bid no – comml. 7/catg/gmu – award/ckp/18 · web view2.1.16 government employee or railway...

PROVISION OF CATERING SERVICES ON GENERAL

MINOR UNIT OVER CHAKRADHARPUR

DIVISION"

Commercial Department

Bid No: Comml.7/Catg/GMU – Award/CKP/18 Dated:20.06.2018 Bid No: Comml.7/Catg/GMU – Award/CKP/18 Dated:20.06.2018

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SOUTH EASTRN RAILWAYSOUTH EASTRN RAILWAY

BID DOCUMENTBID DOCUMENT

FORFOR

" PROVISION OF CATERING SERVICES ON" PROVISION OF CATERING SERVICES ONGENERAL MINOR UNIT NUMBER ______________/ PF No - _______ ATGENERAL MINOR UNIT NUMBER ______________/ PF No - _______ AT

_____________________STATION OF CATEGORY "_____"_____________________STATION OF CATEGORY "_____"

BID NO (CBID NO (Coomml.7/Catg. /GMU- Award/CKP/18mml.7/Catg. /GMU- Award/CKP/18

Date - Date -

KEY INFORMATIONKEY INFORMATION

Bid NoticeBid Notice Comml.7/Catg. /GMU - Award/CKP/18Comml.7/Catg. /GMU - Award/CKP/18

Cost of BID DocumentCost of BID DocumentNon refundable amount of Rupees Non refundable amount of Rupees Two ThousandTwo Thousand

Nine Hundred Fifty only Rs. 2,950Nine Hundred Fifty only Rs. 2,950 (Inclusive of (Inclusive of 18% GST).18% GST).

Last date for sale of BidLast date for sale of Bid 10.00 hrs to 17 hrs of date : 24.07.18 10.00 hrs to 17 hrs of date : 24.07.18

Last date for submission of BidLast date for submission of Bid 15.00 hrs of date: 25.07.18 15.00 hrs of date: 25.07.18

Opening of BidsOpening of Bids 15:30 hrs of dated : 25.07.18 15:30 hrs of dated : 25.07.18

Contact AuthorityContact Authority

Divisional Railway Manager (Commercial)Divisional Railway Manager (Commercial)South Eastern Railway Chakradharpur, PIN-833 102South Eastern Railway Chakradharpur, PIN-833 102 Dist: Singhbhum (West), Jharkhand.Dist: Singhbhum (West), Jharkhand.Tele: 06587-238067, Fax: 06587-238089Tele: 06587-238067, Fax: 06587-238089Email:Email: Email: Email: [email protected]@ckp.railnet.gov.in

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mailto:[email protected]


Table of ContentsTable of Contents

1.1. Disclaimer.Disclaimer.2.2. Bid Notice.Bid Notice.3.3. Instruction for Internet downloaded forms for bidders.Instruction for Internet downloaded forms for bidders.4.4. Section A.Section A.

a.a. Section A- Chapter I - Scope of WorkSection A- Chapter I - Scope of Workb.b. Section A- Chapter II - Instruction to BiddersSection A- Chapter II - Instruction to Biddersc.c. Section A- Chapter III – Eligibility of BiddersSection A- Chapter III – Eligibility of Bidders

5.5. Section B.Section B.a.a. Section B - Chapter 1- Techno Commercial Bid (Packet –A)Section B - Chapter 1- Techno Commercial Bid (Packet –A)

i.i. Annexure 1: Covering Letter Annexure 1: Covering Letterii.ii. Annexure 2: Mandatory Information for eligibility of the bid Annexure 2: Mandatory Information for eligibility of the bid iii.iii. Annexure 3: Affidavit on no. of catering units held over Division Annexure 3: Affidavit on no. of catering units held over Division iv.iv. Annexure 4: Affidavit for solvency Annexure 4: Affidavit for solvencyv.v. Annexure 5: Statement of Turnover of bidder from catering business. Annexure 5: Statement of Turnover of bidder from catering business.vi.vi. Annexure 6: Power of attorney for Signing of Bid Annexure 6: Power of attorney for Signing of Bid vii.vii. Annexure 7: Performance Bank guarantee bond. Annexure 7: Performance Bank guarantee bond.viii.viii. Annexure 8 : Price bid Annexure 8 : Price bid

b.b. Section B-Chapter II – Selection ProcessSection B-Chapter II – Selection Process6.6. Section C.Section C.

a.a. Special Conditions of Contract - ISpecial Conditions of Contract - Ib.b. Special Condition of Contract - IISpecial Condition of Contract - II

7.7. Section DSection D - - Master License AgreementMaster License Agreementi.i. Annexure i: Scope of services Annexure i: Scope of services ii.ii. Annexure ii: Price BidAnnexure ii: Price Bidiii.iii. Annexure iii: Assessment of Performance and Penalties Annexure iii: Assessment of Performance and Penalties iv.iv. Details of NEFT/ECS Form.Details of NEFT/ECS Form.

DISCLAIMERDISCLAIMER

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1.1. Chakradharpur Division, S. E. RailwayChakradharpur Division, S. E. Railway (herein after mentioned as "Railway") does not make any (herein after mentioned as "Railway") does not make any representation or warranty as to the accuracy, reliability or completeness of the information in thisrepresentation or warranty as to the accuracy, reliability or completeness of the information in this Bid Document. Therefore, each Bidder should conduct their own investigations and analysis andBid Document. Therefore, each Bidder should conduct their own investigations and analysis and check the accuracy, reliability and completeness of the information in this Bid Document and obtaincheck the accuracy, reliability and completeness of the information in this Bid Document and obtain Independent advice from appropriate sources. The Bidder shall bear all its costs associated withIndependent advice from appropriate sources. The Bidder shall bear all its costs associated with the preparation and submission of its bid including expenses associated with any clarificationsthe preparation and submission of its bid including expenses associated with any clarifications which may be required by Railway or any other costs incurred in connection with or relating to itswhich may be required by Railway or any other costs incurred in connection with or relating to its Bid. All such costs and expenses will remain with the Bidder and Railway shall not be liable in anyBid. All such costs and expenses will remain with the Bidder and Railway shall not be liable in any manner.manner.

2.2. Railway will have NO liability to any Bidder or any other person under the law of contract, tort theRailway will have NO liability to any Bidder or any other person under the law of contract, tort the principles of restitution or unjust enrichment or under any law for the time being in force otherwiseprinciples of restitution or unjust enrichment or under any law for the time being in force otherwise for any loss, expense or damage which may arise from or be incurred or suffered in connectionfor any loss, expense or damage which may arise from or be incurred or suffered in connection with anything contained in this Bid Document, any matter deemed to form part of this Bidwith anything contained in this Bid Document, any matter deemed to form part of this Bid Document, the award of the License, the information and any other information supplied by or onDocument, the award of the License, the information and any other information supplied by or on behalf of Railway or otherwise arising in any way from the selection process of the License.behalf of Railway or otherwise arising in any way from the selection process of the License.

3.3. The issue of this document does not imply that Railway is bound to select the Bidder or to appointThe issue of this document does not imply that Railway is bound to select the Bidder or to appoint the selected Bidder. Railway reserves the right to reject any or all of the Bids submitted in responsethe selected Bidder. Railway reserves the right to reject any or all of the Bids submitted in response to this Bid Document at any stage without assigning any reasons whatsoever. Railway alsoto this Bid Document at any stage without assigning any reasons whatsoever. Railway also reserves the right to withhold or withdraw the process at any stage with intimation to all Biddersreserves the right to withhold or withdraw the process at any stage with intimation to all Bidders who have submitted the Bid.who have submitted the Bid.

4.4. Railway reserves the right to change/modify/amend any or all of the provisions of this BidRailway reserves the right to change/modify/amend any or all of the provisions of this Bid Document at any stage. Such changes shall be notified to all bidders who have bought the tenderDocument at any stage. Such changes shall be notified to all bidders who have bought the tender document.document.

Each Bid document must be accompanied with self-attested photo copies of document .Each Bid document must be accompanied with self-attested photo copies of document .

BID NOTICEBID NOTICE

1.1. For and on behalf of the president of India, Divisional Railway Manager (Commercial).For and on behalf of the president of India, Divisional Railway Manager (Commercial).

Chakradharpur Division, S. E. Railway, invites sealed bid on open, competitive single stage twoChakradharpur Division, S. E. Railway, invites sealed bid on open, competitive single stage two

packet system, from food and catering service providers for "Provision of catering services at 06packet system, from food and catering service providers for "Provision of catering services at 06

General Minor Units as detailed below:General Minor Units as detailed below:

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SlSl NoNo

Station &Station & categorycategory GMU Nos. & LocationGMU Nos. & Location Reserve priceReserve price

per annumper annumEarnest moneyEarnest money deposit (EMD)deposit (EMD)

11 Tata 'A1'Tata 'A1'T/7 –In between column number 2 &T/7 –In between column number 2 &

3 at Pf No. 4/5 ( KGP end)(Prime3 at Pf No. 4/5 ( KGP end)(Prime Location).Location).

15,42,50015,42,500 3,85,6253,85,625

22 Tata 'A1'Tata 'A1' T/8 –In between column number 8 &T/8 –In between column number 8 & 9 at Pf No. 4/5 ( KGP end)9 at Pf No. 4/5 ( KGP end) 15,42,50015,42,500 3,85,6253,85,625

33 ROU 'A'ROU 'A'R/1 – In place of old existingR/1 – In place of old existing

structure, adjacent to SSE(C & W)structure, adjacent to SSE(C & W) Office at Pf No-1.Office at Pf No-1.

12,04,50012,04,500 3,01,1253,01,125

44 ROU 'A'ROU 'A'R/2 – In place of old existingR/2 – In place of old existing

structure, in front of Linen Room &structure, in front of Linen Room & SS Office at Pf No-1.SS Office at Pf No-1.

12,04,50012,04,500 3,01,1253,01,125

55 ROU 'A'ROU 'A' R/4 – Near pole no 413/3 (JSG end)R/4 – Near pole no 413/3 (JSG end) at PF NO 2&3 .at PF NO 2&3 . 10,76,75010,76,750 2,69,1882,69,188

66 ROU 'A'ROU 'A' R/5- Near pole no 412/29A (CKPR/5- Near pole no 412/29A (CKP end) at PF No 2&3end) at PF No 2&3 10,76,75010,76,750 2,69,1882,69,188

2.2. The scope of Work and Terms of Reference is provided in Section-A.The scope of Work and Terms of Reference is provided in Section-A.

3.3. Bid Documents: The interested Bidders may purchase 'Bid Documents' which can be obtainedBid Documents: The interested Bidders may purchase 'Bid Documents' which can be obtained

between 10:00 hrs and 17:00 hrs on all working days up to 24.07.18 in person from the Railwaybetween 10:00 hrs and 17:00 hrs on all working days up to 24.07.18 in person from the Railway

office at the address given below, on payment of non-refundable document fee of office at the address given below, on payment of non-refundable document fee of Rs. 2,950Rs. 2,950 ( (TwoTwo Thousand Nine Hundred Fifty) only Thousand Nine Hundred Fifty) only (Inclusive of 18% GST) in the form of;(Inclusive of 18% GST) in the form of;

a.a. Demand draft in favour of "Demand draft in favour of "Financial Advisor and Chief Accounts Officer, South EasternFinancial Advisor and Chief Accounts Officer, South Eastern Railway, Garden Reach, Kolkata - 43Railway, Garden Reach, Kolkata - 43 Payable at Kolkata drawn on any scheduled Payable at Kolkata drawn on any scheduled

commercial bank in India.commercial bank in India.

b.b. Cash deposited at any Railway stations/cash office of Chakradharpur Division, S. E. RailwayCash deposited at any Railway stations/cash office of Chakradharpur Division, S. E. Railway

duly supported with original Cash Receipt/Money Receipt Indicating the Tender Notice Numberduly supported with original Cash Receipt/Money Receipt Indicating the Tender Notice Number

and due date of submission.and due date of submission.

4.4. Bid document can also be downloaded from the websiteBid document can also be downloaded from the website www.ser.indianrailways.gov.in www.ser.indianrailways.gov.in and the and the

bids can be submitted on the downloaded document along with a separate Demand Draft towardsbids can be submitted on the downloaded document along with a separate Demand Draft towards

the cost of bidding, failing which the offer will be summarily rejected.the cost of bidding, failing which the offer will be summarily rejected.

5.5. Earnest MoneyEarnest Money: The bid must be accompanied by Earnest Money (5% of the minimum license: The bid must be accompanied by Earnest Money (5% of the minimum license

fee or Reserve Price whichever is higher) in the form of Bank Demand Draft drawn on anyfee or Reserve Price whichever is higher) in the form of Bank Demand Draft drawn on any

schedule Bank of India.schedule Bank of India.

6.6. Receipts of Bids:Receipts of Bids: Sealed bids should be dropped in the designated box at the address given Sealed bids should be dropped in the designated box at the address given

below not later than 15.00 hrs on 25.07.18. Bids shall be opened on the same day at 15.30 hrs inbelow not later than 15.00 hrs on 25.07.18. Bids shall be opened on the same day at 15.30 hrs in of 60


presence of Bidder's representatives who choose to attend. For this an authority letter of the firm ispresence of Bidder's representatives who choose to attend. For this an authority letter of the firm is

required. The onus of dropping the bid in the box lies with the bidder. Bids received after 15.00 hrsrequired. The onus of dropping the bid in the box lies with the bidder. Bids received after 15.00 hrs

of 25.07.18 will be called of 25.07.18 will be called "late" "late" bid and will not be considered further for evaluation.bid and will not be considered further for evaluation.

7.7. Railway reserves the right to accept/reject any or all Bids without assigning any reason thereof.Railway reserves the right to accept/reject any or all Bids without assigning any reason thereof.

8.8. The bidder fulfilling the eligibility criteria will be evaluated based on the evaluation criteria given inThe bidder fulfilling the eligibility criteria will be evaluated based on the evaluation criteria given in

this Bid document.this Bid document.

9.9. Address for Communication: Address for Communication: Divisional Railway Manager (Commercial)Divisional Railway Manager (Commercial)South Eastern Railway, Chakradharpur, PIN - 833102.South Eastern Railway, Chakradharpur, PIN - 833102. Dist: Singhbhum (West), Jharkhand. Dist: Singhbhum (West), Jharkhand.Tele: 06587-238067, Fax: 06587-238089Tele: 06587-238067, Fax: 06587-238089Email: Email: Email: Email: [email protected]@ckp.railnet.gov.inEmail:Email:

INSTRUCTIONS TO BIDDERS REGARDING TENDER FORMS DOWNLOADED FROMINSTRUCTIONS TO BIDDERS REGARDING TENDER FORMS DOWNLOADED FROM INTERNETINTERNET

1.1. Tender document is to be downloaded from the internet and printout is to be taken on A4 size paperTender document is to be downloaded from the internet and printout is to be taken on A4 size paper and details are to be entered by the tenderer as required in the document. It is advisable that theand details are to be entered by the tenderer as required in the document. It is advisable that the downloaded tender document be printed through laser printer only. Offers in the form of photocopydownloaded tender document be printed through laser printer only. Offers in the form of photocopy of tender document will be summarily rejected.of tender document will be summarily rejected.

2.2. The tender document (In full) downloaded along with the various documents required to beThe tender document (In full) downloaded along with the various documents required to be submitted as per the tender conditions should be put in a sealed cover duly super scribing with thesubmitted as per the tender conditions should be put in a sealed cover duly super scribing with the name of the work, tender notice no. and date. Duly filled up tender document should be dropped inname of the work, tender notice no. and date. Duly filled up tender document should be dropped in the tender box kept in the office specified in the tender document before the date and timethe tender box kept in the office specified in the tender document before the date and time stipulated in the tender document.stipulated in the tender document.

3.3. The cost of tender document will have to be deposited by the tenderer in the form of bank draftThe cost of tender document will have to be deposited by the tenderer in the form of bank draft payable in favour of payable in favour of 'Financial Advisor and Chief Accounts Officer, South Eastern Railway,'Financial Advisor and Chief Accounts Officer, South Eastern Railway, Garden Reach, Kolkata-43Garden Reach, Kolkata-43 Payable at Kolkata' along with the tender. This should be enclosed as a Payable at Kolkata' along with the tender. This should be enclosed as a

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separate Demand Draft . A single demand draft for the cost of tender from and Earnest Moneyseparate Demand Draft . A single demand draft for the cost of tender from and Earnest Money Deposit will not be accepted. Tenders not accompanied with the demand draft towards the cost ofDeposit will not be accepted. Tenders not accompanied with the demand draft towards the cost of the document will be summarily rejected.the document will be summarily rejected.

4.4. The earnest money deposit required for this work as stipulated in the tender document also to beThe earnest money deposit required for this work as stipulated in the tender document also to be submitted separately.submitted separately.

5.5. Tenderers are advised to download tender documents well in advance and submit the tender beforeTenderers are advised to download tender documents well in advance and submit the tender before the stipulated time. the stipulated time. It is the responsibility of the Tenderer to check any correction or anyIt is the responsibility of the Tenderer to check any correction or any modifications published subsequently in web site and the same shall be taken into accountmodifications published subsequently in web site and the same shall be taken into account while submitting the tender. Tenderer shall down load corrigendum ( if any ), print it out ,while submitting the tender. Tenderer shall down load corrigendum ( if any ), print it out , sign and attach it with the main tender document.sign and attach it with the main tender document. Tender document not accompanied byTender document not accompanied by published corrigendum/s will be liable to be rejected. The Railway will not be responsible forpublished corrigendum/s will be liable to be rejected. The Railway will not be responsible for any postal delays/delay in downloading of tender document from the internetany postal delays/delay in downloading of tender document from the internet ..

6.6. The tenderer may please note that the rate for items should be written in figures and in words.The tenderer may please note that the rate for items should be written in figures and in words. Tenderer should not use red and / or green ink in the tender form. Offers using red/ and or green inkTenderer should not use red and / or green ink in the tender form. Offers using red/ and or green ink will be summarily rejected. Each page of tender document should be signed by the tenderer.will be summarily rejected. Each page of tender document should be signed by the tenderer.

7.7. Tenderer/s are free to download tender document at their own risk and cost for the purpose ofTenderer/s are free to download tender document at their own risk and cost for the purpose of perusal as well as for using the same as tender document for submitting the offer. Master copy ofperusal as well as for using the same as tender document for submitting the offer. Master copy of the tender document is available in the office of the the tender document is available in the office of the Sr. Divisional Commercial Manager,Sr. Divisional Commercial Manager, Chakradharpur Division, S. E. RailwayChakradharpur Division, S. E. Railway inviting tender. After award of work an agreement will be inviting tender. After award of work an agreement will be prepared based on the master copy of tender document available in the mentioned office. In case,prepared based on the master copy of tender document available in the mentioned office. In case, any discrepancy between the tender document downloaded from the internet and the master copy,any discrepancy between the tender document downloaded from the internet and the master copy, the latter shall prevail and will be binding on the tenderer (s) . No claim on this account will bethe latter shall prevail and will be binding on the tenderer (s) . No claim on this account will be entertained.entertained.

8.8. If any change/addition deletion is made by the Tenderer/Contractor in tender document / ContractIf any change/addition deletion is made by the Tenderer/Contractor in tender document / Contract agreement and the same is detected at any stage even after the award of the tender, full earnestagreement and the same is detected at any stage even after the award of the tender, full earnest money deposit will be forfeited and the contract will be terminated. The tenderer/Contractor will bemoney deposit will be forfeited and the contract will be terminated. The tenderer/Contractor will be banned from doing business with Railways and/ or prosecuted.banned from doing business with Railways and/ or prosecuted.

9.9. The following declaration should be given by the tenderer while submitting the tender. The following declaration should be given by the tenderer while submitting the tender.

DeclarationDeclaration

(a)(a) I/we have downloaded the tender form from the internet site _______ and I/we have not tampered /I/we have downloaded the tender form from the internet site _______ and I/we have not tampered / modified the tender forms in any manner. In case ,if the Same is found to be tampered /modifiedmodified the tender forms in any manner. In case ,if the Same is found to be tampered /modified I /we understand that my / our tender will be summarily rejected and full earnest money deposit willI /we understand that my / our tender will be summarily rejected and full earnest money deposit will be forfeited and I / we am/are Liable to be banned from doing business with railways and /orbe forfeited and I / we am/are Liable to be banned from doing business with railways and /or prosecuted .prosecuted .

(b)(b) I/we are submitting a demand draft in favour 'FinancialI/we are submitting a demand draft in favour 'Financial Advisor and Chief Accounts Officer, Advisor and Chief Accounts Officer, South Eastern Railway, Garden Reach, Kolkata-43South Eastern Railway, Garden Reach, Kolkata-43 Payable at Kolkata, S. E. Payable at Kolkata, S. E. DD No. _______DD No. _______ dated ________issued by __________(bank ) ___________ (branch ) for Rs. ___________dated ________issued by __________(bank ) ___________ (branch ) for Rs. ___________ towards the cost of tender form. towards the cost of tender form.

( c ) I/ we are submitting a demand draft in favour of ( c ) I/ we are submitting a demand draft in favour of 'Financial Advisor and Chief Accounts Officer, 'Financial Advisor and Chief Accounts Officer, South Eastern Railway, Garden Reach, Kolkata-43South Eastern Railway, Garden Reach, Kolkata-43 Payable at Kolkata, S. E. Railway' Payable at Kolkata, S. E. Railway' DD no. DD no.

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__________ dated _________ issued by _____________ (bank ) _________ ( branch ) for Rs. __________ dated _________ issued by _____________ (bank ) _________ ( branch ) for Rs. __________ towards the earnest money deposit .__________ towards the earnest money deposit .

Signature of tenderer ; Signature of tenderer ; Date; Date; Address; Address;

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Section ASection A

Chapter 1- scope of workChapter 1- scope of work

Chapter 2 – Instructions to biddersChapter 2 – Instructions to bidders

Chapter 3 – Eligibility of bidderChapter 3 – Eligibility of bidder

CHAPTER 1 : SCOPE OF WORKCHAPTER 1 : SCOPE OF WORK

1.11.1 Main objectives Main objectives 10.10. Appointment of a licensee for the General Minor Unit ( GMU) ) No ______ Pf No - _____ atAppointment of a licensee for the General Minor Unit ( GMU) ) No ______ Pf No - _____ at

________ Station of ____ Category ensuring provision of hygienic, good quality, affordable________ Station of ____ Category ensuring provision of hygienic, good quality, affordable meals /food to the travelling passengers as per laid down guidelines and policy directives issued bymeals /food to the travelling passengers as per laid down guidelines and policy directives issued by railway and any other statutory regulations .railway and any other statutory regulations .

a.a. The licensee is expected to adopt ‘inter – alia , the trade practices as indicated in section C.The licensee is expected to adopt ‘inter – alia , the trade practices as indicated in section C.

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Special conditions of contract - II . Special conditions of contract - II .

b.b. In consideration of award of this license, the bidder shall offer to pay a licensee fee for tenureIn consideration of award of this license, the bidder shall offer to pay a licensee fee for tenure license for the GMU. However, the indicative license fee is provided.license for the GMU. However, the indicative license fee is provided.

c.c. The bidder once selected shall become “licensee” and shall be liable to pay license fee as perThe bidder once selected shall become “licensee” and shall be liable to pay license fee as per terms and conditions determined by the railway.terms and conditions determined by the railway.

1.21.2 Explanation of Scope of WorksExplanation of Scope of Works ; ; The major components of scope are indicated below;The major components of scope are indicated below;a.a. The licensee shall be provided with a general minor unit (GMU ) number ) No ______ Pf No - __-The licensee shall be provided with a general minor unit (GMU ) number ) No ______ Pf No - __-

at ________ Station of ____ Category.at ________ Station of ____ Category.b.b. The licensee shall be responsible for providing catering services for items as authorized byThe licensee shall be responsible for providing catering services for items as authorized by

railways form the general minor unit ) No ______ Pf No - ____ at ________ Station of _______railways form the general minor unit ) No ______ Pf No - ____ at ________ Station of _______ Category.Category.

c.c. Licensee shall set up Licensee shall set up Modular Catering StallsModular Catering Stalls to maintain uniformity in designed and colour to maintain uniformity in designed and colour scheme as authorized and approved by Railways. The licensee shall be responsible to display thescheme as authorized and approved by Railways. The licensee shall be responsible to display the “Rail Ahaar “ logo prominently at all place including the packaging materials of food, uniforms of“Rail Ahaar “ logo prominently at all place including the packaging materials of food, uniforms of waiters and other staff etc . The licensee will abide by the instruction of Railway in this regard formwaiters and other staff etc . The licensee will abide by the instruction of Railway in this regard form time to time.time to time.

d.d. In case licensee is permitted for sale of packaged drinking water then it is mandatory for theIn case licensee is permitted for sale of packaged drinking water then it is mandatory for the licensee to shall Railway Neer ( packaged drinking water 1000 ml ) chilled or in such quantitieslicensee to shall Railway Neer ( packaged drinking water 1000 ml ) chilled or in such quantities and rates prescribed by railway from time to time . The licensee will be responsible for storing,and rates prescribed by railway from time to time . The licensee will be responsible for storing, cooling and distributing Rail Neer to the passengers. In case of non availability by inadequatecooling and distributing Rail Neer to the passengers. In case of non availability by inadequate supply of Rail Neer by railway. the licensee shall be permitted sell only packaged drinking water ofsupply of Rail Neer by railway. the licensee shall be permitted sell only packaged drinking water of brands as approve by railway.brands as approve by railway.

e.e. The licensee may be encouraged to provide regional cuisines, dietary and infant food, food forThe licensee may be encouraged to provide regional cuisines, dietary and infant food, food for patient or ailing passenger , Jain food at tariff approved by railway subject to authorization frompatient or ailing passenger , Jain food at tariff approved by railway subject to authorization from railways.railways.

f.f. The licensee should provide service across the counter only. The licensee should provide service across the counter only. No platform Vending will beNo platform Vending will be permittedpermitted ..

g.g. Licensee shall be responsible for availability/ provision of adequate number of garbage binsLicensee shall be responsible for availability/ provision of adequate number of garbage bins appropriate places. Licensee shall also ensure to place bio- degradable bags in garbage bins forappropriate places. Licensee shall also ensure to place bio- degradable bags in garbage bins for easy disposal and proper handling. This should be cleaned outside the production area .Licenseeeasy disposal and proper handling. This should be cleaned outside the production area .Licensee shall avoid use of metallic dustbins , which become rusted over a period of time. Segregation ofshall avoid use of metallic dustbins , which become rusted over a period of time. Segregation of waste should be done as bio – degradable and bio – non degradable . Licensee shall bewaste should be done as bio – degradable and bio – non degradable . Licensee shall be responsible for disposing the garbage suitably as per the instruction framed by railway /division. Allresponsible for disposing the garbage suitably as per the instruction framed by railway /division. All garbage bins must be labeled ,cleaned and sanitized regularly . All instruction in regard to disposalgarbage bins must be labeled ,cleaned and sanitized regularly . All instruction in regard to disposal of garbage issued from time to time by Health, Mechanical and Commercial directorate are to beof garbage issued from time to time by Health, Mechanical and Commercial directorate are to be adhered to by licensee.adhered to by licensee.

a.a. The licensee shall be responsible for ensuring the quality and quantity, maintaining proper hygieneThe licensee shall be responsible for ensuring the quality and quantity, maintaining proper hygiene and cleanliness while handling raw materials, preparation, packaging, supply, service, etc. ofand cleanliness while handling raw materials, preparation, packaging, supply, service, etc. of food /,meals in accordance with the parameters specified in food /,meals in accordance with the parameters specified in Section-C.Section-C.

b.b. The Licensee shall further be responsible to make adequate arrangements in terms of allThe Licensee shall further be responsible to make adequate arrangements in terms of all equipment and manpower, at its own cost, as per policy directives.equipment and manpower, at its own cost, as per policy directives.

c.c. The Licensee shall depute staff who will be required to manage the catering operations and serveThe Licensee shall depute staff who will be required to manage the catering operations and serve food to the passengers. The number of staff deputed shall not be more than the number prescribedfood to the passengers. The number of staff deputed shall not be more than the number prescribed by Railway administration. The licensee shall ensure that the staff deputed on the unit shouldby Railway administration. The licensee shall ensure that the staff deputed on the unit should

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maintain good conduct, etiquette, personal hygiene, politeness and courtesy, issue computerizedmaintain good conduct, etiquette, personal hygiene, politeness and courtesy, issue computerized bills to passengers etc. The licensee shall also ensure computerized billing for all the items sold inbills to passengers etc. The licensee shall also ensure computerized billing for all the items sold in the unit and the licensee shall provide the facility for cashless transaction viz.POS/Swipe machine,the unit and the licensee shall provide the facility for cashless transaction viz.POS/Swipe machine, BHIM, Mobile wallets, Bharat QR code, any new schemes/tools/instruments introduced byBHIM, Mobile wallets, Bharat QR code, any new schemes/tools/instruments introduced by Government of India or ministry of Railways for promoting cashless transaction etc. compulsorilyGovernment of India or ministry of Railways for promoting cashless transaction etc. compulsorily available in the unit. Further, the Licensee shall ensure that the catering staff should be wellavailable in the unit. Further, the Licensee shall ensure that the catering staff should be well groomed, wear proper uniforms, badges displaying their names, carry photo identity cards, displaygroomed, wear proper uniforms, badges displaying their names, carry photo identity cards, display at all times. The Railway reserves the right to prescribe a standard uniform for all staff working forat all times. The Railway reserves the right to prescribe a standard uniform for all staff working for GMUs on a station. The cost of all the above has to be borne by the licensee.GMUs on a station. The cost of all the above has to be borne by the licensee.

d.d. In consideration of the award of the License to the Licensee, the Licensee shall be liable to payIn consideration of the award of the License to the Licensee, the Licensee shall be liable to pay Annual License fee. The license fee will be fixed for the first three years and in the fourth year it willAnnual License fee. The license fee will be fixed for the first three years and in the fourth year it will be enhanced by 10 %. License fee for the fourth and fifth year will remain same. There will be nobe enhanced by 10 %. License fee for the fourth and fifth year will remain same. There will be no other increase in the License fees during the tenure of contract (including in case of revision inother increase in the License fees during the tenure of contract (including in case of revision in menu and tariff), other than this increase of 10% in the fourth year.menu and tariff), other than this increase of 10% in the fourth year.

e.e. The Annual License Fee shall be paid every year. For the first year, the Licensee shall pay theThe Annual License Fee shall be paid every year. For the first year, the Licensee shall pay the annual license fee within 15 days on receipt of LOA, and for subsequent years, it shall be paid atannual license fee within 15 days on receipt of LOA, and for subsequent years, it shall be paid at least fifteen (15) days before the completion of each preceding year of License.least fifteen (15) days before the completion of each preceding year of License.

f.f. The licensee shall ensure availability of hand held fire extinguishers with the staff havingThe licensee shall ensure availability of hand held fire extinguishers with the staff having knowledge of operation of the equipment.knowledge of operation of the equipment.

g.g. The ceiling Limit for Minor units (as per clause no. 13.4 of catering policy 2017), applicable for allThe ceiling Limit for Minor units (as per clause no. 13.4 of catering policy 2017), applicable for all bidders will be as follows:bidders will be as follows:A license will be allowed to hold a maximum of five minor catering units per division. Trolleys areA license will be allowed to hold a maximum of five minor catering units per division. Trolleys are also treated as separate unit as per catering policy 2017 and will be counted for the purpose ofalso treated as separate unit as per catering policy 2017 and will be counted for the purpose of ceiling limit of 5 units. The bidders should submit an undertaking on non-judicial stamp paperceiling limit of 5 units. The bidders should submit an undertaking on non-judicial stamp paper (Annexure-A/3).(Annexure-A/3).

h.h. The licensee shall get conducted third party audit periodically by an independent agency The licensee shall get conducted third party audit periodically by an independent agency authorized/prescribed by Railways every six months along with regular in – house audit.authorized/prescribed by Railways every six months along with regular in – house audit.

1.3: 1.3: Tenure of LicenseTenure of License::

The tenure of this license shall be for a period of five (5) years only from the date of commencementThe tenure of this license shall be for a period of five (5) years only from the date of commencement of the license and there will be no extension/renewaof the license and there will be no extension/renewa l. The license agreement shall be as per l. The license agreement shall be as per Section - Section - DD of this Bid Document. of this Bid Document.

CHAPTER 2 : INSTRUCTIONS TO BIDDERSCHAPTER 2 : INSTRUCTIONS TO BIDDERS 2.1 2.1 General Conditions of Bidding General Conditions of Bidding 2.1.1 2.1.1 Railway is desirous of receiving bids for the award of License to the highest eligible bidder, who Railway is desirous of receiving bids for the award of License to the highest eligible bidder, who

satisfy the evaluation criteria of Railway as per Chapter 3. Each Bidder ( Individually) is eligible tosatisfy the evaluation criteria of Railway as per Chapter 3. Each Bidder ( Individually) is eligible to submit only one bid for the award of License.submit only one bid for the award of License.

2.1.2 2.1.2 The Bid should be furnished in the formatThe Bid should be furnished in the format at at Section-B (Chapter-1 and Chapter -2)Section-B (Chapter-1 and Chapter -2) with the with the documents specified in the Bidding document.documents specified in the Bidding document.

2.1.3 2.1.3 The bid document has to be provided with page number and the bidders are to sign on all theThe bid document has to be provided with page number and the bidders are to sign on all the pages of Bid document.pages of Bid document.

2.1.4 2.1.4 The Bidder should submit the power of attorney as per the format at The Bidder should submit the power of attorney as per the format at Chapter-1 of Section BChapter-1 of Section B authorizing the signatory of the Bid to commit the bidder.authorizing the signatory of the Bid to commit the bidder.

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2.1.5 2.1.5 It is clarified that prior to making a Bid, the bidder shall pay to Railway a non-refundable sum asIt is clarified that prior to making a Bid, the bidder shall pay to Railway a non-refundable sum as notified in the tender document as the cost of this Document . In case the notified in the tender document as the cost of this Document . In case the Bid DocumentBid Document has been has been downloaded from the websitedownloaded from the website www.ser.indianrailways.gov.in www.ser.indianrailways.gov.in, the Bidder shall submit a separate, the Bidder shall submit a separate demand draft for the same amount, towards the cost of bidding documents, at the time of biddingdemand draft for the same amount, towards the cost of bidding documents, at the time of bidding in a separate envelope marked in a separate envelope marked " cost of bid document" cost of bid document". Failing in submission of tender cost will". Failing in submission of tender cost will lead to rejection of offer summarily.lead to rejection of offer summarily.

2.1.6 2.1.6 The bidder shall deposit on Earnest Money of Rs______________(Rupees _____________) in theThe bidder shall deposit on Earnest Money of Rs______________(Rupees _____________) in the form of Demand Draft issued by any Nationalized Bank. The Demand draft shall be drawn in favourform of Demand Draft issued by any Nationalized Bank. The Demand draft shall be drawn in favour ofof " "Financial Advisor and Chief Accounts Officer, South Eastern Railway, Garden Reach,Financial Advisor and Chief Accounts Officer, South Eastern Railway, Garden Reach, Kolkata - 43Kolkata - 43 Payable at Kolkata Payable at Kolkata. Railway shall not be liable to pay any interest on the Earnest. Railway shall not be liable to pay any interest on the Earnest Money.Money.

2.1.7 2.1.7 The validity period of the demand draft, shall not be less than 90 days from the Bid due date, andThe validity period of the demand draft, shall not be less than 90 days from the Bid due date, and may be extended as mutually agreed between the Railway and the Bidder from time to time. Themay be extended as mutually agreed between the Railway and the Bidder from time to time. The Bid shall be summarily rejected if it is not accompanied by the Earnest Money .Bid shall be summarily rejected if it is not accompanied by the Earnest Money .

2.1.8 2.1.8 The earnest Money of unsuccessful Bidders shall be returned, without any interest as promptly asThe earnest Money of unsuccessful Bidders shall be returned, without any interest as promptly as possible on acceptance of the bid of the successful Bidder or when the selection process ispossible on acceptance of the bid of the successful Bidder or when the selection process is cancelled except in the case of the selected Bidder whose Earnest Money shall be retained till itcancelled except in the case of the selected Bidder whose Earnest Money shall be retained till it has provided a security Deposit under the License agreement for the entire license period.has provided a security Deposit under the License agreement for the entire license period.

2.1.92.1.9 Any condition or qualification or any other stipulation contained in the bidding documents shall Any condition or qualification or any other stipulation contained in the bidding documents shall render the Bid liable to rejection as a non-responsive Bid.render the Bid liable to rejection as a non-responsive Bid.

2.1.10 2.1.10 Any information contained in the Bid shall not any way be construed as binding on Railway, butAny information contained in the Bid shall not any way be construed as binding on Railway, but shall be binding against the Bidder, if the License is subsequently awarded to it on the basis ofshall be binding against the Bidder, if the License is subsequently awarded to it on the basis of such information.such information.

2.1.112.1.11 Railway reserves the right not to proceed with the Bidding process at any time without notice or Railway reserves the right not to proceed with the Bidding process at any time without notice or liability and to reject any or all Bid (S) without assigning any reasons.liability and to reject any or all Bid (S) without assigning any reasons.

2.1.12 2.1.12 Railway reserves the right to forfeit the Earnest money if: Railway reserves the right to forfeit the Earnest money if:

a) at any time a material misrepresentation is made by the Bidder ora) at any time a material misrepresentation is made by the Bidder or

b) the bidder does not provide, within the time specified by the Railway, the supplementaryb) the bidder does not provide, within the time specified by the Railway, the supplementary information sought by Railway for evaluation of the Bidding Documents, orinformation sought by Railway for evaluation of the Bidding Documents, or

c) any ambiguity , non clarity and / or apparent mistake of the Bidder, as determined by Railway.c) any ambiguity , non clarity and / or apparent mistake of the Bidder, as determined by Railway.

Such misrepresentation/improper response shall lead to the disqualification of the Bidder. If suchSuch misrepresentation/improper response shall lead to the disqualification of the Bidder. If such disqualification/ rejection occurs after the bids have been opened and before issue of LOA and thedisqualification/ rejection occurs after the bids have been opened and before issue of LOA and the highest bidder gets disqualified / rejected then,highest bidder gets disqualified / rejected then,

Railway reserves the right to. Railway reserves the right to.

i)i) Invite the short – listed Bidders to match the highest bidder/ Submit their bids on accordance withInvite the short – listed Bidders to match the highest bidder/ Submit their bids on accordance with clauses in Chapter-3 of Section B.clauses in Chapter-3 of Section B.

ii)ii) take any such measure as may be deemed fit in the sole discretion of Railway, includingtake any such measure as may be deemed fit in the sole discretion of Railway, including annulment of the Bidding Process.annulment of the Bidding Process.

2.1.132.1.13 Any queries or request for additional information concerning this Document shall be submitted in Any queries or request for additional information concerning this Document shall be submitted in writing or by fax and e-mail to the officer designated in clause 2.3.5 below. The envelopes/writing or by fax and e-mail to the officer designated in clause 2.3.5 below. The envelopes/ communication shall clearly bear the following identification/ title:communication shall clearly bear the following identification/ title:

"Clarification for tender notice number _______________ due on_____________" "Clarification for tender notice number _______________ due on_____________"2.1.14 2.1.14 Any corrigendum has been issued to bid notice, the corrigendum page must also be submittedAny corrigendum has been issued to bid notice, the corrigendum page must also be submitted

along with the bid document.along with the bid document.

2.1.15 2.1.15 The bidder is fully responsible for all the information/details furnished in the bid documentThe bidder is fully responsible for all the information/details furnished in the bid document submitted by him. Railway reserves the right of rejecting the bid without assigning any reason if it issubmitted by him. Railway reserves the right of rejecting the bid without assigning any reason if it is

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found that the bidder has been given wrong information/ details in the bid document at any timefound that the bidder has been given wrong information/ details in the bid document at any time either before or during the finalization of the bid. If Railway finds that the bidder has obtained theeither before or during the finalization of the bid. If Railway finds that the bidder has obtained the license by giving wrong information / details in the bid document, Railway has the right to annul thelicense by giving wrong information / details in the bid document, Railway has the right to annul the license and terminate the license agreement treating the same as material branch of contract.license and terminate the license agreement treating the same as material branch of contract.

2.1.16 Government employee or Railway servant or any other members of his/her family (as defined in2.1.16 Government employee or Railway servant or any other members of his/her family (as defined in rule No. 103 Para 17 of the Indian Railway establishment Code-Vol.1), either in their individualrule No. 103 Para 17 of the Indian Railway establishment Code-Vol.1), either in their individual capacity or as a partner/ director/agent/franchisee of a firm/ company are not eligible to apply.capacity or as a partner/ director/agent/franchisee of a firm/ company are not eligible to apply.

2.1.17 As and when the station is redeveloped under the new station Redevelopment period policy, the2.1.17 As and when the station is redeveloped under the new station Redevelopment period policy, the license will be novated to the station Developer for the remaining period of the contract on thelicense will be novated to the station Developer for the remaining period of the contract on the same terms and conditions.same terms and conditions.

2.2 Brief description of the Bidding Process.2.2 Brief description of the Bidding Process.2.2.1 Railway has adopted a system of inviting sealed bid Open, Competitive, Single stage two packet2.2.1 Railway has adopted a system of inviting sealed bid Open, Competitive, Single stage two packet

system, (The "Bidding Process") from experienced and reputed food and catering service providerssystem, (The "Bidding Process") from experienced and reputed food and catering service providers for for "Provision of catering Services on General Minor Unit (GMU) number:___________at PF"Provision of catering Services on General Minor Unit (GMU) number:___________at PF No - __ / ___________ station of ____ category"No - __ / ___________ station of ____ category" for selection of the Licensee for the award of for selection of the Licensee for the award of License. While License. While Packet –APacket –A shall contain the information sought from the Bidders in respect of shall contain the information sought from the Bidders in respect of Techno Commercial parameters specified in Chapter 1of section B, Techno Commercial parameters specified in Chapter 1of section B, Packet-BPacket-B shall contain Price shall contain Price Bid/offer sought from interested parties on the parameters specified in Chapter-2 of section B. It isBid/offer sought from interested parties on the parameters specified in Chapter-2 of section B. It is clarified that Price Bid/Offer of only those Bidders shall be considered who qualify and get short-clarified that Price Bid/Offer of only those Bidders shall be considered who qualify and get short-listed by railway based on the Techno-Commercial parameters specified in chapter 1 of Section B.listed by railway based on the Techno-Commercial parameters specified in chapter 1 of Section B.

2.2.22.2.2 Bidders would be required to furnish/ submit all the information specified in this Document Bidders would be required to furnish/ submit all the information specified in this Document Including Information sought in Packet-A and Packet B, respectivelyIncluding Information sought in Packet-A and Packet B, respectively ("Called Bid"). ("Called Bid"). It is clarified It is clarified that prior to making a Bid. that prior to making a Bid. The BidderThe Bidder shall pay to Railway a non- refundable sum as notified in the shall pay to Railway a non- refundable sum as notified in the tender document as the cost of this Document.tender document as the cost of this Document.

2.2.3 2.2.3 The Bidders shall be responsible for all of the costs associated with the preparation of their BidsThe Bidders shall be responsible for all of the costs associated with the preparation of their Bids and their participation in the Bidding process. Railway will not be responsible or in any way liableand their participation in the Bidding process. Railway will not be responsible or in any way liable for such costs, regardless of the conduct or outcome of the Bidding Process.for such costs, regardless of the conduct or outcome of the Bidding Process.

2.2.42.2.4 Prior to making the Bid, Bidders must examine the all tasks in relation to rendering of desired Prior to making the Bid, Bidders must examine the all tasks in relation to rendering of desired services under the License and to carry out, at their cost, such studies/analysis, as may beservices under the License and to carry out, at their cost, such studies/analysis, as may be required for submitting their respective Bids for award of the License.required for submitting their respective Bids for award of the License.

2.2.52.2.5 Railway reserves the right to accept or reject any Bid , to cancel or modify the process or any apartRailway reserves the right to accept or reject any Bid , to cancel or modify the process or any apart thereof or to vary any of the terms and conditions, and/or to annul the Bidding process and rejectthereof or to vary any of the terms and conditions, and/or to annul the Bidding process and reject all Bids, at any time during the Bidding Process, without thereby incurring any liability to theall Bids, at any time during the Bidding Process, without thereby incurring any liability to the affected Bidder (s) or any obligation to inform the affected Bidder(s) of the grounds for Railway'saffected Bidder (s) or any obligation to inform the affected Bidder(s) of the grounds for Railway's action.action.

2.2.6 2.2.6 Bids with alternations, overwriting, usage of whitener etc. shall be rejected.Bids with alternations, overwriting, usage of whitener etc. shall be rejected.

2.2.7 2.2.7 If the highest bidder (H1) withdraws or fails to take up or to start the contract, he will be debarredIf the highest bidder (H1) withdraws or fails to take up or to start the contract, he will be debarred from participating in all catering contracts over Indian Railways Including IRCTC for from participating in all catering contracts over Indian Railways Including IRCTC for Five (05)Five (05) years.years.

2.32.3 Sealing and Marking of BidsSealing and Marking of Bids2.3.1 2.3.1 The bidder shall submit the bid is the format specified at clause 2.2., together with the documentsThe bidder shall submit the bid is the format specified at clause 2.2., together with the documents

specified in chapter-1 of section B and chapter-2 of Section B of Bid Document, and seal it in anspecified in chapter-1 of section B and chapter-2 of Section B of Bid Document, and seal it in an envelope and mark the envelope as envelope and mark the envelope as "BID"."BID".

2.3.22.3.2 Packet – A, shall contain all documents specified in chapter-1 of section B, including . Packet – A, shall contain all documents specified in chapter-1 of section B, including .

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(i)(i) Bid in the prescribed format (Clause 2.2) along with annexes and all the relevant supportingBid in the prescribed format (Clause 2.2) along with annexes and all the relevant supporting documents cited in the bid document.documents cited in the bid document.

(ii)(ii) Power of attorney for signing the Bid as per as the format at Annexure A/6 (section B):Power of attorney for signing the Bid as per as the format at Annexure A/6 (section B):(iii)(iii) Copy of memorandum and Articles of association, If this Bidder is a company and if a partnershipCopy of memorandum and Articles of association, If this Bidder is a company and if a partnership

firm then a copy of its Partnership deed.firm then a copy of its Partnership deed.(iv)(iv) Copies of Bidders balance sheet and profit and loss account for the preceding 3 (three) years dulyCopies of Bidders balance sheet and profit and loss account for the preceding 3 (three) years duly

audited by Charted Accountant.audited by Charted Accountant.(v)(v) Demand Draft as notified in the tender document as earnest Money in favour of "Financial AdvisorDemand Draft as notified in the tender document as earnest Money in favour of "Financial Advisor

and Chief Accounts Officer, South Eastern Railway, Garden Reach, Kolkata - 43 Payable atand Chief Accounts Officer, South Eastern Railway, Garden Reach, Kolkata - 43 Payable at Kolkata should accompany the Bid.Kolkata should accompany the Bid.

(vi)(vi) Proof of having deposited the cost of Bid Document, either deposit slip issued by Railway or aProof of having deposited the cost of Bid Document, either deposit slip issued by Railway or a separate envelope containing demand draft as notified in the tender document super-scribed as "separate envelope containing demand draft as notified in the tender document super-scribed as " cost of bid document", in case the Bid Document has been downloaded from internet.cost of bid document", in case the Bid Document has been downloaded from internet.

2.3.3 2.3.3 Packet-B is the price bid and shall contain all documents specified at chapter -2 of section B.Packet-B is the price bid and shall contain all documents specified at chapter -2 of section B.

2.3.42.3.4 Each of the envelopes shall clearly bear the following identification:Each of the envelopes shall clearly bear the following identification:

"Provision of catering services on general Minor unit (GMU) "Provision of catering services on general Minor unit (GMU) number: ______ at PF No - __ /number: ______ at PF No - __ / ___________ station of ____ category"___________ station of ____ category", and shall clearly Indicate the name and address of the, and shall clearly Indicate the name and address of the Bidder. In addition , the bid Due Date should be indicated on the right hand corner of each of theBidder. In addition , the bid Due Date should be indicated on the right hand corner of each of the envelopes.envelopes.

2.3.5 2.3.5 Each of the envelopes if sent by registered post or couriered shall be addressed to :Each of the envelopes if sent by registered post or couriered shall be addressed to :

ATTN.OFATTN.OF :: GMU-Tender Notice No.GMU-Tender Notice No.

DesignationDesignation :: Sr.Divisional Commercial ManagerSr.Divisional Commercial Manager

AddressAddress :: Office of Sr. Divisional Commercial Manager, Office of Sr. Divisional Commercial Manager, Chakradharpur, Division - ChakradharpurChakradharpur, Division - ChakradharpurS. E. RailwayS. E. Railway

Fax No.Fax No. :: Fax: 06587-238089Fax: 06587-238089

EmailEmail:: [email protected]@ckp.railnet.gov.in

If the Bids are hand delivered they should be dropped in the Bid box provided in Railway office addressIf the Bids are hand delivered they should be dropped in the Bid box provided in Railway office address given above.given above. 2.3.6 2.3.6 Bids submitted by fax, telex, telegram or E-mail shall not be entertained and shall be rejected.Bids submitted by fax, telex, telegram or E-mail shall not be entertained and shall be rejected.2.4 2.4 Bid Due Date.Bid Due Date.2.4.12.4.1 Bids received by Railway after the specified time on the Bid Due Date shall not be eligible forBids received by Railway after the specified time on the Bid Due Date shall not be eligible for

consideration and shall be summarily rejected. If the bid sent by registered post or courier arrivesconsideration and shall be summarily rejected. If the bid sent by registered post or courier arrives at the afore – mentioned address after the submission time on the due date, it will be treated asat the afore – mentioned address after the submission time on the due date, it will be treated as LATELATE bid. bid.

2.5 Number of BIDS2.5 Number of BIDS

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2.5.12.5.1 In response to this Bid, each Bidder, can submit only one (1) Bid. If a bidder, either bidding as an In response to this Bid, each Bidder, can submit only one (1) Bid. If a bidder, either bidding as an individual or partnership or a company , is found to participate in more than one Bid, all such Bidsindividual or partnership or a company , is found to participate in more than one Bid, all such Bids where the bidder has bid shall be disqualified and the earnest Money shall be forfeited by Railway.where the bidder has bid shall be disqualified and the earnest Money shall be forfeited by Railway. Further, a bidder and any other Bidder shall not have common controlling shareholders failingFurther, a bidder and any other Bidder shall not have common controlling shareholders failing which the bids of all such bidders shall be disqualified and Railway shall forfeit and appropriate thewhich the bids of all such bidders shall be disqualified and Railway shall forfeit and appropriate the Earnest Money of all such Bids.Earnest Money of all such Bids.

2.6 Proposal Validity2.6 Proposal Validity

2.6.1 2.6.1 The bid including in the earnest money shall remain valid for acceptance by Railway for a period ofThe bid including in the earnest money shall remain valid for acceptance by Railway for a period of 180 days from the 180 days from the last date of submission of bidslast date of submission of bids as specified as per para 6 of the Bid Notice. In as specified as per para 6 of the Bid Notice. In case of any need, Railway may requested the bidder to extent their bids on the same terms andcase of any need, Railway may requested the bidder to extent their bids on the same terms and conditions.conditions.

2.7 2.7 BID OpeningBID Opening

2.7.1 2.7.1 Bidders interested may like to be present at the Railway office at the closing time of Bid submissionBidders interested may like to be present at the Railway office at the closing time of Bid submission and witness the Bid opening immediately thereafter. Representatives of bidders shall carry anand witness the Bid opening immediately thereafter. Representatives of bidders shall carry an authority letter from their firm. Bid shall be opened at IST authority letter from their firm. Bid shall be opened at IST 15.3015.30 hours. Only the main envelope hours. Only the main envelope shall be opened.shall be opened.

2.7.2 2.7.2 All unopened Price Bids Shall, however, be kept in an envelope marked as All unopened Price Bids Shall, however, be kept in an envelope marked as " Price Bids"" Price Bids" and shall and shall be sealed in front of the Bidders.be sealed in front of the Bidders.

2.7.32.7.3 Bidders who successfully pass the Techno-Commercial Evaluation as per Chapter-3 of section-BBidders who successfully pass the Techno-Commercial Evaluation as per Chapter-3 of section-B shall be notified in due course about the opening of the Price Bids. Such Bidders may nominateshall be notified in due course about the opening of the Price Bids. Such Bidders may nominate their authorized representative to attend the opening of price Bids.their authorized representative to attend the opening of price Bids.

2.7.4 2.7.4 The price Bids of Bidders, who fail to qualify, the Techno-Commercial Evaluation stage shall beThe price Bids of Bidders, who fail to qualify, the Techno-Commercial Evaluation stage shall be returned to the Bidders unopened.returned to the Bidders unopened.

2.8 Award of Bid2.8 Award of Bid

2.8.12.8.1 Award of Bid shall be governed by evaluation process explained at Chapter 3 of section-B of thisAward of Bid shall be governed by evaluation process explained at Chapter 3 of section-B of this Bid Document.Bid Document.

2.9 Fraud and Corrupt Practices.2.9 Fraud and Corrupt Practices.

2.9.12.9.1 The Bidders and their respective officers, employees, agents, and advisers shall observe theThe Bidders and their respective officers, employees, agents, and advisers shall observe the highest standard of ethics during the Bidding Process and subsequent to the issue of the LOA andhighest standard of ethics during the Bidding Process and subsequent to the issue of the LOA and during the subsistence of the License Agreement. Not with standing anything to the contraryduring the subsistence of the License Agreement. Not with standing anything to the contrary contained herein, or in the LOA or the License Agreement, Railway may reject a Bid without beingcontained herein, or in the LOA or the License Agreement, Railway may reject a Bid without being liable in any manner whatsoever to the Bidder or the License if it determines that the Bidder or theliable in any manner whatsoever to the Bidder or the License if it determines that the Bidder or the Licensee, as the case may be, has, directly or indirectly or through an agent, engaged in corruptLicensee, as the case may be, has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in thepractice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in the Bidding Process. In such an event, Railway shall:Bidding Process. In such an event, Railway shall:

Forfeit and appropriate the Bid security or performance Security, as determined by Railway , withoutForfeit and appropriate the Bid security or performance Security, as determined by Railway , without prejudice to any other right or remedy that may be available to Railway hereunder or otherwise.prejudice to any other right or remedy that may be available to Railway hereunder or otherwise.

(a)(a) Shall debar the Bidder or Licensee to participate in any Bid, etc. issued by the ZonalShall debar the Bidder or Licensee to participate in any Bid, etc. issued by the Zonal Railway/IRCTC during a period of Five Years from the date occurrence of such event.Railway/IRCTC during a period of Five Years from the date occurrence of such event.

2.9.2 2.9.2 for the purposes of this Clause 2.9, the following terms shall have the meaning here in afterfor the purposes of this Clause 2.9, the following terms shall have the meaning here in after respectively assigned to them:respectively assigned to them:

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(a)(a) "Corrupt Practice" "Corrupt Practice" means (i) the offering, giving, receiving or soliciting, directly or indirectly, ofmeans (i) the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence the actions of any person connected with the Bidding process (foranything of value to influence the actions of any person connected with the Bidding process (for avoidance of doubt, offering of employment to, or employing , or engaging in any manner whatsavoidance of doubt, offering of employment to, or employing , or engaging in any manner whats ever, directly or indirectly , any official of Railway who is or has been associated in any manner ,ever, directly or indirectly , any official of Railway who is or has been associated in any manner , directly or indirectly with the Bidding Process or the LOA or has dealt with matters concerning thedirectly or indirectly with the Bidding Process or the LOA or has dealt with matters concerning the License Agreement or arising thereof, before or after the execution thereof, at any time prior to theLicense Agreement or arising thereof, before or after the execution thereof, at any time prior to the expiry of one year from the date such official resigns or retires from or otherwise ceases to be inexpiry of one year from the date such official resigns or retires from or otherwise ceases to be in the service of Railway, shall be deemed to constitute influencing the actions of a personthe service of Railway, shall be deemed to constitute influencing the actions of a person connected with the Bidding Process): or (ii) engaging in any manner whatsoever, whether duringconnected with the Bidding Process): or (ii) engaging in any manner whatsoever, whether during the Bidding process or after the issue of the LOA or after the execution of the License Agreement,the Bidding process or after the issue of the LOA or after the execution of the License Agreement, as the case may be, any person in respect of any matter relating to the award of License or theas the case may be, any person in respect of any matter relating to the award of License or the LOA or the License Agreement , who at any time has been or is a legal, financial or technicalLOA or the License Agreement , who at any time has been or is a legal, financial or technical adviser of Railway in relation to any matter concerning the award of License;adviser of Railway in relation to any matter concerning the award of License;

(b)(b) "Fraudulent Practice" means a misrepresentation or omission of facts or suppression of facts or "Fraudulent Practice" means a misrepresentation or omission of facts or suppression of facts or disclosure of incomplete facts, submission of forged / fake document.disclosure of incomplete facts, submission of forged / fake document.

(c) (c) "Coercive Practice" means impairing or harming of threatening to impair or harm, directly or"Coercive Practice" means impairing or harming of threatening to impair or harm, directly or indirectly, any person or property to influence any person's participation or action in the Biddingindirectly, any person or property to influence any person's participation or action in the Bidding Process.Process.

(d) (d) "undesirable practice" means (i) establishing contact with any person connected with or employed"undesirable practice" means (i) establishing contact with any person connected with or employed or engaged by Railway with the objective of canvassing, lobbying or in any manner influencing oror engaged by Railway with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the Bidding Process or (ii) having a conflict of interest ; andattempting to influence the Bidding Process or (ii) having a conflict of interest ; and

(e)(e) "Restrictive Practice" means forming a cartel or arriving at any understanding or arrangement"Restrictive Practice" means forming a cartel or arriving at any understanding or arrangement among Bidders with the objective of restricting or manipulating a full and fair competition in theamong Bidders with the objective of restricting or manipulating a full and fair competition in the Bidding Process.Bidding Process.

2.10 Miscellaneous2.10 Miscellaneous

2.10.12.10.1 Railway in the sole discretion and without incurring any obligation or liability, reserves the right, atRailway in the sole discretion and without incurring any obligation or liability, reserves the right, at any time , to;any time , to;

(a) (a) Suspend and / or cancel the Bidding Process and / or amend and / or supplement the BiddingSuspend and / or cancel the Bidding Process and / or amend and / or supplement the Bidding Process or modify the dates or other terms and conditions relating thereto.Process or modify the dates or other terms and conditions relating thereto.

(b) (b) Consult with any Bidder in order to receive clarification or further information;Consult with any Bidder in order to receive clarification or further information;

(c) (c) Retain any information and/or evidence submitted to Railway by, on behalf of, and/or in relation toRetain any information and/or evidence submitted to Railway by, on behalf of, and/or in relation to any Bidder; and/or;any Bidder; and/or;

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

2.10.2 2.10.2 It shall be deemed that by submitting the Bid, the Bidder agrees and releases Railway, itsIt shall be deemed that by submitting the Bid, the Bidder agrees and releases Railway, its employees, agents and advisers, irrevocably, unconditionally, fully and finally from any and allemployees, agents and advisers, irrevocably, unconditionally, fully and finally from any and all liability for claims, losses, damages, costs, expenses or liabilities in any way related to or arisingliability for claims, losses, damages, costs, expenses or liabilities in any way related to or arising from the exercise of any rights and/or performance of any obligations hereunder and the Biddingfrom the exercise of any rights and/or performance of any obligations hereunder and the Bidding Documents, pursuant hereto, and/or in connection with the Bidding Process, to the fullest extentDocuments, pursuant hereto, and/or in connection with the Bidding Process, to the fullest extent permitted by applicable law, and waives any and all rights and/or claims it may have in this respect,permitted by applicable law, and waives any and all rights and/or claims it may have in this respect, whether actual or contingent, whether present or in future.whether actual or contingent, whether present or in future.

2.10.3 2.10.3 The disclaimer as set forth at the outset of this document and the License Agreement as stated inThe disclaimer as set forth at the outset of this document and the License Agreement as stated in this Document shall be deemed to be the part of this Documentthis Document shall be deemed to be the part of this Document ..

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2.10.4 2.10.4 The Selected Bidder shall have to execute the License Agreement in this manner and format asThe Selected Bidder shall have to execute the License Agreement in this manner and format as indicted by Railway in this Document and no material changes shall be permitted for submission byindicted by Railway in this Document and no material changes shall be permitted for submission by the Selected Bidder. the Selected Bidder.

2.10.5 Licensee shall supply items to Railways as and when required at approved rates like2.10.5 Licensee shall supply items to Railways as and when required at approved rates like accidents/ unusual incidents.accidents/ unusual incidents.

CHAPTER-3 : CHAPTER-3 : ELIGIBILITY CRITERIA AND EVALUATION CRITERIA OF BIDDERSELIGIBILITY CRITERIA AND EVALUATION CRITERIA OF BIDDERS

All Bids shall be screened for the eligibility norms detailed below. Bidder not complying with anyone or all ofAll Bids shall be screened for the eligibility norms detailed below. Bidder not complying with anyone or all of these essential norms shall be summarily rejected. these essential norms shall be summarily rejected.

3.13.1 Legal Status of the Bidder (essential)Legal Status of the Bidder (essential)3.1.13.1.1 The Bidder should be either an individual or sole-proprietor firm or a Company incorporated underThe Bidder should be either an individual or sole-proprietor firm or a Company incorporated under

the Companies Act, 2013 or a Partnership Firm registered under the Partnership Act, 1932. Thethe Companies Act, 2013 or a Partnership Firm registered under the Partnership Act, 1932. The bidder shall furnish self – attested copy of Government approved identify Proof, such as AADHAARbidder shall furnish self – attested copy of Government approved identify Proof, such as AADHAAR CARD.CARD.

3.23.2 Experience of Catering Business(essential)Experience of Catering Business(essential)3.2.13.2.1 For the GMU at A1/A Station the Bidder should have a For the GMU at A1/A Station the Bidder should have a minimum of Three (3) years of cateringminimum of Three (3) years of catering

business experience.business experience.The Bidder shall submit a copy of Articles of Association / Partnership Deed certified whereThe Bidder shall submit a copy of Articles of Association / Partnership Deed certified where

catering/hospitality/food and beverages is covered under the main Objects clause of the agreement.catering/hospitality/food and beverages is covered under the main Objects clause of the agreement.

3.33.3 Minimum Annual Turnover (essential)Minimum Annual Turnover (essential)For GMU at A1/A/B/C class stations the bidder must have minimum annual turnover of 3 times ofFor GMU at A1/A/B/C class stations the bidder must have minimum annual turnover of 3 times of indicative License fee in any one of the previous three financial years form catering agreement.indicative License fee in any one of the previous three financial years form catering agreement.

NOTE: Minimum Annual Turnover as stated above will be 4.5 times for GMUs at PrimeNOTE: Minimum Annual Turnover as stated above will be 4.5 times for GMUs at Prime Locations of the Station / Platform (to be decided by the Railway ) at all categories ofLocations of the Station / Platform (to be decided by the Railway ) at all categories of stations . However , Minimum Annual Turnover will be escalated by 4.5 times forstations . However , Minimum Annual Turnover will be escalated by 4.5 times for refreshment rooms at 'B' & 'C' category of stations irrespective of the location at therefreshment rooms at 'B' & 'C' category of stations irrespective of the location at the station / platform.station / platform.

The Bidder would submit audited balance sheet and profit and loss account or income tax returns of The Bidder would submit audited balance sheet and profit and loss account or income tax returns of previous three (3) financial years . previous three (3) financial years . i.e. 2014 -15 , 2015 -16 and 2016 -17i.e. 2014 -15 , 2015 -16 and 2016 -17 duly certified by the Charted duly certified by the Charted Accountant.Accountant.

3.43.4 Financial Standing (essential)Financial Standing (essential)For GMU at A1/A/B/C class stations the bidder must have profit or loss + accumulated reserves +For GMU at A1/A/B/C class stations the bidder must have profit or loss + accumulated reserves + share capital of minimum Rs.3 lakhs in the previous three financial years.share capital of minimum Rs.3 lakhs in the previous three financial years.

NOTE: Financial standing as stated above will be escalated 50% for GMUs at Prime Locations ofNOTE: Financial standing as stated above will be escalated 50% for GMUs at Prime Locations of the Station / Platform (to be decided by the Railway ) at all categories of stations . However ,the Station / Platform (to be decided by the Railway ) at all categories of stations . However ,

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Minimum Financial standing will be escalated by 50% for refreshment rooms at 'B' & 'C'Minimum Financial standing will be escalated by 50% for refreshment rooms at 'B' & 'C' category of stations irrespective of the location at the station / platform.category of stations irrespective of the location at the station / platform.

3.5 Domicile of the bidder with reference to the location of the GMU (desirable)3.5 Domicile of the bidder with reference to the location of the GMU (desirable)Preference will be given to the bidder having domicile certificate for the municipality / district/statePreference will be given to the bidder having domicile certificate for the municipality / district/state under which jurisdiction the station is falling as per the scoring criteria in the Techno-Commercialunder which jurisdiction the station is falling as per the scoring criteria in the Techno-Commercial bid document. Self-attested Proof of domicile to be attached.bid document. Self-attested Proof of domicile to be attached.

3.6 3.6 Additional Mandatory Requirements Additional Mandatory Requirements 3.6.1 3.6.1 All other mandatory requirements have been enlisted at Annexure A/2, Chapter- 1 of Section B ofAll other mandatory requirements have been enlisted at Annexure A/2, Chapter- 1 of Section B of

the Bid document. This Includes Permanent Account Number ,GSTIN Registration, FSSAI etc. the Bid document. This Includes Permanent Account Number ,GSTIN Registration, FSSAI etc.

3.7 EVALUATION CRITERIA 3.7 EVALUATION CRITERIA 3.7.13.7.1 Bids which satisfy the above criteria will be called 'eligible bid". All eligible bids shall be evaluatedBids which satisfy the above criteria will be called 'eligible bid". All eligible bids shall be evaluated

in terms of the process defined at Chapter- 3 of Section- C. in terms of the process defined at Chapter- 3 of Section- C.

Section-BSection-B

Chapter 1: Techno Commercial Bid – Packet AChapter 1: Techno Commercial Bid – Packet A

(i)(i) Covering Letter comprising the Bid (Annexure –A/1)Covering Letter comprising the Bid (Annexure –A/1)(ii)(ii) Mandatory Information for Eligibility (Annexure-A/2)Mandatory Information for Eligibility (Annexure-A/2)(iii)(iii) Affidavit (Annexure- A/3)Affidavit (Annexure- A/3)(iv)(iv) Techno-Commercial Experience of the Bidder (Annexure-A/4)Techno-Commercial Experience of the Bidder (Annexure-A/4)(v)(v) Supporting Forms for Techno-Commercial experience (Tech Forms 1 to 2)Supporting Forms for Techno-Commercial experience (Tech Forms 1 to 2)(vi)(vi) Power of Attorney for signing of bid (Annexure-A/6)Power of Attorney for signing of bid (Annexure-A/6)(vii)(vii) Bank Guarantee (Annexure-A/7)Bank Guarantee (Annexure-A/7)(viii)(viii) Self Declaration Form of Techno-Commercial Experience (Annexure-A/5)Self Declaration Form of Techno-Commercial Experience (Annexure-A/5)(ix)(ix) Declaration of for Solvency (annexure-A/8)Declaration of for Solvency (annexure-A/8)

Chapter 2: Price Bid – Packet- BChapter 2: Price Bid – Packet- B

(i)(i) Price Bid Submission Form (Annexure-B/1) Price Bid Submission Form (Annexure-B/1)

Chapter 3: Evaluation CriteriaChapter 3: Evaluation Criteria

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CHAPTER-1CHAPTER-1

TECHNO-COMMERCIAL BIDTECHNO-COMMERCIAL BID( Packet A )( Packet A )

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Covering Letter Comprising the BidCovering Letter Comprising the BidAnnexure - A/1Annexure - A/1

ToTo Dated:……………..Dated:……………..The Divisional Railway Manager (Commercial)The Divisional Railway Manager (Commercial)Chakradharpur, S.E. RailwayChakradharpur, S.E. Railway

Sub:Sub: Bid for the award of License for "Provision of Catering Services at General Bid for the award of License for "Provision of Catering Services at General Minor Unit Number (GMU) No - ……. / ………… station of …….. category.Minor Unit Number (GMU) No - ……. / ………… station of …….. category.

Dear Sir,Dear Sir,

1.1. With reference to your Bid Document No._______________With reference to your Bid Document No._______________ , dated_________ , I/We, , dated_________ , I/We, having examined the Bidding Documents and understood its contents, hereby submit my/our Bid alonghaving examined the Bidding Documents and understood its contents, hereby submit my/our Bid along with the Bid for the award of License. The letter and the Bid is unconditional and unqualified. with the Bid for the award of License. The letter and the Bid is unconditional and unqualified.

2.2. I/We acknowledge that Railway will be relying on the information provided in the Bid and theI/We acknowledge that Railway will be relying on the information provided in the Bid and the documents accompanying this Bid for qualification of the Bidder(s) for the award of License, and I/wedocuments accompanying this Bid for qualification of the Bidder(s) for the award of License, and I/we certify that all information provided in the Bid and its Annexes is true and correct. certify that all information provided in the Bid and its Annexes is true and correct.

3.3. I/We understand that the submission of Bid/offer does not guarantee the award of the said License.I/We understand that the submission of Bid/offer does not guarantee the award of the said License.4.4. I/We shall make available to Railway any additional information(s) it may find necessary or require toI/We shall make available to Railway any additional information(s) it may find necessary or require to

supplement or authenticate the Bid. supplement or authenticate the Bid. 5.5. I/We recognize that Railway has the right to accept/reject our bid without assigning any reason. I/We recognize that Railway has the right to accept/reject our bid without assigning any reason. 6.6. I/We declare that: I/We declare that:

(a)(a) I/We have examined and have no reservations to the Bidding Documents, including anyI/We have examined and have no reservations to the Bidding Documents, including any Addendum/Corrigendum issued by Railway;Addendum/Corrigendum issued by Railway;

(b)(b) I/We have not directly or indirectly or through an agent engaged or indulged in any corrupt practice,I/We have not directly or indirectly or through an agent engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as defined infraudulent practice, coercive practice, undesirable practice or restrictive practice, as defined in Section- A, Chapter II of Bid Document, in respect of any bid or request for proposal issued by orSection- A, Chapter II of Bid Document, in respect of any bid or request for proposal issued by or any agreement entered into with Railway.any agreement entered into with Railway.

(c)(c) I/We hereby certify that we have taken steps to ensure that in conformity with the provisions ofI/We hereby certify that we have taken steps to ensure that in conformity with the provisions of Section A, Chapter-II of the Bid Document, no person acting for us or on our behalf has engaged orSection A, Chapter-II of the Bid Document, no person acting for us or on our behalf has engaged or will engage in any corrupt practice, fraudulent practice, coercive practice, undesirable practice orwill engage in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice. restrictive practice.

7.7. I/We understand that Railway may cancel the Bidding Process at any time and that Railway is neitherI/We understand that Railway may cancel the Bidding Process at any time and that Railway is neither bound to accept any Bid that Railway may receive nor to invite the Bidders to Bid for the award ofbound to accept any Bid that Railway may receive nor to invite the Bidders to Bid for the award of License, without incurring any liability to the Bidders, in accordance with Chapter-II of Section- A of theLicense, without incurring any liability to the Bidders, in accordance with Chapter-II of Section- A of the Bid Document. Bid Document.

8.8. I/We undertake that in case due to any change in facts or circumstances during the Bidding Process,I/We undertake that in case due to any change in facts or circumstances during the Bidding Process, we are attracted by the provisions of disqualification in terms of the provisions of the Bid Document; wewe are attracted by the provisions of disqualification in terms of the provisions of the Bid Document; we shall intimate Railway of the same immediately. shall intimate Railway of the same immediately.

9.9. I/We understand that on account of non-acceptance of LOA or on account of not fulfilling the conditionsI/We understand that on account of non-acceptance of LOA or on account of not fulfilling the conditions of the Bid Document or, as the case may be, the License Agreement within the prescribed time, I/Weof the Bid Document or, as the case may be, the License Agreement within the prescribed time, I/We

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shall be debarred by Railway for further participation in the similar future contracts/licenses of Railwayshall be debarred by Railway for further participation in the similar future contracts/licenses of Railway for a period of five (5) years. for a period of five (5) years.

10.10. In the event of my/our being declared as the Selected Bidder, I/We agree to enter into a LicenseIn the event of my/our being declared as the Selected Bidder, I/We agree to enter into a License Agreement in accordance with the draft that has been provided to me/us prior to the Bid Due Date. WeAgreement in accordance with the draft that has been provided to me/us prior to the Bid Due Date. We agree not to seek any changes in the aforesaid draft and agree to abide by the same.agree not to seek any changes in the aforesaid draft and agree to abide by the same.

11.11. I/We have studied all the Bidding Documents carefully and we understand that except to the extent asI/We have studied all the Bidding Documents carefully and we understand that except to the extent as expressly set-forth in the License Agreement, we shall have no claim, right or title arising out of anyexpressly set-forth in the License Agreement, we shall have no claim, right or title arising out of any documents or information provided to us by Railway or in respect of any matter arising out of ordocuments or information provided to us by Railway or in respect of any matter arising out of or concerning or relating to the Bidding Process including the award of License. concerning or relating to the Bidding Process including the award of License.

12.12. The techno-commercial/Price Bid has been submitted by me/us after taking into consideration all theThe techno-commercial/Price Bid has been submitted by me/us after taking into consideration all the terms and conditions stated in the Bid Document, draft License Agreement, my/our estimates of coststerms and conditions stated in the Bid Document, draft License Agreement, my/our estimates of costs and all the conditions that may affect the Bid. and all the conditions that may affect the Bid.

13.13. The Earnest Money in the form of a Demand Draft is attached. The Earnest Money in the form of a Demand Draft is attached. 14.14. I/We agree and understand that the Bid is subject to the provision of the Bidding Documents. In noI/We agree and understand that the Bid is subject to the provision of the Bidding Documents. In no

case, I/We have any claim or right of whatsoever nature if the License is not awarded to me/us orcase, I/We have any claim or right of whatsoever nature if the License is not awarded to me/us or my/our Bid is not opened. my/our Bid is not opened.

15.15. I/We agree to keep my/our Bid valid for 180 days from the Bid Due Date specified in the Bid Document.I/We agree to keep my/our Bid valid for 180 days from the Bid Due Date specified in the Bid Document. 16.16. I/We agree and undertake to abide by all the terms and conditions of the Bid Document. I/We agree and undertake to abide by all the terms and conditions of the Bid Document. 17.17. We agree and undertake to be jointly and severally liable for all the obligations of the License under theWe agree and undertake to be jointly and severally liable for all the obligations of the License under the

License Agreement till the expiry/termination of the License Agreement.License Agreement till the expiry/termination of the License Agreement.18.18. I/We declare that I/We am/are solvent and have enclosed an affidavit in the bidding documentI/We declare that I/We am/are solvent and have enclosed an affidavit in the bidding document

(Annexure A/8).(Annexure A/8).19.19. I/We declare that I/We have no dues pending to Railways.I/We declare that I/We have no dues pending to Railways.20.20. I/We declare that I/We have not been debarred / blacklisted from participating in bidding process ofI/We declare that I/We have not been debarred / blacklisted from participating in bidding process of

catering services in Indian Railway by any of the Zonal Railway/IRCTC.catering services in Indian Railway by any of the Zonal Railway/IRCTC.21.21. I/We declare that I/We have not been convicted in any criminal case and there is no pending criminalI/We declare that I/We have not been convicted in any criminal case and there is no pending criminal

case against me/us in any of the courts in India.case against me/us in any of the courts in India.22.22. I/We hereby certify that :I/We hereby certify that :

oo I/We do not currently hold any single renewed license.I/We do not currently hold any single renewed license.oo I/We hold a single renewed license under affidavit and I/We understand that I/We shallI/We hold a single renewed license under affidavit and I/We understand that I/We shall

forgo the single renewed license on allotment of a fresh license.forgo the single renewed license on allotment of a fresh license.23.23. I/We have not been debarred from any government contract and no legal action carried by food safety I/We have not been debarred from any government contract and no legal action carried by food safety

officer (FSO) against me/us.officer (FSO) against me/us.24.24. I am fully aware that if I furnish any wrong information / details in the bid document, the same will beI am fully aware that if I furnish any wrong information / details in the bid document, the same will be

rejected by the Railway along with forfeiture of EMD, without assigning any reason during therejected by the Railway along with forfeiture of EMD, without assigning any reason during the finalization of the bid. I also accept that Railway has the right to annul the license and terminate thefinalization of the bid. I also accept that Railway has the right to annul the license and terminate the license agreement on knowing that the license has been awarded to me based on the wronglicense agreement on knowing that the license has been awarded to me based on the wrong Information/ details furnished by me in the bid document.Information/ details furnished by me in the bid document.

In witness thereof, I/We submit this Bid along with our Bid under and in accordance with the terms of theIn witness thereof, I/We submit this Bid along with our Bid under and in accordance with the terms of the Bid Document. Bid Document.

Yours faithfully, Yours faithfully, Date:Date:Place: Place: (Signature, name and designation of the Authorized Signatory) (Signature, name and designation of the Authorized Signatory) Name and Seal of the Bidder. Name and Seal of the Bidder.

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Annexure-A/2Annexure-A/2Mandatory Information for Eligibility of the bidMandatory Information for Eligibility of the bid

For GMU No - ____ at Pf No - __ / ________ Station of _____ category.For GMU No - ____ at Pf No - __ / ________ Station of _____ category.1.1. The form below should be filled by bidder along with all supporting documents as stipulated in theThe form below should be filled by bidder along with all supporting documents as stipulated in the

relevant rows. Failure to adhere to the format will lead to rejection of Bid.relevant rows. Failure to adhere to the format will lead to rejection of Bid.

SlSl NoNo Techno-Commercial CriteriaTechno-Commercial Criteria (To be filled by the(To be filled by the

Bidder)Bidder)

SupportingSupporting document keptdocument kept

at page noat page no..

1.1. Name of the bidderName of the bidder

2.2. Contact Person of the Bidder designated for this bidContact Person of the Bidder designated for this bid along with Telephone, Fax Number and e-mail ID. along with Telephone, Fax Number and e-mail ID.

3.3. Full address of the Bidder with Telephone & FAX Full address of the Bidder with Telephone & FAX Numbers(s)Numbers(s)

4.4. Details of Earnest Money for Amount as notified inDetails of Earnest Money for Amount as notified in the tender document in the form of through DD inthe tender document in the form of through DD in favour of favour of " "Financial Advisor and Chief AccountsFinancial Advisor and Chief Accounts Officer, South Eastern Railway, Garden Reach,Officer, South Eastern Railway, Garden Reach, Kolkata - 43Kolkata - 43 Payable at Kolkata Payable at Kolkata

5.5. Specify the Legal Status of the bidder:Specify the Legal Status of the bidder:

Company/Partnership Firm/Hindu undivided Family/Company/Partnership Firm/Hindu undivided Family/ Individual / Sole proprietor firm in case of a HUF, theIndividual / Sole proprietor firm in case of a HUF, the tender must be signed by the karta.tender must be signed by the karta.

6.6. In case of Firm, registered under the PartnershipIn case of Firm, registered under the Partnership Act, 1932; Please enclose details of partners alongAct, 1932; Please enclose details of partners along with certificates of registration details of theirwith certificates of registration details of their business and partnership deed etc. duly attested bybusiness and partnership deed etc. duly attested by Notary.. Notary..

7.7. In case of Company please enclosed memorandumIn case of Company please enclosed memorandum and Articles of Association along with certificates ofand Articles of Association along with certificates of incorporation and date of commencement ofincorporation and date of commencement of business. business.

8.8. PAN Number of the Bidder:PAN Number of the Bidder:

(Please enclose the self attested photocopy of(Please enclose the self attested photocopy of PAN Card issued by Income Tax Department.)PAN Card issued by Income Tax Department.)

9.9. GSTIN Number of the bidder GSTIN Number of the bidder

(Please enclose the attested photocopy of GST(Please enclose the attested photocopy of GST Registration Certificate issued by relevantRegistration Certificate issued by relevant authorities)authorities)

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10.10. Turnover of the bidder for the preceding ThreeTurnover of the bidder for the preceding Three Financial years viz. 2014-15, 2015-16 and 2016-17Financial years viz. 2014-15, 2015-16 and 2016-17

(Please enclose a statement duly certified by a(Please enclose a statement duly certified by a Chartered Accountant)Chartered Accountant)

11.11. Financial standing of the Bidder for the precedingFinancial standing of the Bidder for the preceding three financial years viz. 2014-15, 2015-16 & 2016-three financial years viz. 2014-15, 2015-16 & 2016-1717

(Please enclose a statement duly certified by a(Please enclose a statement duly certified by a Chartered Accountant)Chartered Accountant)

12.12. Domicile Certificate of the bidder (essential only forDomicile Certificate of the bidder (essential only for bidder wishing to be considered for relevant scorebidder wishing to be considered for relevant score proof to be attached).proof to be attached).

13.13. FSSAI certificate FSSAI certificate

14.14. AADHAAR of the authorized signatory.AADHAAR of the authorized signatory.

15.15. PF registration of the bidder (Please enclosePF registration of the bidder (Please enclose attested photo copy of certificate issued byattested photo copy of certificate issued by Provident fund commissioner.)Provident fund commissioner.)

Note:Note:1.1. The details, as required in "Annexure-A/2" must be submitted with supporting documentsThe details, as required in "Annexure-A/2" must be submitted with supporting documents

for each of criteria mentioned at each rows.for each of criteria mentioned at each rows.2.2. Bids with alterations/cutting/non-compliance of formats or incomplete in anyBids with alterations/cutting/non-compliance of formats or incomplete in any

respect shall be liable to be rejected. respect shall be liable to be rejected.

I/We____________________________________________________ do hereby declare that theI/We____________________________________________________ do hereby declare that the entries made in the above "Annexure-A/2" are true to the best of my/our knowledge and also that we shallentries made in the above "Annexure-A/2" are true to the best of my/our knowledge and also that we shall be bound by the acts of my/our duly constituted attorney.be bound by the acts of my/our duly constituted attorney.

I/We further understand that in case of any information submitted by me/us being found to beI/We further understand that in case of any information submitted by me/us being found to be incorrect either before or even after the award of License, Railway will have the right to summarily reject theincorrect either before or even after the award of License, Railway will have the right to summarily reject the bid, cancel the License or revoke the same bid, cancel the License or revoke the same at any timeat any time without assigning any reason whatsoever. without assigning any reason whatsoever.

______________________________________________________ SEALSEAL(Signature of the Bidder with date)(Signature of the Bidder with date)

Name:Name:Address: ……………………………….Address: ……………………………….

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Annexure - A/3Annexure - A/3 AffidavitAffidavit

(To be submitted on non-judicial stamp paper of appropriate value)(To be submitted on non-judicial stamp paper of appropriate value)1.1. I__________________S/o__________________R/o______________furnishing this affidavit in myI__________________S/o__________________R/o______________furnishing this affidavit in my

capacity as an individual/partner of firm________________/Director of Body Corporatecapacity as an individual/partner of firm________________/Director of Body Corporate _______________and solemnly affirm and state as under :-_______________and solemnly affirm and state as under :-

2.2. that I/We hold as on date following catering licenses on Indian Railway:that I/We hold as on date following catering licenses on Indian Railway:

Sl. No.Sl. No. Name of the UnitName of the Unit At stationAt station License Period License Period From To From To

License Fees. License Fees. (In Rs.) (In Rs.)

1.1.2.2.3.3.4.4.5.5.

NoteNote:: The ceiling limit on holding of catering licenses shall be governed as per Para No.13 of CateringThe ceiling limit on holding of catering licenses shall be governed as per Para No.13 of Catering Policy, 2017 or any amendments as issued from time to time. Policy, 2017 or any amendments as issued from time to time.

VERIFICATIONVERIFICATION::

Verified at______ on this ______ day of ______20XX that the contents of the above affidavit are true andVerified at______ on this ______ day of ______20XX that the contents of the above affidavit are true and correct to my knowledge, no part is false and nothing material has been concealed there from. I furthercorrect to my knowledge, no part is false and nothing material has been concealed there from. I further declare that I am duly authorized to make this affidavit.declare that I am duly authorized to make this affidavit.

Date:Date:Place:Place:

DEPONENTDEPONENTOn behalf of On behalf of

……………………………………

To be Attested by notary publicTo be Attested by notary public

Annexure - A/4Annexure - A/4TECHNO-COMMERCIAL EXPERIENCE OF THE BIDDERTECHNO-COMMERCIAL EXPERIENCE OF THE BIDDER

For GMU No…… at Pf No - …. / ……… Station of …… category.For GMU No…… at Pf No - …. / ……… Station of …… category.1.The form below should be filled by bidder along with all supporting documents as stipulated in the 1.The form below should be filled by bidder along with all supporting documents as stipulated in the

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relevant rows. relevant rows.

Sl. Sl. No.No. Techno-Commercial CriteriaTechno-Commercial Criteria Details Details (To be filled by the (To be filled by the

Bidder)Bidder)

SupportingSupporting document document kept at kept at page nopage no..

1.1. Year of Incorporation of the BusinessYear of Incorporation of the Business (as determined from attached copy of(as determined from attached copy of Certificate of Incorporation/ Partnership DeedCertificate of Incorporation/ Partnership Deed or any other document like attested copy ofor any other document like attested copy of Income Tax returns etc.)Income Tax returns etc.)

2.2. Highest Annual Turnover of the bidder fromHighest Annual Turnover of the bidder from catering business in the preceding 3 financialcatering business in the preceding 3 financial years (with respect to all Railway / Airport/ Busyears (with respect to all Railway / Airport/ Bus Station / Industrial / Institutional Canteens /Station / Industrial / Institutional Canteens / Mess)Mess)Please fill this information as calculated inPlease fill this information as calculated in the format below at Form-Tech 1the format below at Form-Tech 1

3.3. Average Financial Standing of the Bidder in theAverage Financial Standing of the Bidder in the preceding three financial years.preceding three financial years.Please fill this information as calculated in Please fill this information as calculated in the format below at Form -Tech 2the format below at Form -Tech 2

NoteNote::1.1. Railway will evaluate and award Techno-Commercial score to all eligible bids based on evaluationRailway will evaluate and award Techno-Commercial score to all eligible bids based on evaluation

criteria indicted at Annexure A/4 and Annexure- A/5.criteria indicted at Annexure A/4 and Annexure- A/5.2.2. Bids with alteration/cutting/non-compliance of formats or Incomplete in any respect/shall be liable toBids with alteration/cutting/non-compliance of formats or Incomplete in any respect/shall be liable to

be rejectedbe rejected..

I/We _______________________________________________do hereby declare that the entries made inI/We _______________________________________________do hereby declare that the entries made in the above "Annexure-A/4" are true to the best of my/our knowledge and also that we shall be found by thethe above "Annexure-A/4" are true to the best of my/our knowledge and also that we shall be found by the acts of my/our duly constituted attorney.acts of my/our duly constituted attorney.I/We further understand that in case of any information submitted by me/us being found to be incorrectI/We further understand that in case of any information submitted by me/us being found to be incorrect either before or even after the award of License, Railway will have the right to summarily reject the bid,either before or even after the award of License, Railway will have the right to summarily reject the bid, cancel the License or revoke the same at cancel the License or revoke the same at anytimeanytime without assigning any reason whatsoever. without assigning any reason whatsoever. __________________________________(Signature of the Bidder with date) (Signature of the Bidder with date) SEAL SEALName: …………………….Name: …………………….Address:…………………Address:…………………

Form Tech-1:Form Tech-1:Turnover of the bidder from catering business in the preceding 3 financial years.Turnover of the bidder from catering business in the preceding 3 financial years.

1. 1. The form below should be filled by bidder along with all supporting documents as stipulated in theThe form below should be filled by bidder along with all supporting documents as stipulated in the relevant rows.relevant rows.

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2.2. Regarding previous experience in catering, supporting documents (like letter of experience, allotment,Regarding previous experience in catering, supporting documents (like letter of experience, allotment, and certificates of incorporation/partnership deed ( or) another document like attested copy of Incomeand certificates of incorporation/partnership deed ( or) another document like attested copy of Income Tax returns etc.) are to be enclosed. Tax returns etc.) are to be enclosed.

Provide details of annual revenues for each head, as applicable, for the last 3 financial yearsProvide details of annual revenues for each head, as applicable, for the last 3 financial years

2014-152014-15 2015-162015-16 2016-172016-17 AverageAverageList Train NumbersList Train Numbers1.1.2.2.3.3.List Static Unit Number and Station.List Static Unit Number and Station.1.1.2.2.3.3.Total Revenue (From Railway Total Revenue (From Railway Catering)Catering)

AA

Other CateringOther CateringInstitutional Clients/Mess/Canteens/Institutional Clients/Mess/Canteens/RestaurantRestaurantFranchised outletsFranchised outletsAirportsAirportsAny Other (Please specify)Any Other (Please specify)Total revenue (From other Total revenue (From other catering)catering)

BB

Grand TotalGrand Total C=A+BC=A+B

--------------------------------------------------------------(Bidder’s Signature and Date)(Bidder’s Signature and Date)Name of the authorized signatory:Name of the authorized signatory:Name of the Bidder: Name of the Bidder: Bidders Seal Bidders Seal

--------------------------------------------------------------------------------(Charted Accountant's Signature & Date)(Charted Accountant's Signature & Date)Name of the CA:Name of the CA: Charted Accountant's Seal Charted Accountant's SealCA Registration Number:CA Registration Number: CA'S Address: CA'S Address:CA'S Telephone/ Fax Number CA'S Telephone/ Fax Number

Form Tech - 2:Form Tech - 2:

Average Financial Standing of the Bidder in the preceding 3 financial years.Average Financial Standing of the Bidder in the preceding 3 financial years.

1.1. The form below should be filled by bidder along with all supporting documents as stipulated in theThe form below should be filled by bidder along with all supporting documents as stipulated in the relevant rows.relevant rows.

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Financial standing of the bidder the audited balance sheet as defined in the formula below.Financial standing of the bidder the audited balance sheet as defined in the formula below.Financial Standing at the end of the year = profit or loss for the year+ accumulated reserves + share capitalFinancial Standing at the end of the year = profit or loss for the year+ accumulated reserves + share capital

2014-152014-15 2015-162015-16 2016-172016-17Profit or (Loss) during the Profit or (Loss) during the year.year.

AA

Accumulated Reserves Accumulated Reserves and Surplusand Surplus

BB

Share CapitalShare Capital CCFinancial StandingFinancial Standing (=A+B+C))(=A+B+C))Total Financial StandingTotal Financial Standing Sum of 3 years.Sum of 3 years.Average Financial Average Financial StandingStanding = Total divided by 3= Total divided by 3

This form should be duly certified by Chartered Accountant.This form should be duly certified by Chartered Accountant.

--------------------------------------------------------------(Bidder's Signature and Date)(Bidder's Signature and Date)Name of the authorized signatory:Name of the authorized signatory:Name of the Bidder:Name of the Bidder: Bidder's SealBidder's Seal

--------------------------------------------------------------(Chartered Accountant's Signature & Date) (Chartered Accountant's Signature & Date) Name of the CA: Name of the CA: Chartered Accountant's Seal Chartered Accountant's SealCA Registration Numbers:CA Registration Numbers:CA's Address:CA's Address:CA's Telephone/FAX Number:CA's Telephone/FAX Number:

Annexure - A/5: Annexure - A/5: Self Declaration Form for Techno-Commercial ExperienceSelf Declaration Form for Techno-Commercial Experience

GMU No - …… at Pf No - …… / ………….. Station of ….. category.GMU No - …… at Pf No - …… / ………….. Station of ….. category.

Please Tick at the appropriate box: Please Tick at the appropriate box:S.NoS.No Technical CriteriaTechnical Criteria CriteriaCriteria ScoreScore TickTick

1.1.

Year of Incorporation of the Catering Business.Year of Incorporation of the Catering Business.(as determined from attached copy of(as determined from attached copy of CertificateCertificate of Incorporation/Partnership Deed orof Incorporation/Partnership Deed or any other document like attested copy of Incomeany other document like attested copy of Income Tax returns etc.)Tax returns etc.)

If experience of catering business, asIf experience of catering business, as determined form date of Incorporation isdetermined form date of Incorporation is6 years or more6 years or more 10104 years or more , but less than 6 years4 years or more , but less than 6 years 883 years or more , but less than 4 years3 years or more , but less than 4 years 55

Less than 3 yearsLess than 3 years NilNil

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2.2.

Average Annual Turnover of the bidder fromAverage Annual Turnover of the bidder from catering business in the preceding Three financialcatering business in the preceding Three financial years (with respect to all Railway / Airline /years (with respect to all Railway / Airline / Industrial / Institutional Canteens / Mess beingIndustrial / Institutional Canteens / Mess being operated ) operated ) Please fill this information as calculated in thePlease fill this information as calculated in the format below at Form Tech -1 format below at Form Tech -1 (Value of "C")(Value of "C")

If Average Turnover determined in FormIf Average Turnover determined in Form Tech-1, isTech-1, is

More than 5 times of the indicative LicenseMore than 5 times of the indicative License FeeFee 1010

More than 4 times but less than 5 times, ofMore than 4 times but less than 5 times, of the indicative License Feethe indicative License Fee 88

More than 3 times but less than 4 times, ofMore than 3 times but less than 4 times, of the indicative License Feethe indicative License Fee 55

Less than 3 time ,of the indicative LicenseLess than 3 time ,of the indicative License FeeFee NilNil

3.3. Average Financial Standing of the bidder in the Average Financial Standing of the bidder in the preceding Three financial years. Please fill this preceding Three financial years. Please fill this information as calculated in the format below at information as calculated in the format below at Form – Tech 2Form – Tech 2

If the average Financial Standing of theIf the average Financial Standing of the bidder as determined in Form Tech-2, isbidder as determined in Form Tech-2, isRs. 7 Lakh or MoreRs. 7 Lakh or More 1010Rs. 5 Lacs or more but less than Rs 7 lacsRs. 5 Lacs or more but less than Rs 7 lacs 88

Rs .3 Lacs or more but less than Rs 5 lacsRs .3 Lacs or more but less than Rs 5 lacs 55

Less than Rs. 3 Lac.Less than Rs. 3 Lac. NilNil

4.4.

Domicile of the bidder (as proof submitted by theDomicile of the bidder (as proof submitted by the bidders)bidders)

If the domicile of the bidder isIf the domicile of the bidder is

Within the municipal area or district of theWithin the municipal area or district of the stationstation

10 10

Outside District of the station but within theOutside District of the station but within the statestate

8 8

Outside State Outside State 5 5

Total = ________ Out of 40 pointsTotal = ________ Out of 40 points

I hereby certify that the information provided above is correct and true. Any misrepresentation or I hereby certify that the information provided above is correct and true. Any misrepresentation or falsification of facts will lead to disqualification of my/our bid.falsification of facts will lead to disqualification of my/our bid.

…………………………………….…………………………………….(Bidder’s Signature and Date)(Bidder’s Signature and Date)Name of the authorized signatory:Name of the authorized signatory:Name of the Bidder: Name of the Bidder: Bidders Seal Bidders Seal

Annexure-A/6 Annexure-A/6Power of Attorney for signing of BidPower of Attorney for signing of Bid

Know all men by these presents, We………………………………………. (name of the firm and address ofKnow all men by these presents, We………………………………………. (name of the firm and address of the registered office) do hereby irrevocably constitute, nominate, appoint and authorize Mr./Ms (name)the registered office) do hereby irrevocably constitute, nominate, appoint and authorize Mr./Ms (name)………………………………………….. son/daughter/wife of …………………………………….and presently………………………………………….. son/daughter/wife of …………………………………….and presently residing at ……………………, who is presently employed with us and holding the position ofresiding at ……………………, who is presently employed with us and holding the position of …………………………., as our true and lawful attorney (hereinafter referred to as the …………………………., as our true and lawful attorney (hereinafter referred to as the "Attorney""Attorney") to do in) to do in our name and on our behalf, all such acts deeds and things as are necessary or required in connection withour name and on our behalf, all such acts deeds and things as are necessary or required in connection with or incidental to submission of our bid for the award of the license for "or incidental to submission of our bid for the award of the license for " Provision of Catering Services onProvision of Catering Services on GMU No - ______ at Pf No - ___ / _________Station of _____ category"GMU No - ______ at Pf No - ___ / _________Station of _____ category" for which proposal are for which proposal are invited by Railway including but not limited to signing and submission of all Bids, bids and other documentsinvited by Railway including but not limited to signing and submission of all Bids, bids and other documents and writings participate in bidders and other conferences and providing information /responses to Railway,and writings participate in bidders and other conferences and providing information /responses to Railway,

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representing us in all matters before Railway, signing and execution of all contracts including the Licenserepresenting us in all matters before Railway, signing and execution of all contracts including the License Agreement and undertakings Consequent to acceptance of our Bid, and generally dealing with Railway inAgreement and undertakings Consequent to acceptance of our Bid, and generally dealing with Railway in all matters in connection with or relating to or arising out of our Bid for the award of License to us and / orall matters in connection with or relating to or arising out of our Bid for the award of License to us and / or till the entering into of the license Agreement With Railway.till the entering into of the license Agreement With Railway.AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and thingsAND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by thisdone or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powersPower of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us.hereby conferred shall and shall always be deemed to have been done by us.IN WITNESS WHEREOF WE,…………………………………………THE ABOVE NAMED PRINCIPAL IN WITNESS WHEREOF WE,…………………………………………THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ………… DAY OF....……………. 20…….HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ………… DAY OF....……………. 20…….

For …………………….. (Signature, name, designation and address) For …………………….. (Signature, name, designation and address)

Witnesses:Witnesses:

1.1.

2. 2.

(Notarised) (Notarised)

AcceptedAccepted

…………………………….. (Signature)…………………………….. (Signature)

(Name, Title and Address of the Attorney)(Name, Title and Address of the Attorney)

Notes:-Notes:-1.1. The mode of execution of the power of Attorney should be in accordance with the procedure, if anyThe mode of execution of the power of Attorney should be in accordance with the procedure, if any

laid down by the applicable law and the charter documents of the executants(s) and when it is solaid down by the applicable law and the charter documents of the executants(s) and when it is so required, the same should be under common seal affixed in accordance with the requiredrequired, the same should be under common seal affixed in accordance with the required procedure.procedure.

2.2. Wherever required, the Bidder should submit for verification the extract of the charter documentsWherever required, the Bidder should submit for verification the extract of the charter documents and documents such as a board or shareholders resolution / power of attorney in favour of theand documents such as a board or shareholders resolution / power of attorney in favour of the person executing this power or attorney for the delegation of power hereunder on behalf of theperson executing this power or attorney for the delegation of power hereunder on behalf of the Bidder.Bidder.

Annexure - A/7 Annexure - A/7Performance Bank Guarantee BondPerformance Bank Guarantee Bond

The President of India,The President of India,Through the Divisional Railway Manager (commercial)Through the Divisional Railway Manager (commercial)_____________Division._____________Division.……………….. Railway.……………….. Railway.

1.1. In consideration of the President of India (hereinafter called "Railway") having agreed to acceptIn consideration of the President of India (hereinafter called "Railway") having agreed to accept from ----------------------------------------(hereinafter called "the said Licensee/s),under the terms andfrom ----------------------------------------(hereinafter called "the said Licensee/s),under the terms and conditions of an Agreement/Acceptance letter dated ----------------made -------------conditions of an Agreement/Acceptance letter dated ----------------made -------------between------------------and------------------------(hereinafter called "the said License Agreement") thebetween------------------and------------------------(hereinafter called "the said License Agreement") the performance guarantee for the due fulfillment by the License/s of the terms and conditions in theperformance guarantee for the due fulfillment by the License/s of the terms and conditions in the said Agreement on production of Bank Guarantee for Rs. --------------------(Rs.said Agreement on production of Bank Guarantee for Rs. --------------------(Rs. --------------------------------only) We---------------------------------(indicate the name of the Bank--------------------------------only) We---------------------------------(indicate the name of the Bank hereinafter referred to as "the Bank") at the request of ----------------------------------------License/s dohereinafter referred to as "the Bank") at the request of ----------------------------------------License/s do

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hereby undertake to pay the Railway an amount not exceeding Rs.-----------------against any loss orhereby undertake to pay the Railway an amount not exceeding Rs.-----------------against any loss or damage caused to or suffered by or would be caused to or suffered by the Railway by reason ofdamage caused to or suffered by or would be caused to or suffered by the Railway by reason of any breach by the said Licensee(s) of any of the terms or conditions contained in the saidany breach by the said Licensee(s) of any of the terms or conditions contained in the said Agreement.Agreement.

2. 2. We --------------------(indicate the name of the Bank) do hereby undertake to pay the amounts dueWe --------------------(indicate the name of the Bank) do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on demand from the Railway statingand payable under this guarantee without any demur, merely on demand from the Railway stating that amount claimed is by way of loss or damage caused to or suffered by the Railway by reason ofthat amount claimed is by way of loss or damage caused to or suffered by the Railway by reason of breach by the said Licensee/s of any of the terms or conditions contained in the said agreement orbreach by the said Licensee/s of any of the terms or conditions contained in the said agreement or by reason of the Licensee/s failure to perform the Agreement, any such demand made on theby reason of the Licensee/s failure to perform the Agreement, any such demand made on the bank shall be conclusive as regards the amount due and payable to the Bank under this guarantee.bank shall be conclusive as regards the amount due and payable to the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceedingHowever, our liability under this guarantee shall be restricted to an amount not exceeding Rs.---------------------------------Rs.---------------------------------

3. 3. We undertake to pay to the Railway any money so demanded notwithstanding any dispute orWe undertake to pay to the Railway any money so demanded notwithstanding any dispute or disputes raised by the Licensee(s)/suppliers(s) in any suit or proceeding pending before any Courtdisputes raised by the Licensee(s)/suppliers(s) in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under this present being absolute and unequivocal. Theor Tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment therepayment so made by us under this bond shall be a valid discharge of our liability for payment there under and the Licensee(s)/suppliers (s) shall have no claim against us for making such payment.under and the Licensee(s)/suppliers (s) shall have no claim against us for making such payment.

4.4. We,------------------------- ( indicate the name of the Bank) further agree that the guarantee hereinWe,------------------------- ( indicate the name of the Bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for thecontained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement, including Maintenance/Warrantee period , and that it shallperformance of the said Agreement, including Maintenance/Warrantee period , and that it shall continue to be enforceable till the dues of the Railway under or by virtue of the said agreementcontinue to be enforceable till the dues of the Railway under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till Divisional Railwayhave been fully paid and its claims satisfied or discharged or till Divisional Railway Manager(comml.)/S. E. Railway/Chakradharpur Office Certifies that the terms and conditions of theManager(comml.)/S. E. Railway/Chakradharpur Office Certifies that the terms and conditions of the Agreement have been fully and properly carried out by the said Licensee(s) and accordinglyAgreement have been fully and properly carried out by the said Licensee(s) and accordingly discharged this guarantee, unless a demand or claim under this guarantee is made on us in writingdischarged this guarantee, unless a demand or claim under this guarantee is made on us in writing on or before the ------------------------------------(date of completion + 6 months ) we shall dischargedon or before the ------------------------------------(date of completion + 6 months ) we shall discharged from all liability under this guarantee thereafter.from all liability under this guarantee thereafter.

5. 5. We,------------------------- ( indicate the name of the Bank) further agree with the Railway that theWe,------------------------- ( indicate the name of the Bank) further agree with the Railway that the Railway shall have the fullest liberty without our consent and without affecting in any manner ourRailway shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said agreement or to extendobligations hereunder to vary any of the terms and conditions of the said agreement or to extend time of performance by the said Licensee(s) from time to time or to postpone from any time or fromtime of performance by the said Licensee(s) from time to time or to postpone from any time or from time to time any of the powers exercisable by the Railway against the said contract and to forebeartime to time any of the powers exercisable by the Railway against the said contract and to forebear or enforce any of the terms and conditions relating to the said agreement and we shall not beor enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to therelieved from our liability by reason of any such variation, or extension being granted to the Licensee/s or for any forbearance act or omission on the part of the Railway or indulgence by theLicensee/s or for any forbearance act or omission on the part of the Railway or indulgence by the Railway to the said Licensee(s) or such any matter or thing whatsoever which under the lawRailway to the said Licensee(s) or such any matter or thing whatsoever which under the law relating to sureties would but for this provision have effect so relieving us.relating to sureties would but for this provision have effect so relieving us.

6. 6. This Guarantee will not be discharged due to the change on the constitution of bank of Licensee(s)/This Guarantee will not be discharged due to the change on the constitution of bank of Licensee(s)/ Suppliers.Suppliers.

7. 7. We,…………………………….. (indicate the name of the Bank)undertake not to revoke thisWe,…………………………….. (indicate the name of the Bank)undertake not to revoke this guarantee during its currency except with the previous consent of the Railway in writing.guarantee during its currency except with the previous consent of the Railway in writing.

Date this……………………… day of …………………….. 20……..Date this……………………… day of …………………….. 20……..

For__________________ For__________________ (Indicate the name of Bank) (Indicate the name of Bank)Witness (With Signature, name & Address)Witness (With Signature, name & Address)

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1.1.

2.2.

Seal of the Bank Seal of the Bank

Witness 1.:Witness 1.:

Signature………………………….Signature………………………….Name:Name:Age:Age:Address:Address:

Witness 2.:Witness 2.:

Signature………………………….Signature………………………….Name:Name:Age:Age:Address:Address:

Annexure - A/8Annexure - A/8AffidavitAffidavit

(Self Declaration form to be submitted on Non-Judicial Stamp Paper of Rs.100)(Self Declaration form to be submitted on Non-Judicial Stamp Paper of Rs.100)

For General Minor Unit Number/Name ________ Pf No - ____ / _________________ of ______ For General Minor Unit Number/Name ________ Pf No - ____ / _________________ of ______ category.category.

1.1. I _______________________S/o ___________________ r/o____________________ solemnly I _______________________S/o ___________________ r/o____________________ solemnly

affirm and declare that:-affirm and declare that:-

(a)(a) I am SolventI am Solvent

(b)(b) There are no pending dues to Railways from me.There are no pending dues to Railways from me.

(c)(c) I have not been convicted in any criminal case, and there is/ are no case/ cases pending for I have not been convicted in any criminal case, and there is/ are no case/ cases pending for

criminal activity in any court of law.criminal activity in any court of law.

2.2. Further, I am aware that if any of the declarations made by me above being found to be Incorrect /Further, I am aware that if any of the declarations made by me above being found to be Incorrect /

false ,either before or after the award of license shall be treated as " Material Branch" and wouldfalse ,either before or after the award of license shall be treated as " Material Branch" and would

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result in rejection of the Bid or termination of the license, as the case may be , and will be debarredresult in rejection of the Bid or termination of the license, as the case may be , and will be debarred

/ blacklisted from participating in future allotment of catering units on any Zonal Railway / IRCTC./ blacklisted from participating in future allotment of catering units on any Zonal Railway / IRCTC.

__________________________________________________(Signature of the Bidder)(Signature of the Bidder)

Date:____________________Date:____________________

Name:Name:Address:Address:

To be attested by a notary public.To be attested by a notary public.

CHAPTER - 2CHAPTER - 2

PRICE BID-PRICE BID-

(Packet - B)(Packet - B)

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Annexure - B/1 Annexure - B/1PRICE BIDPRICE BID

Location: Location: Date : Date :

To To Senior Divisional Commercial Manager Senior Divisional Commercial Manager

S. E. Railway, Chakradharpur.S. E. Railway, Chakradharpur.

Sub: Sub: "Provision of Catering Services on General Minor Unit No- …… at "Provision of Catering Services on General Minor Unit No- …… at Pf No - …… / ……………..Station of ….. category.Pf No - …… / ……………..Station of ….. category.

Dear Sir,Dear Sir,

We the undersigned, offer to provide We the undersigned, offer to provide "Provision of Catering Services on General Minor Unit No- …… at PF"Provision of Catering Services on General Minor Unit No- …… at PF No - …… / ………………. Station of ……….. category "No - …… / ………………. Station of ……….. category " . In accordance with your Request For Proposal (RFP). In accordance with your Request For Proposal (RFP) Document and our Techno-Commercial Proposal.Document and our Techno-Commercial Proposal.1.1. I/We accept the terms and conditions mentioned in the Bid Document, which have been clearly understood byI/We accept the terms and conditions mentioned in the Bid Document, which have been clearly understood by

us.us.2.2. I/We have duly signed on each page of the Bid Document.I/We have duly signed on each page of the Bid Document.3.3. I/We abide by all the terms and conditions of master bid document.I/We abide by all the terms and conditions of master bid document.4.4. I/We further certify that we are ready to provide catering services within the timeframe I/We further certify that we are ready to provide catering services within the timeframe given by the Railway and as per the terms and conditions of the Bid Document and in given by the Railway and as per the terms and conditions of the Bid Document and in the agreement to be executed between the parties. the agreement to be executed between the parties.5.5. I/We understand that Railway reserves the right to reject, accept or consider any offer I/We understand that Railway reserves the right to reject, accept or consider any offer

without assigning any reason whatsoever. without assigning any reason whatsoever.6.6. The indicative License Fee payable per annum, for this GMU as determined by Railway is Rs.The indicative License Fee payable per annum, for this GMU as determined by Railway is Rs. . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . 7.7. I/We/ am / are aware that the License fee quoted hereunder does not include GST. I/We also understand thatI/We/ am / are aware that the License fee quoted hereunder does not include GST. I/We also understand that

I/We will pay GST on license fee @ 18% ( or as applicable) to Railway in addition to the following license feeI/We will pay GST on license fee @ 18% ( or as applicable) to Railway in addition to the following license fee quoted which will in turn be paid by Railway to the concerned Government Department.quoted which will in turn be paid by Railway to the concerned Government Department.

The annual license fee offered, payable in annually is in the table below:-The annual license fee offered, payable in annually is in the table below:- (In Indian Rupees only) (In Indian Rupees only)

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Amount in FiguresAmount in Figures (Rupees)(Rupees)

Amount in WordsAmount in Words (Rupees)(Rupees)

License fees payable to Railway per annum.(License fees payable to Railway per annum.( This license fee quoted is exclusive of GST This license fee quoted is exclusive of GST and all other applicable taxes) and all other applicable taxes)

Our Price Bid shall be binding upon us subject to the modifications resulting from negotiations, up to expiryOur Price Bid shall be binding upon us subject to the modifications resulting from negotiations, up to expiry of the validity period of the Bid Document.of the validity period of the Bid Document.

Yours Sincerely,Yours Sincerely,

Signature of Authorized Signatory:Signature of Authorized Signatory:

Name and Title of Signatory:Name and Title of Signatory:Name of Firm: . . . . . . . . . . . . Name of Firm: . . . . . . . . . . . . Address: . . . . . . . . . . . . . . . . . Address: . . . . . . . . . . . . . . . . .

1.1. In case of discrepancy in the amount quoted in figure and words, the amount written in words will be takenIn case of discrepancy in the amount quoted in figure and words, the amount written in words will be taken into consideration.into consideration.

2.2. Bids with overwriting, correction or insertion in the table above shall be liable to be rejected.Bids with overwriting, correction or insertion in the table above shall be liable to be rejected.

CHAPTER :- 3 : EVALUATION CRITERIACHAPTER :- 3 : EVALUATION CRITERIA

3.13.1 Opening and Evaluation of BidsOpening and Evaluation of Bids

3.1.13.1.1 Railway shall open the Bids at _____ hours on the Bid Due Date at the placeRailway shall open the Bids at _____ hours on the Bid Due Date at the place specified in Clause 2.4 of section A and in the presence of the Bidders whospecified in Clause 2.4 of section A and in the presence of the Bidders who choose to attend. However, Bid for which a notice of withdrawal has beenchoose to attend. However, Bid for which a notice of withdrawal has been submitted shall not be opened and shall be returned to the bidders unopened.submitted shall not be opened and shall be returned to the bidders unopened.

3.1.23.1.2 Railway will subsequently examine and evaluate the Bid along with requisiteRailway will subsequently examine and evaluate the Bid along with requisite documents in accordance with evaluation parameters comprising of Technodocuments in accordance with evaluation parameters comprising of Techno Commercial as well as financial yardsticks indicated hereunder.Commercial as well as financial yardsticks indicated hereunder.

3.1.33.1.3 To facilitate evaluation of Bids, Railway may at its sole discretion seekTo facilitate evaluation of Bids, Railway may at its sole discretion seek clarifications in writing from any Bidder regarding its Bid.clarifications in writing from any Bidder regarding its Bid.

3.23.2 Test of responsiveness Test of responsiveness

3.2.13.2.1 Prior to evaluation of Bids, Railway shall determine whether each Bid isPrior to evaluation of Bids, Railway shall determine whether each Bid is responsive to the Requirements of the Document. A Bid shall be consideredresponsive to the Requirements of the Document. A Bid shall be considered responsive only if :responsive only if :

( a) ( a) It is received as per formats at Chapter -1 (Packet-A) and Chapter -2 (Packet-It is received as per formats at Chapter -1 (Packet-A) and Chapter -2 (Packet-B) of Section-BB) of Section-B

(b) (b) It is received by the Bid due Date including any extension thereof.It is received by the Bid due Date including any extension thereof.

(c) (c) It is signed, sealed, bound together in hard cover, and marked as stipulated inIt is signed, sealed, bound together in hard cover, and marked as stipulated in Section A Para 2.2 and 2.3Section A Para 2.2 and 2.3

(d) (d) It is accompanied by the power of attorney as specified in Chapter-1 of sectionIt is accompanied by the power of attorney as specified in Chapter-1 of section

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B as the case may be;B as the case may be;

(e) (e) It contains all the information and documents (complete in all respects)It contains all the information and documents (complete in all respects) asas requested in this Document and/or Bidding Document (in the formats samerequested in this Document and/or Bidding Document (in the formats same as those specified);as those specified);

(f) (f) It contains an attested copy of the receipt for payment towards the cost of thisIt contains an attested copy of the receipt for payment towards the cost of this Document to Railway;Document to Railway;

(g) (g) It is accompanied by the receipt of Earnest Money of appropriate amount in theIt is accompanied by the receipt of Earnest Money of appropriate amount in the form of Bank Draft drawn on any Scheduled Bank in India.form of Bank Draft drawn on any Scheduled Bank in India.

(h) (h) It does not contain any condition or qualification; and It does not contain any condition or qualification; and

3.2.23.2.2 Railway reserves the right to reject any Bid which is non – responsive and noRailway reserves the right to reject any Bid which is non – responsive and no request for alteration, modification, substitution or withdrawal shall be entertainedrequest for alteration, modification, substitution or withdrawal shall be entertained by Railway in respect of such Bid.by Railway in respect of such Bid.

3.33.3 EvaluationEvaluation

Such bids which clear the Such bids which clear the 'test of responsiveness''test of responsiveness' at Para 3.2 above, will be at Para 3.2 above, will be called "called "responsive bidsresponsive bids" and only responsive bids shall be considered for" and only responsive bids shall be considered for evaluation. Evaluation of Bids shall be done by Railway through a committeeevaluation. Evaluation of Bids shall be done by Railway through a committee comprising of members as per the delegation of powers decided by Railway. Nocomprising of members as per the delegation of powers decided by Railway. No Bidder shall have the right to challenge the decision of the committee.Bidder shall have the right to challenge the decision of the committee.

3.4 3.4 Contacts during Bid Evaluation:Contacts during Bid Evaluation:

Bid shall be deemed to be under consideration immediately after they areBid shall be deemed to be under consideration immediately after they are opened and until such time Railway makes official intimation of award/ rejectionopened and until such time Railway makes official intimation of award/ rejection to the bidders. While the Bids are under consideration, Bidders and/or theirto the bidders. While the Bids are under consideration, Bidders and/or their representatives or other interested parties are advised to refrain from contactingrepresentatives or other interested parties are advised to refrain from contacting by any means, Railway and/or their employees / representatives on mattersby any means, Railway and/or their employees / representatives on matters related to the Bids under consideration. However, when Railway calls for anyrelated to the Bids under consideration. However, when Railway calls for any information / clarification, it should be supplied by the Bidder expeditiously failinginformation / clarification, it should be supplied by the Bidder expeditiously failing which his/her tender application shall be summarily rejected.which his/her tender application shall be summarily rejected.

3.53.5 Selection ProcessSelection Process

3.5.13.5.1 The responsive bids shall be evaluated in the following manner:The responsive bids shall be evaluated in the following manner:

a. Scrutiny of bids for Minimum Eligibility as per chapter 3 of section A. Sucha. Scrutiny of bids for Minimum Eligibility as per chapter 3 of section A. Such bids that meet with the eligibility criteria will be called "bids that meet with the eligibility criteria will be called "eligible bidseligible bids".".

b. The eligible bidders will be evaluated techno-commercially and awarded ab. The eligible bidders will be evaluated techno-commercially and awarded a Techno-commercial score to assess the capability of the eligible bidder(s) onTechno-commercial score to assess the capability of the eligible bidder(s) on the basis of scrutiny of information provided in Annexure –A/4 (Tech form 1the basis of scrutiny of information provided in Annexure –A/4 (Tech form 1 to Tech Form 3) and scoring scale at Annexure-A/5to Tech Form 3) and scoring scale at Annexure-A/5

c. The highest techno –commercial score (HTS) secured by any of bids will bec. The highest techno –commercial score (HTS) secured by any of bids will be the the basebase Techno –Commercial index.Techno –Commercial index.

d. All bids whose techno-commercial score is more d. All bids whose techno-commercial score is more than or equal to 50% ofthan or equal to 50% of HTSHTS will be "Techno-commercially qualified "for consideration of Railway will be "Techno-commercially qualified "for consideration of Railway Administration.Administration.

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e. Price bids will be opened for "techno-commercially qualified "bids only. Thee. Price bids will be opened for "techno-commercially qualified "bids only. The date, time and venue of opening of price bid will be intimated only to the"date, time and venue of opening of price bid will be intimated only to the" techno-commercially qualified bidders."techno-commercially qualified bidders."

f. f. Highest priced bid will be selected for award of contract.Highest priced bid will be selected for award of contract.

g. g. In the event of highest price being the same for more than one bid, bid withIn the event of highest price being the same for more than one bid, bid with higher techno-commercial score should be considered by award of contract.higher techno-commercial score should be considered by award of contract.

3.5.23.5.2 After selection, a Letter of Award (the After selection, a Letter of Award (the "LOA""LOA") shall be issued by Railway to the) shall be issued by Railway to the Selected Bidder and the Selected Bidder shall, within 7 days of the receipt ofSelected Bidder and the Selected Bidder shall, within 7 days of the receipt of the LOA, sign and return the duplicate copy of the LOA in thethe LOA, sign and return the duplicate copy of the LOA in the acknowledgement thereof. In the event the duplicate copy of the LOA dulyacknowledgement thereof. In the event the duplicate copy of the LOA duly signed by the Selected Bidder is not received by the stipulated date, Railwaysigned by the Selected Bidder is not received by the stipulated date, Railway may, unless it consents to extension of time for submission thereof, themay, unless it consents to extension of time for submission thereof, the Earnest Money of such Selected Bidder. Thereafter there shall be re-tendering.Earnest Money of such Selected Bidder. Thereafter there shall be re-tendering. It is clarified that in case the selected bidder refuses to accept the LOA, theIt is clarified that in case the selected bidder refuses to accept the LOA, the earnest money it will be forfeited and it will be debarred earnest money it will be forfeited and it will be debarred from participating infrom participating in the bidding process for all catering contracts over Indian Railways Includingthe bidding process for all catering contracts over Indian Railways Including IRCTC for a period of five (5) years. This is without prejudice to the rights ofIRCTC for a period of five (5) years. This is without prejudice to the rights of Railway administration under the law of contract.Railway administration under the law of contract.

3.5.33.5.3 After acknowledgement of the LOA as aforesaid by the selected bidder, it shallAfter acknowledgement of the LOA as aforesaid by the selected bidder, it shall execute the license agreement as per Master License Agreement at section –execute the license agreement as per Master License Agreement at section –D, with Railway within the period of 15 days of the receipt of the LOA. TheD, with Railway within the period of 15 days of the receipt of the LOA. The selected bidder shall not be entitled to seek any deviation in the licenseselected bidder shall not be entitled to seek any deviation in the license agreement. agreement.

3.5.43.5.4 The Licensee (selected bidder) shall be required to submit a security depositThe Licensee (selected bidder) shall be required to submit a security deposit as per article -5 of the Master License Agreement at section –D. as per article -5 of the Master License Agreement at section –D.

3.5.53.5.5 Railway will be provide space for erecting the stall. The license (selectedRailway will be provide space for erecting the stall. The license (selected Bidder) shall be required to fabricate the modular stall as per the specificationsBidder) shall be required to fabricate the modular stall as per the specifications design and material. authorized and approved by Railway and commencedesign and material. authorized and approved by Railway and commence business within 30 days of receipt of communication informing provision ofbusiness within 30 days of receipt of communication informing provision of space from Railway . The Commencement date of License will be the date ofspace from Railway . The Commencement date of License will be the date of erection or stall or 30 days from the date of receipt of communication informingerection or stall or 30 days from the date of receipt of communication informing provision of space from Railway , whichever is earlier.provision of space from Railway , whichever is earlier.

3.5.63.5.6 If the highest bidder (H1) withdraws or fails to take up or to start the contract,If the highest bidder (H1) withdraws or fails to take up or to start the contract, his/her earnest money shall be forfeited and, he/she shall be debarred byhis/her earnest money shall be forfeited and, he/she shall be debarred by Railway for further participation in all catering contracts over Indian RailwaysRailway for further participation in all catering contracts over Indian Railways including IRCTC for a period of Five (5) years.including IRCTC for a period of Five (5) years.

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Section CSection C

1.1. Special Condition of Contract – ISpecial Condition of Contract – I

2. Special Condition of Contract - II 2. Special Condition of Contract - II

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SPECIAL CONDITIONS OF CONTRACT - ISPECIAL CONDITIONS OF CONTRACT - I(Menu, Quantity and Rates for Janta meals)(Menu, Quantity and Rates for Janta meals)

TARIFF FOR Janta Meals STANDARD Breakfast , TEA /COFFEE ETCTARIFF FOR Janta Meals STANDARD Breakfast , TEA /COFFEE ETC

Sl. No.Sl. No. ItemItem Tariff (Rs)Tariff (Rs)As provided by Railway Board / Zonal RailwayAs provided by Railway Board / Zonal Railway

DETAILS OF MENUDETAILS OF MENUSl. No.Sl. No. ItemItem Tariff (Rs)Tariff (Rs)

As provided by Railway Board / Zonal RailwayAs provided by Railway Board / Zonal Railway

Items for Catering & VendingItems for Catering & VendingSl. No.Sl. No. ItemItem

As provided by Railway Board / Zonal RailwayAs provided by Railway Board / Zonal Railway

Note : Note : (a)(a) A – La- Carte Items to be sold at rates & weights as approved by Railway fromA – La- Carte Items to be sold at rates & weights as approved by Railway from

time to time. time to time.(b)(b) Railway may change the rates & weights of standard items from time to timeRailway may change the rates & weights of standard items from time to time

and the license shall abide by the changes.and the license shall abide by the changes.

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SPECIAL CONDITION OF CONTRACT – IISPECIAL CONDITION OF CONTRACT – II(HYGIENE AND QUALITY PARAMETERS FOR STATIC CATERING STALLS ON PLATFORMS)(HYGIENE AND QUALITY PARAMETERS FOR STATIC CATERING STALLS ON PLATFORMS)Hygiene and Quality Parameters for Kitchen, Food Handling, Cleanliness, PackagingHygiene and Quality Parameters for Kitchen, Food Handling, Cleanliness, PackagingThe manual on quality for food and personal hygiene will define good hygiene practices to be followed in the baseThe manual on quality for food and personal hygiene will define good hygiene practices to be followed in the base kitchens, refreshment rooms, food Plazas, food handling in mobiles and catering services, at stations. All personnel shouldkitchens, refreshment rooms, food Plazas, food handling in mobiles and catering services, at stations. All personnel should be aware of their food and personal hygiene responsibilities, and must have adequate training to maintain the highestbe aware of their food and personal hygiene responsibilities, and must have adequate training to maintain the highest standard of food and personal hygiene. Hazard Analysis Critical Control Point, HACCP, is a food handling and operationstandard of food and personal hygiene. Hazard Analysis Critical Control Point, HACCP, is a food handling and operation approach which promotes food safety by Identifying food hazards and applying and monitoring necessary controlapproach which promotes food safety by Identifying food hazards and applying and monitoring necessary control measures at points critical to safety. The HACCP approach is being actively encouraged for ensuring food hygiene. It ismeasures at points critical to safety. The HACCP approach is being actively encouraged for ensuring food hygiene. It is necessary to maintain high level of cleanliness with the food premises (where food is stored, prepared and processed) andnecessary to maintain high level of cleanliness with the food premises (where food is stored, prepared and processed) and to ensure that prepared and raw food is kept separate. The Licensee is expected to follow the above mentionedto ensure that prepared and raw food is kept separate. The Licensee is expected to follow the above mentioned approaches.approaches.

In particular, Licensee has to ensure full care for the following:-In particular, Licensee has to ensure full care for the following:-1.1. Food should be placed 18 inches above the ground, in an area free from contaminationFood should be placed 18 inches above the ground, in an area free from contamination2.2. All food contact surfaces should be cleaned and sanitized after every use. All food contact surfaces should be cleaned and sanitized after every use. 3.3. Remove all waste materials deposited on the grates and shelves.Remove all waste materials deposited on the grates and shelves.4.4. No smoking or pan or tobacco chewing should be allowed in the premisesNo smoking or pan or tobacco chewing should be allowed in the premises5.5. No cobwebs of dust should gather on walls, windows, doors, rooftops and skylightsNo cobwebs of dust should gather on walls, windows, doors, rooftops and skylights6.6. Maintain Weekly schedule for through cleaning.Maintain Weekly schedule for through cleaning.7.7. Leftover food items should be condemned.Leftover food items should be condemned..8..8. Step will be taken to ensure that cross- contamination does not occur during delivery, stock rotation and storage.Step will be taken to ensure that cross- contamination does not occur during delivery, stock rotation and storage.9..9.. Correctly place and use refrigerator/deep freeze.Correctly place and use refrigerator/deep freeze.10.10. Proper packing of foods with packaging grade materialsProper packing of foods with packaging grade materials11.11. Only potable water should will be used for drinking , food preparation , drink dispensers and ice making whereverOnly potable water should will be used for drinking , food preparation , drink dispensers and ice making wherever

necessary water will be filtered and treated on site to ensure all water for these uses is potable.necessary water will be filtered and treated on site to ensure all water for these uses is potable.12.12. Food preparation equipment and utensils should be cleaned immediately after use.Food preparation equipment and utensils should be cleaned immediately after use.13.13. All staff handling food will wear suitable clean protective clothing/uniformAll staff handling food will wear suitable clean protective clothing/uniform14.14. Protective headgear will be worn to ensure hair and dandruff do not contaminate food or surfaces.Protective headgear will be worn to ensure hair and dandruff do not contaminate food or surfaces.15.15. Annual medical examination of all staff has to be ensured and a fitness certificate issued.Annual medical examination of all staff has to be ensured and a fitness certificate issued.16.16. Skin lesions, boils, rashes, cuts and discharge from any site are hazardous and can contaminate food with food Skin lesions, boils, rashes, cuts and discharge from any site are hazardous and can contaminate food with food

poisoning bacteria. Such staff members should be excused from food handling till cured.poisoning bacteria. Such staff members should be excused from food handling till cured.17.17. Scrupulous personal cleanliness is essential to clean food handling and the highest standard must be achieved Scrupulous personal cleanliness is essential to clean food handling and the highest standard must be achieved

and maintained at all times by those responsible for food storage , preparation , cooking and services.and maintained at all times by those responsible for food storage , preparation , cooking and services.18.18. Food should be touched by hand only when there is no alternative and hand cleanliness is the basic rule ofFood should be touched by hand only when there is no alternative and hand cleanliness is the basic rule of

hygiene.hygiene.19.19. Nails must be kept short and scrupulously clean and not bittenNails must be kept short and scrupulously clean and not bitten.. Nail varnish is not permitted Nail varnish is not permitted20.20. Skin cleanliness is essential. Therefore a daily bath or shower is recommendedSkin cleanliness is essential. Therefore a daily bath or shower is recommended21.21. Feet should be covered with suitable footwearFeet should be covered with suitable footwear22.22. Food or drink should not be consumed while working in food handling areas.Food or drink should not be consumed while working in food handling areas.23.23. Use adequate number of bins for garbage collection. Segregation of waste should be done as bio-degradableUse adequate number of bins for garbage collection. Segregation of waste should be done as bio-degradable

and bio non-degradable.and bio non-degradable.24.24. Place bio-degradable bags in garbage bins for easy disposal and proper handling. Place bio-degradable bags in garbage bins for easy disposal and proper handling. 25.25. All Garbage bins must be labeled and cleaned and sanitized regularly. Garbage must be disposed off suitably atAll Garbage bins must be labeled and cleaned and sanitized regularly. Garbage must be disposed off suitably at

the designated location outside the station/ maintenance area.the designated location outside the station/ maintenance area.26.26. External audit will be undertaken periodically by an independent agency/ Railway, and items recorded forExternal audit will be undertaken periodically by an independent agency/ Railway, and items recorded for

compliance.compliance.27.27. There should be no cooking on the General Minor Unit (Tea Stall), except for items which could be preparedThere should be no cooking on the General Minor Unit (Tea Stall), except for items which could be prepared

through electrically operated equipments only.through electrically operated equipments only.

AND/ORAND/OR Any other special conditions may be formulated by the Zonal Railway, If required , within the ambit of Any other special conditions may be formulated by the Zonal Railway, If required , within the ambit of catering Policy and new rule / Act which may become enforceable by only Local/State/Central Govt. The special catering Policy and new rule / Act which may become enforceable by only Local/State/Central Govt. The special conditions will be notified before the issue of bid noticeconditions will be notified before the issue of bid notice ..

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S E C T I O N - D

Master License Agreement

S E C T I O N - D

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MASTER LICENSE AGREEMENT

Between

S. E. Railway

And

THE LICENSEE

Date:…………….

MASTERMASTER LICENSE AGREEMENT LICENSE AGREEMENTThis Master License Agreement (the "Agreement"), is executed at ………………. on this day .........This Master License Agreement (the "Agreement"), is executed at ………………. on this day ......... of ……………20……..of ……………20……..

BETWEEN BETWEENThe President of India,The President of India, acting through the Divisional Railway Manager ( acting through the Divisional Railway Manager ( Commercial)/S.E.Railway/Chakradharpur, (hereinafter referred to as Commercial)/S.E.Railway/Chakradharpur, (hereinafter referred to as "Railway""Railway" which expression shall, which expression shall, unless repugnant to the meaning or context thereof, be deemed to mean and include the successors,unless repugnant to the meaning or context thereof, be deemed to mean and include the successors, permitted assigns) as party of the First part;permitted assigns) as party of the First part;

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AND AND………………………………………………… a company incorporated under the laws of………and having its………………………………………………… a company incorporated under the laws of………and having its registered office at……………………. (hereinafter referred to as registered office at……………………. (hereinafter referred to as "Licensee" "Licensee" which expression shall, unlesswhich expression shall, unless repugnant to the meaning or context thereof, be deemed to mean and include its such defined affiliates asrepugnant to the meaning or context thereof, be deemed to mean and include its such defined affiliates as set forth herein this Agreement, successors, permitted assigns and affiliates of Licensee) as party of theset forth herein this Agreement, successors, permitted assigns and affiliates of Licensee) as party of the Other part. Other part.

"Railway and "Licensee" shall hereinafter be collectively referred to as "Railway and "Licensee" shall hereinafter be collectively referred to as 'Parties'.'Parties'.WHERE AS:WHERE AS:

A.A. Railway has mandated under the Catering Policy 2017 Railway has mandated under the Catering Policy 2017 ("Policy") ("Policy") to improve, inter-alia, the qualityto improve, inter-alia, the quality of Catering services for providing food and beverage services to passengers.of Catering services for providing food and beverage services to passengers.

B.B. The Licensee, inter-alia, is currently engaged in the business of Catering Services.The Licensee, inter-alia, is currently engaged in the business of Catering Services.

C.C. Railway, pursuant to Bid Number ………………………………………………. dated ………………Railway, pursuant to Bid Number ………………………………………………. dated ……………… floated a Bid for the license for floated a Bid for the license for "Provision of Catering Services at General Minor Unit (GMU)"Provision of Catering Services at General Minor Unit (GMU) No-……. At …… Station for ___________________________Stall"No-……. At …… Station for ___________________________Stall"

D.D. On the basis of the evaluation of the various bids received by Railway, including the Bid responseOn the basis of the evaluation of the various bids received by Railway, including the Bid response by the Licensee, Railway has confirmed to the Licensee that it is established as the 'Selectedby the Licensee, Railway has confirmed to the Licensee that it is established as the 'Selected Bidder' on the basis of the Commercial and technical evaluation;Bidder' on the basis of the Commercial and technical evaluation;

E.E. In terms of the Bid, the submissions of the Licensee and such other subsequent discussionsIn terms of the Bid, the submissions of the Licensee and such other subsequent discussions between the Parties, the Parties hereby agree to confirm the license arrangement on such termsbetween the Parties, the Parties hereby agree to confirm the license arrangement on such terms and conditions as set forth herein, after regarding the requirements of the Bid as the sacrosanctand conditions as set forth herein, after regarding the requirements of the Bid as the sacrosanct basis for the arrangement.basis for the arrangement.

NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS ANDNOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND UNDERSTANDINGS HEREIN SHARED BETWEEN THE PARTIES, THE PARTIES, HEREBYUNDERSTANDINGS HEREIN SHARED BETWEEN THE PARTIES, THE PARTIES, HEREBY AGREE AS FOLLOWSAGREE AS FOLLOWS::

ARTICLE 1 SCOPE OF THE ARRANGEMENTARTICLE 1 SCOPE OF THE ARRANGEMENT1.11.1 The parties agree that the scope of services shall be principally to operate, manage and supplyThe parties agree that the scope of services shall be principally to operate, manage and supply

catering services on the GMU from the commencement date of operations Railway Provide spacecatering services on the GMU from the commencement date of operations Railway Provide space for erecting the stall . The commencement date of license will be the date of commencement offor erecting the stall . The commencement date of license will be the date of commencement of sale S after erection of stall, or 30 days from the date of receipt of communication informingsale S after erection of stall, or 30 days from the date of receipt of communication informing provision of space from Railway , whichever is earlier.provision of space from Railway , whichever is earlier.

1.21.2 This Agreement confirms and establishes that the scope of the arrangement between the partiesThis Agreement confirms and establishes that the scope of the arrangement between the parties shall be governed by the provisions of shall be governed by the provisions of Annexure I Annexure I (Scope of services to be rendered by the(Scope of services to be rendered by the licensee). licensee).

1.31.3 It is agreed by the Licensee that the norms with regards catering charges payable to License forIt is agreed by the Licensee that the norms with regards catering charges payable to License for providing catering services on the GMU are also subject to the predetermined prices as set forth inproviding catering services on the GMU are also subject to the predetermined prices as set forth in Annexure II Annexure II of this Agreement. The Licensee also hereby confirms and acknowledges thatof this Agreement. The Licensee also hereby confirms and acknowledges that Railway shall have the absolute right and discretion to change and modify the prices set forth inRailway shall have the absolute right and discretion to change and modify the prices set forth in Annexure II Annexure II without any need for prior discussion with the Licensee and the decision of Railwaywithout any need for prior discussion with the Licensee and the decision of Railway shall be strictly enforced by the Licensee during the Terms of this Agreement.shall be strictly enforced by the Licensee during the Terms of this Agreement.

ARTICLE 2 COMMENCEMENT OF OPERATION UNDER THE LICENSEARTICLE 2 COMMENCEMENT OF OPERATION UNDER THE LICENSE2.12.1 Pursuant to the scope of services to be provided by the Licensee, the parties agree that the planPursuant to the scope of services to be provided by the Licensee, the parties agree that the plan

for the commencement of operations shall be undertaken by the parties. It shall be the duty and thefor the commencement of operations shall be undertaken by the parties. It shall be the duty and the exclusive obligation of the Licensee to propose the plan for commencement of operations whichexclusive obligation of the Licensee to propose the plan for commencement of operations which shall be subject to the approval by Railway. Any changes suggested by Railway in the proposedshall be subject to the approval by Railway. Any changes suggested by Railway in the proposed plan shall be also duly implemented by the Licensee prior to commencement of operations.plan shall be also duly implemented by the Licensee prior to commencement of operations.

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However , the Licensee shall commence operation as laid down in Article 1.1 of this licenseHowever , the Licensee shall commence operation as laid down in Article 1.1 of this license agreement.agreement.

2.22.2 The Licensee hereby undertakes that Licensee shall be bound to comply with all submissions,The Licensee hereby undertakes that Licensee shall be bound to comply with all submissions, commitments & representations made in response to the Bid unless agreed otherwise in thiscommitments & representations made in response to the Bid unless agreed otherwise in this Agreement. Agreement.

ARTICLE 3 TENURE OF THE AGREEMENTARTICLE 3 TENURE OF THE AGREEMENT3.13.1 The Tenure of the Agreement will commence on the Commencement Date ,as provided in ArticleThe Tenure of the Agreement will commence on the Commencement Date ,as provided in Article

1.1 , as Five (5) years only and to the provisions of article 9 and Article 17 herein below , if not1.1 , as Five (5) years only and to the provisions of article 9 and Article 17 herein below , if not terminated.terminated.

3.23.2 There will be no extension / renewal.There will be no extension / renewal.

ARTICLE 4 FINANCIAL TERMS AND CONDITIONSARTICLE 4 FINANCIAL TERMS AND CONDITIONS4.14.1 Collection of Revenue by the Licensee Collection of Revenue by the Licensee The licensee is authorized to collect revenues (inclusive of tax) on issue of invoice directly from the The licensee is authorized to collect revenues (inclusive of tax) on issue of invoice directly from the

passengers in consideration of having rendered catering services on the GMU . The Licensee shallpassengers in consideration of having rendered catering services on the GMU . The Licensee shall also ensure computerized billing for all the items sold in the unit and the licensee shall provide thealso ensure computerized billing for all the items sold in the unit and the licensee shall provide the facility for cashless transaction S viz. POs/ Swipe machine , BHIM, Mobile Wallets Bharat QRfacility for cashless transaction S viz. POs/ Swipe machine , BHIM, Mobile Wallets Bharat QR code, any new schemes / tools instruments introduced by Government of India or Ministry ofcode, any new schemes / tools instruments introduced by Government of India or Ministry of Railway for promoting cashless transaction etc. Compulsorily available in the unit.Railway for promoting cashless transaction etc. Compulsorily available in the unit.

4.24.2 License FeeLicense Fee(a)(a) The License Fee, for the entire duration of License is The License Fee, for the entire duration of License is Rs. ( * ) (Rupees Rs. ( * ) (Rupees

( * ) only) ( * ) only) (hereinafter "License Fee).The annual breakup of the License Fee Will be as(hereinafter "License Fee).The annual breakup of the License Fee Will be as follows:follows:

First Year First Year Rs. (*) (Rupees (*) onlyRs. (*) (Rupees (*) only Second Year Second Year Rs. (*) (Rupees (*) onlyRs. (*) (Rupees (*) only Third Year Third Year Rs. (*) (Rupees (*) onlyRs. (*) (Rupees (*) only Fourth Year Fourth Year Rs. (*) (Rupees (*) onlyRs. (*) (Rupees (*) only Fifth Year Fifth Year Rs. (*) (Rupees (*) onlyRs. (*) (Rupees (*) only

(b)(b) In consideration of the provision of the services and the Bid submissions of the Licensee,In consideration of the provision of the services and the Bid submissions of the Licensee, the Licensee shall pay to Railway an agreed sum of Annual License Fee every year onthe Licensee shall pay to Railway an agreed sum of Annual License Fee every year on pro-rata basis for the entire duration of the license.pro-rata basis for the entire duration of the license.

(c)(c) The Annual License Fee shall be payable in advance for each year of the license, fifteenThe Annual License Fee shall be payable in advance for each year of the license, fifteen (15) days prior to the commencement of each year of the license.(15) days prior to the commencement of each year of the license.

(d)(d) The Licensee (Selected bidder) shall pay the annual license fee within 15 days on receiptThe Licensee (Selected bidder) shall pay the annual license fee within 15 days on receipt of LOA for the first year of license.of LOA for the first year of license.

(e)(e) In consideration of the award of the License to the licensee, the licensee shall be liable toIn consideration of the award of the License to the licensee, the licensee shall be liable to pay Annual License Fee. The License fee will be fixed for the first three years and in thepay Annual License Fee. The License fee will be fixed for the first three years and in the fourth year it will be enhanced by 10%.License fee for the fourth and fifth year will remainfourth year it will be enhanced by 10%.License fee for the fourth and fifth year will remain same. There will be no other increase in the License Fees during the tenure of contractsame. There will be no other increase in the License Fees during the tenure of contract (Including in case of revision in menu and tariff), other than this increase of 10% in the(Including in case of revision in menu and tariff), other than this increase of 10% in the fourth year.fourth year.

(f)(f) The License Fee payable to Railway by the Licensee shall be net of the deduction of tax atThe License Fee payable to Railway by the Licensee shall be net of the deduction of tax at source (TDS), if applicable, under the governing law from time to time during the tenure ofsource (TDS), if applicable, under the governing law from time to time during the tenure of the Agreement.the Agreement.

(g)(g) There will be no separate charges payable towards rent for building/land, vender's fee andThere will be no separate charges payable towards rent for building/land, vender's fee and conservancy charges etc., except electricity and water charges, which will be based onconservancy charges etc., except electricity and water charges, which will be based on actual consumption.actual consumption.

(h)(h) The licensee will be required to pay all the charges as per the contract agreement and allThe licensee will be required to pay all the charges as per the contract agreement and all statutory duties/charges/levies, etc.(including GST) would also be borne by the licensee asstatutory duties/charges/levies, etc.(including GST) would also be borne by the licensee as and when due or whenever any new tax is notified.and when due or whenever any new tax is notified.

4.34.3 Failure/Delay in deposit of License Fee Failure/Delay in deposit of License Fee

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Without prejudice to any other right that may be available to Railway in the Agreement orWithout prejudice to any other right that may be available to Railway in the Agreement or otherwise, any delay in payment of License Fee shall attract interest @ 10 % per annum,otherwise, any delay in payment of License Fee shall attract interest @ 10 % per annum, calculated for the number of days of default. Railway reserves the right to terminate the license, incalculated for the number of days of default. Railway reserves the right to terminate the license, in case the licensee fails to make payment within 90 (Ninety) days of due date. case the licensee fails to make payment within 90 (Ninety) days of due date.

4.44.4 Payment of Taxes Payment of Taxes The licensee is authorized to collect tax on issue of invoice directly from passengers inThe licensee is authorized to collect tax on issue of invoice directly from passengers in consideration of having rendered catering services, Licensee, thus, agrees that all taxes payableconsideration of having rendered catering services, Licensee, thus, agrees that all taxes payable on account of the grant of license including sales tax, etc. shall be borne by the Licenseeon account of the grant of license including sales tax, etc. shall be borne by the Licensee exclusively and that the Railway shall not be responsible towards the same at any time during theexclusively and that the Railway shall not be responsible towards the same at any time during the term. Furthermore, in the event that any new tax is imposed or an existing tax enhanced under aterm. Furthermore, in the event that any new tax is imposed or an existing tax enhanced under a governing law upon the services/ deliverables of the Licensee, then the licensee with be permittedgoverning law upon the services/ deliverables of the Licensee, then the licensee with be permitted to collect the new/ revised tax from the passengers; the liability of payment of Tax to theto collect the new/ revised tax from the passengers; the liability of payment of Tax to the Government agency shall be also borne by the Licensee exclusively. Government agency shall be also borne by the Licensee exclusively.

4.54.5 Mode of PaymentMode of PaymentAny payment payable by the Licensee to Railway under this Agreement shall be paid through theAny payment payable by the Licensee to Railway under this Agreement shall be paid through the Licensee's own account vide demand draft made in favour of (*) payable at (*). Licensee's own account vide demand draft made in favour of (*) payable at (*).

4.54.5 Recovery of outstanding duesRecovery of outstanding duesNotwithstanding anything contained in this Agreement, the Railway shall be at liberty to receive anyNotwithstanding anything contained in this Agreement, the Railway shall be at liberty to receive any payments/outstanding dues including penalties against the Licensee from the Security Depositpayments/outstanding dues including penalties against the Licensee from the Security Deposit provided by the Licensee after which Railway shall communicate to the Licensee of suchprovided by the Licensee after which Railway shall communicate to the Licensee of such deductions. In such an event, the Licensee shall be obligated to ensure that the Security Deposit isdeductions. In such an event, the Licensee shall be obligated to ensure that the Security Deposit is restored to its original value within seven (7) working days from such deduction failing which therestored to its original value within seven (7) working days from such deduction failing which the same shall be deemed as material breach by the Licensee and entitle the Railway to terminate thissame shall be deemed as material breach by the Licensee and entitle the Railway to terminate this Agreement.Agreement.

ARTICLE 5 SECURITY DEPOSIT ARTICLE 5 SECURITY DEPOSIT 5.15.1 As mentioned elsewhere in this Agreement, the Licensee shall furnish to Railway (in the mannerAs mentioned elsewhere in this Agreement, the Licensee shall furnish to Railway (in the manner

and form acceptable to Railway) a Security Deposit for an amount equal to 10% (Ten percent) ofand form acceptable to Railway) a Security Deposit for an amount equal to 10% (Ten percent) of the Total License Fee for the entire duration of the License, 15 (Fifteen) on receipt of LOA.the Total License Fee for the entire duration of the License, 15 (Fifteen) on receipt of LOA.

5.25.2 Security Deposit shall be paid in the form of Bank Draft/Performance Bank Guarantee (PBG)/CashSecurity Deposit shall be paid in the form of Bank Draft/Performance Bank Guarantee (PBG)/Cash (deposited with Divisional Chief Cashier of the Railway). The said BG shall be paid for in the(deposited with Divisional Chief Cashier of the Railway). The said BG shall be paid for in the manner as set forth in the Bid. The said PBG shall given in format provided at Chapter-1 of Sectionmanner as set forth in the Bid. The said PBG shall given in format provided at Chapter-1 of Section (B), valid for the Term of the Agreement and a period extending 6 months beyond the Term of the(B), valid for the Term of the Agreement and a period extending 6 months beyond the Term of the Agreement. Security Deposit will be returned after the contract has been completed successfully,Agreement. Security Deposit will be returned after the contract has been completed successfully, the unit has been vacated by the Licensee and handed over to Railway as per Para 6.25 of thethe unit has been vacated by the Licensee and handed over to Railway as per Para 6.25 of the Agreement , and there are no dues pending on the Licensee. Agreement , and there are no dues pending on the Licensee.

5.35.3 Notwithstanding anything mentioned in this Agreement, upon any default or breach of obligationsNotwithstanding anything mentioned in this Agreement, upon any default or breach of obligations by the Licensee under the Agreement, Railway may at its sole discretion draw upon the Securityby the Licensee under the Agreement, Railway may at its sole discretion draw upon the Security Deposit to satisfy its claims against the Licensee by imposition of Penalties or otherwise,Deposit to satisfy its claims against the Licensee by imposition of Penalties or otherwise, irrespective any other remedy under this Agreement. irrespective any other remedy under this Agreement.

ARTICLE 6 RIGHT AND OBLIGATION OF THE LICENSEE ARTICLE 6 RIGHT AND OBLIGATION OF THE LICENSEE 6.16.1 General General

(a)(a) The Licensee hereby agrees to fulfill all technical and commercial requirements set forth inThe Licensee hereby agrees to fulfill all technical and commercial requirements set forth in the Bid as well as all the commitments made in its response to the Bid. the Bid as well as all the commitments made in its response to the Bid.

(b)(b) Without prejudice to the aforesaid, it is represented by the Licensee that all services willWithout prejudice to the aforesaid, it is represented by the Licensee that all services will be performed in a professional manner by its personnel and that the said performance bybe performed in a professional manner by its personnel and that the said performance by Licensee shall be in accordance with the Licensee shall be in accordance with the 'Desired Performance Levels''Desired Performance Levels' as described in as described in Special Condition of Contract-II and as communicated by Railway from time to time. Special Condition of Contract-II and as communicated by Railway from time to time.

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(c)(c) The Licensee warrant that during the Term of this Agreement, the Licensee shall at allThe Licensee warrant that during the Term of this Agreement, the Licensee shall at all times be responsible for ensuring that the catering service at the GMU is undertaken withtimes be responsible for ensuring that the catering service at the GMU is undertaken with utmost care and diligence.utmost care and diligence.

(d)(d) The Licensee also hereby assures Railway of the quality, suitability and the warranties ofThe Licensee also hereby assures Railway of the quality, suitability and the warranties of all the food and related services under the Agreement, over and above the 'Desiredall the food and related services under the Agreement, over and above the 'Desired Performance Levels' assured to Railway. The Licensee represents and warrants that thePerformance Levels' assured to Railway. The Licensee represents and warrants that the principle liability for the quality, suitability and warranties for catering service shall be of theprinciple liability for the quality, suitability and warranties for catering service shall be of the Licensee and that all products will be in conformity with the requirements of the law as wellLicensee and that all products will be in conformity with the requirements of the law as well as those stipulated by Railway from time to time. The Licensee hereby covenants that noas those stipulated by Railway from time to time. The Licensee hereby covenants that no exception to the liability, guarantee & assurance of the Licensee shall apply with regard toexception to the liability, guarantee & assurance of the Licensee shall apply with regard to food and the services thereof. food and the services thereof.

6.26.2 Certificates/PermissionsCertificates/PermissionsThe Licensee shall obtain necessary certificates/permissions required by law such as food license,The Licensee shall obtain necessary certificates/permissions required by law such as food license, test reports for various food items, etc. or as required as per the local regulations from thetest reports for various food items, etc. or as required as per the local regulations from the competent authorities. In case of any offense or failure to obtain the necessarycompetent authorities. In case of any offense or failure to obtain the necessary certificates/permissions, the Licensee will be solely responsible for its penalty and consequences. certificates/permissions, the Licensee will be solely responsible for its penalty and consequences.

6.36.3 Display of menu and tariff, etc. Display of menu and tariff, etc. The Licensee shall exhibit menu, tariff and list of food items to be sold in the GMU (Tea Stall)The Licensee shall exhibit menu, tariff and list of food items to be sold in the GMU (Tea Stall) prominently as may be agreed upon from time to time by the Railway. The licensee shall alsoprominently as may be agreed upon from time to time by the Railway. The licensee shall also ensure that printed menu cards bearing the name of the concerned Railway should always beensure that printed menu cards bearing the name of the concerned Railway should always be available at the GMU and provided to the passengers on demand. The Licensee shall seek prioravailable at the GMU and provided to the passengers on demand. The Licensee shall seek prior approval of the Railway before printing of menu cards .There shall be compulsory and prominentapproval of the Railway before printing of menu cards .There shall be compulsory and prominent display arrangements of tariff in the unit.display arrangements of tariff in the unit.

6.46.4 Sale of items with the Railway prior approvalSale of items with the Railway prior approvalThe Licensee shall not sell items other than those approved by the Railway. If sale of unauthorizedThe Licensee shall not sell items other than those approved by the Railway. If sale of unauthorized items is detected in contravention to approved items, Railway may seize such items and theitems is detected in contravention to approved items, Railway may seize such items and the unauthorized seized items shall be disposed off as per policy of the Railway in addition to anyunauthorized seized items shall be disposed off as per policy of the Railway in addition to any penalty to be imposed for such contravention. penalty to be imposed for such contravention.

6.56.5 Right of user onlyRight of user onlyThe Licensee will only provide the catering services on the GMU and will have the right of userThe Licensee will only provide the catering services on the GMU and will have the right of user only on leave and license basis. The cost of construction /Fabrication of Stall will not be refundedonly on leave and license basis. The cost of construction /Fabrication of Stall will not be refunded at any time.at any time.

6.66.6 Compliance of Food Adulteration Act and other statutory laws.Compliance of Food Adulteration Act and other statutory laws. The Licensee shall be responsible for compliance with applicable laws such as food safety & The Licensee shall be responsible for compliance with applicable laws such as food safety & standard Act,2006 or any other amendments thereto. There shall be compulsory and prominent displaystandard Act,2006 or any other amendments thereto. There shall be compulsory and prominent display arrangements of FSSAI certification in the unit.arrangements of FSSAI certification in the unit.

(a)(a) The Licensee shall be responsible for compliance with applicable laws such as GSTThe Licensee shall be responsible for compliance with applicable laws such as GST provident fund , labour laws or any other applicable laws for the time being in force.provident fund , labour laws or any other applicable laws for the time being in force.

(b)(b) The Licensee shall submit a monthly list of staff employed by him / her to the RailwayThe Licensee shall submit a monthly list of staff employed by him / her to the Railway Administration and the list should also contain the details of Name of employees,AadhaarAdministration and the list should also contain the details of Name of employees,Aadhaar No. saving Bank Account number , EPFO Number, Group Insurance No. if any , PANNo. saving Bank Account number , EPFO Number, Group Insurance No. if any , PAN CARD No, Mobile No, ESIC No.CARD No, Mobile No, ESIC No.

(c)(c) The licensee shall provide the employee with a printed salary statement giving all details ofThe licensee shall provide the employee with a printed salary statement giving all details of salary along with deductions and net salary payable along with bank account number tosalary along with deductions and net salary payable along with bank account number to which salary has been credited.which salary has been credited.

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(d) (d) The employee of the licensee should have a valid Medical Certificate of fitness and policeThe employee of the licensee should have a valid Medical Certificate of fitness and police clearance certificate at all times.clearance certificate at all times.

(c)(c) Railway shall not be responsible for compliance of any laws applicable with respect toRailway shall not be responsible for compliance of any laws applicable with respect to carrying out the catering activity by the licensee relating to catering, tax, its employees orcarrying out the catering activity by the licensee relating to catering, tax, its employees or any other related matter. The licensee shall be solely responsible for following all the lawsany other related matter. The licensee shall be solely responsible for following all the laws applicable in this regard. In case of any harm to Railways, it shall be indemnified by theapplicable in this regard. In case of any harm to Railways, it shall be indemnified by the licensee. licensee.

6.76.7 Maintenance of proper hygiene, cleanliness, etc. Maintenance of proper hygiene, cleanliness, etc. The Licensee shall be responsible for ensuring the quality and quantity, maintaining proper hygieneThe Licensee shall be responsible for ensuring the quality and quantity, maintaining proper hygiene and cleanliness while handling raw materials, preparation packaging supply, service etc.and cleanliness while handling raw materials, preparation packaging supply, service etc. Food/meals in accordance with the parameters specified herein and in the Bid documents.Food/meals in accordance with the parameters specified herein and in the Bid documents. Licensee shall abide by the instructions issued by the Railway from time to time in this regard.Licensee shall abide by the instructions issued by the Railway from time to time in this regard.

6.86.8 Ceiling LimitsCeiling LimitsAt time of awarding and renewal of license, Railway shall ensure that the ceiling limits of number ofAt time of awarding and renewal of license, Railway shall ensure that the ceiling limits of number of stall as prescribed in the Catering Policy 2017, para 13 and as amended from time to time arestall as prescribed in the Catering Policy 2017, para 13 and as amended from time to time are complied with. The Licensee shall submit an affidavit declaring the details of the catering units heldcomplied with. The Licensee shall submit an affidavit declaring the details of the catering units held by him_in CKP division in the prescribed format at the time of bidding and also at the time ofby him_in CKP division in the prescribed format at the time of bidding and also at the time of renewal if awarded a license. It will be notified through Railway websites and also reconciled atrenewal if awarded a license. It will be notified through Railway websites and also reconciled at regular basis. The current ceiling limit is a maximum of 5 (five) units per division.regular basis. The current ceiling limit is a maximum of 5 (five) units per division.

6.96.9 No unlawful / illegal activityNo unlawful / illegal activityThe Licensee and/or its staff shall not carry on any unlawful, immoral or illegal activity in the GMUThe Licensee and/or its staff shall not carry on any unlawful, immoral or illegal activity in the GMU and/or at the station(s). It is clarified that if the Licensee suffers any loss or damage on account ofand/or at the station(s). It is clarified that if the Licensee suffers any loss or damage on account of the Licensee being restrained by the Railway or any other competent authority for indulging inthe Licensee being restrained by the Railway or any other competent authority for indulging in illegal activities or any contravention of any law, the Licensee shall not be entitled to anyillegal activities or any contravention of any law, the Licensee shall not be entitled to any compensation whatsoever. compensation whatsoever.

6.106.10 Provision of suggestion/complaint Book.Provision of suggestion/complaint Book.The Licensee shall keep a suggestion/complaint book at a conspicuous place here the passengersThe Licensee shall keep a suggestion/complaint book at a conspicuous place here the passengers can register their suggestions/complaints without any difficulty. This suggestion/complaints bookcan register their suggestions/complaints without any difficulty. This suggestion/complaints book shall be serially numbered and pre-authenticated by the Railway. shall be serially numbered and pre-authenticated by the Railway.

6.116.11 No use of plastic materialNo use of plastic materialThe Licensee shall, in rendering catering services, not use plastic material but ecoThe Licensee shall, in rendering catering services, not use plastic material but eco friendly/biodegradable packaging material for supply of food items; good quality paperfriendly/biodegradable packaging material for supply of food items; good quality paper glasses/paper cup for serving tea/coffee, etc.glasses/paper cup for serving tea/coffee, etc.

6.126.12 Collection of garbageCollection of garbageLicensee shall be, responsible for availability/provision of adequate number of garbage bins atLicensee shall be, responsible for availability/provision of adequate number of garbage bins at appropriate places. Licensee shall also ensure to place bio-degradable bags in garbage bins forappropriate places. Licensee shall also ensure to place bio-degradable bags in garbage bins for easy disposal and proper handling. These should be cleaned outside the production area.easy disposal and proper handling. These should be cleaned outside the production area. Licensee shall avoid use of metallic dustbins, which become rusted over a period of time.Licensee shall avoid use of metallic dustbins, which become rusted over a period of time. Segregation of waste should be done as bio-degradable and bio non-degradable. Licensee shallSegregation of waste should be done as bio-degradable and bio non-degradable. Licensee shall be responsible for disposing the garbage suitably at the designated location outside thebe responsible for disposing the garbage suitably at the designated location outside the station/maintenance area. All garbage bins must be labeled, cleaned and sanitized regularly. Allstation/maintenance area. All garbage bins must be labeled, cleaned and sanitized regularly. All instructions in regard to disposal of garbage issued by Health. Mechanical and Commercialinstructions in regard to disposal of garbage issued by Health. Mechanical and Commercial Directorate are to be adhered to by licensees. Directorate are to be adhered to by licensees.

6.136.13 Issue of proper bills, etc. Issue of proper bills, etc. The Licensee shall issue proper bill(s) receipt(s) against the sale of food items/ beverages to theThe Licensee shall issue proper bill(s) receipt(s) against the sale of food items/ beverages to the customers of the GMU. The licensee shall also ensure computerized billing for all the items sold incustomers of the GMU. The licensee shall also ensure computerized billing for all the items sold in

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the unit and the licensee shall provide the facility for cashless transaction viz , POS/Swipethe unit and the licensee shall provide the facility for cashless transaction viz , POS/Swipe machine, BHIM, Mobile Wallets etc. compulsory available in the unit.machine, BHIM, Mobile Wallets etc. compulsory available in the unit.

6.146.14 Cooking in the GMU Cooking in the GMU Except or otherwise provided in the bid document and / or this Agreement, the Licensee shallExcept or otherwise provided in the bid document and / or this Agreement, the Licensee shall not cook anything in the GMU.not cook anything in the GMU.

6.156.15 Ban on Sale Products Ban on Sale Products The Licensee shall not sell/distribute tobacco products, wine, beer or any other alcoholic drink orThe Licensee shall not sell/distribute tobacco products, wine, beer or any other alcoholic drink or any other item prohibited by law on the GMU. Further, the licensee shall not use beef/pork in anyany other item prohibited by law on the GMU. Further, the licensee shall not use beef/pork in any form in any food items served to customers form in any food items served to customers

6.166.16 Food Articles not to be kept on floor etc. Food Articles not to be kept on floor etc. (a) (a) The Licensee shall ensure that the catering staff shall not keep any food articles on the floor ofThe Licensee shall ensure that the catering staff shall not keep any food articles on the floor of

the GMU. The Licensee shall ensure that the catering staff shall not carry any food item in theirthe GMU. The Licensee shall ensure that the catering staff shall not carry any food item in their pocket/ card boxes/mineral water cartoons etc. and only container should be used for thesepocket/ card boxes/mineral water cartoons etc. and only container should be used for these purposes.purposes.

(b)(b) The licensee shall not stock any items outside the stall or on the platform, if found the items will beThe licensee shall not stock any items outside the stall or on the platform, if found the items will be seized and action will be taken accordingly.seized and action will be taken accordingly.

6.176.17 Presence of Licensee/Authorized Manager. Presence of Licensee/Authorized Manager. The Licensee or a duly authorized and competent Manager appointed and paid by the LicenseeThe Licensee or a duly authorized and competent Manager appointed and paid by the Licensee shall remain present in person to manage to supervise the business to be carried on under theshall remain present in person to manage to supervise the business to be carried on under the provisions of this agreement and to ensure that the obligations of Licensee under the Agreementprovisions of this agreement and to ensure that the obligations of Licensee under the Agreement are duly performed and observed. In addition, Licensee or a duly authorized and competentare duly performed and observed. In addition, Licensee or a duly authorized and competent Manager, appointed by the Licensee shall remain available at the location mutually decidedManager, appointed by the Licensee shall remain available at the location mutually decided between the parties for ease of administration of performance of License to the satisfaction of thebetween the parties for ease of administration of performance of License to the satisfaction of the Railway. The name(s) of the Manager will be advised by the Licensee to the Railway from time toRailway. The name(s) of the Manager will be advised by the Licensee to the Railway from time to time. time.

6.186.18 Staff Uniform, Identity cards, etc. Staff Uniform, Identity cards, etc. (a)(a) The Licensee shall provide distinctive uniforms for catering staff with their identity cards.The Licensee shall provide distinctive uniforms for catering staff with their identity cards.

The style and pattern of the uniform shall be as approved by the Zonal Railway / Division.The style and pattern of the uniform shall be as approved by the Zonal Railway / Division. Division shall approve the vending staff employed, the copy of such approval to beDivision shall approve the vending staff employed, the copy of such approval to be available in the stall at all points of time. available in the stall at all points of time.

(b)(b) The Licensee shall ensure that the catering staff at all times display the nameplate.The Licensee shall ensure that the catering staff at all times display the nameplate.

(c)(c) The Licensee shall ensure that the catering staff to be deployed at the GMU must be wellThe Licensee shall ensure that the catering staff to be deployed at the GMU must be well groomed. groomed.

6.196.19 Bonafide Staff of the Licensee. Bonafide Staff of the Licensee. (a)(a) The Licensee shall not permit anyone except the bonafide staff of the Licensee to staff theThe Licensee shall not permit anyone except the bonafide staff of the Licensee to staff the

GMU and ensure that the staff shall not carry any article of any description other thanGMU and ensure that the staff shall not carry any article of any description other than those required for the fulfillment of the obligations contained herein. those required for the fulfillment of the obligations contained herein.

(b)(b) The staff of the Licensee will carry valid authority and medical fitness certificate to beThe staff of the Licensee will carry valid authority and medical fitness certificate to be issued by a Register Medical Practitioner on the request of the Licensee to ensure theissued by a Register Medical Practitioner on the request of the Licensee to ensure the staff bandying preparation and service of food are not suffering infectious diseases. Thestaff bandying preparation and service of food are not suffering infectious diseases. The Licensee shall ensure that the identification card of the staff should be duly attested by theLicensee shall ensure that the identification card of the staff should be duly attested by the Railway. Railway.

6.206.20 Enquiry into the antecedent's of the Licensee's employees. Enquiry into the antecedent's of the Licensee's employees. The Licensee shall not in any capacity employ any person of bad character or any person, whoseThe Licensee shall not in any capacity employ any person of bad character or any person, whose antecedents have not been investigated/certified by the Police Authoritiesantecedents have not been investigated/certified by the Police Authorities MP/MLA/MLC/Councilor/Gram Panchayat Sarpanch/1MP/MLA/MLC/Councilor/Gram Panchayat Sarpanch/1stst Class Magistrate/ Gazetted Officer and Class Magistrate/ Gazetted Officer and shall issue an appointment certificate (signed by the Licensee) which shall contain a photograph ofshall issue an appointment certificate (signed by the Licensee) which shall contain a photograph of

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the employed with his or her left/right hand thumb impression affixed thereon in Printer's ink whichthe employed with his or her left/right hand thumb impression affixed thereon in Printer's ink which he will carry with him/her while on duty. The expenses for such verification are to be borne by thehe will carry with him/her while on duty. The expenses for such verification are to be borne by the Licensee. Licensee.

6.216.21 Provision of equipmentProvision of equipmentThe Licensee will arrange his own equipment for satisfactory provisions of services. The Licensee will arrange his own equipment for satisfactory provisions of services.

6.226.22 Provision of First Aid Box Provision of First Aid Box The Licensee shall provide and maintain First Aid BoxThe Licensee shall provide and maintain First Aid Box for rendering first aid to the catering staff infor rendering first aid to the catering staff in the GMU and shall provide training to the concerned catering supervisory staff from the medicalthe GMU and shall provide training to the concerned catering supervisory staff from the medical authorities. The Licensee shall ensure that requisite certificates in this regard should be availableauthorities. The Licensee shall ensure that requisite certificates in this regard should be available with the GMU Manager.with the GMU Manager.

6.236.23 Maintenance of Proper Records etc.Maintenance of Proper Records etc.The Licensee shall maintain proper and full records viz., accounts, vouchers, bills, tax, etc.The Licensee shall maintain proper and full records viz., accounts, vouchers, bills, tax, etc. pertaining to the GMU and make it available for inspection by the Railway to ascertain the Grosspertaining to the GMU and make it available for inspection by the Railway to ascertain the Gross Sales Turnover.Sales Turnover.

6.246.24 Damage to Railway PropertyDamage to Railway PropertyThe Licensee shall be responsible for any damage caused to Railway property provided arisingThe Licensee shall be responsible for any damage caused to Railway property provided arising due to the acts of omission or commission of the staff of the Licensee. due to the acts of omission or commission of the staff of the Licensee.

6.256.25 Handing over of GMU on expiration/termination of the AgreementHanding over of GMU on expiration/termination of the AgreementUpon expiration or termination of this agreement the Licensee shall immediately( with in 72 hours)Upon expiration or termination of this agreement the Licensee shall immediately( with in 72 hours) vacate the Stall and shall deliver the vacant possession of the Stall to the Railway along with thevacate the Stall and shall deliver the vacant possession of the Stall to the Railway along with the Railway fixtures and fittings therein in good condition. In default, the Railway shall be entitled toRailway fixtures and fittings therein in good condition. In default, the Railway shall be entitled to enter and take possession of the Stall and to lock up the same or remove the furniture or otherenter and take possession of the Stall and to lock up the same or remove the furniture or other articles of the Licensee that may be lying there and to dispose of the same by sale or otherwisearticles of the Licensee that may be lying there and to dispose of the same by sale or otherwise without being liable, for any damages, and all expenses incurred in connection therewith, shall bewithout being liable, for any damages, and all expenses incurred in connection therewith, shall be deducted by the Railway from the sale proceeds or from the Security Deposit or outstanding of thededucted by the Railway from the sale proceeds or from the Security Deposit or outstanding of the Licensee.Licensee.

6.266.26 InformationInformationThe Licensee shall furnish all information, record, etc. within ten (10) days as may be required byThe Licensee shall furnish all information, record, etc. within ten (10) days as may be required by the Railway from time to time, failing which the Railway reserves the right to impose suitablethe Railway from time to time, failing which the Railway reserves the right to impose suitable penalties on the Licensee including termination of the Agreement. penalties on the Licensee including termination of the Agreement.

6.276.27 Compliance of InstructionsCompliance of InstructionsThe Licensee shall comply with any other instructions issued by the Railway from time to time asThe Licensee shall comply with any other instructions issued by the Railway from time to time as may be necessary to ensure better services. may be necessary to ensure better services.

ARTICLE 7 RIGHTS AND OBLIGATION OF Railway ARTICLE 7 RIGHTS AND OBLIGATION OF Railway 7.17.1 GeneralGeneral

(a)(a) It is agreed by Railway that the principal obligation upon Railway towards the LicenseIt is agreed by Railway that the principal obligation upon Railway towards the License under the Agreement, shall be to render assistance (as mutually agreed by the parties) tounder the Agreement, shall be to render assistance (as mutually agreed by the parties) to the Licensee during the finalization of the plant for commencement of operations. the Licensee during the finalization of the plant for commencement of operations.

(b) (b) If the Licensee required any reasonable assistance from Railway in addition to assistanceIf the Licensee required any reasonable assistance from Railway in addition to assistance mutually agreed by the parties, then the same may be conveyed by the Licensee tomutually agreed by the parties, then the same may be conveyed by the Licensee to Railway which request shall not be unreasonably denied by Railway. Railway which request shall not be unreasonably denied by Railway.

(c)(c) The Railway shall issue authority to the Licensee and its staff for providing services on theThe Railway shall issue authority to the Licensee and its staff for providing services on the GMU. GMU.

7.27.2 Test/Inspection of food samples, etc. by the RailwayTest/Inspection of food samples, etc. by the Railway

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(a)(a) The Railway reserve the right to get the food samples/raw materials collected and tested atThe Railway reserve the right to get the food samples/raw materials collected and tested at approved laboratories at the cost of the Licensee.approved laboratories at the cost of the Licensee.

(b) (b) The Railway shall have the right to inspect/check the services provided by the Licensee forThe Railway shall have the right to inspect/check the services provided by the Licensee for reviewing its standards, quality and variety of food items, disposal systems, etc. at anyreviewing its standards, quality and variety of food items, disposal systems, etc. at any time and may authorize any person or agency for \this purpose to access the performancetime and may authorize any person or agency for \this purpose to access the performance of the Licensee. In case of unsatisfactory performance or complaint of any nature, theof the Licensee. In case of unsatisfactory performance or complaint of any nature, the Railway will be entitled to initiate the suitable action against the Licensee includingRailway will be entitled to initiate the suitable action against the Licensee including termination of the Agreement as per the terms and conditions of this Agreement. termination of the Agreement as per the terms and conditions of this Agreement.

7.37.3 Right to make substitute arrangement in the event of unsatisfactory services, etc. by theRight to make substitute arrangement in the event of unsatisfactory services, etc. by the Licensee.Licensee.(a)(a) In the event of unsatisfactory service, poor quality of articles, persistent complaints fromIn the event of unsatisfactory service, poor quality of articles, persistent complaints from

passengers and services below the desired performance level or any failure or default atpassengers and services below the desired performance level or any failure or default at any time on the part of the Licensee to carry out the terms and provisions of the agreementany time on the part of the Licensee to carry out the terms and provisions of the agreement to the satisfaction of the Railway (who will be sole judge and whose decision shall be final),to the satisfaction of the Railway (who will be sole judge and whose decision shall be final), then without prejudice to any other remedy that may be available to the Railway under thisthen without prejudice to any other remedy that may be available to the Railway under this agreement or otherwise, the Railway reserve the right to make any substitute arrangementagreement or otherwise, the Railway reserve the right to make any substitute arrangement in any manner, it may deem fit at the risk and cost of the Licensee.in any manner, it may deem fit at the risk and cost of the Licensee.

(b) (b) The Licensee agrees to make good all cost and expenses, if any incurred by the RailwayThe Licensee agrees to make good all cost and expenses, if any incurred by the Railway for making the substitute arrangements referred to above. for making the substitute arrangements referred to above.

7.47.4 Customer's feedback Customer's feedback The Railway shall be entitled to take independent user's feedback to know the level of passengerThe Railway shall be entitled to take independent user's feedback to know the level of passenger satisfaction to the Licensee's services.satisfaction to the Licensee's services.

7.57.5 Right to resume the possession of GMU.Right to resume the possession of GMU.Railway reserves the right to resume the possessions of the GMU, if required for the purpose ofRailway reserves the right to resume the possessions of the GMU, if required for the purpose of working of the Railway.working of the Railway.

ARTICLE 8 CHANGES IN MENU AND TARIFF ARTICLE 8 CHANGES IN MENU AND TARIFF 8.18.1 Railway reserves the rights to change catering tariff menu and for the GMU at any time after theRailway reserves the rights to change catering tariff menu and for the GMU at any time after the

award of the Licensee. In the event of any such change by the Railway, the Licensee shallaward of the Licensee. In the event of any such change by the Railway, the Licensee shall maintain the same quality and hygiene standards for preparation, supply and service of food/mealsmaintain the same quality and hygiene standards for preparation, supply and service of food/meals to passengers on the GMU as it were prior to such change.to passengers on the GMU as it were prior to such change.

8.28.2 The Licensee sell only the Railway approved PAD items, The weight and the rate of the PAD itemsThe Licensee sell only the Railway approved PAD items, The weight and the rate of the PAD items should not vary from that available in the open market.should not vary from that available in the open market.

ARTICLE 9 PERFORMANCE LEVEL GUARANTEE COMPLIANCEARTICLE 9 PERFORMANCE LEVEL GUARANTEE COMPLIANCE9.19.1 The Licensee hereby undertakes and represents that it shall adhere to the Scope of Work atThe Licensee hereby undertakes and represents that it shall adhere to the Scope of Work at

determined in Annexure-I and the 'Desired Performance Levels' as determined in the Annexure-IIIdetermined in Annexure-I and the 'Desired Performance Levels' as determined in the Annexure-III at all time during the Term of the Agreement.at all time during the Term of the Agreement.

9.29.2 The Licensee undertakes and agrees that in the event that the ' Desired Performance Levels' areThe Licensee undertakes and agrees that in the event that the ' Desired Performance Levels' are not complied with, then Railway has the right to impose service level penalties (Penalties) on thenot complied with, then Railway has the right to impose service level penalties (Penalties) on the Licensee as also set forth in Licensee as also set forth in Annexure-III. Annexure-III.

9.39.3 Without prejudice to the generality of the above Article 9.2, the Licensee hereby acknowledges andWithout prejudice to the generality of the above Article 9.2, the Licensee hereby acknowledges and agrees that the right for the imposition of Penalties by Railway is irrevocable and undisputed & thatagrees that the right for the imposition of Penalties by Railway is irrevocable and undisputed & that the Licensee shall not have any right whatsoever to pre-empt Railway from claiming Penaltiesthe Licensee shall not have any right whatsoever to pre-empt Railway from claiming Penalties automatically as and when there are performance level defaults by the Licensee.automatically as and when there are performance level defaults by the Licensee.

9.49.4 For purposes of monitoring & auditing the ' Performance levels', the parties agree that RailwayFor purposes of monitoring & auditing the ' Performance levels', the parties agree that Railway shall have the sole & exclusive right to audit, re-evaluate, independently monitor and assess theshall have the sole & exclusive right to audit, re-evaluate, independently monitor and assess the performance of the Licensee.performance of the Licensee.

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ARTICLE 10 THIRD PARTY CONTRACTORS AND PROHIBITIN OF SUB-LETTING ARTICLE 10 THIRD PARTY CONTRACTORS AND PROHIBITIN OF SUB-LETTING 10.110.1 The Licensee shall not sublet, transfer or assign this Agreement or any part thereof. However, theThe Licensee shall not sublet, transfer or assign this Agreement or any part thereof. However, the

Railway appreciate that for a license of this nature, the Licensee may have to take services ofRailway appreciate that for a license of this nature, the Licensee may have to take services of various suppliers of materials, goods etc. The licensee may appoint such third party contractors forvarious suppliers of materials, goods etc. The licensee may appoint such third party contractors for supply of goods and materials, whose details should be disclosed to the Railway. It is agreed bysupply of goods and materials, whose details should be disclosed to the Railway. It is agreed by the parties that no other appointment of third parties by the Licensee shall be permitted. the parties that no other appointment of third parties by the Licensee shall be permitted.

10.210.2 For the purposes of this Agreement, the prohibition of subletting, transfer or assignment shall beFor the purposes of this Agreement, the prohibition of subletting, transfer or assignment shall be deemed to include but not limited to the following.deemed to include but not limited to the following.

(a)(a) The Licensee shall not delegate or sub-delegate the performance of any of the services underThe Licensee shall not delegate or sub-delegate the performance of any of the services under the license except as permitted in this Agreement. the license except as permitted in this Agreement.

(b)(b) The Licensee shall not sublet, transfer, assign or allow any entity, personnel or corporation theThe Licensee shall not sublet, transfer, assign or allow any entity, personnel or corporation the benefits of this Agreement.benefits of this Agreement.

10.310.3 If third parties are appointed pursuant to Article 10.1 under this agreement, then the Licensee shall atIf third parties are appointed pursuant to Article 10.1 under this agreement, then the Licensee shall at all times remain principally liable towards the Railway and that there shall be no exception to theirall times remain principally liable towards the Railway and that there shall be no exception to their liability under this Agreement. The Licensee will also remain at the sole point of contract regardingliability under this Agreement. The Licensee will also remain at the sole point of contract regarding all the services during the Term of this Agreement.all the services during the Term of this Agreement.

10.410.4 If the Railway at any point of time expresses any concerns to the License regarding any third party sub-If the Railway at any point of time expresses any concerns to the License regarding any third party sub-contractor (appointed under Article 10.1), then the Licensee will comply with the requirements ofcontractor (appointed under Article 10.1), then the Licensee will comply with the requirements of the Railway forthwith; which may include the direction by the Railway to remove the said sub-the Railway forthwith; which may include the direction by the Railway to remove the said sub-contractor, etc.contractor, etc.

ARTICLE 11 PROPRIETARY RIGHTSARTICLE 11 PROPRIETARY RIGHTS11.111.1 For purposes of this Agreement, it is agreed by the parties that the respective proprietary rights of eachFor purposes of this Agreement, it is agreed by the parties that the respective proprietary rights of each

party at the time of execution of this Agreement shall remain as the sole and exclusive rights of thatparty at the time of execution of this Agreement shall remain as the sole and exclusive rights of that party.party.

11.211.2 If any property of either party is to be used by the other party for purposes of provision of servicesIf any property of either party is to be used by the other party for purposes of provision of services including, etc. under this Agreement, then the said party (owning the property) will grant a limitedincluding, etc. under this Agreement, then the said party (owning the property) will grant a limited right to use to the other party for the specific purpose and Term of this Agreement only. Theright to use to the other party for the specific purpose and Term of this Agreement only. The aforesaid license to use shall be restricted for the specific purpose and Term of this Agreementaforesaid license to use shall be restricted for the specific purpose and Term of this Agreement shall form part and basis of valid consideration for such purposes. shall form part and basis of valid consideration for such purposes.

ARTICLE 12 CONFIDENTIALITYARTICLE 12 CONFIDENTIALITY12.112.1 Parties hereby agree and acknowledge that every aspect of the present Agreement including but notParties hereby agree and acknowledge that every aspect of the present Agreement including but not

limited to the commercial terms, technical parameters, etc. are invaluable to each party and are tolimited to the commercial terms, technical parameters, etc. are invaluable to each party and are to be collectively regarded as part of confidential information.be collectively regarded as part of confidential information.

12.212.2 The Licensee acknowledges that all information, data material, etc, of its systems and operationsThe Licensee acknowledges that all information, data material, etc, of its systems and operations shared by Railway with the Licensee, shall be regarded as part of confidential information by theshared by Railway with the Licensee, shall be regarded as part of confidential information by the Licensee.Licensee.

12.312.3 The Licensee agrees that any violation of confidentiality especially with regards to customer data shallThe Licensee agrees that any violation of confidentiality especially with regards to customer data shall constitute material breach for purpose of this Agreement. constitute material breach for purpose of this Agreement.

ARTICLE 13 AUDIT RIGHTSARTICLE 13 AUDIT RIGHTS13.113.1 Railway being the service beneficiary under the Agreement shall have audit and inspection rights uponRailway being the service beneficiary under the Agreement shall have audit and inspection rights upon

the licensee during the entire Terms of this Agreement. the licensee during the entire Terms of this Agreement.

13.213.2 Railway shall have the right to conduct periodic audits on the GMU along with audits of the facilities ofRailway shall have the right to conduct periodic audits on the GMU along with audits of the facilities of the Licensee at regular intervals, such audits shall include the audit of technical and performancethe Licensee at regular intervals, such audits shall include the audit of technical and performance records of the Licensee which may be based on passenger feedback and other parameters setrecords of the Licensee which may be based on passenger feedback and other parameters set forth by Railway. forth by Railway.

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13.313.3 In addition to the audit rights under Article 13.2 herein above, Railway shall have the right to auditIn addition to the audit rights under Article 13.2 herein above, Railway shall have the right to audit particular performance records of the Licensee including payment records etc. particular performance records of the Licensee including payment records etc.

13.413.4 Each audit team of Railway shall be nominated by Railway exclusively and the Licensee shall not beEach audit team of Railway shall be nominated by Railway exclusively and the Licensee shall not be intimated any audit visits by Railway. The location, time etc. of the audit shall be decided byintimated any audit visits by Railway. The location, time etc. of the audit shall be decided by Railway exclusively and the Licensee shall not be intimated any audit visits by Railway. TheRailway exclusively and the Licensee shall not be intimated any audit visits by Railway. The location, time, etc. of the audit shall be decided by Railway exclusively and costs relating to thelocation, time, etc. of the audit shall be decided by Railway exclusively and costs relating to the audit shall be borne by Railway. The parties also agree that upon the conclusion of each audit shallaudit shall be borne by Railway. The parties also agree that upon the conclusion of each audit shall be borne by Railway. The parties also agree that upon the conclusion of each audit,be borne by Railway. The parties also agree that upon the conclusion of each audit, representatives of both parties are to mutually sign-off on the jointly prepared minutes of eachrepresentatives of both parties are to mutually sign-off on the jointly prepared minutes of each audit. audit.

13.513.5 In the event that any audit reveals any discrepancy as determined by Railway, the same would then beIn the event that any audit reveals any discrepancy as determined by Railway, the same would then be communicated by Railway in writing to the Licensee; who shall be under obligations to comply withcommunicated by Railway in writing to the Licensee; who shall be under obligations to comply with the audit/.results/directions of Railway within 30 days of receipt of written communication fromthe audit/.results/directions of Railway within 30 days of receipt of written communication from Railway. Railway.

13.613.6 Railway authorized / prescribed independent third party audit agencies will conduct audit of theRailway authorized / prescribed independent third party audit agencies will conduct audit of the catering unit for which this license is issued and the kitchen /s where food is / are prepared for thecatering unit for which this license is issued and the kitchen /s where food is / are prepared for the catering unit for effective quality control. In case of any discrepancy / deficiency reported in thecatering unit for effective quality control. In case of any discrepancy / deficiency reported in the audit report , the Railway will be entitled to initiate suitable action against the Licensee includingaudit report , the Railway will be entitled to initiate suitable action against the Licensee including termination of this Agreement.termination of this Agreement.

13.713.7 Licensee shall be responsible for acquiring requisite ISO certificate and the cost related to it , if any.Licensee shall be responsible for acquiring requisite ISO certificate and the cost related to it , if any.

ARTICLE 14 INSURANCE & INDEMNITIESARTICLE 14 INSURANCE & INDEMNITIES14.114.1 During the Term of this Agreement, the Licensee will obtain and maintain at its own expense, adequateDuring the Term of this Agreement, the Licensee will obtain and maintain at its own expense, adequate

insurance with regards all its obligations under this Agreement including insurance for workersinsurance with regards all its obligations under this Agreement including insurance for workers compensation, life insurance, health insurance, accident & risk insurance, etc. for employeescompensation, life insurance, health insurance, accident & risk insurance, etc. for employees including the catering staff of the Licensee. The Licensee hereby agrees and confirms that Railwayincluding the catering staff of the Licensee. The Licensee hereby agrees and confirms that Railway shall not be responsible in any manner whatsoever towards claims of the personnel, employees,shall not be responsible in any manner whatsoever towards claims of the personnel, employees, directors, etc. of the Licensee. directors, etc. of the Licensee.

14.214.2 The Licensee agrees to indemnify, hold harmless and defend Railway from any and all losses, claims,The Licensee agrees to indemnify, hold harmless and defend Railway from any and all losses, claims, actions, damages, liabilities, costs and expenses, including attorney's fees that may be claimedactions, damages, liabilities, costs and expenses, including attorney's fees that may be claimed upon or incurred by Railway due to breach or violation or non-compliance of the terms of thisupon or incurred by Railway due to breach or violation or non-compliance of the terms of this Agreement by the Licensee. The aforesaid indemnity granted by the Licensee shall comply withoutAgreement by the Licensee. The aforesaid indemnity granted by the Licensee shall comply without any delay, protest or demur. any delay, protest or demur.

14.314.3 The Licensee accepts liability, civil and criminal for compensation/damages in accordance withThe Licensee accepts liability, civil and criminal for compensation/damages in accordance with provision of Consumer Protection Act, 1986 or any statutory modification of the Act or any otherprovision of Consumer Protection Act, 1986 or any statutory modification of the Act or any other law for the time being in force for action occasioned by negligence, deficiency of service, imperfectlaw for the time being in force for action occasioned by negligence, deficiency of service, imperfect or improper performance by the Licensee, his workmen, servants, and agents. The Licensee shallor improper performance by the Licensee, his workmen, servants, and agents. The Licensee shall indemnify the Railway from and against all payments made under the provision of the said Act orindemnify the Railway from and against all payments made under the provision of the said Act or law including all costs. Any money which may become payable by the Railway as aforesaid shalllaw including all costs. Any money which may become payable by the Railway as aforesaid shall be deemed to be money payable to the Railway by the Licensee and in case of failure by thebe deemed to be money payable to the Railway by the Licensee and in case of failure by the Licensee to repay the Railway and money paid by it as aforesaid within seven (7) days after theLicensee to repay the Railway and money paid by it as aforesaid within seven (7) days after the same have been demanded by the Railway, the Railway shall be entitled to recover the same fromsame have been demanded by the Railway, the Railway shall be entitled to recover the same from the Security Deposit. The Licensee shall be solely responsible for consumer complaints and inthe Security Deposit. The Licensee shall be solely responsible for consumer complaints and in case of any direction/judgment from Customer Court(s); the Licensee shall be solely responsiblecase of any direction/judgment from Customer Court(s); the Licensee shall be solely responsible for fulfilling the requirements. for fulfilling the requirements.

14.414.4 In case the Licensee suffers any loss on account of it being restrained by the Railway or any competentIn case the Licensee suffers any loss on account of it being restrained by the Railway or any competent authority for indulging in illegal activities or any contravention of law, the Railway shall not be liableauthority for indulging in illegal activities or any contravention of law, the Railway shall not be liable to pay any indemnification/compensation to the Licensee, Railway shall bear no liability in case ofto pay any indemnification/compensation to the Licensee, Railway shall bear no liability in case of loss/damage to the licensee's moveable/immovable property, if any, due to accidents. loss/damage to the licensee's moveable/immovable property, if any, due to accidents.

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14.514.5 The Licensee shall, at all times indemnify the Railway against all claims and penalties which may beThe Licensee shall, at all times indemnify the Railway against all claims and penalties which may be suffered by the Railway or its employees by reason of any default on the part of the Licensee or itssuffered by the Railway or its employees by reason of any default on the part of the Licensee or its staff in due observance and performance of provision of:staff in due observance and performance of provision of:

(a)(a) Workmen's Compensation Act – 1923Workmen's Compensation Act – 1923(b)(b) Employment of Children's Act, 1938 andEmployment of Children's Act, 1938 and(c)(c) Any other relevant laws applicable for the time being in force.Any other relevant laws applicable for the time being in force.

ARTICLE 15 EVENTS OF DEFAULT/MATERIAL BRANCHARTICLE 15 EVENTS OF DEFAULT/MATERIAL BRANCH15.115.1 The following event(s) shall be deemed to be the event(s) of default or material breach on the part ofThe following event(s) shall be deemed to be the event(s) of default or material breach on the part of

the Licensee:the Licensee:

(a)(a) If the Licensee fails to start catering service within one (1) month from the CommencementIf the Licensee fails to start catering service within one (1) month from the Commencement Date as defined in Article 1.1. of the Master License Agreement. Date as defined in Article 1.1. of the Master License Agreement.

(b)(b) If the Railway finds that bidder has obtained this license by giving false information / details inIf the Railway finds that bidder has obtained this license by giving false information / details in the bid document at any time , Railway has the right to annul the license and terminate thethe bid document at any time , Railway has the right to annul the license and terminate the license agreement , and debar / black-list the license from participating further in allotment oflicense agreement , and debar / black-list the license from participating further in allotment of catering units on any zonal railway / IRCTC, treating the same as material breach of contract.catering units on any zonal railway / IRCTC, treating the same as material breach of contract.

(c)(c) If the Licensee fails to provide satisfactory services as under the License; orIf the Licensee fails to provide satisfactory services as under the License; or

(d)(d) If the Licensee fails to adhere to the desired Performance Levels as determined by Railway atIf the Licensee fails to adhere to the desired Performance Levels as determined by Railway at any time during the terms of this Agreement: or any time during the terms of this Agreement: or

(e)(e) If the Railway receives persistent complaints against the Licensee from the passengers orIf the Railway receives persistent complaints against the Licensee from the passengers or otherwise: orotherwise: or

(f)(f) If the Licensee fails to pay license fee along with interest, if any, to the Railway on or beforeIf the Licensee fails to pay license fee along with interest, if any, to the Railway on or before due dates; ordue dates; or

(g)(g) If the Licensee engages in corrupt or fraudulent practices in execution of catering servicesIf the Licensee engages in corrupt or fraudulent practices in execution of catering services under the Agreement, orunder the Agreement, or

(h)(h) If the Licensee fails to provide any information/record within the prescribed time as may beIf the Licensee fails to provide any information/record within the prescribed time as may be demanded by the Railway from time to time; ordemanded by the Railway from time to time; or

(i)(i) If there is any failure or default at any time on the part of the Licensee to carry out the termsIf there is any failure or default at any time on the part of the Licensee to carry out the terms and provisions of this Agreement to the Satisfaction of the Railway. and provisions of this Agreement to the Satisfaction of the Railway.

ARTICLE 16 PENALTIESARTICLE 16 PENALTIES16.116.1 The penalty (ies) that may be levied by the Railway on the Licensee in any of the instancesThe penalty (ies) that may be levied by the Railway on the Licensee in any of the instances

mentioned in Article 15 above shall include but not limited to the following:mentioned in Article 15 above shall include but not limited to the following:

(a)(a) forfeiture/appropriation of the Security Deposit in whole or part thereof, furnished by theforfeiture/appropriation of the Security Deposit in whole or part thereof, furnished by the Licensee; and/orLicensee; and/or

(d)(d) to annual the license and forthwith terminate the License Agreement; and/orto annual the license and forthwith terminate the License Agreement; and/or

(e)(e) debar the Licensee from participating in the future similar contract/license of the Railway ordebar the Licensee from participating in the future similar contract/license of the Railway or the Indian Railway for a period of five (5) year. the Indian Railway for a period of five (5) year.

16.216.2 The details of penalties have been explained in Annexure III of this Agreement. The details of penalties have been explained in Annexure III of this Agreement.

ARTICLE 17 TERMINATIONSARTICLE 17 TERMINATIONS17.117.1 If either party to the Agreement is subject to liquidation or insolvency under the applicable law, then theIf either party to the Agreement is subject to liquidation or insolvency under the applicable law, then the

other party may forthwith terminate this Agreement by issuing a notice for termination upon suchother party may forthwith terminate this Agreement by issuing a notice for termination upon such confirmed events having taken place. confirmed events having taken place.

17.217.2 The parties agree that "Material Breach' for the Licensee shall also mean (other than those instancesThe parties agree that "Material Breach' for the Licensee shall also mean (other than those instances set forth in this Agreement), the failure to maintain the desired Performance Levels' and/or theset forth in this Agreement), the failure to maintain the desired Performance Levels' and/or the delay in achieving the Commencement date by one (1) month from the agreed date (i.e. [•]) and ordelay in achieving the Commencement date by one (1) month from the agreed date (i.e. [•]) and or non-payment of the minimum license fee by the Licensee in accordance with the provisions hereinnon-payment of the minimum license fee by the Licensee in accordance with the provisions herein

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contained and/or any misrepresentation or violation of the commitments set forth in this entirecontained and/or any misrepresentation or violation of the commitments set forth in this entire Agreement or in response to the Calling Applicationor the breach or non-compliance by LicenseeAgreement or in response to the Calling Applicationor the breach or non-compliance by Licensee of its fundamental obligations under this Agreement, such that the breach or non-achievementof its fundamental obligations under this Agreement, such that the breach or non-achievement defeats the object and purpose of this Agreement. defeats the object and purpose of this Agreement.

17.317.3 Railway shall also have, without prejudice to other rights and remedies, the right, in the event ofRailway shall also have, without prejudice to other rights and remedies, the right, in the event of 'Material Breach' by the Licensee of any of the terms and conditions of the contract, or due to the'Material Breach' by the Licensee of any of the terms and conditions of the contract, or due to the Licensee's inability to perform as agreed for any reason whatsoever, to terminate the contractLicensee's inability to perform as agreed for any reason whatsoever, to terminate the contract forthwith and get the work done for the unexpired period of the License at the 'risk of cost' of theforthwith and get the work done for the unexpired period of the License at the 'risk of cost' of the Licensee or in the manner Railway deems fit to recover losses, damages, expenses or costs thatLicensee or in the manner Railway deems fit to recover losses, damages, expenses or costs that may be suffered or incurred by the Institute. The decision of the Railway about the breach/failuremay be suffered or incurred by the Institute. The decision of the Railway about the breach/failure on the part of the Licensee shall be final and binding on the Licensee and shall not be called intoon the part of the Licensee shall be final and binding on the Licensee and shall not be called into question. question.

17.417.4 Notwithstanding the provisions of Article 17.1 above, Railway or Licensee may terminate thisNotwithstanding the provisions of Article 17.1 above, Railway or Licensee may terminate this Agreement without assigning any reason to the Licensee/Railway by giving 6 (six) months priorAgreement without assigning any reason to the Licensee/Railway by giving 6 (six) months prior notice in writing to the Licensee/Railway. notice in writing to the Licensee/Railway.

17.517.5 In the event that the Agreement is terminated by either party pursuant to Article 17.1 or by RailwayIn the event that the Agreement is terminated by either party pursuant to Article 17.1 or by Railway under Article 17.4, then the undisputed payments accruing to Railway shall be due and settled inunder Article 17.4, then the undisputed payments accruing to Railway shall be due and settled in accordance with the terms of the Agreement until the effective date of termination. accordance with the terms of the Agreement until the effective date of termination.

17.617.6 In the event the Agreement is terminated by the Licensee under article 17.4, the Railway shall forfeitIn the event the Agreement is terminated by the Licensee under article 17.4, the Railway shall forfeit the entire License Fee paid by the Licensee and invoke the Security Deposit. the entire License Fee paid by the Licensee and invoke the Security Deposit.

17.717.7 In the event that the Agreement is terminated by either party prior to the achievement of theIn the event that the Agreement is terminated by either party prior to the achievement of the Commencement date, then the parties to the Agreement In the event the Agreement is terminatedCommencement date, then the parties to the Agreement In the event the Agreement is terminated by Railway after Commencement Date, then the License acknowledges and undertakes toby Railway after Commencement Date, then the License acknowledges and undertakes to continue performance of the services under the Agreement until the effective date of termination ascontinue performance of the services under the Agreement until the effective date of termination as confirmed by Railway, irrespective of whichever party has terminated the Agreement. However, theconfirmed by Railway, irrespective of whichever party has terminated the Agreement. However, the effective date of termination shall not be more than 6 (six) months from the date of notice. Further,effective date of termination shall not be more than 6 (six) months from the date of notice. Further, the Licensee agrees to provide services on the same terms as it were being provided during thethe Licensee agrees to provide services on the same terms as it were being provided during the tenure of the Agreement.tenure of the Agreement.

17.817.8 Railway reserves the right to terminate the license, in case the licensee fail to make payment within 90Railway reserves the right to terminate the license, in case the licensee fail to make payment within 90 days of the due date.days of the due date.

17.917.9 In case of any discrepancy / deficiency noticed in the audit report , the Railway will be entitled to imitateIn case of any discrepancy / deficiency noticed in the audit report , the Railway will be entitled to imitate suitable action against the Licensee , including termination of the agreement.suitable action against the Licensee , including termination of the agreement.

ARTICLE 18 CANCELLATION/WITHDRAWAL/NON-OPERATION OF THE GMU AND REFUND OFARTICLE 18 CANCELLATION/WITHDRAWAL/NON-OPERATION OF THE GMU AND REFUND OF LICENSEE FEELICENSEE FEE

18.118.1 In the event of permanent cancellation/withdrawal/non-operation of the GMU service by the Railway,In the event of permanent cancellation/withdrawal/non-operation of the GMU service by the Railway, this Agreement shall be terminated without any notice or assigning any reason to the Licensee. Inthis Agreement shall be terminated without any notice or assigning any reason to the Licensee. In such an event the security deposit and the advance License Fee already paid shall be refunded tosuch an event the security deposit and the advance License Fee already paid shall be refunded to the Licensee on pro-rata basis. the Licensee on pro-rata basis.

18.218.2 Except as otherwise provided in the Article, the Licensee shall not make any claim for anyExcept as otherwise provided in the Article, the Licensee shall not make any claim for any consequential loss of business/ damages due to permanent cancellation / withdrawal of the GMUconsequential loss of business/ damages due to permanent cancellation / withdrawal of the GMU by the Railway.by the Railway.

18.318.3 consequential loss of business/ damages due to permanent cancellation. consequential loss of business/ damages due to permanent cancellation.

ARTICLE 19 DISPUTE RESOLUTION ARTICLE 19 DISPUTE RESOLUTION 19.119.1 In the event of any dispute or difference between the parties hereto as to the construction or operationIn the event of any dispute or difference between the parties hereto as to the construction or operation

of this contract , or the respective rights and obligations of the parties on any matter in question ,of this contract , or the respective rights and obligations of the parties on any matter in question , depute of difference on any account , the same will be resolved in terms of the general conditionsdepute of difference on any account , the same will be resolved in terms of the general conditions of contract for works of Railways as amended from time to time and as per the provisions ofof contract for works of Railways as amended from time to time and as per the provisions of

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Arbitration and Conciliation (Amendment) Act 2015 and the rules there as amended from time toArbitration and Conciliation (Amendment) Act 2015 and the rules there as amended from time to time , and as per the extant Instructions issued by Railway Board.time , and as per the extant Instructions issued by Railway Board.

19.219.2 The Award passed shall be final and binding on both the Parties.The Award passed shall be final and binding on both the Parties.

19.319.3 It is further clarified that during the resolution of the Disputes, the Licensee shall be obligated for theIt is further clarified that during the resolution of the Disputes, the Licensee shall be obligated for the continued performance of its obligations under the Agreement until the resolution of the Disputes.continued performance of its obligations under the Agreement until the resolution of the Disputes.

19.419.4 The place of language of Arbitration will be decided by Railway Administration.The place of language of Arbitration will be decided by Railway Administration.

ARTICLE 20 MISCELLANEOUSARTICLE 20 MISCELLANEOUS20.120.1 InterpretationInterpretation

This Agreement and the arrangement between the parties shall at all times be read along with theThis Agreement and the arrangement between the parties shall at all times be read along with the terms of the Calling Application and the response of the Licensee to the Bid. In the event of anyterms of the Calling Application and the response of the Licensee to the Bid. In the event of any interpretation of the provisions of this arrangement between the parties, the documents shall beinterpretation of the provisions of this arrangement between the parties, the documents shall be read in the following order of precedence:-read in the following order of precedence:-

(j)(j) Railway's latest policies are applicable from time to time;Railway's latest policies are applicable from time to time;

(ii)(ii) the Articles of this Agreement;the Articles of this Agreement;

(iii)(iii) the contents of the Annexure(s) to this Agreement.the contents of the Annexure(s) to this Agreement.

(iv)(iv) Licensee's response to the Bid.Licensee's response to the Bid.

(v) The Bid(v) The Bid

20.220.2 Relation between the PartiesRelation between the PartiesThe Parties to this Agreement are entering into this arrangement as independent contractors, andThe Parties to this Agreement are entering into this arrangement as independent contractors, and this Agreement does not bestow either Party the right against the other, as partner, agent, principalthis Agreement does not bestow either Party the right against the other, as partner, agent, principal employer or joint venture or any other form of legal association.employer or joint venture or any other form of legal association.

20.320.3 Survival Survival This Agreement along with the Calling Application and the response of the Licensee collectivelyThis Agreement along with the Calling Application and the response of the Licensee collectively constitute the full and complete arrangement between the Parties with respect to the subject matterconstitute the full and complete arrangement between the Parties with respect to the subject matter hereof. The expiration or termination of this Agreement for any reason will not release either Partyhereof. The expiration or termination of this Agreement for any reason will not release either Party from any liabilities or obligations set forth herein this Agreement and such Articles (as applicable tofrom any liabilities or obligations set forth herein this Agreement and such Articles (as applicable to the parties) will survive any termination of this Agreement.the parties) will survive any termination of this Agreement.

20.420.4 Transfer of License Fee to the spouse/legal heir would be allowed only in the event of death of theTransfer of License Fee to the spouse/legal heir would be allowed only in the event of death of the original licensee. The licensee can be transferred in the name of spouse/legal heir for theoriginal licensee. The licensee can be transferred in the name of spouse/legal heir for the unexpired period of the contract as per General Conditions of Contract (GCC) of Railways. Nounexpired period of the contract as per General Conditions of Contract (GCC) of Railways. No subletting will be allowed. subletting will be allowed.

20.520.5 JurisdictionJurisdictionThis Agreement will be governed by and construed in accordance with the laws of the Republic ofThis Agreement will be governed by and construed in accordance with the laws of the Republic of India and the Courts at South Eastern Railway HQ shall have exclusive jurisdiction in all mattersIndia and the Courts at South Eastern Railway HQ shall have exclusive jurisdiction in all matters relating to this Agreement.relating to this Agreement.

20.620.6 Amendments Amendments Any changes or modifications to this Agreement or its (Annexure) can only be made by a writtenAny changes or modifications to this Agreement or its (Annexure) can only be made by a written amendment mutually signed by the parties. amendment mutually signed by the parties.

20.720.7 WaiverWaiverUnless otherwise expressly provided in this Agreement, a delay or omission by either Party toUnless otherwise expressly provided in this Agreement, a delay or omission by either Party to exercise any of its rights under this Agreement will not be construed to be a waiver. exercise any of its rights under this Agreement will not be construed to be a waiver.

20.820.8 Assignment Assignment This Agreement is binding on the successors and permitted assigns of each party; however,This Agreement is binding on the successors and permitted assigns of each party; however, neither party has the power to assign this Agreement without the prior written consent of the otherneither party has the power to assign this Agreement without the prior written consent of the other party. party.

20.920.9 Notice Notice of 60


All notices under this Agreement by either party will be in writing and will be deemed to have beenAll notices under this Agreement by either party will be in writing and will be deemed to have been duly given if delivered by courier/registered AD Post. All notices under this Agreement are to beduly given if delivered by courier/registered AD Post. All notices under this Agreement are to be addressed as under: addressed as under:

In the case of Railway:In the case of Railway:Divisional Commercial Manager,Divisional Commercial Manager,____________________Division,____________________Division,____________________Railway,____________________Railway,________________________________________

In the case of Licensee:In the case of Licensee:[Insert the name of person &[Insert the name of person & Address]Address]

Any change in the aforesaid address of either party shall be immediately informed to the otherAny change in the aforesaid address of either party shall be immediately informed to the other party by way of a notice as aforesaid.party by way of a notice as aforesaid.

20.1020.10 Accident and unforeseen circumstances.Accident and unforeseen circumstances.Licensee shall supply items to Railways as and when required at the approved rates likeLicensee shall supply items to Railways as and when required at the approved rates like accidents/unusual Incidents.accidents/unusual Incidents.

20.1120.11 Force majeureForce majeureIn the event of any unforeseen event directly interfering with the operation of license arising duringIn the event of any unforeseen event directly interfering with the operation of license arising during the currency of this Agreement; such as war, insurrection, restraint imposed by the Government,the currency of this Agreement; such as war, insurrection, restraint imposed by the Government, act of legislature or other authority, explosion, accident, strike, riot, lock out, act of public enemy,act of legislature or other authority, explosion, accident, strike, riot, lock out, act of public enemy, act of God, sabotage, etc., the Licensee shall, within a week from the commencement thereof,act of God, sabotage, etc., the Licensee shall, within a week from the commencement thereof, notify the same in writing to the Railway with reasonable evidence thereof. In such event of forcenotify the same in writing to the Railway with reasonable evidence thereof. In such event of force majeure, if mutually agreed by both parties, the tenure of this Agreement may be further extendedmajeure, if mutually agreed by both parties, the tenure of this Agreement may be further extended for the period during which license was not operational.for the period during which license was not operational.

20.1220.12 Execution of the AgreementExecution of the AgreementIn The Agreement shall be executed/entered only with the Licensee on a non-judicial Stamp PaperIn The Agreement shall be executed/entered only with the Licensee on a non-judicial Stamp Paper of the value as prescribed by law, and all cost and expenses for registration, stamp duty, etc.of the value as prescribed by law, and all cost and expenses for registration, stamp duty, etc. thereof shall be borne by the Licensee.thereof shall be borne by the Licensee.

IN WITNESS WHEREOF, THE PARTIES HAVE DULY EXECUTED AND DELIVERED THISIN WITNESS WHEREOF, THE PARTIES HAVE DULY EXECUTED AND DELIVERED THIS AGREEMENT BY THEIR DULY AUTHORIZED REPRESENTATIVES AS OF THE EFFECTIVE DATE AGREEMENT BY THEIR DULY AUTHORIZED REPRESENTATIVES AS OF THE EFFECTIVE DATE RailwayRailway LicenseeLicensee

By: _______________By: _______________ By: _______________By: _______________

Title: ______________Title: ______________ Title:______________Title:______________

Date: ______________Date: ______________ Date: _____________Date: _____________

In witness Of:In witness Of:

1.1.

2.2.

List of AnnexureList of AnnexureAnnexure IAnnexure I Scope of ServicesScope of ServicesAnnexure IIAnnexure II Price Bid Document stating license fee payable by Licensee and Special Condition ofPrice Bid Document stating license fee payable by Licensee and Special Condition of

Contract.Contract.Annexure IIIAnnexure III Assessment of Performance. Assessment of Performance. Annexure IV NEFT Mandate Form.Annexure IV NEFT Mandate Form.

Annexure I - Scope of WorkAnnexure I - Scope of Work

The major components of scope are indicated below:The major components of scope are indicated below:

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a)a) The Licensee shall be provided with a The Licensee shall be provided with a GMU No- _________ at PF No - ____ / _________StationGMU No- _________ at PF No - ____ / _________Station of _____ category.of _____ category.

b)b) The Licensee shall be responsible for providing catering services for items as authorized by theThe Licensee shall be responsible for providing catering services for items as authorized by the Railway from the Railway from the GMU No- _________ at Pf No - ____ / _________Station of _______ category.GMU No- _________ at Pf No - ____ / _________Station of _______ category.

c)c) The Licensee shall set up The Licensee shall set up Modular Catering StallsModular Catering Stalls to maintain uniformity in design and colour scheme to maintain uniformity in design and colour scheme as authorized and approved by Railways. The Licensee shall be responsible to display the "Rail Ahaar"as authorized and approved by Railways. The Licensee shall be responsible to display the "Rail Ahaar" logo prominently at all places including the packaging material of food, uniform of waiters and otherlogo prominently at all places including the packaging material of food, uniform of waiters and other staff etc. The Licensee will abide by the instructions of Railway in this regard from time to time. staff etc. The Licensee will abide by the instructions of Railway in this regard from time to time.

d)d) In case licensee is permitted for sale of packaged drinking water then, it is mandatory for the licenseeIn case licensee is permitted for sale of packaged drinking water then, it is mandatory for the licensee to sell Rail Neer (Packaged Drinking Water – 1000 ML) chilled or in such quantities & rates prescribedto sell Rail Neer (Packaged Drinking Water – 1000 ML) chilled or in such quantities & rates prescribed by Railway from time to time. The Licensee shall be permitted to sell only packaged drinking water ofby Railway from time to time. The Licensee shall be permitted to sell only packaged drinking water of brands as approved by Railways. brands as approved by Railways.

e)e) The Licensee may be encouraged to provide regional cuisines, dietary and infant foods, food forThe Licensee may be encouraged to provide regional cuisines, dietary and infant foods, food for patients or ailing passengers, Jain food at tariff approved by Railway subject to authorization frompatients or ailing passengers, Jain food at tariff approved by Railway subject to authorization from Railway. Railway.

f)f) The Licensee should provide service across the counter only. No Platform Vending will be permitted.The Licensee should provide service across the counter only. No Platform Vending will be permitted.

g)g) Licensee shall be responsible for availability/provision of adequate number of garbage bins atLicensee shall be responsible for availability/provision of adequate number of garbage bins at appropriate places. Licensee shall also ensure to place bio-degradable bags in garbage bins for easyappropriate places. Licensee shall also ensure to place bio-degradable bags in garbage bins for easy disposal and proper handling. These should be cleaned outside the production area. Licensee shalldisposal and proper handling. These should be cleaned outside the production area. Licensee shall avoid use of metallic dustbins, which become rusted over a period of time. Segregation of waste shouldavoid use of metallic dustbins, which become rusted over a period of time. Segregation of waste should be done as bi-degradable. Licensee shall be responsible for disposing the garbage suitable at thebe done as bi-degradable. Licensee shall be responsible for disposing the garbage suitable at the designated location outside the station/maintenance area. All garbage bins must be labeled, cleaneddesignated location outside the station/maintenance area. All garbage bins must be labeled, cleaned and sanitized regularly. All instructions in regard to disposal of garbage issued by Health, Mechanicaland sanitized regularly. All instructions in regard to disposal of garbage issued by Health, Mechanical and Commercial Directorate are to be adhered to by licensee.and Commercial Directorate are to be adhered to by licensee.

h)h) The Licensee shall be responsible for ensuring the quality and quantity, maintaining proper hygieneThe Licensee shall be responsible for ensuring the quality and quantity, maintaining proper hygiene and cleanliness while handling, raw materials, preparation, packaging supply, service, etc. ofand cleanliness while handling, raw materials, preparation, packaging supply, service, etc. of food/meals in accordance with the parameters specified in food/meals in accordance with the parameters specified in Section-C. Section-C.

i)i) The Licensee shall further be responsible to make adequate arrangements in terms of all equipmentsThe Licensee shall further be responsible to make adequate arrangements in terms of all equipments and manpower, as its own cost, as per policy directives.and manpower, as its own cost, as per policy directives.

j)j) The Licensee shall depute staff who will be required to manage the catering operation and serve foodThe Licensee shall depute staff who will be required to manage the catering operation and serve food to the passengers. The number of staff depute shall not be more than the number prescribed byto the passengers. The number of staff depute shall not be more than the number prescribed by Railway administration. The licensee shall ensure that the staff deputed on the unit should maintainRailway administration. The licensee shall ensure that the staff deputed on the unit should maintain good conduct, etiquette, personal hygiene, politeness and courtesy, issue computerized bills togood conduct, etiquette, personal hygiene, politeness and courtesy, issue computerized bills to passengers etc. The licensee shall also ensure computerized billing for all the items sold in the unit andpassengers etc. The licensee shall also ensure computerized billing for all the items sold in the unit and the licensee shall provide the facility for cashless transaction viz.POS/Swipe machine, BHIM, Mobilethe licensee shall provide the facility for cashless transaction viz.POS/Swipe machine, BHIM, Mobile wallets, Bharat or ministry of Railways for promoting cashless transaction etc. compulsorily available inwallets, Bharat or ministry of Railways for promoting cashless transaction etc. compulsorily available in the unit. Further , the Licensee shall ensure that the catering staff should be well groomed ,wear properthe unit. Further , the Licensee shall ensure that the catering staff should be well groomed ,wear proper uniforms , badges displaying their names, carry photo identity cards, display at all times. The Railwayuniforms , badges displaying their names, carry photo identity cards, display at all times. The Railway reserves the right to prescribed a started uniform for all staff working for GMUs on a station. reserves the right to prescribed a started uniform for all staff working for GMUs on a station.

k)k) In consideration of the award of the License to the Licensee, the Licensee shall be liable to pay AnnualIn consideration of the award of the License to the Licensee, the Licensee shall be liable to pay Annual License fee. The license fee will be fixed for the first three years and in the fourth year it will beLicense fee. The license fee will be fixed for the first three years and in the fourth year it will be enhanced by 10 % License fee for the fourth and fifth year will remain same. There will be no otherenhanced by 10 % License fee for the fourth and fifth year will remain same. There will be no other increase in the License fees during the tenure of contract (including in case of revision in menu andincrease in the License fees during the tenure of contract (including in case of revision in menu and tariff), other than this increase of 10% in the fourth year.tariff), other than this increase of 10% in the fourth year.

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l)l) The Annual License Fee shall be paid every year, for the first year, the Licensee shall pay the annualThe Annual License Fee shall be paid every year, for the first year, the Licensee shall pay the annual license fee within 15 days on receipt of LOA, and for subsequent years, it shall be paid at least fifteenlicense fee within 15 days on receipt of LOA, and for subsequent years, it shall be paid at least fifteen (15) days before the completion of each preceding year of License(15) days before the completion of each preceding year of License

m)m) The licensee shall ensure availability of hand held fire extinguishers with the staff having knowledge ofThe licensee shall ensure availability of hand held fire extinguishers with the staff having knowledge of operation of the equipment.operation of the equipment.

n)n) The ceiling Limit for minor units (as per clause no. 13.4 of catering policy 2017), applicable for allThe ceiling Limit for minor units (as per clause no. 13.4 of catering policy 2017), applicable for all bidders will be as follows:bidders will be as follows:

A license will be allowed to hold a maximum of five minor catering units per division. Trolleys are also A license will be allowed to hold a maximum of five minor catering units per division. Trolleys are also treated as separate unit as per catering policy 2017 and will be counted for the purpose of ceiling limit of 5 treated as separate unit as per catering policy 2017 and will be counted for the purpose of ceiling limit of 5 units. The bidders should submit an undertaking on non-judicial stamp paper (Annexure-A/3)units. The bidders should submit an undertaking on non-judicial stamp paper (Annexure-A/3)

o)o) The licensee shall get conducted third party audit periodically by an independent agency The licensee shall get conducted third party audit periodically by an independent agency authorized/prescribed by Railways every six months along with regular in – house audit. authorized/prescribed by Railways every six months along with regular in – house audit.

Annexure - IIAnnexure - II

Price Bid and Special Condition of ContractPrice Bid and Special Condition of ContractPRICE BIDPRICE BID

The annual license fee offered, payable in annually, is in the table below:-The annual license fee offered, payable in annually, is in the table below:-

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(In Indian Rupee only)(In Indian Rupee only)Amount in Amount in Figures Figures (Rupees)(Rupees)

Amount in wordsAmount in words (In rupees) (In rupees)

License fees payable to License fees payable to Railway per annumRailway per annum

Special Conditions of Contract Special Conditions of ContractAs mentioned in Section "C" of the Bid Document.As mentioned in Section "C" of the Bid Document.

Annexure - IIIAnnexure - IIIAssessment of Performance of Licensee Assessment of Performance of Licensee 1.1. Railway Officials/Inspector(s) or any agency authorized by Railway will conduct inspection to ascertain theRailway Officials/Inspector(s) or any agency authorized by Railway will conduct inspection to ascertain the

catering performance of the Licensee.catering performance of the Licensee.

2.2. As per provisions of the catering policy, 2010 and/or other instructions issued by the Railway from time to time,As per provisions of the catering policy, 2010 and/or other instructions issued by the Railway from time to time, the performance of the Licensee will be monitored/assessed by the Railway which will inter-alia include thethe performance of the Licensee will be monitored/assessed by the Railway which will inter-alia include the following:-following:-

i)i) Superior quality material should be used in fabrication/construction of all static units to improve onSuperior quality material should be used in fabrication/construction of all static units to improve on aesthetics, durability and convenience for maintenance. The design and material used in construction ofaesthetics, durability and convenience for maintenance. The design and material used in construction of stall shall be prescribed by Railways.stall shall be prescribed by Railways.

ii)ii) To provide hygienic and quality food to the travelling passengers monitoring of quality will be made throughTo provide hygienic and quality food to the travelling passengers monitoring of quality will be made through inspections foods quality checks by the Railways.inspections foods quality checks by the Railways.

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iii)iii) Licensee Managed Units will be monitored for their mechanization and modernization along with theirLicensee Managed Units will be monitored for their mechanization and modernization along with their performance. Supervision of the services will be made constantly.performance. Supervision of the services will be made constantly.

iv)iv) There should be no cooking on platforms at stations.There should be no cooking on platforms at stations.v)v) All systems and processes and equipment such as deep freezers, hot cases, microwave ovens, refrigeratedAll systems and processes and equipment such as deep freezers, hot cases, microwave ovens, refrigerated

storage units, Bain-maries should progressively replace the existing traditional equipments and manualstorage units, Bain-maries should progressively replace the existing traditional equipments and manual methods in Static Unitsmethods in Static Units

vi) vi) All catering units should liberally provide garbage bins properly lined with garbage bags. Garbage thusAll catering units should liberally provide garbage bins properly lined with garbage bags. Garbage thus collected should be disposed off in the prescribed manner which should be incorporated in all agreementscollected should be disposed off in the prescribed manner which should be incorporated in all agreements and should adhere to extant pollution control and environmental norms. All instructions in regard to disposaland should adhere to extant pollution control and environmental norms. All instructions in regard to disposal of garbage issued by Health Mechanical & Commercial Directorate are to be adhered to by licensees.of garbage issued by Health Mechanical & Commercial Directorate are to be adhered to by licensees.

vii) Zonal Railway shall maintain a data base of the various catering establishment to ensure that the ceilingvii) Zonal Railway shall maintain a data base of the various catering establishment to ensure that the ceiling limits on holding at catering Licenses as per the catering Policy 2017 and / or instructions issued by thelimits on holding at catering Licenses as per the catering Policy 2017 and / or instructions issued by the railway administration from time to time are complied with.railway administration from time to time are complied with.

3.3. The licensee will be selected along with all the parameters stated above. All efforts shall be made by licenseeThe licensee will be selected along with all the parameters stated above. All efforts shall be made by licensee to control the deficiencies . Railway shall extend sufficient cooperation to the Licensee to make good theto control the deficiencies . Railway shall extend sufficient cooperation to the Licensee to make good the deficiencies as the case may be.deficiencies as the case may be.

4.4. Any deficiency in any of these parameters will be counted as "Deficiency in Service Any deficiency in any of these parameters will be counted as "Deficiency in Service

PENALTIES:PENALTIES:(i)(i) For deficiency in any parameter, Licensee will be suitably counseled. In case the deficiencies persist andFor deficiency in any parameter, Licensee will be suitably counseled. In case the deficiencies persist and

the Railway determines that despite repeated counseling the Licensee does not take adequate steps tothe Railway determines that despite repeated counseling the Licensee does not take adequate steps to improve, a improve, a written warning written warning shall be issued to the Licensee.shall be issued to the Licensee.

(ii)(ii) However, after repeated warnings, if the performance of Licensee does not improve, the Licensee shall beHowever, after repeated warnings, if the performance of Licensee does not improve, the Licensee shall be imposed with a penalty (fine).imposed with a penalty (fine).

(iii)(iii) At the first instance, as determined by the Railway, a token penalty of Rupees Five Hundred (Rs. 500) shallAt the first instance, as determined by the Railway, a token penalty of Rupees Five Hundred (Rs. 500) shall be imposed by the Railway.be imposed by the Railway.

(iv)(iv) At the second instance, as determined by the Railway, a penalty of Rupees one Thousand (Rs. 1,000) shallAt the second instance, as determined by the Railway, a penalty of Rupees one Thousand (Rs. 1,000) shall be imposed by the Railway.be imposed by the Railway.

(v)(v) At the third instance, as determined by the Railway, a penalty of Rupees five Thousand (Rs. 5,000) shall beAt the third instance, as determined by the Railway, a penalty of Rupees five Thousand (Rs. 5,000) shall be imposed by the Railway.imposed by the Railway.

(vi)(vi) At the fourth instance, as determined by the Railway, a penalty of Rupees fifty Thousand (Rs. 50,000) shallAt the fourth instance, as determined by the Railway, a penalty of Rupees fifty Thousand (Rs. 50,000) shall be imposed by the Railway.be imposed by the Railway.

(vii)(vii) In case of further occurrence of deficiency, Railway may decide to serve a notice for termination of LicenseIn case of further occurrence of deficiency, Railway may decide to serve a notice for termination of License AgreementAgreement

(viii) Banning suspension of business with the errant contractors shall be strictly enforced following due process.(viii) Banning suspension of business with the errant contractors shall be strictly enforced following due process.

Annexure - IV Annexure - IVNational Electronic Fund Transfer /Electronic Clearing Services (Credit Clearing)National Electronic Fund Transfer /Electronic Clearing Services (Credit Clearing)

Mandate FormMandate Form

Sl.No.Sl.No. DescriptionDescription DetailsDetails

11 Investor/Customer's (Tender's)Name and addressInvestor/Customer's (Tender's)Name and address22 Particulars of Bank AccountParticulars of Bank Account(a)(a) Name of BankName of Bank(b)(b) Name of branchName of branch

AddressAddress

Telephone No. of BankTelephone No. of Bank( c)( c) 9 digit code number of the Bank and branch 9 digit code number of the Bank and branch

appearing on the MICR cheque issued by the bank.appearing on the MICR cheque issued by the bank. of 60


(d)(d) IFSC code of the branchIFSC code of the branch(e)(e) Type of account (current/savings/cash credit with Type of account (current/savings/cash credit with

code 10/11/2013)code 10/11/2013)(f)(f) Ledger and ledger folio numberLedger and ledger folio number

(g) (g) Account number (appearing on cheque book)Account number (appearing on cheque book)

(In lieu of the certificate to be obtained as under , please attach a bank cancelled cheque or photocopy of a (In lieu of the certificate to be obtained as under , please attach a bank cancelled cheque or photocopy of a cheque or front page of your savings pass book issued by your Bank for verification of the above cheque or front page of your savings pass book issued by your Bank for verification of the above particulars).particulars).

3) Date of effect. 3) Date of effect.

I hereby declare that the particulars given above are correct and complete. if transaction is delayed or not I hereby declare that the particulars given above are correct and complete. if transaction is delayed or not effected at all for reasons of incomplete or incorrect information. I would not hold the user institution effected at all for reasons of incomplete or incorrect information. I would not hold the user institution responsible. I have read the option invitation letter and agree to discharge the responsibility expected of meresponsible. I have read the option invitation letter and agree to discharge the responsibility expected of me as a participant under the scheme.as a participant under the scheme.

Date:Date:

Signature of the Investor/CustomerSignature of the Investor/Customer

………………………………………………………………………………………………………..………………………………………………………………………………………………………..

Certified that the particulars furnished above are correct as per our records.Certified that the particulars furnished above are correct as per our records.

Bank 's StampBank 's Stamp Signature of the Authorized Official of the bank Signature of the Authorized Official of the bank

(End of the document)(End of the document)

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