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[A Government of India Undertaking]Regd. & Corporate Office, ITI Bhavan,

Doorvaninagar, Bangalore 560 016CUN : L32202KA1950GoI000640.

TENDERFor

Renting of the Theater in A-area of ITI Complex, Bangalore plant

Tender forms can be collected from Deputy General Manager [CS], Bangalore Plant, ITI Limited, ITI, Doorvaninagar, Bangalore-560016. Between -10-02-2017 –to 28-02-2017 from 10:00AM to 3:00PM on all working days on payment of Rs. 1000.00[Rupees One Thousand only]- in cash or by way of Demand Draft/Pay order drawn in favour of “ITI Limited, Bangalore”

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

Real Estate agents/Brokers/Consultant can actively participate in complete process of identifying prospective tenant.

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

Issued by:ITI LIMITED

The Deputy General Manager –[CS] Bangalore Plant. ITI LIMITEDDoorvaninagar, Bangalore-560 016]

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

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Sl No DESCRIPTION INFORMATION

1 Reference No. of tender document ITI/BNG/Theater/16-17/01

2 Date of issue/sale of tender document

Between 10-02-2017.to 28-02-2017. (upto 14.30hrs.)

The Deputy General Manager –[CS], Bangalore Plant, Doorvaninagar, Bangalore 560 016]

3 Last date & time for submission of bids Date :02-03-2017. Up to 14.30. Hrs.

4 Date & time of opening of technical bids

Date 02-03-2017 at 15 Hrs.Venue:office of the Deputy General Manager-CS,ITi Bangalore Plant, Bangalore.

5 Opening of Financial Bids Will be intimated later to all technically qualified bidders.

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

8Earnest Money Deposit(EMD) in the form of Demand draft/ Bankers Cheque.

Rs.1,00,000.00[One lakhs only]through demand draft/ Banker’s cheque drawn in favor of “ITI Ltd” payable at Bangalore on any scheduled Commercial bank to be enclosed with the Technical Bid.

9 Initial Security Deposit @10% on annual rent

To be paid by the successful bidder within 15 days of issue of LOI.[After adjusting EMD]

10Contact Person for queries (between 10AM to 15.30hrs on working days only)

Suresh. B.R 9880715269. Chandrashekar 9448808168R.M.Prabhu: 9449404789

11 Address for Bid Submission

ITI Limited, Bangalore Plant, Doorvaninagar, Bangalore 560 016

12 ValidityThe bids submitted shall remain valid for a period of 120 days from the date of opening the technical bid.

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Dear Sir(s),

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

1. The Technical Bid (Part-A) shall contain the following details

(a) Bidder’s Profile(b) Acceptance of all the terms & conditions indicated in our tender, including execution

of registered lease deed.c] Earnest Money Deposit (EMD)d] The cost of tender document of Rs.1000/- (Non refundable) shall be

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

2. The Price/Commercial Bid (Part-B), shall contain the specific rate of rent per month.

The offers along with the tender document with terms & conditions duly signed and super scribed with “Renting the existing theatre” on rent and Tender Ref: ITI/Bng/Theater/16-17/ 01dated 10-02-2017 and addressed to the Deputy General Manager-CS[Bangalore Plant] shall be submitted on or before 14.30 Hrs (2.30 PM) on 02-03-2017 in sealed covers only, separately for Technical Bid and Price/Commercial Bid. The price bids shall be submitted separately as per the format enclosed at Annexure 05.

The offers received after the due date and time will not be entertained. Offers sent by fax/e-mail will be rejected.

The schedule of events is as under :

1. Issue of Tender Documents from :10-02-20172. Last date of issue of Tender Document :28-02-20173. Last date of receipt of bids :02-03-2017 (2.30 PM)4.Opening of the Technical Bid :02-03-2017 (3.00 PM)

5. Opening of Price Bid will be intimated later to all the technically suitable bidder(s)6. Tender opening venue, Office of the Deputy General Manager-CS, Bangalore Plant, ITI Limited, Doorvaninagar, Bangalore – 560 016

Thanking you,

Yours faithfully

For ITI Limited

Deputy General Manager – CSEncl: as above.

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TABLE OF CONTENTS

Para No Particulars Page NoI INTRODUCTION 6II SCOPE OF CONTRACT FOR RUNNING THE THEATER 6III ELIGIBILITY CRITERIA 7A CONSORTIUM 7IV EARNEST MONEY DEPOSIT (EMD) 8V SUBMISSION OF BIDS 8VI LAST DATE & PLACE OF SUBMISSION OF BIDS 9VII LEASE RENT 9VIII TERMS OF RENT 10IX OPENING OF BIDS 10X BID DOCUMENT FOR EVALUATION PROCESS 11A DOCUMENTS FOR TECHNICAL LBID 11B DOCUMENTS FOR FINAANCIAL BID 12XI DESCRIPTION OF PREMISES 13XII INFRASTRUCTURE PARTICULARS 13XIII EVALUATION PROCEDURE 13A OVERVIEW OF EVALUATION PROCESS 13B AWARD OF CONTRACT 14C TENURE OF LICENCE AGREEMENT 15D PAYMENT TERMS AND CONDITIONS 16

XIV GENERAL TERMS AND CONDITIONS 17XV LICENSEE EVENTS OF DEFAULT AND TERMINATION OF

LICENSE 17

XVI TERMINATION OF LICENSE AGREEMENT 18XVII ELECTRIC POWER SUPPLY 19XVIII FORCE MAJEURE 19XIX INDEMNIFICATION 20XX CONTRACT/LICENSE 20

XXI APPLICABLE TERMS/CONDITIONS AND LESSES OBLIGATIONS 21

XXII INSOLVENCY OF THE CONTRACTOR 22XXIII SUBLETTIN THE CONTRACT 23

XXIV APPLICABLE TERMS AND CONDITIONS FOR LESSOR/LESSEE/REAL ESTATE CONSULTANT 24

XXV MISCELLANEOUS 24

XXVI AUTHORITY TO RECOVER THE COST IN CASE OF ANY DEFAULT 25

XXVII GOVERNING LAW AND JURISDICTION 25 of 40

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XXVIII ESSENCE OF CONTRACT 25XXIX INDEMNITY 26

ANNEXURES

1 DETAILS OF THE INFRASTRUCTURE NO.1 27

2 GENERAL INFORMATION OF THE BIDDER:NO.2 283 BID FORM : NO.3 294 FORMS FOR BID SUBMISSION TECHNICAL NO.4 325 FINANCIAL BID NO.5 34

6 CONSORTIUM AGREEMENT/MEMORANDUM OF UNDERSTANDING : NO. NO.6 36

7 UNDERTAKING FOR RESPONSIBILITY: NO.7 39

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ITI Ltd Registered & Corporate OfficeITI Bhavan, Dooravaninagar

Bangaluru-560016 I] INTRODUCTION:1. ITI Ltd is India’s first Public Sector Unit (PSU) - ITI Ltd was established in 1948.

Ever since, as a pioneering venture in the field of telecommunications, it has contributed to 50% of the present national telecom network.

2. In addition to its non operational revenue, ITI has decided to offer its own “Theater” on rental basis which is existing situated at ITI Township A-Area, Dooravaninagar, at Bangalore plant and was operational till 2015.

3. Based on fulfillment of eligibility criteria as laid down in this tender document, successful bidder will be selected through open tendering process for the exclusive running the theater on rental basis with available license which is to be renewed by the successful bidder with the state government authorities at his cost.

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

II] SCOPE OF CONTRACT FOR RUNNING THE THEATER:1. The selected bidder shall have exclusive rights to run the theater with renewal of

existing license from the authorities at his cost 2. Successful bidder shall be responsible for the following activities:-

To obtain renewed license from the respective department. Cost of design the structure and approved by the licensed engineer if any

modifications/alterations/renovations of the existing theater Cost of License fees, Cost of Electricity, BBMP charges and any other charges

which are connected to the running the theater will be borne by the bidder.3. The bidder should quote the rate considering all the above expenditures and cost

on his part towards obtaining all approvals, permits, etc. from all competent authorities, including different tiers of Government, statutory, local, civic authorities, etc. for commercial use of theater, and he has to comply with all statutory requirements in connection with contract/License Agreement.

4. Successful bidder shall also be responsible for the following activities:-a. To operate, manage and maintain the theaterb. To maintain all the display in proper and neat and clean condition and in safe &

sound manner for the full currency of the contract.

c. To ensure regular and timely payments of all amounts due to ITI and discharge of 40


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all obligations as per contract/License Agreement.d. Payment of all statutory taxes, local levies, statutory dues, etc as and when due,

to Electricity companies and other regulatory bodies. Service tax or other taxes as applicable on the rent shall be payable by the successful bidder over and above the rent.

III] ELIGIBILITY CRITERIA:-The bidder shall be a registered Company / firm with positive net worth. The Bidder-Single Entity or in case of Consortium the Lead member or the consortium together should have POSITIVE net worth. The Financial Capabilities should be demonstrated by the Bidder through proper documentary evidence like CA certification etc.

A. In Case Consortium Bids: Bids submitted by a consortium shall comply with the following requirements.

1. The bid shall include a letter signed by all the members of the consortium who are bidding jointly for this work. (A notarized copy of the duly executed Consortium Agreement, entered into between the consortiums partners shall be submitted in the technical bid as per Annexure-06

2. The contract shall be signed between the lead member and ITI or as decided by ITI.

3. All payment transactions shall be done exclusively by the lead member of the consortium or as that agreed between the ITI Ltd and the consortium members at the time of the award of the work.

4. The lead member shall be authorized to incur liabilities and receive instructions for and on behalf of members of the consortium, and shall be responsible for delivery of all provisions of the contract.

5. Although lead member shall be responsible for the entire execution of the Contract yet other members of such entity shall also be jointly and severely liable for the performance of License agreement.

6. A firm may be a member in only one consortium and cannot be member of other consortium bidding against this.

7. The Lead Member of the JV/Consortium shall maintain a minimum percentage share of 51% of the aggregate shareholding of the JV/Consortium during full tenure of contract/License Agreement. During initial lock in period, normally no change in the percentage stake of JV/Consortium members shall be permitted. However, if warranted, the change in the percentage stake of JV/Consortium members during initial lock in period substantiated with specific reasons may be permitted with prior written approval of ITI. After initial lock in period, the change in percentage stake of JV/Consortium members may be permitted with prior written approval of ITI.

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8. Bidders need to submit supporting documentary evidence in support of eligibility criteria. ITI has the right to verify/cross verification of authenticity of the said documents whenever felt necessary.

[Note: Any change in percentage stake of JV/Consortium members without prior written approval of ITI shall be treated as Material Breach of Contract and Licensee‟s Event of Default entitling ITI to encash interest free security Deposit/Performance Guarantee and or to terminate the contract/License Agreement after 30 days notice]

IV] EARNEST MONEY DEPOSIT (EMD):1. Bidders shall submit, along with their Bids, EMD of Rs.1,00,000.00 [Rs. One

Lakhs Only] the form of a Demand Draft/ Bankers cheque on any Scheduled /Commercial Bank, in favour of “ITI Ltd” payable at Bangalore. EMD in any other form shall not be entertained. The EMD shall be denominated in Indian Rupees only. No interest will be payable to the Bidder on the amount of the EMD. Tenders without earnest money deposit or in any other form shall be summarily rejected.

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

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

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

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

V] SUBMISSION OF BIDS:Bidders are advised to visit the Theater which they are tendering before taking the Theater Premises on lease for running on rent. It is presumed that the bidders have quoted with the full knowledge of the same and other obligations. No correspondence in this behalf will be entertained.

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

2. The bidders shall submit their bids in two sealed parts namely, “Technical bid” and “Price bid”, marked as such along with the bidder’s name, strictly in the format given in this document. The hardcopy of the technical proposal

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should be in a single sealed envelope, clearly marked as “Technical Proposal from Bidder Name”. The hardcopy of the financial proposal should be in a separate sealed envelope, clearly marked as “Financial Proposal from Bidder Name”.

3. Both the above envelopes should be submitted in a separate sealed envelope clearly marked as "Tender for Running the existing theater”. The bidder must give its name and address on the envelope.

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

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

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

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

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

VI] LAST DATE & PLACE OF SUBMISSION OF BIDS:1. Bids complete in all respects may be submitted to the DGM-CS, ITI Ltd ,

Bangalore, Doorvaninagar, Bangalore 560 016 latest by last date of submission given in the table titled as “Important Information” of this tender document. Bids received after due date & time shall not be considered. Bids submitted through post or through Courier Service must reach on or before the due date and time. Any transit delay will be at the risk of the bidder.

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

VII] LEASE RENTThe Lease Rent to be offered/quoted by the bidder should be the net rate of rent payable for the Premises to the Company. The rate of rent offered by the bidder shall exclude – (i) all utility charges to be borne by the LESSEE such as Electricity charges, BESCOM Demand Charges, water usage charges and

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related cess/charges, (ii)levies, cesses/charges levied by local revenue authority or other statutory authority, (iii) any interest/penalty which is accrued on the above as well as any other tax by whichever name called payable to any government or authority or body as also any additional taxes increase in taxes imposed by the government and (iv) Service Tax/GST as applicable and other central government taxes / levies. The bid shall be decided on the principle so as to derive the maximum overall net lease rent to ITI.

VIII] TERMS OF RENT WILL INCLUDE:a. The rent, service tax, cesses and other applicable charges for each month

shall be payable in advance on or before 5th day of each month, for that month, against the bill raised on every 25th working day of the previous month by the Company.

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

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

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

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

f. Termination shall be by way of issuance of a written notice giving the bidder/Lessee one month to vacate the Premises. On the expiry of the said one month period, the bidder/Lessee shall vacate the Premises, leaving the Premises in the same condition as it was leased, subject to reasonable and normal wear and tear.

g. Lease rental figure/amount shall be quoted in the Commercial bid only and not in technical bid.

IX] OPENING OF BIDS:1. The technical bid of all tenderers shall be opened by the committee on the

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tenderers who choose to be present. If such nominated date for opening of tender is subsequently declared as a Public Holiday by ITI, the next official working day shall be deemed as the date of opening of Technical Bids.

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

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

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

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

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

7. CLARIFICATION OF BIDS: To assist in the examination, evaluation and comparison of bids, ITI, may at its discretion ask any bidder for any clarification of its bid. The request for the clarification by ITI and the responses to be submitted by bidders shall be in writing or through email. However, no unsolicited post bid clarification at the initiative of the bidder shall be entertained.

X] BID DOCUMENTS FOR EVALUATION PROCESS:A. Documents required for technical Bid:

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

2. Sales tax clearance certificate, PAN together with copy of trade license, registration of service Tax etc.

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

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

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

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

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

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

5. All communications/documents submitted with the bid including a copy of this tender and the bid documents duly signed on each page by the authorized representative of the bidder.

6. Power of Attorney to the person authorized for signing the bid for his tender[Note: The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and when it is so required the same should be under common seal affixed in accordance with the required procedure. It should be on non-judicial stamp at least duly notarized with supported by copy of Board of Resolution passed for this purpose only in case of company.]

7. Consortium agreement or MoU (in case of consortium).

8. Undertaking for responsibility by Consortium

9. All relevant documents required as evidence of meeting technical evaluation criteria and other criteria mentioned anywhere in tender document.

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

B. Documents required for Financial bid: i. The financial bid should be furnished in the format at Annexure-04, clearly

indicating the financial offer in both figures and words, in Indian Rupees. In the event of any difference between figures and words, the amount indicated in words shall be taken into account.

ii. The bidders shall be responsible for all of the costs associated with the preparation of their Bids and their participation in the Bidding Process. ITI

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shall not be responsible or in any way liable for such costs, regardless of the conduct or outcome of the Bidding Process.

XI] DESCRIPTION OF PREMISESThe description of the Premises and available infrastructure are indicated below:-

“THEATER” in A-area of ITI Township

Total built up area of building is around 11933 sq.ft

Total Plot area including open space and parking space is around 32645 sq.ft

Total open space surrounding the building is around 18508 sq foot [The area mentioned above is approximate, the rent will be calculated based on the actual measurement recorded during handed over of the building the prospective bidder]

15KW POWER SUPPLY IS AVAILABLE FOR THE ABOVE THEATER AS BACK UP.

XII] INFRASTUCTURE PARTICULARS 1. Water and power supply facilities will be provided to above building on

chargeable basis as prevailing in ITI. Water and power connection wherever existing will be restored soon after occupation.

2. Open space available will be charged extra, if applicable.

3. The area indicated is approximate. However the actual area will be measured and handed over at time of occupation including plinth area and open space area. The offer should include the rates for building and open space separately.

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

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

1. The assessment of bidders meeting the eligibility criteria..

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

3. ITI shall open financial Bids of all Tenderers who have submitted substantially responsive technical tenders, in the presence of tenderer‟s representatives

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who choose to attend at the address, date and time informed / specified by ITI.

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

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

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

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

8. Conditional tenders shall be out rightly rejected

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

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

B. AWARD OF CONTRACT:1. After evaluation of bids, Letter of Intent (the “LOI”) shall be issued by ITI to

the Selected Bidder and the Selected Bidder shall, within 15 (fifteen) days of the receipt of the LOI submit the Letter of Acceptance (LoA) in acknowledgement and unconditional acceptance thereof along with “Interest Free Security

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

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

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

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

6. License/contract shall be in effect from the day of handing over of the premises for the period of Five years.

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

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

9. License Fee shall along with other dues shall be payable in advance by the Licensee to ITI on quarterly basis before the commencement of respective quarter.

10. Licensee should adhere to the laws of state and central while running theater and adhere to the BBMP and other statutory by laws.

C. TENURE OF LICENSE AGREEMENT: The term of rental agreement would be initially for a period of 4 years and 11 months, renewable for further periods on mutually agreed terms & conditions provided that at a time renewal would be done for a period of 4 years and 11 months.

1. License shall come in effect from the of date of agreement by the agency for a period of Four years and 11 months starting from the commencement date of license agreement.

2. ITI shall have the right to examine/review the license agreement to evaluate the performance of the licensee at the end of each year of the license. ITI reserves the right to cancel the license for the remaining period if the

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performance is found unsatisfactory forfeiting the interest free security deposit in its favour.

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

D. PAYMENT TERMS AND CONDITIONS:1. Contract/License shall come in effect from the date of handing over of

space/execution of agreement and rent shall be charged from the date of commencement of license till the termination/ completion of agreement.

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

i. All utility charges to be borne by the LESSEE as per clause-------------such as Electricity charges, BESCOM Demand Charges, water usage charges and related cess/charges.

ii. Levies, cesses, charges levied by local revenue authority or other statutory authority.

iii. Any intrest /penalty which is accrued on the above as well as any other tax by whichever name called payable to any government or authority or body as also any additional/increase taxes imposed by the ‘Government.

iv. Applicable service tax and other central government levies. The bid shall be decided on the principle so as to derive the maximum overall net lease rent to ITI.

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

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

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4. For late payments by the licensee, interest at the rate of 2% per month will be charged.

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

A] Notice inviting tenderB] General instruction to the tendersC] Technical bid

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D] Financial bidE] Proceedings of the pre bid meetingF] Advertisement

G) By laws of the BBMP

XIV]. GENERAL TERMS AND CONDITIONS:

TAXES AND OTHER STATUTORY DUES:

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

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

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

XV]. LICENSEE EVENTS OF DEFAULT AND TERMINATION OF LICENSE:Following shall be considered Material Breach of the Contract by Licensee resulting in Licensee’s Events of Default:-

1. If the successful bidder fails to pay License Fee or other amounts due to ITI. Even non-payment of one month License Fee will be considered an Event of Default.

2. If the Licensee is found guilty of persistently breaching “Factors Governing running the theater”. as per BBMP as per state government and BBMP Policy.

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

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

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

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

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

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

XVI]. TERMINATION OF LICENSE AGREEMENT:a. Partial surrender of contract/License agreement shall not be allowed to the

Licensee.

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

c. If the licensee is desirous of surrendering the license agreement before the expiry of three year (Lock-in period) or without giving three month prior notice to ITI before successful completion of three year lock in period, the agreement shall deemed be terminated on the date of receipt of termination / surrender notice in ITI and interest fee Security Deposit/ Performance Security shall stand forfeited in favour of ITI, besides recovering other dues including License fee. Balance outstanding dues, if remained after adjustment of outstanding dues from the advance license fee and interest free Security Deposit / Performance Security, shall be recoverable from the licensee. However, no amount of Security Deposit/Performance security shall be refunded. The unused license fee for that particular notice period, if any shall also not be refunded.

d. CANCELLATION OF CONTRACT IN FULL OR PART:If ITI cancels / terminates the contract in full or in part on account of :

i. Force Majeureii. Any other cause, which in the absolute discretion of the authority

mentioned in contract, is beyond control of the ITI.In the event of any one or more of the above courses being adopted by the

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

ITI reserve the rights to terminate the contract/License Agreement by giving one month advance notice in such exigency. The contract/License agreement will stand terminated and the Interest Free security Deposit/ Performance Guarantee will be refunded after adjusting outstanding dues, if any. The Licensee voluntarily agrees not to seek any claim, compensation, damages or any other consideration whatsoever on any ground in this regard. The Licensee shall remove all the media, etc. from ITI premises within 30 days of issue of termination letter, failing which ITI shall be free to use/dispose-off these media, fixtures etc. in whatever manner as deemed fit and Licensee shall have no claim, compensation or consideration on any account on these media, fixtures etc.

In the event of the licensee failing to pay ITI the license fees or any other charges which the licensee may be required to pay, ITI will have the right to terminate the contract/license agreement after giving a Show Cause Notice of 30 days and discontinue/ confiscate the property by the licensee and without prejudice to any of its rights shall also forfeit the agency’s security deposit.

XVII] ELECTRIC POWER SUPPLY:1. The bidder shall bear the amount of all the bills/costs for the electricity that

may be consumed due to the operation of the advertisement panels /space allotted under this agreement.

2. Agency shall follow the I.E. Rules, Acts for safety of equipment, public & Staff.

3. Agency shall use energy efficient equipment.

4. All fittings including electrical cabling, calibration and installation of Pre-Paid Energy Meters, etc. are to be installed after obtaining approval from ITI.

5. To promote conservation of electricity, it will be appreciated if the illumination at all outdoor lighting draw from power from alternate renewable resources like solar power.

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

Earthquake, Flood, Inundation, Landslide Storm, Tempest, Hurricane, Cyclone, Lighting, Thunder or other extreme atmospheric disturbances. Fire caused by reasons not attributable to the Licensee, Acts of terrorism, War, hostilities (Whether war be declared or not), invasion, act of foreign enemy, rebellion,

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riots, weapon conflict or military action or civil war. Strikes or boycotts, other than those involving the Licensee, its contractors, or their employees, agents etc., and the License fee for the portion affected due to Force Majeure shall be exempted for the affected period on prorata basis if the period of Force Majeure persists for more than 7 days .Such Force Majeure occurrence shall be notified to the other party within 15 days of such occurrence. If such Force Majeure continues for a period of three months, the party notifying the Force Majeure condition may be entitled to, though not being obliged, to terminate this agreement by giving a notice of one week to the other party and interest free Performance Guarantee & Security Deposits shall be refunded by ITI to the Licensee after adjusting outstanding dues, if any.

XIX] INDEMNIFICATION:1. All other statutory taxes, statutory dues, local levies, as applicable shall be

remitted to the Government by the licensee in addition to the remittance of quoted License Fee to the ITI. The successful bidder shall indemnify ITI from any claims that may arise from the statutory authorities in connection with this License Agreement.

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

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

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

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

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

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7. The Theater rights for the above mentioned licensed building shall vest with the licensee. Any person who wishes to advertise and running film in the theatre mentioned above, will deal directly with the licensee and will have no dealing with the ITI or make any claim on the ITI for omission or commission etc of the Licensee. The licensee shall indemnify and keep indemnified the ITI from any such claims or actions.

XX]. THE CONTRACT /LICENSE ARE NOT TRANSFERABLE.The Licensee shall not be permitted to sub-license his rights under this License. The licensee shall be obliged to carry out its obligations under the license Agreement entirely at its own risk and cost.

XXI] APPLICABLE TERMS AND CONDITIONS AND LESSEE’S OBLIGATIONS:1. The Technical Bid shall not contain any reference of price/Cost particulars.

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

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

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

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

6. The rate quoted by the bidder[s] shall take into account the entire infrastructure available within the premises on as is where is basis including the common services and circulation space.

7. The monthly rental shall be payable in advance to ITI only by “Account Payee Cheques” due on the 05th of every month, payable in Bangalore. All cheques/demand draft shall be drawn in favour of “ITI Limited, Bangalore” Cheque received after the above date shall attract interest @15% per annum[Compounded quarterly] would be calculated for delayed period. Alternatively, the monthly rentals plus the maintenance charges can be paid by NEFT/RTGS .

8. The rent will be payable from 11th day of issue of letter of Intent or date of occupation whichever is earlier.

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9. The Property tax on Theater payable to BBMP will be borne by the successful bidder.

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

11. The premises may be inspected on any working day between 10.00 AM to 3PM on prior intimation to ITI. Any clarification required prior to submission of offers may be obtained from the undersigned.

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

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

14. An appropriate Lease Deed, duly stamped and registered, reflecting more or less the terms and conditions set out herein, will be executed between the successful bidder[s] and ITI, the entire costs towards registration charges, incidental expenses, stamp duty and any other related expenditure associated with the registration, will have to be borne by the successful bidder[s]. A specimen copy of lease deed will be prepared by ITI and furnished to the successful bidder[s] after the finalization of the Bids.

15. In the event of any dispute or differences arising out of any/other claims/opinion including interpretation of clauses in this documents among the bidders and ITI, the decision of the Chairman and Managing Director of ITI Limited shall be final and binding.

16. The power charges payable to BESCOM will be to the tenant[s] account. In the event of the more than one tenant occupying the building, separate meter will be installed by us for assessing the power consumption. The charges will be borne by the tenant[s] as per actual. As regards water/Sewerage charges, the amount payable to BWS&SB shall be borne by the tenant[s] in proportion the area occupied.

17. An escalation in rent at 10% [TEN PERCENT] per annum will be applicable on completion of every 12 months.

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

19. A joint inspection by ITI and successful bidder[s] will be done to take stock of the inventory of fixtures, fittings equipment’s, and other actual infrastructure, which will be recorded and signed by both the parties.

20. Termination of Contract: The contract shall be terminated by giving a notice period of –three months on either side.

21. The bidders are requested to regularly visit ITI Website; www.itiltd-india.com for any information, visit the aforesaid premises, inspect the

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available documents to acquaint themselves with the complete information submitting the bid.

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

XXII]. INSOLVENCY OF THE CONTRACTOR: In the event of contractor and if contractor is a firm, any partner of the contractor firm, is adjudged insolvent or bankrupt or makes on assignment for the benefit of his creditors, the Company will have a right to give 03 days notice to the Contractor of its decision to terminate the contract and the contract shall stand terminated with the same force and effect as if such date was the date for expiration of the original contract.

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

XXIV] APPLICABLE TERMS AND CONDITIONS FOR LESSOR.LESSEE, REAL ESTATE CONSULTANT;

A] LESSSOR’S OBLIGATIONS: The works listed below will be executed and completed before handing over of Theater to the Tenant:

1] All the essential utilities like Fire fighting system. DG. set Electrical Installations, Motors will be made operational at the time of handing over.

2] DG set: The existing DG set of ----KVA capacities will be available in working condition for backup power.

3] Motors: The motors being used for pumping, firefighting system, etc., will be handed over in working condition.

4] Civil works:-Painting/servicing of windows/rectification of flooring, leakage in the roof will be rectified.

B] REAL ESTATE CONSULTANT: The estate agents/Brokers/Real estate consultant shall include

identifying:

I] The reputed firms/Multinational/Govt/State or Central.

II] Submission of offers [Technical bid and price bid] by the prospective tenant.

III] Negotiation with lessor if required.

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IV] Registration of lease deed.

V] Agency commissio9/fees will be payable to the agent of the successful bidder only.

VI] Agency commission/fees are negotiable and shall be based on prevailing rates for such building.

VII] The agency commission payable to agents shall be submitted in a sealed cover along with the Technical bid of the prospective tenant.

VIII] Any other issues other than above.

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

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

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

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

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

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

6. The ITI reserves the right to accept or reject any tender. Authority for acceptance of the tender will rest solely with the ITI, which does not bind itself to accept any tender and not to assign any reason for rejecting the same. ITI reserves the right for deduction of the amount from interest free security deposit which becomes liable to be paid on the following grounds:

a. Any amount which ITI becomes liable to pay to the Government /Third party on behalf of any default of the successful bidder or any of his/her/their servant/agent/employees or staff.

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b. Any payment/fine made under the order/judgment of any court/consumer forum or law enforcing agency or any person working on his behalf.

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

XXV]. MISCELLANEOUS:1. The Bidding Process shall be governed by, and construed in accordance with,

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

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

3. The License Agreement are to be taken as mutually explanatory and, unless otherwise expressly provided elsewhere in this, in the event of any conflict between them, the priority shall be in the following order:

a) License Agreement

b) Document; i.e. the License Agreement above shall prevail over tender document. In case of any correction/addition/alteration/omission in the tender document observed at any stage, the bid shall be treated as non-responsive and shall be rejected.

XXVI].THE CHAIRMAN AND MANAGING DIRECTOR, IS AUTHORITY TO RECOVER THE COST IN CASE OF ANY DEFAULT. If the Lessee neglects or fails to do anything which he is required to do under the provisions of the contract, the Chairman-cum-Managing Director or any other authorized person may serve a notice on the Lessee asking him to do the things agreed upon as aforesaid and on their neglect or failure to do as directed, cause the same to be done and recover the cost thereof from the contractor/tenderer(s) without prejudice to any other rights, the Company may have on account of such default.

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

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

XXIX] INDEMNITY.

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

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

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

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

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

SIGNATURE OF THE BIDDER

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ANNEXURE-1

DETAILS OF THE INFARASTRUCRE AVILALBLE AT THEATER

The details of the infrastructure available is as follows:The built up area is around 11933 sq.ftPlot area of the building= 32645 sq.ftSeating capacity :592 seats

Ground floor capacity: 396 seatsBalcony: 196 seats

Separate toilets for ladies and gents are available in Ground floor and Balcony areaSpacious parking for two wheeler and four wheelers are also available.Projector and other accessories are in position inside the theater.

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

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ANNEXURE-2

GENERAL INFORMATION OF THE BIDDER

1. Name of Bidder :____________________________

2. Complete postal address (with Telephone/FAX Nos./E-Mail)i. Corporate Office: __ :__________________________ii. Addresses of all branch offices in India: ______

______________________3. In case of Consortium/JV the information above shall be provided for all the

members of the consortium.

4. Other information regarding role of each member:Sl. Name of Member Proportion of Equity to Role*No. be held in the

Consortium123

* Specify Whehter Lead member / Ordinary Member

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

a. Name :b. Designation :c. Address :d. Telephone Number :e. Fax Number :f. E-Mail Address :

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

7. Complete profile of company

(Name of the Authorized Signatory)For and on behalf of (Name of the Bidder)

DesignationPlace:Date:

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ANNEXURE-3BID FORM

(To be submitted on company’s letter head)

No: Dated:

To,

………………..

Sub: Bid for “ RENTING OF THEATER AT A-AREA OF ITI BANGALORE PLANT-K.R.PURAM

Sir,

With reference to above subject, I/we, having examined the Bidding Documents and understood their contents, hereby submit my/our Bid for the aforesaid allotment of contract for “RUNNING THE THAEATER AT A-AREA IN ITI’S PROPERTY on License Fee basis from ITI. The Bid is unconditional and unqualified.

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

2. I/ We shall make available to ITI any additional information it may find necessary or require to supplement or authenticate the Bid.

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

4. I/ We declare that:a) I/ We have examined and have no reservations to the Bidding Documents,

including Addendum/ Corrigendum, if any, issued by ITI; and

b) I/ We do not have any conflict of interest in accordance with provisions of the document; and

c) I/ We have not directly or indirectly or through an agent engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as stipulated in the document, in respect of any Bid or request for proposal issued by or any agreement entered into with DD; and

d) I/ We hereby certify that we have taken steps to ensure that in conformity with the provisions of the tender, no person acting for us or on our behalf has engaged

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or shall engage in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice; and

e) The undertakings given by me/us along with the Application in response to the for the above subject were true and correct as on the date of making the Application and are also true and correct as on the Bid Due Date and I/we shall continue to abide by them.

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

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

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

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

9. I/ We offer due Bid Security (EMD) of Rs ……..(……Lakh Rupees)) to ITI in accordance with the Document. If I/We fail to keep the tender open as aforesaid of make any modifications in the terms and conditions of the tender which are not acceptable to the ITI, I/We agree that the Directorate shall without prejudice to any other right or remedy, be at liberty to forfeit the said earnest money absolutely. Should this tender be accepted, I /We agree to abide by & fulfill all the terms conditions of aforesaid tender document. Earnest Money will be refunded to us without any interest thereof if our tender is not accepted.

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

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

12. The financial offer has been quoted by me/us after taking into consideration all the terms and conditions stated in the tender document, addenda /corrigenda, our own estimates of costs and after a careful assessment of the site and all the conditions that may affect the project cost and implementation of the project. I/We are satisfied with the locations of the advertisement areas and fully understand &

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comprehend the technical requirements. I/We are also fully satisfied as to the business viability of licensing the advertisement panels and shall not claim any compensation, dues or any other consideration whatsoever on this account.

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

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

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

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

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

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

Yours (Signature, name and designation of the

Authorised signatory) Name and seal of Bidder/Lead Member

Date:Place:

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ANNEXURE-4FORMS FOR BID SUBMISSION TECHNICAL

QUALIFICATION INFORMATION (TECHNICAL)

The information to be filled by the bidder

1 Place of Registration____________ (Attach Copy)

Principal place of business & address

Financial turnover during.

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

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

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

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2

3 Year In Rs. Lakhs

ProjectName

Name of Employer

Descrip-tion of Work

ContractNumber

ValueofworkRs.

Dateofissueof

Specified period of completion

Actual date ofComple- tion

Remarks explaining reasons for delay in

1 2 3 4 5 6 7 8 9

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SI. No Reference of Clause No. & Page No.

Deviation in the proposal

Brief reasons

Signature of the bidder

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SlNo

Name of theproject

Clientdetails

Value of theproject

Type of contract - Turnkey/BOT/DBOT etc

Status of the project - timely completion / cost over runs / meeting the design objectives

SlNo

Name of the project

Clientdetails

Value of the project

Status of the project - timely completion / cost over runs /meeting the design objectives

[

ANNEXURE-5

FINANCIAL BID

Financial Bid Form.

To,Deputy General Manager-CS,Bangalore PlantITI Limited, Bangalore.

Sir,

I/we have read and examined the following documents relating to the “RENTING OF THEATER” IN ITI’S A-AREA LOCATION.

(a) Notice inviting tender.(b) General stipulations(c) Terms and conditions of the contract.

1. I/we hereby offer to the “RENTING OF THEATER IN ITI’S A-AREA” FOR 5 years referred to in the aforesaid documents, subject to the General stipulations, Terms and conditions of contract.

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

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

4. I/we agree that the Company shall, without prejudice to any other rights or remedy, be at liberty to forfeit the said earnest Money absolutely, if(a) I/we fail to keep the offer open as aforesaid.(b) I/we fail to make the contract deposit as required and execute the

contract agreement when called upon to do so within 15 days from the date of receipt of acceptance letter from Company.

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

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

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7. I/we offer to run the theater on commercial basis for a period of 5 [five] years as per the terms and conditions of bid documents as specified by the Company for fee of Rs.---------------------.]This fee is quoted for 12 month only.Excluding of applicable taxes/duties and in accordance to clause ----------------of tender document.

8. I have submitted EMD.

Address:

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

In case of partnership Firm: -

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

Signature of the bidder

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ANNEXURE-6

CONSORTIUM AGREEMENT/MEMORANDUM OF UNDERSTANDING

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

BETWEEN

Mr. ____________________________ R/o____________________________________ OR M/s______________________, a Company incorporated under the Companies Act, 1956 and having its Registered Office at _______________________ acting through its___________________ duly authorized by a resolution of the Board of Directors dated______ (hereinafter referred to as the „LEAD MEMBER‟ which expression unless excluded by or repugnant to the subject or context be deemed to mean and include its successors in interest, legal representatives, administrators, nominees and assigns) of the ONE Part;

AND

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

AND

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

WHEREAS ITI Ltd (hereinafter referred to as ITI) has invited Bids for the Renting the existing “THEATRE” located at the sites; ………….in terms of the Bid documents issued for the said purpose and the eligibility conditions

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required that the Bidders bidding for the same should meet the conditions stipulated by ITI for participating in the bid by the Consortium for which the Bid has been floated by ITI Ltd.

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

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

NOW THIS CONSORTIUM AGREEMENT / MEMORANDUM OF AGREEMENT HEREBY WITNESSES:

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

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

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

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

5. That the share holding of the members of the Consortium for this specified purpose shall be as follows:

i. The Lead Member shall have _____per cent (___%) of share holding with reference to the Consortium for this specified license agreement.

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ii. The Participant Member shall have ____ (___%) of share holding with reference to the Consortium for this specified license agreement.

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

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

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

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

1. ( )

Authorized SignatoryFor (Name of the company)

2. ( )

Authorized SignatoryFor (Name of company)

3. ( )Authorized Signatory For (Name of company)

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

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ANNEXURE-7

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

___________________ as a lead member of the consortium of ____ companies; namely___________________________________________________________ (Complete name with address) jointly & severely undertake the responsibility in regards to the license agreement with ITI in respect of Licensing of _____ _______

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

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

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

We also confirm that our consortium was made on Dt.____________, for seeking contract/license for taken Theater on rental any other prevailing applicable policy, statutes, codes, applicable laws etc as applicable from time to time and in support of which a copy of our Board Resolution is attached with this Undertaking.

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

1.

2

Witness:

1.2.

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