Airports Authority of Airport

E- TENDER DOCUMENT

For

Contract for Snacks Bar at .

Prepared by Approved by

Vivek Vikram Subramani. P Jr. Executive(Comml) Airport Director

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भारतीय वमानपन ाधकरण/Airports Authority of India, बागडोगरा हवाई अडा/Bagdogra Airport. Phone no.: 0353-2698-431/137.

E-Tender No. 2018_AAI_ 18168

COST OF DOCUMENTS: RS. 5,000/- (Five Thousand Only) include all Taxes.

TENDER DOCUMENT NO.:AAI/BD/COMML/SNACKS BAR/ Date: 20.11.2018

Sub/िवषय: Tender for Snacks Bar at Bagdogra Airport TENDER SET COMPRISES: SL.NO PARTICULARS PAGE NO 1. Notice Inviting Tender 3-5 2 General Information & Guidelines 6-9 3. Licence Agreement 10-12 4. E-Tendering Guidelines to the bidders 13 5. Special Terms & Conditions 14-15 5. General terms & Conditions 16-22 6. Schedule of Premises 23 7. Acceptance Letter 24 9. List of Near Relatives 25 10. Declaration having contacts with AAI 26 11. Undertaking for outstanding dues 27 12. Format of outstanding dues certificate 28 13. Bank Guarantee (BG) 29-31 15. Location plan 32

IMPORTANT:  Participants are advised not to give any conditional Tender and adhere to the terms & conditions indicated in the Tender documents provided by AAI.  Conditional Tenders would be summarily rejected.  Participants are required to upload the documents after making proper diligence study.

वमानपन नदेशक/Airport Director. भारतीय वमानपन ाधकरण/Airports Authority of India, बागडोगरा हवाई अडा/Bagdogra Airport.

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NOTICE INVITING TENDERS

Refer no. AAI/BD/COMML/SNACKS BAR/ Date: 20.11.2018.

Tender in the prescribed form duly sealed are hereby invited for granting licence for the following.

Sl. Name of the Period of Minimum EMD Tender Cost No. Facility & Area Contract Reserved (in Rupees) (including all Licence Fee Taxes applicable) 1. Tender for Snacks Bar in 05 years Rs. 1,10,000/- Rs.1,00,000/ Rs. 5,000/- Departure Lounge (1st Floor) per month plus - at Bagdogra Airport. applicable taxes. Area: 11.16 sqm.

2. (a) Licence fee subject to be compounded with escalation of 10% Per Annum. However in case of shifting of space from old building to new building, rates applicable to new building will be levied after gestation period, if any.

3. In addition to licence fee, the party is liable to pay the following: a) Space rent will be paid @ Rs.766/-(non AC) and Rs.1125/-(AC) per sqm per month w.e.f. 01.04.2018 for counter space to be allotted to the licensee plus applicable taxes with 10% annual compound escalation on every 1st April. The rate of space rent & escalation percentage may be changed during the contract period, the same will be liable to pay by the licensee. b) Utility/Facilitation charge is also payable @ 10% of space rent plus applicable taxes. The rate of Utility/Facilitation charge percentage may be changed during the contract period, the same will be liable to pay by the licensee. Electricity & water charges on actual consumption basis and applicable tax etc shall also be chargeable as per AAI policy. c) The successful tenderer is liable to pay all the applicable taxes at the rates declared by Govt. of India/ State Govt./ Union Territory from time to time. d) Licence fee is compoundable by 10% per annum. The rate may change in future. e) Electricity will be charged as per the applicable rate. f) Vacant space will be given to the Licensee; the Licensee will construct the said facility and arrange all other required accessories to open the Counter.

4. The parties fulfilling the criteria as mention below are eligible to participate in the tenders

a. The parties having same type of business during the last 3 years are eligible for participation. b. Branded food-chain having minimum of 10 outlets in India with 3 years of experience. If the original branded food-chain company of foreign origin has Indian management/franchise tie-up or running them under their own name under an Indian Company are also eligible. c. Food retail-chain company running food courts/stalls in Mall or Airports or bus terminus, ferry terminus etc and with 3 years experience having multiple brand products can also participate provided they have 10 such outlets in India. d. Financial Capacity/Gross Turnover Criteria:

I. The Party should have an Annual Gross Turnover equivalent to six month value of MRLF (i.e. 6 x Rs. 1,10,000/- = 6,60,000/- Six lacs Sixty Thousand) II. Qualifying Turnover specified above should be at least 50% from the same kind of Business. III. The Turnover Criteria should be in any of the last 5 financial years. IV. The turnover details should be duly certified by a Chartered Accountant. V. In case of multiple business of a company then the breakup of the turnover with the specific requirements of the tendered facility should be submitted duly certified by the Chartered Accountant.

5. Gestation period: Maximum of 60 days of gestation period or actual commencement of commercial operation whichever is earlier will be allowed from the date of issuance of award letter. Page 3 of 32

6. The period of license shall be for Five (05) Years. 7. AAI has every right to call another Tender for same facility in other place of this Airport. 8. Only one tender document shall be sold to a single party either a firm or an individual. The proprietor of more than one company or firm will be considered as single party and one legal entity. 9. Any party either a firm or an individual falling under the following categories is not eligible. a) Debarred/black listed by CBI or AAI or Undertakings/Departments like; Railway, Defense, or any other Department of Govt. of India, State Govt. Dept. of Commercial at RHQ/Airports is to maintain records of such debarred/black-listed parties in consultation with Vigilance Deptt.at CHQ. In this regard, Deptt.of Vigilance at Hqrs. may forward an updated list to the Regions/Airports. A declaration to this effect is also to be obtained from the party submitting the tender documents. b) Parties facing action under PPE Act, with AAI. c) Parties either an individual or a business establishment, who has been ordered by a Court of Law to pay the outstanding dues of AAI at any of the airports as a whole and has not paid such dues to AAI, shall also not be eligible for the tender. d. i. Undisputed dues (including interest on delayed payments) exceeds one month’s licence fee in each contract. ii. Dues (undisputed) exceed available security deposit (for each contract considered separately).

10. E-Tender documents indicating full details of the licence can be seen in the e-tender documents uploaded on the NIC CPPP E-tendering Portal at https://etenders.gov.in (a) The bids shall be submitted only on the NIC CPPP E-Tendering portal at https://etenders.gov.in (b) The bids shall not be accepted in any other form. (c) The e-tendering process is online at NIC CPPP E-Tendering Portal at https://etenders.gov.in (d) Tenders are requested/advised to get themselves acquainted for e-tendering participation requirement at NIC CPPP E-Tendering Portal. (e) Clarification needed, if any, may be sent through NIC CPPP E-Tendering portal only. (f) Cost of e-tender fee amounting to Rs. 5,000/- (Rupees Five Thousand only), non- refundable to be paid through NEFT/RTGS mode to AAI, Bagdogra bank account whose particular are as follows:- Bank Account No. (Current account) – 33656879591 Bank Name and Branch Address – State Bank of India I.A.F Camp Bagdogra, P.O. Bagdogra IFSC code – SBIN – 0007148 The proof/ document towards making such payment through NEFT/RTGS mode may please be attached as part of technical bids/documents to be submitted by the bidder(s) E-bids shall be submitted in two bid system as follows:- I. Technical bid-earnest Money deposit (EMD) and other documents as required under clause 3 of general information/.Guidelines of Notice Inviting e-tender II. Financial bid-As required under clause 4 of General Information/Guidelines of notice inviting e-Tender. 11. Critical dates:-

SI.NO ACTIVITY DATE TIME IN IST FROM TO 1. Download (sale of e-Tender document 20.11.2018 17.12.2018 Upto 1500 Hrs. from NIC CPPP E – tenders Portal. 2. Online Submission of Bids (technical Upto 17.12.2018 By 1500 Hrs. as well as financial) on NIC CPPP E- Tenders Portal 3. Opening of Technical Bids (Online On 19.12.2018 At 1600 Hrs. Only) 4. Opening of Financial Bids (Online Date and Time of opening of Financial Bid shall Only) be intimated separately/subsequently only to the technically qualified bidders. Page 4 of 32

12. AAI reserves to itself the right to reject any or all the tenders without assigning any reason thereof and/or to call for any other detail or information from any of tenderer(s). 13. Applicable taxes as per Govt. rule will applicable. Apart from that, statutory liability, if any, imposed by the Govt. during the currency of the contract, the same is payable by the licensee.. 14. The successful tenderer must necessarily operate the contract for a minimum of 50% of the total period of contract, failing which, the licensee shall be debarred from participating in any commercial tenders of AAI, for a minimum period of next 01 (one) year and Security Deposit will be forfeited. 15. The Licensee should pay the salary to their staff as per minimum wage act (Govt. of India). 16. At any stage, the tender can be cancelled by AAI without assigning any reason. Party can’t raise any objection or can not take any legal action against the cancellation of tender. 17. AAI will provide the space only. Licensee will prepare the Counter/said facility on his own cost. 18. The Licensee shall use the area allotted for the bonafide purposes as provided in the agreement more particularly described in the attached schedule, for the use of all passengers and bonafide visitors to the Airport and Officers of the Authority and the staff of various airlines and concessionaires using the airport and for no other purpose. 19. Licensee shall not erect or display any advertisement, hoardings, banners or sign boards or undertake any modification/construction plan at the allotted space. Any specific requirement needs to be approved by Airport Director/Airport In-charge. 20. AAI reserves itself the right to extend the date of receiving/opening of the bids as well as to extend the validity of the tender. 22. The agreement between the party and AAI should be completed before commencement of the contract. However in unavoidable circumstances the Airport Director/In Charge of the station can permit the commencement without the agreement being signed provided the agreement is signed within 07 days from the commencement. This should be brought on record by way of proper letter addressed to the party. This letter will from the part of the contract document. The contract will become void and can be terminated without any notice and the party cannot claim any damage, if the agreement is not executed within the time frame given above.

वमानपन नदेशक/Airport Director. भारतीय वमानपन ाधकरण/Airports Authority of India, बागडोगरा हवाई अडा/Bagdogra Airport.

Copy: (1) Regional Executive Director, Eastern Region, North Eastern Region, Southern Region, Northern Region & Western Region-e-mail. (2) All APD/APC – e-mail (3) Jt.GM (Comml), AAI, NSCBI Airport, Kolkata – 700052- e-mail. Internal: NIC-CPPP Portal, AAI website, Notice Board of Bagdogra Airport.

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GENERAL INFORMATION/GUIDELINES.

1. Tender documents are not transferable. 2. Following bids shall be submitted through online only at NIC CPPP E – Tenders Portal at https://etenders.gov.in by the bidder/ tender:- 3. Tender documents duly completed in all respects containing Technical bid along with Financial Bid (separately) are to be uploaded in English only. Each page of technical bids should be signed by the person authorized by the tenderer. The authorization (Power of Attorney) should be on non-judicial stamp paper of Rs 100/- duly attested by Notary Public. The technical e-bid, which will be opened first, shall contain the following documents along with authorization letter in readable form at NIC CPPP E-Tendering portal at etenders.gov.in as a part of technical bid):-

a) Details of the concern and legal status that is whether it is sole proprietor, partnership firm or a company under the Companies Act. b) Self attested copies of the PAN card, other taxes Certificate, GST detail to be uploaded with technical documents. In case any or all the provisions mentioned above are not applicable, the party should give a declaration to that effect. Non-submission of above documents will not be considered as exemption. AAI reserves the right to confirm the legal applicability of the provisions before accepting the declaration of non-applicability as submitted by the party. c) Copies of (duly audited and certified by a chartered Accountant) profit and loss Account/Balance sheet of the sole proprietor concern or a partnership firm, annual report in case of a company as per the companies Act. d) Self attested copies of Memorandum and Articles of Association in case of Companies and partnership deed in case of firms and approved by Laws in case of Co-operative Societies. e) Earnest Money Deposit (EMD) of Rs. 1,00,000/-(Rupees One lakh only) shall be paid through NEFT/RTGS mode to AAI, Bagdogra bank account whose particulars are as follows:- Bank Account No. (Current account) – 33656879591 Bank Name and Branch Address – State Bank of India I.A.F Camp Bagdogra, P.O. Bagdogra IFSC code – SBIN – 0007148 The proof/ document towards making such payment through NEFT/RTGS mode may Please be attached as part of technical bids/documents to be submitted by the bidder(s) Non-payment of EMD by the stipulated date & time shall lead to disqualification of tenderer(s).

Refund of EMD: EMD of unsuccessful bidders who fail to qualify the eligibility / technical stage shall be refunded.

f) No Dues Certificates. (For details see point no. 15 below). g) Form of unconditional acceptance duly signed. (Annexure- III). h) Details of experience in the trade for which tenderer (s) is intend to participate along with supported authenticated documents. {(Ref. NIT clause no. 4} i) A declaration has to be given on a non-judicial stamp paper of Rs. 100/- duly attested by Notary public indicating the following details while submitting the tender documents. i) The details of their contracts at all the airport of AAI as a whole; ii) Their liability of payment of disputed/undisputed dues of AAI; iii) Whether debarred/blacklisted by CBI or AAI or undertaking/depts. like Railway, Defense, or any other departments of Govt. of India, State Govt. iv) Whether facing any action under PPE Act. In case the party does not fall under above point [(i) to (iv)], then also Nil statement shall be given.

j) The tenderer(s) shall give the list of his near relatives employed in AAI as per Annexure- IV. k) Provident Fund number of their employee shall be given with the tender. In case the same is not available at this movement, declaration should be given in this effect stating that the party should submit the same within One month from the award of contract date.

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IMOPRTANT: AAI reserves the right to verify, refer any document to the concerned authority for confirmation from case to case basis. Mere submission will not bind AAI to accept the documents as valid for opening of financial bid.

4. Financial bid: (a) The financial e-bid should be in the prescribed format available at NIC-CPPP E-Tender Portal at https://etenders.gov.in and the following shall also form part and parcel of financial e-bid to be submitted by the tenderer

I/We have carefully read and understood the terms and conditions of the licence as contained in E-Tender Documents issued by the Airports Authority of India(AAI) including the following:- I. Earnest money deposit of Rs.1,00,000/- (Rupees One lakh only) liable to be forfeited by AAI, if on award of licence, I/we do not accept the award or do not fulfill any of the conditions stipulated in e-tender documents, within prescribed time. II. On account of non-acceptance of award or on account of non-completion of e-tender conditions within the prescribed time, I/We shall be debarred by AAI for further participation in the tenders at this airport or at any other place under the control of AAI, for a period of three (3) years. III. In case the documents submitted by my/our firm along with e-tender are false/incorrect, the e-tender of my/ our firm will be liable to be reject by giving reasons. In addition, AAI reserves its right to forfeit the EMD of my/our firm and debar my/firm from participation in the further e-tender/tender of AAI. (b) AAI reserves itself the right to reject the conditional offer without assigning any reason thereto. (c) The AAI does not bind itself to accept the highest or any e-tender and reserves to itself the right of accepting the whole or any part of the e-tender and the tenderer shall be bound to provide the service at the rate quoted. (d) The amount of licence fee should be conspicuously written both in figures as well as in words. (e) In case of discrepancy between the amount offered in figures and words, the offer written in words will only be considered.

5. a) A sole proprietor having concerns under different names will be considered as a single legal entity. PAN card will determine the single entity criteria hence will be the basis for decision.

b) In case of partnership firms, as it does not have any legal entity on its own, hence if two or more firms are having common partners then all these firms will be considered as single entity. The principle of implied agency of partner as per the partnership Act of India has been taken as the guiding principle. Since the provisions are different in Tax laws hence different PAN card will not entitle the firms having common partners to be treated as separate entity for the purpose of commercial contracts in AAI.

c) In case of companies, if the holding company and its subsidiary are participating in the same tender then a disclosure to this effect to be made at the time of application for tender form. Also it will be mandatory for them to submit the basis and proof of the relationship during the technical bid stage. d) In case a foreign company and its wholly owned Indian subsidiary (WOS) Company are participating in the same tender then a disclosure to be made during the application stage. Also it will be mandatory for them to submit the basis and proof of the relationship during the technical bid stage. 6. It may be noted that the Earnest Money Deposit of the successful bidder may be forfeited and the bidder may be debarred for further participation in AAI’s tender(s) for a period of three years, on account of non completion of the following:

a) Acceptance of the offer within 10 days. b) Payment of advance licence fee for one month within 15 days from the receipt of the award letter. c) (i) Payment of Security Deposit equal to 06 months of licence fee based on the first year licence fee to be deposited, in the form of Demand Draft /Bank Guarantee of a Page 7 of 32

Nationalized/Scheduled Bank in favour of AAI, payable at and for BG, Airport Director, AAI, Bagdogra Airport within 15 days after issuing of the Award letter for the licence. The SD (Bank Guarantee) should be valid for a period of 3 months from the date of expiry of contract. No interest is payable on SD. (ii) That the licensee shall deposit Rs. 10,000/- through DD as security deposit towards electricity charges. (iii) The agreement on non-judicial stamp paper of Rs. 100/- between the party and AAI shall be Completed before commencement of the contract. d) Commencement of the facility within 60 days.

7. Tender(s) will remain valid for a period of 180 days from the date of opening of the Technical Bid. If any tenderer withdraw during the validity period, his Earnest Money Deposit will be forfeited. However, the tenderer(s) can withdraw their Earnest Money Deposit after the validity is over or may extend the validity of their tender(s) with the consent of AAI. 8. The successful bidder shall intimate the names of the persons employed by him or going to employ, who are near relatives of AAI employees.

9. Conditions for debarring and blacklisting Parties: Any breach of the conditions stated above by the successful tenderer(s) shall be dealt according to following.

(A) If a party after the award letter is issued does not complete the formalities of acceptance or does not commence the operation of the facility on the commencement date specified or does not sign the agreement within the prescribed date or non-payment of SD, Advance Licence fee etc. then the contract is liable to be terminated by AAI and the EMD received will be forfeited. The party will also be debarred from participating in any tender of AAI for a period of one year.

(B) If any contract is terminated due to any illegal activity which is punishable under any of the Laws of the Land then the party will be debarred till the case is cleared by the concerned legal authority of the land. In case any penalty or fine is imposed by the concerned authority then party will be debarred till he obtains a clearance from the concerned authority.

(C ) Successful Tenderer must necessarily operate the contract minimum for 50% of the contract period, failing which the licensee shall be debarred from participating in any tender of Airports Authority of India for a period of next one year.

(D) If at any stage, AAI finds that the party had submitted any false/wrong/concealment of information/document affecting eligibility criteria of the facility in such case, EMD shall be forfeited and party is liable to be debarred for three years for participation in AAI tenders.

10. All the above guidelines will form part & parcel of the Notice Inviting Tenders (NIT).

11. AAI reserves itself the right to extend the date of receiving/opening of the bids as well as to extend the validity of the tender. 12. AAI reserves right to reject any or all tender(s) in part or in full without assigning any reason.

13. At any stage the Tender can be cancelled by AAI. In that case, no party can object.

14. The tenderers shall submit the details of their bank account (Number, Nature of A/c, Name of Bank, IFSC Code, Branch code with address, MICR Code, Swift Code etc.) for creation of customer master in AAI records, along with tender documents.

15. No Dues Certificate a) Self declaration of dues. The party should submit the details of contract held (current and past) at all AAI controlled airports and offices and the details of disputed and undisputed dues there on along with the details of SD and mode of SD. b) No Dues Certificate from AAI. i. The party should also enclose the no dues certificate issued by AAI in respect of all airports under its control.

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ii. The party should apply to each station and the certificate to be issued by the station concerned to the applicant within 5 working days. The station may give the details of outstanding as per AAI books with details available at the station level. It will be the joint responsibility of the station in-charge and the in-charge of commercial to ensure issue of the certificate within the prescribed period. iii. It will be the responsibility of the party to obtain the No Dues Certificate from all the station and or offices of AAI and submit the same with the tender documents. iv. The No Dues Certificate will refer the application of the party and will be addressed to the party. The certificate should mention the amount and type of security deposit available against each contract on a particular date. v. If the party has made payments to the regional office concerned or CHQ then they should apply to the concerned office to issue a station wise bill wise receipt which may be incorporated by the station. However it will be the responsibility of the party to liaise with the regional office/ CHQ. In case of any delay of receipt of the information by the station concerned then the tender opening officer may consider the receipt issued by these offices (CHQ/RHQ) to work out the corrected dues before applying the disqualification conditions. vi. Only signed certificate will be valid. Photocopy of signed certificate to be attested by the party at the time of tender submission. vii. If the entity participating in any of the tenders is a private or public limited company, Partnership Firm or Sole Proprietor and any of the Directors/Partners/Sole Proprietor of such company is also a director of any other company or partner of a concern or a Sole Proprietor having established business with AAI and has outstanding dues payable to the Authority, then the said entity may not be allowed in AAI tenders. NOTE: Dues of the party should be calculated after taking into consideration all the payments received (including cheques received) by AAI. c) Disqualifying conditions: i. Undisputed dues (including interest on delayed payments) exceeds one month’s licence fee in each contract. ii. Dues (undisputed) exceed available security deposit (for each contract considered separately). d) During the intervening period i.e. after the submission of tender and before finalization of award, if any amount is found as Outstanding against the H-1 emerged bidder, the bidder shall have to clear such dues (undisputed ones) before award of the licence. For this purpose, all the bidders shall have to submit an undertaking alongwith tenders as per format attached herewith as Annexure-VI that in case the bidder emerges as H-1, it shall clear all such dues before the award of License. e) A standardized proforma for issuance of ODC in respect of commercial concessions/licenses is enclosed as Annexure-VII. *NOTE: “By the term ‘near relative is meant wife, husband and dependent parents, grandparents, children, grand children, brothers, sisters, uncle, aunts, cousins and their corresponding in laws”.

वमानपन नदेशक/Airport Director. भारतीय वमानपन ाधकरण/Airports Authority of India, बागडोगरा हवाई अडा/Bagdogra Airport.

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DRAFT LICENCE AGREEMENT

SUBJECT: Agreement for Snacks Bar, Departure 1st floor at Bagdogra Airport.

NIT No: AAI/BD/COMML/SNACKS BAR/ Date: ______

THIS AGREEMENT made this ______day of ______of Two Thousand ______between the Airports Authority of India, a body corporate constituted by the Central Government under the Airports Authority Act( Act 55 of 1994) and having its corporate office at New Delhi and offices at all the Airports in India represented by Airport Director hereinafter called the ‘Authority’(which term shall, unless excluded by or is repugnant to the context, be deemed to include its Chairman, or Member, Executive Directors, Airport Directors, Officers or any of them specified by the Chairman in this behalf, and shall also include its successors and assigns) of the one part, and ______represented by ______of the other part, hereinafter called the ‘Licensee’(which term shall unless excluded by or is repugnant to the context, be deemed to include its heirs, representative, successors and assigns of the licensee).

WHEREAS the Authority is entitled in ‘Law’ to grant licence at its Bagdogra Airport for the purpose of grant of license for ______so as to provide amenities and facilities to the passengers and visitors at airport and is in possession of space, more fully described in the schedule hereunder and in the plan annexed to this agreement, hereinafter referred to as the premises.

WHEREAS the licensee is desirous to render the services to the Authority on the Terms & Conditions mentioned hereunder, General Terms & Conditions (Annexure- I) and Special terms, condition & all the Terms & Conditions mentioned in NIT as well as in award letter.

AND WHERE AS the Authority is agreeable to grant the licence. NOW, THEREFORE, this indenture witnesseth:

1. That the licence for the said facility shall be valid for the period of ______years from ______to ______unless terminated earlier on account of following:

a) By giving 120 days notice in writing from either side without assigning any reason. b) Terminated by AAI on a short notice of 07 days on account of un-satisfactory performance as under. i) Non-payment/partial payment of dues in time. ii) Misbehavior with passengers. iii) Overcharging from Clint in violation of norms. iv) Non-issuance of authenticated receipts for every deal of items. v) Violation of any of the regulatory agencies clauses for smooth conduction the business. vi) Indulgence of your employees in activities other than specified in the licence.

c) Termination on expiry of the specified time period allotted for unresolved internal dispute resolution.

th 2. That in consideration, licensee shall be paid Licence fee and other dues by 10 of every month as advance payment for that month, as per the rates applicable, not withstanding that no bill has been received by you OR within 07 days from the date of receipt of bill whichever is earlier.

th 10 day of English Calendar month as under: Sl No. Year Monthly Licence Fee. Additional percentage/Royalty.

N year

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That Licence fee will be compounded 10% annual. However in case of shifting of space from old building to new building, rates applicable to new building will be levied after gestation period, if any.

3. That in addition to the above said licence fee, licensee shall pay all charges towards Space rent, Utility/facilitation charge @ 10% of space rent, consumption of electricity and water as may be due as determined by the Authority and at the rate(s) fixed by it from time to time. Such charges shall be paid within the date(s) specified in the bill(s). The licensee shall have to provide his own meter(s) for the purpose, failing which licensee shall be billed on assessed consumption. In default of payment of said charges, the Authority may without prejudice to its other rights disconnect or cause to be disconnected the water and electricity to the said premises without any notice and the licensee shall not be entitled to any compensation whatsoever on account of any such disconnection. 4. That the licensee shall pay all rates, assessments, out goings and other taxes as leviable on the licensee in ‘Laws’.

5. That the licensee shall make payment of licence fee etc. by cheque/demand drafts drawn on local banks. No outstation cheque shall be accepted in payment of licence fee etc.

6. In the event of outstanding dues exceeds one month, the Authority may without prejudice to other right and remedies be entitled to charge penal interest @ 12% per annum on delayed payment for the first month and thereafter @ 18% per annum for maximum of two months thereafter. During this period, the licensee shall be issued notice for clearance of outstanding dues. If the licensee fails to clear the dues within the said period of two (2) months, the contract shall be terminated and the dues along with penal interest shall be adjusted from the Security Deposit, without grant of any extension whatsoever.

7. That the licensee shall deposit a sum of Rs. ______( Rupees ______) i.e. an amount equal to 06 (six) months licence fee as Security Deposit in the form of Demand Draft/ Bank Guarantee from a Nationalized/Scheduled Bank in favour of Airport Director, AAI, Bagdogra Airport. In the event of the licensee committing any breach of the terms & conditions of the licence agreement, the Authority may without prejudice to other rights and remedies be entitled to forfeit/adjust the total amount of Security Deposit or any part thereof. In such an event he shall pay in the same manner as stated above such additional sum immediately as he may be called upon by the Authority to pay, so that the Security Deposit shall at all times during the continuance of these presents, be for the same amount. On the expiration or earlier determination of the licence the Authority shall return the Security Deposit or part thereof which has not been forfeited as aforesaid, to him, without interest. 8. That the licensee shall deposit Rs. 10,000/- through DD as security deposit towards electricity charges..

9. That the licensee shall equip himself with all necessary permits, licenses and such other permissions as may be required under the law in force at any time with regard to the operation of the subject licence. 10. That the licensee shall maintain such regular and proper account books along with other supporting documents regarding sales effected by the licensee in the said premises and said accounts/documents shall all the times be kept open for inspection by Authority in such manner as may be prescribed. The licensee shall provide to the Authority, if so required by the Authority, Statements of audited Accounts in such manner and within such period as the authority may prescribe. Licensee shall be liable to share invoicing details live with AAI.

11. That the licensee shall have no right to object as and when the Authority decides to grant additional license for similar facility at the airport premises where the licensee is rendering such services. 12. That Authority shall provide bare space for the subject services and other expenses of any kind for establishment and rendering of the services shall be incurred by the Licensee. However, provisions of electricity, water and drainage connections, as the case may be, if so required, for the smooth operation of the services shall be provided by the Authority. 13. That all the times during the currency of the licence agreement, it shall be the responsibility of the licensee to obtain proper fire insurance coverage including theft and burglary in respect of all t he movable and immovable assets stored or used in the licensed premises and Authority shall not be responsible for any loss or damage caused to the licensee on any accounts whatsoever. 14. That licensee shall operate the subject facility by charging the rate from users, as may be approved in advance by the Authority. Licensee shall exhibit the said approved charges at a conspicuous place inside the licensed premises.

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15. That the Authority reserves to itself the right to change the location of the premises at any time and may at its discretion, call upon the licensee to vacate the site and may give him an alternative premises for the purpose of this licence. In such a case, the licensee shall be bound to vacate the premises immediately and accept the said alternate premises. The entire expenditure in such shifting shall be borne by him and the licensee shall not be entitled to claim any compensation or revision in the licence fee on that score. 16. That the licensee shall use the premises for the bonafide purpose as provided in the agreement, more particularly described in the enclosed schedule, for the use of all passengers and bonafide visitors to the Airport and officers of the Authority and the staff of various Airlines using the Airport and for no other purpose. 17. That the licensee shall not erect or display any advertisement or signboards except after obtaining the prior approval in writing of the Authority. 18. That the licensee shall not terminate the licence before the expiry of the period of the licence except by giving 120 days notice in writing, otherwise the licensee shall be liable to pay to the authority (without any demur or question) such amount of money as the authority may decide as due to it by the licensee. The licence can be terminated by the authority by giving 120 days notice in writing without assigning any reason thereto. 19. That in the event of any default, failure, negligence or breach, in the opinion of the authority on the part of the licensee in complying with all or any of the conditions of the licence agreement, the authority will be entitled and be at liberty to determine the licence forthwith and resume possession of the premises without payment of any compensation or damages and also forfeit in full or in part the amount deposited by the licensee for due performance of agreement. 20. That the licensee(s) undertake to pay the full amount of licence fee/dues regularly as per the award/agreement and perform all the covenants of the agreement even he/they have requested for appointment of Arbitrator and/or during the course of arbitral proceedings. 21. That the Authority and the licensee further agree that they are bound by the General Terms & Conditions found in Annexure- I annexed hereto. Moreover the Authority and the licensee are also bound by the all Terms & Condition of NIT, Special terms & conditions and Award letter.

SIGNED BY ______AIRPORT DIRECTOR, AIRPORTS AUTHORITY OF INDIA, BAGDOGRA AIRPORT, FOR AND ON BEHALF OF THE AIRPORTS AUTHORITY OF INDIA, IN THE PRESENCE OF:

WITNESS: (01)

(02)

SIGNED BY______FOR AND ON BEHALF OF ______IN THE PRESENCE OF:

WITNESS: (01)

(02)

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E-Tendering Guidelines to the Bidders.

CPPP under GePNIC, Help Desk Services

1. For any technical related queries please call the Helpdesk. The 24 x 7 Help Desk Number 0120- 4200462, 0120-4001002, 0120-4001005, and 0120-6277787. International Bidders are requested to prefix 91 as country code.

Note- Bidders are requested to kindly mention the URL of the Portal and Tender Id in the subject while emailing any issue along with the Contact details. For any issues/ clarifications relating the tender(s) published kindly contact the respective Tender Inviting Authority. Tel: 0120-4200462, 0120-4001002, 0120-4001005, 0120-6277787 E-Mail: [email protected]

2. For any Policy related matter / Clarifications Please contact Dept of Expenditure, Ministry of Finance.

E-Mail: [email protected]

3. For any Issues / Clarifications relating to the publishing and submission of AAI tender(s) a. In order to facilitate the Vendors / Bidders as well as internal users from AAI, Help desk services have been launched between 0800-2000 hours for the CPPP under GePNIC http://etenders.gov.in. The help desk services shall be available on all working days (Except Sunday and Gazetted Holiday) between 0800- 2000 hours and shall assist users on issues related to the use of Central Public Procurement Portal(CPPP). b. Before submitting queries, bidders are requested to follow the instructions given in “Guidelines to Bidders” and get their computer system configured according to the recommended settings as specified in the portal at “System Settings for CPPP”. 4. In case of any issues faced, the escalation matrix is as mentioned below:

Sl. Support Escalation Contact E-Mail Address Timings* No. Persons Matrix Numbers Help Desk Instant [email protected] 011- 0800-2000 Hrs. Team Support (MON - SAT) 1. 24632950, Ext-3512 (Six Lines) Sanjeev After 4 Hrs. [email protected] 011- 0930-1800 Hrs. 2. Kumar, of or [email protected] 24632950, (MON-FRI) Mgr.(IT) Issue Ext-3523 S. Nita, After 12 [email protected] 0930-1800 Hrs. 3. AGM(IT) Hrs. (MON-FRI)

General After 03 [email protected] 0930-1800 Hrs. 4. 011- Manager(IT) Days 24657900 (MON-FRI)

*The Helpdesk services shall remain closed on all Govt. Gazetted Holidays.

5. The above mentioned help desk numbers are intended only for queries related to the issues on e- procurement portal and help needed on the operation of the portal. For queries related to the tenders published on the portal, bidders are advised to contact concerned Bid Manager of AAI

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SPECIAL TERMS & CONDITIONS OF SNACKS BAR AT BAGDOGRA AIRPORT.

1. The total area is 11.16 sqm approx at first floor departure lounge. 2. The provisioning of F&B items should be affordable price to common visiting person,however no cooking will be allowed.

3. Tariff Rates: Intention of AAI is to provide quality services at a reasonable rate. The tenderer is expected to maintain tariff rates comparable to those prevailing in the town/city. Rate list should be submitted to AAI for record. The rates are to be displayed in the Said Shop. Packaged items are not to be sold above the printed Market Retail Price.

4. Mandatory: the licensee awarded the contract should display his name prominently. He should also display the franchisees approval in the premises. Further, display of any advertisement shall not be permitted in the earmarked area; however AAI reserved the right to display advertisement at any area.

5. The Said Shop is to be open for the period as directed by the Airport Director from time to time.

6. The Authority shall not responsible for any legal cases that arise due to health hazard on account of quality of product and other legal matters for quantity, price etc. sold by the tenderer. The sole responsibility shall be of the tenderer in any legal cases. Further AAI shall not responsible for any loss incurred due to Bond etc.

7. To keep the premises in a clean and tidy condition and open to inspection to the satisfaction of Chairman, AAI or his representative.

8. The selected tenderer shall have no claim for monopoly and the Authority shall be at liberty to permit/provide catering facilities at other areas in the terminal building or outside the Airport area as may be necessitated by demand or as so desired by the Authority.

9. To provide cooking utensils, furniture or similar article as Approved/Standard by AAI.

10. Any advertisement on the cutlery equipment or on the table is not permitted except with the specific approval of the airport-in-charge.

11. Appointment letter of the employee will be submitted to AAI for their PIC along with other documents as desire by BCAS.

12. Provident Fund number should be submitted to this office within 01 (one) month.

13. Penalties: The penalties will be imposed on violation of terms and conditions of agreement & NIT, as per the list given below:

Sl. No. Description of irregularities Penalty a. Un-clean premises and improper Rs.500/-per violation per day up to 07 days and housekeeping Rs. 1000/- per day thereafter. b. Non-issue of Receipt/Bill Rs.500/- per violation per day up to 07 days and Rs. 1000/- per day thereafter. c. Sale of additional items other than Rs.1000/- per violation permitted as per tender conditions d. Misbehavior by staff Rs. 1000/- per violation e. Over charging 10% of monthly licence fees Page 14 of 32

Note: The penalties shall be apart from any other actions applicable as per other statutory/security/regulations/laws/agreement.

14. The licensee must comply with all the statutory Laws such as PF and ESI as in force or will be in force and also should ensure compliance of Contract Labour provisions too.

15. Licensee shall pay all rates, assessments, outgoing & other taxes (Inclusive of Service Tax) whatsoever in respect of the facility licensed to them, as applicable from time to time. Violation of the provisions of laws as well as terms & conditions of licence will tantamount to the breach of contract which may invite legal action against the licensee.

16. The licensee shall physically verify and satisfy themselves about the condition of the premises. They shall quote on their own wisdom. No representation/claims in this regard will be entertained after taking over the premises.

17. In case any employee is found engaged in doing any other work which is not relevant to the scope of this license, his entry permit shall be confiscated and cancelled and the licensee shall dispense with his service forthwith and arrange replacement in his place immediately.

18. The counter should be open at least two hour before the first flight operation and the counter may be closed after completion of all flight operation. Non opening of counter will attack penalty.

19. The concessionaire has to ensure to curb use of plastic materials, i.e. not to use plastic cutlery plates carry bag etc. and to switch over to alternate means.

20. All the above guidelines will form part of the Contract Agreement.

(SIGNATURE OF LICENSEE) With Seal & Date.

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Annexure- I.

GENERAL TERMS & CONDITIONS

The Authority hereby covenants with licensee as follows:

1. The licensee, his servants and agents shall be entitled to use all ways, paths and passages as may from time to time be maintained on the said airport ground subject to such rules and regulations as may be imposed by the lawful authorities of the airport ground.

2. The licensee paying the licence fee and performing the covenants herein contained and on his part to be performed shall and may peacefully possess and enjoy the premises with use of the ways, paths and passages as aforesaid during the said term without any lawful interruption from or by the Authority or any person claiming under the Authority.

3. Any notice required to be served on the licensee under this Agreement shall be deemed to have been served if delivered at or sent by registered post to his last known address or to his authorized representative or agent Similarly, any notice to be given to the Authority under this agreement shall be deemed to have been served if delivered at or sent by registered post to the Authority who should invariably acknowledge the notice. a) The period of notice given under this agreement will count from the date of receipt of notice by either side.

4. Subject as herein before otherwise provided, all notices to be given on behalf of the authority and all other actions to be taken on behalf of the authority, may be given or taken on behalf of the authority by the Airport Director or by any other officer for the time being authorized by or entrusted with the functions, duties and powers of the said Airport Director, in respect of the airport under his charge.

5. (a) The Licensee shall not, unless with the written consent of the Authority, create a sub- contract of any description with regard to this licence or any part thereof, nor shall be without such written consent as aforesaid, assign or transfer his licence or any part thereof.

(b) The Licensee shall use the premises only for the purpose indicated in this Agreement and for no other purpose whatsoever.

6. The licensee his agents and servants shall observe, perform and comply with all rules and regulations of the Shop and Establishment Act, Factories Act, Industrial Disputes Act, Minimum Wages Act and the provisions of any statutory law applicable to the licensee including any rules and regulations made by the Authority, Civil Aviation Department or any other Department of Government and or local body or administration in force from time to time and to the business which the licensee is allowed to carry on under this Agreement and to the area in which the said premises are located. It is mandatory, other wise the contract can be terminated with in 07 days.

7. a) The licensee shall indemnify the Authority from/against any claims made or damages suffered by the authority by reason of any default on the part of the licensee in the due observance and performance of the provisions of any law which may be related to the purpose of this Agreement and to the area in which premises are located.

b) The Authority shall not be responsible in any way for loss or damage by any means causes to the licensee’s stock or property.

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8. The licensee shall at his own cost maintain the premises in a proper state of cleanliness and abide by such directions as may be given by the Authority and such other departments as may be entrusted by the rules and regulations with the works of inspection and enforcement about the conditions of sanitation, cleanliness and hygiene. If the premises is not maintained in reasonably clean condition by the licensee, Airport-In- charge shall have powers to get the premises cleaned at the risk & cost of the licensee and recover liquidated damages at the rate of Rs. 500/- per day for each default up to 7 days and thereafter Rs.1000/-per day and can take other actions including termination of the licence.

9. The licensee shall comply with the requirements of all standard health clauses including those given below:

a) The Airport Health Officer/Medical Officer of AAI or persons authorized by them may without notice, enter the premises any time and inspect the premises, materials, instruments and implements etc.used by the licensee. b) All the instructions given by the Airport Health Officer/Medical Health Officer of AAI or any persons authorized by them in the maintenance of public health of the Airport including sanitation control prevention of infectious diseases, control and prevention of nuisances from insects, rodents, or any other source, shall be carried out by them and his agent and servants. c) The licensee shall notify to the Airport Health Officer whenever any person working under him is suffering or suspected to be suffering or convalescing from any infectious disease. The Airport Health Officer may medically inspect the said person or any person who is suspected to have been in contact with the person and take any precautionary and preventive measures considered necessary. d) The Licensee his agents and servants shall not without consent of the Airport Health Officer, interfere with injure, destroy or render useless any work executed or any materials or things placed in, under or upon any land or building by or under the orders of the Airport Health Officer with the object of preventing the breeding or entry of mosquitoes or maintenance of sanitation. e) The licensee, his agents and servants shall not abuse the water sources, and drainage facilities in the airport area so as to create a nuisance or insanitary situation prejudicial to public health. f) In the event of any default, failure, negligence or breach in the opinion of the Authority, on the part of the licensee in complying with either of these conditions specified in the foregoing sub- clause (a) to (e), the Authority will be entitled and be at liberty to determine the licensee forthwith and resume a possession of the premises without payment of any compensation or damages and forfeit in full or in part the amount deposited by the licensee for due performance of the Agreement.

10. The licensee shall employ only such servants as shall have good character and as well behaved and skillful in their business. He shall furnish the Authority in writing with the names, parentage, age, residence and specimen signature or thumb impression of all servants whom he proposes to employ for the purpose of this Agreement before they are so employed and the Authority shall be at liberty to forbid the employment of any person whom it may consider undesirable. The servants employed by him shall be under the general discipline of the Authority and shall confirm to such directions as may be issued by the Authority in respect of points or routes of entry to and exit from the premises and in respect of the use of toilet and wash rooms. He shall also have the Character of all persons employed by him verified by the police to the satisfaction of the Authority, before the employment.

11. a) The licensee would be required to install adequate number (as may be decided by Fire Officer or any other authorized Officer of AAI depending upon the area of the licensed premises) of minimum a 2.5 Kg.CO2 fire extinguisher in the licensed premises at his cost before commencement of business.

b) No wooden partition/inflammable materials shall be permitted in the licensed premises. The material to be used for partition/fabrication of the shop/office premises shall be as per the specification given by AAI and to be got approved by AAI in advance. c) Licence shall not use a naked light or cause or permit any such light to be used in the licensed premises.

12. The licensee shall not damage the premises for any part of the Airport premises and in the event of any damage being caused to the same intentionally or otherwise, by the licensee, or his employees or invitees or customers, the Authority shall be entitled to repair the damage or make the requisite replacement and call Page 17 of 32

upon the licensee to replacement and call upon the licensee to reimburse cost thereof which the licensee undertakes to pay forthwith on demand.

13. The licensee shall not store or bring or keep in the premises heavy articles so as to injure or damage the premises or keep goods of combustible or inflammable nature unless required for executing the licence. 14. a) The licensee shall not use electrical heater, toaster and other allied appliances in the premises for preparation of tea, coffee and for heating of food etc.unless specifically provided under the agreement to perform contractual obligations. b) The licensee hereby agrees to provide necessary training to the employees posted in the licensed premises for handling fire extinguisher as provided in the terminal/licensed premises. The licensee will, during the continuance of this licence insure against any claim for workmen’s compensation or otherwise of all persons employed by him in connection with his business to be carried on as aforesaid with such insurance company as the Authority shall approve of and shall produce for inspection on demand by the Authority all policies in respect thereof and the receipts from time to time for current premium.

15. In the case of such breach of the terms of this licence as minor offenses and complaints coming to its notice for which in the opinion of the Authority this agreement need not be terminated, the Authority may at its discretion recover compensation from the licensee up to the limit of the security deposit of the licensee. The decision of the Authority in this respect will be final and binding on the licensee.

16. The licensee shall not hold or permit to behold any public or private auction in the licensed premises.

17. The Licensee shall sell articles in the premises at prices which shall be marked on the articles or on tags attached thereto and it shall not be in excess of the retail prices/fair prices fixed by the manufacturers or Government or any other local authority whichever is lower or controlled price in case such controlled price has been fixed by any authority and in all other cases, not exceeding the reasonable market rates for similar goods. The Authority can after giving reasonable opportunity to the Licensee to show cause, itself fix the price of any article or articles, if, in its opinion, the prices charged are unreasonable or exorbitant and there upon the Licensee shall sell only at the price so fixed by the Authority and he/she shall also be liable to refund to any customer any amount in excess paid by such customer for any articles in excess of the price so fixed

18. It shall be obligatory for the Licensee to keep in stock and in case they are intended for distribution, distribute the same and display, literature, produced and released by the Publication Division of Government of India and/or Tourism Department of the Central Government or of the State Government within whose jurisdiction the Airport is situated on such terms & conditions as may be fixed by the said Publications Division or said Tourist Department

19. The Licensee shall not stock, sell, display, exhibit for sale any books, magazines, newspapers or periodicals, statues, idols or other articles which are repugnant to morals or indecent and immoral, improper or otherwise objectionable in character, it being expressly agreed that the decision of the Authority shall be conclusive in this behalf and absolutely binding on the Licensee and shall not be subject to any dispute or review. Apart from any other legal/disciplinary action, the Licensee shall immediately remove such book, journal or articles from premises, if, as decided by the Authority it is objectionable in any manner to keep, exhibit or sell the same

20. The licensee shall maintain a complaint book in a prominent place in the premises and in such a way that it is easily accessible to any person who wishes to record any complaint and the said book shall be open for inspection fortnightly by the Airport Director of the Authority.

21. If because of any strike or lockout either in the Airport or in any airline, the licensee is unable to function or his business is affected, the Authority shall not be liable for any loss which the licensee may suffer in such an event. However, rebate in the licence fee due to ban on visitors entry at the airport and due to natural calamities and due to declaration of the closure of the airline operation/ total airport operation shall be granted as per the merit of the case and policy laid down by AAI from time to time.

22. In the event of the licensee being prohibited from selling one or more articles in the premises because of Government Laws/Rules/Regulations/Orders, the Authority shall not liable for any loss suffered by the licensee in such an event the licensees hall not be entitled to any reduction in the fees payable to the

Page 18 of 32

Authority or permission for sale of additional items.

23. The licensee shall deposit duplicate keys of the premises with the Authority whenever the Airport Director demands and permit the Authority to make use of the keys during the emergency. The licensee shall not remove or replace the lock on the outer door or change the locking devise on the said outer door of the shop.

24. The Authority does not recognize any Association of the Traders and in case any negotiation/bargain necessary with regard to the clarification of the Terms & Conditions of the licence or modification thereof such negotiations should be sought by the licensee alone and no collective representation/bargaining will be entertained.

25. On expiry of the licence period or on termination of the licence by the Authority on account of any breach on the part of the licensee, the licensee shall deliver the possession of the premises in good condition and in peaceful manner along with furniture, fittings, equipments and installations, if any, provided by the Authority. Further, licensee shall remove his/their goods and other materials from the premises immediately, failing which Authority reserve its right to remove such goods/materials at the cost & risk of the licensee and demand payment for such removal. If such payment is not made within 10 days, Authority shall be at liberty to dispose off the goods/materials of the licensee by public auction to recover the cost. The licensee shall not be entitled to raise any objection in such an eventuality.

26. The licence herewith granted shall not be construed in any way as giving or creating any other right or interest in the said space/building(s)/land/garden/tank/premises to or in favour of the licensee but shall be construed to be only as a licence in terms & conditions herein contained. 27. The Authority, its servants and agents shall at all times have the absolute right of entry into the said premises.

28. The provision of the public premises (Eviction of Unauthorized Occupants) Act,1971 and the rules framed there under which are now in force or which may hereafter come into force shall be applicable for all matters provided in the said Act.

29. All disputes and differences arising out of or in any way touching or concerning this Agreement (except those the decision whereof is otherwise herein before expressly provided for or to which the public premises [ Eviction of Unauthorized Occupants] Act and the rules framed there under which are now enforced or which may hereafter come into force are applicable), shall, in the first instance, be referred to a Dispute Resolution Committee(DRC) setup at the airports, for which a written application should be obtained from the party and the points clearly spelt out. In case the dispute is not resolved within 45 days of reference, then the case shall be referred to sole arbitration of a person to be appointed by the Chairman/Member of the Authority. The award of the arbitrator so appointed shall be final and binding on the parties. The Arbitration & Conciliation Act 1996 shall be applicable. Once the arbitration clause has been invoked, the DRC process will cease to be operative.

It will be no bar that the Arbitrator appointed as aforesaid is or has been an employee of the Authority and the appointment of the Arbitrator will not be challenged; or be open to question in any Court of Law, on this account.

30. In case of any dispute where legal action is compelled to be initiated by any of the party, jurisdiction of the court shall be the city/town/district where the airport is located.

31. Exit clause in Contracts: Types of termination and conditions are given below:

a) Normal Termination: The contract will deem to be terminated on the last date as given in the agreement provided that extension or renewal is approved by the competent authority on or before the last date and communicated to the party in writing and duly accepted. The liability of the party will continue to be payable along with the delayed interest (at the rate mentioned in the contract) till the same is settled. The contractor cannot claim the dues to be time barred or ultra virus even if after the contract is deemed to have terminated by operation of this clause.

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b) Termination for cause: If the party or AAI has invoked the internal dispute resolution clause (as per which the dispute referred to the DRC is to be completed within a period of 45 days) and the same remains unresolved after the specified time period, it will be deemed that the notice period for the termination has commenced from the next date within which the dispute should have been resolved. No extra notice need be served by either party and the contract will terminate after the expiry of the notice period. If such termination happens to fall within 50% of the contract period then the party is liable to pay AAI the value of licence fee equal to the amount of current license fee for the six months as demurrage charges. The agreement should also provide for invocation of arbitration clause only after the internal dispute mechanism has been exhausted. However, the notice for termination will deem to have commenced irrespective of the arbitration proceedings.

c) Termination for convenience: Either party, AAI on one part and the contractor on the other part can serve the notice for termination by giving the requisite notice period. The notice by AAI to be served only after obtaining the approval of the acceptance authority. Similarly the notice given by the party should be approved by the acceptance authority. However the date on which notice was received at AAI will be the commencement of the notice period and the administrative time required for the approval will not be added. If the party has served the notice, then the party is liable to pay demurrage charge. The demurrage charge will be equal to the amount of six months current licence fee if the termination occurs before the 50% period of the original contract. The period of 6 months will be reduced to 4 months if the contract period served exceeds the 50% period but is less then 75%. If the period served exceeds 75% and the period remaining is more than the required notice period for normal termination the demurrage will be equivalent to 3 months licence fee.

d) Termination for regulatory/legislative or supervisory requirements.

If any provision of law or legislation of India makes it mandatory to stop/prohibits the continuation of any contract at any particular location or otherwise then it will deemed to be closed from the date of such enactment. No compensation is payable by AAI.

Penalty for unauthorized occupancy: Exponential Penalty on licensees @ double the license fee/per month in the form of damage charges can be imposed on licensees unauthorized occupying the premises after expiry of contract period.

32. Dispute resolution Committee/Arbitration Clause. Constitution of DRC

a) Standing dispute resolution committee should be set up at the airport, regions and CHQ. b) At the airports with Airport Director in the rank of Executive Directors the committee will consist of in charge commercial department (will function as member secretary) and in charge of finance. c) At the regions in charge of commercial (member secretary), in charge of finance and one representative to be nominated by RED. d) At airport with Airport Director of the rank of GM/Jt. GM/DGM the in charge of commercial (member secretary), in charge of finance and one representative to be nominated by APC. e) At CHQ the cases to be approved by ED commercial will be recommended by a committee consisting of GM (Commercial), GM (Finance) and GM (Law). f) For cases to be approved by Member or CAB or Chairman then the committee will consist of ED (Commercial), Ed (Finance) and HOD of Law section in CHQ.

33. Role and responsibility of the DRC. i. a. The committee should give clear recommendations within 15 days of the reference of the case. b. The commercial department concerned will prepare the gist of the case and put up to the committee. A written application should be obtained from the party and the points should be clearly spelt out. c. The party should be given an opportunity to present his/their views in person in addition to the written statement. d. The recommendations of the committee will be put up to the tender accepting authority for a decision. e. The whole process should be completed within 30 days of reference. f. The officer concerned working as member secretary for this committee should maintain all the details of the progress and should ensure the completion of the process within the stipulated time period.

Page 20 of 32 ii) Status The dues referred to the committee will be treated as disputed. However the status will remain disputed till the settlement or 45 days from the date of reference whichever is earlier. a) In case the dispute is not resolved within 45 days of the reference then the arbitration clause can be invoked by both the parties. b) On completion of 45 days from the date of reference the DRC process will cease to be operative. c) However Chairman will have full powers to extend the period specified above. d) Once the arbitration clause has been invoked the DRC process will cease to be operative. iii) Arbitration Clause. (a) All disputes and differences arising out of or in any way touching or concerning this Agreement (except those the decision whereof is otherwise herein before expressly provided for or to which the Public Premises [Eviction of Unauthorized Occupants] Act and the rules framed thereunder which are now enforced or which may hereafter come into force are applicable), shall in the first instance, be referred to a Dispute Resolution Committee (DRC) setup at the airport, for which a written application should be obtained form the party and the points clearly spelt out. In case the dispute is not resolved within 45 days of reference, then the case shall be referred to the sole arbitration of a person to be appointed by the Chairman/Member of the Authority. The award of the Arbitrator so appointed shall be final and binding on both the parties. The Arbitration and Conciliation Act 1996 shall be applicable. Once the arbitration clause has been invoked, the DRC process will cease to be operative. It will be no bar if the Arbitrator appointed as aforesaid is or has been an employee of the Authority and the appointment of the Arbitrator will not be challenged or be open to question in any Court of Law, on this account. Acceptance or challenging arbitration award by CHQ shall be done after obtaining the views/recommendations of the concerned RED/APD (Chennai and Kolkata) in consultation with Law Department. (b) The Arbitration case shall be referred to the Sole Arbitrator by the Chairman/Member of the Authority subject to the condition that the licensee shall have to deposit the disputed amount with AAI as condition precedent before making reference to the Arbitration for adjudication of dispute. (c) Before making a reference to Dispute Resolution Committee, the licensee will have to first deposit the disputed amount with AAI and the consent shall have to be obtained from the licensee for acceptance of the recommendations of the Dispute Resolution Committee. (d) During the arbitral and dispute Resolution proceedings, the licensee(s) shall continue to pay the full amount of licence fee/dues regularly as per the award/agreement and perform all covenants of the agreements. (e) That the licensee(s) undertake to pay the full amount of licence fee/dues regularly as per the award/agreement and perform all the covenants of the agreement even he/they have requested for appointment of Arbitrator and/or during the course of arbitral proceedings. (f) Airport Director of Bagdogra Airport is the Eviction Officer as per AAI Act, there will not be any requirement for appointment of Estate Officer under the PPE Act. Airport Director will take necessary action for dealing with unauthorized occupants of AAI establishments falling under Airport Director’s jurisdiction.

34. To keep the premises in a clean and tidy condition and open to inspection to the satisfaction of Chairman, AAI or his representative.

35. The Licensee should pay the salary to their staff as per minimum wage act (Govt. of India).

36. Appointment letter of the employee will be submitted to AAI for their PIC along with other documents as desire by BCAS.

38. The licensee must comply with all the statutory Laws such as PF and ESI as in force or will be in force and also should ensure compliance of Contract Labour provisions too.

39. Licensee shall pay all rates, assessments, outgoing & other taxes (Inclusive of GST) whatsoever in respect of the facility licensed to them, as applicable from time to time. Violation of the provisions of laws as well as terms & conditions of licence will tantamount to the breach of contract which may invite legal action against the licensee. Page 21 of 32

40. The licensee shall physically verify and satisfy themselves about the condition of the premises. They shall quote on their own wisdom. No representation/claims in this regard will be entertained after taking over the premises.

41. In case any employee is found engaged in doing any other work which is not relevant to the scope of this license, his entry permit shall be confiscated and cancelled and the licensee shall dispense with his service forthwith and arrange replacement in his place immediately.

42. As per the BCAS , AVSEC Circular No – 16/2009, For Security/Entry Pass for Legitimate function all Auxiliary Service provider have to be Security cleared by concerned Regional Director (BCAS) and the basis of local police verification reports of the firm and their owners intimation to BCAS headquarters. For further Clarification contact (Chief Security Officer) Office before commencement of contract

43. All the above guidelines will form part of the Contract Agreement.

(SIGNATURE OF LICENSEE WITH SEAL)

ADDRESS OF THE LICENSEE: ______

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ANNEXURE- II.

SCHEDULE OF PREMISES.

1. Location: first floor Departure Waiting Hall.

2. 11.16 sqm open space will be given to the Licensee.

3. Purpose: Snacks Bar Counter at Bagdogra Airport.

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ANNEXURE- III.

ACCEPTANCE LETTER

To The Airport Director, Airports Authority of India, C. A., Bagdogra Airport.

Sir, ACCEPTANCE OF AAI’S TENDER CONDITIONS.

The tender documents for the facility Snacks Bar have been provided to me/us by Airports Authority of India and I/We have inspected the sites and read the entire terms and conditions of the tender documents made available to me/us. Which shall form part of the contract agreement and I/We shall abide by the conditions/clauses contained therein.

1. I/We hereby unconditionally accept the tender conditions of AAI’s tender documents in its entirety for the above facility.

2. The contents of clause 12 of Notice Inviting Tender of the Tender Documents have been noted wherein it is clarified that AAI reserves the rights to reject the conditional tenders without assigning any reason thereto.

3. I/We declare that I/We have not paid and will not pay any bribe to any officer of AAI for awarding this contract at any stage during its execution or at the time of payment of bills and further if any officer of AAI asks for bribe/gratification, I/We will immediately report it to the appropriate authority in AAI.

4. The required earnest money for this facility is enclosed herewith.

Thanking you,

Yours Faithfully,

(Signature of the Tenderer) With rubber stamp.

Date: ______

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ANNEXURE- IV.

List of near relatives employed in AAI & Shall be submitted in technical bid

Sl. No. Name Designation Relationship with Place of Posting. tenderer(s) A B C D E F G

SIGNATURE OF TENDERER

NB:

1. In case of NIL report Performa must be filled with NIL report and submitted duly signed.

2. In case the above space is not adequate, the details (A to G) on additional sheets duly signed may be attached.

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ANNEXURE- V.

DECLARATION I ______,do hereby solemnly affirm and state as follows:- 1. I/We are having/had the following contracts at Airports/Offices controlled by Airports Authority of India: Contract Details of Airport Facility/ Dues (disputed Sl. No. Period Security Name Contract & undisputed) (From – To) Deposit 1. 2. (In case of no contracts in AAI controlled Airports, indicate NIL)

SIGNATURE OF TENDERER With rubber stamp.

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ANNEXURE-VI

(To be submitted by the bidder on the letter head of the company along with tender application)

UNDERTAKING

I/We ……………………………………………………………..(name of the authorized signatory), the ………………………………………………(designation/capacity) of… ...... …………………(name and address of the company) do hereby undertake that in case our company/consortium emerges as H-1 bidder in the present tender process and any dues are found outstanding against the above named company and/or its subsidiary/associate company(ies) ……………………………………………………….. (name of the subsidiary/associate company) which are not under any dispute, my/our company shall clear all such dues before award of the licence.

Signature:-…………………………….. Name:-………………………………….. Designation/capacity:-…………………………. Address:- …………………………………………. ………………………………………………… …………. ………………………………………………… ………… Contact No:- ………………………………………

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ANNEXURE-VII

FORMAT OF OUTSTANDING DUES CERTIFICATE

1. Name of Concession/Licence : 2. Agreement No. & Date (if applicable) : 3. Date of commencement : 4. Date of Completion/termination : 5. Amount of Outstanding Dues (Disputed : Un-disputed amounts to be shown separately) :

Item Dispute Amount Un-disputed Amount Remarks (in Rupees) (in Rupees) Licence/concession Fee Space rent Utility Charges Interest Any other item

Total

6. Amount of SD available with validity period :

SI. No. Nature of Security Amount Valid upto Form of SD i.e. deposit held by AAI (in Rupees) BG or cash 01. Security Deposit held by AAI in accordance with the Contract Terms 02. Security Deposit held by AAI against Disputed Dues referred to Conciliation/Arbitration 03. Any other Security Deposit held by AAI Total

7. Details of any arbitration/litigation/court cases etc.

Signature of Authorized Signatory Name: Designation: Airport:

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ANNEXURE- VIII.

For successful bidder only

(Letter of understanding from the Depositor to Bank to be submitted along with Bank Guarantee to Airports Authority of India.)

The Branch Manager,

...... Bank,

......

Sub.: My / Our Bank Guarantee No...... dated……………………for Rs...... Issued in favour of Airports Authority of India A/c ......

Sir, The subject Bank Guarantee is obtained from your branch for the purpose for the purpose of Security / Earnest Money on account of contract awarded / to be awarded by M/s AAI to me / us. I hereby authorize the Airports Authority of India in whose favour the deposit is made to encash / close the subject Bank Guarantee before maturity / on maturity towards adjustment of dues without any reference / consent / notice from me / our side and the bank is fully discharged by making the payment to Airports Authority of India.

Signature of the Depositor Place:

Date:

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Format of Bank Guarantee

(To be executed on Non-Judicial Stamp Paper of Rs.100/- by the successful bidder)

WHEREAS by a Licence Agreement dated……………………… made between AIRPORTS AUTHORITY OF INDIA, the Licensor (hereinafter called “ the AUTHORITY) of the one part and …………………………………(hereinafter referred to as” the Licensee”) of the other part, the Authority has granted to the Licensee the Licence for…………………………………………………………………….at……………………….Airport, ………………………………….(Name of City) and the Licence Fee and Royalty and other charges and for the due and performance of the covenants and conditions as stated or contained in the said Licence Agreement.

1. Now therefore in consideration of the promises aforesaid and the at the request of the Licensee we, …………………………………………….do, hereby irrevocably and unconditionally undertake to pay to you, the Authority on demand and without demur or protest and without reference to the Licensee, any sums of money at any time or from time to time demanded by the Authority on account of the Licence Fee and Royalty and other charges due from the Licensee (inclusive of any costs or expenses and interest) and/ or by way of losses and damages caused or that would be caused to the Authority by reason of any breach by the Licensee of any of the terms or conditions of the said Licence Agreement and AAI shall be sole judge for this demand: PROVIDED that our liability under this Guarantee shall be limited to a sum of (Rupees……………………………./) and extended for the amount increased from time to time as aforesaid. 2. Notwithstanding any right the Licensee may have against the Authority or any dispute raised by the Licensee or any suit or proceedings pending in any court/Tribunal/ any statutory authorities relating thereto or before any Arbitrator(s), your written demand stating that the amount is due to the Authority as stated herein above shall be conclusive evidence to us that the amount demanded by you, the Authority, is payable under the terms of the said Licence Agreement without consent or knowledge of the licensee. 3. We shall not be discharged or release from the aforesaid undertaking and guarantee by any variation(s) or any of the terms & conditions of the said Licence Agreement made between the Authority and the Licensee and or any act of omission on part of AAI or any indulgence to the Licensee by the Authority or any forbearance whether as to payment, time performance or otherwise or to enforce any of the terms and conditions of the said Licence Agreement without our consent and Knowledge. 4. This Guarantee shall be a continuing guarantee during its currency and binding on us and our successors and assignee(s) and shall not be discharged or affected by any change in the constitution of ………………………….or that of the Licensee or the Authority. 5. This Guarantee shall be valid till………………………………. And you have the right to encash this Guarantee upto……………………………….. from the said date unless extended on demand by AAI.

NOTWITHSTANDING anything contained herein:

i. Our liability under this Guarantee shall not exceed Rs. ……………………….. (Rupees……………………………………) during the currency of the contract and three (3) months thereafter. ii. This bank guarantee shall be valid upto ……………………..and you have the right to encash this guarantee upto ninety (90) days from the said date.

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iii. We are liable to pay the guarantee amount or any part thereof under this bank Guarantee amount or any part thereof under this bank guarantee only and if you serve upon as a written claim or demand on or before ………………….. iv. All claims under the guarantee will be payable at ………………………….. v. The Bank Guarantee confirmation letter No………………………………is an integral part of the BG No…………………………………dated……………..

For Bank Name Dated: Place:

Witnesses:

AAI

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LOCATION PLAN

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