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e-Bid No.1000007308
AIRPORTS AUTHORITY OF INDIA
TRIVANDRUM INTERNATIONAL AIRPORT
THIRUVANANTHAPURAM – 695 008
e-TENDER
DOCUMENTS FOR THE LICENCE FOR VEHICLE PARKING
MANAGEMENT RIGHTS AT DOMESTIC TERMINAL AT TRIVANDRUM
AIRPORT
Published By
DEPARTMENT OF COMMERCIAL
AIRPORTS AUTHORITY OF INDIA
TRIVANDRUM INTERNATIONAL AIRPORT
Admin. Annex, First Floor, Domestic Terminal Building
Thiruvananthapuram- 695 008
e-mail: commltvm@aai.aero : Tel.No. 0471- 2500108.
INDEX TO DOCUMENTS
Sl.
No.
1
2
3
4
5
6
7
8
9
10
11
12
CONTENTS
Index
Introduction, Corporate Mission & Operating Airlines
Notice Inviting Tender
General Information & Guidelines
Details of Help Desk Services
Format of acceptance of AAI Conditions
Licence Agreement
Schedule of premises
General Terms & Conditions
Special Terms & Conditions
Specimen of Bank Guarantee
Location sketch
PAGE NO
1
2-3
4-10
11-16
17
18
19-21
22
23-28
29-32
33-34
35
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
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INTRODUCTION
Airports Authority of India (AAI) a Mini Ratna PSU undertaking under the Ministry of Civil
Aviation was formed by the merger of the then International Airports Authority of India
(IAAI) and 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 and modernization of the Operational, Terminal and Cargo facilities at the
Airports in the country confirming to International Standards, Controlling and Managing a
total of about 115 airports in India.
CORPORATE MISSION
“To achieve highest standards of safety and quality in air traffic services and airport
management by providing state-of-the-art infrastructure for total customer satisfaction,
contributing to economic growth and prosperity of the nation”.
The City of Trivandrum.
Thiruvananthapuram, also known as Trivandrum, was the former capital of
Travancore and is the State Capital today. This sprawling beautiful city is built on seven
hills, and it is known better for its famous beach resort - at Kovalam (10 Km away) that
is recognized to be amongst the ten best in the world.
Thiruvananthapuram, "the place of the sacred serpent", takes its name from the idol of
Lord Vishnu in the magnificent Padmanabhaswamy temple as the reclines on the world supporting serpent, 'Anantha' or 'Adisesha'.
Today, its splendid past is to be seen in its old buildings, most of them built in wood in
the Kerala Style, with tiled roofs and carved gables, in its botanical garden and Zoo with
its quaint museum, in its wide roads and public buildings and in its lively intellectual life.
Some of Kerala's leading film makers, poets and writers live here. Trivandrum
International Airport is well connected to Colombo, Maldives, Singapore, Middle East,
Gulf countries and rest of the world good.
Thiruvananthapuram, is situated near to the sea, which makes its climate as tropical.
This also gives Trivandrum a very pleasant weather round the year. Monsoon comes to
Trivandrum in the month of May and remains there until November.
Access
Air: Being the capital of Kerala state, Trivandrum international Airport is well connected
to other major cities and the neighboring countries
Rail: The city is connected to other important cities of India and Kerala by trains
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
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Road: Regular buses are available for the other important cities of Kerala and
neighbors.
NATIONAL GEOGRAPHIC TRAVELER SELECTS KERALA AS 'ONE OF THE 50 MUST SEE
DESTINATIONS OF LIFETIME'
In a special collector's issue released just before the turn of the century. NATIONAL
GEOGRAPHIC TRAVELER gifted the tourists of the world with a priceless treasure - a well
researched compilation of the 50 destinations of a lifetime. The only Indian destination
that featured in it was KERALA other than the Taj Mahal in the World Wonders section.
Kerala was celebrated as a 'Paradise Found' - One of the ten in the world. A perfect
description for a land renowned as "God's Own Country". What adds to the charm of its
backwaters, beaches, Ayurveda health holidays, hill stations, wildlife, festivals,
monuments and vibrant art forms, is its amazing social development indices that are on
par with the developed world.
Major Airlines Operating at Trivandrum International Airport:
1.
2.
3.
4.
5.
6.
7.
8.
Air India
Air India Express
Air Arabia
Gulf Air
Emirates Airlines
Etihad Airways
Island Aviation
Jet Airways
9. Kuwait Airways
10. Oman Air
11. Qatar Airways
12. Silk Air
13. Sri Lankan Airlines
14. Indigo Airlines
15. Spicejet
16. Flydubai
Passenger Traffic Data-Trivandrum Airports as on September 2014
Type
Domestic Passengers
International Passengers
September 2014
95335
165070
April 2013 to March 2014
986116
1948511
Terminal 1-(T1)-Domestic operations
No. of Terminals
Terminal 1-(T1)-Domestic operations
Terminal 2-(T2)-International operations
Other facilities
 Cargo handling
 Customs counters
 Immigration
 Red channel
 Gold Declaration
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
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AIRPORTS AUTHORITY OF INDIA
TRIVANDRUM INTERNATIONAL AIRPORT,
TRIVANDRUM – 695 008.
KERALA
NOTICE INVITING TENDERS
Airports Authority of India, Trivandrum Airport invites tenders (through etendering process) for grant of Licence for Vehicle Parking Management
Rights at Domestic Terminal at Trivandrum Airport for a period of Three
years with a Minimum Reserve Licence Fee of Rs.2,92,000/- per month +
Service tax and other Govt. levies as applicable and 10% annual compound
escalation.
For details regarding eligibility criteria and other tender conditions visit AAI
website
www.airportsindia.org.in
or
www.aai.aero
and
portal
address
https://etender.aai.aero/irj/portal.
AIRPORT DIRECTOR
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
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Sl.
No
Name of facility with its
location
1.
Licence
for
Vehicle
Parking
Management
Rights
at
Domestic
Terminal at Trivandrum
Airport.
Earnest
Money
Deposit
Rs.1,75,200/-
Minimum Reserved Licence
Fee
Period
Cost of
tender
Rs.2,92,000/- per month which
is subject to 10% annual
escalation + Service Tax and
other Government levies as
applicable.
Three
Years
Rs.5,000/(Inclusive
of all taxes)
(Nonrefundable)
NOTE:i.
ii.
iii.
iv.
Participants are advised not to give any conditional tender and adhere to
the terms and conditions indicated in the tender documents provided by
AAI.
Conditional tenders would be summarily rejected.
Participants are required to upload the documents after making proper
diligence study.
No parking charges to be levied for all vehicles (LMV) entering the airport
for pick up/dropping of passengers or visitors provided the vehicles does
not spend more than 10 minutes in the airport area. 10 minutes free
parking time from entry to exit point inclusive of 3 minutes in front of
Terminal Building for pick up and drop is allowed for all vehicles entering
the airport premises.
1. SPECIFIC CONDITIONS TO BE ADHERED WITH:
(i)
Offers below MRLF will not be considered for award.
(ii)
Gestation period shall be 30 days or actual commencement of commercial
operation whichever is earlier, will be permitted.
(iii)
The area of the said facility shall be as per ‘Schedule of Premises’ or as decided
by AAI. The parking area mentioned in the tender is for indicative purpose only
and not binding on the licence fee.
(iv)
The period of licence shall be as above from the date of handing/ taking over.
(v)
Experience criteria will not be applicable to existing licensees for the same facility.
(vi)
Facilitation/utility charges shall be levied @10% of applicable space rental, for
counters. (provided at entry/exit points and the car parking area etc).
(vii)
The agency has to directly collect the monthly parking fee from the pre-paid taxis
parked in the specifically allotted parking area to them. The parking charges for
pre-paid taxis managed by Airport Taxi Union are governed by the decisions of
the District Administration and Local Law Enforcing Agencies and the successful
tenderer must comply with the directives from such Authorities.
(viii)
The agencies selected by Airports Authority by competitive bidding are exempted
from payment of any parking fee to the licensee of car parking rights. AAI
reserves the right to earmark the specific area for car rental services/maxi car
services awarded by AAI to third parties.
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
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(ix)
Various agencies and staffs operating in the airport are eligible for concessional
monthly passes and it is the responsibility of the successful tenderer to issue
concessional monthly passes and collect the charges thereof. AAI will not be
responsible for any delay in collecting the charges from the concerned agencies.
(x)
AAI reserves the right to restrict/allot any parking area for operational
requirement/any emergency situations/free parking of Govt. vehicles etc.
(xi)
The successful tenderer has to operate 24 x 7 all the toll gates as mentioned in
the tender documents. Non-operation of any of the toll gate will attract penalty as
decided by the Airport Director.
(xii)
The Licensee will be solely responsible for the actions of their counter staff and
employees. Any misbehaviour to passengers and visitors to the airport by the toll
collecting staff will be viewed seriously and penalties will be imposed as decided
by AAI.
(xiii)
The successful tenderer has to appoint necessary traffic wardens to regulate and
to avoid traffic congestion in front of the Terminal Building.
(xiv)
The agency has to deploy tow away vehicle at their own cost for removal of
unauthorised parking in co-ordination with Duty Terminal Manager if required.
Penalty collected from the passengers/visitors using tow away vehicle alone will
be shared with licensee as decided by AAI Management from time to time.
(xv)
The agency is not allowed to collect any penalty from the passengers/visitors in
the name of parking violations or any other matter. Any penalty on parking
violations will be collected by AAI only.
(xvi)
The licence includes responsibility of effective traffic management, deployment of
manpower for smooth vehicle movement in front of the terminal etc. and not just
parking fee collection alone.
(xvii)
The entry/exit should compulsorily managed by automatic boom barrier by the
licensee.
(xviii) Passengers carrying monthly concessional pass of either Domestic Terminal or
International Terminal are eligible for parking in the Domestic Terminal without
additional parking fee.
(xix)
In case of the shifting of domestic operations from the present terminal at
Shangumugham, AAI reserve the right to terminate the licence by 15 (Fifteen)
days notice to the licensee and the licensee will not have any right or claim
against AAI in this regard.
2. PERIOD OF LICENCE *
The licence shall be for a period of Three (03) years subject to satisfactory
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
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performance.
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
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3. TENDER COST & EARNEST MONEY DEPOSIT (EMD)
a) Tender cost is to be remitted through payment gate way. Tenderers are required to
furnish an Earnest Money Deposit of Rs.1,75,200/- (Rupees One lakh seventy
five thousand two hundred only) through the payment gate way of IndusInd
bank/HDFC Bank integrated for the purpose with the AAI e-tender portal.
b) Refund of EMD: EMD of unsuccessful bidders received through bank transfer mode
(RTGS/NEFT) shall be refunded online through the same mode only and it shall be
refunded in the bank account whose details are provided on the portal at the time of the
submission of tender.
The refund of EMD to bidders who fail to qualify the
eligibility/technical stage shall be initiated automatically within seven days of their
rejection.
4. ELIGIBILITY CRITERIA
The parties fulfilling the following criteria as per NIT are eligible to participate in the
tenders:
a) Three (3) years experience in managing license agreement exclusively for
vehicle parking contract at any star hotels, hospitals, airports, sea port,
railways including DMRC or metro rail stations, Bus Terminals approved public
vehicle park area of Municipal Corporation, reputed malls or shopping
complex.
b) Gross Turnover criteria will be applicable. The requirement of Gross
Annual Turnover will be Rs.17,52,000/- and 50% i.e. Rs.8,76,000/should be from the same kind of business. The turnover criteria should be in
any of the last 5 financial years.
c) The applicable rates for parking for different vehicles mentioned in the
Commercial Circular issued from time to time will be strictly adhered to.
d) The company who has been awarded the contract should display his name
prominently. He should also display the management contract / franchisee
contract if any in the same place.
Note: The claimed annual turnover details should be duly certified by a Chartered
Accountant. In case of multiple business of a company then the break-up of the
turnover with the specific requirements of the tendered facility should be submitted duly
verified by the Chartered Accountant.
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
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5. SPECIFIC
CONDITIONS
FOR
NON-ACCEPTANCE
OF
TENDER
DOCUMENTS
“Tender Documents” shall not be accepted from the agencies falling under the following
categories:a)
Ex-licensee(s) / Existing Licensee(s) of AAI having outstanding dues in respect
of the airports under Northern Southern, Western, Eastern and North-East
Regions as well as Airports viz. Chennai and Kolkotta airports except where the
due are pertaining to current months license fee. The disputed dues referred to
an arbitrator for adjudication as per terms and conditions of the licence
agreement shall not form a part of outstanding dues for the purpose of the
acceptance of tender documents. However, at the lime of uploading the tender
documents, such agencies shall have to furnish (i) the details of their
contract(s) with AAI at all the International Domestic Airports as a whole; (ii)
their liability of payment of disputed/undisputed dues of AAI.
b)
Parties De-barred/black listed by CBI or AAI or Undertakings/ Departments like
Railway, Defence or any other Department of Govt. of India, State Govt. Parties
shall have to furnish a declaration to this effect at the time of uploading the
tender documents.
c)
Parties facing action under PPE Act with AAI.
d)
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.
6. AVAILABILITY/DOWNLOADING OF TENDER DOCUMENTS
a)
Only one tender document shall be downloaded by 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. PAN card will be the deciding
factor in such cases.
b)
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.
c)
Tender documents indicating full details of the license will be available on AAI
website www.aai.aero and portal address https://etender.aai.aero/irj/portal
against the payment of Rs.5,000/- (Rupees Five thousand only) – Nonrefundable through payment gateway in the above mentioned portal .
d)
Note: A copy of the receipt of the payment made is to be uploaded along
with the technical bid documents of tender documents at the time of
submission as a proof.
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
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e)
The Bids shall be submitted
https://etender.aai.aero/irj/portal.
f)
The bids shall not be accepted in any other form. The tenders are
requested/advised to get themselves acquainted for e-tendering participation
requirement themselves
g)
The e-tendering process is
https://etender.aai.aero/irj/portal.
h)
Tenderers are requested / advised to get themselves acquainted for etendering participating requirement themselves at AAI e-tendering portal
mentioned above.
i)
Clarification needed, it any may be sent through e-tendering portal only.
j)
Cost of e-tender fee amounting to Rs.5,000/- (Rupees Five thousand only),
non-refundable, will be required to be paid on line through payment HDFC
gateway, provided at the portal itself.
k)
e-bids shall be submitted in two bid system as follows:-
7.
Sl.
No.
i
only
on
online
the
at
AAI
e-Tender
e-portal
URL
portal
address
(i)
Technical bid – Earnest money deposit (EMD) and other documents as
required under clause 3 of general information / guidelines of Notice
Inviting Tender.
(ii)
Financial Bid – As required under clause 4 of general information /
guidelines of Notice inviting Tender.
SCHEDULE OF SUBMISSION AND OPENING OF TENDERS.
Activity
Date
Online submission of bids
(Technical
as
well
as
financial) on e-tender portal
Time in IST
19.02.2015
1500 hrs
20.02.2015
1500 hrs
(Last date)
ii
Opening of technical bids
iii
Opening of financial bids
i.
Date & time of opening of financial bids shall be
intimated separately / subsequently only to the
technically qualified bidders.
Each page of Technical Bids should be signed by the person authorized by the
tenderer.
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
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ii.
iii.
Financial Bid of technically qualified bidders only will be opened. It should be
unconditional.
AAI has the right to seek clarification from the participants for better
understanding of bids.
8.
AAI reserves to itself the right to reject/cancel 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).
9.
AAI reserves itself the right of extend the date of receiving/opening of the
bids as well as to extend the validity of the tender.
10.
AAI reserves to itself the right to reject/cancel any or all the tenders due to
administrative/operational/security/unforeseen reasons or due to any change in
the policies in this regard.
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
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GENERAL INFORMATION /GUIDELINES
1.
Tender documents are not transferable.
2.
Tenderer(s) must use tender documents downloaded in his/their name from
AAI for which a serial number has been allotted from AAI website.
3.
Technical Bid shall contain the basic documents to be uploaded specified as
under:
a) The tenderers are required to furnish EMD of Rs.1,75,200/(Rupees One lakh seventy five thousand two hundred only)
through the “Payment Gateway” available in the e-portal.
Tender cost also can be remitted in the same mode.
A copy of the receipt of the payment made is to be uploaded along with
the technical bid documents of tender documents at the time of
submission.
b) No dues certificate in case of licensee of the Airports Authority of India
(AAI) wherever applicable.
(i) Self declaration of dues:
a. the party should submit the details of the
contract held
(current/past) at all AAI controlled airports and offices.
b.
(ii)
the details of disputed/ undisputed dues thereon along with the
details of Security Deposit and mode of Security Deposit.
It will be the responsibility of the party to obtain the no dues
certificate from all the stations and or offices of AAI and submit
the same with the tender documents if applicable.
c) Unconditional acceptance of AAI’s terms and conditions as per NIT.
d) Documentary evidence authenticating its proof of experience which the
tenderer has claimed in respect of eligibility criteria.
e) The annual turnover criteria will be equivalent to annual value of the
MRLF (i.e. Rs.17,52,000/-) in any one of the last five financial years.
Certified details of annual turnover will be signed by a Chartered
Accountant out of 50% of GTO i.e. Rs.8,76,000/- should be from the
relevant business for which the facility has been tendered.
f) Attested copies of Memorandum and Articles of Association in case of
companies or bodies corporate and copy of the partnership deed in case
of Partnership Firm.
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
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g) Self attested copies of 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 area 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 as
submitted by the party.
h) Copies of (duly audited and certified by a Chartered Accountant) Profit
and Loss Account/Balance Sheet of the sole proprietor concern or a
partnership firm, Annual Report in case of a company as per the
Companies Act.
i)
Submission of an Affidavit (i) the details of their contract(s) with AAI at all
the International and Domestic Airports as a whole (ii) their liability of
payment of disputed/undisputed dues of AAI.
j)
Submission of an Affidavit that they are not debarred blacklisted by CBI or
AAI or undertakings / departments or any other department of Govt. of
India / State Govt.
Note: One set of scanned copy of complete technical documents comprising of
documents as listed in Clause 3 (a to j) of the General Information and Guidelines
shall be uploaded along with the technical bid.
k) It may clearly be noted that in case tender(s) submitted by the tenderers
is not accompanied by any of the documents stated above at (a to j) of
Para – 3 as may be relevant / applicable, such tenders shall not be
considered.
l)
Any other relevant information / document which tenderer(s) may
consider appropriate including their expertise and experience in the areas
other than for which tenders invited by AAI.
m) Based on the aforesaid documentation and the qualifications indicated in
the Tender Notice, if considered necessary, AAI may call the tenderer(s)
to give technical presentation about their experience, capability, capacity,
professionalism.
However, the technical presentation is for more
understanding and will not be a ground for qualification of any offer.
4. Submission/Opening of Financial Bid
i.
The financial e-bid should be in the prescribed format available at
AAI e-tendering portal.
ii.
The amount of licence fee should be conspicuously written both in
figures as well as in words. In case of discrepancy between the
amount offered in figures and words, the offer written in words
only will be considered.
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
14 of 36
iii.
The financial bid of the technically qualified tenderer(s) only will
be opened
and the same will be informed to the concerned
agencies. AAI may extend / modify the date at its discretion.
iv.
For any further information contact us on 0471-2500108.
Note: If date of opening of technical / financial bid happens to be a holiday, the
opening of the same will be on the next working day.
5. Specific Instructions to the Tenderer(s):
i.
It may clearly be noted that the financial bid shall contain ‘Form of Tender
(Financial Bid as provided by AAI) along with the Tender Documents,
indicating the offer made by the tenderer(s) and no other document(s).
ii.
Tenderer shall submit only one offer. Conditional offers or alternate offer
will not be entertained and will be out rightly rejected.
iii.
The tenderer should quote over and above the minimum reserve licence
fee of Rs.2,92,000/- per month. In case of difference in amount of
licence fee quoted in words and figures, the amount indicated in words
shall be taken into account.
iv.
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.
v.
The amount of licence fee should be conspicuously written both in figures
as well as in words. Any over writing correction or insertion should be
duly signed by the authorized signatories of the tenderer(s).
vi.
Downloading of tender form will be stopped on due date and time as
given in the Tender Notice.
vii.
The successful tenderer awarded with the work will be required to sign an
agreement with AAI as per the format attached in the NIT.
viii.
All rates shall be quoted as per format given in tender document.
ix.
On acceptance of the tender, the name of the tender, 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.
x.
Silence or use of word ‘Noted” against any of the tender conditions shall
mean tenderer agrees to comply with that/those conditions.
xi.
AAI does not bind itself to accept that 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 perform the same at the rate quoted.
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
15 of 36
xii.
Sales tax/service tax or any other tax, duties, levies, octroi etc; the
material/services in respect of this contract shall be payable by contractor
and the Authority will not entertain any claim whatsoever.
xiii.
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.
xiv.
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 impled
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.
xv.
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.
xvi.
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.
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.
6.
It may be noted that the Earnest Money Deposit of the successful bidder may
be forfeited and the bidder may be debarred for further participation in AAI’s
tender(s) for a period of one year, on account of non-completion of the
following:
a) Acceptance of the offer within Ten (10) days;
b) Payment of advance licence fee within Fifteen (15) days from the receipt of
the award letter;
c) Payment of Security Deposit will be an amount equal to six (6) months
license fee as Security Deposit in the form of Demand Draft / Pay Order /
Bank Guarantee from a Nationalised/Scheduled Bank in favour of Airports
Authority of India within Fifteen (15) days for the licence from the date
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
16 of 36
of award letter No interest is payable on SD.
d)
Execution of the Agreement within fifteen (15) days; and
7. Performance Evaluation of Agencies & Procedure for Debarring:
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
one year.
b.
If any contract is terminated due to any illegal activity which is
punishable under any of 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, during the tender process and even after the award of
tender, AAI finds that the party had submitted any false/
wrong/concealment of information/document affecting eligibility criteria of
the facility in such case, EMD shall be forfeited and party is liable to be
debarred for three years for participation in AAI tenders.
d. If the licensee does not operate the license upto 50% of the contract
period, then the party is liable to be debarred for next one year.
8.
Maximum Gestation period will be 30 days or actual commencement of
Commercial operation whichever is earlier, will be permitted. The party is bound
to pay the contract value from the 31st day even if the facility has been taken
over or not. The contract remains voidable in the hands of AAI if the party fails
to complete the set formalities within the prescribed time period.
9.
Tender(s) will remain valid for a period of 180 days from the date of opening of
the Financial Bid in Envelope ‘B’. If any tenderer withdraw during the validity
period, his Earnest Money Deposit will be forfeited. However, the tenderer(s) can
withdraw their Earnest Money Deposit after the validity is over or may extend the
validity of their tender(s) with the consent of AAI.
10.
The tenderer(s) shall give the list of his near relatives employed in AAI.
11.
The successful bidder shall intimate the names of the persons employed by him
or going to employ, who are near relatives * of AAI employees.
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
17 of 36
12.
All the above guidelines will form part & parcel of the Notice Inviting Tenders
(NIT).
13.
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.
14.
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, grand parents, children, grand children,
brothers, sisters, uncle, aunts, cousins and their corresponding
in laws”.
FOR SPEEDY REFUND OF EMD PLEASE FURNISH THE FOLLOWING BY THE
PARTICIPATING AGENCIES
BENEFICIARY DETAILS FOR ECS/RTGS FUNDS TRANSFER
01.
BANK ACCOUNT NO.
02.
03.
BANK NAME, BRANCH NAME &
FULL ADDRESS
BANK MICR CODE
04.
NAME OF ACCOUNT
05.
BENEFICIARY NAME & ADDRESS
06.
IFCS CODE
(For RTGS fund transfer)
Note: Kindly enclose copy of your cheque.
(Beneficiary’s Name & Signature)
Place:
Date:
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
18 of 36
For any information./queries /difficulties while uploading e-tender please contact the
following helpline numbers:
A)
B)
Direct Number :
011-24626632
Extn. Number :
011-24632950 Extn.: 3512
Mobile
:
08510916004
Mail Id
:
e-sap1@aai.aero or etendersupport@aai.aero
AAI, Trivandrum
Direct Number :
Mail Id
:
Phone /TeleFax:
commltvm@aai.aero
0471-2500108
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
19 of 36
ACCEPTANCE LETTER
(Scanned copy to be attached in e-technical bid)
To
The Airport Director,
Airports Authority of India,
Trivandrum Airport.
Sub : Acceptance of AAI’s Tender conditions.
Sir,
1.
The tender documents for the facility (name) _______________________ have
been provided to me / us by Airports Authority of India and I/We hereby certify that I/we
have inspected 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 8 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 of bribe / gratification, I/We will immediately
report it to the appropriate authority in AAI.
5.
The required Earnest Money Deposit for this facility is transferred to AAI account
via RTGS/NEFT/payment gateway.
Yours faithfully,
(Signature of the tenderer)
With rubber stamp
Name & address
Dated:……….
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
20 of 36
LICENCE AGREEMENT
SUBJECT:
THIS AGREEMENT made this_________________day of ________________ of Two
Thousand________________________ between the Airports Authority of India, a body corporate
constituted by the Central Government under the Airports Authority Act (Act 55 of 1994) and
having its corporate office at New Delhi and offices at all the Airports in India represented by
AIRPORT DIRECTOR herein after called the ‘Authority’ (which term shall, unless excluded by or
is repugnant to the context, be deemed to include its Chairman, or Member, Executive Directors,
Airport Directors, Officers or any of them specified by the Chairman in this behalf, and shall also
include its successors and assigns) of the one part, and ________________ represented by
___________________ of the other part, hereinafter called the ‘Licensee’ ( which term shall
unless excluded by or is repugnant to the context, be deemed to include its heirs, representative,
successors and assigns of the Licensee).
WHEREAS the Authority is entitled in ‘Law’ to grant licence at its ______________ Airport
for the purpose of _________________ 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 WHEREAS the Authority is agreeable to grant the licence.
NOW, THEREFORE, this indenture witnesses: 1.
That the licence for the said facility shall be valid for the period of _____________years
from ________________ to _________________, unless terminated earlier on account of
following: a) By giving 60 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.
2.
Years
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:
Amount of Monthly Licence Fee Additional Percentage/Royalty.
1st year
2nd year
3rd year
3.
That in addition to the above said licence fee, 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 with in 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, outgoings and other taxes as Levi
able on the Licensee in ‘Laws’.That the Licensee shall make payment of licence fee etc.
by cheque / demand draft drawn on local banks. No outstation cheque shall be accepted
in payment of licence fee etc.
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
21 of 36
6.
That in the event of failure to pay the licence fee and other charges by due dates, simple
interest @ 12% per annum be payable, as per AAI credit policy, on all delayed payments
without prejudice to the Authority’s other rights and remedies.
7.
That the licensee shall deposit a shall be equal to six months quoted licence fee in the
form of Demand Draft/Pay order/Bank Guarantee from a Nationalized/Scheduled Bank in
favour of Airport Director, AAI Trivandrum Airport. 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 payments 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 dies within the said period of two (2) months, the contract shall
be terminated and the dues along with penal interest shall be adjusted from the Security
Deposit, without grant of any extension whatsoever.
8.
That the Licensee shall equipped 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 licence.
9.
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 within such
period as the Authority may prescribe. Licensee shall be liable to share invoicing details
live with AAI.
10.
That the Licensee shall have no right to object as and when the Authority decides to grant
additional Licence for similar facility at the airport premises where the Licensee is rending
such services.
11.
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 operations of the services shall be provided by the
Authority.
12.
All the times during the currency of the licence agreement, it shall be the responsibility of
the licensee to obtain proper fire insurance coverage including theft and burglary in
respect of all 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.
13.
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.
14.
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 alternative
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.
15.
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.
16.
The Licensee shall not erect or display any advertisement or signboards except after
obtaining the prior approval in writing of the Authority.
17.
The Licensee shall not terminate the licence before the expiry of the period of the licence
except by giving 60 days notice in writing, otherwise the Licence shall be liable to pay to
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
22 of 36
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 60 days notice in writing without assigning any reason thereto.
18.
The licensee(s) undertake to pay the full amount of Licence fee/dues regularly as per the
award/agreement and perform all the covenants of the agreement even he/they have
requested for appointment of Arbitrator and / or during the course of arbitral proceedings.
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.
Acceptance of award letter and NIT conditions shall form part and parcel of the Licence
Agreement.
21.
The Authority and the Licensee further agree that they are bound by the General Terms &
conditions found in Annexure ‘I’, and Special Terms & Conditions- Annexure ‘II’, annexed
hereto.
SIGNED BY _____________________________ AIRPORT DIRECTOR, AIRPORTS
AUTHORITY OF INDIA, TRIVANDRUM AIRPORT, FOR AND ON BEHALF OF THE
AIRPORTS AUTHORITY OF INDIA, IN THE PRESENCE OF:
WITNESS:
1.
2.
SIGNED BY ______________________________ FOR AND
______________________________ IN THE PRESENCE OF:
ON
BEHALF
OF
WITNESS:
1.
2.
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
23 of 36
SCHEDULE OF PREMISES
1.
Details of space
Domestic Terminal
: 8081 Sqm
(The area mentioned is for indicative purpose only
and have no binding on the licence fee).
2.
Purpose
For vehicle parking management rights at Domestic
Terminal at Trivandrum Airport.
Domestic Terminal :
Entry Gate : Two lanes should be operational and one lane should be kept ready
for VIP movement.
Exit Gate : Two lanes should be operational and one lane should be
kept ready for VIP movement
SIGNATURE OF THE LICENSEE
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
24 of 36
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 any may peacefully possess and enjoy the premises with use of
the ways, paths and passages as aforesaid during the said term without any lawful
interruption from or by the Authority or any person claiming under the Authority.
3. Any notice required to be served on the Licensee under this Agreement shall be deemed to
have been served if delivered at or sent by registered post to his last known address or to his
authorized representative or agent. Similarly, any notice to be given to the Authority under
this agreement shall be deemed to have been served if delivered at or sent by Registered
post to the Authority who should invariably acknowledge the notice.
a) The period of notice given under this Agreement will count from the date of receipt of
notice by either side.
4. Subject as herein before otherwise provided, all notices to be given on behalf of the Authority
and all other actions to be taken on behalf of the Authority, may be given or taken on behalf
of the Authority by the Airport Director of the Airport or by any other officer for the time
being authorized by or entrusted with the functions, duties and powers of the said Airport
Director, in respect of the airport under his charge.
5. (a) The Licensee shall not, unless with the written consent of the Authority, create a subcontract 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.
06. 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.
8. The Licensee shall at his own cost maintain the premises in a proper state of cleanliness
and abide by such directions as may be given by the Authority and such other departments as
may be entrusted by the rules and regulations with the works of inspection and enforcement
about the conditions of sanitation, cleanliness and hygiene. If the premises is not
maintained in reasonably clean condition by the Licensee, Airport In charge shall have powers
to get the premises cleaned at the risk & cost of the Licensee and recover liquidated damages
at the rate of Rs.500/- per day of each default up to 7 days and thereafter Rs.1000/- per day
and can take other actions including termination of the licence.
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
25 of 36
9. The Licensee shall comply with the requirements of all standard health clauses including
those given below:i)
ii)
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.
All the instructions given by the Airport Health Officer/Medical Health
Officer of AAI or
any persons authorized by them in the maintenance of public health of the Airport including
sanitation control prevention of infectious diseases, control and prevention of nuisance from
insects, rodents, or any other source, shall be carried out by 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 suffering or convalescing from any infectious
disease. The Airport Health Officer may medically inspect the said person of 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 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.
(v)
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 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 the license in complying with either of these conditions specified in the
foregoing sub-clause (i) to (v) , 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 the premises and in
respect of the use of toilet and wash rooms. He shall also have the Character of all
persons employed by him verified by the police to the satisfaction of the Authority, before
the employment.
11.
(a) The Licensee would be required to install adequate number (as may be
decided by Fire Officer or any other authorized Officer of AAI depending upon the area of
the licensed premises) of minimum a 2.5 Kg. CO2 fire extinguisher in the licensed
premises at his cost before commencement of business.
(b) No wooden partition / inflammable materials shall be permitted in the licensed
premises. The material to be used for partition/fabrication of the shop/office premises
shall be as per the specification given by AAI and to be got approved by AAI in advance.
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
26 of 36
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.
The Licensee hereby agrees to provide necessary training to the employees posted in the
licensed premises for handling fire extinguisher as provided in the terminal/licensed
premises.
The Licensee will, during the continuance of this licence insure against any claim for
workmen’s compensation or otherwise of all persons employed by him in connection with
his business to be carried on as aforesaid with such insurance company as the authority
shall approve of and shall produce for inspection on demand by the Authority all policies
in respect thereof and the receipts from time to time for current premium.
15.
In the case of such breach of the terms of this licence as minor offences 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 Licence.
16.
The Licensee shall not hold or permit to be held any public or private auction in the
licensed premises.
17.
The Licensee shall sell articles in the premises at prices which shall be marked on the
articles or on tags attached thereto and it shall not be in excess of the retail prices/fair
prices fixed by the manufacturers or Government or any other local authority whichever is
lower or controlled price in case such controlled price has been fixed by any authority and
in all other cases, not exceeding the reasonable market rates for similar goods. The
authority can after giving reasonable opportunity to the Licensee to show cause, itself fix
the price of any articles, if in its opinion, the prices charged are unreasonable or
exorbitant and there upon the Licensee shall sell only at the price so fixed by the
Authority and he/she shall also be liable to refund to any customer any amount in excess
paid by such customer for any articles in excess of the price so fixed.
18.
It shall be obligatory for the Licensee to keep in stock and in case they are intended for
distribution, distribute the same and display, literature, produced and released by the
Publication Division of Government of India and/or Tourism Department of the Central
Government or of the State Government within whose jurisdiction the Airport is situated
on such terms & conditions as may be fixed by the said Publications Division or said
Tourist Department.
19.
The Licensee shall not stock, sell, display, exhibit for sale any books, Magazines,
Newspapers or periodicals, statues, idols or other articles which are repugnant to morals
or indecent and immoral, improper or otherwise objectionable in character, it being
expressly agreed that the decision of the Authority shall be conclusive in this behalf and
absolutely binding on the Licensee and shall not be subject to any dispute or review.
Apart from any other legal/disciplinary action, the Licensee shall immediately remove
such book, journal or articles from premises, if, as decided by the Authority it is
objectionable in any manner to keep, exhibit or sell the same.
20.
The Licensee shall maintain a complaint book in a prominent place in the premises and in
such a way that it is easily accessible to any person who wishes to record any complaint
and the said book shall be open for inspection fortnightly by the Airport Director of the
Authority.
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
27 of 36
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 if 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 airline operation/total airport operation shall be granted as per the merit
of the case and policy laid down by the airport Authority of India from time to time.
22.
In the event of the Licensee being prohibited from selling one or more articles in the
premises because of Government Laws/Rules/regulations/Orders, the Authority shall not
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.
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.
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 Licence or modification thereof such negotiations should be sought by the Licensee
alone and no collective representation/bargaining will be entertained.
25.
On expiry of the licence period or on termination of the licence by the Authority on
account of any breach on the part of the Licensee, the Licensee shall deliver the
possession of the premises in good condition and in peaceful manner along with
furniture, fittings, equipments and installations, if any, provided by the Authority.
Further, licensee shall remove his/ their goods and other materials from the premises
immediately, failing which Authority reserve its right to remove such goods/materials at
the cost & risk of the Licensee and demand payment for such removal. If such payment
is not made within 10 days, authority shall be at liberty to dispose off the goods/materials
of the Licensee by public auction to recover the cost. The Licensee shall not be entitled
to raise any objection in such an eventuality.
26.
The licence herewith granted shall not be construed in any way as giving or creating any
other right or interest in the said space/building(s)/ land/ garden/tank/premises to or in
favour of the licensee but shall be construed to be only as a license in terms & conditions
herein contained.
27.
The Authority, its servants and agents shall at all times have the absolute right of
into the said premises.
28.
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 all matters provided in the said Act.
29.
All disputes and differences arising out of or in any way touching or concerning this
Agreement (except those the decision whereof is otherwise herein before expressly
provided for or to which the Public Premises (Eviction of Unauthorized Occupants) Act
and the rules framed there under which are now enforced or which may hereafter come
into force are applicable), shall in the first instance, be referred to a Dispute Resolution
Committee (DRC) 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 Law,
entry
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
28 of 36
on this account.
The case shall be referred to the Sole Arbitrator by the
Chairman/Member of the Authority subject to the condition that the licensee shall have to
deposit the disputed amount with AAI as condition precedent before making reference to
the Arbitration for adjudication of dispute.
30.
Similarly before making reference to the Dispute Resolution Committee, the licensee will
have to first deposit the disputed amount with AAI and the consent shall have to be
obtained from the licensee for acceptance of the recommendations of the Dispute
Resolution Committee.
31.
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.
32.
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.
33.
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 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.
34.
Exit Clause, Dispute Resolution, Arbitration & Litigation:
i)
Exit Clause in Contracts: Every commercial contract signed between AAI and the
contractors should incorporate the exit clause explicitly. Types of termination &
conditions are given below:
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 contract 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 been 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 expiry of the notice period. If such
termination happens to fall within 50% of the contract period then the party
is liable to pay AAI the value of licence fee equal to the amount of current
license fee for the six months as demurrage charges. The agreement should
also provide for invocation of arbitration clause only after the internal dispute
mechanism has been exhausted. However, the notice for termination will
deem to have commenced irrespective of the arbitration proceedings.
c) Termination for convenience: Either party AAI on one part and the
contractor on the other part can serve the notice for termination by giving
the requisite notice period. The notice by AAI to be served only after
obtaining the approval of the acceptance authority. Similarly the notice given
by the party should be approved by the acceptance authority. However the
date on which notice was received at AAI will be the commencement of the
notice period and the administrative time required for the approval will not be
added. If the party has served the notice, then the party is liable to pay
demurrage charges. The demurrage charges will be equal to the amount of
six months current licence fee if the termination occurs before the 50%
period of the original contract. The period of 6 months will be reduced to
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
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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, The above clause is to be
highlighted clearly in the NIT.
d) Termination for regulatory/legislative or supervisory requirement:
a) 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 enactment. No
compensation is payable by AAI.
Exponential penalty on licensees @ double the licence fee per month in the form
of damage charges can be imposed on licensees unauthorizedly occupying the
premises after expiry of the contract period.
SIGNATURE OF THE LICENSEE
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
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SPECIAL TERMS AND CONDITONS
(VEHICLE PARKING RIGHTS)
1) The Licensee may regulate the parking of vehicles at the Car Park area at
Trivandrum Airport and charge parking fee at the following rates:
Sl.No
1.
Type of vehicle
Coach/Bus/Truck
Rate (in Rs) (*)
2.
Tempo/SUV/Minibus
Rs.100/-
3.
Car
Rs.85/-
4.
Two Wheeler
Rs.20/-
Rs.100/-
(*)Note:
1) The rates given above will be applicable for 2 (two) hours. After two hours, rate
will be increased by Rs.20/- per hour. For two wheeler, the charge after 2 hours
will be Rs.10/- per hour. The parking rate beyond 7 hours upto 24 hours will be
300% of the first two hour rate and every 24 hours or part thereof.
2) The monthly charges in respect of employees of AAI and other authorized
agencies functioning at airports, cargo complex & AAI offices will be as follows:
a)
b)
c)
d)
e)
f)
AAI employees
Tempo & Truck Operators at
Complex
Others – Car
Others – Two Wheelers
Others – Truck
Agents/Licensee at Cargo Complex
Free of charge
Cargo Rs.1000/-(per Tempo)
Rs.1500/-(per Truck)
Rs. 200/Rs. 100/Rs.1500/Rs. 750/-
Note:
a) The charges for various type of vehicles mentioned above are inclusive of Service
tax. The licensee is not permitted to charge over and above the above mentioned
rate. The above shall be the Parking charges applied to end users, but onus of
depositing all applicable Taxes, prevailing during contract period including Service
Tax in respect of fees collected for Car parking charges shall rest with the Licensee.
b) Persons carrying monthly concessional pass of either Domestic Terminal or
International Terminal are eligible for parking in both terminals without additional
parking fee. This is because Terminal-I & Terminal-II existed in different locations and
both are in the ownership of AAI and to avoid inconvenience to regular employees
working under various agencies at Airport and who requires frequent entry to both
terminals.
c) The charges shall be valid for multiple entries at all the locations of Cargo Complex.
However, for entry at the other locations the prescribed charges as applicable will be
levied.
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
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3) The Licensee shall provide computerized billing system.
4) The billing system should have built in provision to share the invoicing details
with AAI on real time basis. No parking charges to be levied for all vehicles
(LMV) entering the airport for pick up/dropping of passengers or visitors provided
the vehicles does not spend more than 10 minutes in the airport area.
5) 10 minutes free parking time from entry to exit point inclusive of 3 minutes in
front of Terminal Building for pick up and drop is allowed for all vehicles entering
the airport premises.
6) The successful bidder has to ensure uninterrupted movement of VIP/VVIP/ Govt.
vehicles in and out to the Terminal. The number of toll gates to the
operationalized by the successful bidder are as follows:
Domestic Terminal :
i)
Entry Gate : Two lanes should be operational and one lane should be
kept ready for VIP movement.
ii) Exit Gate : Two lanes should be operational and one lane should be
kept ready for VIP movement
7) The Licensee shall use the area allotted for the bonafide purposes as provided in
the Agreement more particularly described in the attached schedule, for the use
of all passengers and bonafide visitors to the Airport and Officers of the Authority
and the staff of the various airlines and concessionaires using the airport for no
other purpose.
8) The Licensee shall install hydraulic boom barriers and provide automatic or semiautomated car access control. RFID Cards shall be provided separately by the
contractor to users as per requirement as and when required/implemented –
once in a time user, monthly passes for daily users, employees and VIPs.
9) Licensee shall not erect or display any advertisement, hoardings, banners or sign
boards, or undertake any modification/construction plan at the allotted space.
Any specific requirement needs to be approved by Airport Directors/Airport in
charge.
10) The licensee shall make their own arrangements for printing and issuing of
vehicle parking tickets along with counter foil of various denominations as per
ticket pattern approved by AAI. No advertisement is permitted on front or
backside of the ticket without the specific approval of the Authority.
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
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11) The Airport Director/Airport In charge will approve the design and location of the
temporary structure/permanent structure required by the Licensee for dispensing
the tickets for parking and other establishment requirement for the Licensee for
running the facility.
12) The licensee shall submit necessary reports with regard to trend of vehicles
parking as well as collection etc as and when desired by AAI in the required
format.
13) The licensee shall have adequate provision to check and carry our through
security screening of all cars entering into the car park with necessary
equipment/gadgets like inverted mirror with adequate trained manpower at the
entry gates of the car park before the cars enter the area and ensure security
requirement. The licensee shall also deploy adequate number of uniformed
security personnel within the car par area to ensure that the cars are parked in
orderly manner in the designated parking lanes and to assist the
passengers/public for easy parking and removal of cars from the car park.
14) The fact that the car park cannot be operated for sometime because of strikes,
lock out by any airlines/agencies or any other reason shall not render the
agreement null and void and Authority shall not be liable for any compensation.
15) The security/custody of vehicles in the car parks will be sole responsibility of the
licensee. The licensee shall take all necessary precautions for the safety of the
vehicles. Ay claims arising out of the neglect of the licensee shall be borne by
the licensee.
16) The licensee shall maintain proper cleanliness in the car park area. All
expenditure on account of maintaining proper cleanliness shall be borne by the
licensee.
17) The AAI shall be free to put up any hoardings or other advertisement material in
the car park area or provide any other facility in the area. Any income arising out
of such facilities shall belong to the Authority and the licensee shall not have any
right of share.
18) The licensee shall follow the instructions about efficient Management of Car
Parks. Any expenses incurred on maintenance of accounts etc shall be borne by
the licensee.
19) Two sets of uniform as per the specifications to be approved by AAI shall be
provided by the contractor to his workers/supervisors at his own cost, he will
also ensure that they are worn by the employees while on duty and kept to tidy
conditions along with name plate including their name conspicuously.
20) The Authority shall have right to demand and inspect the accounts of the licensee
relating to management of car parks and licensee shall furnish to the Authority
such information and books as may be demanded by the Authority from time to
time.
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
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21) Penalties : The penalties will be imposed on violation of terms and conditions of
agreement as per the list given below:
Sl.
No.
1.
2
3
4
5
6
7
Description of irregularities
Penalty
Staff not in uniform/without ID card
Rs.1500/- per penalty
Un-clean premises and improper house-keeping
Vehicles not parked in orderly manner
Charging of parking fee at the time of entrance
Vehicle checking appliances not provided/Hydraulic
barriers not provided
Use of unapproved parking slips
Rs.3000/- per violation
Misbehaviour of parking staff
Refusal to issue monthly pass
Rs.5000/- per violation
Obstruction of free movement to service rooms
/stations utilities
Over charging
10% of monthly licence fee.
Encroachment
Parking Commercial vehicles
On 3rd occasion of irregularities given at Sl. No. 1
to 3
Use of parking space for other than parking 25% of the monthly licence
purposes
fee.
Criminal activity in parking area
On 2nd occasion of irregularities given at Sl. No. 5 50% of the monthly licence
or 3rd occasion of irregularities given at Sl. No. 4
fee.
On 3rd occasion of irregularities given at Al. No.5
100% of monthly licence
fee and/or Termination of
contract without any notice.
Note:
The APD/Airport In charge will have the powers to decide the quantum of penalty based
on the report/ recommendations of 3 officers of the station wherein one of the officer
will compulsorily be the in charge of the Commercial Department of the airport.
22) The licensee should abide all the terms and conditions and Rules & Regulations of
AAI as may be enforced from time to time.
23) The special Terms and conditions above shall form part of the Agreement.
SIGNATURE OF THE LICENSEE
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
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Annexure -A
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 to
the
Licensee
the
licence
for
operating
the
………………………………
………………………………………….. (complete name and place of work) 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 the request of
the licensee we, ……………………………………………………………….. do, hereby
irrevocably and unconditionally undertake to pay to you, the Authority on
demand and without demur or protest and without reference to the Licensee, any
sums of money at any time or from time to time demanded by the Authority on
account of the Licence Fee and Royalty and other charges due from the Licensee
(inclusive of any costs or expenses and interest) and / or by reasons of any
breach by the Licensee of any of the terms and 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
………………………………/USD……………………) 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 or 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 and 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.
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
35 of 36
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 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.
6. This Guarantee shall be valid till……………………………… and you have the right to
encash this Guarantee upto ………………………………… from the said date unless
extended on demand by AAI.
NOTWITHSTANDING anything contained herein:
I
Our liability under this Guarantee shall be limited to a sum of during the
currency of the contract and 3 months thereafter.
II.
This Bank Guarantee shall be valid upto …………………….. and you have the
right to encash this guarantee upto 90 days from the said date.
III.
We are liable to pay the 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………………………….
*****************
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.
36 of 36
Name & Designation of Tender Issuing Officer: R.Rajesh, Sr Manager (Commercial),
Trivandrum Int’l Airport.