Award of License for Provision of Sale of Milk and Milk Product at Milk Stall No. MS- 56 on PF. No.2&3 opposite to SM Office at Bidadi (BID) Railway Station for a period of five years.

Annexure 5 - Statement of Turnover of Bidder from sale of Milk and Milk products for the preceding three (3) financial years (2022-23, 2023-24 & 2024-25) (Statement duly certified by a Chartered Accountant to be uploaded here.)

Experience in the business of milk and milk products(mandatory). Minimum of three years of experience in sale of milk and milk products to be supported by turnover (Income tax return/bank statement) in that business for the last three Financial years (2022-23, 2023-24 & 2024-25) duly certified by chartered Accountant. The bidders shall submit a copy of Articles of Association, Partnership deed where catering/ hospitality/food and beverage is covered under the main objects clause of the agreement. Regarding previous experience in sale of milk and milk products, supporting documents (like letter of experience, allotment, certificates from the concerned agencies as the case may be ) are to be enclosed.

The Bidder shall upload an affidavit that the bidder is solvent as per Annexure-4 of Tender Document (on non-judicial stamp paper of Rs.100 duly attested by Notary).

Legal Status of the Bidder (Mandatory).The Bidder should be either: a. Apex dairy Co-operative Societies approved by Government, b. Dairy Co- operative Federation/Members of National Co-operative Dairy Federation of India Limited (NCDFI) and/or developed under the aegis of Operation Flood programme. c. Bodies/Agencies registered/certified by FSSAI for sale of milk and milk products.

In case of Firm, registered under the Partnership Act.1932, please upload details of partners along with certificate of registration, details of their business and partnership deed etc. duly attested by Notary.

Power of attorney for Signing of Bid (Applicable to all bidders except Individual Bidder; to be executed on Non-Judicial Stamp Paper value Rs.100/-) as per Annexure-6 to be uploaded along with other requisite credentials/documents.

Bengaluru Division, South Western Railway, (herein after mentioned as "Railway") does not make any representation or warranty as to the accuracy, reliability or completeness of the information in this Bid Document. Therefore, each Bidder should conduct their own investigations and analysis and check the accuracy, reliability and completeness of the information in this Bid Document and obtain independent advice from appropriate sources. The Bidder shall bear all its costs associated with the preparation and submission of its Bid including expenses associated with any clarifications which may be required by 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.

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 under any law for the time being in force otherwise for any loss, expense or damage which may arise from or be incurred or suffered in connection with anything contained in this Bid Document, any matter deemed to form part of this Bid Document, the award of the License, the information and any other information supplied by or on behalf of Railway or otherwise arising in any way from the Bidding process of the License.

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 Bid 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.

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

The Tender document (in full) downloaded along with the various Annexures required to be uploaded as per the tender conditions.

If any change/addition/deletion is made by the tenderer/contractor in the tender document/contract agreement and the same is detected at any stage even after the award of the tender, full earnest money deposit will be forfeited and the contract will be terminated and the contractor will be debarred by Railway for further participation in all Catering contracts over Indian Railways including IRCTC for a period of five (5) years.

In case, any discrepancy between the tender document downloaded from the internet and the Master copy, the latter shall prevail and will be binding on the tenderer(s). No claim on this account will be entertained.

The Licensee is expected to adopt, inter-alia, the trade practices, as indicated in Special Conditions of Contract II.

In consideration of award of this License, the Bidder shall offer to pay a license fee, for tenure License for the Milk Stall. However, the indicative license fee is provided.

The Bidder once selected shall become "Licensee" and shall be liable to pay License Fee as per terms and conditions determined by the Railway.

Explanation of Scope of Work:

The major components of scope are indicated below:

The Licensee shall be provided with a Milk Stall at allocated number and at station as mentioned in Tender title.

The Licensee shall be responsible for providing catering services of items as authorized by Railways from the Milk Stall at station as mentioned in tender title.

Licensees shall set up Modular Stalls to maintain uniformity in design and colour scheme as authorized and approved by Railways. The Licensee shall be responsible to display the "Rail Ahaar" logo prominently at all places including the packaging material of food, uniform of waiters and other staff etc. The Licensee will abide by the instructions of Railway in this regard from time to time.

In case licensee is permitted for sale of packaged drinking water then, it is mandatory for the licensee to sell Rail Neer(Packaged Drinking Water - 1000 ml) chilled or in such quantities & rates prescribed by Railway from time to time. The licensee will be responsible for storing, cooling and distributing 'Rail Neer' to the passengers. In case of non-availability/inadequate supply of Rail Neer by Railway, the Licensee shall be permitted to sell only packaged drinking water of brands as approved by Railways.

Apart from the services across the counter, the licensee will be permitted for Platform Vending also. The licensee should apply and obtain prior permission for platform vending. Total number of platform vendors on platform at any given point of time and additional License fee (p.a) to be charged will be dealt as per the policy that will be governed by the instructions prevailing and that may be issued by the Railway from time to time.

Licensee shall be responsible for availability/provision of adequate number of garbage bins at appropriate places. Licensee shall also ensure to place biodegradable bags in garbage bins for easy disposal and proper handling. These should be cleaned outside the production area. Licensee shall avoid use of metallic dustbins, which become rusted over a period of time. Segregation of waste should be done as bio- degradable and bio nondegradable. Licensee shall be responsible for disposing the garbage suitably as per the instructions framed by Railway/Division. All garbage bins must be labelled, cleaned and sanitized regularly. All instructions in regard to disposal of garbage issued from time to time by Health, Mechanical and Commercial Directorate are to be adhered to by licensee.

The Licensee shall be responsible for ensuring the quality and quantity, maintaining proper hygiene and cleanliness while handling raw materials, preparation, packaging, supply, service, etc. of food in accordance with the parameters specified in Special Conditions of Contract.

The Licensee shall further be responsible to make adequate arrangements in terms of all equipment and manpower, at its own cost, as per policy directives.

The Licensee shall depute staff who will be required to manage the catering operations and serve milk and milk products to the passengers. The number of staff deputed shall not be more than the number prescribed by the Railway administration. The Licensee shall ensure that the staff deputed on the unit should maintain good conduct, etiquette, personal hygiene, politeness and courtesy, issue computerized bills to passengers etc. The licensee shall also ensure computerized billing for all the items sold in the unit and the licensee shall provide the facility for cashless transaction viz POS/Swipe machine, BHIM, Mobile Wallets, Bharat QR code, any new schemes/tools/instruments introduced by Government of India or Ministry of Railways for promoting cashless transaction etc. compulsorily available in the unit. Further, the Licensee shall ensure that the catering staff should be well groomed, wear proper uniforms, badges displaying their names, carry photo identity cards, display at all times. The Railway reserves the right to prescribe a standard uniform for all staff working for milk stalls on a station. The cost of all the above has to be borne by the licensee.

In consideration of the award of the License to the Licensee, the Licensee shall be liable to pay Annual Licence Fee. The Licence fee will be fixed for the first three years and in the fourth year it will be enhanced by 10%. License fee for the fourth and fifth year will remain same. There will be no other increase in the license fee during the tenure of contract (including in case of revision in menu and tariff), other than the increase of 10% in the fourth year and an additional license fee on Platform Vending per annum if opted for.

The Annual License Fee shall be paid every year. For the first year, Licensee shall pay the annual license fee within 15 days on receipt of LOA, and for subsequent years, it shall be paid at least fifteen (15) days before the completion of each preceding year of license. Any payment payable by the Licensee to Railway shall be paid online through MeRS (Miscellaneous E-Receipts System) portal, unless specifically stated otherwise by Railway Administration. Successful licensee has to register themselves in the MeRS (Miscellaneous E-Receipts System) portal for payment of license fee, security deposit and any other payments (if any) advised by Railway Administration.

The licensee shall ensure availability of hand held fire extinguishers with the staff having knowledge of operation of the equipment.

The Ceiling Limit for Milk Stalls (as per clause no.13.3 of catering policy 2017), applicable for all bidders will be as follows:

For milk stalls, authorized franchisee/agencies of allottees) apex dairy/cooperative societies approved by Government, dairy cooperative federation/members of NCDFI and/ or developed under the aegis of Operation Flood Programme, bodies/agencies registered/certified by FSSAI) will be allowed to hold a maximum of five milk stalls per Division.

The bidders should submit an undertaking on non-judicial stamp paper (Annexure - 3).

The licensee shall be permitted to sell only Milk and Milk products.

The licensee shall get conducted third party audit periodically by an independent agency authorized/prescribed by Railways every six months along with regular in-house audit.

Tenure of License

The tenure of this License shall be for a period of five (5) years only from the date of commencement of the License and there will be no extension/renewal. The License agreement shall be as per the Master License Agreement Format uploaded in the Documents of this tender.

INSTRUCTIONS TO BIDDERS

Railway is desirous of receiving Bids for the award of License to the highest eligible bidder, who satisfy the evaluation criteria of Railway as per the Bid document and catering Policy 2017. Each Bidder is eligible to submit only one Bid for the award of License.

The Bid should be uploaded in the formats at Annexures with the documents specified in the Bidding Document.

The Bidder should upload a Power of Attorney as per the format at Annexure 6, authorizing the signatory of the Bid to commit the Bidder.

It is clarified that prior to making a Bid, the Bidder shall make online payment to Railway towards non-refundable sum as notified in the tender document as the Cost of this Document. Failing in submission of tender cost will lead to rejection of offer summarily.

The Bidder shall also make online payment to Railway towards Earnest Money Deposit as notified in the tender document and furnish the details of payment made. Railway shall not be liable to pay any interest on the Earnest Money.

The Earnest Money 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 except in the case of the Selected Bidder whose Earnest Money shall be retained till it has provided a Security Deposit under the License Agreement for the entire license period.

Any condition or qualification or any other stipulation contained in the bid document shall render the Bid liable to rejection as a non-responsive Bid.

Any information contained in the Bid shall not in any way be construed as binding on Railway, but shall be binding against the Bidder, if the License is subsequently awarded to it on the basis of such information.

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.

Railway reserves the right to forfeit the Earnest Money if:

(a) at any time, a material misrepresentation is made by the Bidder or (b) the Bidder does not provide, within the time specified by the Railway, the supplementary information sought by Railway for evaluation of the Bidding Documents, or (c) any ambiguity, non-clarity and/or apparent mistake of the Bidder, as determined by Railway.

Such misrepresentation/improper response shall lead to the disqualification of the Bidder. If such disqualification/rejection occurs after the bids have been opened and before issue of LOA, the highest bidder gets disqualified/rejected, then Railway reserves the right to:

(a) Invite the short-listed bidders to match the highest bidder/submit his/her bid in accordance with clauses in Bid document. (b) take any such measure as may be deemed fit in the sole discretion of Railway, including annulment of the Bidding Process.

Any queries or request for additional information concerning this Document shall be submitted in writing or by fax or e-mail to Sr.Divisional Commercial manager, O/o The Divisional Railway Manager, South Western Railway, Divisional Office, Commercial Branch, Bengaluru - 560023. Fax No. 080- 22203269, Email- [email protected]

Any corrigendum/Addendum issued to bid notice; the corrigendum/Addendum page must also be signed and uploaded along with the bid document failing which the bid will be liable for rejection.

The bidder is fully responsible for all the information/details furnished in the bid document uploaded by him/her. Railway reserves the right of rejecting the bid without assigning any reason if it is found that the bidder has given wrong information/details in the bid document at any time either before or during the finalization of the bid. If Railway finds that the bidder has obtained the license by giving wrong information/details in the bid document, Railway has the right to annul the license and terminate the license agreement treating the same as material breach of contract.

Government employee or Railway servant or any other member of his/her family (as defined in rule No.103 Para 17 of the Indian Railway Establishment Code - Vol. I), either in their individual capacity or as a partner/director/agent/franchisee of a firm/company, are not eligible to apply.

As and when the station is redeveloped under the new Station Redevelopment policy, the license will be novated to the Station Developer for the remaining period on the same terms and conditions.

Brief description of the Bidding Process

Railway has adopted a system of inviting online (E-Tender) bid on Single Packet System, (the "Bidding Process") from apex dairy co-operative societies approved by Government, Dairy cooperative Federation/Members of NCDFI, Bodies / Agencies registered / certified by FSSAI for sale of milk and milk products for "Provision of Catering Services on milk and milk stall unit at allocated stall numbers at station mentioned in notice inviting tender" for selection of the licensee for the award of license.

Bidders would be required to furnish/upload all the information specified in this Document including information sought.

The Bidders shall be responsible for all of the costs associated with the preparation of their Bids and their participation in the 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.

Prior to making the Bid, Bidders must examine all tasks in relation to rendering of desired services under the License and to carry out, at their cost, such studies/analysis, as may be required for uploading their respective Bids for award of the License.

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 annul the Binding process and reject all Bids, at any time during the Bidding Process, without thereby incurring any liability to the affected Bidder(s) or any obligation to inform the affected Bidder(s) of the grounds for Railway's action.

Bids uploaded with alterations, overwriting, non-compliance of formats or incomplete in any respect shall be rejected.

If the highest bidder (H1) withdraws or fails to take up or to start the contract, he/she will be debarred by Railway for further participation in all Catering contracts over Indian Railways including IRCTC for a period of five (5) years.

Submission of Bids: The Bidder shall upload the Bid in the format specified in Annexures, together with the documents specified

NUMBER OF BIDS

In response to this Bid, each Bidder, can upload only one (1) Bid. If a Bidder, either bidding as an individual or partnership or a company, is found to participate in more than one Bid, all such Bids where the Bidder has bid shall be disqualified and the Earnest Money shall be forfeited by the Railway. Further, a Bidder and any other Bidder shall not have common controlling shareholders failing which the bids of all such bidders shall be disqualified and Railway shall forfeit and appropriate the Earnest Money of all such Bids.

PROPOSAL VALIDITY

The Bid including the Earnest Money shall remain valid for acceptance by Railway for a period of 180 days from the date of closing of tender. In case of any need, Railway may request the Bidders to extend the period of validity of their bids on the same terms and conditions.

BID OPENING: Interested bidders may view bid opening through website www.ireps.gov.in after bid submission. Bid shall be opened at date and time as specified in bid notice. Bidders who successfully pass the evaluation as per clauses in Bid documents shall be notified in due course about the opening of the price bid.

Award of Bid shall be governed by Bidding process explained in this Bid Document.

Fraud and Corrupt Practices:

The Bidders and their respective officers, employees, agents and advisers shall observe the highest standard of ethics during the Bidding Process and subsequent to the issue of the LOA and during the subsistence of the License Agreement. Notwithstanding anything to the contrary contained herein, or in the LOA or the License Agreement, Railway may reject a Bid without being liable in any manner whatsoever to the Bidder or the Licensee if it determines that the Bidder or the Licensee, as the case may be, has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in the Bidding Process. In such an event, Railway shall:

(a) Forfeit and appropriate the Bid Security or Performance Security, as determined by Railway, without prejudice to any other right or remedy that may be available to Railway hereunder or otherwise.

(b) Shall debar the Bidder or Licensee to participate in any Bid, etc. issued by the Zonal Railways/IRCTC during a period of Five years from the date of occurrence of such event.

For the purposes of this Clause, the following terms shall have the meaning herein after respectively assigned to them:

"Corrupt practice" means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the actions of any person connected with the Bidding Process (for avoidance of doubt, offering of employment to, or employing, or engaging in any manner whatsoever, directly or indirectly, any official of Railway who is or has been associated in any manner, directly or indirectly, with the Bidding Process or the LOA or has dealt with matters concerning the License Agreement or arising thereof, before or after the execution thereof, at any time prior to the expiry of one year from the date such official resigns or retires from or otherwise ceases to be in the service of Railway, shall be deemed to constitute influencing the actions of a person connected with the Bidding Process); or (ii) engaging in any manner whatsoever, whether during the Bidding Process or after the issue of the LOA or after the execution of the License Agreement, as the case may be, any person in respect of any matter relating to the award of License or the LOA or the License Agreement, who at any time has been or is a legal, financial or technical adviser of Railway in relation to any matter concerning the award of License;

"Fraudulent practice" means a misrepresentation or omission of facts or suppression of facts or disclosure of incomplete facts, submission of forged/fake documents;

"Coercive practice" means impairing or harming or threatening to impair or harm, directly or indirectly, any person or property to influence any person's participation or action in the Bidding Process;

"undesirable practice" means (i) establishing contact with any person connected with or employed or engaged by Railway with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the Bidding Process; or (ii) having a Conflict of Interest; and

"Restrictive practice" means forming a cartel or arriving at any understanding or arrangement among Bidders with the objective of restricting or manipulating a full and fair competition in the Bidding Process.

MISCELLANEOUS:

Railway in its sole discretion and without incurring any obligation or liability, reserves the right, at any time, to; (a)Suspend and/or cancel t h e Bidding Process and / or amend and / or supplement the Bidding Process or modify the dates or other terms and conditions relating thereto; (b)Consult with any Bidder in order to receive clarification or further information; ( c) Retain any information and/or evidence submitted to Railway by, on behalf of, and/or in relation to any Bidder; and/or (d) Independently verify, disqualify, reject and/or accept any and all submissions or other information and/or evidence submitted by or on behalf of any Bidder.

It shall be deemed that by uploading the Bid, the Bidder agrees and releases Railway, its employees, agents and advisers, irrevocably, unconditionally, fully and finally from any and all liability for claims, losses, damages, costs, expenses or liabilities in any way related to or arising from the exercise of any rights and/or performance of any obligations hereunder and the Bidding Documents, pursuant hereto, and/ or in connection with the Bidding Process, to the fullest extent permitted by applicable law, and waives any and all rights and/or claims it may have in this respect, whether actual or contingent, whether present or in future. The Disclaimer as set forth at the outset of this document and the License Agreement as stated in this Document shall be deemed to be the part of this Document.

The Selected Bidder shall have to execute the License Agreement in the manner and format as indicated by Railway in this Document and no material changes shall be permitted for submission by the Selected Bidder.

Licensee shall supply items to Railways as and when required at approved rates like accidents/unusual incidents.

EVALUATION CRITERIA

Railway shall open the Bids on the Bid due date and time as specified in the Bid notice. However, bid for which a notice of withdrawal has been notified, shall not be opened.

Railway will subsequently examine and evaluate the bid along with requisite documents in accordance with evaluation parameters indicated here under:

To facilitate the examination of Bids, Railway may, at its sole discretion, seek clarifications in writing from any Bidder regarding its Bid.

Test of Eligibility: Each bid shall be consider eligible only if: (a) It is received as per formats at Annexures. (b) It is received by bid due date including any extension thereof. (c) it is signed/digitally signed and uploaded as stipulated. (d) it is accompanied by the Power of Attorney as specified in Annexure - 6, as the case may be; (e) it contains all the information and documents (complete in all respects) as requested in this Bid Document and/or Bid Documents (in the formats same as those specified); (f) It does not contain any condition or qualification:

No request for alteration, modification, substitution or withdrawal shall be entertained by Railway in respect of such Bid.

Contacts during Bid Evaluation

Bids shall be deemed to be under consideration immediately after they are opened and until such time Railway makes official intimation of award/rejection to the Bidders. While the Bids are under consideration, Bidder and/ or their representatives or other interested parties are advised to refrain from contacting by any means, Railway and/ or their employees/ representatives on matters related to the Bids under consideration. However, when Railway calls for any information /clarification, it should be supplied by the Bidder expeditiously failing which his/her tender application shall be summarily rejected.

Selection Process:

Among the eligible bidders, the bidder offering the highest license fee will be selected. If more than one eligible bidder has quoted the same highest license fee, they will be advised of the fact of tie by the Railway and will be advised to submit another price bid with the marking "New Price Bid" in the same proforma on a specified date. The new price bid will be opened on the same day at the specified time in front of the bidders or their representatives who submitted the new price bid. The bidder offering the highest license fee in the new price bid will be selected

After selection, a Letter of Award (the"LOA") shall be issued by Railway to the Selected Bidder and the Selected Bidder shall, within Seven (7) days of the receipt of the LOA, sign and return the duplicate copy of the LOA in acknowledgement thereof. In the event the duplicate copy of the LOA duly signed by the Selected Bidder is not received by the stipulated date, Railway may, unless it consents to extension of time for submission thereof, forfeit the Earnest Money of such Selected Bidder. Thereafter there shall be retendering. It is clarified that in case the Selected Bidder refuses to accept the LOA, his earnest money will be forfeited and it will be debarred from participating in the Bidding process for all catering contracts over Indian Railways including IRCTC for a period of five (5) years. This is without prejudice to the rights of Railway administration under the law of contract.

After acknowledgement of the LOA as aforesaid by the Selected Bidder, it shall execute the License Agreement, as per Master License Agreement at Annexure, with Railway within the period of 15 days of the receipt of the LOA. The Selected Bidder shall not be entitled to seek any deviation in the License Agreement.

The Licensee (Selected Bidder) shall be required to submit a Security Deposit as per Article 5 of the Master License Agreement at Annexure.

Railway will provide space of 60 sqft (10' X 6') for erecting the stall, except specifically stated otherwise. The licensee (Selected Bidder) shall be required to fabricate the modular stall as per the specifications of design and material, authorized and approved by Railway and commence business within 30 days of receipt of communication informing provision of space from Railway. The Commencement date of license will be the date of commencement of sales after erection of stall or 30 days from the date of receipt of communication informing provision of space from Railway, whichever is earlier.

If the highest bidder (H1) withdraws or fails to take up or to start the contract, his/her earnest money shall be forfeited and he/she shall also be debarred by Railway for further participation in all catering contracts/licenses over Indian Railways including IRCTC for a period of five (5) years.

Special conditions of Contract-I (Menu and Tariff) and Special condition of Contract-II (Hygiene and Quality Parameters for Static Catering Stalls on Platforms) should be signed/digitally signed and attached/uploaded with the tender document which is available in Annexure along with the Master License Agreement in the link under "Documents to be attached with tender".

The documents, contained in the DOCUMENTS portion of this Bid Document, form an integral part of this Document. Tenderers are advised to peruse them in details.

The bidder should upload digitally signed Annexure-1 of the tender document.

The bidder should fill up the details and upload Annexure-2 of the tender document.

The bidder should upload Affidavit (on non-judicial stamp paper of Rs.100) as per Annexure-3 of tender document duly attested by Notary.

PF registration of the bidders if applicable as per Government of India EPF Act, amended from time to time. (Please upload attested photocopy of certificate issued by Provident Fund Commissioner.)

FSSAI Certificate Number of the Bidder (please upload the attested photo copy of FSSAI registration certificate issued by relevant authority).

PAN Number of the Bidder (please upload the attested photocopy of PAN card issued by Income Tax Department).

GSTIN Number of the Bidder (Please upload the attested photocopy of GSTIN Registration Certificate issued by relevant authorities).

Self attested copy of Aadhaar of the authorized signatory to be uploaded.

Format of Annexure-7 to be uploaded here.

Master License Agreement to be uploaded.