License for Executive Lounge at Departure Area 2014 of Tiruchirappalli Intl Airport AIRPORTS AUTHORITY OF INDIA Tiruchirappalli International Airport, Trichy – 620 007 Phone: 0431- 2341810, 2340551 EXTN – 304 & 342FAX: 0431-2341812 Cost of E-tender Document Rs. 5,000/-[Including S.T] Tender Document No.AAI/TR/Comml/ Exe. Lounge/ ET 26/2014 SUBJECT: NOTICE INVITING E-TENDER FOR AWARD OF LICENSE FOR EXECUTIVE LOUNGE AT DEPARTURE AREA AT TIRUCHIRAPPALLI INTERNATIONAL AIRPORT, TRICHY. 01 Index 1 Page 02 Notice Inviting E-Tender 3 pages 03 General Information & Guidelines 3 Pages 04 Special Terms & conditions 1 Pages 05 Licensee Agreement 4 Pages 06 Schedule of Premises 1 Page 07 General Terms & Conditions 6 Pages 08 Acceptance of AAI’s terms & Conditions 1 Page 09 Exist Clause 1 Page 10 E-Tendering guidelines to the bidders 2 Pages Page 1 of 23 Tender form: AAI/TR/COMML/NIT License for Executive Lounge at Departure Area 2014 of Tiruchirappalli Intl Airport AIRPORTS AUTHORITY OF INDIA Tiruchirappalli International Airport, Trichy – 620 007. Phone: 0431-2341810, 2340551 Extn: 304 & 342 FAX: 0431- 2341812 No: AAI/TR/Comml/Exe. Lounge/ Date: 11.11.2014 NOTICE INVITING E-TENDER 1. E-Tender is hereby invited for granting license for the following facility at Tiruchirappalli International Airport. Name of the Facility with location License for Executive Lounge at Departure Area at Tiruchirappalli International Airport, Trichy * Earnest Money Deposit Rs.1,00,000/(Rupees One Lakh only). Minimum Reserved License Fee Rs.1,56,000/- (Rupees One Lakh Fifty Six Thousand only) per month + service tax as applicable. Cost of the Tender Form including ST is Rs.5,000/- Note: a. An area measuring 68 sqm (build-up area) is earmarked at the Departure Area of the Airport, for the facility. b. Offers below MRLF will not be considered for award. c. The quoted License fee against MRLF shall be subject to annual compound escalation @ 10% and the license fee is liable to be revision after three years. In addition, Utilisation / Facilitation charges @ 10% of the applicable space rent are to be paid monthly along with the monthly license fee. d. The successful tenderer is liable to pay all Govt. Taxes including service tax applicable at the rates declared by Govt. of India/State Govt. / Union Territory from time to time. e. A maximum of 60 days of gestation period or actual commencement of commercial operation whichever is earlier will be allowed. The billing will be started from the above date. f. The company who has been awarded the contract should display its name prominently. He should also display the management contract / franchisee contract if any in the same place. 2. The period of license shall be for 5 [Five] years. 3. The parties fulfilling the criteria as per NIT are eligible to participate in the tenders: 4 Eligibility: Scheduled Airlines, Chamber of Commerce, Hotels having categorization as per HRACC are eligible. The scheduled airlines / Chamber of Commerce have to give the name of the hotel or restaurant who will be meeting the catering requirements on their behalf. Page 2 of 23 Tender form: AAI/TR/COMML/NIT License for Executive Lounge at Departure Area 2014 of Tiruchirappalli Intl Airport Having minimum Annual Turnover of not less than Rs.9,36,000/- (Rupees Nine Lakhs Thirty Six thousand only) (half of which should be from same kind of business). The turnover should be in any of the last five (05) financial years. The turnover details should be duly certified by a Chartered Accountant. “If the entity participating in any of the tenders is a private or public limited company, partnership firm or sole proprietor and any of the Directors/ Partners / Sole Proprietor of such company is also a Director of any other company or partner of a concern or a Sole Proprietor having established business with AAI and has outstanding dues payable to the Authority, then the said entity may not be allowed in AAI tenders”. 5. Only one e-tender document shall be sold to a single party either a firm or an individual. The proprietor of more than one company or firm will be considered as single party and one legal entity. 6. Any party either a firm or an individual falling under the following categories is not eligible: a. Debarred/black listed by CBI or AAI or Undertakings/Departments like, Railway, Defence, or any other Department of Govt. Of India, State Govt. Deptt. of commercial at RHQ/Airports is to maintain records of such debarred/black-listed parties in consultation with Vigilance Deptt. At CHQ. In this regard, Deptt. Of Vigilance at Hqrs. May forward an updated list to the Regions/Airports. A declaration to this effect is also to be obtained from the party submitting the tender documents. b. Parties facing action under PPE Act, with AAI. c. Parties either an individual or a business establishment, who has been ordered by a Court of Law to pay the outstanding dues of AAI at any of the airports as a whole and has not paid such dues to AAI shall also not be eligible for the tender. 7. (a) Tender documents indicating full details of the license can be seen at AAI website www.aai.aero or www.airportsindia.org (b) The tendering process is online through AAI e-tender portal http://etender.aai.aero/irj/portal (c) The bids shall be submitted on the AAI e-tender portal only. (d) The bids will not be accepted in any other form. (e) Tenderers are advised to get themselves acquainted with the requirement for e-tendering at AAI e-tendering portal mentioned above. (f) Clarification needed, if any may be sent through e-tendering portal only. 8. Cost of e-tender amounting to Rs.5000/- (Rupees Five thousand only) nonrefundable payment [Including S.T] is required to be paid online through HDFC payment Gateway provided at the portal itself. 9. E-bids shall be submitted in two bid system as follows:a) Technical e-bid & b) Financial e-bid Page 3 of 23 Tender form: AAI/TR/COMML/NIT License for Executive Lounge at Departure Area 2014 of Tiruchirappalli Intl Airport 10. S.No. (i) Critical dates Date Upto 04.12.2014 Upto 05.12.2014 By 1100 hrs. (iii) Activity Download of tender document from e-tender portal Online submission of bids (Technical as well as financial) on e-tender portal Opening of technical bids 05.12.2014 At 1300 hrs. (iv) Opening of financial bids Date & time of opening of financial bids shall be intimated separately / subsequently only to the technically qualified bidders. (ii) Time in IST 1700 hrs 11. AAI reserves to itself the right to reject the conditional tenders without assigning any reason thereto. 12. AAI reserves to itself the right to reject any or all the tenders without assigning any reason thereof and to call for any other detail or information from any of the tenderer(s). AIRPORT DIRECTOR AIRPORTS AUTHORITY OF INDIA TIRUCHIRAPPALLI INTERNATIONAL AIRPORT TRICHY – 620 007 Page 4 of 23 Tender form: AAI/TR/COMML/NIT License for Executive Lounge at Departure Area 2014 of Tiruchirappalli Intl Airport GENERAL INFORMATION/GUIDELINES 1. Tender documents are not transferable. 2. Following bids shall be submitted through online only e-portal by the bidder/tender. i) The technical e-bid through e-portal ii) The financial e-bid through e-portal 3. The technical bid which will be opened first, shall contain the following documents specified as under (Bidders shall upload scanned copy of following documents in readable from at AAI e-tendering portal as part of technical bid as a single Zip file). (a) (b) (c) (d) (e) Details of the concern and legal status that is whether it is sole proprietor, partnership firm or company under Companies Act. Self attested copies of the PAN card, Sales tax registration certificate (VAT in States it has become applicable), service tax registration. In case any or all the provisions mentioned above are not applicable, the party should give a declaration to that effect. 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. Copies of (duly audited and certified by a chartered Accountant) Profit and Loss Account/Balance sheet of the sole proprietor concern or a partnership fir, Annual Report in case of a company as per the companies Act. Self-attested copies of Memorandum and Articles of Association in case of Companies and partnership deed in case of firms and approved by-laws in case of co-operative societies. Earnest Money Deposit of Rs.1,00,000/-[Rupees One Lakh only] is to be remitted through RTGS/NEFT to AAI, Trichy sufficiently early so that the credit should get on or before the date of technical bid opening. Copy of the receipt of the payment made towards EMD is to be uploaded along with the Technical Bid of Tender Document at the time of submission. Non – submission of EMD receipts shall lead to disqualification. RTGS / NEFT Details Beneficiary Name Bank Name Bank Address Account No RTGS Code/ IFSC Code Charges for Transfer Airports Authority of India Vijaya Bank Airport Branch, Trichy – 620 007 380300300000024 VIJB0003803 To be borne by the party (f) No dues certificate. {(1) Only signed certificate will be valid. Photocopy of the signed certificate to be attested by the party. (2) Certificate up to the month immediately preceding the date of opening of technical bid is to be submitted} (g) Self-declaration of dues: The party should submit the details of contracts held (current and past) at all AAI controlled airports and offices and the details of disputed and undisputed dues there on along with the details of SD and mode of SD. No dues certificate from AAI: The party should also enclose the no dues certificate issued by AAI in respect of all airports under its control. Certified details of Gross Turnover, out of which 50% of Gross Turnover should be form the relevant business for which the facility has been tendered. Certified details of Gross Turnover [ details to be specified in the tender document as per the facility for which the tender is being processed] from the Chartered Accountant. Form of unconditional acceptance duly signed. (h) (j) (k) Page 5 of 23 Tender form: AAI/TR/COMML/NIT License for Executive Lounge at Departure Area 2014 of Tiruchirappalli Intl Airport (l) Declaration giving the particulars of contracts undertaken by the party at different stations of AAI. The details of blacklisting or debarring effected by AAI, or any Government of India department, any Central or State public sector undertaking. (NIL statement to also be filed). (m) Declaration of cases/action under PPE Act initiated by AAI. (NIL statement to also be filed). (n) Declaration giving the details of outstanding dues (disputed and undisputed). (o) Experience criteria. Documentary evidence should be produced for eligibility criteria from second party. (P) If the entity participating in any of the tenders, is a private or public limited company, partnership firm or sole proprietor and any of the Directors / Partners /Sole Proprietor of such company is also Director of any other Company or partner of a concern, a sole proprietor having established business with AAI and has outstanding dues payable to the Authority, then the entity may not be allowed in AAI tenders” for which a DECLARATION needs to be submitted by the participating agency along with the tender set technical bid. (q) Any other relevant information/document which tender(s) may consider appropriate including their expertise and experience in the areas other than for which tenders invited by AAI. Important: AAI reserves the right to verify, refer any document to the concerned authority for confirmation from case to case basis. Mere submission will not bind AAI to accept the documents as valid for opening of financial bid. Non submission of any of the required documents will not be considered as exemption. 4. Envelope B (Financial Bid) (a) The financial e-bid should be in the prescribed format available at AAI e-tendering portal. (b) The party has to quote their financial bid on “per month” basis. The amount of license fee should be conspicuously written both in figures as well as in words. Any overwriting, correction or insertion should be duly signed by the authorized signatories of the tenderer(s). (c) In case of discrepancy between the amount offered in figures and words, the offer written in words will only be considered. 5. (a) A sole proprietor having concerns under different names will be considered as a single legal entity. PAN card will determine the single entity criteria hence will be the basis for decision. (b) In case of partnership firms, as it does not have any legal entity on its own, hence if two or more firms are having common partners then all these firms will be considered as single entity. The principle of implied agency of partner as per the Partnership Act of India has been taken as the guiding principle. Since the provisions are different in Tax laws hence difference PAN Card will not entitle the firms having common partners to be treated as separate entity for the purpose of commercial contracts in AAI. (c) In case of Companies, if the holding company and its subsidiary are participating in the same tender then a disclosure to this effect to be made at the time of application for tender form. Also it will be mandatory for them to submit the basis and proof of the relationship during the technical bid stage. (d) In case a Foreign company and its Wholly owned Indian subsidiary (WOS) Company are participating in the same tender then a disclosure to be made during the application stage. Also it will be mandatory for them to submit the basis and proof of the relationship during the technical bid stage. Page 6 of 23 Tender form: AAI/TR/COMML/NIT License for Executive Lounge at Departure Area 2014 of Tiruchirappalli Intl Airport 7. It may be noted that the Earnest Money Deposit of the successful bidder may be forfeited and the bidder may be debarred for further participation in AAI’s tender(s) for a period of THREE years, on account of non-compliance of the following: (a) (b) (c) (d) (e) Acceptance of the offer within 10 days; Payment of Advance License Fee for one month within 15 days from the receipt of the Award Letter; Payment of Security Deposit equivalent to SIX (06) months of quoted License fee in the FIRST year, in the form of Fixed Deposit Receipt(FDR) / Demand Draft from a Nationalised Bank within Fifteen(15) days from the receipt of the award letter & Payment of Security Deposit of Rs. 20,000/- for electricity / water / telephone etc. within Fifteen(15) days from the receipt of the award letter. Execution of Agreement within 15 (Fifteen) days’ and Commencement of the facility within 60 days from the date of handing over the site. 8. Tender(s) shall remain valid for a period of 180 days from the date of opening of the Financial Bid in Envelope “B”. 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 is over or may extend the validity of their tender(s) with the consent of AAI. 9. The Tenderer(s) shall give the 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. 11. Any breach of the conditions at S.No. 7,9 and 10 above by the successful tenderer(s) would render him/them liable to be removed from AAI as a Licensee/contractor and shall be debarred from issuing tender papers for the commercial contracts for a period of 03 (THREE) years; 12. Successful Tenderer(s) must necessarily operate the contract, minimum for 50% of the contract period, failing which the licensee / lessee may be debarred from participating in any tender in the AAI for a period of 01 (ONE) year. 13. All the above guidelines & award letter will form part & parcel of the license agreement. 14. 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. 15. AAI reserves right to reject any or all tender(s) in part or in full without assigning any reason; Note: *By the term near relative is meant wife, husband and dependent parents and grandparents children and grandchildren brothers, sisters, uncle, aunts and cousins and their corresponding in laws. Page 7 of 23 Tender form: AAI/TR/COMML/NIT License for Executive Lounge at Departure Area 2014 of Tiruchirappalli Intl Airport SPECIAL TERMS AND CONDITIONS FOR EXECUTIVE LOUNGE 1. USE OF ACCOMMODATION: The space will exclusively be used for Executive Lounge purpose and not for any other purpose, to the satisfaction of the authorities. 2. OBLIGATION OF TENDERER: To keep the premises in a clean and tidy condition to the satisfaction of the Airport Director, AAI, premises may be kept open for inspection by the Airport Director or his representative. 3. GENERAL: The licensee shall not be permitted to canvass either in the arrival or departure hall. The business shall be restricted in the counter only. In case any of the employee / PIC holder is found canvassing in the arrival hall, beside the other punitive action his PIC shall be forfeited and no PIC shall be issued in lieu thereof. 4. No advertisement will be permitted in the counter except displaying the name of the licensee of 1 ft. height by AAI. 5. The Executive Lounge is to be kept open during all flight hours or as directed by the Airport Director. 6. The successful tenderer shall deploy his permanent employees and abide by all the labour laws related their employment. All the above conditions shall form part of the agreement. (SIGNATURE OF LICENSEE) Page 8 of 23 Tender form: AAI/TR/COMML/NIT License for Executive Lounge at Departure Area 2014 of Tiruchirappalli Intl Airport (SPECIMEN ONLY) LICENCE AGREEMENT SUBJECT: License for Executive Lounge at Departure Area This Agreement made this _______day of ___________ two thousand _______________ between the Airports Authority of India, a body corporate constituted by the Central Government under the Airports Authority of India Act (Act 55of 1994) and having its Corporate Office at New Delhi and Offices at all the Airports in India represented by AIRPORT DIRECTOR hereinafter called the Authority(which term shall unless excluded by or is repugnant to the context, be deemed to include its Chairman, or Member, Executive Directors, AIRPORT DIRECTORs, Officers or any of them specified by the Chairman in this behalf, and shall also include its successors and assigns) of the one part, and represented by ___________ of the other part, hereinafter called the Licensee(which term shall unless excluded by or is repugnant to the context, be deemed to include its heirs, representatives, successors and assigns of the Licensee). Whereas the Authority is entitled in ‘Law’ to grant Licence at its New Integrated Terminal Building, TIRUCHIRAPPALLI Airport for the purpose of Executive Lounge at Departure Area at the 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 and Conditions mentioned hereunder: And whereas the Authority is agreeable to grant the License. Now, therefore, this indenture witnesseth: 1. That the License for the said facility shall be valid for the period of FIVE (5) YEARS from ______________________to _____________ unless terminated earlier on account of following; a. By giving 120 days’ notice in writing from either side without assigning any reason; b. Terminated by AAI on a short notice on account of un-satisfactory performance; 2. Successful tenderer must necessarily operate the contract for minimum 50% of the contract period, failing which, the Licensee/Lessee may be debarred from participating in any tender in the AAI for a period of ONE years; 3. That in consideration, Licensee shall pay the Authority every month in advance by way of license fees on or before 10th day of English Calendar Month as under: Years 1st Year 2nd Year 3rd Year 4th Year 5th Year Amount of Monthly License Fee Rs. _____________ Plus service tax as applicable from time Rs._____________ Plus service tax as applicable from time Rs._____________ Plus service tax as applicable from time Rs. ___________ Plus service tax as applicable from time Rs. _____________ Plus service tax as applicable from time time to time to time to time to time to Page 9 of 23 Tender form: AAI/TR/COMML/NIT License for Executive Lounge at Departure Area 2014 of Tiruchirappalli Intl Airport 4. That in addition to the above said License Fee (compounded with 10% annual escalation) 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. Also, 10% of the normal space rent will be charged per month plus service tax towards utility/ facilitation charges in addition to the above charges. 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. On completion of THREE YEARS of license period, the revision of license fee will be reviewed. 5. That the Licensee shall pay all rates, assessments, outgoings and other taxes as liveable on the Licensee in ‘Laws’. 6. That the Licensee shall make payment of license fee etc., by demand drafts drawn on local banks. No outstation cheque shall be accepted in payment of license fee etc. 7. That in the event of failure to pay the license fee and other charges by due dates, simple interest @ 12% per annum be payable on all delayed payments without prejudice to the Authority’s other rights and remedies. 8. The licensee shall deposit an amount equal to six (6) months license fee as a Security Deposit in the form of Demand Draft / Pay Order / Bank Guarantee from a Nationalised / Scheduled Bank in favour of Airports Authority of India. 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 (2) months, the contract shall be terminated and the dues alongwith penal interest shall be adjusted from the Security Deposit, without grant of any extension whatsoever. In the event of the Licensee committing any breach of the terms & conditions of the licence agreement, the Authority may without prejudice to other rights and remedies be entitled to forfeit the Security Deposit or any part thereof. In such an event he shall pay in the same manner as stated above such additional sum immediately as he may be called upon by the authority to pay, so that the Security Deposit shall at all times during the continuance of these presents, be for the same amount. On the expiration or earlier determination of the license the Authority shall return the Security Deposit or part thereof which has not been forfeited as aforesaid, to him without interest.” 9. That the Licensee shall deposit in cash/DD of Rs._____________/- (Rupees ___________________________) as Security Deposit towards Electricity Charges. 10. That the Licensee shall equip himself with all necessary permits, licenses and such other permissions as may be required under the law in force at any time with regard to the operation of the subject license. 11. That the Licensee shall maintain such regular and proper account books along with other supporting documents regarding sales affected 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 Page 10 of 23 Tender form: AAI/TR/COMML/NIT License for Executive Lounge at Departure Area 2014 of Tiruchirappalli Intl Airport 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. 12. That the Licensee shall have no objection to the Authority for granting any other license for similar Facility at the airport premises where the licensee is rendering such services. 13. 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. 14. 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 account whatsoever. 15. 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. 16. 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 alternative premises for the purpose of this license. 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 license fee on that score. 17. 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. 18. The Licensee shall not erect or display any advertisement or signboards except after obtaining the prior approval in writing of the Authority. 19. The Licensee shall not terminate the License before the expiry of the period of the License except by giving 120 days notice in writing, otherwise the Licensee shall be liable to pay to the Authority (without any demur or question) such amount of money as the Authority may decide as due to it by the Licensee. The license can be terminated by the Authority by giving 120 days notice in writing without assigning any reason there to. 20. 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. 21. In case of privatization / leasing out of Tiruchirappalli Airport under Public Private Partnership (PPP), the unexpired period of license agreement for the license of “Executive Lounge at Departure Area” shall be honoured by the prospective lessee/operator(s) at Tiruchirappalli Airport instead of termination by short notice. Page 11 of 23 Tender form: AAI/TR/COMML/NIT License for Executive Lounge at Departure Area 2014 of Tiruchirappalli Intl Airport 22. Special Novation Clause - Obligations relating to Transfer The Authority agrees that during the Concession Term, in the event the Authority transfers the rights to operate and maintain the airport to a Third party(s), the authority shall ensure that: (a) Authority shall cause to transfer / novate this agreement, in favour of such third party, on the principle that such transfer / novation would release Authority of all liabilities and obligations arising from and after the date of transfer / novation of such rights. The Parties, along with relevant third party(s) shall execute necessary documentation or put in place necessary agreements for the aforesaid transfer / novation; and (b) the rights and obligations under or pursuant to al conracts and other arrangements entered into in accordance with the provisions of this agreement between Authority and Concessionaire shall be vested in such third party. 23. The Authority and the Licensee further agree that they are bound by the General Terms & Conditions found in under GENERAL TERMS & CONDITIONS chapter SIGNED BY ______________________, AIRPORT DIRECTOR, AIRPORTS AUTHORITY OF INDIA, TIRUCHIRAPPALLIAIRPORT, FOR AND ON BEHALF OF AIRPORTS AUTHORITY OF INDIA IN THE PRESENCE OF: Witnesses: 1. 2. SIGNED BY____________________ FOR AND ON BEHALF OF ____________________________ IN THE PRESENCE OF. Witness: 1. 2. Page 12 of 23 Tender form: AAI/TR/COMML/NIT License for Executive Lounge at Departure Area 2014 of Tiruchirappalli Intl Airport SCHEDULE OF PREMISES 1. Space measuring 2. Location 3. Purpose : : 68 sqm (approx.) Departure Area, Tiruchirappalli Airport. : Executive Lounge Page 13 of 23 Tender form: AAI/TR/COMML/NIT License for Executive Lounge at Departure Area 2014 of Tiruchirappalli Intl Airport 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 and may be imposed by the lawful authorities of the airport ground. 2. Licensee paying the license 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 a aforesaid during the said term without any unlawful interruption from or by the Authority or any person claiming under the Authority. 3. Any notice required to be served on the Licensee under this Agreement shall be deemed to have been served if delivered at or sent by registered post to his last known address or to his authorized representative or agent, similarly any notice to be given to the Authority under this agreement shall be deemed to have been served if delivered or sent by Registered post to the Authority. i. The period of notice given under this Agreement will count from the date of delivery (receipt) of notice by either side. 4. Subject as herein before otherwise provided all notice 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 authorized by or entrusted with the functions, duties and power 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 license or any part hereof nor shall be without such written consent as aforesaid assign or transfer this license or any part thereof. b) The Licensee shall use the premises only for the purpose stated 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 regulation of the Shops and Establishments Act, Factories Act, Industrial Disputes Act, Minimum wages Act and 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 caused to the Licensee’s stock or property. 8. The Licensee shall at this 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 Page 14 of 23 Tender form: AAI/TR/COMML/NIT License for Executive Lounge at Departure Area 2014 of Tiruchirappalli Intl Airport other departments as may be entrusted by the rules and regulation 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 the AIRPORT DIRECTOR shall have powers to get the premises cleaned at the risk & cost of the Licensee and recover liquidated damages at the rate prRs. 100/- per day for each default up to 7 days and thereafter Rs. 200/- per day and can take other actions including termination of the License. The name boards of the facility shall be made in trilingual form (i.e. Tamil, Hindi and English), with yellow back ground and black lettering. 9. The Licensee shall comply with the requirements of all standard heath clauses including those given below: I. The Airport Health Officer / Medical Officer of AAI or persons authorized by them may without notice, enter the premises any time and inspect the premises, materials, instruments and implements etc, used by the Licensee. II. All the instructions given by them Airport Health Officer / Medical Health Officer of AAI or any persons authorized by them in the maintenance of public health of the Airport including sanitation control prevention of infectious diseases, control and prevention of nuisance from insects, rodents, or any other source, shall be carried out them and his agent and servants III. The Licensee shall notify to the Airport health Officer whenever any person working under him is suffering or suspected to be suspected tobe 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. IV. The Licensee or 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 order of the Airport Health Officer with the object of preventing the breeding or entry of mosquitoes or maintenance of sanitation. V. The Licensee, his agents and servants shall not abuse the water source and drainage facilities in the airport area so as to create a nuisance or in sanitary situation prejudicial to public health. VI. In the event of any default, failure, negligence or breach in the opinion of the Authority, on the part of Licensee in complying with either of these conditions specified in the foregoing clauses, the Authority will be entitled and be at liberty to determine the License forth with and resume a possession of the premises without payment of any compensation under 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 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 conform to such directions as may be issued by the Authority in respect of points or Page 15 of 23 Tender form: AAI/TR/COMML/NIT License for Executive Lounge at Departure Area 2014 of Tiruchirappalli Intl Airport routes of entry to and exit from the premises and in respect of the use of toilet and wash rooms. He shall also have the Character of all person employed by him verified by the police to the satisfaction of the Authority, before the employment. 11 a) The Licensee would be required to install adequate number (as may be decided by Fire Officer or any other authorized Officer of AAI depending upon the area of the Licensed premises) of minimum a 2.5 Kg CO2 fire extinguisher in the licensed premises at his cost before commencement of business. b) No wooden partition / inflammable materials shall be permitted in the licensed premises. The material to be used for partition / fabrication of the shop / office premise shall be as per the specification given by AAI and to be 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 or 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 license. 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 License 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 License 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. It shall be obligatory for the Licensee to keep in stock and in case they are intended for distribution, distribute the same and display, literature, produced and released by the Publication Division of Government of India and / or Tourism Department of the Central Government or of the State Government within whose jurisdiction, the Airport is situated on such terms and conditions as may be fixed by the said Publications Divisions or said Tourist Department. Page 16 of 23 Tender form: AAI/TR/COMML/NIT License for Executive Lounge at Departure Area 2014 of Tiruchirappalli Intl Airport 19. The License 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 of 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, decided by the Authority it is objectionable in any manner to, keep, exhibit or sell the same. 20. The Licensee shall maintain a complaint book in a prominent place in the premises and in such a way that it is easily accessible to any person who wishes to record any complaint and the said book shall be open for inspection by AIRPORT DIRECTOR of the Authority. 21.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, the licensee shall not be entitled to any reduction in the fees payable to the authority. 22. In the event of the Licensee being prohibited from selling one or more articles in the premises because of Government Laws / Rules / Regulations / Orders, the Authority shall not 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. 23. The Licensee shall deposit duplicate keys of the premises with the Authority whenever the AIRPORT DIRECTOR demands and permit the Authority to make use of the key 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 or change the locking devise on the said outer door of the counter. 24. The Authority do 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 License or modification thereof such negotiations should be sought by the Licensee alone and no collective representation / bargaining will be entertained. 25. On expiry of the License period or on termination of the License by the Authority on account of any breach on the part to 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 installation, 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 good / materials at the cost & risk of the Licensee and demand payment for such removal. If such payment is not made within 10 days, Authority shall be at liberty to dispose off the goods / materials of the Licensee by public auction to recover the cost. The Licensee shall not be entitled to raise any objection in such an eventually. 26. The license herewith granted shall not be construed any way as giving or creating any other right or interest in the said space / building / land / garden / tank / premises to or in favour of the Licensee but shall be construed to be only as a License in terms & conditions herein contained. 27. The authority, its servants and agents shall at all times have the absolute rights of entry into the said premises. 28. The provision of Public Premises (Eviction of Unauthorized Occupants) Act 1971 and Page 17 of 23 Tender form: AAI/TR/COMML/NIT License for Executive Lounge at Departure Area 2014 of Tiruchirappalli Intl Airport the rules framed there under which are now in force or which may hereafter come into force shall be applicable for all matters provided in the said Act. 29. All disputes and differences arising out of or in any way touching or concerning this agreement (except those the decision whereof is otherwise herein before expressly provided for or to which the Public Premises (Eviction of Unauthorized Occupants) Act and the rules framed there under which are now enforce or which may hereafter come into force are applicable), shall, in the first instance, be referred to a Dispute Resolution Committee (DRC) set up at the airports, for which a written application should be obtained from the party and the points clearly spelt out. In case the dispute is not resolved within 45 days of reference, then the case shall be referred to the sole Arbitration of a person to be appointed by the Chairman / Member of the Authority. The Award of the Arbitrator so appointed shall be final and binding on the parties. The Arbitration & Conciliation Act, 1996 shall be applicable. Once the arbitration clause has been invoked, the DRC process will cease to be operative. It will be no bar that the arbitrator appointed as aforesaid is or has been an employee of the Authority and the Award of the Arbitrator will not be challenged or be open to question in any Court of Law, on this account. 30. In case of any dispute where legal action is compelled to be initiated by any of the party, jurisdiction of the court shall be the city / town / district where the airport is located. 31. a) Airports Authority of India, Tiruchirappalli Airport is ISO 9001:2008 certified for its Quality Management Systems. Therefore, the Licensee should comply with the requirement of Environment Management Systems by conserving energy and water; control of noise, water and air pollution by better effluent management, better management of solid and hazardous wastes, and complying with Pollution Control Laws and Rules in force, Instructions issued by the AAI in this regard, and by promoting an environmental awareness among their employees. (b)The Licensee shall ensure quality in the services provided by him by ensuring that the services are user friendly, responsive to the suggestions of the users, conform to the general standards of similar services available to the users outside the airport, and there should be continuous improvement in the services provided by the Licensee. (c) Any non-compliance to the to the instructions issued by the AIRPORT DIRECTOR , AAI, Tiruchirappalli Airport with regard to 31 (a) and (b) above shall be deemed to be considered as non-compliance of the terms and conditions of the Agreement, and shall be dealt with accordingly.” SIGNATURE OF LICENSEE Page 18 of 23 Tender form: AAI/TR/COMML/NIT License for Executive Lounge at Departure Area 2014 of Tiruchirappalli Intl Airport ADDITIONAL FIRE CLAUSE 1. The licensee shall not use naked light of any kind in the shops and offices. 2. The licensee shall get their electrical circuit tested, at least, once in a year and any defect noticed should be rectified immediately. Licensee shall submit the test report issued by Electrical Supervisory/license holder or Engineer to the AIRPORT DIRECTOR. Cable should not be laid on the false ceiling, or on the partition wall cable, where required, should be laid on metal cable trays. 3. 4. 5. Miniature circuit breaker and metal clad distribution board should only be used for electrical installation and distribution. ELCB should also be incorporated in the circuit. Main switchboard, electric meter, distribution board should not be fixed on the combustible material nor in the combustible panels. 6. Over loading of the circuit is prohibited and no temporary connection should be made, without specific approval of AIRPORT DIRECTOR. 7. Combustible material should not be stored under/close to the electric switch board/distribution board/metals and approach to electrical board should be kept clear. If in the allotted space, no false ceiling is provided, false ceiling will not be provided by the allottee, without specific approval from AIRPORT DIRECTOR. Internal partition/any modifications are not permitted unless written permission is obtained from AIRPORT DIRECTOR. Storing of any type of material above the false ceiling is prohibited. Allottee shall get his personnel trained in use of fire extinguisher. Allottee shall not store combustible material more than seven days use in the offices situated in terminal buildings. Two 9 ltrs. Capacity water type extinguishers and one 4.5 Kgs. CO2 extinguishers shall be installed. Battery operated emergency light shall be provided in shops. Telephone numbers of fire control room shall be displayed. NOC shall be obtained by the allottee from City Fire Service for carrying out any modification. Storing of liquid fuel of any type is strictly prohibited. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. SIGNATURE OF LICENSEE Page 19 of 23 Tender form: AAI/TR/COMML/NIT License for Executive Lounge at Departure Area 2014 of Tiruchirappalli Intl Airport ACCEPTANCE LETTER (Scanned copy to be attached in e-technical bid) To The Airport Director Airports Authority of India, Trichy Airport, Trichy – 620 007 Sir, ACCEPTANCE OF AAI’S TENDER CONDITIONS 1. The tender documents for the work “EXECUTIVE LOUNGE AT DEPARTURE AREA” at Trichy Airport, Trichy, have been sold to me/us by Airports Authority of India and I/We hereby certify that I/We have inspected the site and read the entire terms and conditions of the tender documents made available to me/us in the Office of Airport Director, Trichy Airport, which shall form part of the contract agreement and I/We shall abide by the conditions/clauses contained therein. 2. I/We hereby unconditionally accept(s) the tender conditions of AAI’s documents in its entirety for the above facility. tender 3. The contents of clause 11 of Notice Inviting E-Tender of the tender document has been noted wherein it is clarified that AAI reserves the right to reject the conditional tenders without assigning any reasons 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 will immediately report it to the Appropriate Authority in AAI’. 5. The required earnest money for this facility is enclosed herewith. Yours faithfully, [Signature of the Tenderer] With rubber stamp Date: Page 20 of 23 Tender form: AAI/TR/COMML/NIT License for Executive Lounge at Departure Area 2014 of Tiruchirappalli Intl Airport EXIT CLAUSE I. a) Normal termination: The contract will deem to be terminated on the last date 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 party in writing and duly accepted. The liability of the party will continue to be payable along with the delayed interest (at the rate mentioned in the contract) till the same is settled. The contractor cannot claim the dues to be time barred or ultra vires even if after the contract is deemed to have terminated by operation of this clause. b) Termination for cause:If the party or AAI has invoked the internal dispute resolution clause (as per which the dispute referred to the DRC is to be completed within a period of 45 days) and the same remains unresolved after the specified time period, it will be deemed that the notice period for the termination has commenced from the next date within which the dispute should have been resolved. No extra notice need be served by either party and the contract will terminate after the expiry of the notice period. If such termination happens to fall within 50% of the contract period then the party is liable to pay AAI the value of license fee equal to the amount of current license 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 for termination by giving the requisite notice period. The notice by AAI to be served only after obtaining the approval of the acceptance authority. Similarly the notice given by the party should be approved by the acceptance authority. However the date on which notice was received at AAI will be the commencement of the notice period and the administrative time required for the approval will not be added. If the party has served the notice, then the party is liable to pay demurrage charges. The demurrage charges will be equal to the amount of six months current license fee if the termination occurs before the 50% period of the original contract. The period of 6 months will be reduced to 4 months if the contract period served exceeds the 50% period but is less than 75%. If the period served exceeds 75% and the period remaining is more than the required notice period for normal termination the demurrage will be equivalent to 3 months license fee. d) Termination for regulatory/legislative or supervisory requirements: If any provision of law or legislation of India makes it mandatory to stop/prohibits the continuation of any contract at any particular location or otherwise then it will deemed to be closed from the date of such enactment. No compensation is payable by AAI. II. Exponential Penalty on licensees @ double the license fee per month in the form of damage charges can be imposed on licensees unauthorizedly occupying the premises after expiry of contract period. (SIGNATURE OF LICENSEE) Page 21 of 23 Tender form: AAI/TR/COMML/NIT LICENSE FOR EXECUTIVE LOUNGE AT DEPARTURE AREA AT TIRUCHIRAPPALLI INTERNATIONAL AIRPORT 2014 GUIDELINES TO BIDDERS FOR PARTICIPATING E-TENDERING 1. 1.1 1.2 1.3 2. 2.1 2.2 2.3 3. 3.1 3.2 4. 5. 6. 7. Electronic Procurement and Tendering (Bidding) portal of AAI The bidders can visit and download the electronic bids (tenders) of AAI by visiting the e-tendering and procurement system of AAI at the following address (URL). https://etender.aai.aero/irj/portal The portal can also be visited from the website of AAI http://www.aai.aero, where a link as “E-Tender” has been provided on the home page for this purpose. Please read the instruction carefully and completely along with frequently asked Questions (FAQ) and system setting before you start with the tender process. Bidders are also advised to go through the Privacy Policy and Disclaimer as given on this portal. Pre-requisites to submit tenders on line As a first step each bidder is required to register himself before he can proceed with the procurement and online submission of tenders on this portal. On successful registration the user ID is displayed on the screen and an e-mail containing user ID and password is sent to the bidder. Kindly note down your user ID for all future correspondence. The detailed registration process is given below in section-4. The registration process is free without any charge. For encryption and online submission of Bids the bidder should have a legally valid Class III digital certificate as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCAI), Controller of Certifying Authorities (CCA) of India. The details can be seen by visiting the link http://www.cca.gov.in. The tender fee for the procurement of the tenders is required to be paid online through the payment gateway. The gateway at present accepts all valid VISA/MASTER cards. The payments are governed by the rules and regulations of the payment gateway. AAI shall not be responsible for denial of payment or non-acceptance of the credit card by the Banking gateway. Recommended Browser & JAVA component: The recommended browser for this portal is Internet Explorer (version 8.0). Other browsers like Mozilla Firefox etc. may encounter some problem and should not be used. The link to the JAVA component required for accessing the portal successfully and downloading and uploading the documents without any trouble is given on the home page. All bidders are advised to download and install the JAVA component before they start accessing the portal. No registration is required for this purpose. Bidder Registration (access Authentication) Process: Anyone interested in AAI tenders can register themselves. Registration is free of cost. Step1 – Open internet explorer and type the link http://etender.aai.aero/irj/portal. Step2 – Click on ‘Apply for Access Authentication’ The tender fee is to be paid through HDFC Bank Payment Gateway provided in the portal. It may be noted that upload of technical documents entail heavy data and hence the use of normal data card is not recommended for this activity. It is suggested that landline broadband with minimum 2 MBPS speed should be used for this activity. Bidders shall upload scanned copies of the technical documents in legible form in a single Zip file. For any technical assistance bidders may contact as mentioned below (Help Desk Services): Page 22 of 23 LICENSE FOR EXECUTIVE LOUNGE AT DEPARTURE AREA AT TIRUCHIRAPPALLI INTERNATIONAL AIRPORT 2014 a. In order to facilitate the Vendors/ Bidders as well as internal users from AAI, Help Desk Services have been launched between 0800-1900 hours for the etender portal https://etender.aai.aero/irj/portal. The Help Desk services shall be available on all working days (except Sunday) between 0800-1900 hours and shall assist users on technical issues related to the use of the e-tender portal. b. For any technical assistance with regard to the functioning of the portal the bidders as well as AAI users may contact according to the escalation matrix as mentioned below:Sl.No. 1. Timings Between (08:00-19:00 Hrs) From 08.00 Hrs Till 19.00 Hrs 2. Mr.Mukesh Kumar Manager (IT) 3. Mr.Dharmendra Kumar Assistant GM (IT) Mr.A.K. Sharma, Joint General Manager (IT) General Manager (IT) 4. 5. c. Help Number Desk 011-24626632 011- 24632950 Extn.3512 08510096161 08510096262 08510096363 011-24632950, Extn:3505 011-24632950, Extn.3509 011-24647596 Escalation Matrix E-mail Address [email protected] After 4 hours of issue After 8 hours [email protected] After 12 hours [email protected] [email protected] After 24 [email protected] hours The above mentioned help desk numbers are intended only for queries related to the issues on e-tendering portal and help needed on the operation of the portal. For queries related to the tenders published on the portal, bidders are advised to contact concerned Bid Manager from AAI. Page 23 of 23
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