Top Banner
Page 1 of 26 GOVERNMENT OF INDIA SOUTH CENTRAL RAILWAY Divisional Office, Commercial Branch, Vijayawada Tender Notice No: 01/2015 (Cloakroom), dt: 03.09.2015 Tender form sold to: Sri/Smt.__________________________
26

GOVERNMENT OF INDIA - scr.indianrailways.gov.in Tender... · Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years &

Oct 31, 2019

Download

Documents

dariahiddleston
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Page 1: GOVERNMENT OF INDIA - scr.indianrailways.gov.in Tender... · Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years &

Page 1 of 26

GOVERNMENT OF INDIA

SOUTH CENTRAL RAILWAY

Divisional Office, Commercial Branch, Vijayawada

Tender Notice No: 01/2015 (Cloakroom), dt: 03.09.2015

Tender form sold to: Sri/Smt.__________________________

Page 2: GOVERNMENT OF INDIA - scr.indianrailways.gov.in Tender... · Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years &

Page 2 of 26

Signature of the Tenderer

I N D E X

SL.NO DESCRIPTION PAGE NUMBERS

1 Disclaimer 3

2 Tender Not ice 4

3 Chapter 1. Scope of Work 5-12

4 Chapter 2. Instruction to Bidders 13-14

5 Chapter 3. Eligibility Criteria 15

6 Chapter 4. Covering letter Comprising the Bid

16-17

7 Model Agreement 18-25

8 NEFT Particulars of tenderer 26

Mandatory Requirements:

a. The original cash receipt (s) obtained for the remittance of earnest money deposit, or Demand Draft from Nationalized or Scheduled Banks.

b. I/We enclose a demand draft for the cost of the Tender form as the same was downloaded from the Internet (if necessary).

c. In case of a partnership firm, the copy of the partnership deed, along with the copy of the certificate of registration issued by the competent authority.

d. The copy of the power of attorney of the managing partner to sign the tender document is enclosed with the tender.

e. Audited balance sheet and P & L accounts and IT returns for the preceeding three years is to be submitted.

f. The bidder is bound to sign in all the pages of the tender document without fail before submitting the same.

g. Successful tenderer should submit latest police clearance certificate for the staff employed by the tenderer from the local police station.

Page 3: GOVERNMENT OF INDIA - scr.indianrailways.gov.in Tender... · Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years &

Page 3 of 26

Signature of the Tenderer

DISCLAIMER

a. South Central Railway, Vijayawada Division (herein after mentioned as “Railway”) does not make any representation or warranty as to the accuracy, reliability or completeness of the information in this Tender Document. Therefore, each Bidder should conduct their own investigations and analysis and check the accuracy, reliability and completeness of the information in this Tender 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 Railway or any other costs incurred in connection with or relating to its Bid. All such costs and expenses will remain with the Bidder and Railway shall not be liable in any manner.

b. Railway 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 Tender Document, any matter deemed to form part of this Tender Document, the award of the License, the information and any other information supplied by or on behalf of Railway or otherwise arising in any way from the selection process of the License.

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

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

Page 4: GOVERNMENT OF INDIA - scr.indianrailways.gov.in Tender... · Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years &

Page 4 of 26

Signature of the Tenderer

// SOUTH CENTRAL RAILWAY

VIJAYAWADA DIVISION

, ,

Commercial, Vijayawada ------------------------------------------------------------------------------------------------------------------

Tender Notice No. 1/2015 (Cloakroom)

For and on behalf of the president of India, Sr. Divisional Commercial Manager, South Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years & Firms for operation and maintenance of Cloakroom on PF No.1 at Vijayawada Railway station, with an area of 88.98 Sq.Mts, for a period of three (03) years. The terms & conditions and eligibility criteria are available in the tender schedule.

The details of Reserve Price, EMD and Cost of Tender form are furnished here under:

S. NO

Name of the Railway station and Location

Reserve Price for 03 years (In Rs.)

EMD amount

Cost of Tender form (Non refundable)

1 Vijayawada (PF No.1 ) (88.98 Sq.Mts)

93,70,799/- 4,68,540/- 5,000/-

The Cloakroom charges are to be collected as under:

Sl.No Time Cloak room per package Locker charges

1. First 24 hours or part thereof Rs15/- Rs.20/-

2. For next 24 hours or part thereof Rs.20/- Rs.30/-

3. For each subsequent 24 hours or part thereof Rs.25/- Rs.40/-

The tender documents should be down loaded from South Central Railway portal www.sc.indianrailways.gov.in. The cost of tender form and EMD should be paid in cash at Sr. Divisional Cashier (pay), South Central Railway, Vijayawada or in the form of Demand Draft, to be drawn in favour of Senior Divisional Finance Manager, South Central Railway, Vijayawada Division, Vijayawada, Payable at Vijayawada and the same (Non CTS demand drafts will not be accepted) should be enclosed along with the tender documents. Without enclosure of cash receipt or demand draft towards tender form cost and EMD amount along with tender documents, the tenders will be rejected and treated as invalid.

IMPORTANT DATES:

Commencement of issuing/downloaded Tender Forms 10.09.2015

Time and date fixed for dropping sealed tender forms in the Tender Box

From 10.00 hrs of 13.10.2015

Time and date of closing of Tender box At 15.00 hrs of 13.10.2015

Time and date of opening of tenders. 15.30 hrs of 13.10.2015

Placement of tender box for dropping Sealed tender forms.

Senior Divisional Commercial Manager's office, South Central Railway, Vijayawada.

-Sd/- Sr. Divisional Commercial Manager,

VIJAYAWADA.

Page 5: GOVERNMENT OF INDIA - scr.indianrailways.gov.in Tender... · Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years &

Page 5 of 26

Signature of the Tenderer

Chapter 1

Scope of Work

1. Main objectives:

Appointment of a licensee for operation and management of a Cloakroom on PF No.1 at

Vijayawada Railway station, with area 88.98 Sq.Mts as per laid down guidelines and

policy directives issued by Railway and compliance of all other statutory regulations.

2. The bidder once selected shall become “licensee” and shall be liable to pay license fee,

security deposit etc. as per terms and conditions determined by the Railway.

Explanation of scope of Work:

1. The licensee shall operate and Manage the cloakroom services on PF No.1 at

Vijayawada Railway station round the clock, in the location permitted by the Railway

administration. The licensee shall restrict himself to the area provided and should not

encroach or erect any structure without the prior approval of Sr.DCM.

2. Equipment and Man Power: The licensee shall be responsible to make adequate

arrangements in terms of equipment’s and manpower, at his own cost. The equipment’s

such as locker, cabinet, racks, shelves etc. shall be modern and branded products

conforming to the latest state of art technology.

3. Operation and Maintenance:

i. The Cloakroom should be kept open round the clock by the contractor for storing

passenger’s luggage/packages/Umbrella/Helmet etc., and delivering the same.

ii. The licensee should maintain proper register showing the day-wise details of

baggage/luggage dealt (both in/out) at the cloak room along with serial nos.

iii. The contractor shall operate and maintain the cloakroom to the entire

satisfaction of the Railways.

iv. The walls and ceilings of the interior as well as exterior of the cloakroom should

be cleaned.

v. Regular inspections will be conducted by the Railway officials to ensure that high

quality of service is provided to the passengers.

vi. The successful tenderer should keep all the relevant records such as allotment

letter, all payment details paid to the Railways, in the cloakroom in proper file.

These documents should be made available for any inspecting official at any time

vii. The contractor has to install computerized receipt system for deposit/handing

over of items to the customer.

viii. The calculation of cloakroom charges should be automatic upto the accuracy of

one minute and same should be reflected in receipt with auto-clock provision of

the computer. The passenger luggage should be stacked in proper order in the

cloakroom with clear demarcation of location in the receipt as well as in the

system for quick and speed delivery of the luggage.

ix. The licensee should insist for travel authority, while depositing their luggage in

the cloak room.

Page 6: GOVERNMENT OF INDIA - scr.indianrailways.gov.in Tender... · Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years &

Page 6 of 26

Signature of the Tenderer

4. Issue of Receipt: The licensee shall provide computerized billing system and each

transaction must be recorded. The licensee shall issue a receipt to the passengers

whose luggage has been stored in the cloakroom on payment of prescribed charges.

The luggage shall be delivered duly collecting the receipt from the luggage depositing

holder . The receipt should be serially numbered, indicate the station name, name and

full address of the licensee and the tariff with full PNR/passenger details in the register.

5. Appointment of Staff: The licensee shall employ person whose antecedents have

been investigated/certified by the police authorities. The expenses for such verification

are to be borne by the licensee. The staff appointed shall have Health card issued by

Railway doctor. Licensee shall ensure that the staff engaged are well groomed, wear

proper uniforms (as approved by Railway administration) badges, carry photo identity

cards and display them at all times. Further the staff should be literate, courteous and

attend to the needs of the passengers promptly.

6. Tariff:

a) The cloak room charges are to be charged as under:

Sl.No Time Cloakroom

per package Locker charges

1. First 24 hours or part thereof Rs15/- Rs.20/-

2. For next 24 hours or part thereof

Rs.20/- Rs.30/-

3. For each subsequent 24 hours or part thereof

Rs.25/- Rs.40/-

b) The Railway administration reserves the right to enhance the tariff if necessary and the licensee shall abide by the same.

c) In the event of any change in the cloakroom charges during the currency of the

contract, the licensee is bound to pay the proportionate revised annual license

fees to the Railway administration.

d) The duration of 24 hours will be reckoned from the time of depositing the

articles in the cloakroom. These rates shall be exhibited at conspicuous place of

the said premises by the licensee.

e) The tariff should be displayed bilingually. The license fee quoted by the licensee

is liable to be varied on a pro-rata basis, in the event of the changes in tariff.

f) Under no circumstances, should the licensee demand or collect extra amount

other than the prescribed rates.

7. Loss of Receipt: In the event of the loss of receipt, the cloak room licensee should

insist for an application on a stamped Rs.20/- Indemnity note. In such cases, the

signature of the person to whom luggage/articles are delivered should be taken in the

delivery register. The passenger should also surrender the journey ticket while taking

delivery of the articles. However, the responsibility of delivering the luggage to the

owner rests with the licensee.

8. Acceptance of articles: The licensee shall accept packages/baggages only in locked

condition and responsibility of the contents shall be the primary responsibility of the

passenger/person handed over the package/baggage. The licensees should possess

hand held metal detector and check each and every luggage/baggage to ensure that no

dangerous and offensive goods are stored in the cloak room. The list of some of the

Page 7: GOVERNMENT OF INDIA - scr.indianrailways.gov.in Tender... · Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years &

Page 7 of 26

Signature of the Tenderer

dangerous and offensive goods is listed in the table below. The licensee shall also reject

banned and contraband goods as notified by the respective State Government from

time-to-time In case if any such things are noticed, it should be immediately brought to

the notice of the Railway administration.

Sl. No Dangerous goods Offensive goods

1. Explosives Blood dried

2. Gases-compressed, liquefied or

dissolved under pressure

Corpses

3. Petroleum and other inflammable

liquids

Carcasses of dead animals

4. Inflammable solids Bones excluding bleached and cleaned

bones

5. Oxidising substances Rags, other than oily rags

6. Poisonous (Toxic) substance Any decayed animal or vegetable matter

7. Radio Active materials Human ashes

8. Acids and other corrosives Human Skelton, parts of human body

9. Responsibility of Licensee: The licensee will be solely responsible for the safe

custody of the passenger’s baggage’s/luggage’s kept in the cloak room. Licensee shall

make good the losses due to theft, fire, damage etc. to the owners of the

baggage’s/luggage’s.

10. Insurance Coverage: Licensee shall have insurance coverage for the baggages /

luggages etc. stored in the cloakroom and also get the insurance policy and renewed

from time to time during the contract period.

11. Fire Extinguisher: The licensee shall ensure availability of hand held fire extinguishers

(subject to a minimum of two) and the staff engaged should have knowledge of

operation of the equipment and the validity of the extinguishers shall be obtained from

time-to-time.

12. Staff Permitted: Two staff will be permitted in each shift of Eight hours. One for

handling luggage/baggage’s and another to issue the receipts.

13. Un-claimed articles: Article’s remaining in the cloakroom beyond 30 days of receipt,

should be treated as unclaimed property and a notice should be served to the

passenger by the licensee. Such notice should be served three times on every fortnight.

And if no reply is received from the depositor, the items should be sent to nominated

LPO’s under clear signature of the GRP and Commercial inspector for disposal, in terms

of unclaimed goods.

14. Tenure of License: The tenure of this license shall be for a period of three years

from the date of the commencement of the license.

15. Commencement of the License: After selecting the successful bidder, the Railway

shall issue a letter of award (LOA) to the selected bidder. On receipt of the LOA the

selected bidder should submit the duplicate copy of the LOA duly acknowledged to

Railway having accepted the award within seven days duly accepting the award. After

submitting acknowledgment to Railway, the selected bidder shall arrange to deposit the

Page 8: GOVERNMENT OF INDIA - scr.indianrailways.gov.in Tender... · Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years &

Page 8 of 26

Signature of the Tenderer

Security Deposit/ Performance Bank Guarantee and license fee etc within 14 (Fourteen)

days to the Railway administration and commence the operation of the license. Failure

of the bidder either to acknowledge the receipt of the LOA or depositing Security

Deposit or commence the operation of the license within above time limit shall be

regarded as a breach of the terms and conditions contained in this bid document and

render him liable to forfeiture of his Earnest money deposit and also will be blacklisted

preventing him from participating in any other contract on Indian Railway for next one

year.

16. License fee: In consideration of the award of the license to the licensee, the licensee

shall be liable to pay the license fee to Railways as per the following schedule:

a) License fees above Rs.50 lakhs - Quarterly

b) License fees above Rs.25 lakhs to less than Rs.50 lakhs - Half yearly

c) License fees less than Rs.25 lakhs - Yearly

i. In consideration of the award of the license to the licensee, the licensee shall be

liable to pay license fee in advance as per the schedule indicated above as First

instalment within 14 days from the date of issue of LOA together with Security

deposit.

ii. The licensee fee of subsequent instalments shall be paid in one month before the

completion of first year/half year/quarter. In exceptional cases, extension of time

for submission of license fee and the Security Deposit shall be granted with a penal

interest of 15% per annum for the period of extension up to 21 days i.e., 9 days

before the completion of the first year/half year/quarter, if the payment is delayed

beyond this period necessary action should be taken to terminate the contract duly

forfeiting the security deposit. In case, the first instalment of Licence fee and

Security Deposit is not submitted up to 30 days, the contract shall be terminated

duly forfeiting the EMD.

17. Security Deposit: The licensee shall furnish to Railway (in the manner and form

advised and acceptable to Railway) a security deposit @ 10% of annual license fees

for Rs.-------, as quoted by the successful bidder. The security deposit has to be paid

along with the 1st year license fees.

i. Security deposit can be paid in the form of bank draft/Performance Bank Guarantee

(PBG in the format given by Railway). It should be valid for 39 months from the

commencement of the contract. Railways agree to discharge the bank guarantee

within 90 days from the expiry of the contract period after deduction/settlement of

the outstanding dues against the licensee.

ii. No interest will be paid on the security deposit.

iii. The security deposit will be refunded by the Railways at the time of peaceful

vacation of the licensed asset and the licensed premises by the Contractor after

settling all dues or arrears payable under this agreement by the Contractor.

Forfeiture: In the event of failure of payment of license fee, ground rent or any of the

charges payable to the Railway administration, the Railway administration will be at

liberty to forfeit security deposit and discontinue the contract forthwith without

prejudice to any rights of the Railway Administration and to cancel the allotment and

also blacklist the agent/agency.

Page 9: GOVERNMENT OF INDIA - scr.indianrailways.gov.in Tender... · Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years &

Page 9 of 26

Signature of the Tenderer

18. The licensee shall comply with the provisions of all labour legislations including the

requirements of:

i. Payment of Wages Act. ii. Employee’s compensation Act. iii. Shops and establishment Act. iv. PF and ESI Acts. v. Child Labour (Prohibition and Regulation) Act 1986. vi. Contract labour (R&A) Act 1971. vii. Minimum wages Act 1948.

The Railway will not accept any responsibility for the loss/damage/injury (including death)

caused to the licensee or to the personnel engaged by him in the process of rendering

services under this license and no claim/compensation will be entertained by Railway in this

regard.

19. Electricity connection:

i. The electrical connection will be provided to the successful tenderer who shall

apply to the office of the Senior Divisional Electrical Engineer in the prescribed

Proforma for the subject contract and on payment of requisite fees.

ii. The successful tenderer shall have to arrange at his own cost all the

equipments, wiring and other electrical installations necessary as per the

required standard and specification of the Railway Administration.

iii. The licensee shall not use electrical heater, toaster and other appliances in the

premises for the preparation of tea, coffee, heating food etc.

20. Right of User only: The licensee will only provide the cloakroom services and will have the right of user only on lease and license basis. The staff engaged by the licensee in discharge of the obligations under this license, including rendering services of public, are not entitled for any employment by or within the Railway. While issuing photo identity cards by the licensee this should be specifically mentioned therein that the person in whose favour such card is issued is engaged by the licensee and he is not a Railway employee.

21. Right to make substitute arrangement in the event of unsatisfactory services etc. by the licensee: In the event of unsatisfactory/poor service, persistent complaints from passengers, any failure or default at any time on the part of the licensee to carry out the terms and conditions of the agreement to the satisfaction of the Railway (who will be sole judge and whose decision shall be final) then without prejudice to any other remedy that may be available to the Railway under this contract or otherwise, the Railway reserves the Right to make any substitute arrangement in any manner, it may deem fit, at the cost and risk of the licensee.

22. Termination of the contract:

a) Railway administration may terminate the agreement/contract without assigning any reason to the Licensee for non-compliance of any of the agreement conditions and the security deposit will be forfeited.

b) The licensee may terminate the license by giving Three months notice and with valid reasons which should be approved by Railways. The effective date of termination shall be decided by the Railway administration. If licensee terminates, the contract short of 3 months notice, the SD will be forfeited.

c) In the case of any breach/violation of the contract provisions/agreemental provisions, the security deposit will be forfeited.

Page 10: GOVERNMENT OF INDIA - scr.indianrailways.gov.in Tender... · Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years &

Page 10 of 26

Signature of the Tenderer

23. Prohibition of sub-letting: The licensee shall not sub-let, transfer or assign this

agreement or any part thereof to any person.

24. Suggestion/Complaint Book: The licensee shall keep a suggestion/complaint book

at a conspicuous place where the passengers can register their suggestions/complaints

without any difficulty. This book shall be serially numbered and pre-authenticated by

the Railway.

25. Maintenance of proper records: The licensee shall maintain proper and full records

namely viz. vouchers, bills, tax paid etc. pertaining to the contract and make it available

for inspection by the Railway officials. Railway shall have the right to inspect audit

records of the licensee. The licensee shall submit to the Railway administration a

computerized statement of accounts of income and expenditure at the end of every

year of the contract period, however administration can ask the periodical statement as

deemed fit during the currency of the contract.

26. Compliance of Instructions: The licensee shall comply with all the instructions

issued by the Railway from time to time as may be necessary to ensure better services.

The licensee shall furnish all information, record etc. within 15 days or as may be

required by the Railway from time to time, failing which the Railway reserve the right to

impose suitable penalties on the licensee including the termination of the agreement.

27. Identity cards/Labour platform permits:

i. Divisional office will issue laminated Photo Identity Cards to the licensee which shall

be duly signed by the ACM and shall be valid for 1 (One) calendar year only. On

expiry the same will be reissued annually.

ii. The licensee in turn will issue Laminated Photo Identity cards to each of his staff

duly signed by the licensee himself. The staff’s photo identity card will contain the

staff’s full details inter-alia name of staff, gender, age, residential address, validity.

The validity of such laminated photo identity cards will be per calendar year. New

laminated photo identity cards will be issued by the licensee for 1 calendar year and

will be renewed every year.

iii. The laminated photo identity cards, issued by the licensee in favour of his/ her staff,

will be counter-signed by Station Manager/Station Superintendent/Station Master.

28. Tax and other charges:

i. The contractor shall from time to time pay all taxes, charges, statutory dues,

and assessments of every description which are not or may at any time

hereafter during the continuance of the agreement be assessed, charged or

imposed upon the licensed assets, and/or construction maintenance and

operation of the licensed premises.

ii. The stamp duty, registration charges and other costs and expenses if any shall

be borne by the Contractor.

iii. The licensee required to pay any other charges like cess etc., on demand by the

administration, as well as any other taxes like Service tax due to any other

authority which are incidental to this licence for the period of his license.

Page 11: GOVERNMENT OF INDIA - scr.indianrailways.gov.in Tender... · Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years &

Page 11 of 26

Signature of the Tenderer

29. Dispute Resolution:

1. In the event of any dispute, controversy or claim of any kind or nature arising under or in connection with this agreement between the parties (“Disputes”), the parties shall attempt to amicably resolve such disputes through the highest level of negotiations and discussions.

2. In the event no amicable resolution and settlement is reached within a period of 90 days from the date of which the dispute/difference arose a demand shall be made for arbitration. The dispute/difference of either party shall be referred to the Sole Arbitrator appointed by the General Manager, South Central Railway, who shall be Railway Gazetted Officer within 90 days from the date of receipt or request/demand as per the provisions of the arbitrations and Conciliation Act 1996.

3. The Gazetted Railway officer to be appointed as arbitrator however will not be one of those who had an opportunity to deal with the matters to which the contract relates or who in the course of their duties as Railway servant have expressed views on all or any of the matters under dispute or difference.

4. The award passed shall be final and binding. 5. It is further clarified that during the resolution of the disputes, the licensee shall be

obligated for the continued performance of its obligations under the agreement until the resolution of the disputes.

6. Parties agree that the arbitrator (s) shall determine and make an award as to costs

of the arbitration proceedings.

30. Force Majeure: In the event of any unforeseen event directly interfering with the

operation of the license arising during the currency of the license, such as war,

insurrection, restraint imposed by the Government, Act of Legislature or other authority,

explosions, accident, strike, riot, lock out, arson, act of public enemy, acts of God,

sabotage etc. the licensee shall within a week from the commencement thereof, notify

the same in writing to the Railway with reasonable evidence thereof. In such event of

force majeure, the conditions of the license will not be enforced by either party. Further

if, mutually agreed by both the parties, the tenure of the license may be further

extended for the specific period during which license was not operational.

31. Execution of the Agreement: An agreement shall be executed / entered only with

the licensee on a non-judicial stamp paper of Rs.100/- pertaining to the State where the

contract agreement is executed and all cost and expenses for registration; stamp duty

etc. thereof shall be borne by the licensee within 14 days after issuing acceptance

letter.

32. Indemnity by Licensee: The licensee shall at all times indemnify and save the

Railway from and against all actions, suits, proceedings, losses, other causes, damages,

charges, claims and demands of every nature and description brought or recovered

against the Railways by reason of any Act or omission of the licensee, his employees

while rendering services under the license.

33. Jurisdiction of Courts: The agreement shall be subject to the exclusive jurisdiction of

the local/Civil Court at respective States where the agreement is executed.

34. Penal charges:

a. If the successful tenderer fails to pay the License fee and other charges due to

the Railway Administration within the stipulated time, Railway administration

reserves the right to impose fine. He/she is liable to pay the prescribed fine

imposed by administration.

Page 12: GOVERNMENT OF INDIA - scr.indianrailways.gov.in Tender... · Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years &

Page 12 of 26

Signature of the Tenderer

b. The licensee/licensees shall be liable to pay such penalty as the Railway

Administration may inflict for complaints against the licensee/licensees Managers

etc., which, in the opinion of the Railway Administration are bonafide and

substantiated. Without prejudice to the other remedies, which may be available

under the agreement, the licensee/licensees shall be liable to pay at the sole

discretion of the Railway Administration a penalty to be decided depending on the

discrepancy noticed and as described in the agreement for any action in

contravention of any of the clause of this agreement.

c. The scale of penalties to be imposed shall be on account of excess charging,

complaints, deviation to the agreement clause etc. The penalties to be imposed by

the inspecting officials shall be as under:

i. Asst.Scale/Sr.Scale (Divisional officers) upto – Rs.2,000/- per occasion.

ii. JAG/Selection Grade (Divisional/Hqrs) upto – Rs.6,000/- per occasion

iii. SAG and above (Divisional/Hqrs) upto - Rs.10,000/- per occasion

In case of repeated occurrences upto 6 (Six) occasions, the competent authority may

serve notice for termination of License agreement duly following prescribed procedures.

-<<>>-

Page 13: GOVERNMENT OF INDIA - scr.indianrailways.gov.in Tender... · Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years &

Page 13 of 26

Signature of the Tenderer

Chapter 2

Instruction to Bidders

1. Cost of tender document: The bidder shall pay to Railway administration a non-

refundable amount of Rs. 5,000/- towards the cost of this document. In case the

tender document has been downloaded from the website, the bidder shall submit a

separate demand draft towards the cost of the bid document at the time of bidding

in a separate envelope marked the cost of the bid document failing which the offer

will be summarily rejected.

2. Earnest money: The tender must be accompanied by earnest money of

Rs. 4,68,540/-, equivalent to 5% of the tender value, in the form of cash,

DD drawn on ay scheduled bank in India or in the form of banker’s cheques Drawn

in favour of Senior Divisional Finance Manager , S.C Railway , Vijayawada .

3. Validity Period: The validity period of the demand draft, shall not be less than 90

days from the bid due date, and may be extended as mutually agreed between the

Railway and the bidder from time to time. The bid shall be summarily rejected if it is

not accompanied by the earnest money.

4. Refund of EMD: The earnest money deposit of unsuccessful bidders shall be

returned without any interest, as promptly as possible on acceptance of the bid of

the successful bidder or when the selection process is cancelled. In the case of the

selected bidder whose earnest money shall be adjusted towards security deposit.

a. Railway reserves the right not to proceed with the bidding process at any time

without notice or liability and to reject any or all bid(s), without assigning any

reasons.

b. Railway reserves the right to forfeit the earnest money if:

i. At any time, a materially false representation is made by the bidder or

ii. The bidder does not provide, within the time specified by the Railway, the

supplemental information sought by the Railway for processing the tender

documents or

iii. Any ambiguity, non-clarity and/or apparent mistake of the bidder, as

determined by the Railway or

iv. Such misrepresentation/improper response shall lead to the disqualification

of the bidder. If such disqualification/rejection occurs after the bids have

been opened then it will be retendered.

c. No interest shall be payable by the Railway administration on the earnest money

deposit (EMD) or security deposit (SD) or any other sum pending payment with

the Railways.

d. The bidders shall be responsible for all the cost associated with the preparation

of their bids and their participation in their bidding process. Railway will not be

responsible or in any way liable for such costs, regardless of the conduct or

outcome of the bidding process.

5. License fees:

a. The bidder should quote license fee (which includes ground rent) in rupees both in figures and words, per three years. In case of discrepancy the amount written in words shall be considered.

Page 14: GOVERNMENT OF INDIA - scr.indianrailways.gov.in Tender... · Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years &

Page 14 of 26

Signature of the Tenderer

b. The amount quoted should be exclusively license fees and no charges should be included in this.

c. Tenders containing erasures or alterations without proper attestations or with an omission of such attestation are liable to be rejected.

6. Railway reserves the right to accept or reject any bid, to cancel or modify the process or any part thereof or to vary any of the terms and conditions, and/or to annual the bidding process and reject all the bids, at any time during the bidding process, without there by incurring any liability to the affected bidder(s), or any obligation to inform the affected bidders (s), of the grounds for Railways action.

7. Bids with alterations, over writing etc. shall be rejected.

8. Bids submitted by the fax, telex, email shall not be entertained and shall be

rejected.

9. Proposal Validity: The bid including the earnest money shall remain valid for

acceptance by Railway for a period of 90 days from the last date of the submission

of bids. In case of any need, Railway may request the bidders to extend the period

of validity of their bids with the same terms and conditions.

10. Successful tenderer has to pay annual license fee (which includes ground rent),

one month in advance.

-<<>>-

Page 15: GOVERNMENT OF INDIA - scr.indianrailways.gov.in Tender... · Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years &

Page 15 of 26

Signature of the Tenderer

Chapter 3

Eligibility Criteria

All bids shall be screened for the eligibility norms as detailed below. Bids received from

the bidders not meeting with these norms shall be summarily rejected.

1. Legal Status of the Bidder: The bidder should be either an individual or a company incorporated under the companies act, 1956 or a partnership firm registered under the partnership act, 1932.

2. Experience of the Bidder: Previous experience and Credentials if any with regard to unblemished performance in Cloakroom contracts at Railway stations, bus stands and any other public utility place handled during the last three years period from the contract-awarding agency.

3. Minimum annual turnover: The firm/individual should submit annual turnover details

for the preceding three years from the date of tender notification duly supported by

documentary evidence. The annual turnover should not be less than the value of Tender

so fixed by the Railway administration during each of the preceding three years. The

annual turnover should be certified by Chartered accountant.

4. Other mandatory requirements:

h. The original cash receipt (s) obtained for the remittance of earnest money deposit, or Demand Draft from Nationalized or Scheduled Banks.

i. I/We enclose a demand draft for the cost of the Tender form as the same was downloaded from the Internet (if necessary).

j. In case of a partnership firm, the copy of the partnership deed, along with the copy of the certificate of registration issued by the competent authority.

k. The copy of the power of attorney of the managing partner to sign the tender document is enclosed with the tender.

l. Audited balance sheet and P & L accounts and IT returns for the preceeding three years is to be submitted.

m. The bidder is bound to sign in all the pages of the tender document without fail before submitting the same.

n. Successful tenderer should submit latest police clearance certificate for the staff employed by the tenderer from the local police station.

-<<>>-

Page 16: GOVERNMENT OF INDIA - scr.indianrailways.gov.in Tender... · Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years &

Page 16 of 26

Signature of the Tenderer

Chapter 4

Covering letter Comprising the Bid. Date:

From:

Full Name: ------------------------------------------

(In Block Letters)

S/o ---------------------------------------------------

Permanent Residential Address

------------------------------------------

------------------------------------------

------------------------------------------

To

The President of India,

Acting through Senior Divisional Commercial Manager,

South Central Railway, Vijayawada Division,

VIJAYAWADA.

Dear Sir,

Sub: Operation and management of Cloakroom services on PF No.1 at

Vijayawada Railway station (88.98 Sq.Mts Area) for a period of three

(03) years.

-<<>>-

With reference to your tender document number No.1/2015(Cloakroom), dated:

03.09.2015 I/we having examined the bidding documents and understood its contents,

hereby submit my/our bid along with the bid for the award of license. The letter and the

bid are unconditional and unqualified.

I/we have thoroughly gone through the bid document and submitting the same duly

signed on all pages.

The earnest money in the form of a demand draft, cash receipt from divisional cashier

(Pay) South Central Railway, Vijayawada Division, is attached.

The license fee offered per three years is mentioned in the table below:

(In Indian Rupees Only).

Amount in Figures

( Rupees)

Amount in words

( Rupees)

Three years License fee

(which includes ground rent)

payable to Railway (exclusive of

all taxes).

In case of any discrepancy in rate quoted in words and figures, the rate in words will only be considered. (Any corrections/over writings or insertions will not be accepted)

Affix latest colour

pass port size

photograph of the

tenderer

Page 17: GOVERNMENT OF INDIA - scr.indianrailways.gov.in Tender... · Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years &

Page 17 of 26

Signature of the Tenderer

NOTE: The bidder should quote Three years license fee (which includes ground rent) in rupees both in figures and in words.

I/We don’t have any court case against Railway administration. Until a formal agreement is prepared and executed, the acceptance of this tender shall

constitute a binding document between myself / ourself and Railway Administration subject to modification, as may be mutually agreed to between us and indicated in the letter of acceptance of my/our offer for this contract.

I/we acknowledge that Railway will be relying on the information provided in the bid and the documents accompanying this bid for qualification of the bidder for the award of the license, I/we certify that all information provided in the bid and its annexure is true and correct. Any misrepresentation/falsification of facts if detected at a later stage will lead to disqualification of our bid.

I/we understand that the submission of the bid/offer does not guarantee the award of the said license.

I/we shall make available to Railway any additional information if may find necessary or required to supplement or authenticate the bid.

I/we recognize that the Railway has the right to accept/reject our bid without assigning any reason.

I/we declare that; a) I/we have examined and have no reservations to the bidding documents,

including any addendum issued by the Railway. b) I/we have not directly or indirectly or through an agent engaged or indulged in

any corrupt practice, fraudulent practice, coercive practice, undesirable practice, or restrictive practice, in respect of any bid or request for proposal issued by or any agreement entered into with Railway.

c) I/we hereby certify that we have taken steps to ensure that, no person acting for us or on our behalf have engaged or will engage in any corrupt practice, fraudulent practice, coercive practice, undesirable practice, or restrictive practice.

I/we understand that on account of non-acceptance of LOA or on account of not fulfilling the conditions of the tender document within the prescribed time I/we shall be debarred by Railway from further participation in the similar contracts of Railway for a period of 1 ( one ) year.

In the event of my/our being declared as the selected bidder, I/we agree to enter into a license agreement in the manner and format as indicated by the Railway and will not seek any changes but agree to and abide by the same.

I/we agree to keep my/our bid valid for 90 days from the bid due date specified in the bid document. The Railway Administration reserves the right to extend the validity of tenders at its discretion, if necessary duly taking tenderers consent. Further the Railway Administration reserves to itself the right to accept/ negotiation with the tenderer (s).

I/we agree and undertake to abide by all the terms and conditions of the bid document.

In witness thereof, I/we submit this bid along with our price bid under and in accordance with the terms of the bid document.

Yours Faithfully,

(Signature, name and designation of the authorized signatory). Date:

Place:

Name and seal of the bidder.

Page 18: GOVERNMENT OF INDIA - scr.indianrailways.gov.in Tender... · Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years &

Page 18 of 26

Signature of the Tenderer

LICENSE AGREEMENT FOR OPERATION AND MAINTENANCE OF CLOAK ROOM ON PF

NO. 1 AT VIJAYAWADA RAILWAY STATION

This License Agreement (the “Agreement”), is executed at ________ on this ______ day of

________ 20___.

BETWEEN

The President of India, acting through the Senior Divisional Commercial Manager,

_________ division, South Central Railway, Government of India, (hereinafter referred to as

“Railway Administration” which expression shall be deemed to include its successors and

assignees in office) as party of the First Part;

AND

____________ (hereinafter referred to as “Licensee” which expression shall be deemed to

include his heirs, legal representatives and assignees of the other Part;

Whereas the licensee has entered into contract with the Administration for storage of passenger’s

luggage/packages in cloak room at ____________ railway station for the purpose of safe custody

and deliver back to the passengers and whereas the administration has agreed for the same on

following terms and conditions.

NOW THIS AGREEMENT WITNESSETH

The Administration agrees to grant permission to M/s/Shri.____________________ to use the

area identified for Operation and maintenance of Cloak room at _______________ Railway

station described in the schedule and referred to herein after as “the said premises” for storage

and safe custody of passenger’s luggage.

Scope of Work

Main objectives:

i. Appointment of a licensee for operation and management of a cloak room on

platform no.1 at Vijayawada Railway station, as per laid down guidelines and

policy directives issued by Railway and compliance of all other statutory regulations.

ii. The bidder once selected shall become “licensee” and shall be liable to pay license

fees, ground rent, security deposit etc. as per terms and conditions determined by

the Railway.

Explanation of scope of Work: 1. The licensee shall operate and manage the cloak room services on PF.no.1 at

Vijayawada Railway station round the clock, in the location permitted by the Railway

administration. The licensee shall restrict himself to the area provided and should not

encroach or erect any structure without the prior approval of Sr.DCM.

2. Equipment and Man Power: The licensee shall be responsible to make adequate

arrangements in terms of equipment’s and manpower, at his own cost. The

equipment’s such as locker, cabinet, racks, shelves etc. shall be modern and branded

products conforming to the latest state of art technology.

3. Operation and Maintenance:

i. The Cloak room should be kept open round the clock by the contractor for storing

passenger’s luggage/packages/Umbrella/Helmet etc., and delivering the same.

Page 19: GOVERNMENT OF INDIA - scr.indianrailways.gov.in Tender... · Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years &

Page 19 of 26

Signature of the Tenderer

ii. The licensee should maintain proper register showing the day-wise details of

baggage/luggage dealt (both in/out) at the cloak room along with serial nos.

iii. The contractor shall operate and maintain the cloakroom to the entire satisfaction of

the Railways.

iv. The walls and ceilings of the interior as well as exterior of the cloak room should be

cleaned.

v. Regular inspections will be conducted by the Railways to ensure that high quality of

service is provided to the passengers.

vi. The successful tenderer should keep all the relevant records such as allotment

letter, all payment details paid to the Railways, in the cloak room in proper file.

These documents should be made available for any inspecting official at any time

vii. The contractor has to install computerized receipt system for deposit/handing over

of items to the customer.

viii. The calculation of cloak room charges should be automatic upto the accuracy of one

minute and same should be reflected in receipt with auto-clock provision of the

computer. The passenger luggage should be stacked in proper order in the cloak

room with clear demarcation of location in the receipt as well as in the system for

quick and speed delivery of the luggage.

ix. The licensee should insist for travel authority, while depositing their luggage in the

cloak room.

4. Issue of Receipt: The licensee shall provide computerized billing system and each

transaction must be recorded. The licensee shall issue a receipt to the passengers whose

luggage has been stored in the cloak room on payment of prescribed charges. The luggage

shall be delivered duly collecting the receipt. The receipt should be serially numbered,

indicate the station name, name and full address of the licensee and the tariff with full

PNR/passenger details.

5. Appointment of Staff: The licensee shall employ person whose antecedents have been

investigated/certified by the police authorities. The expenses for such verification are to be

borne by the licensee. The staff appointed shall have Health card issued by Railway doctor.

Licensee shall ensure that the staff engaged are well groomed, wear proper uniforms (as

approved by Railway administration) badges, carry photo identity cards and display them at

all times. Further the staff should be literate, courteous and attend to the needs of the

passengers promptly.

6. Tariff:

a. The cloak room charges are to be charged as under:

Sl.No Time Cloak room per package

Locker charges

1. First 24 hours or part thereof Rs15/- Rs.20/-

2. For next 24 hours or part thereof Rs.20/- Rs.30/-

3. For each subsequent 24 hours or part thereof

Rs.25/- Rs.40/-

b. The Railway administration reserves the right to enhance the tariff if necessary

and the licensee shall abide by the same.

Page 20: GOVERNMENT OF INDIA - scr.indianrailways.gov.in Tender... · Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years &

Page 20 of 26

Signature of the Tenderer

c. In the event of any change in the cloak room charges during the currency of the

contract, the licensee is bound to pay the proportionate revised annual license

fees to the Railway administration.

d. The duration of 24 hours will be reckoned from the time of depositing the

articles in the cloak room. These rates shall be exhibited at conspicuous place of

the said premises by the licensee.

e. The tariff should be displayed bilingually. The license fee quoted by the licensee

is liable to be varied on a pro-rata basis, in the event of the changes in tariff.

f. Under no circumstances, should the licensee demand or collect an extra amount

other than the prescribed rates.

7. Loss of Receipt: In the event of the loss of receipt, the cloak room licensee should

insist for an application on a stamped Rs.20/- Indemnity note. In such cases, the

signature of the person to whom luggage/articles are delivered should be taken in the

delivery register. The passenger should also surrender the journey ticket while taking

delivery of the articles. However, the responsibility of delivering the luggage to the

owner rests with the licensee.

8. Acceptance of articles: The licensee shall accept packages/baggages only in locked

condition and responsibility of the contents shall be the primary responsibility of the

passenger/person handed over the package/baggage. The licensees should possess

hand held metal detector and check each and every luggage/baggage to ensure that

no dangerous and offensive goods are stored in the cloak room. The list of some of the

dangerous and offensive goods is listed in the table below. The licensee shall also

reject banned and contraband goods as notified by the respective State Government

from time-to-time In case if any such things are noticed, it should be immediately

brought to the notice of the Rly administration.

Sl.No Dangerous goods Offensive goods

1. Explosives Blood dried

2. Gases-compressed, liquefied or

dissolved under pressure

Corpses

3. Petroleum and other inflammable

liquids

Carcasses of dead animals

4. Inflammable solids Bones excluding bleached and cleaned

bones

5. Oxidising substances Rags, other than oily rags

6. Poisonous (Toxic) substance Any decayed animal or vegetable

matter

7. Radio Active materials Human ashes

8. Acids and other corrosives Human skeleton, parts of human body

9. Responsibility of Licensee: The licensee will be solely responsible for the safe

custody of the passenger’s baggage’s/luggage’s kept in the cloak room. Licensee shall

make good the losses due to theft, fire, damage etc. to the owners of the baggage’s/

luggage’s.

10. Insurance Coverage: Licensee shall have insurance coverage for the

baggages/luggages etc. stored in the cloak room and also get the insurance policy

renewed from time to time during the contract period.

Page 21: GOVERNMENT OF INDIA - scr.indianrailways.gov.in Tender... · Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years &

Page 21 of 26

Signature of the Tenderer

11. Fire Extinguisher: The licensee shall ensure availability of hand held fire

extinguishers (subject to a minimum of two) and the staff engaged should have

knowledge of operation of the equipment and the validity of the extinguishers shall be

obtained from time-to-time.

12. Staff Permitted: Two staff will be permitted in each shift of Eight hours. One for

handling luggage/baggage’s and another to issue the receipts.

13. Un-claimed articles: Article’s remaining in the cloak room beyond 30 days of receipt,

should be treated as unclaimed property and a notice should be served to the

passenger by the licensee. Such notice should be served three times on every

fortnight. And if no reply is received from the depositor, the items should be sent to

nominated LPO’s under clear signature of the GRP and Commercial inspector for

disposal, in terms of unclaimed goods.

14. Tenure of License: The tenure of this license shall be for a period of three years

from the date of the commencement of the license.

15. Commencement of the License: After selecting the successful bidder, the Railway

shall issue a letter of award (LOA) to the selected bidder. On receipt of the LOA the

selected bidder should submit the duplicate copy of the LOA duly acknowledged to

Railway having accepted the award within seven days duly accepting the award. After

submitting acknowledgment to Railway, the selected bidder shall arrange to deposit

the Security Deposit/ Performance Bank Guarantee within Thirty days to Railway and

commence the operation of the license. Failure of the bidder either to acknowledge the

receipt of the LOA or depositing Security Deposit or commence the operation of the

license within above time limit shall be regarded as a breach of the terms and

conditions contained in this bid document and render him liable to forfeiture of his

Earnest money deposit and also will be blacklisted preventing him from participating in

any other contract on Indian Railway for next one year.

16. License fee: In consideration of the award of the license to the licensee, the licensee

shall be liable to pay the license fee to Railways as per the following schedule:

License fees above Rs.50 lakhs - Quarterly

License fees above Rs.25 lakhs to less than Rs.50 lakhs - Half yearly

License fees less than Rs.25 lakhs - Yearly

i. In consideration of the award of the license to the licensee, the licensee shall be

liable to pay license fee in advance as per the schedule indicated above as First

instalment within 14 days from the date of issue of LOA together with Security

deposit.

ii. The licensee fee of subsequent instalments shall be paid in one month before the

completion of first year/half year/quarter. In exceptional cases, extension of time

for submission of license fee and the Security Deposit shall be granted with a penal

interest of 15% per annum for the period of extension upto 21 days i.e., 9 days

before the completion of the first year/half year/quarter, if the payment is delayed

beyond this period necessary action should be taken to terminate the contract duly

forfeiting the security deposit. In case, the first instalment of Licence fee and

Security Deposit is not submitted up to 30 days, the contract shall be terminated

duly forfeiting the EMD.

Page 22: GOVERNMENT OF INDIA - scr.indianrailways.gov.in Tender... · Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years &

Page 22 of 26

Signature of the Tenderer

17. Security Deposit: The licensee shall furnish to Railway (in the manner and form

advised and acceptable to Railway) a security deposit @ 10% of annual license

fees for Rs. ---, as quoted by the successful bidder. The security deposit has to be

paid along with the 1st year license fees.

a. Security deposit can be paid in the form of bank draft/Performance Bank Guarantee

(PBG in the format given by Railway). It should be valid for 39 months from the

commencement of the contract. Railways agree to discharge the bank guarantee within

90 days from the expiry of the contract period after deduction/settlement of the

outstanding dues against the licensee.

b. No interest will be paid on the security deposit.

c. The security deposit will be refunded by the Railways at the time of peaceful vacation of

the licensed asset and the licensed premises by the Contractor after settling all dues or

arrears payable under this agreement by the Contractor.

Forfeiture: In the event of failure of payment of license fee, ground rent or any of the

charges payable to the Railway administration, the Railway administration will be at

liberty to forfeit security deposit and discontinue the contract forthwith without

prejudice to any rights of the railway administration and to cancel the allotment and

also blacklist the agent/agency.

18. The licensee shall comply with the provisions of all labour legislations including the

requirements of:

i. Payment of Wages Act. ii. Employee’s compensation Act. iii. Shops and establishment Act. iv. PF and ESI Acts. v. Child Labour (Prohibition and Regulation) Act 1986. vi. Contract labour (R&A) Act 1971. vii. Minimum wages Act 1948.

The Railway will not accept any responsibility for the loss/damage/injury (including

death) caused to the licensee or to the personnel engaged by him in the process of

rendering services under this license and no claim/compensation will be entertained by

railway in this regard.

19. Electricity connection a. The electrical connection will be provided to the successful tenderer who shall

apply to the office of the Senior Divisional Electrical Engineer in the prescribed

Proforma for the subject contract and on payment of requisite fees.

b. The successful tenderer shall have to arrange at his own cost all the

equipments, wiring and other electrical installations necessary as per the

required standard and specification of the Railway Administration.

c. The licensee shall not use electrical heater, toaster and other appliances in

the premises for the preparation of tea, coffee, heating food etc.

20. Right of User only: The licensee will only provide the cloak room services and will

have the right of user only on lease and license basis. The staff engaged by the

licensee in discharge of the obligations under this license, including rendering services

of public, are not entitled for any employment by or within the Railway. While issuing

photo identity cards by the licensee this should be specifically mentioned therein that

the person in whose favour such card is issued is engaged by the licensee and he is

not a Railway employee.

Page 23: GOVERNMENT OF INDIA - scr.indianrailways.gov.in Tender... · Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years &

Page 23 of 26

Signature of the Tenderer

21. Right to make substitute arrangement in the event of unsatisfactory services etc. by the licensee: In the event of unsatisfactory/poor service, persistent complaints from passengers, any failure or default at any time on the part of the licensee to carry out the terms and conditions of the agreement to the satisfaction of the Railway (who will be sole judge and whose decision shall be final) then without prejudice to any other remedy that may be available to the Railway under this contract or otherwise, the Railway reserves the Right to make any substitute arrangement in any manner, it may deem fit, at the cost and risk of the licensee.

22. Termination of the contract: i. Railway administration may terminate the agreement/contract without assigning

any reason to the Licensee for non-compliance of any of the agreement conditions and the security deposit will be forfeited.

ii. The licensee may terminate the license by giving Three months notice and with valid reasons which should be approved by Railways. The effective date of termination shall be decided by the Railway administration. If licensee terminates, the contract short of 3 months notice, the SD will be forfeited.

iii. In the case of any breach/violation of the contract provisions/agreemental provisions, the security deposit will be forfeited.

23. Prohibition of sub-letting: The licensee shall not sub-let, transfer or assign this agreement or any part thereof to any person.

24. Suggestion/Complaint Book: The licensee shall keep a suggestion/complaint book at a conspicuous place where the passengers can register their suggestions/complaints without any difficulty. This book shall be serially numbered and pre-authenticated by the Railway.

25. Maintenance of proper records: The licensee shall maintain proper and full records namely viz. vouchers, bills, tax paid etc. pertaining to the contract and make it available for inspection by the Railway officials. Railway shall have the right to inspect audit records of the licensee. The licensee shall submit to the Railway administration a computerized statement of accounts of income and expenditure at the end of every year of the contract period, however administration can ask the periodical statement as deemed fit during the currency of the contract.

26. Compliance of Instructions: The licensee shall comply with all the instructions issued by the Railway from time to time as may be necessary to ensure better services. The licensee shall furnish all information, record etc. within 15 days or as may be required by the Railway from time to time, failing which the Railway reserve the right to impose suitable penalties on the licensee including the termination of the agreement.

27. Identity cards/Labour platform permits: i. Divisional office will issue laminated Photo Identity Cards to the licensee which shall

be duly signed by the ACM and shall be valid for 1 (One) calendar year only. On expiry the same will be reissued annually.

ii. The licensee in turn will issue Laminated Photo Identity cards to each of his staff duly signed by the licensee himself. The staff’s photo identity card will contain the staff’s full details inter-alia name of staff, gender, age, residential address, validity. The validity of such laminated photo identity cards will be per calendar year. New laminated photo identity cards will be issued by the licensee for 1 calendar year and will be renewed every year.

iii. The laminated photo identity cards, issued by the licensee in favour of his staff, will

be counter-signed by Station Manager/Station Superintendent/Station Master.

Page 24: GOVERNMENT OF INDIA - scr.indianrailways.gov.in Tender... · Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years &

Page 24 of 26

Signature of the Tenderer

28. Tax and other charges:

i. The contractor shall from time to time pay all taxes, charges, statutory dues,

ground rent and assessments of every description which are not or may at any

time hereafter during the continuance of the agreement be assessed, charged or

imposed upon the licensed assets, and/or construction maintenance and

operation of the licensed premises.

ii. The stamp duty, registration charges and other costs and expenses if any shall

be borne by the Contractor.

iii. The licensee required to pay any other charges like cess etc., on demand by the

administration, as well as any other taxes like Service tax due to any other

authority which are incidental to this licence for the period of his license.

29. Dispute Resolution:

i. In the event of any dispute, controversy or claim of any kind or nature arising

under or in connection with this agreement between the parties (“Disputes”),

the parties shall attempt to amicably resolve such disputes through the highest

level of negotiations and discussions.

ii. In the event no amicable resolution and settlement is reached within a period of

90 days from the date of which the dispute/difference arose a demand shall be

made for arbitration. The dispute/difference of either party shall be referred to

the Sole Arbitrator appointed by the General Manager, South Central Railway,

who shall be Railway Gazetted Officer within 90 days from the date of receipt or

request/demand as per the provisions of the arbitrations and Conciliation Act

1996.

iii. The Gazetted Railway officer to be appointed as arbitrator however will not be

one of those who had an opportunity to deal with the matters to which the

contract relates or who in the course of their duties as Railway servant have

expressed views on all or any of the matters under dispute or difference.

iv. The award passed shall be final and binding.

v. It is further clarified that during the resolution of the disputes, the licensee shall

be obligated for the continued performance of its obligations under the

agreement until the resolution of the disputes.

vi. Parties agree that the arbitrator (s) shall determine and make an award as to

costs of the arbitration proceedings.

30. Force Majeure: In the event of any unforeseen event directly interfering with the

operation of the license arising during the currency of the license, such as war,

insurrection, restraint imposed by the Government, Act of Legislature or other

authority, explosions, accident, strike, riot, lock out, arson, act of public enemy, acts of

God, sabotage etc. the licensee shall within a week from the commencement thereof,

notify the same in writing to the Railway with reasonable evidence thereof. In such

event of force majeure, the conditions of the license will not be enforced by either

party. Further if, mutually agreed by both the parties, the tenure of the license may be

further extended for the specific period during which license was not operational.

Page 25: GOVERNMENT OF INDIA - scr.indianrailways.gov.in Tender... · Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years &

Page 25 of 26

Signature of the Tenderer

31. Execution of the Agreement: An agreement shall be executed / entered only with

the licensee on a non-judicial stamp paper of Rs.100/- pertaining to the State where

the contract agreement is executed and all cost and expenses for registration; stamp

duty etc. thereof shall be borne by the licensee within 14 days after issuing acceptance

letter.

32. Indemnity by Licensee: The licensee shall at all times indemnify and save the

Railway from and against all actions, suits, proceedings, losses, other causes,

damages, charges, claims and demands of every nature and description brought or

recovered against the Railways by reason of any Act or omission of the licensee, his

employees while rendering services under the license.

33. Jurisdiction of Courts: The agreement shall be subject to the exclusive jurisdiction

of the local/Civil Court at respective States where the agreement is executed.

34. Penal charges:

i. If the successful tenderer fails to pay the License fee and other charges due to the

Railway Administration within the stipulated time, Railway administration reserves

the right to impose fine .He/she is liable to pay the prescribed fine imposed by

administration.

ii. The licensee/licensees shall be liable to pay such penalty as the Railway

Administration may inflict for complaints against the licensee/licensees Managers

etc., which, in the opinion of the Railway Administration are bonafide and

substantiated. Without prejudice to the other remedies, which may be available

under the agreement, the licensee/licensees shall be liable to pay at the sole

discretion of the Railway Administration a penalty to be decided depending on the

discrepancy noticed and as described in the agreement for any action in

contravention of any of the clause of this agreement.

iii. The scale of penalties to be imposed shall be on account of excess charging,

complaints, deviation to the agreement clause etc. The penalties to be imposed by

the inspecting officials shall be as under:

Asst.Scale/Sr.Scale (Divisional officers) upto – Rs.2,000/- per occasion.

JAG/Selection Grade (Divisional/Hqrs) upto – Rs.6,000/- per occasion

SAG and above (Divisional/Hqrs) upto - Rs.10,000/- per occasion

In case of repeated occurrences upto 6 (Six) occasions, the competent authority may

serve notice for termination of License agreement duly following prescribed procedures.

-Sd/-

Signature of the Licensee Signature of the Sr.Divisional Commercial Manger,

South Central Railway, ________ division

-<<>>-

Page 26: GOVERNMENT OF INDIA - scr.indianrailways.gov.in Tender... · Central Railway, Vijayawada Division, Vijayawada invites sealed tenders from Indian Nationals above age of 18 years &

Page 26 of 26

NEFT/RTGS MANDATE FORM

1. Name of the City

2. Bank Code No.

3. Bank’s Name

4. Branch Address

5. Branch Telephone / Fax No.

6. Contractor’s Account No.

7. Type of Account

8. IFSC Code for NEFT

9. IFSC Code for RTGS

10. Contractor’s Name as per Account

11. Telephone No. of Contractor

12. Contractor’s E-mail ID, if any

13. PAN Card No.

Signature of Tenderer:

Name of the tenderer:

Address of the tenderer:

-----------------------------------

-----------------------------------

----------------------------------