LHR-Sec-Tender - Air-India Materials Management Department

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AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON

Dear Handling Agent,

Sub: Security Services to AI flights at London Heathrow International Airport.

Air India at its discretion desires to award Contract for providing Security services to Air

India flights at Heathrow Airport (LHR). As an authorized Handling Agent approved by

Heathrow Airport Limited (HAL), we invite you to submit your offer for providing

Security handling services to Air India flights at LHR in the format provided. Please note that you should offer only those services for which you are the Authorized/Licensed

Handling Company by the Competent Authority.

You are requested to submit your sealed offer on or before 10August 2015 by 1700 hrs in the office of :

Manager-LHR, Air India,

Address: Room 2948, Terminal 4 Arrivals,

Heathrow Airport, Hounslow,

Middlesex, TW6 3FB.

Following Annexure are enclosed with this Tender Document.

Annex I

Air India’s current schedule of operations at LHR.

Annex IIA Resource requirement, procedures and service Standards expected.

Annex IIB

Annex III

Service Level Agreement (SLA).

Air India’s service requirements as per IATA AHM 810, 2013 Version

Annex IV

Annex V

Annex VI

Handling Company profile

Requirements of Commercial offer

Integrity Pact Program

Annex VII Check List

Your offer should be in "Two Separate Sealed Envelopes" as given below:

ENVELOPE - 1: "Handling Company Profile-Technical Offer

Please provide information regarding your Handling Company in general and your capability to provide security services at Heathrow Airport, Terminal 4 in particular.

Your response must reply points mentioned in Annex -IV of this Tender document. pg. 1

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON

In this response please specify the services you intend to offer. "PLEASE DO NOT

QUOTE RATES IN THIS ENVELOPE."

ENVELOPE - 2: "Commercial Offer

Air India’s requirement of services as per IATA AHM 810, 2013 version is specified in Annex-III. Please also refer Annex -IIA for Air India’s resource requirements, procedures to be followed and the service standards expected and to be met for flight handling. Please submit your quotation meeting the requirements of

Annex - IIA, IIB and meeting all the terms and conditions of Annex-V, in the format as given in Annex-V of this Tender Document.

It may please be noted that, both the sealed envelopes must be clearly super scribed as stated above and submitted before the due date. Responses received after the due date, time and incomplete response are liable to be disqualified.

The offers received will be opened in the presence of those bidders who are interested to be present. Initially the Technical offer (Envelope 1) will be opened. Subsequently the

Commercial offer (Envelope 2) will be opened, if possible for those bidders who meet

Air India’s requirements technically, as per Annex-IV.

It may please be noted that Air India Limited reserves the right to accept or reject any bids and

/or cancel the tender process at its own absolute discretion.

If you have any clarifications, please contact Manager, LHR, Air India London on Tel. No:

+ 44-2087451101, +44-2087451103, +44-2087451161

Fax No: 02087451169.

(Manager - LHR)

Air India,

Heathrow, London pg. 2

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON

From

Delhi

ANNEX - I

CURRENT SCHEDULE

(i) AIR INDIA FLIGHT SCHEDULE EFFECTIVE SUMMER SEASON-2015 AT

LHR

Station

To

Flight

No.

Days Dep Arr Aircraft Remarks

London AI 115 1234567 6:50 11:05 B777ER

Delhi

Mumbai

London

London

Ahmadabad London

AI 111

AI 131

AI 131

1234567

1234567

1234567

14:45

7:00

3:45

18:55

11:30

11:30

B787

B787

A321/B787 Via DEL

Amritsar

London

London

London

London

Ahmadabad

Delhi

Delhi

AI 115

AI 130

AI 116

AI 112

1234567

1234567

1234567

1234567

3:00

13:30

13:00

21:30

11:05

6:30+1

2:50+1

11:20+1

A321/B777ER

B787/A320

B777ER

B787

Via DEL

Via DEL

London Mumbai AI 130 1234567 13:30 4:00+1 B787

NOTE:

1.

The Schedule provided above is for Summer Season-2014. It may be clearly noted that Schedule are subject to change & intimation of the same will be provided with reasonable Notice.

2.

Any changes in schedule with reasonable notice will not be a ground for seeking any price escalation by Handling Agent.

3.

A/C configuration: (Subject to change without notice)

Aircraft type Passengers ULD Configuration

A330-200

B777-200LR

B777-300ER

F

00

08

04

J

24

35

35

Y

255

195

303

Pallet

04

04

06

Container

14

18

24

B787-800

B787-900*

18

22

238

250

(*)-Configuration is approximate

04

04

18

22 pg. 3

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON

(ii) SCHEDULE OF SERVICES

Presently, Air India operates 21 turn-around flights per week through London. The schedules will be notified from time to time.

(iii) LOCATION OF SERVICES

Air India is presently operating its flight from T-4 at LHR. As a Star Alliance member, AI will shift operations from T-4 to T-2 subsequently. The service Provider is to confirm that the services under this tender shall be provided initially at T-4 till such time Air India moves its

Flight operation to T-2.

Effective Date for shifting of Air India Flight operation from T-4 to T-2 will be intimated accordingly.

pg. 4

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON

ANNEX - II A

SERVICE STANDARDS, RESOURCES REQUIRED & PROCEDURES

A.

SERVICE STANDARDS

The details of the Job to be performed for Air India Security are mainly guarding of Air

India Aircraft, conduct pre-boarding checks of Aircraft and passengers, which include profiling and physical search of passengers’ hand baggage, check in-flight catering, check and escort cargo, mails etc.

DETAILS OF SERVICES a) Ensure safety and security to Air India Aircraft while on ground at Heathrow

Airport. b) Air India check-in counter starts 4 hours prior to departure schedule. c) Carry out physical search of staff and their personal belongings in order to detect or prevent carriage of weapons, explosives, explosive devices and dangerous devices etc on board the Aircraft. d) Monitoring the Baggage Loading in Baggage Make -up area and oversee the functions of baggage reconciliation either manually as per procedure or as performed by Ramp Handling Agent, to prevent and detect carriage of unauthorized baggage on board the Aircraft. e) Receive and match the interline baggage as per procedure or alternatively arrange positive identification of the same by passengers prior to carriage on board our flights. f) Check and escort cargo, couriers, mails to Aircraft to prevent unauthorized introduction or removal. g) Carry out search of arrival aircraft to ensure that no carry-on baggage or any other valuables belonging to passengers is left behind by passengers and there are no unusual objects, explosive device or weapons concealed on board. h) Carry out pre-boarding checks of Aircraft as per SCD no 1/2013 of DFT (Single

Consolidated Directions (Aviation) 2013) to detect or prevent any unusual objects, explosive device or weapons concealed on board our flights. i) Assist Air India in observance and enforcement of established rules and regulations within the organization or any new procedures, which may be considered necessary by Air India Management. j) Assist and co-operate with Air India or any law enforcement agency at the Airport in carrying out dummy checks and examinations to ensure alertness of security staff involved in flight operations. k) The Security Team provided for Air India should have prescribed educational qualifications and physical standards as per Government requirements specified in UKNASP (United Kingdom National Aviation Security Program - Section 25) and ensure all security staff is well trained and certified. All staff must also be in proper uniform while on duty. pg. 5

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON l) The Security personnel should be well equipped with Hand Held Scanners, Hand

Mirrors, Flash Lights etc. that are required to perform effective security functions. Any defective equipment will be repaired, removed or replaced with serviceable units. m) The security handling team consisting of Security Supervisors and Security Agents must be dedicated and should be readily available to provide security coverage to Air

India flights well in time at the allocated gate as per flight schedule. n) Th e S e c u r i t y S u p e r v i s o r w i l l b e r e s p o n s i b l e f o r l i a i s o n w i t h

Metropolitan Police, HAL Security and DFT and any such agency whose assistance may be needed in day to day working. o) Duri ng contract peri od Ai r Indi a needs t o have a dedicat ed s ecurit y t eam of permanent employees of handling agency for Air India, duly vetted and cleared through Local Police Authorities. p) The Security Handling Company will make necessary arrangement for movement of your staff in performance of their duty by providing suitable vehicle.

Security Job Specification/Requirements (On Hourly Basis)

(a) Passenger Profiling

Areas Session Days No of staff No of Manhours

Check-in

AI-116 from/to

Morning Seven days Three(03) D-4

Total Manhours

12hrs

AI-130

AI-112

Morning

Evening

Seven days Three(03) D-4

Seven days Three(03) D-4

12hrs

12hrs

Two security staff to be detailed at check-in counters to profile passengers with security questioning before they are allowed to proceed for check-in counters. Additionally one security staff will perform OOG functions in addition to the above functions. OOG functions are mandatory requirement of DFT

(b) Baggage Makeup and Interline Baggage Security

Areas Session Days No of staff No of Manhours

Total Manhours

Baggage

Make-up

Morning

Morning

Seven days

Seven days

One (01)

One (01) from/to

D-4

D-4

04hrs

04hrs

Evening Seven days One (01) D-4 04hrs

Security staff posted in baggage make-up area is required to guard the bags to avoid any pilferages. He is required to supervise the loading of joining bags and interline bags in container, seal Containers and send to Aircraft. He will also co-ordinate with Ramp Agent for baggage reconciliation and apprise the Supervisor on duty, who will submit the details in Baggage Manifest Declaration Format as per the requirement of DFT. A copy of the pg. 6

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON container chart will be kept in container pocket.\

(c) Cargo Escorting Duties

Areas Session Days

Cargo

Warehouse to Bay

Morning Seven days

No of staff No of Man hours

One (01) from/to

D-2

Morning Seven days

One (01) D-2

Total Manhours

02hrs

02hrs

Evening Seven days

One (01) D-2 02hrs

Security staff posted for Cargo Escorting is required to report to Cargo Warehouse and liaise with cargo coordinator, collect relevant documents, supervise loading of

ULDs in trucks and escort the same to Aircraft.

(d) In-Flight Catering Security

Areas Session

Flight kitchen

Morning

Days

Seven days

No of staff No of Man-

One (01) hours from/to

D-3

Total Manhours

03hrs

Morning

Evening

Seven days One (01)

Seven days One (01)

D-3

D-3

03hrs

03hrs

The security staff posted at flight kitchen is required to check Meal carts, cabinets and oven cages; check the contents to prevent or detect any unauthorized items been introduced before loading. Affix seals on the meal carts and cabinets and supervise loading the sealed Meal carts, cabinets, oven cages in catering trucks, ensure trucks are sealed and send to Aircraft.

(e) Aircraft Security

For Aircraft Security eight (08) Security personnel required as under:

Areas Session

Aircraft

Door (L1)

Morning &

Evening

Days No of staff No of Manhours

Seven days One (01) from/to

Chocks on till chocks off

Total Manhours

02hrs &

30mts pg. 7

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON

Areas

On search

Ramp guarding

Secondary checks board

Aircraft door (L4)

Session

Morning &

Evening

Morning &

Evening

Morning &

Evening

Morning &

Evening

Days No of staff No of Manhours from/to

Seven days Three (03) 1hr

30mts

&

Seven days One (01)

Seven days Two (02)

1M & 1F

Seven days One (01)

Chocks on till chocks off

1hr &

30mts

Chocks on till chocks off

Total Manhours

04hrs

30mts

02hrs

30mts

03hrs

02hrs

30mts

&

&

&

1) One security staff at the entrance of Aircraft door (L1) for guarding and regulating only genuine staff to enter Aircraft after frisking and maintain register. Carry out phys i cal search of an y i t em t aken i nsi de the Ai rcraft and prevent rem oval of unaut horiz ed i t em s from Ai rcraft . C heck

Boardi ng cards of pas s engers whil e boardi ng t o ensure onl y genui ne pass engers board.

2) Three Security staff for pre-boarding cabin checks and to maintain surveillance on

Cabin cleaners and catering loaders.

3) One Security staff at Aircraft Cargo hold 5 (Ramp) to supervise off-loading, loading of cargo, courier, mails and baggage. He will also verify the seals on in flight catering hi-lift before it is aligned to Aircraft.

4) Two Security staff for random physical search of passenger handbags and pat down searches at gate while boarding.

5) One security supervisor for overall supervision, co-ordination and assist in physical search of hand bags at gate while boarding.

6) One security staff to check and regulate cleaning staff and their equipment while they access the Aircraft to prevent and detect any unusual objects, explosive device or weapons taken on board and also to prevent any Air India property being removed from our flights while they deplane.

B.

RESOURCE REQUIREMENTS – (On per flight basis)

Areas

Supervisor

No of staff

One (01)

Hrs per staff

04 hrs

Total Man-hours

04 hrs

A/c Door L1

A/c Door L4

One (01)

One (01)

Ramp One (01)

On board checks* Three(03)

Two (02) H/bag checks* and Body search

Pax profiling Three(03)

02 hrs & 30mts

02 hrs & 30mts

02 hrs & 30mts

01 hr & 30mts

01 hr

04 hrs

02 hrs & 30mts

02 hrs & 30mts

02 hrs & 30mts

04 hrs & 30mts

02 hrs

12 hrs pg. 8

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON

Areas

Baggage M/up

No of staff

One (01)

In flight Catering One (01)

Hrs per staff

04 hrs

03 hrs

Total Man-hours

04 hrs

03 hrs

Cargo escort One (01) 02 hrs 02 hrs

* After completion of on board checks, Two(02) out of the Three(03) security agents to be deployed for H/bag checks and Body search functions.

Total number of security staff required for flight handling (01 supervisor + 1 2 security agents per flight).

C.

SECURITY SERVICE PROCEDURES

1) Procedure for Passenger and Baggage Security a) Profiling of passengers before check-in. b) Surveillance in Baggage Make-up. c) Baggage reconciliation of registered baggage. d) Identification of Interline/transfer and mishandled baggage. e) Random secondary frisking of passenger and their hand baggage before boarding the flight.

2) Procedure for Security of Cargo, Courier and Postal mail bags. a) Escorting of Departure Cargo, Courier and Mails from Cargo Warehouse to

Departure Bay.

3) Procedures for Security of Catering Uplift. a) Security check on meal uplift in flight kitchen. b) c)

Sealing of checked meal carts, cabinets and oven cages.

Security check of the hi-lift before loading. d) Surveillance over loading sealed Meal Carts, Cabinets and Oven cages in hi lift, seal hi-lift and escort to Aircraft.

4) Procedures for Aircraft Security. a)

Security of access control of Aircraft during its full ground time. Security check of authorized personnel and materials gaining entry to and exit from the Aircraft and maintaining record of the same. Security check of boarding b) cards while boarding to ensure only genuine passengers board.

Surveillance over loading and unloading activities of baggage, cargo, courier and postal mails under the aircraft. c)

Surveillance over loading and unloading of catering items from Hi -lift and d)

Aircraft.

Surveillance over staff accessing external panels for water servicing, drainage, fuel uplift etc. e)

Pre boarding checks of Aircraft cabin including cargo holds and surveillance over ground staff working in and around the Aircraft. pg. 9

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON

5) Additional Security Services whenever required:

Areas

Document

(additional) checks

No of staff

Two (02)

Hrs per staff

02hrs

Total Man-hours

04 hrs a) Two Security Agents for travel document checks for westbound flights

(flights going to USA/Canada) at boarding gate. One staff at the check-in counters for document checks whenever there are west bound flights. b) Security Agents employed for documents checks must be fully conversant with document checks and should have similar knowledge of USA and

Canadian Immigration Rules. c) Any additional security services as may be required as per the guidelines of local regulatory authorities (DFT-BAA) or Bureau of Civil Aviation

Security (BCAS- India) or as per Air-India guidelines will have to be provided by the handling company. pg. 10

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON

ANNEX- II B

S E R V I C E L E V E L A G R E E M E N T

This SLA is made between the representatives of AIR INDIA LTD.

, hereinafter referred to as

“ The Carrier” and ___________ hereinafter referred to as "The Handling Company" for the location Heathrow Airport concerning service delivery standards for the security services contracted between the two parties. Reasonableness will be applied in the application of the standards.

The Handling Company is aware that the delivery of service standards shall not compromise safety procedures.

TARGET SERVICE LEVELS

GENERAL 1.

100% On Time Performance

SECURITY 2.

2.1 Positional Deployment of staff as per agreement

2.2 Discrepancy in service

PENALTY CLAUSE

1.

ON TIME PERFORMANCE

Delays attributed to Handling Agent beyond norms

Up to 10mts 10% of handling charge for delayed flight

100%

NIL

11 to 30mts

31 to 60mts

15% of handling charge for delayed flight

30% of handling charge for delayed flight

61 or more 50% of handling charge for delayed flight a)

Repeated non-compliance of norms will be levied a penalty of 10% of handling charges for the affected flights. b)

In addition to the above the handling company will be responsible for any fine and penalty paid by the Carrier due to incorrect checking of travel documents, the same will be reimbursed to the Carrier by the Handling Company on production of documentary evidence. pg. 11

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON c)

Deployment of Manpower lesser than indicated in the Annex IIA will subject to penalty as follows :

Shortage of upto 1 staff

Shortage of more than 1 staff

GBP 50 per flight

GBP 100 per flight d)

Fines levied on inadmissible passenger checked by security staff is to be paid by the

Handling Company. e)

Air India believes that Transfer of Undertakings (Protection of Employment)

Regulations 2006, as amended ("TUPE") is applicable to the Handling Company.

Signed the

At London

For and on behalf of

The Handling Company

The Handling Company

By

Signed the

At

For and on behalf of

Air India Ltd.

The Carrier

By pg. 12

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON

ANNEX - III

Security handling services required by Air India as per IATA AHM 810, 2013 version.

SECURITY SERVICES FOR PASSENGER FLIGHTS

A Security Services required at T-4, from 15 September to 31 Oct 2015 (07 Weeks approx.or actual date of shifting of Air India Operation from T-4 to T-2.)

Section 7 Services

(As per SGHA 2013)

7.1.1(a)(1,2), Provide matching of passengers against established data ,

And Security Questioning

7.1.2(b), Arrange Screening and physical examination of Checked, transfer and mishandled baggage.

Identification of security cleared baggage.

7.1.3(b)(1,2,3),

7.1.4(a)(1,2,4)

,

7.3.1(a)(3,4,5,6)

7.4.1(a)(1,2),

,

Arrange for screening /physical examination of passengers and

Cabin/unchecked baggage.

Provide identification of passenger prior to boarding, reconciliation of boarded passenger with their bag, and offloading of baggage for passenger who fail to board A/c.

Provide security check of catering uplifts, sealing of food and/or bar trolleys/containers, physical examination of catering vehicles prior to loading, sealing of catering vehicles

Provide for control of access to aircraft and designated area.

7.4.2(a)(1,2,3 - a,b,c), Provide searching, guarding and sealing of aircraft, designated areas and baggage in the baggage make-up area.

7.4.3(a)(1)(2) Provide security personnel to safeguard all loads during the transport between aircraft and designated locations. And during offloading/loading of aircraft.

7.5 Provide or arrange for additional security services. pg. 13

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON

B Security Services required at T-2 from 1 Nov 2015 to 31 July 2018 (144 weeks approx. or Actual date of commencement of AI Flight operations at T-2 )

Section 7 Services

(As per SGHA 2013)

#7.1.1(a)(1,2)

#7.1.2(b)

Provide matching of passengers against established data ,

And Security Questioning.

Arrange Screening and physical examination of Checked, transfer and mishandled baggage.

Identification of security cleared baggage.

#7.1.3(b)(1,2,3)

7.1.4(a)(1,2,4)

7.3.1(a)(3,4,5,6)

7.4.1(a)(1,2),

Arrange for screening /physical examination of passengers and

Cabin/unchecked baggage.

Provide identification of passenger prior to boarding, reconciliation of boarded passenger with their bag, and offloading of baggage for passenger who fail to board A/c.

Provide security check of catering uplifts, sealing of food and/or bar trolleys/containers, physical examination of catering vehicles prior to loading, sealing of catering vehicles

Provide for control of access to aircraft and designated area.

7.4.2(a)(1,2,3 - a,b,c), Provide searching, guarding and sealing of aircraft, designated areas and baggage in the baggage make-up area.

7.4.3(a)(1)(2) Provide security personnel to safeguard all loads during the transport between aircraft and designated locations. And during

7.5 offloading/loading of aircraft.

Provide or arrange for additional security services.

(#) Services only for First class, business class, premium passengers who report at wave 3 for check-in.

Note:

*The Security Service provider shall have presence at both T4 and T2, with a capability of providing Security services at both Terminal T4 and T2.

*As Air India is shifting its operations to T2 from T4, the security service provider should be a

Service provider at T2, at least 12 months preceding to the date of tender, for effective and smooth transition. pg. 14

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON

ANNEX -IV

HANDLING COMPANY PROFILE

Please furnish following information and other relevant information pertaining to your

Handling Company in general and your facility and capability at T-2 and T-4 Heathrow

Airport in particular covering following:

1.

Name. Address, Contact Tel No., Fax No., E-mail address etc.

2.

Brief resume of Handling Company, specifying incorporation and capabilities for providing security services to different Aircraft.

3.

Experience as Handling Company providing complete security services (as indicated in

Annex-III) and the number of Airlines handled at present.

4.

Please give brief description of resources held at Heathrow Airport & date since when providing handling services at Heathrow Airport: a) Manpower: No of skilled security personnel, b) Assets:

Supervisory etc. on your payroll at Heathrow Airport.

Offices, etc.

c) Equipment: i.

No. of Equipment type like HHMD, Portable X-Ray machine and other security gadgets. ii.

No. of simultaneous wide-bodied flights you can handle at Heathrow

Airport. iii.

No. of flights that you will be required to handle when Air India flights are on ground - Please specify Day wise position. d) Please provide information in the following format regarding services being rendered

(i) T-2 Heathrow Airport. by you to the Airlines at

Services

Provided

Type of

Aircraft

Frequency Names of

Airline pg. 15

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON

(ii) T-4 Heathrow Airport.

Names of

Airline

Services

Provided

Type of

Aircraft

Frequency

5.

Handling company's approx. financial turnover annually - by way of providing ground handling service at Heathrow Airport.

6.

The Service Provider must confirm that the services under this tender shall be provided initially at T-4 till 31 Oct 2015 and then at T-2 from 1 Nov 2015 when Air India moves its

Flight operation to T-2.

7.

The Security Service Provider shall have presence at both T4 and T2, with a capability of providing Security services at both Terminal T4 and T2.

8.

As Air India is shifting its operations to T2 from T4, the security service provider should be a Service provider at T2, at least 12 months preceding to the date of tender, for effective and smooth transition.

9.

Whether your company is approved licensed handling agency by the Competent Authority for provision of security services offered by you. If' yes, please give details.

10.

Please confirm that you comply with all requirements under local laws/rules related with safety, Labour and any other applicable regulations & comply with all requirements under IATA, ICAO, FAA, Local laws/rules related with safety, Labour, and any other applicable regulations. If yes, please give details or specify.

11.

The attention of Handling Agency is drawn to the Transfer of Undertakings (Protection of

Employment) Regulations 2006, as amended ("TUPE"). If yes, please give details on the following: a) The Contractor acknowledges that the termination of this Contract and/or the transfer of responsibility for the operation of the services or any of them to a

Successor Contractor will constitute a “relevant transfer” to which TUPE shall apply and the Employees shall be automatically transferred to the Successor

Contractor. b) The Contractor will comply with its obligations under TUPE as transferor, and will indemnify Air-India and the Successor Contractor against any failure to do so, except if and to the extent that the Contractor is unable to do so as a result of any act or default of the Successor Contractor. c) In addition, the Contractor will provide to Air-India promptly on request, pg. 16

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON

“employee liability information” (as defined in TUPE), other than the names or addresses of Employees or any other information which, if given, would render the Contractor breach of data protection law, and the Contractor irrevocably consents to the disclosure of such information by Air-India to any potential

Successor Contractor for use only in connection with the Successor Contractor’s prospective appointment as a provider of some or all of the Services. d) The Contractor will indemnify any Successor Contractor from and against any claims, costs (including costs relating to settlement), expenses or liabilities arising out of or in connection with the Employees in so far as they relate to some act or omission on the part of the Contractor during the period up to the termination of this Contract (and including any such claims expenses or liabilities that arise in the context of a transfer of employment to the Successor

Contractor) and will, at the request of Air-India give such an indemnity direct to a Successor Contractor.

12.

Please note that as per our Company Policy, Liability & Indemnity and Termination clause as per article 8 and 11 of IATA SGHA 2013 version, must be acceptable to you and is a pre-requisite, please confirm.

13.

Please confirm that there will be no escalation in handling charges in case of or change in schedule of operations.

14.

Please confirm that you have qualified security personnel, to perform security functions meeting all the federal requirements. Also advise specific training / refresher courses being provided to them at your end.

15.

Please confirm that the Handling Company will deploy qualified / trained Security personnel to perform Security function meeting all the federal / DFT and any other statutory requirements.

16.

Necessary Carrier specific training as decided by the carrier will be provided for which no reimbursement will be made to the Handling Company by the carrier for deputing their staff to undergo the same. Please confirm, if the same is acceptable to your Company.

17.

Contact person for Air India for this tender, with contact address and telephone numbers. A brief resume of person with whom Air India will deal on day to day basis, if the contract is awarded to your company.

18.

GHA will be executed in the form of Annex -B simplified version of SGHA 2013.

Service Standards, Resources required & Procedures as on Annex IIA and Service Level agreement including penalty clause as enumerated in Annex IIB, will be attachment to the GHA. Please confirm whether the same is acceptable to you.

19.

Please confirm commencement of services with effect from 15 September 2015, if the contract is awarded to you. pg. 17

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON

20.

The security handling agency has requisite authorizations to perform their functions when

Air India’s flight operations are transferred from Terminal 4 to Terminal 2. Please confirm.

21.

The Integrity Pact Program will remain integral part of Agreement.

22.

BASIC EVALUATION CRITERIA

The Handling Company will be deemed technically qualified based on the evaluation criteria given below, for which the minimum qualifying points will be 14. a) b)

Minimum points to be obtained to qualify for the final evaluation process are Fourteen

(14).

The term “Ground Handling Services” means Security Service only meeting all requirements of ‘IATA Standard Ground Handling Agreement’ Annex “B” (2013). c) d)

The interested party should be an existing service provider at T-2 for the last 12 months.

The service provider should be able to provide services at terminals T-4 and T-2 of

Heathrow Airport.(Refer Para (iii) of Annex-I

REQUIREMENT GRADING (in Points) i.

Security services being provided at New T-2 a.

Less than 1 Month – b.

01 to 06 Months - c.

More than 06 Months - d.

More than 12 months -

0 point

3 point

5 points

6 points ii.

Number of years in the business of providing Security Services for Passenger flights. a.

Less than 2 years – 0 point b.

03 to 05 years c.

06 to 09 years

-

- d.

10 years & above -

1 point

3 point

5 point iii.

Number of Airports where you have Security Services set up a.

One Airport - b.

02 to 05 Airports - c.

06 to 09 Airports - d.

10 Airports & above -

1 point

2 point

3 point

5 point iv.

Total number of client Airlines to which you are providing Security Services at the

Airports of your operation. pg. 18

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON a.

Less than (03) client airlines - 0 point b.

03 to 05 clients c.

06 to 10 clients d.

11 to 15 clients e.

16 to 20 clients f.

21 & more clients

- 1 point

- 2 point

- 3 point

- 4 point

- 5 point v.

On how many flights you had provided Security Services annually. Please provide maximum numbers of flights handled by you during the year 2014 at any single

Airport of your operation. Indicate the name of the Airport. a.

Less than Five Hundred (500) flights annually at any single Airport of your operation will not be considered. b.

Less than Five Hundred (500) flights – 0 point c.

500 to 1000flts d.

1001 to 2000flts e.

2001 to 3000flts f.

3001 to 5000flts g.

5001 and above

- 1 point

- 2 point

- 3 point

- 4 point

- 5 point vi.

Number of Airlines conventional & wide bodied handled at the same time. a.

Less than Two (02) Airlines for wide bodied annually at Airport of your operation will not be considered. b.

02 to 04 Airlines - 1 Point

- 2 point c.

05 to 09 Airlines d.

10 to 15 Airlines e.

16 to 20 Airlines f.

21 & above

- 3 point

- 4 point

- 5 point vii.

Number of Accreditations / Certifications / Approvals for Security Services held by you. a.

One b.

Two c.

Three

- 0 point

- 1 point

- 2 point d.

Four - 3 point e.

Five & above - 4 point viii.

The Annual Turnover of the Company in GBP. a.

Upto 0.75 million - 1 point b.

0.75 to 1.5 million - c.

1.5 to 2.5 million -

2 point

3 point d.

2.5 to 3.5 million - e.

Over 3.5 million -

4 point

5 point pg. 19

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON

23 . It is expressly understood and agreed by and between the Security Handling

Agency (the corporation) and Air India (the Indian PSU) that Air India is entering into this agreement solely on its own behalf and not on behalf of any other person or entity. In particular it is expressly understood and agreed that the Government of India is not a party to this agreement and has no liabilities, obligations or rights hereunder. It is expressly understood and agreed that Air India is an independent legal entity with power and authority to enter into contracts solely in its own behalf under the applicable laws of India and general principles of Contract Law. The Security Handling Agency expressly agrees, acknowledges and understands that Air India is not an agent, representative or delegate of the Government of India. It is further understood and agreed that the Government of India is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of the contract. Accordingly, the Security Handling Agency hereby expressly waives, releases and forgoes any and all actions or claims, including cross claims, impleader claims or counter claims against the Government of India arising out of this contract and convenient not to suit the Government of India as to any manner, claim, cause of action or things whatsoever arising of or under this agreement.

24. AI is committed to fostering the most ethical and corruption free business environment.

AI values its relationships with all Counterparts and deals with them in a fair and transparent manner. Your offer must confirm signing of Integrity Pact as per guidelines of Integrity Pact Program of Annex-VI.

Response to be signed by Authorized Signatory with company Seal

(Please do not quote price in response to this Annexure pg. 20

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON

ANNEX - V

COMMERCIAL OFFER

Your quotation must cover following points:

1.1 Quotation for providing services as per service requirements listed in Annex III, following the procedures and meeting the resources required and service standards and SLA as in Annex IIA and IIB.

Please note, your quotation must be in the form of Annex B, simplified Version of IATA

SGHA 2013, with the Rates strictly as in the following Format.

PARAGRAPH 1 – HANDLING CHARGES

1.1 For a single ground handling consisting of arrival and the subsequent departure at agreed timings of the same aircraft, the Handling Company shall provide the

following services at the following rates.

Para1.1.1: Services requirement of Security

A A t T-4, from 15 September to 31 Oct 2015 (07 Weeks approx.or actual date of shifting of Air India Operation from T-4 to T-2.)

(i) Security Services required

Section 7

(As per SGHA 2013)

7.1.1(a)(1,2),

Services

7.1.2(b),

7.1.3(b)(1,2,3),

7.1.4(a)(1,2,4)

7.4.1(a)(1,2),

,

7.3.1(a)(3,4,5,6)

,

Provide matching of passengers against established data ,

And Security Questioning

Arrange Screening and physical examination of Checked, transfer and mishandled baggage.

Identification of security cleared baggage.

Arrange for screening /physical examination of passengers and

Cabin/unchecked baggage.

Provide identification of passenger prior to boarding, reconciliation of boarded passenger with their bag, and offloading of baggage for passenger who fail to board A/c.

Provide security check of catering uplifts, sealing of food and/or bar trolleys/containers, physical examination of catering vehicles prior to loading, sealing of catering vehicles

Provide for control of access to aircraft and designated area. pg. 21

AIR INDIA LIMITED

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TENDER FOR SECURITY SERVICES AT LONDON

7.4.2(a)(1,2,3 - a,b,c), Provide searching, guarding and sealing of aircraft, designated areas and baggage in the baggage make-up area.

7.4.3(a)(1)(2) Provide security personnel to safeguard all loads during the transport between aircraft and designated locations. And during

7.5 offloading/loading of aircraft.

Provide or arrange for additional security services.

(ii) Resource Requirements – (On per flight basis)

Areas

Supervisor

No of staff

One (01)

Hrs per staff

04 hrs

A/c Door L1

A/c Door L4

One (01)

One (01)

Ramp One (01)

On board checks* Three(03)

H/bag checks* and Body search

Two (02)

02 hrs & 30mts

02 hrs & 30mts

02 hrs & 30mts

01 hr & 30mts

01 hr

Total Man-hours

04 hrs

02 hrs & 30mts

02 hrs & 30mts

02 hrs & 30mts

04 hrs & 30mts

02 hrs

Pax profiling

Baggage M/up

Three(03)

One (01)

04 hrs

04 hrs

12 hrs

04 hrs

In-flight Catering One (01)

Cargo escort One (01)

03 hrs

02 hrs

03 hrs

02 hrs

* After completion of on-board checks, Two (02) out of the Three (03) security agents to be deployed for H/bag checks and Body search functions.

Total number of security staff required per flight for flight handling:

Aircraft Type

B-777, B-787, B-747

Supervisor Security Agents

1 12

Detailed “Security Service-Procedures” is attached as “Annex-II A”.

(iii) Per Flight Handling rates applicable in GBP

Type of Aircraft Rate per flight

B-777, B-787, B-747

(iv) Discount Percentage (%) on basic handling charge(Para 1.1.2) for total no of flights in a month.

60 or less

Average Flights per Month

61 to 80 81 to 100 More than 100 pg. 22

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON

B At T-2 from 1 Nov 2015 to 31 July 2018 (144 weeks approx. or Actual date of commencement of AI Flight operations at T-2 )

(i) Security Services required

Section 7 Services

(As per SGHA 2013)

#7.1.1(a)(1,2)

#7.1.2(b)

Provide matching of passengers against established data ,

And Security Questioning.

Arrange Screening and physical examination of Checked, transfer and mishandled baggage.

Identification of security cleared baggage.

#7.1.3(b)(1,2,3)

7.1.4(a)(1,2,4)

7.3.1(a)(3,4,5,6)

7.4.1(a)(1,2),

Arrange for screening /physical examination of passengers and

Cabin/unchecked baggage.

Provide identification of passenger prior to boarding, reconciliation of boarded passenger with their bag, and offloading of baggage for passenger who fail to board A/c.

Provide security check of catering uplifts, sealing of food and/or bar trolleys/containers, physical examination of catering vehicles prior to loading, sealing of catering vehicles

Provide for control of access to aircraft and designated area.

7.4.2(a)(1,2,3 - a,b,c), Provide searching, guarding and sealing of aircraft, designated areas and baggage in the baggage make-up area.

7.4.3(a)(1)(2) Provide security personnel to safeguard all loads during the transport between aircraft and designated locations. And during

7.5 offloading/loading of aircraft.

Provide or arrange for additional security services.

(#) Services only for First class, business class, premium passengers who report at wave 3 for check-in.

(ii) Resource Requirements – (On per flight basis)

Areas

Supervisor

A/c Door L1

A/c Door L4

No of staff

One (01)

One (01)

One (01)

Hrs per staff

04 hrs

02 hrs & 30mts

02 hrs & 30mts

Total Man-hours

04 hrs

02 hrs & 30mts

02 hrs & 30mts

Ramp One (01)

On board checks* Three(03)

H/bag checks* and Body search

Two (02)

Pax profiling One(01)

02 hrs & 30mts

01 hr & 30mts

01 hr

04 hrs

02 hrs & 30mts

04 hrs & 30mts

02 hrs

12 hrs pg. 23

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON

Baggage M/up One (01)

In-flight Catering One (01)

Cargo escort One (01)

04 hrs

03 hrs

02 hrs

04 hrs

03 hrs

02 hrs

* After completion of on board checks, Two (02) out of the Three(03) security agents to be deployed for H/bag checks and Body search functions.

Total number of security staff required per flight for flight handling:

Aircraft Type

B-777, B-787, B-747

Supervisor Security Agents

1 10

Detailed “Security Service-Procedures” is attached as “Annex-II A”.

(iii) Per Flight Handling rates applicable in GBP

Type of Aircraft Rate per flight

B-777, B-787, B-747

(iv) Discount Percentage (%) on basic handling charge (Para 1.1.2) for total no of flights in a month.

Average Flights per Month

60 or less 61 to 80 81 to 100 More than

100

The security charges per flight are for resources requirement given in Annex IIA. The charges must be inclusive of all security gadgets such as HHMD, Tables for Hand Baggage Search,

Trolley’s for carriage of Security gadgets between office and Boarding Gate.

Please specify any taxes, conditions, limitations, restrictions, surcharges, levies, royalties that may be applicable on the quoted prices.

Notes: i) Lowest quote shall be calculated based on the total cost of three years on current flight schedule including discount offered on current volumes of operation.

1.2 Guidelines: i.

Please note that the rates, discount percentage and Additional Rates/charges in Para

1.1.1, and Para 2(Additional Charges) of this Annex V will remain same throughout the contract for summer and winter schedules. Escalation if any due govt. directive, wage increase mandated by relevant authorities shall be absorbed by the handling company. ii.

Please quote the rates for 3-year contract and confirm that the rates applicable will be pg. 24

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON firm for the second year and third year of the contract as well. iii.

Please note that no escalation in handling charges will be acceptable in case of change in schedule of operations. iv.

No additional charge to be levied to Air India for handling of flights during nights, holidays, off days including Sundays and Public Holidays. v.

No additional charge for flights delayed upto 04 hours beyond scheduled time of

Departure. vi.

Please confirm that there will be no charge for flight cancellations, where more than 05 hours notice is given by the Carrier.

There will be no charge for flight cancellation, if informed to Security service provider more than 5 hours prior to STA. vii.

The Handling Company will be responsible for any fine and penalty paid by Air India due to incorrect checking of travel documents, and the same will be reimbursed to

Air India by the Handling Company on production of documentary evidence.

Fines levied on inadmissible passenger checked by security staff is to be paid by the

Handling agency. viii.

Necessary arrangement for movement of your staff in performance of duties will be made by the Handling Company by providing suitable escort vehicle at no extra cost to Air India.

ix.

No reimbursement will be made to the Handling Company for deputing their staff to undergo airline specific training if required by Air India. x.

Please specify, handling charge that shall be applicable for Handling of flight where there will be no change of load for commercial purpose. xi.

Please note that your quotation should be in the form of Annex B, simplified version of IATA SGHA 2013. xii.

Please confirm point-wise that you agree to the terms as specified in the Annex IV &

V and meeting all the Requirements of Annex IIA, IIB. xiii.

Rates in Para 1.1.1-A shall continue till such time Air India flight operations shift to

Star Alliance Terminal(T-2).

PARAGRAPH 2 - ADDITIONAL CHARGES

2.1 All services not included in Paragraph 1 above will be charged as per actual Manhours. pg. 25

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON

Manhour rate for Additional Services:

Aircraft Type Manhour Rate GBP

Supervisor

Security officer

Charges for Additional Services(If any)

Additional charges for Additional services

Document checks

(USA & Canada)

Per Flight in GBP

PARAGRAPH 3 - DISBURSEMENT

3.1

Any disbursements made by the Handling Company on behalf of the carrier will be reimbursed by the Carrier at cost price as per actuals on presentation of payment proof.

PARAGRAPH 4 – TRANSFER OF SERVICES

4.1 Notwithstanding Sub-Article 3.1 of the Main Agreement, the Handling

Company hereby confirms not to sub-contract any of the services being provided to the carrier as contained in this Annex.

PARAGRAPH 5 - DURATION, MODIFICATION AND TERMINATION

5.1 (a) This Annex B shall be valid from 15-September 2015 for a period of 3 years. In accordance with sub-article 11.5 of the Main Agreement, either party can terminate the agreement earlier by serving sixty (60) days prior notice. However in case of discontinuation of Carrier’s flight operation, termination will be without such notice.

(b) In the event of Handling Company’s permits or other authorisations to conduct its services as per Annex B ( all services or part thereof ) being revoked, cancelled or suspended, Handling Company shall notify the Carrier without delay ( within 24 hrs. of such suspension / cancellation of authorisation ).

(c) In case of such cancellation of authority, Handling Company shall arrange these services through alternate Service provider at its own cost, failing which carrier shall arrange services through other alternate and the resultant cost will be debited to the

Handling Company for remaining period of the contract or balance termination notice period. pg. 26

AIR INDIA LIMITED

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5.2 Notwithstanding Sub-article 11.11, the rates as in para 1.1.2 and 2.1 above will remain firm for the duration of the contract and no escalation for any reason would apply.

PARAGRAPH 6 - SETTLEMENT OF ACCOUNT

6.1 Notwithstanding Sub-Article 7.2 of the Main Agreement, settlement of account shall be effected in local currency by the Carrier locally and monthly within 30 days of receipt of invoice from the Handling Company.

PARAGRAPH 7 - LIMIT OF LIABILITY

7.1 The limit of liability referred to in sub-article 8.5 of the Main Agreement will be

USD 1,500,000 per incident.

PARAGRAPH 8 - LAW & ARBRITATION

8.1 In accordance with article 9 of the main agreement, this Annex B shall be governed by and interpreted in accordance with the laws of England and Wales. The courts for the resolution of disputes shall be the courts of England and Wales.

PARAGRAPH 9 – ADDITIONAL CLAUSE

9.1 "It is expressly understood and agreed by and between ___________________ , the service provider and Air India Ltd. (the Indian PSU) that Air India Ltd. is entering into this agreement solely on its own behalf and not on behalf of any other person or entity. In particular it is expressly understood and agreed that the Government of

India is not a party to this agreement and has no liabilities, obligations or rights hereunder. It is expressly understood and agreed that Air India Ltd. is an independent legal entity with power and authority to enter into contracts solely in its own behalf under the applicable laws of India and general principles of Contract Law.

____________ expressly agrees, acknowledges and understands that Air India Ltd. is not an agent, representative or delegate of the Government of India. It is further understood and agreed that the Government of India is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of the contract. Accordingly, ____________Co. Ltd. hereby expressly waives, releases and forgoes any and all actions or claims, including cross claims, impleader claims or counter claims against the Government of India arising out of this contract and covenants not to suit the Government of India as to any manner, claim, cause of action or things whatsoever arising of or under this agreement.

PARAGRAPH 10 - PARAGRAPH 10 - SERVICE LEVEL AGREEMENT &

INTEGRITY PACT pg. 27

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON

10.1 The executed Service Level Agreement with Penalties, to be attached as

Annexure and will form integral part of the SGHA.

10.2 The executed Integrity Pact, to be attached in this Annex as Appendix.

10.3 The Handling Company agrees to provide the services in accordance with the Services Standards as required by the Carrier.

Signature of Authorised Signatory

With Company Seal pg. 28

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON

ANNEX-VI

INTEGRITY PACT PROGRAM

I. INTRODUCTION

Air India Limited is a premier Public Sector airline (formed with the merger of the erstwhile Air-India and Indian Airlines) engaged in air transportation of passengers and cargo in India and abroad. The brand name of the Company is AIR-INDIA and it conducts its business by benchmarking itself to the highest ethical standards, and adopting the best practices followed by the industry.

It does business with a number of domestic and international Bidders, Contractors and Vendors of goods and services (Counterparties). Air India Limited is committed to fostering the most ethical and corruption free business environment. Air India Limited values its relationships with all Counterparties and deals with them in a fair and transparent manner.

In order to achieve these goals, Air India Limited is implementing the Integrity Pact Program in cooperation with Central Vigilance Commission of India (CVC) in respect of all contracts of the value of

Rs.10 crores and above. As a part of this initiative, Air India Limited will, in consultation with CVC, appoint external Independent Monitors who will help Air India Limited in implementing the Integrity

Pact Program. The Integrity Pact would be signed by the Principal and the Vendor at the pre-tendering stage itself, and will form part of the Tender document. A pre-signed Integrity Pact by the Principal would form part of the Tender document. The Vendors would sign the Pact and submit it along with the financial and technical bids.

The ingredients of Air India Limited’s Integrity Pact Program are broadly based on:-

- Commitments and Obligations of Air India Limited and its employees

-

-

-

-

-

Commitments and Obligations of Counterparties

Violation and Consequences

Independent Monitor

Implementation Guidelines

Role of Independent Monitors.

II. COMMITMENTS AND OBLIGATION OF Air India Limited a. Air India Limited is committed to have the most ethical and corruption-free business dealings with its

Counterparties. b. Air India Limited values its relationship with all Counterparties and will deal with them in a fair and transparent manner. c. Air India Limited and/or its Associates (employees, agents, consultants, advisors, etc.) will not seek or take bribes / undue benefit directly or indirectly for themselves or for third parties. d. In a competitive tender as well as in general procurement, Air India Limited will deal with all

Counterparties with equity, reason and fairness. e. Air India Limited will exclude all Associates who may be prejudiced or have a Conflict of Interest in dealings with Counterparties. f. Air India Limited will honour its commitments and make due payments to Counterparties in a timely manner. g. Air India Limited will initiate action and pursue it vigorously whenever corruption or unethical behavior occurs. pg. 29

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III. COMMITMENTS AND OBLIGATIONS OF THE ‘COUNTER-PARTY’ a. The Counterparty, directly or indirectly (through Agent, consultant, advisor, etc.), will not pay any bribes or give illegal benefit to any one to gain undue advantage in dealing with the Principal, Air

India Limited. b. The Counterparty will not engage in collusion, Price-Fixing, etc. with other Counterparties while dealing with the Principal, Air India Limited. c. The Counterparty will not pass on to any third party any of the Principal’s confidential information unless authorized by the organization. d. The Counterparty will promote and observe best ethical practices within its organization. e. The Counterparty will inform the Independent Monitor:

i. If it receives demand for a bribe or illegal payment/benefit and ii. If it comes to know of any unethical or illegal practice in the Principal’s

Organization (Air India Limited) iii. If it makes any payment to any of Air India Limited’s Associates. f. The Counterparty will not make any false or misleading allegations against Air India Limited or its

Associates.

IV. VIOLATIONS & CONSEQUENCES a. If a Counterparty commits a violation of its Commitments and Obligations under the Integrity Pact

Program during the bidding process, it shall be liable to compensate Air India Limited by way of

Liquidated damages amounting to a sum equivalent to 3% of the value of the offer or the amount equivalent to Earnest Money Deposit/Bid Security, whichever is higher or an amount determined by the Independent Monitor. b. Incase of violation of the Integrity Pact whereby after award of the Contract the Principal (Air India

Limited) terminates or is entitled to terminate the Contract, Air India Limited shall be entitled to demand and recover from the Contractor liquidated damages equivalent to 5% of the contract value or the amount equivalent to Security Deposit/Performance Bank Guarantee, whichever is higher or an amount determined by the Independent Monitor. c. Air India Limited may ban and exclude the Counterparty from future dealings until the Independent

Monitor is satisfied that the Counterparty will not commit any future violation. d. Air India Limited may initiate criminal proceedings against the violating Counterparty, depending on the gravity of the violation. e. In case there is a violation of the Integrity Pact by the Principal (Air India Limited) or its Associates

(i.e. employees, agents, consultants, advisors, etc.), Air India Limited undertakes to take appropriate action against them. f. If the complaint made by a Counterparty is found to be frivolous or mischievous, action in the form of certain sanctions would be taken against the said complainant. pg. 30

AIR INDIA LIMITED

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V. INDEPENDENT MONITOR

1. The Chairman & MD of Air India Limited, has the authority to appoint Independent Monitor(s) to oversee the implementation and effectiveness of the Integrity Pact Program. The process for their appointment shall be similar to Outside Expert Committee (OEC). For this purpose, a panel of

Independent Monitors may be constituted by Air India Limited and the same may be referred to CVC for clearance.

2. The Independent Monitor will be a person of Impeccable Integrity, Knowledgeable of Air India Limited’s business and experienced in commercial activities.

3. It will be a voluntary, non-salaried position of a 3 year term. Independent Monitor will have stature

/benefits similar to those of Chairman of the Audit Committee of Board/status of the Directors of Air

India Limited. The remuneration and perquisites would be similar to the remuneration/perks of independent Directors on the Board of Air India Limited.

4. The main objective of the Independent Monitor will be to oversee the implementation of the Integrity

Pact Program, to prevent corruption, or any other unethical practices in the implementation of the contract.

5. The Independent Monitor will not have administrative or enforcement responsibilities. He will coordinate his efforts through the CVO or other anti-corruption institutions such as CVC. (He may engage services of outside agencies such as accounting firms, law firms, etc at Air India Limited’s expense, if required, in discharge of his responsibilities after obtaining the approval of the Chairman & M.D.)

6. The Independent Monitor will have access to all offices and internal records of the Principal in respect of the Tender in question. He will also have access to Counterparties’ records and information regarding its dealing with the Principal.

7. The Independent Monitor will have the right to attend any meetings between the Principal and the

Counterparties. As far as possible, the meetings should be scheduled in India. In respect of any meeting to be held outside India, attendance by the Independent Monitor will be decided in consultation with the

Chairman & M.D., Air India Limited.

8. If the Independent Monitor observes or suspects an irregularity, he will inform the Chairman of Air India

Limited. Once the Independent Monitor is satisfied that any irregularity has taken place, he may also inform the CVO and CVC.

VI. IMPLEMENTATION GUIDELINES

To implement the Integrity Pact Program, the following general Guidelines are suggested: a. To select and appoint a Panel of Independent Monitors in consultation with the CVC. b. To get commitment from all Senior Level executives/officials of Air India Limited to implement the program. It should be recognized that there may be resistance to Integrity Pact program. c. To develop detailed implementations plans and finalize the Integrity Pact document in consultation with the Independent Monitors. d. To notify all senior staff members, Board of Directors, any other relevant body and all major suppliers of Air India Limited’s plans to implement the Integrity Pact program, details of which are to pg. 31

4.

1.

2.

3.

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON be included on Air India Limited’s web site and disclosed to the media.

VII. PERIODIC REVIEW & EVALUATION

It is recommended that the Board of Directors of Air India Limited periodically review the effectiveness of Integrity Pact Program by all or some of the following measures:-

The Independent Monitors and senior leadership of Air India Limited do an annual self-assessment of

Integrity Pact Program effectiveness and identify areas / ways to improve the same.

The Independent Monitor will submit an annual report on the progress / effectiveness of Integrity Pact

Program to the Board of Directors of Air India Limited.

Air India Limited may conduct an annual 360-degree review (through an outside agency, if required) with senior executives, junior executives, suppliers, and competitors, regarding the effectiveness of the

Integrity Pact Program in reducing corruption. Feed-back may be taken from the junior and senior executives of the Principal, suppliers and competitors.

Air India Limited should meet with CVC on an annual basis to review the effectiveness of the program. pg. 32

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON

INTEGRITY PACT

B etween

Air India Ltd. hereinafter referred to as “The Principal” , and hereinafter referred to as “The Bidder/ Contractor”

PREAMBLE

The Principal intends to award, under laid down organizational procedures, contract(s) for. The Principal values full compliance with all relevant laws of the land, rules, regulations, economic use of resources and of fairness/transparency in its relations with its Bidder(s) and/or Contractor(s).

In order to achieve these goals, the Principal will appoint an Independent External Monitor (IEM), who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above.

Section 1 – Commitments of the Principal

1. The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles:- a. No employee of the Principal, personally or through family members, will in connection with the tender for, or the execution of a contract, demand, take a promise for or accept, for self or third person, any material or immaterial benefit which the person is not legally entitled to. The word ‘take’ shall also include the past and future. b. The Principal will, during the tender process treat all Bidder(s) with equity and reason. The Principal will in particular, before and during the tender process, provide to all Bidder(s) the same information and will not provide to any Bidder(s) confidential/additional information through which the Bidder(s) could obtain an advantage in relation to the tender process or the contract execution. c. The Principal will exclude from the process all known prejudiced persons and persons who would be known to have a connection or nexus with the prospective bidder.

Section 2

3.

If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the IPC/PC Act or the conduct rules of the Principal, or if there be a substantive suspicion in this regard, the Principal will inform the Chief Vigilance Officer and in addition can initiate disciplinary actions.

– Commitments of the Bidder(s)/ contractor(s)

1. The Bidder(s)/ Contractor(s) commit themselves to take all measures necessary to prevent corruption in their dealings with Air India Limited. They commit to observe the following principles during participation in the tender process and during the contract execution. a. The Bidder(s)/ Contractor(s) will not, directly or through any other person or firm, offer, promise or give to any of the Principal’s employees involved in the tender process or the execution of the contract or to any third person any material or other benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract. b. The Bidder(s)/Contractor(s) will not enter into any undisclosed agreement or understanding with other

Bidders, whether formal or informal. This applies in particular to prices, specifications, certifications, pg. 33

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TENDER FOR SECURITY SERVICES AT LONDON subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartels in the bidding process. c. The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act; further, the

Bidder(s)/ Contractor(s) will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically. d. The Bidder(s)/Contractors(s) of foreign origin shall disclose the name and address of the

Agents/representatives in India, if any. Similarly the Bidder(s)/Contractors(s) of Indian Nationality shall furnish the name and address of the foreign principals, if any. Further details as mentioned in the

“Guidelines on Indian Agents of Foreign Suppliers” shall be disclosed by the

Bidder(s)/Contractor(s).Further, as mentioned in the Guidelines all the payments made to the Indian agent/representative have to be in Indian Rupees only. Copy of the “Guidelines on Indian Agents of

Foreign Suppliers” is placed at (Page nos. 6-7) e. The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and all payments he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract. f. This integrity pact shall override the confidentiality clause, if any, in the offer submitted by the

Contractor/Bidder and in the agreement entered into by the Principal with the Contractor/Bidder.

2. The Bidder(s)/Contractor(s) will not instigate third persons to commit offences or acts outlined above or be an accessory to such offences.

Section 3 - Disqualification from tender process and exclusion from future contracts

If the Bidder(s)/Contractor(s), before award or during execution has committed a transgression through a violation of Section 2, above or in any other form such as to put his reliability or credibility in question, the

Principal is entitled to disqualify the Bidder(s)/Contractor(s) from the tender process or take action as per the procedure mentioned in the “Guidelines on Banning of business dealings”. Copy of the “Guidelines on

Banning of business dealings” is placed at Page nos. 8-16.

Section 4 – Compensation for Damages

1. If the Principal has disqualified the Bidder(s) from the tender process prior to the award according to Section

3, the Principal is entitled to demand and recover the damages equivalent to Earnest Money Deposit/Bid

Security and other actual damages due to the consequential delay.

2. If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor liquidated damages of the Contract value or the amount equivalent to Performance Bank Guarantee.

3. The Contractor/Bidder shall not be entitled to claim from the Principal any amounts either as damages or otherwise, on account of termination.

Section 5 – Previous transgression

1. The Bidder declares that no previous transgressions occurred in the last 3 years with any other Company in any country conforming to the corruption approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process.

2. If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or action can be taken as per the procedure mentioned in “Guidelines on Banning of business dealings”.

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Section 6 – Equal treatment of all Bidders/Contractors/Subcontractors

1. The Bidder(s)/ Contractor(s) undertake(s) to demand from all subcontractors a commitment in conformity with this Integrity Pact, and to submit it to the Principal before contract signing.

2. The Principal will enter into agreements with identical conditions as this one with all Bidders, Contractors and

Subcontractors.

3. The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions.

Section 7 –Criminal charges against violating Bidder(s)/Contractor(s)/ Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor or Subcontractor which constitutes corruption, or if the

Principal has substantive suspicion in this regard, the Principal will inform the same to the Chief Vigilance Officer.

Section 8 – Independent External Monitor/Monitors

1. The Principal appoints competent and credible Independent External Monitor for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement.

2. The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He shall report to the Chairman, Air India Limited.

3. The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction to all

Project documentation of the Principal including that provided by the Contractor . The Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder(s)/ Contractor(s)/

Subcontractor(s) with confidentiality.

4. The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Contractor. The parties offer to the

Monitor the option to participate in such meetings.

5. As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the

Management of the Principal and request the Management to discontinue or take corrective action, or to take other relevant action. The monitor can in this regard submit non-binding recommendations. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action.

6. The Monitor will submit a written report to the Chairman, Air India Limited within 8 to 10 weeks from the date of reference or intimation to him by the Principal and, should the occasion arise, submit proposals for correcting problematic situations.

7. Monitor shall be entitled to compensation on the same terms as being extended to / provided to

Independent Directors on the Air India Limited Board.

8. If the Monitor has reported to the Chairman Air India Limited, a substantiated suspicion of an offence under relevant IPC/ PC Act, and the Chairman Air India Limited has not, within the reasonable time taken pg. 35

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TENDER FOR SECURITY SERVICES AT LONDON visible action to proceed against such offence or reported it to the Chief Vigilance Officer, the Monitor may also transmit this information directly to the Central Vigilance Commissioner.

9. The word ‘Monitor’ would include both singular and plural.

Section 9 – Pact Duration

This Pact begins when both parties have legally signed it. It expires for the Contractor 3 years after the last payment under the contract, and for all other Bidders 12 months after the contract has been awarded.

If any claim is made/lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined by Board of Air India Limited.

(For and on behalf of the Principal) (For and on behalf of Bidder/Contractor) pg. 36

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Witness : Witness :

(Name & Address) _________________

_________________

(Name & Address) ____________________

____________________

GUIDELINES FOR INDIAN AGENTS OF FOREIGN SUPPLIERS

1.0 There shall be compulsory registration of agents for all Global (Open) Tender and Limited Tender. An agent who is not registered with Air India Limited Departments/Stations shall apply for registration in the prescribed Application –Form.

1.1 Registered agents will file an authenticated Photostat copy duly attested by a Notary Public/Original certificate of the principal confirming the agency agreement and giving the status being enjoyed by the agent and the commission/remuneration/salary/ retainer ship being paid by the principal to the agent before the placement of order by Air India Limited Departments/Stations.

1.2 Wherever the Indian representatives have communicated on behalf of their principals and the foreign parties have stated that they are not paying any commission to the Indian agents, and the Indian representative is working on the basis of salary or as retainer, a written declaration to this effect should be submitted by the party (i.e. Principal) before finalizing the order

2.0 DISCLOSURE OF PARTICULARS OF AGENTS/ REPRESENTATIVES IN INDIA. IF ANY .

2.1 Tenderers of Foreign nationality shall furnish the following details in their offer:

2.1.1 The name and address of the agents/representatives in India, if any and the extent of authorization and authority given to commit the Principals. In case the agent/representative be a foreign Company, it shall be confirmed whether it is real substantial Company and details of the same shall be furnished.

2.1.2 The amount of commission/remuneration included in the quoted price(s) for such agents/representatives in India.

2.1.3 Confirmation of the Tenderer that the commission/ remuneration if any, payable to his agents/representatives in India, may be paid by Air India Limited in Indian Rupees only.

2.2 Tenderers of Indian Nationality shall furnish the following details in their offers:

2.2.1 The name and address of the foreign principals indicating their nationality as well as their status, i.e, whether manufacturer or agents of manufacturer holding the Letter of Authority of the Principal specifically authorizing the agent to make an offer in India in response to tender either directly or through the agents/representatives.

2.2.2 The amount of commission/remuneration included in the price (s) quoted by the Tenderer for himself.

2.2.3 Confirmation of the foreign principals of the Tenderer that the commission/remuneration, if any, reserved for the Tenderer in the quoted price (s), may be paid by Air India Limited in India in equivalent Indian

Rupees on satisfactory completion of the Project or supplies of Stores and Spares in case of operation items .

2.3 In either case, in the event of contract materializing, the terms of payment will provide for payment of the commission /remuneration, if any payable to the agents/representatives in India in Indian Rupees on pg. 37

2.4

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TENDER FOR SECURITY SERVICES AT LONDON expiry of 90 days after the discharge of the obligations under the contract.

Failure to furnish correct and detailed information as called for in paragraph-2.0 above will render the concerned tender liable to rejection or in the event of a contract materializing, the same liable to termination by Air India Limited. Besides this there would be a penalty of banning business dealings with

Air India Limited or damage or payment of a named sum. pg. 38

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GUIDELINES ON BANNING OF BUSINESS DEALINGS

CONTENTS

Page(s)

Introduction

Scope

Definitions

Initiation of Banning / Suspension

Suspension of Business Dealings

Ground on which Banning of Business Dealing can be initiated

Banning of Business Dealings

Removal from List of Approved Agencies-Suppliers/Contractors etc.

Procedure for issuing Show-cause Notice

Appeal against the Decision of the Competent Authority

Review of the Decision by the Competent Authority 15

Circulation of the names of Agencies with whom Business Dealings have been banned

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Introduction

1.1 Air India Limited, being a Public Sector Enterprise and ‘State’ , within the meaning of Article 12 of the Constitution of India, has to ensure preservation of rights enshrined in Chapter III of the

Constitution. Air India Limited has also to safeguard its commercial interests. Air India Limited deals with Agencies , who have a very high degree of integrity, commitments and sincerity towards the work undertaken. It is not in the interest of Air India Limited to deal with Agencies pg. 39

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1.2 who commit deception, fraud or exercise of coercion or undue influence or other misconduct in the execution of contracts awarded / orders issued to them. In order to ensure compliance with the constitutional mandate, it is incumbent on Air India Limited to observe principles of natural justice before banning the business dealings with any Agency.

Since banning of business dealings involves civil consequences for an Agency concerned, it is incumbent that adequate opportunity of hearing is provided and the explanation, if tendered, is considered before passing any order in this regard keeping in view the facts and circumstances of the case.

Scope

2.1 The General Conditions of Contract (GCC) of Air India Limited generally provide that Air India

Limited reserves its rights to remove from list of approved suppliers/contractors or to ban business dealings if any Agency has been found to have committed misconduct, violation of any law or any term of the agreement and also to suspend business dealings pending investigation. If such provision does not exist in any GCC, the same may be incorporated.

2.2 Similarly, in case of sale of material there is a clause to deal with the

Agencies/customers/buyers, who indulge in lifting of material in unauthorized manner. If such a stipulation does not exist in any Sale Order, the same may be incorporated.

2.3

2.4

However, absence of such a clause does not in any way restrict the right of Company (Air India

Limited) to take action/decision under these guidelines in appropriate cases.

The procedure of (i) Removal of Agency from the List of approved suppliers / contractors; (ii)

Suspension and (iii) Banning of Business Dealing with Agencies, has been laid down in these guidelines.

These guidelines apply to all the Departments/Stations and subsidiaries of Air India Limited. 2.5

2.6 It is clarified that these guidelines do not deal with the decision of the Management not to entertain any particular Agency due to its poor/inadequate performance or for any other reason.

2.7 The banning shall be with prospective effect, i.e., future business dealings 3.

Definitions

In these Guidelines, unless the context otherwise requires: i) ‘Party/Contractor/Supplier/Purchaser/Customer’ shall mean and include a public limited company or a private limited company, a firm whether registered or not, an individual, a cooperative society or an association or a group of persons engaged in any commerce, trade, industry, etc. ‘Party/Contractor/Supplier/Purchaser/Customer’ in the context of these guidelines is indicated as ‘Agency’ . ii) ‘Inter-connected Agency’ shall mean two or more companies having any of the following features: a. If one is a subsidiary of the other. b. If the Director(s), Partner(s), Manager(s) or Representative(s) are common; c. If Management is common; d. If one owns or controls the other in any manner; iii) ‘Competent Authority’ and ‘Appellate Authority’ shall mean the following: a. For Company (entire Air India Limited) Wide Banning pg. 40

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The Executive Director – GH shall be the ‘Competent Authority’ for the purpose of these guidelines. Chairman, Air India Limited shall be the ‘Appellate Authority’ in respect of such cases. b. In case the foreign supplier is not satisfied by the decision of the First Appellate Authority, it may approach Air India Limited Board as Second Appellate Authority. c. For Departments / Stations only

Any officer not below the rank of Executive Director appointed or nominated by the Functional

Director / SBU Head shall be the ‘Appellate Authority’ in all such cases. d. For Corporate Office only

For procurement of items / award of contracts, to meet the requirement of Corporate Office only,

Head of CMMG shall be the “Competent Authority” and Director (Technical) shall be the

“Appellate Authority”. e. Chairman, Air India Limited shall have overall power to take suo-moto action on any information available or received by him and pass such order(s) as he may think appropriate, including modifying the order(s) passed by any authority under these guidelines. iv) ‘Investigating Department’ shall mean any Department or Unit investigating into the conduct of the Agency and shall include the Vigilance Department, Central Bureau of Investigation, the State Police or any other authority or agency set up by the Central or State Government having powers to investigate .

v) ‘List of approved Agencies - Parties/Contractors/Suppliers/ Purchasers/Customers shall mean and include list of approved/registered Agencies - Parties/Contractors/Suppliers/ Purchasers/Customers, etc.

Initiation of Banning/Suspension

Action for banning/suspension of business dealings with any Agency should be initiated by the department having business dealings with them after noticing the irregularities or misconduct on their part. The Vigilance Department of Air India Limited shall have the right to recommend banning/suspension and this shall be binding on the Department/SBU and non-compliance of these recommendations/instructions shall be deemed to be a misconduct on the part of the Head of the

Department/SBU.

Suspension of Business Dealings

5.1

5.2

If the conduct of any Agency dealing with Air India Limited is under investigation by any department (except Foreign Suppliers of imported coal/coke), the Competent Authority may consider whether the allegations under investigation are of a serious nature and whether pending investigation, it would be advisable to continue business dealing with the Agency. If the

Competent Authority, after consideration of the matter including the recommendation of the

Investigating Department, if any, decides that it would not be in the interest to continue business dealings pending investigation, it may suspend business dealings with the Agency. The order to this effect may indicate a brief of the charges under investigation. If it is decided that interconnected Agencies would also come within the ambit of the order of suspension, the same should be specifically stated in the order. The order of suspension would operate for a period not more than six months and may be communicated to the Agency as also to the Investigating

Department. The Investigating Department may ensure that their investigation is completed and whole process of final order is over within such period.

The order of suspension shall be communicated to all Departmental Heads within the

Departments/Stations. During the period of suspension, no business dealing may be held with the Agency. pg. 41

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5.3

5.4

5.5

5.6

5.7

As far as possible, the existing contract(s) with the Agency may continue unless the Competent

Authority, having regard to the circumstances of the case, decides otherwise.

If the gravity of the misconduct/violation under investigation is very serious and it would not be in the interest of Air India Limited, as a whole, to deal with such an Agency pending investigation, the Competent Authority may send his recommendation to Chief Vigilance Officer

(CVO), Air India Limited Corporate Office along with the material available. If Corporate Office considers that depending upon the gravity of the misconduct/violation, it would not be desirable for all the Departments/Stations and Subsidiaries of Air India Limited to have any dealings with the Agency concerned, an order suspending business dealings may be issued to all the

Departments/Stations by the Competent Authority of the Corporate Office, copy of which may be endorsed to the Agency concerned. Such an order would operate for a period of six months from the date of issue.

For suspension of business dealings with Foreign Suppliers, following shall be the procedure :- i. Suspension of the foreign suppliers shall apply through out the Company including

Subsidiaries. ii.Based on the complaint forwarded by ED-Procurement or received directly by

Corporate Vigilance, if gravity of the misconduct under investigation is found serious and it is felt that it would not be in the interest of Air India Limited to continue to deal with such agency, pending investigation, Corporate Vigilance may send such recommendation on the matter to Executive Director-Procurement to place it before a

Committee consisting of the following :

1. Director-Finance/Head of Corporate Finance;

2. SBU Head/Department concerned;

3.

4.

ED-Headquarters/Head of Corporate Office;

GM-Legal/Head of Corporate Law.

The committee shall expeditiously examine the report, give its comments/recommendations within twenty one days of receipt of the reference by ED-

Procurement.

iii.The comments/recommendations of the Committee shall then be placed by ED-

Procurement before the Board of Air India Limited and if the Board opines that it is a fit case for suspension, SBU Head may pass necessary orders which shall be communicated to the foreign supplier by ED-Headquarters.

If the Agency concerned asks for detailed reasons of suspension, the Agency may be informed that its conduct is under investigation. It is not necessary to enter into correspondence or argument with the Agency at this stage.

It is not necessary to give any show-cause notice or personal hearing to the Agency before issuing the order of suspension. However, if investigations are not complete in six months time, the Competent Authority may extend the period of suspension by another three months, during which period the investigations must be completed.

Grounds on which Banning of Business Dealings can be initiated

6.1 If the security consideration, including questions of loyalty of the Agency to the State, so warrants;

6.2 If the Director/Owner of the Agency, proprietor or partner of the firm, is convicted by a Court of

Law for offences involving moral turpitude in relation to its business dealings with the pg. 42

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6.3

6.4

6.5

Government or any other public sector enterprises or Air India Limited, during the last five years;

If there is strong justification for believing that the Directors, Proprietors, Partners, owner of the

Agency have been guilty of malpractices such as bribery, corruption, fraud, substitution of tenders, interpolations, etc;

If the Agency continuously refuses to return/refund the dues of Air India Limited without showing adequate reason and this is not due to any reasonable dispute which would attract proceedings in arbitration or Court of Law;

If the Agency employs a public servant dismissed/removed or employs a person convicted for an offence involving corruption or abetment of such offence;

6.6

6.7

6.8

6.9

If business dealings with the Agency have been banned by the Govt. or any other public sector enterprise;

If the Agency has resorted to Corrupt, fraudulent practices, coercion, undue influence and other violations including misrepresentation of facts;

If the Agency uses intimidation/threatening or brings undue outside pressure on the Company

(Air India Limited) or its official in acceptance/ performances of the job under the contract;

If the Agency indulges in repeated and/or deliberate use of delay tactics in complying with contractual stipulations;

6.10 Willful indulgence by the Agency in supplying sub-standard material irrespective of whether pre-dispatch inspection was carried out by Company (Air India Limited) or not;

6.11 Based on the findings of the investigation report of CBI/Police/internal Vigilance or any other investigative agency including Government Audit against the Agency for malafide/unlawful acts or improper conduct on his part in matters relating to the Company (Air India Limited) or even otherwise;

6.12 Established litigant nature of the Agency to derive undue benefit;

6.13 Continued poor performance of the Agency in several contracts;

6.14 If the Agency misuses the premises or facilities of the Company (Air India Limited), forcefully occupies tampers or damages the Company’s properties including land, water resources, forests / trees, etc.

(Note: The examples given above are only illustrative and not exhaustive. The Competent

Authority may decide to ban business dealing for any good and sufficient reason).

Banning of Business Dealings

7.1 Normally, a decision to ban business dealings with any Agency should apply throughout the Company including Subsidiaries. However, the Competent Authority of the

Department/Unit except Corporate Office can impose such ban unit-wise only if in the particular case banning of business dealings by respective Department/Unit will serve the purpose and achieve its objective and banning throughout the Company is not required in view of the local conditions and impact of the misconduct/default to beyond the Department/Unit. Any ban imposed by Corporate Office shall be applicable across all Departments/Stations of the

Company including Subsidiaries. pg. 43

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7.2

7.3

7.4

For Company-wide banning, the proposal should be sent by ACVO of the

Department/Unit to the CVO through the Chief Executive of the Department/Unit setting out the facts of the case and the justification of the action proposed along with all the relevant papers and documents except for banning of business dealings with Foreign Suppliers of imported coal/coke.

The Corporate Vigilance shall process the proposal of the Department/Unit for a prima-facie view in the matter by the Competent Authority nominated for Company-wide banning.

The CVO shall get feedback about that agency from all other Departments/Stations. Based on this feedback, a prima-facie decision for banning/or otherwise shall be taken by the Competent

Authority.

If the prima-facie decision for Company-wide banning has been taken, the Corporate Vigilance shall issue a show-cause notice to the agency conveying why it should not be banned throughout

Air India Limited.

After considering the reply of the Agency and other circumstances and facts of the case, a final decision for Company-wide banning shall be taken by the Competent Authority.

There will be a Standing Committee in each Department/Unit to be appointed by Chief

Executive for processing the cases of “Banning of Business Dealings” except for banning of business dealings with foreign suppliers of coal/coke. However, for procurement of items/award of contracts, to meet the requirement of Corporate Office only, the committee shall be consisting of Executive Director/General Manager from Finance, Procurement and Legal: i) To study the report of the Investigating Agency and decide if a prima-facie case for

Company-wide/Local unit wise banning exists, if not, send back the case to the

Competent Authority. ii) iii)

To recommend for issue of show-cause notice to the Agency by the concerned department.

To examine the reply to show-cause notice and call the Agency for personal hearing, if required.

To submit final recommendation to the Competent Authority for banning or otherwise. iv)

If the Competent Authority is prima-facie of the view that action for banning business dealings with the Agency is called for, a show-cause notice may be issued to the Agency as per paragraph

9.1 and an enquiry held accordingly.

Removal from List of Approved Agencies - Suppliers/Contractors, etc.

8.1 If the Competent Authority decides that the charge against the Agency is of a minor nature, it may issue a show-cause notice as to why the name of the Agency should not be removed from the list of approved Agencies - Suppliers/Contractors, etc.

8.2 The effect of such an order would be that the Agency would not be disqualified from competing in Open Tender Enquiries.

8.3 Past performance of the Agency may be taken into account while processing for approval of the

Competent Authority for awarding the contract.

Show-cause Notice pg. 44

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9.1

9. 2

In case where the Competent Authority decides that action against an Agency is called for, a show-cause notice has to be issued to the Agency. Statement containing the imputation of misconduct or misbehavior may be appended to the show-cause notice and the Agency should be asked to submit within 15 days a written statement in its defense.

If the Agency requests for inspection of any relevant document in possession of Air India

Limited, necessary facility for inspection of documents may be provided.

9.3

9.4

The Competent Authority may consider and pass an appropriate speaking order: a. For exonerating the Agency if the charges are not established; b. For removing the Agency from the list of approved Suppliers/Contactors, etc. c. For banning the business dealing with the Agency.

If it decides to ban business dealings, the period for which the ban would be operative may be mentioned. The order may also mention that the ban would extend to the interconnected

Agencies of the Agency.

Appeal against the Decision of the Competent Authority

10.1 The Agency may file an appeal against the order of the Competent Authority banning business dealing, etc. The appeal shall be to the Appellate Authority. Such an appeal shall be preferred within one month from the date of receipt of the order banning business dealing, etc.

10.2 Appellate Authority would consider the appeal and pass appropriate order which shall be communicated to the Agency as well as the Competent Authority.

Review of the Decision by the Competent Authority

Any petition/application filed by the Agency concerning the review of the banning order passed originally by Chief Executive/Competent Authority under the existing guidelines either before or after filing of appeal before the Appellate Authority or after disposal of appeal by the Appellate Authority, the review petition can be decided by the Chief Executive/Competent Authority upon disclosure of new facts/circumstances or subsequent development necessitating such review. The Competent Authority may refer the same petition to the Standing Committee for examination and recommendation.

Circulation of the names of Agencies with whom Business Dealings have been banned

12.1 Depending upon the gravity of misconduct established, the Competent Authority of the

Corporate Office may circulate the names of Agency with whom business dealings have been banned, to the Government Departments, other Public Sector Enterprises, etc. for such action as they deem appropriate.

12.2 If Government Departments or a Public Sector Enterprise request for more information about the

Agency with whom business dealings have been banned, a copy of the report of Inquiring

Authority together with a copy of the order of the Competent Authority/Appellate Authority may be supplied.

12.3 If business dealings with any Agency have been banned by the Central or State Government or any other Public Sector Enterprise, Air India Limited may, without any further enquiry or investigation, issue an order banning business dealing with the Agency and its inter-connected

Agencies.

12.4 Based on the above, Departments/Stations may formulate their own procedure for implementation of the Guidelines.

pg. 45

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TENDER FOR SECURITY SERVICES AT LONDON

ANNEX-VII

Check List to be submitted along with Technical Bid, to confirm filling of Tender

Document as per desired format.

TECHNICAL BID.

Serial

No.

1

Requirements

Handling Company Profile as per Annex IV.

Check Box

( √ )

2 Relevant documents to establish eligibility (eg. Authorisation from

Airport operator, approval of local regulatory bodies including

Civil Aviation Authority, Experience and qualification of personnel etc.)

Service requirement as per Annex III.

Acceptance of standard termination clause as per IATA SGHA

2013.

Lead time for commencement of services.

Pointwise acceptance of Annex IIA, III and duly signed SLA as in

Annex IIB.

No price quote in technical bid.

Letter from Company authorising person to sign the quotation.

9 Envelope clearly indicating technical offer for security services to

Air India Flights at LHR and the name of Handling Company.

COMMERCIAL OFFER

Serial

No.

Requirements

1 Handling rates & discount quoted in paragraph 1 & 2 are strictly as per the format.

2 Carefully read the note regarding evaluation criteria

3

4

5

Acceptance of all the para and sub-para of Commercial bid.

All the papers of tender document and quotation have been signed and stamped by the person authorised by handling Company.

Envelope clearly indicating commercial offer for security services to Air India Flights at LHR and the name of Handling Company

Check Box

( √ ) pg. 46

AIR INDIA LIMITED

Tender No.GH/SEC/LHR/2015/004

TENDER FOR SECURITY SERVICES AT LONDON pg. 47

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