1 Indian Railway Catering and Toursim Corporation

INDIAN RAILWAY CATERING AND TOURSIM CORPORATION LIMITED

NOTICE INVITING E-TENDER

OPEN E-TENDER NO. – 2020/IRCTC/CATG./RSD & PREPAID TRAINS-8 AS PER TENDER DOCUMENT NO. RSD-3 REVISION 00.

Sub: E-TENDER FOR PROVISION OF ONBOARD CATERING SERVICES IN RAJDHANI/SHATABDI / DURONTO AND OTHER PRE-PAID TRAINS IN PARTIAL / COMPLETE UNBUNDLING MODEL.

Applicable Tender Document :- RSD-3 Revision 0

Last date and Time of Submission of bids : 31.01.2020 up to 15:00 hrs

Date and Time of Opening of bids : 31.01.2020 up to 15:15 hrs

Earnest Money deposit : Rs 02 lakhs

Description of job PROVISION OF ONBOARD CATERING SERVICES IN RAJDHANI/SHATABDI / DURONTO AND OTHER PRE-PAID TRAINS IN PARTIAL / COMPLETE UNBUNDLING MODEL

Sn Train No. Train Name

1 12027-28 SBC-MAS Shatabdi Express

1. Period of the license - 05 years 2. Bidders are required to deposit EMD of Rs 02 lakh through tender web site itself prior to submission of E-Tender. EMD deposited in any other account of IRCTC by any other process will not be adjusted and such offers will be summarily rejected.

3. The bids will consist of two packet system i.e Technical and Financial Bids. Technical Bid will consist of Technical and other conditions as laid down in the Bid document. Financial bid shall consist of the Financial aspects as per conditions laid down in the Bid document

4. Evaluation of financial bid will be done individually for the train, mentioned sr no wise above.

5. The successful tenderer shall be intimated about the Award of Work and EMD of other tenderers shall be returned without any interest within one month from the date of award of license. No interest shall be payable on EMD.

6. The bid shall remain open for acceptance for 120 days from the date of opening of E-Tender.

7. Indian Railway Catering and Tourism Corporation Limited., reserves the right to reject any/all E- Tenders without assigning any reason.

8. The Notice Inviting E-Tender and Instructions to tenderers, Special Conditions, Technical Criteria, Offer Forms, E-Tender Schedule shall form the part of Tender Documents.

9. The E-Tenders received will be evaluated by the IRCTC to ascertain the highest acceptable E- Tender on concession fee quoted for trains mentioned Sr number wise above. *********************************************************************************

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CIN No. U74899DL1999GOI101707 Website: www.irctc.com Email id: [email protected]

OPEN E-TENDER FOR AWARD OF LICENSE FOR MANAGEMENT OF ONBOARD CATERING SERVICES IN RAJDHANI/SHATABDI / DURONTO AND OTHER PRE-PAID TRAINS IN PARTIAL / COMPLETE UNBUNDLING MODEL.

Annexure-A

Group General Manager/ Procurement M/s Indian Railway Catering and Tourism Corporation Ltd. 11th & 12th Floor, Statesman House Building, Barakhamba Road, New Delhi – 110 001 Ph. 011 23318310 E-mail:- [email protected]

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DISCLAIMER a. Indian Railway Catering & Tourism Corporation Ltd., herein after mentioned as “IRCTC” does not make any representation 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 and check 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 with the preparation and submission of its Bid including expenses associated with any clarifications which may be required by IRCTC or any other costs incurred in connection with or relating to its Bid. All such costs and expenses will remain with the Bidder and IRCTC shall not be liable in any manner. b. IRCTC 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 otherwise for 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 Bid Document, the award of the License, the information and any other information supplied by or on behalf of Railway/IRCTC or otherwise arising in any way from the selection process of the License. c. The issue of this Document does not imply that IRCTC is bound to select the Bidder or to appoint the Selected Bidder. IRCTC reserves the right to reject any or all of the Bids submitted in response to this Bid Document at any stage without assigning any reason whatsoever. IRCTC also reserves the right to withhold or withdraw the process at any stage with intimation to all Bidders who have submitted the Bid. d. IRCTC reserves the right to change/ modify/amend any or all of the provisions of this Bid Document at any stage. e. Each Bidder‟s acceptance of delivery of this Tender constitutes its agreement to, and acceptance of the terms set forth in this Disclaimer. By acceptance of this Tender, the recipient agrees that this Tender and any information herewith supersedes document(s) or earlier information, if any, in relation to the subject matter hereof.

RSD-3 Revision 0 INDIAN RAILWAY CATERING AND TOURISM CORPORATION LIMITED (A Government of India Undertaking) INSTRUCTIONS TO TENDERERS The Indian Railway Catering and Tourism Corporation Limited (IRCTC) proposes to obtain E- quotations for PROVISION OF ONBOARD CATERING SERVICES IN RAJDHANI/SHATABDI / DURONTO AND OTHER PRE-PAID TRAINS IN PARTIAL / COMPLETE UNBUNDLING MODEL

1. General:

Date & Time up to which offers will be received : Refer to Notice Inviting E-Tender

Time of Opening Financial Bid (Part B) : To be intimated separately to the tenderers shortlisted on the basis of technical bids.

i. This Tender Document can only be viewed at http://eprocure.gov.in , http://www.irctc.com, & http://www.tenderwizard.com/IRCTC and will be submitted/ received only at http://www.tenderwizard.com/IRCTC , as prescribed in “INSTRUCTIONS TO THE TENDERERS.” ii. EMD shall be paid through the e-tendering website www.tenderwizard.com/IRCTC. In case of non submission of the said EMD through e-tendering website, the bid will be summarily rejected. It may be noted EMD of Rs 02 lakhs is to be deposited mandatorily. It may also be noted that EMD deposited in any other account of IRCTC by any other process will not be adjusted and such offers will be summarily rejected.

iii. To participate in the E- Tender, it is mandatory for the bidders to register themselves on the website www.tenderwizard.com/IRCTC without any payment and obtain User ID & password which is required for submitting the tender. It may please be noted for submission of bid, Class- III digital signature is required.

iv. The applicant should upload complete set of documents in support of Eligibility Criteria.

v. Corrigendum/Addendum to this Tender, if any, will be published on website www.irctc.com, www.tenderwizard.com/IRCTC. No newspaper press advertisement shall be issued for the same.

vi. For any difficulty in downloading & submission of tender document on website www.tenderwizard.com/IRCTC, please contact at tenderwizard.com helpdesk no. 011- 49424365 or cell no 8800115628.

vii. The digital signature of the bidder on the E- tender form will be considered as confirmation that the bidder has read, understood and accepted all the documents referred to in the tender documents. It may please be noted that in case of deviation quoted by bidder, offer will be summarily rejected without further correspondence/communication.

viii. The prospective bidders voluntarily agree to the exclusive jurisdiction of Court situated at New Delhi by submitting bids.

ix. No other courts except courts at New Delhi have the jurisdiction to resolve dispute arising out of bid document.

2.0 This E-Tender is based on Two bid system i.e. Technical bid and Financial bid. 2.1 Technical bid –This shall form the basis of ascertaining the Technical and Financial credentials of the tenderer. Eligibility Criteria of technical bid is as under:-

RSD-3 Revision 0 Eligibility Criteria

Sno Technical Criteria Documents required to be scanned and uploaded 1. Should not be Self Declaration Annexure-1C debarred/blacklisted/banned by IRCTC (No change in format /declaration is or Railways or Ministry of Railways/ permissible) other CPSUs/ Govt. Deptt. Mandatory Criteria 2. A) Should have at least two Food and Documents required: Beverages units with production and  Copies of Currently valid (as on date service elements operational from at least of opening of tender ) Food Licenses last 03 years, which only include :- (FSSAI) for both the units. FSSAI certificates for last three years in 1) Catering on trains with Pantry Car favour of both the units. Certificate 2) Catering on trains without pantry should atleast be issued on cars like Shatabdi, Gatimaan Vande 01.01.2017 or before. There can be Bharat, Tejas, Garibrath, Humsafar, more than one certificate for last Double Decker and Janshaatabdi. three years for same unit. 3) Railway Food Plaza,  Copies of Currently valid (as on date 4) Restaurants having seating capacity of of opening of tender) relevant ISO- 50 person or more at a time, certificates of these two units ( in 5) Hotel having minimum 50 rooms and case of trains the ISO of the Base one restaurant, kitchen supplying food to that train 6) Lounge at Airport or Executive will also be considered valid if the Lounge at Railway Stations. ISO for train is not available) 7) Cell Kitchens of Railway Stations. Relevant ISO certificate for food & beverages outlet for last three years NOTE:- Refreshment Room, Jan Aahar, in favour of both the units. Certificate FFUs and TSV trains controlled by should atleast be issued on Indian Railways/IRCTC will not be 01.01.2017 or before. There can be considered. more than one certificate for last three years for same unit.

In case bidders submit credentials of Food & Beverages unit of Restaurant/Hotel, please submit any relevant Government (Central, State or Local body) document (License/ registration certificate etc.) which specifies the seating capacity of restaurants/number of rooms in hotel and presence of restaurant in Hotel. OR  For (B) bidder will submit, B. Should have atleast One 4 star and  Currently valid 4 star or above above Hotel with currently valid certificate issued by Ministry of certificate issued by Ministry of Tourism on date of Tender Tourism on date of Tender Opening. Opening.

RSD-3 Revision 0 Hotel must have atleast one FSSAI  Copy of Currently valid (as on certificate for one unit valid for date of opening of tender) Food atleast 03 years. License (FSSAI) for atleast one unit. Certificate should atleast Hotel must have ISO certificate be issued on 01.01.2017 or valid for atleast last 03 years before. There can be more than one certificate for last three years for same unit.

 Copy of Currently valid (as on date of opening of tender) ISO certificate for atleast one unit. Certificate should atleast be issued on 01.01.2017 or before. There can be more than one certificate for last three years for same unit.

3. Minimum average Annual turnover Following documents shall be submitted (i) Rs. 10.00 crore from catering / (i) Audited Balance sheet and hospitality business in last five financial profit & loss account of the years (2014-15, 2015-16, 2016-17, 2014-15, 2015-16, 2016-17 2017-18 and 2018-19) in India involving 2017-18 & 2018-19 shall be production and sale/service of cooked submitted along with the Bid, food items. scanned and uploaded. ii) Turnover in any of the last five (ii) Certificate from CA (in the financial years mentioned above must not format of Annexure IB that the be less than Rs 5.0 crores. turnover figures for FY, 2014- 15, 2015-16, 2016-17 2017-18 (Sales of beverages such as soft & 2018-19, are reconciled as per drinks, packed items (Chips, Biscuites, VAT/Service Tax /GST returns. Cake etc.,) will be considered as allied Annexure-IB is to be scanned business alongwith main production and uploaded stamped dated and and sale / service of food items. signed by CA. Trader / stockiest / Distributors are not (iii) Certificate of eligible) (Please fill Annexure-IB) Incorporation/registration. This certificate should at least be issued on 01.08.2014 or before. (iv) The applicant shall also submit an affidavit showing the segment wise turnover as per total amount shown in GSTR 3B as per the GSTN including the turnover from Catering & Hospitality business and details of taxes paid in the format Annexure I D. Annexure-ID is to be scanned and uploaded.

RSD-3 Revision 0 4. No. of Permanent Employees Bidder must have 100 permanent employees (05 employees to be diploma/ graduate in Hotel/Hospitality Management from any Govt. recognized institute) on his role on the date of Tender Opening for Rajdhani/Duronto Trains. For Shatabdi trains bidder must have 50 (03 employees to be diploma/ graduate in Hotel/ Hospitality Management from any Govt. recognized institute) permanent employees on his role on the date of Tender Opening . Bidder will submit ESI, EPF documents of these employees for last 06 months from the date of Tender Opening .(Example- if Tender is opened in January Documents of 1st July to 31st December is to be submitted). For the Five/Three employees graduate in Hotel/Hospitality Management bidders should submit certificate of Diploma/Graduation in Hotel/Hospitality Management from any Govt. recognized institute. 5. Net worth Minimum Net worth of minimum of Rs. 2cr. on 31.03.2019. Enclose certificate issued by the Chartered Accountant.

NOTE: 1. There is no need to upload tender documents and corrigendum alongwith bid.

2. The data submitted by the successful bidder, in compliance of the above eligibility conditions shall be subject to verifications by IRCTC itself or through an agency (expert in Forensic audit) appointed by IRCTC, for which all necessary documents shall have to be essentially provided by the bidder, if so required. If the successful bidder is found to be ineligible on such verification, the letter of award will be terminated along with forfeiture of license fee and Security deposit. In such eventuality the successful bidder will also be debarred for 3 years from participating in the future projects of IRCTC.

3. Successful bidder will submit all desired information including printouts of required IT, GST, ESI and PF accounts/passwords if required for forensic audit.

NON SUBMISSION OF ANY OF THE DOCUMENT LISTED ABOVE IN ‘MANDATORY CRITERIA’ WILL LEAD TO SUMMARILY REJECTION OF THE OFFER AND NO CORRESPONDENCE IN THIS REGARD SHALL BE MADE /ENTERTAINED.

RSD-3 Revision 0 Following documents are to be scanned and uploaded with Technical bid:-

I. Form , Annexure –IB , Annexure-IC , Annexure-ID and Annexure-IE are to be stamped, dated and signed.& uploaded

II. All the details/relevant self attested documents as per Eligibility Criteria listed above

Please note:- There is no need to upload tender documents and corrigendum along with bid .

2.2 Financial bid - The E-Tender schedule- Financial Bid (Annexure-D) is to be filled electronically in accordance with the instructions and terms given in this tender document.

3.0 Validity: 3.1 The submission of any offer and documents shall constitute an undertaking that the tenderer shall have no cause for and claim, against the Authority for rejection of the offer. The Authority shall always be at liberty to reject or accept any offer at his sole discretion and any such action will not be called into question and the tenderer shall have no claim in that regard against the Authority. 3.2 The offer shall be kept valid for acceptance for a minimum period of 120 (one twenty) days from the date set for opening of E-Tender. 3.3 Offers shall be deemed to be under consideration immediately after they are opened and until such time the official intimation of award of contract is made by the Authority to the tenderer. While the offers are under such consideration, tenderers and/or their representatives or other interested parties are advised to refrain from contacting the Authority by any means. If necessary, IRCTC will obtain clarifications on the offers by requesting for such information from any or all the tenderers, in writing, as may be considered necessary tenderers will not be permitted to change the substance of their offers after the offers have been opened.

4.0 Evaluation of offers: The entire process of evaluation of the offers shall be in two stages:

4.1 Stage I: The Technical bid of all the offers that are received within the date and time mentioned herein shall be opened after due date and time. The technical suitability of the tenderers shall be evaluated based on eligibility criteria and verification of the document submitted by tenderer with the technical bid. The financial bid of only those tenderers shall be opened who are shortlisted in stage I.

4.2 Stage II: The date and time of opening of the Financial Bid shall be intimated to the shortlisted tenderers and shall be opened at such appointed date and time. Both the bids will be opened electronically and will be immediately available on tender uploading site for viewing to bidders. However, if bidders wish they may remain present at the time of electronic opening of bids at IRCTC, Corporate Office.

4.3 During E-Tender evaluation, the IRCTC may, at its discretion, ask the tenderer for a clarification of its bid. The request for clarification and response shall be in writing. No change in the price or substance of the E-Tender shall be sought, offered or permitted, in response.

4.4 The E-Tenders received will be evaluated by IRCTC to ascertain the highest acceptable BID quoted for individual train mentioned separately in ‟Notice Inviting E –tender”. 5.0 Rates 5.1 The bidders are required to quote a single concession fee without Taxes. Taxes as applicable will have to be paid in addition to the quoted concession fee.

RSD-3 Revision 0 5.2 The concession fee quoted/accepted against this E-Tender shall be valid for a period mentioned in „the contract. 5.3 IRCTC reserves the right to enhance contract period beyond the 5 year period solely for operational reasons on the same rates, terms and conditions 5.4 IRCTC may waive any minor nonconformity, or irregularity in a bid that does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any bidder. 5.5 Prior to the detailed evaluation, IRCTC will determine whether each bid is complete, and is substantially responsive to the bidding documents. For purposes of this determination, a substantially responsive bid is one that conforms to all the terms, conditions and specifications of the Tender Documents without material deviations, exceptions, objections, conditionality, or reservations. A material deviation, exception, objection, conditionality, or reservation is: a. One that limits in any substantial way the scope, quality, or performance of the product/material/stores. b. One that limits, in any substantial way that is inconsistent with the Tender documents, the IRCTC rights or the successful bidders‟ obligations under the contract; and c. One that the acceptance of which would unfairly affect the competitive position of other bidders who have submitted substantially responsive bids.

If a bid is not substantially responsive, it will be rejected by the Authority and may not subsequently be made responsive by the bidder by correction of the nonconformity. The Authority‟s determination of bid responsiveness will be based on the contents of bid itself and any written clarifications sought by the Authority in writing the response to which shall also be in writing and no change in rates shall be sought, offered or permitted.

6.0 Earnest Money: 6.1 Bidders are required to deposit EMD through the e-tendering website www.tenderwizard.com/IRCTC only. In case of non submission of the said EMD, the bid will be summarily rejected. It may be noted that EMD deposited in any other account of IRCTC by any other process will not be adjusted and such offers will be summarily rejected.

6.2 The Earnest Money shall remain deposited with the Authority for a period of 120 days from the date of opening of the E-Tenders. EMD of unsuccessful bidders will be returned after decision of Tender or 120 days whichever is earlier. In case validity of bid is extended, the EMD will remain deposited for extended period.

6.3 No interest shall be payable by the IRCTC on the Earnest Money. 6.4 The Earnest Money of the successful tenderer will be returned after the Security Deposit as required is furnished 7.0 E-Tenders are not transferable. The IRCTC reserves the right to reject any or all of the E-Tenders in part or full at his sole discretion without assigning any reasons. 8.0 The tenderers must ensure that the conditions laid down for submission of offers detailed in the preceding paras are completely and correctly fulfilled. E-Tenders, which are not complete in all respects as stipulated above, may be summarily rejected.

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9.0 Ceiling Limit for Trains:

Ceiling limit of 15% (tender deciding sequence as per the list given below) per Licensee has been fixed for all RSD trains as per Sr. number wise given below. Bidders are informed to quote the bids by taking care of the above ceiling limit. After ceiling limit of a firm is exhausted, offer of that firm for succeeding trains (tender deciding sequence as per the list given below) will not be considered and declared technically unsuitable.

Note: -

1. This ceiling limit will be applicable only for contract of 5 year or more. Temporary contracts for regular train Spl. Trains or any other short duration train will not be counted for ceiling limit. SBD contracts or renewed SBD contracts or any other contract still running will not be the part of ceiling limit. Thus ceiling limit will only be applicable for trains tendered now onwards for duration of 05 years or more. 2. In Tejas/Gatiman/ Vande Bharat and IRCTC run trains, the above ceiling limit will not be applicable. These trains will not be counted for purpose of ceiling limit calculation. 3. For calculation of no. of trains as per ceiling limit for a particular licensee any digit in point will be rounded off as per mathematical convention. For example, 2.5 and above will be considered as 3 and less than 2.5 as 2. 4. The ceiling limit for each category will be decided on date of tender opening. Similarly ceiling limit of Licensee will also be considered on date of tender opening. 5. For calculation of trains allotted to a particular licensee as per ceiling limit all long term contract being operated by that licensee on date of tender opening will be considered. If licensee surrenders one train, this train will be counted on his quota till the train is handed over to other licensee. 6. If a surrendered long term contract train is handed over to a new licensee on the date of opening of a particular tender, this train will be removed from the quota of licensee who have surrendered the train and will be added in the quota of new licensee for decision of that particular tender. For the purpose of calculation day will be calendar date upto 24 hrs of that day.

Provisional Sequence of trains for decision of tenders:-

Sn Train No. Train Name

1 22691-92 SBC-NZM Rajdhani 2 12239-40 Jaipur Duronto 3 12273-74 HWH-NDLS Duronto 4 12223-24 LTT-ERS Duronto Exp. 5 12957-58 ADI-NDLS Rajdhani Exp 6 20839-40/12453-54 RNC-NDLS Rajdhani 7 12245-46 HWH-YPR Duronto 8 22201-02 SDAH-PURI Duronto 9 12007-08 MYS-MAS Shatabdi

RSD-3 Revision 0 10 12259-60 SDAH-NDLS Duronto 11 12261-62/12221-22 HWH-CSTM/PA Duronto 12 12269-70 MAS-NZM Duronto 13 12281-82 BBS-NDLS Duronto 14 12441-42 BSP-NDLS Rajdhani Exp 15 12285-86 SC-NZM Duronto 16 12027-28 SBC-MAS Shatabdi 17 12301-02/12305-06 HWH-NDLS Rajdhani 18 12313-14 SDAH -NDLS Rajdhani Exp 19 22221-22 CSTM-NZM Rajdhani 20 12227-28 BCT-IND Duronto Exp 21 12951-52-53-54 BCT-NDLS Rajdhani 22 12085-86/12087-88 DBRG-GHY-NHNL Shatabdi 23 12309-10 RJPB-NDLS Rajdhani 24 12025-26 PA-SC Shatabdi 25 22413-14 NZM-MAO Rajdhani 26 12243-44 MAS-CBE Shatabdi 27 20501-02 AGTL-ANVT Rajdhani Exp 28 12219-20 SC-LTT Duronto 29 22207-08 MAS-TVC AC Exp 30 12277-78 PURI-HWH Shatabdi

31 12847-48 HWH-DIGHA AC Express

32 12013-14 NDLS-ASR Shatabdi Express 12047-48 FZR-NDLS Shatabdi 33 12137-38 CSTM-FZR Punjab Mail 12213-14 YPR-DEE Duronto 34 22677-78 YPR-KCVL Express 12293-94 LTT-ALD Duronto 35 22115-16 LTT-KRMI Express **This list may change. As mentioned above ceiling limit will be decided on date of tender opening.

10.0 Withdrawl of Bids-

10.1 If Bidder withdraws its bid before opening of tender by uploading the letter in e- tender site, EMD of bidder will be refunded if already deposited.

10.2 If bidder withdraws its bid before opening of Financial bid in writing and the letter is uploaded in the tender site before opening of Financial bid, EMD of bidder will be forfeited.

10.3 If bidder withdraws after opening of Financial bid EMD of bidder will be forfeited. In such cases if bidder becomes highest bidder after opening of Financial bid, action will be taken as per ‘General Conditions of License, Section –one’.

RSD-3 Revision 0 10.4 In case of withdrawal of offer (bid) as mentioned above for one train / more trains, full EMD will be forfeited.

11.0 Discrepancies: Should there be any difference or discrepancy in the description of item appearing at more than once, the following order of preference shall be observed: 1. Notice inviting E-Tender 2. Instructions to the Tenderers 3. Financial bid 4. Technical bid 5. A-General Information 6. B- General conditions of license Section –One and Section –Two

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Annexure 1A-Deleted

RSD-3 Revision 0 Annexure-‘IB’

Certificate duly certified by Chartered Accountant Letter Head of Chartered Accountant

This is to certify that turnover of M/s ______having its office at ______from catering / hospitality business as mentioned below is duly reconciled with VAT / Service Tax/GST returns in last Five financial years (, 2014-15, 2015-2016, 2016-2017 , 2017-18 and 2018-19) in India. This turnover is from units which undertake production and sale/service of cooked food items.

Sales of beverages such as soft drinks, packed items (Chips, Biscuites, Cake etc.,) will be considered as allied business along with main production and sale / service of food items.)

Turn Over from catering and hospitality business (In INR) Year (2014- Year(2015-16) Year(2016-17) Year(2017-18) Year(2018-19) 15)

NOTE:- (i) For establishing the eligibility of bidder as per of Eligibility Criteria, turnover of last five financial years i.e., 2014-15, 2015-2016, 2016-2017 ,2017-18 and 2018-19 will be taken.

(ii)The above turnover should not include the business as Trader/ Stockist/Distributor

(iii) The above turnover should not include inter unit transfer (Stock transfer sale)

Signature of the Chartered Accountant Name of the chartered Accountant Name of the firm Seal Membership NO. e-mail id. UDIN No. Date

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Annexure-‘IC’

Self Declaration

I, ………………….., S/o Sh. ………………………, aged about …………years, Prop/authorized signatory of………………………………… do hereby solemnly affirm and declare as follows:- 1. I say that I am an authorized signatory of the company/firm………………………….and hence competent to sign and swear this self declaration.

2. That the company/firm namely…………………………..has not been debarred/blacklisted/ banned by IRCTC or Railways or Ministry of Railways/other CPSUs/Govt. Deptt.

3. That I undertake to inform IRCTC about any ban or blacklist imposed by IRCTC/Railway/Ministry of Railway in future and understand that the award shall be kept in abeyance for the period of ban/blacklisting.

4. That the self declaration is given for participation in tender process with IRCTC.

Signature of the bidder

Seal

Date

( Please note- No change in format/declaration is permitted)

RSD-3 Revision 0 Annexure-‘ID’ AFFIDAVIT

I, ………………….., S/o Sh. ………………………, aged about …………years, Prop/authorized signatory of………………………………… do hereby solemnly affirm and declare as follows:- 1.0 I say that I am an authorized signatory of the company/firm………………………….and hence competent to sign and swear this affidavit. 2.0 I hereby submit the following turnover and tax deposited & duly reconciled with returns of Service Tax/VAT/GSTR-3B on pan India basis for the FY 2017-18 and 2018-19.

2017-18 2018-19 S.N Segment Turnover Turnover Turnover Total Total Turnover Total reported in reported in reported in Turnover Taxes reported in GST Service Tax VAT GSTR 3B reported Deposited GSTR 3B Deposite Return Returns Returns for the for the Returns( d for the (01.4.2017 to (01.4.2017 to (01.7.2017 year year 2017- 01.04.2018 year 30.6.2017) 30.6.2017) to 2017-18 18( Net of 31.3.2019) 2018-19( 31.3.2018) ITC Net of Claimed) ITC Claimed) Production and Sale / Service of Cooked 1 Food Sale of Packed Items( Chips, PDW, Sof 2 Drinks etc.) Turnover from Tourism 3 business, if any Turnover from Trader/ Stockiest/Distri 4 butors business Turnover from Inter unit 5 transfer Turnover from other business segment which is not included 6 above NOTE: 1) If the bidder has opted for composite scheme, then the figure shall be provided as per turnover reported in submitted GSTR4. 2) If the bidder has not reported turnover of cooked food and sale of PAD items separately in GST3B he may submit the consolidated turnover figures in SN 1 in Turnover reported in GSTR 3B Returns column.

Verification

I, the above named Deponent do hereby solemnly affirm and state that the contents of this affidavit are true and correct and no part of it is false and nothing material has been concealed there from. Verified at New Delhi on this day of ______, 20…../…….. DEPONENT

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Annexure-1E

DECLARATION

I M/s Partnership firm/company/Individual address______do hereby declare that in case of my selection, I will submit the necessary documents as declared below within a week of award of contract. In case of failure to submit the above documents, I understand that the award of contract will be null and void and IRCTC shall be free to take action against the bidder as deemed fit.

S.NO General Information To be filled Related document to be submitted after selection 1 Name and full address of the Address proof-Agreement applicant with telephone no copy/registration copy/telephone and email address and name of bill in the name of vendor the contract person 2 Status of the applicants:- 3 In case of company Certificate of incorporation/Article of association 4 In case of partnership firm Registration of partnership deed under partnership act 1932 5 In case of proprietorship/ Registration certificate from any individual business statutory authority 6 PAN No/ESI/PF/GST PAN No- Copy of PAN card ESI No Copy of ESI registration certificate EPF No Copy of EPF registration certificate GST Reg. no (state Copy of GST (state-wise) wise) registration certificate

Signature of the authorized signatory of bidder

Seal

Date

RSD-3 Revision 0 1. GENERAL INFORMATION

1.1 The details of the train are enclosed as Annexure- B. 1.2 Sector wise catering services and applicable catering charges for each service at Annexure – C 1.3 Financial bid format is enclosed at Annexure- D. 1.4 The details of the rates of sponsored items, to be deducted from the running bills, are at Annexure- E 1.5 General Conditions of the license are enclosed as Annexure- F. 1.6 Format for occupancy certificate is enclosed at Annexure- G. 1.7 Railway Board Circular No.32/2014 & CC 60 of 2019 is enclosed as Annexure – H . 1.8 Agreement towards Waiver under Section 12(5) and Section 31-A (5) of Arbitration and Conciliation (Amendment) Act- Annexure- I 1.9 Details of menu is a Annexure-J- DELETED 1.10 The level of complaints and applicable penalties are placed at Annexure – K 1.11 Deployment of staff shall be as per CC 60 of 2010 issued by Railway Board placed at Annexure – L 1.12 Drawing and Specification of service trolley is placed at Annexure –M(i) & M(ii) 1.13 Suggested design & dimensions for Bagasse tray is placed at Annexure-N(i) & N(ii). 1.14 Suggested specification of staff Uniform is placed at Annexure-O

2.0 SCOPE OF WORK

2.1 Catering services The licensee is required to provide catering services free of cost to the and Menu & Rates passengers as per the instructions contained in Railway Board Circular No.32/2014 & Circular no. 60/2019 which is enclosed as Annexure - "H" (Except Menu contained in CC 32 /2014 and except welcome drink mentioned in para 1.5 of CC 32 / 2014.) The sector wise catering services to be provided to the passengers, along with catering charges payable are enclosed as Annexure- "C" Part-III. The menu and sector wise services are subject to revision by IRCTC & Railways from time to time.

No passengers shall be denied any service for which She / He have pre- booked and paid for.

For passengers who have opted out at the time of booking and later decide to avail the service on board the licsensee provide food after charging Rs 50/- extra (as per Railway Board letter no. 2015/TG-III/631/4 Dt 13.03.2018) along with meal charges to be provided giving them proper invoice for the same.

2.2 Rotation of Menu as The dishes to be served from the prescribed menu may be subject to per CC 60 of 2019 change after every 15 days, i.e.1st and 16th of every month. The change shall be intimated to the licensee by IRCTC by 20th and 5th of the month to the licensee.

2.3 Supply of baby food The Licensee is required to provide baby food, free of charge, to infants less than five years of age. 2.4 Additional catering Licensee will provide additional catering services due to late running of services due to late the train for more than 02 hours or other emergencies etc. as per Railway running etc. Board Circular No.32/2014 which is enclosed as Annexure - "H". The additional meal services shall be provided free of cost to the passengers. Charges for additional meal will be payable without deduction on maximum charges payable by IRCTC. Branded RTE food packets also may be served during late running of trains and the charges will be

RSD-3 Revision 0 reimbursed as per the rates prescribed below for late running Breakfast/meals. Service Items to be served Revised Tea/Coffee  Biscuits in 2 Nos (Marie/Brands 08.00 approved by CCMs).  Tea/coffeekit* Breakfast/Even 4-Breadslices (brown/white) (big 30.00 ing Tea slice)  1-Butter chiplet (8-10 grms)  1-Fruit drink in tetrapack (200ml.)  Tea/coffee kit* Lunch/Dinner  Rice (200 grms) 30.00  Dal (100 gms) (yellow Dal/Rajma/Cholley)  Pickle sachets (15 gms) OR  7Poori (175 gms)  Mix Veg/ Aloo Bhaji (150gms)  Pickle sachets(15gms)  Salt & pepper sachet(each *Tea Coffee Kit:  (1-No) Sugar/sugarfree sachets-7gms  (1-No)tea bag/coffee-1.5-2gms  (1-No) Milk creamer sachet-(5gms) 2.5 Supply of The IRCTC shall supply duly packed Breakfast / Lunch/Evening Tea Lunch/Dinner by Dinner in nominated stations as per Annexure C (Part II) as per menu IRCTC from its own /authorized base kitchens in en-route stations for 2A/3A/SL Classes in Rajdhani / Duronto trains and in all classes in Shatabdi trains. Licensee will be required to depute its representatives to pick-up meal from designated IRCTC units (transportation by IRCTC) for which an indent for number of meals required, along with veg. and non veg. break up, must be placed to the designated officials. The indent for meals must be placed minimum 6 hours before the schedule departure of the train at the said station

On picking up of meals (Breakfast / Lunch/Evening Tea/Dinner) based on the time gap between pick up and service, the licensee will properly preserve the food in mini pantries and serve at appropriate time ensuring due temperature and quality of the food.

Licensee will be paid service charges at the 30% of the tariff plus taxes after deducting license fee of 15% for service of dinner/lunch supplied by IRCTC units. Licensee shall be responsible for provision of other services, including arrangement for meals/snacks etc., as required to be provided during the course of journey, Service provider should have necessary stock of provisions for services during emergencies viz., diversion / late running of trains etc. IA meals (Breakfast/Lunch/Evening Tea /Dinner) in Rajdhani/Duronto trains shall be provided by the licensee for which charges will be reimbursed as per Annexure "C" part III after deduction of LF @15%. Morning Tea for all classes shall be provided by the licensee for which charges will be reimbursed as per Annexure"C" part III after deduction of LF @ 15%.

RSD-3 Revision 0 2.6 Provision for The casseroles packed/ bio degradable meal tray shall be supplied from onboard meals from IRCTC designated Base Kitchens as per Annexure C (Part II). All other IRCTC Kitchens items necessary for service to all classes of passengers, as per the guidelines, shall be arranged by the Licensees viz., necessary service gears & equipments including disposables viz. service trays, paper napkins, tray mat, paper cup, thermo flask etc. for provision of onboard services of meals to passengers travelling in all classes of train. Licensee shall also ensure availability & usage of necessary numbers of crockery, cutlery, glassware & service equipments & all other block stock, as may be required, for service of onboard catering services to passengers, Depending on the expected time gap between production and service, food may sometimes be supplied in bulk and necessary arrangement for packing and storage onboard should be made by the Licensee. For service of Tea/ Coffee in unbundled Breakfast & Evening Tea IRCTC will supply Tea/coffee kits. Licensee will make arrangement for supply of hot water in flasks.

2.7 Short supply of There may be instances where number of passengers travelling in train (a) meals from exceeds the number of meals supplied by kitchens. In such a situation IRCTC/Railway Service Provider shall provide meals to passengers by preparing the same Kitchens in the pantry car. Charges as per the Annexure "C" part III after deduction of LF @15% will be reimbursed based on the certificate of TS. In case of wastage of meals supplied by IRCTC due to the fault of the licensee/ licensee staff cost of such wastage will be recovered by IRCTC. 2.8 Modification/ The menus given are prescribed minimum menus and can be improvement in modified/improved with the approval of IRCTC from time to time. menu and charges Similarly, the charges payable may also be revised in case of additional payable items introduced or due to change of policy. 2.9 Supply of sponsored On getting sponsorship for various items, IRCTC will supply sponsored material by IRCTC disposable and other service material to be used for providing onboard catering services in the train. These items are paper cups, tray mats, menu cards, thermos flasks, paper napkins etc. Convenience charges on account of supply of sponsored items shall be deducted from the running bills, as per charges mentioned in Annexure- "E".

The above sponsored material will be supplied at originating/destination stations. 2.10 Supply of Licensee is required to supply newspaper to the passengers, in newspapers morning/evening, as per the directives of IRCTC. The prescribed rate payable to licensee for provision of supply of newspaper per passenger is @ MRP rates or as agreed by Zonal Railway and as certified by onboard supervisor and TS

2.11 Supply of packaged It is mandatory for the Service Provider to supply Rail Neer (Packaged drinking water Drinking Water – 1000 ml) chilled at free of cost @ one bottle for every („Rail Neer‟) 20 hrs of journey. In case of late running of trains if the total journey exceeds 20 hrs a second bottle shall be served to the passengers free of charges. Charges as applicable shall be reimbursed by IRCTC The Service Provider will be responsible for storing, cooling, and distributing „Rail Neer‟ to the passengers. The prescribed charges payable to Service Provider for provision of supply of Rail Neer (Packaged Drinking Water – 1000 ml) is @Rs.15/-. The rates are subject to change as per advice of IRCTC. Details of Rail Neer supply points for these trains(as applicable), for both directions, are given in Annexure C Part II:-

RSD-3 Revision 0 2.12 Rates for supply of Rail Neer to the Service Provider will be provided by IRCTC at the rates Rail Neer mentioned in Annexure C Part -III: - The above rates are subject to change from time to time as revised by IRCTC. 2.13 Supply of Rail Neer In case of non availability/ inadequate supply of Rail Neer by IRCTC: - Service Provider will be permitted to supply packaged drinking water of approved brands from time to time for which he should inform IRCTC Central / Zonal Control offices, as the case may be, before the departure of the train. E-Mail IDs of IRCTC Control offices are : - Central Zone [email protected] 011-23345300 Control North Zone [email protected] 011-23322147 Control East Zone [email protected] 033-26381743 Control West Zone [email protected] 022-22632484 Control South Zone [email protected] 044-28365031 Control South Central controlsouthcentralzone@irctc. 040-27800648 Zone Control com

2.14 Standards of The Licensee is expected to provide on-board services of high standard services with regard to quality, hygiene and presentation as per menu, sector wise and service wise, prescribed. Adequate spare stock of crockery and cutlery will be maintained by Service Provider. Meals duly packed should be picked up from base kitchens in covered condition and will be served through staff of Service Provider after adequate heating/cooling in the mini pantries. For the passengers of Executive class, the services will be more personalized through high quality crockery, cutlery, napkin etc. 2.15 Up gradation of Services 2.15 Use of Service Licensee shall ensure use of trolleys for service in CC/EC coaches in (a) trolley Shatabdi trains within 15 days from the date of commencement of services Design and specifications of trolley are enclosed as Annexure –M, Staff Uniform The Service provider shall provide distinctive uniform comprising of 2.15(b) trouser, Shirt, Cap, Shoes, white hand gloves and aprons to the service staff. For winter suitable pullover/coat is to be provided. The colour and specifications of the uniform are placed at Annexure-O. It is mandatory that the staff must serve in full uniform from the date of commencement of services. One set of uniform except shoes and cap is not to be used for more than 24 hrs. (i) To ensure change of apron two different colours of aprons to be used. Service provider shall provide two aprons of different colours per day to the service staff. One apron shall be put on for Morning Tea, Breakfast and Lunch and apron of different colour shall be worn for evening tea and Dinner. However color of apron for all service staff at a time shall be same. (ii) Each service staff must have Name plate, No tips badge displayed prominently ID card must always be available with the service staff.

Transport/Transship All food at the loading stations has to be transshipped / transported in fully 2.15(c) ment of Food covered battery operated vehicles (e-Carts) by licenses. Transport of food in stations in wooden/ iron hand pulled carts /trolleys is strictly prohibited.

RSD-3 Revision 0 Provision of Hand One sachet of hand sanitizer (1 ml) to be provided to each passenger with 2.15(d) sanitizer to the each meal (Break fast , Lunch, Evening snack and Dinner). passengers 2.15(e) Packaging Crockery, cutlery, napery and other service wares used on the train are conditions required to be of good quality and to be specifically approved by the IRCTC. Above item meant to be hygienically cleaned. IRCTC reserves the right to prescribe packaging material/conditions from time to time. IRCTC logo should be prominently displayed. 2.15(f) Use of Bio- 1. Licensee shall introduce compartmentalized Bagasse trays in place of degradable Al Casseroroles within 30 days of LoA in 2A/3A/EC/CC classes and packaging within 60 days of LoA in all other classes. Specifications are given at Annexure - N(i) & N(ii).

2.16 Occupancy The Service Provider should get occupancy of the train certified from certificate from Train Superintendent on each trip, coach and class wise. Train The occupancy certificate should clearly indicate number of Rail Neer Superintendent Bottles supplied and no. of newspapers and MRP as well. Format for occupancy certificate is enclosed at Annexure- "G". These certificates are required to be furnished by the licensee while submitting the bills in triplicate to IRCTC for payment. 2.17 Payment to the Payment for the on-board catering services will be made by IRCTC to the Licensee Licensee on the basis of the number of passengers served over different pairs of stations after deducting license fee of 15% from the tariff rates (Annexure- "C" Part-III). Charges for Rail Neer & Newspaper will be paid without deduction of license fee. The Licensee shall submit bills for onboard services on fortnightly basis and the licensee along with certificates of the Train Supdt. for bills to be entertained IRCTC will make necessary statutory deductions of tax at source and any other deduction in respect of the onboard catering services. 2.18 Point of Sale (PoS) Adequate no of Hand held billing machines should be made available in Hand held device the train for generation of e-bills and receipt of payment from such for Billing passengers who have opted out at the time of booking and later decide to avail the services onboard. Use of IRCTC Use of approved Menu / Brands is mandatory and use of any other brand 2.19 Approved Brands is strictly prohibited. In exigencies if any unapproved brand is used due to non-availability of approved brands, prior intimation should be given to Central control with reasons. 2.20 Use of Coloured Green & Red coloured service trays shall be used for service of Veg and Service trays Non-Veg meals respectively.

2.21 Passenger In cases of established passenger complaints, the penalty shall be imposed Complaints as per Annexure-K 2.22 Incentive Scheme In such cases, where the services by the license have been complaint free, if number of established public complaint are less than 0.003% of no. of services(meals) provided by licensees (Annexure-K) during the currency of contract, 5% of concession fee quoted for one year will be paid to licensee after completion of every year by IRCTC, As an incentive. No incentive shall be given on established serious public complaints shown in Annexure –K. 2.23 Registration in The service provider is to abide by the provisions of Payment of Wages Karamchari Kalyan Act & Minimum Wages Act in terms of clause 54 and 55 of Indian Portal Railway General Condition of Contract. In order to ensure the same, an application has been developed and hosted on website 'www.shramikkalyan.indianrailways.gov.in'. The Manpower service

RSD-3 Revision 0 provider shall register his firm/company etc. and upload requisite details of labour and their payment in this portal. These details shall be available in public domain. The Registration/ updation of Portal shall be done as under:

1. Licensee shall apply for onetime registration of his company/firm etc. in the Shramikkalyan portal with requisite details subsequent to issue of Letter of Acceptance. Nominated nodal officer of IRCTC shall approve the contractor's registration on the portal within 7 days of receipt of such request.

2. Licensee once approved by nodal officer, can create password with login ID (PAN.No.) for subsequent use of portal for all LoAs issued in his favour.

3. The Licensee once registered on the portal, shall provide details of his Letter of Acceptances (LoA) / Contract Agreements on shramikkalyan portal within 15 days of issue of any LOA for approval of concerned nodal officer. Acceptances LoA for approval of concerned nodal officer. The concerned nodal officer shall update (if required) and approve the details of LOA filled by contractor within 7 days of receipt of such request.

4. After approval of LoA by nodal officer, contractor shall fill the salient details of contract labours engaged in the contract and ensure updating of each wage payment to them on sharmikkalyan portal on monthly basis.

5. It shall be mandatory upon the contractor to ensure correct and prompt uploading of all salient details of engaged contractual labour & payments made thereof after wage period.

While processing payment of any 'On Account bill' or 'Final bill' or release of 'Advances' or 'Performance Guarantee/ Security deposit', contractor shall submit a certificate to the Corporation/concerned nodal officer that "I have uploaded the correct details of contract labours engaged in connection with this contract and payments made to them during the wage period in Railway's Shramikkalyan portal at 'www.shramikkalyan.indianrailways.gov.in' till______Month,______Year."

THE STAFF ENGAGED FOR SERVICE AGAINST WHOM MEDICAL CERTIFICATES AND TRAVELLING AUTHORITY HAVE BEEN ISSUED TO LOGGED/REGISTERED IN KARAMCHARI KALYAN PORTAL AS MENTIONED ABOVE.

3. INFRASTRUCTURE FOR PRODUCTION AND DISTRIBUTION

3.1 Adequate IRCTC will supply food from nominated base kitchens en-route as per infrastructure Annexure C Part II. For other services the licensee will be required to provide details of base kitchens en-route from where the meals shall be picked up by the licensee.

RSD-3 Revision 0 3.2 Kitchen Such kitchens as mentioned above by the licensee shall be FSSAI Infrastructure Compliant. Such kitchens have to be ISO 22000 :2005 certified within 06 months of commencement of service . These kitchens shall be installed with CCTV Cameras and its linkage to IRCTC will be ensured.

Cost of running and maintenance of live streaming will be borne by licensee. 3.3 Provision of Food IRCTC shall deploy Food Safety Supervisors in the above mentioned safety supervisors in kitchens of licensee to monitor compliance of food safety related aspects Licensee managed and hygiene. FSS shall have authority to conduct food safety audit, kitchens collect samples for testing and suggest corrective measures to ensure safe service of food. Licensee shall comply with the guidelines issued by FSS on day to day basis. Non compliance of the same shall amount to default and would attract relevant penal provisions.

RSD-3 Revision 0 Annexure- "E"

Supply of material by IRCTC

S.No. Items Convenience Charge (excluding GST)Rates payable by Service Provider per piece (Rs.) 1. Paper cups 0.30 2. Tray mat – for meal tray 0.20 3. Tray mat – for morning tea/soup 4. Menu cards 4.00 5. Thermos flask 25.00 6. Paper napkin 0.05

Note – Other items which are not included above will be supplied/provided by IRCTC as per mutually agreed charges.

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Annexure –F

GENERAL CONDITIONS OF LICENSE SECTION – ONE

GENERAL PROVISIONS

1. DEFINITIONS

IRCTC Shall mean „Indian Railway Catering and Tourism Corporation Ltd.‟, a Government Company incorporated under Companies Act 1956. License fee As Defined in article – 2.1 – Section Two Party Shall mean either the IRCTC or the Licensee. Day Shall mean a calendar day. Force Majeure Shall mean an exceptional event or circumstance: which is beyond a Party‟s control; which such Party could not reasonably have provided against before entering into the License; which, having arisen, such Party could not reasonably have avoided or overcome; one which is not substantially attributable to the other Party. Interpretation Words importing persons or parties shall include firms and organizations. Priority of The documents forming the License are to be taken as mutually Documents explanatory of one another. If an ambiguity or discrepancy is found, the IRCTC shall issue necessary clarifications to the Licensee. Jurisdiction The award of License will be governed by the Jurisdiction of Courts situated in the state of Delhi only. Meals The term meals include Breakfast, Lunch, Evening Snacks and Dinner as per the prescribed Menu (CC-60 of 2019)

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2. FINANCIAL TERMS AND CONDITIONS

2.1 Concession Quoted concession fee for 01 year plus applicable taxes is to be deposited by fee and the successful bidder within 07 days of issue of Letter of Award. Thereafter Security concession fee is to be deposited yearly at least 01 months before due date Deposit (Example- if contract is commissioned on 20th August 2019 the next concession fee is to deposited before 19th July 2020 and next installment on 19th July 2021 and so on). Non payment of installment of concession fee with above time limit will attract initiation of termination proceedings.

Security deposit of 10% of concession fee of 05 years i.e. equivalent to concession fee of 06 months will also be deposited by successful bidder within 07 days of issue of Letter of Award. 2.2 Refund of The Security Deposit will be refunded on normal expiry of the contract Security including extensions given, if any without interest by the IRCTC on peaceful Deposit vacation of the pantry car/railway premises by the Licensee, after clearance of all outstanding including fines, damages or arrears arising out of the use of pantry car/railway premises by the Licensee. 2.3 Payment of The Licensee shall pay his other charges such as conservancy and municipal other charges taxes etc. on actual cost basis as and when they are due to the appropriate by the authorities. In case of default, in payment of any dues, IRCTC reserves the Licensee right to recover the pending amount by deducting it from the Security Deposit/any other amount payable to the licensee. It will also charge an interest of 12% per annum for the number of days in default until the balance pending payments are cleared 2.4 Recovery of IRCTC reserves the right to recover any outstanding dues from the licensee outstanding by adjusting the same against any amount/security of the licensee or any amount amount payable to the licensee either under this contract or any other contract. 2.5 Mode of Security Deposit shall be payable through payment of 1. Demand Draft/Banker‟s Cheque / drawn at Delhi in favour of Indian SD Railway Catering and Tourism Corporation Limited. 2. FDR hypothecated in name of IRCTC.

**Cheques will not be accepted.

RSD-3 Revision 0 2.6 Mode of Concession fee shall be payable to concerned IRCTC/zone through Demand payment of Draft/Banker‟s Cheque/RTGS/NEFT drawn at ------in favour of Indian Concession Railway Catering and Tourism Corporation Limited. fee NEFT/RTGS detail as under -

NEFT/RTGS detail of concerned zones is as under – 1. North Zone

Account Name Indian Railway Catering & Tourism Corporation Ltd. Account Number 00030310005433 Account Type Current Bank Name HDFC BANK Branch 209-214, KAILASH BUILDING 26, KASTURBA GHANDHI MARG, NEW DELHI -1100001 IFSC Code HDFC0000003 **Cheques Will not be accepted 2. East Zone

Account Name Indian Railway Catering & Tourism Corporation Ltd. Account Number 012102000012193 Account Type Current Bank Name IDBI Ltd. Branch Park Street , Kolkatta IFSC Code IBKL0000012 **Cheques Will not be accepted 3. South Zone

Account Name Indian Railway Catering & Tourism Corporation Ltd. Account Number 00040310002843 Account Type Current Bank Name HDFC Bank Branch Annasalai Branch IFSC Code HDFC0000004 **Cheques Will not be accepted

RSD-3 Revision 0 4. South Central Zone

Account Name Indian Railway Catering & Tourism Corporation Ltd. Account Number 00210350000387 Account Type Current Bank Name HDFC Bank Branch Lakdikapul, Hyderabad IFSC Code HDFC0000021 **Cheques Will not be accepted 5. West Zone

Account Name Indian Railway Catering & Tourism Corporation Ltd. Account Number 00600310003749 Account Type Current Bank Name HDFC Bank Branch Fort, Mumbai IFSC Code HDFC0000060 **Cheques Will not be accepted

3. PERIOD OF LICENSE 3.1 Total tenure of Term of license will be for a period mentioned in „ Notice Inviting e- license tender‟ from the date of commencement of services In case of exigency, the Licensee shall continue to provide catering services in the train on payment of pro-rata concession fee and at the sole discretion of IRCTC.

3.2 Commencement After selecting the successful Bidder, the IRCTC shall issue a Letter of of the License Award (LOA) to the Selected Bidder. On receipt of the LOA, the successful bidder shall submit letter of acceptance in the prescribed format along with Security deposit & advance concession fee within 7 days from the date of LoA. Services should be commenced within 7 days from the date of payment of SD & concession fee., Failure of the successful Bidder to adhere to the above timelines shall be regarded as a breach of terms and conditions contained in this Bid Document and render him liable for termination of license, forfeiture of Earnest Money Deposit, and debarment from participating in the future projects of IRCTC for a period of two years. 3.3 Exit from the There shall be a lock-in for a period of 01 year from the date of license - commencement of services during which there shall be no exit by the Licensee licensee. After completion of 01 year, Licensee can exit from the license by giving 06 months prior notice without assigning any reasons. 3.4 Exit by If the licensee exits by giving 06 months notice period after locking Licensee period, Security deposit will be forfeited by IRCTC. Proportionate concession fee for the balance period of license shall be refunded after adjusting outstanding if any. 3.5 Exit by IRCTC IRCTC may exit from the license at any time after commencement of services by giving 2 months notice in which case the SD, balance proportionate concession fee will be refunded after adjusting outstanding if any.

RSD-3 Revision 0 3.6 Termination of Notwithstanding anything contained above the IRCTC may terminate the license for poor license for poor performance, breach of terms and conditions of the performance license, nonpayment of concession fee as per schedule and nonpayment of charges of meals supplied in unbundling model by giving 15 days notice. 3.7 Exit by licensee Exit by licensee without notice shall be treated as breach of terms and without notice conditions and License will be terminated with forfeiture of all deposits, concession fee besides debarment for a period of one year.

4. SUBMISSION OF BIDS 4.1 IRCTC reserves the IRCTC reserves the right to terminate the bidding process at any stage right to terminate the and will not be responsible for any loss or damages which the bidder bidding process may incur in the process. The Bids can be rejected without assigning any reason. 4.2 Bids not to be Conditional / telegraphic Bids shall not be entertained. Bids received entertained late will not be entertained. 4.3 Change in Bid The Bids once submitted would be binding on the Party and any subsequent alteration/amendment will not be entertained. 4.4 Signing and Digitally signed and submitted E bid will be considered as stamping of bid confirmation that the bidder has read, understood and accepted all the document documents referred to in the tender document. 4.5 Withdrawal of bid Please refer „Instructions to Tenderers‟ 4.6 Corrupt or If the Licensee has engaged in corrupt or fraudulent practices, in Fraudulent Practices competing for or in executing the License, the Licensor may, after giving 14 days notice to the Licensee, terminate the License. For the purpose of this Sub-Clause: “corrupt practices” means the offering, giving, receiving or soliciting of anything of value to influence the action of a public

official in the procurement process or in License execution; “fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a License to the detriment of the Licensor, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non competitive levels and to deprive the administration of the benefits of free and open competition. 4.7 Award of License to In case the existing Licensee is the successful bidder, the award of the Existing license shall be subject to the clearance of outstanding and payable Licensee against IRCTC/Railways. 4.8 Non acceptance of In case the successful bidder fails to accept the offer of award of award License along with payment of security deposit and concession fee, within the stipulated time as advised by IRCTC, the license shall be terminated along with forfeiture of EMD. Further, he will be debarred from participating in the bidding process of future projects of IRCTC for a period of two year. 4.9 Validity of bids The financial bids submitted by the bidders will remain valid for one hundred twenty (120) days from the date of submission of the bid.

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5. OBLIGATIONS AND RIGHTS OF LICENSEE

5.1 Certificates/ permissions Licensee will obtain necessary certificates/permissions as required by law such as FSSAI License, or as required as per the local regulations from the competent authorities. In case of any offense on the licensed premises Licensee will be solely responsible for its penalty and consequences. 5.2 Distribution of Menu The Licensee shall carry sufficient numbers of approved menu cards cards & offer the menu cards to the passengers on demand for the information of the passengers. The menu shall be revised, from time to time, as per the approval of IRCTC. 5.3 ID cards to the staff of Licensee will issue ID cards to their staff. List of staff along with licensee copies of ID cards will be made available to IRCTC zonal office and an updated list is to be submitted on monthly basis. In places where zonal Railways have prescribed a policy for issue of ID cards the same shall be adhered to by the licensee. 5.4 Sale of items with The Licensee shall not sell any items. Unauthorized sale, if IRCTC‟s approval detected, by IRCTC or its/his authorized representative/official .Same shall be seized and disposed off as per policy of IRCTC in addition to imposition of penalty. 5.5 Provision of services to Passengers who opted „No Food‟ at the time of booking and passengers who opted decide to purchase after commencement of journey they should be „No food‟ at the time of provided services by collecting Rs 50/- extra per meal. RTE meals booking of reputed brands shall be offered to passengers on MRP With Rs. 50 extra as per the extant instructions of Board.

Tax Invoices should be issued to the passengers for all such services For this purpose required, no of PoS machines with pre installed soft ware to be procured by the licensee and made available in the pantry car 5.5 (a) Calculation of LF /CF in Definition of OPT Out:- “In prepaid trains while booking the case of Change of tickets it is permitted to passengers to „OPT OUT‟ of food during average Opt out journey. In such cases passengers does not pay charges of food”. Percentage in the trains Hence to take care of change of Average Opt-Out rate in Pre-Paid trains following has been decided:-

For calculation of monthly opt out percentage for base year, average of monthly OPT out percentage of that particular train will be calculated for 12 months period excluding month of tender opening. Example if tender is opened on 12th Dec, 2019, average of OPT out percentages from Dec, 2018 to Nov, 2019 will be calculated (month of tender opening will not be part of base year). (i) In case average OPT out percentage of 1st year and other subsequent years increase more than 10% in comparison to base year, the LF/CF will be reduced as elaborated below. In case average OPT out percentage of 1st year and other subsequent years increase less than 10% in comparison to base year, there will no change in licensee fee. However, If average OPT out percentage of 1st year and other subsequent

RSD-3 Revision 0 years increases by more than 20% from average OPT out percentage of base year, the LF will be reduced only upto 20% increase in average OPT out percentage in comparison to base year average OPT out percentage as elaborated below. It means, LF will be reduced by maximum of 10 % only during the entire currency of contract. The detailed is as per table given below:-

Change in percentage % change in LF/CF (Increase) in Average OPT out Upto 10% increase in No Change in LF/CF Average OPT out from the Base year More than 10% but less than LF/CF of next year will 20% increases in average decrease by (Average OPT out percentage from the OPT Out percentage base year Average OPT Out increased in the last - percentage. Average opt out percentage of base year- 10% ). More than 20% increases in LF/CF will decrease average OPT out percentage maximum of 10%. from the base year Average OPT Out percentage.

(ii) In case average OPT out percentage of 1st year and other subsequent years decreases more than 5% in comparison to base year, the LF/CF will be increased as elaborated below. In case average OPT out percentage of 1st year and other subsequent years decrease less than 5% in comparison to base year, there will no change in licensee fee. The detailed is as per table given below:-

Change in percentage % change in LF/CF (decrease) in Average OPT out Upto 5% decrease in Average No Change in LF/CF OPT out from the Base year More than 5% decreases in LF/CF of next year will average OPT out percentage increase by (Average from the base year Average OPT OPT Out percentage of Out percentage. base year -Average opt out percentage of a year- 5%).

(iii) Average OPT out percentage of 1st year and other subsequent years will be calculated for same months as done for calculation of base year for calculation of LF/CF for 2nd year, 3rd year, 4th year and 5th year. Example if tender is opened on 12th Dec, 2019, average OPT out percentage for 1st year and other subsequent years will be calculated for

RSD-3 Revision 0 Dec, 2019 to Nov, 2020 and so on & same shall be communicated to licensee well before LF/CF of 2nd year becomes due.

(iv) If average OPT out percentage of 1st year increases by more than 10% from average OPT out percentage of base year, License fee/concession fee of next year (2nd year) will be decreased by average OPT out percentage of 1st year minus average OPT out percentage of base year minus 10%. Example, if average OPT out percentage of base year is 12%, average OPT out percentage of 1st year 25% then License fee/concession fee will be reduced by 25-12-10=3%. Licensee will also have option to exit the contract in this scenario of increasing of OPT out percentage beyond 10% by giving 6 months notice. In such a scenario, proportionate License fee if any, security deposit will be refunded after adjusting dues of IRCTC for this contract if any. However, If average OPT out percentage of 1st year increases by more than 20% from average OPT out percentage of base year, the LF/CF will be reduced only upto 20% increase in average OPT out percentage in comparison to base year average OPT out percentage. Example, if average OPT out percentage of base year is 12%, average OPT out percentage of 1st year 35% then License fee calculation is 35-12-10=13%. However, LF/CF will be reduced by 10 % only. It means there is ceiling limit in reduction of LF/CF of maximum 10% only.

(v) Similarly for 1st year onwards, same procedure will be adopted for 2nd year, 3rd year, 4th year and 5th year of License by comparing at start of that year by base average OPT out percentage. Exit clause as above will also be applicable for these years.

(vi) Thus reduction of license fee/Concession fee will be made for 2nd year, 3rd year, 4th year and 5th year i.e. for four years only. There will be no calculation/ reduction in License fee/Concession fee after completion of 5th year.

(vii) Similarly if average OPT out percentage in 1st year decreases beyond 5% in comparison to base year, License fee/Concession fee for 2nd year will be increased by average OPT out percentage of base year minus average OPT out percentage of 1st year minus 5%. Example if average OPT out percentage of base year is 12% and average OPT out percentage of 1st year is 3%, License fee will increase by 12- 3-5=4%. Exit clause as mentioned above will be applicable in this scenario also.

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(viii) Same process will be followed for License fee/Concession fee of 3rd year, 4th year and 5th year in comparison to base year. There will be no calculation/increase in License fee/ Concession fee after completion of 5th year. 5.6 Right of user‟s only Licensee will only provide the catering services in trains and will have the right of user only on leave and License basis. 5.7 Relation of Licensee‟s The employees, contractors, sub contractors of the Licensee will labour not be in any contractual relation either with the IRCTC or the Indian Railways. 5.8 General liability of any The Licensee will bear the cost, throughout the term of the person License, for a comprehensive general liability insurance covering injury or death of any person(s) occurring in the said premises, including death or injury caused by the negligence of the Licensee or the Licensee‟s failure to perform its obligation under the agreement. IRCTC will not be held responsible for any payment of compensation in this regard. 5.9 Inspection by Licensee will also be obligated to get his premises inspected by Food/Health Inspectors Food/Health inspectors at regular intervals in addition to having a food License from concerned state authorities. Licensee will make available the premises for the inspection by the IRCTC or any person so authorized by the IRCTC at any time. The time to time guidelines from FSSAI will have to be strictly adhered to 5.10 Compliance of FSSAI Licensee shall be responsible for the compliance of the provisions of Food Safety and Standard Act-2006 or any other amendments thereto. 5.11 Compliance of statutory Licensee shall be solely responsible for compliance with law applicable laws such as .Goods & Service tax(GST) or any other applicable tax law, Provident Fund Law, Labour Law or any other law of the land and registration/approval from statutory authority, if required. 5.12 Use of FSSAI & IRCTC All food ingredients being used for preparation/service to the approved brands passengers shall be from IRCTC‟s approved list which is /products only available @ www.irctc.com and bear FSSAI licence number, as defined in the FSSAI act. If any item required for service is not available in the IRCTC‟s approved list same should be brought to the notice of IRCTC zonal authority and obtain approval. 5.13 No unlawful/ illegal Licensee shall not carry on any unlawful immoral or illegal activity activity in the pantry car/at stations. 5.14 Provision of suggestion The Licensee shall keep a suggestion/complaint book at a book conspicuous place where the passengers can register their suggestions/complaints without any difficulty. This suggestion book shall be serially numbered and pre-authenticated by the IRCTC. 5.15 No use of plastic Licensee shall not use plastic material. Eco-friendly/bio- material degradable packaging material should be used for supply of food items. Instead of plastic, good quality paper glasses should be used for serving tea/coffee, mineral water etc.

Garbage collection and its disposal after each service will be done by the licensee as per the guidelines issued by Railway/IRCTC. 5.16 Details of Staff Engaged Licensee shall be required to submit the details of the staff

RSD-3 Revision 0 engaged by him for the provision of services on monthly basis to IRCTC. The details of employee shall include Name, Adhaar No., Saving Bank A/C no., EPFO No., Group Insurance no., PAN Card no., Mobile no.

In addition to above, license will also be required to submit copy of printed salary slips paid to the employees along with the bank details indicating the deductions and net salary payable, as per advice of IRCTC. 5.17 Licensee‟s staff All Catering staff engaged by the Licensee shall gradually be qualified/certified and experienced as per the following specifications. Pantry Car Manager: Should be minimum 12th Pass with Diploma in Hotel Management or Diploma in F&B Services from a Govt. recognized Catering Institute or should be certified in National Skill Qualification Framework (NSQF) Level 6 aligned Job role mandated by Ministry of Skill development and Entrepreneurship Govt of India: Qualification Pack- Asstt. Catering Manager (THC/ Q5901). Should have minimum 02 years of work Experience in supervisory capacity in Catering Operations. Cooks: Should be minimum 8th Pass with diploma/craft course in Food production from Govt. recognised Catering Institute or should be certified in National Skill Qualification Framework (NSQF) level 4 aligned job role as mandated by Ministry of Skill development & Entrepreneurship Govt. of India Qualification Pack- Multi Cuisine Cook (THC/Q3006) or should have certification in Food Production (kitchen) under various Govt. scheme such as Capacity Building programmes, HSRT programme, PMKVY scheme etc. Should have minimum 12 months experience in kitchen operations. F&B Service staff: should be minimum 8th Pass with diploma/ craft course in F&B Service or should be certified in National Skill Qualification Framework (NSQF) mandated by Ministry of Skill development and Entrepreneurship level 4 aligned job role: Qualification Pack- Food & Beverage Services-Steward (THC/Q0301) or should have certification in F&B Service under various Govt. scheme such as Capacity Building programmes, HSRT, PMKVY scheme etc. Should have minimum 12 months experience in Food & Beverages Service operations. 5.18 Antecedent verification The licensee shall not in any capacity employ any person of bad of licensee staff character or any person, whose conduct is not certified by the Police Authorities/MP/MLA/MLC/ Councilor/ Gram Panchayat/ Sarpanch/1st Class Magistrate / Gazetted Officer and shall issue an appointment certificate (signed by the Licensee) which shall contain a photograph of the employed which he will carry with him/her while on duty. The expenses for such verification are to be borne by the Licensee. 5.19 Training of licensee staff IRCTC organizes training programmes to upgrade the skills of by IRCTC the licensee‟s staff for which licensee should depute the staff on communication from IRCTC including RPL training.

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6. CONDITIONS GOVERNING THE PERFORMANCE OF THE LICENSE

6.1 Acceptance of award Successful parties shall be required to accept the offer for award of of License and license along with payment of security deposit and concession fee as submission of per schedule prescribed by IRCTC. Security Deposit In case, offer for award of license is not accepted within the time limit fixed by IRCTC, the Service Provider shall be debarred from participating in the future projects of IRCTC for a period of two year with forfeiture of EMD. 6.2 Failure to deposit Refer clause 4.8 above Security deposit – post commissioning of license 6.3 Execution of The successful Bidder shall be required to execute an agreement on agreement non-judicial stamp paper of Rs.100/- at his cost before start of work. Till then the letter of award ,Letter of acceptance and the tender document of license shall form the binding agreement between IRCTC and the Licensee. 6.4 Liability of IRCTC The IRCTC will not be liable for any liability arising under the labour laws or any other law of the land, incurred by the Licensee. 6.5 Notice by Courier/ Any notice in terms of this License by either Party will be given at Registered AD the address stated herein above by Courier/Registered AD Post unless a different address has been intimated in writing against receipt. Upon the receipt of any other notice order, direction or any other communication from any competent authority (including notices, affecting the rates, taxes or other outgoings) in respect of provision of on board catering services in trains payable in whole or in part by one Party hereto, the other Party shall immediately deliver a copy of the necessary document, to that Party. 6.6 Entitlement of In case the Licensee suffers any loss on account of his being compensation restrained by the IRCTC or any competent authority for indulging in illegal activities or any contravention of any law, he shall not be entitled to any compensation whatsoever. 6.7 Indemnification by The Licensee will indemnify the IRCTC/Railway administration for Licensee any loss or damage caused by Licensee because of his fault or default. 6.8 Verbal or written Except as here by otherwise provided any verbal or written arrangements other arrangements abandoning varying or supplementing this agreement or than the agreement any of the terms hereof shall be deemed conditional and shall not be binding on the IRCTC unless until the same is endorsed on the agreement or incorporated in a formal instrument and signed by the party(s). 6.9 Presence of The Licensee or a duly authorized and competent Manager appointed Licensee/ authorized and paid by the Licensee shall remain present in person to manage or Manager supervise the business to be carried on under the provision 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 competent Manager appointed and paid by the Licensee shall remain available at both originating and terminating stations of the train or at the location mutually decided between the parties for ease of administration of performance of license to the satisfaction of the licensor. The name(s) of the Manager will be advised by the Licensee to the IRCTC from time to time The licensee shall depute a qualified person at all IRCTC food supply points to

RSD-3 Revision 0 receive and acknowledge the meals supplied from the kitchen. The licensee should authorize Pantry car manager to receive and acknowledge the food supplied by IRCTC in nominated stations 6.10 Unsatisfactory In the event of unsatisfactory service, poor quality of articles, services etc. persistent complaints from passengers, and services below the standard or any failure or default at any time on the part of the Licensee to carry out the terms and provisions of this document to the satisfaction of the IRCTC (who will be sole judge and whose decision shall be final) it shall be optional to the IRCTC to make any substitute arrangement it may deem necessary at the cost and risk of the Licensee or to forthwith terminate the license without any previous notice to the Licensee and in case of such termination the Security Deposit be forfeited by the IRCTC and the Licensee shall have no claim whatsoever against IRCTC or any of the officials in consequence of such termination of the license. No refund of proportionate concession Fee shall be admissible in case of Termination under this clause. The Licensee agrees to make good all cost and expenses, if any incurred by the IRCTC for making the substitute arrangements referred to above. The License may also be debarred from participating in the future projects of IRCTC after issuance of notice to the licensee. 6.10 Penalties for The level of passenger complaints and applicable penalties are placed (a) Complaints at Annexure K. 6.10 Irregularities found If any irregularity is noticed during the Inspection of Railway / (b) during Inspections IRCTC officials the penalties to be imposed may exceed the penalties prescribed for passenger complaints. The decision of IRCTC in this regard will be final and binding on the licensee. In addition, in case of failure or any discrepancy reported by the onboard monitoring supervisor in terms of compliance of instructions issued for visible improvements of catering services in Rajdhani/Shatabdi/Duronto trains, license shall be terminated with immediate effect along with debarment of 01 year. 6.11 Consequence to the If the Licensee is a partnership firm and in case there is permissible death / severance of clause in the constitution of the firm that the firm shall not be any partner/s (in dissolved by reason of the death of one partner or the severance of case of partnership any partner from the business of the firm and in case the performance firm) of the Licensee is entirely satisfactory according to the assessment of the licensor then in such an event the licensor at its discretion may allow the Licensee to continue under this license. 6.12 Liability for The Licensee accepts liability, civil and criminal for provision of compensation/damages in accordance with provision of Consumer Consumer Protection Protection Act or any statutory modification of the Act or any other Act. law 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 shall indemnify the licensor and railway administration 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 Licensor as aforesaid shall be deemed to be money payable to the licensor by the Licensee and in case of failure by the Licensee to repay the licensor any money paid by it as aforesaid within seven days after the same have been demanded by the licensor shall be entitled to recover the same from the Security Deposit or from any money due by the licensor to the Licensee.

RSD-3 Revision 0 6.13 Notice to the Any notice to be served on Licensee‟s shall be deemed to be Licensee sufficiently served if delivered at or sent by registered post/courier addressed to the Licensee at their registered office or last known place of business. Any notice to be served by the Licensee on the licensor shall be deemed to be sufficiently served if, left at the office/sent by registered post/courier addressed to the GGM/Director, Indian Railway Catering and Tourism Corporation at its Corporate office at 11th floor, Statesman House Building, Barakhamba Road, New Delhi-110001. 6.14 Notices on behalf of Subject to as otherwise provided in this agreement, all notices to be IRCTC given on behalf of licensor and all other actions to be taken by the licensor may be given or taken on behalf of the licensor by the Director/Group General Manager/Joint General Manager or any other officer for the time being entrusted with such functions, duties and powers by the licensor. 6.15 Dealing with IRCTC will enter into an agreement only with the Licensee who will Licensee Only be responsible for fulfillment of all License conditions with IRCTC. 6.16 No Subletting of License shall not have the right to sublet the license under this License contract to another party. In case it is found that Licensee has sublet the contract, contract will be terminated with forfeiture of all deposits , SD, concession fee besides debarment for a period of one year.

7. EVENTS OF DEFAULT

7.1 Breach of any terms In the event of any breach of the said terms and conditions of the and conditions of the License, the IRCTC shall be entitled to forfeit the whole or the part of License the Security Deposit and concession fee besides terminating or revoking the License. The Licensee may also be debarred from participating in the future projects of IRCTC. 7.2 Termination of The licensor shall also be entitled at any time forthwith to terminate the License on other License without notice in any of the following events, that is to say (a) events of default in the event of the Licensee being convicted by a court of law under the provisions of criminal procedure code or any other law (b) in the event of the Licensee being a proprietor or, if a firm, any partner in the Licensee firm being at any time be adjudged insolvent or a receiving order or order for administration of his estate made against him or shall take any proceeding for liquidation or composition under any insolvency Act for the time being in force or make any conveyance or assignment of his interest or enter into any agreement or composition with his creditors for suspended payment, or if the firm be dissolved under the partnership Act or, in the event of Licensee being a company, if the company shall pass any resolution to be wound up either compulsorily or voluntarily (c) Repudiation of agreement by Licensee or otherwise evidence of intention not to be bound by the agreement. (d) Failure to adhere to any of the due dates of payment specified in the terms and conditions. Immediately on the determination of this agreement the Licensee shall peacefully vacate the premises & the pantry and hand over to the licensor/railway administration all articles in the custody or possession of the Licensee and shall remove all his stores and effects from the said premises/pantry. In default the licensor shall be entitled to enter and take possession of the said premises/ pantry and to lock up the same or remove the furniture or other articles of the Licensee that may be lying

RSD-3 Revision 0 there and to dispose of the same by sale or otherwise without being liable, for any damage, and all expenses incurred in connection therewith, shall be deducted by the licensor from the sale proceeds or from the Security Deposit or pending bills of the Licensee. 7.2.1 Failure to provide IRCTC at their discretion may call for any record to satisfy them any record to IRCTC regarding operation of the License and Licensee will provide every help failing which it may amount to breach of condition of the Licensee. 7.2.2 Communication/ All the Communication/Information received/required by IRCTC must Information required be furnished by the contractor/licensee within 15 days, failing which by IRCTC suitable penalty including termination of contract /license can be done at the discretion of IRCTC. 8. CONSEQUENCES OF DEFAULT 8.1 Consequence of In the event of failure to provide, catering services in train, from the failure to start the prescribed date as mentioned in the letter for award/commencement of services services, IRCTC reserves the right to annul the License and forfeit the Security Deposit and concession fee in the whole or part thereof as provided under terms and conditions of the license. The Service Provider may also be debarred from participating in the future projects of IRCTC after giving notice to the Service Provider. The decision of IRCTC will be final and binding in this regard. 8.2 Notice for In case of any event of default mentioned in Clause 7 having occurred, termination it shall be lawful for the IRCTC any time thereafter to terminate the License agreement and forfeit the Security Deposit and concession fee, SUBJECT HOWEVER to the IRCTC having given to the Licensee fifteen (15) days prior notice in writing to remedy or make good such breach and inspite of such notice the Licensee having failed to remedy the breach. Upon termination of this License agreement as aforesaid, the Licensee shall deliver vacant and peaceful possession of the pantry car to the IRCTC/Railways.

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9. ARBITRATION 9.1 a. In the event of any dispute or difference between the parties hereto as to the construction or operation of this contract or the respective right and liability of the parties on any matter in question, with reference to the contract, the Parties agree to use their best efforts to attempt to resolve all disputes in prompt, equitable and good faith. In the event the Parties are unable to do so, such party may submit demand in writing for reference of dispute to arbitration as prescribed herein. b. The parties hereto further agree to waive off the applicability of sub-section 12 (5) of Arbitration and Conciliation (Amendment) Act 2015 and will submit demand in writing that the dispute/differences be referred to arbitration along with format annexed hereto as Annexure-I. The demand for arbitration shall specified the matters which are in question, or subject of dispute or differences as also the amount of claim item wise. c. Only such dispute or differences, in respect of which the demand has been made, together with counter claims of setoff given by IRCTC shall be referred to arbitration and other matters shall not included in the reference.

In the event of demand made as mention herein above, such dispute or difference arising under any of these conditions or in connection with this contract (except as to any matters the decision of which is specially provided by these or the special conditions) shall be referred to Sole Arbitrator from the panel of Arbitrators appointed by Chairman and Managing Director of IRCTC. The award of arbitrator shall be final and binding on the parties to this contract. The venue of the Arbitration shall be at New Delhi. The fees and expenses of the Arbitration tribunal and all other expenses of the Arbitration shall be borne jointly by the Parties in equal proportion subject to determination by the Arbitration tribunal.

10. HYGIENE AND QUALITY CONTROL 10.1 Use of reputed Licensee will provide products of reputed brands only duly approved by brand & storage, IRCTC. The storage, handling of raw materials and finished products handling of food will be in extreme hygienic conditions and as per acceptable norms of items the industry. Such storage, handling of raw material and finish products shall be certified as per norms of the industry and its standards. The scrutiny in this regard by quality checks agencies standards to be set by IRCTC need to be followed. 10.2 Collection of food IRCTC reserves the right to get the food samples / raw material samples collected and tested at approved laboratories at the cost of the Licensee

11 OTHER CONDITIONS 11.1 Advertisement/ The Licensee will not engage in or permit any Publicity/ Sponsorship advertisement/publicity/sponsorship of any brand or product, directly or indirectly. The advertisement on catering accessories shall be done by IRCTC. The licensee shall serve/distribute the material provided by IRCTC, in case advertising contract is finalized by IRCTC.In case , catering accessories are supplied by IRCTC, necessary deductions shall be made as per Annexure E 11.2 Payment of taxes/dues The Licensee will be liable for payment of all taxes/duties Goods & Goods & Service tax {GST} and other liabilities in respect of the business. 11.3 Liability for The Licensee shall accept liability for compensation/damages under compensation/ the Consumer Protection Act or any other law in respect of damages performance of the services or in respect of any negligence, act/omission of the Licensee, his workmen, servants and agents. 11.4 Observance and The tenderers shall, at all times indemnify the IRCTC against all

RSD-3 Revision 0 performance certain claims and penalties which may be suffered by IRCTC or any person acts employed by them by reason of any default on the part of the tenderer in due observance and performance of provision of: i) Workmen‟s Compensation Act –1923 ii) Employment of Children‟s Act XXVI of 1938 and iii) any other relevant laws 11.5 Assignment of Licensee shall not, sublet or assign the License or any part thereof, or License any benefit or interest therein or there under. 11.6 Compliance of The Licensee shall comply with any other instructions issued by instructions IRCTC from time to time within a reasonable time, as may be necessary to ensure better services. 11.7 Ban on sale of The following items shall not be sold in the trains, namely – tobacco products products, wine, beer or any other alcoholic drinks or any other item prohibited by Law. Beef and Pork shall not be used in any form in any food items. 11.8 Quality/make/source IRCTC may specify quality/make/source of Packaged drinking water of Packaged Drinking to be served by the licensee. The licensee shall accept IRCTC‟s Water directions in this regard. 11.9 General The licensor reserves the right to amend any of the clauses of the agreement and also to add fresh clauses from time to time. The rider agreement in this regard shall be executed between the parties within 15 days of the amendment / changes.

Further, IRCTC reserves the right to extend or reduce the time stipulated in any clause in the tender /license conditions herein above, in order to meet operational exigencies etc. The decision of the Director of IRCTC in this regard shall be final. 11.10 Vacation of Pantry car At the end of each round trip the Licensee and his staff shall vacate the pantry car, to facilitate cleaning by the Railway department. 11.12 Attendance Register The licensee shall maintain the attendance register of all the catering staff. The attendance register will also mention the designation of the staff like manager, waiter, pantry car cleaner, cook, helper, etc.

12. FORCE MAJEURE

12.1 In the event of any unforeseen event directly interfering with the operation of License arising during the currency of the license 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, acts of God, sabotage; the Licensee shall, within a week from the commencement thereof, notify the same in writing to the Licensor with reasonable evidence thereof. The Pantry Car shall be restored as expeditiously as possible or, as the case may be, the impediment to accessibility shall be removed as expeditiously as possible. If the Said Property cannot be rendered fit for occupation and use for more than thirty days, the Licensee shall not pay License Fee for such period till the said property becomes accessible and operational following cessation of force majure event mentioned above. The period of license will be further extended for the period during which License was not operational.

RSD-3 Revision 0 GENERAL CONDITIONS OF LICENSE SECTION – TWO

1.0 FINANCIAL TERMS AND CONDITIONS

1.1 Increase/decrease in In the event of increase/ decrease in the frequency of the train, it will frequency of train be mandatory for the Service Provider to manage onboard services in the increased/ decreased frequency as well. Concession fee shall increase/ decrease proportionately. If the Service Provider expresses inability to manage the increased/ decreased frequency, Licensee can exit as per provision of exit clauses mentioned in tender document.

1.2 Refund of Security In the event of permanent cancellation/withdrawal of train service by deposit the Railway Administration, the license shall be terminated without any notice or assigning any reasons. In such an event refund of security deposit and proportionate concession fee will be made after deduction of any dues. No claim for any consequential loss of business/damages will be entertained by the IRCTC other than what is specially provided for in this para. 1.3 Integration of Rake/ In case of introduction of new/ special train using the lie over rake of use of lie over rake the train the licensee shall manage the services with same terms and for the train for conditions on payment of additional proportionate concession fee. For new/ special train pre paid trains the additional concession fee shall be fixed based on the ratio of average monthly bill and quoted concession fee of the tendered train. The tenure of license of new / special train will be co terminus with the tendered train. 1.4 Increase in tariff of In case of any revision in catering tariff, the Licensee shall be Meals/Menu allowed to sell food/meals at the revised rates to the passengers. In this event, the license fee payable to IRCTC shall be increased on pro-rata basis.

1.5 Affect of If unbundling of Lunch/Dinner is done after award of license the Unbundling on concession fee will be reduced equal to the percentage of apportioned concession Fee charges payable to licensee .

2. OBLIGATION AND RIGHTS OF THE IRCTC

2.1 Liaison with zonal IRCTC may assist the licensee for all purposes regarding maintenance railways of rake and other operational matters, with Railways. 2.2 Provision of Licensee will ensure day-to-day upkeep and cleanliness of equipment equipments & its including pantry car. maintenance 2.3 Issue of medical and IRCTC will advise Railway administration to issue medical certificate travelling authority and traveling authority to on-board staff of the Licensee. However, it will be the sole responsibility of the licensee to approach and coordinate with the concerned authority for completing the required formalities and procedures and payment of prescribed dues. 2.4 No guarantee to The Railway administration or IRCTC do not guarantee any minimum maintain regular composition of number of coaches or to maintain regular service of the services of pantry said train. The Service Provider shall not be entitled for any car compensation for any portion not run or in the event of their rights of providing services in the said train being affected impeded or interfered with by reasons or suspension of traffic by the Railway Administration or any alteration in the train timings or late running of trains, or due to

RSD-3 Revision 0 any reduction in the number of passengers traveling etc. 2.5 Inspection by IRCTC will inspect/check the services for reviewing its standards, IRCTC quality and variety of food items, standards for maintenance of cooking areas and washing areas, disposal systems etc. of the Licensee including their base kitchens, etc. at any time and may authorize any person or agency for this purpose to access the performance of Licensee. In case of unsatisfactory performance or complaint of any nature, IRCTC will be competent to initiate suitable action against the Licensee including termination of the License as per the terms and conditions of the agreement. 2.6 Customers‟ feed IRCTC may take independent users‟ feed back to know the level of back passenger satisfaction. 2.7 Right to resume the The IRCTC/railway administration reserves the right to resume possession of pantry possession of the pantry if required for the purpose of working of the car Railway.

3. OBLIGATION AND RIGHTS OF THE LICENSEE

3.1 Standard of services The Licensee is expected to provide good quality of food and beverage in hygienic and presentable conditions. Manufacturing date, expiry date, batch no. etc. should be printed on the packed items. The services will be more personalized and provision of better quality crockery, cutlery, napkin etc. should be ensured. 3.2 Approval of service Crockery, cutlery, napery and other service wares used in the train are wares etc. required to be of good quality as per industry norms. IRCTC may specify quality, colour scheme and printing on the above material which will be binding on the licensee. IRCTC reserves the right to prescribe packaging conditions from time to time.

3.3 Menu cards Printed menu cards bearing name of the IRCTC should be available with waiters and provided to the passengers on demand. Licensee shall seek the approval of menu cards before printing. 3.4 Reg. On board staff The staff to be deployed in the train must be well groomed and wear neat and clean uniforms with name badges. For Supervisors, Service, Production and Support staff, the design and colour scheme should be different for easy identification. The Licensee shall inform the pattern and style of uniforms to be adopted for staff. IRCTC may specify design, pattern and colour scheme for uniform of the staff at the unit. The licensee will abide by such instructions. Staff must be courteous and polite to every passenger at all times. Staff must be trained in catering services and the service should be of a high order. 3.5 Deployment of on Deployment of staff shall be as per CC 60 of 2010 issued by Railway board staff Board placed at Annexure-L.

01 staff in each coach of shatabdi trains should be female.

3.6 Provision of Licensee will arrange his own equipment other than those provided in equipment the pantry car for satisfactory provisions of services.

The Licensee shall provide 2 nos. of 4kg. capacity (in addition to the fire extinguishers provided by the railway administration) halon type fire extinguishers. Upkeep and maintenance of the fire extinguishers shall be the responsibility of the Licensee.

RSD-3 Revision 0 3.7 Fire-fighting training All pantry car staff must be trained in firefighting and a competency certificate issued by the fire fighting agencies should be available in the pantry car. 3.8 Provision of first aid The Licensee should provide and maintain First Aid box for rendering box first aid to catering staff in trains, whenever required; and should provide training to the concerned catering supervisory staff of the mobile unit from the medical authorities. Requisite certificates in this regard should be available with Pantry car manager. 3.9 Cleaning of utensils The Licensee shall ensure that utensils, crockery etc. are washed and cleaned with clean water and standard quality detergent/soaps. Recycling dirty water for cleaning shall not be allowed. 3.10 Damage to pantry The Licensee shall be responsible for all damages caused to the said car/equipment pantry car and the equipment provided therein arising out of facts of omission and commission of their staff. 3.11 Licensee to provide The Licensee shall undertake to render any other on-board service as other on board may be required of him by the IRCTC on mutually acceptable terms. services 3.12 Handing over of Upon the expiration of this agreement or its earlier termination in pantry car accordance with the terms, conditions, obligations hereof the Licensee shall remove themselves from the said pantry car together with all their belongings and effects and shall deliver vacant possession of the pantry car to the IRCTC/railways with the IRCTC/Railways‟ fixtures and effects therein in good condition.

4. OTHER CONDITIONS

4.1 Prohibition of Licensee shall not be allowed to wash utensils/services wares in washing in coaches coaches, washing should be done in pantry car only. 4.2 Food articles not to Food articles should not be kept on floor of the coach. be kept on floor 4.3 Use of containers On board staff of the Licensee shall not carry any food item in their only pockets/card boxes/Packaged drinking water cartons etc. and only container should be used for this purposes. 4.4 Misuse of travelling The Licensee further agrees that Railway passes will not be used except authority in connection with Railway work and that any breach of this condition will be breach of the agreement itself. 4.5 Bonafide travel by The Licensee shall not permit anyone except their bonafide staff to licensee‟s staff travel in the train and shall not carry in the train any article of any description other than those required for the fulfillment of this license. The staff of the licensee will carry valid travel authority and medical fitness certificate to be issued by the railway administration on the request of the licensee and identification card duly attested by the Licensor. Any articles found in excess of the ordinary requirement of supply will attract such penalty as the licensor may impose. In the event of breach of this condition also the licensor may cancel this agreement forth with without any notice and the Licensee shall in such circumstances, not be entitled to any compensation whatsoever. 4.6 Procedure in case of The loss of travelling authority shall be immediately reported by the loss of pass licensee to the nearest Station Master and to the railway administration/IRCTC and cost of such loss as laid down by the railway administration in its gazette and such penalties prescribed by the railway administration shall be paid by the licensee.

RSD-3 Revision 0 4.7 Penalty on travel Should any employee of the licensee travel without travelling authority without pass and without notifying the loss of travelling authority to the concerned authorities, licensee in addition to maximum penalty of Rs.5000/- shall be liable for payment of full fare and penalties as provided by the railway administration. 4.8 Enquiry into the “The licensee shall not in any capacity employ any person of bad antecedents of the character or any person, whose antecedents have not been investigated / employees certified by the Police Authorities/MP/MLA/MLC/ Councilor/ Gram Panchayat Sarpanch/1st Class Magistrate and shall issue an appointment certificate (signed by the licensee) – which shall contain a photograph of the employe which he will carry with him/her while on duty. The expenses for such verification are to be borne by the licensee.”

RSD-3 Revision 0 Annexure-- “G"

Format for Occupancy Certificate

RSD-3 Revision 0 Annexure-- "H"

Menu and instructions contained in Railway Board Circular No.32/2014

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RSD-3 Revision 0 Annexure- I

Agreement towards Waiver under Section 12(5) and Section 31-A (5) of Arbitration and Conciliation (Amendment) Act

I/we...... (Name of agency/contractor) with reference to agreement dated...... raise disputes as to the construction and operation of this contract, and demand arbitration in respect of following claims:

Brief of claim:

Claim 1- Detailed at Annexure- Claim 2- Detailed at Annexure- Claim 3- Detailed at Annexure-

I/we...... do agree to waive of applicability of Section 12(5) of Arbitration and Conciliation (Amendment) Act.

Signature of Claimant...... Signature of Respondent......

I/we...... (Name of Claimant) with reference to agreement dated...... hereby waive of applicability of subsection 31A (2) to 31A (4) of Arbitration and Conciliation (Amendment) Act. We further agree that cost of arbitration will be shared by the parties in terms of Arbitration clause of the agreement.

Signature of Claimant...... Signature of Respondent......

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Annexure-J

DELETED

RSD-3 Revision 0 Annexure-K Penal Provisions for passengers’ complaints

RSD-3 Revision 0 Annexure-L

RSD-3 Revision 0 Annexure-M (i)

RSD-3 Revision 0 Annexure-M (ii)

RSD-3 Revision 0 Annexure-N(i)

03 Compartmental Bagasse Tray

Suggested Bagasse tray specifications SN Particular Specifications 1 No. of Compartments 03 compartments( to accommodate Rice 100gms + 40 gms Dry Veg. in 01 compartment , 120gm Dal in 01 compartment, 120gm- Paneer/Chicken in 01 compartment) 2 Dimension Suggested size 240mm x 180mm x 38.5mm 3 Material Sugar Bagasse 4 Heat Resistance Should withstand heat in hot case ( upto 100 degree Celsius)

5 Sealing Material 02/03 layered Polyester Poly Film. 6 Should be 100% Bio- degradable & Food Safe.

NOTE:-

Food to be packed in 03 Compartmental Bagasse Trays served on a service tray of suggested size 285mm X 225mm, with following colour code:-

 Red coloured Service Tray – Non-Veg. Meal  Green coloured Service Tray – Veg. Meal

RSD-3 Revision 0 Annexure-N(ii)

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Annexure-O

Specifications for On Board catering staff uniform for RSD trains

(For Male/Female staff)

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RSD-3 Revision 0 Annexure –B

Detail Train No. 12027-28, SBC-MAS SHATABDI EXPRESS TRAIN Frequency 12027- 06 DAYS (MON, WED, THU, FRI, SAT, SUN) 12028- 06 DAYS (MON, WED, THU, FRI, SAT, SUN) Running Ex- SBC Ex- MAS Between Dep: 0600 hrs Dep: 1730 hrs Arr: 2230 hrs Arr: 1100 hrs

Via BNC, KPD

Type of Coach No. of Coaches  LWSCZAC 11 Detail of  LWFCZAC 01 coaches

In case of any change in the originating and terminating stations of the train, changes in Rake link, route etc., leading to increase / decrease in journey time of the train or increase/ decrease infrequency of the train the licensee shall be obliged to supply food/meals to the passengers for the increased /decreased duration.

In all the above situations Licensee shall manage the services and if required shall create additional kitchens..

RSD-3 Revision 0 Annexure- "C" Part-I Sector wise catering services (excluding applicable taxes)

For train no. 12027-28

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RSD-3 Revision 0 Annexure- "C" Part-II

Meal Pick up points for train no. 12027-28, SBC-MAS Shatabdi

Train no. Meal service Meal Pickup Time Points

Executive Class Morning tea Licensee 12028 Breakfast Licensee Chair Car

Morning tea Licensee Breakfast Licensee Executive Class

Evening Tea Licensee 12027 Dinner IRCTC /KPD 19:08 hrs Chair Car

Evening Tea Licensee Dinner IRCTC /KPD 19:08 hrs

RAIL NEER SUPPLY POINTS

Sr Train Nos Station Contact details of the concerned control office No 1 12027-28 SBC South Central Zone controlsouthcentr 040- Control [email protected] 27800648

MAS South Zone controlsouthzone 044- Control @irctc.com 28365031

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Annexure- "C"

Part-III

Maximum catering charges payable for each service (Excluding GST)

Meal service Catering Charges payable Supply of food Service charges (Production) (excluding GST) (excluding GST) Class – 2A/3A Lunch 122.71 52.59 Dinner 122.71 52.59 Morning tea 10.87 4.66 Breakfast 68.34 29.3 Evening Tea 59.80 25.63 Class – Sleeper Morning tea 8.54 3.66 Breakfast 40.38 17.31 Lunch 79.21 33.96 Dinner 79.21 33.96 Evening Tea 31.84 13.65

Meal service Catering Charges payable Class –IA By the licensee

Lunch 230.78 Dinner 230.78 Morning tea 29.96 Breakfast 133.14 Evening Tea 133.14

The procurement cost of Railneer will be Rs 10/- per bottle of 1000 ml payable to IRCTC.

RSD-3 Revision 0 Annexure-D

E tender Schedule -Financial Bid ( To be filled electronically)

Dear Sir,

i) I/We agree to provide catering services in below trains as advised by IRCTC. ii) I/We further certify that I/We am/are ready to provide catering services as per the terms and conditions of the bid document. iii) I/We understand that license is only to maintain the services in public interest and IRCTC/Railway has allotted regular license as per extent policy guidelines. iv) I/We shall vacate and handover the possession of railway property (pantry car, mini pantry etc.) to IRCTC/Railway administration as and when advised by IRCTC. IRCTC decision in this regard shall be final and binding. v) I/We understand that license may be extended as per tender condition. Licensee shall be bound to manage the services as extended by IRCTC on payment of pro-rata concession fee plus applicable taxes. vi) I/we shall manage the services during the running of this train and shall pay pro-rata amount as quoted below towards concession fee, in addition to the license fee @ 15% deductable from running catering bills. vii) I/We understand that IRCTC reserve the right to reject, accept or consider any offer without assigning any reason whatsoever. viii) I/we agree to abide by all the terms and conditions of the bid document. ix) I/we agree that we will be paid 85 % of maximum of 30% of the tariff plus taxes for service of dinner/lunch supplied by IRCTC units. My/Our quotation is as under: -

TO BE FILLED BY THE BIDDER – Guaranteed Concession fee for 1 year [ in Rs. ] excluding tax SN Train No. Train Name ( in figures) (in words)

1 12027-28 SBC-MAS Shatabdi Express

Note:

 The E-Tenders received will be evaluated by the IRCTC to ascertain the highest acceptable E-Tender on Concession fee quoted for trains mentioned Sr number wise in ’Notice Inviting E –tender”.  The above quoted concession fee is to be deposited by the successful bidder at the time of award of license and acceptance as per Tender Conditions.  Goods & Service tax{GST} is payable extra as per applicable rates.

 Contract will be awarded to highest bidder for individual set of trains mentioned above SN wise. In case of any information submitted by the applicant being found to be incorrect either before or even after the award of license, IRCTC will have the right to summarily reject the bid, terminate the contract with forfeiture of EMD / SD / LF and debar the bidder / licensee for a period mentioned in Tender Document.  IRCTC reserves the right to inspect applicant’s establishments or through any other agency as notified by IRCTC  IRCTC reserves the right to cancel the Tender process at any time without assigning any reasons.

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1. Declaration

 I/We do hereby declare that documents submitted 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.  I / We hereby understand that the submission of Bid does not guarantee for award of license. I / 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, the IRCTC will have the right to summarily reject license, at any time without assigning any reason whatsoever.

 I / We have read the general guidelines and bid document attached hereto containing the Terms and Conditions and agree to abide by such conditions. I / We offer the Bid for operation and provision of onboard catering services in subject train for a period mentioned in Notice inviting Tender in the attached schedules and hereby bind myself / ourselves to complete all the formalities from time to time as required after the award of license.  I/We understand that In case of acceptance of Bid by the IRCTC, I / we bind myself / ourselves to execute the license agreement awarded to me / us and to commence the work as per the conditions of license failing which, I / We shall have no objection for forfeiture of the full Earnest Money Deposit (EMD),/deposited by us with IRCTC, New Delhi in addition to other penalties specified under the terms of license.  Till the formal agreement is signed, letter of award, my/our acceptance and terms and conditions of this bid document will be binding on both the parties.  I/We understand that IRCTC and its representatives are hereby authorized to conduct any inquiries or investigations or seek clarifications or verify any statements, documents and information submitted in connection with this bid.  I / We agree that on account of non-acceptance of award or on account of not fulfilling tender conditions within the prescribed time, I/We shall be debarred by IRCTC for participation in the future tenders of IRCTC for a period mentioned in Tender Document.  I / We do hereby confirm that I / We have the necessary authority and approval to submit this bid for award of license for operation and provision of catering services in Rajdhani/Shatabdi/Duronto and other pre-paid trains having pantry car / mini pantries.  A notice or letter of communication addressed to me / us at the address given in the Bid, even by ordinary post/e-mail will be deemed to be valid as proper notice of intimation to me/us.