Tender No: 2016/IRCTC/Infra/Retiring Room TENDER BID DOCUMENT RFP

Transcription

1 Tender No: 2016/IRCTC/Infra/Retiring Room TENDER BID DOCUMENT RFP IRCTC invites RFPs for Hiring Consultancy Services preparing Feasibility Report for Taking over of Retiring Rooms at various Indian Railway Stations Last date and Time of Submission : at 15:00 HRS Date and Time of Opening of RFPs : at 15:30 HRS Address Indian Railway Catering and Tourism Corporation Ltd. (IRCTC), Group General Manager (Infrastructure) 11 th Floor, B-148, Statesman House, Barakhamba Road, New Delhi Telefax:

2 INDIAN RAILWAY CATERING AND TOURISM CORPORATION TENDER NOTICE Sealed tenders are invited by the Group General Manager/Infrastructure, IRCTC Limited, B- 148, 11th floor Statesman House, Barakhamba Road, New Delhi , on prescribed forms for the under noted consultancy work: Name of work Earnest money Duration of Work Last date and time of submission of tender Validity of offer Hiring Consultancy Services preparing Feasibility Report for Taking over of Retiring Rooms at various Indian Railway Stations 15,000/- (Rupees fifteen thousand only) DD in favour of IRCTC Ltd 04-Weeks Up to Hrs. on in the office of Group General Manager (Infrastructure), B-148, 11 th floor Statesman House, Barakhamba Road, New Delhi. 90 days from the date of opening of tender. 1. The tender must be accompanied with the Earnest Money of 15,000/- (Rupees Fifteen thousand only) in the form of DD /Pay Order in favour of IRCTC Ltd payable at New Delhi issued by schedule bank. 2. Tender complete in all respects and with all documents as mentioned in tender documents should be deposited up to 15:00 hrs of in the tender box kept for the purpose in the office of Group General Manager/Infrastructure, IRCTC Limited, B-148, 11 th floor Statesman House, Barakhamba Road, New Delhi TENDER WITHOUT FULL EARNEST MONEY SHALL BE SUMMARILY REJECTED. GGM/Infrastructures IRCTC Limited. 2

3 INSTRUCTIONS TO THE BIDDERS 1. All RFP paper submitted along with the Bid should be serially numbered on the top right hand corner of every page of the RFP Document. 2. The requisite instrument of EMD in shape of demand draft of 15,000/- in favour of IRCTC Ltd., should be attached with page number one, as mentioned above, of the RFP Document. 3. The name of the applicant should be mentioned on the reverse of the respective Demand Draft, attached as EMD. 4. This RFP document should be duly signed and stamped by the authorized signatory of the applicant. The RFP document should be submitted in original with all pages intact. RFP document not submitted in original will be rejected. 5. All Annexure should be enclosed along with Financial proposal, duly signed and stamped by authorized signatory. 6. The RFP is not transferable. 7. If a bid is not substantially responsive, it will be rejected by IRCTC and may not subsequently be made responsive by the bidder by correction of the non conformity. IRCTC determination of bid responsiveness will be based on the contents of bid itself and any written clarifications sought by IRCTC in writing the response to which shall also be in writing and no change in rates shall be permitted in response. 8. IRCTC reserve the right to reject any/all bids including the lowest bid and withdraw the RFP at any stage without assigning any reasons. Nothing contained herein shall confer right upon a bidder or any obligation upon IRCTC. 3

4 Need and Objectives of the Assignment Objective: With this project, IRCTC Ltd. in principle would primarily serve all categories of travelers and tourists segment to strengthen IRCTC's linkage with Hospitality and Tourism industry. Hence, the ultimate objective for IRCTC would be Taking over of Retiring Rooms at various Indian Railway Stations. 1. Eligibility Criterion for the consultants are: i. The participating bidders should be on the panel of Ministry of Tourism for undertaking consultancy works. ii. iii. A letter of empanelment / registration with the above mentioned Ministry to be attached along with the bid. Consortium / sub contractors are not allowed. 2. Role of Consultant The consultant is expected to bring in strong industry knowledge and expertise on the project. The consultant will ensure timely and quality inputs at all stages during the assignment that will be shared with IRCTC officials. The consultant will provide appropriate interactions and information that is relevant to the various tasks as they come up. The consultant will work in close co-ordination with IRCTC staff and officials designated for this initiative. 3.1 Selection of consultant will be done on Cost Based Selection method. Since, it is difficult to examine all stations having Retiring Rooms, as such 10 nos. stations have been selected for conducting study by the consultant as per scope of work. There are 4 nos. stations in A-1 classification of Indian Railways (New Delhi, Banglore, Mumbai Central and Howrah), 4 nos. stations in A classification of Indian Railway (Kalka, Bhusawal, Jalandhar City and Itarsi and 2 nos. stations in B classification of Indian Railway (Chakradharpur, South Eastern Railway and New TinSukiya, Tinsukiya division, North Frontier Railway). Consultant will submit a detailed report on all the tasks as articulated in Scope of Work. 3.2 Scope of Work 1. What would be optimal Size of Retiring Room in terms of number of rooms and dormitories is small. At most of the stations we have less than 10 Retiring Rooms. In this background Is it viable for service provider to run the operations? 2. Many stations which come under A-1 and A category of Indian Railways standard are not important stations as far as business and tourist value is concerned. In this context whether it would be possible for a service provider to undertake operation in all A-1, A and B class stations. 4

5 3. What is expected amount of investment per room looking at the present condition of Retiring Room and same for dormitories? 4. What should be minimum amenities/facilities available to the customers in this upgraded Retiring Room? 5. What kind of returns in terms of licensee fee per y ear IRCTC must expect from this business vertical? 6. What are Prevalent prices of the similar facilities in the vicinity of station. 7. Manpower required managing the operations round the clock? 8. The requirement of electricity in terms of Kilo Watt load and requirement of water in terms of Litres. 9. Eligibility criteria for the service provider in terms of experience, turnover, licensees, certificate etc. 10. Should IRCTC contribute to service provider by way of capital support? 11. Minimum tenure of the contract for service provider? 12. Suggestions on standardization and branding? 13. List of probable service provider from hospitality industry? 14. Cost of operation per month per Retiring Room? Appointed Consultant shall provide a Detailed Feasibility Report 3.3 Fees: Fees : The RFP bidders shall quote consolidated fees excluding service tax (at prevailing rates) for the mentioned scope of work at Payment Terms: The payment shall be made stage wise as mentioned in the Milestone Chart, TABLE- A. The firm shall submit a running bill after completion of each task to the satisfaction of IRCTC, as measured by the output specified in the chart, for an amount calculated as per the percentage mentioned in the chart. 3.4 Milestone Chart with deliverables and stage wise payment schedule: The Milestone chart given below captures the essence of this consultancy assignment: 5

6 TABLE A Sr. Task Output Time Payment No. Frame 1. a)to identify the Business Appreciation 2 weeks 40% model/strategies for development of Report Hotel with the objective of providing high quality amenities at affordable prices/rates targeting the rail passengers as major market segment with assets being returned to IRCTC at the end of the license period. b)evaluate Business Model proposed and bring out their advantages and disadvantages in detail and Study earlier reports & Recommend Options 2. Discussions on options and Recommend best Model for developing these Hotel projects keeping the objectives of IRCTC in mind. Preparing final report suggesting best course of action Feasibility Reports 2 weeks 60% 4 weeks 3.4 Meetings and site visits: Between IRCTC and the firm (consultant s team) meetings are expected during the 04-weeks period. The meetings will take place at IRCTC Corporate Office New Delhi. It is expected that the firm would conduct at least one site visit to the each stations. Expenditure on site visits, data collection, traveling, Lodging - Boarding and other expenses for attending the meetings shall be borne by the firm/rfper. No additional charges other than the consolidated fee quoted by the RFPer/firm shall be payable. These visits should be advised to IRCTC in advance. 3.5 Data and Methodology: The firm shall share all the data collected during the study and methodology used to collect the data and arrive at the alternate solutions and submit the same in the form of appendices to the Final Feasibility Report. 3.6 Reports: All the reports and documents shall be submitted in 3 hard copies in original and 3 soft copies on CD. The firm shall bear the cost of printing such reports and documents. 3.7 All reports, documents and the business model suggested by preferred consultant will be property of IRCTC and the same can be adopted for some other locations without any cost. 4.0 Selection and Award Criteria The firm quoting the lowest bid shall be appointed as the Consultant for the assignment of providing consultancy services for Taking over of Retiring Rooms at various Indian Railway Stations. by Indian Railway Catering and Tourism Corporation. Inputs from Indian Railway Catering and Tourism Corporation 1. A dedicated team will be formulated for interaction with consultants. 6

7 2. All documents, as available, required for the purpose of the assignment. 3. Periodic meetings to discuss various issues. 4. Timely review / approval of the documents provided by consultant. 5. Any other matter as and when required for the timely execution of the project. 7

8 SPECIAL TERMS AND CONDITIONS: 1. The bidders are required to submit the bids completed in all respect in terms of the instructions specified in the RFP document along with all annexure before the specified bid due date. 2. Earnest Money Bidder shall be required to deposit earnest money of 15,000/- (Rupees Fifteen thousand only) in favour of IRCTC Ltd with the Tender for the due performance with the stipulation to keep the offer open till such date as specified in the Tender, under the conditions of Tender. The Earnest Money should be in the form of pay orders or demand drafts issued by any of the Nationalized Banks or by a Scheduled Bank. Tender(s) not accompanied by full earnest money, in the requisite manner, as aforesaid, shall under no circumstances be entertained and will summarily be rejected at the time of opening itself without further reference to the tenderer(s). a. Deposit (EMD) is liable to be forfeited if the bidder withdraws or amends or impairs or derogates from the bid in any respect within the validity of the bid and is open for acceptance whether originally fixed or extended. b. EMD shall also be forfeited if bidder fails to execute performance guarantee within stipulated time after acceptance of bid is communicated to him. Any bid not accompanied by EMD is liable to be summarily rejected. c. The EMD will be returned to the successful bidder only on submission of the performance guarantee in the prescribed format and of the requisite. d. No interest shall be payable by the Purchaser on the Earnest Money/Bid Guarantee to the tenderer. e. The Earnest Money shall remain deposited with the Purchaser for the period of 90 days or validity period as mentioned, from the date of opening of Tenders. If the validity of the offer is extended, the Earnest Money Deposit extension shall also be furnished failing which the offer after the expiry of the aforesaid period shall not be considered by the IRCTC. f. The Earnest Money of all unsuccessful tenderers will be returned by the Purchaser on finalization of tender. 3. Security Deposit: i) Successful bidder will pay a Security Deposit to the tune of 10% of the bided price or Rs. 50 Thousand (Rs. 50,000/-), whichever is higher, along with acceptance of award within one week. No interest will be admissible on Security Deposit. ii) iii) The security deposit is liable to be forfeited if the consultant unilaterally withdraws amends, impairs or derogates from terms and conditions in any respect during its currency. The Security deposit shall be forfeited in the case of termination of the contract during its currency. 4. If a bid is not substantially responsive, it will be rejected by IRCTC and may not subsequently be made responsive by the bidder by correction of the nonconformity. IRCTC s determination of bid responsiveness will be based on the contents of bid itself 8

9 and any written clarifications sought by IRCTC in writing the response to which shall also be in writing and no change in rates shall be permitted in response. 5. Offers shall be deemed to be under consideration immediately after they are opened and until such time the official intimation of award of contracts is made by IRCTC to the consultant. While the offers are under such consideration, consultant and or their representatives other interested parties are advised to refrain from contacting IRCTC by any means. If necessary, IRCTC will obtain clarifications on the offers by requesting for such information from any or all the consultant, in writing, as may be considered necessary. Consultant will not be permitted to change the substance of their offers after the offers have been opened. 6. RFPs are not transferable IRCTC reserves the right to reject or accept any RFP The decision of IRCTC in this regard will be final and IRCTC is not liable to assign any reasons for the decision. 7. Participants are invited to quote their rates on the enclosed format provided in accordance with the above instructions and all the conditions of contract. 8. Late Bids: Any Bid received by IRCTC after the Bid Due Date and time, shall not be considered under any circumstances. IRCTC shall not be responsible for postal delays/loss due to any reasons. 9. Any failure on the part of bidder to observe the prescribed procedure and any attempt to canvass for the work shall render the bidder's bids liable for rejection. 10. During evaluation, IRCTC may, at its discretion, ask the consultant for a clarification of its RFQ. The request for clarification and response shall be in writing, and no change in the price or substance of the RFP shall be permitted in response. 11. RFP Evaluation and Rejection: IRCTC reserves the right to award contract to any successful bidder at its discretion and this will be binding on bidders. IRCTC may terminate the Contract if it is found that the bidder is black listed by any of the Government Departments / Institutions / Local Bodies / Municipalities / Public Sector Undertaking etc. 12. Wrong information by Participants: If the participant/s deliberately give/s wrong information in his/their RFP, create/s circumstances for the acceptance of his/their RFP, the IRCTC reserves the right to reject such RFP at any stage and in that eventuality Security deposit lying with IRCTC shall stand forfeited and the bidder shall be debarred from taking part in future project for a period of two years. 13. Confidentially of Bid Evaluation - Any information regarding the examination and evaluation of bid, clarifications sought thereof and recommendation of the short-listed bidder shall not in any case be disclosed to any person or employee not officially concerned with the process of bidding. 14. Liability and Indemnity The bidder agrees to defend, indemnify and hold harmless IRCTC and their respective officers, directors, employees and agents (collectively the Indemnified Persons ) and its 9

10 associated companies from and against any and all claims, actions, damages, expenses, costs (including legal costs) and other liabilities actually incurred by IRCTC arising as a result of any negligence, breach of contract or warranty, or any other wrongful act or default on the part of the Bidder, its employees, agents, representatives. Nothing contained herein shall be construed as establishing a relation of employer and employee between IRCTC and The consultant or its employee. The consultant shall be responsible for the conduct and behavior of his employees. 15. COMPLIANCE OF INSTRUCTIONS The consultant shall comply with any other instructions issued by IRCTC from time to time within a reasonable time, as may be necessary to ensure better services. IRCTC reserves the right to amend any of the clauses of the agreement and also to add fresh clauses from time to time. The rider agreement in this regard shall be executed between the parties within 15 days of the amendment / changes. 16. EVENTS OF DEFAULT If contractor: i) at any time makes default in proceeding with the works or any part of the work with the due diligence and continues to do so after a notice in writing from the Employer; or ii) commits default to complying with any of the terms and conditions of the contract and does not remedy it or take effective steps to remedy it after a notice in writing is given iii) to him in that behalf by the Employer; or fails to complete the work, on or before the stipulated date of completion, and does not complete them within the period specified in a notice given in writing in that behalf by the Employer; IRCTC shall have the right to terminate the agreement forthwith at the cost and consequence of the consultant in the following events:-. a) In event of the consultant being convicted by the court of law under Criminal Procedure Code or any other law. b) In the event of proprietor or firm being judged insolvent, or any proceedings for liquidation or composition under insolvency Act, or the firm dissolved under the Indian Partnership Act or in the consultant being a company, if the company shall pass any resolution to wind up business either compulsorily or voluntarily or is convicted by any court of law. c) Repudiation of agreement by consultant or otherwise evidence of intention not bound by agreement, d) Failure to comply with any statutory law or non-payment of any of the statutory taxes. In such case IRCTC shall be entitled to forfeit the whole or in part of the security deposit/license fee/cash besides terminating the agreement. 17. Labour Law and Other Regulations- It is distinctly understood by the bidder that the employees engaged by it will be deemed to be its employees and the bidder will be entirely responsible for compliance of all laws and rules governing employment of such employees. It shall also be responsibility of the bidder to comply with all laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and order of any governmental authority including municipal authorities. 18. Applicable Law and Arbitrations - This Agreement shall in all respects be governed by and interpreted according to the laws of India. In case of any dispute it shall be 10

11 compulsory to first submit the same to the Arbitration of a Sole arbitrator who shall be an officer of IRCTC or any other person to be appointed by CMD / IRCTC after a request is made in writing by the consultant or IRCTC. The decision of the Arbitrator shall be final and binding on both the Parties. The language of Arbitration shall be English and venue New Delhi and jurisdiction of the Courts of New Delhi only. 19. Contractor will not generate any financial liabilities on encumbrance on IRCTC from its subcontractors, banks or other financial agencies and material suppliers. 20. Any notice to be served on Bidder shall be deemed to be sufficiently served if delivered at or sent by registered post addressed to the Bidder at their registered office or last known place of business. Any notice to be served by the Bidder on the contract shall be deemed to be sufficiently served if, left at the office/sent by registered post/courier addressed to Group General Manager (Infrastructure) at its Corporate Office at 11 th Floor, B-148, Statesman House, Barakhamba Road, New Delhi Telefax: All notices to be given on behalf of IRCTC and all other actions to be taken by IRCTC may be given or taken on behalf of IRCTC by Group General Manager (Infrastructure) or any other officers for the time being entrusted with such functions, duties and powers by IRCTC. 22. Force Majeure Clause. If at any time, during the contingence of the RFP, the performance in whole or in part by either party of the obligation under the RFP is prevented or delayed by reason of any war, or hostility, acts of the public enemy, civil commotion, sabotage, accidents, fires, floods, explosions, epidemic, quarantine restrictions, strikes, lockouts, or acts of God or such eventualities which are beyond the control of the party, herein after referred as events and provided notice of happening of any such eventuality is given by either party to the other within seven days from the date of occurrence thereof. Neither party shall by reason of such event, be entitled to terminate the Contract, nor shall either party have any claim for damages against the other in respect of such non performance or delay in performance and deliveries under the Contract shall be resumed as soon as practicable after such events as they come to an end or ceased to exist. 23. Suspension of work i) The firm shall, on receipt of the order in writing of the Employer (whose decision shall be final and binding on the contractor) suspend the progress of works or any part thereof for such time and in such manner as the Employer may consider necessary so as not cause any damage or injury to the work already done or endanger the safety thereof for any of following reasons. a) On account any default on the part of the firm, or b) For proper execution of the works or part thereof for reasons other than the default of the contractor, or c) For safety of the works or part thereof. The contractor shall, during such suspension, properly protect and secure the works to the extent necessary and carry out the instructions given in that behalf by the Employer / Consultant. ii) If the suspension is ordered for reasons (b) and (c) in sub-para (i) above : The contractor shall be entitled to an extension of time equal to the period of every such suspension. No compensation whatsoever shall be paid on this account. If the works or part thereof is suspended on the orders of the Employer for more than three months at a time, except when suspension is ordered for reason (a) in sub-para (i) above, the 11

12 contractor may after receipt of such order serve a written notice on the Employer requiring permission within fifteen days from receipt by the Employer of the said notice, to proceed with the work or part thereof in regard to which progress has been suspended and if such permission is not granted within that time, the contractor, if he intends to treat the suspension, where it affects only a part of the works as an omission of such part by the Employer or where it affects whole of the works, as an abandonment of the works by the Employer, shall within ten days of expiry of such period of 15 days give notice in writing of his intention to the Employer. In the event of the contractor treating the suspension as an abandonment of the contract by the Employer, he shall have no claim to payment of any compensation on account of any profit or advantage which he might have derived from the execution of the work in full but which he could not derive in consequence of the abandonment. He shall, however, be entitled to such compensation, as the Employer on the recommendations of the Employer may consider reasonable, in respect of salaries and / or wages paid by him to his employees and labour at site, remaining idle in consequence adding to the total thereof 2% to cover indirect expenses of the contractor provided, the contractor submits his claim supported by details to the Employer within 30 days of the expiry of the period of 3 months Foreclosure of contract due to abandonment or reduction in scope of work If at any time after acceptance of the tender, the Employer decides to abandon or reduce the scope of the work for any reason whatsoever and does not require the whole or any part of the works to be carried out, the Employer shall give notice in writing to that effect to the contractor and the contractor shall act accordingly in the matter. The contractor shall have no claim to any payment of compensation or otherwise whatsoever, on account of any profit or advantage which he might have derived from the execution of the works in full but which he did not derive in consequence of the foreclosure of the whole or part of the works Cancellation of contract in full or part If contractor: iv) at any time makes default in proceeding with the works or any part of the work with the due diligence and continues to do so after a notice in writing from the Employer; or v) commits default to complying with any of the terms and conditions of the contract and does not remedy it or take effective steps to remedy it after a notice in writing is given vi) to him in that behalf by the Employer; or fails to complete the work, on or before the stipulated date of completion, and does not complete them within the period specified in a notice given in writing in that behalf by the Employer; or The Employer may, without prejudice to any other right or remedy which shall have accrued or shall accrue hereafter to Employer, by a notice in writing to cancel the contract as a whole or only such items of work in default from the Contract. The Site Engineer shall on such cancellation by the Employer have powers to: take possession of the site and any materials, constructional plant, implements, stores, etc. thereon; and / or carry out the incomplete work by any means at the risk and cost of the contractor. On cancellation of the contract in full or in part, the Employer through Employer shall determine what amount, if any, is recoverable from the contractor for completion of the works or part of the works or in case the works or part of the works is not to be completed, the loss or damage suffered by Employer. In determining the amount, credit shall be given to the contractor for the value of the work executed by him up to the time of cancellation, the value of contractor s materials taken over and incorporated in the work and use of plant and machinery belonging to the contractor. 12

13 Any excess expenditure incurred or to be incurred by Employer in completing the works or part of the works or the excess loss or damages suffered or may be suffered by Employer as aforesaid after allowing such credit shall without prejudice to any other right or remedy available to Employer in law be recovered from any moneys due to the contractor on any account, and if such moneys are not sufficient the contractor shall be called upon in writing and shall be liable to pay the same within 30 days. If the contractor shall fail to pay the required sum within the aforesaid period of 30 days, the Employer shall have the right to sell any or all of the contractors unused materials, constructional plant, implements, temporary buildings, etc and apply the proceeds of sale thereof towards the satisfaction of any sums due from the contractor under the contract and if thereafter there be any balance outstanding from the contractor, it shall be recovered in accordance with the provisions of the contract. Any sums in excess of the amounts due to Employer and unsold materials, constructional plant, etc., shall be returned to the contractor, provided always that if cost or anticipated cost of completion by Employer of the works or part of the works is less than the amount which the contactor would have been paid had he completed the works or part of the works, such benefit shall not accrue to the contractor. 26.0Settlement of Disputes and Arbitration 26.1 The contractor shall not be entitled to make any claim whatsoever against the Purchaser under or by virtue of or arising out of this contract, nor shall the Purchaser entertain or consider any such claim if made by the Contractor, after he shall have signed a No Claim certificate in favour of the Purchaser, after the contract is finally completed. The contractor shall be debarred from disputing the correctness of the items covered by No claim Certificate or demanding a reference of Arbitration in respect thereof Matters finally determined by the Purchaser: All disputes and differences of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the contract or after their completion and whether before or after the termination of the contract, shall be referred by the Contractor to the purchaser and the purchaser shall within a reasonable time period after their presentation make and notify decisions thereon in writing. The directions, classification, measurements, drawings and certificates with respect to any matter the decision of which is specifically provided for by these or other special conditions, given and made by the purchaser, or by the officer on behalf of the purchaser, are matters which are referred to hereinafter as Excepted Matters and shall be final and binding upon the contractor and shall not be set aside on account of any informality, omission, delay of error in proceeding in or about the same for any other ground or for any other reason and shall be without Appeal Demand for arbitration: In the event of any dispute or difference or differences between the parties hereto as to the construction or operation of this contract, or the respective rights and liabilities of the parties, on any matter in question, dispute or differences on any account, or as to the withholding by the purchaser of any certificate to which the contractor may claim to be entitled to, or if the purchaser fails to make a decision within a reasonable time, then and in any such case, the contractor, till 90 days of presenting his final claim on disputed matters may demand in writing that the dispute or difference be referred to arbitration. Such demand for arbitration shall specify the matters, which are in question, dispute or the difference, and only such dispute, or difference of which the demand has been made and no other shall be referred to arbitration. 13

14 26.4 On a demand for arbitration being received, the disputed matters shall be referred to the two member arbitration panel- one appointed by the purchaser and the other from the panel submitted by the bidder duly appointed by MD/IRCTC. Umpire will be nominated mutually by the two appointed Arbitrators. It will be of no objection that the arbitrator is a Government Servant/ Officer and that he had to deal with the matters to which the contact relates or that in the course of his duties as a Government Servant/Officer he has expressed views on all or any of the matter in dispute or difference. The award of the arbitrations shall be final and binding on the parties to this contract. In the event of the arbitrator dying, neglecting or refusing to act or resigning or being unable to act for any reason or his award being set aside by the court for any reason, shall be lawful for the Managing Director, IRCTC to appoint another arbitrator in place of the outgoing arbitrator in the manner aforesaid The venue of arbitration shall be the place from which the acceptance of bid is issued or such other place as the Chairman & Managing Director, IRCTC at his discretion, may determine Upon every and any such reference, the assessment of costs incidental to the reference and award respectively shall be in the discretion of the arbitrator If the Contractor does not prefer his specific and final claims in writing, within a period of 60 days of receiving the intimation from the purchaser that the final bill is ready for payment, he will be deemed to have waived his claim(s) and the purchaser shall be discharged and released of all liabilities under the contract in respect of those claims. 27 Obligation during pendency of arbitration: Work/Purchases under the contract unless otherwise directed by the purchaser will continue during the arbitration proceedings and no payment due or payable by the purchaser shall be withheld, except payments involved in the dispute, on account of such proceedings provided, however, it shall be open for arbitrator or arbitrators to consider and decide whether or not such work should continue during arbitration proceedings. 28 The Arbitrator shall have power to call for such evidence by way of affidavits or otherwise as the Arbitrator shall think proper, and it shall be the duty of the parties here to be or cause to be done all things as may be necessary to enable the Arbitrator to make the award without any delay. 29 Subject to as aforesaid, Arbitration and Conciliation Act 1996 and the Rules there under any statutory modification thereof shall apply to the Arbitration proceedings under this Article. 30 The jurisdiction for settlement of any disputes through Court under this contract shall be at Delhi Except where otherwise provided in the contract, all questions and disputes relating to the meaning of the specifications, design, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of the or relating to the contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works or the execution or failure to execute the same whether arising during the progress of the work or after the cancellation, termination, completing or abandonment thereof shall be dealt with as mentioned hereinafter: 14

15 32.0 If the contractor considers any work demanded of his to be outside the requirements of the contract, or disputes any drawings, record or decision given in writing by the Site Engineer any matter in connection with or arising out of the contract or carrying out of the work, to be unacceptable, he shall promptly within 7 days request the Employer in writing for written instruction or decision. Thereupon, the Employer shall give his written instruction or decision within a period of one week from the receipt of the contractor s letter. If the Employer fails to give his instructions or decision in writing within the aforesaid period or if the contractor is dissatisfied with the instructions or decision of the Employer, the contractor may within 7 days of the receipt of Employer s decision, appeal to the Employer who shall afford an opportunity to the contractor to be heard, if the letter so desires, and to offer evidence in support of his appeal. The Employer shall give his decision within 15 days of receipt of contractor s appeal. If the contractor is dissatisfied with this decision, the contractor shall within a period of 30 days from receipt of the decision, give notice to the Employer for appointment of a sole arbitrator failing which the said decision shall be final binding and conclusive and not referable to adjudication by the arbitrator For the purpose of appointing the sole arbitrator referred to above, the Employer will send within thirty days of receipt by him the written notice aforesaid to the contractor a panel of three names of persons who shall be presently unconnected with the organization for which the work is executed The contractor shall on receipt by him of the names as aforesaid select any one of the persons named to be appointed as a sole arbitrator and communicate his/her name to the Employer within thirty days of receipt by him of the names. The Employer shall thereupon without any delay appoint the said person as the sole arbitrator. If the contractor fails to communicate such selection as provided above within the period specified, the Employer shall make the selection and appoint the selected person as the sole arbitrator. If the Employer fails to send to the contractor the panel of three names as aforesaid within the period specified, the Contractor shall send to Employer a panel of three names of three persons who shall be unconnected with either party. The Employer shall on receipt by him of the names as aforesaid select any one of the persons named to be appointed as a sole arbitrator and communicate his / her name to the contractor within thirty days of receipt by him of the names If the arbitrator so appointed is unable or unwilling to act or resigns his appointment or vacates his office due to any reason whatsoever, another sole arbitrator shall be appointed as aforesaid. Such person shall be entitled to proceed with the reference from the stage at which it was left by his predecessor. 36. The work under the contract shall however continue during the arbitration proceedings and no payment payable to the contractor relating to the disputed items shall be withheld on account of such proceedings The arbitrator from time to time with the consent of the parties enlarge the time for making and publishing the award The arbitrator shall give a separate award in respect of each dispute or difference referred to him. The arbitrator shall decide each dispute in accordance with terms of the contract and give a reasoned award It is a term of this contract that the party invoking arbitration shall give a list of disputes with amounts claimed in respect of each such dispute alongwith the notice 15

16 for appointment of arbitrator and giving reference to the rejection by the Employer of the appeal It is also a term of this contract that no person other than a person appointed by such Employer, as aforesaid should act as arbitrator and if for any reason that is not possible, the matter shall not be referred to arbitration at all It is also a term of this contract that if the contractor does not make any demand for appointment of arbitrator in respect of any claims in writing as aforesaid within 60 days of receiving the intimation from the Employer that the final bill is ready for payment, the claim of the contractor shall be deemed to have been waived and absolutely barred and the Employer shall be discharged and released of all liabilities under the contract in respect of these claims. Further it is agreed that for the purpose of this clause such notice is deemed to been received by the contractor within two days of posting of the letter by IRCTC or delivered by hand immediately after receipt thereof by the contractor whichever is earlier. Further a letter signed by the officials of the IRCTC that the letter was posted to the contractor shall be conclusive The arbitration shall be conducted in accordance with the provisions of the Arbitration and conciliation Act, 1996(26 of 1996) or any statutory modifications or re-enactment thereof and the rules made thereunder and for the time being in force shall apply to the arbitration proceeding under this clause It is also a term of this contract that the arbitrator shall adjudicate on only such disputes as are referred to him by the appointing authority and give separate award against each dispute and claim referred to him and in all cases where the total amount of the claims by any party exceeds.50,000/-, the arbitrator shall give reasons for the award It is also a term of the contract that if any fees are payable to the arbitrator, these shall be paid equally by both the parties. It is also a term of the contract that the arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties calling them to submit their statement of claims and counter statements of claims. The venue of the arbitration shall be such place as may be fixed by the arbitrator in his sole discretion. The fees, if any, of the arbitrator shall, if required to be paid before the award is made and published, be paid half and half by each of the parties. The cost of the reference and of the award (including the fees, if any, of the arbitrator) shall be in the discretion of the arbitrator who may direct to any by whom and in what manner, such costs or any part thereof shall be paid and fix or settle the amount of costs to be so paid. 43.0The award of the arbitrator shall be final and binding on both parties Corrupt Practices 44.1 The Contractor shall not offer or give or agree to give to any person in the employment of the IRCTC or working under the order of IRCTC any gift or consideration of any kind as an inducement or reward for doing or for bearing to do or for having done or for borne to do any act in relation to the obtaining or execution of the contract or any other contract with the IRCTC or for showing any favour or for bearing to show disfavour to any person in relation to the contract or any other contract with the IRCTC. Any breach of the aforesaid condition by the Contractor. or anyone employed by him or acting on his behalf (whether with or without the knowledge of the Contractor) or the commission of any offence by the Contractor or by any one employed by him or acting on his behalf under Chapter IX of the Indian Penal Code, 1860 or the Prevention of Corruption Act, 1947 or any other act enacted 16

17 for the prevention of corruption by public servants shall entitle the IRCTC to cancel the contract and all or any other contracts with the Contractor- and to recover from the Contractor the amount of any loss arising from such cancellation Any dispute or difference in respect of either the interpretation effect or application or the above condition or of the amount recoverable thereunder by IRCTC from the Contractor, shall be decided by IRCTC, whose decision thereon shall be final and binding on the Contractor, 45.0Insolvency and Breach of Contract 45.1 The Purchaser may at any time. by notice in writing summarily determine the contract without compensation to the Contractor in any of the following events, that is to say:- (a) if the Contractor being an individual or if a firm, any partner thereof, shall at any time, be adjudged insolvent or shall have a receiving order or order for administration of his estate made against him or shall take any proceeding for composition under any Insolvency Act for the time being in force or make any conveyance or assignment of his effects or enter into any assignment or composition with his creditors or suspend payment or if the firm be dissolved under the Partnership Act, or (b) if the Contractor being a company is wound up voluntarily or by the order of a Court or a Receiver, Liquidator or Manager on behalf of the Debenture-holders is appointed or circumstances shall have arisen which entitle the Court or Debenture -holders to appoint a Receiver, liquidator or Manager or (c) if the Contractor commits any breach of the contract not herein specifically provided for. 'Provided always that such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter to IRCTC and provided also the Contractor shall be liable to pay to IRCTC for any extra expenditure he is thereby put to and the Contractor shall, under no circumstances, be entitled to any gain on re-purchase Laws governing the Contract This contract shall be governed by the laws of India for the time being in force the contract shall be deemed to have been made at the place from which the acceptance of tender has been issued Jurisdiction of courts The Courts of jurisdiction shall be New Delhi only. General condition of the contract will be applicable. GCC can be seen in the office of Group General Manager/Infra., 11 th Floor Statesman House, B-148, Barakhamba Road, New Delhi. 17

18 TENDER APPLICATION (on letter head of firm) Annexure A GGM (Infrastructure), IRCTC Ltd, B-148, 11 th floor Statesman House, Barakhamba Road, New Delhi I/We have read the various conditions to tender attached here to and hereby agree to abide by the said conditions. I/We also agree to keep this tender open for acceptance for a period of 90 (Ninety) days from the date fixed for opening the same and in default thereof I/We will be liable for forfeiture of my/our earnest money. I/We offer to do this work of Hiring Consultancy Services preparing Feasibility Report for Taking over of Retiring Rooms at various Indian Railway Stations at the rates quoted by us in the Bid document and hereby bind myself/ourselves to complete the work in all respects within time period of 04-Weeks from the date of issue of letter. I/We also hereby agree to abide by the General Condition of Contract and to carry out the work according to the Special Conditions of Contract and specifications for material and works as laid down by the IRCTC Ltd. 1. A sum of 15,000/- is herewith forwarded as earnest money. The full value of the earnest money shall stand forfeited without prejudice to any other rights or remedies if I/We resile from my/our offer or modify the terms and conditions thereof in a manner not acceptable to the IRCTC Ltd. during a period of 90 (Ninety) days from the date of opening of tender. 2. The amount of earnest money in the form of DD/Pay Order favoring IRCTC Ltd., payable at New Delhi vide No. dated is attached. I/we have clearly noted that the earnest money in the form of Bank Guarantee Bond is not acceptable. 3. We also understand that the quantities of various items of works will be finalized by IRCTC in consultation with the consultant and user department and the work will be executed by us as per final decision of IRCTC and claim will be as per actual quantity executed and as per rates quoted in the tender without any extra claim. We are therefore agreeable in case some of the items are deleted from the scope without making any claim/damages. We hereby declare that all the information and statements made in this Proposal are true and accept that any misleading information contained in it may lead to our disqualification. We also agree to accept the terms and conditions of the RFP. Signature of the Tenderer/s Tenderer/s Address (complete postal address to be given) 18

19 S. No. PARTICULARS OF THE FIRM Annexure `B` Particulars Details Page Nos. 1. Name and full address of the bidder with telephone and Fax number (s) and contact person. Office: Name and address of the contact person along with the telephone Nos. 2. Details of earnest money deposit (EMD) 15,000/- through Demand Draft/ Bankers Cheque, in favour of Indian Railway Catering and Tourism Corporation Ltd., payable at New Delhi 4. Status of the bidder:- Company / Partnership firm / proprietorship firm. Please specify. 5. In case of Company please enclose a certified Memorandum and Articles of Association along with certificates of incorporation and commencement of business etc and list of present Directors with addresses. 6. In case of partnership firm- please enclose, Name of the partners with complete address, certificate of registration (if any), partnership deed duly attested by Notary and Power of Attorney duly attested by Notary if any executed in favour of any person (s) by any partner/partners to act on behalf of the Partners/Firm. 7. In case of proprietorship firm, name of the proprietor with complete address and power of attorney duly attested by notary if any executed in favour of any persons by proprietor to act on behalf of the proprietor/firm. 8. Service Tax Registration No. 19

20 13. Sales / VAT registration, if applicable 14. Copy of Permanent Account Number (PAN) allotted by Income Tax Dept. 15. Certificate of the Proprietor /Partner /Director that the firm has not been banned / blacklisted by any other PSU/Railways or Ministry of Railways. Note:- 1. IRCTC reserve the right to office etc or through any other agency as notified by IRCTC. 2. IRCTC reserves the right to cancel the Tender process at any time without assigning any reasons. I/ We do hereby declare that to the best of my/our knowledge and belief, the information given and the annexures and documents accompanying it are correct, complete and truly stated and also that we shall be bound by the acts of my/ our duly constituted attorney. I/We hereby understand that the submission of offers/ bids does not guarantee award of tender. I/We further understand that in case of any information submitted by me/ us being found to be incorrect either before or even after the award of tender or if the documents / information submitted by me / us are found to be forged / false, IRCTC will have the right to summarily reject the bid, cancel the tender or revoke the same at any time and forfeit the security deposit without assigning any reason whatsoever. This will be in addition to any other action that purchaser may deem fit in the facts and circumstances of the case. Date: (Signature of the Applicant) SEAL Name.. Address:. 20

21 SUBMISSION OF KEY CREDENTIAL Assignment /Project Name: Approx value of the contract: Annexure C Country: Duration of Assignment: Location within Country: Name of Client/Sponsoring Authority: Total No. of Staff-Months: Start Date (Month/Year): No. of professional staff months provided by associated Consultants: Completion Date (Month/Year): Name of Associated Consultants, if any Name of Senior Staff (Project Director / Coordinator, Team Leader) involved and functions performed: Address/Client Contact: Approx value of services provided by your firm: Narrative Description of Project: Description of Actual Services Provided by Your Staff: 21