E-BID DOCUMENT (Limited Tender) FOR OPERATION AND MANAGEMENT OF JAN AHAR FOR PROVISION OF CATERING SERVICES AT LOKMANYA TILAK TERMINUS RAILWAY STATION (LTT) .
Last date and Time of On line Submission of bid : 22/10/ 2018 up to 15:00 Hrs Date and Time of Online Opening of bids : 22/10/ 2018 at 15:30 Hrs
Tender No:2018/IRCTC/WZ/Tender/Catg/LTT Date : 03/10/2018
Address: Indian Railway Catering and Tourism Corporation Ltd. 2nd Floor New Administrative Building, D N Road , CSMT Mumbai -400001 Ph: 022-22618063 Fax No: 022-22618066
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Documents to be submitted along with the bid
Name & Address of the firm
S.No Document Checklist Submitted/Not Submitted
1 EMD of Rs 83,300/- to be submitted Online.
2 Bid Document duly digitally signed by the authorised signatory.
3 Copy of PAN Registration
4 Copy of GST of other applicable taxes Number(s) of state concerned (as applicable)
5 Existing Food Plaza/Fast Food Unit location with Details of Letter of Award with valid FSSAI certificate OR Letter of empanelment by IRCTC(as applicable) 6 Affidavit (as per the format enclosed as Annexure –‘D’)
7 Any other information
8 Format of Submission of Bid
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INSTRUCTIONS TO THE BIDDERS
1 All pages of this bid document should be duly signed and stamped by the authorized signatory of the applicant and uploaded online.
2 Complete tender document papers , shall be received online as per date & time of submission mentioned above. Tenders shall be opened through E-Tendering systems at the time & date mentioned above.
3 The bid document is not transferable and the intending bidders are advised to study the General and Special conditions of the License as amended from time to time and make themselves conversant with their contents as these shall govern this License and shall form an integral part thereof.
4 Corrigendum/ Addendum to this tender, if any, shall be published on website www.irctc.com/ www.tenderwizard.com/IRCRC only. Newspaper/Press advertisements shall not be issued for the same.
5 For any difficulty in downloading & submission of tender document at website www.tenderwizard.com/IRCTC, please contact helpdesk No. 011-49424365, or mobile no. 8800907637
6 IRCTC reserves the right to reject any or all the tenders without assigning any reason thereof. 7 Quotations received after last date and time shall not be entertained. 8 Incomplete Quotations are liable to be rejected.
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(Format for submission of Bid)
Group General Manager Indian Railway Catering and Tourism Corporation Ltd. 2nd Floor. New Administrative Building , D N Road CSMT Mumbai-400001 Ph: 22618063/64
Subject: Submission of Bids & bid document for operation and management of Jan Ahar for provision of catering services at Lokmanya Tilak Terminus Railway Station (LTT).
Dear Sir, a) 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 bid document for operation and management of Jan Ahar for provision of catering services at Lokmanya Tilak Terminus Railway station (LTT )on temporary basis in the attached schedules and hereby bind myself / ourselves to complete all the formalities from time to time as required after the award of temporary license. b) I / We hereby understand that the submission of offers/bids does not guarantee allotment of temporary license for bid document for operation and management of Jan Ahar for provision of catering services at Lokmanya Tilak Terminus Railway station (LTT .) c) 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 temporary license or revoke the same with forfeiture of SEMD/Security Deposit and licence fee including debarment for a period of 03 (Three) years at any time without assigning any reason whatsoever. d) 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 the license. Till the formal agreement is signed, letter of award, my/our acceptance and terms and conditions of this bid document will be binding on both the parties. e) 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. f) 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 further participation in the future tenders of IRCTC for a period of one year.
I/we do hereby confirm that I/we have the necessary authority and approval to submit this bid for temporary license for bid document for operation and management of Jan Ahar for provision of catering services at Lokmanya Tilak Terminus Railway station (LTT ). A notice or letter of communication addressed to me/us at the given address given in the Bid, even by ordinary post/e-mail will be deemed to be valid and proper notice of intimation to me/us.
Authorized signatory Name & Designation and seal
Address: e-mail Tele & Fax: Date: Place:
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1. GENERAL INFORMATION
1.1 Empanelled Parties are required to submit covering letter for submission of bids, as per above format. 1.2 The details of the Jan Ahar (Name, location & area of unit) are enclosed as Annexure – ‘A’. 1.3 The timings of meal services are mentioned at Annexure – ‘B’ subject to revision from time to time as per advice of IRCTC. 1.4 Financial bid format is enclosed at Annexure-‘C’ 1.5 Format of Affidavit is enclosed at Annexure-‘D’ 1.6 General Conditions of the license are enclosed as Annexure-‘E’.
2. SCOPE OF WORK The Licensee will be responsible for providing the following services from Jan Ahar at LOKMANYA TILAK TERMINUS RAILWAY STATION(LTT) 2.1 Catering The licensee is required to provide catering services to services, menu passengers as per demand and packaged meals to mobile & rates units as per advise of IRCTC. The meals shall comprise standard breakfast, standard lunch/dinner, a-la-carte, Ready to Eat (RTE), proprietary articles (PA) items, packaged drinking water (PDW), Snacks etc. as applicable and as per the menu & rates enclosed as Annexure – ‘F’ subject to revision from time to time. The catering charges and menu are liable to change at the discretion of the IRCTC/Railway. In addition licensee may submit the additional menu items with rates, keeping in view of public demand/local cuisine, the same will be considered by IRCTC for approval and decision of IRCTC shall be final and binding. 2.3 Supply of Licensee is required to supply of meals i.e. Breakfast, Lunch & catering items Dinner, Snacks etc. at prescribed transfer rates to other units to IRCTC units. as per the advice of IRCTC. The menu, rates are subject to change from time to time. The Supply of Standard Breakfast/Lunch & Dinner from Major Static catering Units may be linked to mobile units as per the requirements and advised by IRCTC. In case of non-supplies, IRCTC shall take suitable punitive action including but not limited to termination of license. Selling of Janta Meal and Railneer is mandatory. 2.5 Supply & Rates Licensee is required to sell packaged drinking water (PDW) for Rail Neer Rail Neer to passengers which will be provided by IRCTC at the prescribed rates which are subject to change from time to time as revised by IRCTC. 2.6 Supply of Rail In case of non availability/ inadequate supply of Rail Neer by Neer IRCTC: - Licensee will be permitted to sell packaged drinking water of IRCTC approved brands from time to time for which he should inform IRCTC Central or Zonal Control offices. E-Mail id’s of IRCTC Control offices are, Central [email protected] 011-23345300 ZoneControl
North Zone [email protected] 011-23322147 Control East [email protected] 033-26381743 Control West Zone [email protected] 022-22632484/ Control 22618067 b South Zone [email protected] 044-28365031 Control South Central controlsouthcentralzone@irctc. 040-27800648 ZoneControl com
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3. MINIMUM ELIGIBLITY CRITERIA
3.1 The existing Food Plaza(FP) and Fast Food Unit (FFU) operators under IRCTC at A1 And A class stations, who have commissioned at least one unit on date of opening of bids.
OR
3.2 The parties empanelled by IRCTC for Operation and Management of Refreshment Room, Jan Ahar, Cell Kitchen & Base Kitchen for provision of catering services on temporary basis.
3.3 The party should not be debarred/blacklisted by Indian Railways/IRCTC/ MoR on date of opening of bids. An affidavit to this effect may be submitted as per the format enclosed at Annexure- ‘D’
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Annexure – ‘A’
NAME OF UNIT: Jan Ahar –LTT LOCATION: Existing Jan Ahar at New Station Building AREA: 186 Sq Mtr BRIEF OF AVAILABLE Nil EQUIPMENTS: ANY OTHER: Nil MINIMUM LICENSE FEE 5,00,000/- FOR SIX MONTHS (IN RS)
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Annexure-‘B’
Meal Service Schedule:
MEAL SERVICE From To BREAKFAST: 0630 hrs 1030 hrs LUNCH: 1130hrs 1500 hrs EVENING 1530hrs 1830 hrs SNACKS: DINNER: 1900 hrs 2300 hrs OTHER MEALS: ------
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Annexure – ‘C’
QUOTATION FOR TEMPORARY LICENSE FOR OPERATION AND MANAGEMENT OF JAN AHAR FOR PROVISION OF CATERING SERVICES AT LOKMANYA TILAK TERMINUS RAILWAY STATION. Sub:- Award of temporary license for operation and management of Jan Ahar for provision of catering services at Lokmanya Tilak Terminus Railway station (LTT ).
• I/We agree to provide meal services to passengers as advised by IRCTC. • I/We agree to provide supply of meal services in IRCTC units at short notice as advised by IRCTC. • I/We further certify that I/We am/are ready to provide the catering services as per the terms and conditions of the bid document. • I/We understand that temporary license is only on ad-hoc basis to maintain the services in public interest and IRCTC/Railway will award regular license as per extant policy guidelines. • I/We shall vacate and handover the possession of Jan Ahar -LTT. IRCTC decision in this regard shall be final and binding. • I/We understand that IRCTC reserves the right to reject, accept or consider any offer without assigning any reason whatsoever. • I/we agree to abide by all the terms and conditions of the bid document.
Minimum amount of License Fee payable: Rs 5,00,000 /- for 06 months (excluding applicable GST). My/Our quotation is as under: -
(1) (2) TO BE FILLED BY THE BIDDER JAN AHAR AT Guaranteed License Fee for Six Months (in INR) excluding LOKMANYA TILAK applicable GST TERMINUS In Figure In Words RAILWAY STATION
(LTT). To Be Filled Only Online in Given XLS Format
Note: • In case of discrepancy in the amount quoted in figure and words, the amount written in words will be taken into consideration. • Any offer less than the minimum amount mentioned above shall be rejected. • Any overwriting, correction or insertion will not be accepted. • GST is payable extra as per applicable rates(SAC:997336)
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Annexure –‘D’
AFFIDAVIT (To be Printed on Non-Judicial Stamp paper of Rs 100/-)
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 affidavit.
2. That the company/firm namely…………………………..has not been debarred or banned or black listed by IRCTC or Railways or Ministry of Railways.
3. That the affidavit is given for participation in Tender process with IRCTC.
DEPONENT
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 ______on this day of ______, 2018.
DEPONENT
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Annexure-‘E’
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. 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 Documents mutually 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 Maharashtra.
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2. FINANCIAL TERMS AND CONDITIONS
2.1 Security Successful bidders shall deposit Security Deposit equivalent to Deposit 10% of the Quoted LF or Rs 1.00 lakh , whichever is higher, along with quoted License fee at the time of award of License. 2.2 Earnest EMD of Rs 83,300 /- to be submitted on line. Money Bids submitted without EMD will be considered invalid.. Deposit (EMD) ` 2.3 Refund of The Security Deposit will be refunded without interest by the Security IRCTC at the time of peaceful vacation of the unit at railway Deposit premises by the Licensee after providing for settlement of all dues or arrears arising out of the use of unit at railway premises by the Licensee. 2.4 Maintenance Licensee will be required to maintain proper record of sales to of record of ascertain the Gross Sales Turnover (Including Tax) and make it gross sales available for inspection by IRCTC. turn over 2.5 Payment of The Licensee shall pay his other charges such as conservancy other and municipal taxes etc. on actual cost basis as and when charges by they are due to the appropriate authorities. In case of default, the Licensee in payment of any dues, IRCTC reserves the 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 18% per annum for the number of days in default until the balance pending payments are cleared. 2.6 Recovery of IRCTC reserves the right to recover any outstanding dues from outstanding the licensee by adjusting the same against any amount amount/security of the licensee or any amount payable to the licensee either under this contract or any other contract. 2.7 Mode of License fee, Security Deposit shall be payable through Demand payment Draft/Banker’s Cheque/RTGS/NEFT at Mumbai in favour of Indian Railway Catering and Tourism Corporation Limited. NEFT/RTGS detail as under - Account Name Indian Railway Catering & Tourism Corporation Ltd. Account 50200021704368 Number Account Type Current Account Bank Name HDFC BANK Branch Shreeji Arcade Phadke Road Madan Thakre Chowk, Dombivali –E, Thane District, Mumbai-421201, Maharashtra. IFSC Code HDFC0000175
3. PERIOD OF TEMPORARY LICENSE
3.1 Total Term of temporary license will be for a period of 06 month tenure & from the date of commencement of services extendable further exit from for a period of maximum 06 month or for lesser period and temporary shall be granted at the sole discretion of IRCTC on payment of license pro-rata quoted license fee and clearance of all dues.
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4. SUBMISSION OF BIDS
IRCTC reserves IRCTC reserves the right to terminate the bidding process 4.1 the right to at any stage and will not be responsible for any loss or terminate the damages which the bidder may incur in the process. The bidding process Bids can be rejected without assigning any reason. 4.2 Bids not to be a) Conditional / telegraphic Bids shall not be entertained entertained. Financial bid, including all the pages of the bid document, duly stamped and signed by the bidder(s) should be submitted in original, unless specified otherwise, in their respective envelops. b) Bids received after 1500 hrs. on the due date for submission of bids will not be entertained. 4.3 Over No over writing/cutting/insertion in the Bid document is writing/cutting allowed. The Bids once submitted would be binding on not allowed the Party and any subsequent alteration/amendment will not be entertained. 4.4 Signing and All the pages of the Bid document, including financial stamping of bid bid, must be signed and stamped by the authorized document signatory of the applicant failing which the Bid may be treated as invalid. 4.5 Withdrawal of The bidder may withdraw its bid after submission, bid provided that written notice of withdrawal is received by IRCTC at-least one day in advance, excluding the date of receipt of bid. 4.6 Corrupt or If the Licensee has engaged in corrupt or fraudulent Fraudulent practices, in competing for or in executing the License, Practices the Licensor may, after giving 14 days notice to the Licensee, terminate the License. For the purpose of this Sub-Clause: “corrupt practices” means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the procurement process or in License execution; “fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a License to the detriment of the Licensor, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non competitive levels and to deprive the administration of the benefits of free and open competition. 4.7 Award of License In case the existing Licensee is the successful bidder, the to the Existing award of license shall be subject to the clearance of Licensee outstanding and payable against IRCTC/Railways. 4.8 Non acceptance In case the successful bidder fails to accept the offer of of award award of License along with security deposit and license fee, within the stipulated time as advised by IRCTC, the license shall be terminated and 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.
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5. OBLIGATIONS AND RIGHTS OF LICENSEE
5.1 Certificates/ Licensee will obtain necessary permissions 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 Display of rate list The Licensee shall exhibit approved bilingual tariff and list of items to be sold along with quantity prominently for the information of the customers in the unit as have been agreed upon from time to time by the IRCTC. Licensees are required to display GST No. on every bill. 5.3 Sale of items with The Licensee shall not sell the items other than those IRCTC’s approval approved by IRCTC/Railway. Sale of unauthorized items if detected in contravention to approved items, the licensor or its/his authorized representative/official may seize such items and the unauthorized seized items shall be disposed off as per policy of IRCTC in addition to any penalty to be imposed for such contravention. 5.4 Right of user’s only Licensee will only provide the catering services in Jan Ahar –Lokmanya Tilak Terminus Railway Station (LTT)and will have the right of user only on leave and License basis. 5.5 Relation of The employees, contractors, sub contractors of the Licensee’s labour Licensee will not be in any contractual relation either with the IRCTC or the Indian Railways. 5.6 General liability of The Licensee will bear the cost, throughout the term any person of the 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. 5.7 Inspection by Licensee will also be obligated to get his premises Food/Health inspected by Food/Health inspectors at regular Inspectors intervals in addition to having a food License from concerned Railway/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. 5.8 Compliance of Food Licensee shall be responsible for the compliance of Adulteration Act the provisions of Food Safety and Standard Act-2006 or any other amendments thereto. 5.9 Compliance of Licensee shall be solely responsible for compliance statutory law with applicable laws such as Sales Tax Law, Provident Fund Law, Labour Law or any other law of the land and registration/approval from statutory authority, if required.
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5.10 Use of FSSAI All food ingredients being used for products only preparation/service to the passengers shall bear FSSAI license number, as defined in the FSSAI act. IRCTC may define the brand/source of food ingredients and IRCTC instructions shall be binding. 5.11 No unlawful/ illegal Licensee shall not carry on any unlawful immoral or activity illegal activity in the Jan Ahar -Lokmanya Tilak Railway Station ( LTT)Or at the Railway station. 5.12 Provision of The Licensee shall keep IRCTC suggestion/complaint suggestion book book at a conspicuous place where the passengers can register their suggestions/complaints without any difficulty. This suggestion book shall be serially numbered and pre-authenticated by IRCTC. 5.13 No use of plastic Licensee shall not use plastic material. Eco- material friendly/bio-degradable packaging material should be used for supply of food items. Instead of plastic, good quality paper glasses should be used for serving tea/coffee, mineral water etc.
Garbage collection and its disposal after each service will be done by the licensee in a satisfactory manner. 5.14 Details of Staff Licensee shall be required to submit the details of the Engaged staff engaged by him for the provision of services on monthly basis to IRCTC, as per advice of 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.
5.15 Conducting of Licensee will be allowed to operate only from the Business allotted Jan Ahar outlet. Any other mode of business will not be permitted unless advised by IRCTC.
6. CONDITIONS GOVERNING THE PERFORMANCE OF THE LICENSE
6.1 Acceptance of Successful parties shall be required to accept the offer award of License for award of license along with payment of security and submission deposit and license fee as per schedule prescribed by of Security IRCTC.
Deposit In case, offer for award of license is not accepted within the time limit fixed by IRCTC, the licensee may be debarred for participating in the future projects of IRCTC for a period of one year. 6.2 Failure to Licensee is required to deposit License Fee, in advance, deposit License as per advice of IRCTC, for the period of temporary fee – post license and extension thereof if any, to IRCTC. In case commissioning of Licensee fails to deposit the License fee within the license stipulated time frame, IRCTC shall charge interest @ 12% per annum calculated for the number of days of default and in case of inordinate delay IRCTC may initiate the termination proceeding to terminate the contract at the risk and cost of licensee. 6.3 Execution of The successful Bidder shall be required to execute an agreement agreement on non-judicial stamp paper of Rs.100/- at his cost before start of work. Till then the letter of award of License shall form the binding agreement between
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IRCTC and the Licensee. 6.4 Liability of IRCTC will not be liable for any liability arising under the IRCTC labour laws or any other law of the land, incurred by the Licensee. 6.5 Notice by Any notice in terms of this License by either Party will be Courier/ given at the address stated herein above by Registered AD 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 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 compensation being 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 The Licensee will indemnify the IRCTC/Railway by Licensee administration for any loss or damage caused by Licensee because of his fault or default. 6.8 Verbal or written Except as here by otherwise provided any verbal or arrangements written arrangements abandoning varying or other than the supplementing this agreement or any of the terms hereof agreement 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 All questions All questions, disputes and or differences arising under /disputes and or or in connection with this agreement or in touching or differences relating to or concerning the construction, or affect of presents (excepts as to matters the decision whereof is other-wise herein before, expressly provided for) shall be referred to the sole arbitration of the officer/officers or persons nominated by the GGM/IRCTC whose decision in this regard shall be binding on the Licensee. 6.10 Presence of The Licensee or a duly authorized and competent Licensee/ Manager appointed and paid by the Licensee shall authorized remain present in person to manage or supervise the Manager 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. The name(s) of the Manager will be advised by the Licensee to the IRCTC from time to time. 6.11 Unsatisfactory In the event of unsatisfactory service, poor quality of services etc. articles, 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 license without any previous notice to the Licensee and in case of such termination the Security Deposit be forfeited by the IRCTC and the
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Licensee shall have no claim what so ever against IRCTC or any of the officials in consequence of such termination of the temporary license. 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 Licensee may also be debarred from participating in the future projects of IRCTC after issuance of notice to the licensee. 6.12 Consequence to If the Licensee is a partnership firm and in case there is the death / permissible clause in the constitution of the firm that the severance of any firm shall not be dissolved by reason of the death of one partner/s (in partner or the severance of any partner from the case of business of the firm and in case the performance of the partnership firm) 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 license. 6.13 Liability for The Licensee accepts liability, civil and criminal for provision of compensation/damages in accordance with provision of Consumer Consumer Protection Act or any statutory modification of Protection Act. the Act or any other law for the time being in force for action occasioned by negligence, deficiency of service, imperfect or improper performance by the Licensee, his workmen, servants and agents. The Licensee shall indemnify the licensor and railway administration from and against all payments made under the provision of the said Act or law including all costs. Any money which may become payable by the Licensor as aforesaid shall be deemed to be money payable to the licensor by the Licensee and in case of failure by the Licensee to repay the licensor any money paid by it as aforesaid within seven days after the same have been demanded by the licensor shall be entitled to recover the same from the Security Deposit or from any money due by the licensor to the Licensee. 6.14 Notice to the Any notice to be served on Licensee’s shall be deemed to Licensee be 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, submitted at the dispatch section of west Zone office sent by registered post/courier addressed to the GGM, Indian Railway Catering and Tourism Corporation at its Zonal office at IRCTC/WZ/Mumbai. 6.15 Notices on behalf Subject to as otherwise provided in this agreement, all of IRCTC notices to be 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 Group General Manager/Joint General Manager/Deputy 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 Only Licensee who will be responsible for fulfillment of all License conditions with IRCTC.
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7. EVENTS OF DEFAULT
7.1 Breach of any In the event of any breach of the said terms and terms and conditions of the License, the IRCTC shall be entitled to conditions of the forfeit the whole or the part of the Security License Deposit/License fee besides terminating or revoking the License. The Licensee may also be debarred from participating in the future projects of IRCTC. 7.2 Termination of The licensor shall also be entitled at any time forthwith to License on other terminate the License without notice in any of the events of default following events, that is to say (a) 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 termination 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 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 Fail to provide IRCTC at their discretion may call for any record to any record to satisfy them regarding operation of the License and IRCTC 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 Information IRCTC must be furnished by the contractor/licensee required by within 15 days, failing which suitable penalty including IRCTC 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 Jan failure to start Ahar –Lokmanya Tilak Terminus Railway Station (LTT), the services from the prescribed date as mentioned in the letter for 18 | P a g e
award/commencement of services, IRCTC reserves the right to annul the License and forfeit the Security Deposit, License fee, in the whole or part thereof as provided under terms and conditions of the license. The Licensee 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 termination having occurred, 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 unit to the IRCTC/Railways.
9. ARBITRATION
9.1 In the event of any dispute or difference arising under these conditions of License or in connection with this License (except as to any matters, the decision of which is specifically provided for by these or the special conditions) the same will be resolved by Arbitration, as per the provisions of ‘The Arbitration and Conciliation Act – 1996.’ The venue of the Arbitration shall be Mumbai. All questions, disputes and or differences arising under or in connection with this agreement or in touching or relating to or concerning the construction, or affect of presents (excepts as to matters the decision whereof is other-wise herein before, expressly provided for) shall be referred to the sole arbitration of the officer/officers or persons nominated by the GGM/IRCTC whose decision in this regard shall be final and binding on the Licensee.
10. HYGIENE AND QUALITY CONTROL
10.1 Sale of reputed Licensee will provide products of reputed brands only duly brand & storage, approved by IRCTC. The storage, handling of raw materials handling of food and finished products will be in extreme hygienic items conditions and as per acceptable norms of 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. It should be ensured by the licensee that no plastic storage bags are used for storing Veg./ Non Veg. or any other raw/ cooked food items. 10.2 Collection of IRCTC reserves the right to get the food samples / raw food samples material collected and tested at approved laboratories at the cost of the Licensee.
11 OTHER CONDITIONS 11.1 Advertisement/ The Licensee will not engage in or permit any Publicity/ advertisement/publicity/sponsorship of any brand or Sponsorship product, directly or indirectly, without prior approval of IRCTC. 11.2 Payment of The Licensee will be liable for payment of all taxes/duties taxes/dues service tax and other liabilities in respect of the business. 11.3 Liability for The Licensee shall accept liability for
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compensation/ compensation/damages under the Consumer Protection damages Act or any other law in respect of 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 licensee shall, at all times indemnify the IRCTC performance against all claims and penalties which may be suffered certain acts by IRCTC or any person employed by them by reason of any default on the part of the licensee 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 License part thereof, or any benefit or interest therein or there under. 11.6 Compliance of The Licensee shall comply with any other instructions instructions issued by 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 at the unit, namely products – tobacco 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/so IRCTC may specify quality/make/source of Packaged urce of Packaged drinking water to be sold by the licensee. The licensee Drinking Water shall accept IRCTC’s 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. The decision of the GGM of IRCTC in this regard shall be final. 11.10 Vacation of Jan At the end of the tenure Licensee and his staff shall Ahar Unit vacate the unit and handover the possession of the unit to IRCTC. 11.11 Staff Uniform The licensee shall provide distinctive uniforms for catering staff with their identity cards clearly mentioning the nature of job assigned. The staff will also display the nameplate along with the designation for clear identification of their area of work.
11.12 Attendance The licensee shall maintain the attendance register of all Register the catering staff. The attendance register will also mention the designation of the staff like manager, waiter, cleaner, cook, helper, etc.
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12. MANDATORY CONDITIONS
12.1 Veg. stickers of Green /Non Veg stickers of Red colour is to be compulsorily pasted on parcel lids. 12.2 Stickers indicating, 1) Date of manufacturing & 2) To be consumed within 1 to 2 hours stickers on parcel lids 12.3 Paytm and BHIM App for Digital/Cashless payments must be available for passengers at all times without fail. It is mandatory for the licensee to install Electronic Bill Issuing POS. 12.4 Display of Signage: “No Bill. The food is for free” stickers to be prominently displayed at Cash Counter, Rate List and Display Counters. 12.5 Display of Signage: Charge only “ MRP on all products, No MRP, the license get cancelled” A file must be maint ained consisting statutory compliance 12.6 certificates like FSSAI, Staff medicals, Fire fighting training certificate, Gas line Maintenance, Pest Control Schedule etc. 12.7 CCTV Camera with recording of upto last 03 months facility. 12.8 Inspection Register, Complaint Register should be available. 12.9 It is mandatory to install Electronic Billing System for billing. 12.10 No, Plastic wrappers , bags or any service equipment will be allowed.
13. FORCE MAJEURE
13.1 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 unit 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 majeure 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
1.1 Payment of Bidders are required to quote License Fee excluding GST License fee as applicable, for a period of 06 month. Successful bidder will be required to deposit quoted license fee for a period 06 month along with applicable GST thereon, in advance, before start of work and as advised by IRCTC. 1.3 Assessment of IRCTC reserves the right to assess the sales turnover Sales turnover during the period of license. 1.4 Refund of In the event of permanent closure of station/unit by the License Fee Railway Administration, the temporary license shall be terminated without any notice or assigning any reasons. In such an event refund of License Fee will be admissible in the following manner: - i) the proportionate License Fee will be refunded.
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.
2. OBLIGATION AND RIGHTS OF THE IRCTC
Co-ordination IRCTC will coordinate with Railways for all purposes 2.1 with zonal regarding maintenance of structure, building etc, and railways other operational matters. 2.2 Provision of Licensee will ensure day-to-day upkeep and cleanliness of equipments & its each part and area of unit including the equipments. maintenance 2.3 Issue of medical IRCTC will advise Railway administration to issue medical certificates certificate 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. 2.4 No guarantee to The Railway administration or IRCTC do not guarantee to maintain maintain operations at station and due to operational operation at exigency or any other administrative reason, the station station. operation may be partially /fully/temporarily/permanently closed. The Licensee shall not be entitled for any compensation for any such closure or in the event of their rights of providing services in the said unit being affected impeded or interfered with by reasons or suspension of traffic by the Railway Administration or any alteration in the operational timings of Railway station, or due to any reduction in the number of passengers traveling etc. However, in case of closure of the unit resulting in non provision of catering services from the unit, pro-rata license fee may be refunded/adjusted, subject to receipt of written confirmation from Railway administration. 2.5 Inspection by IRCTC will inspect/check the services for reviewing its IRCTC standards, quality and variety of food items, standards for maintenance of cooking areas and washing areas, disposal 22 | P a g e
systems etc. of the Licensee 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 user’s feed back to know the back level of passenger satisfaction. 2.7 Right to resume The IRCTC/railway administration reserves the right to the possession resume possession of the unit if required for the purpose of of unit working of the Railway.
3. OBLIGATION AND RIGHTS OF THE LICENSEE
3.1 Standard of The Licensee is expected to provide good quality of food services and beverage in hygienic and presentable conditions. Maximum retail price, manufacturing date, expiry date, batch no. etc., as applicable, should be printed on the packed items.
3.2 Approval of Crockery, cutlery, napery and other service wares used in service wares etc. the service are 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 Standard of The staff to be deployed in the unit must be well groomed deployed Staff and wear neat and clean uniforms with name badges. For Supervisors, Service, Production and Support staff, the design and colour scheme should be different for easy identification. The Licensee shall inform the pattern and style of uniforms to be adopted for staff. IRCTC may specify design, pattern and colour scheme for uniform of the staff at the unit. The licensee will abide by such instructions. Staff must be courteous and polite to every passenger at all times. Staff must be trained in catering services and the service should be of a high order. 3.5 Deployment of Licensee may deploy waiter as per requirement, so as to staff ensure satisfactory services to the passengers. In addition he will have one Executive Supervisor and one Manager with specialization in Food & Beverages who will be responsible for overall services. 3.6 Issue of proper It is mandatory for the licensee to issue proper bills to the bills passengers on sale of all items, standard or a-la-carte etc, and collect the approved charges from the passengers after supply of items. Bills should be clearly indicate the base rate, tax rate and total amount.
3.7 Provision of Licensee will arrange his own equipment other than those
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equipment provided in the Jan Ahar –Lokmanya Tilak Terminus Railway Station (LTT) if any for satisfactory provisions of services. IRCTC may also provide equipment or other allied infrastructural support for up-gradation of the unit for improved level of meal production and services thereof. 3.8 Reg. provision of The gas burners/cooking ranges should be ISI approved gas and covered by a suitable maintenance contract by the burners/cylinders Licensee. The safe working of equipment and adherence etc. to the regulations should be certified by an authorized/oil agencies approved by IRCTC. 3.9 Total quantity of gas installed in workplace should not exceed the quantities fixed by Railway Administration. 3.10 The Licensee shall provide suitable no. (as per standards laid down by Railway Administration) 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. 3.11 Gas room - Up to 06 Commercial gas cylinders (19 kg capacity instructions each) are installed of which 02 cylinders will be used at one time and the other 04 will be kept stand by. - All cylinders must be rigidly secured by means of clamping straps at all times. - Floor ventilation holes must be kept clean and must not be allowed to be choked. - The manifold room is provided with double leaf, swing doors (with observation glasses) for removal and replacing of new cylinders. These doors should always be kept closed and locked. - Each group of cylinders consists of 06 nos. which must be connected by metallic wound flexible tubes to the manifold. - A flameproof electrical fitting is provided to have light inside the gas room. Put off light when not required. There must be no use candles or match stick light inside the gas room or bring a naked light/flame near or in the gas bank. - Manifold room should not be used for any other purpose. In no case any material other than gas cylinders be stored with manifold room. - Manifold room must be kept clean and free from inflammable material. - All the 06 cylinders must be rigidly secured with the clamps and connected to the manifold through the metallic wound flexible tubes. Neither the number of cylinders should be less than Prescribed nor any cylinders left unconnected to the manifold otherwise the unconnected metallically wound flexible tube will keep on dangling and get damaged leading to gas leakage. Note: Use of loose / less cylinders and their direct connection to the pipeline outgoing from the manifold room is a very serious punishable offence.
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3.12 Service room - Licensee’s men should not indulge in any activity which instructions may lead to unsafe working. They shall always follow safe working practices in respect of LPG storage and use. - Licensee will have his staff trained by gas companies regarding installation of cylinders and safety precautions to be observed in the use of L.P. Gas. - Names of trained staff should be readily available with the manager and only they should be utilized for connection or disconnection of cylinders. - Connection or disconnection of cylinders should be done only when the unit is non-operational. - It should always be ensured that the flat runner washer is changed while changing cylinders with new ones without fail (spare should be always available with the manager). - All safety instructions in respect of use of LPG as given by its support should be strictly observed. - The fuel consumption should be closely watched and it should be ensured that the gas fuel is used economically and no avoidable wastage of gas is allowed by concerned staff so that leaks are detected in good time. - Adjustment or repairs of cylinders pipelines valves appliances and other equipment must not be attempted except by authorized persons.
3.13 Fire-fighting All staff must be trained in firefighting and a competency training certificate issued by the fire fighting agencies should be available in the unit.
3.14 Provision of first The Licensee should provide and maintain First Aid box aid box for rendering first aid to catering staff, whenever required; and should provide training to the concerned supervisory staff of the unit from the medical authorities. Requisite certificates in this regard should be available with Manager.
3.15 Cleaning of The Licensee shall ensure that utensils, crockery etc. are utensils washed and cleaned with clean water and standard quality detergent/soaps. Recycling dirty water for cleaning shall not be allowed.
3.16 Damage to The Licensee shall be responsible for all damages caused unit/equipment to the said unit and the equipment provided therein arising out of facts of omission and commission of their staff.
3.17 Handing over of Upon the expiration of this agreement or its earlier Unit termination in accordance with the terms, conditions, obligations hereof the Licensee shall remove themselves from the said together with all their belongings and effects and shall deliver vacant possession of the unit to the IRCTC/railways with the IRCTC/Railways’ fixtures and effects therein in good condition.
4. OTHER CONDITIONS
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4.1 Prohibition of Licensee shall not be allowed to wash utensils/services washing in wares in service area, washing should be done in service prescribed area only. area/tracks 4.2 Food articles not Food articles should not be kept on floor. to be kept on floor 4.3 Use of Staff of the Licensee shall not carry any food item in their containers only pockets/card boxes/mineral water cartons etc. and only container/salvers should be used for this purposes. 4.4 Entry of only The Licensee shall not permit anyone except their bonafide Bonafide Staff of staff to enter in the unit and shall not carry any article of Licensee any description other than those required for the fulfillment of this license. The staff of the licensee will carry valid 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. 4.5 Enquiry into the “The licensee shall not in any capacity employ any person antecedents of of bad character or any person, whose antecedents have the employees not been investigated / 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 employee 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.” 4.6 Staff uniform The staff Deployed in the outlet should wear uniforms with IRCTC logo accordingly the designated positions as recommended and approved by IRCTC. 4.7 Installation of Licensee shall be required to install atleast 04 CCTV CCTV cameras cameras in the outlet with 1 TB hard disk for storage for remote as well as on site viewing.
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Annexure – ‘F’
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Annexure – ‘G’
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