AIR INDIA LIMITED
Tender No.GH/Pax/LHR/077
TENDER FOR PASSENGER HANDLING AT LONDON
Dear Handling Agent,
Sub: Passenger Handling at London Heathrow International Airport.
Air India Limited (AI) solely at its discretion desires to award contract for availing
Passenger Handling services for Air India flights at Heathrow, London Airport.
As an authorized handling agent, we request you to submit your offer for handling
AI flights at London in the format given below.
You are requested to submit your sealed offer on or before 16th October, 2012 by
1030 hrs in the office of Manager-LHR, Air India, Address: Room 1999, Terminal 4
Arrivals, Heathrow Airport, Hounslow, Middlesex, TW6 3XZ.
Following Annexures are enclosed with this Tender Document.
a)
b)
c)
d)
e)
f)
g)
- AI’s proposed schedule of operations at LHR
- Resource requirement, procedures and service
standards expected.
Annex III - Specimen of Service Level Agreement (SLA)
Annex IV - AI’s Service requirements as per IATA AHM
810, 2008 Version.
Annex V - Handling Company profile
Annex VI - Requirements of Commercial offer.
Annex VII - Integrity Pact
Annex I
Annex II
Your offer should be in "Two Separate Sealed Envelopes" as given below:
ENVELOPE - 1: "Handling Company Profile"
(PLEASE DO NOT QUOTE RATES IN THIS ENVELOPE)
Please provide information regarding your Company in general and your capability to
provide ground handling services at Heathrow, London Airport in particular. Your
information must reply points mentioned in Annex V of this Tender document. Party found
technically unsuitable will be rejected and its commercial offer will not be considered.
ENVELOPE -2: "COMMERCIAL OFFER "
AI's requirement of Ground Handling services as per IATA AHM 810, 2008 version
is specified in Annex IV. Please also refer Annex II for AIR INDIA's Resource
Requirement as well as general service standards, which are expected to be met for flight
handling. Please submit your quotation covering the service requirements and meeting all
the terms and conditions of Annex VI and in the format as given in Annex VI 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. Air India Limited reserves
the right to accept or reject any bids and /or cancel the tender process at its own absolute
discretion.
The offers received will be opened on 16th Oct2012 at 1100 hrs local time in the
office Address mentioned above, in the presence of those bidders who are interested to be
present. Initially the Technical offer (Envelop 1) will be opened. Subsequently the
1
AIR INDIA LIMITED
Tender No.GH/Pax/LHR/077
TENDER FOR PASSENGER HANDLING AT LONDON
Commercial offer (Envelop 2) will be opened for those bidders who meet AI requirement
technically under Annex V.
If you have any clarifications, please contact Mr. Yogesh Mundhwa, Station
Manager-LHR, on Tel. No. 02087451101/1103 Fax No. 02087451109.
We shall appreciate if you confirm your participation in this tender.
(Yogesh Mundhwa)
(Station Manager–LHR)
2
AIR INDIA LIMITED
Tender No.GH/Pax/LHR/077
TENDER FOR PASSENGER HANDLING AT LONDON
ANNEX - I
SUMMER SCHEDULE 2012
SUMMER SCHEDULE EFFECTIVE - 25TH MARCH 2012
DAY
FLIGHT
MONDAY
AI
777 W
(300)
AMD
BOM
LHR
BOM
AMD
131 /
130
AIRINDIA
04:00
05:05 /
06:30
11:30 /
13:15
03:05+1 / 0530+1
(AI 986)
0630+1
AI
777 W
(300)
ATQ
DEL
LHR
DEL
ATQ
111 /
112
AIRINDIA
10:50
12:00/14:05
19:00 /
21:30
10:35+1 / 12:30+
13:40+1
AI
777 W
(300)
AMD
BOM
LHR
BOM
AMD
131 /
130
AIRINDIA
04:00
05:05 /
06:30
11:30 /
13:15
03:05+1 / 0530+1
(AI 986)
0630+1
AI
777 W
(300)
ATQ
DEL
LHR
DEL
ATQ
111 /
112
AIR INDIA
10:50
12:00/14:05
19:00 /
21:30
10:35+1 / 12:30+
13:40+1
AI
777 W
(300)
AMD
BOM
LHR
BOM
AMD
131 /
130
AIRINDIA
04:00
05:05 /
06:30
11:30 /
13:15
03:05+1 / 0530+1
(AI 986)
0630+1
AI
777 W
(300)
ATQ
DEL
LHR
DEL
ATQ
111 /
112
AIR INDIA
10:50
12:00/14:05
19:00 /
21:30
10:35+1 / 12:30+
13:40+1
AI
777 W
(300)
AMD
BOM
LHR
BOM
AMD
131 /
130
AIRINDIA
04:00
05:05 /
06:30
11:30 /
13:15
03:05+1 / 0530+1
(AI 986)
0630+1
AI
777 W
(300)
ATQ
DEL
LHR
DEL
ATQ
111 /
112
AIR INDIA
10:50
12:00/14:05
19:00 /
21:30
10:35+1 / 12:30+
13:40+1
AI
777 W
(300)
AMD
BOM
LHR
BOM
AMD
131 /
130
AIRINDIA
04:00
05:05 /
06:30
11:30 /
13:15
03:05+1 / 0530+1
(AI 986)
0630+1
AI
777 W
(300)
ATQ
DEL
LHR
DEL
ATQ
111 /
112
AIR INDIA
10:50
12:00/14:05
19:00 /
21:30
10:35+1 / 12:30+
13:40+1
AI
777 W
(300)
AMD
BOM
LHR
BOM
AMD
131 /
130
AIRINDIA
04:00
05:05 /
06:30
11:30 /
13:15
03:05+1 / 0530+1
(AI 986)
0630+1
AI
777 W
(300)
ATQ
DEL
LHR
DEL
ATQ
111 /
112
AIR INDIA
10:50
12:00/14:05
19:00 /
21:30
10:35+1 / 12:30+
13:40+1
AI
777 W
(300)
AMD
BOM
LHR
BOM
AMD
131 /
130
AIRINDIA
04:00
05:05 /
06:30
11:30 /
13:15
03:05+1 / 0530+1
(AI 986)
0630+1
AI
777 W
(300)
ATQ
DEL
LHR
DEL
ATQ
111 /
112
AIR INDIA
10:50
12:00/14:05
19:00 /
21:30
10:35+1 / 12:30+
13:40+1
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY
SATURDAY
SUNDAY
SECTOR
*****DEL / CCU / DEL AI 021 /AI 022 WIIL OPTE WITH A321 ACFT *****
AI 022 (321) DEL *1320 / CCU *1535 AI 021 (321) CCU *1010 / DEL *1220
*****ATQ / DEL LEG OF AI 111 & DEL / ATQ LEG OF AI 112 WL OPTE WITH 321*****
3
AIR INDIA LIMITED
Tender No.GH/Pax/LHR/077
TENDER FOR PASSENGER HANDLING AT LONDON
NOTE:
1. The Schedule provided above is for Summer Season - 2012 effective 25th
March,2012. 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.
Note:
A/C configuration:
(Subject to change without notice)
Passengers
ULD Configuration\
F
J
Y
Pallet Container
B747-400
B787/B777-200
B777-200LR
B777-300 ER
B777-200ER
A330
12
12
08
04
08
-
26
49
35
35
21
24
385
211
195
303
263
255
04
04
04
06
04
04
20
18 or 00/32
18
24
18
14
Aircraft type and configuration - subject to change without notice
4
AIR INDIA LIMITED
Tender No.GH/Pax/LHR/077
TENDER FOR PASSENGER HANDLING AT LONDON
ANNEX - II
RESOURCE REQUIREMENTS/PROCEDURES AND SERVICE STANDARDS
PASSENGER HANDLING
RESOURCE REQUIREMENTS:
S.No.
Particulars
Description
1.
2.
3.
Opening of counters
Closing of counters
MLAP Office
04 Hrs prior to departure.
60 minutes prior to ETD for all classes.
Admin –2 Staff
- Mon to Fri .
0930-1730
a. 1 Staff - 0930 to 1730 - Mon to Fri
b. Baggage services Flight Handling 2 Staff per shift
747 ( Transit )
1F
1J
6Y
747 ( Terminator )
1F
1J
8Y
777 ( Terminator )
1F
1J
6Y
777 (Transit)
1F
1J
5Y
B767/330 (Terminator)1F
1J
6Y
787(Terminator)
787(Transit)
4 Staff Per Shift
4.
Baggage Services
5.
Check-in Staff Per flight
6.
Special Handling
7.
Back Office(Traffic)
1 Staff Per shift
8.
Transfer Desk
1 Staff Per Shift. All flights must be
covered.
9.
Floor Walker
2 Staff Per Flight – with check-in knowledge
10.
C/s Desk
2 Staff Per Shift
11.
M/ Lounge
1 Staff Per Shift –should be approved by Air India.
12.
Service Control
1 Staff Per Flight
13.
Load Control
1 Staff Per Flight
14.
Counter Supervisor
1 Staff Per Flight
15.
Arrivals/Departure/Boarding 2 Supervisor+6 Staff Per Flight (2 from Check-in)
16.
The service provider must appoint 1 Manager as a co-ordinator per shift for all
activities.
17.
Baggage Handlers
18.
APIS Data to be updated & transmitted to India for Indian bound passengers
And crew separately. APIS Data in UN EDIFACT to be updated and transmitted to
US/Canadian Customs for US/Canada bound passengers and crew separately as per
TSA guidelines. TSA Regulations for 'NO FLY & SELECTEE' List to be complied
with.
19.
Departure Control System must be handled in AI's System with dedicated staff.
2 Staff Per shift
In addition to the above, the following services must be carried out.
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AIR INDIA LIMITED
Tender No.GH/Pax/LHR/077
TENDER FOR PASSENGER HANDLING AT LONDON
a)
Before opening of Counters, Flight briefing session / check-in staff to be briefed
regarding any special instructions, for passenger handling before a flight as specified
by the carrier’s Duty Manager.
b)
Service with a smile and a greeting to all passengers is a must.
c)
Baggage reconciliation will be carried out in accordance with the carrier’s security
procedures in the baggage make-up area before the loading process.
d)
Delivery of the baggage shall be as per the priority specified by the Carrier.
Priority baggage in arrival hall ( no crew baggage) - Latest 15 minutes from ATA
Last baggage in Arrival hall
- 45 minutes from ATA
e)
Load sheet/flight documents to be delivered to Aircraft 15 minutes before ETD.
f)
Handling agent is responsible to co-ordinate with the agency appointed for provision
of wheel chair & ambulift services
PROCEDURES AND SERVICE STANDARDS:
GUIDELINES FOR PROCEDURES:
1.
The Carrier will perform periodical Audits to ensure that the Handling Company
comply with all Regulations, and AI quality standards.
2.
At all times, while rendering the Ground Handling services, safety/security
procedures should not be compromised.
3.
The Handling Company will comply with the IATA, ICAO/FAA, CAA and any
other local regulations.
4.
Periodic Review meetings (at least monthly and if requested frequently) will be held
between the Carrier and the Handling Agent to review the quality of service
provided and compliance of SLA review by the Handling Agent and discuss any
modifications if required. Record of such meetings and commitments will be
maintained.
5.
The Handling Agent shall make all possible efforts to overcome deficiencies in
standards of service brought to their notice during the flight handling activities, with
a time frame of duration of one month.
6.
In case of delayed arrival of the flight, the ground time will be reduced to 01 hour 30
minutes or the STD whichever is later in order to make up the delay.
7.
Handling Company will ensure deploying trained and authorised staff to carry out
various functions under the contract.
8.
Handling Company will ensure that Carrier’s logo, Signage’s, flight details and
other notices as specified from time to time, by the Carrier are properly displayed at
the Check-in counters and Boarding gates.
9.
The Handling Company shall comply with the security procedure introduced from
time to time.
6
AIR INDIA LIMITED
Tender No.GH/Pax/LHR/077
TENDER FOR PASSENGER HANDLING AT LONDON
SERVICE STANDARD EXPECTED FOR PASSENGER HANDLING
PASSENGER HANDLING:
1. Only permanent, dedicated and fully trained staff will be deployed for handling of
AI Flights.
There should be a sufficient percentage of staff who can
speak/understand Hindi.
2. Air India reserves the right to decide which staff from the present contract should
not be transferred to our contract under TUPE. During the tenure of the contract any
staff to be dedicated to Air India will have to be vetted by us.
3. Staff will report for duty in proper and full uniform.
4. Staff rostered to Air India for a particular shift should not be utilized for any other
contract during the shift.
DUTY CONTROLLER:
1. Overall monitoring of all functions, arrivals, departures, check-in, transit.
2. Should be in constant touch with all the Supervisors and intimate the Air India Duty
Manager of the latest situation from time to time.
3. Any incident out of the ordinary to be brought to the attention of the Air India Duty
Manager for use in future in case of complaints.
4. Should be physically present throughout the shift and also keep track of all staff
rostered for the shift for Air India so that if Air India Duty Manager asks about a
particular staff, should be able to immediately tell the location.
SUPERVISORS :
Counter Supervisor:
1. Will brief all check-in Agents thoroughly as per briefing attended with Air India
Duty Managers.
2. Ensure proper queuing maintained at all times. If a particular passenger/group at
check-in counter for too long, check reason and suggest passenger/s move away
from check-in counter to make way for other passenger to check-in and sort out
passenger problem.
3. Ensure staff do not get into altercation with passenger at check-in or Customer
Service Desk.
4. Ensure that Floor Walker checks passenger name against list of passenger to pay
penalty and direct them first to Customer Service desk.
Arrival Supervisor
1. To meet the flight.
2. Ensure all First and Executive class passengers are given Fast Track.
3. All briefing passenger met and assisted.
4. Check with crew number of wheelchairs required and liaise with wheel chair
company.
5. Proceed to arrival hall and check if Priority Bags taken off belt and kept available
for First and Executive class passengers.
6. If bags take time to be delivered liaise with Despatcher.
7. Arrange for Babcocks to offload bags if Immigration queues too long and same bags
going around on baggage belt.
8. Do not accept BAA timings of first and last bags. Note down timings and given the
same to back office staff.
9. While in arrival Hall, ensure one staff of baggage services available at Baggage
Hall.
10. Monitor and note number of PIRs raised.
GATE SUPERVISOR (DEPARTURE):
1. Meet flight on arrival and assist arrival supervisor till all Wheelchair passengers
deplane.
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AIR INDIA LIMITED
Tender No.GH/Pax/LHR/077
TENDER FOR PASSENGER HANDLING AT LONDON
2. Check if crew transport has arrived. If not inform AIR INDIA OPERATIONS or
Duty managers.
3. Check that cleaners available to board as soon as possible.
4. Monitor cleaning and advise the cleaning supervisor to be reasonably/ realistically
quick.
5. Once cleaning of aircraft and security check complete, board crew.
6. Check with crew for boarding.
7. Ensure boarding in an orderly manner in priority as advised by AIR INDIA Duty
Manger.
8. Monitor passenger hand bags closely and charge EBG whenever applicable. If
situation getting out of control, seek AIR INDIA Duty Managers assistance and
guidance/decision.
9. Monitor Sweepers and ensure they regularly check security area for our last minute
passenger.
10. D-20 assess the number of passengers not boarded and bring to Air India Duty
Manager’s attention.
11. Liaise with Despatcher if bags to be offloaded.
12. Ensure Despatcher forwards buggys/gate bags to ramp to be loaded in bulk.
13. Once all on board as per system, tally boarding stubs and sign SDE and hand over to
Air India Duty Manager so that they can release the flight.
BACK OFFICE:
1.
2.
3.
4.
5.
To prepare Special handling sheet on daily basis.
Sorting telexes.
Printing PNL’s and special handling for next day.
ROC for next day.
To liaise with Limo service provider for First class passengers for arrivals and
departures.
6. Sending meals figures as per the laid down procedure.
7. Faxing information sheet to relevant department.
8. Answering phones.
9. To update APD on PC on daily basis.
10. Delay / Departure / Special Handling messages/ WCHR messages etc.
11. Upgrading statement to update on PC.
12. Flight Handling Report.
13. Liaison with CUTE/SITA in case of system failure, actioning of telex messages and
liasing with other agencies for WCHR / Ambu Lift/ Stretcher Cases.
14. Updating post flight data in the system-QMM etc.
15. Regular dispatch of Revenue documents and other flight documents to Head
Quarters.
PASSENGER HANDLING AT CHECK-IN COUNTERS:
1.
2.
3.
4.
5.
Greeting of Passengers.
Efficient, Customer friendly and warm service.
Processing of passengers should not be more than 3 minutes per passenger.
Waiting time at Check-in queues should not be more than 15 minutes.
Travel documents of passengers shall be checked by Handling Agent’s Check-in
staff at the counters.
6. Counters for all Classes shall close 60 Minutes prior to Departure.
7. Check-in to be performed on the AI system.
8. Supervision to be done by Handling Agent’s dedicated supervisory staff.
9. One Counter to be allocated for passengers needing special assistance e.g
Wheelchairs, UNM’s and Senior Citizens etc.
10. Pre check-in of First and Executive Class and VIP/CIP passengers to reduce time
spent at the counter.
11. One counter to be allocated for Online Check-in passengers.
12. In case of class mismatch for either Paper or E-Ticket, difference in fare must be
collected.
8
AIR INDIA LIMITED
Tender No.GH/Pax/LHR/077
TENDER FOR PASSENGER HANDLING AT LONDON
SPECIAL HANDLING
Four staff per shift to be deputed for Special Handling functions as follows and they should
work in close co-ordination with Air India Duty Manager.
a) Departures :
Staff to be positioned at the First Class/Executive Class counter to Meet and Assist
passengers for Check-in. First class passengers to be escorted to the Maharaja Lounge and
Executive Class passengers to be escorted upto Fast Track.
At the time of boarding escort all passengers from Maharaja Lounge to the respective gate.
b) Transit/Arrival :
Staff to meet First Class/Executive Class passengers at the gate on Arrival and guide
them/escort them to Immigration/FCC. Ensure fast track facilities are made available to
First Class/ Executive Class passengers.
Additionally we have VIP movements through VIP Suites. This would require 1 member of
the team to facilitate the VIPs on Departures/Arrivals. Further please note that on occasions
the special handling staff would be required to receive/see off/facilitate passengers
connecting out of other Terminals.
FLOOR WALKER:
1. To ensure queues are manned properly.
2. To escort passengers to Out of Gauge.
3. Any date change penalties or any queries to be dealt with immediately, before pax enter
queue pen.
4. Liaise with WCHR service provider to ensure timely assistance to PRM passengers.
BAGGAGE HANDLERS
Handling of baggage for our premium passengers as advised by Air India Duty Manager
from time to time.
CUSTOMER SERVICE DESK:
Staff working at CSD should have knowledge of Ticketing and Fare Construction in
addition to the following:
1. Revalidating tickets.
2 . Issue MCO’s.
3. Issue EBT tickets for excess baggage.
4. Rebooking passengers with mis-connections/FIMS.
5. Issuance of tickets.
6. In case of over bookings alternate flights to be looked for with other airlines prior
to
commencement of check-in.
7. Issuance of PSOs and Hoppa passes.
8. Accounting of revenues at the end of each shift.
9. Telex message/email to destination/enroute stations for deportees to be sent post flight,
clearly indicating if CAD or not.
ARRIVALS:1.
Jetty to be operated and aligned to the Aircraft by the Despatchers.
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AIR INDIA LIMITED
Tender No.GH/Pax/LHR/077
TENDER FOR PASSENGER HANDLING AT LONDON
2.
3.
4.
5.
6.
7.
8.
9.
Staff to be at the gate at least 10 minutes prior to ETA of flight.
Staff to be deployed to give Transit cards/Fast Track and check/collect Boarding
cards of disembarking passengers at London.
Staff shall do the On board checks of passengers who remain on Board during
Transit.
Passengers needing special attention e.g. Wheelchairs, UNM’s, Deportee etc shall be
handled by the staff.
As required by the Security procedures of AI the correct count of Transit passengers
has to be checked, established and confirmed to Security Officer.
Perform other functions required due security/safety reasons such as retrieval of
duty free items, heavy hand bags etc.
Staff to guide passengers to Arrival Hall and provide assistance in the Arrival hall
for baggage collection.
In case of transit flights, Staff to guide passengers to FCC and assist them to the gate
after completing security checks.
DEPARTURES:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Staff to be at the gate 10minutes before aircraft chocks on.
Staff to be assigned for the Boarding of the passengers when the flight is called.
They will ensure collection of Transit cards and enter into the system boarding
numbers of all passengers.
Travel documents to be checked for all flights at the departure gate.
Proper queues of the passengers to be formed to ensure orderliness prior to
Boarding.
Zone / Row wise Boarding to be done and announcement to that effect to be made.
Staff to be positioned each at the 2 jetties for retrieval of stubs of boarding cards.
Staff to be positioned at the time of boarding to keep correct count of stubs and
highlight the check sheet.
Retrieval of any Hand baggage / Stroller and Security items to be taken to the
Aircraft.
100% accuracy to be established in respect of the correct count of passengers /
transit cards and Boarding card stubs, which is a mandatory requirement of the
security procedure followed by AI as per the guidelines of Bureau of Civil Aviation
Security Govt. Of India. No deviation to be made at any time.
In case of delay involving Hotel stay for passengers, staff to be deputed to the Hotel
to look after the passengers.
In case of overnight delay one staff to stay in the hotel to look after passengers.
LOAD CONTROL:
1.
2.
3.
4.
Fully trained staff licensed for preparing Trim Sheets of AI Aircraft shall be
deployed for handling the Load control and preparation of Trim Sheet as per
requirement of AI procedures, weight and Balance manual.
Load Sheet to be presented to the Captain 30 minutes prior to ETD.
Ship papers and other relevant documents to be presented to the In Flight Supervisor
at least 20 minutes prior to ETD.
Post flight messages to be dispatched 15 minutes after ATD ensuring all LMC’s
reflected and correct Load message transmitted.
FLIGHT CONTROL:
1.
2.
3.
4.
5.
Pre-seating to be actioned prior to check-in for the following:
Wheelchairs, UNM’s / YP’s, Infants, Families of three and above and VIP/CIP.
Check if onward flights have been initialised in the system prior to commencement
of check-in. If not, necessary action to be taken.
Carrying out necessary upgrades as per requirement of AI.
Notation for NFL passengers.
Monitoring the uplift of flight coupons including onward connecting flights within
India.
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AIR INDIA LIMITED
Tender No.GH/Pax/LHR/077
TENDER FOR PASSENGER HANDLING AT LONDON
6.
7.
8.
9.
10.
11.
Tallying sectorwise / classwise flight coupons with system counts.
Post flight messages to be sent after departure of flight including APIS for the Crew.
Preparation of flight coupon uplift statement.
Ensure that all E-tickets are closed and difference in fare if any is collected.
Flight arrival/departure to be updated in the system.
Check-in of Operating and Cabin Crew baggage will be done by the check-in
Staff.
MAHARAJAH LOUNGE:
1.
2.
3.
4.
5.
6.
7.
One staff will be deployed in the Maharajah Lounge for the special handling of
VIPS / CIPS, First and Executive class passengers.
As per the manifest to advise all First and Executive class passengers the time of
departure. Obtain any information given by them and liaise with counter supervisor
to ensure smooth check-in. In the event of any delay to ensure that these passengers
are advised of arrangements made for them.
Functioning of the Maharajah Lounge, its upkeep, maintenance, cleanliness and a
complete Supervision to be done.
Ordering of Maharajah Lounge supplies of snacks and beverages, books and news
papers on a regular basis and maintaining a record for accounting purposes on a
daily basis.
Meet and greet passengers invited to the lounge, liaise with the gate officer and
make relevant announcements for boarding.
To update the check list of items provided in the lounge and to be forwarded to the
office of the Airport Manager on a daily basis to monitor the hot snacks provided
daily, by the Catering department and update the format provided in the lounge.
Pre flight: first and Executive class passengers names to be retrieved from the AI
system and any special requests and limousine request to be notified to the office
staff.
TRANSFER DESK:
1.
To check-in transfer passengers. Baggage details to be reflected in the system only
when passenger has presented oneself at the counter with the baggage tags.
2.
Travel documents to be checked and verified.
3.
To close transfer desk counter for check-in 60 minutes before departure in liaison
with the counter supervisor and service controller to be kept advised.
4.
To action the PTM: ( Passenger Transfer Manifest ).
5.
In case of delays to obtain the complete PTM and ascertain passengers missing their
onward connections and following actions to be taken :
a)
Check availability of other flights to passengers final destination.
b)
Mis-connected passenger due to delayed incoming flights, to be rebooked on
first available flight by liaising with Customer Service Desk, insert relevant
information in AI system and a separate disposal telex to be sent to relevant
stations.
c)
Issue FIM’s ( Flight Interruption Manifest ) where necessary through
Customer Service Desk.
d)
To book hotel accommodation and issue PSO’s ( Passenger Service Order )
where applicable and issue hoppa ticket and meal vouchers when necessary.
e)
When passengers are rebooked on following days flights they should be
provided hotel accommodation and staff to escort these passengers beyond
immigration point.
A continuous brief / liaison to be maintained with the counter supervisor, as the final
discretion of accepting the passenger, providing hotel accommodation, meal vouchers and
Hoppa tickets lies with the counter supervisor.
BAGGAGE HANDLING LOST & FOUND:
Two dedicated staff to be deployed for Baggage Services for the following:.
Staff member to be in customs hall on arrival of flight to deal with passenger’s queries.
11
AIR INDIA LIMITED
Tender No.GH/Pax/LHR/077
TENDER FOR PASSENGER HANDLING AT LONDON
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
To obtain a list of each arrival flight of passengers missing bags and inform them
well in advance.
Complete property irregularity report for missing baggage of passengers.
Complete property irregularity report for damaged baggage of passenger
Replace damaged bags ( in consultation with AI Duty Manager).
Offer interim relief to passenger ( in-consultation with AI Duty Manager)
On hand any excess baggage left over from the flight.
Transfer/re-tagging of any baggage if advised by transfer desk.
Hand out security items to passengers.
Forward on a daily basis copy of all baggage reports / On hands to LHRLLAI
All reports to be put into world tracer and first 3 tracer messages to be sent by
handling agent.
AI Supervisor to be informed immediately of any First Class / Executive Class
baggage missing on arrival.
On arrival all mis-handled baggage to dispatched as soon as possible. Any special
deliveries will be in-consultation with AI Supervisor.
Follow up for 7 days for any MHB/PIR raised.
If earlier MHB not arrived as intimated, send message to station.
Handling procedures for off loading of passengers baggage
1.
2.
3.
4.
Staff member to be present while priority baggage being offloaded to ensure that all
London Baggage off loaded in Customs Hall and not over carried.
All interline baggage to be offloaded and transferred to the interline area.
Any discrepancy in offloading of baggage to be reported immediately to AI
Supervisor.
Monitoring of timings for first and last baggage into the arrival hall.
Handling procedures for interline baggage.
1.
2.
3
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Staff member to be present in interline area on arrival of flight
Container allocations for day’s flights to be obtained from Load Control.
Staff member to ensure that Security personnel present before any interline baggage
loaded.
Staff member to strictly ensure that only baggage for passengers that are checked in
is only loaded.
Staff member to liaise with transfer desk if any baggage left behind.
Staff member to ensure that all passengers are at the gate before leaving interline
area.
Any discrepancy to be reported to AI Supervisor before departure of the flight.
Any baggage not received for transfer, a message must be sent to all down line
stations and a copy of the message to be sent to LHRLLAI.
Rush tags to be prepared by staff member in- consultation with AI Supervisor with a
copy of message to sent to LHRLLAI.
All Rush tags to be screened as per D.O.T requirement and a copy of the signed rush
tag sheet to be handed over to AI Security at the boarding gate before departure of
the flight.
All interline and Rush tags figures to be relayed to AI Security before departure of
flight.
Staff member to check the departure area in case any baggage left behind and on
hand the baggage.
Any interline bags not scanning in BRS system but passenger has checked in for
Flight, baggage should be sent to the aircraft with label reference to dispatcher and
bags to be escorted by security staff at interline area and AI security to be informed.
Baggage Office Staff:
One dedicated staff (not part time) to report to Air India MON-FRI
12
AIR INDIA LIMITED
Tender No.GH/Pax/LHR/077
TENDER FOR PASSENGER HANDLING AT LONDON
1.
2.
3.
4.
To check RAF on a daily basis.
To monitor all flights in arrivals for smooth handling.
To help with admin duties in baggage office and typing letters.
Attend phone calls.
MANAGER LONDON OFFICE
Two dedicated staff to be deployed in the MLAP’s office Monday to Friday 0930 to 1730.
PUNCTUALITY
1.
2.
It will be the responsibility of handling agent to ensure that all flights depart as per
their schedule.
In case of delayed arrival of flights the ground time at LHR will be reduced to 1
hour 30 minutes.
CREW HANDLING(For Flight Operations Services)
1.
2.
3.
4.
5.
6.
7.
The handling agency staff to prepare briefing sheet in advance. Briefing of dedicated
Supervisor with AI official prior to arrival of flight/joining crew.
To meet & assist and escort both incoming & outgoing crew.
After generating flight plan, to do crew briefing at the time of departure and liaison
with BOM/DEL operations.
For crew change, the handling agency staff to provide separate transport and escort
the crew to clear from Immigration and Customs on arrival and departure, with
complete facilitation.
To liaise with crew hotel & alert hotel for who in turn make necessary crew wake up
call. Baggage/porter services on arrival/departure.
Disbursement of crew allowance.
Similar facilitation and transport facilities for the Ground Engineer and Service
Engineer to be also provided on their arrival/departure when they visit LHR to cover
the freighter operations.
13
AIR INDIA LIMITED
Tender No.GH/Pax/LHR/077
TENDER FOR PASSENGER HANDLING AT LONDON
ANNEX – III
SERVICE LEVEL AGREEMENT
Attachment to Annex B ________
This SLA is made between the representatives of Air India Ltd. (The Carrier) and
______________________________ (the Service Provider) at the location
_______________ concerning service delivery standards for the ground handling services
contracted between the two parties. The service delivery standards outlined below are
subject to the Carrier operating on schedule (+/- 30 minutes) and the factors being within
the control of the Service Provider. Reasonableness will be applied in the application of the
standards.
The Service Provider is aware that the delivery of service standards shall not
compromise safety procedures.
The service elements outlined below are general and are based on prevailing
industry standards. They can be extended/reduced or added to as agreed between the parties
considering factors such as facilities available, infrastructure, type of aircraft operated etc.
at the respective locations.
TARGET SERVICE LEVELS
1. GENERAL
On Time Performance
100%
2. FLIGHT DESPATCH AND OPERATION SERVICES
A)
B)
C)
D)
Timely sending movement of message in correct format
within 15 minutes of chock on & airborne
100 %
Response to Crew Call on VHF Freq (must be acknowledged
immediately on First Call and information provided
as required by the Crew)
100 %
All Flight Papers including Flight Plans must be ready before
Crew Reporting.
100 %
Flight Despatcher should be ready for Crew
Briefing at Crew Reporting.
100%
3. PASSENGER HANDLING
4.1
01 F&J counter & 02 Y class counter for
joining passengers upto 80 pax.
4.2
Addl. oneY class counter each for 40 pax.
Or part thereof. Maximum to 08Y class counters.
4.3
Counters to be opened STD minus – 4 hrs.
3.4
Check In discrepancies maximum.
3.5 Instances of Baggage left behind attributable to
Handling Agent.
100%
100%
100%
1%
NIL
4. PENALTY CLAUSE
a)
Delays attributed to Handling Agent beyond normsUpto 10 mts.
…….. 10% of Handling charge for delayed flights
14
AIR INDIA LIMITED
Tender No.GH/Pax/LHR/077
TENDER FOR PASSENGER HANDLING AT LONDON
b)
c)
From 11 to 30 mts. …….. 15% of Handling charge for delayed flights
31min and above
………25% of Handling charge for delayed flights
Repeated non compliance of Norms levied with penalty of –
-5% of Handling charge for affected flights for multiple service providers.
-10% of Handling charge for affected flights for single service provider
Dedicated manpower in various areas of handling to ensure the following
norms:
Service
Requirement
Penalty per flt. if not
complied
Counter opening
4 hrs before STD
GBP100
Duty Controller
1 DC
GBP 150
Supervisor
1 Supervisor
GBP100
5. SHORTAGE OF MANPOWER :
Deduction of payment for the short manpower supplied based on the applicable man
hour rate
Signed the
At
for and behalf of
"the Service Provider"
by
Signed the
At
for and behalf of Air India Ltd.
"the Carrier"
by
15
AIR INDIA LIMITED
Tender No.GH/Pax/LHR/077
TENDER FOR PASSENGER HANDLING AT LONDON
ANNEX - IV
A) PASSENGER HANDLING SERVICES REQUIRED BY
AI AS PER IATA AHM 810, 2008 VERSION.
Section 1:
1.1.2, 1.1.3, 1.1.4
1.2, 1.3
Section 2:
2.1.1, 2.1.2, 2.1.3 (a-1 to 7)(handling agent to co-ordinate with the agency
appointed for provision of wheel chair & ambulift services), 2.1.4, 2.1.5,
2.1.6, 2.1.7, 2.1.8,
2.1.9(a-1 to 4), 2.1.10
2.2.1, 2.2.2, 2.2.3, 2.2.4, 2.2.5, 2.2.6, 2.2.7, 2.2.8, 2.2.9, 2.2.10, 2.2.11,
2.2.12, 2.2.13, 2.2.14,
2.3.2,
Note: Boarding cards and Baggage tags supplied by Carrier. AI DCS will be
utilized.
Section 3:
3.1.1, 3.1.2, 3.1.3, 3.1.4, 3.1.5, 3.1.6, 3.1.7, 3.1.8,
Section 4:
4.1.1, 4.1.2,
4.2.1, 4.2.2,
4.3.1,
4.4.2, 4.4.8, 4.6.1(a)
Section 6:
6.2.1(a,c)(1), 6.2.2
6.7.1
Section 7:
7.1.2(b), 7.1.3(b)(2), 7.1.4(a)
Note:-1) Under service section 2.1.7 services, are required to be provided for “Handle Lost
found" as per mutually agreed procedure which is as follows.
a)
b)
c)
d)
Prepare PIR and Unclaimed bags Report.
Enter Data in World Tracer.
Update World Tracer files.
Arrange for delivery of delayed bags to passenger and
handle communication with passenger.
16
AIR INDIA LIMITED
Tender No.GH/Pax/LHR/077
TENDER FOR PASSENGER HANDLING AT LONDON
B )Flight Operations :
Service provider to quote separately for complete flight operations services only as
listed below. AI, at is own discretion, will decide whether to avail these services as
reflected under B in the Commercial Offer Table . This will be payable only and
only if this service is availed .
*Section 4 : In case Air India decides to obtain Flight Operations Services completely as
below :
Section 4:
4.1.1, 4.1.2(1),
4.2.1, 4.2.2
4.3.1, 4.3.2, 4.4.1(a), 4.4.2, 4.4.3, 4.4.4, 4.4.5, 4.4.7, 4.4.8,
4.5, 4.6.1(a), 4.7.1, 4.8.1
4.9.1, 4.9.2, 4.9.3(b), 4.9.4, 4.9.5, 4.9.6, 4.9.7
The Handling Agency should confirm whether it :
1. Is able to provide Operation Services at the Company Designated Alternates for London.
2. Meets the DGCA CAR requirements and has the approval from the Local Civil Aviation
Authority. The Flight Dispatchers engaged shall meet the qualification and experience
requirements as contained in ICAO Annex 1.
17
AIR INDIA LIMITED
Tender No.GH/Pax/LHR/077
TENDER FOR PASSENGER HANDLING AT LONDON
ANNEX - V
HANDLING COMPANY PROFILE
Please furnish following information and other relevant information pertaining to your
Handling Company in general and your facility and capability at Heathrow, London 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 various handling services to different aircraft.
3.
Please specify the services you are offering in this tender and confirm that you are
Authorised/Licensed Handling Agent for the services with reference.
4.
Please give brief description of resources held at Heathrow, London Airport & date
since when providing handling services at Heathrow, London Airport.
a) Manpower :
No. of skilled personnel, unskilled workmen,
Supervisory, Managerial etc working with you.
b) Assets :
Offices/other assets.
c) No. of simultaneous wide-bodied flights you can handle.
d) No. of flights that you will be required to handle when AI flights are on ground Please specify Day wise position.
5.
Experience as Handling Agent and the number of airlines handled at present at
Heathrow, London giving following information:
1) Name of Airlines
ii) Services provided
iii) Type of Aircraft
iv) Frequency
v) Type/Name of DCS handled
6.
Handling company's approx. financial turnover annually - by way of providing
ground handling service at Heathrow, London Airport.
7.
Please confirm that you will be in a position to handle AI flights in AI’s own
computerized DCS through MUSE/ CUTE. Necessary initial training will be
provided by AI.
8.
Necessary Carrier specific Training including Load & Trim, Carriers DCS, etc. as
decided by the Carrier will be provided for which no reimbursement will be made to
the Handling Agent by the Carrier for Deputing their staff to undergo the same.
Please confirm whether the same is acceptable to you.
9.
Contact person for AI - for this tender with contact address & telephone No and
brief resume of person, AI will deal on day to day working if the contract is awarded
to you.
10.
Whether your company is approved/licensed-handling agency by the Competent
Authority for services offered by you at Terminal where AI operates. If yes, please
give details. Also confirm whether all services will be provided in case AI shifts its
operation in future from present Terminal to Terminal IV or any other Terminal.
11.
Please confirm that you comply with all requirements under IATA/ICAO/FAA/local
laws/rules related with safety, Labour, Airports Authority and any other applicable
regulations.
18
AIR INDIA LIMITED
Tender No.GH/Pax/LHR/077
TENDER FOR PASSENGER HANDLING AT LONDON
12.
19.
GHA will be executed in the form of Annex B simplified version of IATA SGHA,
JAN. 2008. Service Standard, Resources required & procedures noted on Annex II
and Service Level agreement including penalty clause as enumerated in Annex III
will be attachment to the Annex B. Please confirm whether the same is acceptable to
you.
Liability and Indemnity and Standard Termination clause as per article 8 and 11 of
IATA SGHA Jan. 2008 version must be acceptable to you. Please confirm.
Notwithstanding the provisions of Article 11.11 of the Main Agreement IATA AHM
810, 2008 version, however the notice period to the carrier will not be less than 90
days prior to the revised charges becoming effective.
Please confirm the Lead-Time for commencement to provide services, if the contract
is awarded to you. The services are to be provided effective 12th December, 2011.
Please confirm the manpower positioning as stipulated in Annex.II.
Please confirm the acceptance of SLA and penalty clause as per Annex. II.
As an authorised Handling Agent, you are required to submit your offer for the
comprising of Passenger handling including Operations.
For flight despatch and operation services, please confirm whether the Handling
Company is able to provide Ops Services at the Company Designated Alternates for
London and meets the DGCA CAR requirements and has the approval from the
Local Civil Aviation Authority. The Flight Dispatchers engaged by those agencies
shall meet the qualification and experience requirements as contained in ICAO
Annex 1.
Please confirm handling of diversionary flights at agreed locations.
20.
EVALUATION CRITERIA
13.
14.
15.
16.
17.
18.
a. Minimum points to be obtained to technically qualify for the final Evaluation
process are 14 (Fourteen).
b. The term “Ground Handling Services” means Passenger Service and Flight
Dispatch meeting all requirement of ‘IATA Standard Ground Handling
Agreement’ Annex “A” (January 2008).
S.No.
a)
REQUIREMENT GRADING
(in Points)
Number of years in the business of providing Ground Handling services for
Passenger and Freighter flights.
Upto 2 years
2 to 5 years
5 to 9 years
9 years & above
-
0 point
1 points
2 points
3 points
b)
Number of airports where you have Ground Handling Set up in UK
One airport
1 point
2 to 5 airports
2 points
6 to 9 airports
3 points
10 airports & above
4 points
c)
Do you provide Ground Handling Services at Heathrow Airport? Please advise
your area of operation. (Please specify the Terminal Number)
Only 1 Terminal
Terminal 3 & Terminal 4
Terminal 1, 2, 3, 4
d)
-
1 Point
2 Points
3 Points
Total number of client airlines to whom you are providing Ground Handling
services at the Heathrow airport.
Upto 3
03 to 05 clients
-
0 point
1 point
19
AIR INDIA LIMITED
Tender No.GH/Pax/LHR/077
TENDER FOR PASSENGER HANDLING AT LONDON
06 to 10 clients
11 to 15 clients
16 to 20 clients
21 & more clients
e)
-
2 points
3 points
4 points
5 points
Please indicate the Maximum number of flights you have handled during 2011 at
Heathrow Airport.
Upto 500
500 – 1000 flts.
1001 -2000 flts.
2001 -3000 flts.
3001 -5000 flts
5001 & above
-
0 point
1 point
2 points
3 points
4 points
5 points
f)
Number of Accreditations / Certifications/Approvals for Ground Handling services
held by you.
One
1 point
Two
2 points
Three
3 points
Four
4 points
Five
5 points
& above
g)
The Annual Turnover for UK operation for GH of the Company in GBP.
(Millions)
Upto 1.5
1.5 to 5
Upto 10
Above 10
-
0 point
1 point
2 points
3 points
21.
Response to be signed by Authorized Signatory with company Seal
22.
PLEASE DO NOT QUOTE PRICE IN RESPONSE TO THIS ANNEXURE.
20
AIR INDIA LIMITED
Tender No.GH/Pax/LHR/077
TENDER FOR PASSENGER HANDLING AT LONDON
ANNEX - VI
COMMERCIAL OFFER
Your quotation must cover following points:
1.1
1.2
Quotation for providing passenger handling services as per service requirements listed in
Annex IV and meeting the resources required/Procedures and service standards as in
Annexure II.
Please note that your quotation for providing passenger handling Services must be in the
form of Annex B, simplified version of IATA Jan. 2008 GHA format containing the rates
in the attached format as per ANNEX VI.
1.3
The evaluation for selecting the Service provider will be done, taking into account
the quotation provided for A . The best offer for A will be evaluated. AI reserves its
right to select or reject any offer due to any reason whatsoever at its sole discretion.
AI also reserves right to cancel the tender procedure without assigning any reasons.
1.4
Flight Operations Services, rates to be quoted separately in table B.
This will be payable only and only if this service is availed .
21
AIR INDIA LIMITED
Tender No.GH/Pax/LHR/077
TENDER FOR PASSENGER HANDLING AT LONDON
Please submit your offer as per the tabulation below. Handling Charges with component-wise breakup for all frequencies of operations, must be submitted, otherwise the offer will not be considered.
T = Transit
TR = Turnaround
A) Pax Handling
AB330-200
B747-400
B777-300
ER
SERVICES
T
TR
T
TR
T
TR
B777-200/
ER/LR/
B787
T
TR
1. Upto 15 Flights per
week
2. 16 to 28 Flights per
week
3. 29 Flights & above
for every five flights
per week
4. Discount for every
5 flights above 29
flights
B)Flight Operations Services:
Flight Operations
Services
C ) Additional man-hour rate in GBP
Normal
Overtime
Customer Agent
Supervisor
F) Diversionary Handling at agreed locations – rates for all above aircrafts to be quoted
a) Rate with change of load
b) Rate without change of load
1.5
Not withstanding the clauses in the main GHA of IATA, please quote for a 2
years contract and confirm that the rates applicable will be firm for 2 years.
1.6
Please specify, handling charge that shall be applicable for Handling Technical
/Diversionary flight, where there will be no change of load for commercial
purpose.
1.7
Please specify any taxes, conditions, limitations, restrictions, surcharges, levies,
charges, royalties etc. that may be applicable on the quoted prices.
1.8
Please specify, if any accounting surcharge applicable on disbursements that may be
made by you on behalf of AI to the third parties.
1.9
Please specify services you intend to subcontract if any with details of
subcontractors.
1.10
No additional charge should be levied to AI for handling flights during nights,
holidays, off days or for overnight stay.
22
AIR INDIA LIMITED
Tender No.GH/Pax/LHR/077
TENDER FOR PASSENGER HANDLING AT LONDON
1.11
Please note that in-case of change in schedule of operations including delayed
arrival/departure or for any other reasons, agreed per flight handling charges will
remain unchanged and no surcharge on handling charges or additional payment for
extra hours will be effected.
1.12
There will be no escalation in handling charges in case of change in
schedule/frequency of operations.
1.13
Liability & Indemnity and Termination clause as per article 8 and 11 of IATA
SGHA 2008 version must be acceptable to you as per sub Para 13 of Annexure V.
1.14
Your quotation should be in the form of GHA, in IATA SGHA, Jan. 2008,
simplified version.
1.15
Please confirm that there will be no charge for flight cancellations where more than
6 hours notice is given by the Carrier.
1.16
The payment will be made locally & monthly within 30 days of invoicing.
1.17
Please specify frequency discount available, if any. For further increase of every 5
flights beyond 29 flights, you are requested to mention the frequency discount
as per the tabulation given above.
1.18
Please confirm the handling rate & all above charges remain same in case AI shifts
its operation form present Terminal to other terminal, please specify any
increase/decrease in the charges if any.
1.19
The following Para to be included in the GHA, which is mandatory.
"It is expressly understood and agreed by and between (the corporation) and Air
India Ltd. (the Indian PSU) that Air India Ltd. (the Indian PSU) 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. (Indian PSU) 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 (Corporation) expressly agrees, acknowledges and understands that Air
India Ltd. (the Indian PSU) 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, (Corporation) 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.
Please confirm whether above is acceptable to you and you agree to include the
same in the GHA to be executed. This is our mandatory legal requirement.
Therefore, it forms the part of the GHA.
1.20 Air India is committed to fostering the most ethical and corruption free
business
environment. Air India values its relationships with all Counterparties
and deals with
them in a fair and transparent manner.
Air India is implementing the Integrity Pact Program in cooperation with Central
Vigilance Commission (CVC) in respect of all contracts of the value of Rs.10 crores and
above. The Vendors would sign the Pact and submit it along
with the Financial and
Technical bids. The Integrity Pact Program is given
wherein as Annex-VII.
23
AIR INDIA LIMITED
Tender No.GH/Pax/LHR/077
TENDER FOR PASSENGER HANDLING AT LONDON
1.21
Please confirm point wise that you agree to the terms as specified in this Annex VI.
Signature of Authorised Signatory with Company Seal
24
AIR INDIA LIMITED
Tender No.GH/Pax/LHR/077
TENDER FOR PASSENGER HANDLING AT LONDON
ANNEX - VII
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 (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 behaviour occurs.
III.
COMMITMENTS AND OBLIGATIONS OF THE ‘COUNTER-PARTY’
25
AIR INDIA LIMITED
Tender No.GH/Pax/LHR/077
TENDER FOR PASSENGER HANDLING AT LONDON
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.
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
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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 anticorruption 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 be included on Air India
Limited’s web site and disclosed to the media.
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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:-
1.
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.
2.
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.
3.
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.
4.
Air India Limited should meet with CVC on an annual basis to review the
effectiveness of the program.
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INTEGRITY PACT
Between
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.
2. 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.
Section 2
– 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
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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, 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.
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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”.
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
Subcontractor(s)
against
violating
Bidder(s)/Contractor(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
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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 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.
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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 expiry of 90 days after the
discharge of the obligations under the contract.
2.4
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.
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GUIDELINES ON BANNING OF BUSINESS DEALINGS
CONTENTS
S.No.
Description
Page(s)
1.
Introduction
9
2.
Scope
9
3.
Definitions
10
4.
Initiation of Banning / Suspension
11
5.
Suspension of Business Dealings
11-12
6.
Ground on which Banning of Business Dealing can be
initiated
12-13
7.
Banning of Business Dealings
13-14
8.
Removal
from
List
Suppliers/Contractors etc.
9.
Procedure for issuing Show-cause Notice
15
10.
Appeal against the Decision of the Competent Authority
15
11.
Review of the Decision by the Competent Authority
15
12.
Circulation of the names of Agencies with whom Business
Dealings have been banned
16
1.
of
Approved
Agencies-
14-15
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 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.
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1.2
2.
3.
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
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.
2.4
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.
2.5
These guidelines apply to all the Departments/Stations and subsidiaries
of Air India Limited.
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.
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
common;
c. If Management is common;
d. If one owns or controls the other in any manner;
iii)
Representative(s)
are
‘Competent Authority’ and ‘Appellate Authority’ shall mean the following:
a. For Company (entire Air India Limited) Wide Banning
The Executive Director – SBU in charge of Procurement 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.
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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.
4.
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.
5.
Suspension of Business Dealings
5.1
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 inter-connected 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.
5.2
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.
5.3
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.
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5.4
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.
5.5
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.
2.
3.
4.
Director-Finance/Head of Corporate Finance;
SBU Head/Department concerned;
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.
6.
5.6
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.
5.7
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 Government or any other public
sector enterprises or Air India Limited, during the last five years;
6.3
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;
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AIR INDIA LIMITED
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TENDER FOR PASSENGER HANDLING AT LONDON
6.4
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;
6.5
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
If business dealings with the Agency have been banned by the Govt. or
any other public sector enterprise;
6.7
If the Agency has resorted to Corrupt, fraudulent practices, coercion,
undue influence and other violations including misrepresentation of facts;
6.8
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;
6.9
If the Agency indulges in repeated and/or deliberate use of delay tactics
in complying with contractual stipulations;
6.10
Wilful indulgence by the Agency in supplying sub-standard material
irrespective of whether pre-despatch 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).
7
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.
7.2
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.
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TENDER FOR PASSENGER HANDLING AT LONDON
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.
7.3
7.4
8
9
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)
To recommend for issue of show-cause notice to the Agency by
the concerned department.
iii)
To examine the reply to show-cause notice and call the Agency
for personal hearing, if required.
iv)
To submit final recommendation to the Competent Authority for
banning or otherwise.
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
9.1
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 misbehaviour may
be appended to the show-cause notice and the Agency should be asked
to submit within 15 days a written statement in its defence.
9. 2
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
The Competent Authority may consider and pass an appropriate speaking
order:
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TENDER FOR PASSENGER HANDLING AT LONDON
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.
9.4
10
11
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.
12
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.
41