railway catering and tourism corporation ltd - IRCTC.com

IRCTC/WZ/Duronto/12293/April-2014 Page 1

INDIAN RAILWAY CATERING AND TOURISM CORPORATION LTD

TENDER DOCUMENT IN TWO PACKET SYSTEM (PACKET A & B)(Cost Rs.563/ non refundable/transferable )

TENDER NO.: IRCTC/WZ/Duronto/12293/April-2014 dt. 25/3/2014.

Tender for supply of Dinner for a period of Two Years to 12293 LTT-ALD Duronto ExpressTrain, Ex- LTT/IGP Station.

Sr.No. Type of Service & Schedule Approximate Requirement

for a period of ONE YEARName of

Location & TimeApproximate

Total ContractValue

1. DinnerAC-120000 Nos LTT – 17.25 hrs

ORIGP – 19.35 hrs

81,84,000Staff-6000 Nos

Eligibility : Reputed Parties having experience of not less than Twoyears in Catering Services and having annual turnover of notless than Rs. 50 Lakhs may apply.

Last date and Time of Submission : 28/04/2014 at 15: 00 HRS

Date and Time of Opening of Tenders : 28/04/2014 at 15: 30 HRS

In case the date of submission of the Tendershappens to be a holiday or is declared as holidaydue to unforeseen events, the bids will be opened onthe next working day at the same time. Furtherchange of date of submission if any will only benotified through IRCTC portal.

Earnest Money Deposit (EMD) : Rs.204600/- towards EMD Through separateDemand Draft drawn in favour of “Indian RailwayCatering and Tourism Corporation Ltd”, Payable atMumbai of any Nationalised/Scheduled/Commercial Bank.

The tender document downloaded from the website canbe submitted, along with cost of tender at the time ofsubmission through a separate demand draft. However,in case of variations, tender document, signed andstamped by IRCTC official shall prevail. Non submissionof cost of the downloaded tender documents will besummarily rejected.

Address : Regional DirectorIndian Railway Catering and Tourism Corporation Ltd.2nd floor, New Admn. Bldg.,Chhatrapati Shivaji Terminus,Mumbai – 400 001.Tel.: (022) 22618062–64.Fax: (022) 22618066.









Total ContractValue


ORIGP – 19.35 hrs

81,84,000Staff-6000 Nos
















Total ContractValue


ORIGP – 19.35 hrs

81,84,000Staff-6000 Nos









List of Contents

Page No.

1. Notice Inviting Tender 3 - 4

2. Instructions to Tenderers 5 - 9

3. Standard Conditions of Contract (Annexure I) 10- 19

4. Special Conditions of Contract (Annexure II) 20 - 22

5. Format for Covering Letter(Annexure III) 23- 24

6. Financial Bid – Packet B (Annexure IV) 25


INDIAN RAILWAY CATERING AND TOURSIM CORPORATION LTD.(A Government of India Undertaking)

NOTICE INVITING TENDER

________________________

______________________________________________________

______________________________

______________________________

Subject: Submission of Tender for Supply of Dinner in Train No 12293 LTT-ALD Duronto ex- LTT/IGPStation.

Tender no. : IRCTC/WZ/Duronto/12293/April-2014.

1. Sealed tenders under Two Packet System (Packet A- Technical Bid containing Page No. 1 -24 and Packet B- Financial Bid containing Page 25) are invited by Indian Railway Cateringand Tourism Corporation Ltd., Mumbai for supply of the subjected item(s) from Reputed Party’sas per the special Conditions (if any) laid down in this Tender Documents.

Date and Time of Opening of Tenders : 28/04/2014 at 15:30 HRS

Place of Opening of Tender :

Indian Railway Catering and Tourism Corporation Ltd.2nd Floor, New Admn. Bldg., D. N. Road,Chhatrapati Shivaji Terminus, Mumbai-400 001.Tel. : (022) 22618062 – 64Fax : (022) 22618066

2. Sealed tenders containing Packet A- Technical Bid and Packet B – Financial Bid inseparate sealed envelopes, along with Earnest Money Deposit in the form of Demand Draft forRs.204600/- drawn on any Nationalized/Scheduled/Commercial Bank, payable at Mumbai infavor of Indian Railway Catering and Tourism Corporation Ltd.) may be dropped in the tender boxkept for that purpose, in the Office of Indian Railway Catering and Tourism Corporation Ltd. at theabove mentioned address. The tender shall be opened in the presence of intending Tenderers onthe same day at the same address.

3. Tenders should be filled with neat, legible and correct entries. Indistinct figures should beavoided. The amount/rates should be filled in figures as well as in words.Correction/Omission/Overwriting/Cuttings should be dated and initialed. Being different in wordsand figures, the rate written in words shall be taken for calculation.

4. The Tender should be signed at all places provided therein. Also all pages andcorrections/alterations should be initialed. Each of the Tender documents is required to besigned along with the seal by the authority person/persons submitting the Tender in token ofhis/their having acquainted themselves with the Instructions to Tenderers, Standard Conditions,Special conditions, Technical Bid (Packet A); Financial Bid (Packet B) and all other clauses of thistender document. Any Tender Document not so signed may be liable for rejection.


5. The successful Tenderer shall be intimated about the Award of Work, and EMD of otherTenderers shall be returned without any interest on the amount deposited within 90 days ofopening of Tender. No interest shall be payable on EMD.

6. The Tender shall remain open for acceptance for 90 days from the date of opening of tender.

7. Indian Railway Catering And Tourism Corporation Ltd reserves the right to reject any/all Tenderswithout assigning any reason and shall not be bound to accept lowest tender.

8. The Notice Inviting Tender and the enclosed Instructions to Tenderers, Standard Conditions,Special Conditions, Covering Letter Format, Technical Bid (Packet A) and Financial Bid (PacketB) Format shall form part of Tender Documents. This document consists of 25 pages includingone index page and one cover Page.

9. A reserve price rate/cap has been kept on the bidding, as mentioned in annexure IV and thebidding has to be downward i.e. below the reserve price rate/cap. Any bidding above the reserveprice rate/cap will be rejected.

For Indian Railway Catering andTourism Corporation Ltd.

**********************************************************


INDIAN RAILWAY CATERING AND TOURISM CORPORATION LTD.(A Government of India Undertaking)

INSTRUCTIONS TO TENDERERS

The Indian Railway Catering and Tourism Corporation Ltd. hereinafter called the Purchaser, proposes toobtain sealed tenders under Two Packet System (Packet A- Technical Bid and Packet B- FinancialBid) from the Reputed Parties, in accordance with the instructions following hereafter.

1. General:Date & Time up to which Tenders should : 28/04/2014 at 15:00 HRSreach to this Office

Date & Time of Opening of Tender : 28/04/2014 at 15:30 HRS(Tender will be opened in presence of bidders, whosoever wishes to be present in the office of the

corporation to witness the opening of Tender.)

Envelope containing the Tenderto be addressed to - :

Regional DirectorIndian Railway Catering and Tourism Corporation Ltd.Name of Office :2nd floor, New Admn. Bldg., D. N. Road,Chhatrapati Shivaji Terminus, Mumbai-400 001.

Tel.No. (022) 22618062-64.Fax : (022) 22618066.

2.0 Documents to be submitted by Tenderers:Packet A – Technical Bid.

a. The entire tender document in original with relevant documents, duly stamped, dated,serially numbered and signed on each page.

b. Covering Letter as per Format enclosed – Annexure: III.c. Earnest Money Deposit of Rs.204600/- (Rupees Two Lakh Four Thousand Six

Hundred only) in the form of Demand Draft payable at Mumbai.Packet B – Financial Bid.

a. Financial Bid – Packet B as per Format enclosed- Annexure IV.

2.1 Pre Qualification requirements (Packet A- Technical Bid): The Tenderer shall provideSatisfactory evidence to show that:

a) Must have sales turnover of Rs.50 Lakhs in last Two completed financial years fromCatering Services business. Copy of last Two completed financial years Balance Sheetand Profit & Loss A/c Certified by a registered Chattered Accountant.

b) Details of availability of Base Kitchen within convenient range from station at whichsupply has to be made and its lease/ownership deed. The distance between station andbase kitchen should be such that the quality of food, proper packing etc is ensured. Thebase kitchen should not be located in a residential area. Copy of Food license / PFA,FSSAI License / manufacturing license / license of sales issued by competent authority,duly attested by gazette officer / 1st Class magistrate.

c) All the relevant documents to support the above claims and any other documents that hedeems are necessary to give sufficient evidence of his Financial and Technicalcapabilities, IT Return, PAN Card no., Tin No., VAT No.


2.2 The tender containing Packet A and Packet B should be sealed in a packet. The packetcontaining the Tender should be clearly marked “TENDER No. IRCTC/WZ/Duronto/12293/April-2014dt. 25/03/2014” in bold capital letters and “To be opened on 28/04/2014 at 15:30 HRS” should bewritten boldly below it.

2.3 Only the Bidders qualified in Packet A - Technical Bid, are eligible for opening of theirFinancial Bid-Packet B.

3.0 Validity:The submission of any offer connected with this tender document shall constitute an undertakingthat the tenderer shall have no cause for and claim, against IRCTC for rejection of the offer.IRCTC shall always be at liberty to reject or accept any offer at his sole discretion and any suchaction will not be called into question and the tenderer shall have no claim in that regard againstIRCTC.

3.1 The offer shall be kept valid for acceptance for a minimum period of 90 (Ninety) days from thedate set for opening of Packet B- Financial Bid.

3.2 Offers shall be deemed to be under consideration immediately after they are opened and untilsuch time the official intimation of award of contract is made by IRCTC to the tenderer. While theoffers are under such consideration, tenderers and or their representatives or other interestedparties are advised to refrain from contacting IRCTC by any means. If necessary, IRCTC willobtain clarifications on the offers by requesting for such information from any or all the tenderers,in writing, as may be considered necessary. Tenderers will not be permitted to change thesubstance of their offers after the offers have been opened.

4. Tender EvaluationDuring tender evaluation, IRCTC may, at its discretion, ask the Tenderer for a clarification of itstender. The request for clarification and response shall be in writing, and no change in the priceor substance of the tender shall be sought, offered or permitted.

5.0 Rates:The tenderers should quote FOR rates inclusive of Sales Tax and Excise Duty or any otherstatutory levies applicable on the item(s) and freight, Octroi or any other expenses for delivery ofitem(s) at the destination(s) excluding applicable VAT. The offers with rates not quoted inclusiveof Sales Tax, Excise Duty etc. and Freight etc. are liable to be rejected. The firm should submitthe tax invoice bill of respective state in which supply is made to claim set off.

5.1 The rates finalized against this tender shall be valid for a period TWO YEAR from the date ofaward of contract.

5.2 IRCTC may waive any minor nonconformity, or irregularity in a tender document that does notconstitute a material deviation, provided such waiver does not prejudice or affect the relativeranking of any bidder.

5.3 Prior to the detailed evaluation, IRCTC will determine whether each tender document is complete,and is substantially responsive to the bidding documents. For purposes of this determination, asubstantially responsive bid is one that conforms to all the terms, conditions, and specifications ofthe Tender Documents without material deviations,

5.4 Exceptions, objections, conditionality’s, or reservation. Material deviation, exception, objection,conditionality, or reservation is:a. One that limits in any substantial way the scope, quality, or performance of the

product/material/materials.b. One that limits, in any substantial way that is inconsistent with the tender documents, IRCTC

rights or the successful bidders’ obligations under the contract; and

c. One that the acceptance of which would unfairly affect the competitive position of otherbidders who have submitted substantially responsive bids.

If a bid is not substantially responsive, it will be rejected by IRCTC and may not subsequently bemade responsive by the bidder by correction of the nonconformity. IRCTC’s determination of bidresponsiveness will be based on the contents of bid itself and any written clarifications sought by


IRCTC in writing the response to which shall also be in writing and no change in rates shall besought, offered or permitted.

5.5 A Reserve Price Rate/Cap excluding applicable VAT, have been kept in the Financial Bid(Annexure IV) for the catering services to be provided and bidder has to bid downward from theReserve Price Rate/Cap. Any bid above the Reserve Price rate/Cap will be rejected.

5.6 The applicable VAT amount will be separately paid by IRCTC/WZ, to the full fledged VATdealer service provider only and not Composite VAT dealers, on production ofdocumentary evidence i.e VAT challans etc, showing that VAT amount has been paid bythe service provider to the concerned government authorities.

6.0 Earnest Money:6.1 Tenderers are required to furnish Demand Draft of Rs.204600/- (Rupees Two Lakh Four

Thousand Six Hundred only) in favor of Indian Railway Catering and Tourism Corporation Ltd.drawn on any scheduled commercial bank payable at Mumbai towards Earnest Money to beeligible for participation in this tender. In case, the offer is not accompanied by Earnest Money,the same will be summarily rejected.

6.2 The Earnest Money shall remain deposited with IRCTC for a period of 90 days from the date ofopening of the tenders. If validity of the offer is extended, the Earnest Money shall be returnedafter the expiry of the aforesaid period.

6.3 No interest shall be payable by IRCTC on the Earnest Money.

6.4 The Earnest Money deposited is liable to be forfeited if the tenderer withdraws or amends impairsor derogates from the tender in any respect within the period of validity of his offer.

6.5 The Earnest Money of the successful tenderer will be returned after the Security Deposit asrequired is furnished or the same will be adjusted in the Security Deposit.

7.0 Documents to be submitted apart from other enclosures in Technical Bid- Packet A :7.1 Proprietorship Firms:

a)Name of the proprietor;b)Complete address of the proprietor;c)Power of Attorney ( duly attested by the public notary with notaries stamp affixed there on ) if any

executed in favor of any persons by the proprietor to act on his behalf or on behalf of the firm;d)Address of the person in whose favor the power of attorney has been executed by the proprietor.e)Proof of Sale Turnover for last Two years i.e. 2011-12 & 2012-13 Profit and Loss Account, IT

Returns as audited and certified by CA.f) Solvency Certificate ;Net worth Certificate; FSSAI/PFA Certificate; Shop Establishment

Certificate; Lease/Ownership Deed of the Base Kitchen premises.g)Catering Experience Proof of last two year along with list of clientele.h)Details of the Base Kitchen viz. Distance from Station, Equipments available, Area and Lay Out,

Staff details with medical status, Volume of sale from Base Kitchen, List of customers, Menu offood cooked in Base Kitchen etc.

7.2 Partnership firms:a)Name of the partners:b)Complete address of the partners:c)Partnership Deed (Photocopy duly attested with notaries stamp); andd)Power of attorney if any executed by any partner / partners duly attested by public notary with

notaries stamp affixed thereon.e) Proof of Sale Turnover for last Two years i.e. 2011-12 & 2012-13 Profit and Loss Account, IT

Returns as audited and certified by CA.f) Solvency Certificate / Net worth Certificate. FSSAI/PFA Certificate; Shop Establishment

Certificate; Lease/Ownership Deed of the Base Kitchen premisesg) Catering Experience Proof of last two year along with list of clienteleh) Details of the Base Kitchen viz. Distance from Station, Equipments available, Area and

i) Lay Out, Staff details with medical status, Volume of sale from Base Kitchen, List ofcustomers, and Menu of food cooked in Base Kitchen etc.


7.3 Company:a) An attested copy of the certificate of incorporation issued by the Registrar of Companies,

attestation should be done by Notary Public with Notaries Stamp;b) A certified copy of Memorandum and Articles of Association of the Company;c) Name and address of the present Directors if not mentioned in the Memorandum and Articles of

Association.d) Proof of sales turnover.e) Proof of Sale Turnover for last Two years i.e. 2011-12 & 2012-13 Profit and Loss Account, IT

Returns as audited and certified by CA.f) Solvency Certificate / Net worth Certificate; FSSAI/PFA Certificate; Shop Establishment

Certificate; Lease/Ownership Deed of the Base Kitchen premises.g) Catering Experiences Proof of last two year along with list of clientele.h) Details of the Base Kitchen viz. Distance from Station, Equipments available, Area and Lay Out,

Staff details with medical status, Volume of sale from Base Kitchen, List of customers, Menu offood cooked in Base Kitchen etc.

7.4 Criterion for Base Kitchen:

a. Distance of the Base Kitchen: The Base Kitchen set up of the service providers, supplyingmeals/breakfast/hi tea to various Duronto and Shatabdi Trains needs to be streamlined to maintainquality, hygiene and supply as per the approved specifications. To ensure award of tenders to genuineservice providers, the following basic infrastructure of base kitchens is proposed-

b. Location: Ideally the base kitchen of the service provider should be within 6-7 Kms from therailway station and should be located in market/commercial/industrial area and should not belocated in residential area/colonies.

c. Equipments: The base kitchen must have basic equipments viz. minimum ‘6’ Big Gas Bhattisrange; Gas Bank of Commercial Cylinders; Separate area for Veg and Non Veg Cooking;Exhaust and Ceiling Fans; Separate platforms for Veg/Non Veg Meals Packing; Separate De-Freeze/Fridge for storing Veg/Non Veg material; Pulveriser; Wet Masala Grinder; WeighingScales; Fire Extinguishers; Separate Utensils for Cooking Veg/Non Veg Meals; Sufficient PlasticCrates for loading Meals; Urns/Cans for Soup; Sufficient sink area for cleaning utensils etc;Dough Kneader; Fly Catchers; Laminated tube lights; Hot plate for paratha/rotis; Concealeddrainage, 24 hrs tap water and must be adequately lit.

d. Area: The base kitchen in carpet area, should not be less than 600 sq ft for service providersupplying meals and not less than 400 sq ft for service providers supplying breakfast/hi tea.

e. Layout: The base kitchen should have separate and adequate Cooking, Packing and Storagearea. Sufficient platforms should be provided for packing the meals and store room must haveproper shelves/cupboard for storage.

f. Staff: All kitchen staff must be medically fit and have medical doctor’s valid certificate and mustbe on the muster roll to be maintained by the service provider. Skilled staff should be employedfor preparation and packing of the meals.

g. Documents required: A valid FSSAI certificate of the base kitchen is mandatory; HACCPCertificate, Lease & License agreement papers or ownership documents; Shop EstablishmentCertificate, business from the base kitchen proof viz. sale figures, production details, purchase ofmaterial vouchers etc. must be available.

h. Volume of Production: The volume of production in the base kitchen, the clients to whom foodfrom the base kitchen is supplied and turnover of the base kitchen should be specified.

i. Material: Only branded material should be used for preparing the meals, no use of Palm Oil forcooking.

j. Hygiene: Sufficient cleaning mediums must be available in the kitchen and Staff should use handgloves, hair net and face masks while cooking and packing the meals. The windows and doors


should have Net Mesh to avoid flies, dust etc. Wash Room for the staff must be provided for withliquid soap for hand washing.

k. Drainage & Garbage Disposal: The Base Kitchen must have proper and possibly concealeddrainage system and the separate area away from the cooking room, for keeping the garbage.The drain should be free flowing and the garbage has to be disposed regularly to avoid anyaccumulation.

l. Transportation: Adequate facilities to transport food from the base kitchen to trains must beavailable

m. Pre-Site Inspection of Base Kitchen:

A pre-site inspection of the bidder’s base kitchen shall be conducted prior to finalization of PacketA and only Packet B of those bidders shall be opened, whose base kitchen is in accordance withthe criterion laid down in clause no. 7.4; their pre-site inspection report is also satisfactory andwho fulfills the requirement of Packet A, shall qualify for Packet B opening.

7.5 The bidders who fulfill the criteria of required sales turnover, desired catering experience,Solvency, P & L A/c and Balance Sheet but do not have base kitchen at the required place, shallbe given a grace period of maximum 30 days to set up the base kitchen and process the relevantdocuments. The decision to grant a grace period is purely at the discretion of IRCTC/WZ and thebidder will have no right to contest the decision taken by IRCTC.

8.0 The tenderer shall supply the accepted part/whole quantity at the accepted rate.9.0 Tenders are not transferable. IRCTC reserves the right to reject or accept any tender in whole or

in part on account of credentials, technical capability, past performance or any other evaluationcriteria to ensure uninterrupted supply of material. The decision of IRCTC in this regard will befinal and IRCTC is not liable to assign any reasons for the decision.

10.0 Tenderers are invited to quote their rates in the enclosed format provided in Annexure – IV inaccordance with the above instructions and as mentioned in clause no. 5.5 and seal the same asPacket B.

11.0 Offers sent by post should be by ‘Registered post’/’Courier’ with acknowledgementduly addressed to the below mentioned. However IRCTC shall not be responsible for any postaldelay. All tender received after the stipulated time table will be summarily rejected.

12.0 The Tenderers must ensure that the conditions lay down for submissions of offers detailed in thepreceding paras are completely and correctly fulfilled. Tenders, which are not complete in allrespects as stipulated above, may summarily, be rejected.

13.0 IRCTC will reject all the offer documents summarily received after the stipulated time.

Regional DirectorIndian Railway Catering and Tourism Corporation Ltd.Name of Office :2nd floor, New Admn Bldg., D. N. Road,Chhatrapati Shivaji Terminus, Mumbai-400001.Tel.(022) 22618062-64, Fax: (022) 22618066.


ANNEXURE - I

INDIAN RAILWAY CATERING AND TOURISM CORPORATION LTD(A Government of India Undertaking)

STANDARD CONDITIONS OF CONTRACT(For supply of Materials or Services)

A. Definitions and Interpretation

1.0 In the Contract, unless the context otherwise requires;

1.1 “Consignee” means where the materials are required by the acceptance of tender to bedispatched by rail, road, air or steamer, the person specified in the Acceptance of Tender towhom they are to be delivered at the destination; where the materials are required by theacceptance of tender to be delivered to a person as an interim consignee for the purpose ofdispatch to another person, such other persons; and in any other case the person to whom thematerials are required by the acceptance of tender to be delivered in the manner thereinspecified;

1.2 “Contract” means and includes the invitation to tender, instructions to tenderers, tender,acceptance of tender, Standard Conditions to Contract, Special Conditions of Contract,particulars and the other conditions specified in the acceptance of tender and includes a repeatorder which has been accepted or acted upon by the / for the Party and a formal agreement, ifexecuted;

1.3 The “Party” means the person, firm or company with whom the order for the supply is placedand shall be deemed to include the Parties successors (approved by IRCTC) representatives,heirs, executors and administrators, as the case may be, unless excluded by the terms of thecontract;

1.4 “The Inspecting Officer’ means the person specified in the contract for the purpose ofInspection of materials or services under the contract and he is an officer authorized by IRCTCand/or Chief Medical Officer of Railway Administration.

1.5 “Particulars”: include –(a) Specifications;(b) Any other details governing the construction, manufacture or supply of materials as may

be prescribed by the contract.

1.6 “The Purchaser” means the Indian Railway Catering and Tourism Corporation Ltd. (IRCTC).

1.7 “Purchaser Officer” means the officer signing the acceptance of the tender and includes anyofficer who has authority to execute the relevant order as part of the contract on behalf of thePurchaser.

1.8 “Materials” means the goods specified in the contract which the Party has agreed to supplyunder the contract;


1.9 “Test” means such test as is prescribed by the particulars or considered necessary by theInspecting Officer/ Catering-in-Charge whether performed or made by the inspecting Officer orany agency acting under the direction of the Inspecting Officer/ Catering-in-Charge.

1.10 “Unit” and “Quantity” means the unit and quantity specified in the contract’

1.11 The delivery of the materials shall be deemed to take place on delivery of the materials inaccordance with the terms of the contract, after approval by the Catering-in-Charge or hisrepresentative if so provided in the contract, to-

(a) the consignee at his premises; or(b) where so provided the interim consignee at his premises; or(c) a carrier or other person named in the contract for the purpose of transmission to

the consignee, or(d) The consignee at the destination station in case of contract stipulating for delivery of

materials at destination station.

1.12 Terms and expression not herein defined shall have the meanings assigned to them in the IndianSale of Goods Act, 1930 (as amended) or the General Clauses Act, 1897 (as amended), or theIndian Contract Act, 1897 (as amended),as the case may be.

1.13 This Contract shall be governed by the Laws of India for time being in force.

1.14 Reference to any Statute or Statutory provision includes a reference to that statute or statutoryprovision as from time to time amended, extended or re-enacted.

1.15 Irrespective of the place of delivery, the place of performance or place of payment under thecontract, the contract shall be deemed to have been made at the place from where theacceptance of the tender has been issued.

1.16 Any notices required to be given under this agreement/contract shall be in writing and shall bedeemed to have been served if sent by registered/ airmail /courier post correctly addressed to theParties to this Contract.

1.17 Words importing the singular shall include the plural and vice versa, words importing any gendershall include all other genders, words importing persons shall include bodies corporate,Unincorporated associations and partnerships and vice versa. References to whole shall includethe part and vice versa.

1.18 The Courts of the place from where the acceptance of the tender has been issued shall alonehave jurisdiction to decide any dispute arising out of or in respect of the contract.

1.19 The heading of these conditions shall not affect the interpretation or construction thereof.

B. General

2.0 PARTIES:

2.1 The parties to the contract are the Party and the Purchaser, as defined in Clauses 103 and 106.

2.2 Authority of person signing the contract on behalf of the Party.A person signing the tender or any other document in respect of the Contract on behalf of theParty without disclosing his authority to do so shall be deemed to warrant that he has authorityto bind the Party. If it is discovered at any time that the person so signing has no authority to doso, IRCTC may, without prejudice to any other right or remedy of IRCTC, cancel the contract andmake or authorize making of a purchase of the materials at the risk and cost of such person, andhold such person liable to IRCTC for all costs and damages arising from the cancellation of thecontract including any loss which IRCTC may sustain on account of such purchase.


2.3 Address of the Party and notices and communications on behalf of IRCTC-

a. For all purposes of the contract, including arbitration there under, the address of the Partymentioned in the tender shall be address to which all communications addressed to theParty shall be sent, unless the Party has notified change by a separate letter containingno other communication and sent by registered post acknowledgment due to IRCTC.The Party shall be solely responsible for the consequence of an omission to notify achange of address in the manner aforesaid.

b. Any communication or notice on behalf of IRCTC in relation to the contract may beissued to the Party by the Catering-in-Charge and all such communications and noticesmay be served on the Party either by registered posts or under certificate of posting or byordinary post or by courier or by hand delivery at the option of such officers.

3.0 CONTRACT:

3.1 This contract is for the supply of the materials of the description, specifications and in thequantities set forth in the contract/ acceptance of the tenders on the date or dates specifiedtherein. Unless otherwise specified, the materials shall be entirely brand new and of the bestquality and workmanship to the satisfaction of the Catering-in-Charge/ Inspecting Officer.

3.2 Any variation or amendment of the contract shall not be binding on IRCTC / Party unless anduntil the same is duly endorsed on the contract incorporated in a formal instrument (RiderAgreement) or in exchange of letters and signed by the parties.

3.3 Each party shall undertake with the other to do all things reasonably within its power which arenecessary or desirable to give effect to the spirit and intent of the Contract/ Agreement.

4.0 SECURITY DEPOSIT:

4.1 Unless otherwise agreed between IRCTC and Party, the Party shall, within 15 days after writtennotices of acceptance of the tender has been posted to the Party, deposit with the Corporation (inthe form of Demand Draft in favor of Indian Railway Catering and Tourism Corporation Ltd. drawnon scheduled commercial bank payable at Mumbai) a sum equal to 5 percent of the total valueof the materials detailed in the contract for which the tender has been accepted, subject toa maximum of Rs. 10,00,000/- as a security for the due fulfillment of the contract.

4.2 If the Party, having been called upon by IRCTC to furnish security, fails to make and to maintainthe security deposit within the specified period, it shall be lawful for IRCTC:

(a) to recover from the Party the amount of such security deposit by deducting the amountfrom the pending bills of the Party under any other contract with IRCTC, or

(b) to cancel the contract or any part thereof and to purchase or authorize the purchase ofthe materials at the risk and cost of the Party.

4.3 No claim shall lie against IRCTC in respect of interest on Security Deposit or depreciation thereof.

4.4 IRCTC shall be entitled and it shall be lawful on his part to forfeit the said security deposit inwhole or in part in the event of any default, failure or neglect on the part of the Party in thefulfillment or performance in all respect of the contract under reference or any other contract withIRCTC or any part thereof to the satisfaction of IRCTC and IRCTC shall also be entitled todeduct from the said deposits any loss or damage which IRCTC may suffer due to any act orother default, recoverable by IRCTC from the Party in respect of the contract under reference orany other contract and in either of the events aforesaid to call upon the Party to maintain the saidsecurity deposit at its original limit by making further deposits, provided further that IRCTC shallbe entitled to recover any such claim from any sum then due or which at any time thereafter maybecome due to the Party under this or any other contracts with IRCTC.


5.0 EXECUTION OF CONTRACT:

5.1 The delivery schedule will be given by the Station officer’s or any person authorized by him, atIRCTC Catering Units of mentioned stations. The supply can be had as and when required by theunit concerned.

5.2 The Party shall deliver the material at IRCTC Catering Units strictly according to the requirementsintimated by the Station officer’s as the case may be during the currency of contract within agreedupon / reasonable period.

5.3 Time for and Date of delivery the essence of the ContractThe time and the date specified in the contract or as extended for the delivery of the materialsshall be deemed to be of the essence of the contract and delivery must be completed not laterthan the date(s) so specified or extended. The time limit for delivery mentioned above shall bedeemed to be the essence of the contract and should the Party fail to complete delivery (includingreplacement of rejected supplies or unsold stock) within the stipulated time and in the mannerprescribed in the schedule and specifications the IRCTC shall be entitled to purchase therequired quantity on the account and at the risk of the Party and the Party shall be liable for anyloss or damage which the IRCTC may sustain by reason of such failure on his part.

5.4 On delivery of the material at the IRCTC premises, the Station officer’s or his representative willinspect the supply and take over the supply if it is in accordance with the specifications andapproved sample. The delivery challan of the Party will then be duly stamped and signed by theStation officer’s or his representative as the actual net weight of the quantity taken over from theParty.

5.5 In the case of replacement of the rejected supplied is ordered, similar procedure asdetailed above will be followed for grant of material receipt on your delivery challan. In the case ofrejected supplies whether replaced or not, all the handling weighment and other charges incurredby the IRCTC, will be recovered from the Party’s bills or security deposit. In the case of anydispute regarding the quantity, decision of the Station officer’s shall be final.

5.6 The whole order should be executed in the most approved and workman like manner to the entiresatisfaction of IRCTC and any authorized representative of the IRCTC shall have the power toreject any of the supply which he may disapprove of as not conforming to the specificationsand stipulations mentioned herein. The Party will be required to remove the rejected suppliesimmediately and replace the stocks within 48 hours of the time of rejection. If not removedduring the time specified above, IRCTC shall have the right to dispose of the rejectedsupplies at the Party's risk and on his account.In the event of the failure on the part of the Party to replace the rejected commoditieson or before the due time, prescribed, IRCTC shall be entitled to purchase elsewhere thequantity of goods required, on the Party's account and at his risk and the Party shall beliable for any loss or damage which IRCTC may sustain in consequence of on arising outof such purchases. IRCTC shall, without prejudice to it other rights and remedies, be entitled torecover as per Risk Purchase Clause.

5.7 No consignment shall be treated as having been supplied until and unless it has been sampledand accepted by the consignee and the decision of IRCTC as regards quality or quantity ofsupplies delivered shall be final and IRCTC shall be entitled to reject any or all the supplies asunsuitable.

5.8 The Party should submit warranty certificate mentioning “WE HEREBY CERTIFY THAT ITEMSMENTIONED IN THE CHALLANS/BILLS ARE WARRANTED TO BE OF THE NATURE ANDQUALITY WHICH THESE PURPORT TO BE” with each supply.

5.9 The supply will be accompanied with challans in quadruplicate and original will be returned to youduly signed by the Chief Inspector Catering or by his authorised representative of the concernedcatering unit.

5.10 The Party shall as may be required by IRCTC deliver F.O.R. at the place/places detailed in thecontract, the quantities of the materials detailed therein and the materials shall be delivered or


dispatched not later than the dates specified in the delivery schedules issued as per requirementby Departmental Catering units. The delivery will not be deemed to be complete until and unlessthe materials are inspected and accepted by the Station officer’s as provided in thecontract/acceptance of the tender.

5.11 The quantities will be specified as and when required. The quantities shown on the tender formare only approximate and intended to give the tenderers an idea of the turnover they can expect.The IRCTC Administration reserves the right to order any quantity.The payment will be made only for actual quantities ordered from time to time by the appropriateauthority for the prescribed material and supplied by the Party.

5.12 Consignor’s Right of Rejection-Notwithstanding any approval which the Station officer’s may havegiven in respect of the any materials or other particulars involved in the performance of thecontract(whether with or without any test carried out by the Party or the Station officer’s or underthe direction of the Inspecting officer) and notwithstanding delivery of the materials where soprovided to the interim consignee, it shall be lawful for the consignee, on behalf of IRCTC, toreject the materials or any part, portion or consignments thereof within a reasonable time afteractual delivery thereof to him at the place or destination specified in the contract if such materialsor part, portion or consignment thereof is not in all respects in conformity with the Terms andconditions of the contract whether on account of any loss, deterioration or damage beforedispatch or delivery or during transit or otherwise howsoever.

6.0 QUALITY:6.1 Tenderers should send samples free of charge, of products offered by them as and

when required/ demanded by IRCTC.

6.2 Each supply should be fresh, of good quality and as per the specification as mentioned in thetender form. In case of frequent complaints regarding Quality, Quantity and Hygiene of the foodsupplied, IRCTC reserves the right to terminate the contract with forfeiture of Security Deposit.

6.3 The products to be supplied shall confirm to the standards laid down in FSSAI/PFA and additions& alterations thereto from time to time and will also be subject to inspection by the RailwayAdministration Chief Medical Officer or any Officer authorized by IRCTC in this behalf. If, oninspection, the same are rejected as being unwholesome or otherwise unfit for humanconsumption, the Party shall replace the goods and loss on this account will be to Party’s bill.The Party shall also bear the cost of chemical analysis, should such examination be considerednecessary in the public interest by the officials of the IRCTC. The decision of IRCTCrepresentative / Railway Administration Chief Medical Officer / Testing Laboratory will be final andbinding on the on the Party.

6.4 The Party(s) shall be responsible for the compliance of the provision of FSSAI/PFA Railwaydoctors and sanitary inspectors, who have been appointed as Food Inspectors under section 10and 11 of the said act, shall have all the powers of the Food Inspectors conferred by the said act.The Party(s) shall also treat them as Food Inspectors duly appointed under the said act.

6.5 In case the Party(s) is/are prosecuted and convicted under then provision of the said act by aCourt of Law the Party shall be liable to be terminated after 48 hours.

6.6 The products supplied must be free from dust and extraneous matter and should be clean and/orscreened in advance for that purpose, if necessary.

6.7 Parties have to submit an undertaking that the products to be supplied by them are fit for humanconsumption and in no way injurious to human health and the shelf life of the product may beindicated before commencement of supplies.

6.8 As cent percent inspection is not possible or practicable at the time of supply being bulk supply,the Party shall replace the material at his own cost, defective/expiry dated if found afterwards on


opening of cartons. If the same are not replaced in the reasonable time, the cost thereof will berecovered from Party’s subsequent bills.

6.9 Inspection by Purchaser for Quality:

IRCTC shall have the power:

a. to certify any materials or part thereof of submitted for inspection that they are not inaccordance with the contract owing to the adoption of any unsatisfactory method ofmanufacture.

b. to reject any materials submitted as not being in accordance with the particulars.

c. to reject the whole of the installment, if after inspection of such portion thereof as he may inhis discretion think fit, he is satisfied that the same is unsatisfactory.

d. the Inspecting Officer’s decision as regards the rejection shall be final and binding on theParty.

6.10 IRCTC reserves the right to inspect the materials to be dispatched / in Transit / already deliveredat any time and at anywhere. IRCTC also have rights to inspect the raw materials used formanufacturing, process of manufacturing, quality policy fixed and testing facilities for the productto be supplied by the Party at the Party’s premises.

6.11 Cost of Test: The Party is liable to pay for any Lab Test done on their product supplied forconformity on quality.

7.0 SAMPLES:

7.1 Advance Sample: Where an advance sample is required to be approved under the terms of thecontract or Acceptance of the tender, the Party shall submit the sample free of cost to theInspecting Officer within the time specified in the acceptance of tender or Acceptance of thetender. In the event of the failure of the Party to deliver the advance sample by the date specifiedby IRCTC or of the rejection of the sample, IRCTC shall be entitled to cancel the Acceptance ofthe tender and, if so desired, purchase or authorize the purchase of the materials at the risk andcost of the Party.

7.2 Marking: Samples submitted shall be clearly labeled with the Party’s name and address and thetender number or acceptance of the tender no. and date.

7.3 The rejection of the sample by IRCTC shall be final and binding on the Party.

7.4 Where the contract/acceptance of the tender does not require any advance sample to beapproved, the Party may before proceeding with bulk manufacture or delivery of the materials, ifhe so desires may consult the Unit Catering-inspector, submit to the Inspecting Officer forinspection a sample of the materials in which case a quantity advised by the Station officer shallbe submitted. The Party shall not, however, be entitled to be shown any consideration or give anyextension of time or claim to be exonerated from completing the delivery within the stipulatedperiod only on the ground of delay in the approval of any such sample.

8.0 RISK PURCHASE CLAUSE

8.1 IRCTC reserves the right to make emergent purchase in case of failure of supply/rejected supplyeither in part or full as per demand placed by the Catering unit and amount paid of suchpurchases should be adjusted from your Bill and may take following punitive actions.

a) Fine to the tune of 2% of total amount supply not made/degraded supply made may be imposedon the total value of the material for non supply/short supply/degraded supply etc. The fineamount will be deducted from the bill submitted for the next material supplied.


b) The occurrence of such event for a three times during the contract period will lead to cancellationof contract by IRCTC at any time after serving warning on each such event. The cancellation ofcontract will automatically come into effect from the last working hour of a scheduled delivery dateafter serving the last warning. On such event of cancellation you will be black listed and will notbe allowed to participate in any Tender / supply contract for a period of 1 year. On eventof cancellation of contract the security deposit available with us for the contract will be forfeited.

9.0 PACKING:

9.1 The Party shall pack at his own cost the materials sufficiently and properly for transit by rail/road,air and/or sea as provided in the contract so as to ensure their being free from loss or damage onarrival at their destination.

9.2 Unless otherwise, provided in the contract all containers (including packing cases, boxes, tins,drums and wrappings) in which the materials are supplied by the Party, shall be considered asnon-returnable and their cost as having been included in the contract price.

9.3 All markings shall be carried out with such material as may be found satisfactory by IRCTC asregards quickness of drying, fastness and indelibility.

9.4 The Inspecting Officer may reject the materials if the materials are not packed and/or marked asaforesaid and in case where the packing materials are separately prescribed, if such materialsare not in accordance with the terms of the contract. Such rejection of the materials by theInspecting Officer shall be final and binding on the Party.

9.5 In case of supply of commodities, the Party must have to pack the material in a polythene bag asan inner to any other outer packing such as gunny bag of pack size mentioned by IRCTC.

10.0 WITHHOLDING AND LIEN IN RESPECT OF SUMS CLAIMED.

Whenever any claim or claims for payment of a sum of money arises out of or under the contractagainst the Contractor, IRCTC shall be entitled to withhold and also have a lien to retain suchsum or sums in whole or in part from security, if any, deposited by the Contractor and for thepurpose aforesaid, IRCTC shall be entitled to withhold the said cash security deposit or thesecurity, if any, furnished as the case may be and also have a lien over the same pendingfinalization or adjudication of any such claims. In the event of the security being insufficient tocover the claimed amount or amounts or if no security has been taken from the Contractor,IRCTC, shall be entitled to withhold and have lien to retain to the extent of the such claimedamount or amounts, from any sum or sums found payable or which at any time thereafter maybecome payable to the contractor under the same contract or any other contract with IRCTCpending finalization or adjudication of any such claim.

10.1 It is an agreed term of the contract that the sum of money or moneys so withheld or retainedunder the lien referred to above, by IRCTC will be kept withheld or retained as such by thePurchase till the claim arising out of or under the contract is determined by the Arbitrator (if thecontract is governed by the arbitration clause) or by the competent court.

10.2 Any dispute or difference in respect of either the interpretation effect or application of the abovecondition or of the amount recoverable there under by IRCTC from the Party, shall be decided byIRCTC, whose decision thereon shall be final and binding on the Party.

11.0 INDEMNITY

The Party shall at all times indemnify IRCTC against all claims which may be made in respect ofthe materials for infringement of any right protected by patent, registration of designs or trademark. Provided always that in the event of any claim in respect of alleged breach of patent,registered designs or trade mark being made against IRCTC, IRCTC shall notify the Party of thesame and the Party shall, at his own expense, either settle any such dispute or conduct anylitigation that may arise there from.

12.0 FORCE MAJEURE:


Neither party shall be liable for failure to perform or delay in performing any obligation under thiscontract if the failure or delay is caused by any circumstances beyond its control, including but notlimited to acts of God , war, civil commotion or industrial dispute. If such delay or failure continuesfor at least 30 days, the party not subject to force majeure shall be entitled to terminate thecontract by notice in writing to the other.

13.0 CORRUPT PRACTICES

Party is expected to observe the highest standard of ethics during the execution of this contract. Ifthe Party has engaged in corrupt or fraudulent practices, in competing for or in executing thecontract, IRCTC may, after given 14 days notice to the Party, terminate the Contract. In pursuit ofthis policy, IRCTC:

a. Defines, for the purposes of this provision, the terms set forth below as follows:

I. “corrupt practice” means the offering, giving , receiving or soliciting of anything ofvalue to influence the action in the procurement process or in Contract execution; and

II. “fraudulent practice” means a misrepresentation of facts in order to influence aprocurement process or the execution of a contract to the detriment of IRCTC andincludes collusive practices among bidders (prior to or after bid submission) designedto establish bid prices at artificial, non-competitive levels and to deprive IRCTC of thebenefits of free and open competition;

b. Will reject a proposal for award if it determines that the tenderer being considered for awardhas engaged in corrupt or fraudulent practices in competing for the Contract.

14.0 BREACH OF CONTRACT:

14.1. Any breach of the terms & conditions mentioned in this tender document by the Party, or any oneemployed by him or acting on his behalf (whether with or without the knowledge of the Party) orthe committing of any offence by the Party or by any one employed by him or acting on his behalfunder Chapter IX of the Indian Penal Code, 1860 or the Prevention of Corruption Act, 1947 or anyother act enacted for the prevention of corruption by public servants shall entitle IRCTC tocancel the contract and all or any other contracts with the Party and to recover from the Party theamount of any loss arising from such cancellation.

15.0 ARBITRATION & LAW

15.1. In the event of any dispute or difference arising under these conditions of Contract or inconnection with this Contract (except as to any matters, the decision of which isspecifically provided for by these or the special conditions) the same will be resolved byArbitration, as per the provisions of ‘The Arbitration and Conciliation Act – 1996.’ The venue ofthe Arbitration shall be at IRCTC, Zonal Office at Mumbai. All questions, disputes and ordifferences arising under or in connection with this agreement or in touching or relating to orconcerning the construction, or affect of presents (excepts as to matters the decision whereof isother-wise herein before, expressly provided for) shall be referred to the Sole Arbitration of theofficer / officers or persons nominated by the GGM / WZ / IRCTC impose decision in this regardshall be binding on the Party.

15.2 The Courts of Mumbai shall have exclusive jurisdiction to decide any dispute arising out of or inrespect of the contract.

15.3. The Party will indemnify IRCTC/Railway administration for all losses and damages which mayarises out of the agreement.

16.0 PENALTY


The Party shall be liable to pay such penalty as IRCTC may inflict for complaints against theParty; which in their opinion are bona fide and substantiated. A minimum fine of Rs1000/- may beimposed in each case.

17. 0 EVENTS OF DEFAULT

In the event of any breach of the said terms and conditions of the Contract, the IRCTC shall beentitled to forfeit the whole or the part of the security deposit besides terminating or revoking thecontract.

IRCTC may initiate process for termination of Contract in the following event of default:

17.1 Breach of any of the terms or conditions or obligation of Contract on part of Party / his employees/ agents.

17.2 Any major material alteration in the agreed upon specification (if any) of the product to besupplied without the authorization of IRCTC and / or competent authority.

17.3 IRCTC at their discretion may call for any record to satisfy themselves regarding supply ofmaterial to catering units. The Party shall provide every help/document related to IRCTC, failingwhich it may amount to breach of condition of the contract.

17.4 The Party being adjudged bankrupt/insolvent or a trustee/receiver being appointed on the Party.

17.5 Repudiation of agreement by Party or otherwise evidence of intention not to be bound by theagreement.

17.6 Persistent closure of business by Party /Sub-Party for consecutive 45 days or more in anybusiness year.

17.7 Failure to adhere to any of the due dates for supply specified by the concerned Catering unit.

17.8 IRCTC at their discretion may call for any record to satisfy them regarding the supply and Partywill provide every help failing which it may amount to breach of condition of the Contract.

18.0 CONSEQUENCES OF DEFAULT

18.1 If the Party shall omit to perform and observe any of the terms, conditions, obligations hereincontained which by this agreement are to be observed and performed by the Party, then it shallbe lawful for the IRCTC any time thereafter to terminate the Contract agreement and forfeit theSecurity Deposit SUBJECT HOWEVER to the IRCTC having given to the Party fifteen (15) daysprior notice in writing to remedy or make good such breach and in spite of such notice the Partyhaving failed to remedy the breach. Upon termination of this Contract agreement as aforesaid,the Party shall take away its entire belongings if any lying at the IRCTC premises within a giventime frame.

19.0 MISCELLENEOUS

19.1. Successful parties would be given maximum fifteen ( 15 ) days time or less time, as the casemay be, from the date of issue of the letter of award of License, for payment of the SecurityDeposit (if any) and to convey his acceptance of award of contract. In case Party fails to acceptthe offer of award of contract, his Standing Earnest Money Deposit (SEMD) shall be forfeited byIRCTC. The Party shall be debarred from participating in the future projects of IRCTC for a periodof SIX MONTHS.

19.2. Any notice to be served on the Party’s shall be deemed to be sufficiently served if delivered at orsent by registered post addressed to the Party at their registered office or last known place ofbusiness. Any notice to be served by the Party on IRCTC shall be deemed to be sufficientlyserved if, delivered/sent by registered post addressed to the Regional Director, Indian RailwayCatering and Tourism Corporation Limited at its Zonal Office at 2nd Floor, New AdministrativeBldg., D. N. Road, CST Mumbai – 400 001.


19.3. The Station officer’s on behalf of IRCTC at the Catering Unit will specify to the Party, in writing thequantity to be delivered and the times, place and date etc. when the articles are to be deliveredas well as the officials who will receive them on his behalf. His decision on the nature and extentof the orders given and supplies received is final and binding on the Party. No tolerance will beaccepted for late delivery and penalty clause as mentioned in Standard Conditions of Contractshall apply to all late deliveries subject to acceptance of the material by the Consignee andextension of the delivery date by IRCTC. Transit insurance has to be arranged by the Party. Itmay be noted the quantity supplied should not be in excess of the ordered quantity. No additionalpayment will be made for excess quantity and it will not be adjusted with the subsequent order.

19.4 All delivery schedules are subject to provincial and Central Government Rules and Regulationswhich are or may be in force for the time being in respect of Civil Rationing of Central orRestrictions on movements of food stuffs or other articles.

19.5 Till the formal agreement is signed between Party and IRCTC, this tender document will bean agreement between the Party and IRCTC. THE TERMS & CONDITIONS OF THE TENDERDOCUMENT WILL BE BINDING ON BOTH THE PARTIES.

19.6 The Party shall maintain full records pertaining to supply of material to Purchaser (e.g. accounts,voucher, bills etc.) and make it available for inspection to IRCTC.

19.7 IRCTC Administration will not be liable to the Party for anything that may happen to the Partycommodities until the same pass into the physical possession of the Unit Catering Manager orMedical Officer and are accepted by them.

19.8 In case of perishable commodity only, if the supply is not required for any particular day or days,the IRCTC Administration may give 48 hours notice in writing to the Party to stop the supply ofsuch perishable commodity on the particular day or days without being liable to pay anycompensation whatsoever and the Party shall not supply the same for the day or days soadvised.

19.9 The IRCTC Administration also reserves the right to stop taking supply of any item of this contractor reduce its quantity to any extent during the pendency of this contract without assigning anyreason therefore.

19.10 The special conditions enclosed in Annexure – II for supply shall apply to the contract forsupply of the material mentioned in the Financial Bid. The Standard Conditions of Contract (forsupply of materials) shall apply except for the provisions mentioned therein special conditions.Where Special conditions differ from the Standard Conditions, THE SPECIAL CONDITIONSSHALL OVERRIDE THE STANDARD CONDITIONS.

19.11 The purchaser reserves the option to give a purchase/price preference to the offers from publicsector units and/or from Small Scale/Cottage Industries Units, over those from other firms, inaccordance with the policies of the Govt. from time to time. The Price preference above cannothowever be taken for granted and every endeavor need be made by then to bring down cost andachieve competitiveness.

ALL THE AFORESAID CONDITIONS OF SUPPLY SHALL BE APPLICABLE AND GOVERN DURINGTHE PERIOD OF CONTRACT.

****************


ANNEXURE - II

SPECIAL CONDITIONS

1.0 PRICE:

1.1 The rates quoted should be firm, inclusive of all rates or duties except applicable VAT,whatsoever payable to the Government or any other statutory body, inclusive also of packing andall other incidental charges for free delivery at catering unit. The Tax invoice should be withrespective state’s VAT in which supply is made to claim set off.

1.2 The Sales Tax, General tax or any other charge, rate, tax etc. that will be payable shall be paid bythe Party direct to the authorities concerned. It will be his responsibility to ascertain the amount ofsuch tax, charge or rate so payable. In case IRCTC is required or forced by the Sales TaxAuthorities or any other authority to pay any Taxes, charges etc. the Party will immediately onreceipt of intimation to this affect from IRCTC reimburse the IRCTC in full amount so paid. Theadequacy or the correctness of the amount so paid will not be challenged by the Party but he willget all such doubts clarified directly from the authorities to whom or from office in which IRCTChas paid such taxes, charges or rates.

Any further additional state / central government levy that may come in future will also be paid bythe Party.

1.3 The Party shall quote in the tender the rates of each item, which he is selling in the market and/oroffering to the IRCTC for supply so that the same may be compared with that of the products ofother Parties while considering the offers.

1.4 The rates quoted for the product to be supplied to IRCTC by the Party in the tender should not behigher than the rates of the same product and quantity adopted for the local market.

1.5 In addition to this tender, any future requirement of meals/breakfast/hi-tea required to be suppliedon trains from the concerned Station due to late running of trains/diverted trains/special holidaytrains, it will be binding on the supplier to provide the same in emergencies as advised by IRCTC.

2.0 VALIDITY

2.1 The rates finalized against the tenders are valid for a period TWO YEAR from the date of awardof contract.

3.0 PERIOD OF CONTRACT

3.1 Period for supply of item shall be TWO YEAR from the date of award of contract.

4.0 SYSTEM OF PAYMENT

4.1 Payment will be made at the accepted rates.

4.2 After the supplies are approved and taken over by the IRCTC, VAT Invoice in quadruplicatelegibly typed and duly signed for the supply actually accepted by the IRCTC should besubmitted latest by the 5th of the following month at the rates and in accordance with the terms& conditions stipulated above to the concerned units in-charge. Every bill deposited for paymentmust enclose the original receipted delivery challans duly signed by an IRCTC official.

4.3 The payment will be arranged after necessary check by the Regional Director/of concerned Zoneof IRCTC, by way of cheque only. Payment of bills will be made as soon as possible after the


same has been duly checked and passed for payment. No advance payment will be allowedunder any circumstances.

4.4 In case of non-compliance of the orders within reasonable time, the supply will be procured fromthe local market at the prevalent rates and in case of over payment etc., the recovery of suchamount will be made from Party’s subsequent bills.

5.0 FINANCIAL BIDDING

5.1 The offers should be submitted sealed in the enclosed financial bid (Annexure – IV).Columns such as Name of Item, Unit, and Rate etc. should be clearly written in Capital &Bold letters. The bid should be excluding the applicable VAT as mentioned in Rates clauseno. 5.6.

5.2 No employee of the IRCTC or an member of his/her family may submit tenders. Family meanshusband, wife or children.

5.3 The IRCTC Administration reserves the right before or after awarding of the contract at any timeto satisfy itself in regard to the process of Party, the quality and the value of ingredients used thehygienic condition. The issue of a manufacturing or any other license by the local or other healthauthorities or any other authority as per the extant law shall be no bar to the IRCTCAdministration satisfying itself in regard to the item.

5.4 Samples of contract items can be picked at random by IRCTC from the stock of Party at anystage before the award of contract and during the currency of contract. The Party have to bearthe expenses incurred by IRCTC / Railway Administration for testing of their samples from arecognised lab or institution.

5.5 IRCTC officials or any committee on behalf of IRCTC may visit the premises of the Party beforeor at any time during the currency of contract in case of award of contract.

6.0 GENERAL.

6.1 The Party should provide good quality product in hygienic and presentable conditions. The usablearea must be cleaned and no foreign particles / dust should be found.

6.2 The Material must be Fresh & Good Quality.

6.3 Payment will be made on actual quantity of material received in usable condition at the deliverypoints.

6.4 The Party has to certify that the product is not made of harsh chemicals.

6.5 Certificates/ permissions – The Party will obtain necessary certificates/permissions as required bylaw such as Licenses, test reports etc. The materials used for preparation of the product is fit forstoring of food products in liquid form or as required as per the local regulations fromthe competent authorities. In case of any offense on the item sold, Party will be solely responsiblefor its penalty and consequences.

6.6 The material to be supplied should be in good packing condition. The packing should be such thatthe original shape and size is not affected during transit.

7.0 SPECIAL CLAUSE.

7.1 “The purchaser reserves the option to give a purchase / price preference to the offers from publicsector units and / or from Small Scale Industries units, over those from other firms, in accordancewith the policies of the Govt. of India from time to time”.

7.2 IRCTC reserves the right to modify / discontinue the contract by giving minimum notice period of15 days.


Specifications & Special ConditionsThe supply of Dinner should confirm to the specifications mentioned here under or as prescribed by IRCTC fromtime to time. Menu for five cyclic set is given to be supplied accordingly.

Cyclic Menu for 2nd/3rd ACSN

Name of the Items Qty WeightDays ofService

1Soup with Soup Stick-2 (Packed and Branded & Butter Chiplet)

Crème of Tomato Soup/Veg Sweet Corn Soup1

150ml Soup with20gms Soup stick and

8-10 gms ButterChiplet(Amul

Britannia, Nestle)

IGP-Mon &Fri at 19.20hrs

LTT- Mon &Fri at17.25hrs.

2Basmati Rice

Peas Rice/ Plain rice/ Jeera Rice/ Dhania Jeera Rice, Lemon Rice1 100gms

3Paratha/Plain Roti

2 Paratha/4 Roti/ 4 Rumali Roti or 2 Laccha Paratha/ 4 Plain Roti/ 4 Rumali1 100gms

4Dal

Arhar Dal or Kabuli Chana/ Panchranga Dal or Rajma/Makhani Dal or Rajma/ DalMaharani or Kabuli Chana/Sambhar

1 150gms

5

Veg DishKadhai Paneer 150gms with Paneer 70 gms/ Matar Paneer with Paneer 70 gms/

Paneer Cutlet 100 gms / Shahi Paneer with Paneer 70 gms/ Paneer Do Pyaza withPaneer 70 gms

OrNon Veg Dish

Chicken Butter Masala 150 gms with Chicken 80-100gms/ Chicken Curry 150 gmswith 80-100 gms Chicken/Murg Mughlai 150 gms with chicken 80-100 gms/

Chicken Do Pyaza- 150 gms with Chicken 80-100 gms/ Murgh Jalfrezi 150 gmswith chicken 80-100 gms.

(Neck and Wing portion should not be served).

1 150 gms

6Branded Curd

Mother dairy, Amul, Nestle, Verka, Vita, Vijaya.1 100gms

7 Pickle sachetsBrands-Mothers, HLL Kissan, Tops, Mother Dairy

1 15 gms

8

Dessert CourseVanilla Ice Cream (90ml)/ Pista Kulfi (60 ml)/Gulab Jamun 2 Pcs.(50 gms Each)Or Branded Kheer (100 gms)/Butter Scotch Ice Cream (90 Ml)/Kesar Kulfi (60

ml)(Kwality Walls, Mother Dairy,Amul, Vadilal.

1

9 Salt& Pepper sachet 1 Salt 1gmPepper ½ gm.10

Paper Napkin/ Soft Tissue 1

Staff MealsSN Name of Item Weight Days of Service1 Plain Rice 150 gms

IGP-Mon & Fri at 19.20 hrs.LTT- Mon & Fri at 17.25hrs.

2 Mix Vegetables 150 gms3 Dal 150 gms

4 Puri (5)/Chapati (4)/Paratha (2) 150 gmsSchedule is subject to change at the sole discretion of IRCTC. IRCTC decision in this regard will be final &binding.The composition and periodicity of the various items specified in the menu may vary due to operationalcondition.Any other brands if approved by this office shall be intimated subsequently.


ANNEXURE - III

ToRegional Director,Indian Railway Catering and Tourism Corporation Ltd.2nd floor, New Admn. Bldg., D. N. Road,Chhatrapati Shivaji Terminus,Mumbai – 400 001.

TENDER NO.: IRCTC/WZ/Duronto/12293/April-2014 dt. 28/04/2014

Subject: Submission of Tender for Supply of Dinner in Train No 12293 LTT-ALD Duronto Express Ex –LTT/IGP Station.

Dear Sir,

a) I / We _________________have read the general guidelines and tender document attached hereto containing the Terms and Conditions and agree to abide by such conditions. I / We offer for thesubjected supply in the attached schedules and hereby bind myself / ourselves to complete all theformalities from time to time as required after the award of Contract.

b) I / We hereby understand that the submission of tenders / bids does not guarantee allotment ofContract. I / We further understand that in case of any information submitted by me / us beingfound to be incorrect, IRCTC will have the right to summarily reject the tender, cancel theContract or revoke the same at any time without assigning any reason whatsoever.

c) I / We further agree to execute an agreement to abide by the standard and special conditions ofContract for the subjected supply. In case of acceptance of tender by the IRCTC, I / We bindmyself / ourselves to execute the Contract agreement awarded to me / us and to commence thesupply/services as per the conditions of the Contract failing which, I / We shall have no objectionto the forfeiture of full Security Deposit, deposited by us with IRCTC in addition to other penaltiesspecified under the terms of Contract.

d) IRCTC and its representatives are hereby authorized to conduct any inquiries or investigations orseek clarifications or verify any statements, documents and information submitted in connectionwith this tender.

e) On account of non-acceptance of award or on account of not fulfilling tender conditions within theprescribed time, I/We shall be debarred by IRCTC for further participation in the future tenders ofIRCTC. In addition IRCTC can forfeit my/our Standing Earnest Money Deposit (SEMD).

f) It is certified that rate(s) of the product(s) mentioned in the Financial Bid is not higher comparedto as it is in the market. In case of any discrepancy noticed on this account, IRCTC can takeactions as may be deemed fit by IRCTC.


I / We do hereby confirm that I / We have the necessary authority and approval to submit this tenderdocument for the subjected supply to the Departmental Catering Units of IRCTC Ltd. The followingpersons may be contacted for any information or clarifications relating to this Contract:

Name:

Address:

Telephone, fax number:

A notice or letter of communication addressed to me / us at the given address given in the tender, evenby ordinary post will be deemed to be valid and proper notice of intimation to me/us.

Authorized signatoryName. Designation and seal

Address:

Date:

Place:

With Kind regardsFor _____________________ (name of the company / organization)

Signature of the Authorized signatory and Company / organization seal(Name of the authorized signatory)Address:


ANNEXURE – IVPACKET B - FINANCIAL BID

ToRegional Director,Indian Railway Catering and Tourism Corporation Ltd.2nd floor, New Admn. Bldg., D. N. Road,Chhatrapati Shivaji Terminus, Mumbai – 400 001.

TENDER NO.: IRCTC/WZ/Duronto/12293/April-2014 dt. 28/04/2014.Subject: Submission of Tender for Supply of Dinner in Train no 12293 LTT-ALD Duronto ex-LTT/IGP.a) I/We accept the terms and conditions mentioned in the Tender Document which have been

clearly understood by us.b) I/We have duly signed on each page of the Tender Document.c) I/We further certify that we are ready to start the supply of captioned item(s) within the timeframe

given by the Departmental Catering Units of IRCTC Ltd., from time to time. and as per thestandard and special conditions prescribed by the IRCTC in the Tender Document and in theagreement to be executed between the parties.

d) I/We understand that IRCTC reserve the right to reject, accept or consider any offer withoutassigning any reason whatsoever.

e) I /We understand and accept the downward bidding from the Reserve Price/ Cap System and notto bid above the Reserve price.

I further declare that the information furnished by us in this document is true and correct.Our financial bid is as under: - (Attach separate sheet on firm/company’s letter head in case items aremore)Reserve Price/Cap for 2 & 3 AC is Rs. 67.20/- for supply of Dinner (Excluding VAT).

2nd & 3rd AC

Staff MealsSN Name of Item Net Supply Rate, excluding applicable

VAT (In figures and in words)1 Plain Rice

2 Mix Vegetables3 Dal

4 Puri (5)/Chapati (4)/Paratha (2)

Note: In case of discrepancy in the amount quoted in figure and words, the amount written in words willbe taken into consideration.

Signature of the authorized signatorySEAL Name & Designation:

Name of the Firm/Company:Date:

SNName of the Items

(As per specifications mentioned)Net Supply Rate, excluding applicable

VAT (In figures and in words)1. Soup with Soup Stick Vegetarian Non Vegetarian2. Basmati Rice3. Paratha or Plain Roti4. Dal5. Vegetarian Dish or Non Vegetarian Dish6. Branded Curd7. Pickle Sachet8. Dessert Course9. Salt& Pepper Sachet10 Paper Napkin/Soft Tissue