H.P. HORTICULTURE PRODUCE MARKETING &
PROCESSING CORPORATION LTD
(A Govt. Undertaking)
3RD Floor, Nigam Vihar, ShimlaShimla 171 002 (Himachal Pradesh)
(Tel: 0177- 2623835,2623832, 2623836 Fax: 01770177 2623834)
E-mail:hpmcshimla@live.com
EXPRESSION OF INTEREST
FOR APPOINTMENT AS KIOSK MANAGEMENT CONTRACTOR (KMC) TO MANAGE
AND SUPERVISE KIOSKS OF HPMC
Sealed offers are invited from interested parties or single registered
company/Corporation registered under the companies act or in a joint venture with
another company or partner for engaging a suitable KIOSK MANAGEMENT CONTRACTOR
to manage and supervise the network of kiosks of the Corporation located throughout the
country.
The bid packages can also be downloaded from the websites i.e. http://hpmc.nic.in
or http://himachal.nic.in.. The last date of receipt of duly filled Tender will
w be 19th February
2014 upto 15.00 hours at the office of Managing Director, HPMC, Nigam Vihar, Shimla and
bids will be opened on same day at 15.30 hours.
HPMC reserves the right to accept or reject any or all bids without assigning any
reasons.
Managing Director
H.P. HORTICULTURE PRODUCE MARKETING &
PROCESSING CORPORATION LTD
(A Govt. Undertaking)
RD
3 Floor, Nigam Vihar, ShimlaShimla 171 002 (Himachal Pradesh)
(Tel: 0177- 2623835,2623832, 2623836 Fax: 01770177 2623834)
E-mail:hpmcshimla@live.com
EXPRESSION OF INTEREST - DETAILED
FOR APPOINTMENT AS KIOSK MANAGEMENT CONTRACTOR (KMC) TO MANAGE
AND SUPERVISE THE KIOSKS OF HPMC
Sealed offers are invited from interested parties or single registered
company/Corporation registered under the companies act or in a joint venture with an
other company or partner for engaging a suitable KIOSK MANAGEMENT CONTRACTOR to
manage and supervise the network of kiosks of the Corporation located throughout the
country.
The tender document will be available for sale on payment of Rs.10,000/Rs.10,000/ from the
office of the Managing Director, H.P. Horticultural Produce Marketing and Processing
Corporation,
poration, Limited, Nigam Vihar, Shimla-171002
Shimla
upto 18th February 2014 upto 2.00
P.M. on all working days. Bidders can participate in the bids subject to pre-qualification
pre
requirements. The bid packages can also be downloaded from the websites i.e.
http://hpmc.nic.in or http://himachal.nic.in.
http://himachal.nic.in. However, the intending bidders who use
bidding documents downloaded from the website should submit the documents sale price
of Rs.10,000/- for each bid package by way of Demand Draft in favour of “H.P.
Horticultural Produce Marketing and Processing Corporation, Limited, “ payable at Shimla
at the time of submission of bid failing which the bid will be rejected.
The last date of receipt of duly filled
f
bid will be 19th February,
February 2014 upto 15.00
hours at the office of Managing Director, HPMC, Nigam Vihar, Shimla and bids will be
opened on same day at 15.30 hours. Bid documents are not transferable.
HPMC reserves the right to accept or reject any or all bids without assigning any
reasons.
Managing Director
SCOPE OF WORK
(1)
HPMC has its Regional Offices located at Delhi, Mumbai, Chennai, Kolkatta, Shimla,
Kullu and Kangra and till now the sales of its products were being carried out through
its regional offices and branches directly or through distributors network.
(2)
The Region wise statement of the kiosks, indicating the location of each kiosk, is
attached.
(3)
That the sales turn over from these kiosks during the financial year was Rs 520.00
lacs.
(4)
That the KIOSK MANAGEMENT KIOSK (KMC) would manage and supervise the
network of outlets / kiosks of HPMC all over the country.
(5)
The KMC bidding should have a minimum investment in relevant plant and
machinery of Rs 25.00 crores installed at its facility including that of its subsidiaries if
any.
(6)
The master kitchen of the bidder should be of International standards and should
have mandatory clearances from the concerned authorities.
(7)
That the KMC besides supplying processed fruit products of the Corporation would
arrange to supply ready to service including heat and eat eatable products
through these kiosks.
(8)
The KMC should indicate the range of products to be provided through the kiosks
of the Corporation.
(9)
The Bidder would indicate the Percentage increase in Annual sales projections for the
sale of HPMC products over and above the actual value of sales of the year 2012-13
(base year)
(10) The bidder would also indicate the sales turnover from these items and also indicate
percentage of revenue sharing on ready to service eatable products.
(11) Incentives would be given to the KMC on the basis of the following for the sale of
HPMC products:a. No incentive to be given on the growth of sales of HPMC products till the level of
growth quoted by the bidder is successfully achieved.
b. In case the increase in sales of HPMC products is from 100 to 300 % of the value of the
quoted growth over the base year the incentive would be to the extent of 2 % of the
sale value.
c. If the achievement is more that 301 to 500 % the incentive would be 2 ½ %
d. Achievements of over 501 % above growth offered by bidder would entitle the KMC to
a 3 % incentive.
(12) The KMC would be responsible for:i. Selection of the range of HPMC products which will be sold through these outlets.
ii. To source the ready to service eatable products including heat and eat eatables
products and to decide from where they would be procured.
iii. To effect delivery of the products to the kiosks and outlets and provide all logistic
support.
iv. Procurement of orders from the sale outlets and effect deliveries.
v. Maintaining and servicing of outlets at regular intervals.
vi. To assist the Corporation in brand building and sales promotion.
v. To collect the revenue receipts and maintain and manage the accounts.
vi. To upgrade and spruce up the kiosks.
vii. Ensure that no product directly competing with HPMC in the same cold beverage
category is sold in these kiosks.
viii. The KMC will help HPMC in improving the quality of its products, labels,
container designs and advertisements from time to time on the basis of market
feedback.
ix. Prepare sales account and stock position of hpmc and heat and eat products on
a daily basis using modern IT tool / software. The daily sale statement and stock
position will be made available on hpmc portal on a regular basis.
(13) Supply and sell heat and eat products; the items to be sold are to be sold in
consultation with HPMC. While approving the products, HPMC would give preference
to product innovation, novelty and ensure that the products are compatible with its
own range of items.
(14) In view of the sizable investment by the KMC in improving the infrastructure of the
Kiosks and establishing a complete logistic system, it is felt that the operation of the
kiosks should be given for a minimum period of 10 years. However, the performance
would be reviewed on a year to year basis and the minimum targets as agreed upon
would be achieved and in case of default the performance guarantee amount of the
party would be forfeited. In case of continued default for two years or more HPMC
management can consider termination of the agreement.
(15) In case of default for the first year the performance guarantee of the party would be
forfeited and the party would have to cover the shortfall for the year during the second
year of operation and would have to deposit the performance guarantee for the
targeted amount of the second year.
(16) That the KMC would responsible for modernising, designing and giving a uniform look
to the outlets throughout the country. The design and outlay of the kiosks would be
approved by the Corporation before implementation of the new design. The cost of
such investments would be shared between the KMC, kiosk holder and the Corporation
as may be mutually agreed upon.
(17) The redesigning of the kiosks would be done in a phased manner and all kiosks would
be given a new look within a period of one and a half year from the signing of the
agreement.
(18) To make the matter transparent the designs and cost estimates would be prepared by
KMC and submitted to the Corporation and photographs of the kiosks would be taken
before taking up the redesigning work and after the kiosks have been redesigned /
refurbished / spruced up. Assessment of the costs would be done by a committee
headed by the Managing Director HPMC, Manager (Finance) HPMC, Regional Manager
HPMC (of the concerned Region) and two representatives of KMC. The costs would be
shared between HPMC and KMC in the ratio of 30:70.
(19) The products of the Corporation would be allocated 60 % of the total covered area
for display and sale, the remaining 40 % would be utilised for the sale of other
products to be supplied by KMC.
(20) The logo / mast of the Corporation would be prominently displayed on the kiosks
besides advertisement boards for publicity of HPMC products.
(21) The KMC would ensure that the sale of products other than HPMC and those
supplied on mutually agreed basis by KMC is never allowed on these kiosks. The
KMC will also ensure that within three months all products other than HPMC
currently sold on these kiosks are removed from these kiosks.
(22) The base year for the targets to be fixed for KMC would be the actual sale for the year
1st April 2012 to 31st March 2013 (base year).
(23) On finalisation of the tenders for appointment of KMC, a meeting of kiosks holders,
KMC and HPMC would be arranged at major Regional centres such as Delhi, Bangalore,
Mumbai, Chennai and Kolkota to finalise the modalities of operation and to introduce
the KMC to the vendors.
(24) Those utmost hygienic conditions would be ensured at the kiosks and KMC would
ensure to provide clean, healthy food items and lay emphasis on hygienic
production sources, process and best operating system.
(25) The KMC and franchisee would ensure that the basic equipment is available at the
kiosk at their cost. Depending upon the size and locational capability of the kiosk,
each kiosk will be equipped with suitable heating, cooking and cold storage
equipments.
(26) That the KMC to operate these kiosks would quote a commission of sales volume
payable to them for the services rendered. The KMC would ensure / guarantee that
net revenue earnings of these kiosks would grow manifold in the coming years.
(27) That in case of non fulfilment of the contractual obligations the EMD and
performance guarantee of the KMC would be forfeited.
(28) That for exercising effective monitoring controls all process of accounting of the
kiosks would be Information Technology driven and accounting of stocks and sales
would be online.
INSTRUCTIONS TO BIDDERS
1.1
The BID shall be in the prescribed form and complete with all the detail.
1.2
No BID will be received after expiry of the due date and time as indicated in
the Tender document under any circumstances whatsoever. No amendment
sent by telegram/fax to the tender document already submitted shall be
considered, provided it is received before the due date and time for opening
of the tender and it is confirmed in writing by post.
1.4
Pre-Qualification requirements of bidder.
(a)
The tender document will be available for sale on payment of Rs.10,000/from the office of the Managing Director, H.P. Horticultural Produce
Marketing and Processing Corporation, Limited, Nigam Vihar, Shimla-171002
from _____________,January 2014 upto 15.00 hours on all working days.
However, the intending bidders who use bidding documents downloaded
from the website should submit the documents sale price of Rs.10,000/- for
each bid package by way of Demand Draft in favour of “H.P. Horticultural
Produce Marketing and Processing Corporation, Limited, “ payable at Shimla
at the time of submission of bid failing which the bid will be rejected.
(b)
Earnest money of Rs 50,000/- (Rupees fifty thousand) shall be deposited in
the form of Crossed Demand Draft payable at Shimla favouring “HP
Horticultural Produce Marketing and Processing Corporation, Ltd.,” Earnest
Money”. Any tender which is not accompanied by the EMD in the prescribed
manner will be summarily rejected. No interest shall be allowed on the
Earnest Money.
(c)
The Bidder should have proven financial and technical strength and
marketing experience of selling processed fruit, vegetable based products
and operation of fast food / ready to eat food items
(d)
The bidder must have made an investment in relevant Plant and Machinery of
over Rs 25.00 crores on its own or in its wholly owned subsidiaries, for which
it must submit proof.
(e)
Net worth the company/ agency should not be less than 20.00 crore every
year for the last three years.
(f)
The annual turnover of the company for the last three years should be more
than Rs 7.00 crores on an annual basis.
Note: Bidders will please note that those bidders who do not fulfill the above
requirements, their bids are liable to be rejected.
1. Contents of Tender
The tender bid will be in two parts:Part-I
Technical
1. The original copy of Part I of tender must be stamped and signed by the bidder on
all pages and submitted duly completed in all respects including Tender Form in
acknowledgement of acceptance of all terms.
2. EMD in the manner specified in the general terms and conditions and conditions of
contract.
3. Documents required to be submitted in support of pre-qualification.
i. An authorization on letter head of the company with seal duly signed by Managing
Director/Director/Authorized signatory in favour of person signing the bid
documents or a duly signed power of attorney must be submitted.
ii. Bidder must also furnish the following details with the Technical Bid documents:
(a)
Copies of Registration Certificate of the company (self attested)
Income Tax returns for the last three years (Copy of PAN No.)
(b)
List of companies whose products are planned to be sold by the
bidder. Complete details about the achievement(s) with regard to sale
of products of other Company in the past three years;
(c)
List of products marketed and being marketed by the company.
(d)
Documents in support of their claim against stipulated investment in
relevant Plant and Machinery and net worth, duly audited for the last
three years.
(e)
The audited Balance Sheet of the Company for the last three years.
(f)
Copies to indicate the Mandatory Food Clearance for manufacture and
sale of Ready to service eatable products.
(h)
Copies to indicate that the bidder has the kitchen / facilities for
manufacture of the ready to serve including heat and serve products.
Part-II
Financial
1. That the party bidding / KMC, to take the business would offer a percentage of
margins to be given to the Corporation.
2. The MRP on the product would be decided mutually between the KMC and the
Corporation.
3. All expenses on operation of the kiosks towards sourcing of material and
maintenance of the kiosks would be that of the KMC and the kiosk holder and the
Corporation would not bear any part of it.
4. The bidder will give annual sale achievement target figures for operation of the
kiosks which the bidder will be able to achieve during the period of 1st April 2014
to 31st March 2015, or from the date of taking over the kiosk management.
5. Both the parts I & II above will be submitted in SEPARATE SEALED ENVELOPES
with the tender form Part-I and Part-II as appropriately indicated on the top of
envelope. EMD shall be enclosed with Part-I.
6. HPMC reserves the right to reject/negotiate all or any of the BIDS and to accept in
whole or part of any of the tenders without assigning any reason for so doing.
7. The successful bidder will be considered for appointment as Kiosk Management
Contractor, hereinafter referred to as KMC of HPMC to manage and supervise the
network of kiosks all over the country and will be required to sign an agreement
on the format approved by the HPMC for fulfilment of the contract. (Specimen
copy of the agreement to be signed by the bidder with HPMC is at Annex. I).
8. The bid shall remain valid for a period of 30 days from the date of opening of
tender. In the event of the bidder withdrawing his offer within the validity period,
for any reason what- so- ever, Earnest Money deposited with the tender will be
forfeited by the HPMC.
9. Bidder is advised in his own interest to satisfy himself about the areas wherein he
is to carry out the operation of managing and supervising the kiosks and the sales
achievement target for which he will be submitting the bid prior to submission of
the bid. He shall be deemed to have full knowledge of all the accompanying
tender documents, technical /financial bids and other conditions. The expenses
incurred in getting information or carrying out demand survey to be conducted by
him before giving the bid shall not be reimbursed in any case.
10. Conditional and / or incomplete BIDs are liable to be rejected.
11.The bidder who will be appointed as KMC of the Corporation, shall as soon as
possible but not later than seven days after the date of issue of appointment
letter, have to enter into the agreement with the HPMC. He shall submit detailed
month wise annual production programme indicating time schedule and
destinations for supplies of various items of processed products to hpmc in one
month advance.
12. Contract Agreement: - A formal agreement shall be entered into by the KMC with
the HPMC for the proper fulfilment of the contract within seven days from the
issue of appointment letter. In case the agreement is not executed by the
awarded bidder, the HPMC shall at its option without prejudice to any other price
or claims against the bidder within seven days after expiry of the said seven days
by notice in writing revoke the acceptance of the BID, and thereupon the HPMC
shall not be liable to any claim from the bidder for work already done. The
earnest money deposited with the BID shall be forfeited by HPMC.
13. KMC shall recommend the appointment and renewal of parties to manage the
kiosks and such recommendations shall be examined by the Managing Director
jointly with the KMC and take the decision on basis of merit. On approval of
HPMC, the parties will enter into a tripartite agreement between HPMC, KMC and
the kiosk holder on such terms and conditions as may be mutually agreed.
15. The kiosk holder would be responsible for the payment of rentals and other
liabilities of electricity, water, taxes etc to the authorities having allotted the
kiosk and the KMC would keep an account of such payments and ensure that all
liabilities are cleared timely and HPMC would not be responsible for the same. In
case of default KMC would be accountable for the same.
16 Payment Terms: The KMC will be entitled for one month credit facility against
post dated cheque and can lift stocks equivalent to the bank guarantee/security
at a time.
17. Performance Guarantee: The KMC will give a Performance Guarantee in the
form of an irrevocable bank guarantee amount to 2% of the total target of sale
of HPMC products contracted to be achieved by the bidder during the year of
operation. The performance guarantee will be released after satisfactory
completion of the contractual period. However, the performance would be
reviewed on a year to year basis and the minimum targets as agreed upon would
be achieved and in case of default the performance guarantee amount of the
party would be forfeited. In case of continued default for two years or more
HPMC management can consider termination of the agreement. Wherever the
agreement is rescinded, the Performance Guarantee will be enchased and the
amount of the same will be forfeited.
18 In case of default for the first year the performance guarantee of the party
would be forfeited and the party would have to cover the shortfall for the year
during the second year of operation and would have to deposit the performance
guarantee for the targeted amount of the second year.
19. If at any time, during the continuance of this agreement, the performance in
whole or in part by either party of any obligation under this contract shall be
prevented or delayed by reason of any war, hostility, acts of public enemy, civil
commotion, sabotage, serious loss or damage by fire, explosions, epidemics,
strikes, lockouts or acts of God(hereinafter referred to events) provided, notice of
the happening of any such event is given by either party to the other within ten
days from the date of occurrence thereof, neither party shall by reason of such
event, be entitled to terminate this contract nor shall either party have any claim
for damages against the other in respect of such non-performance of delay in
performance, and sales arrangements under the contract shall be resumed as
soon as practicable after such event has come to an end or ceased to exist, and
the decision of the HPMC’s authority as to whether the sale arrangements have
been so resumed or not shall be final and conclusive.
PART-I (TECHNICAL)
TENDER /OFFER FORM
(To be submitted in duplicate along with all details as specified in the Tender Document)
To
The Managing Director,
H.P.Horticultural Produce Marketing & Processing Corporation,Ltd.,
3rd Floor, Nigam Vihar,
Shimla-171002
Sub: Tender/Offer for KIOSK MANAGEMENT CONTRACTOR to Manage and
supervise the kiosk network throughout the country.
Dear Sir,
I/We have read and examined the following documents relating to EXPRESSION
OF INTEREST FOR Kiosk Management Contractor to Manage and supervise the
kiosk network throughout the country.
(a) Notice inviting offers
(b) Instructions to bidders
(c) Scope of work
(d) Technical/Financial conditions;
2.
I/We hereby tender for appointment of Kiosk Management Contractor to
Manage and supervise the kiosk network throughout the country.. Upon
the terms and conditions contained or referred to therein and in accordance with
the technical/financial conditions given in Part I and Part II, the relevant details
regarding technical conditions are enclosed in sealed cover and the financial
conditions viz. product-wise targets year-wise for ten years given in Part-II are
enclosed in sealed cover.
3.
In consideration of I/ We being invited to given offer, I/we agree to keep the bid
open for acceptance for 30 days from the date of submission thereof and not to
take any modification in its terms and conditions which are not acceptable to HPMC.
4.
A Demand Draft / Receipt No._______________dated______________for
Rs.10,000/- (Rupees ten thousand only) payable at Shimla in favour of H.P.
Horticultural Produce Marketing & Processing Corporation, Limited in payment
towards the cost of the tender document is being submitted herewith.
4.
A Demand Draft No._______________dated______________for Rs50,000/(Rupees fifty thousand only payable at Shimla in favour of H.P. Horticultural
Produce Marketing & Processing Corporation, Limited in payment of earnest money
for the bid submitted is forwarded herewith/ has been submitted alongwith our
earlier offer dated. If I/We fail to keep the tender open as aforesaid, or make any
modification in the terms and conditions of the tender which are not acceptable to
the HPMC, I /We agree that HPMC shall without prejudice to any other right or
remedy, be at liberty to forfeit the said nearest money absolutely. Should this
tender be accepted, I / hereby agree to abide by and fulfil all the terms and
conditions and provisions of the aforesaid document.
5.
If, after the tender is accepted, and I/We fail to commence sale of hpmc products
as provided in the conditions,, I /We agree that the HPMC shall without prejudice to
any of their right or remedy be at liberty to forfeit the said earnest money
absolutely or execute the work at risk and cost to me/us, whichever is beneficial to
HPMC.
SIGNATURE_____________________
DESIGNATION____________________
Company_________________________
_________________________________
_________________________________
Dated: ____________________________
COMPANY SEAL
To
The Managing Director,
H.P. Horticultural Produce Marketing & Processing Corporation, Limited,
3rd Floor, Nigam Vihar,
Shimla-171002
Sub: Tender/Offer for appointment of Kiosk Management Contractor to Manage and
supervise the kiosk network throughout the country.
Dear Sir,
I/We hereby submit offer for expression of interest for Kiosk Management Contractor
to Manage and supervise the kiosk network throughout the country, our quote with
regard to increase in sales of HPMC products in percentage terms over the previous year and the
revenue share to be given to HPMC out of the gross sales of the heat and eat products to be given
by us and sold at these kiosks in percentage terms is as follows:
Sr No
1.
Particulars
Percentage
increase
in
HPMC sales / turnover over
the last year (which is
2012-2013 -Rs.5.20 crore)
Note : The % increase
to be indicated for the
years subsequent to
2014-15 shall be on the
sales figure of the
previous years and not
on the sale of 2012-13.
2.
Percentage of the gross sale
revenue to be offered to
hpmc out of the sales of
heat and eat products to be
supplied and sold at the
kiosks by KMC or any other
product to be mutually
decided, along with the
value of sales turnover
proposed to be achieved by
the KMC per annum.
Quote in %
Percentage increase
Amount (in Rs)
Year
% increase
2014-15
2015-16
2016-17
2017-18
2018-19
2019-20
2020-21
2021-22
2022-23
2023-24
Maximum sale per annum
Year
Total
turnover/
sales per
annum
2014-15
2015-16
2016-17
2017-18
2018-19
2019-20
2020-21
2021-22
2022-23
2023-24
The % of Amount of sale
sale revenue revenue to be
to be given given to hpmc
to hpmc
Note :- Should this tender / offer be accepted, I /We hereby agree to abide by and fulfil all the
terms and provisions of the said conditions of the contract, in default thereof to forfeit and to pay
the HPMC the sums of money mentioned in the said conditions of the offer, otherwise the said
sums on account of earnest money and security deposit shall be retained by the HPMC as
specified in clause 18 of the said conditions of the agreement.
Company seal
Date:
SIGNATURE
DESIGNATION
________________________
________________________
COMPANY
_________________________
___________________________
Annex.I
AGREEMENT
This Agreement made on this day________ of_______ between Himachal Pradesh
Horticultural Produce Marketing
and Processing Corporation Limited. A Company
registered under the Companies Act., 1956 with its registered office at Nigm Vihar,Shimla2 through its Managing Director, hereinafter called the “ First party” which expression
unless repugnant to the context shall include his successors, executors, administrators and
assignees of the “First Party” and M/S.___________ through its authorized representatives
Sh.____________ S/O of Sh.______ resident of____________ herein after called the
“Second Party” which expression unless repugnant to the context shall include his
successors, administrators, assignees/ partners/directors etc. of the Second party for
appointment of Kiosk Management contractor (KMC) to Manage and supervise the kiosk
network throughout the country for the sale of hpmc products manufactured by the “First
party” and supply of ready to service eatable products through these kiosks .Whereas the
“First Party” is engaged in the manufacturer of various fruit products and “Second Party”
is willing to act as Kiosk Management Contractor (KMC) to Manage and supervise the kiosk
network throughout the country for the sale of hpmc products manufactured by the “First
party” and supply of ready to serve eatable products through these kiosks the country and
the parties have agreed on the following general conditions:1.
2.
3.
That this agreement shall come into force from the date of execution of this
agreement. The “second party” will manage and supervise the network of kiosks
operated by the First party throughout the country for a period of ten years upto 31st
March 2024.
That the “first party” shall supply to the “second party” all goods indented and the
“second party” shall use its best endeavour to promote and extend the sale of the
products throughout the country through the network of kiosks to all potential
purchasers thereof and work diligently for the purpose.
The second party would be responsible for:i. Selection of the range of HPMC products which will be sold through these
outlets.
ii. To source the ready to serve including heat and eat eatable products and
to decide from where they would be procured.
iii. To effect delivery of the products to the kiosks and outlets and provide all
logistic support.
iv. Procurement of orders from the sale outlets and effect deliveries.
v. Maintaining and servicing of outlets at regular intervals.
vi. To recommend the appointment and renewal of contracts of kiosk holders.
vi. To assist the Corporation in brand building and sales promotion.
v. To collect the revenue receipts and maintain and manage the accounts.
vi. To upgrade and spruce up the kiosks.
vii. Ensure that no product other than what is mutually agreed with HPMC is
sold from these kiosks.
viii. The KMC will help HPMC in improving the quality of its products, labels,
container designs and advertisements from time to time on the basis of
market feedback.
4.
That the second party would be responsible for modernising, designing and giving
a uniform look to the outlets throughout the country. The design and outlay of the
kiosks would be approved by the first party before implementation of the new
design. The cost of such new look kiosks would shared between the first party and
the second party in the ratio of 70 :30.
5.
That the second party shall recommend the appointment and renewal of parties to
manage the kiosks and the first party will ordinarily accept such recommendations
but to begin with the existing operation will be allowed and in case they do not
comply with the instructions and sell other products or do not perform as per
target, the 2nd party shall recommend the changes. On approval, the parties will
enter into a tripartite agreement between the first party, second party and the
designated kiosk holder on such terms and conditions as may be mutually agreed.
6.
All expenses on operation of the kiosks towards sourcing of material and
maintenance of the kiosks would be that of the Master Franchise.
7.
For increasing sales and to make kiosks profitable, second party would suggest
additional products, such as ready to serve including heat and eat eatables, which
can be introduced for sale through the kiosks. The products would be sold subject
to approval of the first party.
8.
That the sale outlets will not be allowed to sell any product other than that
specifically agreed to by first and second party. No cold beverages, other than
products and bottled water manufactured by the first party shall be sold through
the kiosks by the second party.
9.
That utmost hygienic condition would be ensured at the kiosks and the second
party would ensure to provide clean, healthy food items and lay emphasis on
hygienic production sources, process and best operating system.
10. The outlets would be provided with basic equipment like refrigerator, micro wave
oven, hot plate etc. for serving the products. The second party will appropriately
place cooking, heating, cold storage equipments depending on kiosk size and
location.
11. That the second party to manage the operation of these kiosks would strive to
maximise the sale of the products of the first party from the date of taking over
the kiosk management and must ensure to achieve a sale of Rs _________ lacs
of HPMC products for the financial year 2014-2015. Target from ready to serve
including heat and eat eatable products would be Rs __________lacs for the Year
2014-2015 and Rs _______ for 2014 and the second party would pay a
commission of _____% on
the sales of these
products. The second party would ensure / guarantee that net revenue earnings
of these kiosks would grow manifold in the coming years.
12. The sales target in subsequent years would be as follows:Year
2015-16
2016-17
2017-18
2018-19
2019-20
2020-21
2021-22
HPMC Products
Other products
(heat and eat)
commission
2022-23
2023-24
13. That in case of non fulfilment of the contractual obligations the EMD and
performance guarantee of the second party would be forfeited at the discretion of
the first party.
.
14. That the “Second party” shall pay at prevalent prices (the prices will however be
subject to revision by the “first party” from time to time) plus taxes including octroi
during the period of agreement and their further sale by the “second party” shall not
exceed maximum retail price embossed on the labels/containers of the products.
However, the “ Second party” shall deliver the goods to retailers after adding
prescribed margin of the “second party” as per price list circulated from time to time.
15. That the “second party” shall lift the products from the “first party’ after depositing
the full payment in cash or through a demand draft. In case the “second party”
wants to avail credit facility, the “second party” shall furnish security in the form of
cash/bank guarantee for an amount of Rs. _______ in favour of the “first party”. The
credit facility shall not be beyond a period of 30 days and shall not exceed the
amount of security furnished.
16. That the “second party” shall only place the order of products one month in advance
which are manufactured by the “first party”. The processed products once supplied
by the “first party to the “second party” shall not be taken back by the “first party”
on the pretext that it is not sold due to one reason or the other. Products found
puffed/damaged will be returned by the “second party” to the “first party” within
fifteen days from the receipt of goods.
17. That the ”first party” shall supply the goods F.O.R godown(s) of the “second party”
(octroi, sale tax and toll tax or any other levies if any to be borne by the “second
party”.
18. That the “second party” shall ensure a minimum sale of Rs._____ initially with in one
year in the area allotted for which the “second party” shall furnish a performance
guarantee equivalent to 2% of the target amount of sale of products of the “first
party” allotted to the “second party” in the shape of cash/bank guarantee. The
performance guarantee will be released after satisfactory completion of the
contractual period. However, the performance would be reviewed on a year to year
basis and the minimum targets as agreed upon would be achieved and in case of
default the performance guarantee amount of the party would be forfeited. In case
of continued default for two years or more HPMC management can consider
termination of the agreement. Wherever the agreement are rescinded, the
Performance Guarantee will be enchased and the amount of the same will be
forfeited.
In case of default for the first year the performance guarantee of the party would be
forfeited and the party would have to cover the shortfall for the year during the
second year of operation and would have to deposit the performance guarantee for
the targeted amount of the second year.
19
That in case the “second party” fails to fulfil / meet the target of sales or fails to fulfil
its obligation under the agreement, “first party” can cancel the agreement by issuing
one month notice and the “second party” shall clear all the dues if any immediately.
20
That for exercising effective monitoring controls as far as possible
all process of accounting of the kiosks would be Information Technology driven
and accounting of stocks and sales would be made online by the second party.
21
If at any time, during the continuance of this agreement, the performance in whole
or in part by either party of any obligation under this contract shall be prevented or
delayed by reason of any war, hostility, acts of public enemy, civil commotion,
sabotage, serious loss or damage by fire, explosions, epidemics, strikes, lockouts or
acts of God(hereinafter referred to events) provided, notice of the happening of any
such event is given by either party to the other within ten days from the date of
occurrence thereof, neither party shall by reason of such event, be entitled to
terminate this contract nor shall either party have any claim for damages against the
other in respect of such non-performance of delay in performance, and sales
arrangements under the contract shall be resumed as soon as practicable after such
event has come to an end or ceased to exist, and the decision of the HPMC’s
authority as to whether the sale arrangements have been so resumed or not shall be
final and conclusive.
22. That in case of any dispute or differences which may arise between the parties or
their representatives with regard to the construction meaning and effect of this deed
or any part thereof or in respect of any sales, indent or supply in respect of this deed
or any other matter will be referred to an arbitrator to be appointed to Managing
Director of “first party” after getting consent of the “second party.
23. That all disputes arising out of this agreement shall be subject to the jurisdiction of
Shimla courts.
IN WITNES WHEREOF THE PARTIES TO THIS AGREEMENT HAS SET THERE HANDS
THAT THEY MONTH AND YEAR WRITTEN ABOVE I THE PRESENCE OF MARGINAL
WITNESS.
For and behalf of Himachal Pradesh
Horticultural Produce Marketing and
Processing Corporation Ltd.
(First Party)
Witness :
For and on behalf of
M/S
______________________
______________________
(Second Party)
1._________________
1. _________________________
2. __________________
2. _________________________
REGION WISE LOCATION OF HPMC KIOSKS
S.N
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14
15.
16.
17
18
19
20
21
22
23
24.
25.
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45.
46
47
48
49
50
51
52
1.DELHI REGION
Sh.N.Khan,New Delhi,Plat form-1
Sh.A.Bhatia,New Delhi Plat form No 8-9
Sh.Dinesh Verma,New Delhi, paharganj
Sh.R.S.Thakur,Old Delhi Rly Station
Sh.Kamal Thakur, Old Delhi Rly , Ajmeri Gate
Sh.K.D.Jamwal Old Delhi Rly Station
Sh.Darshan Singh,Nizamuddin, Rly.Stn.
Sh.H.L.Marhaw,IRCA
Sh.Subhash Deewan,Delhi
Sh.Kishore Sharma,RML Hospital
Sh.Suresh Pathania,L.N.J.P Hospital
Sh.Suriender Pathania,G.T.B.Hospital
Sh.Savitri Banyal, Safdarjanj Hospital
Sh.Neeru Vig.Din Dayal Hospital
Sh.Anil Vig –doSh.HarjeetSingh,Guru Govind Hospital,
Sh.Subhash Gupta,L.B.S,Hospital.
Sh Sunil Pathak, Babu Gagjivan Ram Hospital
Smt.Savitri Jain,Safdarjang Hosp.
Sh.S.Baniyal, Indu Rao, Hosp.
-do- LNJP Hospital
Sh.Jagdish Gautam, Swami Dayanand, Hosp.
Sh.Deepak, Kasturba Gandhi, Hosp.
Sh.Rahaul Jain, Ambedkar, Hospital
Sh.Shyam Lal,Sanjay Gandhi ,Hospital
Sh.RahulJain,BahgvanMahavir Hospital
Sh Ramesh Kumar, Jag Parvesh, Hospital
Sh.R.S Rana,St. Stephen , Hospital
Sh.Arun Mehta, Defence Colony
Sh.R.N.Chauhan,Sardar Vallabh ,Hosp.
Smt.Santosh Kumari,Raja Harish chand
Sh.Umesh, Acharya Bichua , Hospital
Sh.Sunil Sahah, ISBT (Dep. Wing)
Sh.Dayal Chand, ISBT, Terminal
Md.Murishd, ISBT,Saraikale Khan
Sh.Ashok Kumar, ISBT Anand Vihar,
Sh.Ashok Kumar, ISBT Anand Vihar,
Sh.Kamlesh Marwah,Tis Hazari Court
Sh.Yashwant Singh,Delhi High Court
Sh.Ram Bahadur ,Karkarduma Court
Sh.Ishan Singh,Rohini Court
Sh.R.N.Chauhan, Rail Bhawan
Sh.ArvindJha,IIT Hauz Khas
Smt.Meena, Lokshaba
Smt.Ashima,JNU
Sh. Govinda Jha,NIFT
Sh.Bishwas,IGNOU
Sh. R.N.Chauhan, Rail Bhawan
Sh Radhey Shyam, Sale Tax
Sh.Rahaul Singh, ICD Okhla
Sh.Prabhat Rana,N.Uddan Bhawan,IGI
Sh.Rakesh Bhatia,Baroda House
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
Sh.S.N.Mishra,Delhi University
Sh.Sudhir Kumar.ICD Dadri
Sh.Suresh Kumar Railway Board P.M.
Sh. Gaurav Singh,M.M.M.Hosp.
Sh.Rahul Gautam,Jamia Millia Uni.
Sh.Gaurav Mahajan,Saket Cout.
Smt.Raj Kumari,ESI Hospital Okhla
Sh. Rajesh, Trauma Centre
Sh.Kailash Shah, Dwarka Center
Sh. Sunil Kumar, B.M. Hosp.
Sh.Parveen Jain, SPM Marg
Sh.Tara Singh Jeena, ITO
Sh.Raj Kumar ESI Hosp.
Sh. Ashwani CHS,Delhi Jal Board
Sh. Rajveer Singh Delhi Zoo
Sh.Sanjay Prashar ,CWC
Sh.Rahul Jain Rajdhani College
Sh. Rajender Kumar ESI Hosp.
Sh. R.N. Chauhan,ESI Rohini
Smt. Santosh Shah, Aruna Asaf Ali
Sh Surinder Pathania, Haus Khas
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
2.LUCKNOW BRANCH (closed)
Sh. Jai Prakash, Azamgarh Bus Stand
Sh.Vijay Kumar PF No 2/3
Sh.Lal Chand Kesar Bag
Sh. Lal Chand Chand Bag
Sh. Lal Chand Alam Bag
Smt.Anjali Bhatia,Lucknow
Sh. Raj Kumar PF – 1, Allahabad
Sh. Raj Kumar, Bus Stand, Allahabad
Sh. Raj Kumar Banaras
Sh. Raj Kumar Gorakhpur
Sh S.C.Aggarwal KGMC, Budh Park Lucknow
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17
3. JAIPUR BRANCH(closed)
Sh Narayan Das Rly.Stn.Jaipur,P.F.No.1
-do-do-No.2/3
Sh Suresh Bhatt, Jaipur-4
Sh. Manvender Singh, Jaipur
Sh. Rashid Bhai, Jaipur
Sh. Hemindra Singh, Ajmer
Sh Mukan Singh, Sirhoi
Sh Mukan Singh, Sandey Rao
Sh Kailash Singh, Jhunjunu
Sh Mukesh Jat, Sikar
Sh Suman Yas, Bikaner
Sh Manish Sanger, Jodhpur
Sh Dinesh Kumar, Bundi
Sh Kailash ji Chomu
Sh Parbhat Singh Chitorgarh
Sh Rajesh, Udaipur
Kan Singh Bhilwara
4.MUMBAI, REGION
1.
2.
3.
Sh.Yashwant,Church Gate
K.S.Trade,C.S.T
HPMC,WTC
1.
2.
3.
4.
5.
6.
7.
8.
9.
5.AHEMDABAD BRANCH (closed)
HMC,Ahmedabad W/ Rly Ahmedabad
F.T.C.Ahmedabad
GSRTC Junagarh
Sh.G.B.Singh,Civil Hospital
Sh.Sudhir Bhai,GSTC .
Sh.Parveen Bhai
ITC,GSTC Rajkot
Sh.Deepak Suarat
Sh.Anil Narsari
1.
2.
3.
4.
5..
6.
7.
8.
9.
10.
11.
12.
13.
14.
6. CHENNAI REGION
Sh.Antony Beach Rly. Stn
S.V.Ent. Fort. Rly Stn.
Sh.B.D.Sharma,Park Rly. Stn.
Sh.D.Prasannakumar,Central Rly. Stn.
Sh.B.D.SharmaM.Mkt.Rly.Stn.
Lakashi Ent. Egmore Rly.Stn.0.84
Sh.Suresh Kumar,Nugan Rly.Stn.
Sh.C.S.Ramesh,Mambbalam,-doSh.Surjith Kumar,Guindy,Rly.Stn.
Sh.M.J.Thomas Mount. Rly. Stn.
Sh.N.Shanmugam, Tambaram Rly.
CMBT Bus Stand
Tirupur Bus Stand
Mudurai Bus Stand
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
7. SECUNDERABAD BRANCH (closed)
Sh.P.Srinivas Rao,Secunderabad
_doNampally
Sh.P.Srinivas Rao, Vijayawada
-do-doSmt.Shamshed Begum,Renigunta Rly.
Sh.P.S.Rao, Kazipet Rly.1
-do-doRly-2
-doRethifil,RTC
Sh.K.M.Mohan,Hyd.37
-doHyd.33
Sh.P.S.Rao,Koti
-doSuryapat RTC
Sh.T.Satyanarayana,Vijayawada RTC
Sh.RajhamundryRTC
Sh.P.S.Rao,Vizag RTC
Hyd.RTC.28
Sh.Bheemavaram,RTC
Sh.Kama Reddy RTC
Sh.S.S.Ali Tadipathri RTC
-doHindpur
-doBedvel
Sh.Ramesh Babu,Guhtakal RTC
Hyd. Arrival
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44
45.
46.
47.
48.
49.
50.
51
52.
53.
54.
55.
56.
57.
58
59.
60.
61.
62.
63.
64.
65.
66.
67.
Sh.T.Purushotam,Rayachoti RTC
Sh.Sadaq Ali Guddapahal
Sh.Fayak Khan,Madanapally
Sh.P.S.Rao,Uppal
-doJedecherla
RIMS
Kadaja
Sh.O.G.Dharani ,S.V.TPT-1
Sh.Jaila Bhaita,TPT-CBS
Sh.N.Aruna,Akashganga
Sh.L.Prakash,Mookalimitta
Sh.N.Gopal,ATC-TML
Sh.Rushikesh,Tirumala
Sh.Kambagir Swami,Anantapur
Sh.M.N.Rehman Mydukur RTC
Sh.P.Deepa,Pilaru RTC
HPMC, Puttaparti
Sh.M.V.Subba Rao,Guntur RTC
Chittikudu/TML
Secretariate
Kodad RTC
S.V.TPT-II
Gngole,R.T.C.
Vijayawada-II
Jubilee,Bus stand
Kurnool RTC
Tuni RTC
Nellore –doAtmakuv RTC
Nandyal RTC
Koilkuntla RTC
Allagadda RTC
Narketpally RTC
Lumbini Park
Swarrna Xanthi comp.
Maithrivanam Hyd.
Jalavinar-HMDA
Near Rly.Stn HMDA
Opp:EAT-HMDA
Opp:Rly-Stn-HMDA
Kanipakam
Naithri Vihar-HMDA
Rethifile-II
Kavali
Narsaraopet
1.
2.
3
4.
5.
6.
7.
8.
9.
8. BANGALORE BRANCH (closed)
Bangalore city Railway Station Concourse
Bangalore city Railway Station PF No. 1
Bangalore city Railway Station PF No. 2-3
Bangalore city Railway Station PF No. 7-8
BMTC / Shivaji Nagar BS Shop No 1
BMTC / Shivaji Nagar BS Shop No 2
BMTC / Vijay Nagar Bus Stand
BMTC/ Double Road (1) Bus Stand
BMTC/ Double Road (2) Bus Stand
10
11.
12
13
14
15
16
BMTC (1) Majestic Bus Stand
BMTC (2) Majestic Bus Stand
BMTC Bana Shankar Bus Stand
Mysore Palace Shop No 1
Mysore Palace Shop No 2
KRS DAM (South)
KRS DAM (North)
1.
2.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
9. Kerala
Kanya Kumari Rly Stataion
Nager Coil Rly Stn.
TVM P.F. No. 1
TVM P.F. No. 2
VARKALA
KOLLAM
KAYAMKULAM
AAPPUZLA
CHERTHLA
CHENGANNUR
TIRUVALLA
CHENGANESSARY
KOTTAYAM
ERNAKULAM PF1
ERNAKULAM PF2
ERNAKULAM NORTH
ALWAAI RLY STN
ALWAAI PF 1
TRISSUR PF2
SHORNUR
PALAGHAT
KANNU
TVM CENTRAL
TVM CITY
KAYAMKULAM
ALAPUZHA
ERNAKULAM
AIRPORT TVM INTER. DEPARTURE
MUSEUM
1.
2.
3.
4.
5.
6.
7.
8.
9.
10
11.
12.
13.
14.
15.
10 . KOLKATA REGION
Howrah Rly. Stn.
Sealdah, Northern Rly. Stn.
-doSouthern,-doHowrah Subway
Kharagpur, Rly.Stn.
NJP Airport
NJP. Rly.Stn.
Bhubaneswar Rly.Stn.PF.No1
-do- Rly. Stn. No.2&3
Jharsudga Rly. Stn.
Cuttack Rly.Stn.
Cuttack , Bus Stand
Bhubaneswar, Bus Stand
Roerkela Rly Stn.
Ghy. Airport
16.
17.
18.
19.
20
21
22.
23
24.
25.
26.
-do-Rly. Stn.
Patna Rly. Stn..3 Nos
SCS, Rly Stn,P,F,No,1
Mughalsarai ,Rly. Stn.
Tatanagar, Rly. Stn.
Mughalsarai,PF
Champa ,Rly.Stn.
VSKP,Rly Stn.
Mas R/Stn.3/4
Mazaffarpur R/Stn.
Patna Medical Co.
1.
2.
3.
4.
5.
6.
7.
8.
11. COLD STORE PARWANU REGION
HPMC,Sale Shop, Parwanu
-do- ,Sale shop ,Jabli
Sh. Ronak Lal, Rly Station Jullandhar
Sh. Prabhas, Bus Stand, Patiala
Sh. Tejinder, Bus Stand Patiala
Sh. Jaskaran Bus Stand Sangrur
Sh Devinder Kumar, Rly Station.
Sh. Tribhuvan, Bus Stand Patiala
1.
2.
3.
4.
.
12. KULLU REGION
Smt. Durga Devi,Bus Stand ,Kullu
Sh.Vijay Laxmi,Juice Bar,B.S.Manali
H.P.T.D.C.Manali
Monika Awasthi,Kullu
1
2.
3.
4.
5.
6.
7.
8.
9.
10
11.
12
13.
14.
15.
16
17
18.
19.
20.
21.
22.
23
13. KANGRA REGION
Sh. Chander Bhan,Chamunda
Sh.Sunil,Dharamsala
Sh.Anil,Hamirpur
Sh.Ashwani, Kangra
Sh.Ravi Kumar,Palampur
Smt.Kuldeep,Kaur
Sh.R.S.,Jammu
Sh.Sanjeev Kumar,Una
Sh.Shashi Pal,Dehra
Sh.Rajesh Kalia,Chintpurni
Sh.Naveen Sood ,Dharamsala
Smt.Meera,Shahtalai
Sh.Umesh,Baijnath
Sh.Bishan Dass,Jawala
Sh.Monu Guleria
Sh.Om Prakash
Sh.Dinesh Kumar
Sh.Rajeev,J/Mukhi
Sh Sanjeev Acharya
Sh.Raj kumar,Naudan
Sh.Rajat,Hamirpur
Sh Mohinder Singh
Sh.Vijay Kumar
1
14. SHIMLA REGION
Ashwani Kumar,Bus stand,Shimla
2.
3.
4.
5.
6.
7.
8.
9
10
11
12
A.K. Sharma,IGMC,Shimla
Uma Shankar, H.P.University,Shimla
HPMC,Ridge Shimla
HPMC,Subzi Mandi,Shimla
Poonam Sharma, Advance Studies,Shimla
Shivani Sood,Sanket Mochan
Vijay Kumar,Tibetian School
Sh In Kapoor Rly Station
Sale Shop Rampur
Sales shop,Bus Stand
HPTDC
Regional Office Chennai
Chennai
Secunderabad
Banglaore
Kerala
- 126
Regional Office Delhi
Delhi
Lucknow
Jaipur
- 101
14
67
16
29
73
11
17
Regional Office Kolkota
Regional Office Mumbai
Mumbai
Ahmadabad
Regional Office Parwanu
Regional Office Kangra
Regional Office Kullu
Regional Office- Shimla-
- 26
-12
Total
312
3
9
-8
-23
-4
- 12