“OPERATION AND MAINTENANCE OF NORMAL PAY AND USE TOILET AT

NINE RAILWAY STATIONS OVER MADURAI DIVISION FOR

A PERIOD OF THREE YEARS”

INSTRUCTIONS TO TENDERERS REGARDING TENDER FORMS DOWNLOADED FROM

INTERNET

1. Tender file is to be down loaded from the internet and printout is to be taken on A4 size
paper and details are to be entered by the tenderer at the various locations in the document. It is
advisable that the down loaded tender document to be printed through laser printer only.
Submission of Xerox or photocopy of tender document is prohibited.

2.The tender document (in full) downloaded along with the various documents required to be
submitted as per the tender conditions in a sealed cover duly subscribing with the name of the work,
tender notice no. and date, submission of tender downloaded from the internet etc. and the same
should be dropped in the tender box kept in the office specified in the tender document before the
date and time stipulated in the tender document.

3.The cost of tender document will have to be deposited by the tenderer in the form of bank draft
payable in favour of Accounts Officer concerned specified in the tender document along with the
tender. This should be enclosed as a separate Demand Draft. A single demand draft for the cost of
tender form and Earnest Money Deposit will not be accepted. Tender not accompanied with the
demand draft towards the cost of the tender document will be summarily rejected.

4.The earnest money deposit required for this work as stipulated in the tender document also to be
submitted separately.

5.Tenderers are advised to download tender documents well in advance and submit the tender
before the stipulated time. It is the responsibility of the Tenderer to check any correction or any
modifications published subsequently in Web site and the same shall be taken into account while
submitting the tender. Tenderer shall down load corrigendum (if any), print it out, sign and attach it
with the main tender document. Tender document not accompanied by published corrigendum/s is
liable to be rejected. The Railway will not be responsible for any postal delays/delay in downloading
of tender document from the internet.

6. The tenderer may please note that the rate for items should be written in figures and in words by
black or blue ballpoint pen only. Each page of tender document should be signed by the tenderer.

7.Tenderer/s are free to download tender document at their own risk and cost for the purpose of
perusal as well as for using the same as tender document for submitting the offer. Master copy of
the tender document is available in the concern office inviting tender. After award of work, an
agreement will be prepared based on the master copy of tender document available in the above
mentioned office. In case, any discrepancy between the tender document downloaded from the
internet and the master copy, latter shall prevail and will be binding on the tenderer/s. No claim on
this account will be entertained.

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8.If any change/addition/deletion is made by the Tenderer/Contractor and the same is detected at
any stage even after the award of the tender, full earnest money deposit will be forfeited and
the contract will be terminated at his/their risk and cost. The tenderer is also liable to be banned
from doing business with Railways and/or prosecuted.

9.The following declaration should be given by the tenderer while submitting the tender:

Declaration

1. I/we have downloaded the tender form from the Internet site www.sr.indianrailways.gov.in
and I/we have not tampered/modified the tender forms in any manner. In case, if the same is
found to be tampered/modified I/We understand that my/our tender will be summarily rejected
and full earnest money deposit will be forfeited and I/we am/are liable to be banned from doing
business with Railways and/or prosecuted.

2. I hereby declare that all the details as required to be furnished from our side to the Railways,
while accessing/downloading the tender document from website have been furnished fully and
correctly.

3. I/we submit a Demand Draft towards the cost of tender form as detailed below.

Demand Draft Number

Name of Bank
Name of Branch
Amount Rs.

Place: Name
Date: Address:

Telephone Number Mobile Phone Number:

(Land line):
Fax Number: E Mail :

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 SOUTHERN RAILWAY

TENDER DOWNLOADED FROM INTERNET

Tender notice No. U/ C 14/ Pay & Use Toilets/MDU Divn./2017 dt 31.7.2017

To

The Senior Divisional Commercial Manager,

Madurai Division, Southern Railway,
Madurai-625 016.

From:

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 SOUTHERN RAILWAY

Divisional office,
Commercial Branch,
Madurai Division,
Madurai - 16.
Date: 31.07.2017

No. U/ C 14/Pay &Use Toilets/MDU Divn/2017

TENDER NOTICE

Separate Sealed tenders under ‘Single Packet” for each Railway station are invited by
the Sr. Divisional Commercial Manager, Southern Railway, Madurai Division, Madurai -16 for
and on behalf of the President of India, for “Operation and Maintenance of Pay and Use
Toilets at the following Railway stations for a period of three years from the date of
commencement of work as mentioned below:

Earnest
Reserve price for Cost of tender
Sl. Money
Locations three years form
No. Deposit
(in Rs.) (Rs.)
(Rs.)

Madurai Jn. (Circulating Area-East

1 40,82,400 2,04,120 3450
Entry)

2 Virudunagar Jn. (P.F.No.1,2&3) 5,81,192 29,060 2360

3 Kovilpatti (Middle of the P.F.No1) 4,44,420 22,221 1180

4 Kodaikanal Road (P.F.No.1-MDU end) 38,500 1,925 1180

5 Dindigul Jn. (P.F.No.4 & 5) 79,200 3960 1180

6 Palani (Concourse Area) 1,11,600 5580 1180

7 Paramakkudi (P.F.No.1-RMD end) 18,000 1000 1180

8 Sholavandan(P.F.No.1 & 2) 7,200 500 1180

9 Sankarankovil (P.F.No.1) 51,840 2600 1180

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The prescribed usage charges to be charged from the users/passengers for using Urinals,
Toilets and Bath rooms are appended below:

Urinals: Rs.2/- Latrines: Rs.5/- Bath room: Rs.5/-

Tenders should be submitted in the prescribed tender form only which can be obtained
from the undersigned on producing a cash receipt paid to the Sr. Divisional Cashier/Southern
Railway/Madurai-16 towards the cost of the Tender form. The cost of the tender form is non-
refundable. A sum of Rs.500/- should be remitted extra by such of those who wish to obtain the
tender form by post. The administration is not responsible for postal delay.

Tenders should be accompanied by a cash receipt issued by Sr. Divisional

Cashier/Southern Railway/Maduraii-16 or the tenderer may enclose Demand Draft drawn in
favour of Sr.Divisional Finance Manager, Southern Railway, Madurai Division, Madurai-16.
towards payment of earnest money deposit and cost of tender form. The earnest money will be
refunded to the unsuccessful tenderers.

The tender together with cash receipt and certificates etc., should be submitted in
separate sealed cover superscribed as “Tender for maintenance of Pay and Use Toilets at --
------------(Location) in--------------------(Station) for a period of three years” and dropped in the
box which will be kept in this office between 10.00hrs to 15.00hrs on 08.9.2017 or sent by post
so as to reach the undersigned before 15.00hrs on 08.9.2017. Tenders received after 15.00hrs
on 08.9.2017 will not be entertained. The tenders will be opened on the same day at 15.30hrs
in the office of the Sr. Divisional Commercial Manager, Southern Railway, Madurai Division,
Madurai-625 016 in the presence of tenderers. Tenders failing to fulfill the above requirements
and conditions are liable for rejection.

The tender documents can also be down loaded from Southern Railway Web site
(www.sr.indianrailways.gov.in) and submitted along with the cost of tender documents in the
form of Demand Draft drawn in favour of Sr.Divisional Finance Manager, Southern Railway,
Madurai-625 016. Down loaded tender documents submitted without DD towards cost of tender
form will be summarily rejected. Tenders without original money receipt or DD towards earnest
money deposit will be treated as invalid & rejected.

Last date for issue of tender form Up to 17.00 hrs on 06.9.2017.

Last date for remitting EMD Upto 15.00hrs. on 07.9.2017
Last date/time for receipt of Between 10.00hrs to 15.00hrs on
tender documents 08.9.2017
Date & time for opening tender At 15.30hrs on 08.9.2017
In case the dates mentioned above happen to be a holiday, the tenders will be received and
opened on the next working day.

Sr. Divisional Commercial Manager,

Madurai Division/Southern Railway,
Madurai – 625 016.

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 SOUTHERN RAILWAY

Instructions to Tenderers, Tender Forms, General conditions of Tender for Operation and
Maintenance of “Normal Pay and Use Toilet” at Nine RailwayStations over Madurai
Division for a period of THREE years.

Instruction to tenderers
Tender Form
General Conditions of Tender
Special Conditions

_____________________________________________________________
INSTRUCTIONS
1. The Tender Forms are not transferable.
2. Tenderers are requested to read carefully all the clauses of the General Conditions
of the Tender and Agreement before submitting their Tender.
3. Money must not be enclosed with the Tender.
4. Tenderer should affix his/their signature in all the pages of the tender document and
submit the entire tender booklet. The document specifying the authorised signatory
of the firm should be enclosed along with tender.
_______________________________________________________________

Sl.No Description Remarks

1. Name of the tenderer to whom the
tender form is issued. (if the
documents are down loaded from
internet please indicate details)
2. Address

3. Serial No. assigned to the tender

form
4. Date of sale
5. Signature and name of the official
who issued the form

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 TENDER FORM

From: Name (in block letters)

Address with pin code.

To: The President of India,

Through and by the
Sr. Divisional Commercial Manager, Madurai Division,
Southern Railway,
Madurai – 625 016.

Sub:Tender for “Operation and Maintenance of Normal Pay and

Use Toilet at ---------------------(Location) in------------------------ “ for a
period of Three years from the date of commencement of contract.
*******
1. I hereby submit my offer for the above contract as per the general conditions of the tender
and clauses of the proposed agreement to be signed by me / us and remit the security
deposit amount and execute an agreement within 14 days from the receipt of the advice of
the awarding of tender. I shall operate and maintain the normal Pay & Use Toilet
immediately on award of the contract.

2. Subject to the terms and conditions given in the general conditions of the tender, I/we
hereby submit my tender to the President, Union of India, owning Southern Railway
through the Sr. Divisional Commercial Manager, Southern Railway, Madurai – 625 016
herein after called the Railway Administration for the contract for “Operation and
Maintenance of Normal Pay and use Toilet at --------------------------------(station)- “ for
a period of three years from the date of commencement of contract on payment to the
Railway Administration of the License fee as specified hereinafter:

3. Amount of License Fee I/We agree to pay the Railway Administration for “Operation
and Maintenance of Normal Pay and UseToilet at -------------------------------------
(Station) “ for a period of three years from the date of commencement of contract is
as under.
Rate in figures. Rs.

Rate in words. Rupees

4. I state that I am______years old (state the age) and I am physically and mentally fit
for “Operation and Maintenance of Normal Pay and Use Toilet at ------------------------
(Station) “ to the entire satisfaction of the Railway Administration.
In the event of partnership firm, please state the name, age and permanent
address of all partners separately along with this tender.

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 5. In the event of my withdrawing the tender during its currency, I stand to forfeit the entire
earnest money deposit paid by me.
6. In the event of any irregularity in execution of work is disclosed. I agree that my contract is
liable to be summarily rejected by Railway administration, who shall be the sole judge and
whose decision shall be final.
7. I have carefully noted down the terms and conditions of this contract and inspected the
place where I have to carry out my responsibility.
8. I take on myself all risk and responsibility for any errors and omissions that may arise from
any discrepancy from misunderstanding or misconception of the terms of the said
agreement.
9. I agree that it shall be lawful for Railway administration to terminate the contract forthwith
without notice or without being liable for any loss or damage, whatsoever and to forfeit the
entire security deposit amount in case the declaration is found false or any conditions of
the agreement are found to be violated by me.
10. I agree to replace or repair the damages for the structure during the period of the contract
and inform the Railway administration of the same.
11. I herewith enclose the original cash receipt/Demand Draft for the earnest money deposit
made.

Yours faithfully,

Signature of the Tenderer.

Place:
Date:

Enclosures:
(a) Demand Drafts obtained towards remittance of earnest money deposit and Cost of
tender form.
(b) In case of Co-operative Societies an attested copy of the certificate of Registration
issued by the Registrar of Co-operative Societies or other authorized officer and true
copy of the byelaws of the group/co-operative society.
(c) In case of Partnership firm, the copy of the partnership deed, along with the copy of
the certificate of registration issued by the competent authority.
(d) The copy of the Power of Attorney of the Managing Partner to sign the Tender
document should also be enclosed with the tender.
(e) The copy of work completion certificate from Govt./Reputed organization towards
experience in similar facilities.
(f) The copy of certificate/document/Deposit Receipts towards proof of net worth.
(g) The tenderer may also enclose documents to establish their credibility and financial
soundness with regard to the capacity and capability of tenderer to perform the work
satisfactorily. (h) Copy of Police verification certificate from the local police authorities of
the area where the residential address of the tenderer is located in the case of individual
may also enclose (i) Certificate from Gazetted officer certifying that the tenderer possess
good moral character in the case of individual.

Note: - Tenders submitted without complying the proper tender conditions and incomplete
tenders will be disqualified and shall not be considered.

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Terms and Conditions for “Operation and Maintenance of Normal Pay and Use toilet at
Nine Railway stations over Madurai Division.
Tenders are invited to maintain the Pay & Use Toilets at the following stations for a
period of three years from the date of commencement of contract as shown below:

Earnest
Reserve price for Cost of tender
Sl. Money
Locations three years form
No. Deposit
(in Rs.) (Rs.)
(Rs.)

Madurai Jn. (Circulating Area-East

1 40,82,400 2,04,120 3450
Entry)

2 Virudunagar Jn.(P.F.No.1,2 & 3) 5,81,192 29,060 2360

3 Kovilpatti (Middle of the P.F.No1) 4,44,420 22,221 1180

4 Kodaikanal Road (P.F.No.1-MDU end) 38,500 1,925 1180

5 Dindigul Jn. (P.F.No.4 & 5) 79,200 3960 1180

6 Palani (Concourse Area) 1,11,600 5580 1180

7 Paramakkudi (P.F.No.1-RMD end) 18,000 1000 1180

8 Sholavandan(P.F.No.1 & 2) 7,200 500 1180

9 Sankarankovil (P.F.No.1) 51,840 2600 1180

The prescribed usage charges to be charged from the users/passengers for using urinals,
Toilets and Bath rooms are appended below:

Urinals: Rs.2/- Latrines: Rs.5/- Bath room: Rs.5/-

A board clearly indicating the charges mentioned above with the name of the licensee
and the period of contract shall be exhibited at the entrance of Pay and Use toilets at the cost of
the contractor with the dimensions 3ft. x 1.5ft with tri-lingual letters in bold capitals.

Working hours: Should function round the clock.

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 1. Conditions of tender:

1. (a) All tenders must be addressed to the Sr. Divisional Commercial Manager, Southern
Railway, Madurai Division, Madurai – 625 016 and must reach him not later than 15.00hrs. on
08.9.2017 in a sealed cover, duly super scribed, “Operation and Maintenance of Normal Pay
and use Toilet at ---------------------------(station)”. Tenders received after 15.00hrs, on
08.9.2017 will not be considered. The Railway administration will not be responsible for any
delay in transit through post or otherwise. The tenders will be opened at 15.30hrs. on the same
day in the presence of tenderers or authorized representatives. The contract shall be for a
period of “three years”.

(b) Tenders shall be submitted either in person or by Registered Post with acknowledgement
due. Tenders by telegrams, Fax, E. Mail or by Internet will not be accepted. The administration
will not be liable for any delay in transmission through post or otherwise.

2. (a) Tenders shall be submitted in the prescribed form only and other forms / formats will not
be considered.

(b) Further the Railway administration reserves the right to accept / negotiate with any one of
the tenderers, needless of the priority of the offer, the particular tenderer had made.

3. (a) Tenders by Firms shall be in the firm’ name signed by the person authorized on their
behalf. Proof for authorized signatory should be submitted along with the tender. In case of
partnership firm, the name of all the partners with their full postal address should be furnished
with the tender and if the firm is Registered under the Indian Partnership Act of 1931, the
Registration number of the firm should also be given.
The partner who is signing the tender form should hold power of attorney in his favour to
act for and on behalf of the partnership firm. In case of a Joint Hindu Family (Hindu Undivided
Family) the tender must be signed by the Manager expressed as such Manager.
(b) In case of a group / co-operative society of unemployed youths, the details as
required in Para 4 of the tender form should be declared clearly. The person who is signing the
tender form should hold clear authorization in his/her favour to act for and on behalf of the Group
/ Co-operative society.

4. The tenderer shall be required to deposit appropriate EMD as prescribed in the Tender
Notice to keep the offer open till the acceptance / rejection thereof is communicated by the
Railway administration or till 120 days from the date of receipt and opening of tenders,
whichever is earlier. The tender without EMD will be rejected summarily.

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 5. The earnest money should be in cash or in any of the following forms.

i) The Earnest Money Deposit will be 5% of the total value of the contract, may be
remitted in cash for Rs.-------------------(Rupees--------------)(respective station) indicated in
the above table to the Sr.Divisional Cashier (Pay) Southern Railway, Madurai – 16 and original
cash receipts to be enclosed with the tender. EMD may also be remitted in the form of
Banker’s Cheques / Demand Drafts drawn in favour of Sr.Divisional Finance Manager,
Southern Railway, Madurai – 625 016. The deposit in any other form than as stipulated
will not be accepted.

ii) Banker’s Cheques / demand drafts could be either of the State Bank of India or of any of
the Nationalized banks or by a Scheduled Bank. No confirmatory advice from the Reserve
Bank of India will be necessary.

iii) Banker’s Cheques executed by the Scheduled Banks (other than the State Bank of India and
the Nationalized Banks) approved by the Reserve Bank of India for this purpose. The
Railways will not however, accept deposit receipts.

6. No interest will be paid on the EMD. The Railways will not accept a tender wherein conditional
offer has been given by the tenderer.

7. The tenders will not be considered unless the EMD is deposited in accordance with the
stipulation as stated vide para No. 5.1 above failing which the tender will summarily be rejected.

8. The EMD deposited by the successful tenderer will be adjusted against the security deposit
payable by the successful tenderer. The EMD of the unsuccessful tenderers will be refunded as
soon as the tender is finalized.

Special Terms and General Conditions of Tender

1.Tenure of contract:
The tenure of contract will be for a maximum period of ‘three years’

2. Realization of usage charges by the service provider:

The Licensee can charge the users/passengers up to Rs. 2/- for use of the Urinals and
Rs. 5/- for use of bathrooms and Rs. 5/- for use of latrines.

3. Mode of Payment of License fee:

The licensee should pay the license fee to the Railways on quarterly basis atleast
10 days before the commencement of each quarter. Delayed payment will attract penal
interest 18% per annum. Whenever payments are received, adjustments will be made
towards any interest amount due before accountal of license fee.

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4. Operation & Maintenance of Normal Pay & Use Toilets:
1. Adequate numbers of safaiwalas to be posted.
2. The staff provided should be literate and courteous towards the users.
3. Employee schedule to be provided.
4. Standard cleaning materials and equipments should be used.
5. Ensure proper cleanliness.
6. Ensure safety and security of passengers/users.
7. Routine maintenance including prompt repairs of potholes, cracks, concrete joints,
electric fittings, lighting, sanitary fittings and signages.
8. Prevention of any encroachment in/adjoining the toilet block.
9. It will be the responsibility of the licensee to ensure proper disposal of drainage upto the
outfall and any choking of drainage should be attended to promptly.
10. Proper litter/garbage disposal beyond railway limits or at the location as approved by
Railways should be done by the licensee.
11. Cleanliness/Hygiene of surroundings of toilets (3 to 5 metre around) should be ensured
by the licensee.
12. Cleaning the septic tanks, including the safe disposal of their contents and maintenance
of the sewerage system will be the responsibility of the licensee.
13. White washing and painting to be undertaken as and when required /instructed.
14. Mechanised scrubbing and polishing of the floor surface of the toilet to be done
periodically.
15. Use of anti-odour material like naphthalene balls, odonil, freshner etc.

5. Cleaning procedure:

1. All cubicles should be provided with bucket and mug.

2. Toilets, urinals should be cleaned thoroughly using bleaching powder, acid detergents,
cleaning materials, etc.
3. Necessary deodorant/disinfectants should be used.
4. After every use, toilets and also urinals should be washed and there should be no room for
complaint of unpleasant smell and dirt.
5. Pay and Use toilet should be kept scrupulously clean by removing cobweb and the floors,
washed frequently and kept in dry condition by using EZE Clean Mop or similar type for
mopping the area, Naphthalene balls, room re-fresheners, deodorants should be liberally
used.

6. Schedule of cleaning
Supervision and proper monitoring of Pay & Use toilets

In order to ensure proper maintenance of the Pay & Use toilets, a proper mechanism for
supervision and monitoring laying down inspection schedules of various level has been devised
for cleaning, monitoring and inspection as under.

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Minimum schedule of cleaning activities for all category stations:
Sl No. Activities planned Frequency of cleaning
1 HP washing Minimum thrice in a day
2 Des Spray Minimum once in a day
3 Wet cleaning on glass walls, mirrors, etc. Minimum once in a day
4 Stain removing on granite walls Minimum once in a week

Execution of the above activities should be recorded in a register to be maintained by

the Licensee and shall be verified by the Official nominated (Health Inspector/Commercial
Inspector).

7. Schedule of monitoring and inspection:

Inspection schedule for all category stations is as under :
Sl No. Inspection by Schedule of inspection
1 Inspection by Health Inspector/ Daily
Station Manger/Dy Station
Manager Commercial

2 Inspection by Commercial Once a week at A1, A & B Category

Inspector Stations and during inspection at
other category stations
3 Inspection by Asst. Scale Officer Once a month at A1, A & B category
(Comml. or Medical) Stations and during inspection at
other category stations
The nominated official will also see the complaint and suggestion register provided by the
Licensee and ensure that the entries made therein are taken care of.
In case of any deficiencies and non-compliance of the conditions of the contract/License,
the nominated official will bring to the notice of the higher authorities and appropriate action will
be initiated against the licensee as per the conditions of the contract.-

8. The following items should be neatly kept in a cupboard and the list of items is to
be pasted inside the cupboard:
a. EZE clean or similar mops;
b. Water pusher;
c. Brooms;
d. Brush for cleaning toilet seats and washbasins;
e. Choke removers, (for wash basins and toilet seats);
f. Foot mats – rubber;
g. Stainless Steel Buckets and Mug for each bath room;
h. Provision of Mug for all toilets;
i. Foot operated dustbin (for all ladies toilets}
j. Dust bin
k. Hand sprayer
l. Deodorants (Maruti Jelly or aromatic compound)
m. Disinfectants (Phenyle)
n. Oxalic acid (for cleaning floors, tiles, sinks, removing stains)
o. Cleaning powder, soda ash

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 p. Naphthalene balls, room refreshner cakes (Odonil)
q. Insecticides (GEC, Nuvan, Baygon, etc)
r. Bleaching Powder
s. For hand washing purposes liquid soap solution should be provided for better hygiene.
t. Toilet papers to be provided wherever European water closet is provided.
u. Hydrochloric acid (cleaning the ceramic tiles, closets)
v. Floor wipers
w. Duster mops.

These items should be replaced by you from time to time to ensure high standards of
service.

(9) Washing /Cleaning arrangements:

For washing the toilet complex a separate water connection should be available for
supply of water under adequate pressure. A flexible hosepipe should be used for washing
purpose. The hosepipe should be rolled up and concealed in a closet when not in use. The
Licensee should ensure continuous washing / cleaning of the toilets and bathrooms after each
use and kept dry. Floor wipers should be intensively used to keep the floor of the toilet complex
particularly the bathrooms and toilets dry.

(10) Cleaning work confined to toilets:

The Licensee should not carry out any other cleanliness work, including mopping and
cleaning, outside of the pay & use toilet premises.

(11) Grinding, polishing and painting:

To ensure high standards of maintenance, the Licensee should undertake mechanized
grinding/scrubbing/polishing of the floor surface of the toilet complex at least once in a year at
his cost. Painting of the complex should be undertaken by the Licensee at his cost at least once
in Five years.

(12) Public complaints:

The Licensee should provide complaint free service. A Complaint cum suggestion book
should be maintained by the caretaker and available to the users/passengers. An Inspection
register should also be maintained. Notice to this effect should be displayed prominently.

(13) Customer Care:

All staff employed should be given appropriate training in customer care to be polite and
courteous in their dealings with customers.

(14) Staff uniform:

The caretaker and attendants should be smartly dressed in distinctive uniforms with
name badges at the time of their duty. The colour of the uniform should be as follows:
Attendant: - Navy blue trousers, blue shirt, water proof shoes of black colour
Attendant: - Navy blue Saree with blue blouse.
Caretaker: - Dark brown trousers, cream shirt, water proof shoes of brown colour

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Toilets earmarked for Ladies should be attended by Lady Attendants only.
All attendants should carry identity card and Name Badges issued by the licensee.

(15) Upkeep and Maintenance of Toilets:

Minor repairs to the taps, flush outs, hose pipes should be replaced by the contractor.
Proper upkeep of the surroundings should also be ensured by the contractor. Major repairs in
the structure and replacement of the toilet items, flooring tiles will be done by the Railways.

(16) No-smoking zone:

With a view to avoid chances of urinals and drainage system getting clogged with
cigarettes/bid is the licensee would ensure that toilet complex is operated as a no-smoking
zone. Proper indication boards should be displayed to prohibit smoking in the complex.

(17) Provision of Signage:

The indication Board should be in the form of glow signs as per the guidelines issued.
The Signage should be installed at vantage points in and around the toilet complex indicating
various services such as entry, exit, gent’s section, ladies section, bathrooms, urinals, wash
area and other services

(18) Tax Liability:

The licensee shall be responsible to pay all the taxes to the civic authorities for the
services rendered by him. There will be no tax liability upon the Railways whatsoever on any
account.

(19) Punitive Clause:

Railways will be free to obtain opinion from users as well as deploy its own personnel to
conduct surprise inspections on the quality of services and instances of overcharging by
licensee. In the event of poor public opinion or deficiency/discrepancy if any noticed, the
Railway will at liberty to impose suitable penalties including fines on the Licensee.
Fine up to Rs.2000/- for each instance for unsatisfactory cleanliness and up to
Rs.5000/- for overcharging will be imposed without any notice.

(20) Commence of contract:

The licensee has to commence the contract within one month from the date of award of
contract.

(21) (a) Failing to commence the contract within one month from the date of award of contract,
improper maintenance of premises, non payment of license fee and interest on or before the
due dates, non payment of punitive charges whenever levied, over charging and non courteous
behavior of staff, fraudulent practices and unsatisfactory performance will be considered as
material breach of the contract.
(b) The Railway shall without prejudice to other rights and remedies in the event of material
breach by the licensee of any of the terms and conditions of the contract or due to the
Licensee's inability to perform as agreed for any reason for what so ever, have the

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right to terminate the contract duly giving fifteen days notice. The decision of the Railway
regarding the breach/failure on the part of Licensee shall be final and binding on the Licensee
and shall not be called into question.

(22) Eligibility Criteria:

The tenderer must possess the following eligibility to participate in this tender.
S.No. Eligibility Criteria Documentary proof to be submitted by the tenderer
1 The bidder should have Attested copy of work completion certificate from
minimum one year experience Govt./reputed organization to be submitted giving description
in Operation and Maintenance of work, organization for whom executed, date of
of similar facilities. commencement and date of completion of the contract.
Certificate issued by private individuals will not be accepted.

2 The net worth of the bidder
shall not be less than Rs.Five
lakhs.
3 Police Verfication
4 Moral Character
Proof in any one of the following forms to be submitted for net
worth:
(i) Solvency Certificate in favour of tenderer issued by
competent Revenue/Bank Authority on or after Notice for
inviting tenders.
(ii) Copies of the Title deeds/documents pertaining to
immovable property with encumbrance certificate issued on or
after the date of Notice for inviting tenders which should be
free from any encumbrances.
(iii) Copies of current FDRs in the name of tenderer from any
Scheduled Banks.
Note: Copies of Savings Bank A/c, Current A/c, Profit & Loss
A/c statements will not be accepted as proof of networth.
Certificate from the local police authorities of the area where
the residential address of the tenderer is located in the case of
individual.
Certificate from Gazetted officer certifying that the tenderer
possess good moral character in the case of individual.

(23) The license is liable to be summarily terminated in the event of any violation of the
conditions of the contract (i.e. general conditions of the contract and clauses of the agreement)
including unsatisfactory service, subletting or any other improper act on the part. of licensee.

(24) The Licensee or his workers shall not be granted free pass or season ticket in connection
with the said work.

(25) The workers of the licensee should behave in a courteous manner with passengers and
railway personal and the contract supervisor need to have cordial and mutual respectful
relationship at all times.

(26) The successful tenderer has to execute an agreement with required number of additional
copies within 14 days from the date of award of contract. Failure would be termed as a breach.
The administration and the undersigned reserves the right to accept or reject without assigning
any reason for all or any of the tenderer.

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(27) Security Deposit:
(a) The successful tenderer should remit Security Deposit i.e. 10% of the total license
value, within 14 days after the issue of L.O.A for the due and faithful fulfillment of license by
the licensee. EMD amount deposited by the successful tenderer will be adjusted as part of
Security Deposit and the balance to make up the Security Deposit may be remitted either to Sr.
Divisional Cashier (Pay)/Southern Railway, Madurai –16 or demand draft drawn in favour of
Sr.Divisional Finance Manager, Southern Railway, Madurai-16.

(b) Security Deposit shall be refunded to the licensee after the successful completion of the
work as certified by the Competent Authority. The certificate, inter alia, should mention that the
work has been completed in all respects and that the licensees have fulfilled all the contractual
obligations and that there is no due from the contractor to Railways against the contract
concerned. Before releasing the SD, an unconditional and unequivocal no claim certificate from
the Licensee concerned should be obtained.

(c) If the Licensee is resiled, the Security Deposit will be forfeited .

(28) The Contract is also governed by the General Conditions of Contract for works
matters of the Railways. General Conditions of Contract for works shall be read as part
and parcel of the Tender documents. The licensee should abide by the rules and
regulations of the general conditions of contracts for works

(29) (a) The contract is liable for termination by either party duly giving three months(or six
months, as may be decided) prior notice without assigning any reason, provided that.termination
of the contract by the service provider/licensee before the expiry of the period of 12 months from
its coming in to force, the Security Deposit and license fee paid (if any) will be forfeited.
(b) The Railway administration shall not be responsible for any loss / damage to the agency
consequent to the termination of the contract for what so ever reasons.

(30) Provision of Water and electricity: Water and Electricity for Pay and Use toilets will
be provided by Railways at free of cost subject to the conditions indicated below and this facility
should not be misused.

(a) Conditions for water:-

1. No unauthorized tapping of water.

2. Water meter should be provided to monitor the water consumption.
3. No extra water connection from the earmarked one should be provided so as to avoid misuse
of water and
4. No wastage of water allowed other than nominated use.

(b) Conditions for Electricity:-

1. Only energy efficient lighting to be provided and the quantity shall be optimum.
2. Natural lighting to be used during the day time to the maximum extent.
3.No plug point to be provided so as to avoid misuse of energy.
4.There shall be no unauthorized tapping of water and power supply.
5. Energy meter shall be provided to monitor the energy consumption.
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(31) The caretaker and attendant who is manning the lavatory must be in uniforms suggested
as under with an identity card with photo issued by the licensee and attested by security officers
of Railways for verification by nspecting officials.

Attendants: Navy Blue Trouser with Blue shirt and water proof black colour shoes.

Caretaker: Dark Brown colour Trouser with blue shirt and brown colour shoes.
In case of lady attendants Navy Blue sarees with same colour blouse.

(32) No one shall be permitted to smoke in and around the toilet area. A board has to be
provided indicating the Prohibition of Smoking.

(33) The licensee or his nominee shall be available round the clock to carry out the
instructions given by the inspecting officials.

(34) The successful tenderer should pay the security deposit i.e.10% of the total license
value , within 14 days after the issue of L.O.A for the due and faithful fulfillment of license by the
licensee .

(35) Termination of contract:

Either party can terminate the contract duly giving three months (or six months, as may
be decided) prior notice without assigning any reason, provided that termination of the license
by licensee before the expiry of the period of 12 months from its coming into force, the Security
Deposit and license fee (if any) paid will be forfeited.

(36) The Earnest Money Deposit (EMD) and the aforesaid deposits carry no interest on them
and will be returned to the licensee, six months after the expiry or termination of the contract.

(37) In the event of any adjustment made by the Railway Administration from the advance
license fee, the licensee shall reimburse and recoup the same amount within 14 days from the
date of communication of such adjustment.

(38) The Licensee shall pay fair wages to the workers and should engage persons above 18
years of age only. Engagement of child labour is prohibited.

(39) Tenderer shall not assign sublet or part with his rights or liabilities under license any part
thereof. Any assignment subletting done in contravention to the above shall be void and it will
be of no effect against the administration and the administration shall have in addition to other
rights conferred there under the rights to terminate or subletting on account of such assignment
or subletting.

(40) Administration has got every right to repair, alter or close the toilet closets in temporary
manner for maintenance purposes.

(41) The Divisional Railway Manager of the Railway administration or his authorized
representatives shall have free access at all times of the said premises.

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(42) Tenders containing erasures or alterations without proper attestation are liable to be
rejected. The rate quoted for the tender should be legibly written in ink in figures and in words.
If the amount undertaken or ordered to be paid is stated differently in words and figures, the
amount stated in words shall be the amount undertaken or to be paid.

(43) In the event of the successful tenderer failing to remit the advance license fee and to
execute an agreement in the prescribed form and take up the work within 14 days from
the award of the work, the EMD and the security deposit paid by the Tenderer will be
forfeited by the Railway administration as ascertained liquidated damages.

(44) The Licensee shall not have any claim for any compensation in case of reduction in the
users of the toilet due to any reasons.

(45) The Licensee shall be held responsible for the loss incurred by the Railway administration
and damages caused to the property/premises handed over to him, during the period of license
and he shall reimburse the cost of rectification/repairs work to the Railways.

(46) The Licensee shall not be entitled to claim against the administration for any loss, which the
licensee may incur on account of fire, or any other cause.

(47) The Railway administration reserves to itself the right to reject all or any of the tenders
without assigning any reasons and is not bound to accept the highest.

(48) A register may be made available to the traveling public to record any complaints noticed
from time to time.

(49) Lady Attendants should attend all lady toilets for ladies only.

(50) The value of the contract for three years is approximately _____________

(51)Tenderer should submit copies of testimonials / experience certificates, etc. obtained from
the organizations where they have worked in support of their previous experience in executing
similar type of work, along with the tender form.

(52) All toilets and the glazed tiled / marble portions should be cleaned with high-pressure
water jet with regular intervals with deodorant spray.

(53) Blockage in water closets and in urinals is to be attended by Attendants. Engineering

branch will attend only the underground sewerage blocks.

(54) Mini cloak room: To keep the luggage and personal belongings of the toilet users a mini
cloak room should be provided for the facility of users. For this an industrial locker or elegantly
designed storage rack should be provided near the cash counter under the custody of
caretaker.

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(55) The area around the Pay and Use toilets should be provided with green patch or flowerpots
for the beautification of toilets.

(56) The Railway administration shall not be responsible for any transaction in any manner
between the licensee and any third party and is not liable for consequential damages or
compensation for finding to any conditions what so ever. The Licensee shall be responsible to
indemnify and hold indemnified the Railway administration in case of any damages claimed for
any injury or what so ever sustained by any third party or Railway personnel of any act of
omission or commission by the contractor or his agents or found liable to compensate by any
authority or Court of law.

(57)The licensee should be accessible round the clock in case of emergency/ necessity to co-
ordinate with Railway administration.

(58)The Licensee should provide his supervisors with communication facilities such as Mobile
phones to be contacted by Railway officials for day-to-day work.

Settlement of Disputes- Indian Railway Arbitration Rules.

59. Matters Finally determined by the Railway:
In the event of any question, dispute or difference arising under these conditions or any special
conditions of contract, or in connection with this contract (except as to any matters) the decision
of which is specially provided by these or the special conditions i.e. excepted matter (non
arbitrable), the same shall be referred to the Sole arbitration of an arbitrator in terms of the
Arbitration and conciliation Act, 1996 as amended by Abitration and conciliation (Amendment
Act, 2015 – Arbitrator shall be a person possessing a qualification as under:
a) a retired Railway officer not below SAG level 3 years after his date of retirement.
b) Age of the arbitrator at the time of appointment shall not exceed 70 years and shall be
appointed by GM, Southern Railway.
c) The retired Railway officer being appointed as arbitrator will not be of those who had an
opportunity to deal with the matter to which the contract relates or who in the course of
his duties have expressed views on all or any of the matters under disputes or
difference.
The award of the arbitrator shall be final and binding.
In the even of arbitrator dying , neglecting or refusing to act or resigning or being unable
to act for any reason or his award being set aside by the Court for any reason, it shall be
lawful for the authority appointing arbitrator to appoint another arbitrator in the place of
outgoing arbitrator in the manner aforesaid.
It is further a term of contract that no person other than the person appointed by General
Manager as afore said should act as the arbitrator and that is for any reason i.e. not
possible then the matter is not to be referred to arbitration at all. . The cost of the
arbitration shall be bound by the parties equally. It is further a term of this contract that
where arbitral award is for the payment of money not interest shall be payable on whole
or any part of the money for any period till the date on which the award is made.
All disputes and differences of any kind whatsoever arising out of or in connection with
the license, whether during the progress of the work or after its completion and whether
before or after the determination of the license, shall be referred by the licensee to the
General Manager and the General Manager shall within 120 days after receipt of the

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 contractor’s representation make and notify decisions on all matters referred to by the
contractor in writing provided that matters for which provision has been made in clauses
8, 18, 22(5), 39, 43(2), 45(a), 55, 55-A(5), 57, 57A, 61(1), 61(2) and 62(1) to (xiii) (B) of
General Conditions of contract or in any clause of the special conditions of the contract
shall be deemed as “excepted matters” (matters not arbitrable) and decisions of the
Railway authority, thereon shall be final and binding on the license: provided further that
“excepted matters” shall stand specifically excluded from the purview of the arbitration
clause.
60. (1) (i) Demand for Arbitration:
In the event of any dispute or difference between the parties hereto as to the construction or
operation of this license, or the respective rights and liabilities of the parties on any matter in
question, dispute or difference on any account, or as to the withholding by the Railway of any
certificate to which the licensee may claim to be entitled to, or if the Railway fails to make a
decision within 120 days, then and in any such case, but except in any of the ‘excepted matters’
referred to in clause 30 of these conditions, the licensee after 120 days but within 180 days of
his presenting his final claim on disputed matters, shall demand in writing that the dispute or
difference be referred to arbitration.
60.(1)(ii) (a) The demand for arbitration shall specify the matters which are in question or
subject of the dispute or difference as also the amount of claim item wise. Only such dispute(s)
or difference (s) in respect of which the demand has been made, together with counter claims or
set off. Given by the Railway, shall be referred to arbitration and other matters shall not be
included in the reference.
60.(1)(ii) (b) The parties may waive off the applicability of sub-section 12(5) of Arbitration and
Conciliation (Amendment) Act 205, if they agree for such waiver, in writing, after dispute having
arisen between them, in the format given under Annexure XII of these conditions.
60.(1)(iii)(a) The Arbitration proceedings shall be assumed to have commenced from the day, a
written and valid demand for arbitration is received by the Railway.
(b) The claimant shall submit his claim stating the facts supporting the claims alongwith all
relevant documents and the relief or remedy sought against each claim within a period of 30
days from the date of appointment of the Arbitral Tribunal.
(c) The Railway shall submit its defence statement and counter claim(s), if any, within a period
of 60 days of receipt of copy of claims from Tribunal thereafter; unless otherwise extension has
been granted by the Tribunal.
(d) “Place of arbitration: The place of arbitration would be within the geographical limits of
Madurai Division of the Railway where the cause of action arose or the Headquarters of the
concerned Railway or any other place with the written consent of both the parties”.
1 (1)(iv) No new claim shall be added during proceedings by either party. However, a party may
amend or supplement the original claim or defence thereof during the course of arbitration
proceedings subject to acceptance by the Tribunal having due regard to the delay in making it.
60 (1)(v) If the Licensee(s) does/do not prefer his/their specific and final claims in writing, within
a period of 90 days of receiving the intimation from the Railway that the final bill is
ready for payment, he/they will be deemed to have waived his/their claim(s) and the Railway
shall be discharged and released of all liabilities under the contract in respect of these claims.
60 (2) Obligation during pendency of arbitration:
Work under the license shall, unless otherwise directed by the Senior Divisional Commercial
Manager, Madurai Division, Southern Railway, Madurai - 16, continue during the arbitration
proceedings, and no payment due or payable by the Railway shall be withheld on account of
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such proceedings, provided, however, it shall be open for Arbitral Tribunal to consider and
decide whether or not such work should continue during arbitration proceedings.
60 (3): Appointment of Arbitrator:
60 (3) (a) Appointment of Arbitrator where applicability of Section 12 (5) of Arbitration and
Conciliation Act has been waived off:
60 (3)(a)(i) Appointment of Arbitration Tribunal:
In cases where the total value of all claims in question added together does not exceed
Rs.1,00,00,000/- (Rupees One Crore only), the Arbitral tribunal shall consist of sole arbitrator
who shall be a gazetted officer of Railway not below JA grade, nominated by the General
Manager. The sole arbitrator shall be appointed within 60 days from the day when a written and
valid demand for arbitration is received by GM.
60 (3)(a)(ii) In cases not covered by Clause 61 (3) (a)(i) the Arbitral Tribunal shall consist of a
panel of three Gazetted Railway Officers not below JA grade or 2 Railway Gazetted officers
not below JA Grade and a retired Railway Officer, retired not below the rank of SAG
officers as the arbitrators. For this purpose, the Railway will send a panel of atleast four(4)
names of Gazetted Railway officers of one or more departments of the Railway which may
also include the name(s) of retired Railway officer(s) empanelled to work as Railway
Arbitrator to the contractor within 60 days from the day when a written and valid demand
for arbitration is received by the GM. The licensee will be asked to suggest to General
Manager at least 2 names out of the panel for appointment as contractor’s nominee within 30
days from the date of dispatch of the request by Railway. The General Manager shall
appoint atleast one out of them as the Licensee’s nominee and will, also simultaneously appoint
the balance number of arbitrators either from the panel or from outside the panel, duly indicating
the ‘presiding arbitrator’ from amongst the 3 arbitrators so appointed. GM shall complete this
exercise of appointing the Arbitral Tribunal within 30 days from the receipt of the names
of contractor’s nominees. While nominating the arbitrators it will be necessary to ensure that
one of them is from the Accounts department. An officer of Selection Grade of the Accounts
Department shall be considered of equal status to the officers in SA grade of other departments
of the Railway for the purpose of appointment of arbitrator.
60(3) (b): Appointment of Arbitrator where applicability of Section 12 (5) of A & C Act has
not been waived off:
The Arbitral Tribunal shall consist of a Panel of three (3) Retired Railway Officer, retired not
below the rank of SAG Officer, as the arbitrators. For this purpose, the Railway will send a panel
of atleast four (4) names of retired Railway Officer(s) empanelled to work as Railway Arbitrator
duly indicating their retirement date to the contractor within 60 days from the day when a written
and valid demand for arbitration is received by the GM.
The licensee will be asked to suggest to General Manager atleast 2 names out of the panel for
appointment as contractor’s nominee within 30 days from the date of dispatch
of the request by Railway. The General Manager shall appoint atleast one out of them as the
contractor’s nominee and will also simultaneously appoint the balance number of arbitrators
either from the panel or from outside the panel, duly indicating the presiding arbitrator from
amongst the 3 arbitrators so appointed. GM shall complete this exercise
of appointing the Arbitral Tribunal within 30 days from the receipt of the names of Licensee’s
nominees. While nominating the arbitrators, it will be necessary to ensure that one of them has
served in the Accounts Department.
60 (3)(c)(i) If one or more of the arbitrators appointed as above refuses to act as arbitrator,
withdraws from his office as arbitrator, or vacates his/their office/offices or is/are unable or
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unwilling to perform his functions as arbitrator for any reason whatsoever or dies or in the
opinion of the General manager fails to act without undue delay, the General Manager shall
appoint new arbitrator/arbitrators to act in his/their place in the same manner in which the earlier
arbitrator/arbitrators had been appointed. Such re-constituted Tribunal may, at its discretion,
proceed with the reference from the stage at which it was left by the previous arbitrator(s).
60 (3)(c)(ii) (a) The Arbitral Tribunal shall have power to call for such evidence by way of
affidavits or otherwise as the Arbitral tribunal shall think proper, and it shall be the duty of the
parties hereto to do or cause to be done all such things as may be necessary to enable the
Arbitral Tribunal to make the award without any delay. The arbitral Tribunal should record day to
day proceedings. The proceedings shall normally be conducted on the basis of documents and
written statements.
(b) Before proceeding into the merits of any dispute, the Arbitral Tribunal shall first decide and
pass its orders over any plea submitted/objections raised by any party, if any regarding
appointment of Arbitral Tribunal validity of arbitration agreement. Jurisdiction and scope of the
Tribunal to deal with the dispute (s) submitted to arbitration applicability of time limitation to any
dispute, any violation of agreed procedure regarding conduct of the arbitral proceedings or plea
for interim measures of protection and record its orders in day to day proceedings. A copy of
the proceedings duly signed by all the members of tribunal should be provided to both the
parties.
60.(3) (c)(iii) (i) Qualification of Arbitrator (s)
(a) Serving Gazetted Railway Officers of not below JA Grade level.
(b) Retired Railway Officers not below SA Grade level, three years after his date of retirement.
(c) Age of arbitrator at the time of appointment shall be below 70 years.
(ii) An arbitrator may be appointed notwithstanding the total number of arbitration cases in which
he has been appointed in the past.
(ii) While appointing arbitrator(s) under sub-clause 60.(3)(a) (i), , 60.(3)(a) (ii) & 60.(3)(b) above,
due care shall be taken that he/they is/are not the one/those who had an opportunity to deal
with the matters to which the contract relates or who in the course of his/their duties as Railway
Servant(s) expressed views on all or any of the matters under dispute or differences. The
proceedings of the Arbitral Tribunal or the award made by such Tribunal will, however, not be
invalid merely for the reason that one or more arbitrator had, in the course of his service,
opportunity to deal with the matters to which the contract relates or who in the course of his/their
duties expressed views on all or any of the matters under dispute.
60 (3)(d)(i) The arbitral award shall state item wise, the sum and reasons upon which it is
based. The analysis and reasons shall be detailed enough so that the award could be inferred
there from.
60 (3)(d)(ii) A Party may apply for corrections of any computational errors, any
typographical or clerical errors or any other error of similar nature occurring in the award of
Tribunal within 60 days of the receipt of the award.
60 (3)(d)(iii) A party may apply to Tribunal within 60 days of receipt of award to make an
additional award as to claims presented in the arbitral proceedings but omitted from the arbitral
award.
60.4 In case of the Tribunal, comprising of three members, any ruling or award shall be made by
a majority of members of the Tribunal. In the absence of such a majority, the views of the
Presiding Arbitrator shall prevail.
60.5 Where the arbitral award is for the payment of money, no interest shall be payable on
whole or any part of the money for any period till the date on which the award is made.
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60.6 (a)The cost of arbitration shall be borne by the respective parties. The cost shall inter-alia
include fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to time and
the fee shall be borne equally by both the parties provided parties sign an agreement in the
format given at Annexure II to these condition after/ while these disputes to Arbitration. Further,
the fee payable to the arbitrator(s) would be governed by the instructions issued on the subject
by Railway Board from time to time irrespective of the fact whether the arbitrator(s) is/ are
appointed by the Railway Administration or by the Court of Law unless specifically directed by
Hon’ble Court otherwise on the matter.
(b)(i) Sole Arbitrator shall be entitled for 25% extra fee over the fee prescribed by Railway
Board from time to time.
(ii) Arbitrator tribunal shall be entitled to 50% extra fee if Award is decided within six months.
60.7 Subject to the provisions of the aforesaid, Arbitration and Conciliation Act 1996 and the
rules there under and relevant para of General Conditions of Contract (GCC) and statutory
modification thereof shall apply to the appointment of arbitrators and arbitration proceedings
under this clause.

Sr. Divisional Commercial Manager,

Southern Railway, Madurai Division, Madurai - 16
for and on behalf of the President of India.

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