time 02nd September, 2021 (Thursday) (17:00 hours) Date, Time and Address for Submission of 02nd September, 2021 (Thursday) Banker’s Cheque/Demand Draft for (15:00 hours) in the drop box kept participation Fee and EMD - original copy in the Accounts Branch, of Banker’s cheque / demand draft issued Department of Excise, by a scheduled bank in favour of Excise Entertainment and Luxury Tax, Commissioner, GNCTD for 225 days Government of NCT of Delhi, L & N payable at Delhi. Block, Vikas Bhawan, IP Estate, New Delhi – 110002 Pre-qualification bid opening date and time 03rd September 2021 (Friday) (12:00 hours) in Conference room, Third Floor, Department of Excise, Entertainment and Luxury Tax, Government of NCT of Delhi, L & N Block, Vikas Bhawan, IP Estate, New Delhi – 110002 Financial bid Opening Date and Time TO BE INFORMED SUBSEQUENTLY. Websites for downloading the Tender Interested candidates can Document, Corrigendum’s, Addendums download the tender Document etc. from: https://govtprocurement.delhi.gov.in or https://delhiexcise.gov.in Contact person Name: Assistant Commissioner name and (Policy) contact details Address: Department of Excise, Entertainment and Luxury Tax, L&N Block, Vikas Bhawan, I.P. Estate, New Delhi-110002. e-mail ID: [email protected] Phone No.: 011- 23370868, 011- 23370033

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In case, a participant fails to deposit the: 1. Banker’s Cheque/Demand Draft as part of Tender participation Fee and 2. Banker’s cheque/demand draft issued by a scheduled bank in favour of Excise Commissioner, GNCTD for 225 days payable at Delhi as proof of EMD on or before 02nd September, 2021 (Thursday) (15:00 hours) in the drop box kept in the Accounts branch, 2nd floor, Excise Department, L&N Block, Vikas Bhawan, IP Estate, New Delhi, the Bid of that participant shall be rejected.

All the tenderers are requested to have digital certificate and get themselves registered with the application service provider of NIC. The application service provider of NIC can be contacted for registration, training (if required) on any working day between 9.30 AM to 6.00 PM at:

HELP DESK e-tendering System 6th Floor, C-Wing, Vikas Bhawan-II (Near Metcalfe House), Civil Lines DELHI - 110054 (Monday-Friday 9.30 AM to 6.00 P.M.) Telephone No – 011-23813523

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2. OVERVIEW OF ELIGIBILITY REQUIREMENT FOR PARTICIPATION IN TENDER

2.1 Any private legal entity or individual who has proof of filing Income Tax Returns for the last three assessment years (2018-19, 2019-20 & 2020-21) is eligible to participate in the bid. 2.2 The entity willing to participate in the tender for retail vends should have net worth of at least Rs.6 crore, if the entity intends to participate in tender for one zone and net worth of at least Rs.12 crore, if the entity intends to participate in tender for more than one zone. Net worth of the entity shall be as defined in “The Companies Act, 2013”. In support of this eligibility condition, certificate declaring the net worth of the entity as on date, duly certified by a Chartered Accountant shall be submitted by the bidder. 2.3 No manufacturer or Wholesale (L-1) license holder will be eligible to bid for retail Zone/vend or vice versa. Similarly, the retail license holder should not have any manufacturing facilities/distilleries/breweries/wineries anywhere in the country or abroad either directly or through any sister concerns/related entities. For this purpose, sister concerns/related entities shall mean that the entities should not have common proprietor or partners or directors. Majority ownership (51% or more) of the proprietorship or partnership or company should not lie with the same person in all the entities. The entities should not have a holding-subsidiary relationship or should not be subsidiaries of the same holding company as defined in the Company’s Act, 2013. 2.4 Retail license shall not be granted to any company or society owned by any state Government or its undertaking. 2.5 The bidder quoting the highest annual license fee for each zone (H1) will be eligible for award of license for that zone. 2.6 No entity will be allocated more than two zones. Any entity, which has already been declared H1/ granted license for 02 zones for which tender was floated by the Government vide Tender Reference No (1)/Ex/IMFL/E-TENDER/2021-22 dated: 28.06.2021, is not eligible to apply in this tender. Any entity, which has already been declared H1/ granted license for 01 zone in the aforesaid tender can apply for any number of zones in this tender but shall be granted license for only 01 zone. 2.7 License shall only be granted to bidders who fulfill the criteria as per section 13 of the Delhi Excise Act, 2009.

3. TERMS AND CONDITIONS FOR GRANT OF L-7Z LICENSE

Zonal License in Form L-7Z for sale of Indian Liquor and Foreign Liquor & in Form L-7V for retail vend of Indian Liquor, Foreign Liquor in a Zone, in the National Capital Territory of Delhi shall be granted by the Government for the year 2021- 2022. The Terms and conditions for the grant of Zonal retail license L-7Z/L-7V are summarized as under:

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3.1 LICENSE FEE

3.1.1 Each zone shall be granted license in the form of L-7Z through e-tender process and the winning bidder shall pay the license fee as determined through e-tender. This is further subject to the security deposit as prescribed in the e-tender documents.

3.1.2 The bidder shall bid for the annual license fee for each zone and the H1 bidder for each zone who has quoted the highest annual license fee for the zone will be eligible for award of zonal license. The license fees for the first year will only be charged on a pro-rata basis from the scheduled date of commencement of business to the end of the fiscal year 2021-2022. For illustration, if there are 09 operative months left in the fiscal year after the scheduled date of commencement of business, the license fees will be payable only for 09 months calculated on the annual license fee. 3.1.3 The successful bidder for a zone shall provide a security deposit to match 25% of the pro-rata annual license fee as per provision laid down under sub-rule 48 (12) (a) of the Delhi Excise Rules, 2010 within one week of the date of issue of LOA, after adjusting the initial EMD. If a successful bidder fails to deposit the 25% security, the EMD shall stand forfeited. The bidder will also be blacklisted and prohibited from participating in any other bidding process for a period of two years. In case, the security deposit is less than the EMD, then the remaining amount will be adjusted towards the payment of license fee. Further, the 25% security deposited by the licensee shall be adjusted at close of the year. 3.1.4 The license fee of each zone shall be paid by the licensee in accordance with the provisions of Rule 48, wherein a licensee shall, by the 7th of the month in which he begins his business under his license and thereafter by the 7th of every subsequent month, pay in advance proportionate monthly prorata license fee till the whole fee is paid. He may, however, at any time, pay the whole amount due if he so wishes. 3.1.5 If a licensee defaults in paying the monthly advance license fee, either partially or fully, then he shall be liable to pay, on the sum due, a simple interest at the rate of 12% per annum from the date next following the day on which such payment became due. Further, if the default continues beyond the 15th day of the month, then an additional penalty at the rate of 0.1% per day on the sum due till the date of actual payment shall be levied. Further, if the licensee fails to pay all the dues (including interest and penalty) by the last day of the month then security deposit shall be forfeited and the license shall be cancelled and re-tendered. The licensee will also be blacklisted and prohibited from participating in any other tendering process for a period of two years. 3.1.6 License fee shall be for the entire zone in Form L-7Z. License in Form L-7V is only a sub-license of L-7Z and accordingly, L-7Z licensee shall have to pay the license fee for a zone as a whole, even if for any reason he chooses to set up less than the prescribed number of vends in form of L-7V in his zone. Page 13 of 51

3.1.7 The license fee may be increased on an annual basis to be determined by the Government every year. 3.1.8 The Licensee shall make all the payments to the department in connection with the operation of his License through online mode (e-challan) or by bank draft drawn in favour of Deputy Commissioner (Excise), Government of NCT of Delhi.

3.1.9 The Licensee shall not be entitled for any interest or any other relief or compensation on account of any delay in the payment of any amount due to him by the Government.

3.2 DISTRIBUTION OF RETAIL VENDS IN DELHI:

3.2.1 For the purpose of retail sale of liquor, the area of Delhi is divided into 32 pre- defined zones. Detailed distribution of zones is as under: (i) The 272 wards in 68 Assembly Constituencies are divided into 30 zones. Each zone shall have 9-10 wards and shall be allowed to have a maximum of 27 retail vends (L-7V), having on average 3 retail vends in each ward. However, each zone operator (L-7Z licensee) will have to operate 2 ‘mandatory vends’ in each ward allocated in the zone and the remaining vends will be ‘freehold vends’ that can be operated anywhere within that zone. (ii) The New Delhi Municipal Council (NDMC) Area and Delhi Cantt. Assembly Constituencies do not have Wards and 29 vends shall be allocated for New Delhi Municipal Council (NDMC) Area and Delhi Cantt. Assembly Constituencies together. (iii) There shall be 10 retail vends at the Indira Gandhi International Airport. 3.2.2 The distribution of L-7V retail vends in wards shall be as under:

Manda- Manda- Freehold Vends Wards Total Wards tory Free- tory Vends in in Total in Manda- # Zones Alloca- Vends hold Vends each each Vends each tory ted in each Vends in each Zone Zone Zone Vends Ward Zone (approx)

MCD 30 27 810 272 9* 2 544 266 18* 9* Area

NDMC and Canton 1 29 29 0 0 0 0 0 0 0 ment Area

Delhi 1 10 10 0 0 0 0 0 0 0 Airport

Total 32 849 272

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*NOTE: Due to rounding off, Zone 22 and Zone 25 will have 10 Wards each while the other 28 zones will have 9 wards each. However, each zone will have exactly 27 vends.

3.2.3 WARD WISE DISTRIBUTION AND ANNUAL RESERVE LICENSE FEE PER ZONE FOR THE 12 ZONES:

Annual Reserve license fee for the zone for the S.No. ZONE WARD NO. Ward Name No of retail year 2021-22 vends in zone (in Rs. Crores) 101-S SARITA VIHAR

015-E SHAKARPUR 007-S VISHNU GARDEN

27 L-7V retail 097-N BALJIT NAGAR vends 098-N WEST PATEL NAGAR 1 ZONE-2 (9 wards) 223 074-S DAKSHIN PURI 055-E HARSH VIHAR 061-E KARAWAL NAGAR-WEST ANAND VIHAR 018-E

006-S TAGORE GARDEN

098-S JAITPUR 012-S KESHOPUR

27 L-7V retail VIKASPURI 020-S vends (9 wards) 2 ZONE-3 027-N BUDH VIHAR 225 076-N SANGAM PARK 103-N INDER PURI 033-E SUNDER NAGRI TRILOKPURI-EAST 002-E

034-S NANGLI SAKRAWATI

035-S KAKRAULA 095-S BADARPUR

27 L-7V retail 039-S CHHAWLA vends (9 wards) SWAMI SHARDA NAND 020-N COLONY 3 ZONE-9 225

012-N TIMARPUR 040-N NITHARI 055-N MANGOLPURI-B RAGHUBARPURA 027-E

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018-S MILAP NAGAR

027-S NAWADA 037-S MATIALA

27 L-7V retail 002-N BAKHTAWARPUR vends 4 ZONE-10 (9 wards) 028-N RITHALA 221 064-N PITAMPURA 067-N PASCHIM VIHAR 057-S LAJPAT NAGAR 034-E NEW SEEMAPURI 085-N JAMA MASJID

065-N SARASWATI VIHAR 006-N KADIPUR

27 L-7V retail 093-N PAHAR GANJ vends 5 ZONE-11 (9 wards) 046-E GHONDA 222 022-S SAINIK ENCLAVE 043-S 002-S PUNJABI BAGH 024-S BAPRAULA 058-S KASTURBA NAGAR

096-N RANJIT NAGAR 071-N TRI NAGAR

27 L-7V retail 030-E JHILMIL vends SHASTRI PARK (9 wards) 025-E

6 ZONE-12 225 001-S MADIPUR 004-N HOLAMBI KHURD MADANGIR 079-S

SITAPURI 017-S

MUKHERJEE NAGAR 015-N

018-N DHIRPUR

27 L-7V retail 024-N ROHINI-A vends DEV NAGAR (9 wards) 094-N

7 ZONE-14 228 SUBHASH 048-E MOHALLA 069-S VASANT KUNJ 084-S SANGAM VIHAR-D 056-S SIDHARTH NAGAR 085-S SANGAM VIHAR-E Page 16 of 51

062-N SHALIMAR BAGH -NORTH

063-N SHALIMAR BAGH -SOUTH 082-N ANAND PARBAT

27 L-7V retail 053-N ROHINI-E vends 8 026-E KANTI NAGAR (9 wards) ZONE-15 025-S MOHAN GARDEN-SOUTH

026-S MOHAN GARDEN-NORTH 223 088-S CHIRAG DELHI 052-S MAHAVIR ENCLAVE 003-N ALIPUR

001-N NARELA 068-N KOHAT ENCLAVE

27 L-7V retail 075-N ASHOK VIHAR vends 9 ZONE-16 (9 wards) 050-E BABARPUR 222 029-S BINDAPUR 042-S DICHAON KALAN 023-S VIKAS NAGAR 071-S SAID-UL-AJAIB 019-E I.P. EXTENSION

052-E JOHARIPUR 056-E SHIV VIHAR

27 L-7V retail 079-N SHASTRI NAGAR vends ROHINI-D (10 wards) 034-N

SULTANPURI-A 10 ZONE-22 045-N 225

056-N MANGOLPURI-C

TUGHLAKABAD 082-S EXTENSION 008-S KHYALA ABUL FAZAL ENCLAVE 102-S

046-N MANGOLPURI-D

042-E SEELAMPUR 014-E LAKSHMI NAGAR

27 L-7V retail 008-E KALYAN PURI vends 011-E MAYUR VIHAR PHASE-II 11 ZONE-25 (10 wards) 220 080-N SADAR BAZAR 090-N BALLIMARAN 094-S PUL PEHLADPUR 044-S 089-S SRI NIWAS PURI Page 17 of 51

043-E GAUTAM PURI

044-E BHAJAN PURA 047-E BRAHAM PURI

27 L-7V retail 049-E KARDAM PURI vends 12 ZONE-28 (9 wards) 076-S DEOLI 223 026-N VIJAY VIHAR 089-N QURAISH NAGAR 036-S DWARKA - A 011-S PRATAP NAGAR

3.3 HOURS OF SALE AND DRY DAYS

3.3.1 Sale of Indian liquor and foreign liquor shall be allowed between 10.00 A.M and 10.00 P.M. only. However, vends located at the airport shall be allowed to operate round the clock.

3.3.2 The Government shall declare any day as dry day in accordance with Rule 52 of the Delhi Excise Rules, 2010. The L-7Z Licensee shall not be entitled to any compensation or relief due to any increase in the number of Dry Days or due to change in the hours of sale of Indian and Foreign liquor in the retail vend in the form of L-7V during the licensing year 2021-22.

3.4 LICENSED PREMISES

3.4.1 The L-7V retail vend in a zone should not be located within 100(One Hundred only) meters from the following:- a. Major Educational Institutions (Middle and Higher Secondary Schools and Colleges and other Institutions of higher learning, recognized by the Govt. of NCT of Delhi or Govt. of ). b. Religious Places having pucca structure with a covered area of more than 400 (Four Hundred only) sq. ft. c. Hospitals with fifty beds and above.

3.4.2 The carpet area of the licensed premises of the retail vend holding license in form L-7V should not be less than 500 sq. feet (An exception with the approval of the Government could be made only for vends in non-conforming areas) and not more than 2000 Sq Feet.

3.4.3 The retail vends can be opened in any of the markets, malls, commercial roads/areas, local shopping centre (LSCs) etc. as long as the standard rules and regulations of opening a new vend in Delhi is followed which includes restrictions on opening vends within a specified distance of schools, religious places, educational institutions etc.

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3.4.4 Every vend shall provide a walk-in experience and designed accordingly. To illustrate, customers will not be allowed to crowd outside the vend or in the pavement and buy through the counter. Each customer to be given access inside the vend and the entire selection and sale process to be completed within the vend premise. The vends shall have closed glass doors.

3.4.5 Vends will need to be air conditioned and well lit.

3.4.6 Each vend will have CCTV cameras installed inside and outside the vend and the recording shall be maintained minimum for a period of one month.

3.4.7 Adequate security arrangements shall be made by the licensee in and around each vend.

3.4.8 Licensee shall be responsible for maintenance of law and order around their vend. In case the vend causes nuisance in the neighbourhood and any complaint is received by the Government, the license of that particular vend may be cancelled. However, the license fees for the zone will remain the same.

3.4.9 The Licensed premises shall have adequate storage facilities, proper Electrical Fittings and shall be duly insured against Fire and Natural Hazards.

3.4.10 The license premises shall not lie in a non-conforming area. In case, the proposed premises lies in a non-conforming area, the same may be considered with the prior approval of the Government.

3.4.11 The licensee will have to ensure compliance of all the terms and conditions of the license including the following:

a. Timely payment of fees. b. Ensuring walk-in retail experience. c. No major complaints from the nearby community against the shop. d. Neighborhood should not experience any disturbance due to the vend. e. Maintenance of law and order and good conduct in their vicinity f. Ensuring no spurious liquor is sold. g. Ensuring no brand pushing to consumers. h. Ensuring consumers have choice of brands in their vend. i. Mandatory purchase of supply from L1 license holders in Delhi etc. and no direct purchase from manufacturers. j. Ensuring no underage person is sold alcohol and an ID check is conducted when necessary. k. Licensee will ensure no dry snacks or cooked food outlet gets opened right outside the shop which encourage people to drink and loiter around the shop itself. Page 19 of 51

The compliance of license parameters and maintenance of law and order in the vicinity of his vends shall be an important parameter to decide whether his zonal license would be renewed at the end of year. 3.4.12 The shops (L7V) in the allotted zone (L7Z) shall be established as per the approved terms and conditions. Before establishment of shop on such site, the licensee shall furnish the original document to prove that he is the owner of such site or has taken the site on rent , by way of original sale deed in case of ownership and registered rental agreement in case of rented premises. Further, the premise must adhere to all the terms and conditions approved by the Government. 3.4.13 The licensee shall open the mandatory and freehold retail vends holding license in form L7V after issuance of the zonal license. The L-7Z licensee shall open the individual L-7V vends in the stipulated wards of the awarded zone, intimating the department the name of the vend, address of the vend, details of assembly constituency, ward no, ward name, latitude and longitude of the proposed premises, a blueprint of the premises duly certified by registered architect, mandatory fire insurance of the proposed premises and other statutory requirements in accordance with rule 51 of the Delhi Excise Rules, 2010.

3.5 OTHER CONDITIONS OF LICENSE

3.5.1 After the completion of the tendering process, the L-7Z licensees will be given two week’s time to submit their inputs regarding the MRP to the Excise Commissioner. The Excise Commissioner will fix MRP for each product after taking into account the inputs from L-7Z and L-7SP1 licensees and the price of the product in the neighbouring States i.e , Uttar Pradesh, Punjab and Rajasthan. The Excise Commissioner will also provide an opportunity of being heard to each L7Z and L-7SP1 licensee as prescribed in Rule 54. Similar process will be followed at the time of introduction of new brands during the course of the year. The licensee is free to give concession, rebate or discount on the MRP.

3.5.2 L-7V licensees are eligible for retail sale of Indian liquor and Foreign liquor to individuals for consumption “off” the premises and to all license holders of Hotels, Clubs, Restaurants, Permit Holders etc in form of L-15, L-16, L-17, L-19, L-20, L- 21, L-28, L-29, L-38, P-10, P-10E and other licenses/permits as permitted by the Excise Commissioner.

3.5.3 The L-7V Licensee shall procure Indian and Foreign liquor from L-1 Licensee only, through ESCIMS. Page 20 of 51

3.5.4 Every license shall be granted subject to the conditions that the Licensee shall comply with the provisions of the Delhi Excise Act, 2009, the Rules framed there under, terms and conditions for grant of L-7Z and L-7V License and orders issued by the Excise Commissioner from time to time.

3.5.5 Stringent penal action will be taken against the licensee if any of the license conditions is not complied with, including but not limited to immediate cancellation of the license of the particular vend with no reduction of license fees for the entire zone.

3.5.6 The licensee will ensure that the operation of L-7V Vend is totally computerized having facility of bar-code scanners. Billing shall only be through automatic decoding of bar codes through the scanners. The Excise Department, GNCTD has an agreement with Security Printing Press, Hyderabad (SPPH) a unit of Security Printing and Minting Corporation of India Limited (SPMCIL) for supply of Excise Adhesive Labels (EALs) having advanced technology and high security features i.e. anti-counterfeiting special tag printing ink, mark with 3-D features and Online verification of labels with Checko App used in the printing of EAL. The licensee shall provide necessary IT infrastructure in regard to scanning of EALs for doing retail sale.

3.5.7 The Zonal licensee shall maintain appropriate records as specified by the Excise Department for retail vends in Form F-2, Form F-3 and Form F-25.

3.5.8 The Licensee shall give to the Deputy Commissioner (Excise) a declaration in writing by the 8th day of every month certifying that he has cleared all outstanding excise revenues and other dues recoverable from him. The Deputy Commissioner (Excise) or any Assistant Commissioner/Excise officer may refuse to issue any passes or permits to the licensee in the absence of such declaration or any sufficient reasons, to be recorded in writing, if he has reasons to believe that the Licensee has not, on demand paid any dues recoverable or dues payable on account of undue pecuniary benefits obtained by the License holders due to furnishing of wrong information or/and suppressing the material information furnished to the Department at the time of initially applying for the License. The L-7Z & L-7V licensee shall not be entitled to any compensation or relief on account of such refusal.

3.5.9 The zonal licensee shall submit monthly statement as prescribed in Form F-11, of sale of Indian and Foreign liquor separately by the 7th day of every following month.

3.5.10 For implementation of the Excise Supply Chain Information Management System (ESCIMS), the standard operating procedures for barcoding shall be made available to all L-7Z & L-7V licensees. The licensee shall be required to procure, install and make necessary provisions for IT and non-IT infrastructure at the licensed premises for successful implementation of the Excise Supply Chain Information Management System. Page 21 of 51

3.5.11 The licensee must install CCTV Cameras at appropriate places with the minimum coverage of 50 meters in and around the store and archival period of minimum 30 days.

3.5.12 The L-7V licensee may be allowed to issue P-10/P-10E permits.

3.6 RENEWAL OF LICENSE 3.6.1 The retail licenses shall be renewable subject to timely payment of license fee, compliance of all the rules and regulations and terms and conditions including those mentioned in para 3.4.11 as approved by the Government.

3.6.2 The renewal of L-7Z Licenses will be subject to fulfilling of all the Terms and Conditions applicable for grant of fresh License and deposit of security deposit as prescribed by the Government. The Government reserves the right to review the Terms and Conditions for grant as well as renewal of licenses in the form L- 7Z. The Government shall be under no obligation whatsoever to renew the licenses granted under the provisions of Delhi Excise Act, 2009, Delhi Excise Rules, 2010 and terms and conditions framed thereunder.

3.6.3 No person to whom License has been granted shall be entitled to claim renewal thereof and no claim shall lie for damages or otherwise in consequence of any refusal to renew a License on the expiry of the period for which the same remains in force.

3.6.4 The license fee may be increased on an annual basis to be determined by the Government every year.

3.7 POWER TO SUSPEND OR CANCEL LICENSE AND FORFEITURE OF SECURITY

3.7.1 The Authority granting L-7Z/L-7V license may suspend or cancel the license as per provisions of the Delhi Excise Act, 2009 , rules made there under and the terms and conditions for grant of license.

3.7.2 The Licensing Authority may order forfeiture of part or whole of Security Amount and EMD deposited in case of breach of any of the Terms and Conditions of L- 7Z/L-7V License.

3.7.3 In case of a surrender of a retail license by a zonal licensee, the security deposit shall be forfeited and the zone will be re-tendered and the said licensee will also be prohibited from participating in any other bidding process for a period of two years.

3.7.4 The provisions of the Delhi Excise Act, 2009 and Delhi Excise Rules, 2010 and all orders/directions issued there under shall be deemed to form an integral and Page 22 of 51

inseparable part of the Terms and Conditions as if they were expressly set out in the Terms & Conditions for grant of L-7Z/L-7V license. Applicants are also hereby advised to access, read and understand the same before applying.

3.8 PROHIBITION

3.8.1 In pursuance of the Directive Principles of the State Policy relating to prohibition as contained in Article 47 of the Constitution of India, the Government may issue orders and directions from time to time and such orders and directions shall be binding on the Licensee and no compensation shall be payable on that account.

3.8.2 The Licensee shall inter-alia abide by the following prohibitory measures namely: i. The licensee shall display a notice board prominently in front of the licensed premises declaring that “Drinking of Liquor is injurious to Health”.

ii. The Licensee shall neither sell liquor to persons who are below the prescribed age nor shall employ any person under the age of 21(twenty one) years or suffering from contagious disease.

iii. The Licensee shall not advertise any liquor product or any products having similar nomenclature of a liquor brand in the electronic media, unless such advertisement conforms to the Programme Code and Advertisement Code as laid down in the Cable Television Network (Regulation) Act, 1995 (7 of 1995) and the rules made there under. However, in-Shop branding shall be permitted only as per the Delhi Excise Rules, 2010.

iv. No person shall print or publish in any newspaper, book, booklet, leaflet or any other publication or otherwise display or distribute any advertisement or other material soliciting the use of or offering any liquor or intoxicating drug or any other product having nomenclature similar to a liquor brand.

3.9 FURNISHING OF INFORMATION

The Licensee shall be bound to furnish any information in connection with L-7Z/L- 7V License truly and faithfully within the time prescribed by the Commissioner or the Deputy Commissioner or Assistant Commissioner or Excise Inspector. Any refusal to furnish the information, furnishing of false information or non- compliance of the orders will be regarded as breach of the Terms and Conditions of the License. Breach of Terms and conditions may also result in non-issue of Transport Permits or suspension/cancellation of License.

4. EARNEST MONEY DEPOSIT 4.1 The Bidder shall furnish, as part of his bid, an Earnest Money Deposit (EMD) by means of banker’s cheque / demand draft issued by a scheduled bank in favour of Excise Commissioner, GNCTD for 225 days payable at Delhi. Scanned copy of Page 23 of 51

the Banker’s cheque /demand draft shall be uploaded by the bidder as part of the prequalification requirement. The original copy of the EMD through banker’s cheque/demand draft shall be deposited by the bidder in the Accounts Branch, Excise Department, GNCTD before the prescribed date and time as per para 1.6 of the tender document. No Bidder is exempted from furnishing the said EMD. The currency of the EMD shall be Indian Rupees (INR) only. The EMD amount is Rs.30 Crores for one zone and Rs.60 Crores for more than one zone. Bidders who have been declared H1/granted license in one zone, through the tender floated by the department vide Tender Reference No (1)/Ex/IMFL/E- TENDER/2021-22 dated: 28.06.2021,shall submit EMD of Rs 30 crores (irrespective of the number of zones for which bid has been submitted) . 4.2 If any applicant wishes to participate in the bid for only one zone then he shall submit an EMD of Rs.30 crore. If he wants to participate in bids for more than one zone, he shall submit EMD of Rs.60 crore. If the applicant does not accept the license after winning the bid within the stipulated time frame, the EMD amount shall stand forfeited. Bidders who have been declared H1/granted license in one zone, through the tender floated by the department vide Tender Reference No (1)/Ex/IMFL/E-TENDER/2021-22 dated: 28.06.2021,shall submit EMD of Rs 30 crores (irrespective of the number of zones for which bid has been submitted)

4.3 Bids received without the EMD shall be rejected outright as non-responsive. No further communication from the Bidder, in this regard, shall be entertained by Department Of Excise. Participation fee of Rs.10 lakhs shall also be forfeited.

4.4 No interest shall be payable by Department Of Excise for the sum deposited as EMD. 4.5 The EMD shall be forfeited in the following cases: i. Any information submitted by the Bidder is found to be incorrect / forged. ii. If bid is withdrawn during the validity period or any extension agreed by Department Of Excise and Bidder thereof. iii. If the bid is modified in a manner not acceptable to Department Of Excise after opening of the bid. iv. If the Bidder tries to influence the evaluation process. v. If the successful Bidder fails to accept the LOA and deposit the 25% security deposit within the prescribed time-limit. 4.6 In case of unsuccessful Bidder, earnest money deposited will be released on request from the Bidder on a date subsequent to the grant of license to the successful Bidder.

5. TENDER PROCESS FOR GRANT OF THE ZONAL LICENSES Page 24 of 51

5.1 License for each zone will be allotted through a three cover e-tender process comprising of Pre-qualification, Technical qualification and Financial bid with the annual reserve license fee as the base license fee for each zone.

5.2 A non-refundable participation fee of Rs.10 lakh (Rupees ten lakh only) per bid is prescribed for each valid bid per zone.

5.3 Separate e-tender is being floated for each of the 12 zones. An entity is free to bid for as many zones as it chooses including all the 12 zones subject to payment of appropriate EMD.

5.4 The order of opening of technical and financial bids of the zones will be decided through a draw of lots in the presence of the prequalified bidders or their authorized representatives.

5.5 As and when any particular entity is declared H1 bidder for two zones (including the zones allocated in Tender Reference No (1)/Ex/IMFL/E-TENDER/2021-22 dated: 28.06.2021), the said entity will be technically disqualified for the bids of all the remaining zones.

5.6 The successful bidder for a zone shall provide a security deposit to match 25% of the pro-rata annual license fee as per provision laid down under sub-rule 48 (12) (a) of the Delhi Excise Rules, 2010 within one week of the date of issue of LOA, after adjusting the initial EMD. If a successful bidder fails to pay the security deposit within the stipulated time, the EMD shall stand forfeited. The bidder will also be blacklisted and prohibited from participating in any other bidding process for a period of two years. In case, the security deposit is less than the EMD, then the remaining amount will be adjusted towards the payment of license fee.

5.7 The L-7Z licensee will get a time of 60 days from the date of issue of L-7Z license to commence business in all his vends. The vends in a particular zone shall start operations on or after the 60th day. The scheduled date of commencement (60 days from the date of issue of L-7Z license) will be non-negotiable and if any licensee is unable to start operations (partially or fully) by then, he will still be liable to pay the license fee for the first and subsequent months.

5.8 If the licensee is found being engaged in major malpractices, its entire zone license will be cancelled immediately, the licensee shall be blacklisted and retail license for the zone will be re-tendered thereafter.

6. PROCEDURE TO APPLY

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6.1 The applicants can participate in e tender for each zone through the web site https://govtprocurement.delhi.gov.in which enables the bidders to view and download, and to submit e-Bids online up to the last date and time mentioned in e-tender document. The bidders can also download the tender document from the department’s website: https://delhiexcise.gov.in.

6.2 The applicant applying for grant of L-7Z License shall participate in e-tender of each zone by paying a non-refundable participation fee of Rs. 10,00,000/- (Rupees Ten Lakh only) through Banker’s cheque / demand draft issued by a scheduled bank in favour of Excise Commissioner, GNCTD payable at Delhi. The original Banker’s cheque / demand draft, shall be dropped by the Bidder in the box provided for the purpose in Accounts Branch, Excise Department, GNCTD, before the prescribed date and time as per para 1.6 of the tender document. Scanned copy of the Banker’s cheque com demand draft shall be uploaded by the bidder as part of the prequalification requirement

6.3 The Bidder shall furnish, as part of its bid, an Earnest Money Deposit (EMD) by means of a Banker’s cheque / demand draft issued by a scheduled bank in favour of Excise Commissioner, GNCTD for 225 days payable at Delhi. Scanned copy of the Banker’s cheque com demand draft shall be uploaded by the bidder as part of the prequalification requirement. The original Banker’s cheque / demand draft, shall be dropped by the Bidder in the box provided for the purpose in Accounts Branch, Excise Department, GNCTD, before the prescribed date and time as per para 1.6 of the tender document. No Bidder is exempted for from furnishing the said EMD. The currency of the EMD shall be Indian Rupees (INR) only. The EMD amount is Rs.30 Crores for one zone and Rs.60 Crores for more than one zone. Bidders who have been declared H1/granted license in one zone, through the tender floated by the department vide Tender Reference No (1)/Ex/IMFL/E-TENDER/2021-22 dated: 28.06.2021,shall submit EMD of Rs 30 crores (irrespective of the number of zones for which bid has been submitted)

6.4 In case of unsuccessful Bidder, earnest money will be released on request form the Bidder on a date subsequent to the grant of license to the successful Bidder. If the applicant does not accept the license after winning the bid within the stipulated time frame, the EMD amount shall stand forfeited.

6.5 Documents required to be submitted/uploaded by the applicant: The applicant shall be required to submit/upload the following documents along with the application as requirement for evaluation of the bidders in pre-qualification bid :-

6.5.1 Duly filed applicant details as per Annexure A - DETAILS OF THE APPLICANT.

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6.5.2 Proof of deposit/submission of non-refundable participation fee— Scanned copy of the Banker’s cheque / demand draft.

6.5.3 Proof of deposit/submission of Earnest Money Deposit (EMD) -- scanned copy of Banker’s cheque / demand draft.

6.5.4 Copy of Permanent Account Number (PAN) card of the applicant.

6.5.5 Self attested copies of filed Income Tax Returns for the last three assessment years (2018-19, 2019-20, 2020-21) as a proof for filing Income Tax.

6.5.6 Copy of the certificate declaring the net worth of the entity as on date, duly certified by a Chartered Accountant.

6.5.7 VAT registration certificate issued by VAT Department, GNCTD or an undertaking that the successful licensee shall obtain the VAT registration online before the commencement of business (only for new applicants with no existing VAT registration in Delhi).

6.5.8 No-dues certificate from Excise Department, GNCTD (in case of existing retail licensees/wholesalers) from the concerned authority;

6.5.9 Self attested copy of the PAN card in case of proprietorship firm, partnership deed in case of partnership firm (tender shall contain the names of all the partner & No such tender shall be entertained unless it is signed by all the partners and is accompanied by copy of the partnership deed), Registration certificate in case of Registered Company/Limited Liability Partnership (LLP) firm etc., as the case may be and, duly attested by Gazetted officer in case of LLP.

6.5.10 A duly notarized Affidavit in the format as illustrated in Annexure B stating that

(a) I/we am/are qualified as per the prescribed subsections under Section 13 of the Delhi Excise Act, 2009 for grant of license in Form L-7Z/L-7V and am/are not debarred on any of the set statutory requirements as laid down in Delhi Excise Act, 2009 and Delhi Excise Rules, 2010.

(b) I/we am aware that the provisions of the Delhi Excise Act, 2009 and Delhi Excise Rules, 2010 and all orders/directions issued there under will be deemed to form an integral and inseparable part of the Terms & Conditions for grant of L- 7Z/L-7V license.

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(c) I/We declare that none of the Directors/Partners/Proprietor of the applicant’s company/firm is also a Director/Partner/Proprietor of any other company or firm which is having L-1 license in Delhi or Director/Partner/Proprietor in any manufacturing facilities/ distilleries/ breweries/wineries anywhere in the country or abroad either directly or through any sister concerns/related entities.

(d) I/We declare that none of the Directors/Partners/ Sole Proprietor of the applicant’s company/firm is also a Director/Partner/Proprietor of any other company or firm which is participating in the e-tender process for grant of zonal license.

(e) I/we have not been debarred/ disqualified/ blacklisted from holding an excise license for supply/sale of liquor by any Government Department or Department of Excise of any state.

(f) I/We am/are not in violation of any excise rules in any of the states where I am a licensee.

(g) I/we understand that failure to furnish the documents before the stipulated deadline or furnishing false documents will be sufficient ground for cancellation of the deemed status of the provisional highest Bidder and that I will be liable for criminal proceedings under relevant provisions of the Indian Penal Code, 1860 for furnishing false documents.

(h) I/we am/are aware that the Licensing Authority may order forfeiture of part or whole of Security Amount in case of breach of any of the Terms and Conditions of L-7Z/L-7V License.

(i) I/we am/are aware that in case of a surrender of L-7Z license, security deposit deposited at the time of award of license will be forfeited and the zone will be re- tendered and that I/we shall be prohibited from participating in any other bidding process for a period of two years.

(j) I/we have not been convicted in any criminal case.

6.5.11 The duly filled checklist as per Annexure C – PRE-QUALIFICATION CRITERIA shall be uploaded along with the documents/undertakings.

6.6 All pages of the documents submitted by the bidder shall be signed by the authorized signatory and shall also be affixed with the applicant entity’s stamp.

6.7 The registered bidder shall also be required to sign, scan and upload all pages of this tender document acknowledging the following:-

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6.7.1 The bidder accepts all the terms and conditions as per the tender document and shall be bound to comply with the same.

6.7.2 Bidder or his associate is familiar with and understands the e-tender process on website and has the technical knowledge and human resources to participate in e-tender process;

6.7.3 Bidder has access to hardware and internet connectivity for participating in e- tender process;

6.7.4 Bidder shall honour each bid digitally signed and submitted by the bidder in e- tender;

6.7.5 The onus of online application and submission of genuine, stipulated documents during registration lies on the bidder;

6.7.6 In case of any grievances arising in course of the e-tendering process, the Bidder shall abide by the decision of the Excise Commissioner.

6.8 The information as required for this purpose in the application form shall be furnished with complete details truly and faithfully as to enable processing the applications for grant of L-7Z license. The applicants shall not be entitled to any relief for compensation on account of delay in the finalization of case for the grant of L-7Z License.

7. Pre-Bid Meeting

7.1 Excise Department shall hold a pre-bid meeting with the prospective Bidders on the prescribed date and time as per para 1.6 of the tender document through online platform.

7.2 The Bidders will ensure that their pre-bid queries with regard to the E-Tender to be addressed by Department of Excise during the Pre-Bid meeting shall reach by email- on or before the prescribed date and time as per para 1.6 of the tender document to the officer whose details are provided below (Nodal Officer):

Assistant Commissioner (Policy, Excise), Department of Excise, Entertainment and Luxury Tax, L&N Block, Vikas Bhawan, I.P. Estate, New Delhi-110002 e-mail: [email protected]

7.3 Bidders should prepare an excel sheet in the following format to submit their Pre- Bid Queries to Department of Excise:

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Sl. Clause Original Points on which Reason for No. No, Page clause as in Clarification amendment (if No. of e E-TENDER /amendment any) tender document required

1 2 3 4

8. RESPONSE TO PRE-BID QUERIES AND ISSUE OF CORRIGENDUM 8.1 The Nodal Officer notified by Department of Excise will endeavor to provide timely response to all queries. However, Department of Excise makes no representation or warranty as to the completeness or accuracy of any response made in good faith. 8.2 At any time prior to the last date for receipt of bids, Department of Excise may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the E-Tender document by issuing a corrigendum. 8.3 The corrigendum (if any) & clarifications to the queries from all Bidders will be posted on the e-procurement portal and emailed to all participants of the pre-bid conference 8.4 Any such corrigendum shall be deemed to be incorporated into this E-Tender. 8.5 In order to afford prospective Bidders reasonable time in which to take the corrigendum into account in preparation of their bids, Department of Excise may, at its discretion, extend the last date for the receipt of e-tender Bids. 9. PREPARATION AND SUBMISSION OF BIDS IN A THREE COVER TENDER 9.1 Language of Bid: The bid document prepared by the bidder, as well as all correspondence and documents relating to the e-Bid exchanged by the bidder and Department of Excise shall be written in English only. 9.2 Documents constituting the 3 cover e-Bid: The three cover e-Bid prepared by the bidder shall comprise the following components: 9.2.1 Pre-qualification bid : It shall consist of: (i) Participation fee Deposit Details – Scanned copy of the Banker’s cheque / demand draft supporting payment as participation fee for the number of zone the bidder wishes to participate in. It is clarified that the participation fee has to be paid separately for each tender for all independent 12 zones.

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(ii) Earnest Money Deposit Details – Scanned copy of Banker’s cheque / demand draft as proof of EMD as per the number of zones bid for. (iii) Pre-qualification Documents - Scanned copies of required documents/affidavits/undertakings in PDF format as mentioned at point no 6.5 of the tender document. (iv) In case, a bidder wants to bid for more than one zone, then he shall have to upload the complete pre-qualification documents in the first zone for which he has applied for example say Zone number “X”. Thereafter, for each subsequent zones, in lieu of the pre-qualification documents required to be uploaded, he shall upload an undertaking in PDF format as per Annexure D stating that : “I hereby declare that all the pre-qualification documents have been uploaded in my application for Zone “X”. The same may be treated as my submitted pre-qualification documents for meeting the pre-qualification criteria for zone/s………..(Please quote the specific zone numbers applied for) ”. This undertaking has to be uploaded in all the labels meant for uploading the pre-qualification documents except the slot meant for proof of submission of participation fee and EMD. (v) It is reiterated that the bidder shall upload the proof of deposit of participation fee for each zone and the details of the EMD deposited for each zone applied by him. (vi) For preparing the Pre-qualification bid, the Bidders are advised to thoroughly examine this E- Tender document in detail. Any deficiencies in providing the information required may result in rejection of the bid. (vii) Pre-qualification bid shall not include any financial information. Bid which encloses financial bid information/ part of financial bid in the Pre-qualification bid shall be rejected outrightly by Department Of Excise as being non- responsive.

9.2.2 Technical bid: a. The bidder shall upload signed and scanned copy of the technical bid format as annexed as Annexure E as proof of technical qualification. i) Name of the bidder: ii) No of zones applied for. iii) Names of zones applied for:

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iv) Undertaking that if the bidder is selected as H1 in 02 of the 12 zones the bidder is bidding for or if the bidder has already been declared H1/granted license for 01 zone in the tender floated by the Department vide Tender Reference No (1)/Ex/IMFL/E-TENDER/2021-22 dated: 28.06.2021 and is declared H1 in 01 zone in the current tender (thereby making him H1 in 02 zones overall), then the bidder will be technically disqualified from all the remaining zones.

b. For preparing the technical bid, the Bidders are advised to thoroughly examine this e-tender document in detail in regard to allotment of not more than two zones to a single bidder. The technical bid shall not include any financial information. Bid which encloses financial bid information/part of financial bid in the technical Qualification bid shall be rejected outright by Department Of Excise as being non-responsive.

9.2.3 Financial Bid – The bidder shall upload the financial bid in the BOQ (Bill of quantities) as annexed as Annexure F i) Financial Quote: In the prescribed format (Specimen format) as under to be filled and uploaded:

Sl. Item Quantity Units Annual Quoted Total Total No. Description Reserve annual Amount Amount license license fee (in Rs. (in fee for (In Figures) Crores) Words) zone (in To be figures) entered by (in Rs. the Bidder Crores) (in Rs. Crores)

1 ZONE 1 1 Per 1000000 xxx xxx xxx (No. of Zone Vends in the Zone:XX)

Total in Figures xxx xxx Quoted Rate in Words

(ii) The annual license fee shall be quoted in multiples of Rupees five thousand only.

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(iii) The Bidder as part of its financial bid should account for all out of pocket and other expenses including all permits, approvals, travel cost and licenses etc. that may be required for completion of all items as mentioned in the scope of work of this tender document. (iv) The e-bid quoted by the Bidder shall remain firm (fixed) during the entire tender process and shall not be subject to any variation on any account. 9.3 e-Bid Currency : The prices quoted in the financial bid shall be in Indian Rupees only. Financial bid in any currency other than Indian Rupee (INR) shall be treated as non-responsive and hence shall be rejected. 9.4 Formats and Signing of e-Bid: a) The bidder shall prepare one electronic copy each of the Stage 1: Pre- qualification bid, Stage 2: Technical bid and Stage 3: Financial bid separately. b) The e-Bid document shall be digitally signed, at the time of uploading, by the Authorized Signatory of the bidder to bind the bidder to the award of the license.

9.5 Submission of e-Bid: 9.5.1 The bid submission module of Delhi e-tender procurement website <> enables the bidders to submit the e-Bid online in response to the E-Tender published by the Department of Excise. 9.5.2 Bid submission can be done only from the bid submission start date and time till the bid submission end date and time given in the E-TENDER. Bidder should start the bid submission process well in advance so that they can submit their e-Bids in time. 9.5.3 The bidder should submit their e-Bid considering the server time displayed in the e-tender website<>. This server time is the time by which the e-Bid submission activity will be allowed till the permissible time on the last/end date of submission indicated in the e-Bid schedule. 9.5.4 Once the e-Bid submission date and time is over, the bidder cannot submit his e- Bid. For delay in submission of e-Bid due to any reasons, the bidder shall only be held responsible. 9.5.5 The bidder must follow the following instructions for submission of their e-Bid: i) For participating in e-Bid through the e-Bidding system, it is necessary for the bidder to be the registered users of the e-tender website <>. The bidder must obtain a user login ID and password by registering himself with Delhi Government e Page 33 of 51

procurement portal/e-tender website if he has not done so previously for registration. ii) In addition to the normal registration, the bidder must register with his/her digital signature certificate (DSC) in the e-Bidding system and subsequently he/she will be allowed to carry out his/her e-Bid submission activities. Registering the digital signature certificate (DSC) is a one-time activity. Before proceeding to register his/her DSC, the bidder should first log on to the e-Bidding system using the user login option on the home page with the login Id and password with which he/she has registered. iii) For successful registration of DSC on e-tender website <> the bidder must ensure that he/she should possess class-2/class-3 DSC issued by any certifying authorities approved by controller of certifying authorities, Government of India, as the e-tender website <> is presently accepting DSC issued by these authorities only. The Bidder can obtain user login ID and perform DSC registration exercise given above even before the e-Bid submission date starts. The DEPARTMENT OF EXCISE shall not be held responsible if the Bidder tries to submit his/her e-Bid at the moment before end date of submission but could not submit due to DSC registration problem. iv) The bidder is advised to familiarize himself with all the processes and procedure for submitting of the e-bids by going through the relevant sections on https://govtprocurement.delhi.gov.in portal. 9.6 Deadline for submission of e-Bid: E-Bid (Pre-qualification, Technical and Financial) must be submitted by the bidder at e-tender website <> not later than the time specified on the prescribed date (as the server time displayed in the e-procurement website). Department of Excise may, at its discretion, extend this deadline for submission of e-Bid by issuing and publishing a corrigendum on Department of Excise’s website and e-tender website; in such case all rights and obligations of the Department of Excise and the bidders previously subject to the deadline will thereafter be subject to the deadline as extended.

10. LATE BID 10.1 The server time indicated in the bid management window on the e-tender website <> will be the time by which the e-Bid submission activity will be allowed till the permissible date and time scheduled in the e-Bid. Page 34 of 51

10.2 Once the e-Bid submission date and time is over, the Bidder cannot submit his/her e-Bid. Bidder must start the bid submission well in advance so that the submission process passes off smoothly. The Bidder will only be held responsible if his/her e- Bid is not submitted in time due to any of his/her problems/faults, for whatsoever reason, during e-Bid submission process. 11. WITHDRAWAL OF E-BID

11.1 At any point of time, a Bidder can withdraw his/her e-Bid submitted online before the bid submission end date and time as per the procedure laid down on Delhi e- procurement portal <>.However, the participation fee in such cases shall be forfeited. 11.2 No e-Bid shall be withdrawn in the interval between the deadline for submission of e-Bids and the expiration of period of e- bid validity. Withdrawal of an e-Bid during this interval may result in the forfeiting of Bidder's participation fee and EMD.

12. RIGHTS OF DEPARTMENT OF EXCISE IN REGARD TO E-BIDDING 12.1 Notwithstanding anything contained in this e-Bid, Department Of Excise reserves the right to accept or reject any Bid and to annul the Selection Process and reject all Bids, at any time without any liability or any obligation for such acceptance, rejection or annulment, and without assigning any reasons thereof. 12.2 The Department Of Excise reserves the right to reject any Bid if: i. At any time, any misrepresentation is made or uncovered, or ii. The Bidder does not provide, within the time specified by Department Of Excise, the supplementary information sought by Department Of Excise for evaluation of the e-Bid. 12.3 Such misrepresentation/ improper response may lead to the disqualification of the Bidder.

13. PERIOD OF VALIDITY OF E-BID 13.1 e-Bid shall remain valid for 180 days from the bid submission due date/end date as prescribed by the Department Of Excise. An e-Bid valid for a shorter period shall be rejected by the Department Of Excise as non-responsive. 13.2 In exceptional circumstances, Department Of Excise may solicit the Bidder's consent to an extension of the period of e-Bid validity. The request and the response thereto shall be made in writing. A Bidder may refuse the request

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without forfeiting its e-Bid security. A Bidder granting the request will not be required nor permitted to modify its e-Bid. 13.3 Department Of Excise will make its best effort to evaluate the bids and grant the license within this period. If Department Of Excise wishes to extend the validity period of the bids, the Bidders who do not agree, Department Of Excise shall have the right not to extend the validity of their bids. 14. CORRESPONDENCE WITH BIDDER 14.1 No Bidders shall contact Department Of Excise on any matter relating to his e-Bid from the time of Bid opening to the time of grant of license. 14.2 Any effort by the Bidder to influence Department Of Excise in the Bid evaluation, bid comparison or grant of license decisions, may result in the rejection of his Bid.

15. AMENDMENTS IN E-TENDER DOCUMENT 15.1 Department Of Excise may, in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information in this E- TENDER document. 15.2 At any time prior to the deadline for submission of the bids, Department Of Excise may amend the E-TENDER document by issuing addendum/corrigendum without notifying any Bidder or without giving any reason. Any addendum issued shall be part of the bidding document and shall be communicated by the Department Of Excise on Department Of Excise website and e-procurement/ e-tender websites. In case of issuing addendum/ corrigendum, the last date of bid submission may be extended by Department Of Excise, if felt necessary. 15.3 Prospective Bidders shall promptly acknowledge such addendum/ corrigendum thereof, in writing via email or fax. Department Of Excise will bear no responsibility or liability arising out of non-receipt of the same in time or otherwise by the Bidder. 15.4 The Bidders are requested to refrain from requesting extension of time on any grounds since the same will not be entertained by Department Of Excise. 15.5 No clarification obtained through verbal communication by the Bidder with any employee of Department Of Excise will be deemed as addendum/corrigendum to this e tender document. The Bidder acting on such a verbal communication will do so at his own risk and Department Of Excise shall bear no responsibility for any outcome arising out of this.

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16. COMPLIANCE WITH MANDATORY REQUIREMENTS All bids will be reviewed for compliance with the mandatory requirements as contained within the e-tender. Bids deemed non-responsive will be eliminated from further consideration.

17. TERMS AND CONDITIONS OF BIDDERS 17.1 Any terms and conditions of the Bidder will not be acceptable at any stage of bidding process. 17.2 Any terms and conditions of the Bidders mentioned in the bid will not be considered as a part of their bids and/or license.

18. DEVIATIONS IN TERMS AND CONDITIONS OF TENDER 18.1 No deviations in the terms and conditions as laid out in the e-tender will be accepted. 18.2 The Evaluation Committee overseeing the tender reserves the right to waive minor irregularities. 18.3 Bidders are advised to exercise adequate care in quoting the prices. No modification/correction in the bids will be entertained after the bid submission date. 18.4 Provided that a pre qualification bid is substantially responsive, Department of Excise may, at its discretion, request the Bidder to submit the necessary information or documentation, within a reasonable period, to rectify non material non conformities or omissions in the pre qualification bid related to documentation requirements. Such omission shall not be related to any aspect of the technical and Financial bid. Failure of the Bidder to comply with the request may result in the rejection of its bid. 18.5 If there is a discrepancy between words and figures, the amount in words shall prevail.

19. FRAUD AND CORRUPT PRACTICES 19.1 The Bidders and their respective employees shall observe the highest standard of ethics during the bidding Process. Notwithstanding anything to the contrary contained herein, Department Of Excise may reject any submitted bid without being liable in any manner whatsoever to the Bidder if it determines that the Bidder has, directly or indirectly or through an agent, engaged in corrupt practice,

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fraudulent practice, coercive practice, undesirable practice or restrictive practice in the bidding process. 19.2 Department Of Excise may also initiate appropriate legal action under relevant Indian laws against the Bidder found indulging in fraud and corrupt practices. 19.3 Without prejudice to the rights of Department Of Excise hereinabove, if a Bidder is found by Department Of Excise to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the bidding process, such Bidder shall not be eligible to participate in any tender issued by Department Of Excise for a period of 2 (two) years from the date such Bidder is found by Department Of Excise to have directly or indirectly, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as the case may be. 19.4 Misrepresentation and/or improper response by any Bidder may lead to disqualification of the Bidder. If any such disqualification is detected at any stage of bidding process/implementation, such Bidders are also liable to be blacklisted. 19.5 Bids, which in the opinion of Department Of Excise, have been completed with the improper assistance of employees of Department Of Excise and ex-employees of Department Of Excise, or with the utilization of information unlawfully obtained from Department Of Excise, will be excluded from further consideration and shall be rejected. 19.6 For the purposes of this section, the following terms shall have the meaning hereinafter respectively assigned to them: a) “Corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the actions of any person connected with the bidding Process b) “Fraudulent practice” means a misrepresentation or omission of facts or suppression of facts or disclosure of incomplete facts, in order to influence the bidding Process; c) “Coercive practice” means impairing or harming or threatening to impair or harm, directly or indirectly, any person or property to influence any person’s participation or action in the bidding Process d) “Undesirable practice” means establishing contact with any person connected with or employed or engaged by Department Of Excise with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the bidding Process;

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e) “Restrictive practice” means forming a cartel or arriving at any understanding or arrangement among Applicants with the objective of restricting or manipulating a full and fair competition in the bidding Process.

20. CONFLICT OF INTEREST 20.1 Department Of Excise requires the Bidders to provide professional, objective, and impartial information and at all times hold Department Of Excise's interest paramount. 20.2 Neither the selected Bidder nor any of its personnel shall engage in any personal, business or professional activity which conflicts or could conflict with any of their obligations in relation to this license. 20.3 A Bidder may be considered to be in a conflict of interest with one or more parties in this bidding process if, including but not limited to: a) have controlling shareholders in common with one or more parties in this bidding process; or b) have the same legal representative for purposes of this bid; or c) have a relationship with each other, directly or through common third parties, that puts them in a position to have access to information about or influence on the bid of another Bidder, or influence the decisions of Department Of Excise regarding this bidding process;

21. CONFIDENTIALITY 21.1 After the opening of bids, information relating to the examination, clarification, evaluation and comparison of bids, and recommendations concerning the grant of zonal licenses shall not be disclosed to Bidders or other persons not officially concerned with such process. 21.2 Any effort by a Bidder to influence Department Of Excise or others connected in the process of examination, clarification, evaluation and comparison of bids, and in decisions concerning the grant of zonal licenses, may result in the rejection of his bid. 21.3 No Bidder shall contact Department Of Excise on any matter relating to its bid, from the time of the opening of bids to the time the license is allotted. Any effort of the Bidder to influence Department Of Excise in its decision in respect of bid evaluation, bid comparison or award of the award of license shall result in the rejection of the bid and forfeiture of the bid security. During the bid preparation process, Bidders will focus their inquiries and communications, if any, to only the authorized nodal officer of Department Of Excise. Page 39 of 51

21.4 Canvassing in connection with tender is strictly prohibited. The submitted bid of the applicant who resorts to canvassing is liable to be rejected. Bid containing uncalled remarks, or any additional conditions are liable to be rejected.

22. DUE-DILIGENCE BY BIDDERS 22.1 Each Bidder should conduct its own study in order to respond to this E-TENDER document. 22.2 Department Of Excise makes no representation or warranty and shall incur no liability under any law, statute, rules or regulations on any claim the potential Bidder may make in case of failure to understand the requirement and respond to the tender document.

23. CLARIFICATIONS FROM BIDDERS 23.1 Department Of Excise may at its sole discretion contact the Bidder for clarification of the response. 23.2 Department Of Excise reserves the right to verify the credentials (including documents, declarations, self-certifications) provided by the Bidders by its own means and methods. In case, Department Of Excise receives feedback contrary to the responses of the Bidder or is not satisfied with compatibility of the experience with the required standards/expectations, then Department Of Excise reserves the right to form its own opinion and even reject the bids and forfeit the EMD. 23.3 Department Of Excise/ Evaluation Committee may use other sources of information in bid evaluation as required.

24. COLLUSIVE PROPOSAL 24.1 Bidders and their employees, agents, advisors and any other person associated with the Bidder, must not engage in any collusive proposal, anti-competitive conduct or any other similar conduct with any other Bidder or any other person in relation to the preparation or submission of bid. 24.2 In addition to any other remedies available under any law or any award of license, Department Of Excise reserves the right, in its sole and absolute discretion, to reject any submission lodged by a Bidder that engaged in any collusive proposal, anti-competitive conduct or any other similar conduct with any other Bidder or any other person in relation to the preparation or lodgement of proposals, and further the EMD may be forfeited.

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25. FALSE AND MISLEADING CLAIMS Department Of Excise may in its absolute discretion exclude or reject any bid that in the opinion of Department Of Excise contains any false or misleading claims or statements. Department Of Excise has no liability to any person or agency for excluding or rejecting any such proposal.

26. EVALUATION OF E-BIDS 26.1 To evaluate the Tender, Department Of Excise shall constitute a Tender Evaluation Committee (TEC) (also referred to as “Evaluation Committee”). The Evaluation Committee shall evaluate the Pre-qualification, Technical and Financial bids as per the following process:

26.2 Tender Evaluation Committee will evaluate and compare the bids that have been determined to be substantially responsive.

26.3 To establish the Bidder’s qualification and eligibility, the evaluation of the bids will be done in three stages as mentioned below: Stage-1: Evaluation of pre-qualification bid Documents, successful realisation of participation fee and EMD. Stage-2: Evaluation of Technical bid. Stage-3: Evaluation of Financial bid. 26.4 In each of above stages, the bidder will be required to meet the eligibility criteria as detailed in tender document to qualify for the next subsequent stages. 26.5 Stage-1 of Evaluation of Pre-Qualification bid: Tender Evaluation Committee shall review the prequalification bid submitted by the bidders. If a bidder has deposited the appropriate EMD, participation fee and pre qualification bid documents in conformity with the tender conditions, in respect of each zone, then he shall be considered as qualified. In case, the bidder applied for more than one zone, and submitted pre qualification documents in conformity with the tender conditions in the first zone that he has applied for and has submitted an undertaking (separately in all the labels required where documents are required to be uploaded) for all other subsequent zones in which he has applied, then he shall be considered deemed qualified in the pre-qualification bid for all the respective zones, the bidder has participated in.

26.5.1 At this stage, only Pre-Qualification bid would be considered. Technical and Financial bids would not be opened at this stage.

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26.5.2 The “Tender Evaluation Committee” would perform evaluation of pre-qualification bid documents and the process of evaluation shall be as under: a) The Bidder’s information provided in the bid document will be evaluated as per the requirements specified in the E-TENDER and Bidder is required to provide all details as per required information sought in the e-tender Document. b) The Evaluation Committee may undertake written clarifications from the Bidders. The primary function of clarification in the evaluation process is to clarify ambiguities and uncertainties, if any, arising out of the evaluation of the bid documents. c) The pre-qualification Documents are as per checklist as Annexure C – PRE-QUALIFICATION CRITERIA

26.6 Stage- 2 of Evaluation of Technical bids:

a. All eligible bidders qualified in the prequalification evaluation shall be considered for technical evaluation. The bidder shall be evaluated based upon the uploading of the technical qualification information and undertaking as per Annexure E.

b. The order of opening of technical and financial bids of the zones will be decided through a draw of lots in the presence of the prequalified bidders or their authorized representatives.

c. If a bidder is declared as highest (H1) bidder in any 02 of the 12 zones that the bidder has bid for or if the bidder has already been declared H1/ granted license for 01 of the zones through the tender floated by the Department vide Tender Reference No (1)/Ex/IMFL/E-TENDER/2021-22 dated: 28.06.2021 and is declared H1 in 01 zone in the current tender (thereby making him H1 in 02 zones overall), then the said bidder shall be technically disqualified from all other remaining zones and the financial bid of such bidder shall not be opened.

26.7 Stage-3 Evaluation of Financial bid: a. All technically eligible bidders shall be considered for financial evaluation in the same pre-determined order as that of the technical evaluation. b. The Financial bids will be opened in the presence of the bidders representatives, who may choose to attend the same on the specified date, time and address mentioned in the Bid Date Sheet. c. The financial bid shall indicate the annual license fee for the zone as per the BOQ/Financial bid format as annexure E. d. The bid price shall be in Indian Rupees.

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e. Any conditional bid will be rejected. f. If there is a discrepancy between words and figures, the amount in words will prevail. g. If there is no bid quoted, the bid shall be declared as disqualified.

27. BIDDER’S RISK

27.1 All risks of loss of or damage to health, property, personal injury or death which may arise during and in consequence of the performance of the license or any commercial risks shall lie with the Licensee. 27.2 The licensee shall be liable for forfeiture of its security, liquidated damages and termination for default. 28. COURT JURISDICTION: 28.1 Any disputes arising out of this tender shall be governed as per Delhi Excise Act, 2009 and Delhi Excise Rules framed there under and Terms & Conditions and other orders/directions issued by the Department of Excise from time to time and shall be subject to jurisdiction of Courts in NCT of Delhi.

*************

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Annexure-A: Details of the tenderer/bidder

1. Name of the tenderer/bidder (in block letters) 2. Address of correspondence (in block letters) including name of the authorized person (in block letters), telephone number and email id 3. State whether the Tenderer/bidder is : (a) A body incorporated under the Indian Companies Act: or (b) A society registered under Cooperative Society Act or under Societies Registration Act: or (c) A partnership concern or (d) Limited Liability Partnership firm (e) A sole proprietorship 4. If a tenderer/bidder is a body incorporated under the Indian Companies Act or a Society registered under the Co-operative Societies Act or under the Societies Registration Act, please state: (a) Names and addresses of the Managing Director and Directors of company/President and Secretary of the Society. (b) Registration number of the Company/Co-operative Society. 5. If the tenderer/bidder is a sole proprietor firm or a partnership concern or a limited liability partnership firm registered under Limited Liability Partnership Act, state the name/names of the proprietor/partners comprising the firm. 6. Does the tenderer/bidder have a branch office in Delhi. If so, state its address and telephone number and the name and address of the persons managing it.

7. Name, address designation and mobile number of the authorized signatory 8 Email of the bidder

PLACE: DATE: NAME AND SIGNATURE OF THE TENDERER WITH SEAL

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ANNEXURE-B: FORMAT OF NOTARIZED AFFIDAVIT BY BIDDER

Affidavit

I...... S/o or D/o ...... Resident of ...... hereby solemnly affirm and declare as under :-

(a) I/we am/are qualified as per the prescribed subsections under Section 13 of the Delhi Excise Act, 2009 for grant of license in Form L-7Z/L-7V and am/are not debarred on any of the set statutory requirements as laid down in Delhi Excise Act, 2009 and Delhi Excise Rules, 2010.

(b) I/we am aware that the provisions of the Delhi Excise Act, 2009 and Delhi Excise Rules, 2010 and all orders/directions issued there under will be deemed to form an integral and inseparable part of the Terms & Conditions for grant of L- 7Z/L-7V license.

(c) I/We declare that none of the Directors/Partners/Proprietor of the applicant’s company/firm is also a Director/Partner/Proprietor of any other company or firm which is having L-1 license in Delhi or Director/Partner/Proprietor in any manufacturing facilities/ distilleries/ breweries/wineries anywhere in the country or abroad either directly or through any sister concerns/related entities.

(d) I/We declare that none of the Directors/Partners/ Sole Proprietor of the applicant’s company/firm is also a Director/Partner/Proprietor of any other company or firm which is participating in the e-tender process for grant of zonal license.

(e) I/we have not been debarred/ disqualified/ blacklisted from holding an excise license for supply/sale of liquor by any Government Department or Department of Excise of any state.

(f) I/We am/are not in violation of any excise rules in any of the states where I am a licensee.

(g) I/we understand that failure to furnish the documents before the stipulated deadline or furnishing false documents will be sufficient ground for cancellation of the deemed status of the provisional highest Bidder and that I will be liable for criminal proceedings under relevant provisions of the Indian Penal Code, 1860 for furnishing false documents.

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(h) I/we am/are aware that the Licensing Authority may order forfeiture of part or whole of Security Amount in case of breach of any of the Terms and Conditions of L-7Z/L-7V License.

(i) I/we am/are aware that in case of a surrender of L-7Z license, security deposit deposited at the time of award of license will be forfeited and the zone will be re- tendered and that I/we shall be prohibited from participating in any other bidding process for a period of two years.

(j) I/we have not been convicted in any criminal case.

DEPONENT

Verification :

Verified at New Delhi on this ...... day of ...... that the contents of this above affidavit are true and correct to the best of my knowledge and belief.

DEPONENT

Witness 1 ………………………………………… Name: Address: Mobile:

Witness 2………………………………………….. Name: Address: Mobile:

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Annexure-C: Check list of Bidder Eligibility Criteria in Pre-Qualification bid

CHECKLIST FOR ELIGIBILITY CRITERIA (To be filled up by the bidder)

Sl. No. Basic Specific Documents required Pg. YES/NO Requirement Requirements to be uploaded No. 1. Duly filled The applicant shall fill Scanned copy of the applicant details all the basic details as Duly filled applicant as per Annexure per the information details as per A sought Annexure A. 2. Participation fee Proof of Scanned copy of deposition/submission Banker’s Cheque / of non-refundable Demand Draft. participation fee 3. EMD Proof of Scanned copy of deposition/submission Banker’s Cheque / of EMD Demand draft. 4. PAN PAN number Copy of valid PAN card 5. Income Tax Self attested copies of Self attested copies of Returns for the Income Tax Returns Income Tax Returns last three for the last three for the last three assessment assessment assessment years years(2018- years(2018-19,2019- (2018-19,2019- 19,2019-20,2020- 20,2020-21) 20,2020-21) as a 21) proof for filing Income Tax. 6. Chartered Copy of the certificate Scanned copy of a Accountant as on date duly certificate from a Certificate certified by Chartered Chartered Accountant, showing details of Accountant. showing Net Worth of Net Worth of the the entity applicant as on date. 7. VAT registration VAT registration VAT registration certificate issued certificate issued by certificate issued by by VAT VAT Department, VAT Department, Department, GNCTD or an GNCTD or an GNCTD or an undertaking that the undertaking that the undertaking that successful licensee successful licensee the successful shall obtain the VAT shall obtain the VAT licensee shall registration online registration online obtain the VAT before the before the registration online commencement of commencement of before the business (only for business (only for new commencement new applicants with applicants with no of business (only no existing VAT existing VAT for new applicants registration in Delhi)” registration in Delhi)” with no existing VAT registration in Delhi)”

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8. Up-to-date no- Up-to-date no-dues Copy of the Up-to- dues certificate certificate (in case of date no-dues from Excise existing liquor shop certificate (in case of Department, licensees) from the existing liquor vend GNCTD concerned authority /wholesale licensees) from the concerned authority of Excise Department, GNCTD, else upload N/A document in place of this. 9. PAN card in case Self attested copy of Scanned copy of self of proprietorship PAN card in case of attested PAN card in firm, partnership proprietorship firm, case of proprietorship deed in case of partnership deed in firm, partnership deed partnership firm case of partnership in case of partnership (tender shall firm (Copies of the firm (Copies of the contain the names partnership deed partnership deed of all the partners having names of the having names of the & No such tender partners), partners) , shall be Registration Registration certificate entertained unless certificate in case of in case of Registered it is signed by all Registered Company/Limited the partners and Company/Limited Liability Partnership is accompanied Liability Partnership (LLP) firm etc., as the by copy of the (LLP) firm etc., as the case may be (Duly partnership deed case may be(Duly attested by Gazetted duly attested by attested by Gazetted Officer in case of Gazetted officer), Officer in case of LLP). Registration LLP) certificate in case of Registered Company/Limited Liability Partnership (LLP) firm etc., as the case may be.

10. A Notarized All declarations on the Notarized affidavit. affidavit as per Rs 100 affidavit Annexure B declaring all the points in regard to the eligibility of the bidder and its relationships in liquor trade. 11. Original Bid The original tender Original bid document Document duly signed and duly signed and stamped on each stamped on each page as an page acceptance of terms and conditions of the tender.

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ANNEXURE-D: FORMAT OF UNDERTAKING BY BIDDER TO BE UPLOADED BY THE BIDDER

Undertaking

I...... S/o or D/o ...... Resident of ...... hereby solemnly affirm that :-

I hereby declare that all the pre-qualification documents that have been uploaded in my application for Zone “x” ( x- denotes the zone for which Pre-qualification documents have been uploaded). The same may be treated as my submitted pre-qualification documents for meeting the pre-qualification criteria for the other zone/s………..(Please quote the specific zone numbers applied for).

I further undertake that I have uploaded this undertaking in all the slots/labels meant for uploading the pre-qualification documents except the slot meant for proof of submission of participation fee and EMD which shall be uploaded separately in every tender I intend to apply.

Place ………………… Signature of the Bidder

Date ………………….

Name …………………………………………………… Designation …………………………………………. Address ……………………………………………….. Phone ………………………………………………….. Email …………………………………………………….

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ANNEXURE-E: TECHNICAL BID SUBMISSION

Technical Bid Submission Certificate [To be submitted on Bidders Letterhead] To: Commissioner (Excise) Department of Excise, Entertainment and Luxury Tax, L&N Block, Vikas Bhawan, I.P. Estate, New Delhi-110002

Sub: Technical Bid Submission (Tender Ref No.: ______Dated: ______) Dear Sir,

We are pleased to submit our Technical bid for ‘Grant of Zonal License for Retail vends of Liquor (Except Country liquor) in NCT of Delhi’ for zone ...... (Please mention number of zone for which technical bid is being submitted)

I am mentioning my details for the technical bid which are as under:  Name of the bidder:  No of the zones applied for – (mention the total number of zones applied for)  Names of zones applied for - (mention the number of zones for which bid/s has been submitted eg. zone 1,2,3 etc) I undertake that “(i) If I am selected as H1 in 2 of the 12 zones or (ii) I have already been declared H1granted a license for zone ……… through the tender floated by the Department vide Tender Reference No (1)/Ex/IMFL/E- TENDER/2021-22 dated: 28.06.2021 and if I am declared H1 in 01 of the zones that I am bidding for in this tender, then I shall be technically disqualified from all remaining zones.”. I declare that, I am authorized person to submit the technical bid. I hereby declare that our Technical bid is complete in all respects.

Place ………………… Signature of the Authorize Signatory of the Bidder

Date ………………….

Name …………………………………………………… Designation …………………………………………. Address ……………………………………………….. Phone ………………………………………………….. Email ……………………………………………………. Page 50 of 51

ANNEXURE-F: FINANCIAL BID BOQ

Tender Inviting Authority: Excise Commissioner, GNCT of Delhi Name of License: Grant of Zonal Retail license L-7Z Tender ID: Name of the Bidder/ Bidding Firm / To be filled and by the Bidder Company : PRICE SCHEDULE

(This BOQ template must not be modified /replaced by the bidder and the same should be uploaded after filling the relevant columns, else the bidder is liable to be rejected for this tender. Bidders are allowed to enter the Bidder Name and Values only) Note: Annual license fee is to be quoted in multiples of Rupees five thousand only

Sl. Item Quantity Units Annual Quoted Total Total No. Description Reserve annual Amount Amount license fee license fee (in Rs. (in Words) for zone (In Crores) (in figures) Figures) (in Rs. To be Crores) entered by the Bidder (in Rs. Crores)

1 ZONE 1 1 Per 1000000 xxx xxx xxx (No. of Zone Vends in the Zone: XX)

Total in Figures xxx xxx Quoted Rate in Words

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