BID INVITATION NO : NIT NO.: AAI/RC/CML/N32 Dated:09/10/2017 Tender Fee: Rs. 5000/-
NOTICE INVITING e-TENDER FOR RESTAURANT OUTSIDE NITB ATBIRSA MUNDA AIRPORT, RANCHI
E-BID NO.2017_AAI_3381_1
Published By: Commercial Department, Airports Authority of India, BirsaMunda Airport, Ranchi-834002. Email [email protected] . Phone 0651 - 6900063.
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INTRODUCTION
Airports Authority of India (AAI), a Mini Ratna PSU undertaking under Ministry of Civil Aviation, was formed by the merger of International Airports Authority of India (IAAI) & National Airports Authority of India (NAA) by an Act of Parliament and came into existence on 01.04.1995 with a view to accelerate the integrated development, expansion & modernization of the operational, terminal & cargo facilities at the Airports in country confirming to International Standards, controlling and managing 125 Airports in India. CORPORATE MISSION
“To be the foundation of an enduring Indian aviation network, providing high quality, safe and customer-oriented airport and air navigation services thereby acting as a catalyst for economic growth in the areas we serve.”
BRIEF NOTES ABOUT BIRSA MUNDA AIRPORT, RANCHI.
BirsaMunda Airport (IATA : IXR , ICAO : VERC ) is a public Domestic Airport serving the city of Ranchi , Jamshedpur &Bokaro and following scheduled flight connected Ranchi with other parts of the country :
Airlines Destinations
Air India Delhi ,Kolkata
Go Air Delhi , Mumbai , Patna
Bengaluru, Delhi , Kolkata , Mumbai , Patna ,
IndiGo Indore (One Stop)
Delhi, Air Asia Kolkata,Hyderabad,Bhubaneswar,Bengaluru
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Vistara Delhi (Starting from 29.10.2017) Airlines
Apart from the scheduled airlines, Jharkhand being an industrial state, host of industrial houses fly their own flight through this Airport. The prominent among them are – Tata Steel, JSPL, KJSAhluwalia, K2 Enterprises, Pawan Hans, SAIL, TAJ Air, Aryan Aviation, GhodawatEnterprises, Pinnacle, Poonawala Aviation, etc.
It is managed by Airports Authority of India . It is located in Hinoo locality, approximately 7 km (4.3 mi) from the centre of the city. It is the 27th busiest airport in India . Hatia Railway Station is located at a distance of a kilometre from BMA. BMA used to be a small airport in terms of service, however with the growth of air traffic in India, BMA has also witnessed unprecedented growth in the last 3 years and several budget airlines have added it to their route. The airport recently got 2 beautiful Aerobridges and the first floor of the Integrated Terminal Building has been opened for passengers, w.e.f. 9 th February, 2015. ∑ Passenger movement w.e.f. 01.04.2012
Year Year Year Year Year Year Month 2012- 2013- 2014- 2015 - 2016-2017 2017- 2013 2014 2015 2016 2018 April 43741 40082 47478 62501 77540 116846 May 39947 48202 64684 68086 86661 140490 June 42464 44141 64640 76954 84026 138392 July 36634 41042 53631 64192 88567 133755 August 33691 47439 53353 61092 88257 137923 September 34472 45397 55118 64841 84834 October 38905 52954 57521 65522 101877 November 43884 56786 64709 63529 107349 December 43826 53337 71414 73595 119460 January 44604 46195 65880 71573 111833 February 43055 47285 65024 65001 102553 March 43274 50015 65391 73316 115911 Total 487497 572875 728843 810202 1168868
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More than three thousand two hundred passengers travel daily. The passenger movement in 2016-2017 shows 44.27% growth over the last year’s growth of 11.16%(2015-16) ABOUT THE STATE OF JHARKHAND
Jharkhand is a state in eastern India. It was carved out of the southern part of Bihar on 15 November 2000. Jharkhand shares its border with the states of Bihar to the north, Uttar Pradesh and Chhattisgarh to the west, Odisha to the south, and West Bengal to the east. The city of Ranchi is its capital and Dumka is sub capital while Jamshedpur is the largest and the biggest industrial city of the state. Jharkhand is famous for its rich mineral resources like Uranium, Mica, Bauxite, Granite, Gold, Silver, Graphite, Magnetite, Dolomite, Fireclay, Quartz, Fieldspar, Coal (32% of India), Iron, Copper (25% of India) etc. Forests and woodlands occupy more than 29% of the state which is amongst the highest in India.
Jharkhand business and economy centers round the various industries housed in the territory. Business and economy in Jharkhand seems to be a vital component of the administrative set up of Jharkhand; it is this aspect of the Government of Jharkhand that is helping the Government to meet up to the challenges of this industrial world.
Jharkhand becomes third position in World Bank Ease of Doing Business Ranking, according to a release of World Bank report, published in The Financial Express, New Delhi, on 15 th Sept., 2015. The heralding reporting by World Bank is a system of regular ranking of states in the spirit of competitive federalism.
Talking about the business and economy of Jharkhand, it can be said that Jharkhand houses two major steel plants in India. The steel plants at Bokaro and the Tata Iron and Steel Company are the two major plants housed within the territory of Jharkhand. These steel plants largely contribute towards the economy of not only Jharkhand, but India.
Among the other important steel plants that form an integral part of the business and economy at Jharkhand are: ‹ Tata Steel ‹ Jindal Steel & Plant LTD ‹ Usha Martin, etc. ‹ Burnpur Cement
Besides, the topography of Jharkhand is rich in minerals. The abundance in minerals also enhances the prospects of the industries in Jharkhand. Some of the important minerals found in Jharkhand are:
Chromite Mica Iron Copper Limestone Asbestos Uranium Sillimanite Gold
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Manganese Silver Bauxite Coal, etc.
Jharkhand Tourism
Besides industries and agriculture, tourism in Jharkhand also forms an indelible part of the economy of Jharkhand. With the coming of the foreign tourists in India, Jharkhand tourism has taken a big stride forward.
Jharkhand is blessed with an exotic landscape: the rolling hills, beautiful plateaus, sparkling rivers, waterfalls, etc. that largely contribute towards tourism at Jharkhand. Besides, the national parks, wildlife sanctuaries, holy shrines and museums, etc. largely attracts tourists to come to Jharkhand.
Some of the major tourist spots in Jharkhand that play a vital role in the tourism industry of Jharkhand are:
Netarhat - Netarhat is a beautiful hill station situated about 156 kilometers from Ranchi. Netarhat is renowned for its sun set: tourists from across the world come to enjoy the blissful ambiance of the territory.
Betla National Park - Betla National Park forms an pivot of tourism in Jharkhand. The national park spreads over an area of 250 square kilometers and contains a variety of animals such as tiger, lion, panther, deer, elephants, cheetal, etc.
BaidyanathDham (Deoghar)– BaidyanathDham is one of the major religious sites in Jharkhand. BaidyanathDham is the abode of Lord Shiva: tourists from across the world come to this shrine to pay their reverence to Lord Shiva.
It is noteworthy in this context that Kanke Dam, Ranchi Hill, Tagore Hill, Hatia Dam, Dasham Falls, JagannathMandir, Jonah Falls, Hundru waterfalls, etc. are the projects under the Tourism Industry of Jharkhand that heavily contributes towards the economy of the State.
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CONTENTS
Subject: Restaurant Outside NITB,at Birsa Munda Airport, Ranchi. Tender documents indicating full details of the licence will be available on Government of India e-Public Procurement Portal http://etenders.gov.in . This Tender Document contains the following: S.N. CONTENTS No. OF PAGES FROM TO 1. Introduction 01 05 2. Contents 06 06 3. Notice Inviting e-Tender 07 10 4. Check List 11 11 5. E-Tendering Guidelines to Bidders. 12 12 6. General Information & Guidelines 13 17 7. General Terms & Conditions. 18 24 8. Special Terms and Conditions. 25 27 9. Pre Integrity Pact 28 34 10. Form of Financial Bid 35 36 11. Licence Agreement. 37 40 12. Schedule of Premises 41 42 13. Covering Letter (Annex-I) 43 44 14. Declaration of Unconditional acceptance (Annex –II) 45 45 15. Details of Contract with AAI (Annex –III) 46 46 16. List of near relatives employed with AAI (Annex –IV) 47 47 17. Letter of Understanding to Bank (Annex-V) 48 48 18. Form of Bank Guarantee (Annex – VI) 49 50
IMPORTANT : ‹ Participants are advised not to submit any conditional tender and adhere to the terms & conditions indicated in the tender document provided by AAI. ‹ Conditional Tenders would be summarily rejected. ‹ Participants are required to upload the documents after making proper diligence study.
For further information please contact the undersigned at 0651-6900063 Tender Issuing Officer
(V. R. Toppo) AGM (Civil/Comcl) For Airport Director
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AIRPORTS AUTHORITY OF INDIA BIRSA MUNDA AIRPORT, RANCHI NOTICE INVITING e-TENDER
E-Tenders (through Government of India e-Public Procurement portal http://etenders.gov.in ) are hereby invited for granting licence for the following facility at Birsa Munda Airport, Ranchi.
EARNEST MINIMUM COST OF NAME OF THE PERIOD MONEY RESERVE TENDER FACILITY WITH OF DEPOSIT LICENCE FEE LOCATION LICENCE (EMD) (MRLF) RESTAURANT OUTSIDE NITB, Rs. 1,23,000/- AT BIRSA MUNDA (One Lakh Rs. 5000/-( Twenty Rs.2,05,000/- per 07 (Seven) AIRPORT, RANCHI Rupees Three month years FiveThousand Area- 9.25 mx16.20 m Thousand =150 sqm(Approx) Only) Only)
Important Dates :
Last date of Last Date for Date of Opening Date of Opening of Sale/Downloading Submission of of Technical Bids Financial Bids NIT Documents NIT Documents Date & time of opening of financial bids shall be 03.11.2017 03.11.2017 07.11.2017 intimated till 1230 hrs till 1500hrs at 1530hrs separately/subsequently only to the technically qualified bidders. Note: i. Offer below MRLF will not be considered for award. ii. A space of 150 sqm (9.25m x 16.20m) (Approx) [Non-AC space] outside New Integrated Terminal Building will be allotted for Restaurant outside NITB. iii. The quotedLicence Fee against MRLF shall be subject to annual compound escalation @10%. All the Taxes will be applicable over and above Licence Fee. iv. In addition to quoted license fee, The successful tenderer is liable to pay space rent (Non AC Space) for 150 sqm. The space rent for the year 2017-2018 will be Rs. 85,500/- per month @Rs. 570/- per sqm. This space rent is subject to 10% annul escalation on 1 st April every year. The same may be reviewed by AAI, CHQ and the licensee will have to pay accordingly. v. The successful bidder is liable to pay Utility Charge which is calculated @ 10% of space rent for the area of 150sqm. in addition to quoted licence fee and Space Rent (Non AC) for 2017-18 is @ Rs. 570/- per sqm. Per month. vi. The successful tenderer is liable to pay over and above the quoted Licence Fee with all the applicable taxes, statutory levies, fees as applicable at the rates declared by Govt. of India/State Govt./Local authorities from time to time. vii. The licensee shall pay the charges for the consumption of the electricity and water charges as per actual usageon the prevailing tariff as decided by AAI from time to time.The Licensee will be allowed for installation of sub-meter for electricity billing.
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1. THE PARTIES FULFILLING THE FOLLOWING CONDITIONS ARE ELIGIBLE TO PARTICIPATE IN THE TENDERS: a. The Bidders/Participants should possess valid Food License issued by competent authority of State/Central Govt. Copy of this certificate should be submitted along with the submission of tender document in Technical Bid. Bidders/Participants not having a valid food license should submit an undertaking of submitting the food license before commencement of the license. The agency will not be permitted to commence business without submitting a copy of valid food license. However, no extension in gestation period will be given due to non-submission of valid Food License. b. The Bidders/Participant should have minimum of 03 years’ experience during the last seven years from the date of publication of tender document, i.e. as on 09.10.2017 , in operating similar facilities/restaurant in airports or reputed city mall. The experience from private parties shall be supported by TDS certificate. c. The Bidders/Participants not having their own restaurant/hotel business as per eligibility criteria indicated elsewhere but they are in the field of similar business with other party for continuously more than 3 years during the last seven years from the date of publication of tender document, i.e. as on 09.10.2017, shall submit valid copy of similar business agreement towards his share, to be produced with complete financial report to verify the Gross Annual Turnover. The turnover should be in any of the last 5 financial years from the date of publication of tender document, at least 50% of the turn over should be from the same kind of business. d. The parties qualifying Gross Turnover (GTO) Criteria, which is Rs. 12,30,000.00 (Twelve Lakhs Thirty thousand only ) [equivalent to 6 months value of MRLF]
Gross Turn over Criteria
i. The Bidders / Participants should have Annual Gross Turnover equivalent to six months of MRLF (i.e. Rs. 2,05,000/- x 6 = Rs. 12,30,000/-). ii. Qualifying turnover shall be in any of the last 5 financial years, from the date of publication of tender document, i.e. as on 09.10.2017. iii. Qualifying turnover specified above should be at least 50% from the same kind of business. iv. The turnover details should be duly certified by a Chartered Accountant. v. In case of hotels running their restaurants the breakup of turnover with specific mention of turnover from restaurant business should be submitted duly certified by the Chartered Accountant.
2. Maximum gestation period for commencement of this facility will be 90 days , w.e.f. the date of issue of Award Letter. The facility will be assumed to have commenced from the next day of expiry of gestation period or actual commencement of commercial operation, whichever is earlier. 3. 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 a single party and one entity. 4. Any party, either a firm or an individual, falling under the following categories is not eligible: a) Debarred/blacklisted by CBI or AAI or Undertaking/Departments like Railway, Defence or any other Department of Govt. of India, State Govt. A declaration to this effect is also to be obtained from the party submitting the tender documents. AAI/RC/COMCL/REST_OUTSIDE/N32Date :09.10.2017 Page 8 of 50
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) The parties having undisputed dues (including interest on delayed payments) exceeding one month Licence fee in each contract. e) The parties having undisputed dues, exceeding available security deposit (for each contract considered separately). NOTE : The parties purchasing the tender shall be required to submit a declaration to this effect for Clause-4 on a Non-judicial stamp paper of Rs. 100/- (Rupees One Hundred Only) dulyattested by a PublicNotary.
f)Tender document indicating full details of the licence can be downloaded from Government of India e-Public Procurement Portal http://etenders.gov.in of after payment of Tender Fee amounting Rs. 5000/- (Rupees FiveThousand only) through Demand Draft /RTGS/NEFT in favour of “Airports Authority of India”, payable at Ranchi. A copy of the Demand Draft/RTGS/NEFT of Tender Fee to be uploaded with the Tech nical Bid documents at the time of submission of e-tender. The particulars of current Bank Account are as follows- 1) BENIFICIARY NAME - AIRPORTS AUTHORITY OF INDIA. CURRENT A/C NO. : 32909130918, BANK - STATE BANK OF INDIA. BRANCH -HINOO, RANCHI. ACCOUNT TYPE- CURRENT ACCOUNT. BRANCH CODE- 30527, MICR CODE- 834002033, IFSC CODE-SBIN0030527. or 2) BENIFICIARY NAME - AIRPORTS AUTHORITY OF INDIA CURRENT ACCOUNT NO. - 840400300001756, BANK- VIJAYA BANK, BRANCH – RANCHI.ACCOUNT TYPE-CURRENT ACCOUNT BRANCH CODE-8404, MICR CODE - 000029000, IFSC CODE – VIJB0008404
The proof towards making such payment through NEFT / RTGS is to be uploaded by Bidder along with the Technical bid documents. No other mode of payment shall be acceptable.
(g)Tender document duly completed in all respects containing Technical Bid alongwiththe Financial Bid (separately) shallbe uploaded at the same portalwithin the date and time mentioned in schedule at page 07 positively . Each page of Technical Bids should be signed by the authorized representative of the tenderer. The authorization (power of attorney) should be on non-judicial stamp paper of Rs. 100/-duly attested by Public Notary.The tenderers are required to deposit Earnest Money Deposit of Rs. 1,23,000/- (Rupees One Lakh Twenty Three ThousandOnly ) through Demand Draft /RTGS/NEFT in favour of “Airports Authority of India”, payable at Ranchi. A copy of the Demand Draft/RTGS/NEFT of the EMD to be uploaded with the Tech nical Bid documents at the time of submission of e-tender.The particulars of current Bank Account are mentioned in clause - 4 (f) of NIT.
5. The proof towards making such payment through NEFT / RTGS is to be uploaded by Bidder along with the Technical bid documents. No other mode of payment shall be acceptable. i) The Technical Bids of the tenderers shall be openedas per the scheduled date & time mentioned in Page -7.
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ii) Financial Bid of Technically Qualified Bidders only will be opened. It shall be unconditional. Tender of technically unqualified bidders will be rejected and their financial bid will not be opened. Tenders with conditional financial bid shall be rejected out rightly and EMD of such bidder(s) shall be forfeited. iii) Conditional tenders will be summarily rejected. iv) AAI reserves itself the right to extend the date of receiving/opening of the bids. 5. Any party quoting price below the mentioned MRLF amount will be disqualified outrightly. 6. AAI reserves to itself the right to reject conditional tender without assigning any reason thereto. 7. AAI reserves to itself the right to reject any or all the tenders without assigning any reason thereof. 8. GST and all applicable taxes and any other taxes imposed by government/local bodies shall be payable by the licensee. 9. AAI reserves the right to invite tenders and award licences for similar facilities in future. The Licensee shall have no right to object. 10. The bidder is expected to visit the premises and should satisfy himself/herself before submitting his/her bid. Anybody who submits his/her bid will be assumed to have visited the premises and having full knowledge of the premises. 11. On allotment, licensee has to do all interior works and exterior partition including lockable gate with the space at his own cost approved by Airport Director, AAI. Agencies willing to participate in the bid are requested to visit the site to assess the condition of space. 12. AAI will not be liable to give any rebate or compensation due to poor business, etc. and no request for reduction of licence fee will be entertained. 13. AAIis not responsible for any postal delay or delay due to link failure / internet problem etc. in respect of submission / receipt of any document or in submission of e ‐bid. It is the responsibility of the Bidder to make sure that the required documents/e ‐bid is submitted in time. AIRPORT DIRECTOR
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CHECK LIST (SELF ATTESTED COPIES OF DOCUMENTSTO BE UPLOADEDMANDATORILY BY THE BIDDER ALONG WITH TENDER APPLICATIONINTECHNICAL BID)
Sl.No. Particulars Whether If submitted, Submitted page nos. 1. Forwarding Letter (As per Annexure -I) 2. Unconditional Acceptance of Tender Document – (Annex.-II) 3. Copy of Demand Draft /NEFT/RTGS of Tender Fee 4. Copy of Demand Draft/NEFT/RTGS against EMD 5. Copies of documentary proof towards Experiences [i.e. credential certificate, license agreement, satisf actory job completion certificatesissued by authorities at place of contract, TDS copies (in case private concern). 6. Copy of food license or undertaking of submitting valid food license before commencement of business on company letter head. 7. Self attested cop y of PAN card . 8. Self attested cop y of GST and all applicable taxes in States, wherethesame is applicable.(if not applicable declaration to be submitted to this effectin Rs. 100/- non-judicial stamp paper duly attested by a Public Notary ) 9. Self attested cop yofPF Registration Code (if not applicable declaration to be submitted to this effectin Rs. 100/- non-judicial stamp paper duly attested by a Public Notary ) 10 . Self attested cop y of GST and all applicable Tax registration. (if not applicable declaration to be submitted to this effectin Rs. 100/- non-judicial stamp paper duly attested by a Public Notary ) 11. No dues certificates (up to 30.06.2017) in case of ex- licensee / existing licensee of AAI as per General Information & Guidelines. 12. Details of contracts with AAI, if applicable (Annex -III) . 13. Duly certified Profit & Loss Account, Balance Sheet from Chartered Accountant as per NIT. 14. Details of Concern and legal status that is whether it is sole proprietor, partnership or a company under the Companies Act. 15. Copy of self attested Authorisation letter , if the tender is signed by a person other than owner/proprietor. 16. Declaration on Rs.100/- non-judicial stamp paper regarding (a) regarding Debar/Black list by CBI, AAI or Government. (b) Facing action under PPE Act with AAI. (c) Outstanding dues ( disputed / undisputed) with AAI as a whole. Details to be given as mentioned in NIT. 17. A signed tender document to be uploaded 18. Price / Financial e-Bid to be quoted online through e-portal only as mentioned in NIT. No copies regarding Financial Bid to be submitted in Technical Bid. Nothing to be mentioned regarding offer price in technical bid or in tender document.
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CPPP under GePNIC , Help Desk Services
1) For any technical related queries, please call the Helpdesk. The 24 x7 help Desk Number 0120-420062, 120-4001002 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. Mobile: 91- 8826246593. 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), Kindly contact the respective Tender Inviting Authority. 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 GePNIChttp://etenders.gov.in.The help desk services shall be available on all working days (Except Sunday and Gazetted Holidays) 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 Persons Escalation E-Mail Address Contact Timings No. Matrix Numbers 1. Help Desk Team Instant [email protected] 011-24632950, 0800–2000 Hrs. Support Ext- 3512 (Six (MON – SAT) Lines) 2. Jr. Exe. (IT) After 04 Hours sanjeevkumar@aai. 011-24632950. 0930-1800 Hrs. of issue aero Ext- 3505 (MON-FRI.) 3. AGM(IT) After 12 Hours [email protected] 011-24632950, 0930-1800 Hrs. Ext-3523 (MON-FRI) 4. Jt. General Manager After 12 Hours [email protected] 011-24651507 0930-1800 Hrs. (IT) (MON-FRI) 5. General Manager(IT) After 03 Days [email protected] 011-24657900 0930-1800 Hrs. (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 the tenders published on the portal, bidders are advised to contact concerned Bid Manager of AAI.
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GENERAL INFORMATION/GUIDELINES 1. Tender Documents are not transferable. 2. Tender documents should be submitted Online only through Government of India e- Public Procurement Portal Http://etenders.gov.in . 3. Tenderer(s) must use tender documents downloaded in his/their name from e-Public Procurement Portal for which a serial number has been allotted from the e-Portal. 4. The Tender Document is in two bid system viz Technical Bid and Financial Bid. 5. Technical Bid: - Technical Bid shall be opened/scrutinized first and shall contain scanned copies of basic documents to be uploaded specified as under:- a). A copy of the Demand Draft of Tender Fee The tenderers are required to deposit Earnest Money Deposit of Rs.1, 23,000/- (Rupees One Lakh Twenty Three Thousand Only) through Demand Draft/RTGS/NEFT in favour of “Airports Authority of India”, payable at Ranchi. A copy of the demand Draft/RTGS/NEFT of the EMD is to be uploaded with the Technical Bid documents at the time of submission of e-tender. The particulars of current Bank Account are mentioned in clause- 4 of NIT. b). Documents pertaining to eligibility as per Notice Inviting Tender, which includes the following:- (i). The Bidders/Participants should possess valid Food License issued by competent authority of State/Central Govt. Copy of this certificate should be submitted along with the submission of tender document in Technical Bid. Bidders/Participants not having a valid food license should submit an undertaking of submitting the food license before commencement of the license. The agency will not be permitted to commence business without submitting a copy of valid food license. However, no extension in gestation period will be given due to non-submission of valid food license.
(ii). The Bidders/Participant should have minimum of 03 years’ experience during the last seven years from the date of publication of tender document, i.e. as on 09.10.2017, in operating similar facilities/restaurant in airports or reputed city mall. The experience from private parties shall be supported by TDS certificate.
(iii)The Bidders/Participants not having their own restaurant/ business as per eligibility criteria indicated elsewhere but they are in the field of similar business with other party for continuously more than 3 years during the last seven years from the date of publication of tender document , shall submit valid copy of similar business agreement towards his share, to be produced with complete financial report to verify the Gross Annual Turnover.
(iv)The turnover should be in any of the last 5 financial years from the date of publication of tender documents, at least 50% of the turn over should be from the same kind of business.
(v) Gross Turn Over Criteria a. The Bidders/Participants should have Annual Gross Turnover equivalent to six months of MRLF (i.e. Rs. 2,05,000 x 6 = Rs. 12,30,000/-). b. Qualifying turnover should be in any of the last 5 financial years, publication of tender document, i.e. as on 09.10.2017. c. Qualifying turnover specified above should be at least 50% from the same kind of business. d. The turnover details should be duly certified by a Chartered Accountant .
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c. In case of hotels running their restaurants the breakup of turnover with specific mention of turnover from restaurant business should be submitted duly certified by the Chartered Accountant .
d. Self attested copies of the PAN card. e. Self attested copy of GST Registration (if not applicable declaration on non-judicial stamp paper of Rs. 100/- needs to be submitted to this effect duly attested by a Public Notary). f. Self attested copy of PF Registration Code (if not applicable declaration on non- Judicial stamp paper of Rs. 100/- needs to be submitted to this effect duly attested by a Public Notary). g. Self attested copy of GST and all applicable Tax Registration, (if not applicable declaration on non-judicial stamp paper of Rs. 100/- needs to be submitted to this effect duly attested by a Public Notary). h. No dues certificate, in case of ex-licensee/existing licensee from allAAI airports as may be applicable. i. Declaration giving the particulars of contracts undertaken by the party at different stations of AAI (As per Annexure-III). j. Copies of (duly audited and certified by Chartered Accountant) Profit And Loss Accounts/Balance Sheet of the Sole Proprietor concern or a partnership firm, annual report in case of company as per Companies Act. k. Details of the concern and legal status that is whether it is sole proprietor, partnership firm or a company under the Companies Act. l. Form of unconditional acceptance of AAI’s terms & conditions as per NIT, duly signed.(As per Annexure- II). m. Copy of self attestedAuthorisation letter, if the tender is signed by a person other than owner/proprietor. n. Copy of food license or undertaking of submitting valid food license before commencement of business on company letter head. o. Submission of affidavit on non-judicial stamp paper of Rs. 100/- (Rupees One Hundred ) duly attested by Public Notary regarding (i) Party is not black listed or debarred by CBI or AAI, or any Govt. Of India department, any central or state public sector undertakings (NIL statement also to be submitted) (ii) Declaration of causes/action under PPE Act initiated by AAI. (NIL statement also to be submitted) (iii) Declaration giving the details of outstanding dues (disputed/undisputed) settled or pending for payment as ordered by the court of law. (NIL statement also to be submitted)
In case any or all the provisions mentioned above (e) to (g) are not applicable, the party should give a declaration to that effect on Non-judicial stamp paper of Rs. 100/- duly attested by a Public Notary. Non-submission 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. p.Self-attested copies of Memorandum and Articles of Association in case of Companies and Partnership deed in case of firms and approved by law in case of co-operative societies. q.Details of experience in the trade for which tenderer(s) intend to participate along with supported authenticated documents. Credential certificate, Licence Agreement & Job Completion Certificate issued by the authorities at the place AAI/RC/COMCL/REST_OUTSIDE/N32Date :09.10.2017 Page 14 of 50
of contracts in favour of tenderer(s). The experience from private parties shall be supported by TDS certificates of similar contract duly certified by Chartered Accountant. r. The Tenderer(s) shall give the list of his near relatives employed in AAI as perAnnexure- IV. NOTE:One set of scanned copy of complete technical documentation comprising of documents as listed at clause 5 (a to r) of the General Information & Guidelines shall be uploaded along with the Technical Bid. In case tender uploaded by the tenderers is not accompanied by any of the documents stated above at Para 5 (a to r), such tender shall not be considered. IMPORTANT: AAI reserves the right to verify, refer any document to the concerned Authority of confirmation from case to case basis. Mere submission will not bind AAI to accept the documents as valid for opening of Financial Bid. 6. Financial Bid : The Financial e-Bid should be uploaded in prescribed format available at Government of India Public Procurement Portal http://etenders.gov.in and the following shall also form part 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 Airports Authority of India(AAI) including the following. ‹ Tenderer shall submit only one offer. Conditional offers or alternate offer will not be entertained and will be out rightly rejected. ‹ The tenderer should quote over and above the minimum reserve licence fee of Rs. 2,05,000/- per month (plus GST and all applicable taxes extra). ‹ Licensee shall be liable to pay space rent for space allotted to him along with utility charges, as applicable in addition to quoted licence fee. ‹ Special care should be taken to indicate the offer in figures as well as in words, in such a way that interpolation is not possible. ‹ In case of discrepancy between the amount offered in figures and words, the offer written in words will only be considered. 7. On acceptance of the tender, the name of the tenderer, the name of the accredited representative(s) of the Tenderer who would be responsible for taking instructions from authorized official of the AAI is to be intimated.
8. Silence or the use of the word “Noted” against any of the tender conditions shall mean Tenderer agrees to comply with that/those conditions. 9. 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) No party or legal entity is allowed to submit more than one tender. c) In case of partnership firms, as it does not have any legal entity of 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. d) 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 AAI/RC/COMCL/REST_OUTSIDE/N32Date :09.10.2017 Page 15 of 50
tender from/or before submission of tender (applicable for Tender downloaded from website). Also it will be mandatory for them to submit the basis and proof of the relationship during the Technical Bid stage. e) 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. 10. Downloading of tender form will be stopped on due date and time as given in the tendernotice. 11. 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 one year, on account of non-completion of the following:- a) Acceptance of the offer within 10 day from the date of award. b) Payment of advance licence fee for one month within 15 days from the date of the award letter. c) Licensee shall deposit an amount equal to Six (06) months licence fees (including space rent of current Financial year)of the first year to be deposited in the first phase. Amount equivalent to six months license fee of the sixth year to be paid in the sixth year i.e. party should deposit the difference of the license fee (including space rent of current Financial year) of 6 month (sixth year) reduced by the amount of SD already paid. Payment of Security Deposit will be accepted only in the form of Demand Draft/Pay Order/Bank Guarantee of a Nationalized/ Scheduled Bank in favour of “Airports Authority of India”, payable at Ranchi within 15 days from the date of the award letter. Bank Guarantee from Co-operative Bank and Gramin Bank will not be accepted. The bank guarantee shall be valid during the currency of contract and 03 months thereafter. No Interest is payable on Security Deposit. d) The successful bidder shall deposit Rs. 30,000/-(Rupees Thirty Thousand Only ) as Security Deposit required for Electricity/ Water/ Telephone etc.within 15 days from the date of issue of Award Letter. No Interest is payable on Security Deposit. e) Execution of the Agreement shall be done within 15 days from the date of issue of Award letter. f) A maximum of 90 days of gestation period or actual commencement of commercial operation whichever is earlier will be permitted.
i) Commercial billing will start on expiry of gestation periodw.e.f. 91st day from the date of issue of Award Letter irrespective of whether the business has been commenced or not. ii) If the licensee starts his business before expiry of gestation period (an intimation to this effect needs to be submitted by the licensee), in that case billing will be started from the date of actual commencement of the business. 12. The handing-over/taking-over of the facility/space shall be done within 15 days from the issue of award letter.
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13. The joint measurement of facility should be conducted by AAI and the party within 15 Days from the date of issue of Award Letter. The joint measurement should form part of the agreement. If the party fails to depute any authorized representative within 15 Days then AAI representative may conduct the measurement and inform the party that the same will be forming part of the agreement and will be binding by the party. 14. Tender(s) will remain valid for a period of 180 days from the date of opening of the Technical Bid. If any tenderer withdraws during the validity period, his Earnest Money Deposit will be forfeited. However, the tenderer(s) can withdraw their Earnest Money Deposit after the validity period. The Tenderer(s) may extend the validity of their tender(s) with the consent of AAI. 15. The Tenderer (s) shall give list of near relatives employed in AAI. (Annexure-IV). 16. The successful bidder shall intimate the names of the persons employed by him or going to employ, who are near relatives of AAI employees. 17. The EMD will be refunded to unsuccessful bidders within 15 days of the opening of Financial Bid. 18. In case of H1,amount of EMD may be adjusted against SD amount and SD for balance amount should be given by the successful bidder. 19. If the Licensee does not operate the licence till the entire contract period then the party is liable to pay demurrage charges as per Licence Agreement –General Terms And Conditions. 20. Conditions for Debarring And Blacklisting parties 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 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 01 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 the party will be debarred till he obtains a clearance from the concerned Authority. c) If at any stage AAI finds that the party has 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 (03) years from participation in AAI tenders. d) If the licensee does not operate the license up-to 50% of the contract period then the party is liable to be debarred for next one year. 21. Post bid and pre bid query shall be carried out through e-mode only. 22. 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 with the consent of the tenderer. 23. AAI reserves the right to reject any or all tender(s) in part or full without assigning any reason. 24. All the above guidelines will form the part and parcel of the NIT. 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”.
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GENERAL TERMS & CONDITIONS
The Authority hereby covenants with the 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 authorised 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 of the Airport or by any other officer for the time being authorised 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. 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 Director 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 authorised 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 authorised by them in the maintenance of public health of the Airport including sanitation control prevention of infectious diseases, control and prevention of nuisance 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 skilful 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
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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 authorised 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) Licensee 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 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. 15. 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. 16. 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. 17. The Licensee shall not hold or permit to be held any public or private auction in the licensed premises. 18. 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 excess of the retails 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 articles or articles, if in its opinion, the prices
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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. 19. 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 theCentralGovernment or of the State Government within whose jurisdiction the Airport issituated on such Terms & conditions as may be fixed by the said Publications Division or said Tourist Department. 20. 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. 21. 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 by the Airport Director of the Authority. 22. If because of any strike or lock-out 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 airport for total operation shall be granted as per the merit of the case and policy laid down by AAI from time to time. 23. 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 be liable for any loss suffered by the Licensee in such an event the Licensee shall not be entitled to any reduction in the fees payable to the Authority or permission for sale of Additional items. 24. 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 device on the said outer door of the shop. 25. 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. 26. 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
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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. 27. 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. 28. The Authority, its servants and agents shall at all times have the absolute right of entry into the said premises. 29. The provision of the Public Premises (Eviction of Unauthorised 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 matters provided in the said Act. 30. Dispute Resolution Committee (DRC): - In case of any dispute, the Licensee may refer the case in writing to the DRC of the Ranchi Airport. The licensee will have to first deposit the disputed amount with AAI and the consent shall be given by the licensee for acceptance of the recommendation of the DRC. The DRC will give its clear recommendation within 15 days of the reference of the case. The Licensee will be given opportunity to present its views on person to the DRC in addition to the written statement. The recommendations will be put up to the Competent Authority for decision. The whole process shall be completed within 30 days. 31. Arbitration Clause: - This clause shall be invoked only in case the dispute is not resolved by the DRC within 45 days. Once this clause in invoked, the DRC process will cease to be operative. 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 Unauthorised Occupants] Act and the rules framed there-under which are now enforced or which may hereafter come into force are applicable), 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. The award of the arbitrator so appointed shall be final and binding on the parties. The Arbitration & Conciliation Act 1996 shall be applicable. 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. Acceptance or challenging arbitration award by CHQ shall be done after obtaining views/recommendations of the RED-Eastern Region in consultation with law department. 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. 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.
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32. Exit Clause: (a) Normal Termination- The contract will be deemed to be terminated on the last day as given in the agreement provided the extension or renewal is approved by the Competent Authority on or before the last date and communicated to the Licensee in writing and duly accepted by the Licensee. The liability of the Licensee will continue to be payable along with the delayed interest (at the rate mentioned in the agreement) till the same is settled. The Licensee cannot claim the dues to be time barred or ultra-vires even after the contract is deemed to have been terminated by operation of this clause. (b) Termination for cause - If the Licensee or the Authority has invoked the internal dispute resolution clause (as per which the dispute referred to the Dispute Resolution Committee (DRC) is to be completed within a period of 45 days) 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 the Authority the value of license fee equal to the amount of current licence fee for the six months as demurrage charges. 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 by giving requisite notice period. 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 approval will not be added. If the party has served the notice, then the party is liable to pay the demurrage charges as below- Demurrage Charges Notice period Debar Period payable by the Licensee If the Termination occurs before the Six months’ current Next One year expiry of 50% of the period of contract licence fee If the Termination occurs after the expiry Four months’ current of 50% but before the expiry of 75% of Nil licence fee the period of contract If the Termination occurs after the expiry Three months’ current Nil of 75% of the period of contract 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 be deemed to be closed from the date of such enactment. No compensation is payable by the Authority. 33. Penalty for unauthorized occupancy: - Exponential penalty on licensee @ double the licence fee per month in the form of damage charges can be imposed on the Licenseeon unauthorized occupancy of the premises after expiry of contract period.
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34. Rules related to Bank Guarantee: - a) The validity of Bank Guarantee should be for the contract period plus three months. b) Bank Guarantee shall be issued from nationalized banks and Scheduled Banks as per RBI guidelines. However, no bank guarantee from any Co-operative bank or Gramin Bank will be accepted. c) The authorized person signing the contract agreement should obtain a written confirmation from the Issuing bank. d) The Original Bank Guarantee will be maintained by the agreement signing authority of AAI along with the original contract papers. e) In normal circumstances the original BG is to be sent by the bank directly to AAI with a covering letter. In case of any exigency if the BG is brought by the contractor by hand then it should be made mandatory for the contractor to ensure that the bank sends the unsigned copy/ attested photocopy of the BG by post directly to AAI with BG forwarding letter as per Annexure-VI. 35. Extension of Licence: - The Licence may be extended by the Authority after taking approval from the Competent Authority for a maximum period of six months on same terms and conditions on a negotiated Licence fee not less than the one arrived at after 10% escalation to the last licence fee paid. 36. Rebate Clause: - No rebate on any ground is permissible in the licence fee.
(SIGNATURE OF LICENSEE)
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Special Terms and Conditions
1. AAI desires to provide an exclusive restaurant facility for use of passengers and visitors of the airport. Only participants / bidder who are experienced in operating high quality restaurants should apply / bid in this tender. 2. It is also desired that the licensee maintains separate spaces for AC and Non AC Dining. 3. AAI shall provide the bare space for the facility. All modifications, construction, erections of structure for the restaurants shall be done by licensee at his own cost. The licensee shall be expected to construct an attractive restaurant and is also expected to do some value addition in operations. 4. The successful bidder shall submit a copy of valid food license before commencement of the facility. The agency will not be permitted to commence business without submitting a copy of valid food license. However, no extension in gestation period will be given due to non- submission of valid food license.
5. a) The bidder can conduct a survey of the area and business potential of the contract before quoting their bids. No rebate of any sort shall be given due to any reason whatsoever.
b) The bidder is expected to visit the Airport premises and should satisfy himself/herself before submitting his/her bid. Anybody who submits his/her bid will be assumed to have visited the premises and having full knowledge of the premises.
6. The licensee shall maintain a complaint book at the allotted counter(s) and the same should be easily accessible to the passengers for recording their suggestion/complaints which shall be kept open for inspection by the Airport Director or his authorized representatives.
7. The staff shall deal all the passengers with extreme courtesy and caution and any complaint from passengers about misbehavior shall be construed as grounds for un- satisfactory performance. 8. The Licensee shall have no objection to the Authority opening a similar business at the airport or to the authority granting licence to any other(s) for opening similar shop to the said airport. 9. The licensee shall issue proper cash bills to the customers for any purchase. There should be provision of at least two types of e-payment mode made available at the counter. Provision should be made to accept International/ National Credit/Debit cards and other e-payment option as such as paytm/ Bhim/ mobiKwik / m paiseetc. 10. Uniform must be provided by the licensee to the staff engaged by the licensee and the staff has to wear uniform while on duty. The staff shall deal with all the passengers with extreme courtesy and caution and any complaint from passengers about misbehavior shall be construed as grounds for non-performance. 11. On allotment, party has to do all interior works and exterior partition including lockable gate with the specification approved by Airport Director, AAI. Parties are requested to visit the site to assess the condition of space. 12. The licensee has to keep the premises in clean and tidy condition and open for inspection to the satisfaction of the Airport Director, AAI or his representative. The AAI/RC/COMCL/REST_OUTSIDE/N32Date :09.10.2017 Page 25 of 50
proposed restaurant is in front of Airport terminal building and licensee will be required to keep the outside areas neat and clean. Continuous complains with regard to cleanliness inside / outside will lead to termination of contract as per provisions contained in License agreement. 13. The selected tenderer will confine the catering facilities to the restaurant premises only. 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 at outside the Airport area as may be necessitated by demand or as so desired by the Authority. 14. The licensee shall keep the prices of food items comparable to the Local market. Prices of food items shall be displayed by the licensee. And packaged items/articles shall not be sold above the printed MRP. 15. The licensee should display his name prominently. He should also display franchisees approval in the premises. Further, display of any advertisement shall not be permitted in the earmarked area; however, AAI reserves the right to display advertisement. 16. The Restaurant to be kept open for the period as directed by The Airport Director. The licensee shall operate the facility through the operational hours of the Airport. In case flight movement extends beyond normal operational hours, the licensee needs to keep open the facility till completion of the flight movement. Ranchi Airport is going to have 24 hours of operation w.e.f. summer schedule of year 2018. The licensee shall keep the restaurant open during all the watch hours. 17. The licensee shall be solely responsible for the safety and security of passengers/property in the premises.
18. Designing, setting up and installation of the Display Boards shall be arranged by the licensee at his own cost to offer a pleasing ambience international standard to Airport . Designing, setting up and installation material shall be selected so as to match the existing aesthetics of the Airport, after obtaining prior approval of AAI in the allotted space.
19. Objectionable material display will not be permitted. AAI also reserves the right not to allow any advertisement of certain commodities.
20. The Authority has the right to check, search examine the persons and the belongings of theEmployees / representatives and agents of the contractors while entering / leaving the premises and they shall not leave the premises unless authorized by the concerned authority. 21. In case any employee is found engaged in doing any other work which is not relevant to the scope of this licence, his entry permit shall be confiscated and cancelled and the licensee shall dispense with his service forthwith and arrange replacement in his place immediately.
22. The licensee shall comply with all applicable laws, ordinance, Rules & Regulations prescribed in Contract Labour Act 1970, EPF Act 1952, ESI Act 1948; Payment of Wages Act 1936, and Minimum Wages Act 1948 and Workman Compensation Act 1923 in respect of this contract and shall pay at his own cost all charges in connection therewith.
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23. The licensee is liable to pay the GST and all applicable taxes and/ or any other statutory taxes as per the rules framed by Central / State Government from time to time.
24. Licensee shall ensure that police verification and other documents as per BCAS guidelines are submitted in time for getting Airport Entry Permits.
25. PIC will be issued as per the guidelines of BCAS and on payment of applicable charges by the Licensee. 26. The Licensee shall not erect or display any advertisement or signboards without prior and written approval of Airport Director, AAI. 27. AAI shall handover bare space to the licensee and the licensee at his own cost is required to renovate/interior decorate the store with fire retardant material which shall also give aesthetic look and should match with the surroundings. The plan of the shop shall be submitted to the authority in advance for prior approval. 28. No structural additions, alterations or modifications whatsoever to the said premises is permissible, without prior written approval of the Airport Director. 29. The Licensee shall use the said premises only for the purpose mentioned in the agreement and for no other purposes whatsoever, unless permitted by Airport Director, AAI. 30. The authority shall not be responsible in any way for the loss or damage by any means caused to the licensee’s men or property. Licensee shall be solely responsible for any such loss / claims. 31. The Licensee shall fix the Electricity meter at his own cost for the area for which electricity charge is applicable. 32. The licensee shall abide by all the terms and conditions of AAI and rules and regulations of Central/ State Govt. Authorities as may be enforced from time to time. 33. No rebate in licence fee shall be considered/allowed to on account of temporary closure of Airport, reduction in the no. of flight operation etc. and also in case of ban of visitors at airport imposed by BCAS and/or statutory Authority and or AAI or any restriction imposed by any regulatory/statutory at the Airport in regard to the services. 34. All the above guidelines will form part of the agreement.
35. Non-compliance of the above terms & conditions will be construed as “Un- satisfactory Performance &Violation of terms & conditions of Tender Document” and shall be dealt in accordance with Clause No. 20 of General Information & Guidelines.
(SIGNATURE OF LICENSEE)
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PRE CONTRACT INTEGRITY PACT
This Pact made this ______day of ______between Airports Authority of India a body corporate constituted by the Central Government under the Airports Authority of India Act 1994 and having its Corporate Office at Rajiv Gandhi Bhawan, New Delhi and offices at ______in India, 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 “Bidder/Contractor” (which term shall unless excluded by or is repugnant to the context be deemed to include its heirs, representatives, successors and assigns of the Bidder/Contractor)
WHEREAS the Authority intends to award, under laid down organizational procedures, tender/contract for ______. The Authority, while discharging its functions on business principles, values proper compliance with all relevant laws and regulations and the principle of natural justice, ethics, equity, fairness and transparency in its relations with the Bidders/Contractors.
WHEREAS the Authority is desirous to make its business mechanism more transparent thus to ensure strict adherence of the aforesaid objective/goals, the Authority hereby adopts the instrument developed by the renowned international non-governmental organization “Transparency International” (TI) headquartered in Berlin(Germany). The Authority will appoint an Independent External Monitor (IEM) who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above.
AND WHEREAS the Bidder is submitting a tender to the Authority for ______in response to the NIT(Notice Inviting Tender) dated ______Contractor is signing the contract for execution of ______
NOW, therefore,
To avoid all forms of corruption by following a system that is fair, transparent and free from any influence /prejudiced dealings prior to during and subsequent to the currency of the contract to be entered into with a view to
Enabling the Authority to obtain the desired said stores/equipment/execution of works at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement, and
Enabling Authority to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the Authority will commit to prevent corruption, in any form, by its officials by following transparent procedures.
The parties hereto hereby agree to enter into this Integrity Pact and agree as follows;
1. Commitments of the Authority. 1.1 The Authority undertakes that no official of the Authority, connected directly or indirectly with the contract will demand, take a promise for or accept directly or AAI/RC/COMCL/REST_OUTSIDE/N32Date :09.10.2017 Page 28 of 50
through intermediaries, any bribe, consideration, gift, reward, favour or any material or immaterial benefit or any other advantage from the BIDDER, either for themselves or for any person, organization or third party related to the contract in exchange for an advantage in the bidding process, bid evaluation contracting or implementation process related to the contract. 1.2 The Authority will during the pre-contract stage, treat all BIDDER alike and will provide to all BIDDERs the same information and will not provide any such information to any particular BIDDER which could afford and advantage to that particular BIDDER in comparison to other BIDDERs. 1.3 All the officials of the Authority will report to the appropriate authority office any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach.
2. In case any breach preceding misconduct on the part of such official(s) is reported by the BIDDER to the Authority with full and verifiable facts, and the same is prima facie found to be correct by the Authority, necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may be initiated by the Authority and such a person shall be debarred from further dealings related to the contract process. In such a case which an enquiry is being conducted by the Authority the proceedings under the contract would not be stalled.
3. Commitments of Bidders/Contractors.
The Bidder/Contractor commits itself to take all measures necessary to prevent corrupt practice, unfair means and illegal activities during any stage of its bid or during any pre-contract stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the following: 3.1 The Bidder/Contractor will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commissions, fees, brokerage or inducement to any official of the Authority, connected directly or indirectly with the bidding process, or to any person, organization or third party related to the contract in exchange for any advantage in the bidding evaluation, contracting and implementation of the contract. 3.2 (i) The Bidder/Contractor further undertakes that it has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees brokerage or inducement to any official of the Authority or otherwise in procuring the contract or forbearing to do or having done any act in relation to the obtaining or execution of he contract or any other contract with the Authority for showing or forbearing to show favour or disfavor to any person in relation to the contract or any other contract with Authority. (ii) The Bidder/Contractor has not entered and will not enter with other bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specification, certification, subsidiary contracts, submission or not-submission of bids or any actions to restrict competitiveness or to introduce cartelization in the bidding process. 3.3 The Bidder/Contractor shall when presenting his bid, disclose the name and address of agents and representatives and Indian BIDDERs shall disclose their foreign principals or associates. 3.4 The Bidder/Contractor shall when presenting his bid disclose any and all the payments he has made or, is committed to or intends to made to agents/brokers or any other intermediary, in connection with this bid/contract. 3.5 The Bidder/Contractor further confirms and declares to the Authority that the BIDDER is the original manufacturing/integrator/authorized government sponsored export entity of the stores and has not engaged any individual or firm or company AAI/RC/COMCL/REST_OUTSIDE/N32Date :09.10.2017 Page 29 of 50
whether Indian or foreign to intercede, facilitate or in any was to recommend to the Authority or any of its functionaries, where officially or unofficially to the award of the contract to the BIDDER, not has any amount been paid, promised or intended to be paid to any such individual, firm or company in respect of any such intercession, facilitation or recommendation. 3.6 The Bidder/Contractor, either while presenting the bid or during pre-contract negotiations or before signing the contract, shall disclose any payments he has made, is committed to or intends to made to officials of the Authority or their family members, agents brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments. 3.7 The Bidder/Contractor will not collude with other parties interested in the contract to impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract. 3.8 The Bidder/Contractor will not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities. 3.9 The Bidder/Contractor shall not use improperly, for purposes of competition or personal gain, or pass on to others, any information provided by the Authority as part of the business relationship, regarding plans, technical proposals and business details, including information contained in any electronic date carrier. The Bidder/Contractor also undertakes to exercise due and adequate care lest any such information is divulged. 3.10 The Bidder/Contractor will inform to the independent External Monitor. i) If he receives demand for an illegal/under payment/benefit. ii) If he comes to know of any unethical or illegal payment/benefit. iii) If he makes any payment to any authority’s associates(s) 3.11 The Bidder/Contractor commits to refrain from giving any complaint directly or through any other manner without supporting it with full and verifiable facts. 3.12 The Bidder/Contractor shall not instigate or cause to instigate any third person to commit any of the actions mentioned above. 3.13 If the Bidder/Contractor or any employees of the Bidder/Contractor or any person acting on behalf of the Bidder/Contractor, either directly or indirectly is a relative of any of the officers of the Authority, or alternately, if any relative of any officer of the Authority has financial interest/stake in the Bidder’s/Contractor’s firm, the same shall be disclosed by the Bidder/Contractor at the time of filing of tender. The term ‘relative’ for his purpose would be as defined in section 6 of the Companies Act 1956. 3.14 The Bidder/Contractor shall not lend to or borrow any money from or enter into any monetary dealings or transaction, directly or indirectly, with any employee of the Authority. 3.15 That if the Bidder/Contractor, during tender process or before the award of the contract or during execution of the contract/work has committed a transgression in violation of section 2 or in any other form such as to put his reliability or credibility as Bidder/Contractor into question, the Authority is entitled to disqualify his from the tender process or to terminate the contract for such reason and to debar the BIDDER from participating in future bidding process. 4. Previous Transgression: 4.1 The Bidder/Contractor declares that no previous transgression occurred in the last three years immediately before signing of this Integrity Pact, with any other company in any country in respect of any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any Government Department in India that could justify Bidder’s exclusion from the tender process.
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4.2 The Bidder/Contractor agrees that if it makes incorrect statement on this subject, he can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason and he may be considered for debarment for future tender/contract processes. 4.3 That the Bidder/Contractor undertakes to get this Pact signed by the sub-contractor(s) and associates(s) whose value of the work contribution exceeds Rs.2.5 crores (Rupees Two Crores Fifty lakhs) and to submit the same to the Authority along-with the tender document/contract before contract signing. 4.4 The Sub-contractor(s)/associate(s) engaged by the Contractor, with the approval of the Authority after signing of the contract, and whose value of the work contribution exceeds Rs.2.5 (Rupees Two Crores Fifty Lakh) will be required to sign this Pac by the Contractor, and the same will be submitted to the Authority before doing/performing any act/function by such sub-contractor(s)/associate(s) in relation to the contract/work. 4.5 That the Authority will disqualify from the tender process all Bidder(s) who do not sign this Pact or violate its provision or fails to get this Pact signed in terms of section 4.3 or 4.4 above. 4.6 That if the Contractor(s) does/do not sign this Pact or violate its provisions or fails to get this Pact signed in terms of Section 4.3 or 4.4 above. Authority, will terminate the contract and initiate appropriate action against such Contractor(s)
5. Earnest Money, Security Deposit, Bank Guarantee, Draft, Pay Order or any other mode and its validity i/c Warranty Period, Performance Guarantee/Bond.
While submitting bid, the BIDDER shall deposit an EMD/SD/BG/DRAFT/PAY ORDER ETC I/C WARRANTY PERIOD, PG/BOND, VALIDTY ETC., which is as per terms and conditions and details given in NIT/tender documents sold to the Bidders.
6. Sanction for Violation/Disqualification from tender process and exclusion from future Contracts.
6.1 Any breach of the aforesaid provisionally by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER) shall entitle the Authority to take all or any one of the following actions, wherever required:-
(i) To immediately call of the pre contract negotiations without assigning any reason or giving any compensation to the BIDDER. However, the proceedings with the other BIDDER(s) would continue. (ii) To immediately cancel the contract, if already signed, without giving any compensation to the BIDDER. (iii) If the Authority has disqualified/debarred the Bidder form the tender process prior to the award under section 2 or 3 or 4, the Authority is entitled to forfeit the earnest money deposited/bid security. (iv) To recover all sums already paid by the Authority, and in case of an Indian BIDDER with interest thereon at 2% higher than the prevailing Prime Lending Rate of Sate Bank of India, while in case of a BIDDER from a country other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment is due to the BIDDER from the Authority in connection with any other contract or any other stores, such outstanding payment could also be utilized to recover the aforesaid sum and interest. (v) To encash the advance bank guarantee and performance bond/warranty bond if furnished by the BIDDER in order to recover the payments, already made by the BUYER, along with interest.
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(vi) To cancel all or any other Contracts with the BIDDER. The BIDDER shall be liable to pay compensation for any loss or damage to the Authority resulting from such cancellation/recession and the Authority shall be entitled to deduct the amount so payable from the money(s) due to the BIDDER. (vii) To debar the BIDDER from participating in future bidding processes for a minimum period of three years, which may be further extended at the discretion of the Authority. (viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any middleman or agent or broker with a view to securing the contract. (ix) In case where irrevocable Letters of Credit have been received in respect of any contract signed by the Authority with BIDDER, the same shall not be opened. (x) Forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact. (xi) That if the Authority have terminated the contract under section 2 or 3 or 4 of if the Authority is entitled to terminate the contract under section 2 or 3 or 4, the Authority shall be entitled to demand and recover from the contractor damages equivalent to 5% of the contract value or the amount equivalent to security deposit or performance bank guarantee, whichever is higher. (xii) That the Bidder/Contractor agrees and undertaken to pay the said amount without protest or demur subject only to condition that if the Bidder/Contractor can prove and establish to the satisfaction of the Authority that the disqualification/debarment of the bidder from the tender process or the termination of the contract after award of the contract has caused no damage to the Authority.
6.2 The Authority will be entitled to take all or any of the action mentioned at para 6.1(i) to (xii) of this Pact also on the Commission by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER), of an offence as defined in Chapter IX of the Indian Penal Code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption. 6.3 That if the Bidder/Contractor applies to the Authority for premature revocation of the debarment and proves to the satisfaction of the Authority that he has installed a suitable and effective corruption prevention system and also restored/recouped the damage, if any, caused by him, the Authority may, if thinks fit, revoke the debarment prematurely considering the facts and circumstances of the case and the documents/evidence adduced by the Bidder/Contractor for first time default. 6.4 That a transgression is considered to have occurred if the Authority is fully satisfied with the available documents and evidence submitted along with Independent External Monitor’s recommendation/suggestions that no reasonable doubt is possible in the matter. 6.5 The decision of the Authority to the effect that a breach of the provisions of this Pact has been committed by the BIDDER shall be final and conclusive on the BIDDER. However, the BIFFER can approach the Independent External Monitor(s) appointed for the purpose of this pact.
7. Allegations against Bidder/Contractors/Sub-Contractors/Associates.
That if the Authority receives any information of conduct of a Bidder/Contractor of Sub- Contractor or of an employee or a representative or any Associate of a Bidder, Contractor or Sub-Contractor which constitute corruption or if the Authority has substantive suspicion in this regard the Authority will inform the Vigilance Department for appropriate action.
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8. Independent External Monitor(s).
8.1 That the Authority has appointed competent and credible Independent External Monitor(s) for this Pact. 8.2 The task of the Monitor is to review independently and objectively whether and to what extent the parties comply with the obligations under this Pact. He will also enquire into any complaint alleging transgression of any provision of this Pace made by the Bidder, Contractor or Authority. 8.3 That the Monitor is not subject to any instructions by the representatives of the parties and would perform his functions neutrally and independently. He will report to the Chairperson of the Board of the Authority. 8.4 That the Bidder/Contractor accepts that the monitor has the right to access without restriction to all project documentation of the Authority including that provided by the Bidder/Contractor. The Bidder/Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation including minutes of meeting. The same is applicable to Sub-Contractors and associates. The Monitor is under obligation to treat the information and documents of the Authority and Bidder/Contractor/Sub- Contractor/Associates with confidentiality. 8.5 That as soon as the Monitor notices, or believes to notice, a violation of the Pact, he will so inform the management of the Authority and request the management to discontinue or heal the violation, or to take other relevant action. The Monitor can in this regard submit his recommendations/suggestions. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 8.6 That the Authority will provide to the Monitor sufficient information about all meetings among the parties related to the project provided such meetings could have an impact on the contractual relations between the Authority and the Contractor/Bidder. The Parties offer to the Monitor the option to participate in such meetings. 8.7 That the Monitor will submit as written report to the Chairperson of the Board of the Authority within 2 weeks from the date of reference or intimation to him by the Authority and should the occasion arise, submit proposals for correcting problematic situation. 8.8 That if the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence under relevant Anti-Corruption Laws of India and the Chairperson has not within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Department, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India. 8.9 The word ‘Monitor’ would include singular and plural.
9. Facilitation of Investigation.
In case of any allegation of violation of any provisions of this Pact or payment of commission, the Authority or its agencies shall be entitled to examine all the documents including the Books of Accounts of the BIDDER and the BIDDER shall provide necessary information and documents in English and shall extend all possible help for the purpose of such Examination.
Law and Place of Jurisdiction.
That this Pact is subject to India Law. The place of performance and jurisdiction is the Corporate Headquarter/the Regional Headquarter/office of the Authority as applicable.
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10. Other Legal Actions: 10.1 That the changes and supplements as well as termination notice need to be made in writing. 10.2 That if the Bidder/Contractor is a partnership or a Consortium, this Pact must be signed by all the partners and consortium members or their authorized representatives. 11. Pact duration (Validity) 11.1 That this Pact comes into force when both the parties have signed it. It expires for the Contractor 12 months after the final payment under the respective contract and for all other Bidders 3 months after the contract is awarded. 11.2 That if any claim is made/lodged during this period, the same shall be binding and continue to be valid despite the lapse of this Pact as specified herein before, unless it is discharged/determined by Chairman of the Authority. 11.3 That should one or several provisions of this Pact turn out to be invalid, the remainder of this Pact shall remain valid. In this case, the parties will strive to come to an agreement to their original intention. 12. Company Code of Conduct:
Bidders are also advised to have a company code of conduct (clearly rejecting the use of bribes and other unethical behavior) and a compliance program for the implementation of the code of conduct throughout the company.
13. The parties hereby sign this Integrity Pact at ______on ______
Buyer BIDDER
Name of the Officer CHIEF EXECUTIVE OFFICER Designation Deptt./Ministry/PSU Witness Witness
1…………………………………….. 1………………………………………
2…………………………………… 2………………………………………
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TENDER SET NO :AAI/RC/COMCL/RESTOUTSIDENITB/N-32 Date : 09.10.2017. FORM OF FINANCIAL BID
1. Tender for Restaurant Outside NITB, at Birsa Munda Airport, Ranchi. 2. Period of Licence 07 (Seven) years 3. Minimum Reserved Licence Fee (per Rs.2,05,000/- per month month) [in words & figure] 4. Name & Address of the tenderer : ______(in block letters) : ______: ______5. Status of the tenderer (Proprietorship / : ______Partnership/ Limited Company) ______6. Name of Proprietor, Partners/ Managing : ______Director as the case may be, to be ______indicated ______7. Offer of Licence fee per month (excluding OFFERED AMOUNT SHALL BE QUOTED GST and all applicable taxes) for the first IN PRESCRIBED FORMAT IN ‘’Government year. Beyond one year period of licence, of India Public Procurement portal the amount of quoted licence fee shall be http://etenders.gov.in ” IN INDIAN RUPEES compounded by 10% every year. ONLY.
Note :
i. Offer below MRLF will not be considered for award.
ii. A space of 150 sqm (9.25m x 16.20m) (Approx) [Non-AC space] outside New Integrated Terminal Building will be allotted for Restaurant outside NITB.
iii. The quotedLicence Fee against MRLF shall be subject to annual compound escalation @10%. All the Taxes will be applicable over and above Licence Fee.
iv. In addition to quoted license fee, The successful tenderer is liable to pay space rent (Non AC Space) for 150 sqm. The space rent for the year 2017-2018 will be Rs. 85,500/- per month @ Rs. 570/- per sqm. This space rent is subject to 10% annul escalation on 1 st April every year. The same may be reviewed by AAI, CHQ and the licensee will have to pay accordingly.
v. The successful bidder is liable to pay Utility Charge which is calculated @ 10% of space rent for the area of 150sqm. in addition to quoted licence fee and Space Rent (Non AC) for 2017-18 is @ Rs. 570/- per sqm. per month.
vi. The successful tenderer is liable to pay over and above the quoted Licence Fee with all the applicable taxes, statutory levies, fees as applicable at the rates declared by Govt. of India/State Govt./Local authorities from time to time.
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vii.The licensee shall pay the charges for the consumption of the electricity and water charges as per actual usage on the prevailing tariff as decided by AAI from time to time. The Licensee will be allowed for installation of sub-meter for electricity billing.
8. I/We have carefully read and understood the terms and conditions of the licence as contained in Tender Documents issued by Airports Authority of India (AAI) including the following:
(a) Earnest Money Deposit of Rs 1,23,000/- (Rupees One Lakh Twenty Three Thousand only) is liable to be forfeited by AAI, if on award of license, I/We do not accept the award or do not fulfil any of the conditions stipulated in tender documents, within the prescribed time.
(b) On account of non-acceptance of award or on account of non-completion of tender conditions within the prescribed time, I/We shall be debarred by AAI for further participation in the tenders at its airports or at any other place under the control of AAI, for a period of one year.
(c) In case the documents submitted by my/our firm along with tender are found false/incorrect, the tender of my/our firm will be liable to be rejected by giving any reasons. In addition, AAI reserves its right to forfeit the EMD of my / our firm and debar my/our firm from participation in the further tender of AAI for the next 03 (three) years.
9. AAI reserves itself the right to reject the conditional offer without assigning any reason thereto.
10. The AAI does not bind itself to accept the highest or any tender and reserves to itself the right of accepting the whole or any part of the tender and the tenderer shall be bound to provide the service at the rate quoted.
Signature of the Tenderer______
Name ______
Status ______
Address ______
______
Tel No (Office) ______
Residence ______
Witness:
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LICENCE AGREEMENT
(To be executed on Rs.100/- Non-Judicial Stamp-paper by the successful tenderer. The cost of non-judicial stamp paper to be borne by the agency)
Subject : RESTAURANT OUTSIDE NITB AT BIRSA MUNDA AIRPORT, RANCHI .
THIS AGREEMENT made this______day of ______of Two Thousand Seventeen 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 offices at all the Airports in India represented by Chairman 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 for Restaurant Outside NITB, at Birsa Munda Airport, Ranchi for the purpose of granting licence for Restaurant Outside NITB, at Birsa Munda Airport, Ranchi 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:
AND WHERE AS the Authority is agreeable to grant the licence.
NOW, THEREFORE, this indenture witnessed:
1. That the licence for the said facility shall be valid for the period of 07years from ______to ______, unless terminated earlier on account of following:
(a) By giving 180 days notice in writing from either side without assigning any reason.
(b) Terminated by AAI on a short notice on account of un-satisfactory performance.
(c) Termination on expiry of the specified time period allotted for unresolved internal dispute resolution.
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2. That in consideration, Licensee shall pay the Authority every month in advance by way of licence fee on or before 10th day of English calendar month as under:
Years Amount of Monthly Licence Fee Additional Percentage/Royalty
1st 2nd 3rd 4th 5th 6th 7th 3. That in addition to the above said licence fee, Licensee shall pay all Charges including applicable space rent and Utilization/facilitation charges. Further the licensee shall pay all charges towards 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. The licensee shall deposit an amount of Rs. ______equal to Six (06) months licence fees of the first year to be deposited in the first phase. Amount equivalent to six months license fee of the sixth year to be paid in the sixth year i.e. party should deposit the difference of the license fee of 6 month (sixth year) reduced by the amount of SD already paid. Security Deposit in the form of Demand Draft/ Pay order/Bank Guarantee from a Nationalized/Scheduled Bank in favour of Airports Authority of India. Bank Guarantee from Co-Operative Banks or Gramin Banks will not be acceptable. In the event of outstanding dues exceeds one month, the Authority may without prejudice to other rights 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 (02) 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. The Security Deposit should be upto 03 months after the expiry of contract period. In the event of the Licensee committing any breach of the terms & conditions of the license agreement, the Authority may without prejudice to other rights and remedies is entitled to forfeit/adjust the total amount of Security Deposit or any part thereof. In such an AAI/RC/COMCL/REST_OUTSIDE/N32Date :09.10.2017 Page 38 of 50
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 license 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 in cash/chequeof Rs. 30,000/-(Rupees Thirty Thousand only) as Security Deposit towards Electricity Charges.
9. That the Licensee shall equip himself with all necessary permits, licences and such other permissions as may be required under the law in force at any time with regard to the operation of the subject license.
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 the 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. All the times during the currency of the license agreement, it shall be the responsibility of the licensee to obtain proper fire insurance coverage including theft and burglary in respect of all the 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.
15. That the authority reserves to itself the right to change the location of the premises at any time and may at its discretion to call upon the Licensee to vacate the site and may give him an alternative premise 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 on 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.
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16. 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. The Licensee shall not erect or display any advertisement or signboards except after obtaining the prior approval in writing of the Authority.
18. The licensee shall not terminate the licence before the expiry of the period of the licence except by giving 180 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 180 days notice in writing without assigning any reason thereto.
19. 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. The Authority and the Licensee further agree that they are bound by the Terms & Conditions of tender document and Award Letter, vide No. ______, dated ______, issued to the Licensee.
SIGNED BY ______AIRPORT DIRECTOR, AIRPORTS AUTHORITY OF INDIA, BIRSA MUNDA AIRPORT, RANCHI, FOR AND ON BEHALF OF THE AIRPORTS AUTHORITY OF INDIA,
IN THE PRESENCE OF:
WITNESS:
1.
2.
SIGNED BY ______FOR AND ON BEHALF OF
______IN THE PRESENCE OF:
WITNESS:
1.
2.
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SHEDULES OF PREMISES
1. Area :150 sq.mtr.(Approx) [Dimension 9.25 m x 16.20 m]
2. Location : Outside NITB
3. Purpose : Restaurant Outside, NITB
SPACE TO BE ALLOTED
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Layout Diagram for Restaurant Outside NITB, Birsa Munda Airport, Ranchi
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Annexure: -I
FORM OF COVERING LETTER FOR TENDER DOCUMENT ON LETTER HEAD OF THE BIDDER& SHALL BE SUBMITTED INTECHNICAL BID
To The Airport Director, Airports Authority of India, Birsa Munda Airport, Ranchi – 834002.
Subject: Tender Document for Restaurant Outside NITB, at Birsa MundaAirport,Ranchi, as per Tender document No .AAI/RC/RESTOUTSIDENITB/N32,Date:09.10.2017.
Sir,
I /we hereby apply for the tender of RestaurantOutside NITB, at Birsa Munda Airport, Ranchi. Please find enclosed the following documents: - 1. Unconditional acceptance of the Tender document as per Annexure-II. 2. Details of experience in the trade for which tenderer(s) intend to participate along-with supported authenticated documents. Credential certificate issued by the authorities at the place of contracts in favour of tenderer(s). If the participants/bidders not having their own business as per eligibility criteria indicated elsewhere but they are in the field of similar business with other party for continuously more than 3 years, shall submit valid copy of similar business agreement towards his share, to be produced with complete financial report, to verify the eligibility criteria as per NIT clauses. 3. Earnest Money Deposit of Rs.1,23,000/-(Rupees One Lakh Twenty Three Thousand only) through the “Payment Gateway” available in Government of India Public Procurement Portal http://etenders.gov.in. A copy of the receipt of the EMD to be uploaded with the Tech nical Bid documents at the time of submission of e-tender. 4. Partnership deed in case of partnership Firm. 5. Declaration by the party on Rs. 100/- non-judicial stamp-paper that a. Party is not De-barred/black listed by CBI or AAI or Undertakings/ Departments like; Railway, Defense or any other Department of Govt. of India/State Govt. b. Party is not facing action under PPE Act with AAI. c. Declaration giving the details of outstanding dues (disputed and undisputed). 6. Annexure-III declaring the contracts held (current and past) at all the AAI controlled airports and offices and the details of disputed and undisputed dues thereon along with the details of Security Deposit and mode of Security Deposits. The party should also enclose the no dues certificates issued by AAI in respect of all airports under its control. The No Dues certificate shall refer the application of the party to the concerned station and shall be addressed to the party. It should mention the amount and type of security deposit available against each contract on a particular date. Only signed certificates from respective stations
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‘Commercial In-charge’ will be valid. The photocopies of the signed certificates to be attested by the party at the time of tender submission. It is mandatory to mention the name and address of the Legal Heir of the bidder. 7. The photocopies of the signed no dues certificates issued by AAI in respect of all the contracts held by me having cleared all dues up to 30.06.2017 8. The name and address of the Legal Heir of the bidder. 9. Annexure-IV (list of his near relatives employed in AAI.) 10. The successful bidder shall intimate the names of the persons employed by him or going to employ who are near relatives of AAI employees.
All the photocopies of documents are self attested and stamped by me.
Yours faithfully
Signature of the authorized signatory
(Name of the Signee)
Designation, Address and seal
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Annexure: -II
FORM OF UNCONDITIONAL ACCEPTANCE OF TENDER DOCUMENT& SHALL BE SUBMITTED IN TECHNICAL BID.
To,
The Airport Director Airports Authority of India B.M. Airport, Ranchi
Subject: Unconditional Acceptance of AAI’s Tender conditions mentioned inTenderDocument No. AI/RC/COMCL/RESTOUTSIDENITB/ N32 Dated : 09.10.2017. Sir,
1. The tender documents for the facility Restaurant Outside NITB at Birsa Munda Airport, Ranchi,have been provided to me/us by Airports Authority of India and I/We hereby certify that 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. 2. I/We hereby unconditionally accept the tender conditions of AAI’s tender documents in its entirety for the above facility. 3. The contents of Clause 06 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. 4. 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 of AAI. 5. The required earnest money for this facility is submitted through DD/NEFT/RTGS in favour of “Airports Authority of India”, payable at Ranchi . Copy of the same has been uploaded on Government of India Public Procurement Portal http://etenders.gov.in.
Yours faithfully,
(Signature of the Tenderer) With rubber Stamp Date:
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ANNEXURE-III
THIS FORM TO BE FILLED BY THE TENDERER& SHALL BE SUBMITTED (WITH TECHNICAL BID)
1. Details of licence, if any, held at any airport in own name or in the name of spouse,children,parents, grand children, brothers, sisters or any other near relatives.
a) Nature of licence(s) :
Contract(s) held :
b) Place of licence :
c) Period of licence(s) :
Contract(s) :
d) No Dues Certificate (NDC) from the station-in-charge in respect of no dues to be attached, having cleared all the dues upto 30.06.2017 .
e) Name and address of spouse / legal heirs of the tenderer(s)
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 e) on additional sheets duly signed may be attached.
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ANNEXURE-IV
LIST OF NEAR RELATIVES EMPLOYED IN AAI& SHALL BE SUBMITTED IN (WITH TECHNICAL BID).
S. No. Name Designation Relationship with Place of Posting tenderer(s) (a) (b) (c) (d)
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 d) on additional sheetsduly signed may be attached.
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ANNEXURE - V
For successful bidder only
(Letter of understanding from the Depositor to Bank to be submitted along with Bank Guarantee to Airports Authority of India)
To
The Branch Manager
…………….. Bank
……….,,.
Sub: My/Our Bank Guarantee No……… dated ……………. for Rs…………….. issued in favour of Airports of Airports Authority of India, payable at Ranchi.
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. Airports Authority of India 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, payable at Ranchi.
Signature of the Depositor
Place:
Date: ……………..
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ANNEXURE - VI
FORM OF BANK GUARANTEE
(To be executed on Non-Judicial Stamp Paper of Rs.100/- by the successful tenderer) 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 the Licence for Restaurant Outside NITB, at BirsaMunda Airport, Ranchi 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 at therequest of the licensee we, ______do, hereby irrevocably and unconditionally undertake to pay 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 any consent and knowledge of the Licensee. 3. We shall not be discharged or released 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 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. We further confirm that the Guarantee has been issued with due observance and compliance of the appropriate Exchange Control laws and Foreign Exchange Regulations and other applicable laws as in force in India.
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6. This Guarantee shall be valid till ______and you have the right to encash this Guarantee up to ______from the said date unless extended or demanded by AAI.
NOTWITHSTANDING anything contained herein :
I. Our liability under this Guarantee shall be limited to a sum of ______during the currency of the contract and 3months thereafter. II. This bank guarantee shall be valid up-to ______and you have the right to en-cash this guarantee up-to 90 days from the said date. 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 ______.
For Bank name& Seal Dated:
Place:
Witnesses:
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