KRCL Tender Document
KRCL Tender Document
KRCL Tender Document
Tender No.CO/NIT/FP-FFU/2017/03
TENDER DOCUMENT
Last Date and Time for Submission of Tender : Date: 13.09.2017 Time: 12.00 hrs
Date and Time for Opening of Tender : Date: 13.09.2017 Time: 12:15 hrs
Indian Railway Catering and Tourism Corporation Ltd. (IRCTC) invite bids through E
Tender for setting up, operation, management and transfer back of Multi Branded Food Court at
Madgaon Railway station.
The bids will consist of two packets – Packet-A and Packet-B. Packet-A will consist of Technical
and other conditions as laid down in the Bid document. Packet-B shall consist of the Financial Bid
as per conditions laid down in the Bid document.
Bidders are required to deposit an amount of Rs. 3,00,000/- (Rs. Three Lakh Only) as EMD
through RTGS/NEFT prior to submission of E-Tender. The E-receipts for the same shall be
uploaded along with tender document. Bids uploaded without E-receipt of EMD shall not be
entertained. The details of RTGS/NEFT are as under:
The successful bidder shall be intimated about the Award of Licence within 150 days of opening
of bid.
The Notice inviting bid along with instructions to bidders, Scope of Work, eligibility criteria, system
of award of licence, agreement, rough sketch of the sites, etc. form part of the bid document
containing 98 pages in all.
1. This Tender Document can only be viewed and downloaded from http://www.irctc.com, and
http://www.tenderwizard.com/IRCTC and will be submitted/ received online at
http://www.tenderwizard.com/IRCTC only, as prescribed in point no 3 of "INSTRUCTIONS
TO THE TENDERERS".
2. EMD shall be paid through RTGS/NEFT mode and the receipt of the same should be scanned
and uploaded in the e-tendering website www.tenderwizard.com/IRCTC. In case of non
submission of the said EMD or scanned copy of e-receipt, the same will be summarily
rejected.
3. To participate in the E-Tender, it is mandatory for the bidders to register themselves with M/s
ITI by submitting an one time annual registration charges of Rs 1500/- (excluding applicable
taxes) and obtain User ID & password which is required for submitting the tender. Bidders
will also have to pay the Tender Processing Fee at the rate of 0.05% of the MLF, Subject to
minimum charges of Rs 500/- & maximum charges of Rs 5000/- (excluding applicable taxes)
per tender to M/s ITI through e-payment at the time of request for Tender.
4. The description given for the locations are only indicative and the actual locations to be
viewed in the sketch / site plans enclosed with this document.
5. Complete tender document, including all Annexures, with supporting documents, Packet- A
(Technical Bid) shall be uploaded along with Packet-B (Financial bid), duly signed and
stamped by authorized signatory.
6. The applicant should upload complete set of documents in support of Eligibility Criteria on
mentioned in this Document (Annexure – B).
7. All documents enclosed, in support of Technical Criteria mentioned in Packet – “A”, should
be self attested. Failure to attach attested copies may lead to disqualification of the bidder.
IRCTC Shall mean ‘Indian Railway Catering and Tourism Corporation Ltd.’, a
Government Company incorporated under Companies Act 1956.
License fee As Defined in article 4.1 (Financial Terms & Conditions) of draft
Agreement
Security Deposit As Defined in article 4.4 (Financial Terms & Conditions) of draft
Agreement
Jurisdiction The Multi Branded Food Court situated at Delhi only will govern the
award of License.
Subject: On-line submission of Bids for Setting up, Operation, Management and Transfer
back of Multi Branded Food Court at Madgoan Railway Station.
Dear Sir,
Unit Details
n. I/ We hereby certify that our firm does not have the units exceeding maximum of 2
Food Plazas/Fast Food Units/Food Courts/QSFKs per Division and a maximum 25
units over Indian Railways as stipulated in Catering Policy 2017.
VERIFICATION:
Verified at ______ on this _____day of _________year, that the contents of the above
undertaking are true and correct to my personal knowledge, no part is false and nothing material has
been concealed there from.
Date :
Place:
On behalf of
Authorized signatory
Name. Designation and seal
Address:
e-mail
Tele & Fax
Date:
Place:
2. The intending tenderers are advised to study the E-tender conditions of this License and
make themselves conversant with their contents as these shall govern this License and shall
form an integral part thereof.
3. Tenderers are also suggested that they should visit the proposed site(s) so as to see the actual
ground conditions, before submitting their bid(s).
IRCTC will provide space, on as is where is basis. The Licensee will have to construct the building
or renovate the space, as the case may be, in consonance with the existing building bylaws of the
State. The covered area will normally not exceed a specified limited fixed by IRCTC. The Licensee
will be responsible for operation (himself and/or by engaging service providers), maintenance,
marketing and management of the Multi Brand Food Court. A standard Multi Branded Food Court
will have the following characteristics:
2.1 General : The licensee may operate one or more unit in MBFC Complex.
2.2 Food segments Following food segments/ outlets should necessarily be provided by
and desirable the licensee The preferred brands for each segments have been
brands mentioned below:
e) Ice-cream/shakes / Juices: -
Cream bell, Baskin Robbin, Giyanis,
Coco Berry, Amul, Vadilal, Kwality Walls, Gelato etc.
2.3 Menu & Rate Menu & Rate list as mutually agreed between service provider of
list branded outlets and the licensee. It will require approval by IRCTC.
It will not be revised more than 03 times in an year for each outlet.
Rates should not be higher than main open market rates. All
promotional scheme of the brands will be applicable in the Food
Court.
2.4 Common Area : The licensee shall be responsible for overall upkeep of the MBFP
Complex including common area.
2.5 Service provider : Service provider is the entity who shall be setting up Branded Food
Outlet in MBFC Complex.
MULTI BRANDED FOOD COURT AUG-2017 8
Copy of agreement between licensee and service provider has to be
submitted to IRCTC
2.6 Adequate : IRCTC will provide space on ‘as is where is basis’ and free from all
Infrastructure encumbrances to the Licensee on agreed annual licence fee along
with applicable taxes, the site plan and other details enclosed with
this tender document. The licensee will have to create requisite
infrastructure and equipment at their own cost under supervision of
IRCTC. Such infrastructure for production and distribution of
services should be suitable for ensuring satisfactory services and
handling of food under hygienic conditions.
Licensee will arrange all machinery & plants as well as equipment so
required for the preparation of food and beverages, complete fit-outs
and fixtures in the sitting /standing area and its maintenance and
upkeep etc.
2.8 Dealing with : IRCTC will enter into an agreement only with the Licensee who will
Licensee Only be responsible for fulfillment of all licence conditions with IRCTC.
IRCTC shall not enter into any agreement or deal with in any
manner with any of the service provider(s). The Licensee will have to
make his own arrangements with the service provider and would be
responsible for their performance and conformity to the procedures,
rules etc.
2.9 Promotional : Promotional activities such as free gifts, joyride etc., within the Multi
activities Branded Food Court premises, can be undertaken by licensee, under
advise to IRCTC who reserves the right to approve / disapprove any
such use.
2.10 Branded/PAD : All packaged items to be sold at price not more than printed MRP.
items For other items licensee is permitted to sell items at market driven
rates. Locally popular/branded products may be liberally provided at
market driven prices with prior approval of IRCTC.
Licensee shall submit the list of items along with their weight/
portion size and rates to be sold at Multi Branded Food Court and
2.17 Centralized For convenience of passengers Principle licensee may arrange for
Billing System Prepaid rechargeable Card system redeemable at all outlets so as to
enable cashless transactions at each of the outlet of the unit.
However, billing may be done at Individual outlets. All billing should
be necessarily computerized . Electronic mode of payment like Debit
Card/Credit Card/ e-wallets should be readily acceptable.
2.18 Display of IRCTC logo & brand name will be prominently displayed in
Brand adequate size at least four (04) locations by the licensee.
3.1 Total tenure of : Term of License for Multi Branded Food Court will be (9) Nine
License years from the date of commissioning of the unit. There will be no
further extension/ renewal after expiry of license.
4.1 Papers to be : Packet A (Technical Bid) and Packet B (Financial Bid) shall be
submitted uploaded online.
4.2 IRCTC reserves the : IRCTC reserves the right to terminate the bidding process at any
right to terminate stage and will not be responsible for any loss or damages that the
the bidding process bidder may incur in the process. The Bids can be rejected without
assigning any reason. The bidding process is completed with the
issue of letter of award of license to the successful bidder by
IRCTC.
4.3 Bids not to be : Conditional / Telegraphic Bids /Physical Bids shall not be
entertained entertained. Photocopy/reproduction on party’s letterhead is not
permissible. Financial bid, including all the pages of the bid
document, duly stamped and signed by the bidder(s) should be
uploaded.
5.6 Validity of bids : The financial bids submitted by the bidders will remain valid for
One hundred and fifty (150) days from the date of submission of
the bid.
Mandatory Criteria
2014-15
Rs.________
2015-16
Rs.________
9) Firm should have Permanent Account Number (PAN) Copy of PAN Card
10) Firm should be registered under GST Act. Copy of GST
registration certificates
11) Firm should be registered in ESI Copy of ESI registration
certificate
Note: -
1) The bids received shall be evaluated on the basis of eligibility criteria. Bids not fulfilling the
eligibility criteria shall summarily be rejected.
2) Non submission of any of the documents, listed above, shall lead to summarily rejection of the
offer.
I / We hereby understand that the submission of offers / bids does not guarantee allotment of
License for management of Multi Branded Food Court. 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 license, IRCTC will have the right to summarily reject the bid, cancel the License or revoke
the same with forfeiture of EMD/Security Deposit and licence fee including debarment for a period
of 3 years at any time without assigning any reason whatsoever.
Dated: ______________________________
(Signature of the Applicant)
SEAL Name ________________________
Address: ______________________
Details of Multi Branded Food Court Sites, Location, Minimum License Fee and Security
Deposit:
Note: - Description of locations is only indicative. Details of actual location can be viewed in the Site
/Sketch plans for all locations/ stations enclosed at Annexure-D.
*
*Integrity pact is enclosed at Annexure-E should also be submitted duly filled and signed for these units.
CONTACT DETAIL OF NODAL OFFICER FOR COORDINATION REGARDING SITE ISSUES
a) West Zone Office – 2nd Floor, New Administrative Building, Central Railway, CST
Mumbai – 400 001.
Nodal Officer – Shri U.G. Naidu +91 9004082866
Sub: - Management of catering services at IRCTC Multi Branded Food Court at Railway
stations.
1) I/We accept the terms and conditions mentioned in the Bid Document that have been clearly
understood by us.
2) I/We have duly signed on each page of the Bid Document/Digital signature.
3) I/We further certify that we are ready to provide catering services within the time frame given
by the IRCTC Ltd. and as per the terms and conditions of the Bid Document and in the
agreement to be executed between the parties.
4) I/We understand that IRCTC reserve the right to reject, accept or consider any offer without
assigning any reason whatsoever.
5) Minimum amount of License Fee Details are at Annexure-C for each
Payable per annum : station / location
Note: In case of discrepancy in the amount quoted in figure and words, the amount written in
words will be taken into consideration.
1) The Financial offer will remain open for acceptance for 150 (One Hundred and Fifty) days
from the date of submission of tender.
2)Any offer less than the amount referred at item 5 above shall be rejected.
Note: - Any overwriting, correction or insertion will not be accepted.
1.1 Total tenure of License : Term of License for Multi Branded Food Court will be (9)
Nine years from the date of commissioning of the unit. There
will be no further extension/ renewal after expiry of
license.
3.1 Construction of Multi : Licensee will construct the Multi Branded Food Court as per
Branded Food Court the approved plan within the area specified in bid documents
in accordance with applicable building bye laws. The plans will
be forwarded by IRCTC for approval by the respective
Railways. (part of Specifications and SOW)There should
generally be other facilities also like washrooms etc. The
Licensee would also be required to ensure the proper upkeep
and maintenance of premises. Licensee should provide
covered drainage facility in the Multi Branded Food Court and
maintain it regularly.
3.2 Waste disposal : The Licensee would have to arrange for adequate solid waste
disposal system for the Multi Branded Food Court. Licensee
will arrange collection of garbage after each service and its
proper disposal.
3.3 Engagement of : Licensee may engage service provider(s) a portion of the Multi
Service Provider Branded Food Court to any other food retailer as specified in
Scope of Work earlier for the purpose of expanding the food
variety for the customers. The selection of the service
provider would be as per the eligibility criteria laid out for
them. The selection / change of any service provider would
be permitted only after the approval of the IRCTC. IRCTC
will grant such approval in case the service provider fulfills the
following criterion laid down: -
3.14 Compliance of Food : Licensee shall be responsible for the compliance of the
Safety and Standard provisions of Food Safety and Standard Act, 2006 or any
Act other amendments thereto.
3.15 Compliance of : Licensee will be responsible for compliance with applicable
statutory law laws such as GST Act., Sales Tax Law, Service Tax Law,
Provident Fund Law, Labour Law or any other law of the land
and registration/approval from statutory authority, if required.
If any case or proceedings are instituted against IRCTC on
account of non-compliance of any statutory law or non-
MULTI BRANDED FOOD COURT AUG-2017 22
payment of any of the taxes, the licensee agrees to pay to
IRCTC, the cost imposed, if any, and also the cost of
litigation.
3.16 Use of standard : All food ingredients being used for preparation/service to the
products passengers shall conform to provisions of Food Safety and
Standard Act and all these items should have IRCTC’s
approval.
3.17 No unlawful/ illegal : Licensee shall not carry on any unlawful immoral or illegal
activity activity at the station.
3.23 Service wares etc. : Crockery, cutlery, napery and other service wares used in the
Multi Branded Food Court are required to be of good quality
as per industry norms. IRCTC may specify quality, colour
scheme and printing on the above material which will be
binding on the licensee. IRCTC reserves the right to prescribe
packaging conditions from time to time.
3.24 Staff : The staff to be deployed at station must be well groomed and
wear neat and clean uniforms with name badges. For
Supervisors, Service, Production and Support staff the design
and colour scheme should be different for easy identification.
The Licensee shall inform the pattern and style of uniforms to
be adopted for staff. IRCTC may specify design, pattern and
MULTI BRANDED FOOD COURT AUG-2017 23
colour scheme for uniform of the staff at the unit. The
licensee will abide by such instructions.
3.25 Issue of proper bills : Licensee will install computerized billing system and issue
proper bills to the passengers for sale of all items as per agreed
rates.
3.27 Reg. provision of gas : The gas burners/cooking ranges should be ISI approved and
burners/cylinders etc. covered by a suitable maintenance contract by the Licensee.
The safe working of equipment and adherence to the
regulations should be certified by an authorized oil agencies.
3.28 Provision of catering : The Licensee will be required to provide catering services on
services in emergent demand to Railway personnel and passengers in case of
situations emergencies, accidents, and restoration. Payments will be made
subsequently on presentation of bills.
3.29 Cleaning of utensils : The Licensee shall ensure that utensils, crockery etc. are
washed and cleaned with clean water and standard quality
detergent/soaps. Recycling dirty water for cleaning shall not be
allowed.
3.30 Damage to KRCL : The Licensee shall be responsible for all damages caused to the
premises KRCL premises arising out of facts of omission and
commission of their staff.
3.31 Licensee to provide : The Licensee shall undertake to render any other service as
other services may be required of him by the IRCTC on mutually acceptable
terms.
3.32 Cancellation/ : In case the cancellation/withdrawal/non-operation of the
withdrawal/ non- catering services at station is for a period of 30 days or more,
operation of catering the agreement will be in abeyance. The tenure of the
service agreement will be extended by corresponding period at the
restoration of catering services.
3.33 Handing over of : Upon the expiration of this agreement or its earlier termination
MULTI BRANDED FOOD COURT AUG-2017 24
premises in accordance with the terms, conditions, obligations hereof
the Licensee shall remove themselves from the said Railway
premises together with all his belongings and effects and shall
deliver vacant possession of the premises to the
IRCTC/Railways with the IRCTC/Railways’ fixtures and
effects therein in good condition.
3.34 Use of containers only : Staff of the Licensee shall not carry any food item in their
pockets/card boxes/mineral water cartons etc. and only food
grade container should be used for this purposes.
3.35 Use of gloves : Waiters should service with disposable food grade gloves.
3.36 High Standard of : Staff at various levels should be extensively trained in customer
service care and in providing good quality service.
3.37 Enquiry into the : “The Licensee shall not in any capacity employ any person of
antecedents of the bad character or any person, whose antecedents have not been
employees investigated / certified by the Police Authorities / MP /
MLA/ MLC/Councilor /1st Class Magistrate and shall issue an
appointment certificate (signed by the Licensee) – which shall
contain a photograph of the employed with his or her
left/right hand thumb impression affixed thereon in Printer’s
ink which he will carry with him/her while on duty. The
expenses for such verification are to be borne by the
Licensee.”
4.1 Issue of medical : IRCTC will assist licensee for issuance of medical certificates to
Certificate the staff of the Licensee.
4.2 Inspection by IRCTC : IRCTC will inspect/check the services for reviewing its
standards, quality and variety of food items, standards for
maintenance of cooking areas and washing areas, disposal
systems etc. of the Licensee at any time and may authorize any
person or agency for this purpose to access the performance of
Licensee. In case of unsatisfactory performance or complaint of
any nature, IRCTC will be competent to initiate suitable action
against the Licensee including termination of the License as per
the terms and conditions of the agreement.
4.3 Right to resume the : The IRCTC/Railway administration reserves the right to resume
possession of the possession of the leased premises, if required for the purpose of
premises working of the Railway.
4.5 Electricity and Water : IRCTC will assist in getting the electricity connection/access,
Connection power sanction, water connection/access, etc. from the Railways
or other authorities.
4.6 Payment of property : The Licensor shall at all times bear property Tax with respect to
tax the Multi Branded Food Court as may be demanded by any
competent/local authority.
4.7 Quality Monitoring : IRCTC will monitor the quality of the food items by conducting
System regular inspections, taking independent users feedback.
Fines/Penalties will be imposed suitably if the quality of the
food is not maintained by the Licensee.
IRCTC will issue guidelines/circulars on the quality monitoring
system and Licensee should follow them to maintain high quality
of food.
4.8 Third Party food audit : IRCTC will conduct Food Audit on its own or by professional
agency to conduct inspection and food audit of the premises.
The recommendations of the agency as accepted and advised by
IRCTC or its representatives must be complied with by the
Licensee.
4.9 In-House Audit : Regular in-house food audit, by Licensee, will be undertaken by
trained staff once in six months and items will be recorded and
advised for compliance.
5.1 Submission and : (a) Licensee shall submit preliminary plans, specifications
approval of plans and tentative time schedule for commissioning of Multi
Branded Food Court to IRCTC, through an
experienced architect within 30 days from the date of
remittance of security deposit or as advised by IRCTC.
6.1 Lock-in period : The Licensee may exit the business after lock-in-period of
four years after commissioning of the unit if in his view the
same is not commercially viable or operationally feasible.
6.2 Procedure for exit : The Licensee shall be required to communicate its/ his
intention of exiting from the Licence in writing by providing a
minimum of six months notice to IRCTC. IRCTC in the
meanwhile initiate the process of fixing up a new Licensee for
Multi Branded Food Court.
6.3 Forfeiture of Security : In case of an exit under clause 6.1 Security deposit of the
Deposit Licensee will be refunded by IRCTC.
7.1 Breach of any terms and : In the event of any breach of the said terms and conditions of
conditions of the the License, the IRCTC reserves the right to impose penalties
License and will be entitled to forfeit the whole or the part of the
Security Deposit/License fee besides terminating or revoking
the License and debarring the Licensee from participating in
the future projects of IRCTC for a period of one year. The
decision of IRCTC in this regard shall be final and binding.
7.2 Termination of License : The licensor shall also be entitled at any time forthwith to
on other events of terminate the License without notice in any of the following
default events:
a) In the event of the Licensee being convicted by a court
of law under the provisions of criminal procedure code
or any other law.
b) In the event of the Licensee being a proprietor or, if a
firm, any partner in the Licensee firm being at any time
be adjudged insolvent or a receiving order or order for
administration of his estate made against him or shall
take any proceeding for liquidation or composition
under any Insolvency Act for the time being in force or
make any conveyance or assignment of his interest or
enter into any agreement or composition with his
creditors for suspended payment, or if the firm be
dissolved under the partnership Act or, in the event of
Licensee being a company, if the company shall pass
any resolution to be wound up either compulsorily or
voluntarily.
c) Repudiation of agreement by Licensee or otherwise
evidence of intention not to be bound by the
agreement.
d) Failure to adhere to any of the due dates of payment
specified in the terms and conditions. Immediately on
the determination of this agreement the Licensee shall
peacefully vacate the premises and hand over to the
licensor/Railway administration all articles in the
custody or possession of the Licensee and shall remove
all his stores and effects from the said premises.
e) In default the licensor shall be entitled to enter and take
possession of the said premises and to lock up the
same or remove the furniture or other articles of the
Licensee that may be lying there and to dispose of the
same by sale or otherwise without being liable, for any
damage, and all expenses incurred in connection
therewith, shall be deducted by the licensor from the
sale proceeds or from the Security Deposit or pending
bills of the Licensee.
MULTI BRANDED FOOD COURT AUG-2017 31
7.3 Failure to provide any : IRCTC at their discretion may call for any record to satisfy
record to IRCTC them regarding operation of the License and Licensee will
provide every help failing which it may amount to breach of
condition of the Licensee. All communications /information
received/required by IRCTC must be furnished by the
Contractor/license within 15 days failing which suitable penalty
including termination of the Contract can be done at the
discretion of IRCTC.
7.4 Compliance for the : Recurring instances of failure to rectify the deficiencies noticed
inspection reports / during inspections and highlighted through complaints shall
Complaints invite imposition of penalty and/or termination of license.
8.1 Notice for termination : In case of any event of default mentioned in the agreement
having occurred, it shall be lawful for the IRCTC any time
thereafter to impose penalty and/or terminate the License
agreement and forfeit the Security Deposit, SUBJECT
HOWEVER to the IRCTC having given to the Licensee
fifteen (15) days prior notice in writing to remedy or make
good such breach and in spite of such notice the Licensee
having failed to remedy the breach. Upon termination of this
License agreement as aforesaid, the Licensee shall deliver
vacant and peaceful possession of the premises to the
IRCTC/Railways. The License shall be also be debarred from
participating in the future projects of IRCTC for a period of
one year. The decision of IRCTC in this regard shall be final
and binding.
9.0 ARBITRATION
a. In the event of any dispute or difference between the parties hereto as to the
construction or operation of this contract or the respective right and liability of the
parties on any matter in question, with reference to the contract, 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, such party may submit demand in writing
for reference of dispute to arbitration as prescribed herein.
b. The parties hereto further agree to waive off the applicability of sub-section 12 (5) of
Arbitration and Conciliation (Amendment) Act 2015 and will submit demand in writing
that the dispute/differences be referred to arbitration along with format annexed hereto
as Annexure- H. The demand for arbitration shall specified the matters which are in
question, or subject of dispute or differences as also the amount of claim item wise.
c. Only such dispute or differences, in respect of which the demand has been made,
together with counter claims of setoff given by IRCTC shall be referred to arbitration
and other matters shall not included in the reference.
MULTI BRANDED FOOD COURT AUG-2017 32
d. In the event of demand made as mention herein above, such dispute or difference
arising under any of these conditions or in connection with this contract (except as to
any matters the decision of which is specially provided by these or the special
conditions) shall be referred to Sole Arbitrator from the panel of Arbitrators appointed
by Chairman and Managing Director of IRCTC. The award of arbitrator shall be final
and binding on the parties to this contract. The venue of the Arbitration shall be at
New Delhi. The fees and expenses of the Arbitration tribunal and all other expenses
of the Arbitration shall be borne jointly by the Parties in equal proportion subject to
determination by the Arbitration tribunal.
Agreement towards Waiver under Section 12(5) and Section 31-A (5) of Arbitration and
Conciliation (Amendment) Act
Brief of claim:
10.1 Storage, handling of : The storage, handling of raw materials and finished products
food items will be in extreme hygienic conditions and as per acceptable
norms of the industry. Such storage, handling of raw material
and finish products shall be certified as per norms of the
industry and its standards. The scrutiny in this regard by
quality checks agencies standards to be set by IRCTC need to
be followed.
10.2 Collection of food : IRCTC reserves the right to get the food samples / raw
samples material collected and tested at approved laboratories at the
cost of the Licensee.
10.3 Advertisement/ : The Licensee will not engage in or permit any
Publicity/ advertisement/publicity/sponsorship of any brand or
Sponsorship product, directly or indirectly, without prior approval of
IRCTC.
10.4 Payment of : The Licensee will be liable for payment of all taxes/duties and
taxes/dues other liabilities in respect of the business.
10.5 Liability for : The Licensee shall accept liability for compensation/damages
compensation/ under the Consumer Protection Act or any other law in
damages respect of performance of the services or in respect of any
negligence, act/omission of the Licensee, his workmen,
servants and agents.
10.6 Observance and : The licensee shall, at all times indemnify the IRCTC against all
performance certain claims and penalties which may be suffered by IRCTC or any
acts person employed by them by reason of any default on the part
of the licence in due observance and performance of
provision of:
Workmen’s Compensation Act –1923
Employment of Children’s Act XXVI of 1938 and
Any other relevant laws
10.7 Assignment of : Licensee shall not, without the prior consent of the IRCTC,
License assign the License or any part thereof, or any benefit or
interest therein or there under.
10.8 Compliance of : The Licensee shall comply with any other instructions issued
instructions by IRCTC from time to time within a reasonable time, as may
be necessary to ensure better services.
10.9 Quality/make/source : IRCTC may specify quality/make/source of Packaged
of Packaged drinking water/IRCTC Branded Fruit Drink to be sold by the
Drinking Licensee. The Licensee shall accept IRCTC’s directions in this
Water/Fruit Drink regard.
10.10 Disposal of seized : The Licensee shall not sell the items other than those
unauthorized items approved by IRCTC. Sale of unauthorized items if detected in
contravention to approved items, the licensor or its / his
authorized representative / official may seize such items and
the unauthorized seized items shall be disposed off as per
policy of IRCTC in addition to any penalty to be imposed for
this / such contravention.
MULTI BRANDED FOOD COURT AUG-2017 35
10.11 General : The licensor 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.
Further, IRCTC reserves the right to extend or reduce the
stipulated clause in the tender/License conditions herein
above, in order to meet operational exigencies. The decision
of Chairman and Managing Director of IRCTC in this regard
will be final.
10.12 Check List and Check List for Facilities / Requirements at Multi Branded
Hygiene & quality Food Court is attached as Annecure-3.
parameters
Hygiene and quality parameters for kitchen, food handling,
cleanliness, packaging, etc. is attached at Annexure-4.
In the event of any unforeseen event directly interfering with the operation of License arising during
the currency of the License agreement; such as war, insurrection, restraint imposed by the
Government, act of legislature or other authority, explosion, accident, strike, riot, lock out, act of
public enemy, acts of God, sabotage; the Licensee shall, within a week from the commencement
thereof, notify the same in writing to the Licensor with reasonable evidence thereof. The Multi
Branded Food Court shall be restored as expeditiously as possible or, as the case may be, the
impediment to accessibility shall be removed as expeditiously as possible. If the Said Property
cannot be rendered fit for occupation and use for more than thirty days, the Licensee shall not pay
License Fee for such period till the said property becomes accessible and operational following
cessation of force majeure event mentioned above. The period of License will be further extended
for the period during which License was not operational.
SN Particulars
1. Air curtains at entrances / Exits
2. DG Sets for power back up facility
3. Appropriate lighting in and around the Multi Branded Food Court.
4. Tiled / Marble / wooden flooring easy for cleaning and maintenance.
5. Appropriate interior / exterior wall finishing.
6. Wooden partitions/ Cabins / Wooden stairs / false ceiling / Modern art paintings
7. Transparent glass partitioned pantry area.
8. Insects, flies catchers / Illuminated lights / neon signages.
9. Provision for fire safety measures with appropriate placement of fire extinguishers.
10. Common or Independent Gas Bank’s certified by authorized agencies of oil companies
Change room for the staff with toilet facilities without direct access from within the Multi
11.
Branded Food Court.
12. Display of IRCTC logo and brand name along with the brand name of the licensee.
13. Independent waste / garbage disposal system.
14. Deputing security personnel / Electronic security alarm systems
15. Periodical Pest control systems and installation of insectocutors.
Installation of ISI approved fittings, equipments with AMC (Annual Maintenance
16.
Contracts).
17. Deployment of qualified personnel for supervision
High standard of personalized service with neat uniform, Aprons, Chef caps, hand gloves
18.
with high personal hygiene standards.
Cold Rooms / Store and deep freezer with aluminum / steel shelves for storage of Veg. &
19.
Non-veg. items separately.
Dry Store for storage of Non-perishables with aluminum / wooden shelves separately for
20.
veg. / Non-Veg items.
Modern kitchens with steam boilers / detachable steel grill sinks / Deep freezers /
Refrigerators / Bottle coolers / Hot cases / Dispensers / Modern dough kneading
21. machines. Use of modern electronic gadgets for cooking (Ovens, Micro ovens,
Salamanders, Deep fat fryers , Grillers , Vegetable Peeling / Slicing Machines, Vacuum
cleaners etc.,)
Graphical display of do’s & don’ts to the staff on hygiene, sanitation , storage , food
22.
handling etc.,
Filtered water supply (Hot & Cold) usage for cooking purposes. Use of Stainless steel
23.
vessels, utensils, containers used for cooking purposes.
24. Pot wash area with supply of Hot & Cold water for cleaning of utensils.
25. Use of disposable dustbin covers of appropriate sizes.
26. System of simultaneous cleaning schedules along with the production process.
27. Stainless steel work tables, trolleys, shelves, Sinks etc.,
28. Standardized packing systems at appropriate quantities with approved packing material.
29. System of weighing, measuring, sealing, marking etc., on the packing area.
Use of Trolleys with appropriate sizes and capacity for transportation to storage and
30.
delivery area.
MULTI BRANDED FOOD COURT AUG-2017 39
31. Temperature control Mechanism for packing area.
32. Air conditioning of all outlets.
33. Use of updated Menu cards without correction.
34. Use of bio-degradable disposables/eco-friendly food grade material for packaging .
35. Provision for Complaint / Suggestion book supplied by IRCTC
36. System of obtaining minimum 500 feed back in 6 months from guests / passengers
37. Networked computerized billing.
Provision for safe drinking water confirming to the standards stipulated by BIS from time
38.
to time/ water filters.
Hand wash basins with provision for liquid soaps and hand drier. Separate wash room
39.
facilities for Gents & Ladies.
40. Facilities for differently abled.
Note: - Above are mandatory provisions, however, these can be relaxed depending on
requirements, site conditions etc.
The manual on quality for food and personal hygiene will define good hygiene practices to be
followed in base kitchens, Multi Branded Food Court, Fast Food Units, food handling, in Mobile
Pantry cars, and catering services at stations. All personnel should be aware of their food and
personal hygiene responsibilities, and must have adequate training to maintain the highest standards
of food and personal hygiene.
Hazard Analysis Critical Control Point, HACCP, is a food handling and operation approach which
promotes food safety by identifying food hazards and applying and monitoring necessary control
measures at points critical to safety.
The HACCP approach is being actively encouraged for ensuring food hygiene. It is necessary to
maintain high level of cleanliness within the food premises (where food is stored, prepared and
processed) and to ensure that prepared and raw food is kept separate.
The production of high quality safe food can only be achieved if you utilize sound raw
ingredients that are free from contamination.
All raw materials should be received in storeroom, which should be separate from the food
preparation area. Timings of receipt from different vendors be fixed to allow adequate
quality check time. Temperature audit during receipt for perishables must be implemented
as these affect the shelf life during storage as well as the end product.
All items must be coded with receipt and use by date to allow maintenance of FIFO (First in
First Out). This ensures safe consumption time slots, appropriate quality maintenance and
product integrity.
Examine and categorize each lot for degree of ripeness and maturity in case of fresh fruit
and vegetables. Each category be stocked separately to understand the stocks and indenting
for fresh supplies. This restricts wastage.
Examine the freshness of vegetable by colour, firmness of flesh and odor for fresh meat and
fish.
The presence of dust and foreign material like stones, hairs, nuts, bolts, wires, staples,
feathers, rat droppings, papers, cigarette ends, earrings, fingernails, buttons, pen tops should
be seen and removed.
All perishables should be used within a short time especially in hot weather.
DELIVERY AREA
Food will not be left open to possible contamination. Arrangements will be made to ensure
that food delivery is made in secure areas free from all risks.
Food will be placed 18 inches above the ground, in an area free from contamination.
The entire facility, including the floors, walls, ceilings, windows, screens, doors etc. must be
cleaned at regular intervals to prevent any accumulation of rubbish.
All food contact surfaces should be cleaned and sanitized after every use.
All fans and blowers of coolers, freezers, kitchen and storage areas must be regularly cleaned
to prevent build up of any debris and contamination.
The production area must be thoroughly cleaned at least twice in every 24 hours. The
recommended cleaning procedure is a wet wash.
Drains should not get clogged which leads to foul smelling organic matter.
Remove all waste material deposited on the grates and shelves. This will keep drains from
clogging and emitting foul smell.
All kitchen equipment must be disassembled, washed and sanitized after use. Ongoing
cleaning must be carried while production is on. This includes frequent removal of garbage
in linings for uninterrupted production.
Maintain weekly schedule for thorough cleaning. Nominate a day for the purpose and
display it prominently.
Leftover food items should be condemned as per rules and schedule of powers.
Insects and other foreign materials like dust, hairs, etc. from cereals, pulses, etc. should be
removed before washing.
Dry stores should be stored in airy rooms, and there should be no dampness. Keep some
space off from the walls and floors to enable regular cleaning. Do not use damaged, rusty or
dented cans for storage. All storage cans should have proper covers.
Store food material at proper temperature to prevent growth of bacteria, the most common
contaminating agent. Stop contamination, multiplication of bacteria and food poisoning.
Generally most bacteria inactivate at freezing point i.e. zero degree and below. Between 1.7
and 1.4 degree Celsius they start becoming active but grow slowly. As the temperature rises,
they grow faster. Keep food at following recommended temperatures:
Deliveries of food items will be accepted only by a person authorized to do so and who will
check:
If the foods are substandard the authorized person will ensure the following action:
When goods are found contaminated on arrival. The goods will be stored separately until
inspected and it will be the responsibility of the Manager to notify the supplier;
Dry goods will not be placed into store until they have been checked for pest damage or
infestation.
Scales will be thoroughly cleaned between the weighing of different goods, especially raw
products. Separate scales will be provided for raw meat and high-risk foods, each clearly
marked for intended use.
Containers used for the receipt, storage or distribution of goods will be kept scrupulously
clean and dry.
New stock will be placed behind/beneath older stock in store or refrigeration, subject to
date coding.
Stock will be stored off the floor on racks. Racks of adequate capacity will be provided for
this purpose.
All opened dry food products and those in inadequate packaging will be stored in pest proof
containers that will be maintained scrupulously clean.
Cleaning chemicals and materials will never be stored with or in close proximity to food or
food equipment.
Storage containers will be washed clean when empty and allowed to dry. Goods stored in
bins will be allowed to run down completely at least weekly, to facilitate regular cleaning.
Storage of Bread:
a) To be inspected regularly to ensure that those which are “blown”, badly dented,
seam damaged or rusty are not used.
To store them in a dry, cool and well ventilated area, away from other foods. Goods will be
inspected daily and any deteriorated items removed.
a) Milk and cream will be kept separate from all raw products.
b) Fresh milk and cream will be placed in a refrigerator or cold storage
Refrigerators will be placed away from heat source (e.g. cooking appliances, sun rays) in a
well-ventilated area. They will be so sited that all surrounding areas can be properly cleaned.
Refrigerators will not be overstocked. Food will not be put in front of cooling elements or
tightly packed, so as to prevent air from circulating.
Cooler and freezer must have two thermometers each with proper display to monitor and
maintain appropriate temperature.
Where a refrigerator is not fitted with automatic defrost, it will be defrosted and thoroughly
cleaned at least weekly. Spillages will be cleaned up immediately. Units with automatic
defrost will be defrosted and cleaned every month.
Food under refrigeration will be checked daily to ensure that the quality is maintained and
stock is rotated effectively. All food past its “best by” or “use by” date will be discarded.
Wherever possible, cooked and raw foods will be stored entirely separately and each freezer
will be labeled with its intended use. When this is not possible, for example, in a large deep
freezer, then separate areas will be designated and clearly labeled, indicating cooked and raw
food storage areas.
All freezers with automatic defrost cycles will be defrosted and cleaned out thoroughly every
three months. The shelves will be cleaned weekly.
All foods will be wrapped/covered entirely separately and where appropriate, placed on
separate trays.
In mixed refrigerators, high-risk foods will be stored on shelves above raw foods.
If shelves have been used for raw foods, these will be removed and thoroughly disinfected
before using for cooked foods.
Refrigerators will be thoroughly cleaned weekly
Cutting area and dressing rooms should be separate from the food preparation area.
Vegetables and fruits should be passed through chlorinated water before they are thoroughly
washed in running water.
Cut vegetables and fruits should be thoroughly washed before transferring them to the
kitchen.
Waste material should be collected in disposable bags and transferred to the garbage bins
regularly.
MULTI BRANDED FOOD COURT AUG-2017 45
7. FOOD PREPARATION
This being the main part of kitchen, care should be taken to keep it thoroughly clean.
Floor should be regularly mopped and no washing is allowed in this area.
Be vigilant and report any damaged equipment or surfaces, leaking oil, missing nuts or bolts,
leakage of gas, etc.
Cooks and helpers should always use aprons and head gears. They should wash their hands
in Potassium Permanganate solution before starting food production.
Keep separate utensils and spoons for non-vegetarian and vegetarian food.
Use non-saturated branded vegetable oil as cooking medium.
Only hot water should be used for floor cleaning after the operation has been completed.
Anti-grease detergents should be used for such areas.
In restaurants cooked food needs to be kept for some time before it is served because of
large quantity of food involved and service time is fairly long. Bain-maries for hot food and
refrigerators/deep freeze for cold food should be used:
To avoid contamination and to safeguard the health of the customers food should be kept at
following prescribed temperatures:
9. PACKAGING OF FOOD
Packaging improves presentation and facilitates handling. It should retain heat in case of hot
foods and control temperature in case of cold foods.
Only proper cleaned and sanitized container must be used for packaging.
Do not keep food uncovered even while packaging
Use food grade material for packaging to avoid food poisoning
Do not use wax coated paper containers for serving food
10. WATER
Only potable water will be used for drinking, food preparation, drink dispensers and ice
making. Where necessary water will be filtered and treated on-site to ensure all water for
these uses is potable.
UV water purifier should be provided for supply of potable water.
MULTI BRANDED FOOD COURT AUG-2017 46
11. SINKS
Food preparation equipment, food etc will not be stored under sinks.
Separate sinks will, where possible, be provided for each preparation purpose, i.e. raw meat,
vegetables, fish, etc. These sinks will be labeled with their intended use.
Sinks will not be used for personal hygiene uses, e.g. hand washing, unless specifically
designated for the use.
Sinks will be cleaned thoroughly after every use.
Hand washing facilities will be provided in readily accessible positions throughout food
handling areas.
Hand washbasins will be provided with hot and cold running water or water at a suitably
controlled temperature.
Wash hand basins will be provided in the staff changing facilities and toilet areas. Notices
will be displayed instructing staff to wash their hands.
Only equipment in current use will be stored in kitchen areas. Damaged and worn
equipment that cannot be readily cleaned will be replaced.
The condition and cleanliness of equipment utensils and cleaning cloths will be inspected
daily.
Food preparation equipment and utensils will be cleaned immediately after use.
Utensils, food containers and pans will be washed thoroughly, using hot water and a
detergent and then rinsed in water at a minimum temperature of 70 degree C, to ensure
adequate disinfection.
Cooking equipment and storage racks will be located so as to enable areas below and around
to be easily cleaned.
Equipment used for raw meat or vegetable preparation will not be used for cooked or other
high-risk food preparation.
Cutting and preparation boards will be checked daily for excessive wear and appropriate
action taken.
Food preparation surfaces will be used for one purpose only. Raw and cooked foods will
not be prepared on the same surface. Each surface will be labeled or colour coded with its
intended use.
Work surfaces will always be cleaned down before and after use, in line with the
recommended method.
Raw food will, at all times, be kept apart from food to be served without further heat
treatment.
Separate areas will be provided for the preparation of raw meats, cooked meats and raw
vegetables, with preparation tables being used exclusively for that purpose. Each area will be
labeled with its intended use.
Separate utensils will be provided for the preparation of cooked meats and other high-risk
foods, raw meat, raw vegetables and fish.
Protective headgear will be worn to ensure hair and dandruff do not contaminate food or
surfaces.
Annual medical examination of all staff has to be ensured and a fitness certificate issued.
Skin lesions, boils, rashes, cuts and discharge from any site are hazardous and can
contaminate food with food poisoning bacteria. Staff with diarrhea or vomiting may also
contaminate food with food poisoning bacteria.
All the staff handling food must take every precaution to ensure that such germs are not
passed on to food. A few simple rules are, therefore, necessary and all who are employed in
handling food must abide by them.
Scrupulous personal cleanliness is essential to clean food handling and the highest standard
must be achieved and maintained at all times by those responsible for food storage,
preparation, cooking and service.
Protective clothing such as apron, headgear, hand gloves etc. must be worn before entering
and working in food processing area.
Food should be touched by hand only when there is no alternative-and hand cleanliness is
the basic rule of hygiene.
Hands and arms must be washed with soap in running hot water and rinsed thoroughly in a
wash hand basin designated specifically for such use:
Nails must be kept short and scrupulously clean and not bitten. Nail varnish is not
permitted.
Food or drink should not be consumed whilst working in food handling areas.
Hats should be scrupulously clean and must be worn at all times when handling food or in a
food room.
19. TRAINING
Staff Training
All staff must receive appropriate food and personal hygiene training to ensure that they are
able to comply with the hygiene requirements. Initial training should be given on induction
and refresher training undertaken on annual basis. The training programme must be in
written format, in vernacular, and records must be maintained on imparting of training with
acknowledgement of staff,
All food handlers should undertake induction training during their first week of
employment. Such training should include:
20. CLEANING
Cleaning equipment, chemicals and materials will be stored in a purpose built room or
cupboard, within or adjacent to catering areas. When not in use, the room or cupboard will
be kept locked shut.
Cleaning equipment, chemicals and materials will be returned to the cleaning room or
cupboard immediately after use. It will not be stored in the kitchen preparation, storage or
serving areas.
Cleaning materials will never be stored in food or equipment stores where they may
contaminate food or equipment.
All food surfaces, food and equipment will be covered whenever large scale cleaning takes
place.
All equipment used for cleaning will be cleaned after use and prior to storage.
MULTI BRANDED FOOD COURT AUG-2017 50
21. PEST CONTROL
Pest control measures have to be adopted with schedule of pest control to be displayed.
Insects and rodent pests, cats and birds can spoil and contaminate food. They can also use
cause considerable damage to food stocks and premises.
Food handling areas provide ideal conditions for the survival and multiplication of pests.
All dry goods will be checked at the time of delivery, for pest infestation or damage before
being placed into the storage area.
Open dry food will be kept in pest-proof containers with close fitting lids. The lids will be
replaced immediately after use.
All stored goods will be kept off the ground and clear of walls, with adequate space between
stock to enable regular inspection and cleaning.
To ensure that food premises are maintained free of pests and any reported incidents receive
attention, a competent person or pest control contractor must be employed to:
a) Inspect areas within the food premises that have been previously treated.
b) Inspect areas within the location that are particularly vulnerable to infestation
by pests
c) Inspect the food premises for any necessary proofing works or items
conducive to pest infestations.
Insects, including silverfish, flies, cockroaches, ants, moths, weevils, beetles, wasps, mites
and posits (booklice)
The adult insect, pupae, larvae or juveniles- (Dead or alive)
Webbing of food packaging, in the food itself, on storage shelves or equipment.
Small tunnels or holes in some food or packaging.
Molted skins, faucal pellets, egg or egg pouches (cockroaches)
Offensive odors may indicate an infestation.
Kitchens should be airy and it should have wire meshing on windows, doors and skylights
and air curtain on main doors. Electrical chimney/exhaust hood should be provided to suck
hot air and effluents from the kitchen. Wall fans should be provided to cool staff but not to
bring wind currents on gas stoves. Other rooms should have exhaust fans.
All incoming forced air must be filtered. All rest rooms must be equipped with exhaust fan
and rest room ventilation must have vents directly outside.
Adequate number of flycatchers (insectocutors) to control fly and other insects in the area
must be installed in the kitchen.
There should be a washroom attached to the base kitchen, which should be provided with
washbasin, soap, looking glass and hand dryer.
The kitchen should be facilitated with requisite temperature control system to allow
appropriate temperature maintenance in the working facility. Recommended temperature
for cold kitchen is 70 degree Fahrenheit. Hot kitchen area should preferably be isolated and
equipped with hot air exhaust and fresh air intake fans.
Major base kitchens should have standard electrical equipment with annual maintenance
contract.
Cold rooms and deep freeze should be provided in case large quantity of food is to be stored
for a longer time.
Good quality utensils preferably stainless steel containers for preparing vegetables and steel
containers for tea etc. should be provided which may be appropriately replaced from time to
time. In addition following equipment may also be provided and maintained depending
upon the size of the kitchens.
i) Vegetable peelers,
ii) Dough kneading machine,
iii) Masala/wet grinders,
iv) Cooking range,
v) Rice and water boilers,
vi) Bain-maries for keeping hot food for restaurant service,
vii) Trolleys for transfer of food within the kitchen,
viii) Hot meal trolleys for transfer of food to trains, and
ix) Weighing scales.
MULTI BRANDED FOOD COURT AUG-2017 52
Floors
Walls
Solid walls, coved at the junctions with floors and ceilings, are preferable.
Wall surfaces should be durable, smooth, impervious and readily cleaned. All cracks should
be filled.
This pre-bid pre-contract Agreement (hereinafter called the integrity pact ) is made on _____ day of
____, 2017 between, on one hand, the Indian Railway Catering & Tourism Corporation Limited
(IRCTC) acting through Shri Raj Kumar Chand, DGM/LCS, (hereinafter called the “BUYER”,
which expression shall mean and include, unless the context otherwise requires, his successors in
office and assigns) of the First Part and M/s ___________ represented by Shri __________Chief
Executive Officer (hereinafter called the “BIDDER/Seller” which expression shall mean and
include, unless the context otherwise requires, his successors and permitted assigns ) of the Second
Part.
WHEREAS the BUYER proposed to procure (Name of the Stores/Equipment/Item) and the
BIDDER/Seller is willing to offer/has offered the stores and
NOW, THEREFORE,
To avoid all forms of corruption by following a system that is fair, transparent and free from any
influence/prejudiced dealing prior to, during and subsequent to the currency of the contract to be
entered into with a view to:-
Enabling the BUYER to obtain the desired said stores/equipment at a competitive price in
conformity with the defined specifications by avoiding the high cost and the distortionary impact
of corruption on public procurement, and
Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order to secure
the contract by providing assurance to them that their competitors will also abstain from bribing and
other corrupt practices and the BUYER will commit to prevent corruption, in any form, by its
officials by following transparent procedures.
The parties hereto hereby agree to enter into this integrity Pact and agree as follows:
1.3 All the officials of the BUYER will report to the appropriate Government office any
attempted or completed breaches of the above commitments as well as any substantial
suspicion of such a breach.
2. In case any such preceding misconduct on the part of such official(S) is reported by the
BIDDER to the BUYER with full and verifiable facts and the same is prima facie found to
be correct by the BUYER, necessary disciplinary proceedings, or any other action as deemed
fit, including criminal proceedings may be initiated by the BUYER and such a person shall
be debarred from further dealing related to the contract process. In such a case while an
enquiry is being conducted by the BUYER the proceedings under the contract would not be
stalled.
Commitments of BIDDERs
3. The BIDDER commits itself to take all measures necessary to prevent corrupt practices,
unfair, means and illegal activities during any stage of its bid or during any pre-contract or
post- contract stage in order to secure the contract or in furtherance to secure it and in
particular commit itself to the following:-
3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift,
consideration, reward, favour, and material or immaterial benefit or other
advantage, commission, fees, brokerage or inducement to any official of the
BUYER, connected directly or indirectly with the bidding process, or to any person,
organization or third party related to the contract in exchange for any advantage in
the bidding, evaluation, contracting and implementation of the contract.
3.2 The BIDDER further undertakes that it has not given, offered or promised to give,
directly or indirectly any bribe, gift, consideration, reward, favour, any material or
immaterial benefit or other advantage, commission, fees, brokerage or inducement to
any official of the BUYER or otherwise in procuring the Contract or forbearing to
do or having done any act in relation to the obtaining or execution of the contract or
any other contract with the Government for showing or forbearing to show favour
or disfavor to any person in relation to the contract or any other contract with the
Government.
3.3 * The BIDDER shall disclose the name and address of agents and representatives
and Indian BIDDERs shall disclose their foreign principals or associates.
3.4 * The BIDDER shall disclose the payments to be made by them to agents/brokers
or any other intermediary, in connection with this bid/contract.
3.5 * The BIDDER further confirms and declares to the BUYER that the BIDDER is
the original manufacturer/integrator/authorized government sponsored export
entity of the defense stores and has not engaged any individual or firm or company
whether Indian or foreign to intercede, facilitate or in any way to recommend to the
BUYER or any of its functionaries, whether officially or unofficially to the award of
the contract to the BIDDER, nor has any amount been paid, promised or intended
5.2 The Earnest Money/Security Deposit shall be valid upto a period of five years or the
complete conclusion of the contractual obligations to the complete satisfaction of
both the BIDDER and the BUYER , including warranty period, whichever is later.
5.3 In case of the successful BIDDER a clause would also be incorporated in the Article
pertaining to Performance Bond in the Purchase Contract that the provisions of
Sanctions for Violation shall be applicable for forfeiture of Performance Bond in
case of a decision by the BUYER to forfeit the same without assigning any reason
for imposing sanction for violation of this Pact.
5.4 No interest shall be payable by the BUYER to the BIDDER on Earnest
Money/Security Deposit for the period of its currency.
6.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it
or acting on its behalf (whether with or without the knowledge of the BIDDER)
shall entitle the BUYER to take all or any one of the following actions, wherever
required:-
(i) To immediately call off the pre contract negotiations without assigning any
reason or giving any compensation to BIDDER. However, the proceedings with
the other BIDDER (s) would continue.
(ii) The Earnest Money Deposit (in pre-contract stage) and/or Security
Deposit/Performance Bond (after the contract is signed) shall stand forfeited
either fully or partially, as decided by the BUYER and the BUYER shall not be
required to assign any reason therefore.
(iii) To immediately cancel the contract, if already signed, without giving any
compensation to the BIDDER.
(iv) To recover all sums already paid by the BUYER, and in case of an Indian
BIDDER with interest thereon at 2% higher than the prevailing Prime Lending
Rate of State Bank of India, while in case of a BIDDER from a country other
than India with interest thereon at 2% higher than the LIBOR. If any
outstanding payment is due to the BIDDER from the BUYER in connection
with any other contract for any other stores, such outstanding payment could
also be utilized to recover the aforesaid sum and interest.
(v) To encash the advance bank guarantee and performance bond/warranty bond, if
furnished by the BIDDER, in order to recover the payments, already made by
the BUYER, along with interest.
(vi) To cancel all or any other Contracts with the BIDDER. The BIDDER shall be
liable to pay compensation for any loss or damage to the BUYER resulting from
such cancellation/rescission and the BUYER shall be entitled to deduct the
amount so payable from the money(s) due to the BIDDER.
(vii) To debar the BIDDER from participating in future bidding processes of the
Government of India for a minimum period of five years, which may be further
extended at the discretion of the BUYER.
6.2 The BUYER will be entitled to take all or any of the action mentioned at para 6.1 (i)
to (x) of this Pact also on the Commission by the BIDDER or any one employed by
it or acting on its behalf (whether with or without the knowledge of the
BIDDER), of an offence as defined in Chapter IX of the Indian Penal Code, 1860
or Prevention of Corruption Act, 1988 or any other statute enacted for prevention
of corruption.
6.3 The decision of the BUYER to the effect that a breach of the provisions of this Pact
has been committed by the BIDDER shall be final and conclusive on the BIDDER
However, the BIDDER can approach the independent monitor(s) appointed for the
purposes of this Pact.
7. Fall Clause
The bidder undertakes that he/she shall not sell or offer to sell the product/products of identical
description to any organization, such as any Department of Central Government or any Department
of State Government or any statutory undertaking of the Central or a State Government or a PSU,
as the case may be, at a price lower than the price chargeable under this Rate Contract, till the
currency of Rate Contract.
In case the supplier sells or offers to sell the product or any product of identical description, during
the currency of the contract, at a lower price to any organization such as any Department of Central
Government or any Department of State Government or any statutory undertaking of the Central
or State Government or a PSU, then the difference in the cost would be refunded by the bidder to
the buyer.
8. Independent Monitors.
8.1 The BUYER has appointed Independent Monitors (hereinafter referred to as
Monitors) for this Pact in consultation with the Central Vigilance Commission.
a) Shri Sudesh Kumar, IRSEE (Retd.), C-902, classic Apartments, IRWO, Rail Vihar,
Phase-3, Sector-57, Gurgaon-122003.
b) Smt. A.P.Shrivastava, IRS (Retd.), 1004,B-1 Building, Bramha Emerald County,
Kause Baug, NIBM Road, Pune-411048.
8.2 The task of the Monitors shall be to review independently and objectively, whether
and to what extent the parties comply with the obligations under this Pact.
8.3 The Monitors shall not be subject to instructions by the representatives of the parties
and perform their functions neutrally and independently.
8.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he
will so inform the Authority designated by the BUYER.
8.6 The BIDDER(s) accepts that the Monitor has the right to access without restriction
to all Project documentation of the BUYER including that provided by the
BIDDER. The BIDDER will also grant the Monitor, upon his request and
demonstration of a valid interest, unrestricted and unconditional access to his project
documentation. The same is applicable to Subcontractors. The Monitor shall be
under contractual obligation to treat the information and documents of the
BIDDER/Subcontractor(s) with confidentiality.
8.7 The BUYER will provide to the Monitor sufficient information about all meetings
among the parties related to the Project provide such meetings could have an impact
on the contractual relations between the parties. The parties will offer to the Monitor
the option to participate in such meetings.
8.8 The Monitor will submit a written report to the designated Authority of
BUYER/Secretary in the Department and, should the occasion arise, submit
proposals for correcting problematic situations.
9. Facilitation of Investigation
In case of any allegation of violation of any provisions of this Pact or payment of commission, the
BUYER or its agencies shall be entitled to examine all the documents including the Books of
Accounts of the BIDDER and the BIDDER shall provide necessary information and documents in
English and shall extend all possible help for the purpose of such examination.
This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the
BUYER.
The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may
follow in accordance with the provisions of the extant law in force relating to any civil or criminal
proceedings.
12. Validity
12.1 The validity of this Integrity Pact shall be from date of it signing and extend up to 5
years or the complete execution of the contract to the satisfaction of both the
BUYER and the BIDDER/Seller, including warranty period, whichever is later. In
case BIDDER is unsuccessful, this Integrity Pact shall expire after six months from
the date of the signing of the contract.
MULTI BRANDED FOOD COURT AUG-2017 59
12.2 Should one of several provisions of this Pact turn out to be invalid; the remainder of
this Pact shall remain valid. In this case, the parties will strive to come to an
agreement to their original intentions.
13. The parties hereby sign this Integrity Pact at New Delhi on DD : MM: 2017.
BUYER BIDDER
Witness Witness
* Provisions of these clauses would need to be amended /deleted in line with the policy of the
BUYER in regard to involvement of Indian agents of foreign suppliers.
An agreement made this (Date) day of (Month), (Year) between the Indian Railway Catering and
Tourism Corporation Ltd. (IRCTC), having its Registered Office at 11th Floor, Statesman House,
148 Barakhamba Road, New Delhi, acting through (Designation) (herein after called “THE
LICENSOR”) which expression shall where the context so admits include its successor and assigns
of the ONE PART.
AND
Whereas
(a) the Licensor has decided to award the licence, vide letter no. ________, to set up and operate
Multi Branded Food Court at (name of the Station) to the Licensee in pursuance of the
technical/financial bid dated _______submitted by the Licensee.
(a) the Licensee has accepted the award of licence and terms and conditions contained in the bid
document, vide letter no. _______.
(b) Copy of site plan measuring ____ sqmt. (approx.), as enclosed with tender conditions is
enclosed at Annexure-1.
IRCTC will provide space, on as is where is basis. The Licensee will have to construct the building
or renovate the space, as the case may be, in consonance with the existing building bylaws of the
State. The covered area will normally not exceed a specified limited fixed by IRCTC. The Licensee
will be responsible for operation (himself and/or by engaging service providers), maintenance,
marketing and management of the Multi Brand Food Court. A standard Multi Branded Food Court
will have the following characteristics:
2.1 General : The licensee may operate one or more unit in MBFC Complex.
e) Ice-cream/shakes / Juices: -
Cream bell, Baskin Robbin, Giyanis,
Coco Berry, Amul, Vadilal, Kwality Walls, Gelato etc.
2.3 Menu & Rate : Menu & Rate list as mutually agreed between service provider of
list branded outlets and the licensee. It will require approval by IRCTC.
It will not be revised more than 03 times in an year for each outlet.
Rates should not be higher than main open market rates. All
promotional scheme of the brands will be applicable in the Food
Court.
2.4 Common Area : The licensee shall be responsible for overall upkeep of the MBFC
complex including common area.
2.5 Service : Service provider is the entity who shall be setting up Branded Food
Provider. Outlet in MBFC Complex.
2.9 Promotional : Promotional activities such as free gifts, joyride etc., within the Multi
activities Branded Food Court premises, can be undertaken by licensee, under
advise to IRCTC who reserves the right to approve/ disapprove any
such use.
2.10 Branded / : Licensee is authorized to sell branded items only. PAD items will be
PAD items sold at price not more than printed MRP and brands for PAD items
will be as per approved list of IRCTC/Railways.
Licensee shall submit the list of brands to be sold in the unit for the
information of IRCTC. However, IRCTC reserves the right to
specify the brands to be sold and such instructions shall be final and
binding.
2.17 Centralized : For convenience of passengers Principle licensee may arrange for
billing system Prepaid rechargeable Card system redeemable at all outlets so as to
enable cashless transactions at each of the outlet of the unit.
However, billing may be done at Individual outlets. All billing should
be necessarily computerized . Electronic mode of payment like Debit
Card/Credit Card/ e-wallets should be readily acceptable.
2.18 Display of : IRCTC logo & brand name will be prominently displayed in
Brands adequate size at least four (04) locations by the licensee.
3.1 Total tenure of License : Term of License for Multi Branded Food Court will be (9)
Nine years from the date of commissioning of the unit. There
will be no further extension/ renewal after expiry of
license.
4.5 Refund of Security : The Security Deposit will be refunded without interest by the
Deposit IRCTC at the time of peaceful vacation of the Railway
premises by the Licensee after providing for settlement of all
dues or arrears arising out of the use of Railway premises by
the Licensee.
4.6 Maintenance of record : Licensee will be required to maintain proper record of daily
of gross sales turn sales to ascertain the Gross Sales Turnover (Including Tax)
over and make it available for inspection by IRCTC. The Licensee
shall maintain full records pertaining to the Multi Branded
Food Court (accounts, vouchers, bills etc.)
4.7 Interest on late : The delayed payments of Licence fee, without prejudice to any
payment other rights of the IRCTC will attract interest @ 18% per
annum calculated for the number of days of default.
4.8 Recovery of : IRCTC reserves the right to recover any outstanding dues
outstanding amount from the Licensee by adjusting the same against any
amount/security of the Licensee or any amount payable to the
Licensee either under this contract or any other contract.
4.9 Mode of payment : Licence fee, Security Deposit and any other dues shall be
payable through Demand Draft/Banker’s Cheque or Cheque
drawn at the City of respective Zonal Offices in favour of
IRCTC Ltd.
4.10 Annual returns : Licensee shall submit the annual returns of statutory taxes to
IRCTC. Annual audited accounts for the unit should also be
submitted every year on or before 30th September of the
following financial year.
5.1 Construction of Multi : Licensee will construct the Multi Branded Food Court as per
Branded Food Court the approved plan within the area specified in bid documents
in accordance with applicable building bye laws. The plans will
be forwarded by IRCTC for approval by the respective
Railways. (part of Specifications and SOW)There should
generally be other facilities also like washrooms etc. The
Licensee would also be required to ensure the proper upkeep
and maintenance of premises. Licensee should provide
covered drainage facility in the Multi Branded Food Court and
maintain it regularly.
5.2 Waste disposal : The Licensee would have to arrange for adequate solid waste
disposal system for the Multi Branded Food Court. Licensee
will arrange collection of garbage after each service and its
proper disposal.
5.3 Engagement of : Licensee may engage service provider(s) a portion of the Multi
Service Provider Branded Food Court to any other food retailer as specified in
Scope of Work earlier for the purpose of expanding the food
variety for the customers. The selection of the service
provider would be as per the eligibility criteria laid out for
them. The selection / change of any service provider would
be permitted only after the approval of the IRCTC. IRCTC
will grant such approval in case the service provider fulfills the
following criterion laid down: -
An individual or proprietorship/ reputed firm/company
in Catering / Hospitality business for handling Food &
Beverages.
5.14 Compliance of Food : Licensee shall be responsible for the compliance of the
Safety and Standard provisions of Food Safety and Standard Act, 2006 or any
Act other amendments thereto.
5.17 No unlawful/ illegal : Licensee shall not carry on any unlawful immoral or illegal
activity activity at the station.
5.27 Reg. provision of gas : The gas burners/cooking ranges should be ISI approved and
burners/cylinders etc. covered by a suitable maintenance contract by the Licensee.
The safe working of equipment and adherence to the
regulations should be certified by an authorized oil agencies.
5.28 Provision of catering : The Licensee will be required to provide catering services on
services in emergent demand to Railway personnel and passengers in case of
situations emergencies, accidents, and restoration. Payments will be made
subsequently on presentation of bills.
5.29 Cleaning of utensils : The Licensee shall ensure that utensils, crockery etc. are
washed and cleaned with clean water and standard quality
detergent/soaps. Recycling dirty water for cleaning shall not be
allowed.
5.30 Damage to KRCL : The Licensee shall be responsible for all damages caused to the
premises KRCL premises arising out of facts of omission and
commission of their staff.
5.31 Licensee to provide : The Licensee shall undertake to render any other service as
other services may be required of him by the IRCTC on mutually acceptable
terms.
5.33 Handing over of : Upon the expiration of this agreement or its earlier termination
premises in accordance with the terms, conditions, obligations hereof
the Licensee shall remove themselves from the said Railway
premises together with all his belongings and effects and shall
deliver vacant possession of the premises to the
IRCTC/Railways with the IRCTC/Railways’ fixtures and
effects therein in good condition.
5.34 Use of containers only : Staff of the Licensee shall not carry any food item in their
pockets/card boxes/mineral water cartons etc. and only food
grade container should be used for this purposes.
5.35 Use of gloves : Waiters should service with disposable food grade gloves.
5.37 Enquiry into the : “The Licensee shall not in any capacity employ any person of
antecedents of the bad character or any person, whose antecedents have not been
employees investigated / certified by the Police Authorities / MP /
MLA/ MLC/Councilor /1st Class Magistrate and shall issue an
appointment certificate (signed by the Licensee) – which shall
contain a photograph of the employed with his or her
left/right hand thumb impression affixed thereon in Printer’s
ink which he will carry with him/her while on duty. The
expenses for such verification are to be borne by the
Licensee.”
6.1 Issue of medical : IRCTC will assist licensee for issuance of medical certificates to
Certificate the staff of the Licensee.
6.2 Inspection by IRCTC : IRCTC will inspect/check the services for reviewing its
standards, quality and variety of food items, standards for
maintenance of cooking areas and washing areas, disposal
systems etc. of the Licensee at any time and may authorize any
person or agency for this purpose to access the performance of
Licensee. In case of unsatisfactory performance or complaint of
any nature, IRCTC will be competent to initiate suitable action
against the Licensee including termination of the License as per
the terms and conditions of the agreement.
6.3 Right to resume the : The IRCTC/Railway administration reserves the right to resume
possession of the possession of the leased premises, if required for the purpose of
premises working of the Railway.
6.4 Provision of space on : IRCTC will provide spaces as earmarked by Railways on “As is
as is where is basis where is basis” to the licensee on lease and license basis. The
locations earmarked may be open spaces or spaces with old
building structure. Such locations will be handed over in the
same condition and no further alterations/demolitions of the
old structure building will be carried out by IRCTC/Railways.”
6.5 Electricity and Water : IRCTC will assist in getting the electricity connection/access,
Connection power sanction, water connection/access, etc. from the Railways
or other authorities.
6.6 Payment of property : The Licensor shall at all times bear property Tax with respect to
tax the Multi Branded Food Court as may be demanded by any
competent/local authority.
6.7 Quality Monitoring : IRCTC will monitor the quality of the food items by conducting
System regular inspections, taking independent users feedback.
Fines/Penalties will be imposed suitably if the quality of the
food is not maintained by the Licensee.
7.1 Submission and : (a) Licensee shall submit preliminary plans, specifications
approval of plans and tentative time schedule for commissioning of Multi
Branded Food Court to IRCTC, through an
experienced architect within 30 days from the date of
remittance of security deposit or as advised by IRCTC.
7.3 Failure to commission : In the event of failure to commission the Multi Branded
the Multi Branded Food Food Court, the Licensee will have to provide a written
Court explanation within a week to the IRCTC. In case IRCTC
considers the explanation to be unsatisfactory, it reserves
MULTI BRANDED FOOD COURT AUG-2017 73
the right to annul the License and forfeit the security
deposit. The decision of IRCTC’s will be final and binding
in this regard.
7.4 Alteration/renovation of : The Licensee will be allowed to carry out any alteration or
the Multi Branded Food renovation in the Multi Branded Food Court. For all these
Court actions the Licensee will have to take prior approval of the
IRCTC or the designated authorities.
7.5 Failure to deposit : Licensee is required to deposit annual License Fee as
License fee enumerated herein above, , failing which IRCTC may take
necessary action to recover the dues including termination
of licence, IRCTC will charge interest at the rate 18% per
annum calculated for the number of days of default.
7.6 Liability of IRCTC : The IRCTC will not be liable for any liability arising under
the labour laws or any other law of the land, incurred by the
Licensee.
7.7 Entitlement of : In case the Licensee suffers any loss on account of his
compensation being restrained by the IRCTC or any competent authority
for indulging in illegal activities or any contravention of any
law, he shall not be entitled to any compensation
whatsoever.
7.8 Indemnification by : The Licensee will indemnify the IRCTC/Railway
Licensee administration for any loss or damage caused by Licensee
because of his fault or default.
7.9 Verbal or written : Excerpt as here by otherwise provided any verbal or written
arrangements other than arrangements abandoning varying or supplementing this
the agreement agreement or any of the terms hereof shall be deemed
conditional and shall not be binding on the IRCTC unless
until the same is endorsed on the agreement or
incorporated in a formal instrument and signed by the
party(s).
7.10 Presence of Licensee/ : The Licensee or a duly authorized and competent Manager
authorized Manager appointed and paid by the Licensee shall remain present in
person to manage or supervise the business to be carried on
under the provision of this agreement and to ensure that
the obligations of Licensee under the agreement are duly
performed and observed. In addition, Licensee or a duly
authorized and competent Manager appointed and paid by
the Licensee shall remain available at the Multi Branded
Food Court for ease of administration of performance of
license to the satisfaction of the licensor. The name(s) of
the Manager will be advised by the Licensee to the IRCTC
from time to time.
7.11 Unsatisfactory services : In the event of unsatisfactory service, poor quality of
etc. articles, persistent complaints from passengers, and services
below the standard or any failure or default at any time on
the part of the Licensee to carry out the terms and
provisions of the agreement to the satisfaction of the
IRCTC (who will be sole judge and whose decision shall be
MULTI BRANDED FOOD COURT AUG-2017 74
final), and will take necessary action against the licensee
including imposition of penalty and it shall be optional to
the IRCTC to make any substitute arrangement it may
deem necessary at the cost and risk of the Licensee or to
forthwith terminate this agreement without any previous
notice to the Licensee and in case of such termination the
Security Deposit shall be forfeited by the IRCTC and the
Licensee shall have no claim what so ever against IRCTC or
any of the officials in consequence of such termination of
the agreement. No refund of proportionate License Fee
shall be admissible in case of Termination under this clause.
The Licensee agrees to make good all cost and expenses, if
any incurred by the IRCTC for making the substitute
arrangements referred to above. The License shall be also
be debarred from participating in the future projects of
IRCTC for a period of one year.
7.12 a) Consequence to the : a. If the Licensee is a partnership firm and in case there is
death / severance of permissible clause in the constitution of the firm that the
any partner/s (in case firm shall not be dissolved by reason of the death of one
of partnership firm). partner or the severance of any partner from the business
of the firm and in case the performance of the Licensee is
entirely satisfactory according to the assessment of the
licensor then in such an event the licensor at its discretion
may allow the Licensee to continue under the agreement
7.13 Liability for provision of : The Licensee accepts liability, civil and criminal for
Consumer Protection compensation/damages in accordance with provision of
Act. Consumer Protection Act or any statutory modification of
the Act or any other law for the time being in force for
action occasioned by negligence, deficiency of service,
imperfect or improper performance by the Licensee, his
workmen, servants and agents. The Licensee shall
indemnify the licensor and Railway administration from and
against all payments made under the provision of the said
Act or law including all costs, litigation costs etc. Any
money which may become payable by the Licensor as
aforesaid shall be deemed to be money payable to the
licensor by the Licensee and in case of failure by the
Licensee to repay the licensor any money paid by it as
aforesaid within seven days after the same have been
MULTI BRANDED FOOD COURT AUG-2017 75
demanded by the licensor shall be entitled to recover the
same from the Security Deposit or from any money due by
the licensor to the Licensee.
7.14 Notice to the Licensee : Any notice in terms of this License by either Party will be
given at the address stated herein above by
Courier/Registered AD Post unless a different address has
been intimated in writing against receipt. Upon the receipt
of any other notice order, direction or any other
communication from any competent authority (including
notices, affecting the rates, taxes or other outgoings) in
respect of this licence , the other Party shall immediately
deliver a copy of the necessary document, to that Party.
8.1 Lock-in period : The Licensee may exit the business after lock-in-period of
four years after commissioning of the unit if in his view the
same is not commercially viable or operationally feasible.
8.2 Procedure for exit : The Licensee shall be required to communicate its/ his
intention of exiting from the Licence in writing by providing a
minimum of six months notice to IRCTC. IRCTC in the
meanwhile initiate the process of fixing up a new Licensee for
Multi Branded Food Court.
8.3 Forfeiture of Security : In case of an exit under clause 8.1 security deposit of the
Deposit Licensee will be refunded by IRCTC.
9.1 Breach of any terms and : In the event of any breach of the said terms and conditions of
conditions of the the License, the IRCTC reserves the right to impose penalties
License and will be entitled to forfeit the whole or the part of the
Security Deposit/License fee besides terminating or revoking
the License and debarring the Licensee from participating in
the future projects of IRCTC for a period of one year. The
decision of IRCTC in this regard shall be final and binding.
9.2 Termination of License : The licensor shall also be entitled at any time forthwith to
on other events of terminate the License without notice in any of the following
default events:
MULTI BRANDED FOOD COURT AUG-2017 76
a) In the event of the Licensee being convicted by a court
of law under the provisions of criminal procedure code
or any other law.
b) In the event of the Licensee being a proprietor or, if a
firm, any partner in the Licensee firm being at any time
be adjudged insolvent or a receiving order or order for
administration of his estate made against him or shall
take any proceeding for liquidation or composition
under any Insolvency Act for the time being in force or
make any conveyance or assignment of his interest or
enter into any agreement or composition with his
creditors for suspended payment, or if the firm be
dissolved under the partnership Act or, in the event of
Licensee being a company, if the company shall pass
any resolution to be wound up either compulsorily or
voluntarily.
c) Repudiation of agreement by Licensee or otherwise
evidence of intention not to be bound by the
agreement.
d) Failure to adhere to any of the due dates of payment
specified in the terms and conditions. Immediately on
the determination of this agreement the Licensee shall
peacefully vacate the premises and hand over to the
licensor/Railway administration all articles in the
custody or possession of the Licensee and shall remove
all his stores and effects from the said premises.
e) In default the licensor shall be entitled to enter and take
possession of the said premises and to lock up the
same or remove the furniture or other articles of the
Licensee that may be lying there and to dispose of the
same by sale or otherwise without being liable, for any
damage, and all expenses incurred in connection
therewith, shall be deducted by the licensor from the
sale proceeds or from the Security Deposit or pending
bills of the Licensee.
9.3 Failure to provide any : IRCTC at their discretion may call for any record to satisfy
record to IRCTC them regarding operation of the License and Licensee will
provide every help failing which it may amount to breach of
condition of the Licensee. All communications /information
received/required by IRCTC must be furnished by the
Contractor/license within 15 days failing which suitable penalty
including termination of the Contract can be done at the
discretion of IRCTC.
9.4 Compliance for the : Recurring instances of failure to rectify the deficiencies noticed
inspection reports / during inspections and highlighted through complaints shall
Complaints invite imposition of penalty and/or termination of license.
10.1 Notice for termination : In case of any event of default mentioned in the agreement
having occurred, it shall be lawful for the IRCTC any time
thereafter to impose penalty and/or terminate the License
agreement and forfeit the Security Deposit, SUBJECT
HOWEVER to the IRCTC having given to the Licensee
fifteen (15) days prior notice in writing to remedy or make
good such breach and in spite of such notice the Licensee
having failed to remedy the breach. Upon termination of this
License agreement as aforesaid, the Licensee shall deliver
vacant and peaceful possession of the premises to the
IRCTC/Railways. The License shall be also be debarred from
participating in the future projects of IRCTC for a period of
one year. The decision of IRCTC in this regard shall be final
and binding.
11.0 ARBITRATION
a. In the event of any dispute or difference between the parties hereto as to the
construction or operation of this contract or the respective right and liability of the
parties on any matter in question, with reference to the contract, 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, such party may submit demand in writing
for reference of dispute to arbitration as prescribed herein.
b. The parties hereto further agree to waive off the applicability of sub-section 12 (5) of
Arbitration and Conciliation (Amendment) Act 2015 and will submit demand in writing
that the dispute/differences be referred to arbitration along with format annexed hereto
as Annexure-H. The demand for arbitration shall specified the matters which are in
question, or subject of dispute or differences as also the amount of claim item wise.
c. Only such dispute or differences, in respect of which the demand has been made,
together with counter claims of setoff given by IRCTC shall be referred to arbitration
and other matters shall not included in the reference.
d. In the event of demand made as mention herein above, such dispute or difference
arising under any of these conditions or in connection with this contract (except as to
any matters the decision of which is specially provided by these or the special
conditions) shall be referred to Sole Arbitrator from the panel of Arbitrators appointed
by Chairman and Managing Director of IRCTC. The award of arbitrator shall be final
and binding on the parties to this contract. The venue of the Arbitration shall be at
New Delhi. The fees and expenses of the Arbitration tribunal and all other expenses
of the Arbitration shall be borne jointly by the Parties in equal proportion subject to
determination by the Arbitration tribunal.
Agreement towards Waiver under Section 12(5) and Section 31-A (5) of Arbitration and
Conciliation (Amendment) Act
Brief of claim:
12.1 Storage, handling of : The storage, handling of raw materials and finished products
food items will be in extreme hygienic conditions and as per acceptable
norms of the industry. Such storage, handling of raw material
and finish products shall be certified as per norms of the
industry and its standards. The scrutiny in this regard by
quality checks agencies standards to be set by IRCTC need to
be followed.
12.2 Collection of food : IRCTC reserves the right to get the food samples / raw
samples material collected and tested at approved laboratories at the
cost of the Licensee.
12.3 Advertisement/ : The Licensee will not engage in or permit any
Publicity/ advertisement/publicity/sponsorship of any brand or
Sponsorship product, directly or indirectly, without prior approval of
IRCTC.
12.4 Payment of : The Licensee will be liable for payment of all taxes/duties and
taxes/dues other liabilities in respect of the business.
12.5 Liability for : The Licensee shall accept liability for compensation/damages
compensation/ under the Consumer Protection Act or any other law in
damages respect of performance of the services or in respect of any
negligence, act/omission of the Licensee, his workmen,
servants and agents.
12.6 Observance and : The licensee shall, at all times indemnify the IRCTC against all
performance certain claims and penalties which may be suffered by IRCTC or any
acts person employed by them by reason of any default on the part
of the licence in due observance and performance of
provision of:
Workmen’s Compensation Act –1923
Employment of Children’s Act XXVI of 1938 and
Any other relevant laws
12.7 Assignment of : Licensee shall not, without the prior consent of the IRCTC,
License assign the License or any part thereof, or any benefit or
interest therein or there under.
12.8 Compliance of : The Licensee shall comply with any other instructions issued
instructions by IRCTC from time to time within a reasonable time, as may
be necessary to ensure better services.
12.9 Quality/make/source : IRCTC may specify quality/make/source of Packaged
of Packaged drinking water/IRCTC Branded Fruit Drink to be sold by the
Drinking Licensee. The Licensee shall accept IRCTC’s directions in this
Water/Fruit Drink regard.
12.10 Disposal of seized : The Licensee shall not sell the items other than those
unauthorized items approved by IRCTC. Sale of unauthorized items if detected in
contravention to approved items, the licensor or its / his
authorized representative / official may seize such items and
the unauthorized seized items shall be disposed off as per
policy of IRCTC in addition to any penalty to be imposed for
this / such contravention.
MULTI BRANDED FOOD COURT AUG-2017 80
12.11 General : The licensor 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.
Further, IRCTC reserves the right to extend or reduce the
stipulated clause in the tender/License conditions herein
above, in order to meet operational exigencies. The decision
of Chairman and Managing Director of IRCTC in this regard
will be final.
12.12 Check List and Check List for Facilities / Requirements at Multi Branded
Hygiene & quality Food Court is attached as Annecure-3.
parameters
Hygiene and quality parameters for kitchen, food handling,
cleanliness, packaging, etc. is attached at Annexure-4.
In the event of any unforeseen event directly interfering with the operation of License arising during
the currency of the License agreement; such as war, insurrection, restraint imposed by the
Government, act of legislature or other authority, explosion, accident, strike, riot, lock out, act of
public enemy, acts of God, sabotage; the Licensee shall, within a week from the commencement
thereof, notify the same in writing to the Licensor with reasonable evidence thereof. The Multi
Branded Food Court shall be restored as expeditiously as possible or, as the case may be, the
impediment to accessibility shall be removed as expeditiously as possible. If the Said Property
cannot be rendered fit for occupation and use for more than thirty days, the Licensee shall not pay
License Fee for such period till the said property becomes accessible and operational following
cessation of force majeure event mentioned above. The period of License will be further extended
for the period during which License was not operational.
SN Particulars
1. Air curtains at entrances / Exits
2. DG Sets for power back up facility
3. Appropriate lighting in and around the Multi Branded Food Court.
4. Tiled / Marble / wooden flooring easy for cleaning and maintenance.
5. Appropriate interior / exterior wall finishing.
6. Wooden partitions/ Cabins / Wooden stairs / false ceiling / Modern art paintings
7. Transparent glass partitioned pantry area.
8. Insects, flies catchers / Illuminated lights / neon signages.
9. Provision for fire safety measures with appropriate placement of fire extinguishers.
10. Common or Independent Gas Bank’s certified by authorized agencies of oil companies
Change room for the staff with toilet facilities without direct access from within the Multi
11.
Branded Food Court.
12. Display of IRCTC logo and brand name along with the brand name of the licensee.
13. Independent waste / garbage disposal system.
14. Deputing security personnel / Electronic security alarm systems
15. Periodical Pest control systems and installation of insectocutors.
Installation of ISI approved fittings, equipments with AMC (Annual Maintenance
16.
Contracts).
17. Deployment of qualified personnel for supervision
High standard of personalized service with neat uniform, Aprons, Chef caps, hand gloves
18.
with high personal hygiene standards.
Cold Rooms / Store and deep freezer with aluminum / steel shelves for storage of Veg. &
19.
Non-veg. items separately.
Dry Store for storage of Non-perishables with aluminum / wooden shelves separately for
20.
veg. / Non-Veg items.
Modern kitchens with steam boilers / detachable steel grill sinks / Deep freezers /
Refrigerators / Bottle coolers / Hot cases / Dispensers / Modern dough kneading
21. machines. Use of modern electronic gadgets for cooking (Ovens, Micro ovens,
Salamanders, Deep fat fryers , Grillers , Vegetable Peeling / Slicing Machines, Vacuum
cleaners etc.,)
Graphical display of do’s & don’ts to the staff on hygiene, sanitation , storage , food
22.
handling etc.,
Filtered water supply (Hot & Cold) usage for cooking purposes. Use of Stainless steel
23.
vessels, utensils, containers used for cooking purposes.
24. Pot wash area with supply of Hot & Cold water for cleaning of utensils.
25. Use of disposable dustbin covers of appropriate sizes.
26. System of simultaneous cleaning schedules along with the production process.
27. Stainless steel work tables, trolleys, shelves, Sinks etc.,
28. Standardized packing systems at appropriate quantities with approved packing material.
29. System of weighing, measuring, sealing, marking etc., on the packing area.
Use of Trolleys with appropriate sizes and capacity for transportation to storage and
30.
delivery area.
MULTI BRANDED FOOD COURT AUG-2017 84
31. Temperature control Mechanism for packing area.
32. Air conditioning of all outlets.
33. Use of updated Menu cards without correction.
34. Use of bio-degradable disposables/eco-friendly food grade material for packaging .
35. Provision for Complaint / Suggestion book supplied by IRCTC
36. System of obtaining minimum 500 feed back in 6 months from guests / passengers
37. Networked computerized billing.
Provision for safe drinking water confirming to the standards stipulated by BIS from time
38.
to time/ water filters.
Hand wash basins with provision for liquid soaps and hand drier. Separate wash room
39.
facilities for Gents & Ladies.
40. Facilities for differently abled.
Note: - Above are mandatory provisions, however, these can be relaxed depending on
requirements, site conditions etc.
The manual on quality for food and personal hygiene will define good hygiene practices to be
followed in base kitchens, Multi Branded Food Court, Fast Food Units, food handling, in Mobile
Pantry cars, and catering services at stations. All personnel should be aware of their food and
personal hygiene responsibilities, and must have adequate training to maintain the highest standards
of food and personal hygiene.
Hazard Analysis Critical Control Point, HACCP, is a food handling and operation approach which
promotes food safety by identifying food hazards and applying and monitoring necessary control
measures at points critical to safety.
The HACCP approach is being actively encouraged for ensuring food hygiene. It is necessary to
maintain high level of cleanliness within the food premises (where food is stored, prepared and
processed) and to ensure that prepared and raw food is kept separate.
The production of high quality safe food can only be achieved if you utilize sound raw
ingredients that are free from contamination.
All raw materials should be received in storeroom, which should be separate from the food
preparation area. Timings of receipt from different vendors be fixed to allow adequate
quality check time. Temperature audit during receipt for perishables must be implemented
as these affect the shelf life during storage as well as the end product.
All items must be coded with receipt and use by date to allow maintenance of FIFO (First in
First Out). This ensures safe consumption time slots, appropriate quality maintenance and
product integrity.
Examine and categorize each lot for degree of ripeness and maturity in case of fresh fruit
and vegetables. Each category be stocked separately to understand the stocks and indenting
for fresh supplies. This restricts wastage.
Examine the freshness of vegetable by colour, firmness of flesh and odor for fresh meat and
fish.
The presence of dust and foreign material like stones, hairs, nuts, bolts, wires, staples,
feathers, rat droppings, papers, cigarette ends, earrings, fingernails, buttons, pen tops should
be seen and removed.
All perishables should be used within a short time especially in hot weather.
2. DELIVERY AREA
Food will not be left open to possible contamination. Arrangements will be made to ensure
that food delivery is made in secure areas free from all risks.
Food will be placed 18 inches above the ground, in an area free from contamination.
The entire facility, including the floors, walls, ceilings, windows, screens, doors etc. must be
cleaned at regular intervals to prevent any accumulation of rubbish.
All food contact surfaces should be cleaned and sanitized after every use.
All fans and blowers of coolers, freezers, kitchen and storage areas must be regularly cleaned
to prevent build up of any debris and contamination.
The production area must be thoroughly cleaned at least twice in every 24 hours. The
recommended cleaning procedure is a wet wash.
Drains should not get clogged which leads to foul smelling organic matter.
Remove all waste material deposited on the grates and shelves. This will keep drains from
clogging and emitting foul smell.
All kitchen equipment must be disassembled, washed and sanitized after use. Ongoing
cleaning must be carried while production is on. This includes frequent removal of garbage
in linings for uninterrupted production.
Maintain weekly schedule for thorough cleaning. Nominate a day for the purpose and
display it prominently.
Leftover food items should be condemned as per rules and schedule of powers.
Insects and other foreign materials like dust, hairs, etc. from cereals, pulses, etc. should be
removed before washing.
Dry stores should be stored in airy rooms, and there should be no dampness. Keep some
space off from the walls and floors to enable regular cleaning. Do not use damaged, rusty or
dented cans for storage. All storage cans should have proper covers.
Store food material at proper temperature to prevent growth of bacteria, the most common
contaminating agent. Stop contamination, multiplication of bacteria and food poisoning.
Generally most bacteria inactivate at freezing point i.e. zero degree and below. Between 1.7
and 1.4 degree Celsius they start becoming active but grow slowly. As the temperature rises,
they grow faster. Keep food at following recommended temperatures:
Deliveries of food items will be accepted only by a person authorized to do so and who will
check:
If the foods are substandard the authorized person will ensure the following action:
When goods are found contaminated on arrival. The goods will be stored separately until
inspected and it will be the responsibility of the Manager to notify the supplier;
Dry goods will not be placed into store until they have been checked for pest damage or
infestation.
Scales will be thoroughly cleaned between the weighing of different goods, especially raw
products. Separate scales will be provided for raw meat and high-risk foods, each clearly
marked for intended use.
Containers used for the receipt, storage or distribution of goods will be kept scrupulously
clean and dry.
New stock will be placed behind/beneath older stock in store or refrigeration, subject to
date coding.
Stock will be stored off the floor on racks. Racks of adequate capacity will be provided for
this purpose.
All opened dry food products and those in inadequate packaging will be stored in pest proof
containers that will be maintained scrupulously clean.
Cleaning chemicals and materials will never be stored with or in close proximity to food or
food equipment.
Storage containers will be washed clean when empty and allowed to dry. Goods stored in
bins will be allowed to run down completely at least weekly, to facilitate regular cleaning.
Storage of Bread:
a) To be inspected regularly to ensure that those which are “blown”, badly dented,
seam damaged or rusty are not used.
To store them in a dry, cool and well ventilated area, away from other foods. Goods will be
inspected daily and any deteriorated items removed.
a) Milk and cream will be kept separate from all raw products.
b) Fresh milk and cream will be placed in a refrigerator or cold storage
1. Refrigerators will be placed away from heat source (e.g. cooking appliances, sun rays) in a
well-ventilated area. They will be so sited that all surrounding areas can be properly
cleaned.
2. Refrigerators will not be overstocked. Food will not be put in front of cooling elements or
tightly packed, so as to prevent air from circulating.
3. Cooler and freezer must have two thermometers each with proper display to monitor and
maintain appropriate temperature.
4. Where a refrigerator is not fitted with automatic defrost, it will be defrosted and
thoroughly cleaned at least weekly. Spillages will be cleaned up immediately. Units with
automatic defrost will be defrosted and cleaned every month.
5. Food under refrigeration will be checked daily to ensure that the quality is maintained and
stock is rotated effectively. All food past its “best by” or “use by” date will be discarded.
6. Wherever possible, cooked and raw foods will be stored entirely separately and each
freezer will be labeled with its intended use. When this is not possible, for example, in a
large deep freezer, then separate areas will be designated and clearly labeled, indicating
cooked and raw food storage areas.
7. All freezers with automatic defrost cycles will be defrosted and cleaned out thoroughly
every three months. The shelves will be cleaned weekly.
All foods will be wrapped/covered entirely separately and where appropriate, placed on
separate trays.
In mixed refrigerators, high-risk foods will be stored on shelves above raw foods.
If shelves have been used for raw foods, these will be removed and thoroughly disinfected
before using for cooked foods.
Refrigerators will be thoroughly cleaned weekly
Cutting area and dressing rooms should be separate from the food preparation area.
Vegetables and fruits should be passed through chlorinated water before they are thoroughly
washed in running water.
Cut vegetables and fruits should be thoroughly washed before transferring them to the
kitchen.
Waste material should be collected in disposable bags and transferred to the garbage bins
regularly.
MULTI BRANDED FOOD COURT AUG-2017 90
7. FOOD PREPARATION
This being the main part of kitchen, care should be taken to keep it thoroughly clean.
Floor should be regularly mopped and no washing is allowed in this area.
Be vigilant and report any damaged equipment or surfaces, leaking oil, missing nuts or bolts,
leakage of gas, etc.
Cooks and helpers should always use aprons and head gears. They should wash their hands
in Potassium Permanganate solution before starting food production.
Keep separate utensils and spoons for non-vegetarian and vegetarian food.
Use non-saturated branded vegetable oil as cooking medium.
Only hot water should be used for floor cleaning after the operation has been completed.
Anti-grease detergents should be used for such areas.
In restaurants cooked food needs to be kept for some time before it is served because of
large quantity of food involved and service time is fairly long. Bain-maries for hot food and
refrigerators/deep freeze for cold food should be used:
To avoid contamination and to safeguard the health of the customers food should be kept at
following prescribed temperatures:
9. PACKAGING OF FOOD
Packaging improves presentation and facilitates handling. It should retain heat in case of hot
foods and control temperature in case of cold foods.
Only proper cleaned and sanitized container must be used for packaging.
Do not keep food uncovered even while packaging
Use food grade material for packaging to avoid food poisoning
Do not use wax coated paper containers for serving food
10. WATER
Only potable water will be used for drinking, food preparation, drink dispensers and ice
making. Where necessary water will be filtered and treated on-site to ensure all water for
these uses is potable.
UV water purifier should be provided for supply of potable water.
MULTI BRANDED FOOD COURT AUG-2017 91
11. SINKS
Food preparation equipment, food etc will not be stored under sinks.
Separate sinks will, where possible, be provided for each preparation purpose, i.e. raw meat,
vegetables, fish, etc. These sinks will be labeled with their intended use.
Sinks will not be used for personal hygiene uses, e.g. hand washing, unless specifically
designated for the use.
Sinks will be cleaned thoroughly after every use.
Hand washing facilities will be provided in readily accessible positions throughout food
handling areas.
Hand washbasins will be provided with hot and cold running water or water at a suitably
controlled temperature.
Wash hand basins will be provided in the staff changing facilities and toilet areas. Notices
will be displayed instructing staff to wash their hands.
Only equipment in current use will be stored in kitchen areas. Damaged and worn
equipment that cannot be readily cleaned will be replaced.
The condition and cleanliness of equipment utensils and cleaning cloths will be inspected
daily.
Food preparation equipment and utensils will be cleaned immediately after use.
Utensils, food containers and pans will be washed thoroughly, using hot water and a
detergent and then rinsed in water at a minimum temperature of 70 degree C, to ensure
adequate disinfection.
Cooking equipment and storage racks will be located so as to enable areas below and around
to be easily cleaned.
Equipment used for raw meat or vegetable preparation will not be used for cooked or other
high-risk food preparation.
Cutting and preparation boards will be checked daily for excessive wear and appropriate
action taken.
Food preparation surfaces will be used for one purpose only. Raw and cooked foods will
not be prepared on the same surface. Each surface will be labeled or colour coded with its
intended use.
Work surfaces will always be cleaned down before and after use, in line with the
recommended method.
Raw food will, at all times, be kept apart from food to be served without further heat
treatment.
Separate areas will be provided for the preparation of raw meats, cooked meats and raw
vegetables, with preparation tables being used exclusively for that purpose. Each area will be
labeled with its intended use.
Separate utensils will be provided for the preparation of cooked meats and other high-risk
foods, raw meat, raw vegetables and fish.
Protective headgear will be worn to ensure hair and dandruff do not contaminate food or
surfaces.
Annual medical examination of all staff has to be ensured and a fitness certificate issued.
Skin lesions, boils, rashes, cuts and discharge from any site are hazardous and can
contaminate food with food poisoning bacteria. Staff with diarrhea or vomiting may also
contaminate food with food poisoning bacteria.
All the staff handling food must take every precaution to ensure that such germs are not
passed on to food. A few simple rules are, therefore, necessary and all who are employed in
handling food must abide by them.
Scrupulous personal cleanliness is essential to clean food handling and the highest standard
must be achieved and maintained at all times by those responsible for food storage,
preparation, cooking and service.
Protective clothing such as apron, headgear, hand gloves etc. must be worn before entering
and working in food processing area.
Food should be touched by hand only when there is no alternative-and hand cleanliness is
the basic rule of hygiene.
Hands and arms must be washed with soap in running hot water and rinsed thoroughly in a
wash hand basin designated specifically for such use:
Nails must be kept short and scrupulously clean and not bitten. Nail varnish is not
permitted.
Food or drink should not be consumed whilst working in food handling areas.
Hats should be scrupulously clean and must be worn at all times when handling food or in a
food room.
19. TRAINING
Staff Training
All staff must receive appropriate food and personal hygiene training to ensure that they are
able to comply with the hygiene requirements. Initial training should be given on induction
and refresher training undertaken on annual basis. The training programme must be in
written format, in vernacular, and records must be maintained on imparting of training with
acknowledgement of staff,
All food handlers should undertake induction training during their first week of
employment. Such training should include:
20. CLEANING
Cleaning equipment, chemicals and materials will be stored in a purpose built room or
cupboard, within or adjacent to catering areas. When not in use, the room or cupboard will
be kept locked shut.
Cleaning equipment, chemicals and materials will be returned to the cleaning room or
cupboard immediately after use. It will not be stored in the kitchen preparation, storage or
serving areas.
Cleaning materials will never be stored in food or equipment stores where they may
contaminate food or equipment.
All food surfaces, food and equipment will be covered whenever large scale cleaning takes
place.
All equipment used for cleaning will be cleaned after use and prior to storage.
MULTI BRANDED FOOD COURT AUG-2017 95
21. PEST CONTROL
Pest control measures have to be adopted with schedule of pest control to be displayed.
Insects and rodent pests, cats and birds can spoil and contaminate food. They can also use
cause considerable damage to food stocks and premises.
Food handling areas provide ideal conditions for the survival and multiplication of pests.
All dry goods will be checked at the time of delivery, for pest infestation or damage before
being placed into the storage area.
Open dry food will be kept in pest-proof containers with close fitting lids. The lids will be
replaced immediately after use.
All stored goods will be kept off the ground and clear of walls, with adequate space between
stock to enable regular inspection and cleaning.
To ensure that food premises are maintained free of pests and any reported incidents receive
attention, a competent person or pest control contractor must be employed to:
a) Inspect areas within the food premises that have been previously treated.
b) Inspect areas within the location that are particularly vulnerable to infestation
by pests
c) Inspect the food premises for any necessary proofing works or items
conducive to pest infestations.
Insects, including silverfish, flies, cockroaches, ants, moths, weevils, beetles, wasps, mites
and posits (booklice)
The adult insect, pupae, larvae or juveniles- (Dead or alive)
Webbing of food packaging, in the food itself, on storage shelves or equipment.
Small tunnels or holes in some food or packaging.
Molted skins, faucal pellets, egg or egg pouches (cockroaches)
Offensive odors may indicate an infestation.
Kitchens should be airy and it should have wire meshing on windows, doors and skylights
and air curtain on main doors. Electrical chimney/exhaust hood should be provided to suck
hot air and effluents from the kitchen. Wall fans should be provided to cool staff but not to
bring wind currents on gas stoves. Other rooms should have exhaust fans.
All incoming forced air must be filtered. All rest rooms must be equipped with exhaust fan
and rest room ventilation must have vents directly outside.
Adequate number of flycatchers (insectocutors) to control fly and other insects in the area
must be installed in the kitchen.
There should be a washroom attached to the base kitchen, which should be provided with
washbasin, soap, looking glass and hand dryer.
The kitchen should be facilitated with requisite temperature control system to allow
appropriate temperature maintenance in the working facility. Recommended temperature
for cold kitchen is 70 degree Fahrenheit. Hot kitchen area should preferably be isolated and
equipped with hot air exhaust and fresh air intake fans.
Major base kitchens should have standard electrical equipment with annual maintenance
contract.
Cold rooms and deep freeze should be provided in case large quantity of food is to be stored
for a longer time.
Good quality utensils preferably stainless steel containers for preparing vegetables and steel
containers for tea etc. should be provided which may be appropriately replaced from time to
time. In addition following equipment may also be provided and maintained depending
upon the size of the kitchens.
i) Vegetable peelers,
ii) Dough kneading machine,
iii) Masala/wet grinders,
iv) Cooking range,
v) Rice and water boilers,
vi) Bain-maries for keeping hot food for restaurant service,
vii) Trolleys for transfer of food within the kitchen,
viii) Hot meal trolleys for transfer of food to trains, and
ix) Weighing scales.
MULTI BRANDED FOOD COURT AUG-2017 97
Floors
Walls
Solid walls, coved at the junctions with floors and ceilings, are preferable.
Wall surfaces should be durable, smooth, impervious and readily cleaned. All cracks should
be filled.
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