Air India SATS Airport Services Pvt. Ltd. (AISATS) Transport _Tender Cover.pdf · 2016-10-05 · Air India SATS Airport Services Pvt. Ltd., (AISATS) invites tender from eligible transport

Air India SATS Airport Services Private Limited Correspondence Address:

B-1101&1102, Lotus Corporate Park, Goregaon (E), Mumbai - 400063, India

Registered Office: Airlines House, 113, GurudwaraRakabganj Road, New Delhi 110001, India Corporate Identification Number (CIN): U74900DL2010PTC201763

Air India SATS Airport Services Pvt. Ltd. (AISATS)

Registered Office at - Airlines House, 113, Gurudwara Rakabganj Road,

New Delhi, Delhi – 110001

Business Unit at –A-63, 4th Floor, IGI Airport Road, N.H-08,

Mahipalpur Extension, New Delhi - 110037,

TENDER DOCUMENT for providing Transport Services’ to AISATS Employees in Delhi.




DISCLAIMER

The information contained in this tender document (hereinafter referred to as “Tender”) or and any information pertaining to the aforesaid subject matter subsequently provided to the applicants/tenderers in any form by Air India SATS Airport Services Private Limited (hereinafter referred to as “AISATS”) shall be subject to the terms and conditions to which such information is provided contained herein and any other terms and conditions as may be prescribed by AISATS.

This Tender is neither an agreement nor an invitation by AISATS to the prospective tenderer(s) or any other person. The purpose of this Tender is to provide all tenderers with the information that may be useful to them in the formulation of their proposals/ bids in response to this Tender. The statements, facts contained herein and various assumptions and assessments arrived at by AISATS do not purport to contain all/exhaustive information on the aforesaid subject matter that each applicant may require for the purposes of submitting their bids.

Each tenderer should, conduct its own due diligence, investigations and analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions, assessments, and information contained in this Tender and shall obtain independent advice from appropriate sources.

The information provided in this Tender to the applicants is on a wide range of matters, some of which depends upon interpretation of law. The information given is not an exhaustive account of statutory requirements and should not be regarded as a complete or authoritative statement of law. AISATS accepts no responsibility for the accuracy or otherwise for any interpretation or opinion on the law expressed herein.

AISATS also accepts no liability of any nature whether resulting from negligence or otherwise however caused arising from reliance of any tenderer upon the statements contained in this Tender.

AISATS may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information, assessment or assumption contained in this Tender.

This Tender does not imply that AISATS is bound to select a tenderer or to appoint the selected tenderer, as the case may be, and AISATS reserves the right to reject all or any of the proposals without assigning any reason at any time, whatsoever. The Tenderer shall bear any and all costs associated with or relating to the preparation & submission of its proposal/ bids including but not limited to preparation, copying, postage, delivery fees, expenses associated with any demonstrations or presentations which may be required by AISATS or any other costs incurred in connection with or relating to its proposals. All such costs and expenses shall remain with the tenderer and AISATS shall not be liable in any manner whatsoever for the same or any other costs or other expenses incurred by the Tenderer in preparation or submission of the proposal, regardless of the conduct or outcome of the bid process as contained herein.




TABLE OF CONTENTS

Sl. No. Details Annexure

Disclaimer

Table of Contents

1 Notice

2 Terms and Conditions governing the Tender

3

General Terms & Conditions / Tenderer Information Scope of Work Shuttle Service – Mahipalpur Ring Route Timings Technical Bid Part A Technical Bid Part B

I II III IV

4 Undertaking V

5 Price Bid VI




NOTICE

Reference: Tender/Corporate/01/2016

Date: 6th October 2016

Sub: Tender for Providing Transport Services to AISATS Employees in Delhi

Air India SATS Airport Services Pvt. Ltd., (AISATS) invites tender from eligible transport agencies / operators for providing Transport Services as described herein for its Employees at Delhi.

AISATS requires transportation for its employees from Indira Gandhi International Airport (IGI), Delhi to locations (as mentioned in Annexure II) and vice versa.

Apart from the standard provision of transport, AISATS is keen to explore innovative and flexible solutions from the Tenderers to cater to our employees current and future requirements e.g. through route rationalization, capacity v/s demand planning to determine the best and most cost efficient type of transport. The tenderer is encouraged to prepare its bid accordingly and propose feasible solutions, as these would be viewed favorably when evaluating the bids.

Tenderers are hereby invited by AISATS to bid for the provision of transportation to its employees as per the following Annexures:

▪ General Terms & Conditions / Tenderer Information /Scope of Work / Shuttle Service – Mahipalpur Ring Route Timings / Technical Bid A / Technical Bid B - Annexure –I, II, III & IV

▪ Undertaking – Annexure - V

▪ Price Bid - Annexure – VI

1. GUIDELINES FOR SUBMISSION OF BIDS:

Sealed tender submissions are to be submitted in a two-bid system (Technical Bid and Price Bid separately) as per the following details:

Tender for Transport Agencies / Operators for Providing Transport Services’ to AISATS Employees in Delhi.

GENERAL DETAILS




1.1. COVER – A (Technical Bid)

i. The Technical Bid shall be submitted in a separate sealed envelope. ii. Tenderers are advised to study carefully the terms & conditions mentioned in the

Tender and its annexures.

iii. The Technical Bid has to be super scribed with “Technical Bid” for the Tender Reference: Tender/Corporate/01/2016 due on 27th October 2016 and must contain the following:

(a) Tenderers response in the form of submission of the documents mentioned in point No.1 of Annexure – I

(b) Annexure-IV [Part A, B, (with copies of Documents as mentioned therein)

(c) Annexure V [Undertaking] (with copies of Documents as mentioned therein.

(d) Earnest Money Deposit (EMD) in the form and manner specified herein of Rs

10,00,000 (Rupees Ten Lakhs Only)” – Under this document (Tender Cover – Refer point no. 6)

1.2. COVER – B (Price Bid)

i. The price bid in the format specified in Annexure-VI, shall be submitted in a separate

sealed envelope and not in the same envelope as the Technical Bid

ii. The Price Bid has to be super scribed in bold with the words with “Price Bid” for Tender Reference: Tender/Corporate/01/2016 due on 27th October 2016 and must contain the following:

(a) The rates along with the complete details of applicable taxes and any other charges as per Annexure- VI.

1.3. COVER - C (Master Envelope)

i. THE TWO SEALED/ENVELOPES (i.e. ONE TECHNICAL BID (Cover-A)& ONE

PRICE BID (Cover-B) SHOULD BE FURTHER PUT IN A MASTER ENVELOPE SUPERSCRIBED IN BOLD WITH THE WORDS “SUBMISSION FOR TENDER REFERENCE: Tender/Corporate/01/2016 and should be submitted at the following address before 1500 hrs. On 27th October 2016. The master envelope should also mention the complete name and address of the Tenderer, along with its telephone, fax and e-mail address.




ii. The said Master Envelope is to be sent to the following address on or before the due

date as mentioned herein: Attention : Assistant Vice President - Procurement

AIR INDIA SATS AIRPORT SERVICES PVT. LTD. B – 1101 & 02, Lotus Corporate Park, Off Western Express Highway Goregaon East, Mumbai 400063.

Last date of submission of tender: 27th October 2016 up to Time 1500 hrs.




TERMS AND CONDITIONS GOVERNING THE TENDER Tender Reference Number: Tender/Corporate/01/2016

1. DEFINITIONS AS USED IN THE TENDER In this Tender unless the context otherwise requires:

1.1 The term “AISATS” shall mean Air India SATS Airport Services Private Limited.

1.2 The term “Bid” shall mean the Technical Bid and the Price Bid (in the format given herein) filled up by the Tenderer including the documents submitted in support thereof.

1.3 The term “Agreement” shall mean the contract entered into AISATS and the Selected Tenderer, confirming its acceptance of the Tender, on the terms and conditions mentioned therein.

1.4 The term “Services” shall mean the services referred to under Annexure-II.

1.5 The term “Selected Tenderer/s” shall mean the Tenderer/s who have been awarded the Contract to carry out the Services contemplated in this Tender.

1.6 The term “Tenderer” shall mean the one who has signed the Tender and submitted

the Bid in response to this Tender.

2. SCOPE OF TENDER AND OBLIGATIONS:-

2.1 The bid should either be delivered in person or sent only through registered / Speed Post/ Courier will be accepted. Tenders sent by Fax / E-Mail will be summarily rejected. Bids received late after the closing date of the Tender, delivered at different address other than as specified in the Tender / or lost in transit will not be accepted irrespective of whether the delay has arisen on account of the delivery system, i.e. postal, courier etc. AISATS shall not be responsible for any loss or non-receipt of the bid and/or any related documents.

2.2 There will be no acknowledgement of receipt of any Bid. It is the responsibility of the Tenderer to ensure that the Tender reaches aforesaid address in the required manner and prior to the closure of the Tender submission date and time.

2.3 Tenders that are incomplete and do not comply with the conditions laid down in Tender documents, are liable to be rejected. No clarification will be entertained by AISATS in this regard.

2.4 Until the date of opening of the technical bid; the “Price Bids” would be kept in the custody of AISATS in sealed / condition as received from Tenderer.




2.5 The Price bids of only those Tenderers, who qualify in the Technical Bid evaluation,

would be opened at a later date. 2.6 The Tenderer or its authorized representative must sign all the pages of the

Technical bid and the Price Bids (With common Seal).

2.7 The Technical Bid should not contain any indication of the price. In case any indication of price is included in the Technical bid, the Tender will be rejected without any reference to the tenderer. No correspondence will be entertained in this regard.

2.8 The Price bid should remain valid for acceptance for a minimum period of 120 days from the date of opening of the tender.

2.9 The bids should be neatly typed. Corrections / over writing, if any, should be duly authenticated with full signatures (initials will not be accepted) of the authorized person who is signing the tender, failing which the Bid is liable to be rejected.

2.10 AISATS, reserves the right to accept / reject any / all tender without assigning any reasons.

2.11 AISATS, reserves the right to award the Agreement in parts or in whole to one or more Tenderers, based on its internal evaluation of the Bids. The decision of AISATS is final and no enquiry will be entertained in this regard.

2.12 The successful Tenderer shall enter /sign an Agreement with AISATS based at its Mumbai Corporate Office address.

2.13 The Successful Tenderer shall provide the transport services for all categories at the discretion of AISATS and AISATS shall purchase the services in accordance with and subject to the terms of the Agreement.

2.14 AISATS has the right to reduce / increase the number of trips to and fro from the destinations as listed herein / the type of transport / the locations for pick up and drop off based on the rates quoted by the Tenderer.

2.15 In particular but without limiting the generality of Clause ”2.14” the Successful Tenderer shall at its own cost and expense; Perform the services: i. In accordance with the provisions of this Tender and the Agreement to be

executed;

ii. In accordance with the Annexures attached herein and that will form a part of the Agreement;




iii. In accordance with the best industry practice; Diligently, efficiently, in a timely manner with highest degree of care and skill to be expected of a reputable Tenderer experienced in the type of Services to be carried out under the Agreement.

2.16 This Tender, or any part thereof, does not constitute and shall not be construed as

a contract between AISATS and any Tenderer and no communication, whether verbal or written by AISATS, its management, personnel or agents of during the course of the evaluation process shall create such a contract in respect of the Services specified in this Tender.

2.17 The Tenderer must examine this Tender and be satisfied that it fully understands its obligations listed herein. AISATS shall rely upon the information provided by the Tenderer and select the Tenderer on the basis of this information.

2.18 The Tenderer acknowledges that in making its selection and when considering the formation of an agreement with the tenderer, AISATS will act in reliance on the representations made by the tenderer in the tender prepared in response to this Tender.

2.19 The Tenderer is responsible for all costs and expenses associated with responding to this Tender and AISATS cannot be held liable for any costs incurred by the Tenderer regardless of the outcome.

2.20 AISATS is not bound to accept the lowest quoted tender, or is it liable for any claim for whatever costs which may be incurred in the preparation of the Tender. AISATS shall reserve the right to accept the whole or part of the Bid.

2.21 The Selected Tenderer will not assign the Agreement to any third person or persons without the prior written consent from AISATS.

2.22 In the event of default of the aforesaid condition, AISATS, reserves the right to terminate the Agreement and can claim damages from Successful Tenderer and also reserve the right to award the Agreement to another third party at the cost and risk of the Successful Tenderer.

2.23 The Tenderer agrees to the use of Technology fully for optimization of resources as envisaged and to the complete satisfaction of AISATS. Non implementation of the software would lead to termination of the contract.




3. TENDERERS REPRESENTATIONS,CONVENANTS & INDEMNITIES:-

3.1 The Tenderer has examined the scope of the specifications and all other documents, information and requirement of AISATS and has satisfied itself as to the adequacy thereof for the performance of this Tender. It is the duty of the Tenderer to draw to the attention of AISATS any errors, discrepancies or inaccuracies in the Specifications or such other documents which an experienced supplier of the Transport Services should reasonably have discovered.

3.2 The Tenderer agrees to fully and effectively indemnify and hold harmless AISATS, its parent companies, parent, associated and affiliated companies from and against all actions, proceedings, claims, damages, liabilities, losses, costs and expenses (including without limitation, legal costs and expenses) whatsoever arising out of or in connection with the acts, deeds, omissions, defaults or negligence of the Tenderer and/ or its officers, employees, representatives, agents, suppliers, Tenderers or subcontractors in relation to this tender performance of the Works / Services and the Tenderer’s obligations under this Tender.

4. SELECTED TENDERER’S REPRESENTATIONS AND WARRANTIES:-

4.1 The Selected Tenderer should provide the following representations and warranties as regards to the Agreement to be executed, which shall remain true and valid throughout the term of the Agreement: i. It is duly incorporated under the Laws of India and is validly existing under the

laws of its incorporation.

ii. It has the requisite power, authority and legal right and has taken all actions necessary on its part, to validate, execute and deliver this Contract and the performance of the obligations thereunder.

iii. The Agreement shall constitute a legal valid and binding obligation against it,

and is enforceable against it in accordance with the terms herein.

iv. The execution, delivery and performance of the Agreement shall not conflict with, result in the breach of, or constitute a default under any law, rule, authorization or approval of any government agency or body, or under the terms of any covenant, agreement, understanding decree or order to which it is a party or by which it or any of its properties or assets is bound or affected and does not result in a violation of applicable laws.

v. It shall employ personnel who are qualified and competent to carry out the

functions as mentioned herein. The payment of salaries, wages, provident fund, gratuity etc., to such personnel, shall solely be the responsibility of the Selected Tenderer. It is hereby clarified that, the personnel of the Selected Tenderer




shall not be deemed to be employees of AISATS.

vi. It shall either monetarily compensate AISATS for any damage or loss or caused to the premises/equipment/property of AISATS or any third party on account of negligent act / performance on the part of its personnel.

vii. It shall perform all its obligations under the Agreement with due care and diligence and in a skillful and business-like manner.

viii. It shall ensure that its personnel behave in an orderly and disciplined manner and do not cause any nuisance or annoyance to AISATS or its personnel.

ix. It shall comply with all such directions issued by AISATS from time to time.

x. It has no knowledge of any violation or default with respect to any order, writ, injunction or decree of any court or any legally binding order of any relevant authority empowered by applicable law which may result in any material adverse effect or its ability to perform its obligations under the Agreement.

xi. It has complied with all applicable laws in all material respects and has not been

subject to any fines, penalties, injunctive relief or any other civil or criminal liabilities which, in the aggregate, has or may have a material adverse effect on its ability to perform its obligations under the Agreement.

xii. There are no actions, suits, proceedings, or investigation pending or, to its

knowledge, threatened against it at law or in equity before any court or before any other judicial, quasi-judicial or other authority, the outcome of which may result in a breach of the Agreement or which individually or in the aggregate may result in any material impairment or its ability to perform its obligations under the Agreement.

xiii. It is and shall able to pay its debts as they fall due for payment and is otherwise solvent as per applicable laws, it has not compounded with or negotiated any composition with or called any meeting of its creditors, a receiver, trustee or manager has not been appointed for the whole or any part of its assets or any right, it has not committed any act of bankruptcy or insolvency or passed any resolution for or otherwise entered into any liquidation, winding up or administrative order or taken or suffered any action analogous to any of the foregoing under taken or suffered any action analogous to any of the foregoing laws of India or any other applicable jurisdiction.

xiv. It is not in breach of any agreement with any person who has provided loans, deposits, advances, guarantees or other financial facilities to it.

xv. All taxes due and payable by it have been paid, and all tax return and reports required to be filed by it have been correctly filed and on time. There are no




claims pending or matter under dispute with any taxing authority in respect of any tax of the Selected Tenderer.

xvi. It shall be responsible for the payment of all and any taxes including income tax and all similar taxes and levies in respect of its fees, duties, fines, penalties, etc., by whatever name called as may become due and payable under any laws, rules and/ or regulations as may be prevalent and as amended from time to time in relation to the services rendered under the Contract

xvii. It shall obtain the necessary permissions and licenses from the concerned authorities including DIAL for the purposes of the Agreement. Further, to keep the said permissions and licenses valid and subsisting at all times during the term of the Agreement. In the event that it omits or fails to obtain any requisite permission or license from the concerned authorities then it shall indemnify and keep indemnified AISATS against all losses, costs, or damages that may be suffered by AISATS as a result of such omission or failure.

xviii. The Selected Tenderers shall indemnify AISATS against all claims, damages, and losses including costs (including counsel fees and legal cost) arising due to the negligence or breach of obligations on part of the Selected Tenderers and/or its employees.

xix. For the avoidance of any doubt it is hereby clarified that the Selected Tenderers shall be solely liable for accidents, injuries, death and/or damages caused to any individual/s and/or property of AISATS and/or any third party, due to its negligence, willful misconduct, breach of any provisions of the Contract and Tender including that of its employees, during performance of their duties under the Agreement and shall indemnify AISATS and/or its employees, from costs or liabilities, arising therefrom (including counsel fees and legal cost).

5. RESPONSIBILITIES OF THE SELECTED TENDERER

5.1 The vehicles as mentioned in the Annexures attached herewith is to be provided by the Selected Tenderer.

5.2 The requirement with respect to the vehicles to be deployed to AISATS are as Follows:

i. Vehicles should not be more than 3 (three) years old from the date of its

purchase and it shall not be more than 5 years old during the tenure of the contract.

ii. Vehicles assigned must be fully owned by the Tenderer and not sublet or leased from other agencies.




iii. The comfort level of the vehicles pertaining to the seating should be to the satisfaction of the users.

iv. The vehicles deployed to AISATS shall have Advanced GPRS system

compatible to our congruent technology partner. (To track the Vehicle, Km run, and other log book details), good interiors, should be road worthy and accident Free. In addition, the tenderer at any given time should have four (4) spare GPS devices and mobile phones to serve the purpose.

Technical Specifications: GPS-

GSM:850/900/1800/1900MHz GPRS: Class12,TCP/IP Voltage supply:9~56v Working Temperature:-20-70° GPS Tracker

size:88*45*13mm Positioning mode: GPS/GSM/GPRS

Communication mode:GSM/SMS/GPRS GPS Accuracy:≤ or =10m

Locating Time Cost: Hot start:≤ 10secs Warm Start:≤ 32sec Cold Start:≤ 38sec

Access to Open REST API’s and easy integration Water Proof, Dust Proof.

v. The above specifications may change depending upon the technological

developments and tenderers are expected to comply with suitable replacements.

vi. The drivers and vehicles assigned to AISATS should be covered with Insurance

in accordance with the requirements listed herein.

vii. The vehicles being offered shall have registration as commercial vehicle with yellow number plate only. Payment of Insurance premium, road tax and all other statutory payments to the appropriate authority with respect to the vehicles/Drivers/Supervisors will be the sole responsibility of the Selected Tenderer. Any liability to AISATS arising due to non-adherence of the statutory requirements should be borne by the Selected Tenderer. TOLL FEE CARD for Vehicles deployed for AISATS operation & Toll charges should be done/borne by the tenderer.

viii. Staff Transportation Vehicles deployed for AISATS should not be used for other

companies/organizations.

ix. The vehicles inspected and approved by AISATS should be sent for service on regular basis during the agreement period at the sole cost of the Selected Tenderer. AISATS will carry out inspection of the vehicles being offered time and again. The vehicles should also be cleared for pollution clearance and should conform to Motor vehicle Inspection Standards




x. Vehicles sent as replacement/standby will also be subject to inspection and

approval of AISATS.

xi. Drivers coming for replacement duties should hold valid driving license and should come through the Selected Tenderer only.

xii. AISATS staff will have the rights to check the Speedo meter reading at any

point of time. xiii. The vehicles should report to the First Point 10 minutes before the schedule

pick up time as mentioned in roster given by AISATS and should report 15 minutes before for the drop time before scheduled timings.

xiv. The vehicles should be fixed with AISATS logo mandatorily, while plying, which

will be provided by AISATS. xv. In case of any additional requirement of vehicles during the contract period, the

same has to be provided at contract rates only. Similarly, AISATS reserves the right to reduce the number of vehicles, if necessary.

xvi. The Selected Tenderer should have proper office telephone numbers/mobile

nos. enabling AISATS to contact them at any time. xvii. The Selected Tenderer should cater to all norms fixed by the Delhi Road

Transport Authority for running the vehicles. xviii. The Selected Tenderer should be able to replace the vehicles that are not

roadworthy or older models that is not specified or not having valid documents and also replace the drivers who are found misbehaving, missing trips, misusing the log sheets, refusing to do duty, etc.

xix. The vehicle shall always carry mandatory spares viz., tool kit, fuses, Stepney

/tyre (spare wheel), spark plugs, fan belts, fire extinguishers etc. and should have adequate fuel.

xx. The vehicle should have seats with headrest; neat and hygienic seat covers, curtains and first aid box.

xxi. The Selected Tenderer/ should provide supervisors (who are to be available on

all days 24 x 7 x 365days) at no extra cost, whose primary task is to co-ordinate the vehicle services. Escalation matrix for issues to be addressed to be provided at the time of signing of the contract.

xxii. The Supervisors should have ample experience in transport management and

be aware about maintenance of vehicles from the point of view of road




worthiness, upkeep of the vehicles, etc. The Supervisor should possess man-management skills and should be cordial with the staff.

xxiii. In case of any delays/breakdown/non-reporting of vehicles, the information

should immediately be passed on to the AISATS Transport Department. A suitable replacement to be arranged within 30 minutes (by quoting for this, the Tenderer is deemed to have accepted this clause without any condition whatsoever).

xxiv. The Selected Tenderer should instruct the Supervisor/driver to interact only

with the Transport Representative designated by AISATS. xxv. No Change of vehicle/driver will be allowed without the prior written permission

from AISATS.

xxvi. The Selected Tenderer should operate the trips through the software only (share the start and end time of each trip with congruent technology partner on a real time basis.)

xxvii. The Selected Tenderer should share its driver’s database with requisite details

with AISATS (in the software) prior to operations.

xxviii. The Selected Tenderer should assign drivers to the trips allocated to it in the software on time (through the congruent technology partner system only.)

xxix. Any change the Selected Tenderer wishes to make, will be via the congruent

technology partner system only. xxx. The Selected Tenderer should follow the route/group/trip as assigned by the

congruent technology partner system only.

xxxi. Periodic review meetings will be conducted by AISATS to assess the performance of the Selected Tenderer and it will be obligatory of the part of the Selected Tenderer to attend these meeting

xxxii. Manpower / Infrastructure:

(a) All drivers must possess valid driving license for the type of vehicle they are operating and must not have any prior cases of road accidents / banned/ suspended from driving. AISATS has the right to terminate the contract immediately should it discover that the Tenderer has provided such drivers at any point of time. The duty of the same driver will not exceed 12 hours in a 24 hours cycle. They will always carry vehicle “Identity cards” whenever on duty and wear uniforms. They should maintain basic grooming and correct attitude. Ensure the AI SATS staff should be picked up from the address mentioned in the roster, any deviation is to be reported to Transport representative in




advance.

(b) The engagement and employment of drivers and payment of wages to them as per existing provisions of various labor laws and regulations in India, is the sole responsibility of the Selected Tenderer and any breach of such laws or regulations shall be deemed to be breach of the Agreement.

(c) AISATS shall implement the transport policy applicable from time to time in full.

Clubbing decisions will be provided by congruent technology partner software to the transport coordinators to optimize the number of trips by pooling the staff.

(d) Selected Tenderer’s Personnel: Selected Tenderer will ensure that the drivers

deployed for duties at AISATS adhere to the following norms: The drivers of the Selected Tenderer shall

Not argue with any AISATS personnel and if the AISATS personnel is deemed to be aggressive they should report it later to the AISATS Transport Helpdesk.

Never smoke or use tobacco while inside the vehicle (irrespective of whether the vehicle is being driven or not).

Never be under the influence of alcohol or drugs while on duty and should not allow any passengers to do the same.

Never involve in misbehavior with any AISATS employee, Guest or any other contract personnel at AISATS.

Not indulge in impoliteness, loud talking, inappropriate language, inappropriate gestures, indiscipline etc.

Not indulge in Group gatherings, disturbances of any sort at AISATS.

Not be involved in any kind of activity at AISATS with wrong intentions (Including theft), either directly or as a support to any third party.

Only switch on the music on users demand and take any phone calls after pulling the vehicle to a side of the road, if required to attend.

In case of any emergencies, urgent requirement or untoward incident report to AISATS Transport team immediately.

Not deviate on route without transport instruction being given to them by AISATS or its representative.

No refuel in between the routes along with staff is not allowed.

6. EARNEST MONEY DEPOSIT:-

6.1 An Earnest Money Deposit (EMD) of Rs. 10,00,000 ( Rupees Ten Lakhs only) should be in the form of Crossed Bank Draft / Banker’s cheque of any Nationalized Bank in India, valid for three months from the date of submission, must be submitted in a separate envelope along with the Technical Bid. The EMD sent through courier or post shall be at the risk of the Tenderer and AISATS shall not be responsible for any loss or non-receipt of the same.




6.2 The crossed Bank Draft shall be in favor of “AIR INDIA SATS AIRPORT SERVICES

PVT. LTD.,” payable anywhere in India.

6.3 The Bids without EMD or with EMD in any other form other than as mentioned aforesaid shall be rejected as non-responsive.

6.4 No interest shall be payable by AISATS for the sum deposited as Earnest Money

Deposit.

6.5 Forfeiture of EMD: The Earnest Money deposited by the Tenderer shall be forfeiture by AISATS in the following events:

i. If Tender is withdrawn during the bid validity period or any extension thereof.

ii. The Tenderer does not respond to request for clarifications of its bid within 1

day from the date of request by AISATS.

iii. The Tenderer fails to provide required information during the evaluation process.

iv. If the bid is varied or modified in a manner not acceptable to AISATS during

the validity period or any extension of the validity duly agreed by the Tenderer and AISATS.

v. In case of a Selected Tenderer, the said Tenderer fails to furnish Performance

Bank Guarantee after work has been awarded within 30 days.

6.6 EMD of the unsuccessful Tenderer would be returned back after issuance of the letter of Intent to the successful Tenderer(s).

6.7 EMD of the Selected Tenderer will be returned within (30) days after submission of Performance Bank Guarantee by the Selected Tenderer.

7. PERFORMANCE BANK GUARANTEE:-

7.1 The Selected Tenderer shall be required to deposit an amount equal to 5% of the Annual Contract value as Performance Bank Guarantee (in the manner specified by AISATS) within 30 (thirty) days of issue of Letter of Intent (LOI).

7.2 The Bank Guarantee is to be furnished in the prescribed format, which will be provided to the Selected Tenderer at the time of appointment of the successful tenderer.




7.3 The Performance Bank Guarantee shall be in the form of an irrevocable unconditional Bank Guarantee issued by a Nationalized Bank in favor of “AIR INDIA SATS AIRPORT SERVICES PVT. LTD.” It is expressly understood and agreed that the Performance Bank Guarantee is intended to secure performance of the Successful Tenderer, failing which it will be deemed to be in default of the Agreement. It is also expressly understood and agreed that the Performance Bank Guarantee is not intended to cover all the damages details stipulated in various clauses of the Agreement. In case of breach of Contract or violation of any terms of the Agreement the bank guarantee be invoked.

7.4 The above Bank Guarantee shall be valid for an additional period of three months in addition to the term of the Agreement (i.e. 2 years+ 3months). AISATS will be free to en-cash this Bank Guarantee in the event of any failure on the part of the Service Provider to meet his obligations under the contract or in the event of any demand by the concerned Statutory Authorities for the dues from the Service Provider.

7.5 The above Performance Bank Guarantee shall be released after the successful completion of the Services as mentioned in the Agreement, after adjusting for penalties and applicable deductions, if any that may be imposed under the Agreement.

7.6 After acceptance of the agreement if any/all the terms and conditions of the Agreement is/are violated, then AISATS reserves the right to terminate the Agreement. In such case, the Bank Guarantee amount will be en-cashed by AISATS without assigning any reason.

8. PAYMENT SCHEDULE:-

8.1 Payment to the Selected Tenderer shall be released after 30 days from the date of receipt of the bills subject to satisfactorily providing of Services by the Selected Tenderer and deduction of penalties, liquidated damages and applicable taxes.

8.2 Payment to the tenderer will be based upon the system generation billing only, while manual records may be used for audit / references. Bills shall be settled only through the system. It is therefore, necessary for the Tenderers to use the system completely including clubbing, attendance marking, SLA acceptance etc. In case of deficiency of services/complaints the AISATS representative may impose penalty to be deducted from the monthly bill of the tenderer as agreed in the SLA. In this regard, the decision of AISATS representative will be final and binding on the tenderer.

8.3 No payment for Extra hours will be made for the fault / mistake / delay from Tenderer’s side.




8.4 Drivers should not take money from Staff for Fuel, Toll charges, Parking Charges and any fine paid to police during operation.

9. INSURANCE & OTHER OBLIGATIONS:-

9.1 The vehicle and drivers assigned by the Selected Tenderer for the Agreement shall be covered under insurance and as per statutory norms.

9.2 Vehicle Insurance and third party insurance (to cover the passengers travelling in the vehicle) shall be the sole responsibility of the Selected Tenderer for the entire term of the Contract.

9.3 All vehicle insurances should cover passenger liabilities / claims. In case of any violation of statutory norms such as Insurance etc., AISATS will be at liberty to file a full claim full damages from the Selected Tenderer.

9.4 The Successful Tenderer is required to submit a copy of the valid and subsisting insurance policies (including renewals) to AISATS when demanded by AISATS. If the same is not provided at the time of the demand, AISATS shall have a right to terminate this Agreement or obtain a suitable insurance for the vehicles. If AISATS obtains an insurance policy then AISATS will pay for the insurance and collect the cost of the same from the Successful Tenderer along with damages for breach of this condition in the Agreement.

9.5 In case of any accidents, the Selected Tenderer will be solely responsible for the same and will not enter into any litigation with AISATS under any circumstances. The Selected Tenderer will be solely liable under relevant sections of Motor Vehicle Act 1968 and IPC causing death or permanent liability developed in the vehicle.

9.6 The Selected Tenderer will be responsible for all claims from third parties (including the employees of AISATS) in the event of any accident.

9.7 The Selected Tenderer would indemnify AISATS against any liability/claims in the event that the Selected Tenderer’s staff suffers any injuries/damages due to an accident in carrying out duties for AISATS.

9.8 In case, the driver or any other personnel assigned by Selected Tenderer suffers any injuries/damages due to an accident in AISATS premises or outside AISATS premises, during discharge of its duties, the entire cost of compensation should be borne by the Selected Tenderer.




9.9 If during the term of the Agreement the Vehicle/s becomes damaged and unfit for use by AISATS, or becomes a total loss for insurance purposes the Selected Tenderer shall inform AISATS immediately. In such an event, the Selected Tenderer shall arrange for a suitable replacement vehicle for AISATS immediately, on the same terms and conditions mentioned herein.

10. PRICE AND VALIDITY:-

10.1 The rates must be quoted (in words and figures) as detailed in Annexure – VI

covering the entire activity as per the scope of contract. Rates should be inclusive of all applicable charges, but excluding applicable taxes like service tax/ GST, the quantum of which should be clearly specified. The bill raised to AISATS after rendering the services shall be subject to tax deduction at source. Rates agreed upon shall remain same throughout the period of the Agreement.

10.2 Notwithstanding any other provision to the contrary contained in the agreement,

AISATS may, at any time, without providing notice to the successful Tenderer, set off or deduct from any or all amounts payable to the Selected Tenderer (whether under the Agreement or any other Agreements), any or all sums that may be due and owing by the Selected Tenderer to AISATS, its related or associated companies, whether under the Agreement or otherwise (including without limitation, any liquidated damages payable under Agreement, or any amounts previously overpaid to the Selected Tenderer).

10.3 Unconditional discounts, if any, should be clearly indicated, and would be applied to the bid price during evaluation.

10.4 Conditional discounts, if offered will not be considered for arriving at the lowest bid.

10.5 Tenderers are advised to understand the quantum of the Services required to be provided under the Tender before submitting their price bids. They may even visit various pick-ups and drop points (as listed in the Annexures) of AISATS employees for this purpose. No clarification will be entertained after receiving bids.

11. PENALTY/LIQUIDATION DAMAGES:-

11.1 PENALTIES

i. The performance of the Selected Tenderer will be reviewed periodically by AISATS. Where the performance is below the standard expected, appropriate deductions will be made as per the assessment made by the AISATS management. AISATS will officially notify these deductions to the Selected




Tenderer, and the Selected Tenderer will be given an opportunity to justify the same, but in case of disagreement, the decision of AISATS will be final.

ii. The driver/s as provided by the Selected Tenderer is to ensure that staff using

the vehicle on daily basis signs the log book in the vehicle. The log book would also contain complaints and poor services reported by AISATS staff. Penalties would be imposed for any service lapses as agreed under the contractual obligations

iii. While all contractual conditions will be strictly enforced, penalty will be imposed for failure of below services like:

S. No Item Penalty Amount

Remarks.

1 Rash driving Rs. 1000/-

2 Rude/ unacceptable behavior by Service Provider employee/s

Rs. 1000/-

3 Non-availability of mobile phone/ GPS in the vehicle per day

Rs. 1000/- Per Day

4 Non-Functioning of GPS device for two consecutive days

Rs. 500/-

5 Non availability of vehicle 15 minutes before scheduled pickup (per vehicle)

Rs. 1000/-

6

Delayed Cab arrival from the scheduled arrival time (After 15 minutes from Office Reporting Time) without justifiable reason

Rs. 500/- For every 15 min

7 Driver found to be under influence of drugs / alcohol.

Rs. 2000/- Per incident and removal of such driver

8 Carrying unauthorized persons during the period of attachment of the vehicle to the company’s duty

Rs. 2000/- Per Incident

9 In case of any cab not reporting for duty

Rs. 2000/- or actual reimbursement to employees




iv. The above list of Items can be added / changed / enhanced by a prior written notice by Air India SATS Airport Services Private Limited.

11.2 LIQUIDATED DAMAGES:

i. In case of Major Accidents with injury to AISATS staff, penalty will be charged

at 1% of the amount of monthly billing in addition to Insurance and hospitalization charges of the staff.

12. DURATION OF THE AGREEMENT:-

12.1 The Validity of the Agreement would be 24 (twenty-four) months / 2 (two) years

from the date of execution of the Agreement between AISATS and the Successful Tenderer.

12.2 After expiry of two years, AISATS may at its sole discretion to extend the Agreement

for one more year at the same terms & conditions.

12.3 AISATS has the right to terminate the Agreement by giving a notice period of 60 (sixty) days, for any reason whatsoever, including a force majeure event, without any liability to the Selected Tenderer.

12.4 AISATS also has the right to terminate this agreement immediately (without giving any prior notice) if

i. The Selected Tenderer is found guilty of breach of the agreement or other

unethical practices, including violation of any laws.

ii. The Selected Tenderer fails to provide the required number of vehicles as mentioned in Annexure II (Scope of Work) and /or provide the vehicles as per the specifications stipulated herein or in case it fails to carry out the Services mentioned herein or the Services provided by it are not satisfactory. Further, in such case AISATS is empowered to obtain the Services, from any third party at the cost and risk of the Service Provider and impose penalties as specified in the Tender/Agreement.

iii. The Selected Tenderer breaches any clauses of the Tender/Agreement,

including violation of any laws including labor laws.

iv. The Service Provider being a partnership firm is dissolved or becomes or is declared insolvent or commits any act of insolvency or any of its partner is declared insolvent or commits any act of insolvency.




12.5 The Selected Tenderer shall have the right to terminate the Agreement by giving a notice of ninety days. However, in such an event, the Selected Tenderer shall have no right to claim compensation/damages etc. from AISATS on account of early termination. If a suitable replacement is not found by AISATS, within the aforesaid period of 90 (ninety) days, the Selected Tenderer shall continue to provide the Services until the period such replacement is found. The Selected Tenderer shall be paid, in accordance with the terms of the Tender Document for all the Services provided by it, during the notice period and if applicable, for the Services provided by it for the period after the notice period, until a suitable replacement is found.

13. CLARIFICATIONS:-

13.1 For any clarifications with regard to the Tender please contact : Mr. Errol D’costa at [email protected]

13.2 Clarifications, if any with respect to the tender may be sought in writing before submission of the Tender, on any working day before the closing hours of the office (i.e. 08:30-17:30) AISATS will not be responsible for any delay in submission of the Bid on the part of the Tenderer, due to the above.

13.3 During the period following the date of release of this Tender and before the

closing date of the Tender, all Tenderers will be permitted to submit questions in writing by email to the aforesaid email address.

13.4 While all questions will be given full consideration, AISATS reserves the right to limit the format, content and timing of its responses, in any way believed by it to be appropriate (which includes the right to refuse a response without giving any reason for so doing).

13.5 Amendments and clarifications, if any, to this Tender will be hosted on the website of AISATS at www.aisats.in and AISATS will not intimate the Tenderers individually of the same. The Tenderers are, therefore, advised to visit the AISATS website regularly till the date of closing of the Tender. The last amendment, if any, will be hosted a minimum of 5 days before the closing date of the tender. Such amendments will be deemed to form a part of the Tender.

14. INDEMNITY:-

14.1 The Selected Tenderer shall indemnify AISATS against any claims, damages, loss

or penalty including cost thereof in case of liability arising out of any accident / incident involving the personnel, properties of AISATS and vehicles deployed by them or of any third party on account of the vehicles mentioned herein.

mailto:[email protected]

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14.2 The Selected Tenderer shall indemnify AISATS against any liability/claims in the event that the Selected Tenderer’s staff suffers any injuries/ or death of any person / damages due to an accident in carrying out duties for AISATS.

14.3 The Selected Tenderer shall indemnify AISATS against any claims, damages, loss or penalty including cost there of arising out of any breach or violation of any of the provisions of all the laws, including labor laws as applicable from time to time, governing the employees employed by the Selected Tenderer and the vehicles deployed by them.

14.4 The Selected Tenderer agrees to fully and effectively indemnify and hold harmless AISATS and its parent companies from and against all actions, proceedings, claims, damages, liabilities, losses, costs and expenses (including without limitation, legal costs and expenses) whatsoever arising out of or in connection with the provision of Services in this Agreement.

15. CONFIDENTIALITY:-

15.1 The contents of this Tender/Agreement, together with all responses and clarifications provided to the Tenderer by AISATS, and AISATS’s process of Tenderer selection, as well as the timing and content of any meetings, discussions and negotiations between AISATS and the Selected Tenderer, constitute ‘Confidential Information and shall not be shared with any third party.

15.2 Further the contents of the Agreement to be executed between the Selected Tenderer and AISATS, together with its annexure s (if any) constitute ‘Confidential Information and shall not be shared with any third party.

15.3 Confidential information also includes information of AISATS that is designated as 'confidential' or which by its nature is clearly confidential. Confidential Information includes (without limitation) the terms of the Agreement, any information concerning the technology, technical processes, business processes, procedures, personal data, business affairs, financial affairs and finance of AISATS.

15.4 The Selected Tenderer shall not, at any time, for any reason, disclose or permit to be disclosed to any third person any, confidential information and the Selected Tenderer shall not otherwise make use of or permit any use to be made of any confidential information by any third person.




15.5 The Selected Tenderer agrees that, in the event it uses the Confidential Information contrary to the terms of this Article, AISATS, in addition to any and all other remedies available to it, shall have the right to equitable relief, restraining or enjoining the Selected Tenderer from using any Confidential Information in violation of the terms and conditions of this Article and to recover from the Selected Tenderer all the costs in enforcing this Article, including reasonable attorneys’ fees.

16. RECOVERY OF SUMS DUE:-

16.1 Whenever, any claim against the Selected Tenderer for payment of a sum of money arises out of or under the Agreement , any other contract between the same Selected Tenderer and AISATS, AISATS shall be entitled to recover such sums from the performance bank guarantee and/or any sum then due or when at any time thereafter may become due from the Selected Tenderer under this or any other contract with the AISATS and should this sum be not sufficient to cover the recoverable amount of claim(s), the Tenderer shall pay to AISATS the said amount within 30 days of demand the balance remaining due. In the event the same is not paid within the stipulated period AISATS may levy a late payment interest @ 18% per annum till the date of receipt of the aforesaid balance amount.

17. NON-WAIVER:-

17.1 Failure of AISATS to insist upon any of the terms & conditions incorporated in the Tender/Agreement or failure or delay to exercise any rights or remedies herein, or by law or failure to properly notify Tenderer in the event of breach, or the acceptance of Services or payment of the same, hereunder shall not release the Selected Tenderer and shall not be deemed a waiver of any right of AISATS to insist upon the strict performance thereof or of any of its or their rights or remedies as to any such Services regardless of when such Services are received or accepted nor shall any purported oral modification or revision of the order by AISATS act as waiver of the terms hereof. Any waiver to be effective must be in writing.

18. REGULATORY COMPLIANCE:-

18.1 The Selected Tenderer shall ensure compliance of all applicable laws, rules and regulations (throughout the term of the Agreement) that may be applicable in furtherance of rendering the services under this Tender/Agreement to AISATS and shall indemnify AISATS from any breaches committed by the Selected Tenderer in complying with the provisions of this section.




19. CONFLICT OF INTEREST:-

19.1 The Selected Tenderer (including its Personnel) that has a business or family relationship with family member of AISATS staff who is directly involved in any part of (i) the preparation of the Terms of Reference and Scope of work & services of the assignment, (ii) the selection process for such assignment, or (iii) supervision of the Works, may be disqualified from the Bid and / or terminate the Agreement executed under the Tender, unless the conflict stemming from this relationship has been resolved in a manner acceptable to AISATS throughout the selection process and execution of the Work Order.

19.2 The Selected Tenderer has an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interest of AISATS, or that may reasonable be perceived to the disqualification of the Tenderer of the termination of the Agreement.

20. ARBITRATION / DISPUTE RESOLUTION:-

20.1 In the event of any dispute arising out of or in connection to this Tender/Agreement or the breach thereof including any question regarding its existence, validity or termination, the Parties shall first use their best endeavors to settle such disputes or differences through amicable discussions between the authorized representatives of the Tenderer/ Selected Tenderer/AISATS (Parties). To this effect, they shall consult and negotiate with each other, in good faith and understanding of their mutual interests, to reach an amicable and equitable solution satisfactory to the aforesaid Parties.

20.2 However, if the dispute is not resolved within a period of thirty (30) days from the date the dispute is addressed by either party to the other Party in writing then such disputes shall be resolved by reference to Arbitration by Sole Arbitrator to be appointed by the Parties mutually as per the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted under the Arbitration and Conciliation Act, 1996 and any amendments thereto. The arbitration proceedings shall be conducted in English language and the seat of Arbitration shall be Mumbai, India. Each Party shall bear its own expenses and the Parties shall equally share the expenses of conducting the Arbitration proceedings unless awarded to the contrary. The award so passed by the Sole Arbitrator shall be final and binding on the Parties.

20.3 The Parties expressly agree that while any dispute under this Agreement is subject of reference to arbitration proceedings, the Parties shall continue to perform all their respective obligations under this Tender/Agreement without prejudice to the




final determination of such reference by the Sole Arbitrator, unless the same is a subject matter of dispute.

21. FORCE MAJEURE:-

21.1 Neither Party hereto shall be liable for failure to perform or for delay in forming any

of its obligations under the tender/agreement, if such failure or delay is caused or results from a condition or FORCE MAJEURE.

21.2 The term FORCE MAJEURE as used in the tender/agreement means Act of God, War, Revolt, Riot, Fire Tempest, Flood, Earthquake, Lighting, direct or indirect consequences of war (declared/undeclared) sabotage, hostilities, National Emergency, Civil Disturbances, Natural Calamities, Commotion, Embargo (Blockage) due to any law or promulgation, Ordinance or Executive order whether central or State or Local Or Municipal Authorities, Regulation or any other cause beyond the control of either Party.

21.3 If any Party becomes aware of any of the Force Majeure Events set out as above, such Party shall notify the other Party of the event and provide evidence of the event occurrence in the form of written documents as soon as possible(and in any event within five (5) days of information about the occurrence of such an event becoming known to such Party), and shall thereafter keep the other Parties informed of the continuation or termination of such event as soon as possible (and in any event within three (3) days of the continuation or termination of such event).

21.4 Notwithstanding the occurrence of a Force Majeure Event, the affected Party shall use its best reasonable efforts and due diligence to mitigate the economic and other effects of the event of Force Majeure and shall reasonably allocate its available resources, giving priority to its obligations under this Agreement.

22. JURISDICTION:-

22.1 This Tender/ Agreement shall be governed by, and interpreted in accordance with,

the Laws of India.

22.2 Subject to the provisions of arbitration mentioned herein the Courts in Mumbai shall have exclusive jurisdiction to adjudicate the subject matter of this Tender/Agreement.