Awarding of Major unit - Non-Vegetarian Refreshment Room at Platform no. 01 of Hatia Railway Station {as per enclosed sketch} for a period of 05 Years.

Minimum Annual Turnover :- For Hatia station {A category station} the bidder must have minimum annual turnover of Rupees 50 (fifty) lakhs during each of the preceding five years i.e. Financial years 2020-21, 2021-22, 2022-23, 2023-24 & 2024-25 {Form Tech-1 enclosed}

The bidder should submit audited balance sheet and profit and loss account or Income Tax returns for the last five financial (5) years i.e. financial years 2020-21, 2021-22, 2022-23, 2023-24 & 2024-25.

Financial standing:- For Hatia stations {A category station} the bidder must have profit or loss + accumulated reserves + share capital of minimum Rupees 20 (twenty) lakhs during each of the preceding 5 (five) years i.e. Financial years 2020-21, 2021-22, 2022-23, 2023-24 & 2024- 25 {Form Tech -2 enclosed}.

Annexure- B/1

Legal Status of the Bidder

The Bidder should be either an individual or sole-proprietor firm or a Company incorporated under the Companies Act, 2013 or a Partnership Firm registered under the Partnership Act, 1932. The bidder shall furnish self-attested copy of Government approved Identity Proof, such as AADHAAR CARD.

Experience of Catering Business

The Bidder should have a minimum of five (5) years of catering business experience. For the purpose of consideration under this clause, Catering business shall mean all types of catering as stated in Form Tech-1.

The Bidder shall submit a copy of Articles of Association / Partnership 2.1.1 Deed where catering / hospitality / food and beverage is covered under the Main Objects clause of the agreement.

Additional Mandatory Requirements

PAN Number of the Bidder (Please enclose the self attested photocopy of PAN Card issued by Income Tax Department)

GSTIN Number of the bidder (Please enclose the attested photocopy of GST Registration Certificate issued by relevant authorities)

Aadhaar Card of the authorized signatory

FSSAI license {The bidder is required to submit copy of currently valid FSSAI license}

Commercial Gas Cylinder License of the bidder by IOC / HPCL / BPCL etc. {Please enclose self-attested photocopy of Commercial Gas Cylinder License}

Quality certifications available for restaurants / franchised outlets / canteens or mess operated by the bidder. {Form Tech 3 enclosed}

Annexure- A/1 :- Covering letter comprising the Bid

Annexure- A/2 :- Mandatory Information for Eligibility of the Bid {Details as required in "Annexure-A/2 must be submitted with supporting documents for each of criteria mentioned}

Annexure - A/3 {Affidavit}

Annexure- A/4 Techno-Commercial Experience of the Bidder

Form Tech- 4 :- Details of Base Kitchen

Annexure - A/5 :- Self-Declaration form for Techno-Commercial Experience

Annexure - A/6 :- Power of Attorney for Signing of Bid

Annexure - A/7 :- Performance Bank Guarantee Bond

Annexure-V(A)

SCOPE OF WORK

Main Objectives.

Appointment of a Licensee for the Major Catering Unit - Non- Vegetarian Refreshment Room at Platform no. 1 of Hatia Railway Station ('A' category Station), ensuring provision of hygienic, good quality affordable meals/food to the traveling passengers as per laid down guidelines and policy directives issued by Railway and any other statutory regulations.

The Licensee is expected to adopt inter-alia, the trade practices, as indicated in Para 1.2 of Section C under Special Conditions of Contract - II.

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 Work- The major components of scope are indicated below:-

The Licensee shall be provided with a Major unit - Non- Vegetarian Refreshment Room at Platform no. 1 of Hatia Railway Station.

The Licensee shall be responsible for providing catering services for items as authorized by Railways from the Major unit - Non- Vegetarian Refreshment Room at Hatia Station.

The licensee shall provide services across the counter only. For platform vending, separate permission must be obtained from the Railways, and a separate licence fee will be applicable for the platform vending permission.

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. in accordance with the parameters specified in Section-C Special conditions of contract-II.

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

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

Refreshment Rooms Serve Snacks and a-la-carte, Standard Meals, Standard breakfast, thali meals as authorized by Railways. Refreshment Room may be converted into Jan Aahar by the Railway depending upon the need.

The items including recipe, menu and tariff of the items will be decided by the Railway from time to time.

The major static units would provide service of including provision of Take Away food packaging to the passengers. The take away food should be served in hygienic sealed / covered, attractive bio-degradable packaging.

The licensee shall provide computerized point of sale billing 1.2.10 system with prominent display and each sale transaction must be recorded in this billing system.

These units may also function as mini base kitchen in absence of mega / medium base kitchen with the approval of Railway to supply food to other catering units on transfer rate basis as 1.2.11 fixed by Railway Board from time to time. For example, if the transfer rate of an item is in the ratio 75:25 of the price approved, then the major static unit shall sell items to other catering units at 75% of the approved price.

The other catering units to be supplied food from these units will arrange to pick up the food from the premises of these units where details of sale transaction must be recorded in the computerized billing system.

In case of these units working as mini base kitchen, the transportation of food from the unit to pantry car / other static units will be done through state - of - the - art covered trolleys of stainless steel.

The licensee shall be responsible to display the "Rail Logo" prominently at all places including the packaging material of food, uniform of waiters and other staff etc and shall abide by the instructions of Railway in this regard from time to time

It is mandatory for the licensee to sell Rail neer {Packaged Drinking water-1000 ml} chilled or in such quantities and rates prescribed by Railway from time to time. The licensee will 1.2.15 responsible for storing, cooling & 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.

The licensee is encouraged to provide low cost regional cuisines, take away food items, a-la-carte items, dietary and infant foods, 1.2.16 at tariff approved by Railway subject to authorization from the Railway.

licensee shall be responsible for availability / provision of adequate number of garbage bins at appropriate places. licensee shall also ensure to place bio-degradable bags in garbage bins for easy disposal and proper handling. These should be cleaned outside the production area. Licensee shall 1.2.17 avoid use of metallic dustbins, which become rusted over a period of time. Segregation of waste should be done as bio- degradable and non biodegradable. licensee shall be responsible for disposing the garbage suitably at the designated location outside the station / maintenance area. All garbage bins must be cleaned and sanitized regularly.

The gadgets and equipment provided in the major unit including the kitchen equipment should be conforming to the latest state of art technology. The major unit will have to be ISO 22000 certified in a time bound manner.

The licensee shall depute staff who will be required to manage the catering operations and serve food to the passengers. The licensee shall ensure that the staff deputed on the unit should maintain good conduct, etiquette, personal hygiene, politeness 1.2.19 and courtesy, issue bills to passengers etc. further, the license 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 may grant limited rights to the licensee to commercially advertise on disposable accessories that may be 1.2.20 used by the licensee in rendering catering services. Such grants would be duly authorized by Railway for each product and the duration of which shall be specified by the Railway.

The licensee shall ensure availability of hand held fire 1.2.21 extinguishers with the staff having knowledge of operation of the equipment.

In consideration of award of this License, the licensee shall be liable to pay Annual license fee to Railway for the tenure of the the license, and it shall be more than minimum license fee determined by Railway.

The Annual License Fee shall be paid every year. For the first year, the licensee shall pay the annual license fee within 15 1.2.23 days on receipt of LOA, and for subsequent years, it shall be paid minimum fifteen (15) days before the completion each preceding year of License.

Tenure of License

The Tenure of the License shall be for a period of 5 (Five) years only from the date of commencement of the License. The license agreement shall be as per Railway Board letter no. 2010/TG-III/600/12/SBD/Pt. 3 dtd. 05/09.09.2012 .

INSTRUCTIONS TO BIDDERS PARTICIPATING IN E-TENDER

Tender must be submitted online on IREPS Portal on the date specified in NIT and will be opened at 15:30 hrs. on the date specified on NIT or thereafter.

The e-tender documents are available on IREPS Portal, www.ireps.gov.in and the same can be downloaded / viewed for submission of offer. The cost of tender document as indicated in the tender document will have to be deposited by the tenderer online on IREPS Portal, www.ireps.gov.in. Tenders not accompanied with the same towards the cost of the tender document will be summarily rejected.

The bid must be accompanied by Earnest Money which shall be paid online through IREPS Portal and acknowledgement slip of payment must be uploaded along with offer / bid. Tender unaccompanied with requisite earnest money shall under no circumstances be entertained and shall be summarily rejected.

Each page of tender document should be digitally signed by the tenderer.

After award of work an agreement will be prepared based on the master copy of tender document provided by Railway Board vide letter no. 2010/TG-III/600/12/SBD/Pt. 3 dtd. 05/09.09.2012 .

If any change/addition/deletion is made by the Tenderer/Contractor in 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. The tenderer/contractor will be banned from doing business with Railways and/or prosecuted.

The tendering process is carried out through electronic mode (e- tender), all tenderers are to submit the bids online with valid DSC obtained in the name of individual or firm/company etc., payments related to this tender process to be made online only through the payment gateway available at https://www.ireps.gov.in. All supporting documents in 'pdf' format and in A4 size are to be uploaded in the website as mentioned above. The terms and conditions related to eligibility criteria, financial standing, supporting documents and mandatory documents are contained in BID Documents.

General Conditions

The intending tenderer(s) must be registered on e-tendering portal https://www.ireps.gov.in. Those who are not registered on the e-tendering portal shall be required to get registered beforehand. After registration, the tenderer will get user ID and password. On login, tenderer can participate in tendering process and can witness various activities of the process.

The authorized signatory of intending tenderer, as per Power of Attorney (POA), must have valid class- III digital signature with Company name issued by any Certifying authority (CA) authorized by Controller of Certifying authorities i.e. CCA India. The list of Certifying Authorities from whom such Digital signing certificate can be obtained is available on the website of Controller of Certifying Authorities (www.cca.gov.in). However, the tenderer shall upload their tender on https://www.ireps.gov in using class- III digital signature of the authorized signatory only. The tender document can only be downloaded from e- tendering portal using class-III digital signature.

Tender submissions shall be done online on https://www.ireps.gov.in after uploading the mandatory scanned documents in A4 size paper and other documents as stated in the tender document using valid Digital Signature Certificates. Instructions for on-line bid submission are furnished hereinafter.

"Earnest Money Deposit" and "Cost of Tender Document" shall be submitted through online net banking, Credit Card, Debit Card or payment gateway available at portal only, against Tender Reference ................................................................................ dated ....................................... schedule mentioned in NIT. No tenderer shall submit "Earnest Money Deposit" and "Cost of Tender Document" manually like Demand Draft, Banker Cheque, Deposit Receipts etc. or through postal to this office.

The tender inviting authority may, at his discretion, extend the deadline for submission of tenders by issuing an amendment/corrigendum, in which case all rights and obligations of the tender inviting authority and the Tenderer previously subject to the original deadline will thereafter be subject to the deadline as extended Care should be taken while feeding the financial quote online to avoid abnormalities.

All documents which are to be submitted as scanned documents shall be typed or written in indelible ink (in the case of copies, legible photocopies are also acceptable, and all the pages shall be signed by a person or persons duly authorized to sign on behalf of the Tenderer before scanning and uploading in PDF format A4 size papers).

The onus of establishing the credentials of the Tender(s) and document submitted lie with the Tenderer. However, Railway Administration reserves the right to verify the contents of documents uploaded, affidavit from the department concerned either before the award of, or during the currency of the contract. Furnishing of false document, affidavit would automatically lead to termination/Cancellation of the tender/contract including forfeiture of security deposit and initiation of legal proceedings against the Tenderer/Contractor.

Tenderers are advised to keep in touch with e-tendering portal https://www.ireps.gov.in for updates/Corrigendum.

Assistance to Bidders - Any queries relating to the tender document and the terms and conditions contained therein should be addressed to the Tender Inviting Authority for a 1.7.10 tender or the relevant contact person indicated in the tender. For any queries relating to the process of online bid submission or queries relating to tender, contact helpdesk of IREPS portal.

Tenderer shall upload all the bid documents duly filled/signed with certificates in support of credentials along with their Tender as per the eligibility criteria & Terms and Conditions of tender using DSC.

Disclaimer

South Eastern Railway, Ranchi Division (hereinafter 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 this 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 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 selection process of the Licensee.

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 reason 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.

Each Bid document must be accompanied with digitally signed photo copies of documents

Evaluation Criteria

Opening and Evaluation of Bids

Railway shall open the Bids as per time and date mentioned in NIT header.

Railway will subsequently examine and evaluate the Bid along with requisite documents in accordance with evaluation parameters comprising of Techno Commercial as well as financial yardsticks indicated under eligibility condition.

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

Test of responsiveness :- Prior to evaluation of Bids, Railway shall determine whether each Bid is responsive to the requirements of the Document. A Bid shall be considered responsive only if

It is received as per formats.

It is received by the Bid due Date including any extension thereof.

It is signed & marked as stipulated in General Instructions.

It is accompanied by the power of attorney as specified Annexure-A/6 in Eligibility condition as the case may be

It contains all the information and documents (complete in all respects) as requested in this Document and/or Bidding Document(in the formats same as those specified);

It contains an receipt for payment towards the cost of this Document as notified in the tender document to Railway;

It is accompanied by the receipt of Earnest Money as notified in the tender document.

It does not contain any condition or qualification

Railway reserves the right to reject any Bid which is non - responsive and no request for alteration, modification, substitution or withdrawal shall be entertained by Railway in respect of such Bid.

Evaluation

Such bids which clear the 'test of responsiveness' at Para 3.2 above , will be called "responsive bids" and only responsive bids" shall be considered for evaluation . Evaluation of Bids shall be done by Railway through a committee comprising of members as per the delegation of powers decided by Railway. No Bidder shall have the right to challenge the decision of the committee.

Contacts during Bid Evaluation

Bid 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, bidders and/or the 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.

Selection Process:- The responsive bids shall be evaluated in the following manner

Scrutiny of bids for Minimum Eligibility as per Eligibility conditions. Such bids that meet with the eligibility conditions will be called "eligible bids".

The eligible bidders will be evaluated techno-commercially and awarded a Techno- commercial score to assess the capability of the eligible bidder(s) on the basis of scrutiny of information provided in Annexure -A/4 (Tech form 1 to tech form 3) and scoring scale at Annexure-A/5

The highest techno -commercial score (HTS) secured by any of bids will be the base Techno- commercial index.

All bids whose techno-commercial score is more than or equal to 50% of HTS will be "Techno-commercially qualified "for consideration of Railway Administration.

Price bids will be opened for "techno-commercially qualified "bids only. The date, time and venue of opening of price bid will be intimated only to the" techno-commercially qualified bidders."

Highest priced bid will be selected for award of contract

In the event of highest price being the same for more than one bid, bid with higher techno-commercial score should be considered by award of contract.

After selection, a letter of Award (LOA) shall be issued by Railway to the Selected Bidder and the selected bidder shall, within seven (07) 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, appropriate the Earnest Money of such Selected Bidder as mutually agreed genuine pre-estimated loss and damage suffered by Railway on account of failure of the selected bidder to acknowledge of LOA, and the next eligible bidder may be considered. It is clarified that in case the selected bidder refuses to accept the LOA, it will be debarred from participating in the bidding process for similar future license / contract of Railway for a period of one (1) year.

After acknowledgement of the LOA as aforesaid by the selected bidder, it shall execute the license agreement as per Master License Agreement incorporated in Standard bid document for Major units as circulated by Railway Board vide letter no. 2010/TG-III/600/12/SBD/Pt. 3 dtd. 05/09.09.2012, with Railway within the period of fifteen (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 3.5.10 security deposit as per Article 5 of the Master license agreement.

General conditions of bidding

Railway is desirous of receiving Bids for the award of License to the highest eligible bidder, who satisfy the evaluation criteria of Railways as per Eligibility conditions. Each Bidder (individually) is eligible to submit only one Bid for the award of License.

The Bid should be furnished in the format with the documents specified in the Bidding document.

The Bid document has to be signed with digitally signature.

The Bidder should submit a Power of Attorney as per the format, authorizing the signatory of the Bid to commit the Bidder.

Tender shall be submitted along with cost of tender document and Earnest money through online gateway and acknowledgement slip of payment must be attached with the offer/bid. Tender unaccompanied with requisite Earnest money shall under no circumstances be entertained and shall be summarily rejected. Failing in submission of tender cost will lead to rejection of offer summarily.

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. The earnest money can also be converted into Security Deposit for the Successful bidder.

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

The information provided by the bidder during the bid shall be binding on the bidder during the performance of contract.

Railway reserves the right not to proceed with the Bidding Process at anytime 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:

at any time, a material misrepresentation is made by the Bidder 4.11.1 or

the Bidder does not provide, within the time specified by the 4.11.2 Railway, the supplemental information sought by Railway for evaluation of the Bidding Documents, or

The bidder withdraws its offer within the validity period. Further, the offer shall not be considered for the award of contract

Any queries or request for additional information concerning this Document shall be submitted in writing or by fax and e-mail to the officer designated. The envelopes/ communication shall clearly bear the following identification/title. "Clarification for Tender Notice Number........... & due on ........."

Any corrigendum has been issued to bid notice, the corrigendum page must also be submitted along with the bid document.

Brief description of the Bidding Process.

Railway has adopted a system of inviting e-tender on Open, Competitive single two packet system, (the "Bidding Process) from experienced and reputed food and catering service providers for "Provision of Catering Services on Major unit - Non- Vegetarian Refreshment Room at Platform no. 1 of Haita station" for selection of the Licensee for the award of Licensee. While Packet-A shall contain the information sought from the 4.14.1 Bidders in respect of the Techno-Commercial parameters specified in Eligibility conditions, Packet-B shall contain price Bid/offer sought from interested parties on the parameters to be filled online in IREPS. It is clarified that price Bid/Offer of only those Bidders shall be considered who qualify and get short listed by Railway based on the Techno-Commercial parameters specified in Eligibility condition.

Bidders would be required to furnish/submit all the information specified in this Document, respectively ("Called Bid"). It is clarified that prior to making a Bid, the Bidder shall pay to 4.14.2 Railway a non-refundable sum as notified in the tender document Rs.5,900/- (Rupees Five Thousand Nine Hundred only) as the cost of this Document.

The Bidders shall be responsible for all of the costs associated with the preparation of their Bids and their participation in the 4.14.3 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 the all tasks in relation to rendering of desired services under the License and 4.14.4 to carry out, at their cost, such studies/analysis, as may be required for submitting 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 to annul the Bidding Process and 4.14.5 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 with alterations, overwriting usage of whitener etc. shall be rejected.

Marking Bids

The Bidder shall submit the Bid in the format together with the documents specified in Eligibility conditions of the Bid 4.15.1 Document, and The Bidder shall submit tender online on IREPS portal in the format, together with the documents as specified in Bidding Document

Packet-A, shall contain all documents specified in eligibility conditions, including: (i)Bid in the prescribed format along with the Annexure and all the relevant supporting documents cited in the Bid document; (ii)Power of Attorney for signing the Bid as per the format at Annexure A/6; (iii)Copy of Memorandum and Articles of Association, if the Bidder is a company, and if a partnership firm then a copy of its partnership Deed; (iv)Copies of Bidder's balance sheet and profit and loss account for the preceding 5 years duly audited by Chartered Accountant. 4.15.2 (v)Tender submission shall be done online on https://ireps.gov.in. Tenderer have to make payment of Earnest money and Tender document cost separately through online payment system. (vi)The bidders are required to submit soft copies of their bids electronically on the IREPS Portal, using valid Digital Signature Certificates. The instructions given are meant to assist the bidders in registering on the IREPS Portal, prepare their bids in accordance with the requirements and submitting their bids online on the IREPS Portal.

Packet-B is the Price bid (Bids submitted by Post, fax, telex, 4.15.3 telegram or e-mail shall not be entertained and shall be rejected. )

Bid Opening Date :- The date of techno commercial bid opening (i.e. Packet - A) will be construed as the tender opening date. Bids received by Railway after the specified time on the Bid 4.15.4 opening date shall not be eligible for consideration and shall be summarily rejected. if the bid submitted after the due date, it will be treated as Late Bid.

NUMBER OF BIDS: In response to this Bid, each Bidder can submit only one (01) 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 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 share Holder 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 90 days from the last date of submission of bids as specified in NIT header. 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 : Bid shall be opened as per date and time stated in NIT header.

AWARD OF BID :- Award of Bid shall be governed by evaluation process explained at Para-3 of General instructions of 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:

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

Shall debar, the Bidder or Licensee to participate in any Bid, etc. 4.20.2 issued by the Zonal Railway during a period of One (1) years from the date occurrence of such event.

For the purpose of this 4.23, the following terms shall have the meaning hereinafter 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, 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 4.21.1 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 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 anytime 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 4.21.2 facts or suppression of facts or disclosure of incomplete facts submission of forged / fake document.

"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;

"Understandable practice" means (i) establishing contact with any person connected with or employed or engaged by Railway 4.21.4 with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the Bidding Process; or (ii) have a Conflict of Interest; and

"Restrictive practice" means forming a cartel or arriving at any understanding or arrangement among Bidders with the 4.21.5 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 the 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 4.22.1 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 submitting 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 4.22.2 any rights and/or performance of any obligations hereunder and the Bidding Documents, pursuant hereto, and/or in connection with the Bidding Process, to 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 Board's letter no. 2010/TG- 4.22.3 III/600/12/SBD/Pt. 3 dtd. 05/09.09.2012 shall be deemed to be the part of this Document.

The Selected Bidder shall have to execute the License Agreement in this manner and format as indicted by Railway 4.22.4 vide SBD letter no. Railway Board vide letter no. 2010/TG- III/600/12/SBD/Pt. 3 dtd. 05/09.09.2012 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 accident/ unusual incident.