WEST BENGAL STATE BEVERAGES CORPORATION LTD.

(An Undertaking of the Govt. of West Bengal)

SUBHANNA (S.G.O COMPLEX), PLOT 9, BLOCK – DF
SECTOR 1, SALT LAKE, KOLKATA – 700 064
Phone: 033-2341-2741 / 42; eMail: [email protected]
NIT No. BEVCO/2022/123 Date:29.09.2022
Short e-Tender Notice
The Managing Director, West Bengal State Beverages Corporation Ltd. (hereinafter referred to
as “WBSBCL” or “the Corporation”) invites e-Tenders, under a two-bid system, for selection of
agencies to operate the Bevco-Retail shop(s) under Revenue Sharing Franchisee Model, in the district
of Darjeeling. The details of the sites are given at Annexure I.
Selection of agencies to operate the Bevco-Retail
1. Name of the work(s) shop(s) under Revenue Sharing Franchisee Model, in
the district of Darjeeling as per the Annexed list.

Date from which the tender

2. documents can be downloaded from 12.10.2022 from 11 AM
website,
Date and time up to which the tender
3. documents can be downloaded from 25.11.2022 up-to 6.55 PM
website,
4. Date and time of closing the bid 25.11.2022 up-to 6.55 PM
Date and time for opening of 28.11.2022 at 11 AM
5. technical bid
6. Date and time of opening of Financial
Bid Will be intimated to technically qualified bidders
after evaluation of technical bids.
Date and time of e- auction Will be intimated to the qualified bidders after
7. evaluation of Financial Bids.

Tender Fee (Non-Refundable) (Not Rs. 20,000/- + 18 % GST = Rs. 23,600/-

8. transferable) All tender related payments to be made online only.
DD‟s are not accepted. Proof of payment of tender fee
shall be uploaded along with technical bid.
Rs. 1,00,000/shop- (Rupees One lakh per shop only)
9. Earnest Money Deposit (EMD) EMD have to be paid Online through WB E
procurement Portal only
The bids shall be submitted in two parts viz.(i) Technical bid & (ii) Financial bid through e-
Tender Website i.e. https://wbtenders.gov.in. Detailed of the Documents to be uploaded are
10.
provided in the Bid document.

11. Financial bids shall be opened after evaluation of technical bids.

12. E- Auction mechanism shall be after evaluation of Financial Bids.

 WEST BENGAL STATE BEVERAGES CORPORATION LTD.
(An Undertaking of the Govt. of West Bengal)
SUBHANNA (S.G.O COMPLEX), PLOT 9, BLOCK – DF
SECTOR 1, SALT LAKE, KOLKATA – 700 064
Phone: 033-2341-2741 / 42; eMail: [email protected]
NIT No. BEVCO/2022/123 Date:29.09.2022

Selection of agencies to operate the Bevco-Retail shop(s) under Revenue

Sharing Franchisee Model, in the district of Darjeeling.

West Bengal State Beverages Corporation Limited, a fully owned undertaking of the
Govt. of west Bengal, invites tenders from individuals/registered firms/ companies/
societies/LLPs as per applicable act(s) as Franchisee(s) for operation of Bevco-Retail
shop(s) under Franchisee Owned - Franchisee Operated (FOFO) Revenue Sharing Model
in the district of Darjeeling and at the locations specified in the Annexure-I.

Individuals/Registered Firms/Companies/Societies/LLPs or any other entity already

holding Excise retail licenses for sale of liquor are not eligible to apply.

The tender document (e-tender) can be downloaded from the WBSBCL

website www.excise.wb.gov.in or from the WB e-Tenders Portal https://wbtenders.gov.in
from 11.00 AM of 12.10.2022 onwards and up to 06.55 PM of 25.11.2022. Terms and
conditions, timelines etc. for participating in the e-tender shall be as provided in the tender
document and the terms and conditions of WB e-Tenders portal shall also apply, if any.

The intending bidders shall register themselves with the WB e-Tenders portal using valid
Digital Signature Certificate. Interested bidders can participate in the bidding only after
payment of a non-refundable tender fee of INR 20,000 (Indian Rupees Twenty
Thousand Only) along with 18% GST (Total INR 23,600/- (Indian Rupees twenty-
three thousand six hundred only) using the WB e-Tenders portal online. In addition to
Bid Security, the bidder shall pay EMD of Rs. 1,00,000/- (One Lakh Rupees) per shop
through online in e-Tenders portal. The bidder shall upload receipt/ transaction
acknowledgment along with the Pre qualification documents in the Online portal.

Last date for submission of Techno- Commercial Bid is 25.11.2022 by 6.55 PM.
Any further communications, amendments etc. shall be available on the above website of
WB E-Tenders and the website of WBSBCL.
 WBSBCL reserves the right to (i) reject any or all bids with or without assigning any
reasons whatsoever, (ii) reschedule / postpone the bid date (s) due to any unforeseen
circumstances at any stage of the bid process, (iii) cancel or annul the entire bid process
without assigning any reasons whatsoever.
Data Sheet

Sl. No. Parameter Details

1. Tender Document Fee INR 20,000 + 18% GST = INR 23,600

(Rupees twenty-three thousand six hundred
only)

Amount of Bid Security Rs. 1,00,000/shop- (Rupees One lakh per

2. shop only)

3. Date from which the tender

12.10.2022 from 11 AM
documents can be downloaded
Date and time up to which the
4. tender documents can be 25.11.2022 up-to 6.55 PM
downloaded
5. Date and time of closure for
submission of the bid 25.11.2022 up-to 6.55 PM

28.11.2022 @ 11.00 AM
6. Date and time for opening of
@ Corporate office of WBSBCL, Salt
Technical bid
Lake, Kolkata, West Bengal

* Pre-Bid meeting will be held at Conference Hall, Mainak Tourist Lodge, Hill Cart Road,
Pradhannagar, Siliguri-734001 on 4.11.2022 at 11 AM

I. Disclaimer:

Any Information, other than that contained in this tender document, if

subsequently provided to Bidder(s), whether verbally or in documentary or any other
form on behalf of WBSBCL by any of its employees or advisors, other than issued
under the seal and signature of the Tender Inviting Authority, on the terms and
conditions set out in this tender will not merit consideration.

This Tender is neither an agreement nor an offer by WBSBCL to the

 prospective Bidders or any other person. The purpose of this Tender is to provide
interested Bidders with information that may be useful to them in making their
Bids/Proposals pursuant to this Tender.

WBSBCL, its employees and advisors make no representation or warranty

and shall have no liability to any person, including any Bidder under any law,
statute, rules or regulations or tort, principles of restitution or unjust enrichment or
otherwise for any loss, damages, cost or expense which may arise from or be
incurred or suffered on account of anything contained in this tender or otherwise,
including the accuracy, adequacy, correctness, completeness or reliability of the
Tender and any statement or information contained therein or deemed to form part of
this Tender or arising in any way for participation in the Bidding Process.

WBSBCL also accepts no liability of any nature whether resulting from

negligence or otherwise howsoever caused arising from reliance of any Bidder upon
the statements contained in this Tender.

WBSBCL may in its absolute discretion, but without being under any
obligation to do so, update, amend or supplement the information, assessment or
assumptions contained in this Tender.

The issue of this tender document does not imply that WBSBCL is bound to
select a bidder and WBSBCL reserves the right to reject all or any of the Bidders or
bids without assigning any reason whatsoever.

Each 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 WBSBCL or any other costs incurred in
connection with or relating to its Bid. All such costs and expenses will remain with
the Bidder.

This Tender Document is not transferable. The tender fee paid by the Bidder
for the Tender Document shall not be refunded.

II. Introduction:
The West Bengal State Beverages Corporation Limited (“WBSBCL” or the
“Corporation”) is a fully owned undertaking of the Government of West Bengal.

WBSBCL has been entrusted by the Authority to sell India Made Liquor and
Foreign Liquor bottles through retail outlets. This tender document is being issued
by WBSBCL for selection of Franchise(s) for operation of Bevco-Retail shop(s)
under Franchisee Owned - Franchisee Operated (FOFO) Revenue Sharing Model as
 per the Annexure list under e-auction mechanism.
III. Background:

WBSBCL has been authorized to undertake the responsibility of selecting the

agencies to operate the Bevco-Retail shop(s) under Revenue Sharing Franchisee
Model, in the district of Darjeeling as per the Annexure list under e-auction
mechanism.

Qualified bidders are hereby invited to review the details of roles and
responsibilities as Franchisee and submit their technical bid (against the Eligibility
Criteria) and submit their Price bids.
IV. Scope of Work

(a) The selected bidder will be engaged as Franchisee of Bevco-Retail shop(s) of

WBSBCL.

(b) The Franchisee has to identify restriction free sites for setting up the shops at the
sites detailed in the list provided at annexure-I, in compliance with the Bengal
Excise Act, 1909 as amended up to date and the rules made there under as
amended from time to time. A single bidder may bid for a maximum of 3 sites
irrespective of subdivision or District. While bidding for the sites, it has to be
considered that the sites are free from all restrictions as envisaged in existing
Excise Rules and Acts.( As detailed in Annexure-II)

(c) No site offered in a Municipal Corporation area will be within a radius of 1 KM

from any existing liquor outlet licensed and functioning . For Municipal/Notified
area and the gram panchayat areas the site should be situated outside a radius of 2
KM and 3 KM respectively from any existing liquor outlet licensed and
functioning.

(d) The retail outlets must have minimum area of 100 sq.ft. each and a storage
godown of minimum 100 sq. ft. attached to it. All the shops should have common
design and décor and the Franchisee has to decorate the shops as per the design
and decor fixed in this respect by WBSBCL. The franchisee has to procure the
liquor products from the licensed entities as per the Bengal Excise Act, 1909 and
Liquor Sourcing Policy of the Corporation.

(e) For more clarity on scope of work the intended bidders are requested to attend
pre-bid meeting as specified in the schedule.

V. Detailed Responsibility of the Franchisee

 a. The entire responsibility to engage adequate manpower for Operation and
Maintenance of shops in compliance of various acts and rules lies with the
Franchisee.

b. The Franchisee shall comply with statutory requirements of all applicable

Acts and Rules as may be applicable for running the business under the
Franchisee agreement. .

c. All the personnel engaged by the Franchisee in connection with the

performance of the work shall be the responsibility of the Franchisee and no
claim shall lie against WBSBCL in respect of non-payment of wages or
remuneration of any description due by the Franchisee to his/her / their
employees or for any failure on the part of the Franchisee in the discharge
of his/her/their obligations to his/her/their employee(s).

d. Franchisee shall issue photo identity cards to all its employees with a copy to the
District Excise & WBSBCL Authorities.

e. The Franchisee shall not assign his/her/their responsibilities or sublet the

same to any other person.

VI. Eligibility Criteria:

The interested bidder shall qualify all of the following requirements.

1. Tender Document Fee (Nonrefundable):- The Bidder shall pay the prescribed tender
fee using the WB e-Tenders portal online.
2. Bid Security (EMD) :- Rs. 1,00,000/- (Rupees One lakh) per shop only. Payment
shall be made through WB e-tender portal.
3. Legal entity :- Bidder can be a Individual( any person of and above the age of
twenty one years who is a citizen of India and a Person of Indian Origin
(P.I.O.))/Proprietor/HUF/Partnership Firm/ registered company under Companies
Act, 1956 or 2013/ society/LLP. The Bidder should submit proof of registration.
The Bidder should have obtained the below documents before the date of
publication of Tender:
a) Constitutional Document of Bidder duly certified by the authorized signatory.
(i.e. MOA & AOA )
b) Certificate of Incorporation in case of Company, registered Partnership Deed in
case of Partnership Firm, EPIC in case of Proprietor & Registration Certificate of
Society under society registration act, and Memorandum and Articles of Association
and Rules & regulations in case of society.
c) Copy of the PAN duly certified by the Authorized Signatory.
 d) In case the nature of the bidder is an Individual/ proprietor, document regarding
proof of Indian citizenship/PIO has to be uploaded.

e) GST registration certificate (GST Registration Certificate of the Bidder) duly

certified by the Authorized Signatory( other than individual)

4. The bidder should not be involved in any activities related to manufacturing

/distribution of liquor in anywhere in the country directly or indirectly. The bidder
and his dependents of individual or member of a partnership firm or
Directors/shareholders of a company or corporation or Society or LLP should not
hold any retail Excise license in the State of West Bengal.

5. Blacklisting :- A self certified letter by the authorized representative of the bidder

has to be submitted that the Individual or the company or the firm has not been
blacklisted by any Central Government/ State Government/ Public Sector
Undertaking or declared ineligible for corrupt or fraudulent practice as on the date
of submission of the bid.

6. Financial Capability :-
a) Bidders shall have minimum annual turnover of Rs. 50,00,000/- in any of the 03
Financial Years out the last five Financial Years 2016-17, 2017-18, 2018-19,
2019-20 and 2020-21.
OR
Bidders shall have Taxable Income / Profit before Tax as the case may be (Copy
of ITR / Audited balance sheet) of Rs.5,00,000/- (Rupees Five lakhs) to be
eligible to participate in tender. Copies of ITR / Audited balance sheet for Last
03 years in support of the claim shall have to be furnished.
b) Bidders shall have to submit bank solvency certificate of Rs. 10,00,000/-
(Rupees Ten lakhs) per shop issued on a date not older than 15 days from the
opening date of this Tender. Solvency certificate has to be issued by any
Scheduled Commercial Bank.
7. Authorized representative of bidder:- A power of attorney/copy of Board resolution
authorizing the authorized signatory to sign the Bid Document has to be submitted.
Original Power of Attorney (notarized)/ Board Resolution Copy to be uploaded.

8. No franchisee shall ordinarily be granted to -

(a) a person who was convicted by a criminal court of a non-bailable offence;

(b) a former holder of excise license who was found guilty of serious breach of the
terms and conditions of the license;
 (c) a former holder of excise license who was defaulter in payment of excise or any
other Government dues;

(d) a person who is interested, either directly or indirectly, in the manufacture or sale of
any intoxicant in a foreign territory or any bordering State of West Bengal;

Note:
i) In order to meet the eligibility criteria, bidders should submit required
documentary evidence of FY 2020-21, 2019-20,2018-19, 2017-18, 2016-17, (only
last 5 financial years) and at least meet criteria for any of three years individually.
ii) The bidder shall upload a notarial affidavit regarding,-
a) non-conviction by any criminal court for any non-bailable offence.
b) Non defaulter of any Government dues.
c) Not being interested, either directly or indirectly, in the manufacture/distribution
or sale of any intoxicant in a foreign territory or anywhere in the country;
d) That the bidder and his dependents of an individual or member of a partnership
firm or Directors/shareholders of a company or corporation or Society or LLP
do not hold any retail Excise license in the State of West Bengal.

Terms and Conditions

I. Conflict of Interest

The selected bidder at all times hold the Corporation‟s interest‟s paramount,
avoid conflicts with assignments of other companies or their own corporate
interest.

Any bidder for any assignment that would be in conflict with their prior or
current obligations to other Corporations / Entities, or that may place them in
a position of not being able to carry out the assignment in the best interest of
the WBSBCL, shall not be appointed as Franchisee of WBSBCL.

II. Amendment of Tender Document:

i. At any time prior to the e-Tender submission due date, WBSBCL may, for
any reason, whether at its own initiative or in response to clarifications
requested by a Bidder, modify the Tender Document by the issuance of
Addenda/Corrigenda.
ii. Any Addendum/Corrigendum issued hereunder shall be posted in the website
of WB E- tender portal and WBSBCL.
iii. In order to afford the Bidders a reasonable time for taking an
 Addendum/Corrigendum into account, or for any other reason, WBSBCL
may, in its sole discretion, extend the Technical Bid or the e-Tender due date,
if required. The bidder before uploading both the technical and finance bids
shall go through the corrigenda/addenda if any issued by the Corporation.
iv. WBSBCL also reserves the right to modify or alter the Tender Document and
also to withdraw or cancel the Bidding Process at any stage.

III. EMD:

The bidders are required to pay EMD of INR 1,00,000/- (One lakh rupees)
per shop only through online payment in the E-tender portal of Government of
West Bengal,
i. The offers without EMD will be rejected.

ii. The EMD of the unsuccessful bidders will be returned upon finalization of
the Tender through Online “EMD Refund option” in the E-tender portal at
the earliest.

iii. WBSBCL shall not be liable to pay any interest on the EMD so made and
the same shall be interest free.

iv. The EMD shall be forfeited by the Corporation in the following events.
1. If a Bidder engages in a Corrupt Practice, Fraudulent Practice, Coercive
Practice, Undesirable Practice or Restrictive Practice as specified in
this Tender Document; or

2. If a Bidder does not submit the Financial bid; or

3. If a Bidder does not participate in or withdraws the bid during the

period of bid validity as specified in this Tender Document or as
extended by mutual consent of the respective bidder(s) and WBSBCL ;or
4. In the case of Successful Bidder, if it fails within the specified time
limit to operationalize the shop; or

5. If a bidder fails to sign the Contract or abide by any other terms and
conditions thereof.

IV. Cost of submission of bid:

The Bidder shall bear all costs of preparation and submission of Bid.
Corporation in no case be responsible or liable for such costs of the Bidder,
regardless of the conduct or outcome of the process of evaluation of Bids.
V. Process of submission of bids

i. The bidder shall submit his response through Bid submission to the tender on
e- tender platform at https://wbtenders.gov.in by following the procedure as
will be required in the portal to submit the technical as well as financial bid.
The bidder would be required to register on the e- tender portal
https://wbtenders.gov.inand submit their bids online. Offline bids shall not be
entertained by the Tender Inviting Authority for the tenders published in WB
e-tender platform.
ii. The bidders shall submit financial bid in the format displayed in WB e-
tender Platform. The Bidder shall submit their eligibility and qualification
details, Technical bid etc., in the formats (Annexure-III) of this bidding
document. and shall upload the scanned copies of Annexure-III along with all
the relevant certificates, documents etc., mentioned in the bid document
including the following:

a. Proof of payment of tender fee and EMD.

b. ITR/Audited balance sheet as mentioned above

c. All self declaration documents as mentioned above.

d. Bid Acknowledgment letter ( copy of bid document duly signed by

authorized representative)

e. Bidder‟s Details.

f. Declaration against Blacklisting

g. Power of Attorney, if any.

h. Financial Capacity-Solvency Certificate

i. Any other Documents pertaining to Technical Eligibility Criteria in the

Bid Document

j. Copy of PAN, GST registration Certificate etc.

All the relevant documents, certificates shall be uploaded in the e-tender

website before the technical bid due date. WBSBCL may reject any bid that is
not complete in terms of submission of the documents mentioned above and the
decision of WBSBCL shall be final and binding in this regard.
iii. The bidder shall sign on the statements, documents, certificates, uploaded by
him, owning responsibility for their correctness/authenticity. WBSBCL may
reject, outright any Bid unsupported by the adequate proof of the signatory's
 authority. The decision of WBSBCL in this connection is final and binding on
the bidder.

iv. The bidders shall submit the Price Offer in the standard online format provided.
The Financial bid of only those bidders, whose technical bid has qualified, shall
be opened.
v. The bidders shall quote the rate (inclusive of all taxes, GST and statutory fees).
This rate will be the sole bid parameter for Financial evaluation.

VI. Opening of Bids:

i. The Corporation shall open the technical bids on the technical bid due
date as specified in the tender document. The bidders or their
authorized representatives may be present at the time of opening the
technical bids. Only bidder or authorized representative of the Bidder
will be allowed at the time of opening the bids. Authorization letter
shall be provided in respect of the Authorized representative.
ii. The Corporation shall initially evaluate only the technical bids and the
Financial bids of only those bidders whose technical bid has qualified
shall be opened. WBSBCL reserves right to reject any or all bids
received with or without assigning any reason.

iii. Only those Bidders whose financial bids are found to be eligible in
accordance with the prescribed eligibility conditions in the tender
document shall be allowed to participate in the e auction process.

iv. WBSBCL will schedule the e- auction on the website of e-Tenders.

v. The date and time of e-Auction will be intimated to the qualified bidders.

vi. Under the FOFO Revenue Sharing model the selected Franchisee shall have
to share a percentage of her / his profit margin (Retailer Margin on
packaged liquor products) with WBSBCL (Franchisor). The allowed
Retailer Margin is fixed by the Excise Authority and may change from time
to time. Out of the allowed Retailer Margin at any given point of time, the
selected Franchisee shall have to share a percentage with the WBSBCL. For
example, say the calculated Retailer Margin on 1 carton box / case of a
particular liquor product is Rs. 100/-. The Franchisee shall have to quote the
percentage of such amount that she / he offers to share with WBSBCL. The
Minimum Threshold Bid shall be 10 % of such Retail Margin as may
be determined by the Excise Authority from time to time on products
 purchased from the Wholesaler.
vii. The bidder who offers the highest percentage out of the calculated Retail
Margin value in the e-Auction shall be considered as „H1‟ bidder for any
particular location / shop.

viii. The „opening price‟ i.e. start price for e- Auction will be the highest
Financial Bid offered for any particular Item at the time of opening of
Financial Bid.

ix. For the purpose of e- Auction, the minimum bid increment will be 0.1%
(zero point one percent).

x. The Bidders can modify the total price of the bid based on the minimum bid
increment or the multiples thereof, to displace a standing highest bid and
become “H1”, and this will continue as an iterative process.

xi. The e-auction shall be conducted for 3 Hours. If any bidder submits a bid
in the last 15 min of the auction closing time, the auction time will be
automatically increased by 15 minutes. All bidders are required to submit
their online bids during this period.

xii. After the completion of the online reverse auction, the Closing Price (Final
H1 Price) and the successful bidder shall be finalized.

xiii. The bid evaluation criteria as deemed fit and adopted by the
Corporation is final and binding on the bidders.

VII. WBSBCLs right to accept/reject bids:

The Corporation reserves the right to accept or reject any Bid and to annul the
entire Bid process and reject all Bids at any time prior to award of tender
without incurring any liability to the affected Bidders or any obligation to
inform the affected bidders of the grounds for the Corporation's action.
Specifically, if the highest bid received during e-tender is unreasonable or it is
unacceptable on ground of being too low compared, WBSBCL reserves right to
seek justification of the price from H1 Bidder or may ask the H1 bidder to
submit three times of EMD as a performance guarantee. If the price is not
considered reasonable, WBSBCL may not accept such Proposal and go for
another tender process.

VIII. Acceptance of offers:

i. Acceptance by the Corporation will be communicated by E-
Mail/Registered letter/ Courier. The notification of the award will
 constitute the formation of the contract.

ii. The successful bidder(s) shall sign a contract(s) with the Corporation
within 7 days from the date of acceptance of his tender.

iii. The H1 bidder has to complete all the formalities with respect to
setting up of the shops in compliance to various acts and rules and
submit the same to the Corporation within a period of 60 days and
any failure on this part unless otherwise allowed by the Corporation
in writing, the awardee has to pay Rs. One Lakh per shop per month
as a compensation to the corporation.
IX. Duration of the Agreement:

i. The duration of the Agreement will be for three year (36 months)
from the day of commencement of the contract, subject to the Excise
Policy of the State government. No damages could be claimed from
the Corporation on the account of any change of policy of
State/central government which might affect the licensing of retail
shops itself.

ii. Upon satisfactory performance and based on the requirement, the

agreement may be extended for another period of one more year with
the mutual consent and negotiations at the discretion of WBSBCL.

iii. However, if the performance of the Franchisee is found

unsatisfactory and it fails to meet the terms of the Agreement and
guidelines of WBSBCL and other statutory bodies, issued from time
to time, WBSBCL reserves the right to cancel the contract after
giving 15 days of notice without any compensation.

iv. WBSBCL may issue a notice of suspension to the Franchisee at any

time during the agreement directing to suspend all or any part of the
operations, stating the estimated length of and reason for the
suspension. The Franchisee shall, on receipt of a notice of
suspension, take all reasonable steps to immediately stop the retail
activities.

v. Duration of the agreement may change as per amendments made in

the excise policy.
X. Termination of Agreement

i. Termination for Malpractices

WBSBCL may terminate the Agreement by written notice and shall forfeit and
invoke the EMD provided by Franchisee if directed by the Competent
Authority due to malpractices with respect to rules and regulations related to
retail outlets.

ii. Termination due to Force Majeure

If a delay or failure by a Party to perform its obligations due to Force Majeure

exceeds continuous 15 days, the other Party may immediately terminate this
Agreement by notice in writing to the affected Party. In case of termination of
Agreement due to Force Majeure, the Security Deposit shall be returned to
Franchisee.
XI. SECURITY DEPOSIT
i. The successful Tenderers will be required to remit an amount equivalent to
EMD by means of bank guarantee within 10 days from the date of receipt of
communication intimating them of the acceptance of the Tenders.
ii. If the accepted Tenderer fails to remit the Security Deposit within the above
said period, the Earnest money Deposit remitted by him will be forfeited to
WBSBCL and his Tender will be held void.
iii. The Acceptance Order will be issued after execution of a contract by the
successful Tenderer and after the production of Demand Draft/NEFT/RTGS
Receipt for the Security Deposit remittance. (The terms and conditions
contained in this tender document will be converted into contract).

iv. The Security Deposit furnished by the Tenderer in respect of his Tender will
be returned to him on expiry of the contract period subject to the satisfaction
of WBSBCL.

XII. AGREEMENT:

a. The successful tenderer should execute an agreement for the fulfillment of

the contract in the Stamp Paper within Seven days from the date of
acceptance of the Tender (The terms and conditions contained in this
tender document will be converted into contract)
b. The expenses incidental to the execution of agreement shall be borne by the
successful Tenderer.
c. The conditions stipulated in the agreement form should be strictly adhered
 to and violation of any of the conditions will entail termination of the
contract without prejudice to the rights of WBSBCL, including the right to
recover any consequential losses from the successful Tenderer.
d. Acceptance order will be released after execution of the above contract by
the successful Tenderer and after the production of Demand Draft for the
Security Deposit remittance.

XIII. R I G H T OF ACCEPTANCE AND REJECTION

i. The Managing Director, WBSBCL reserves the right to reject in

his sole and unfettered discretion any tender without assigning any
reason. The Managing Director‟s decision shall be final and
binding.
ii. The final acceptance of the tender is entirely vested with the
Managing Director/ WBSBCL who reserves the right to accept or
reject, any or all the tenders without assigning any reason what so
ever. There is no obligation on the part of WBSBCL to
communicate to rejected tenderers. After acceptance of the tender
by WBSBCL, the Tenderer shall have no right to withdraw his
Tender or claim lower rate, till the completion of the contract
period.
iii. Tenders with incomplete information will be summarily rejected.

iv. The Managing Director reserves:

a. The right to reject all or any of the tenders without assigning any
reason.

b. The rates quoted and accepted shall be final and binding.

XIV. C A P A B I L I T Y

a. The Franchisee should be capable of deploying adequate man

and material resources to carry out retail shops under Franchisee
Owned Franchisee Operated Bevco-Retail outlets as per
compliance of various laws and minimum standards as fixed by
the Corporation.

b. There should be continuous flow of operations and closure of

operations because of any omission and / or commission of the
Franchisee shall make him liable to pay compensation to the
 Corporation based on average revenue of preceding month.

XV. VALIDITY OF OFFER

The Franchisee should keep offer open for a period of 90 days from the
date of opening of priced bids. No change under any circumstances will be
allowed once the rate is accepted. The rate accepted will be prevalent for
the entire duration of the contract i.e. three years from the date of
commencement of the contract including the extended period, if any. No
idling charges caused due to closure orders issued by the Competent
Authorities, under any circumstances will be payable by WBSBCL.

XVI. EXECUTION OF CONTRACT

a) The Franchisee selected for the work will be intimated by letter from
the WBSBCL.
b) Under any circumstances except in the case of Acts of God, delays in
setting up the shops as specified above, will not considered as a valid
excuse.
c) WBSBCL reserves the right to make alternative arrangements
if the Franchisee fails to:

i) Setting up of the shops

ii) fulfill his obligations or

iii) Settle his dues in full or if malpractice is detected in tarnishing the

quality of material sold.

In all the above cases, the security deposit will be wholly or

partly forfeited at the sole discretion of the Managing D
iDirector,
WBSBCL in addition to action that may be taken to recover the
cost of material, damage etc.

d) In case of carrying illicit, spurious, non-duty paid items along with

WBSBCL stock, action will be taken against the Franchisee under
Bengal Excise Act, rules made, there under other relevant Acts in
force for criminal offences, termination of contract, forfeiture of
security deposit and also his name will be recommended to the
Government for blacklisting.

XVII. DEFAULT

If the retail operations are neither commenced nor carried out

 progressively, it will be considered as default and appropriate action
will be taken including levy of penalty, forfeiture of security deposit.

XVIII. PERIOD OF CONTRACT

The contract will expire on the due date i.e. Three years from the date of
commencement of the contract. However, it can be terminated by
WBSBCL earlier, if the performance is found unsatisfactory. WBSBCL
reserves the right to suspend the operation till the position returns to
normally or even to cancel/terminate the operations, if it is beyond its
control to make the retail business.

XIX. PAYMENT TERMS

a) All the payments relating to revenue sharing(percentage of profit margin

as per quote) to the Corporations should be made at the time of purchase
of the products from the Wholesaler (WBSBCL)

b) In addition to the shared profit margin the Franchisee shall have to pay
Franchisee fees to the Corporation as per table below :-

Location of the Site Fee for Initial Grant of Annual Franchisee Fee
Franchise
Panchayat Area Rs.1, 00,000/- Rs. 15,000/-
Municipal / Notified Area Rs. 1,50,000/- Rs. 30,000/-
Municipal Corporation Area Rs. 4,00,000/- Rs. 50,000/-

XX. ARBITRATION

a. In respect of all the tender conditions, the decision of the Managing

Director/WBSBCL Shall be final and binding. Any dispute which may
arise during the execution of the contract shall be referred to as provided
under the Arbitration and Conciliation Act. 1996

b. Only Courts in Kolkata shall have jurisdiction for resolving any

dispute arising out of this e-Tender.

XXI. GENERAL

a. The bidders while submitting their bids should enclose a copy of the
conditions stipulated above duly certified and attested by them in token
of accepting the above Tender conditions that they have understood and
 accepted them fully. Bids received without the certified copy of the
conditions shall be rejected summarily. (The tenderer must sign and affix
his seal in every page of the tender document)

b. The selected H1 bidder will be asked to submit the original documents at the
WBSBCL Head Quarter for physical verification of the same.
c. The Franchisee has to install POS at his counter approved by WBSBCL and all
sale of liquor has to be through the system only.
d. The shops will be open for inspection by both Excise Officials at the district as
well as the BEVCO officials or BEVCO audit, as and when required. No prior
notice in this regard will be given to the Franchisee.
e. The Franchisee has to submit monthly return of the sale to WBSBCL HQ.

f. Liability of any fine imposed by the Excise authority for any irregularity lies
with the Franchisee.

g. The Franchisee may accept any discount/ retailer scheme from the Brand
owners or distributors but the same has to be intimated to WBSBCL.

h. The Franchisee will not accept any credit facility unless explicitly authorised
by WBSBCL to do so.

i. All statutory liability for running the shop like procurement of Trade license,
payment of electricity charges, water charges etc. will be the responsibility of
the franchisee.
j. It shall be implied and taken for granted that the bidder has carefully gone through
and understood the Terms and Conditions of e-Tender including the amendments,
if any, prevailing at the time of bid. No complaints or objections shall be
entertained by WBSBCL after the bid is opened / accepted.
k. Participation in the bid shall be treated as acceptance of all the terms, conditions
and modalities as mentioned in this notice.

Sd/-
Managing Director
West Bengal State Beverages Corporation Ltd.
 Annexure-I
List of Local Areas for selection of Franchisees for Darjeeling District

Local Range Circle Mouza/Ward No GP/Municipality Land Mark

area No.
1 Sadar Sadar Ward No 10 Darjeeling Near
Municipality Udaygram
Post Office
2 Sadar Sadar Ward No 6 Darjeeling Near Maruti
Municipality showroom
3 Sadar Sadar Ward no 32 Darjeeling Near Gorkha
Municipality Stadium
4 Sadar Sadar Ward No 22 Darjeeling Beef market
Municipality
5 Sadar Sadar Ward no 2 Darjeeling Batasia Loop
Municipality
6 Sadar Sadar Mouza Reshap Bazar Reshap GP Reshap Bazar
7 Sadar Sadar Mouza Reshap Bazar Reshap GP Munpoo Bazar
8 Sadar Sadar Tukdah/Pubong Tukdah GP Near Tukdah
Mouza BDO Office
9 Sadar Sadar Ramji/Purbaguri Tamsang GP Near
Khasmahal Mouza Sukhaipokhri
BDO Office
10 Sadar Sadar Lamagaon Mouza Kaijalia GP Kaijalia Bazar
11 Sadar Sadar Pubong Khasmahal Pubong Tourist Spot
Mouza Rampuria GP
12 Sadar Sadar Relling Mouza Relling GP Relling Bazar
13 Sadar Sadar Lamagaon Mouza Kaijalia GP Bank
14. Sadar Sadar Bijanbari Mouza Bijanbari GP Bus Parking
15. Sadar Sadar Home Takdah Takdah GP Takdah Bazar
Mouza
16 Sadar Sadar Takdah Khasmahal Lamahatta GP Mamta Park
Mouza
17 Sadar Kurseong Ward No 20 Kurseong Near SDO
Municipality Office
18 Sadar Kurseong Ward No 7 Kurseong Dhobi Khola
Municipality
19 Sadar Kurseong Ward No 14 Kurseong Polytechnic
Municipality College
Bypass road

20 Sadar Kurseong Dudhia Mouza St. Mary‟s II GP Dudhia,

Kurseong,
Darjeeling
more
21 Sadar Kurseong Dilaram Mouza St. Mary‟s I GP Dilaram,
Kurseong,
Darjeeling
more

22 Sadar Kurseong Selphu Khasmahal Sittong GP Salamandor

Mouza Lake
23 Sadar Kurseong Selphu Khasmahal Sittong III GP Dudhia
Mouza Tourist spot
24 Sadar Kurseong Chaitapani T.E. Chimney Doerali Chimney
Mouza GP Tourist Spot
 Local Range Circle Mouza/Ward No GP/Municipality Land Mark
area No.
25 Sadar Kurseong Jamidarvitta Mouza St. Marry‟s III Parking
GP
26 Sadar Kurseong Turuk Khasmahal Sittong II GP Gumba Gaon
Mouza
27 Sadar Kurseong Garidhura/ Saint Mary III Near
Marionbarie Mouza GP Garidhura
Police Out-
Post
28 Sadar Kurseong Sukna/Baikunthapur Sukna GP Near Sukna
Mouza Petrol Pump
29 Sadar Kurseong Chaitapani T.E. Chimney Deorali Upper
Mouza GP Chaitapani
30 Sadar Kurseong Selphu Khasmahal Sittong III GP Uttar Purba
Mouza Selphu
31 Siliguri Siliguri Ward No. 16 Siliguri Near Central
Municipal Residency
Corporation Hakimpara
32 Siliguri Siliguri Ward No. 24 Siliguri Dakshin
Municipal Bharat Nagar
Corporation near Fuleswari
Bazar
33 Siliguri Pradhan Gulmakhari Mouza Champasari GP Near
Nagar Technical
More
34 Siliguri Pradhan Kalkut Mouza Champasari GP Samar Nagar,
Nagar Bot Tola
35 Siliguri Pradhan Gulmakhari Mouza Champasari GP Near Milan
Nagar More
36 Bagdogra Bagdogra Kawakhali Mouza Matigara I GP Kawakhali
37 Bagdogra Bagdogra Rangapani Mouza Gosainpur GP Rangapani
Bazar
38 Bagdogra Bagdogra Upper Bagdogra Upper Bagdogra Panighata
Mouza GP Road
39 Bagdogra Bagdogra Nengtichhara Mouza Atharokhai GP Sishabari
Bazar
40 Bagdogra Naxalbari Bara Jharu Mouza Hatighisha GP Hatighisha
41 Bagdogra Naxalbari Gandagal Mouza Raniganj Panitanki Bus
Panishali GP Stand
42 Bagdogra Naxalbari Bhajanpur Mouza Binnabari GP Chekarmari
 Annexure II
Rule 8 of G.O No. 800-EX dated 29.07.2003 (as amended):
Restrictions on grant of license at certain new sites – (1) No license for the retail sale of liquor
or any other intoxicant at a new site shall be granted where the new site is situated in the vicinity
of an educational institution recognized by the State Government or Central Government, or any
college or institution affiliated to any University established by law, traditional place of public
worship and hospital for public use.

Explanation: (i) For the purpose of this rule, the word “vicinity” means a distance
of 1000 feet measuring,-
(A) where the new site is situated in the part of any building, from the mid-point
of the entrance of such building to the mid-point of the entrance of the
educational institution, college/ institution or traditional place of worship or
hospital etc. as referred to in this sub-rule; or
(B) where any educational institution, college/ institution, traditional place of
worship or any hospital as referred to in this sub-rule is situated in any part of
a building , from the mid-point of the entrance of such building to the mid-
point of the entrance of the new site; or
(C) in any other cases, from to the mid-point of the entrance of an educational
institution or any college/ institution or traditional places of public worship or
hospital as referred to in this sub-rule to the mid-point of the entrance of the
new site,

along the path which an ordinary prudent person normally takes to reach such new site from such
educational institution or college or traditional place of worship or hospital and includes, in case
of sub-item (A),the vertical distance to be reckoned from the mid- point of the entrance of such
building to the floor where such new site is situated, or in case of sub-item (B), the vertical
distance to be reckoned from the mid- point of the entrance of such building to the floor where
such educational institution, college/institution or traditional places of public worship or any
hospital, is situated.

Provided that if a road has to be crossed along the path which an ordinary prudent person
normally takes to reach such new site and of the said road is marked by a „Zebra Crossing‟ for
pedestrians to cross, the said distance shall be measured taking into account the act that an
ordinary prudent person, while walking, would have crossed the said road at the point marked by
the „Zebra Crossing‟ for pedestrians to cross.

(ii) For the purpose of this rule, traditional place of public worship means a place of public
worship that is in existence for a period of not less than twenty years, or as per section 5 of the
West Bengal Religious Building and Places Act, 1985 (West Ben. Act XXXII of 1985) has taken
prior permission of the Collector of the district if the place is outside the jurisdiction of Kolkata,
or the Police Commissioner if the place is within the jurisdiction of Kolkata.

(2) No license for the retail sale of liquor or any other intoxicant shall ordinarily be
granted at any new site in a tribal area.
Provided that this sub-rule will not apply to a local area, within which a tourist
lodge/spot is situated or within which the headquarters of a block or a sub-division or a police
station is located.

(3) [Distance restriction from National or State Highway – the State Government shall
notify the distance from the outer edge of the National or State Highway or of a
 service lane along the highway within which no license for retail sale of liquor shall
be granted.]1

Note 1.- The provisions of rule 8 shall not apply to the licenses mentioned in categories (b), (g),
bars attached to restaurants, located in a 2[shopping mall / shopping centre], of category (i),
hotels of category 3-Star and above of (j), (l), (m), and (n) of rule 4.
3
Explanation to Note 1: For the purpose of this rule shopping mall / shopping centre would mean
a composite commercial shopping complex having a covered floor area of 25,000 square feet or
above.
Note 2- In case of grant of a license of category (dd) at a new site, the provisions of Notification

1
Substituted vide Notification No. 657-FT(EX) dated 07.04.2017. Also refer to Notification No. 271-F.T. dated
06.03.2018 read with Nft. No. 24-EXC dt. 20.03.2018 which states:
“No license for retail sale of liquor shall be granted at a site if, -
(i) such site is situated within 220 metres from the outer edge of any National or State Highway or
of a service lane along such highway;

(ii) such site is situated within 500 metres but above 220 meters from the outer edge of any National
or State Highway or of a service lane along such highway except in areas comprised in local bodies with a
population of 20,000 people or less.

Provided that the distance mentioned above shall be measured along the road which can be used by
motor vehicles.

Provided further that the above restrictions shall not apply to sites located within municipal areas.

Provided also that the above restrictions shall not apply to sites located within any of the Development
Authorities as mentioned below:
a) Kolkata Metropolitan Development Authority (KMDA)
b) New Town Kolkata Development Authority (NKDA)
c) Haldia Development Authority (HDA)
d) Siliguri-Jalpaiguri Development Authority (SJDA)
e) Sriniketan-Santiniketan Development Authority (SSDA)
f) Asansol-Durgapur Development Authority (ADDA)
g) Digha Sankarpur Development Authority (DSDA)
h) Jaigaon Development Authority (JDA)
i) Bardhaman Development Authority (BDA)
j) Midnapore Kharagpur Development Authority (MKDA)
k) Gangasagar Bakhali Development Authority (GBDA)
l) Furfura Sharif Development Authority (FSDA)
m) Tarapith Rampurhat Development Authority (TRDA)
n) Bakreswar Development Authority (BKDA)
o) Patharchapuri Development Authority (PDA)
p) Mukutmonipur Development Authority (MDA)
q) Tarakeswar Development Authority (TDA)
r) Changrabandha Development Authority (CDA)
s) Any other Development Authority as may be declared by the State Government.

Provided further that the above restrictions shall not apply to sites located within the radius of 5 KM
from any Block Headquarters or 3 KM from any G.P Office. ”
2
Substituted vide Nft. No. 208-FT dated 11.02.2020 for “shopping mall”.
3
Substituted vide Nft. No. 822-FT dated 12.10.2020
No. 1613-Ex./1T-1/70 dated 28.09.1970, as subsequently amended, regarding specified areas
under Section 14 shall be applicable in addition to the provisions of this rule.
4
Note 3. - The provisions of rule 8 shall not apply to the licenses mentioned in categories (f), (g),
(h), (i), (j), (k) and (l) of rule 4 where the proposed site falls within the jurisdiction of any
Municipal Corporation or the Kolkata Metropolitan Development Authority (KMDA) and is
located within the distance mentioned in Explanation (i) of sub-rule (1) of this rule from an
existing licensed premise, provided that the distance of new site from any educational institution
recognized by the State Government or Central Government, or any college or institution
affiliated to any University established by law, traditional place of public worship and hospital
for public use is not less than the distance of the existing licenses premise from such place.

4
Inserted vide Nft. No. 208-FT dated 11.02.2020
 ANNEXURE-III
To,
The Managing Director,
WBSBCL
Sub- Submission of bids for selection of agencies to operate the Bevco-Retail shop(s) under Revenue
Sharing Franchisee Model, in the district of Darjeeling
Sir,
With reference to the NIT No. BEVCO/2022/123 Dated 29.09.2022, I/we furnish following
information and documents for taking part in the process of Selection
Information
1 Local area No as per Annexure I
2 Name of GP/ Ward No of Municipality
3 Tender Fee paid in Rs through online
4 Earnest Money deposited in Rs through online
5 Type of bidder [individual(s) above 21 years of age/ citizen of
India or POI]/ Firm/ Company/Society or LLP
6 Name and address of bidder(s) in case of individual bidder(s)
7 Name and address of the company/LLP/Firm/Society in case
bidder is a Company/LLP/Firm/Society
8 Name and address of Directors/partners/members of the
Company/LLP/firm/Society
8 Name of authorized person of the firm/company/society/LLP
9 Address and age of the authorized person
10 PAN of the bidder(s)
11 Annual income of bidder(s) during last five financial year (2016- 2016-17 Rs
17 to 2020-21) 2017-18 Rs
Or 2018-19 Rs
Taxable Income of the bidder(s) during last five financial year 2019-20 Rs
2017-18 to 2021-22 2020-21 Rs
12 Whether submitting bids for any other shops?
If yes, How many? (maximum 2 apart from present one)
13 Bank balance of the bidder(s) in Schedule Commercial banks
14 Does the bidder in a position to offer restriction free site (as
per Annexure-II) and suitable shops having minimum area of
200 sq. ft and to decorate the shop as per design and décor
fixed in this respect by WBSBCL with in stipulated time?

List of Documents (scanned copy uploaded)

Nature of documents
Receipt/transaction acknowledgment for Tender fee and EMD
Copy of EPIC(s) (voter card) in case of individual bidders/ copy of Certificate of incorporation in case of
company or LLP/ copy of Registered Partnership Deed in case of Firm/ copy of Registration certificate
under Society registration Act in case of Society.
Copy Constitutional document duly certified by the MOA & AOA authority in case of individual bidder
of POI origin
Copy of PAN of the Individual(s)/ Firm/Company/LLP/society
Copy of GST registration certificate in case of Firm/Company/LLP/Society
Copy of Board Resolution in case of Company or copy of a power of Attorney in case of
Firm/LLP/Society for the authorized a representative who will sign all bid documents on behalf of
Company/Firm/LLP/society
Copy of last five years (2016-17 to 2020-21) audited balance sheet or last five years (2016-17 to 2020-21)
IT returns of the bidder that is individual (s)/ Company/LLP/Firm/Society.
Copy of documents showing bank solvency of the bidder Rs 10, 00, 00/- (Ten Lakhs) per shops.
Bank Solvency certificate/ document shall match with the number of Sites for which bidding is made
Self certificate by the individual(s), if bidder is individual(s) or authorized representative, if bidder is
Company/LLP/firm/Society, that the individual/ company/firm/LLP/society has not ever been blacklisted
or declared ineligible for corrupt or fraudulent practice as on the date of submission of the bid by Central
Govt/ any state Govt./ any Public Sector Undertaking.
Declaration by the individual(s) in case bidder is individual or by the authorized representative in case
bidder is company/ LLP/Firm/Society that all the information provided and documents submitted are
correct and authentic
Notarial Affidavit by the individual(s) in case of individual bidder regarding
(a) Non-conviction by any criminal court for any non-bailable offence
(b) Not being engaged presently or will not be interested in future, either directly or indirectly, in
the manufacture/ distribution or sale of any intoxicants in any foreign territory or anywhere in
the country.
(c) Non defaulter of any Govt. dues
(d) Does not hold any retail Excise License in the State of west Bengal

Notarial Affidavit by the authorized representative in case the bidder is Company/LLP/Firm/Society

regarding
(a) Non-conviction of authorized representative as well as the partners of the Firm or Directors of
the Company or Members of the Society or partners of the LLP by any criminal court for any
non-bailable offence
(b) Authorized representative as well as the partners of the Firm or Directors of the Company or
Members of the Society or partners of the LLP are not engaged or will not be engaged in future,
either directly or indirectly, in the manufacture/ distribution or sale of any intoxicants in any
foreign territory or anywhere in the country.
(c) The Company/firm/LLP/society is not defaulter of any govt. Dues
(d) Authorized representative as well as the partners of the Firm or Directors of the Company or
Members of the Society or partners of the LLP do not hold any retail Excise License in the State
of west Bengal

I/we do hereby by undertake that the information provided above and documents submitted herewith
are genuine and true. If any information and document is found false or untrue, the authority shall have
full right to cancel our application at any stage of selection of agencies.
 Strike our/omit whichever is not applicable
[Signature(s) of Individual(s)
Or
[Authorized Representative]

Signature Not Verified

Digitally signed by SANCHAYAN
GANGULY
Date: 2022.10.11 15:53:16 IST
Location: West Bengal-WB