CIN No.

U74899DL1999GOI101707
Website: www.irctc.com Email id: [email protected]

Open E- Tender bid Document to engage Manpower Service Provider

for Outsourcing of support staff/ manpower for various Services.

Date of Pre-bid meeting : 20.08.2019 at 11.00 hrs

Last date and Time of Submission of bids : 05.09.2019 up to 15:00 hrs

Date and Time of Opening of bids : 05.09.2019 up to 15:15 hrs

Earnest Money deposit : Rs. 05 lakhs

In case 05.09.2019 is declared holiday, the NIT will be opened at the same time on the
next working day.

OPEN E-Tender No.2019/IRCTC/HRD/OS/NIT

Group General Manager/ HRD

M/s Indian Railway Catering and Tourism Corporation Ltd.
Corporate Office- 12th Floor, Statesman House Building, B-148,
Barakhamba Road, New Delhi – 110 001
Ph. 011 23701175
Email id: [email protected]

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 INDIAN RAILWAY CATERING AND TOURISM CORPORATION LTD

E-Tender No.2019/IRCTC/HRD/OS/NIT
TABLE OF CONTENTS

Sr. DESCRIPTION Page No.

NO From-To
.1. Forwarding letter by Tenderer(s) 3–4

2. Section 1 Notice for Inviting Tender (NIT) 5–7

3. Section 2 Disclaimer 8–8

4. Section 3 Information and Instructions to Tenderer(s) 9 – 15

5. Section 4 General Terms and Conditions of Contract 16 – 25

6. Section-5 Special Conditions of Contract and 27--30

Specifications
7. Annexure -I Technical Bid Format 31 – 31

8. Annexure- II Certificate of no relative being an employee of 32 – 32

IRCTC
9. Annexure- III Details of works completed in last 3 Financial Year 33 – 33
including current Financial year.
9. Annexure- IV Annual Contractual Turnover of last three 34 – 34
Financial year
10. Annexure- V Declaration 35 – 35

11. Annexure- VI Financial Bid Format 36--36

End of Tender Document

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 INDIAN RAILWAY CATERING AND TOURISM CORPORATION
LTD.
(A Govt. of India Enterprise-Mini Ratna)
Corporate Office, 12th Floor, A Wing, Statesman Building, B-148,
Barakhamba Road, New Delhi

CIN:U74899DL1999GOI101707 Website:www.irctc.com, Email: [email protected]

Forwarding Letter by Tenderer(S)

To,
Group General Manager (HRD),
IRCTC,
New Delhi

Name of Work: Engagement of manpower service provider for providing

Manpower Services to IRCTC at Corporate Office, Zonal Offices and Regional
Offices situated in Major Cities across India.

Ref:

a) I / We _________________have read the general guidelines and bid document

attached hereto containing the Terms and Conditions, draft agreement and agree
to abide by such conditions. I / We offer the Bid for License for providing
Manpower Services to IRCTC at Corporate Office, Zonal Offices and Regional
Offices situated in major cities across India and hereby bind myself / ourselves
to complete all the formalities from time to time as required.

b) I / We hereby understand that the submission of offers / bids does not guarantee
allotment of contract for providing Manpower Services to IRCTC at Corporate
Office, Zonal Offices and Regional Offices situated in Major Cities across
India.

c) I / We further understand that in case of any information submitted by me / us

being found to be incorrect, IRCTC will have the right to summarily reject the
bid, cancel the contract or revoke the same with forfeiture of EMD/Security
Deposit including debarment for a period of 2 years at any time without
assigning any reason whatsoever.
d) I / We further agree to execute an agreement to abide by the general and special
conditions of contract for providing Manpower Services to IRCTC at Corporate
Office, Zonal Offices and Regional Offices situated in Major Cities in major
cities across India. In case of acceptance of Bid by the IRCTC, I / We bind
myself / ourselves to execute the agreement awarded to me / us and to
commence the work as per the conditions of the work order failing which, I /
We shall have no objection to the forfeiture of full Earnest Money Deposit
(EMD), deposited by us with IRCTC, New Delhi in addition to other penalties
specified under the terms of contract.

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e) IRCTC and its representatives are hereby authorized to conduct any inquiries or
investigations or seek clarifications or verify any statements, documents and
information submitted in connection with this bid.
f) On account of non-acceptance of award or on account of not fulfilling tender
conditions within the prescribed time, I/We shall be debarred by IRCTC for
further participation in the future tenders of IRCTC for a period of one year.

I / We do hereby confirm that I / We have the necessary authority and approval

to submit this bid for providing various Manpower Services to IRCTC at
Corporate Office, Zonal Offices and Regional Offices situated in all over India.

A notice or letter of communication addressed to me / us at the given address

given in the Bid, even by ordinary post/e-mail will be deemed to be valid and
proper notice of intimation to me/us.

Authorized signatory

Name, Designation and seal

Address:
……………………………..
…………………………….

e-mail: ……………………..

Tele & Fax ……………….

4
 INDIAN RAILWAY CATERING AND TOURISM CORPORATION
LTD.
(A Govt. of India Enterprise-Mini Ratna)
12th Floor, A Wing, Statesman Building, B-148,
Barakhamba Road, New Delhi

CIN:U74899DL1999GOI101707 Website:www.irctc.com, Email: [email protected]

SECTION:-1
NOTICE INVITING E-TENDER

E-TENDER FOR ENGAGMENT OF MANPOWER SERVICE PROVIDER FOR

OUTSOURCING MANPOWER SERVICES FOR IRCTC CORPORATE OFFICE,
ZONAL OFFICES AND REGIONAL OFFICESS SITUATED IN MAJOR CITIES
ACROSS INDIA.
Description of job
PROVIDING SUPPORT STAFF(OUTSOURCE BASIS) TO
IRCTC CORPORATE OFFICE /ZONAL OFFICE/REGIONAL
OFFICESS IN MAJOR CITIES ACROSS INDIA.

Tender No. E-Tender No.2019/IRCTC/HRD/OS/NIT

Name of Work/Job Description Providing support staff (outsource basis) to IRCTC Corporate
Office/Zonal Office/Regional Offices situated in major cities
across India.

Estimated Cost of Work Rs. 23 Crores (Approx.)

Completion Period 2 (Two) Years.
Type of BID Two Packet Open Tender
Earnest Money Rs. 5,00,000/- to be paid through tender site only
Date and time of submission of
up to 15:00 Hrs. on date 05.09.2019
filled tender document
Date and time of opening of
at 15:15 Hrs on date 05.09.2019
Tender
Indian Railway Catering and Tourism Corporation Ltd. Corporate
Address for Communication Office,12th Floor, Statesman Building, B-148, Barakhamba Road,
Corporate Office New Delhi-110001.

1.1 Period of Work - The contract shall be for a period of 2 years initially from the
date of the award of the contract unless it is curtailed or terminated by IRCTC
owing to deficiency of service, sub-standard quality of data entry operators
deployed, breach of contract provisions etc. This contract is extendable by another
one year in the same terms & conditions subject to the satisfactory performance of
the Manpower Service Provider agencies and requirement of IRCTC.
1.2 Bidder is required to deposit EMD of Rs. 5 lakhs through tender web site
itself prior to submission of E-Tender. EMD deposited in any other account
of IRCTC or any other process will not be considered and such offers will be
summarily rejected.

1.3 The Bids will consist of two packet system i.e. Technical and Financial Bids.
Technical Bid will consist of Technical and other conditions as laid down in the
Bid document. Financial Bid shall consist of the financial aspects as per
conditions laid down in the Bid document.

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1.4 Evaluation of Tender, Financial bid would be selected on the basis of lowest
service charge quoted by the Tenderer(s) on the services being provided as per
scope of work as indicated at Section-5 i.e. Special conditions of Contract &
specifications, para 5.1(Scope of work) of the Tender Document. The service
charge necessarily has to be over and above Zero percent. Further, Zero percent
included all the derivatives of Zero upto 0.9999.

1.5 The successful tenderer shall be intimated about the Award of Work and EMD of
other tenderers shall be returned without any interest within120 days from the date
of opening of E-Tender.

1.6 Indian Railway Catering and Tourism Corporation Limited., reserves the right to
reject any/all E-Tenders without assigning any reason.

1.7 The Notice for Inviting E-Tender and Instruction to tenderers, Special Conditions,
Technical Criteria, Offer Forms, E-Tender Schedule shall form the part of Tender
Documents. This document consists of 36 pages including one index page and one
cover page.

Note: EMD & Tender Cost will be exempted for firms registered under MSME &
NSIC.

1.8 In case there are two or more suitable bidders, distribution will be in ratio of
70:30 between L1 & L2 by giving counter offer of L1 rate to L2 firm. In case L2
firm does not accept counter offer, 100% quantity will be given to L1 bidder.

1.9 The manpower service provider should have EPF, ESI, CLRA Regis., PAN, GST
registration and other registrations under applicable laws and should submit the
documents as described in Annexure- V.

1.10 In case the tenderer (s) do not submit any proof for meeting with the eligibility
criteria as laid down in the tender notice and tender conditions, along with the
tender, the offer shall be considered as in-complete/unresponsive and the
application will be rejected.

1.11 Individual, Proprietorship or partnership firms, companies fulfilling the eligibility

criterion are eligible to participate in the tender. The information and relevant
document be attached as provided hereunder:
Proprietorship Firms:
i) Name of the proprietor
ii) Complete address of the proprietor
iii) Power of Attorney (duly attested by the public notary with notarial
stamp affixed there on) if any executed in favour of any persons by the
proprietor to act on his behalf or on behalf of the firm
iv)Address of the person in whose favour the power of attorney has been
executed by the proprietor.
Partnership Firms:
i) Name of the partners
ii) Complete address of the partners;
iii) Partnership Deed (Photocopy duly attested with notarial stamp); and
iv) Power of attorney if any executed by any partner / partners duly attested
by public notary with notarial stamp affixed thereon.
v) Certificate of Registration with Registrar of firms.

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Company:

i) An attested copy of the certificate of incorporation issued by the

Registrar of Companies, attestation should be done by Notary Public with
Notarial Stamp;
ii) A certified copy of Memorandum and Articles of Association of the
Company:
iii) Name and address of the present Directors if not mentioned in the
Memorandum and Articles of Association.
iv) Copy of Board resolution in favour of the Authorised Signatory for
signing the Tender Documents and other papers in connection with this
contract.

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 SECTION:-2

DISCLAIMER

2.1 Indian Railway Catering & Tourism Corporation Ltd., herein after mentioned
as “IRCTC” does not make any representation or warranty as to the accuracy,
reliability or completeness of the information in this Bid Document. Therefore,
each Bidder should conduct their own investigations and analysis and check the
accuracy, reliability and completeness of the information in this Bid Document and
obtain independent advice from appropriate sources. The Bidder shall bear all its
costs associated with the preparation and submission of its Bid including expenses
associated with any clarifications which may be required by IRCTC or any other
costs incurred in connection with or relating to its Bid. All such costs and expenses
will remain with the Bidder and IRCTC shall not be liable in any manner.

2.2 IRCTC will have No liability to any Bidder or any other person under the law of
contract, tort, the principles of restitution or unjust enrichment or otherwise for any
loss, expense or damage which may arise from or be incurred or suffered in
connection with anything contained in this Bid Document, any matter deemed to
form part of this Bid Document, the award of the License, the information and any
other information supplied by or on behalf of Railway/IRCTC or otherwise arising
in any way from the selection process of the License.

2.3 The issue of this Document does not imply that IRCTC is bound to select the
Bidder or to appoint the Selected Bidder. IRCTC reserves the right to reject any or
all of the Bids submitted in response to this Bid Document at any stage without
assigning any reason whatsoever. IRCTC also reserves the right to withhold or
withdraw the process at any stage with intimation to all Bidders who have
submitted the Bid.

2.4 IRCTC reserves the right to change/ modify/amend any or all of the provisions of
this Bid Document at any stage.

2.5 Each Bidder’s acceptance of delivery of this Tender constitutes its agreement to,
and acceptance of the terms set forth in this Disclaimer. By acceptance of this
Tender, the recipient agrees that this Tender and any information herewith
supersedes document(s) or earlier information, if any, in relation to the subject
matter hereof.

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 SECTION:-3

Providing support staff (outsource basis) to IRCTC Corporate Office/Zonal

Office/Regional Offices situated in all over India.

3. INSTRUCTIONS TO TENDERERS

The Indian Railway Catering and Tourism Corporation Limited (IRCTC) proposes to
obtain E- quotations FOR ENGAGMENT OF MANPOWER SERVICE PROVIDER
FOR PROVIDING SUPPORT STAFF(OUTSOURCE BASIS) FOR IRCTC
CORPORATE OFFICE, ZONAL OFFICES AND REGIONAL OFFICESS
SITUATED IN ALL OVER INDIA.

3.1 General:

Date & Time up to which offers will be received : 05.09.2019 by 1500 hrs

Time of Opening Financial Bid (Part B : To be intimated separately to the

tenderers
short-listed on the basis of technical bids.

i. This Tender Document can only be viewed http://www.irctc.com, &

http://www.tenderwizard.com/IRCTC and will be submitted/ received only at
http://www.tenderwizard.com/IRCTC only, as prescribed in “INSTRUCTIONS
TO THE TENDERERS.”

EMD shall be paid through the e-tendering website

www.tenderwizard.com/IRCTC. In case of non submission of the said EMD
through e-tendering website, the bid will be summarily rejected. It may be noted
EMD of Rs 5 lakhs is to be deposited mandatorily. It may also be noted that
EMD deposited in any other account of IRCTC by any other process will not be
adjusted and such offers will be summarily rejected.

ii. To participate in the E- Tender, it is mandatory for the bidders to register

themselves with M/s ITI without any payment on the website
www.tenderwizard.com/IRCTC and obtain User ID & password which is
required for submitting the tender. It may please be noted for submission of bid,
Class-III digital signature is required.

iii. The applicant should upload complete set of documents in support of Eligibility
Criteria.

iv. Corrigendum/Addendum to this Tender, if any, will be published on website

www.irctc.com, www.tenderwized.com/IRCTC No newspaper/ press
advertisement shall be issued for the same.

v. For any difficulty in downloading & submission of tender document on website

www.tenderwized.com/IRCTC, please contact at tenderwizard.com helpdesk
no. 011-49424365 or cell no 8800115628.

vi. The digital signature of the bidder on the E- tender form will be considered as
confirmation that the bidder has read, understood and accepted all the
documents referred to in the tender documents. It may please be noted that in

9
 case of deviation quoted by bidder, offer will be passed over without
further correspondence/communication.

3.2. This E-Tender is based on two bid system i.e. Technical bid and Financial bid.

3.2.1 Technical bid –This shall form the basis of ascertaining the Technical and
Financial credentials of the renderer. Following documents are to be scanned
and uploaded with Technical bid:-

I. Form for Eligibility Criteria for Technical Bid offer form Annexure –I stamped
dated and signed including Annexure II, Annexure –III , Annexure-IV .

All the documents, in support of Technical Bid should be self attested, stamped,
scanned and uploaded.
Please note:- There is no need to upload tender documents and corrigendum
alongwith bid

3.2.2 Financial bid - This shall consist of Offer Form for Financial bid and the E-
Tender schedule duly filled in the format specified herein in accordance
with the instructions and other relevant provisions mentioned in this
Tender document.

(i) The E-Tender schedule- Financial Bid (Annexure-V) is to be filled

electronically in accordance with the instructions and terms given in this
tender document.
3.3.0 Validity:

3.3.1 The submission of any offer and documents shall constitute an undertaking that the
tenderer shall have no cause for and claim, against the Authority for rejection of the
offer. The Authority shall always be at liberty to reject or accept any offer at his
sole discretion and any such action will not be called into question and the tenderer
shall have no claim in that regard against the Authority.

3.3.2 The offer shall be kept valid for acceptance for a minimum period of 120 (one
hundred twenty) days from the date set for opening of E-Tender.

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

3.4 Evaluation of offers: The entire process of evaluation of the offers shall be in two
stages:
3.4.1 Stage I: The Technical bid of all the offers that are received within the date and
time mentioned herein shall be opened after due date and time. The technical
suitability of the tenderers shall be evaluated based on eligibility criteria and
verification of the document submitted by tenderer with the technical bid. The
financial bid of only those tenderers shall be opened who are shortlisted in stage I.

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 3.4.2 Stage II: The date and time of opening of the Financial Bid shall be intimated to
the shortlisted tenderers and shall be opened at such appointed date and time. Both
the bids will be opened electronically and will be immediately available on tender
uploading site for viewing to bidders. However, if bidders wish they may remain
present at the time of electronic opening of bids at IRCTC, Corporate Office.

3.4.3 During E-Tender evaluation, the IRCTC may, at its discretion, ask the tenderer for
a clarification of its bid. The request for clarification and response shall be in
writing. No change in the price or substance of the E-Tender shall be sought,
offered or permitted, in response.

3.4.4 The E-Tenders received will be evaluated on the basis of least Service
Charge/Handling charge quoted by the Tenderer(s) on the services being provided as
per scope of work as indicated at Section-5 Special condition of Contract &
specifications.

3.5.0 Rates

3.5.1 The bidders are required to quote a % of Service charge/ handling charge. The
service charge necessarily has to be over and above Zero percent. The GST
applicable will be paid extra.
3.5.2 The lowest rate (%) quote received against this E-Tender shall be valid for a period
mentioned in ‘Notice for Inviting E- tender’. IRCTC reserves the right to enhance
contract period beyond the 2 year period solely based on requirement and the
performance on the same rates, terms and conditions.
3.5.4 Prior to the detailed evaluation, IRCTC will determine whether each bid is
complete, and is substantially responsive to the bidding documents. For purposes of
this determination, a substantially responsive bid is one that confirms to all the
terms, conditions and specifications of the Tender Documents without material
deviations, exceptions, objections, conditionality, or reservations. A material
deviation, exception, objection, conditionality, or reservation and also one that the
acceptance of which would unfairly affect the competitive position of other bidders
who have submitted substantially responsive bids.

If a bid is not substantially responsive, it will be rejected by the Authority and may
not subsequently be made responsive by the bidder by correction of the non-
conformity. The Authority’s determination of bid responsiveness will be based on
the contents of bid itself and any written clarifications sought by the Authority in
writing the response to which shall also be in writing and no change in rates shall
be sought, offered or permitted.

3.6.0 Earnest Money:

3.6.1 Bidders are required to deposit EMD through the e-tendering website
www.tenderwizard.com/IRCTC only. In case of non submission of the said
EMD, the bid will be summarily rejected. It may be noted that EMD deposited
in any other account of IRCTC by any other process will not be considered and
such offers will be summarily rejected.
3.6.2 The Earnest Money shall remain deposited with the Authority for a period of
120 days from the date of opening of the E-Tenders.
3.6.3 No interest shall be payable by the IRCTC on the Earnest Money.
3.6.4 The Earnest Money of the successful tenderer will be returned / adjusted after
the Security Deposit as required is furnished.

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3.7.0 E-Tenders are not transferable. The IRCTC reserves the right to reject any or all
of the E-Tenders in part or full at his sole discretion without assigning any
reasons.
3.8.0 The tenderers must ensure that the conditions laid down for submission of offers
detailed in the preceding paras are completely and correctly fulfilled. E-Tenders,
which are not complete in all respects as stipulated above, may be summarily
rejected.

3.9.0 Withdrawal of Bids-

3.9.1 If Bidder withdraws its bid before opening of tender by uploading the letter in e-
tender site, EMD of bidder will be refunded if already deposited.
3.9.2 If bidder withdraws or amends impairs or derogates its bid before opening of
Financial bid in writing and the letter is uploaded in the tender site before
opening of Financial bid, EMD of bidder will be forfeited.
3.9.3 If bidder withdraws or amends, impairs or derogates its bid after opening of
Financial bid, EMD of bidder will be forfeited and bidder will be debarred from
participating any tender in IRCTC for a period of 03 years.

3.10.0 Discrepancies:
Should there be any difference or discrepancy in the description of item
appearing at more than once, the following order of preference shall be
observed:

1. Notice inviting E-Tender

2. Instructions to the Tenderers
3. Technical Bid
4. Financial bid
5. General Terms and Conditions
6. Special Conditions of contract and specifications.

3.11. The submission of any offer connected with this tender document shall
constitute an undertaking that the tenderer shall have no cause or claim, against
IRCTC for rejection of the offer. IRCTC shall always be at liberty to reject or
accept any offer at its sole discretion and any such action will not be called into
question and the tenderer shall have no claim in that regard against IRCTC.

3.12 If it is discovered at any point of time that the Tenderer(s) has suppressed any
fact or given a false statement or has done misrepresentation or fraud or has
violated any of the terms, the offer will be cancelled by the IRCTC. In such an
event, the Service Provider will not be entitled to any compensation whatsoever,
or refund of any other amount paid by him and Service Provider shall be
debarred for a period of one year for participation in all future projects of
IRCTC.

3.13 ELIGIBILITY CRITERIA:

3.13.1.

(a) (I) The manpower service provider who desires to submit response to this
NIT must have executed at least one contract of duration not less than one year
for not less than 500 employees.

II) Two additional contracts of duration not less than one year during last
three financial years i.e. 2016-17, 2017-18 & 2018-19 and current financial
12
 year. The contracts expiring during above mentioned period will be considered.
The contract running for one year on date of tender opening will also be
considered. The service provider will submit copy of contract and satisfactory
performance report of three clients from Govt./PSU/Any reputed organizations
where they have provided similar services as defined in clause 5.1 i.e. Scope of
Work excluding various facility management services i.e. Housekeeping,
Security, Horticulture etc.

(b) Out of three financial years i.e. 2016-17, 2017-18 & 2018-19 and current financial
year, one similar single work should be for a minimum value of 35% of advertised
tender value of work i.e. 8.05 Cr. The contracts expiring during above mentioned
period as per clause 3.13.1 (a) will be considered. The contracts running during
above mentioned period as per clause 3.13.1 (a) and expiring after tender opening
date will be considered. The certificates of client regarding payment will be
considered and certificate is to be uploaded.

(c) The Manpower Service Provider should have turnover amount equivalent to a
minimum of 150% of advertised tender value of work (i.e. Rs. 34.50 Crores)
during 2015-16, 2016-17, 2017-18. For the same, the service provider will have to
upload audited balance sheets and P&L Account of above mentioned financial
years.

Note:
Consortium bidding to fulfill the eligibility criteria of this NIT shall not be allowed
at any stage.

3.14. CHECK LIST:

3.14.1. The Tenderer(s) are requested to duly fill in the checklist annexed as
Annexure-I. The checklist is only a reminder of certain important items, to
facilitate the tenderer(s). This, however, does not relieve the Tenderer(s) of its
responsibility to make sure that his proposal is otherwise complete in all
respects.

3.15 SUBMISSION OF TENDER:

3.15.1 The person signing the bid or any documents forming part of the proposal on
behalf of another or on behalf of a firm or company shall be responsible to
produce a power of attorney duly executed in his favour, stating that he has
the authority to bind such other person or the firm as the case may be, in all
matters pertaining to the contract. If the person so signing the proposal fails
to produce the said power of attorney, his proposal shall be liable to
summarily rejection without prejudice to any other rights of IRCTC under
the law.

3.16.0 AWARD OF CONTRACT:

3.16.1 The IRCTC will issue a Letter of Award (LOA) to the successful
Tenderer, who has to submit letter of acceptance of terms and conditions
of tender document along with security deposit in terms of Clause 3.17.0
within 15 days from the date of issue of letter of award.

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 3.16.2 Unless a formal agreement is prepared and executed, the tender
document, letter of award and acceptance thereof shall constitute a
contract between IRCTC and Tenderer.
3.16.3 The successful Tenderer will be required to execute the Contract
Agreement within 7 days of receipt of notice from IRCTC
Administration that such document is ready, as per
conditions/Instruction mentioned in Tender Document, General
Conditions of Contract and Special conditions of contract.
3.16.4 The successful firm/Tenderer with whom the contract is signed shall
commence the assignment within 15 days from the date of issue of letter
of Award.

3.16.5 All expenses in drawing up the agreement and the cost of stamp duty if
any shall be borne by the tenderer and the original agreement will
remain with IRCTC.

3.16.6 System of Award of Contract – IRCTC reserves the right to engage

manpower service provider on one or more eligible tenderers. Zone of
consideration of such eligible tenderers will be the right of IRCTC.
Quantity distribution ratio between L1 and L2 shall be at the discretion
of IRCTC.

3.16.7 In case there are two or more suitable bidders, distribution will be in
ratio of 70:30 between L1 & L2 by giving counter offer of L1 rate to L2
firm. In case L2 firm does not accept counter offer, 100% quantity will
be given to L1 bidder.

3.16.8 In case two or more manpower service provider offers/quote the same
rate and happens to be L1, the offer will be given to the two firms
having highest and second highest turnover (sum of last three financial
years i.e. 2015-16, 2016-17 & 2017-18) in the ratio of 50:50 or at the
discretion of IRCTC. In such cases, further distributions of L2 as
mentioned in the above para 3.16.7 will not be applicable.

3.17.0 SECURITY DEPOSIT:

3.17.1 The successful bidders are required to deposit a security amount @10% of
the total value of contract subject to upper ceiling of Rs. 10,00,000/-
(Rupees Ten Lakhs only) by way of demand draft in favor of IRCTC Ltd.
New Delhi, from any nationalized bank/Scheduled commercial bank of
India, for proper discharge of its duties. In case of more than one firm
getting award, the security deposit will also be divided proportionally.

3.17.2 In case firm fails to deposit SD (security deposit) in the stipulated time, the
EMD of that firm will be forfeited.

3.17.3 The EMD of the successful bidder shall be refunded after deposit of
Security Deposit. The Security Deposit will be refunded without interest
after the successful completion of work.

3.17.4 No claim shall lie against IRCTC in respect of interest on Security Deposit.
14
 3.17.5 It shall be lawful for IRCTC to forfeit the said security Deposit in whole or
in part in the event of any default, failure or neglect on the part of the
bidder in the fulfillment or performance in all respect of the contract or any
part thereafter to the satisfaction of IRCTC.
3.17.6 IRCTC reserves the right to forfeit the Security deposit amount, completely
or partially or to an extent as decided by IRCTC in the event of failure to
execute the work or incomplete execution of work within reasonable time
period and may debar the bidder for period of one year for participation in
all future projects of IRCTC depending on the extent of failure. In case part
Security Deposit forfeited as mentioned above contractor will recoup the
Security Deposit to full within 15 days of intimation of same.

3.18 VOLUME OF WORK

IRCTC does not guarantee any definite volume of work or any particular
service at any time or throughout the period of contract. IRCTC may withdraw
any service or part thereof at any time without assigning any reason and without
any obligation on IRCTC.

3.19 TERM OF CONTRACT:

The contract of agencies will be initially for a period of 02 years which may be
extended by one year at a time, based on performance of the Manpower service
provider agencies and requirement of IRCTC at the sole discretion of IRCTC.

15
 SECTION-4
4. GENERAL TERMS AND CONDITIONS OF CONTRACT:

General Conditions of contract will form an integral part of the Tender and
contract, which is enclosed along with the tender documents. The tenders
must give a certificate along with their offer that they have thoroughly read,
understood and accepted the General conditions of contract as well as other
conditions of tender etc.

4.1 IRCTC reserves the right to modify, expand, restrict, scrap, refloat or
cancel Tender at any stage without assigning any reasons. Any proposal
for NIT received after the stipulated time period or not in accordance
with the specified format will be summarily rejected. Delivery of the
responses along with documents against the interests at the above
address will be the sole responsibility of the responding agency.

4.2 The agency shall replicate the best recruitment practices prevailing in
Govt / PSUs/Reputed organizations.

4.3 All the terms and conditions as stated in the Proposal documents,
Appendices and letter of Award will be integral part of the contract
between the Manpower Service provider and IRCTC.

4.4 The selected agency/agencies is/are expected to commence the

Assignment on the date and at the location to be specified in the work
order to be issued by IRCTC as per its requirement & on the terms &
conditions specified.

4.5 The man power service provider will ensure that before raising the bill
on IRCTC for the services rendered through resourced Personnel, the
salary payable to such support staff personnel is paid on or before the 1st
day of the following month and a proof of payment shall be annexed to
the monthly bill.
4.6 If any agency fails to pay the remuneration to the remuneration to such
support staff within the stipulated time of 1 st day of the following month,
a suitable penalty as described in the penalty clause (point no. 6 of the
tender document) shall be imposed by IRCTC on the agency.
4.7 Any changes in the terms and conditions of the contract can only be
made in writing and by mutual agreement. The Contract, its meaning and
interpretation, and the relation between the Parties shall be governed by
the laws of India for the time being in force.
4.8 Any notice, request, or consent made pursuant to this Contract shall be
in writing and shall be deemed to have been made when delivered in
person or sent by registered/speed post/courier to an authorized
representative of the Party.
4.9 The Services shall be performed at such locations as specified by
IRCTC from time to time.

16
 4.10 Any action required or permitted to be taken, and any document
required or permitted to be executed, under this contract by IRCTC or
the Manpower Service Provider, may be taken or executed by the
officials authorized.
4.11 Unless otherwise specified, the Manpower Service provider, and their
Personnel shall pay such taxes, duties, fees etc. as may be levied under
Central/State law and the same will not be reimbursed by IRCTC.

4.12 COMMENCEMENT, COMPLETION, MODIFICATION, AND

TERMINATION OF CONTRACT- EFFECTIVENESS OF CONTRACT:

4.12.1 Commencement of Services:

This Contract shall come into effect from the date of issuance of letter of
award. The selected agency is expected to commence the Assignment on
the date and at the location to be specified in the work order to be issued
by IRCTC as per its requirement. If the Manpower Service Provider
fails to commence the assignment within the specified schedule as per
work order, the contract may be terminated and the EMD or the Security
deposit, as the case may be, shall be forfeited

4.12.2 Expiry of Contract:

Unless terminated earlier, this Contract shall expire at the end of such
time period after the effective date as specified in clause 3.19 above.

4.12.3 Modification:

After award of the contract, any minor changes in the modus of

implementation may be agreed to, mutually in writing.

4.12.4 Subletting:

The Manpower Service Provider shall not sublet, transfer or assign the
contract or any part thereof to other party. In the event of the Manpower
Service provider contravening this condition, IRCTC shall be entitled to
terminate the contract and get the work done through other party at the
risk & cost of the Manpower Service provider. In such case the Security
Deposit of the selected Manpower Service provider, will be forfeited.

4.12.5 Termination:

i) By Corporation (IRCTC)
IRCTC may terminate this Contract, by giving 7 (Seven) days written
notice of termination to the Manpower Service provider, to be given
after the occurrence of any of the events specified below:

(a) If the Manpower Service provider commits breach of any

condition of the contract or do not remedy /rectify a failure in the
performance of their obligations under the Contract.

17
 (b) If the Manpower Service Provider become insolvent or bankrupt;

(c) If, as the result of FORCE MAJEURE, the Manpower Service

providers are unable to perform a material portion of the Services for a
period of not less than sixty (60) days; or

(d) If IRCTC, in its sole discretion, decides to terminate this Contract

on account of defaults mentioned herein.

(e) If Manpower Service Provider fails to take appropriate license

within stipulated time as required for any newly introduce law for a such
contract under law.

(f) If the Manpower Service provider or its employees/agents indulges

in any malpractice relating to providing the outsourcing of the services.

(g) In the event of termination on unsatisfactory service or in violation

of any of the terms & conditions of contract, the Security Deposit shall
stand forfeited in addition to ban of Manpower Service provider to
participate in the projects of IRCTC for a period of 2 years. This will be
in addition to any other action that IRCTC may deem fit in the facts and
circumstances of the case.

ii) By Manpower Service provider

The Manpower Service Provider may terminate this Contract, by giving
thirty(30) days’ written notice to IRCTC if it fails to pay any undisputed
amount due to the Manpower Service provider under the Contract,
provided that if IRCTC pays such amount within the notice period such
termination notice shall become infructuous.

iii) Payment upon Termination

IRCTC at its sole discretion may decide & pay remuneration for
Services satisfactorily performed prior to the effective date of
termination provided such termination is not on account of any breach of
contract by the Manpower Service Provider.

4.12.6 FIRM/Company's default leading to termination of contract

4.12.6.1 If the Firm /Contractor

a) Makes arrangements with or assignment in favour of his creditor, or
agrees to carry out the contract under a committee of inspection of his
creditors or
b) being a company or corporation goes into liquidation by a resolution
passed by the Board of Directors / General Body of the share-holders or
as a result of court order (other than voluntary liquidation for the
purpose of amalgamation or reconstruction) ; or
c) has execution levied on his goods or property or the works, or
d) assigns or sublets the contract or any part thereof otherwise than as
provided for under conditions of this contract, or
e) abandons the contract, or
f) persistently disregards instructions of the IRCTC official or contravenes
any provisions of the contract, or
g) fails to take steps to employ competent and / or additional staff and
labour, or

18
 h) promises, offers or gives any bribe, commission, gift or advantage,
either himself or through his partners, agents or servants to any officer
or employee of the IRCTC, or to any person on their behalf, in relation
to obtaining or execution of this or any other contract with the IRCTC,
or

i) Suppresses or gives wrong information while submitting the tender.

4.12.7 TERMINATION OF CONTRACT ON IRCTC

4.12.7.1 The IRCTC shall be entitled to terminate the contract, at any

time, in the IRCTC opinion, the cessation of works becomes necessary, owing
to paucity of funds or due to court orders or from any other cause whatsoever.
Notice in writing from the IRCTC of such termination and reasons therefore,
shall be conclusive evidence thereof. In case of determination of contract on
IRCTC account as described above, the claims of the Firm/Contractor towards
expenditure incurred by him in the expectation of completing the whole works,
shall be admitted and considered for payment as deemed reasonable and are
supported by the documents / vouchers etc., to the satisfaction of IRCTC. The
decision of the IRCTC on the necessity and propriety of such expenditure shall
be final and conclusive. However, the Firm/Contractor shall have no claim to
any payment of compensation or otherwise, 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 in consequence of determination of contract under this
clause.

4.12.8 OBLIGATIONS OF IRCTC:

IRCTC will, subject to compliance of this contract and all statutory obligations
and the provisions of services to its satisfaction by the Manpower Service Provider
and subject to deduction of Tax at source under the Income Tax Act 1961 or any
other provision of the law for the time being in force, ensure full and timely
payments for the services as provided in this contract.
4.12.9 OBLIGATIONS OF THE MANPOWER SERVICE PROVIDER:

4.12.9.1 The Manpower Service Provider shall perform the Services and carry
out their obligations with all due diligence, efficiency, and economy in
accordance with generally accepted professional techniques and practices, and
shall observe sound management practices, and adopt appropriate advanced
technology and safe methods.
4.12.9.2. The Manpower Service provider shall always act, in respect of any
matter relating to this Contract or to the Services, as faithful advisers to IRCTC,
and shall at all times support and safeguard IRCTC ’s legitimate interests in any
dealings with the third parties.
4.12.9.3. The Manpower Service Provider shall deploy one well qualified
Supervisor not less than graduation from recognized university to supervise its
deployed manpower and shall also maintain monthly report of the working of
its personnel. Cost of the so deployed supervisor shall be borne by the
manpower service provider agency himself and will ensure that this supervisor
reports to IRCTC Corporate Office on all working days including Saturday. In
case of his absence or irregularities necessary penalty shall be imposed on
manpower service provider agency.

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4.12.9.4. The Manpower Service Provider has to ensure the distribution of
salary to all its personnel latest by 1st day of the following month.

4.12.9.5. The Manpower Service Provider shall withdraw all the personnel on
completion or termination of contract as the case may be, by giving 30 days
advance notice.
4.12.9.6. The personnel deployed may be called on Saturday, Sunday & other
gazetted holidays, if required, compensatory leave will be given in case of work
on holidays.
4.12.9.7. The Manpower service provider is to abide by the provisions of
Payment of Wages Act & Minimum Wages Act in terms of clause 54 and 55 of
Indian Railway General Condition of Contract. In order to ensure the same, an
application has been developed and hosted on website
'www.shramikkalyan.indianrailways.gov.in'. The Manpower service provider
shall register his firm/company etc. and upload requisite details of labour and
their payment in this portal. These details shall be available in public domain.
The Registration/ updation of Portal shall be done as under:

a) Contractor shall apply for onetime registration of his company/firm etc. in

the Shramikkalyan portal with requisite details subsequent to issue of Letter
of Acceptance. Nominated nodal officer of IRCTC shall approve the
contractor's registration on the portal within 7 days of receipt of such
request.
b) Contractor once approved by nodal officer, can create password with login
ID (PAN.No.) for subsequent use of portal for all LoAs issued in his
favour.
c) The contractor once registered on the portal, shall provide details of his
Letter of Acceptances (LoA) / Contract Agreements on shramikkalyan
portal within 15 days of issue of any LOA for approval of concerned nodal
officer. Acceptances LoA for approval of concerned nodal officer. The
concerned nodal officer shall update (if required) and approve the details of
LOA filled by contractor within 7 days of receipt of such request.
d) After approval of LoA by nodal officer, contractor shall fill the salient
details of contract labours engaged in the contract and ensure updating of
each wage payment to them on sharmikkalyan portal on monthly basis.
e) It shall be mandatory upon the contractor to ensure correct and prompt
uploading of all salient details of engaged contractual labour & payments
made thereof after wage period.

4.12.9.8. While processing payment of any 'On Account bill' or 'Final bill'
or release of 'Advances' or 'Performance Guarantee/ Security deposit', contractor
shall submit a certificate to the Corporation/concerned nodal officer that "I have
uploaded the correct details of contract labours engaged in connection with this
contract and payments made to them during the wage period in Railway's
Shramikkalyan portal at 'www.shramikkalyan.indianrailways.gov.in'
till______Month,_______Year."

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4.12.10. STATUTORY COMPLIANCES & LABOUR LAWS:

Compliance of labour laws, Payment of Minimum Wages Act, Payment of

Gratuity Act, Workman’s Compensation Act, CLR Act, EPF/ESI provisions
and any such statutory provisions viz-a viz personnel would be the
responsibility of the service provider and the Service provider shall submit a
certificate of the compliance thereof with documentary proof to IRCTC
alongwith the invoice for a particular month.

4.12.11. CHILD LABOUR (PROHIBITION AND REGULATION) ACT 1986:

The employment of any person less than 18 years of age shall be prohibited for
IRCTC works. The Service Provider shall be adhere to the provisions of the Act
and IRCTC shall stand indemnified from and against any claims/penalty under the
aforesaid act.

4.12.12 COMPLIANCE DIRECTED BY RAILWAY BOARD & AUDIT

COMMITTEE:

(a) Police and Antecedent verification of all the persons deployed by Service
Provider shall be made by the agency through proper authorities/local
police authorities and will be submitted to IRCTC before deploying each &
every personnel.
(b) Verification of educational qualification, experience, date of birth and all
original documents shall be made by the agency through proper authorities
and shall be submitted to IRCTC.
(c) Proper I-Cards on prescribed format will be provided to each outsource
personnel by the agency before deploying them.

4.12.13. THE MANPOWER SERVICE PROVIDER NOT TO BE BENEFITTED

IN THE FORM OF COMMISSIONS, DISCOUNTS, RECRUITMENT
FEE ETC.:

4.12.13.1 The Service charges of the Manpower Service provider shall

constitute the Manpower Service provider’ sole payment in connection with this
Contract or the Services, and the Manpower Service provider shall not accept
for their own benefit any trade commission, discount, or similar payment or
any other benefits in connection with activities under the Contract, and the
Manpower Service provider shall use their best efforts to ensure that the
Personnel or agents too shall not receive any such payment/benefit.

4.12.13.2 Neither the Manpower Service provider nor their Personnel shall
engage, either directly or indirectly, in any such activities which conflicts with
their role under the assignment.
4.12.13.3 All transactions between the Manpower Service provider and third
parties shall be carried out as between two principals without reference in any
event to IRCTC. The Manpower Service provider shall also undertake to make
the third parties fully aware of the position aforesaid.
4.12.13.4 Manpower Service provider shall be liable to pay damages to
IRCTC for any losses, theft, cost and expenses due to his supplied manpower
including litigation expenses incurred by IRCTC due to breach of any of the

21
 terms and conditions of this contract and failure to perform any of the
obligations under the contract.

4.12.13.5 The Manpower Service provider shall give detailed descriptions

of the Services to be performed, period for completion of various tasks,
different tasks, specific tasks etc. to be approved by IRCTC.
4.12.13.6 The Manpower Service Provider including its Personnel or any of its
affiliates shall not engage with any other assignment for another Client that, by
its nature, may be in conflict with the present assignment.

4.12.14. CONFIDENTIALITY AND NONDISCLOSURE AGREEMENT:

Each party shall not without prior written consent of the other party at any time
divulge or disclose to any person or use for any purpose unconnected with the
implementation of the project, any information concerning the project, the
services, Proprietary Material except to their respective officers, directors,
employers, agents, representatives and professional advisors on a need to know
basis or as may be required by any law, rule, regulation or any judicial process.
This Clause shall not apply to information:

i) Already in the public domain, otherwise than by breach of this

Agreement.
ii) Already in the possession of the receiving Party before it was received
from the other Party in connection with this Agreement and which was
not obtained under any obligation of confidentiality; or
iii) Obtained from a third Person who is free to divulge the same and which
was not obtained under any obligation of confidentiality.

The Manpower Service Provider shall obtain IRCTC's prior approval in writing
wherever necessary.

4.12.15 All the work done by manpower supplied by agency to IRCTC shall be the
property of the IRCTC. All plans, charts, specifications, designs, reports, and
other documents and software submitted by the service provider shall become
and remain the property of IRCTC, and the service provider shall, not later
than the termination or expiration of the contract, deliver all such documents
and software to IRCTC, together with a detailed inventory thereof.

4.12.16 Removal and/or Substitution of Personnel

4.12.16.1. If IRCTC finds that any of the supplied manpower has

(i) committed serious misconduct or has been charged with having committed a
criminal action, or
(ii) IRCTC has reasonable cause to be dissatisfied with the act of any of the
Personnel, viz a viz service contract, then the Manpower Service provider shall,
at IRCTC’s request provide suitable substitute vice him/her maximum within a
month period.
4.12.16.2 The Manpower Service provider shall have no claim for additional costs
arising out of or incidental to any removal and/or substitution of Personnel.

22
4.12.17 LIABILITY FOR PERSONNEL:

4.12.17.1. Manpower Service provider shall engage supplied manpower as

their own employees/workers in all respects and the responsibility under any
statutory enactments in respect of all such personnel shall be that of the
Manpower Service provider. The Manpower Service provider shall indemnify
IRCTC against all claims whatsoever arising in respect of the said personnel
under any statute/law in force.
4.12.17.2. Such indemnification shall include any loss sustained to IRCTC
on account of any fraud, misappropriation or any illegal act committed by the
Manpower Service Provider.

4.12.19. PAYMENTS TO THE MANPOWER SERVICE PROVIDER:

4.12.19.1 IRCTC shall pay, the amount agreed upon for the relevant
service to the Manpower Service Provider against monthly invoices and all kind
of genuine reimbursement raised at the end of each month for the services
provided, by the Manpower Service Provider in duplicate. Such payments shall
be made within fifteen days of receipt of the said invoices. The amount
aforementioned is all-inclusive and no other amounts will be payable to the
Manpower Service Provider by IRCTC on any account whatsoever, unless
otherwise specifically agreed to in writing.

4.12.19.2 TDS as per rates applicable/amended under the Income Tax Act
of work shall be deducted from the bills unless the contractor has submitted
exemption certificate issue by Income Tax Authorities.

4.12.19.3 GST: GST, as applicable on bills raised by the service provider

as per applicable rates.

4.12.20 PERMITS, FEES, TAXES & ROYALTIES

4.12.20.1 Unless otherwise provided in the contract documents, the

contractor shall secure and pay for all permits, Government fee and license fee
necessary for the execution and completion of the works.

4.12.21. INTEREST ON AWARDED AMOUNT

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

4.12.22. CORRUPT OR FRAUDULENT PRACTICES:

IRCTC expects the highest standard of ethics during the selection and
executions of such contracts.

In pursuance of the above objective, the following defines, for the purposes of
this provision, the terms set forth below as follows:

(i) "Corrupt Practice" means the offering, giving, receiving or soliciting of

anything of value to influence the action of a public official in the deployment
Process or in contract execution;

23
 (ii) "Fraudulent Practice" means misrepresentation or omission of facts or
submission of fake/forged documents in order to influence a deployment
process or the execution of a contract to the detriment of IRCTC.

(iii) “Coercive Practice” means harming or threatening to harm, directly or

indirectly, persons or their property to influence their participation in a
procurement process, or affect the execution of contract.

It is further provided that IRCTC will reject the proposal, forfeit the security
and ban the Manpower Service provider for a period of 2 years if it is found that
the Manpower Service provider has engaged in corrupt or fraudulent activities
in competing for the contract in question. IRCTC shall be free to take any other
action also.

IRCTC reserves the right to inspect the accounts and records of the Manpower
Service provider relating to the performance of the contract and to have them
audited by auditors appointed by IRCTC.

4.12.23. SCOPE OF SERVICE:

In performing the terms and conditions of the Contract, the Manpower Service
provider shall at all times act as an Independent Manpower Service provider. The
contract does not in any way create a relationship of principal and agent between
IRCTC and the Manpower Service provider. The Manpower Service provider
shall not act or attempt or represent itself as an agent of IRCTC. It is clearly
understood and accepted by both parties that this Contract between the parties
evidenced by it is on a Principal to Principal basis and nothing herein contained
shall be construed or understood as constituting either party hereto, the agent or
representative of the other, under any circumstances. It shall be the sole
responsibility of the Service Provider to get a license under Contract Labour
(Regulation & Abolition) Act, 1970 within a period of 15 days from the letter of
award failing which the contract may be terminated with consequences as
reproduced under Clause 4.12.5 hereinabove. The supplied manpower of the
Manpower Service provider shall never, under any circumstances whatsoever, be
entitled to claim themselves to be the employees of IRCTC.

4.12.24. CHANGE IN ADDRESS:

Any change in the address of the contractor shall be forthwith intimated in

writing to the IRCTC. The IRCTC will not be responsible for any loss/
inconvenience suffered by the Contractor on account of his failure to comply
with this.

4.12.25. ARBITRATION:
In the event of any dispute arising amongst the Parties, the Parties agree to use
their best efforts to attempt to resolve all disputes in prompt, equitable and good
faith. In the event the Parties are unable to do so, then such dispute or
difference arising under any of these conditions or in connection with this
contract, the same will be resolved by Arbitration as per the provisions of ‘The
Arbitration and Conciliations Act – 1996 '. The event shall be referred to the
sole arbitration of an Officer or other person, nominated by Chairman and
Managing Director, IRCTC to be arbitrator however will not be one of those
who have had one opportunity to deal with the matters to which the contract
relates or who in the course of their duties have expressed views on all or any of
the matters under dispute of difference. The award of arbitrator shall be final

24
 and binding on the parties to this contract. The venue of the Arbitration shall be
at New Delhi. The Arbitration Fee shall be shared between the Bidder and
IRCTC equally.

4.12.26. FORCE MAJEURE:

4.12.26.1 For the purposes of this Contract, “Force majeure” means any
unforeseen event directly interfering with the services during the currency of the
contract such as war, insurrection, restraint imposed by the government, act of
legislature or other authority, explosion, accident, strike, riot, lockout, act of
public enemy, act of God, sabotage which is beyond the reasonable control of
Party’s and which makes a Party’s performance of its obligations under the
Contract impossible or so impractical as to be considered impossible under the
circumstances.

4.12.26.2 The obligations of IRCTC and the Manpower Service Provider shall
remain suspended if and to the extent that they are unable to carry out such
obligations owing to force majeure or reasons beyond their control.

4.12.26.3 The failure of a Party to fulfil any of its obligations under the contract
shall not be considered to be a breach of, or default under, this Contract insofar
as such inability arises from an event of Force Majeure, provided that the Party
affected by such an event :-
(a) Has taken all reasonable precautions, due care and reasonable alternative
measures in order to carry out the terms and conditions of this Contract, and
(b) Has informed the other Party as soon as possible about the occurrence of
such an event and such impossibility subsists for a reasonable period of time
agreed by both parties.
4.12.26.4 Any period within which a Party shall, pursuant to this Contract,
complete any action or task, shall be extended for a period equal to the time
during which such Party was unable to perform such action as a result of Force
Majeure.
4.12.26.5 The Manpower Service provider is entitled to the payments for
the portion of the work already completed before the happening of any event
constituting Force Majeure culminating in termination of contract. Decision of
IRCTC in this regard will be final.

4.12.27 INDEMNITY:

4.12.27.1 The Service Provider hereby agrees to keep indemnified and shall keep
indemnified and hold harmless, IRCTC and its Directors, officers and
employees from and against all and any claims, demands, etc.

4.12.27.2 That the Service provider on its part and through its own resources shall
ensure that the goods, materials and equipments etc. are not damaged in the
process of carrying out the services undertaken by its employees and shall
be responsible for acts of commission and omission on the part of its staff
and its employees etc. If this office suffers any loss or damage on account
of negligence, default or theft on the part of the employees/agents of the
service provider, then the service provider shall be liable to reimburse this
office for the same. The service provider shall keep this office fully
indemnified against any such loss or damage. For any accident/ casualty
occurred during the course of working to any staff engaged by the service
provider, the responsibility will remain with the service provider. For any
25
 accident or casualty occurred during the course of working to any staff
deployed by the service provider, the liability that will arise out of the
accident/incident will be borne by the service provider and this office will
in no way be responsible for it or any other clause mentioned above.

4.12.28. JURISDICTION

The parties hereby irrevocably consent to the exclusive jurisdiction of the

Courts of New Delhi only in connection with any actions or proceedings arising
out of or in relation to this agreement.
4.12.29 The emoluments for the man power services provided shall be based on
deployed resources for the purpose. The emoluments fixed are always be not
less than the Minimum wages prescribed by the Government from time to
time.

4.12.30 IRCTC reserves the right to modify, expand, restrict, scrap and refloat the NIT
without assigning any reasons.
4.12.31 The agency should ensure before deploying an outsource resource personnel
regarding his satisfactory character and antecedents verified records.

26
 SECTION-5

5. SPECIAL CONDITIONS OF CONTRACT AND SPECIFICATIONS

5.1 SCOPE OF WORK:

Services in respect of the following categories of positions should be ensured by

deploying suitable manpower under the supervision of empanelled Manpower service
provider:

i. IT support services
Programming in Java based software development/e-commerce application
System Admin (LAN, OS, Desktop, Antivirus etc)
Systems Administrations (MCSA/MSCTP)
Core Java/JSP/Servlet /HTML/ Oracle PL-SQL , NOC & SOC
Networking Management/WAN/MPLS/Firewall/IPS/UTM etc
Mobile application programming experience (Android etc)
Technical (Main Site Maintenance, Dev Team, Monthly PG & PRS Reports, PG new
integration), Website Maintenance
FMS support for Fire alarm system and CCTV System or Networking, Wi-Fi, Internet
and EPABX, Other IT Support services.

ii. Catering support services

F&B Services, Cooking Services, Food Packing Services, Bakery Services, Garde
Manger Services, Logistic Services/Loader, Sales Services, Management of Catering
activities, housekeeping, desk support and other related hospitality services,
Procurement Services, Material Management services, Microbiological Support
Services.
However, a separate (with the prescribed dress-code) uniform along with shoes, tie,
gloves etc is to be supplied by the service provider for outsource resource personnel
engaged in F&B services, cooking services, sales services, housekeeping and such other
defined services as per the requirement of the management.

iii. Tourism support services

Air Ticketing Exe Corporate Travel Services; CRS Services through Amadeus and all
inputs through Amadeus; CRS for International and Domestic itinerary reservation and
support services for issuance of E-Air tickets; Tourism Facilitating Services; Services
in planning & preparing itineraries of various chapter packages; carrying out costing of
packages & replying to client queries; Air Ticket- Daily reconciliation Services; Air
Ticket- Customer grievances Services; Air Ticket Operation Services; Services related
to supervision and day to day affairs of Tourism activities; IATA qualified Services;
Services in air ticketing with Amadeus GDS including supervision Air related
transactions; communication Services with customer/ passenger for booking,
reservation, ticketing & handling customer queries, informing customers of flight
exceptions & complaints handling; Services in fare construction and issuance of
International and Domestic Air Tickets with any IATA approved Travel Agency;
Support services in planning & preparing itineraries of various chapter packages,
carrying out costing of packages & replying to client queries; Support services in Air-
Ticketing Call centre, Copy-writing Services
iv. Infrastructure Support Services
Technical support in Civil Engineering Services, Technical support in Mechanical
Engineering Services, Technical support in Electrical Engineering Services, Services in
operation and maintenance of DG set, AC plant, AHU, FCU, split AC, Kitchen
equipments,
27
Electrical panels, fault finding etc; in operation and maintenance of RO plant, Pump
Room, water supply lines, drain lines, Fire Fighting system, sump system etc.

v. Secretarial, administration and support services

Multi tasking Assistants, Office Assistant work, ERP data entry, Secretarial practices,
data entry work, liasioning with vendors and customers, documentation, and any other
value added support services and customer support services.

 The above services are just outline services to understand the nature of work
and may be performed individually or as a total package. The scope of work
would be defined by IRCTC Ltd on case to case basis, for any of the services.
The service provider shall replicate the best practices prevailing in
Govt./PSUs/reputed organizations.
5.2 Documents verification of supplied manpower:
It shall be the responsibility of the Manpower service provider to verify the
qualification and experience indicated by the hired staff in their profiles.
IRCTC reserves the rights to verify and check the credentials and
qualification of the hired staff. If during the course of working of any such
personnel, it comes to notice that he/she has misrepresented the fact about
his/her qualification/experience, the Manpower Service Provider will have to
provide suitable replacement within 15 days time.
5.2.1 The persons deputed by the Man power service provider should not have any
adverse police records/criminal cases against them. The Service Provider
should make adequate enquiries about the character and antecedents of the
persons whom they are deputing. The character and antecedents of each
personnel of the service provider will be got verified by the service provider
before their deployment after investigation by the local Police, collecting
proof of residence and recent photograph and a certification to this effect
submitted to this Department. The service provider will also ensure that the
personnel deployed are medically fit and will keep in record a certificate of
their medical fitness. The Manpower service provider shall withdraw such
personnel who are not suitable to carry out the assignment and replacement is
provided within 15 days.
5.3 Other conditions:

5.3.1 The Man Power service provider shall engage such number of personnel as
required to accomplish the service/task asigned from time to time. The said
persons engaged by the service provider shall be the employees of the service
provider and it shall be the duty of the service provider to pay their salary
every month. There is no Master and servant or Employer and Employees
relationship between the employees of the Man Power service provider and
IRCTC.
5.3.2 The said personnel of the Man power service provider shall not claim any
employment, engagement or absorption in IRCTC in future.
5.3.3 The Man Power service provider’s personnel shall not divulge or disclose to
any person any details of office operation process, technical know-how,
security arrangements, administrative/organizational matters as all such
information is confidential/secret in nature.

28
5.3.4 The Manpower service providers personnel’s should be polite, cordial,
positive and efficient while handing the assigned work and their actions shall
promote goodwill and enhance the image of this Organization. The service
provider shall be responsible for any act of indiscipline on the part of persons
deployed by them.

5.3.5 The IRCTC may require the Man power service provider to replace or
remove from the site of work any person or persons employed by the man
power service provider who may be incompetent or for his/her/their
misconduct and the Man power service provider shall forthwith comply with
such requirements. The Man power service provider shall replace within 15
days, any of its personnel if they are not suitable on account of security risk,
incompetence, conflict of interest and breach of confidentiality or improper
conduct upon.

5.3.6 The manpower service provider has to provide photo identity cards to the
persons employed by him/her for carrying out the work. These cards are to
be constantly displayed and their loss to be reported immediately.

5.3.7 The Man power service provider shall ensure proper conduct of his persons
in office premises and enforce prohibition of consumption of alcoholic
drinks, paan, smoking, loitering without work.

5.3.8 Working hours would be normally 08 hours /day including ½ an hour lunch
break in between.

5.3.9 That the Man power Service provider will be wholly and exclusively
responsible for payment of wages to the persons engaged by it in
compliance of all the statutory obligations under all related legislations as
applicable to it from time to time including Minimum Wages Act,
Employees Provident Fund, ESI Act etc., and this Organization shall not
incur any liability for any expenditure whatsoever on the persons employed
by the Agency on account of any obligation. The agency will be required to
provide particulars of PF, Group Insurance, ESI of its employees engaged in
this Organization.

5.3.10 The Man power service provider will submit the bills, in duplicate, in respect
of a particular month in the first week of the following month. The payment
will be released by the third week of the following month after deduction of
taxes deductable at source under the laws in force.

5.3.11 The Man power service provider shall be contactable at all times and
message sent by phone/e-mail/Fax/Special Messenger from IRCTC to the
service provider shall be acknowledged immediately on receipt on the same
day. The service provider shall strictly observe the instructions issued by
IRCTC in fulfilment of the contract from time to time.

5.3.12 IRCTC is maintaining Bio metric attendance and can extend the said facility
to the Manpower Service Provider in respect of the staff deployed by them.
However the said agency is required to maintain their attendance register.

5.3.13 The manpower service provider shall ensure payment of Minimum wages
fixed by the Appropriate Govt. from time to time to its personnels deputed to
carry out the service for IRCTC.

29
 5.3.14 Manpower service provider has to ensure that the remuneration of staff
should directly be credited to their respective bank account after completion
of each month.

6. PENALITY – PENALTY FOR AN AMOUNT OF Rs.5000/- to Rs.15000/-.

6.1 Depending on the nature of unsatisfactory service, Penalty will be deducted at

the discretion of IRCTC from the due amount in the following conditions:

a) Absence of Staff
b) Any undisciplined behaviour by the Staff;
c) Discourteous behaviour towards any officer or staff of IRCTC/Railway;
d) Not carrying out the duties listed in the scope of work in a satisfactory
manner;
e) Damage or stealing of any asset or property of IRCTC/Railway or officers
and staff of IRCTC/Railway;
f) Lack of supervision.
f) Penalty for some of the breaches in services will be as follows:-

Type of breaches Amount (Rs.) of Penalty

Resource personnel not in proper uniform Rs. 60/- per staff per day
Failure to release the salary to the staff on or Rs. 60/- per staff per day
before 1st day of calendar month.
Resource personnel turns up late Rs. 60/- per staff per hour
Failure to provide replacement within time frame Rs. 200/- per day

Group General Manager (HRD)

For & On behalf of IRCTC

30
 Annexure-I
TECHNICAL BID

FORMAT FOR SUBMITTING (NIT ) TECHNICAL BID BY THE MANPOWER

SERVICE PROVIDER.
(To be uploaded on letter head of firm/agency under signatures of the authorized
signatory)

(1) Name and address of the Bidder with Telephone, e-mail & Fax Number(s) and contact
person.
(2) Details of Individual, Proprietorship, Partnership firms and Companies-information and
relevant documents as per para 3.13.1 of Tender Document.
(3) Details of incorporation under Companies Act(Attach Memorandum & Article of
Association, Certificate of Incorporation)
(4) Organisation structure with location details in India and Manpower details.
(5) Proof of minimum turnover of Rs.5 crores in last financial year in particular field as
manpower service provider/placement agency, contractual amount received during last 3
Financial years specifying the turnover (Audited Financial statement of last 3 years
should be submitted certified by Chartered Accountants). The earnings from Facility
Management Services i.e. Housekeeping, Security, Horticulture etc. will not be
taken into consideration while calculating the minimum turnover.

(6) Documents in support of registration under EPF, ESI, CLRA and PAN, GST
Registration as per para 3.13.2 (c) ( attach documentary evidence).

(7) The Bidder should have net worth of Rs. 1 corer in last completed financial year 2018-
2019(certificate from Chartered Accounts to be enclosed)
(8) Financial Standing of the bidder- A Solvency certificate issued by Bank not older than
six months from the date of NIT should be enclosed.
(9) Bidder should submit satisfactory performance report for a period of 3 years from their
clients from Govt. /PSUs (Attach documents i.e Completion certificate in case of Govt.
organization and TDS certificates in case of non Govt. organizations)
(10) Copy of duly acknowledged GST return of the last completed financial year (2018-19)
should be enclosed.
(11) Executive summary about the agency
(12) Duly Signed check list (page 37 & 38 of Tender Document) with documentary Proofs as
mentioned therewith.
I/We hereby submit that the information submitted hereby are correct & to the best of
my/our knowledge & belief. My/Our agency has not been debarred by any Govt.
department /PSUs for handling recruitment process in last 3 years. In case of any
information/documents found to be false, fake or incorrect, IRCTC is free to take action
against my/our agency as deemed fit by them. I/we, _____________________do also
hereby declare that I am /we are not engaged in any activity, which conflicts directly or
indirectly with the proposed assignment. I/we further declare that during the currency
of the contract, I/we will not engage in any such conflicting activity.

(Signature of Authorized person with seal)

Note: A signed copy of the proposal documents as acceptance of all terms and conditions of the
proposal is to be uploaded along with technical proposal.

31
 Annexure-II
(To be scanned & uploaded along with Annexure-I)

CERTIFICATE OF NO RELATIVE BEING AN EMPLOYEE OF IRCTC

I/WE THE UNDER SIGNED HEREBY SOLEMNLY DECLARE AND CERTIFY

THAT I/WE DO NOT HAVE ANY OF OUR RELATIVE/RELATIVES EMPLOYED
IN IRCTC EXCEPT THE NAMES MENTIONED HEREIN UNDER:

1. …………………………………..

2. …………………………………..

3. …………………………………..

4. …………………………………..

AND SO ON ……………………………

NOTE:- NAMES, DESIGNATION, NAME OF OFFICE, HEADQUARTER OF

THE TENDERER(S) RELATIVE IN IRCTC TO BE MENTIONED BY THE
TENDERER(S) ABOVE.

SIGNATURE OF TENDERER(S)

32
 Annexure-III

(To be scanned & uploaded along with Annexure-I)

Details of manpower supply works completed in last three financial years including
current financial year
Date Organizati Date of Date of Certificate/crede
of on for Commenc completi ntial available at

Final cost of
Acceptance

Accep whom ement of on of page No.

letter No.

Remarks
tance work is work work
Sl.No.

work
Letter being
carried out
1 3 4 5 6 7 8 9 10

NOTE:
The tenderer/s must attach performance certificate issued by the organizations for whom
the work was carried out.
The information furnished above shall be supported by authentic documents with page
No. mentioned clearly above . The copies of documents submitted should be duly
attested by a gazetted officer

Signature of the Tendered/s

33
 Annexure-IV

(To be scanned & uploaded)

Annual Contractual Turnover of last three financial year to be uploaded along

with Along with Annexure-I.

Sl.No. Financial Audited Balance Sheets/TDS Certificates Amount Page

year (Rs.) No.

34
 Annexure- V

DECLARATION

I, M/s_____________________ partnership firm/company/Individual address

_____________do hereby declare that in case of my selection, I will submit the
necessary documents as declared below within a week of award of contract. In case of
failure to submit the above documents, I understand that the award of contract will be
null and void and IRCTC shall be free to take action against the bidder as deemed fit.

S.No. General Information To be filled Related document to be

submitted after
selection
1. Name and full address of Address proof –
the applicant with Agreement
telephone no and email copy/registration
address and name of the copy/telephone bill in the
contract person name of vendor
2. Status of the applicants:-
3. In case of company Certificate of
incorporation /Article of
association
4. In case of partnership firm Registration of
partnership deed under
partnership act 1932.
5. In case of Registration certificate
proprietorship/individual from any statutory
business authority
6. PAN No/ESI/PF/GST PAN No. Copy of PAN Card
ESI No. Copy of ESI registration
certificate
EPF No. Copy of EPF Registration
GST Reg. No. Copy of GST (State wise)
(State wise) registration certificate

Signature of the authorized signatory of bidder

Seal

Date:

(Please note – No change in format/declaration is permitted)

35
 Annexure-VI

FINANCIAL BID
(To be submitted electronically only through Tender site)

Subject: Submission of financial Bid for engagement of Manpower Service Provider.

Dear Sir,

1) I/We agree to provide manpower supply at IRCTC Offices /Zonal

Offices as per requirement of IRCTC.
2) I/We further certify that I/We are ready to provide manpower supply
at IRCTC Offices as per the terms and conditions of the bid
document.
3) I/We agree to abide by all the terms and conditions of the bid
document.
4) I/We understand that IRCTC reserves the right to reject, accept or
consider any offer without assigning any reason.
5) I/We have quoted the below bid amount for engagement of
manpower service only.

My/Our quotation of handling charges (in %) on net wages payable to the

resource personnel is as under:-

Percentage Percentage of Service Charge on the net wages payable to

the resource personnel deployed.

Total (in percentage %)

In words

In figures

Important Note:
1. Net Wages payable shall be calculated as per the example quoted
below:-Minimum Wages + Other Allowances + Insurance (if any) +
Bonus (as and when applicable) = Gross Salary – (PF employee
contribution + ESI employee contribution) = Net Wages Payable to
resource Personnel deployed.
2. Goods & Service Tax (GST) is payable extra as per applicable rates.
3. In case of discrepancy in the amount quoted in figure and words, the
amount quoted in words will be taken into consideration.

##(( End of Tender Document))##-

36
 CHECK LIST

CHECK LIST OF ITEMS TO BE COMPLIED BY TENDERER(S) BEFORE

SUBMITTING THEIR TENDERS, THE TENDERER(S) SHALL ENSURE THAT
THE FOLLOWING ARE COMPLIED BEFORE SEALING THE TENDER
DOCUMETNS
SL.No. Description Enclosed Page
(Pkt-A) or Not Nos.

1 Name and full address of the bidder with

Telephone, e-mail & Fax Number(s) and Contact
person.
2 Duly Signed Technical Bid Form

3 Details of Individual, Proprietorship, Partnership

firms and Companies- information and relevant
documents be uploaded as per para 4.2(a) of
Tender Document.
4 Proof of minimum turnover of Rs.5 crores in
last Financial year in particular field as
manpower service provider/placement agency,
Contractual Amount Received during last 3
Financial years specifying the turnover (audited
financial statement for last three years duly
certified by Chartered Accountants should be
uploaded) as per para4.2(c). This earnings is
not inclusive of Facility Management Services
i.e. Housekeeping, Security, Horticulture etc.

5 Proof that they must have provided similar

services during last three years as per clause
3.13.1 continuously not less than 500 employees
in single contract. (Proof to be uploaded). Here
the number 500 employees shall not include
employees from Facility Management
Services i.e. Housekeeping, Security,
Horticulture etc.

6 Document in support of registration under EPF,

ESI, CLRA and PAN, GST Registration. as per
para 4.2(d) to be uploaded.
7 Man power service provider should upload
satisfactory performance report for a period of
three years from three of their existing clients
from Govt./PSUs/reputed organizations having
total manpower not less than 1500, Documentary
proof may be uploaded i.e. Completion Report in
case of Govt. organization and TDS certificates
in case of non Govt. organizations.
Contd.2.

37
 - 2 -

8 Manpower service provider/placement service

provider should have net worth of Rs.1 corer in
last completed financial year 2017-18 (certificate
from Chartered Accountants to be up loaded)
9 Financial Standing of the bidder- A solvency
certificate issued by Bank not older than six
months from the date of NIT should be
uploaded.
10 Copy of duly acknowledged GST return of the
last completed financial year (2017-2018) should
be submitted.
11 Other Annexure Formats-III,IV, V and Signed
Check List to be up loaded

II Financial Bid to be filled electronically only

1 Financial Bid Form

Signature of Tenderer(s)

Digitally signed
by Jaspal
Singh
Date:
38 2019.08.06
18:46:29 IST
Reason: PDF
Authenticated