Airports Authority of India L. B. S.I Airport, Babatpur Varanasi Tender Document

AIRPORTS AUTHORITY OF INDIA

L. B. S.I AIRPORT, BABATPUR VARANASI

TENDER DOCUMENT

FOR

Tender No: AAI/VNS/ATM /MISC. ITEMS/2016-17

Name of work: Supply of miscellaneous items for toilet block in New Terminal Building at LBSI Airport Varanasi.

Estimated Cost: - Rs. 14.47lacs Cost of tender document: Rs 1200/- (including all service taxes) (Non-refundable) Prepared by

(Varun Pratap Singh) Manager (CNS/ATM)

Checked by Verified by

(S.S. Yadav) (K.K. Senapati) SM(CNS/Store) AGM(F/A) Approved by

(Jeremiah E. Sugumar) AGM(Engg-Civil)/ATM 1 Table of Content

NAME OF WORK: Supply of miscellaneous items for toilet block in New Terminal Building at LBSI Airport Varanasi.

S. No. Section Particulars Page

1 Cover page, index COVER PAGE & INDEX 1-2

3 NIT NOTICE INVITING TENDER (AAI WEBSITE) 3 - 6

4 Instruction INSTRUCTIONS TO BIDDER 7 -11

5 Section A TENDER REQUIREMENTS 12 - 21

6 Section B TECHNICAL SPECIFICATION 22

7 Section C SCHEDULE OF QUANTITY 23

8 Section D UNCONDITIONAL ACCEPTANCE 24

PROFORMA FOR PERFORMANCE BANK 9 ANNEXURE-I 25-26 GUARANTEE

10 Annexure-II AGREEMENT FORM 27-29

This tender document contains page P-1 to P-29 as detailed above.

Signature of Bidder/Supplier With Seal

2 NOTICE INVITING E-TENDER

(eBid no. 1000019450)

E- Tenders are invited under two Bid system through AAI e-portal by the AGM (E-C)/ATM, Airports Authority of India, L.B.S.I. Airport, Babatpur, Varanasi-221006, UP, from Reputed Firms/manufacturers/authorized dealers of manufacturers only for the work “Supply of miscellaneous items for toilet block in New Terminal Building at LBSI Airport Varanasi.”

SN Name of work Estimated EMD Rs. Completion Cost of tender period cost Rs

1 Supply of miscellaneous items Rs. 14.47 lacs Rs. 28,940.00 02 months 1200/-(One (Inclusive of thousand two for toilet block in New hundred only) all taxes) Terminal Building at LBSI Including service

Tax. Airport Varanasi.

The Tendering process is online at E- Portal URL

Address https://etender.aai.aero/irj/portal OR www.aai.aero

1. The should have Permanent Account Number (PAN). bidders

2. The should have VAT Registration. bidders

3. Authorized dealership certificate.

4. The tender shall be in prescribed Performa. Separate Performa shall not be accepted.

The tender documents can be downloaded from AAI‟s above website https://etender.aai.aero/irj/portal OR www.aai.aero

Vendors Shall be required to submit the EMD online only through AAI E-Tender portal

EMD of the value of Rs. 28940.00 (Twenty eight thousand nine hundred forty only)shall be accepted online only /-use the net banking/RTGS through the AAI E-Tender portal. Vendors shall Card/Debit Card through /Credit AAI E-Tender portal. HDFC gateway integrated for the purpose with the

Note: EMD in the form of cash/Demand Draft or any other form shall not be accepted. Vendors shall also note that they are not required to contact any AAI employee or submit any documentary evidence of submission of EMD via Bank Transfer in the form of RTGS/NEFT to any AAI employee during the process of the tender. In no scenario the vendors are required to submit/contact any AAI employee for physical submission of any documents before opening of the Bids.

3 The tenders of the bidders who fail to submit the EMD before the stipulated time shall be rejected.

Refund of EMD

EMD of unsuccessful bidders received through shall be refunded online through the same mode (BT) only and it shall be refunded in the bank Account whose details are provided on the portal at the time of submission of the tender. The refund of EMD to bidders who fail to qualify the eligibility/ technical stage shall be initiated automatically within 7 days of their rejection. For all bidders whose financial bids are opened the refund of EMD except for L1 bidder shall be processed within 7 days of opening of the financial bid

Last date for sale of Tender document is up to 1730 Hrs on 30.11.2016 and last date of online submission of E-bid ( Technical Bid and Financial Bid) is up to 1730 Hrs on 02.12.2016.

Following Bids shall be submitted through online at e-portal by the bidder:

Technical Bid:

1 ) Bidder shall upload digitally signed copy of Tender document. 2) PAN 3 ) TIN 4 ) Unconditional acceptance.

5) Work experience certificate (Phase/part completion of the scope of work in a contract shall not be considered) at least three works, each of 40% of the estimated cost) - or two works, each of 50% of the estimated cost or one work of 80% of the estimated cost of similar nature (as per schedule of quantity; supply made to airports, corporate offices, cyber city, MNC building, star bazaar, shopping malls, metro rails, railway etc.) of work during the last seven years ending on 30.11.2016.

Client certificate for experience should show the nature of work done, date of completion as per agreement & actual date of completion of work, completion cost of the work, satisfactory completion of the work. Firms showing work experience certificate from Non Government / Non PSU organization should submit “Tax Deduction at Source Certificate” in support of their claim for having experience of stipulated value of works.

6) The Bidder should have annualized average financial turnover of 30% of the st estimated cost) during the last three years ending 31 March 2016.

Authorization Tender fee Rs. 1200/-(Non refundable) is required to be paid online by net banking/RTGS/Credit Card/Debit Card through HDFC gateway, provided at the portal itself.

Technical Bid shall be opened on 05.12.2016 at 1530 HRS.

4 Financial Bid :

The Financial bid of the Bidder found to be eligible in Technical Bid shall be opened on (Date and time will be informed to eligible bidders).

Clarification needed if any may be sent through E-Tendering portal only.

AAI reserves the right to accept or reject any or all application without assigning any reason. AAI also reserves the right to call off the E-Tender process at any stage without assigning any reason.

AAI reserves the right to disallow issue of tender document to working agencies whose performance at ongoing project(s) or works below par and unusually poor. If at any stage, any information / documents submitted by the applicant is found to be false, the agency shall be liable for debarment from tendering in AAI, apart from any other appropriate / legal action.

Consortium / Joint Venture Companies shall not be permitted for tendering for the work. No

single firm shall be permitted to submit two separate applications.

If the entity participating in any of the tender is a private or public limited company, partnership firm or sole proprietor and any of 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.

Bidder are also requested to get acquainted themselves with e-Tendering participation requirements at “Guidelines FOR Bidders” and register themselves at AAI e- Tendering portal to obtain “User ID & Password” and go through the „Self help files‟ available in the Home page after logging in to the portal https://etender.aai.aero/irj/portal or www.aai.aero.

They should also obtain digital signature certificate (DSC) in parallel which is essentially required for submission of their application.

Asst General Manager (Engg-Civil)/ATM

L.B.S.I. Airport, Varanasi, U.P

Contact No.: 09648843300

6 ANNEXURE A

INSTRUCTIONS TO BIDDER

1. The tender document consists of four sections. The bidder shall go through all these sections :-

SECTION A: Tender Requirement

SECTION B: General Technical Specification

SECTION C: Price Schedule

SECTION D : Unconditional Acceptance Letter

And shall comply with each clause of all the four sections.

2. Bidders willing to participate may download the digitally signed tender document on-line from AAI‟s e-Procurement portal at http://etender.aai.aero/irj/portal and submit digitally signed tender document on-line at the same portal.

3. The instructions in the tender document are binding on the bidder and submission of the tender shall imply unconditional acceptance of all the terms and conditions by the bidder.

Schedule of Important Activities Activity Date & Time

Last Date & time for sale of e-tender 30.11.2016, 1730HRS

Last Date & time of submission 02.12.2016, 1730HRS

Date & time of Opening of Technical bids 05.12.2016,1530HRS

Date & time of Opening of financial bid SHALL BE NOTIFIED

4. Amendment to Tender document

4.1 At any time, prior to scheduled date of submission of bids, AAI if it deems appropriate to revise any part of this tender or to issue additional data to clarify and interpretation of provisions of this tender, it may issue addendum / corrigendum to this tender. Any such addendum / corrigendum shall be deemed to be incorporated by this reference into this

7 tender and binding on the bidders. Addendum / corrigendum will be notified through AAI‟s e-Procurement portal at http://etender.aai.aero/irj/portal.

5. Clarifications of Bid Documents

5.1 Bidder, requiring any clarification of the tender Document, may submit their clarifications, if any, through provision of AAI‟s e-Procurement Portal at http://etender.aai.aero/irj/portal. Request for clarifications received from bidders shall be responded by AAI till the schedule indicated in para 3 above or as extended thereto by AAI.

Replies to Clarifications by AAI will be uploaded through AAI‟s e-Procurement Portal. The bidders

are advised to visit AAI‟s e-Procurement portal at http://etender.aai.aero/irj/portal regularly.

• Clarifications and other documents, if and when issued by AAI, shall be in relation to the tender and hence shall be treated as their extension.

• AAI makes no representation or warranty as to the completeness or accuracy of any response, nor does AAI undertake to answer all the queries that have been posted by the Bidders.

• In order to provide reasonable time to bidders to take the amendments into account for preparing their bids, AAI may, at its discretion, extend the deadline for the submission of bids suitably.

6. Composition of Bids and General Guidelines for bid process

6.1 Bidders shall submit their bids as per scheduled date & time through AAI‟s e-Procurement portal at http://etender.aai.aero/irj/portal only. AAI‟s e-Procurement system shall not allow bidders to submit

their tender, after the scheduled date & time. Bidders shall submit tender before the deadline specified in Para.3 of this tender document. The Technical bids and the Financial bids will be opened online by AAI at the time and date as scheduled for the same. All the Statements, documents,

certificates etc., uploaded by the bidders shall be downloaded and verified for technical evaluation. The clarifications, particulars, if any, required from the bidders, will be obtained through query provision available in AAI‟s e-Procurement portal. The result of Technical bid & Financial bid evaluations shall be displayed on AAI‟s e-Procurement portal and shall be visible to all the bidders who

participated in this Tender.

6.2 On-line E-Tendering General Guidelines

System shall not permit upload of bids after the scheduled time of submission.

I. The bidder may correct, modify or withdraw his bid after submission but prior to scheduled last date & time of submission of Technical and Price bids.

II. Subject to Clause “ii” above, no bid shall be modified subsequent to the schedule time of submission of bids.

7. E-Tendering Participation Requirements : Vendors are required to carry out the following activities:

7.1. Registration: Registration shall be on AAI‟s e-Procurement Portal free of cost, at http://etender.aai.aero/irj/portal.

7.2. Login id: Bidder shall click „Apply for Access Authentication‟ and fill in details. On saving the details, a password for the registered bidder shall be generated by the system and the password shall be sent to the bidder‟s e-mail id which was filled in during registration. On receipt of email, the login id is ready with the bidder to proceed further.

7.3. General guidelines for bidders : General guide lines for bidders to proceed further in the tender process are available in the AAI‟s e-procurement portal under Self Help Files Tab. Bidders shall go through the guidelines before submitting their bids on-line.

7.4. Digital Certificate: Bidder shall have a legally valid class III digital certificate as per Indian IT Act, 2000, from the licensed Certifying Authorities, operating under the Root Certifying Authority of India (RCAI), Controller of Certifying Authorities (CCA) of India (Please see www.cca.gov.in).

Licensed CA's in India are: a) Safe Scrypt b) NIC c) IDRBT d) TCS e) Mtnl Trustline f) GNFC g) e-MudhraCA

7.5. On-line E-Tendering: For all AAI tenders hosted on AAI e-procurement site, the TECHNICAL BID AND FINANCIAL BIDS SHALL BE SUBMITTED ON-LINE ONLY.

On-Line Training & technical assistance for interested bidders shall be available as follows:

7.6. Bidder’s training support system: Detailed information in this regard have been provided to the bidders at AAI‟s e-Procurement Portal under the Self Help Tab. Training support system for

registered bidders is given inside the portal and visible to the registered bidders only.

1. COMPLIANCE

The Bidder shall comply with all the terms and conditions of this document.

2. VALIDITY OF TENDER

The tender will remain valid for a period of 90 days from the date of closing of the Tender. The Bidder shall ensure that the prices quoted are valid up to this period for acceptance.

3. ADDRESSING

Tender enquiries, if any, regarding clarification/interpretation in connection with this tender should be addressed to: AGM(Engg-Civil)/ATM Airports Authority of India L.B.S. I. Airport Babatpur, Varanasi

Correspondence from any firm/party other than Bidder will not be acceptable. Clarification/interpretation issued in writing by the AGM(E-C)-I or as stated herein, shall only be recognized and no other interpretations of the tender shall be acceptable.

4. LANGUAGE

The Bidder shall quote the rates in international numerals. The rate shall be in whole numbers. A Bidder should quote the rates in figures. The amount for each item should be worked out and the requisite totals given, special care shall be taken to write rates in figures and the amounts in figure only in such a way that interpolation is not possible. The total amount shall be written in figures.

10 5. MODE OF SUBMISSION OF TENDER FORM

The Tendering process is online at E- Portal URL

Address https://etender.aai.aero/irj/portal or www.aai.aero

6. REJECTION & RETURN OF TENDER:

Airports Authority of India reserves the right to reject any or part of tender without assigning any reason. The documentation submitted by Bidder shall not be returned unless the Bidder explicitly states this request at the time of submission of his tender that tender documentation be returned. AAI also reserves the right at its sole discretion not to award any order under the tender call. This decision neither commit AAI to pay any cost or loss incurred in the preparation and submission of any requisite tender or technical proposal nor to procure contract for any of the items described herein.

If the Bidder deliberately gives wrong information in his Tender and/or deviates from its terms quoted in tender, AAI reserves the right to reject such tender at any stage or to cancel the contract (if awarded) and to forfeit the EMD.

Canvassing in any form in connection with the tenders is strictly prohibited.

Bidder who resorts to canvassing, will invite rejection of his tender.

The requirements indicated in this NIT are the minimum and bids of the firms not

complying with these minimum requirements or having deviations equivalents to the

minimum requirements shall be rejected. However, higher than the minimum

requirements shall be technically acceptable without any additional financial

implication.

Should a Bidder have a relation or relations employed in the capacity of an official

of AAI, the Authority inviting tender shall be informed of the fact along with the

official, failing which AAI, at its sole discretion may reject the tender or cancel the

contract.

7. LATE BIDS

Any tender received after the deadline for submission of tender prescribed shall not be opened.

8. AWARD OF CONTRACT

a- The AWARD OF CONTRACT will be intimated by AAI either by Email/ Fax/Telephone or by letter or like means.

b- The firm must forward the letter of acceptance of the supply order by means of Fax/Speed Post to this office within ten (10) days from the date of issue of the supply order.

c- AAI shall be the sole judge in the matter of award of contract and the decision of AAI shall be final and binding

d- The AGM(E-C)/ATM, AAI, Varanasi has the right to postpone the date of opening the tender or cancel it at any point of time, without assigning any reason.

SECTION A: TENDER REQUIREMENTS

A.1 PURPOSE AND SCOPE

A.1.1This document sets out the operational and qualitative requirements to be met for Supply of miscellaneous items for toilet block in New Terminal Building at LBSI Airport Varanasi.

A.1.2 This tender document includes details like quantity, delivery and support services for maintenance, etc. in respect of delivery and Misc items purchased.

A.1.3 The Bidder shall assume complete responsibility for performance of the Misc. items and other parts(if any) to satisfy all requirements as described in the document.

A.1.4 The requirements given in this document are firm and no deviation of any kind is acceptable.

A.2 DELIVERY

A.2.1 The total number of items to be delivered as mentioned in Section C (Pricing Schedule). The items will be delivered at the O/o AGM(E-C)/ATM, L.B.S.I. Airport AAI Babatpur, Varanasi.

A.2.2 DELIVERY SCHEDULE

Delivery of ordered quantity should be completed within two months from the date of issue of supply order.

A.3 VALIDITY OF TENDER/OFFER

The tender shall be valid for a minimum of 90 days from the date of closing of the tender. The Bidder shall not be entitled during the said period of 90 days without the consent in writing of AAI, to revoke or cancel the offer or to vary any term thereof. If Bidder fails to keep the tender open as aforesaid or make any modifications in the terms and conditions of the tender which are not acceptable to AAI, AAI shall, without prejudice to any other right or remedy be at liberty to forfeit the fully said earnest money absolutely.

12 SECTION A: TENDER REQUIREMENTS

A.4 TIME

A.4.1 THE ESSENCE OF CONTRACT

The time taken to supply and to make the items pass the installation in the supplier’s proposal and as agreed contractually after modifications, if any, shall be final and binding upon the supplier. It must be understood that the Bidder has made the proposal after fully considering all such resources and factors, which may have any bearing on the time schedule of the contract and no extension other than FORCE MAJEURE (Clause A.16) in the schedule what so ever shall be permitted on these accounts by AAI.

A.4.2 DELAY AND NON-CONFORMANCE

A.4.2.1 DELAY BEYOND THREE WEEKS.

In case of the schedule not being adhered to, resulting in delay exceeding three weeks in delivery from the date of issue of firm supply order. AAI has the right to cancel the order wholly or in part without any liability to cancellation charges, and to look to alternate parties for providing of the same service and in which case the successful Bidder shall make good the difference between the cost elsewhere and price set forth in the order by successful Bidder.

A 4.2.2 LIQUIDATED DAMAGES

A.4.2.2.1 If the successful Bidder fails to complete the supply of the items within the time fixed (as per clause A 2.2) the vender shall pay to the AAI without prejudice to any other rights or remedy as may be available to the AAI, an agreed compensation amount calculated @ 1.0% of the total value of the supply order per week or part thereof subject to a maximum value equal to the 10% of the total supply order value.

A.4.2.2.2 The amount of compensation for delay and waiver of compensation for delay in case of justified reasons shall be decided at the discretion of Accepting Authority and the same shall be final and binding on the supplier. Time taken by AAI and local statutory authorities for approval of drawings, design, estimate etc, force majeure reasons and any other reasons beyond control of the supplier shall be considered as justified reasons. The amount of compensation may be adjusted or set off against any sum payable to the supplier under this or any other contract with AAI. 13

SECTION A: TENDER REQUIREMENTS

A.5 PRICES

The Bidder shall confirm that quoted price shall be firm and fixed and subject to no escalation whatsoever till the validity period of the tender. The rates applicable for statutory levies such as excise duty, sales tax, Octroi, Entry tax etc., freight and Insurance and Transportation charges must be indicated in Section-C (Schedule of Quantity) and in any absence of any mention of these, the rate quoted shall be considered as inclusive of taxes, delivery and installation charges etc.

A.6 PAYMENT TERMS

A.6.1

95% of the total cost of items as mentioned in Section-C will be paid within 30 days from the date of successful Completion of supply after 100 percent recovery of all taxes applicable. Rest 5% amount shall be recovered as security deposit which will be released by AAI after three months from the date of completion of supply against ordered quantity.

A.6.2 In case of any dissatisfaction in performance and service, during the said period, the 5% amount will be forfeited.

A.6.3 The cost of sample, testing charges, submission of sample for conducting test in authorized laboratory approved by AAI, This expenditure shall be borne by the supplier. In case of any default inferior quality found in test report. The total cost of default shall be bounded with the supplier. Suitable deduction/penalty shall be recovered from the bill or security deposit.

A.6.4 The test report shall be submitted by the supplier after supply of stainless steel items and bill amount shall be paid after confirming the stainless steel material grade 304.

NOTE:- A s per Letter No.KA.NI-2-1315/XI-9(10)/08-U.P.ACT-5-2008-ORDER- (101)-2013 dated 07.10.2013 issued by Government of Utter Pradesh 4% (WCT) on total quoted amount shall be deducted excluding all applicable taxes.

A.7 TRANSFER OF TENDER DOCUMENT

Transfer of tender documents by one Bidder to another is not permissible. Similarly transfer of tenders submitted by one Bidder is not permissible.

A.8 EARNEST MONEY DEPOSIT (EMD)

A.8.1 The EMD equivalent to Rs 28940.00 (Twenty eight thousand nine hundred forty only) shall accompany each tender. The EMD shall be furnished through RTGC/NET Banking.

A.8.2 The EMD of the technically unsuccessful Bidder shall be discharged/returned after the completion of the technical evaluation process.

A.8.3 The EMD of the unsuccessful bidders other than the lowest bidder shall be returned as soon as the work is awarded.

A.8.4 The EMD of the successful Bidder will be returned on written request subject to the submission of receipt duly sealed and signed on Revenue stamp after the successful commissioning of the items.

A.8.5 If the successful Bidder fails to enter into a contract with AAI within Fifteen days (except Clause A.16) after the issue of letter of acceptance by the firm/dealer, the EMD amount shall be forfeited.

A.8.6 Any tender not accompanying with EMD will be considered non- responsive and will be rejected outright by the tender opening committee.

A.8.9 No interest or any other expenses, whatsoever will be payable by AAI on the EMD in any manner.

A.9 COMPARISON AND EVALUATION OF TENDERS

A.9.1 The valid tenders received will be evaluated by AAI to ascertain the best in the interest of AAI for the complete scope of the proposal.

15 A.10 RIGHT TO ACCEPT OR REJECT THE TENDERS

A.10.1 The right to accept the tender in full or in part/parts rests with The AGM(E-C)-I, AAI, Varanasi. However, AGM(E-C)/ATM, Varanasi does not bind itself to accept the tender and reserves to itself the authority to reject the tenders received without assigning any reason whatsoever.

A.10.2 Tender in which any of the particulars and prescribed information are missing or incomplete, in any respect and/or prescribed conditions are not fulfilled, shall be considered non responsive and are liable to be rejected.

A.10.3 Tenders received in open condition/not in prescribed format/tampered/Incomplete/after due date and/ or time is liable to be rejected.

SECTION A: TENDER REQUIREMENTS

A.11 CORRECTION IN TENDER

All changes, alterations, corrections in the tender shall be signed in full by the person(s) signing the tender, with date and stamp. No erasure/or overwriting is/are permissible.

A.12 GUARANTEE/WARRANTY/SUPPORT

A.12.1 All goods or material shall be supplied strictly in accordance with the specifications, terms and conditions. No deviation shall be made without AAI’s agreement in writing, which must be obtained before any work against the order is commenced. All materials furnished by the successful Bidder pursuant to the order (irrespective of whether engineering/design or other information has been furnished, reviewed or approved by AAI) should be guaranteed to be of the best quality of their respective kinds (unless otherwise specifically authorized in writing by AAI) and shall be free from faulty design to the extent that such design is not furnished by AAI. The goods/material used by the successful Bidder and its workmanship should be of proper quality so as to fulfill, in all respects, the opening conditions and other requirements specified in the order.

16 A.12.2 Complete items shall be guaranteed against all defects /bugs and for a satisfactory performance, as per all the listed features, for the period of GUARANTEE/ WARRANTY from the date of completion of supply of the items the guarantee/warranty shall be two years.

A.12.3 If any trouble or defect originating with the design, materials, workmanship or operating characteristics arises within any time prior to completion of warranty/guaranty period and the Bidder notified thereof, the Bidder at his own expenses and at no cost of AAI as promptly as possible make such alterations, repairs and replacements at site as may be necessary for proper operation in accordance with the specifications.

A.12.4 AAI may at its option remove such defective material at the Bidder’s expense, if the Bidder does not act after being informed. The Bidder shall make good the replacement in kind / cash.

SECTION A: TENDER REQUIREMENTS

A.13 TESTING AND INSPECTION

A.13.1 The testing / inspection shall be performed at the AAI site at the time of delivery of the items and the AAI or its representative shall inspect the goods against any physical damage on delivery. The AAI or its representative shall also check the goods delivered against the model ordered. The AAI or its representative shall reject the items, which are not delivered as per the supply order or any subsequent modifications to the tender, in terms of make and model. The officers mentioned by AAI shall also receive the goods after inspection.

A.13.2 The testing & inspection in any way not relieve the supplier from any Warranty or other obligations under this tender.

A.13.3 Technical specification for installation are to be as per requirements mentioned in section – B. A.13.4 Sample of materials, fixtures’ as per items shall be submitted for obtaining approval from Engineer-in-charge/ATM before commencement of supply otherwise supply of items shall not be accepted by Engineer-in- charge/ATM.

A.14 INSURANCE, FREIGHT AND TRANSPORT A.14.1 Arrangements will be made by the awardees for delivery of Misc. items at L.B.S.I. Airport AAI Babatpur, Varanasi. The charges of transportation and insurance will be paid by the agency.

A.15 A fine of an agreed amount calculated @ ½% of the total value of the faulty items per week or part thereof subject to a maximum value equal to the

17 value of the 10% of the purchase order can be imposed in case of delay in rectification of the problem in 72 hours. The acceptance of valid reasons for non compliance rests with The AGM(E-C)/ATM, L.B.S.I. Airport AAI Babatpur, Varanasi and his decision with regard to imposition of the fine shall be final. The fine shall be recovered from the Bank Guarantee/ Security Deposit.

A.16 FORCE MAJEURE A.16.1 AAI may grant an extension of time limit set for the completion of the work. In case the timely completion of the work is delayed by force majeure beyond the successful Bidder’s control, subject to what is stated in the following subparagraphs and to the procedures detailed there in being followed. Force majeure is defined as an event of effect that cannot reasonably be anticipated such as acts of God (like earthquakes, floods, storms etc.), acts of states, the direct and indirect consequences of wars (declared or undeclared), hostilities, national emergencies, civil commotions and strikes (only those which exceed a duration of ten continuous days) at successful Bidders factory.

SECTION A: TENDER REQUIREMENTS

The successful bidder’s right to an extension of the time limit for completion of the work in above mentioned cases is to the following procedures:-

A.16.1.1 That within 10 days after the occurrence of a case of force majeure but before the expiry of the stipulated date of completion, the successful Bidder informs the AAI in writing about the occurrence of force Majeure Condition that the successful Bidder considers himself entitled to an extension of the time limit.

A.16.1.2 That the successful Bidder produces evidence of the date of occurrence and the duration of the force majeure in an adequate manner by means of documents drawn up by responsible authorities.

A.16.1.3 That the successful tender should prove that, they said conditions have actually interfered with the carrying out the contract.

A.16.1.4 That the successful Bidder should prove that, the delay occurred is not due to his own action or lack of action.

18 A.16.2 Apart from extension of the time limit, force majeure does not entitle the successful Bidder to any relaxation or to any compensation of damage or loss suffered.

A.17 ARBITRATION AND LAWS

A.17.1 Except where otherwise provided for in the contract, all questions and disputes relating to the meaning of the specifications, design, drawings and instructions here in before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claims, right, matter or thing whatsoever, in any way arising out of or relating to the contract, designs, specifications, estimates, instructions, orders or these conditions or otherwise concerning the work or the execution or failure to execute the same whether arising during the progress of the work or after the cancellation, termination, completion or abandonment thereof shall be dealt with as mentioned hereinafter:

(i) Through Dispute Resolution Committee: Any dispute as stated above shall be referred to the Dispute Resolution Committee (DRC) appointed by the Executive Director/Member (Planning)/Chairman, Airports Authority of India.

It is also a term of contract that fees and other expense if payable to DRC shall be paid equally by both the parties i.e. AAI and the Contractor. Unless the contract has already been repudiated or terminated the contractor shall, in every case, continue to proceed with the work with all due diligence.

SECTION A: TENDER REQUIREMENTS

It is also a term of contract that if the contractor does not make any demand for Dispute Resolution Committee in respect of any claim in writing within 90 (ninty) days of receiving the intimation from AAI that the bill is ready for payment, the claim of the contractor(s) will be deemed to have been waved and absolutely barred and the AAI shall be discharged and released of all liabilities under the contract in respect of these claims.

(ii) Adjudication through Arbitration:- Except where the decision has become final, binding and conclusive in terms of Sub Para(i) above, disputes or differences shall be referred for adjudication through arbitration by a sole arbitrator appointed by the Member(Planning)/Chairman, AAI. If the arbitrator so appointed is unable or unwilling to act or resigns his appointment or vacates his office due to any reason whatsoever, another sole arbitrator shall be appointed in the manner aforesaid. Such person shall be entitled to proceed with the reference from the stage at which it was left by his predecessor.

A.17.2 It is also a term of contract that if the contractor does not make any demand for appointment of Arbitrator in respect of any claim in writing within 120(one hundred and twenty) days of receiving the decision /award from Dispute Resolution Committee, the claim of the contractor(s) will be deemed to have been waved and absolutely barred and the AAI shall be discharged and released of all liabilities under the contract in respect of these claims.

A.17.3 It is term of this contract that the party invoking arbitration shall give of disputes with amounts claimed in respect of each disputes along with the notice for appointment of arbitrator and giving reference to the rejection of their claims by the Dispute Resolution Committee.

A.17.4 It is also a term of this contract that no person, other than a person appointed by above mentioned appointing authority, should act as arbitrator and if for any reason that is not possible, the matter shall not be referred to arbitration at all.

A.17.5 The arbitration shall be conducted in accordance with the provisions of the

Arbitration and Conciliation act, 1996(26 of 1996) or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force shall apply to the arbitration proceeding under the clause.

A.17.6 It is term of the contract that the Arbitrator shall adjudicate on only such disputes as are referred to him by the appointing authority and give separate award against each dispute and claim referred to him and in all cases where the total amount of the claims by any party exceeds Rs. 1, 00,000/- the Arbitrator shall give reasons for the award.

A.17.7 It is term of this contract that if any fees are payable to the Arbitrator, these shall be paid equally by both the parties.

SECTION A: TENDER REQUIREMENTS

A.17.8 It is also a term of the contract that the Arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties calling them to submit their statement of claims and counter statement of claims. The venue of the arbitration shall be such a place as may be fixed by the Arbitrator in his sole discretion. The fees if any, of the Arbitrator shall, if required to be paid before the award is made and published, be paid half and half by each of the parties. The cost of the reference and of the award (including the fees, if any, of the Arbitrator) shall be in the discretion of the Arbitrator who may direct to any by whom and in what manner, such costs or any part thereof shall be paid and fix or settle the amount of costs to be so paid.

A.18 CHANGE IN QUANTITY

A.18.1 AAI reserves the right to change the quantity of the Misc. items to be supplied by 25% of the time of purchase order.

A.18.2 Price applicable at the time of purchase order for the items should be valid for a period of twelve months from the date of issue of purchase order.

AAI reserves the right to give repeat order with the same terms and conditions as first order except for the quantities of items or part thereof and related Para which shall not exceed 50% of quantity supplied in the first order.

A.19 LAW GOVERNING THE CONTRACT

The Indian Arbitration and Conciliation Act, 1996 shall govern this contract, as amended from time to time. The venue of arbitration shall be Varanasi, India

A.20 MISC.

In addition to the above any other information/description, the Bidder may wish to provide, the features/performance figures specified / indicated with supporting documents / calculations. All figures indicated by the Bidder must be fully qualified and subject to coordinated performance.

21 SECTION-B TECHNICAL SPECIFICATION :

S.NO. DESCRIPTION OF ITEMS Technical specification 1 Dustbin : Supply of stainless steel dustbin with paddle capacity of 7 litre, size 25 x (i). Material- Stainless steel grade 304, 30 cm approved make and as directed by Engineer-in-charge/ATM. (ii). Type - Paddle (iii). Capacity- 7 litre (iv). Size - 25 cm dia/30cm height 2 Supply of twin Dustbin DUO FRT 2 X 60 Litre inner plastic bucket size Dustbin : as per description of items 406 x 813 x 813 mm good quality of approved make and as directed by

Engineer-in-charge/ATM.

3 Soap dispenser : (i). Material - Stainless steel grade 304 Supply of stainless steel liquid soap dispenser good quality of approved (ii). Type- Open able lid and heavy duty make and as directed by Engineer-in-charge/ATM. industrial type. (iii). Function-Push button (iv). Weight - not less than 500gms 4 Tissue paper dispenser (C-fold) : Supply of stainless steel body C-fold dispenser of size 550-600 tissue (i). Material- Stainless steel body grade 304 paper good quality of approved make and as directed by Engineer-in- . Type – Bottom open charge/ATM. (ii) (iii). Size- 10.5’’L x4’’Bx14’’H (iv). Capacity-500 to 600 tissue papers 5 Supply of Perfume Dispenser AIR WICK (LED) with pen cell batteries and (i). Material – Plastic body key good quality of approved make and as directed by Engineer-in- (ii). Refill capacity – 250ml charge/ATM. (iii). Size-205mm „H‟ x 120 „B‟ x 90mm “W” (iv). Spray frequency-5 to 60 minute 6 (i). Refill qty – 250 ml (minimum) Supply of refill (Air freshener any fragrance) for perfume dispenser good (ii). Material –Metallic container or as per quality of approved make by as directed by Engineer-in-charge/ATM. manufacture (iii). Function : Auto 7 Tissue paper: Supply of tissue papers good quality of approved make and as directed (i). Material- Tissue paper by Engineer-in-charge/ATM. (ii). Type – Absorbent and soft folds/extra thick (iii). Size 30cm x 20cm (iv). Colure : white 8 Supply of pen cell battery for perfume dispenser of good quality of Pen cell battery for perfume dispenser approved make and as directed by Engineer-in-charge/ATM.

9 Supply of urinal screen of good quality of approved make and as directed Urinal screen (toilet odor) in any five different by Engineer-in-charge/ATM. flavors

Note : All stainless items should be supplied alongwith undertaking of stainless steel material grade 304. B.2 The Bidder are advised to quote their rates keeping this condition in consideration.

22 SECTION-C: SCHEDULE OF QUANTITY

Name of work:Supply of miscellaneous items for toilet block in New Terminal Building at LBSI Airport Varanasi. S.No. Description of Item Unit Quantity Short unit Short description of item 1 Supply of stainless steel dustbin with paddle EA DUSTBIN WITH capacity of 7 litre, size 25 x 30 cm approved make PADDLE and as directed by Engineer-in-charge/ATM. each 75.00

2 Supply of twin Dustbin DUO FRT 2 X 60 Litre inner EA TWIN DUSTBIN plastic bucket size 406 x 813 x 813 mm good quality of approved make and as directed by Engineer-in- charge/ATM. each 15.00

3 Supply of stainless steel liquid soap dispenser good EA LIQUID SOAP quality of approved make and as directed by DISPENSER Engineer-in-charge/ATM. each 62.00

4 Supply of stainless steel body C-fold dispensor of EA BODY C-FOLD size 550-600 tissue paper good quality of approved DISPENSER make and as directed by Engineer-in-charge/ATM. each 40.00

5 Supply of Perfume Dispenser AIR WICK (LED) with EA PERFUME DISPENSER pen cell batteries and key good quality of approved AIR WICK (LED) make and as directed by Engineer-in-charge/ATM. each 40.00

6 Supply of refill (Air freshener any fragrance) for EA REFILL (AIR perfume dispenser good quality of approved make FRESHENER ANY by as directed by Engineer-in-charge/ATM. each 325.00 FRAGRANCE)

7 Supply of tissue papers good quality of approved EA TISSUE PAPERS make and as directed by Engineer-in-charge/ATM. each 1000000.00

8 Supply of pen cell battery for perfume dispenser of EA PEN CELL BATTERY good quality of approved make and as directed by FOR PERFUME Engineer-in-charge/ATM. each 160.00 DISPENSOR

9 Supply of urinal screen of good quality of approved EA URINAL SCREEN make and as directed by Engineer-in-charge/ATM. each 360.00

*Rate shall be inclusive of all statutory levies such as excise duty, sale tax, octroi, Entry tax, sales tax/VAT etc, freight and insurance and Transportation charges up to Varanasi Airport.

Total Amount (in words) ______

(Signature and seal of party)

SECTION- D

UNCONDITIONAL ACCEPTANCE

(To be submitted in technical bid)

To, The AGM(E-C)-I Airports Authority of India L.B.S.I Airport, Babatpur, Varanasi

Sir, Acceptance of AAI’s Tender Conditions

1. The tender documents for “Supply of miscellaneous items for toilet block in New Terminal Building at LBSI Airport Varanasi” and I/we hereby certify that I/we have inspected the site and read the entire terms and conditions of the tender documents made available to me/us in the office of AGM(E-C)-I, AAI ,Varanasi Airport, which shall form part of the contract agreement and I/we shall abide by the conditions/clauses contained therein. 2. I/we hereby unconditionally accept the tender conditions of AAI’s tender documents in its entirety for the above work. 3. The contents of the clause 8 and 10 of Notice Inviting Tender of the Tender Documents have been noted wherein it is clarified that after unconditionally accepting the tender conditions in its entirety, it is not permissible to put any remarks/conditions except unconditional rebate on quoted rates. I/we agree that the tender shall be rejected and AAI shall without prejudice to any other right or remedy be at liberty to forfeit the 10% of earnest money. 4. ‘That I/we declare that I/we have not paid any bribe to any officer of AAI for awarding of this contract at any stage during its execution or at any time of payment of bills and further if any officer of AAI asks for bribe/gratification, I will immediately report it to the appropriate authority in AAI.’

I/We have quoted our prices for Supply of miscellaneous items for toilet block in New Terminal Building at LBSI Airport Varanasi. I/We hereby unconditionally accept the tender conditions of AAI’s tender documents in its entirety for the above work.

Date: Yours faithfully

(Seal and signature of the Bidder)

ANNEXURE – I

PROFORMA FOR PERFORMANCE BANK GUARANTEE

1. In consideration of the Chairman, Airports Authority of India [hereinafter called” AAI”] having offered

...... to accept the terms and conditions of the proposed agreement between ...... and...... [here-in-after called “the said Contractor(s)”] for the works .. [here-in-after called “the said agreement”] vide Order no...... Dated ...... , having agreed to production of irrevocable Bank Guarantee for `...... (Rupees ...... only) as a security / guarantee from the contractor(s) for compliance of his obligations in accordance with the terms and conditions in the said agreement.

We...... (Indicate the name of the Bank) [Hereinafter referred to as “the Bank”] hereby `

...... undertake to pay to the Chairman, AAI an amount not exceeding .. . .

(Rupees...... only) on demand by AAI.

2. We...... (indicate the name of the Bank) do hereby undertake to pay the amounts due and payable

under this Guarantee without any demure, merely on a demand from AAI stating that the amount claimed is required to meet the recoveries due or likely to be due from the said contractor(s). Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee. However, our liability under this guarantee shall be restricted to an amount not

exceeding `...... (Rupees ...... only.

3. We, the said bank further undertake to pay to the Chairman, AAI any money so demanded notwithstanding any dispute or disputes raised by the contractor (s) in any suit or proceeding pending before any court or tribunal relating thereto, our liability under this present being absolute and unequivocal.

4. The payment so made by us under this bond shall be a valid discharge of our liability for payment there under and the contractor(s) shall have no claim against us for making such payment. We...... (indicate the name of the bank) further

agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of AAI under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till Project- in-charge on behalf of AAI certified that the terms and conditions of the said agreement have been fully and properly carried out by the said contractor(s) and accordingly discharges this guarantee.

5. We...... (Indicate the name of the bank) further agree with AAI that AAI shall have the fullest liberty without our consent and without effecting in any manner our obligations hereunder to vary any of terms and conditions of the said agreement or extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by AAI against the said contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relived from our liability by reason of any such variation, or extension being granted to the said contractor(s) or for any forbearance, act or omission on the part of AAI or any indulgence by the AAI to the said contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect so relieving us.

This guarantee shall not be discharged due to the change in the constitution of the Bank or the contractor(s).

6. We...... (Indicate the name of the bank) lastly undertake not to revoke this guarantee except with the previous consent of AAI in writing

7. This guarantee shall be valid up to ...... unless extended on demand by AAI.

Notwithstanding anything mentioned above, our liability against this guarantee is restricted to `.

...... (Rupees ...... only) and unless a claim in writing is lodged with us within six months of the date of expiry or the extended date of expiry of this guarantee all our liabilities under this guarantee shall stand discharge ( D a y ) 8 o (Month)... (Year) (Indicate . Dated the...... f For...... the name of bank).

ANNEXURE – II

AGREEMENT

Supply of miscellaneous items for toilet block in New Terminal Building at LBSI Airport Varanasi”

This agreement made on this ______day of ______two thousand fifteen 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 Rajiv Gandhi Bhawan, Safdarjung Airport, New Delhi-110003 and office at , Varanasi represented by AGM(E-C)-I, AAI, ,Varanasi 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, Airports 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 ‘Vendor’ (which term shall unless excluded by or is repugnant to the context, be deemed to include its heirs, representatives, successors and assigns of the vendor).

Whereas the Authority is entitled in „Law‟ to grant “Supply of miscellaneous items for toilet block in New Terminal Building at LBSI Airport Varanasi” installed at AAI, Varanasi, hereinafter referred to as the premises.

Whereas the authority is desirous that upkeep and “Supply of miscellaneous items for toilet block in New Terminal Building at LBSI Airport Varanasi” peripherals as specified in Section-C of the tender document be provided by the vendor in the premises of the authority. The Authority has accepted the bid by the vendor for the provision of these maintenance services for an amount of Rs. ______(Rupees) on the terms & conditions as mentioned hereunder:

And whereas the Authority is agreeable to grant the comprehensive annual maintenance contract of Misc. items at AAI, ,Varanasi, hereinafter referred to as the premises.

Now, therefore, this indenture witness:

1. That the Contract for the said facility shall be valid for the period of one (01) year from ______to ______unless terminated earlier on account of following :

(a) By giving thirty (30) days notice, in writing from either side without assigning any reason.

(b) By authority on a short notice on account of unsatisfactory performance. In case it is noticed by the Authority that the work carried out by the contractor is not up to the required standard, two days written notice will be given to him as warning of the bad state of work and asking him to improve upon the standard within this period. In the event of the Authority finding that there is no improvement and the work is not being carried out as per instructions, giving 24 hours notice shall terminate the contract and proportionate amount will be deducted from the bill.

1.The tender requirements (Section -A), general technical specification (Section - B), Supply of miscellaneous items for toilet block in New Terminal Building at LBSI Airport Varanasi” work award letter no *** shall be deemed to form part of this agreement.

2. Supply of miscellaneous items for toilet block in New Terminal Building at LBSI Airport Varanasi shall be carried out as per the directions of CNS-in-charge.

3.The vendor shall within 30 calendar days of the issue of letter of acceptance of the bid, shall submit unqualified performance guarantee of 5% (Ten Per Cent) of the total price to AAI in the form of an irrevocable and unconditional bank guarantee on a Nationalized / Scheduled Bank, which shall be released without any interest on completion of defect liability period. The EMD will be returned only after the vendor submits the performance guarantee.

OR The vender shall submit performance guarantee of 5% of the total price to AAI in the form of an irrevocable and unconditional bank guarantee issued by a Nationalized Bank. The bank guarantee shall be valid till the expiry of 90 days after the end of the period of guarantee/warranty. The submission of the bank guarantee shall be within 30 days from the date of issue of the letter of acceptance by the supplier.

4. The Authority and the vendor further agree that they are bound by the General Terms & Conditions mentioned in NIT. Signed by Shri ______Deputy General Manager (CNS), Airports Authority of India, Varanasi for and on behalf of the Airports Authority of India, in the presence of:

WITNESS:

1. ( )

Signed by ______for and on behalf of M/s. ______in the presence of:

WITNESS:

1. ( )

2. ( )