Indian Railway Catering and Toursim Corporation Limited Notice Inviting

Home , Gatimaan Express, Tejas Express, Vande Bharat Express

INDIAN RAILWAY CATERING AND TOURSIM CORPORATION LIMITED

NOTICE INVITING E-TENDER

OPEN E-TENDER NO. – 2019/IRCTC/Catg./ DCS/VGT

Sub: E-TENDER FOR PROVISION OF ONBOARD CATERING SERVICES IN VANDE BHARAT/GATIMAN/TEJAS EXPRESS TRAINS IN PARTIAL / COMPLETE UNBUNDLING MODEL

Date of Pre-bid meeting : 20.09.2019 at 11.00 hrs

Last date and Time of Submission of bids : 04.10.2019 up to 15:00 hrs

Date and Time of Opening of bids : 04.10.2019 at 15:15 hrs

Earnest Money deposit : Rs 10 lakhs

Description of job PROVISION OF ONBOARD CATERING SERVICES IN VANDE BHARAT/GATIMAN/TEJAS EXPRESS TRAINS IN PARTIAL / COMPLETE UNBUNDLING MODEL AS PER TENDER DOCUMENT NO. VGT-01 REVESION O.

Sr No Train no Train name 1 22435-36 BSB-NDLS VANDE BHARAT EXPRESS 2 22671-72 MS-MDU TEJAS EXPRESS 3 22119-20 CSTM-KRMI TEJAS EXPRESS 4 12049-50 NZM-JHS GATIMAAN EXPRESS

1. Period of the license - 05 years 2. Bidders are required to deposit EMD of Rs 10 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 set of train, mentioned sr no wise above 4. 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.

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

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

7. 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.

8. 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 separately above. *******************************************************************************

Tender Document No. :- VGT-01 Revision 0

E-TENDER

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 VANDE BHARAT/GATIMAN/TEJAS EXPRESS TRAINS IN PARTIAL / COMPLETE UNBUNDLING MODEL. Annexure-A Date of Pre- bid meeting :- 20.09.2019 at 11.00 Hrs

Last date and Time of Submission of bids : 04/10/2019 up to 15:00 hrs

Date and Time of Opening of bids : 04/10/2019 at 15:15 hrs

Earnest Money deposit : Rs. 10 lakhs

E-Tender No. – 2019/IRCTC/Catg./DCS/ VGT

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]

Tender Document No. :- VGT-01 Revision 0 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.

Tender Document No. :- VGT-01 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 VANDE BHARAT/GATIMAN/TEJAS EXPRESS 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 short-listed 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 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.

Tender Document No. :- VGT-01 Revision 0 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:-

Eligibility Criteria Mandatory Criteria Technical Criteria Documents Required to be scanned and uploaded 1.0 Should not be Self Declaration Annexure-1C debarred/blacklisted/banned by IRCTC or Railways or Ministry of (No change in format /declaration is Railways/ other CPSUs/ Govt. permissible) Deptt.

2.0 Firm /Company should have the  Copies of Currently valid (as on date catering /F&B services experience of opening of tender) Food Licenses of running two units of any of the (FSSAI) for both the units. FSSAI following types, for at least 5 Yrs: certificates for last five years in favour i) Pantry Car of Rajdhani / of both the units. Certificate should Duranto trains & catering atleast be issued on 01.09.2014 or Services of Shatabdi /Duranto / before. There can be more than one Gatiman/ Tejas/ Vande Bharat certificate for last five years for same trains. (including Base Kitchens unit. serving Pantry Cars),  Copies of Currently valid (as on date ii) Railway Food Plaza. of opening of tender) relevant ISO- iii) Lounge at Airport or executive certificates of these two units. Lounge Railway Stations. (including Base Kitchens serving iv) Restaurants having seating Pantry Cars). Relevant ISO capacity of 50 persons or more certificate for food & beverages outlet at a time. for last five years in favour of both the v) Hotel having minimum 50 units. Certificate should atleast be rooms and one restaurant. issued on 01.09.2014 or before. There vi) Airport / Airline Catering can be more than one certificate for /Flight Kitchen. last five years for same unit. vi) Cell Kitchens.  In case bidder submits credentials of Food & Beverage unit of Restaurant/Hotel, please submit any relevant document(License/registration certificate etc.) which specifies the seating capacity of restaurants/number of rooms in hotel and presence of restaurant in Hotel as proof of the bidder for ownership/management of the Hotel issued by Competent Authority

Tender Document No. :- VGT-01 Revision 0 3.0 Minimum average Annual Following documents shall be submitted turnover (i) Audited Balance sheet and profit & loss (i) Rs. 20.00 crore from catering / account of the 2014-15, 2015-16, hospitality business in last five 2016-17 2017-18 & 2018-19 shall financial years (2014-15, 2015-16, be submitted along with the Bid, 2016-17, 2017-18 and 2018-19) in scanned and uploaded. India involving production and (ii) Certificate from CA (in the format of sale/service of cooked food items. Annexure IB ) that the turnover figures for FY, 2014-15, 2015-16, ii) Turnover in any of the last five 2016-17 2017-18 & 2018-19, are financial years mentioned above reconciled as per VAT/Service Tax must not be less than Rs 10.0 /GST returns. Annexure-IB is to be crores. scanned and uploaded stamped dated and signed by CA. (Sales of beverages such as (iii) Certificate of soft drinks, packed items Incorporation/registration. This (Chips, Biscuites, Cake etc.,) certificate should atleast be issued will be considered as allied on 01.09.2014 or before. business alongwith main production and sale / service (iv) The applicant shall also submit an of food items. Trader / affidavit showing the segment wise turnover stockiest / Distributors are not as per total amount shown in GSTR 3B as eligible) (Please fill Annexure- per the GSTN including the turnover from IB) Catering & Hospitality business and details of taxes paid in the format Annexure I D. Annexure-ID is to be scanned and uploaded.

In case Balance sheet and P&L account of 2018-19 is not audited, Provisional balance Sheet and Provisional P &L Account has to be submitted. Successful bidder will submit Final Figures after audit on or before 07.10.2019. If in the final Figures it is found that bidder is not fulfilling the eligibility criteria. License even, if awarded will be cancelled and security deposit and concession fee deposited will be forfeited.

5.0 Net Worth:- Firm /Company have Minimum Net worth of minimum of minimum of Rs. 5 crore Net worth. Rs.5 cr. on 31.03.2019. Enclose certificate issued by the Chartered Accountant. 6.0 No. of Permanent Employees 1. Bidder must have 50 permanent employees (03 employees to be diploma/ graduate in Hotel/Hospitality Management from any Govt. recognized institute) on his role on the date of Tender Opening for Gatiman/ Tejas/ Vande Bharat trains. 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 July Documents of 1st Jan to 30 th June is to be submitted).

Tender Document No. :- VGT-01 Revision 0

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 & 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.

. 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-B) 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.

Tender Document No. :- VGT-01 Revision 0

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 trains mentioned Sr number wise 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. 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.

Tender Document No. :- VGT-01 Revision 0 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 unsucessfull 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.

9.0 Withdrawl of Bids-

9.1 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.

9.2 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.

9.3 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‘.

9.4 In case of withdrawal of offer (bid) as mentioned above for one train / more trains, full EMD will be forfeited.

10.0 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

Tender Document No. :- VGT-01 Revision 0

Annexure – B

FINANCIAL BID (to be filled online only)

 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 as per Notice Inviting E-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 the license is for the period as mentioned in Notice Inviting E-Tender with provision for extension for operational requirement at the sole discretion of IRCTC. I/We understand that licensee shall be bound to manage the services in exigencies on payment of pro-rata Concession fee plus applicable taxes  I / We hereby understand that the submission of offers / bids does not guarantee allotment of license for operation and provision of onboard catering services in trains. I/We shall vacate and handover the possession of railway property (Pantry car etc.) to IRCTC/Railway administration as and when advised by IRCTC. IRCTC’s decision in this regard shall be final and binding.  I / We further understand that in case of any information submitted by me / us being found to be incorrect, IRCTC will have the right to summarily reject the bid, cancel the license or revoke the same with forfeiture of EMD/Security Deposit and Concession fee including debarment for a period of 3 (three) years at any time without assigning any reason whatsoever.  I/We agree to submit all disputes arising out of or in connection with this bid document to the exclusive jurisdiction of courts at New Delhi.  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 and 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 of one year besides forfeiture of EMD or any other deposit with IRCTC.  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 Gatiman/ Tejas/ Vande Bharat Express having pantry car / mini pantries. I / We understand that the status of empanelment of a firm as on date of opening of bid shall only be taken in to consideration for qualifying the bid  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

Tender Document No. :- VGT-01 Revision 0  I/We understand that licence may be extended as per the General Condition Sec-I, Clause no.3.1, licensee shall be bound to manage the services as extended by IRCTC, on payment of pro-rata Concession fee along with applicable taxes.  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% deducted from running catering bills  I/We understand that IRCTC reserves the right to reject, accept or consider any offer without assigning any reason whatsoever.

My/Our quotation is as under: - (1) (2) – TO BE FILLED BY THE BIDDER

TRAIN No. & Name Quoted Concession Fee Exclusive of GST for One year Figures Words

22435-36, BSB-NDLS VANDE BHARAT EXPRESS

22671-72, MS-MDU TEJAS EXPRESS

22119-20, CSTM-KRMI TEJAS EXPRESS

12049-50, NZM-JHS GATIMAAN 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 separately 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 clause no. 2.1 of General condition of license-Section One.  Goods & Service tax{GST} is payable extra as per applicable rates.  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.

Tender Document No. :- VGT-01 Revision 0 Annexure-‗IA‘

Deleted

Tender Document No. :- VGT-01 Revision 0

Annexure-‗IB‘

Certificate duly certified by Chartered Accountan 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)

In case Balance Sheet and P & L Account of 2018-19 is not audited, Provisional figures has to be submitted. Successful bidder will submit Final Figures after audit. If in the Final Figures it is found that bidder is not fulfilling the eligibility criteria, License even if awarded will be cancelled and security deposit and concession fee deposited will be forfeited.

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

Tender Document No. :- VGT-01 Revision 0 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/other CPSUs/Govt. Deptt. 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)

Tender Document No. :- VGT-01 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.) Hospitality 3 Business Turnover from Tourism 4 business, if any Turnover from Trader/ Stockiest/Distri 5 butors business Turnover from Inter unit 6 transfer Turnover from other business segment which is not included 7 above NOTE: 1) 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 14

Tender Document No. :- VGT-01 Revision 0 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 bill in the name of vendor of 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 Copy of GST (state-wise) (state wise) registration certificate

Signature of the authorized signatory of bidder

Seal

Date

Tender Document No. :- VGT-01 Revision 0

1. GENERAL INFORMATION

1.1 Financial bid format is enclosed at Annexure-‗B‘. 1.2 The details of the train are enclosed as Annexure – ‗C‘. 1.3 General Conditions of the license are enclosed as Annexure-D. 1.4 Details of Menu for various services are placed at Annexure –‗E‘ 1.5 Sector wise catering charges & rates applicable are placed at Annexure –‗F (part I to Part III)‘ 1.6 The level of complaints and applicable penalties are placed at Annexure – G 1.7 The applicable rates of sponsored items, to be deducted from the running bills, are at Annexure- H. 1.8 Suggested design of service trolley is placed at Annexure –I (i) & I (ii). 1.9 Suggested specification of staff Uniform is placed at Annexure-J 1.10 Agreement towards Waiver under Section 12(5) and Section 31-A (5) of Arbitration and Conciliation (Amendment) Act- Annexure- K 1.11 Format for occupancy certificate is enclosed at Annexure- M

2. SCOPE OF WORK

The Licensee will be responsible for providing the following services on the train: 2.1 Catering services, The license is required to provide catering services free of cost to the Menu & Rates passengers as per the menu enclosed as Annexure ―E‖.

The sector wise catering services & rates applicable for passengers travelling between pair of stations in enclosed as Annexure-“F”. The menu and rates are subject to revision by IRCTC 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 licensee provide food after charging Rs 50/- extra per meal (as per Railway Board letter no. 2015/TG-III/631/4 Dt 13.03.2018 & 27.06.2018) along with meal charges to be provided giving them proper invoice for the same.

2.2 Supply of baby The licensee is required to provide baby food, free of charge, to food infants less than five years of age. 2.2 Additional catering Licensee will provide additional catering services due to late running (a) services due to late of the train for more than 2 hours or other emergencies etc. The running etc. additional 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 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)

Tender Document No. :- VGT-01 Revision 0  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) 2.2 b Supply of The IRCTC shall supply duly packed Breakfast, Lunch and Dinner Lunch/Dinner by from nominated stations as per Annexure F(Part II) as per menu IRCTC from its own /authorized base kitchens in en-route stations for CC/EC Classes in Vande Bharat/Gatiman/Tejas Express 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 25% 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. Evening tea & Snacks and 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%. 2.2c Catering The casseroles packed/ bio degradable meal tray shall be supplied Accessories by from IRCTC designated Base Kitchens as per Annexure F (Part II). Licensee All other 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 17

Tender Document No. :- VGT-01 Revision 0 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.

2.2d Short supply of There may be instances where number of passengers travelling in meals from train exceeds the number of meals supplied by kitchens. In such a IRCTC/Railway situation Service Provider shall provide meals to passengers by Kitchens preparing the same in the pantry car. Charges as per the Annexure "F" 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..

2.3 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 payable additional items introduced or due to change of policy. The concession fee will remain same for the entire licensee period. 2.4 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. 2.5 Supply of packaged It is mandatory for the Service Provider to supply Rail Neer drinking water (Packaged Drinking Water – 1000 ml) chilled at free of cost @ one („Rail Neer‟) bottle for every 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 F- Part II:-

2.6 Rates for supply of Rail Neer Rail Neer to the Service Provider will be provided by IRCTC at the rates mentioned in Annexure F Part -III: - The above rates are subject to change from time to time as revised by IRCTC. 2.7 Standards of The Service provider is expected to provide on-board services of a services high standard 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 Licensee. Meals duly packed should be picked up from base kitchens in covered conditions and will be served through staff of Service Provider after adequate heating/cooling in the mini pantries..

Licensee shall make adequate arrangements for service of meals as per the menu. Licensee shall offer all the menu options as mentioned in Annexure-E to the passengers and serve the same accordingly. 2.8 Deployment of Service provider will deploy maximum 02 F&B staff per coach for Manpower – F&B providing catering services in the train. These numbers are based on 18

Tender Document No. :- VGT-01 Revision 0 100% occupancy and can be scaled down based on actual occupancy. Out of 02 F&B staff to be deployed in each coach, 01 should be "Female" The F&B staff should wear proper clean and tidy uniform, which should be distinct from cleaners, along with name badge. F&B staff should be medically fit to serve as F&B onboard in train. The F&B staff & cleaners should carry their IDs and must have valid travelling authority. 2.9 Packaging Crockery, cutlery, napery and other service wares used on the train conditions are required to be of good quality and to be specifically approved by the IRCTC. IRCTC reserves the right to prescribe packaging conditions from time to time. IRCTC logo should be prominently displayed. 2.10 Schedule of a) Catering material should be brought well before placement of catering services rake on platform or loaded in the washing line as the case may be. b) The waiters should immediately place the catering material in mini pantry at designated location. c) The loading /unloading of catering material should be done in such a way that there is no inconvenience to passengers while boarding /de-boarding. d) Service of Rail Neer along with paper cup. 2.11 Occupancy The Service Provder 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 Superintendent Neer Bottles supplied and no. of newspapers and MRP as well. Format for occupancy certificate is enclosed at Annexure- M.

These certificates are required to be furnished by the Licensee, in original, while submitting the bills in triplicate to IRCTC for payment. 2.12 Payment to the Payment for the on-board catering services will be made by IRCTC Licensee to the Licensee on the basis of the number of passenger served over different pair of stations after deducting license fee of 15% from the tariff rates (Annexure-F). Charges for Rail Neer & Newspaper will be paid without any deduction. The Licensee shall submit bills for onboard services on fortnightly basis and the licensee shall submit bills for onboard services on fortnightly basis and the licensee along with certificate 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 thr onboard catering services. 2.13 Service of “Rail The Licensee shall collect the “Rail Bandhu” from IRCTC/Railway Bandhu” representative for further service to passengers if provided by IRCTC / Railways. The Rail Bandhu magazine should be handled properly and upon collection back from the passenger should be handed over to IRCTC representative. 2.14 Supply of sponsored On getting sponsorship for various items, IRCTC will supply material by IRCTC sponsored 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- "H".

The above sponsored material will be supplied at originating/destination stations. 19

Tender Document No. :- VGT-01 Revision 0 2.15 Use of Service Licensee shall ensure use of trolleys for service in /CC/EC (Chair car trolley coaches) coaches within 15 days from the date of commencement of services Design and specifications of trolley are enclosed as Annexure – I(i) & I(ii) 2.16 Staff Uniform The Service provider shall provide distinctive uniform comprising of 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 J. 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.

2.17 Provision of Hand One sachet of hand sanitizer (1 ml) to be provided to each passenger sanitizer to the with each meal (Break fast , Lunch, Evening snack and Dinner). passengers 2.18 Packaging Crockery, cutlery, napery and other service wares used on the train conditions are required to be of good quality and to be specifically approved by the IRCTC. Above item meat to be hygienically cleaned. IRCTC reserves the right to prescribe packaging material/conditions from time to time. IRCTC logo should be prominently displayed.

2.19 Provision of new 1. Licensee shall procure & provide new SS utensils, cutlery, catering accessories crockery, trays, flasks and other catering accessories etc. and staff uniforms before commencement of service. 2. Licensee shall provide new uniforms to its staff before commencement of service. 3. The IRCTC Zone will inspect the above to its satisfaction before handing over the train / commencement of service.

2.20 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. 2.21 Use of IRCTC Use of approved Menu / Brands is mandatory and use of any other Approved Brands brand 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. 2.22 Use of Coloured Green & Red coloured service trays shall be used for service of Veg Service trays and Non-Veg meals respectively. 2.23 Passenger In cases of established passenger complaints, the penalty shall be Complaints imposed as per Annexure -G 2.24 Incentive Scheme In such cases, where the services by the licensee have been complaint free, if number of established public complaint are less than 0.003% of no. of services (meals) provided by licensees (Level I to Level III of Annexure G) during the currency of contract, 5% of concession fee

Tender Document No. :- VGT-01 Revision 0 quoted for one year will be paid to licensee after completion of contract of every year by IRCTC, as an incentive. No incentive shall be given on established serious public complaints shown in Annexure G, Level IV, V & VI. 2.25 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 Licensee managed aspects and hygiene. FSS shall have authority to conduct food safety kitchens audit, 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. 2.26 Registration in The service provider is to abide by the provisions of Payment of Karamchari Kalyan Wages Act & Minimum Wages Act in terms of clause 54 and 55 of Portal Indian 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 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 21

Tender Document No. :- VGT-01 Revision 0 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. ONBOARD HOUSEKEEPING SERVICES(FOR GATIMAN EXPRESS ONLY) 2.27 Housekeeping The licensee is required to provide housekeeping services free of cost services & to the passengers as per schedule and any other service as advised by Rates IRCTC). The schedule of housekeeping services are subject to revision by IRCTC from time to time. Licensee may engage services of professional reputed agencies with the approval of IRCTC, if required. 2.28 Supply of cleaning The licensee is required to provide cleaning material, soaps, Room material & soaps Freshener, toilet freshener free of cost, in the train along with necessary equipments, mops, squeeze, clearing agents etc as may be required to maintain the hygiene standards comparable to best industry practices. Licensee shall inform of brands of cleaning material, soaps and freshener etc. from IRCTC. IRCTC reserves the right to prescribe the brands for items to be used for cleaning material, soaps, fresheners etc. Decision of IRCTC shall be binding and final. 2.29 Modification/ The service schedule given is prescribed minimum and can be improvement in modified/improved with the approval of IRCTC from time to time. service schedule 2.30 Standards of The Licensee is expected to provide on-board housekeeping services services of very high standard comparable with superior airline catering services with regard to quality, hygiene, cleaning practices and grooming of the deployed cleaner. The services should be as per the schedule. Adequate spare stock of cleaning agents, fresheners, soaps, equipments etc will be maintained by Licensee. The Licensee shall make use of equipments properly and no damaged or equipments under repair or equipment not presentable shall be put to use. 2.31 Deployment of Licensee will deploy maximum 04 cleaners for the onboard Manpower - OBHS housekeeping services in the train. These numbers are based on 100% occupancy. The cleaners should wear proper clean and tidy uniform, which should be distinct from F&B staff, along with name badge. Cleaners should be medically fit to serve as cleaners onboard in train.

Tender Document No. :- VGT-01 Revision 0

3. INFRASTRUCTURE FOR PRODUCTION AND DISTRIBUTION 3.1 Adequate IRCTC will supply food from nominated base kitchens en-route as infrastructure per Annexure F ―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. 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 Licensee managed aspects and hygiene. FSS shall have authority to conduct food safety kitchens audit, 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.

Tender Document No. :- VGT-01 Revision 0 Annexure –C

Detail Train No. 22435-36, BSB-NDLS VANDE BHARAT EXPRESS Frequency 22435- 5 days(Tue, Wed, Fri, Sat, Sun) 22436 -5 days (Tue, Wed, Fri, Sat, Sun) Running Ex. BSB Ex.NDLS Between Dep: 1500 Hrs Arr: 2300 Hrs Arr: 1400 Hrs Dep: 0600 Hrs Via ALD, CNB Detail of Driver Car-02, Executive Chair car-02, Chair Car-12 Total = 16 Coaches coaches

Detail Train No. 12049-50, NZM to JHS Gatiman Express train. Frequency 12049- 6 days(except Friday) 12050-6 days (except Friday) Running Ex. NZM Ex.JHS Between Dep: 0810 Hrs Arr: 1235 Hrs Arr: 1930 Hrs Dep: 1505 Hrs Via AGC,GWL Detail of LWLRRM-02, LWFCZAC-02, LWCZAC-08 Total = 12 Coaches coaches

Train Detail Train No. 22671-72, MS-MDU TEJAS EXPRESS Frequency 22671 Ex-MS- Mon, Tue, Wed, Fri, Sat, Sun 22672 Ex-MDU – Mon, Tue, Wed, Fri, Sat, Sun Running Ex- MS Ex- MDU Between Dep: 0600 hrs Arr: 1230 hrs Arr: 2130 hrs Dep: 1500 hrs Via VM, TPJ, KQN Detail of 2 LWLRRM + 1 LWFCZAC + 12 LWSCZAC = 15 Coaches coaches

Train Detail (Regular timining) Train No. 22119-20, CSTM-KRMI Tejas Express Frequency 22119 Ex-CSTM- Tue, Wed, Fri, Sat, Sun 22120 Ex-KRMI - Tue, Wed, Fri, Sat, Sun Running Ex- CSTM Ex- KRMI Between Dep: 0550 hrs Arr: 1400 hrs Arr: 2315 hrs Dep: 1440 hrs Via DR, TNA, PNVL, RN, KUDL Detail of 2 LWLRRM + 1 LWFCZAC + 12 LWSCZAC = 15 Coaches coaches

Tender Document No. :- VGT-01 Revision 0

Train Detail (Monsoon period ) Train No. 22119-20, CSTM-KRMI Tejas Express Frequency 22119 Ex-CSTM - Mon, Wed, Sat 22120 Ex-KRMI - Tue, Thu, Sun Running Ex- CSTM Ex- KRMI Between Dep: 0550 hrs Arr: 1530 hrs Arr: 2315 hrs Dep: 1200 hrs Via DR, TNA, PNVL, RN, KUDL Detail of 2 LWLRRM + 1 LWFCZAC + 12 LWSCZAC = 15 Coaches coaches

Tender Document No. :- VGT-01 Revision 0 Annexure –D

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.

Concession 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.

Tender Document No. :- VGT-01 Revision 0 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 2019 and next installment on 19th July 2020 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 extension given, if any without interest by the IRCTC on peaceful Deposit vacation of pantry car/railway premises by the Licensee, after clearanmce 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 Demand Draft/Banker‟s Cheque / drawn at Delhi in favour of Indian Railway Catering and Tourism Corporation Limited/FDR hypothecated in name of IRCTC.

**Cheques will not be accepted.

Tender Document No. :- VGT-01 Revision 0 2.6 Mode of Concession fee shall be payable to concerned IRCTC/zone through payment of Demand Draft/Banker’s Cheque/RTGS/NEFT drawn at ------in Concession favour of Indian 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 Indian Railway Catering & Tourism Corporation Account Name 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

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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

Tender Document No. :- VGT-01 Revision 0

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. 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. Bid submitted entertained late will not be entertained. 4.3 Over writing/cutting No over writing/cutting/insertion in the Bid document is allowed. The not allowed 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 in the tender document. 4.5 Withdrawal of bid Please refer „Instructions to tenderers‟.

Tender Document No. :- VGT-01 Revision 0 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 given 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 licence 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 one 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.

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.

5.2a 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. 5.2b 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. 5.3 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. 5.4 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. 5.5 General liability of any The Licensee will bear the cost, throughout the term of the 31

Tender Document No. :- VGT-01 Revision 0 person License, for a comprehensive general liability insurance covering injury to 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. 5.6 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. 5.7 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. 5.8 Compliance of statutory Licensee shall be solely responsible for compliance with law applicable laws such as Goods & service Tax (GST)or any other law of the land and registration/approval from statutory authority, if required. 5.9 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 license number, as defined in the FSSAI act. If any item required for service is not available in the IRCTC;s approved list same should brought to the notice of IRCTC zonal authority and obtain approval. 5.10 No unlawful/ illegal Licensee shall not carry on any unlawful immoral or illegal activity activity in the train/at stations. 5.11 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. 5.12 Details of Staff Licensee shall be required to submit the details of the staff Engaged 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. 5.14 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. 5.15 Licensee’s staff All Catering staff engaged by the Service provider should gradually get qualified/certified to meet the following specifications.

Tender Document No. :- VGT-01 Revision 0 Pantry Car Manager: Minimum 12th Pass with 3 years Diploma in Hotel Management or Diploma in F&B Services from a Govt. recognized Catering Institute.. Cooks for Licensee Kitchen: Minimum 8th Pass with diploma/craft course in Food production from Govt. recognized 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. minimum 12 months experience in kitchen operations. F&B Service staff: 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. minimum 12 months experience in Food & Beverages Service operations. 5.16 Antecedent verification The licensee shall not in any capacity employ any person of of licensee staff bad 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. 5.17 Training of licensee IRCTC organizes training programmes to upgrade the skills of staff by IRCTC the licensee’s staff for which licensee should depute the staff on communication from IRCTC.

Monitoring & Inspections by IRCTC/Railway Officers & Inspectors 5.18 Monitoring of services by The Onboard services, production units and material shall be IRCTC Supervisors continuously monitored by IRCTC supervisors and the licensee’s staff should comply with any suggestion/corrective action with respect to services 5.19 Monitoring by IRCTC / On receipt of telephonic/SMS complaints/ twitter complaints etc Control office from the travelling public IRCTC control office will communicate the same to licensee and licensee should take immediate corrective action. 5.20 Inspections by IRCTC/ The Railway/IRCTC reserves right to inspect the production and Railway officers service to verify the compliance of tender conditions 5.21 Inspection of Static The Licensee shall make available such kitchens from which food Catering Units etc. by items are picked up for inspection by the Railway/IRCTC officials Food/Health Inspectors or any person so authorized by the Railway/IRCTC at any time. 5.22 Test/Inspection of food The Railway/IRCTC reserves the right to get the food samples/raw samples, etc. by IRCTC materials collected and tested at approved laboratories at the cost of the Licensee. The Railway/IRCTC shall have the right to inspect/check the services provided by the Licensee for reviewing its standards, quality

Tender Document No. :- VGT-01 Revision 0 and variety of food items of the Licensee including its base/cell kitchens, etc. at any time and may authorize any person or agency for this purpose to assess the performance of the Licensee. In case of unsatisfactory performance or complaint of any nature, the IRCTC will be entitled to initiate the suitable action against the Licensee including termination of this Agreement as per the terms and conditions of this Agreement. 5.23 Penalty for deficiencies For deficiency in performance noticed during inspections by noticed in Inspections Railway / IRCTC officers IRCTC at their sole discretion shall impose suitable penalty based on the gravity of such deficiency. The penalty may include termination of agreement for deficiencies and poor performance.

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 one years 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 of temporary 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 and 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 Excepts 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 34

Tender Document No. :- VGT-01 Revision 0 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 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 temporary licence 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 what so ever against IRCTC or any of the officials in consequence of such termination of the temporary licence. No refund of proportionate License 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. 6.11 Penalties for The level of passenger complaints and applicable penalties are placed Complaints at Annexure G. 6.11a Irregularities found If any irregularity is noticed during the Inspection of Railway / 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 Vande Bharat/Gatiman/Tejas trains, license shall be terminated with immediate effect along with debarment of 01 year. 6.12 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 temporary licence. 6.13 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,

Tender Document No. :- VGT-01 Revision 0 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. 6.14 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.

6.15 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. 6.16 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. 6.17 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 Licence the Security Deposit/Concession fee besides terminating or revoking the License. The Licensee may also be debarred from participating in the future projects of IRCTC.

Tender Document No. :- VGT-01 Revision 0 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 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, Concession fee, in the whole or part thereof as provided under terms and conditions of the licence. The License may also be debarred from participating in the future projects of IRCTC after giving notice to the licensee. 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, 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-K. 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(a) 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. 10.2(b) Testing of Food In case of Food supplied by Licensee, he shall get all the items tested Samples trough a third party NABL accredited laboratory once in a weak. A copy of the test report should be submitted to IRCTC Zone on monthly basis and also maintain the same for future requirement. The cost of test shall be borne by licensee 10.3 Provision of Food IRCTC may deploy Food Safety Supervisors (FSS) in the kitchens of safety supervisors in licensee to verify compliance of food safety related aspects and hygiene. Licensee managed FSS shall have authority to conduct food safety audit, collect samples for kitchens 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.

Tender Document No. :- VGT-01 Revision 0 11 OTHER CONDITIONS

Advertisement/ The Licensee will not engage in or permit any 11.1 Publicity/ Sponsorship advertisement/publicity/sponsorship of any brand or product, directly or indirectly, without prior approval of IRCTC. The license 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 “H”.

11.2 Payment of taxes/dues The Licensee will be liable for payment of all taxes/duties 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 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.

11.11 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. 39

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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.

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GENERAL CONDITIONS OF LICENSE SECTION – TWO

1.0 FINANCIAL TERMS AND CONDITIONS

1.2 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 the inability to manage the increased /decreased frequency, Licensee can exit as per provision of exit clauses mentioned in tender document. 1.3 Refund of In the event of permanent cancellation/withdrawal of train service by Concession Fee the Railway Administration, the temporary licence 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. 1.4 Cancellation of trips In case of cancellation of trips of the run of the train by Railways proportionate concession fee will be adjusted /refunded on submission of certificate issued by concerned Railway authority duly endorsed by respective IRCTC Zone 1.5 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. 1.6 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.

1.7 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 Liaison with zonal IRCTC may assist the licensee for all purposes regarding maintenance 2.1 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 solely responsibility of the licensee to approach and coordinate with the concerned authority for completing the required formalities and procedures and payment of prescribed dues.

Tender Document No. :- VGT-01 Revision 0 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 Licensee shall not be entitled for any compensation for car 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 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.

Tender Document No. :- VGT-01 Revision 0 3.5 Deployment of on Licensee will deploy have one Food & Beverages Manager who will be board staff responsible for overall services on the train. 01 staff in each coach of train should be female.

3.6 Provision of Licensee will arrange his own equipment other than those provided in equipment the mini pantries 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.

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 in the originating and terminating stations and the facilities provided in mini pantries

3.10 Use of toilets for Washing of vessels or any other service equipment in train toilets is washing of vessels strictly prohibited and any complaint / adverse report in this regard shall attract severe penalty which may include termination of license. 3.11 Damage to pantry The Licensee shall be responsible for all damages caused to the said equipment pantry car and the equipment provided therein arising out of facts of omission and commission of their staff. 3.12 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

4. OTHER CONDITIONS

4.1 Food articles not to Food articles should not be kept on floor of the coach. be kept on floor 4.2 Use of toilets for Any complaint or report on the incidence of stocking of items in train keeping packed toilets shall attract severe penalty which may include termination of food items contract 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

Tender Document No. :- VGT-01 Revision 0 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. 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 employed with his or her left/right hand thumb impression affixed thereon in Printer‟s ink which he will carry with him/her while on duty. The expenses for such verification are to be borne by the licensee.”

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Menu for Catering Services

1. GATIMAAN EXPRESS

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Tender Document No. :- VGT-01 Revision 0 2. Tejas and Vande Bharat Express

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Note: Licensee shall inform the brands/make of the packaged items being served in the menu. IRCTC reserves the right to specify the brand/make of items which shall be final and binding on the licensee.

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Part-I Sector wise catering services (excluding applicable taxes)

1. 12049-50

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Annexure- "F"

Part-II

RAIL NEER SUPPLY POINTS-

Sr Train Nos Station Contact details of the concerned control office No 1 22435-36 NDLS, ALD, North Zone controlnorthz 011- CNB Control [email protected] 23322147 m

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RAIL NEER SUPPLY POINTS-

Sr Train Nos Station Contact details of the concerned control office No 1 22119-20 CSTM, DR, West Zone controlwestzo 022-

PNWL Control [email protected] 22632484

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RAIL NEER SUPPLY POINTS-

Sr Train Nos Station Contact details of the concerned control office No 1 22671-72 MS, TPJ, South Zone controlsouthz 044- MDU Control [email protected] 28365031 m

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RAIL NEER SUPPLY POINTS-

Sr Train Nos Station Contact details of the concerned control office No 1 12049-50 HNZM North Zone controlnorthz 011- Control [email protected] 23322147 m

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Part-III

Maximum catering charges payable for each service (Excluding GST)

1. Gatimaan Express Meal service Catering Charges payable Supply of food Service charges (Production) (excluding GST) (excluding GST) Class – CC Breakfast 122.85 40.95 Evening Tea 122.85 40.95 Snacks 31.77 10.59 Meal service Catering Charges payable Class –EC/EA By the licensee

Breakfast 178.50 59.50 Evening Tea 178.50 59.50 Snacks 50.84 16.94

2. Vande Bharat Express Meal service Catering Charges payable Supply of food Service charges (Production) (excluding GST) (excluding GST) Class – CC Morning Tea/Tea 10.68 3.56 Breakfast 76.23 25.41 Lunch 158.17 52.72 Evening Tea with 47.02 15.67 Snacks Dinner 158.17 52.72 Meal service Catering Charges payable Class –EC/EA By the licensee

Morning Tea/Tea 10.68 3.56 Breakfast 99.75 33.25 Lunch 173.85 57.95 Evening Tea with 74.81 24.93 Snacks Dinner 173.85 57.95

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3. Tejas Express Meal service Catering Charges payable Supply of food Service charges (Production) (excluding GST) (excluding GST) Class – CC Breakfast 86.93 28.97 Lunch 158.17 52.72 Evening Tea 47.02 15.67 Dinner 158.17 52.72 Meal service Catering Charges payable Class –EC/EA By the licensee

Breakfast 110.43 36.81 Lunch 173.85 57.95 Evening Tea 74.81 24.93 Dinner 173.85 57.95 **Note:- In case of Tejas Express Morning tea is included in tariff of Breakfast.

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

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Penal Provisions for passengers‘ complaints Complaints received will be divided in 6 levels based on their severity:- Level of Complaint Type of Complaint Fine/Penalty for first occurrence Level I  Cold food served Rs 5000  Delay in service of food  Not responding to the passengers  Poor presentation of food in tray, leaking of casseroles etc.  In appropriate service ( such as- not placing food trays properly in front of passengers)

Level II  Personal Hygiene of Waiter is bad such as Rs 10000 torn and unwashed uniforms, untrimmed nails, non wearing of cap / apron/shoes/ name badge etc.  Non provision of hand sanitizer.  Non provision of proper cutlery/flask Level III  Choice of food Veg/ Non Veg not provided Rs 15000  Hair found in food  Less weight of food  Talking in harsh tone with Passenger  Not providing second water bottle after 20 hrs of journey.  Non provision of proper crockery and cutlery in I -AC Level IV  Demanding of tips Rs 25000  Not providing all defined menu items  Foreign inert particles such as wood, metal, plastic etc found in food  Stale food served  Non provision of e bill to passengers who opted out at the time of booking but decide to purchase food on board  Complaints of sickness due to food Level V  Insect found in food such as flies / worms/ Rs -50000 cockroaches/ ants etc Second occurrence within 3 months  Use of Abusive language with the Passenger Rs 1 Lakhs. Third occurrence will be counted as level VI. Level VI  Man Handling the Passenger Rs - 2 Lakhs  Lizard, mouse etc found in food Second occurrence - Cancellation of  Hospitalization of passengers attributable to License/ Forfeiture/ Appropriation of food poisoning if proven SD against outstanding/ Debarment from future participation in IRCTC Projects for 01 year. Note:- 1. IRCTC will assign the level for any other complaint received but not defined above. No representation on level assigned by IRCTC will be entertained. 2. In case of receipt of certain level of complaint again within 3 months in same train, the fine of next higher level will be levied.

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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—I(i)

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Annexure—I(ii)

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Specifications for On Board catering staff uniform for Vande Bharat/Gatimaan/Tejas Express

(For Male/Female staff)

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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-- ―M"

Format for Occupancy Certificate