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Ministry of railways

NORTHERN RAILWAYS

MORADABAD DIVISION

COMMERCIAL DEPARTMENT

DRM OFFICE ………………….

…………………………

STANDARED BID DOCUMENT(SBD) FOR NORMAL PAY

& USE TOILET FOR OPERATION AND MAINTENANCE

(O&M) AT RAILWAY STATION FOR A PERIOD

OF THREE YEARS

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Table of Contents TENDER No..................... Key Informaton………………………………………... 3

A. DISCLAIMER............................................................................4

B. LETTER TO TENDERER.............................................................5

C. TENDER APPLICATION ……………………………………………….....6-7 D. INSTRUCTION TO TENDERS AND TERMS & CONDITION........8-18

E. EVALUATION CRITERIA..................................................... 19

F. POWER OF ATTORNEY FOR SIGNING OF TENDER.................. 20

G. FORMAT OF AFFIDAVIT...........................................................21

H. AGREEMENT......................................................................22-45

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TENDER NO-9-Pay & Use/Najibabad/10.c

KEY INFORMATION

1 Notice for Tender Date 30.01.2019 and Time 11.00 hrs.

2 Type of Tender Single Packet System

3 Period of Contract (03) Three Years

4 Cost of Tender Document

Non- refundable amount of Rampur Rs.2000/-, Roorkee Rs.2000/-, Najibabad Rs.1000/- & Gajraula Rs. 1000/- only + GST @ 18%, Details at Chapter C.

5 Earnest Money deposit

Earnest Money Rs Rampur Rs.15,744/-, Roorkee Rs.37,113/-,

Najibabad Rs.4,728/- & Gajraula Rs.6,084/- only. Details at Chapter C.

6 Reserve Price for first year

Pay & Use Rampur Rs.1,57,440/-, Pay & Use Roorkee Rs.3,71,124/-, Pay & Use Naijbabad Rs.47,280/-& Pay & Use Gajraula Rs.60,840/-

7 Tender Submission Date 18-03-2019 and Time 11.00 hrs.

8 Opening of Tenders Date 18-03-2019 and Time 16.00 hrs.

9 Validity of Offer 90 days from the date of opening of Tender

10 Web Site address www.nr.indianrailways.gov.in

11 Contact Authority and address

Sr. DIVISIONAL COMMERCIAL MANAGER NORTHERN RAILWAY

DRM OFFICE, MORADABAD.

वररष्ठमण्डऱवाणिज्यप्रबन्धक mRrj रेऱवे,

मण्डऱ रेऱ प्रबन्धक कायााऱय, eqjknkckn

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Chapter - A

DISCLAIMER

1. The issue of this Document does not imply that Railway is bound to

select the tenderer or to appoint the selected tenderer. Railway reserves the right to reject any or all of the Tenders submitted in

response to this Tender Document at any stage without assigning

any reasons whatsoever. Railway also reserves the right to withhold

or withdraw the process at any stage with intimation to all tenderers who have submitted the Tender.

2. Railway reserves the right to change/ modify/amend any or all of the

provisions of this Tender Document at any stage. Such changes shall

be notified to all concern.

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Chapter – B

LETTER TO TENDERER

Northern Railway

Moradabad Division,

DRM Office Moradabad

To,

M/s __________________________

______________________________

______________________________

Subject- Tender for Normal Pay & Use Toilets for Operation &

Maintenance (O&M) at _______________ Railway station

for a period of three years.

Dear Sir,

1. Tender form with Tender conditions and Draft Agreement for the

above noted contract are enclosed.

2. Tender is on Single packet system.

3. Tender should be addressed to Sr. Divisional Commercial Manager,

Northern Railway Moradabad and submitted in a sealed cover.

4. Tender will be received in a sealed tender box kept in the office

in ACM/MB room up to 14.00 Hrs. on 18.03.2019 Tender box will be

sealed at 14.00 Hrs. on 18.03.2019. Sealed tender box will be

opened by nominated officers at 16.00 Hrs. on 18.03.2019. Names of

all tenderer will be announced soon thereafter in the tender room of DRM‟s office. Tenderer are advised that if they so desire, they can

send their authorized representatives to witness the opening of

Tender. Tender received after closing of tender box will not be

considered.

4. No Tender will be considered if not accompanied by requisite

earnest money deposit as per terms and conditions specified in Para

3.13 of chapter D.

6. The Railway Administration reserves the right to reject any or all the tenders without assigning any reason whatsoever or to accept

any Tender with a higher offer.

7.This Tender form is non-transferable.

For Sr. Divisional Commercial Manager

Moradabad Division

(Signature of Tenderer) TENDER NO……………………………. of 45

Chapter C

TENDER APPLICAION

To

The President of India,

Through the Sr. Divisional Commercial Manager, Northern Railway,

Moradabad Division

Dear Sir,

Subject- Tender for “Normal Pay & Use Toilet for Operation

& Maintenance at ___________ Railway Station” for a Period of three Years.

1. I / We intend to undertake the above mentioned work of Normal

Pay & Use Toilet for Operation & Maintenance at ___________

Railway Station in ……..Division of Northern Railway.

2. I / We have gone through the contents of Tender Form along with

all the other documents carefully, information furnished by me/us

is true to the best of my /our knowledge, and nothing has been

concealed/mis-represented therein.

3. I /We have carefully read terms conditions & guidelines, which

I/we shall adhere by. I/We agree to take the allotment of

contract of subject tender of ____Division on “As is whereas

Basis”.

4. I am willing to take up work for _______years on the schedule and specification as given para 3.0 and 12.0 of chapter H.

5. I am willing to offer to the Railway, the annual offer for the first

year as Rs ____________and the same shall be paid with an

annual increase of 7% in each of the following ____ years also, as per para6.5 of the tender agreement of Chapter „H‟.

6. There will be an annual increase of seven percent in license fees.

7. In case of revision of usage charges during the contract period,

license fees to be paid by the contractor will be revised on pro-

rata basis at the time of revision of usages charges and henceforth annual increase of 7% as detailed in para 6.6 of

Chapter „H‟ shall be applicable.


Note-

a. Tenderer must fill up all columns essentially required to

ascertain financial bid. In case this is not done, the tender is likely to be summarily rejected.

b. In case of difference in figures and words, the amount shown in

words shall be taken to be correct.

c. Tenders with overwriting, correction or insertion shall be liable to be rejected.

d. All figures as mentioned in para 5 above should be rounded off

to Maximum 2 digits after decimal. Any quote not complying

this is liable to be rejected by the Tender committee.

Yours sincerely,

(Tenderer‟s Signature,

Name and designation

of the Authorized Signatory)

Date

Place

Name and seal of the Tenderer

Location


Chapter – D

INSTRUCTION TO TENDERERS AND TERMS & CONDITION

1.0 General Conditions of Tendering

1.1 The offers in sealed cover on prescribed form are invited up to 14.00 hrs on 18.03.2019 by the Sr.DCM/MB Northern Railway,

Moradabad Division, for Normal Pay & Use Toilet for

Operation & Maintenance at _______________ Railway Station, at a reserve price of Rs. ___________for a period of

Three years from the date of commencement of the contract as

per details.

1.2 The Tender must be submitted in sealed cover in the

prescribed form for Normal Pay & Use toilet for Operation & Maintenance at _______________ Railway station and must

be deposited in tender box allotted for this purpose in the

ACM/MB room at DRM‟s Office, Moradabad Division not later

than 14.00 hrs. The box will be sealed at 14.00 hrs on 18.03.2019 and will be opened at 16.00 hrs in the ACM/MB

room of DRM‟s Office in the presence of tenderer or their

authorized representatives who wish to be present. In case of

any reason the office is closed on Tender opening day, then the Tender will be received and opened at the same time and place

on next working day.

1.3 The Tender should be on a prescribed form obtainable from the

office of Sr. Divisional Commercial Manager, DRM Office,

Northern Railway Moradabad Division, on payment of ` ______________ per Tender form in any of the following

mode-

1.3.1 Demand draft / Banker‟s Cheque in favour of „Sr.

Divisional Finance Manager, Northern Railway Moradabad Division, payable at Moradabad executed by State Bank of

India or any of the Nationalized Banks or by a scheduled

Banks.

1.3.2 Cash deposited at the Cash Office/ Booking Office at Railway Station of the Zonal Railway duly supported with

original Cash Receipt / Money Receipt indicating the

Tender Number and due date of submission.

1.4 Tender form can also be downloaded from the internet website i.e.www.nr.indianrailways.gov.in. The tenderer, who wishes to

participate in the Tender by downloading from Web-site will

have to attach a bank draft of amount equivalent to the Tender

form cost in favour of “Sr. Divisional Finance Manager,

Northern Railway, Moradabad Division” towards the cost of


Tender Form. Tender Forms downloaded from Web site will not

be accepted without enclosing the cost of Tender form in the

shape of Bank draft.

1.5 The Tender form is not transferable.

1.6 Tenderer shall invariably sign on all sheets of tender document

before submitting Tender. In absence of the same the tender

will be summarily rejected.

1.7 The Tender containing overwriting and alterations in the Tender

documents are liable to be rejected out rightly. Tenderer must attest any correction made by them. No correction on the

typed script of Tender form issued by Railway Administration

will be allowed. If the tenderer wishes to stipulate any

condition of his own, he should state this in a separate letter along with the Tender documents. It should however, be noted

that the Railway Administration reserves the right not to

consider such conditions and to reject the conditional tenders

without assigning any reasons.

1.8 Tender Due Date

Tenders received by Railway after the specified time on the

Tender Due Date shall be treated as per Railway Board‟s extant

guidelines.

1.9 Proposal Validity

The Tender shall remain valid for acceptance by Railway for a

period of 90 days from the last date of submission of tenders.

In case of any need, Railway may request the tenderers to

extend the period of validity of their tenders on the same terms and conditions.

1.10 No advance payment shall be made by the Railways, neither,

any kind of loan from any person/bank/financial institution

shall be recommended by Railway.

1.11 The scope of work is detailed in Chapter H.

2.0 Minimum Eligibility Criteria

2.1 Financial Eligibility Criteria

2.1.1 For A-1 & A category stations, the turnover of the tenderer

shall not be less than Rs 05 lacs per annum during the

last three consecutive financial years excluding the year


of tender from the business of operating and maintaining

toilet complex.

2.1.2 For B & C category stations, the turnover of the tenderer

shall not be less than Rs 03 lacs per annum during the

last three consecutive financial years excluding the year

of tender from the business of operating and

maintaining toilet complex.

2.1.3 For D & E category stations, the turnover of the

tenderer shall not be less than Rs 02 lacs per annum

during the last three consecutive financial years

excluding the year of tender from the business of

operating and maintaining toilet complex.

2.1.4 For the proof of such turnover as mentioned in para

2.1.1, 2.1.2 & 2.1.3 from the business of operating and

maintaining toilet complex, certificate from a chartered

accountant to this effect to be considered along with

balance sheet and profit and loss account of tenderer.

The genuineness of the same will be got verified from

concerned CA before finalizing the tender.

2.2 Technical Eligibility Criteria

2.2.1The tenderer should have experience of minimum three

consecutive financial years excluding the year of tender

in the field of operation and maintenance of toilet at

mass contact area.

2.2.2 The tenderer should have completed at least one works

of similar nature of 80% of Annual Tendered value or two works of 50% of Annual Tendered Value or three

Works of 40% of Annual tendered Value in last three

financial years excluding the year of tender.

Similar Nature - Similar Nature of work means BOT or ROMT or

Operation & Maintenance of toilets at mass contact area

as the case may be.

Annual Tender Value-Annual tender value means the reserve

price fix by the division for one year.

2.3 The tenderer should submit the copy of permanent Account Number issued by Department of Income Tax.


2.4 The eligibility criteria given above in para 2.1 and 2.2 are

minimum eligibility criteria. In case tenderer does not fulfil the

minimum eligibility criteria, the tender will stand disqualified.

2.5 The evaluation and selection will be done on the basis of the

process given in chapter E.

3.0 Method of tendering

3.1 The Tender will be in Single packet system-Tenderer may note

the following:

3.1.1 The tender committee reserves the right to see all the original documents of which photo copy has been

submitted by the tenderer in Technical Tender. The same may have to be produced by the tenderer as and

when required. In absence of the same tender

committee reserves the right to summarily reject the

tender.

3.1.2 If the tenderer does not fulfil the minimum eligibility

conditions as mentioned in para 2.1, 2.2 and 2.3 above,

the Tender will be disqualified and the earnest money will be refunded in due course.

3.1.3 The Railway Administration reserves the right to verify the contents of all documents/affidavits as given by the

tenderer in accordance to the requirement 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 and

initiation of legal proceedings against the tenderer for

misleading the Railway Administration besides blacklisting.

3.2 The selected tenderer shall execute an agreement according to the terms and conditions as embodied in the draft agreement

attached with the Tender form within 30 days from date of

issue of LOA (Letter of Acceptance) the Railway Administration.

3.3 In the event of the Tender being submitted by the partnership

firm/private Ltd. company, it must be signed by all partner(s) /

director(s) or on his/their behalf by a person holding a valid

power of attorney authorizing him to do so. A copy of Partnership Deed or a Registration Certificate of a Private Ltd.

Company or Power of Attorney is to be submitted along with

the Tender in Packet „A‟. Tender not accompanied by such

documents will not be considered.


3.4 Acceptance or non -acceptance of any Tender shall rest with

the Railway Administration of Northern Railway,

_________Division for and on behalf of President of India at his discretion and he shall not be bound to accept the lowest

or any other offer and shall have full authority and discretion

to divide or reduce or increase the volume of work or to accept

the Tender partly and he shall not be bound to assign any reason whatsoever for any of his action.

3.5 The administration reserves the right to accept or reject any

Tender. Authority for acceptance or otherwise of the Tender

will rest with the Northern Railway Administration which does not bind itself to accept any quotation or to assign any reason

for rejecting/ accepting the same.

3.6 The tender document must be accompanied with EMD of Rs.____. In case Earnest money is not submitted with the

tender document the offer will be summarily rejected.

3.7 Firms registered with NSIC have to submit a valid registration

issued by NSIC and shall be governed as per the laid down rules and provisions of NSIC/Government.

3.8 The tenderer/s shall keep the offer open for a prescribed period

of 90 days from the date of opening of the tender in which period tenderer/s cannot withdraw his/their offer subject to

period being extended further if required by mutual agreement

from time to time. It is understood that tender documents have

been sold/issued to the tenderer/s and the tenderer/s is/are being permitted to tender in stipulation on his/their part that

after submitting his/their tender he/they will resile from

his/their offer or modify the terms and conditions thereof in a

manner not acceptable to the Northern Railway should the

tenderer fail to observe to comply with the forgoing stipulation the amount deposited as security as due performance of the

stipulation and to keep the offer open for the specified period

shall be forfeited to the railway. If the tender is accepted, the

amount of all earnest money will be held as initial security deposit for due and faithful completion of the contract. The

earnest money of the unsuccessful tenderer/s will save as

herein provided be returned to the unsuccessful tenderer/s

within reasonable time but, railway shall not be responsible for any loss or depreciation that happen to the security for the due

performance of stipulation and to keep the offer open for a

period as stipulated in the tender documents or to the earnest

money while in railway possession nor will be liable to pay interest thereon.


3.9 The Earnest Money should be in the form of pay order or

demand draft, executed by State Bank of India or any of the Nationalized banks or by a scheduled Bank.

3.10 Tender/s with the Earnest Money in any form other than those

specified in3.9above shall not be considered.

3.11 Any request for recovery from outstanding bills for earnest money against present tender will not under any circumstances

be considered. 3.12 No interest is payable upon the Earnest Money and Security Deposit or

any other payment payable to the Tenderer/Contractor under this

contract.

3.13 Tenders without or with less earnest money will be summarily

rejected. 3.14 The earnest money of the successful tenderer will be liable to be

forfeited if he does not fulfill any of the following conditions-

3.14.1 Execution of the agreement within 30 days from date of issue of LOA (Letter of Acceptance ) by railway administration.

3.14.2 Failed to start the work after award of contract with in

stipulated time as mentioned in clause 12.0 of Chapter H.

4 Security Deposit - The Earnest Money deposited by the successful tenderer with his tender will be retained by the

Railways as part of security for the due and faithful fulfilment of

the contract by the contractor. The details are in para 7.0 of

Chapter H (Page No.45).

5. Period of contract

The contract will be for a period of ________ from the date of

commencement of contract.

6.0 Conflict of interest

6.1 Railway Administration considers “Conflict of Interest”, to be a

situation in which party has interests that could improperly influence the Tendering process or that party‟s Performance of

official duties or Responsibilities, Contractual Obligations or

Compliance of applicable laws and regulations. Any

Tenderer(s), which in the opinion of Railway Administration has

or may have the likelihood of a conflict of interest, shall be disqualified. Without limiting the generality of the above, a

Tenderer shall be considered to have a conflict of interest that

affects the Tendering process, if;

(a) Such Tenderer, its Member ( in case of Partnership firm)

or any of its Constituents and any other Tenderer for the


same work, its Member or any of its constituents have

cross ownership interest; provided that this disqualification

shall not apply in case the direct or indirect ownership/Shareholding (of paid up and subscribed

shares) of a Tenderer, its Member or any of its constituent

in the other Tenderer, its Member or any of its constituent

is less than 10% (Ten percent); or Special instructions to tenderer and regulations for Tenders & contract

(b) Such Tenderer or a Member of such Tenderer is also a

member of another Tenderer for the same work; or

(c) Such Tenderer has the same authorized

Signatory/representative for a tender as any other

Tenderer for the same work; or

(d) Such Tenderer, its Member or any of its Constituent has

participated as consultant to Railway in the preparation of

any document, design or technical specifications for the

same work; or

(e) If legal, financial or technical advisor of Railway for the

same work is or has been engaged by Tenderer, its

Member or any of its Constituent in any manner for matters related to or incidental to the same work during

or prior to the Tendering process up to the signing of

Agreement; or

(f) Such Tenderer, its Member or any of its Constituent and the

consultant of Railway for the same work, its Member or

any of its Constituent have cross ownership interest;

provided that the disqualification shall not apply in cases

the direct or indirect ownership/shareholding (of its paid up and subscribes shares) of a tenderer, it Member or any

of its Constituents in the consultant of Railway for this

work, its Member or any of its Constituent, or vice versa,

is less than 10% (ten percent); or

(g) Such Tenderer, it Member or any Constituent thereof

received or has received any direct or indirect subsidy,

grant, concessional loan or subordinated debt from any other Tenderer for the same work, it‟s Member of

Constituent, or has provided any such subsidy, grant

concessional loan or subordinated debt to any other

Tenderer for the same work, its Member or any Constituent thereof; or


(h) Such Tenderer, or any Constituent thereof, has a

relationship with any other Tenderer for the same work, or any Constituent thereof, directly or through common third

party/parties, that puts either or both of them in a position

to have access to each other‟s information about, or to

influence the Tender of either or each other for the same work.

6.2 Disqualification specified under sub clause 6.1 (a) to (h) shall

not apply to the Tenderer or its Member of both Public and Private unless and until such Tenderer or its Member is a

Constituent of another Tenderer or its Member or Railway

Consultant for the same work.

6.3 Tenderer/Each Member of the firm shall submit the following

documents on the basis of which it has arrived at the conclusion

that it does not have any Conflict of interest:

(i) List of Constituents along with their shareholding and registered office address;

(ii) The details of each of shareholders holding more than 10%

in the firm, each of its members and their Constituents;

(iii) A chart showing the relationship of the Tenderer/Members of

the firm with their respective constituents.

6.4 Notwithstanding anything contained herein above, Railway may,

after opening of Tender, seek a reconfirmation that there is no

conflict of interest among the Tenderer, Members and /or

Constituents of the Tenderer/Members of the firm, within a

period to be stipulated by Railway. Railway will also seek reconfirmation from its legal, financial or technical advisors that

there is no conflict of interest with Tenderers.

7.0 Fraud and Corrupt Practices

7.1 The tenderers and their respective officers, employees, agents

and advisers shall observe the highest standard of ethics

during the Tendering Process and subsequent to the issue of

the LOA and during the subsistence of the Agreement. Notwithstanding anything to the contrary contained herein, or

in the LOA or the Agreement, Railway may reject a Tender

without being liable in any manner whatsoever to the tenderer

or the Contractor if it determines that the tenderer or the Contractor, 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 Tendering Process. In such an event, Railway shall-

7.1.1 Forfeit and appropriate the Tender Security as

determined by Railway, without prejudice to any other right or remedy that may be available to Railway

hereunder or otherwise.

7.1.2 Shall debar the tenderer to participate in any Tender,

etc. on Indian Railway for a period of 1 (one) year from the date occurrence of such event.

7.2 For the purposes of this Para, the following terms shall meaning

hereinafter respectively assigned to them-

7.2.1 “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 Tendering 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 Tendering Process or the LOA or has dealt with

matters concerning the 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

Tendering Process); or (ii) engaging in any manner

whatsoever, whether during the Tendering Process or

after the issue of the LOA or after the execution of the

Agreement, as the case may be, any person in respect of any matter relating to the award of contract or the

LOA or the 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 contract;

7.2.2 “fraudulent practice” means a misrepresentation or

omission of facts or suppression of facts or disclosure

of incomplete facts or submission of fake document, in order to influence the Tendering Process;

7.2.3 “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 Tendering Process;

7.2.4 “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 Tendering Process; or (ii) having a

Conflict of Interest; and

7.2.5 “Restrictive practice” means forming a cartel or arriving

at any understanding or arrangement among tenderers with the objective of restricting or manipulating a full

and fair competition in the Tendering Process.

8.0 Miscellaneous

8.1 Railway in its sole discretion and without incurring any

obligation or liability, reserves the right, at any time, to;

8.1.1 Suspend and/ or cancel the Tendering Process and/ or amend and/ or supplement the Tendering Process or

modify the dates or other terms and conditions relating

thereto;

8.1.2 Retain any information and/ or evidence submitted to Railway by, on behalf of, and/ or in relation to any

tenderer; and/ or

8.1.3 Independently verify, disqualify, reject and/ or accept any

and all submissions or other information and/ or evidence submitted by or on behalf of any tenderer.

8.2 It shall be deemed that by submitting the Tender, the

tenderer 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

Tendering Documents, pursuant hereto, and/ or in connection with the Tendering 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.

8.3 The Disclaimer as set forth at the outset of this document


and the Agreement as stated in this Document shall be

deemed to be the part of this Document.

8.4 The Selected tenderer shall have to execute the 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 tenderer.

8.5 The tenderer shall not decrease the offered rates in case the Railway Administration negotiates for rates. Such

negotiation shall not amount to cancellation or withdrawal

of the original offer and rate originally quoted would

continue to be binding on the tenderer. The authority for acceptance of tenders will rest with Northern Railway

Administration, …………, who does not bind itself to accept

the highest financial Tender or any Tender nor does he

undertake to assign reasons for dealing to consider any particular Tender or tenders.

8.6 Non-compliance with any of the conditions given herein

will result in the Tender being rejected.

8.7 Partnership Firm and JV will be governed on the basis of

the Board‟s policy and GCC on works, circulated from time to time.

8.8 All documents as required in this tender document shall be

submitted without fail. No additional documents, which shall change the basic character of the tender or

influence the decision of the tender committee, shall be

asked from the tenderer.


Chapter E

EVALUATION CRITERIA

1.0 Evaluation of tender shall be done as per extant rules and the

criteria as mentioned in the Tender document.

2.0 The right of acceptance or non- acceptance of any tender shall

rest with the Railway Administration i.e. Northern Railway, ………………Division for and on behalf of President of India at its

discretion and it shall not be bound to accept the lowest or any

other offer and shall have full authority and discretion to

reduce or increase the volume of work or to accept the tender partly and he shall not be bound to assign any reason,

whatsoever, for any of his action.

3.0 Evaluation

3.1 Evaluation of tender shall be based on minimum eligibility conditions as mentioned in para 2.1, 2.2 and 2.3 of Chapter D

and on financial offer.

3.2 The tender committee, while finalizing the tender may evaluate

the responsiveness of the tenderers.

3.3 In case 2 or more than 2 tenderers qualifying in technical criteria, quote the same rate in financial tender, the tenderer

with highest turnover for all the three years together would be

considered for award.

3.4 The tenderer with the highest offer shall be assigned the contract.


Chapter F POWER OF ATTORNEY FOR SIGNING OF TENDER

(ON NON JUDICIAL STAMP PAPER OF APPROPRIATE VALUE) Know all men by these presents, I/We…………………………………………….. (name of the firm and address of the registered office) do hereby irrevocably constitute, nominate, appoint and authorize Mr./Ms.(name), ____________ son/daughter/wife of __________________ and presently residing at _________________ who is presently employed with us and holding the position of ________________ , as our true and lawful attorney (hereinafter referred to as the “Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to submission of our tender for the award of the contract for “Tender For Normal Pay & Use Toilet for Operation & Maintenance Contract at___________ Railway Station” for which proposals are invited by Railway including but not limited to signing and submission of all

Tenders, tenders and other documents and writings, participate in tenderers and other conferences and providing information/ responses to Railway, representing us in all matters before Railway, signing and execution of all contracts including the Agreement and undertakings consequent to acceptance of our Tender, and generally dealing with Railway in all matters in connection with or relating to or arising out of our Tender for the award of contract to us and/or till the entering into of the Agreement with Railway. AND I/ we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us.

IN WITNESS WHEREOF I/ WE,_____________________ THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ____________ DAY OF _________MONTH OF__20_____, in presence of following witness For ______________ (Signature, name, designation, address , Adhar Card No.and stamp size photo of the Executants/s)

Executed and signed before me on this ___________day of _________20_____ Witnesses (Name & Address) (Signature to be verified by Employer/Banker/Notary)

1. (Notarized)

Name of Notary Public:- Registration No.:-

Place:- 2.

Accepted …………………………… (Signature)(Name, Title, Address & Photo of the Attorney) Note

o The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of

the executants(s) and when it is so required, the same should be under common seal affixed in accordance with the required procedure.

o Wherever required, the tenderer should submit for verification the extract of the charter documents and documents such as a board or shareholders‟ resolution/ power of attorney in favor of the person executing this Power of Attorney for the delegation of power hereunder on behalf of the tenderer.


Chapter G

FORMAT OF AFFIDAVIT

(FORMAT FOR affidavit duly attested by OATH COMMISSIONER/ NOTARY PUBLIC)

I________________ s/o _____________r/o ________________ do hereby solemnly affirm and forward this affidavit in my capacity as an individual/ partner

of firm ___________________________ / Director of Body Corporate _______________ / and solemnly affirm and state as under-

1. That I am competent to swear this affidavit on behalf of company/firm etc. namely M/s_____________

2. That neither any official of company M/s__________________________or any staff member has ever been convicted in Civil or Criminal offence under state or statutory laws.

3. That M/s_____________________________ has never been debarred or blacklisted by Railway Administration or Government of India or any private/public organization.

4. That M/s ____________________ has participated in the assessment orders amounting to Rs. ______________ by Railway Administration or Government of India.

5. That M/s ___________________ participated as Joint Venture Firms along with M/s ____________for the contractual value of more than Rs. 25Crores. An attested copy of the allotment letter of the said contract is enclosed here with.

6. I hereby declare that I have not been convicted in a criminal case and do not have a criminal record.

(DEPONENT)

VERIFICATION I understand that in case a false certificate/ information being detected at any

stage, it would result in termination of contract and banning of business dealing with the tenderer.

Verified at ________________ on _________ day of ________month of ___ yearand I, the above named deponent do hereby verify that the contents in the above affidavit are true and correct to the best of my knowledge and belief. No part of this affidavit is wrong and nothing material has been concealed there from

DEPONENT

(NOTARY)


Chapter H

AGREEMENT

This Agreement(the “Agreement”), is executed at __ on this ___

day of ___ 20___,

BETWEEN

“The President of India acting through the Sr. Divisional Commercial Manager, Northern Railway,…….. Division hereinafter called “The

Railway Administration” (which expression shall unless the context

does not so admit, includes his successors in office and assignees) on

the one part”

AND

“M/s.____________________________________ hereinafter

referred to as Contractor (which expression shall unless excluded by

context, includes the successors, legal heirs, executors, administrators and assignees) on the other part through

Mr./Mrs.__________________.

"Railway" and "Contractor" shall hereinafter be collectively referred

to as 'Parties'. Now this agreement witnessed as follows-

1. Wherein it is mutually agreed for the performance of the contract

for Normal Pay & Use Toilet for Operation and Maintenance at

_______ Railway Station for a period of ______years as per accepted offer.

2. The Railway Administration and the Contractor both hereby agree

that the Contractor shall duly perform the said works in the manner as laid down in the terms & conditions enclosed herewith.

3.In this agreement words and expressions shall have the same

meaning as are respectively assigned to them in the condition of

contract referred to.

4.The following documents shall be deemed to form and be read

construed as part of this agreement-

a) b)

c)

d)

In witness thereof the parties hereto have signed & caused

respective seals on the day & year above written


Contractor

(Signature and seal of authorized

Official) Date

Address

Designation

(Signature and seal of

authorized Official) Northern Railway

(For President of India)

Name & Signature of witnesses with their addresses

a. ____________________________________________

b. ____________________________________________

Note:-

The stamp duty shall be applicable as per prevailing stamp duty in

various states where the Divisions are situated and same may be

ascertained from the respective legal cell /RAs when and where the different instruments are executed.


Terms & Conditions of Contract Agreement for “Normal Pay & Use

Toilet for Operation & Maintenance at ___________ Railway Station for a period of _____ years”

1.0 Period of Contract

The contract will be awarded for a period of ________ years from ____________

to _________________.

2.0 Basic Facilities to be provided by Service Provider

As given under clause 3.0 below.

3.0 Maintenance of toilets by Service Provider

3.1 Adequate number of safaiwalas based on the requirement as decided by the

Sr.DCM/DCM (Independent charge) of division.

3.2 Staff deployed should be literate and courteous.

3.3 Contractors to ensure that staff shall wear proper uniform and name badge.

Attendance should be ensured on biometric system.

3.4 Proper schedules and rosters for continuous manning to be displayed as decided

by the Sr.DCM/DCM (Independent charge) of the division.

3.5 Ensure proper cleaning as and when required and also as per the schedule

fixed.

3.6 Schedule of routine cleaning based on frequency and usage and (or) as per

agreement to be displayed.

3.7 Standard cleaning materials and equipment should be used and also should be

available round the clock as approved/decided by the division. Divisions based

on standard practice/experience at stations and in trains can approve/decide

cleaning material/machine /equipment.

3.8 Ensure odour less toilet by using anti odour material like fresheners, odonil,

naphthalene balls etc.

3.9 Hand tissue paper and hand drier machine to be provided near wash basin at all

A1, A & B category of stations.


3.10 Sufficient number of litterbins should be provided.

3.11 Safety and security of passengers/users should be ensured.

3.12 Prevent any encroachment in/adjoining the toilet.

3.13 Proper disposal of drainage upto the pitfall and prompt clearing of any choking

of drainage to be ensured promptly.

3.14 Proper litter/garbage disposal beyond railway limits or at the locations approved

by Railways to be ensured.

3.15 Cleanliness/Hygiene of surroundings of toilets (3 meters) to be ensured.

3.16 Minor repairs to the taps, flush outs and replacement of hosepipes should be

ensured.

3.17 Ensure white washing and painting etc. as and when required.

3.18 Ensure prompt repair of potholes, cracks, concrete joints, electric fitting,

lighting, sanitary fittings and signage.

3.19 At all A1, A & B category of stations machine cleaning of floor and sanitization

of toilets with steam cleaning to be done as per schedule decided by the

division.

3.20 Toilets to be no smoking zones and a display according should be done.

4.0 WATER AND ELECTRICITY CHARGES

4.1 Water and Electricity for Normal Pay and Use toilets are to be provided by Railways for all category of stations, subject to conditions indicated below.

4.2 Water and Electricity charges shall be levied as per the extent policy of Railway

Board subject to adherence of Railway Board policies issued from time to time.

4.2.1 No unauthorized tapping of water shall be done.


4.2.2 Water meter shall be provided to monitor the water consumption.

4.2.3 No extra water connection from the earmarked one shall be provided so

as to avoid misuse of water.

4.2.4 No wastage of water allowed other than nominated use.

4.2.5 In case of shortage of supply of continuous running water at any station,

water can be stored in additional tanks but it should be ensured that

there is no breeding of mosquitoes etc. in and around stored water.

4.2.6 The design of the water tap should be approved by the Sectional

Sr.DEN/DEN and should be such that water wastage is avoided.

4.3 Electric & Water meter will be provided by Railways and cost of meters,

rent of meters and installation charges are to be borne by the contractor

subject to the following conditions-

4.3.1 Only Energy Efficient lighting shall be provided and the quantity shall be

optimum.

4.3.2 Natural lighting shall be used during the day time to the maximum

extent.

4.3.3 Exhaust fan of standard brand (ISO certified) of appropriate size and

quantity shall be assessed and provided based on the size of the toilets.

4.3.3 No plug point shall be provided so as to avoid misuse of energy.

4.3.4 There shall be no unauthorized tapping of power supply.

4.3.5 Energy meter shall be provided to monitor the energy consumption.

5.0 SERVICE CHARGES

5.1 Use of urinal should be free of charge.

5.2 The Contractor can charge the users/passengers Rs. 05/- (five)for using

latrine and Rs. 10/-(ten) for using bathroom at A1, A & B category of

stations. At D, E, & F category of stations the user charges shall be Rs 04 for

latrine and Rs 06 for bath. However, at A1& A category of stations divisions

reserves the right to increases these charges based on the local conditions.


5.3 The usage charges can be revised every 3 years suitably in

consultation with licensee/contractor during the currency of the

contract.

5.4 The rate list should be displayed at noticeable locations/entry points to the

toilets.

5.5 The Contractor should issue a receipt to the users/passengers for the

services provided.

6.0 LUMPSUM LICENSE FEES

6.1The Contractor shall pay an annual license fees through a Demand Draft to the

Railways as quoted in the financial tender

6.2The payment of license fees will be on half yearly basis and to be paid in advance

within ten days of the first month when payment is due.

6.3In case of delay in the timely payment of licence fee, Sr. DCMs will be empowered

to condone the delay for the first month on receipt of application from the

contractor if he is satisfied and the reasons for delay mentioned by the

contractor are found to be genuine and unavoidable on his part.

6.4For any delay in payment of license fees, a penalty of two percent will be

levied on the due amount in first month not complying provisions as given

in para 6.2. In second month, penalty will be increased to three percent. After

two months delay the security deposit will be forfeited and process of

termination shall be initiated.

6.5There will be an annual increase of seven percent in license fees.

6.6 In case of revision of usage charges are done in accordance to para 5.3 license

fees to be paid by the contractor will be revised on pro-rata basis at the time of

revision of usages charges and henceforth annual increase of 7% as detailed in para 6.5 shall be applicable.

7.0 SECURITY DEPOSIT

7.1 The security money should be equivalent to 03 months of the annual licence

fee for the first year to be paid in advance in form of bank draft or FDR

after adjusting the EMD amount before signing the agreement.


7.2 The validity of the security deposit should be upto the completion of

contract plus one extra year to cover any eventuality.

7.3 The Security deposits shall be released on after completing the contract after

ensuring that the Railway premises is handed over by the contractor after

proper cleaning and removal of the debris with all assets intact with certificate

issued to this effect by SM/SS of the concerned station as well as no dues from

electricity and other charges.

8.0 PERIOD OF CONCESSION

8.1 The period of Concession Agreement for, 'normal Pay and Use' toilets for

Operation & Maintenance will be 3 years. In this regard it must be clear that it

is neither a land lease agreement nor the contractor is paying land license fee.

This is a contract purely on operation and maintenance of toilet with full

land ownership right vested with Railways.

9.0 RENEWAL/EXTENSION

RENEWAL 9.1 After completion of concession period, the contract can be renewed

further at the discretion of the division in case of satisfactory

performance of the agency subject to structural soundness and

aesthetics of the toilet for 2 years. However, this renewal should have

personal approval of DRM.

9.2 Renewal shall be done @ 25% increase on the last year‟s licensee fee of

running contract.

9.3 The annual increase in licensee fee will be @7% every year during the

renewed period also.

10.0 EXTENSION

10.1 Extension can be granted by the division if renewal has not been considered

by division and fresh tender has not been finalized, performance being

satisfactory.

10.2 After expiry of Contract period the contract can be extended for one year

or till the finalization of the new contract, whichever is earlier by the

division in consultation with finance and approval of competent authority.


11.0 TERMINATION OF CONTRACT

11.1 The Railways can terminate the contract in case of continued non-compliance

of Service conditions by the Service-Provider with one month's advance

notice.

11.2 In case the contractor wants to terminate the contract, he may have to give

6 month‟s prior notice.

11.3 In case of 11.1 & 11.2 above, the assets will then be transferred to SM/SS of

the station at the Depreciated Replacement Value, which will be determined

by the Railways as per extant policy. The Railways will be free to for the

contract out the same asset.

11.4The Railway Administration shall be at liberty to terminate the contract by

issuing 1 months‟ notice of termination. Date and time of above written

notices are effective from the date of serving the letter to the contractor/project in charge/ shift in charge or supervisor deployed by the

contractor. In case the contractor wants to terminate the contract, he may

be have to give 06 month‟s prior notice.

12.0 COMMENCEMENT OF OPERATION

12.1 The operation shall start within one month of date handing over the site to the contractor .

12.2 No extension shall be given under normal conditions. However, if Railways

is satisfied that delay, if any, has been caused on railway account extension may be granted for the period to the extent of delay caused.

To avoid delay in project, the concerned departments should provide

necessary permissions at the earliest and responsibility should be fixed to

avoid financial losses to the railways on account of delay.

12.3 In case of delay on part of the contractor to start operation, a penalty of

1% of the annual license fee shall be levied for the first month which shall

be increased to 2% in the following month. In case of delay of more than 2 months penalty shall be 5% per month.

13.0 TAX LIABILITY

13.1 The Contractor shall be responsible for all the taxes liabilities to be paid to civic

agencies or to other agencies as applicable from time to time for the services

rendered by him. There will be no tax liability upon the Railways whatsoever

on any account.


14.0 PUNITIVE CLAUSE

14.1 Railways can impose fine on the Contractor if the desired level of cleanliness

is not maintained and for lack of proper upkeep, facilities, etc.

14.2 The details of fine to be imposed on contractor is given in Clause No. 23.1 to

23.11. Railway administration reserves the right to review and modify the

penalty charges, if required, during the contracted period.

.

15.0 COMPLAINTS AND SUGGESTIONS

15.1 The Contractor shall provide a complaint free service.

15.2 Contractor should also maintain a complaint and suggestion register at

the toilets which shall be made available to the users/Passengers Notice to

this effect should be put up at entry points to the toilets.

16.0 Responsibility of the service provider regarding deployment of

workforce

16.1 The service provider has to deploy sufficient workforce including shift in

charge/supervisor.

16.2 Following are the guidelines for deployment of work force-

16.2.1 The work force deployed should be physically and medically fit for the

specified jobs.

16.2.2 They should be able bodied and not suffering with any physical or mental

disability which is likely to endanger their lives in the course of their work.

16.2.3 The Contractor shall not engage any person below 18 years of age and

above 50 years of age.

16.2.4 The contractor shall not under any circumstances whatsoever, appoint

minor / child labour and shall comply with all relevant laws, rules,

notification etc. in this connection. 16.2.5 Contractors shall not in any capacity employ any person of bad character

or any person whose antecedents have not been investigated by the

police. The expenses for such verification as is necessary shall be

borne by the Contractor. 16.2.6 The work force deployed should be well mannered and courteous while

on duty.

16.2.7 The work force should wear prescribed uniform- to be finalized by the

division i.e. florescent jacket, shoes, caps/helmets and gloves etc., which should be clean.


16.2.8 The contractor shall be responsible to provide required no. of uniforms.

Contractor shall provide not less than 3 sets of uniform so that it is always clean.

16.2.9 The work force should were photo identity card duly signed by the

Contractor and shall be pinned in uniform or hanged round the neck.

16.2.10 Contractor shall issue individual certificate to his workforce, which

shall contain a photograph of the person specifying the his/her name,

father‟s name, address and the place at which deployed, with/his/her

left/right hand thumb impression affixed thereon in printer‟s ink which.

The work force he should carry the same with him/her while on duty.

16.2.11 The contractor shall implement and comply with all the Labour laws

and regulations in force, including any subsequent amendments

thereof and the rules made there under.

16.2.12 The guidelines and instructions issued by National Commission of Safai

Karmachari Govt. of India shall be complied with by the contractor.

16.2.13 First Aid facility should be provided and maintained by the

contractor during all working hours with first aid box equipped with

prescribed contents at the working place where work force is deployed

by him.

16.2.14 The Contractor should take all safety precautions. Railway administration shall not be held responsible if the work force deployed

by the contractor sustains any injury or any incidental illness.

16.2.15 The Contractor shall be the employer for his work force and railway

administration will not be held responsible partially/fully for any dispute that may arise between the contractor and the workers.

16.2.16 The contractor has to note that the services of the work force will

purely be on contract basis and they will not be entitled for

regularization of service in Railway at any time.

16.2.17 Railway will not provide any free pass to the Contractor or his work

force for their transport and will also not provide any kind of transport

allowance.

16.2.18 Contractor shall ensure that the nominated shift in-charge deputed by

him reports to the nominated railway official at the station. The shift in charge in each shift shall remain in touch with nominated railway

official so that any special instructions can be given to him as and

when required.

16.2.19 Contractors should have “Employees‟ State Insurance” (ESI) covering death and injuries for their labour engaged for this work and shall bear

the cost for the same. In case of any default or otherwise, contractor

agrees and undertakes to indemnify and hold Railways harmless

against any liability, loses, claims, cost etc.


16.2.20 The contractor shall ensure availability of full record of work force

deployed by him for this work. Railway shall inspect and check the attendance as and when required for the purpose of verification. In

absence of the same Railways reserves the right to terminate the

contract.

17.0 Responsibility of contractor regarding Machines& tools

17.1 The mechanized systems used for sweeping, scrubbing, drying, vacuum

cleaning, steam cleaning and high pressure water jet cleaning etc. shall be

strictly satisfactory & eco-friendly.

17.2 All the mechanized system and its accessories, tools, cleaning kits etc. shall have to be owned /hired by Contractor.

17.3 The machines deployed by the contractor shall be operated by operators

engaged by the contractor.

17.4 The worker force deployed by the contractor to operate machines should

be trained to handle such machines and its accessories, tools, cleaning kits etc. efficiently to ensure that the operations of the machines is

efficient and effective.

18.0 Responsibility of contractor regarding Material

18.1 The contractor will arrange to provide all equipment to be used for the

work defined like wipers, dustpans, wheelbarrows, brooms, buckets,

mops, dusters, pipes, spades, garbage bags, rag picking tools etc. at his own cost and nothing extra will be paid on this account.

18.2 Contractor shall use biodegradable environment friendly cleaning agents

which follows all mandatory international& national standards /norms.

They should not have pungent smell but should be soothing.

18.3 All the materials/chemicals/consumables brought to site shall be protected

suitably duly wrapped/packed and stored so as to avoid any damage to

railways during loading/unloading and handling at station. It should also

comply the packing conditions to protect it from weather conditions etc. at any stage.

18.4 The contractor shall bring the stock of all the material required for

cleaning station in advance so that there is no shortage.

18.5 Contractor shall also use wherever required bio-enzyme products to kill bad odour in urinal/drains.

19.0 Responsibility regarding garbage lifting/disposal

19.1 The Contractor shall place garbage bags in all the dustbins within the area

of contract and clear the accumulated garbage immediately into the

nominated Railway dustbin as soon as they are full and also immediately replenish the dustbins with fresh garbage bags. He shall also ensure that

the dustbins are neat and clean and free of any stains/filth such that they


give a clean and hygienic look at all times. The garbage generated will be

disposed off at identified location by the service provider twice a day where ever all station garbage is disposed off.

20.0 General conditions

21.0

20.1 The Contractor shall ensure that the premises are not used for any

purpose other than that for which it is allowed under the Agreement. The

premises should not be used for playing games, cards etc., which

involves stakes/betting etc.

20.2 The sites and the works assigned to the Contractor by the Railways shall

not be transferred by the former to any person, Trust, Society or

Institution in any manner whatsoever at any time, whether during or after the termination of the agreement.

20.3 The Contractor shall not use or allow any person to use such toilets for

residential purpose.

20.4 The contractor should observe all statutory labour laws including but not

limited to, those of muster roll, deduction of Provident Fund, employee‟s insurance, Payment of Wages Act, Hours of Employment Regulation Act,

Contract Labour Regulation Abolition Act etc.

20.5 The successful tenderer must comply with all the safety parameters at

work and shall assume all liability, indemnity against claims if any,

including legal expenses if any arising out of any mishap, accident and

consequential matters related to this contract.

20.6 It will be ensured that toilet complexes handed over by railways to

contractors are functional and in sound condition for which handing over

certificate will be issued to them. Thereafter, for the period of contract,

any minor repair works like replacement of drain pipe of urinals/wash

basins, electrical fittings, taps etc and repair of pot holes, cracks,

concrete joints, signages will be done by the contractor at his own cost

and has to be specified by the division while floating tender.

20.7 The standard of cleanliness-sanitation conservancy shall always be to the

satisfaction of the authorized representative of the Railway

Administration whose decision in this regard shall be final and binding on

the contractor. In case of default nominated Railway Official may get the improvement done at the cost of contractor without any notice.

20.8 The Contractor should adhere to all the terms and conditions laid down

in the tender schedule.


20.9 The contractor shall obtain all approvals/ permits etc., wherever

required, from concern competent authorities of Central/State Govt., Statutory/ Local bodies etc. on its own cost.

20.10 The contractor shall comply with the laws of the land including

environmental laws, Pollution Control Board guidelines or any guidelines

having force of law on environment & pollution from any authority,

tribunal, court etc.

20.11 The contractor should be accessible round the clock in case of

emergency/ necessity to co-ordinate with Railway administration.

20.12 The contractor must keep his / their premises open for inspection of

records by nominated railway official/ authorized representative or officers, as and when necessary. For this, the contractor must supply all

necessary records as may be required by the inspecting officials.

20.13 The Railway administration reserves the right to inspect the work at any

time through authorized representatives.

20.14 During inspections, on receipt of complaints about non-cleanliness /lack

of sanitation, the area identified have to be attended at once for which

no extra payments would be made by the Railways.

20.15 The contractor shall not be entitled to claim against the administration for any loss, which the contractor may incur on account of fire, or any

other accident or treatment to his personnel or any other cause.

20.16 The contractor shall be held responsible for the loss incurred to the

railway administration and damages caused to the property of railway or

its customers or agents/licensees permitted by Railway Administration on its premises due to activities related to contractor/ its work. The

contractor shall also indemnify railways against in event of any such

incident /accident to Railways customers. The contractor agrees and

under takes to indemnify and hold railway administration harmless against any loss so incurred.

20.17 In the event of death of the contactor during the contract period, the

legal heirs of the deceased viz., wife, son, daughter, widow dependent,

daughter-in-law may be allowed to continue the unexpired portion of the contract purely at the discretion and permission of the railway

administration on production of legal heir certificate subject to fulfilling

the terms and conditions stipulated in the agreement.

20.18 Schedule of cleaning of toilets should be displayed at the back of toilet

doors and should be signed by both the cleaning personnel assigned that job and supervisor to ensure cleaning as per schedule.

20.19 The contractor will work according to the schedule of intensive and

maintenance cleaning keeping in view peak and non-peak period at the

station as given by nominated/authorized railway official. Railway Administration may amend the schedule, if required, in accordance to

requirement at the station. No claim whatsoever on this account shall be

entertained.

20.20 The work shall be carried out in the manner complying in all respects


with the requirements of relevant byelaws of the local body under the

jurisdiction of which the work is to be executed or as directed by the nominated Railway Official and nothing extra shall be paid on this

account.

20.21 The Contractor shall comply with proper and legal orders and direction/s

of the local or public authority/s or municipality and adhere by their rules

and regulations and pay all fees and charges, which may be liable.

20.22 Any notice required to be served by the railway administration shall be

deemed to have been served if it is dispatched to the address of the

contractor given in the agreement by registered post.

22.0 Failure on the part of the contractor

In the event of any failure on part of the contractor to fulfill any of the obligations under the contract, it shall be lawful for the railway administration

to make alternative arrangements as may be necessary to maintain the

Normal Pay & Use Toilets contract and the cost of the making alternate

arrangements/hiring man power will be deducted from the payments due to the contractor or deducted from the security deposits.

23.0 Evaluation and Grading

22.1 The effectiveness of cleaning /sanitation will be evaluated on a scale of 0-10

as per the following grading and scores will be assigned for each item in the

score card -

Condition of Toilets Rating

Clean no dirt or no stains, properly

washed & mopped 100% and no cobwebs. 100%

Clean, very slight stains with visible cleaning effort. 90%

Very light dirt or stains visible / presence of

cobwebs 80%

Minor dirt / stains visible, washing & mopping

not proper, presence of rag, drain not cleaned properly. 60%

Fair amount of dirt and stains visible, poor cleaning activity, drains not attended properly.

40%

Severe dirt and stains visible, lack of washing & cleaning. 20%

Extreme dirt/stained, not washed or mopped cobwebs present 0%


22.2 The evaluation shall be done by Railway official just after cleaning by

contractor. The quality of cleanliness surface i.e. floor, door/window, cladding, glass etc. should be reassessed after drying.

22.3 The Contractor should strictly adhere to ratings of 9 & 10. The grading

given for each item on score card shall be summed up to a maximum of

100%.

22.4 The overall rating for the entire area will be considered and only scores more than 90% shall be acceptable.

23.0 Penalty Clause

23.1 The contractor should ensure that the overall scores be equal to or more

than 90%. If the rating is found to be less than 90%, then a penalty as

specified below shall be imposed and recovered. No penalty shall be

applicable during extraordinary circumstances i.e., political mob, disaster,

Bandh etc. However, the contractor should make necessary efforts to maintain the score more than 90%.

S.

N

Overall Rating Penalty, if any

1. 80-90% 500/-

2. 80-70% 1000/-

3. 70-60% 2000/-

4. 60-50% 3000/-

5.

Less than 50% 5000/- to 10000/-

23.2 The Railway Administration will terminate the contract if the services

provided by the contractor is consecutively unsatisfactory (below 5

rating) for 10 days. Railways will not entertain any claim in this regard.

23.3 Railways authorities will supervise all work through its nominated official

on daily basis and a record will be maintained for each activity completed.

The contractor will be penalized for activities not done or if the quality of

work or materials used is of substandard specifications. 23.4 Railway Officials of different ranks will be inspecting the quality of

cleanliness- sanitation from time to time. In case of adverse remarks of

any inspecting official or public complaints received on

cleanliness/sanitation (Registered in the available complaint book in the


station and found to be valid by the Railway authority) the contractor will

be liable for a penalty of 500/- (Rupees five hundred only) to Rs.1000/- (Rupees one thousand only) or the compensation awarded to complainant

in any court of law or in consumer court or both.

23.5 If there is non-performance / bad workmanship / non-satisfactory work,

contractor would be served with 7 days‟ notice to make good the same. On expiry of 7 days‟ notice, if contractor fails to make good or

performance does not improve, then Railways have the liberty to issue 7

days notice of termination. On expiry of 7 days notice period, contract

would be terminated by issuing a letter and on such termination, contractor‟s entire security deposit available with Railways plus any dues

arising from the works executed by the contractor will be forfeited.

23.6 The contractor shall engage sufficient workforce to maintain standards of cleanliness– sanitation conservancy or as suggested by Railways. Penalty

of double the minimum wages shall be levied per day per manpower not

engaged by the contractor.

23.7 The Workforce engaged by the contractor should always be in prescribed

uniform, identity badges & if they are found without these, Railway may

impose penalty Rs 500/- per day per case.

23.8 In case the workforce misbehaves with passengers of nominated inspecting officials, a penalty of Rs 1000/ shall be imposed.

23.9 Penalty up to 10 times of labour value for violation of Minimum Wage Act

will be imposed.

23.10 The contractor shall use consumables in suggested qualities and numbers

or as per requirement. Penalty of Rs. 1000/day + cost of material will be

imposed for nonuse of prescribed chemicals. 23.11 In case overcharging is proved a penalty of Rs 2000/ shall be imposed. In

case such 3 cases are detected in one month than the contract shall be

terminated.

Note:-

Penalty mentioned above shall be levied by Sr.DCM/DCM on recommendation of Station Manager or Railway Official nominated for the purpose, if required.

The above penalties are liable to be imposed comprehensively or collectively

depending upon the seriousness of lapses. However, due care will be taken

to avoid the duplicity in regard of imposition of penalty.

24.0 Modification in Agreement

Any addition/alteration/change/modification/review and extension can be made

to this Agreement, only in writing with the mutual consent of the contractor and


the Railway Administration as per policy and Schedule of Powers, applicable on

Northern Railway.

25.0 Arbitration

25.1 Demand for Arbitration 25.1(a) Any Dispute, difference or controversy of whatever nature howsoever arising

under or out of or in relation to this agreement (including its interpretation) between Railway Administration and the Licensee/Contractor and so notified in writing by either Party to the other party (the “Dispute”) shall in the first instance, be attempted to be resolved amicably.

25.1(b) Any Dispute, difference or controversy which is not resolved amicably within

30 days then any claim(s) on disputed matters shall be demanded in writing that the dispute or difference be referred to arbitration. Such arbitration shall be governed and held in accordance with the provisions of the Arbitration and Conciliation Act, 1996.

25.1(c) The demand for arbitration shall specify the matters which are in question, or subject of the dispute or difference as also the amount of claim item-wise if any. Only such dispute or difference, in respect of which the demand has been made, together with counter claims or set off, given by the Railway, shall be referred to arbitration and other matters shall not be included in the reference.

25.2 Appointment of Arbitrator:-

25.2(a) The parties may waive off the applicability of sub-section 12(5) of Arbitration and

Conciliation (Amendment) Act-2015, if they agree for such waiver, in writing, after dispute having arisen between them, in the format given under Annexure-I of the agreement.

25.2(b) Appointment of Arbitrator where applicability of section 12(5) of Arbitration and Conciliation Act, 1996 has been waived off:-

25.2 (b)(i) In cases where the total value of all claims in question added together does not

exceed Rs. 1,00,00,000/-(Rs. One Crore only), the Arbitral Tribunal shall consist of a Sole Arbitrator who shall be a Gazetted Officer of Railway nominated by the General Manager. The Gazetted officer so appointed, however, will not be one of those who had an opportunity to deal with the matter to which the contract relates or who in the course of their duties as Railway servant have expressed views on all or any of the aspects of the matter under such dispute. The sole arbitrator shall be appointed within 60 days from the day when a written and valid demand for arbitration is received by Railway Administration.

25.2(b)(ii) In cases of claims of more than Rs. one crore, the Arbitral Tribunal shall

consist of a Panel of three Gazetted Railway Officers or 2 Railway Gazetted officers and a retired Gazetted Railway Officer, as the arbitrators. The Gazetted officer(s) so appointed, however will not be one of those who had an opportunity to deal with the matter to which the contract relates or who in the course of their duties as Railway servant have pressed views on all or any of the aspects of the matter under such dispute. For this purpose the Railway will send a panel of at least four (4) names of Gazetted Railway Officers of one or more departments of the Railway which may also include the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitrator to the contractor within 60 days from the day when a written and valid demand for arbitration is received by the Railway Administration. Contactor will be asked to suggest at


least 2 names out of the panel for appointment as contractor‟s nominee within 30 days from the date of dispatch of the request by Railway. The General Manger shall appoint at least one out of them as the contractor‟s nominee and will, also simultaneously point the balance number of arbitrators either from the panel or from outside the panel, duly indicating the „Presiding Arbitrator‟ from amongst the 3 arbitrators so appointed. GM shall complete this exercise of appointing the Arbitral Tribunal within 30 days from the receipt of the names of contractor‟s nominees.

25.2(c) Appointment of Arbitrator where applicability of section 12 (5) of

Arbitration and Conciliation Act, 1996 has not been waived off:- 25.2(c)(i) In cases where the total value of all claims in question added together does not

exceed Rs. 1,00,00,000/-(Rs. One Crore only), The Arbitral Tribunal shall consist of a Sole Arbitrator who shall be a retired Gazetted Officer of Railway nominated by the General Manager. The retired Gazetted officer so appointed, however will not be one of those who had an opportunity to deal with the matter to which the contract relates or who in the course of their duties as Railway servant have expressed views on all or any of the aspects of the matter under such dispute. The sole arbitrator shall be appointed within 60 days from the day when a written and valid demand for arbitration is received by Railway Administration.

25.2(c)(ii) In cases of claims of more than Rs. one crore, the Arbitral Tribunal shall

consist of a Panel of three retired Gazetted Railway Officers. The retired Gazetted officer so appointed, however will not be one of those who had an opportunity to deal with the matter to which the contract relates or who in the course of their duties as Railway servant have expressed views on all or any of the aspects of the matter under such dispute. For this purpose, the Railway will send a panel of at least four (4) names of retired Gazetted Railway Officers of one or more departments of the Railway which may also include the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitrator to the contractor within 60 days from the day when a written and valid demand for arbitration is received by the Railway Administration. Contactor will be asked to suggest at least 2 names out of the panel for appointment as contractor‟s nominee within 30 days from the date of despatch of the request by Railway. The General Manger shall appoint at least one out of them as the contractor‟s nominee and will, also simultaneously appoint the balance number of arbitrators either from the panel or from outside the panel, duly indicating the „Presiding Arbitrator‟ from amongst the 3 arbitrators so appointed. GM shall complete this exercise of a appointing the Arbitral Tribunal within 30 days from the receipt of the names of contractor‟s nominees.

25.3 Cost of Arbitration The cost of Arbitration shall be borne by the respective parties. The cost

shall inter-alia include fee of the Arbitrator(s), as per the rates fixed by Railway Board from time to time and the fee shall be borne equally by both the parties, provided parties sign an agreement in the format given at Annexure-II of the agreement after referring these disputes to arbitration. Further, the fee payable to the Arbitrator(s) would be governed by the instructions issued on the subject by Railway Board from time to time irrespective of the facts whether the


Arbitrator(s) is/ are appointed by the Railway Administration or by the court of law unless specifically directed by Hon‟ble court otherwise in the matter.

25.4 Place of Arbitration

The Venue of such Arbitration shall be at the place where the agreement has been signed and executed or as decided by the Arbitrator and the language of the Arbitration proceeding shall be English or as decided by the Arbitrator.

25.5 Obligation During Pendency of Arbitration 25.5(a) Work under the contract shall, unless otherwise directed by the Railway,

continue during the arbitration proceedings and no payment due or payable by the Railway shall be withheld on account of such proceedings, provided, however, it shall be open for Arbitral Tribunal to consider and decide whether or not such work should continue during arbitration proceedings.

25.5(b) Where the arbitral award is for the payment of money, no interest shall be payable on whole or any part of the money for any period till the date on which the award is made.

25.6 Others

In the event of arbitrator (s) dying, neglecting or refusing to act for any reasons or his award being set aside by the Court for any reason, it shall be lawful for Appointing Authority General Manager to appoint another Arbitrator in place of the outgoing Arbitrator.

25.7 The Arbitration Award shall be executed on stamp paper in accordance with the applicable Stamps Duty Act.


Annexure-I

Agreement towards Waiver under Section 12 (5) of Arbitration and Conciliation Act,1996. I/we…………………………(Name of agency/contractor) with reference to agreement no…………………..raise disputes as to the construction and operation of this contract, or the respective rights and liabilities, withholding of certificate and demand arbitration in respect of following claims: Brief of claim: (i) Claim 1 – Detailed at Annexure – (ii) Claim 2 – (iii) Claim 3 –

I/we……………………..(post of …………….) with reference to agreement no…………………hereby raise disputes as to the construction and operation of this contract, or the respective rights and liabilities, withholding of certificate and demand arbitration in respect of following claims:

I/we…………………do/do not agree to waive off applicability of section 12 (5) of Arbitration and Conciliation Act,1996.

Signature of Claimant ____________Signature of Respondent_________

Witness By

1. Name :- 2. Address :-

1. Name:- 2. Address:-


Annexure-II

Agreement under Section 31 A (5)

I/we……………. (name of claimant) with reference to agreement no……………..hereby waive off the applicability of sub section 31 A (2) to 31 A (4) of the Arbitration and Conciliation Act,1996. We further agree that the cost of arbitration will be shared by the parties as per Clause 27.3 of this agreement.

Signature of Claimant ____________Signature of Respondent________

*Strike out whichever not applicable.

Witness By

3. Name :- 4. Address :-

3. Name:- 4. Address:-


Annexure-III

Certification by Arbitrators appointed :-

1. Name : 2. Contact Details : 3. Prior Experience (Including Experience with Arbitrations): 4. I do not have more than five on-going Arbitration cases with me : 5. I hereby certify that I have retired from Railways w.e.f._______ and empanelled as

Railway Arbitrator as per „The Arbitration and Conciliation Act-1996‟. 6. I have no any past or present relationship to the subject matter in dispute, whether

financial, business, professional or other kind. The list of such interests is as under : 7. I have no any past or present relationship with or interest in any of the parties whether

financial, business, professional or other kind, which is likely to give rise to justifiable doubts as to my independence or impartiality in terms of The Arbitration and Conciliation Act-1996.

Or

I have past or present relationship with or interest in any of the parties whether financial, business, professional or other kind, which is likely to give rise to justifiable doubts as to my independence or impartiality in terms of The Arbitration and Conciliation Act-1996. The details of such relationship or interests are as under :

8. There are no concurrent Circumstances which are likely to affect my ability to devote sufficient time to the arbitration and in particular to finish the entire arbitration within twelve months.

Or

There are Circumstances which are likely to affect my ability to devote sufficient time to the arbitration and in particular to finish the entire arbitration within twelve months. The list of such circumstances as under:


26.0 Workmen‟s Compensation Act

The Contractor shall keep the Railway Administration indemnified and

completely absolved of any risk, damage or loss howsoever caused, due to

any kind of disturbance affecting the contractor‟s property or their personnel

under employment or otherwise engaged by them. This would include claims

under the workmen‟s Compensation Act and for losses suffered by third parties. The Railway Administration accepts no responsibility for any

loss/damage of any materials belonging to the contractor, no matter

howsoever caused.

27.0 Legal obligations

The contractor shall be responsible for carrying out all legal obligations as may

be required by the law. Broadly they are as under -

i. Shops & Establishment Act ( wherever applicable)

ii. Minimum Wages Act, 1948

iii. Payment of Wages Act 1936

iv. Contractor labour (Regulation and Abolition Act 1970)

v. Child Labour (Prohibition and Regulation) Act 1986

vi. The Workman‟s Compensation Act

vii. The contractor shall also fulfill any other required legal obligations as part of this contract.

viii. Enforcement of Employment of Manual Scavengers and construction of Dry

Latrines (Prohibitions) Act, 1993

ix. Central Sphere has notified w.e.f.01.10.2014(the minimum wages rate). The minimum wages rate should be calculated as per central sphere

x. P.F. Act & ESI Act

xi. Environment protection act & rules made therein after from time to time

xii. National Safai Kramchari Act, Protection on Civil Rights Act and Human

Rights Act

28.0 Legal Jurisdiction

All disputes are subject to the jurisdiction of the ……. High court and its

subordinates Courts only.

29.0 Contract Labour Abolition Act

The contractor shall comply with all the provisions of contract labour

(Regulation-Abolition) Act 1970 and any subsequent amendment thereof and

the rules made there under. Contractor will indemnify the Railway Administration for any loss or damage suffered by it due to violation of its

provisions.

30.0 Force Majeure

In the event of any unforeseen event directly interfering with the operation


of contract arising during the currency of this Agreement; such as war,

insurrection, restraint imposed by the Government, act of legislature or other authority, explosion, accident, strike, riot, lock out, act of public enemy, acts

of God, sabotage, etc., the contractor shall, within a week from the

commencement thereof, notify the same in writing to the Railway with

reasonable evidence thereof. In such event of force majeure, if mutually

agreed by both parties, the tenure of this Agreement may be further extended for the period during which contract was not operational.

31.0 The Railway Administration shall not be responsible for any loss or damage

caused to the contractor due to total discontinuance of the scheme under

the agreement for any reason whatsoever.

32.0 Assignment or Subletting of Contract

The Contractor shall not assign or sublet the contract or any part thereof or

allow any person to become interested therein any manner whatsoever without the special permission in writing of the Railway.

33.0 For the purpose of this agreement, the competent authority is Sr. DCM,

Northern Railway, _______Division.

34.0 Execution of the Agreement

This Agreement shall be executed/entered only with the contractor on a non-

judicial stamp paper of Rs. 100/- and all cost and expenses for registration, stamp duty, etc. thereof shall be borne by the contractor.

In witness whereof, the parties have duly executed and delivered this

agreement by their duly authorized representatives as of the effective date.

Railway

By

Title

Date

IN WITNESS OF

( name & address)

Contractor

By

Title

Date

IN WITNESS OF

( name & address)