Tender for Supply, Installation and Commissioning of Streaming … · capability to provide streaming Inflight Entertainment (“IFE”) on Wi-Fi for Air India’s B777/ B787 and

Tender/ENGG/IFE on Wi-Fi/01 dated 23 April 2019

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Tender for

Supply, Installation and Commissioning

of Streaming In-Flight Entertainment

IFE through Wi-Fi on

Air India

B777/ B787 and A319/A320/A321

Fleet

– Revenue Sharing Model

REGISTERED OFFICE: AIR INDIA LIMITED, AIRLINES HOUSE,

113 - GURUDWARA RAKABGANJ ROAD NEW DELHI-110001


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DISCLAIMER

The information contained in this tender (“Tender”) or subsequently provided to bidder(s) whether

verbally or in documentary or any other form by or on behalf of Air India Limited (“Air India”), is

provided to the bidder(s) on the terms and conditions set out in this Tender and such other terms

and conditions subject to which such information is provided.

This Tender is not an agreement and is neither an offer nor invitation by Air India to the

prospective bidder(s) or any other person. The purpose of this Tender is to provide interested

parties with information that may be useful to them in making their technical and commercial

proposals/ bid(s) (“Bid(s)”) pursuant to this Tender.

While the document has been prepared in good faith, no representation, express or implied, is or

will be made, and no responsibility or liability will be accepted by Air India or any of its employees,

in relation to the accuracy or completeness of this document and any liability thereof is expressly

disclaimed. No contractual obligation on behalf of Air India, whatsoever, shall arise from the offer

process unless and until a formal contract is signed and executed by duly authorized officers of

Air India and the bidder.

Air India make no representation and shall have no liability to any person, including any bidder

under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or

otherwise for any loss, damages, cost or expense which may arise from or be incurred or suffered

on account of anything contained in this Tender or otherwise, including the accuracy, adequacy,

correctness, completeness or reliability of the Tender and any assessment, assumption,

statement or information contained therein or deemed to form part of this Tender or arising in any

way in the bidding process.

Air India also accepts no liability of any nature whether resulting from negligence or otherwise

howsoever caused arising from reliance of any applicant or bidder upon the statements contained

in this Tender.

Each bidder 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. Air India accepts no responsibility for the accuracy or otherwise for any interpretation or

opinion on the law expressed herein.

Air India 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, from

time to time till the opening of the Bids.

The Tender does not imply that Air India is bound to select a bidder or to appoint the successful

bidder, as the case may be, and Air India reserves the right to reject all or any of the proposals

without assigning any reason at any time.

The bidder shall bear any and all its costs associated with or relating to the preparation &

submission of its Bids including but not limited to preparation, copying, postage, delivery fees,

expenses associated with any demonstrations or presentations which may be required by Air

India or any other costs incurred in connection with or relating to its Bid. All such costs and


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expenses shall remain with the Bidder and Air India shall not be liable in any manner whatsoever

for the same or any other costs or other expenses incurred by the bidder in preparation or

submission of the Bid, regardless of the conduct or outcome of the Bid selection process as

contained herein.


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Important Information

The Technical Bid proposal will be opened in presence of Bidders. The Bidder’s representative

must carry a letter of authority on the Bidder’s letter-head from the authorized signatory of the

Bidder, failing which they will not be permitted to participate in the Tender opening process.

Tender Ref. No TENDER/ENGG/IFE on Wi-Fi/01 dated 23 April 2019

Pre-Bid meeting and for receipt of

queries from bidder

06 May 2019at 1100 hrs (Indian Standard Time)

Last date for mailing the clarifications /

amendments, if any by Air India.

08 May 2019

Last date and time for submission of

Tender Proposal

21 May 2019 at 1500 hrs (Indian Standard Time)

Place of submission of Bid Air India Ltd

Industrial Engineering, Engineering Dept

Hanger # 3 Fourth Floor

Santa Cruz East

Mumbai

Due Date and Time of Opening

Technical Bid Proposal

22 May 2019 at 1100 hrs (Indian Standard Time)

Place of Opening of Tender Proposal Air India Ltd

Engineering Dept

Hanger # 3 Fourth Floor

Santa Cruz East

Mumbai

Validity of Proposal 120 (one hundred twenty) days from the Last Date of

submission of Proposal

Earnest Money Deposit (EMD) USD 3,000 (USD Three thousand) or INR 2,00,000/-

(Two Lakhs)

Bidder may submit the amount through Wire Transfer /

RTGS / NEFT / ECS or Demand Draft in favour of Air

India Ltd. EMD deposit is a must for submission of the

Bid otherwise Bid will not be considered for Technical

Bid evaluation.

Performance Guarantee/deposit Performance Guarantee / Deposit equivalent to

5% (five) of the total revenue assured by the

vendor is required to be submitted at the beginning

of the contract for the duration of the contract plus

one year..


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Address of Communication For General Terms & Conditions

ABK Rao - Executive Director- Engg

Airlines House, 113-Gurudwara Rakabganj Road

New Delhi - 110001

Email: [email protected]

Phone: 011-23421280

For Technical Clarifications

HP Jamadar, General Manager–Engineering

Air India Ltd.

Old Airport, Santacruz East

Mumbai – 400 029

[email protected]

Tel : +91-22-2626 3372

mailto:[email protected]


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TABLE OF CONTENTS

Item No. Details Page No.

1 Background Information - Air India Limited 9

2 Purpose/Objective 9

3 Work-Scope 10

4 Mandatory Technical, Functional Requirements and Deliverables 11

5 Deliverables 12

6 Implementation timeframe 13

7 Pre-Bid Meeting 13

8 Bidding Process (Two Stages) 14

9 Submission of the Document 14

10 Evaluation Process and Selection Criteria 15

11 Fraudulent Practices 16

12 Litigation History 17

13 Representations and Warranties to be given by the Bidders 17

Annexure - 1 : General Terms and Conditions 19

1 General Terms 19

2 Earnest Money Deposit (EMD) 22

3 Discussions with Highest Bid (H1) before Release of Contract 23

4 Documentation 23

5 Rejection of Bids (Technical Bid & Financial Bid) 23


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6 Inspection Clause 23

7 Liquidated Damages for delay / deficiency / non-performance 23

8 Confidentiality / Non-Disclosure Agreement (NDA) 24

9 Security Deposit/Performance Bank Guarantee 24

10 Contract / Purchase Order 25

11 Subcontracting or Assignment 25

12 Intellectual Property Rights 25

13 Indemnity 26

14 Responsibility for Completeness 26

15 Service Level Agreement (SLA) 27

16 Liquidated damages / Penalties 28

17 Problem Management & Escalation 29

18 Exit / Termination of Contract 29

19 Black Listing of Bidder 30

20 Force Majeure 30

21 Governing Laws and Disputes 31

22 Benefit to Micro and Small Enterprises 31

23 Make In India 32

24 Benefit to Start Up Companies 33

Annexure - 2 : Letter of Technical Proposal 35

Annexure - 3 : Functional and Technical Mandatory Requirements 37


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Annexure - 4 : Technical Requirements - Deliverables 40

Annexure - 5 : B777/ B787 and A319/A320/A321/ Aircraft with Seat Configuration and

Capacity 41

Annexure - 6 : Undertaking & Compliance Certificate 46

Annexure - 7 : Airline References details for IFE on Wi-Fi System 47

Annexure - 8 : Non-Disclosure Agreement 48

Annexure - 9 : Letter of Financial Proposal 49

Annexure - 10: Price Bid Format 50

Annexure - 11: Check List of Documents 52

Annexure - 12: Bidder’s Profile 53

Annexure - 13: Variance – General Terms & Conditions 55

Annexure - 14: Statement of Legal Capacity 56


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33

1. BACKGROUND INFORMATION

a) Air India Limited a fully owned company of the Government of India, incorporated

under the Companies Act, 1956 and having its registered office at Airlines House,

113, Gurudwara Rakabganj Road, New Delhi 110 001(“Air India” or “AIL”) is the

national airline of India and the second largest airline in India in terms of passengers

carried. It operates a fleet of Airbus and Boeing aircrafts, serving an extensive

network of approximately 100 domestic and international destinations approximately

450 departures per day.

b) Currently, Air India has a fleet of 127 planes across two major hubs in Delhi and

Mumbai. Air India is a member of Star Alliance since 2014.

c) Air India has a mixed fleet of narrow body and wide body Airbus, Boeing and

Regional Jets. Air India operates these airplanes on both Domestic and International

sectors under the brand name of AIR INDIA.

d) The maintenance facilities of Air India are approved by DGCA of India. Engine

overhaul and associated component overhaul facilities are approved by FAA and

EASA apart from Indian DGCA.

2. PURPOSE / OBJECTIVE

Air India invites offers from eligible Bidders being Original Equipment Manufacturers (“OEMs”)

or authorized by OEM (“Bidder(s)”/”Vendor”) or Proprietary Solution providers having

capability to provide streaming Inflight Entertainment (“IFE”) on Wi-Fi for Air India’s B777/

B787 and A319/ A320/ A321 Fleet.

a) The purpose of this document is to invite offers under this Tender from Bidders/Vendors

to forward proposals to implement ‘IFE on Wi Fi” in Air India B777/ B787 and A319/

A320/ A321 fleet only.

b) The system offered should be capable of streaming Air India IFE content to Passenger

Electronic Devices with Menu driven access, through on board server and multiple WAPs

having MIMO capability to provide undistorted audio and video contents, such as Movies

(Hollywood, Bollywood and Regional), Songs, TV shows, magazines, News, Games etc.

c) Wi Fi system operating on aircraft power preferred over battery operated system.

d) Offers are invited for Installing and commissioning of Wi-Fisystem for period of 05 years

and sharing fixed amount of revenue from advertising.

NOTE

i. Air India reserve the right to procure and insert advertisements in the IFE content

separately across all system. Revenue generated thereof will be exclusively retained

by Air India. The applicable encoding and integration cost, along with cost of the

Digital Beta Masters will be borne by Air India on behalf of the advertiser.

ii. Air India shall have the option to source its own advertisements and generate

revenue through the same. This shall be over and above the time schedule agreed

and provided to the CSP. However, Air India CSP mutually agree to ensure that such

advertising sources are not in any way prejudicial to the interest of the CSP in regard

to acquisition of advertisement as well as avoid delays of integration and content

provision which could lead to penalties for the CSP.

e) Air India would like to have this system installed in the shortest possible time on B777/

B787 and A319/ A320/ A321 Fleet.


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3. WORK SCOPE

a) The broad scope of work will include –

1) IFE on Wi-Fi inside the aircraft during flight so that passengers can have seamless

stereo audio and HD quality video contents without any distortion on their Personnel

Devices (Smartphones, Tablets , Notebook and Laptops etc.)

2) Complete Retrofit modification kit including Hardware (Server, WAPS, Crew terminal

(where required)), Operating software, Application software and Content integration

to meet the above requirement. The offered solution should provide efficient IFE on

Wi-Fi system and options for customized changes in the proposed solution

according to Air India requirements

3) the proposed system should be scalable to accommodate / meet the increased

bandwidth usage / more users over a period of time, to ensure there is no

degradation in the Quality of Service to passengers.

b) The broad requirement of IFE on Wi-Fi Project will be inclusive of but not limited to

1) Air India MRO ( Air India Engg.Services Ltd. - AIESL) will carry out installation of IFE

on Wi-Fi retrofit on first B777/ B787 and A319/ A320/ A321 aircraft under the on-site

technical guidance and supervision from the selected bidder. First aircraft

commissioning for each aircraft type to be done by the selected bidder. For the

remaining aircraft, on-site support to AIESL to be provided by the bidder for any

service related issues.

2) For the remaining aircraft of Air India fleet as per details provided in this Tender, the

Bidder should commit to provide assistance to Air India in installation and

commissioning as well as support for installation on remaining aircraft, as and when

needed.

3) The Functional and Technical architecture, Schematic diagrams, Workflow, PERT

Charts and Layouts for B777/ B787 and A319/ A320/ A321 aircraft to be provided.

4) Installation of Operating and Application Software including Graphic User Interface

and IFE content as required by the system.

5) Servers, Multiple dual band WAP with MIMO based technology or equivalent

technology to meet the required bandwidth to stream high quality HD video and

stereo audio to Passenger Electronic Devices (“PEDs”).

6) Software Application (APP) provided should be user friendly, downloadable on-board

through Wi-Fi from the stored server on board. For Apple devices, it should be

downloadable from App Store.

7) Air India defined PAX GUI application in dual language (Hindi and English), general

features like Pause, Play, Forward, Rewind, Stop, with default volume etc and

Multiple Audio language options for the video are required as specified in above

Clause – 2 (c) PURPOSE / OBJECTIVE.

8) Content upload to server either through Flash drive or Laptop or other methods

should take place in background without affecting the existing content play period and

shall activate automatically during the next cycle.

9) Wi-Fi system monitor and control shall be through Crew terminal (if installed). Also,

ability to download passenger usage statistics through External application using

Laptop or USB.

10) Built-in Security features to prevent unauthorized access of on-board server/ system

and aircraft system.


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c) Capabilities of the Bidder :

1) Bidders should provide a demonstration (at its own cost) of their established IFE on

Wi-Fi deployments, technology used, design considerations, and the model of

operation adopted on 1 aircraft of Boeing B777/ B787 and A319/ A320/ A321 at a

location mutually agreed with Air India.

2) The Bidder should have capability to support Third Party products, if any, to be

installed along-with their own solution.

3) Any kind of interfacing / integration with external IT applications should also be

specified/explained, if any.

4) The software Application should be capable of regular updates to keep up-to

industry/technology standards and any new PEDs launched in the market

4. MANDATORY TECHNICAL, FUNCTIONAL REQUIREMENTS AND DELIVERABLES

Following are the Mandatory Technical and functional requirements for providing

IFE on Wi-Fi services on Air India aircraft, non-compliance to any of these in Tender

Bid response will lead to Technical Bid disqualification:-

a) FAA or EASA or DGCA STC / Boeing SB for B777/B787 and FAA or EASAor

DGCA STC/ Airbus SB for A319/ A320/ A321 aircraft.

Note: If STC is not required, a No Objection Certificate (NOC) or approval for

installation of System on aircraft without STC from Indian DGCA is required

b) Tolerance to Passenger Electronic Devices (TPED) certificate for the aircraft

consisting of B777/ B787 and A319/ A320/ A321 Aircraft.

c) The Bidder should commit to obtain STC from Indian Regulatory Authority

namely DGCA as per CAR section 6 series A Part II Issue I or NOC and TPED

certificate, at their own cost for B777/ B787 and A319/ A320/ A321 aircraft, Air

India would provide facilitating assistance. Approval of STC or NOC from DGCA

should be obtained within 3 (three) months of awarding the contract. Retrofit

installation on the first aircraft should be complete in a shortest possible time

within 4 (four) months from the date of awarding the contract.

d) Air India MRO ( Air India Engg.Services Ltd. - AIESL) will carry out installation of

IFE on Wi-Fi retrofit on first B777/ B787 and A319/ A320/ A321 aircraft under the

on-site technical guidance and supervision from the selected bidder. For the

remaining aircraft, on-site support to AIESL to be provided by the bidder for any

service related issues.

e) For the remaining aircraft, the IFE on Wi-Fi system retrofit kits shall be delivered

to Air India at designated maintenance facility locations within a total period of

7 (Seven) months of date of award of the contract.

f) Technical assistance (expert technical resources) for such installations and

commissioning should be available on demand against Air India requirement in

this regard.

g) Adequate quantity of tools for testing/ troubleshooting the functionality of IFE on

Wi-Fi for B777/ B787 and A319/ A320/ A321 aircraft at designated maintenance

facility locations to be provided.

h) Public address interface to pause IFE on Wi-Fi system to be provided.

i) Minimum One On-board Server with 2 TB SSD / 500 Hours Content or more

storage capacity to be provided. Sufficient number of Dual band WAPs or

equivalent system to cover all Pax on –board with built in security must be

provided.


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j) The IFE on Wi-Fi system should be upgradable for Connectivity to meet future

plans.

k) IFE on Wi-Fi should provide seamless streaming of IFE content to cover full

passenger load of aircraft with redundancy feature.

l) Software Application (APP) provided should be user friendly, downloadable on-

board through Wi-Fi from the onboard server. For Apple devices, it should be

downloadable from App Store. APP that can provide ‘Reading Light’ and

‘Attendant Call’ Control by interfacing with existing system will be preferred.

m) Bidder should provide plugins/Flash players to support all browsers and their

versions e.g. Firefox, Safari, Internet Explorer, Google Chrome, Opera etc.

n) Provide necessary hardware and logistical support to ensure serviceability of the

system at no cost to Air India

o) Provide the training, specifications, access to portal for encoding and integrating

the existing (MPEG2 / MPEG4) encoded IFE content into the proposed Infight

Wi-Fi System, these specifications and processes must be shared with Air

India’s Content Service Provider.to enable Air India to use the same IFE content

on the Inflight Wi-Fi Systems.

p) Graphic User Interface (GUI) for the IFE on Wi-Fi Systems will include Air India

and Star Alliance logo.

q) Air India defined PAX GUI application in dual language (Hindi and English),

general features like Pause, Play, Forward, Rewind, Stop, with default volume

etc. and Multiple Audio language options for the video are required.

r) Bidder needs to confirm adequate Firewalls / IP Filtering / Rogue Detection /

Secure Guest Access etc to control unauthorized access into On-board Server.

s) Bidder must have successfully completed similar IFE on Wi-Fi system retrofit on

at-least 2 (two) airline customer of B777/ B787 and A319/ A320/ A321 family OR

demonstrate the capability. A certificate from the client airlines for the

functionality of the IFE on Wi-Fi must be attached OR demonstrate the capability

on one Air India Aircraft This demo should be given during the technical bid

evaluation i.e. prior to Commercial Bid opening.

t) Provide Training to Cabin crew, Engineer and Instructor for Train the Trainer

program and provide certificate on successful completion of the training.

u) Wi- Fi system operating on aircraft power preferred over battery operated

system

v) Various options of content loading must be offered and the suitable option(s) will

be selected – Remote content loading, Incremental loading through Wi Fi,

Portable drive loading, etc.

5. DELIVERABLES

The Bidder shall provide the complete Solution including both Hardware and

Software, applications and content integration towards implementation of IFE on Wi-

Fi which shall have the following items.

a) Retrofit kit containing Hardware & software.

b) Hardware/Software Installation, Configuration and Commissioning of the system.

c) Provide the training, specifications, access to portal for encoding and integrating

the existing (MPEG2 / MPEG4) encoded IFE content into the proposed Infight

Wi-Fi System, these specifications and processes must be shared with Air

India’s Content Service Provider, to enable Air India to use the same IFE content

on the Inflight Wi-Fi Systems.

d) Complete testing of the System (User Acceptance Testing and System

Integration Testing) including Integration testing with the existing Air India

System.


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Provide Training to Cabin crew, Engineer and Instructor at designated locations

for Train the Trainer program and provide certificate on

successful completion of the training.

e) Provide periodic software (PAX GUI) / App upgrade

f) Any application / tools for maintenance team to check the integrity of the system.

g) Documents which includes maintenance manual operation manual and fault

isolation manual.

h) Provide necessary hardware and logistical support to ensure serviceability of the

system

i) Bidder must offer qty 02 Bench loaders & qty 05 PDL (portable data loader) for

content loading, if required

j) Continuous monitoring of the system through remote center

k) Software update as and when required.

l) Provide MIS reports consisting of number of passenger successful login, number

of passenger failed login, usage statistics of contents and dispatch reliability /

performance per flight on monthly basis.

m) Provide necessary hardware and logistical support to ensure serviceability of the

system at no cost to Air India

6. IMPLEMENTATION TIMEFRAME

a) The selected Bidder shall provide mutually agreed project schedule with aircraft

wise / station wise action plan and road-map of how the implementation would

be achieved at designated locations in integrated and collective manner.

b) The Bidder will provide training, specifications, access to portal and processes to

enable Air India’s Content Service Provider for encoding and integration of the

content within 1 week of award of the contract.

c) The implementation and commissioning timeline for retrofit installation on first

aircraft is within four (4) months from the date of award of Contract / Purchase

Order. For delayed deliveries, Liquidated Damages as per Clause no. 8 of

General Terms will be applicable.

d) Air India will provide Aircraft, manpower , IFE Content to assist implementation

and commissioning

e) The Bidder will install the hardware at the designated locations and commission

including required software installations to make such equipment fully functional

within 15 (fifteen) days of the receipt of material in India.

f) Training timeline-within 15 (fifteen) days of Installation – Bidder to ensure that

required training program have been conducted and Air India personnel are

imparted trainings as per requirement to manage the system effectively.

g) The total timeline for all retrofit kit for remaining aircraft is within seven (7)

months from the date of award of Contract / Purchase order. For delayed

deliveries, Liquidated Damages as per Clause no. 8 of General Terms will be

applicable.

7. PRE-BID MEETING

Air India would convene a pre-bid meeting with all prospective Bidders on 06 May 2019 @

11:00 a.m. at MMD Conference Room, Old Airport,Santa Cruz East Mumbai. to clarify any

points on the deployment of Streaming

Inflight Entertainment System on Wi-Fi (henceforth it is called as “IFE on Wi-Fi”) on Air

India aircraft. Only one authorized representative of the Bidder will be allowed to attend


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the Pre-Bid meeting. Bidders are requested to confirm their participation by sending email

to id: [email protected] and [email protected] It is essential that all

clarifications/queries shall be submitted to Air India at least 2 ( two ) days prior to pre-Bid

meeting to the addressee stated under “Pre-Bid Queries”. Clarifications of such queries

shall be provided by Air India in the pre-Bid meeting. All clarifications, post pre-Bid

meeting, will be sent by email to all bidders, ( Five ) days before closing of the Tender

without any reference as to the source of the queries. No individual clarifications will be

sent to Bidders.

8. BIDDING PROCESS (TWO STAGES)

The Bidders need to submit Technical and Financial Bids along with supporting

documents in physical form. A two-stage bidding process will be followed. The Bidders

are required to submit their proposal in response to the Tender in two parts: Technical

Bid (Part-I) and Financial Bid (Part-II)

9. SUBMISSION OF THE DOCUMENT

Technical and Financial Bids in separate sealed envelopes for supply of IFE on Wi-Fi on

Air India aircraft are to be submitted as follows:

a) Technical Bid

Bidder is requested to submit Technical Bid in the format as given in

Annexure - 2 and Annexure – 3 in one separate sealed envelope superscribed

with “Tender No. Tender/ENGG/IFE on Wi-Fi/01 dated 23 April 2019

(Technical Bid)” for supply of IFE on Wi-Fi. It must conform to the following:

1) In the first stage, only Technical Bid will be opened and evaluated. The

Technical Bid submitted shall be evaluated in respect of products and

services which have been sought under this Tender.

2) Only those Bids qualifying Technical requirements and General terms and

conditions of this document shall be evaluated for next stage.

3) The Technical Bid should consist of the following:

i) Earnest Money Deposit as specified in this document

ii) Letter of Technical Proposal as per Annexure – 2

iii) Document on Functional and Technical Mandatory Requirements as per

Annexure – 3

iv) Document on Technical Requirements – Deliverable as per Annexure –

4

v) Undertaking and Compliance Certificate as per Annexure – 6

vi) Supporting documents on Airline Reference Details as per Annexure –

7

vii) Non-Disclosure Agreement as per Annexure – 8

viii) Check List of documents as per Annexure - 11

ix) Bidder’s Profile as per Annexure – 12

x) Document on Variance – General Statement (If any) as per Annexure –

13

xi) Statement of Legal Capacity as per Annexure – 14

xii) Documents like Product literature, brochure, specification sheet, etc.

clearly describing various features and technical specifications for each

of items used in the proposed solution for aircraft with schematic

drawings including all its components like Server, Wireless Access

Points (WAPs), Software Application etc.

mailto:[email protected]


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b) Financial Bid

Bidder is required to submit Financial Bid in the format as given in

Annexure - 9 & Annexure - 10 in a separate envelope superscribed with

“Tender No. Tender/ENGG/IFE on Wi-Fi/01 dated 23 April 2019 (Financial

Bid)” for supply of IFE on Wi-Fi.

1) All deliverable prices to be quoted individually against each item in the Bid

format.

2) Rates/charges to be quoted as per Annexure - 10 in the given Financial Bid

format only. No alternate format to be used by Bidder, as the Bid could

be rejected on such a ground.

3) Unconditional discount, if any, should be clearly indicated in the financial bid

format and applied/deducted from the quoted price during evaluation. iv.

Conditional discount, if offered, will not be considered for the evaluation.

Both the envelopes (one for Technical Bid and another for Financial Bid) should be

submitted in another master envelope in sealed condition super scribed

“ Tender/ENGG/IFE on Wi-Fi/01 dated 23 April 2019” for supply of IFE on Wi-Fi.

The master envelope should be submitted strictly on or before 21 May 2019 by 1500

hrs. (IST), at the following address by either courier or hand delivery.

Tenders reaching after above mentioned time and date will not be entertained /

processed for evaluation and shall be summarily rejected.

10. EVALUATION PROCESS AND SELECTION CRITERIA

I) Technical Bids Evaluation

The Technical Bids will be evaluated for their Functional and Technical

requirements of the Tender (Annexure 3 and Annexure 4). Air India

reserves the right at its sole discretion to seek whatever information,

documents, etc. from the Bidder, as it may consider necessary for the

purpose of evaluation of the Technical Bid. Bidders should respond to such

requests within the time frame indicated in the Letter / e-mail seeking

explanation.

All the requirements and specifications mentioned in the Annexure 3,

are mandatory and Bidders not meeting any one of these requirements

would be rejected.

Additionally, Bidders may note that:

a) Bids of the Bidders who do not accept all the terms and conditions of the

Tender will be liable for rejection.

b) Air India reserves the right to ask for product/solution demonstration

from the Bidders during technical evaluation stage.

c) Bidders whose claims/supporting documents filed are found not

complying with the stipulated Tender requirements, could be technically

disqualified at this stage.


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II) Financial Bid Evaluation

a) The Financial Bid of only those Bidders who qualify and shortlisted

after complete technical evaluation of their Technical Bids, would be

opened. The date and time of opening of the Financial Bid would be

intimated in advance by email to the Bidders who have qualified, and

their authorized representatives only would be permitted to participate

in the opening of the Financial Bids.

b) Bidders are required to provide their Financial Bids response

specifically in the sealed Financial Bid only and nowhere else.

c) The Bidder guaranteeing the highest revenue to Air India over the

duration of the contract shall be awarded contract for supply,

installation, management and maintenance of IFE on Wi-Fi systems for

all the Air India aircraft.

11. INTENTIONALLY BLANK

12. FRAUDULENT PRACTICES

Air India requires that Bidders observe the highest standard of ethics during the

bidding process and execution of contracts. In pursuance of this, Air India,

a) Shall reject a Bid for award if it determines that the Bidder recommended for

award has engaged in corrupt or fraudulent practices in competing for the

contract in question.

b) Shall declare a Bidder ineligible and blacklist such Bidder, for a stated period of

time if it at any time determines that the Bidder has engaged in corrupt or

fraudulent practices in competing for, or in executing a contract.

c) Shall rescind the contract forthwith, in case of successful Bidder adopting

fraudulent / corrupt practices during the currency of the contract.

d) EMD shall be forfeited in addition to the above mentioned actions which Air

India shall have.

e) defines, for the purposes of this Tender, the terms set forth below as follows

1) “Corrupt practice” means the offering, giving or soliciting of anything of

value to influence the action of a public official in the procurement

process or in Contract execution;

2) “Fraudulent practice” means a misrepresentation of facts / forging in

order to influence a procurement process or the execution of a contract

to the detriment of the Air India, and includes collusive practice among

Bidders (prior to or after Bid submission) designed to establish Bid

prices at artificial non-competitive levels and to deprive the Air India of

the benefits of free, fair and open competition.


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13. LITIGATION HISTORY

The Bidder should provide accurate information about any litigation or arbitration

resulting from contracts completed or ongoing under its execution in the past since

the time it has been in business of its incorporation. A consistent history of awards

against the Bidder may result in rejection of the Bid. Suppression of any information

or material in this regard would be construed as a fundamental breach and AIL

reserves its right to take appropriate action including cancellation of the Bid,

forfeiting of EMD etc., as may be deemed fit and proper by AIL at any time without

requiring giving any notice to the Bidder in this regard.

14. REPRESENTATIONS AND WARRANTIES TO BE GIVEN BY THE BIDDERS

By submitting its Bid/proposal against this Tender, the Bidders confirm to the

following representations and warranties, which shall remain true and valid

throughout the term of the contract to be entered into between AIL and the selected

Bidder:

a) It is duly incorporated and validly existing under the laws of its incorporation.

b) It has the requisite power, authority and legal right and has taken all actions

necessary on its part, to validate, execute and deliver under this Tender and the

contract and the performance of the obligations thereunder.

c) The contract shall constitute a legal valid and binding obligation against it, and

is enforceable against it in accordance with the terms herein.

d) The execution, delivery and performance of the Bidder under this Tender and

the contract shall not conflict with, result in the breach of, or constitute a default

under any law, rule, regulation, authorisation 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.

e) Upon award of the contract, it shall employ personnel who are qualified and

competent to render the Services as mentioned herein. The payment of

salaries, wages, provident fund, gratuity etc., to its personnel, shall solely be the

responsibility of the successful Bidder. It is hereby clarified that, the personnel

of the successful Bidder shall not be deemed to be employees of Air India.

f) It shall compensate Air India for any damage or loss or caused to the

premises/equipment/property of Air India or any third party on account of

negligent act/ performance on the part of its personnel.

g) It shall perform all its obligations under the contract with due care and diligence

and in a skilful and business-like manner.

h) It shall comply with all such directions issued by Air India from time to time.

i) 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


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authority empowered by applicable law which may result in any material

adverse effect or its ability to perform its obligations under this Tender and the

contract.

j) 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 this Tender and the contract.

k) 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 contract or which individually or in the aggregate may

result in any material impairment or its ability to perform its obligations

hereunder and under the contract.

l) 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.

m) It is not in breach of any agreement with any person who has provided loans,

deposits, advances, guarantees or other financial facilities to it.

n) 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 now pending or matter under dispute with any taxing authority in respect

of any tax of the Bidder.

o) 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.

p) It shall obtain the necessary permissions and licenses from the concerned

authorities for the purposes of the contract. Further, to keep the said

permissions and licenses valid and subsisting at all times during the term of the

contract. 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 Air India against all losses, costs, or damages that may be suffered

by Air India as a result of such omission or failure.


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ANNEXURE - 1

GENERAL TERMS AND CONDITIONS

1 GENERAL TERMS

a. Air India’s Right to Accept or Reject Any or All Bids

Air India reserves the right to accept or reject any Bid and annul the bidding

process or even reject all Bids at any time prior to award of contract, without

thereby incurring any liability to the affected Bidder or Bidders or without any

obligation to inform the affected Bidder or Bidders about the ground for the

Airline’s action. Air India reserves the right to accept or reject any technical

proposal by the Bidder.

b. Liabilities of Air India

This Tender is not an offer by Air India, but an invitation for Bids. No contractual

obligation on behalf of AIL, whatsoever, shall arise from the Tender process

unless and until a formal contract is signed and executed by duly authorized

officers of Air India and the Bidder. However, until a formal contract is prepared

and executed, this offer together with airline’s written acceptance and notification

of award shall constitute a binding contract with the Bidder.

c. Amendment of Bidding Document

At any time prior to one week of the closing date for receipt of the Bid, Air India

may, for any reason, whether at its own initiative or in response to a clarification

requested by any of the prospective Bidder, modify the Tender document by an

amendment.

The amendment will be notified by email to all bidders. In order to afford

prospective Bidders reasonable time to take the amendments into account in

preparing their Bids, Air India may, at its discretion, extend the target date for the

submission of the Bid and the same will be notified.

d. Contents of Bidding Document

The Bidder is expected to go through all the instructions, terms, forms and

specifications of the Tender document. Failure to furnish all information required

by the Tender document or submission of Bid not substantially responsive to the

Tender document in every respect will be at Bidder’s risk and may result in the

rejection of the Bid.

e. Language of Bids

The Bids prepared by the Bidder and all correspondence and documents

relating to the Bids exchanged by the Bidder and Air India, must be written in

English.

f. Validity of Bids

Bids shall remain valid for 120 (one hundred twenty) days from date of

submission mentioned in this document. A Bid valid for shorter period will be


Page 20 of 56

rejected by Air India. The Bidders may be required to give consent for the

extension of the period of validity of the Bid beyond initial 120 (one hundred

twenty) days, if so desired by Air India in writing or by email. Refusal to grant

such consent would result in rejection of Bid without forfeiture of the EMD.

However any extension of validity of Bids will not entitle the Bidder to

revise/modify the Bid for higher amount or any unfavorable terms for Air India.

g. Revealing of Prices

The rates and/or prices in any form or for any reasons should not be disclosed in

the technical or other parts of the Bid except in the Financial Bid. Otherwise it

will lead to the Bid being rejected.

h. Local conditions

The Bidder must acquaint himself with the local conditions and factors which

may have any effect on the performance of the contract and / or the cost. No

exceptions will be acceptable on any account for variation in these conditions.

i. Sealing and Marking of Bids

The Bidder shall stamp and sign on each page of all the Bid documents.

Noncompliance may lead to such Bids being rejected.

j. Last date of receipt of Bids

Bids must be received by Air India at the address specified not later than the

time and date specified there in. Air India may at its discretion extend the Bid

submission date. The modified target date & time will be notified on the web site

of Air India.

k. Late Submission of Bids

Any Bid received by Air India after the notified closing date and time will be

rejected and / or returned unopened to the Bidder.

l. Modification and Withdrawal

The Bid shall contain no alterations or over writing except as necessary to

correct errors made by the Bidder, in which case such corrections shall be duly

confirmed under signature/initials of the person(s) signing the Bid, failing which

the Tender is liable to be rejected. Bids once submitted will be treated as final

and no further correspondence will be entertained on this. No Bidder shall be

allowed to withdraw the Bid after opening of the Technical Bid. In case of the

successful Bidder, he will not be allowed to withdraw/back out from the Bid

commitments. The Bid earnest money in such eventuality shall be forfeited and

all interests/claims of such Bidder shall be deemed as foreclosed.

m. Bid Currency

Prices shall be expressed in USD or Indian National Rupees (INR) only. State

Bank of India (SBI) TT Selling rate prevalent as on the day of opening of the

Financial Bids.It will be used for conversion from the quoted currency to INR for

the purposes of evaluation

n. Preliminary Examination

The Bids will be examined by Air India to determine whether they are complete

and in order. A Bid determined as not substantially responsive will be rejected.


Page 21 of 56

o. Contacting Air India, lobbying or putting outside influence

Any effort on the part of the Bidder to influence Bid evaluation process or award

of contract decision may result in the rejection of the Bid. No broker or agent

would be allowed in the transaction.

p. Cost of Bid

The Bidder will bear all cost(s) but not limited to preparation and submission of

Bid, attendance at meeting including cost of presentation(s) etc. Air India will not

be responsible or liable for these costs, regardless of the conduct or outcome of

the bidding process.

q. Cost incurred up to commissioning of IFE on Wi-Fi on first aircraft In case

of failure of commissioning on the first aircraft, Air India will not make any

payment towards cost incurred and the contract will be treated as terminated

without any obligations for Air India.

r. Clarifications by Air India

If deemed necessary, Air India may seek clarifications on any aspect from the

Bidder. However that would not entitle the Bidder to change or cause any

change in the substance of the Bid already submitted or the price quoted. The

Bidder may also be asked to give presentation for the purpose of clarification of

the Bid. All expenses for this purpose, as also for the preparation of the

documents and other meetings/presentations, will be borne by the Bidders.

s. Other Terms

i) The Bids should be neatly presented.

ii) It shall be deemed that by submitting the Bid, the Bidder agrees and releases

Air India, its employees, irrevocably, unconditionally, fully and finally from any

and all liability for claims, losses, damages, costs, expenses or liabilities in

any way related to or arising from the exercise of any rights and / or

performance of any obligations hereunder and / or in connection with the

bidding process, to the fullest extent permitted by applicable law, and waives

any and all rights and / or claims it may have in this respect, whether actual or

contingent, whether present or in future.

iii) Air India shall not be liable for any omission, mistake or error in respect of any

of the above or on account of any matter or thing arising out of or concerning

or relating to the Tender or the bidding process, including any error or mistake

therein or in any information or data given by Air India.

iv) Any information contained in the Bid submitted by the Bidders shall not in any

way be construed as binding on Air India, its agents, successors or assigns,

but shall be binding against the Bidder(s) if any project is subsequently

awarded to it under the bidding process on the basis of such information.

v) Air India reserves the right not to proceed with the Tender process at any time

without notice or liability and to reject any or all Tender without assigning any

reasons whatsoever.

vi) All documents and other information submitted by any Bidder to Air India shall

remain or become the property of Air India. However, unopened Financial

Bid(s) may be returned to unsuccessful Bidder(s) during technical evaluation

within a month of opening of Financial Bid.

vii) Air India shall not entertain any correspondence with any Bidder in relation

to the acceptance or rejection of any Tender.


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2 EARNEST MONEY DEPOSIT

The Bidders are required to submit an earnest money deposit (EMD) of USD 3000/- (USD Three Thousand only) or INR 200,000 (Two Lakhs only) by way of Wire Transfer / Demand Draft / Bankers Cheque in favor of Air India Limited along with the Technical Bid, before last date and time of Bid submission. No other mode of payment is acceptable. MSME / START UP cos are exempted as per GOI policy

Address/Bank details for wire transfer: BENEFICIARY NAME : AIR INDIA LTD USD ACCOUNT NO. : 11040057 NAME OF THE BANK : CITIBANK LONDON SWIFT CODE : CITIGB2L IBAN BANK CODE : GB98CITI18500811040057 ADDRESS : CITI GROUP CENTRE, CANARY WHARF, LONDON,E 14,

5LB

This EMD amount Wire Transfer details / Draft / Banker’s Cheque should be kept in the

envelope containing Technical Bid. Any Bid not accompanied with requisite EMD will be

rejected.

EMD shall be forfeited as pre-estimated damages without prejudice to any other right or

remedy that may be available to Air India under the Tender or the Contract or otherwise,

under any of the following circumstances:

a. If any Bidder withdraws its Bid after opening of the Technical Bid but before the

award of Contract;

b. In case the successful Bidder fails to sign the contract within the specified time

limit;

c. In case the successful Bidder, having signed the contract and prior to depositing

the Security Deposit/Performance Bank Guarantee, commits any breach thereof;

d. In case the Bidder is in default under Clause 12 – Fraudulent Practices of the

Tender; and

e. Fails to deposit the Security Deposit/Performance Bank Guarantee.

EMD in case of unsuccessful Bidder will be returned without any interest within 60 (sixty)

days of the completion of Tender process i.e. after the award of Contract and its

acceptance thereof by the successful Bidder. EMD refund shall be in the form of an

account payee cheque/bank transfer in favor of the unsuccessful Bidders. The Bidder

may by specific instructions in writing to Air India give the name and address of the

person in whose favor the said cheque /bank transfer shall be drawn by Air India for

refund, failing which it shall be drawn in the name of the unsuccessful Bidder and shall

be mailed to the address given in the Technical Bid.

The EMD, in case of successful Bidder, will be returned without any interest within 60

(sixty) days upon commencement of awarded assignment subsequent to the contract

signing and upon submission of the Security Deposit/Performance Bank Guarantee.


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3 DISCUSSION WITH HIGHEST BID ( H1) BEFORE RELEASE OF CONTRACT

The Bidders are advised to submit their best quotes in response to this Tender. The

Bidder assuring the HIGHEST minimum revenue over the duration of contract

evaluated financial Bidder may be called, if required, for discussions on the

proposed methodology for carrying out the assignment as per the scope of work,

etc. The award of the work will be at the sole discretion of Air India.

4 DOCUMENTATION

All relevant documents (whether required under the Tender or sought for by Air

India at a later stage) will be submitted by the Bidders at their own cost. Air India

reserves the right to verify all statements, information and documents submitted by

the Bidders in response to the Tender and the applicant shall, when so required by

Air India, make available all such information, evidence and documents as may be

necessary for such verification. Any such verification or lack of such verification by

Air India shall not relieve the Bidder of its obligations or liabilities hereunder nor will

it affect any rights of Air India hereunder.

5 REJECTION OF BIDS (TECHNICAL BID & FINANCIAL BID)

The response to the Technical Bid & Financial Bid will be rejected forthwith without

evaluation of the Tender response on the following grounds:

a. If the Technical Bid or the Financial Bid has been received after due date

and time of closing of the Tender.

b. If only the Technical Bid has been received and Financial Bid has not been

received, and vice versa. If the Technical Bid or the Financial Bid has been

received by fax or email.

c. If the Technical Bid has been received without relevant data.

d. If the Technical Bid or the Financial Bid has been received unsigned.

e. If the Financial Bid has been received in an open condition in the master

envelope containing the Technical Bid or if both the Technical Bid &

Financial Bid are received in the same envelope and/or in an open

condition.

f. If the Technical Bid has been received without EMD, or the EMD has been

submitted in a mode other than specified in the Tender, or a valid proof of

exemption from submission of EMD has not been provided.

g. The validity of Bids is lesser than 120 (one hundred twenty) days.

h. Such other grounds noted at the discretion of Air India not meeting Tender

requirements.

6 INSPECTION CLAUSE

Air India reserves the right to inspect the facility of the selected Bidder to assess to

technical feasibility of the retrofit solution offered before shipment to India. This

inspection will be on Bidder’s cost.

7 LIQUIDATED DAMAGES FOR DELAY / DEFICIENCY / NON-PERFORMANCE

a) There would be damages applicable under the contract with the successful

Bidder. These damages would be for delays attributable to delay in supply of

deliverables in the form of liquidated damages @ 0.5% (zero point five percent)


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/ week of the delay of particular aircraft retrofit shipset subject to a maximum of

10% (ten percent) of the relevant deliverable value as per contract.

b) Service Level Damages

Damages would also be applicable for deficiencies / Non performance

attributable to successful Bidder post award subject to overall maximum of 10%

(ten percent) of the invoice value of relevant period. Details are given in

Liquidated Damages/Penalties Clause – 17.

8 CONFIDENTIALITY / NON DISCLOSURE AGREEMENT (NDA)

The selected Bidder (and his employees) shall not, unless Air India gives

permission in writing, disclose any part or whole of any document, of the proposal

and/or contract, or any specification, plan, drawing, pattern, sample or information

furnished by the airline, in connection therewith to any person other than a person

employed by the Bidder in the performance of the proposal and/or contract. The

employees or the parties engaged by the Bidder in performance of this contract will

maintain strict confidentiality for all data/information which came into their

possession during the course of such performance. In case of breach, Air India

may take legal action as deemed fit.

9 SECURITY DEPOSIT / PERFORMANCE BANK GUARANTEE

a) The successful Bidder shall deposit with Air India a sum equal to 5%

(five percent) of the total revenue assured by the vendor is required to be

submitted at the beginning of the contract for the duration of the contract plus

one year OR furnish to Air India an irrevocable and unconditional

performance bank guarantee (in the manner and for acceptable to Air

India) of an equivalent amount (“Performance Bank Guarantee”) no later

than 60 (sixty) days from award of the contract.

b) The successful Bidder shall submit the Security Deposit/Performance Bank

Guarantee within 2 weeks of LOI / award of contract. Till the time that the

Security Deposit/Performance Bank Guarantee is submitted, the EMD shall

remain in force. The Security Deposit shall be deposited by way of a bank draft

or banker’s cheque in favor of Air India Limited, payable at New Delhi. In case

of submission of Performance Bank Guarantee, it may please be noted that the

original bank guarantee to be confirmed by a scheduled bank of an Indian bank

in India has to be forwarded by the Bank directly to AIR INDIA LIMITED through

registered AD as per the detailed procedure, which will be advised to the

successful Bidder.

c) The expenses incurred towards submission of Security Deposit / Performance

Bank Guarantee will have to be solely borne by the Bidder. The Performance

Bank guarantee will be valid for 60 ( Sixty) months with a claim period of 1 (one)

year from the date of contract and retained by Air India and may need to be

extended by the successful Bidder for further period as required by Air India

upon any renewal.

d) It is clarified that the Performance Bank Guarantee shall be the standalone

document to the contract.

e) The Security Deposit / Performance Bank guarantee shall be

returned/discharged by Air India within 90 (Ninety) days of expiry of the

aforementioned period after adjusting for penalties, if any, arising out of

performance under the contract.


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f) Notwithstanding anything mentioned to the contrary in this Tender or the

contract, Air India will en-cash/ invoke the Security Deposit or the Performance

Bank Guarantee, as the case may be, if the successful Bidder fails to comply

with the SLA, Uptime requirements and/or other terms and conditions as

specified in the Tender or the contract, as the case may be.

g) In such an event, the successful Bidder shall be obligated to ensure that the

Security Deposit / Performance Bank Guarantee is restored to its original value

within seven (7) working days from such encashment / invocation failing which

the same shall be deemed as event of default by the successful Bidder and

entitle Air India to take appropriate remedial action against the selected Bidder,

including termination of the contract.

h) Failure of the successful Bidder to comply with the requirement as per the

Tender terms and conditions shall constitute sufficient grounds for the

annulment of the award and forfeiture of EMD.

10 CONTRACT / PURCHASE ORDER

a) After completion of the Financial Bid Evaluation, Air India will enter into

Contract / Purchase Order (PO) with the successful Bidder for the

implementation of IFE on Wi-Fi project.

b) Pending execution of detailed contract, Air India may issue letter of intent

(LOI) to selected Bidder on terms and conditions as specified therein, in which

case, such letter read with Tender terms and conditions and Bidder’s response

thereto will be the governing documents.

c) The letter of acceptance of PO and such other terms and conditions as may

be determined by Air India to be necessary for the due performance of the

work in accordance with the Bid and the acceptance thereof including required

changes in the work-scope, as required by Air India.

d) Air India reserves the right to stipulate, at the time of finalization of the

contract, any other document(s) to be enclosed as part of the final contract.

11 SUBCONTRACTING OR ASSIGNMENT

Sub-contracting or assignment will be permitted. However,

responsibility/accountability will remain with the selected bidder for complying with

all the tender requirements at all the times during the contract. In the case of its

reconstitution of the firm, Air India, at its discretion may allow the changed entity to

continue to perform on same terms and conditions. Otherwise, such change would

be sufficient grounds for termination action under this TENDER for Air India.

12 INTELLECTUAL PROPERTY RIGHTS

The selected Bidder shall grant to Air India a fully paid-up, irrevocable, non-

exclusive license throughout the territory of India and abroad to access, replicate

and use software (and other software items) provided by the selected Bidder in

respect of the implementation of IFE on Wi-Fi Solution, including-all inventions,

designs and marks embodied therein in perpetuity.

a. The selected Bidder shall, at their own expense, defend and indemnify Air

India against all third party claims or infringement of intellectual property right,

including patent, trademark, copyright, trade secret or industrial design rights


Page 26 of 56

arising from use / implementation of IFE on Wi-Fi system Solution or any part

thereof in India and/or abroad.

b. The selected Bidder shall expeditiously extinguish any such claims and shall

have full rights to defend itself there from. If Air India is required to pay

compensation to a third party resulting from such claims, infringement, etc. the

selected Bidder shall be fully responsible therefor and indemnify Air India in

that regard including all costs, expenses and legal fees.

c. Air India will give notice to the selected Bidder of any such claim without delay,

provide reasonable assistance to the selected Bidder in disposing of the claim,

and shall at no time admit to any liability for or express any intent to settle the

claim.

d. The Bidder warrants that in the course of providing IFE on Wi-Fi system

Solution, they shall not infringe upon any third party patent, copyright, design,

trademark, or any other intellectual property rights for system software and

application software. The Bidder shall indemnify and at all times keep Air India

fully indemnified and hold harmless against any and all loss, damages, costs

and expenses including Attorney's fees, which may be incurred as a result of

any claim or action associated with such infringement, provided however, Air

India agrees to give prompt notice to the Bidder of any such claim or action,

gives complete authority and freedom to the Bidder in defending and/or settling

such claim and gives all reasonable assistance to the Bidder in doing so. The

remedy available to Air India under this clause will survive termination of the

purchase order such that in the event of violation of intellectual property right

claim by any third party after the expiry of the contract between Air India and

the selected Bidder, the indemnity clause stated above will be valid and

survive after the expiry of the contract period.

13 INDEMNITY

The Bidder, in the event of being selected under this Tender, assumes

responsibility for and shall indemnify and keep Air India harmless from all liabilities,

claims, costs, expenses, taxes and assessments including penalties, punitive

damages, attorney's fees and court costs which are or may be required to be paid

by reasons of any breach of the Bidder's obligation under these general conditions

or for which the Bidder has assumed responsibilities under the purchase contract

including those imposed under any contract, local or national law or laws, or in

respect to all salaries, wages or other compensation to all persons employed by the

Bidder or Bidders in connection with the performance of any system covered by the

contract. The Bidder shall execute, deliver such other further instruments to comply

with all the requirements of such laws and regulations as may be necessary there

under to conform and effectuate the contract and to protect Air India during the

tenure.

In the event of any third party raising claim or bringing action against Air India

including but not limited to action for injunction in connection with any rights

consequential to performance or non-performance of the assigned tasks by the

selected Bidder or its employees, the Bidder agrees and undertakes to defend and /

or to assist Air India in defending at the Bidder's cost against such third party's

claim and / or actions and against any law suits of any kind initiated against Air

India.

14 RESPONSIBILITY FOR COMPLETENESS

Any services which might not have been specifically mentioned in this Tender but

are necessary for the design, engineering, operationa3333lizing, performance or

completeness of the IFE on Wi-Fi Solution, shall be provided/ rendered by the


Page 27 of 56

selected Bidder free of cost as per the time schedule for efficient and smooth

operation of the solution offered.

15 SERVICE LEVEL AGREEMENT (SLA)

Air India expects that the selected Bidder adhere to the Service Levels described in

this section.

SLA Categories

The SLAs expected for the project can be broadly divided into the following

categories:

a) Solution Implementation

b) Pax Login Success rate

c) Service uptime

.

All these categories shall be measured for quality, completeness and timeliness as

applicable. The selected Bidder must ensure that tools / solutions required for

automated monitoring and reporting of the service metrics are provisioned as part of

the solution offering through MIS.

Solution Implementation

The solution must be implemented and rolled out within the timeframe mentioned in

the Deliverables and Timelines section of this Tender or earlier if proposed by the

selected Bidder in the response and agreed by Air India.

Pax Login Success Rate

a) Number of passengers who could not log in due to software failure /

incompatibility of the PEDs with onboard software is considered for

calculating the Pax Login success rate. Air India shall be entitled to levy

penalties as described in Clause - 17.2, Liquidated Damages for Pax

Login Success Rate

b) All such cases must be analyzed and addressed within 15 (fifteen) days of

intimation. Air India shall be entitled to levy penalties of 0.5% (zero point five

percent) per week of the contracted amount of an aircraft attributable to the

selected Bidder. If the time limit is exceeded.

Service Uptime

Service uptime will be monitored on monthly basis, as defined in section 17.2 and

non-adherence / non-compliance shall be notified. Post notification and

determination, these penalties as per applicable Clause 17.3, Liquidated

Damages for Service Uptime will be adjusted / set off from pending invoice /

claims.

SLA Review Process

This section outlines the service metric/ levels that the solution offered must meet.

Any other metric/requirement required that is prevalent in industry must be

proposed by the selected Bidder as part of solution offering.


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The selected Bidder will disclose to Air India, whenever sought, all contracts /

subcontracts entered into for this Tender. Air India reserves the right to call regular

meetings during the tenure of the contract.

16 LIQUIDATED DAMAGES / PENALTIES:

16.1 Liquidated Damages / Penalty for Solution Implementation

a) The selected Bidder is expected to complete the responsibilities on-time

that have been assigned.

b) Any new functionality required by Air India will be implemented by the

selected Bidder at the earliest. Implementation timeframe will be decided

prior to start of development work. If the implementation is delayed beyond

agreed timeframe, Liquidated Damages may be charged.

c) The above Liquidated Damages amount can be recovered by the Air India

by forfeiting / invoking the outstanding payment and / or Security

Deposit/Performance Bank Guarantee.

16.2 Liquidated Damages/ Penalities for Pax Login Success Rate The

selected Bidder must provide statistical data in the form of monthly reports of

number of login attempts per flight on monthly basis for all aircraft.

Pax login success Rate / Month =

(Total Number of pax logins – Total number of failed attempts ) X 100

Total Number of pax logins

The Bidder would have to provide an uptime of 98% (ninety eight percent)

per flight for all aircraft for the duration of 36 ( Thirty sixty) months to prove

that the offered solution of IFE on Wi Fi is up and running with all the

software applications and functionality as desired by Air India. System.

Uptime less than 98% (ninety eight percent) would attract Liquidated

Damages/Penalities as under :

Monthly Passenger login rate Penalty success

>98% Nil

97% to 98% 2.5 % of assured monthly revenue or

minimum of Rs 2/- lakhs whichever is

higher.



higher



higher

< 95% 10.0 % of assured monthly revenue or


higher


Page 29 of 56

16.3 Liquidated Damages for Service Uptime

The selected Bidder shall guarantee an uptime of 98% (ninety eight

percent) IFE on Wi-Fi for which monthly reports to be provided as per

agreed format. Service Uptime shall be calculated by Bidder reporting

system and monitored on monthly basis.

Service Uptime = (Total No of Flights - Total No of Average Failure) X 100

Total No of Flights

Uptime less than 98% (ninety eight percent) would attract Liquidated

Damages as follows:

Monthly Service Uptime Liquidated Damages

>98% Nil



higher.



higher



higher

< 95% 10.0 % of assured monthly revenue or


higher

17 PROBLEM MANAGEMENT & ESCALATION

Air India will require the selected Bidder to provide reports on “Downtime” and a log

of all issues that has been raised and Closed/ Pending Closure by the selected

Bidder. The frequency of the report would be Daily, Weekly, Monthly, Quarterly and

Yearly.

The selected Bidder will provide an application for logging issues. It should have an

audit trail and updating functionalities and preferably have a role based access for

the users. Air India should be able to retrieve the details of any issue logged and

get the complete history of the issue including the enterer, date of entry, date and

details of the solution, re-opened date with remarks, etc. Escalation matrix will be

finalized with the selected Bidder at the time of award of contract.

18 EXIT / TERMINATION OF CONTRACT

a. Air India shall have the right to terminate/cancel the contract with the

selected Bidder at any time without assigning any reason whatsoever by

giving prior written notice of 1 (one) month to the selected Bidder.


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b. Without prejudice to any other right or remedy that may be available to Air

India in the TENDER, contract or under law, AIL may terminate the

Contract within 15 (fifteen) days under any of the following circumstances:

1. Non submission of acceptance of order by the selected Bidder within

7 (seven) days of placing the order by Air India;

2. Excessive delay by the selected Bidder in execution of order placed

by Air India.

3. Discrepancies / deviations by the selected Bidder in the agreed

processes (as mentioned under “Deliverables and Timelines”) and/or

products for implementation of IFE on Wi-Fi system Solution;

4. Breach / violation of terms & conditions by the selected Bidder as

stipulated in this TENDER and/or contract; or

5. Failure / unsatisfactory progress / frequent delays by the selected

Bidder in completion / implementation of IFE on Wi-Fi system

Solution project within stipulated time.

c. In the event of unsatisfactory performance, or breach of any of the clauses

of the contract by the selected Bidder, Air India would issue a notice of 30

(thirty) days to the selected Bidder to rectify the breach and improve the

performance failing which Air India shall be at the liberty to terminate the

contract. The selected Bidder shall not have any right to dispute or question

the judgment of Air India of unsatisfactory performance of or breach by the

selected Bidder.

d. The right of Air India to terminate the contract is additional to the right to

claim Liquidated Damages, invoke EMD, Security Deposit/Performance

Guarantee, claim damages, etc.

19 BLACK LISTING OF BIDDER

If at any time during the bidding process and/or prior to or after the award of PO /

contract it comes to the knowledge of Air India that the Bidder has been black listed

at any time by any Government / Government agency / Financial

Institutions in India in the past, Air India will be entitled to take all or any of the

following actions –

a. During the bidding process, Air India will be entitled to forfeit the EMD;

and/or

b. Upon award of the contract to the successful Bidder, Air India will be

entitled to en-cash/invoke the Security Deposit/Performance Bank

Guarantee submitted by the Bidder; and/or

c. Terminate the contract.

20 FORCE MAJEURE

Any failure or delay by the Bidder or Air India in performance of its obligations, to

the extent due to any failure or delay caused by fire, flood, earthquake or other

natural calamities, or acts of God, war, terrorism, riots, civil disorders, rebellions or

revolutions, acts of governmental authorities or other events beyond the reasonable

control of non-performing party (“Force Majeure), will not be considered as a default

or a ground for termination of contract; provided that the affected Party has notified

the other party within 15 (fifteen) days of the occurrence of a Force Majeure event.


Page 31 of 56

21 GOVERNING LAWS AND DISPUTES

(This clause will be applicable in case of successful Bidder only)

a) Any dispute arising between the parties in respect of the construction,

interpretation, application, meaning, scope, operation or effect of this

TENDER and/or the contract or the validity or breach thereof, shall first be

settled by mutual consultation.

b) If the dispute remains unresolved after a period of 90 (ninety) days from the

date when the mutual consultation has started, the matter shall be referred

for settlement to "SCOPE FORUM OF CONCILIATION AND

ARBITRATION", Government of India and the award made in pursuance

thereof shall be binding on the parties.

c) Any dispute whatsoever shall be subject to the exclusive jurisdiction of

Delhi (India) Courts.

d) During the arbitration proceedings, the Bidder shall continue to work under

the Contract unless otherwise directed in writing by Air India or unless the

matter is such that the work cannot possibly be continued until the decision

of the arbitrator is obtained. The venue of the arbitration shall be Delhi.

22 BENEFIT TO MICRO AND SMALL ENTERPRISES (MSEs)

22.1 As per Public Procurement Policy for Micro and Small Enterprises

(MSEs) Order, 2012 issued vide Gazette Notification No. 503 dated

23.03.2012 by Ministry of Micro, Small and Medium Enterprise of Govt.

of India, MSEs must be registered with any of the following in order to

avail the benefits/preference available vide Public Procurement Policy

MSEs Order, 2012.

i) District Industries Centres (DIC) ii) Khadi and Village Industries Commission (KVIC) iii) Khadi and Village Industries Board

iv) Coir Board

v) National Small Industries Corporation (NSIC) vi) Directorate of Handicraft and Handloom vii) Any other body specified by Ministry of MSME

22.2 MSEs participating in the RFQ must submit the certificate of registration

with any one of the above agencies indicating the details of the

particular RFQ item along with their bid.

22.3 The MSEs registered with District Industries Centres must submit the

“Acknowledgement of Entrepreneur Memorandum (EM) Part-II‟ along

with their bid. The MSEs registered with National Small Industries

Corporation (NSIC) must submit the valid NSIC registration certificate

along with their bid.


Page 32 of 56

22.4 The Micro and Small Enterprises not registered for the particular

trade/item for which the RFQ is relevant, would not be eligible for

exemption/preference.

22.5 The registration certificate issued from any one of the above agencies

must be valid as on close date of the RFQ. The successful bidder

should ensure that the same is valid till the end of the contract period.

22.6 The MSEs, who have applied for registration or renewal of registration

with any of the above agencies/bodies, but have not obtained the valid

certificate as on close date of the RFQ, are not eligible for

exemption/preference.

22.7 Exemption from submission of Earnest Money Deposit (EMD) - The

MSEs registered with above mentioned agencies/bodies are exempted

from payment of Earnest Money Deposit (EMD).

22.8 24.8 Price Preference – The MSEs registered with above mentioned

agencies/bodies for the RFQ item and quoting price within a price

band of H1-15 % shall be allowed to supply a portion of requirement

by bringing up their price to H1 price in a situation where H1 price is

from other than a MSE and such MSE shall be allowed to supply upto

20% of total RFQ quantity.

In case of more than one such MSEs are in the price band of H1-15%

and match the H1 price, the supply shall be shared proportionately (to

RFQ quantity).

22.9 Preference for MSEs owned by Scheduled Castes or Scheduled Tribes

– 5% of the tender quantity will be reserved for MSEs owned by

SC/STs. In the event of failure of such MSEs to participate in RFQ

process or meet the RFQ requirements and H1price, 5% quantity for

MSEs owned by SC/ST entrepreneurs shall be met from other MSEs.

23 MAKE IN INDIA

i. In line with the preference to ‘Make in India’ policy of GOI, purchase preference shall be given to local/domestic bidder in all procurement of Goods & Services in the manner specified below. The minimum local content shall be 50% for the local manufacturers to be eligible for purchase preference under “Make in India” programme. ii. Among all qualified bids the highest bid will be termed as H1. If H1 is from a local/domestic bidder and happens to be a MSME Unit, then the contract for full quantity will be awarded to H1 bidder. iii. However, if the H1 is a local/domestic bidder, who is not an MSME unit and if there is an MSME unit/s quoting within the price band of H1 - 15% then 75% of the tendered


Page 33 of 56

quantity will be awarded to the H1 local/domestic bidder and the balance 25% will be awarded to the MSME unit/s in accordance with preference policy for MSME units i.e. if there are more than one MSME within the H1 - 15% price band then the distribution will be done equally among them from the 25% quantity. iv. If the H1 bid from a Nonlocal/domestic bidder, then 50% of the order quantity shall be awarded to H1 bidder. Thereafter, the lowest among the local/domestic bidder will be invited to match the H1 price for the remaining 50% quantity, subject to the local/domestic bidder’s quoted price falling within the margin of preference of 20%. If the local/domestic bidder happens to be MSME unit and agrees to match the H1 price then, the balance 50% of the tendered quantity shall be awarded to such local/domestic bidder matching the H1 price. In case such lowest eligible local/domestic bidder fails to match the H1 price or accepts less than the offered quantity, the next higher local/domestic bidder within the 20% margin of purchase preference shall be invited to match the H1 price for remaining quantity and so on and so forth. The contract shall be awarded accordingly. In case some quantity is still left uncovered on local/domestic bidder then such balance quantity may also be ordered on the original H1 bidder. v. If the H1 is from a Non local/domestic bidder and the H2 is from the local/domestic bidder who is not a MSME unit (but is within 20 % margin of purchase preference) and agrees to match the H1 price but However, there is a MSME unit within the H1 - 15% price band then the local/domestic L2 bidder will be eligible for award of 25% of the tender quantity and the MSME will be eligible for 25% of the tendered quantity, provided they agree to match the H1 price. If there are more than one MSMEs within the H1 - 15% price band then the distribution will be done equally among them from the 25% quantity. In case such lowest eligible local/domestic bidder fails to match the H1 price or accepts less than the offered quantity, the next higher local/domestic bidder within the 20% margin of purchase preference shall be invited to match the H1 price for the remaining quantity and so on and so forth. The contract shall be awarded accordingly. In case some quantity is still left uncovered on local/domestic bidders then such balance quantity may also be ordered on the original H1 bidder. NOTE: In case local/domestic bidder are available within the purchase preference margin of 20% and they are willing to match the H1 price of the non-local/domestic bidder, then the percentage of business to be awarded to the non-local/domestic bidder will not exceed 50%, irrespective of the ratio declared in the tender document.

24 BENEFITS TO START-UP COMPANIES

1. Start-up companies (whether MSME or Non-MSME) will be exempted upto 50 %

of the criteria for prior experience and criteria of turnover.

2. However, the certificate of being a Start-up company issued by the relevant ministry should be submitted in the technical bid for availing this exemption.


Page 34 of 56

3. Please note that the bidder should have a valid 'Certificate of Recognition' as on close date of the tender. Bidders who have applied for or if their certificate is under process will not be eligible for this exemption.


Page 35 of 56

ANNEXURE - 2

Letter of Technical Proposal (On Bidder’s Letter Head)

Ref. No. ………………………… Date:………………………

To,

Sub: Tender for IFE on Wi-Fi under “TENDER/ ENGG/ IFE on Wi-Fi/01

dated 23 April 2019”

Dear Sir,

With reference to your “TENDER/ENGG/IFE on Wi-Fi/01 dated 23 April 2019” we, having

examined all relevant documents and understood their contents, hereby submit our

Technical Proposal for “Supply, Installation and Commissioning of Streaming In-flight

Entertainment System through Wi-Fi on Air India Fleet”.

We are submitting our Technical Proposal in the format prescribed in the Tender.

1. The Technical Proposal is unconditional and unqualified.

2. All information provided in the Technical Proposal and in the attached

documents is true and correct.

3. We shall make available to Air India any additional information it may deem

necessary or require for supplementing or authenticating the Technical Proposal.

4. We acknowledge the right of Air India to reject our application without assigning

any reason or otherwise and hereby waive our right to challenge the same on

any account whatsoever.

5. We certify that in the last 2 (two) years, we have neither failed to perform on any

contract, as evidenced by imposition of a penalty by an arbitral or judicial

authority or a judicial pronouncement or arbitration award against the Bidder

Applicant, nor been expelled from any project or contract by any public authority

nor have had any contract terminated by any public authority for breach on our

part.

6. We have examined and have no reservations to the Tender documents,

including any addendum issued by Air India.

7. We further certify that no investigation by a regulatory authority is pending either

against us or against our CEO or any of our Directors / Managers / employees.

8. We hereby irrevocably waive any right or remedy which we may have at any

stage at law or howsoever otherwise arising to challenge or question any

decision taken by Air India [and/ or the Government of India] in connection with

the selection of Bidder or in connection with the Selection Process itself in

respect of the above mentioned Tender.


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9. The Bid Security of USD 3000 (USD Three Thousand only) or INR 200,000 (Two

Lakhs only) in the form of a Demand Draft / Wire Transfer / Bankers Cheque is

attached, in accordance with the Tender document

10. We agree and understand that the Technical Proposal is subject to the

provisions of the Tender document. In no case, shall we have any claim or right

of whatsoever nature if the Bid is not awarded to us or our Technical Proposal is

not opened or rejected.

11. We agree to keep this offer valid for 120 (One hundred and twenty) days from

the Proposal Due Date specified in the Tender.

12. The evidence of due authorization of the authorized signatory to sign and submit

this Technical Proposal and documents is attached herewith in the format

mentioned at Annexure - 14

13. We have studied the Tender and all other documents carefully. We understand

that except to the extent as expressly set forth in the Agreement, we shall have

no claim, right or title arising out of any documents or information provided to us

by Air India or in respect of any matter arising out of or concerning or relating to

the Selection Process including the award of Consultancy.

14. We are submitting herewith all the required details as per format specified in

Annexure – 2 to Annexure – 4, Annexure – 6 to Annexure – 8 and Annexure –

11 to Annexure - 14.

15. The Financial Proposal is being submitted in a separate cover. This Technical

Proposal read with the Financial Proposal shall constitute the Proposal which

shall be binding on us.

16. We agree and undertake to abide by all the terms and conditions of the Tender

document. In witness thereof, we submit this Technical Proposal under and in

accordance with the terms of the Tender Document.

We remain,

Yours Sincerely,

1. Signature of authorized signatory [In full]

2. Name and Designation of the authorised signatory

3. Name and seal of the Bidder Applicant

4. Address of the Bidder Applicant


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ANNEXURE - 3

Parameters of Technical Bid – Part – 1

Functional and Technical Mandatory Requirements

(TO BE PROVIDED BY THE BIDDER IN FORMAT GIVEN BELOW)

The following are the Mandatory Functional and Technical requirements for providing IFE

on WI-FI services on Air India aircraft, non-compliance to any of these in Tender Bid

response will lead to Technical Bid disqualification.

Compliance

YES / NO

Bidder to Provide

documents in

support of claim

a) FAA / EASA / DGCA STC or Boeing SB for B777/ B 787 and FAA /

EASA / DGCA STC or Airbus SB for A319/ A320/ A321

Note: If STC is not required, a No Objection Certificate (NOC) or

Approval from Indian DGCA is mandatory for installation of System

on aircraft..

Specify SB or STC or NOC option

b) Tolerance to Passenger Electronic Devices (TPED) certificate for

the B777/ B787 and A319/ A320/ A321 aircraft.

c) The Bidder should commit to obtain NOC or STC from Indian

Regulatory Authority namely DGCA as per CAR SECTION 6 series

A Part II Issue I, and TPED certificate, at their own cost for B777/

B787 and A319/ A320/ A321 aircraft, Air India would provide

facilitating assistance. NOC or STC from DGCA should be

obtained within 3 (three) months of awarding the contract. Retrofit

installation on the first aircraft should be complete in a shortest

possible time preferably within 4 (four) months from the date of

awarding the contract.

d) Air India MRO ( Air India Engg.Services Ltd. - AIESL) will carry out

installation of IFE on Wi-Fi retrofit on first B777/ B787 and A319/

A320/ A321 aircraft under the on-site technical guidance and

supervision from the selected bidder. For the remaining aircraft, on-

site support to AIESL to be provided by the bidder for any service

related issues.

e) For the remaining aircraft, the IFE on Wi-Fi system retrofit kits shall

be delivered to Air India at designated maintenance facility

locations within a total period of 7 (Seven) months of date of award

of the contract.

f) Technical assistance (expert technical resources) for such

installations and commissioning should be available on demand

against Air India requirement in this regard.

g) Adequate quantity of tools for testing/ troubleshooting the

functionality of IFE on Wi-Fi for Air India aircraft at designated

maintenance facility locations to be provided.

h) Public address interface to pause IFE on Wi-Fi system to be

provided.


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Compliance

YES / NO

Bidder to Provide

documents in

support of claim

i) Minimum One Onboard Server with 2 TB SSD / 500 Hours Content

or more storage capacity to be provided. Sufficient number of Dual

band WAPs or equivalent system to cover all Pax on –board with

built in security must be provided.

k) All Hardware equipment should be of the latest technology and

must be scalable, upgradable for Connectivity to future

requirements ( Ka band)

l) Wi Fi system operating on aircraft power preferred over battery

operated system. Specify aircraft power of battery power operated.

m) Various options of content loading must be offered and the suitable

option(s) will be selected – Remote content loading, Incremental

loading through Wi Fi, Portable drive loading etc.

n) IFE on Wi-Fi should provide seamless streaming of IFE content to

cover full passenger load of aircraft.

o) Software Application (APP) provided should be user friendly,

downloadable on-board through Wi-Fi from the on-board server. For

Apple devices, it should be downloadable from App Store.

p) Bidder should provide plugins/Flash players to support all browsers

and their versions e.g. Firefox, Safari, Internet Explorer, Google

Chrome, Opera etc.

q) Provide necessary hardware and logistical support to ensure

serviceability of the system at no cost to Air India

r) Provide the training, specifications, access to portal for encoding and integrating the existing (MPEG2 / MPEG4) encoded IFE content into the proposed Infight Wi-Fi System, these specifications and processes must be shared with Air India’s Content Service Provider to enable Air India to use the same IFE content on the Inflight Wi-Fi Systems.

s) Graphic User Interface (GUI) for the IFE on Wi-Fi Systems will

include Air India and Star Alliance logo.

t) Air India defined PAX GUI application in dual language (Hindi and

English), general features like Pause, Play, Forward, Rewind, Stop,

with default volume etc and Multiple Audio language options for the

video are required. . APP that can provide ‘Reading Light’ and

‘Attendant Call’ Control by interfacing with existing system will be

preferred.

u) Bidder needs to confirm adequate Firewalls / IP Filtering / Rogue

Detection / Secure Guest Access etc to control unauthorized access

into On-board Server.

v) Bidder must have successfully completed similar IFE on Wi-Fi

system retrofit on at-least 2 (two) airline customer of B777/ B787 and

A319/ A320/ A321 family OR demonstrate the capability. A certificate

from the client airlines for the functionality of the IFE on Wi-Fi must

be attached OR demonstrate the capability on one Air India Aircraft

This demo should be given during the technical bid evaluation i.e.

prior to Commercial Bid opening.

w) Provide Training to Cabin crew, Engineer and Instructor for Train the

Trainer program and provide certificate on successful completion of

the training.


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Signature and Stamp of Company

[Authorized Signatory (same as signing the proposal) – Bidder]

Name:

Position:

Date:

1. Bidders are requested to confirm their acceptance of the above terms and conditions

2. Non-compliance to any one of the Mandatory Conditions stipulated above would lead to

disqualification of the Bid.


Page 40 of 56

Annexure 4

Parameters of Technical Bid – Part – 2

DELIVERABLES

(TO BE PROVIDED BY THE BIDDER IN FORMAT GIVEN BELOW)

S.N

o.

Item Name Detailed

specification to

be provided by

Bidder along

with supporting

documents

Qty per

Aircraft /

Details

1. Servers Shall be minimum 2 TB SSD/ 500 Hrs content or more

storage to address high demand in performance and software

storage. Supporting external connectivity and meeting required

bandwidth using multi-port gigabit Ethernet switch.

2. Wi Fi versions/ Other protocols of the system must be latest and

should have backward compatibility to older protocols, supporting

Ethernet. Security features (consisting of firewall, rogue detection,

secure guest access with captive portal), with built in or external

antenna depending on the type of unit.

3. Crew Terminal (If required)

4. Installation kit shall include Racks, Wiring, Brackets and all hardware

as per specification in the drawing.

5. Operational software/ flash player / plugins/ Application software /

GUI as per Air India requirement to cover all PEDs

6. Management Information System reports

7. Training as per Annexure - 3 ,clause no “r“ : Mandatory technical and functional requirement for Content Service Provider

8. Training as per Annexure – 3 ,clause no “w” : Mandatory technical and functional requirement for Air India personnel at Air India designated locations

9. Pictorial proposed solution Architecture with diagram of the offered

Solution with illustrative layout inside the aircraft.

10. Operation Manual / CMM / Maintenance Manual / FIM



Name:

Position:

Date


Page 41 of 56

Annexure – 5

B777/ B787 and A319/ A320/ A321 Aircraft with Seating Configuration and Capacity

Boeing Fleet

Airbus Fleet

1. The actual number of aircraft to be retrofitted could be more or less depending upon the

discretion of Air India management.

SL Aircraft Nos. Seat Configuration Modification

facility

1 B777/ B 787 and A

319/A 320/A 321-

200LR

3 8 First class +

35 Business class +

195 Economy

238 Total Seats

Mumbai / Delhi

2 B777/ B 787 and A

319/A 320/A 321-

300ER

12 4 First class +

35 Business class +

303 Economy .

342 Total Seats

Mumbai / Delhi

3 B777/ B 787 and A

319/A 320/A 321-

300ER

1 4 First class+

35 Business class +

305 Economy class

344 Total Seats

Mumbai / Delhi

4 B787-8 27 18 Business class +

238 Economy class

256 Total Seats

Mumbai / Delhi

SL Aircraft Nos. Seat Configuration Modification

facility

1 A319-112 3 144 All Economy Mumbai / Delhi

19 8 Business Class +

114 Economy Class

122 Total

Mumbai / Delhi

2 A320-214 5 180 All Economy Mumbai / Delhi

4 12 Business Class +

138 Economy Class

150 Total

Mumbai / Delhi

3 A320-251N 27 12 Business Class +

150 Economy Class

162 Total

Mumbai / Delhi

4 A321-211 20 12 Business Class +

170 Economy Class

182 Total

Mumbai / Delhi


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2. In case of any increase / decrease in the number of aircraft, the bidder is required to

maintain the quoted prices & terms and conditions.

3. There is however no minimum guaranteed number of aircraft committed under this

program.

4. Details of aircraft are provided below

Boeing Fleet B-777

Sr no. Registration no. MSN Model

1 VT-ALF 36305 B777-200LR

2 VT-ALG 36306 B777-200LR

3 VT-ALH 36307 B777-200LR

4 VT-ALJ 36308 B777-300ER

5 VT-ALK 36309 B777-300ER

6 VT-ALL 36310 B777-300ER

7 VT-ALM 36311 B777-300ER

8 VT-ALN 36312 B777-300ER

9 VT-ALO 36313 B777-300ER

10 VT-ALP 36314 B777-300ER

11 VT-ALQ 36315 B777-300ER

12 VT-ALR 36316 B777-300ER

13 VT-ALS 36317 B777-300ER

14 VT-ALT 36318 B777-300ER

15 VT-ALU 36319 B777-300ER

16 VT-ALX 36322 B777-300ER

Boieng Fleet B787

Sr No. Registration No. MSN Model

1 VT-ANA 36273 B787-8

2 VT-ANB 36279 B787-8

3 VT-ANC 36274 B787-8

4 VT-AND 36278 B787-8

5 VT-ANE 36280 B787-8

6 VT-ANG 36275 B787-8

7 VT-ANH 36276 B787-8

8 VT-ANI 36277 B787-8

9 VT-ANJ 36281 B787-8

10 VT-ANK 36282 B787-8

11 VT-ANL 36283 B787-8

12 VT-ANM 36284 B787-8

13 VT-ANN 36285 B787-8

14 VT-ANO 36286 B787-8

15 VT-ANP 36287 B787-8

16 VT-ANQ 36288 B787-8

17 VT-ANR 36289 B787-8


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18 VT-ANS 36290 B787-8

19 VT-ANT 36291 B787-8

20 VT-ANU 36292 B787-8

21 VT-ANV 36293 B787-8

22 VT-ANW 36294 B787-8

23 VT-ANX 36295 B787-8

24 VT-ANY 36296 B787-8

25 VT-ANZ 36297 B787-8

26 VT-NAA 36298 B787-8

27 VT-NAC 36299 B787-8

Airbus Fleet


1 VT-SCA 2593 A319-112

2 VT-SCB 2624 A319-112

3 VT-SCC 2629 A319-112

4 VT-SCF 2907 A319-112

5 VT-SCG 3271 A319-112

6 VT-SCH 3288 A319-112

7 VT-SCI 3300 A319-112

8 VT-SCJ 3305 A319-112

9 VT-SCK 3344 A319-112

10 VT-SCL 3551 A319-112

11 VT-SCM 3620 A319-112

12 VT-SCN 3687 A319-112

13 VT-SCO 3822 A319-112

14 VT-SCP 3874 A319-112

15 VT-SCQ 3918 A319-112

16 VT-SCR 3970 A319-112

17 VT-SCS 4020 A319-112

18 VT-SCT 4029 A319-112

19 VT-SCU 4052 A319-112

20 VT-SCV 4089 A319-112

21 VT-SCW 4121 A319-112

22 VT-SCX 4164 A319-112

1 VT-PPA 3130 A321-211

2 VT-PPB 3146 A321-211

3 VT-PPD 3212 A321-211


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4 VT-PPE 3326 A321-211

5 VT-PPF 3340 A321-211

6 VT-PPG 3367 A321-211

7 VT-PPH 3498 A321-211

8 VT-PPI 3557 A321-211

9 VT-PPJ 3573 A321-211

10 VT-PPK 3619 A321-211

11 VT-PPL 3752 A321-211

12 VT-PPM 3792 A321-211

13 VT-PPN 3955 A321-211

14 VT-PPO 4002 A321-211

15 VT-PPQ 4009 A321-211

16 VT-PPT 4078 A321-211

17 VT-PPU 4096 A321-211

18 VT-PPV 4138 A321-211

19 VT-PPW 4155 A321-211

20 VT-PPX 4280 A321-211

1 VT-EDC 4201 A320-214

2 VT-EDD 4212 A320-214

3 VT-EDE 4236 A320-214

4 VT-EDF 4237 A320-214

5 VT-EXA 6446 A320-214

6 VT-EXB 6690 A320-214

7 VT-EXC 6715 A320-214

8 VT-EXD 6724 A320-214

9 VT-EXE 6803 A320-214

10 VT-EXF 7459 A320-251N

11 VT-EXG 7568 A320-251N

12 VT-CID 7475 A320-251N

13 VT-CIE 7526 A320-251N

14 VT-EXT 7559 A320-251N

15 VT-EXU 7616 A320-251N

16 VT-CIF 7638 A320-251N

17 VT-EXV 7662 A320-251N

18 VT-EXI 7776 A320-251N

19 VT-CIG 7800 A320-251N

20 VT-EXH 7764 A320-251N

21 VT-EXJ 7965 A320-251N


Page 45 of 56


22 VT-EXL 7997 A320-251N

23 VT-EXK 7930 A320-251N

24 VT-CIH 8030 A320-251N

25 VT-EXM 8056 A320-251N

26 VT-CIN 8202 A320-251N

27 VT-CIO 8226 A320-251N

28 VT-CIM 8167 A320-251N

29 VT-CIQ 8267 A320-251N

30 VT-CIP 8225 A320-251N

31 VT-EXO 8470 A320-251N

32 VT-EXP 8682 A320-251N

33 VT-EXN 8486 A320-251N

34 VT-EXQ 8770 A320-251N

35 VT-EXS 8862 A320-251N

36 VT-EXR 8917 A320-251N


Page 46 of 56

Annexure - 6

UNDERTAKING & COMPLIANCE CERTIFICATE

(On Bidder’s Letter Head)

DECLARATION

1. It is certified that we have studied and understood the terms and conditions of the Tender no.

“Tender/ENGG/IFE on Wi-Fi/01 dated 23 Apil2019”

2. We hereby undertake and agree to unconditionally abide by all the terms & conditions and

scope of services stipulated by Air India in the Tender including all annexure, addendum and

corrigendum.

3. All the details mentioned by us are true and correct and if Air India observes any

misrepresentation of facts on any matter at any stage, Air India has the absolute right to

reject the Bid/proposal and disqualify us from the bidding / selection process.

4. We confirm that we have noted the contents of the Tender and have ensured that there is no

deviation in filing our response to the Tender and that Air India will have the right to disqualify

us in case of any such deviations.

5. We certify that the product offered by us for Tender conforms to the Technical specifications

stipulated by Air India


[Authorized Signatory (same as signing the proposal) – Bidder] Name:

Position:

Date:


Page 47 of 56

Annexure - 7

Airline Reference details for IFE on Wi-Fi System


Name of the Airline where similar system is implemented by the Bidder. (Separate sheets to be used

for different client(s) / Airlines).

Copy of Reference Letter to be enclosed.

S. No. Details

1 Name of Airline where IFE on Wi-Fi system Solution has been implemented and is currently running successfully (For Bidders with prior experience)

2 Reference Customer’s Contact details:

• Name

• Designation

• System technical details

• Email

3 Mention the details of Aircrafts on which the IFE on Wi-Fi has been implemented.

4 Time taken for implementation from Order date to full functionality achieved.

Note: Air India can contact reference customer to seek further information.


[Authorized Signatory (same as signing the proposal) – Bidder] Name:

Position:

Date:


Page 48 of 56

Annexure - 8

NON-DISCLOSURE AGREEMENT


Executive Director (Engg)

Air India Ltd.

Airlines House,

Gurudwara Rakabganj Road, New Delhi

-110001.

[Date]

Sub: Non-Disclosure Agreement

We acknowledge that during the course of bidding for Tender floated for Airline IFE on Wi-Fi system

Solution, we shall have access to and be entrusted with Confidential Information (commercial,

technical, scientific, operational, administrative, financial, marketing, business, or intellectual property

nature or otherwise), whether oral or written, relating to Air India and its business that is provided to

us pursuant to this Agreement

(hereinafter referred to as “Confidential Information”).

In consideration of Air India making Confidential Information available to us, we agree to the terms

set out below:

1. We shall treat all Confidential Information as strictly private and confidential and take all steps

necessary to preserve such confidentiality.

2. We shall use the Confidential Information solely for the preparation of our response to the

Tender / Development & implementation of IFE on Wi-Fi system solution and not for any other

purpose whatsoever.

3. We shall not disclose any Confidential Information to any other person or firm without the prior

written consent of Air India.

4. This Agreement shall continue perpetually unless and to the extent that Air India may release it

in writing.

5. We acknowledge that no failure or delay by Air India in exercising any right, power or privilege

under this Agreement shall operate as a waiver thereof or shall any single or partial exercise

thereof or the exercise of any other right, power, or privilege.

Yours sincerely



Name:

Position:

Date:


Page 49 of 56

Annexure - 9

Sub: Letter of Financial Proposal


To,

Dear Sir,

We, ............................................(Bidder Applicant’s name) enclose herewith our Financial Bid

towards Tender “TENDER/ENGG/IFE on Wi-Fi/01 dated 23 Apil2019 and our Technical Bid.

Our attached Financial Proposal is for the sum of [Insert the amount(s) in words and figures.]

We hereby confirm that the Financial Proposal is unconditional and we acknowledge that any

condition attached to Financial Proposal shall result in rejection of our Financial Proposal.

Our Financial Proposal shall be binding upon us up to expiration of the validity period of 120 (One

hundred and twenty) days from the PDD of the Proposal.

We understand that you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,

Authorised Signature

Name and Title of Signatory

Name of the Company:

Address

Company Seal


Page 50 of 56

Annexure - 10

Financial Bid Format

S.

No. Aircraft Type

No. of Aircraft

(a)

Monthly fixed assured

Revenue to AI earned

thru advertising for

one aircraft in each

category

(USD / INR)

(b)

Total Amount

(USD / INR)

( C)

( C ) = (a)*(b)

Fixed Assured

Revenue for

duration of contract

(USD / INR)

(d)

1 B777 16 Total of

1A+1B+1C+1D+1E

A (2019 – 2020) 16

B (2020 – 2021) 16

C (2021 – 2022) 16

D (2022 – 2023) 16

E (2023 – 2024) 16

2 B787 27

Total of

2A+2B+2C+2D+2E

A (2019 – 2020) 27

B (2020 – 2021) 27

C (2021 – 2022) 27

D (2022 – 2023) 27

E (2023 – 2024) 27

3 A319 22

Total of

3A+3B+3C+3D+3E

A (2019 – 2020) 22

B (2020 – 2021) 22

C (2021 – 2022) 22

D (2022 – 2023) 22

E (2023 – 2024) 22

4 A320 36

Total of

4A+4B+4C+4D+4E

A (2019 – 2020) 36

B (2020 – 2021) 36

C (2021 – 2022) 36

D (2022 – 2023) 36

E (2023 – 2024) 36

5 A321 20

Total of

5A+5B+5C+5D+5E

A (2019 – 2020) 20

B (2020 – 2021) 20

C (2021 – 2022) 20

D (2022 – 2023) 20

E (2023 – 2024) 20

6

Total Revenue of five years in Figures


Page 51 of 56

7 Total Revenue of

five years in

Words

Note: Bidder is required to install and commission WI-FI system free of cost on all the

aircraft. Bidder is permitted to recover the cost by sourcing the advertisement

(equivalent to 20% of IFE content) and inserting the same across all the system.

Bidder is required to share a fix amount of revenue every month with Air India.

Bidder sharing highest amount of fixed revenue per month will be declared

selected.

Note:

AUTHORISED SIGNATORY

(NAME AND DESIGNATION)

COMPANY STAMP


Page 52 of 56

Annexure - 11

Check List of Documents

Sr No. Requirements Criteria check list

Bidder’s

Response YES /

NO

1. Deposited “Bid Security” (EMD) Yes / No

2. Attached Letter of Technical Proposal as per Annexure - 2 Yes / No

3. Attached Functional and Technical Mandatory Requirements as per

Annexure - 3 Yes / No

4. Attached Technical Requirements – Deliverable as per Annexure - 4 Yes / No

5. Attached Undertaking and Compliance Certificate as per Annexure - 6 Yes / No

6. Attached Airline Reference Details as per Annexure - 7 Yes / No

7. Attached Non-Disclosure Agreement as per Annexure - 8 Yes / No

8. Attached Bidder’s Profile as per Annexure - 12 Yes / No

9 Attached Variance – General statement ( if any) as per Annexure 13 Yes / No

10. Attached Statement of Legal Capacity as per Annexure - 14 Yes / No

11 Provided details of STC / SB / NOC for each aircraft Yes / No

12. Provided Technical details of IFE equipment Yes / No

13. Placed Letter of Financial Proposal as per Annexure – 9 in a separate

envelope for Financial Bid. Yes / No

14. Placed Financial Bid as per Annexure – 10 in Financial Bid envelope. Yes / No


Page 53 of 56

Annexure - 12

Bidder’s Profile

1 Name of Organisation :

2 Type of Organisation Legal status (e.g.

Incorporated private company,

unincorporated business, partnership etc.):

:

Registered address:

Year of Incorporation:

Registration Number /Corporate Identity

Number

Year of commencement of business:

Principal place of business:

3 Contact Person and Designation :

4 Address/ email/ Phone/ mobile :

5 Details of Annual Turnover and Net worth for

the 3 Years – 2016, 2017, 2018 (Figs. Indian

Rupees / USD ‘000) (Copies of Financial

Statements be provided in support)

:


Page 54 of 56

6. Tax Residency

Documentation of the Supplying Entity for the Year 2018 (MANDATORY TO BE SUBMITTED

WITH TECHNICAL BID)

i. Country of Incorporation & Residence

ii. Tax Residency Certificate containing tax residency declaration and unique identification no. duly certified and stamped by the tax authorities

iii. Form 10 F under Indian Income Tax laws containing a Declaration form duly filled, signed and stamped by authorised signatory of Entity. (Downloadable from website of Income Tax India.)

iv. No Permanent Establishment (NoPE)

Certificate on Letterhead duly signed and

stamped to be given. In the event there is

any declared Permanent Establishment

of the entity in India, the applicable Indian

Income tax would be applicable for which

the tax deduction at source (TDS) under

Indian Income tax would

be deducted at source and Certificates for TDS deducted and deposited with tax authorities shall be provided.

v. Indian Permanent Account Number

(available) (PAN) vi. Any other

registration relevant for tax law purposes.

AUTHORISED SIGNATORY

(NAME AND DESIGNATION)

COMPANY STAMP


Page 55 of 56

Annexure - 13

VARIANCE - GENERAL TERMS & CONDITIONS AND TECHNICAL REQUIREMENTS

The table below lists the summary of exclusions of the General Terms &

Conditions and Technical Requirements, Terms & Conditions of this Tender,

which are not acceptable in totality. The terms & conditions, which we offer

instead, will be as follows:

S.No. ANNEXURE: _______ CLAUSE NO. _______

SUBJECT ________________________ OUR TERMS & CONDITIONS

Note:

1. This Annexure is mandatory and in case no variance is to be reported, ‘NIL’

statement must be submitted in the above format. General Terms & Conditions

and Technical Requirements, Terms & Conditions spelt out in Annexure - 1 &

Annexure - 3, not detailed above shall deem to have been accepted by the

Bidder.

2. SINCE NO VARIATION IS ACCEPTABLE FOR MANDATORY CONDITIONS,

THIS VARIANCE STATEMENT SHOULD NOT BE USED FOR

DEVIATIONS/VARIANCES FOR MANDATORY CLAUSES.

Signature:

Name:

Designation:

Company Stamp:


Page 56 of 56

ANNEXURE-14

Statement of Legal Capacity

(To be forwarded on the letter head of the Bidder Applicant)

Ref. No…………….. Date:…………………

To,

Sub: IFE on Wi-Fi

Dear Sir,

We hereby confirm that we, the Bidder Applicant, satisfy the terms and conditions laid down in

the Tender document.

We are nominating following personnel as our Authorised Representatives and declaring

that they have been duly authorised to submit our Proposal, to attend the public opening

of Technical Proposals and Financial Proposals and for doing any other correspondences

and communications in respect of the Tender.

Name & Designation ___________________________ Signature __________________

Name & Designation ___________________________ Signature __________________

We confirm that we shall be bound by all commitments made by aforementioned Authorised

Representative(s).

Further, the authorised signatory is vested with requisite powers to furnish such Proposal and

all other documents, information or communication and authenticate the same.

Yours faithfully,

(Signature, name and

designation of the

authorised signatory)

For and on behalf of

NOTES:

1. This Statement of Legal Capacity should be on the letterhead of the Company

and should be signed by a person competent, duly authorised by the Bidder

Applicant.

2. The Bidder’s Authorized Representatives are required to carry a copy of this

statement of Legal Capacity while attending the Pre-Proposal meeting, public

opening of Technical and Financial Proposals and submit the same to Air India.