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AIRPORTS AUTHORITY OF INDIA AAI OFFICE COMPLEX, SAFDARJUNG AIRPORT

NEW DELHI – 110 003

GLOBAL TENDER NO. : 04/2015

TENDER DOCUMENT

FOR Supply of 25 Nos. Airport Rotating Beacons (ARB)

at

Sadarjung Airport , New Delhi

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SUMMARY

GLOBAL TENDER NO. 04/2015

1. Name of Work : Supply of 25 Nos. Airport Rotating Beacons (ARB) at Safdarjung Airport, New Delhi

2. Estimated Cost of Work : Rs.85,66,439/-

3. Earnest Money : Rs.2,14,161/- (INR Two lacs fourteen thousand one hundred sixty one only) Or US$ 3393 (US Dollar three thousand three hundred ninety three only) Or €3133 (Euro Three thousand one hundred thirty three only)

4. Cost of Tender : Rs.1700/- or US $27 or Euro €25 Non-refundable (cost of tender document is inclusive of service tax). The cost of tender shall be paid to AAI, on-line, after registration in e-Procurement portal.

5. Time Allowed : 6 Months

6. Last Date for download of tender document

: 27 May 2015 upto 1000 hrs.

7. Last date for submission of queries by bidders

: 25 May 2015 upto 1000 hrs.

8. Last Date for response to bidder’s queries by AAI

: 26 May 2015 upto 1000 hrs.

9. Last Date & time for submission of Prequalification, Technical and Financial bids through AAI E-Tender portal

: 27 May 2015 up to 1130 hrs.

10. Date & time of opening of Prequalification Bids

27 May 2015 at 1200 hrs.

11. Opening of Technical Bids : Will be intimated later to the short listed parties who have qualified the prequalification criteria

12. Opening of Financial Bids : Will be intimated later to the short listed technically qualified bidder.

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INDEX

GLOBAL TENDER NO. 04/2015

NAME OF WORK: Supply of Supply of 25 Nos. Airport Rotating Beacons (ARB)at Safdarjung Airport , New Delhi

S.NO.

DESCRIPTION

PAGE NO.

1. Notice Inviting Tender (PRESS) 4 2. Notice Inviting Tender (Website) 5 3. Section – A: General Information and Guidelines 6-21 4. Section – B: Conditions of Contract 22-38 5. Section – C: Special Conditions 39-40 6. Section – D: Technical Specifications - Airport Rotating Beacons 41-42 7. Letter of Acceptance- Annexure-I 43-44 8. ‘Annexure – II’ for price of common replacement spares– for All

Bidders 45

9. ‘FINANCIAL BID’ Annexure – III(a) - for Indian Firms 46 10. ‘FINANCIAL BID’ Annexure – III(b) - for Indian Firms quoting in

Indian Rupees on the basis of High Sea Sale agreement 47

11. ‘FINANCIAL BID’ Annexure – III (c) for foreign firms 48 12. PROFORMA FOR BANK GUARANTEE – Security Deposit

Annexure – IV 49-50

13. Proforma of High Seas Sales Agreement - Annexure– V 51-52

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Notice Inviting Tender (Website) E-Tendering : This tender is an e-Tender hosted on AAI’s e-Procurement site. Vendors can download tender documents, pay tender processing fee, and submit Prequalification bid, Technical bid & Financial Bid online through AAI’s e-Procurement portal. For participating in this e-Tender, the Vendors shall register themselves. Registration is free of cost. Please visit our e-Procurement portal of AAI, http://etender.aai.aero/irj/portalfor Registration.

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1. SECTION – A: GENERAL INFORMATION AND GUIDELINES 1.1. Purpose and Scope of Tender Document:

1.1.1. Airports Authority of India (AAI) manages a total of 125 Airports which

includes 11 International Airports, 08 Customs Airports, 81 Domestic Airports and 25 Civil Enclaves at Defence Airfields. On behalf of Chairman, AIRPORTS AUTHORITY OF INDIA, General Manager (Tech.), Airports Authority of India, AAI Office Complex, Safdarjung Airport New Delhi – 110003 (INDIA) (Telefax : 011-24635799) invites item rate e-tenders in three Bids system, i.e. Prequalification, Technical & Financial for Supply of 25 Nos. Airport Rotating Beacons (ARB) at Safdarjung Airport, New Delhi.

1.1.2. This tender document includes requirements in respect of description of work, details of end locations, delivery schedules, payment schedules, support services etc.

1.1.3. The bidder shall assume complete responsibility for the Supply of 25

Nos. Air Port Rotating Beacons. 1.2. Eligibility conditions for participating in the Tender :

1.2.1. Profile:- The manufacturing firms/OIMs (both Indian and foreign) or

their subsidiaries or Authorized Representatives in India who are in the business of Airfield lighting equipment and systems /Airport Rotating Beacons in India or abroad for a minimum period of last 3 years (as on 31.03.2015) are eligible to participate in the tender.

1.2.2 Indian Associate:- The case of Foreign supplier, the firm shall have an association with only one Indian firm having adequate infrastructure and resources including the required expertise in terms of men & material so as to provide effective after sales and service facilities as per the requirement of the tender and company’s policy. The Indian Associate shall have the experience in the field of commissioning / servicing including repair of Airfield Lighting System / Airport Rotating Beacons for a minimum period of last three years (as on 31.03.2015).

1.2.3. Experience: Either OIM or its Subsidiary or Authorized Representatives(AR) should have successfully executed the orders for manufacturing/supply of Airport Rotating Beacons in compliance with the ICAO’s/FAA’s standard during last 07 years ending 31st March, 2015, in line with any one of the following criteria :-

i. Three similar orders of not less than 10 Nos. ARBs each or three

similar orders of not less than an amount of Rs.34.27 lacs. each Or

ii. Two similar orders of not less than 12 Nos. ARBs each or two similar order of not less than an amount of Rs. 42.83 lacs each

Or

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iii. One similar order of not less than 18 Nos. ARBs each or one similar order of not less than an amount of Rs.61.7 lacs each

Or iv. Tenderer should have completed similar contracts as per

ICAO’s/FAA’s standard requirement to total not less than 20 Nos, for last 03 years

1.2.4. Turnover: Average Annual Turnover of the bidding firm for last three

financial years ending 31st March, 2014 or 31st December of previous year, as per practice prevailing in the country of the firm should be at least 30% of the estimated cost i.e. Rs.85,66,439/-.

1.2.5. The bid for same item shall not be submitted both by the OIM firm or

AR firm. In such case, the bid of OIM firm alone shall be accepted and the bids of the AR firm shall be rejected

1.2.6. The bidder as AR firm shall participate in a tender on behalf of only one

OIM firm. 1.2.7. Only one AR firm shall be authorized by OIM firm for the offered

product in the tender.

1.2.8. If the entity participating in any of the tenders is a private or public limited company, Partnership Firm or Sole Proprietor and any of the Directors/Partners/Sole Proprietor of such company is also a Director of any other company or partner of a concern or a Sole Proprietor having established business with AAI and has outstanding dues payable to the Authority, then the said entity may not be allowed in AAI tenders.

1.2.9. The firm shall offer only one make/model of Airport Rotating Beacon.

The tenderer quoting alternate offer shall be rejected.

1.3. Firms registered with NSIC:- - Any concessions to the bidders registered with NSIC shall be applicable as per the directives of Govt. of India, prevalent on the date of acceptance of the bid. In case a tenderer is eligible for any concession / exemption under this clause, documentary proof to this effect must be enclosed to the effect that the same is / are currently valid.

1.4. Tender Cost: -The cost of tender document shall be Rs.1700/- or US $27 or

Euro €25 and will be non-refundable. The cost of tender shall be paid to AAI, on-line after registration. Bidders shall be allowed to register, login to AAI’s e-Procurement portal and down load tender document, free of cost. However bidders shall be allowed to submit their tender, both Technical & Financial bids only after paying Tender Processing Fee on-line.

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1.5. E- Tendering. 1.5.1. Following department of AAI will be carrying out the tender processing

through e - tendering.

1.5.2 PC / Laptop setting for E-Tendering :-

1.5.2(a) Java: To view some of the components, you need to install

Java Internet component from https://cds.sun.com/is-bin/INTERSHOP.enfinity/WFS/CDS-CDS_Developer-Site/en_US/-/USD/ ViewProductDetail-Start?ProductRef=jre-6u23-oth-JPR@CDS-CDS_Developer.

1.5.2(b) Proxy: If you are unable to access AAI e-Procurement site or

Bid Documents, check if you are using proxy to connect to internet or if your PC is behind any firewall. Contact your system administrator to enable connectivity. Please note that standard Port for HTTP (443) connectivity should be enabled on your proxy/firewall. Dial-up internet connectivity without Proxy settings is another option.

1.5.2(c) Pop-ups: Pop-ups should be enabled on AAI e-Procurement

URL and Bid Documents URLs. This is required to view tender documents.

1.5.2(d) Active-x controls: Maintain the settings as described in

Internet Explorer settings document to enable digital signature signing and verification.

Department Tender details

Estimated cost Earnest Money Deposit (EMD)

Department of Technical

Supply of 25Nos. AirportRotating Beacons (ARB)

Rs.85,66,439/-

Rs.2,14,161/- (INR Two lacs fourteen thousand one hundred sixty one only) Or US$ 3393 (US Dollar three thousand three hundred ninety three only) Or €3133 (Euro Three thousand one hundred thirty three only) should be submitted through the E-Tender portal via bank transfer in the form of RTGS /NEFT mode. The payment gateway of IndusInd Bank/HDFC Bank integrated for the purpose with the AAI E-Tender portal shall be used.

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1.5.2(e) Digital signature client SW/component: To use Digital Signature, a client level Software is required. This is third party software from (n)code. This is installed automatically, once you start working on OIL’s e-procurement system. A popup will come before it starts installation. You need to ensure you have administrative rights on the PC or the laptop. This installation is one time activity for a PC or Laptop.

1.5.3. E-Tendering Participation Requirements: Vendors are required to

carry out the following activities:

1.5.3(a) Registration: Registration shall be on AAI’s e-Procurement Portal free of cost, at http://etender.aai.aero/irj/portal.

1.5.3(b) Login id: Bidder shall click ‘Apply for Access Authentication’ and fill in the required details as reflected on screen. After saving the details, a password for the registered bidder shall be generated by the system and the password shall be sent to the e-mail id provided by the bidder during registration. On receipt of email, the login Id is ready with the bidder to proceed further.

1.5.3(c) General guidelines for bidders: Guidelines to proceed

further in the tender process are available in the AAI’s e-procurement portal under Self Help Files Tab. Bidders are advised to go through these guidelines before submitting their bids, on-line.

1.5.3(d) Digital Certificate: Bidder shall have a legally valid class III

digital certificate as per Indian IT Act, 2000, from the licensed Certifying Authorities, operating under the Root Certifying Authority of India (RCAI), Controller of Certifying Authorities (CCA) of India (Please see www.cca.gov.in). Licenced CA's in India are:

a) Safescrypt b) NIC c). IDRBT d) TCS e) MTNLTrustline f) GNFC g). e-MudhraCA

Parameter Value Allow Scrip lets Enable Automatic prompting for ActiveX controls Enable Binary and script behaviours Enable Download signed ActiveX controls Enable Download unsigned ActiveX controls Enable Initialize and script ActiveX controls not marked as safe

Enable

Run ActiveX controls and plug-ins Enable Script ActiveX controls marked safe for scripting

Enable

Use Pop-up Blocker Disable

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1.5.4. Online Tendering: For all AAI tenders hosted on AAI e-

procurement site, the Prequalification, Technical and Financial Bids shall be submitted on-line only. Upload the tender in multiple files (by breaking the same into multiples files), each file should not be of more than 10MB. However, documents which have to be submitted in originals like EMD or any other such documents mentioned in the tender documents will have to be physically submitted as advised in this tender document.

1.5.4(a) On-line training & technical assistance for interested bidders

shall be available as follows: 1.5.4(b) Bidder’s training support system: Detailed information in

this regard have been provided to the bidders at AAI’s e-Procurement Portal i.e. http://etender.aai.aero/irj/portal under the Self Help Tab. However, training support systems is given inside the portal and are visible to the registered bidders only.

1.5.5. Help Desk Services

1.5.5(a) In order to facilitate the Vendors/Bidders as well as internal

users from AAI, Help Desk services have been launched between 0800-1900 hours for the e-tender portal http://etender.aai.aero/irj/portal. The Help desk services shall be available on all working days (except Sunday) between 0800-1900 hours and shall assist users on technical issues related to the use of the e-tender portal.

1.5.5(b) For any technical assistance with regard to the functioning of

the portal the bidders as well as AAI users may contact according to the escalation matrix as mentioned below:

Sl. No.

Contact Person Telephone Numbers

Escalation Matrix

E-mail address

1. Help Desk Timings Between 08:00 Hrs to 19:00 Hrs

011-24626632, 011-24632950 Ext-3512, 08510096161, 08510096262, 08510096363

---------- e-sap1@aai.aero

2. Mr Mukesh Kumar Manager (IT) 09.30 Hrs to 17.30 Hrs

011-24632950, Extn-3505

after 4 hours of issue

etendersupport@aai.aero

3. Mr A. K. Sharma Jt. GM (IT) 09.30 Hrs to 17.30 Hrs

011-24647596 after 12 hours

aniruddhasharma@aai.aero

4. General Manager (IT) 09.30 Hrs to 17.30 Hrs

011-24656414 after 24 hours

gmit@aai.aero

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1.5.5(c) The above mentioned help desk numbers are intended only for queries related to the issues on e-tendering portal and help needed on the operation of the portal. For queries related to the tenders published on the portal, bidders are advised to contact concerned Bid Manager from AAI.

1.6. Tender document

1.6.1 The tender document consists of four sections. The bidder shall go through all these sections; Section A: General Information and Guidelines (GIG) Section B: General Conditions of Contract and (GCC) Section C: Special Conditions of the tender document (SCC) Section D: Technical Specifications Bidders shall comply with each clause of all the four sections.

1.6.2. Bidders willing to participate may download the digitally signed tender

document on-line from AAI’s e-Procurement portal at http://etender.aai.aero/irj/portal and submit digitally counter signed tender document on-line at the same portal.

1.6.3. The instructions in the tender document are binding on the bidder and

submission of the tender shall imply unconditional acceptance of all the terms and conditions by the bidder.

1.7 Schedule of Important Activities.

Activity Date

Last Date for download of tender document

27 May 2015 upto 1000 hrs.

Last date for submission of queries by bidders

25 May 2015 upto 1000 hrs.

Last Date for response to bidder’s queries by AAI

26 May 2015 upto 1000 hrs.

Last Date & time for submission of Prequalification, Technical and Financial bids through AAI E-Tender portal

27 May 2015 up to 1130 hrs.

Date & time of opening of Prequalification Bids

27 May 2015 at 1200 hrs.

Opening of Technical bids Will be intimated later to the short listed parties who have fulfilled the prequalification criteria

Opening of Financial bids Will be intimated later to the short listed technically qualified bidder.

1.8. Transfer of Tender document: Tender documents are not transferable.

1.9. Amendment to Tender document: At any time, prior to scheduled date of

submission of bids, AAI if it deems appropriate to revise any part of this tender or to issue additional data to clarify and interpretation of provisions of this tender, it may issue addendum / corrigendum to this tender. Any such addendum / corrigendum shall be deemed to be incorporated by this

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reference into this tender and binding on the bidders. Addendum / corrigendum will be notified through AAI’s e-Procurement portal at http://etender.aai.aero/irj/portal

1.10. Clarifications of Bid Documents: Bidder, requiring any clarification of the tender Document, may submit their queries, if any, through provision of AAI’s e-Procurement Portal at http://etender.aai.aero/irj/portal in the format given below in Microsoft Excel. Name of Bidder:

S.No. Section No.

Clause No.

Page Number in Section

Existing Provision in Clause

Clarification Sought

1.10.1 Request for clarifications received from bidders shall be responded

by AAI till the schedule indicated in para. 1.7 above or as extended thereto by AAI.

1.10.2 Replies to Clarifications by AAI will be uploaded through AAI’s e-

Procurement Portal. The bidders are advised to visit AAI’s e-Procurement portal at http://etender.aai.aero/irj/portal regularly.

1.10.3 Clarifications and other documents, if and when issued by AAI, shall

be in relation to the tender and hence shall be treated as their extension.

1.10.4 AAI makes no representation or warranty as to the completeness

or accuracy of any response, nor does AAI undertake to answer all the queries that have been posted by the Bidders.

1.10.5 In order to provide reasonable time to bidders to take the

amendments made by AAI into account for preparing their bids, AAI may, at its discretion, extend the deadline for the submission of bids suitably.

1.11. EMD :-

1.11.1. Submission of EMD Amount:- EMD of the value of Rs.2,14,161/- (INR Two lacs fourteen thousand one hundred sixty one only) Or US$ 3393 (US Dollar three thousand three hundred ninety three only) Or €3133 (Euro Three thousand one hundred thirty three only) shall be accepted online , only through the E-Tender portal via bank transfer in the form of RTGS/NEFT. Vendors shall use the payment gateway of IndusInd bank/HDFC bank integrated for the purpose with the AAI E-Tender portal.

1.11.1(a). EMD in the form of cash /Demand Draft /or any other

form shall not be accepted. 1.11.1(b). Vendors shall note that they are not required to contact

any AAI employee or submit any documentary evidence of submission of EMD via Bank Transfer in the form of

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RTGS/NEFT to any AAI employee during the process of tender.

1.11.1(c). Tenders of the bidders who fail to submit the EMD

amount before the stipulated time shall be rejected outright.

1.11.2. Refund of EMD Amount:- EMD of unsuccessful bidders received

through bank transfer mode (RTGS/NEFT) shall be refunded online through the same mode (BT) only and it shall be refunded in the Bank Account whose details are provided on the portal at the time of submission of the tender. The refund of EMD to bidders who fail to qualify the eligibility / technical stage shall be initiated automatically within 7 (seven) days of their rejection. For all bidders whose financial bids are opened the refund of EMD except for L 1 bidder shall be processed within 07 days of opening of the financial bid.

1.12. Period of Validity of Bids: The Bids shall remain valid for 180 days from the

scheduled date of submission of bids. AAI shall summarily reject a bid as non-responsive if found valid for a shorter period. Only in exceptional circumstances, AAI may request the bidder's consent for an extension to the period of bid validity. The request and the responses thereto shall be made in writing.

1.13. Composition of Bids and General Guidelines for bid process

1.13.1. Bidders shall submit their bids as per scheduled date & time through AAI’s e-Procurement portal at http://etender.aai.aero/irj/portal only.

1.13.2. Bidders shall submit the tender before the deadline specified in

para.1.7 of this tender document. AAI’s e-Procurement system shall not allow bidders to submit their tender, after the scheduled date & time.

1.13.3 The Technical bids and the Financial bids will be opened online by

AAI at the time and date intimated later on after opening of the Prequalification bids. All the statements, documents, certificates etc., uploaded by the bidders shall be downloaded and verified for prequalification &technical evaluation.

1.13.4 The clarifications, particulars, if any, required from the bidders, will

be obtained through query provision available in AAI’s e-Procurement portal.

1.13.5 The result of Pre-qualification bid evaluations shall be displayed on

AAI’s e-procurement portal and shall be visible to all the bidders who have participated in this Tender.

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1.14. On-line E-Tendering General Guidelines

1.14.1. System shall not permit upload of bids after the scheduled time of

submission. 1.14.2 The bidder may correct, modify or withdraw his bid after submission

but prior to scheduled last date & time of submission of Pre-qualification, Technical and Financial bids.

1.14.3. Subject to Clause 1.14.2 above, no bid shall be modified subsequent to the schedule time of submission of bids.

1.14.4. To assist in the examination, evaluation and comparison of bids AAI

may, at its discretion ask the bidder for the clarification / confirmation of compliance of its bid. The request for clarification / confirmation of compliance and the response shall be through query provision available in AAI ASP E-Tendering portal.

1.14.5. Bidders may submit their response to AAI queries through provision

of AAI ASP E-Tendering Portal Only 1.14.6. No post bid clarification / confirmation of compliance at the initiative

of the bidder, shall be entertained.

1.15. Preparation of Bids: Bids shall be prepared and submitted in three parts: the first part be the “ Prequalification Bid ; second part shall comprise the technical aspects of the bid –“Technical bid”; and the third part shall be the “Financial bid” specifying the price offer.

1.16. Prequalification bid submission: The following documents shall be

submitted on-line for Eligibility bid evaluation: 1.16.1. In case of manufacturer, copy of registration with Commissioner of

Industries / appropriate authority as a proof of being Original Item Manufacturer for Airport Lighting Equipment and Systems.

Or In Case of AR Firm (Only one) of OIM, Current authorization from

OIM firm authorizing it as its representative for tender being submitted.

1.16.2. Proof of being in business for Airfield lighting Equipment and

Systems for a minimum period of last 3 years (as on 31.03.2015) in the case of authorised Representative / Indian Associate (to be submitted by the foreign firm)

1.16.3. Copy of agreement been the Indian Associates and manufacturer in

case of the foreign firms quoting the rates. 1.16.4 Bidder firm shall submit undertaking stating that its Partners or its

Directors have not been black listed or any case is pending or any

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complaint regarding irregularities is pending, in India or abroad , by any global international body like World Bank/International Monetary Fund / World Health Organization etc., or any Indian State /Central Government Departments or Public Sector Undertaking of India.

1.16.5 EMD through the E-Tender portal via bank transfer in the form of

RTGS/NEFT as per clause 1.11.1 1.16.6. Unconditional acceptance form as per ANNEXURE-I. 1.16.7 A copy of Permanent Account Number issued by Income Tax Deptt.

(To be submitted by Authorized Representatives and for Foreign firms to be submitted for their Indian Associates).

1.16.8 Documents in support of experience: Bidder shall submit

following documents in respect of the works claimed by him for meeting eligibility criteria. Certified English translation shall be enclosed, if language is other than English (scanned copies). :- a). Copy of purchase order/agreement b) Copy of invoice / bill c) Commissioning / Installation Report /receipt certificate issued

from the user. d) Certificate from the end user that supplied / installed

equipment has been performing / have performed satisfactorily at least for six months after the date of commissioning / installation.

e) Address/addresses, email and telefax of end user agencies with detail of the contact person at present.

1.16.9. Certified copies of abridged balance sheets along with profit & loss

account of the firm (bidder) in support of annualized average financial turnover during last three financial year i.e FY 2011-12, 2012-13 and 2013-14 or 31st December of previous year, as per practice prevailing in the country of the firm.

1.16.10. Letter for authorised signatory(ies) (with Capacity and authority) for signing tender documents/contract

1.16.11. Complete address of the Company with landline No, Mobile No. ,

Fax No. , E-mail address for correspondence. 1.16.12 AAI may place a purchase order for common replacement spares

costing upto 4 % of the ARBs along with detailed order. The firm shall submit scanned copy of common replacement spares as given in Annexure-II without indicating price in the list.

(Note: please see clause no. 1.20.3)

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1.17. Documents submitted on-line at AAI’s e-Procurement portal during

Prequalification, Technical & Financial bids submission, shall only be accepted. No separate documents (hardcopies) shall be acceptable or considered by AAI.

1.18. Technical bid submission: The following documents shall be submitted on-line for

technical bid evaluation:

1.18.1. Technical Literature & brochure etc., meeting requirements/technical specification as given in Section D of Tender Document, in English language.

1.18.2. Compliance (clause-wise) Sheet of Technical Specification of NIT.

Deviations if any from the laid down requirements of this tender shall be prepared indicating the para number and page number of the tender document in which the bidder prefers to have deviation shall be uploaded on-line during Technical bid submission, to verify the compliance. Without such reference, tender may not be considered for evaluation and is liable to be rejected.

1.18.3. The language of all manuals, instructions, technical documentation ,

etc. provided under this contract shall be English. As part of technical evaluation of the tender, the compliance of the offered service to the specifications as stated in Section D of Tender Document shall be verified from the documents that have been submitted.

1.19. Post Tender Qualification for Technical Evaluation:

Apart from the eligibility conditions as specified in the tender, the following shall also be considered for the evaluation:

1.19.1. Tenderer should have resources in place, as specified in eligibility

conditions. If required, the Technical Evaluation Team may visit the premises of the firm as well as assess the manufacturing/repair & maintenance facility of compressors available with them.

1.19.2. If any document submitted in ‘Technical Bid’ is found to be false or

fabricated, the EMD shall be forfeited, besides black listing of the bidder.

1.19.3. Airports Authority of India reserves the right to reject any or

all tenders, without assigning any reasons thereof, and to call for any other details or information from any of the bidder.

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1.20. Financial bid submission: The following shall be the guide lines for on-line submission of financial bid: 1.20.1 The Financial bid shall be submitted on-line at AAI’s e-Procurement

portal. 1.20.2. The submission of price schedule will be submitted as per the

ANNEXURE – III (a) or (b) or (c) whichever is applicable. 1.20.3 Price breakup of common replacement spares as mentioned in para

1.16.12 shall be submitted in the collaboration folder in the e-tender portal of AAI after completion of Technical evaluation, and getting intimation about the result of the Technical evaluation.

1.20.4. Prices quoted by the bidder shall be inclusive of all expenses on

FOR destination basis. However, Octroi and State Entry Tax will be paid extra. It will be responsibility of the firm to find out Excise Duty, VAT and other duties and levies which are imposed by central government / different states of India, while the stores are in transit mode or at destination. Such duties and levies will be included in the net cost quoted by the firm.

1.20.5. Indian Bidders if quoting the rate in Indian Rupee for the imported

items may quote the rate keeping in view that High Sea Sale Agreement may be signed between AAI and the bidder under the following terms:

(i) After despatch of material from origin & prior to its arrival at

destination, the High Sea Sale Agreement shall be signed between successful bidder & AAI.

(ii) Necessary documentation for High Sea Sale shall be the

responsibility of the supplier (successful bidder). (iii) Supplier shall arrange clearance of the goods from the

customs at their sole risk and responsibility. (iv) No Sales Tax/Value Added Tax will be charged as goods shall

be sold to actual buyer (i.e. AAI) on High Sea Sale basis.

(v) Reimbursement/payment towards customs duties and all other levies, imposed by custom authorities at the port of entry in India shall be made by AAI (Duty Credit Scrips may be used under ‘Served From India Scheme’) the contractor is to ensure that duties are correctly assessed by custom authorities failing which excess payment made in this case will be recovered from the contractor.

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1.20.6. The prices quoted by the bidder shall remain firm during the entire period of contract and shall not be subject to variation other than changes in Taxes / Levies revised by Govt.

1.20.7. Original document of Financial Bid shall not be submitted as

hardcopy to AAI in any case.

1.21 Bid Opening and Evaluation

1.21.1 Opening of Prequalification Bids: AAI shall open Prequalification Bids as per scheduled Tender Opening Date and Time specified in para 1.7 of Section A: General Information & Guidelines. Bidders may remain present at the venue i.e. AAI’s premises during the opening of Prequalification bid.

1.21.2 Evaluation of Prequalification bid :

1.21.2(a). AAI shall evaluate the bids to determine whether they

are complete, the documents have been properly signed and the bids are in order.

1.21.2(b). AAI will determine the substantial responsiveness of

each bid to the Bid documents. For purposes of these clauses, a substantially responsive bid is one which conforms, to all the terms and conditions of the Bid Documents without material deviations. AAI's determination of bid's responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence. A bid determined as substantially non-responsive will be rejected by AAI.

1.21.2(c). The tenders received and accepted shall be evaluated

by AAI to ascertain the complete scope contained in the tender document.

1.21.2(d). Prequalification bid shall be opened on the designated

date of opening of tender as mentioned para 1.7 of Section A: General Information & Guidelines.

1.21.2(e). Tenders meeting Prequalification bid criteria as

specified herein shall only be informed and considered for opening and evaluation of Technical and Financial bid. However, tenders not meeting Prequalification bid criteria shall be informed for not meeting the prequalification bid criteria.

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1.21. Opening of the Technical Bids: Technical Bids of those bidders who qualify in Prequalification bid evaluation shall be opened by AAI. Venue, Date and Time of opening of Technical bid shall be notified to successful bidders through AAI’s e-Procurement Portal. Bidders may present at the venue during opening of Technical bid.

1.23 Evaluation of Technical Bids:

1.23.1. To shortlist technically qualified bidders, the Technical Bids shall be scrutinized by AAI to ensure whether the same are in conformity to Technical specifications as per tender. Bidders shall provide complete information to substantiate compliance of the technical specification listed in the tender. In case of incomplete compliance statement or inadequate information, tenders shall be finalised on the basis of the information available. It shall, therefore, be in the bidders’ interest to give complete and comprehensive technical particulars while submitting the bid.

1.23.2. However AAI may seek clarification on technical details or any other

information deemed necessary. Such queries raised on-line on AAI’s e-Procurement portal shall be replied on-line positively by the bidder, within the time specified, failing which the evaluation shall be done on the basis of the information available.

1.23.3. At no cost to AAI, as a part of Technical Evaluation, bidders

participating in this tender may be required to demonstrate operational and technical requirements or specifications, at a location considered fit by bidder in consultation with AAI.

1.24 Opening of the Financial Bids:

1.24.1. Financial Bids of those bidders who qualify in Technical bid

evaluation shall be opened by AAI. Venue, Date and Time of opening of Financial bid shall be notified to successful bidders through AAI’s e-Procurement Portal. Bidders may present at the venue during opening of Financial bid.

1.24.2. No correspondences / representations shall be entertained from the

bidders after opening of Financial Bid of the Tender on tendering process and on any other technical bids.

1.24.3 Date of submission and opening of tender can be extended on sole

discretion of the Competent Authority.

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1.25 Evaluation of Financial bid:

1.25.1. The tenders shall be compared on the basis of price quoted by the bidders for Supply of 25 nos. Airport Rotating Beacons. The amount indicated in the pricing schedule shall be taken for price comparison, as per the given format.

1.25.2. The lowest bidder shall be decided on the basis of lowest price quoted by the bidders in schedule of quantity for the item.

1.25.3. The bidders who are quoting as per format Annexure-III(c), will load the custom duty at the rate specified in the e-tender format. Any change in the custom duty rate will be adjusted on account of AAI. However, Custom duties, CVD and Cess etc. in India for the imported items, shall be paid by AAI as per the actual value directly, to respective authorities of Government of India, in the form of CDEC under EPCG/Served from India Scheme/ other scheme applicable, by AAI.

1.25.4. AAI reserves the right to reject any or all tenders without assigning any reason. The Financial bids of the bidders who do not qualify in Technical bid evaluation shall not be opened. AAI also reserves the right at its sole discretion not to award any order under the tender called. AAI shall not pay any cost incurred in the preparation and submission of any tender or any cost incidental to it.

1.25.5. Tenders, in which any of the particulars and prescribed information is vague, missing or is incomplete, in any respect and/or prescribed conditions are not fulfilled, shall be considered non-responsive and are liable to be rejected. If the bidder gives wrong information in his tender, AAI reserves the right to reject such tender at any stage or to cancel the Contract, if awarded and forfeit the Earnest Money Deposit.

1.25.6. The information contained in the tender shall be comprehensive and

to the point. The tenders containing information other than sought, with a motive to confuse or delay the finalization process are likely to be rejected.

1.25.7. Canvassing in any form in connection with the tenders is strictly

prohibited and the tenders submitted by the Contractors who resort to Canvassing are liable for rejection.

1.25.8. Should a bidder have a relation or relations employed in the capacity

of an officer in AAI, the authority inviting tender shall be informed of the fact along with the offer, failing which AAI, at its sole discretion shall reject the tender or cancel the contract and forfeit the Earnest Money Deposit.

1.25.9. AAI’s decision in the evaluation process shall be final and binding on

all Bidders.

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1.25.10 Bidders shall not try to influence AAI on any matter relating to its bid, from the time of the bid opening till the time the contract is awarded. Any effort by a bidder to influence AAI in the bid evaluation, bid comparison or contract award decisions shall result in the rejection of the bid.

1.25.11 AAI reserves the right to accept or reject any bid, and to annul the

bidding process and reject all bids, at any time prior to award of contract without assigning any reason whatsoever and without thereby incurring any liability to the affected bidder or bidders on the grounds for the AAI's action. The documentation submitted by tenderers shall not be returned.

1.26. Award of Contract

1.26.1. The acceptance of the tender shall be intimated to the successful bidder(s) by AAI through FAX / letter / telephone / e-mail etc.

1.26.2. AAI shall be the sole judge in the matter of award of contract and the

decision of AAI shall be final and binding. 1.27 Address for Correspondence:

The General Manager (Technical) Airports Authority of India AAI Office Complex, Safdarjung Airport, New Delhi – 110003 Telefax:+11-24629353 E-mail: gmtechchq@aai.aero

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2. SECTION – B: CONDITIONS OF CONTRACT 2.1. Definitions: The 'Contract' means the documents forming the tender, and

acceptance thereof and the formal agreement executed between the Chairman, Airports Authority of India and the contractor, together with the documents referred to therein including these conditions, the specifications, designs, drawings and instructions issued from time to time by the General Manager (Tech) and all these documents taken together shall be deemed to form one contract and shall be complementary to one another.

2.2. In the contract, the following expressions shall, unless the context otherwise

requires, have the meanings, hereby respectively assigned to them:

a) The Chairman means the "Chairman", Airports Authority of India or his successors.

b) The term General Manager (Tech.) means "the head of Technical

Department, Airports Authority of India. c) The Authority or Airports Authority of India shall mean the "Chairman,

Airports Authority of India " . d) General Manager (Tech.) will be in charge of the work and shall sign the

contract on behalf of the Chairman. e) “Acceptance of Tender” means the letter of memorandum communicating

to the Contractor regarding acceptance of his tender. This includes an advance acceptance of his tender.

f) “The Purchaser” means the “Chairman, Airports Authority of India, New

Delhi-110003 or his representative.

g) Stores to be supplied at :- As per name of consignees mentioned in tender document/supply order.

h) “The Contractor” means the persons/firm or company with whom the order

for the stores is placed and shall be deemed to include the contractor’s successors (approved by the purchaser) representatives executors and administrators as the case may be unless excluded by the terms and the contract.

i) “The Inspecting Officer” means the persons, firm or department authorized

by the purchaser to inspect the stores on his behalf. This includes representatives of the inspecting officers so nominated.

j) “Specifications” means a specification accepted or approved by the

purchaser for the compliance by the contractor.

2.3. Parties: The parties to the contract are the Contractor and the Purchaser.

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2.4. Address of the Contractor and Notices and communications on behalf of the purchaser;

2.4.1. For all purpose of the contract, including arbitration their under, the

address of the Contractor mentioned in the tender shall be address to which all communications addressed to the Contractor shall be sent, unless the contractor has notified any change by a separate letter containing the other address for communication and sent by registered post acknowledgement due to the General Manager (Tech.), Airports Authority of India, AAI Office Complex, Safdarjung Airport, New Delhi – 110 003. The contractor shall be solely responsible for the consequence of any omission to notify any change of address in the matter aforesaid.

2.4.2. Any communication or notice on behalf of the purchaser, in relation to

the contractor may be issued to the Contractor by Purchaser and all such communication and notices may be served on the Contractor at his notified address either by registered post or under certificate of posting or by ordinary post or by hand delivery or by e-mail at the option of the Purchaser

2.4.3. Purchaser: Airports Authority of India.

Clauses: 2.5. Compensation of Delay

2.5.1. The contractor is to supply and commission the equipment on or before the dates mentioned in the Order. If the contractor fails to complete the supply/commissioning as per the delivery schedule, the purchaser has the right to cancel the order or get the supplies/equipment from an alternative source at the risk and cost of the contractor. However in exceptional cases, the purchaser may agree to receive the equipment even beyond the delivery schedule subject to levy of Liquidated Damages/penalty calculated @ 0.5% of the basic /FOB value of undelivered portion of supply per week for delays up to two weeks and 1% of the basic /FOB value of undelivered portion of supply per week for delays beyond two weeks and less than four weeks.

2.5.2. The amount of compensation may be adjusted or set-off against any

sum payable to the Contractor under this or any other contract with Purchaser.

2.5.3. If the contractor shall be hindered in the supply of the Airport Rotating

Beacons so as to necessitate an extension of the time allowed in this tender, he shall apply in writing to the General Manager (Tech), who shall grant it in writing if reasonable ground be shown for it and without such written authority of the General Manager (Tech), the contractor shall not claim exemption from the fine livable under the clause.

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2.5.4. The contractor shall give notice to the General Manager (Tech.) of his intention of making delivery of Airport Rotating Beacons, on the items being approved and a receipt shall be granted to him by the General Manager (Tech) or his assistant and no Airport Rotating Beacons will be considered as delivered until so approved.

2.5.5. On the completion of delivery of Airport Rotating Beacons, the con-

tractor shall be furnished with a certificate to that effect by the General Manager (Tech.), but the delivery will not be considered complete until the contractor shall have removed all rejected items, and shall have the approved items stocked or placed in such position as may be pointed out to him.

2.6. If at any time after the commencement of the supplies the Chairman shall for

any reason whatever not require the whole or part thereof as specified in the tender to be supplied, the General Manager (Tech) shall, in addition to his power to annul the contract in case of default on the part of the contractor, have power to terminate all liability of the Chairman there under at any time after giving due notice in writing to the contractor of his desire to do so. In the event of such a notice being given:

2.6.1 The General Manager (Tech) shall be entitled to direct the contractor to

complete the supply of the Airport Port Rotating Beacons which are ready for delivery upto the date of the expiry of the notice and thereafter to cease their supply of all the articles or supplies received and accepted upto that date shall be paid for at the tendered rate; and

2.6.2 The contractor shall have no claim to any payment or compensation

whatsoever on account of any profit or advantage which he might have derived in consequence of the full execution of the contract but which he did not obtain owing to its premature termination, or for any loss which he might have sustained on this account.

Nothing herein contained shall operate to create in favour of the bank any rights or equities vis-a-vis the Chairman.

2.7. The Airport Rotating Beacons shall be of the best description and in strict

accordance with the specifications, and the contractor shall receive payment for such Compressors only as are approved and passed by the General Manager (Tech).

2.8. In the event of the Airport Rotating Beacons being considered by the General

Manager (Tech) to be inferior to that described in the specifications, the contractor shall, on demand in writing, forthwith remove the same at his own charge and cost, and in the event of his neglect to do so within such period as may be named by the General manager (Tech) that officer may have such rejected Airport Rotating Beacons removed at the contractor's expense and the expenses incurred being liable to be deducted from any sums due or which may become due, to the contractor.

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2.9. No Airport Rotating Beacons shall be brought to site or delivered on Sundays and other holidays without the written permission of the General Manager (Tech ).

2.10. This contract shall not be sublet without the written permission of the General

Manager (Tech). In the event of the con tractor subletting his contract without such permission he shall be considered to have thereby committed a breach of contract, and shall forfeit his security deposit and shall have no claim for any compensation for any loss that may accrue from the equipment he may have collected or engagements entered into.

2.11. Airports Authority of India shall not be bound to contest any claim made

against it under Section 12, subsection (1) of the Workmen's Act 1923, except on the written request of the contractor and upon his giving of Authority full security for all costs for which Authority might become liable in consequence of contesting such claim.

2.12. Whenever any claim against the contractor for the payment of a sum or

money arises out of or under the contract, Authority shall be entitled to recover such sum by appropriating, in part or whole, the security deposit of contractor, and to sell any Government Promissory Notes etc., forming the whole or part of such security. In the event of the security being insufficient or if no security has been taken from the contractor, then the balance or the total sum recover-able, as the case may be, shall be deducted from any sum then due or which at any time thereafter may become due from the contractor under this or any other contract with Airports Authority of India. Should this sum be not sufficient to cover the full amount recoverable, the contractor shall pay to Airports Authority of India on demand the balance remaining due.

2.13. Cost of Freight and Insurance

2.13.1. Successful bidder is responsible for delivering the items up to ultimate consignee (Central E&M Workshop , Safdarjung Airport , New Delhi-110003) and shall also make his own arrangement for obtaining Road permits/entry passes for transporting the system to ultimate consignee, however, AAI will provide the requisite documents for obtaining road permits.

2.13.2. Successful Bidder shall arrange insurance up to consignee and bidder shall be responsible for making insurance claims in case of damage or loss of insured items.

2.13.3. The Overseas bidder must indicate the freight & insurance charges of entire supply by Sea/ Air from the country of despatch to Consignee Airport . Total freight and insurance charges for entire supply must be indicated in the pricing schedule & will be taken for the purpose of price comparison. In case of supply by Sea, AAI reserves the right to nominate the freight forwarded for the whole consignment as per Government of India Guidelines. Bidder shall indicate Overseas and Inland Freight and Insurance charges separately.

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2.13.4. Indian suppliers shall quote the price in Indian Rupees for freight & insurance charges from ex-works to the ultimate consignee in the pricing schedule along with other statutory taxes like Excise duty, Sales Tax, etc. Octroi / Entry Tax.

2.14. Custom handling and clearing charges:

Bidder shall indicate the custom handling and clearing charges in INR and payment shall also be made in the same currency either to the bidder or its authorized custom clearing agent as per the quoted value by bidder.

2.15. Taxes, Permits & Licences: 2.15.1 The Contractor shall be responsible for payment of all duties, levies

and taxes lawfully assessed by the appropriate authority under the law of the land. The Purchaser shall have the right to deduct any taxes, duties at source, if liable to do so under any India law.

2.15.2 Service Tax: As per CENVAT Credit rules-2004 the service tax paid by AAI for

Services in India are claimed as 100 % CENVAT credit while discharging AAI’s own service tax liability under the head “Airport service” and will be reimbursed by AAI against proof of payment in form of Service Tax Challan.

OR Otherwise AAI shall calculate the Service Tax on the cost of Services rendered to AAI and deposit to Government of India.

2.15.3 In case, any overseas bidders not having Service Tax number in

India, is obtaining the services of Indian agent then bidder is responsible for paying Service Tax directly to its Indian agent and the same cannot be charged from AAI or otherwise bidder shall indicate the name of Indian agent with his service Tax number who will provide the services on behalf of bidder. Bidder shall give undertaking that in case the Indian Service Provider raises any dispute and financial claim against AAI , the same will be dealt by the foreign supplier at his own risk and cost. AAI shall reimburse service tax directly to Indian agent in INR against his Invoice indicating service Tax number duly endorsed by principal Supplier and obtain the CENVAT benefit towards service Tax.

2.16 Terms of Payment:

2.16.1 In case of Indian Firms:

2.16.1(a) 90% of payment (Basic value of an order) shall be made on satisfactory inspection by AAI’s representative at firm’s premises and despatch of equipment and remaining 10% (of Basic price of the equipment) with all taxes, duties,

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freight, transit insurance, octroi / state entry tax etc. on receipt/commissioning of the equipment at site in good condition on production of receipts/challans, after deducting for security deposit and all other penalties to which the firm might have rendered itself liable as per terms of agreement. Payment/reimbursement against inland freight, insurance, will be released on actual basis or quoted amount whichever is lesser in favour of AAI.

2.16.1(b) In the case of High Sea Sales agreement, 90% payment

of the contract value against proof of despatch of equipment from port of entry to Central E&M Workshop, Safdarjung Airport, New Delhi-110003 and remaining 10% on receipt /commissioning of the equipment in good condition after deducting for security deposit and all other penalties to which the firm might have rendered itself liable as per terms of agreement. Payment/reimbursement against inland freight, insurance, will be released on production of receipts/challans on actual basis or quoted amount whichever is lesser in favour of AAI. The payment/reimbursement towards octroi/state entry tax will be released on actual basis.

2.16.2 In case of Foreign Firms:

a) 90 % of FOB value against despatch proof through opening of irrevocable letter of credit, remaining 10% on receipt of material at site, submission of taking over certificate and security deposit in the form of bank guarantee as per clause 2.22.

b) Insurance & freight charges from Port of Despatch to the Port of

Entry will be paid as per actuals or an amount quoted in the tender whichever is lesser in AAI favour. Above said charges and custom clearing & forwarding charges shall be payable in Indian Rupees either to the bidder or its authorized agent, on production of invoices.

c) Payment of inland transportation / freight charges, insurance

charges and other charges, shall be made either to the bidder to its authorized agent, on receipt of material at site/s after submission of the bills/receipts/challans on actual basis or quoted amount whichever is lesser in AAI favour. Payment / reimbursement towards octroi/state entry tax will be released as per actual.

d) Irrevocable Letter of Credit (LC) shall be opened within one

month by AAI from the issuance of the detailed order. However the payment of security deposit by the supplier and signing of the agreement has to be completed within 15 days of placement of detailed order.

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e) If the supplier needs confirmation of the Letter of Credit, the

confirmation charges are to be borne by the supplier. f) The bank charges for opening Letter of Credit to be levied by

Indian Bankers shall be paid by AAI and that of the foreign Bankers by the supplier.

2.16.3 The security deposit will be released only after successful

completion of the guarantee/defect liability period i.e. two years from actual date of commissioning of the last in India.

2.16.4 Payment shall be made by Corporate Headquarter, Rajiv Gandhi

Bhawan, Safdarjung Airport, AAI, New Delhi after receipt of Invoice raised in the name of Airports Authority of India (AAI) and received by the General Manager (Technical), by Letter of Credit or Electronic transfer.

2.16.5 In either case (FOB or Indian Contract) no advance payment shall

be made. 2.16.6 Part payment shall be released as and when part supply of

equipment is received in lots.

2.17. Packing, Forwarding and Shipment:

2.17.1 The Contractor wherever applicable, shall properly pack all equipment in such a manner so as to protect them from deterioration and damage during Air/Rail/Sea and Road Transportation to the site and the Contractor shall be held responsible for all damages due to improper packing. The cost of damages or replacement of store will be on the account of the Contractor.

2.17.2 The Contractor shall notify the purchaser of the date of each

despatch and the expected date of arrival at the destination, for the information of the Purchaser.

2.17.3 The Contractor shall also give all despatch information concerning

the right size and the content of each packing including any other information’ the Purchaser may require.

2.17.4 The Contractor shall prepare detailed packing list of all packages

and container bundles and loose material forming each and every consignment despatch to site. The Contractor shall further be responsible for making all necessary arrangement at his cost for loading unloading and other handling rights from his works upto the site.

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2.17.5. Supplier has to send the Invoice, packing list etc at least 15 days in advance before the despatch of consignment for the purpose of verification to avoid any delay in custom clearance. Any discrepancy in papers will result in delay in verifying the invoices and packing duties and AAI shall not be responsible for such delay. Any demurrage on this account shall be borne by successful bidder. Supplier has to complete all the documents well in advance for the purpose of custom clearance.

2.18. Submission of Documents :

(a) In Case of Foreign Supplies : The successful bidder shall forward two Nos. of the following documents, one each to the General Manager (Tech.) and the port consignee as soon as goods are despatched. a. Invoice (copy) b. Itemized Packing list with cost of each item.(copy) c. Proof of despatch in the form of Bill of Lading or Air Way Bill

(whichever is applicable) (copy) d. Certificate for Country of origin (copy) e. Factory Acceptance Test report (copy).

(b) In Case of Indian Supplies : The successful bidder shall forward two

Nos. of the following documents, one each to the General Manager (Tech.) and the port consignee as soon as goods are despatched. a. Invoice + 2 copies b. Itemized Packing list with cost of each item + 2 copies c. Certificate of Factory Acceptance Test issued by authorized

representative of AAI. d. Proof of despatch of equipment / items e. Certificate of goods received at site in physically good condition

2.19. Time is the Essence of this Contract: The time and date of completion of

the supply as stipulated in the Purchase Order and accepted by the supplier without or with modification if any and so incorporated in the Purchase order shall be deemed to be the essence of the contract. The contractor shall so organize his resources and perform his work to complete it not later than the specified time.

2.20. Change in Quantity & Variation in Prices: The Purchaser reserves the right

to vary the quantity of items or group of items to be ordered as specified in the accompanying Technical specification as may be necessary, during the execution of the contract; but such variations unless otherwise specified in the accompanying Technical specification shall be limited to 50% of the original quantity ordered during the currency of the contract.

2.21. Security Deposit:

2.21.1 The successful tenderer, awarded with the work, shall furnish Security Deposit, in the form of Bank Guarantee in the following form:

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Bank guarantee to the extent of an amount to a sum equal to @ 10% on first Rupees one Lakh, 7.5% on second Rupees one Lakh and 5% on balance amount of basic cost of ordered value (excluding taxes, duties, transportation charges, if any) to AAI as prescribed in Annexure- IV attached with this tender document, from a Nationalised Bank /Schedule Bank as per RBI Schedule (but not from any co- operative or Gramin Bank), acceptable to the purchaser. This BG shall be submitted within 30 days of placement of detailed order, before the agreement is executed, between the purchaser and the contractor. The security deposit in the form of Bank Guarantee shall remain valid till the expiry of the guarantee and defects liability period of the stores.

2.21.2. No other form of security than the above shall be acceptable. 2.21.3 The bank guarantee to be submitted by the manufacturers /

contractors / suppliers (on whom the contract / order is being awarded) should be sent to Airports Authority of India directly by the issuing bank under Registered Post (AD).

2.21.4 The Contractor further guarantees that, the Airport Rotating

Beacons supplied by him shall be free from all defects in design, material and workmanship and shall, upon written notice from the purchaser fully remit, free of expenses to the purchaser such defects as developed under the normal use of the compressors within a period of guarantee specified in the relevant clause of the general terms and conditions of the Purchase Order.

2.21.5 All manufacturers’ warranties of various unit components of store

will be passed on to purchaser at the time of handing over, of consignment.

2.22. Deductions from Contract Price: All costs, damages or expenses which the

purchaser may have paid, for which under the contract the Contractor is liable, will be deducted from any payments due; or becoming due to the Contractor under this contract.

2.23. Force Majeure Clause:

2.23.1 Force Majeure is herein defined as any cause, which is beyond the control of the contractor or the Purchaser as the case may be which they could not foresee or with a reasonable amount of diligence could not have foreseen and which substantially affect the performance of the contract such as:-

a. Natural Phenomena, including but not limited to floods, riots,

earthquakes and epidemics. b. Acts of any Govt. including but not limited to war declared or

undeclared, priorities, mutiny quarantines embargoes.

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2.23.2 The Contractor or the Purchaser shall not be liable for delay in

performing his obligations resulting from any Force Majeure clause as referred to and or defined above. The date of completion will subject to herein after provided, by extended by a reasonable time.

2.24. Patent Rights and Royalties: Royalties and fees for patents covering

materials, articles, apparatus, devices equipment or processes used in the works shall be deemed to have been included in the contract price. The Contractor shall satisfy all demands that may be made or any time for such royalties or fees and he alone shall be liable for any damages or claims for patent infringements and shall keep the Purchaser indemnified in that regard. The Contractor shall at his own cost and expense, defend all suits or proceeding that may be instituted for alleged infringement of any patents involved in the works and in case of an award of damages , the Contractor who shall also satisfy comply any degree, order, order of award made against the Purchaser. But it shall be understood that no such machine, plant , work material or thing has been used by the purchaser for any purpose or any manner other than that for which they have been furnished and installed by Contractor and specified under these specifications. In the event of any apparatus or equipment or any part there of furnished by the Contractor is in such Suit or proceeding held to constitute infringement, and its use is enjoined, the Contractor shall , at his option and at his own expense, either procure for the Purchaser, the right to continue use of said infringing apparatus or modify it, so it becomes non-infringe.

2.25. Termination of Contract at Purchaser’s Initiative:

2.25.1 The Purchaser reserves the right to terminate the contract either in part or in full due to any reasons other than terms and conditions specified herein, by giving 15 days notice in writing to the contractor of his intention to do so.

2.25.2 The contractor upon receipt of such notice shall discontinue the

work on the date and to the extent specified in the notice, make all reasonable efforts of obtain cancellation of all orders and contracts to the extent they are related to the work terminated and terms satisfactory to the purchaser, stop all further sub-contracting or purchasing activity related to the work terminated.

2.25.3. In the event of such termination the contractor shall be paid

compensation to the actual loss incurred by him, against production of proper proof to the satisfaction of the Purchaser and all material available at site or at the manufacturing unit for which compensation is claimed shall become the property of the Purchaser.

2.26. Arbitration and Laws:

2.26.1 Except where otherwise provided for in the contract all questions and disputes relating to the meaning of the specifications, designs,

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drawings and instructions wherein before mentioned and also as to the quality of workmanship or material used on the work or as to any other questions, claim right, matter or thing whatsoever in any way arising out of or relating to the contract, design, drawing, specifications, instructions, orders or these conditions or otherwise concerning the works, or the execution of failure to execute the same whether arising during the progress of the work or after the completion or abandonment there of shall be referred to Sole Arbitrator as may be appointed by the Chairman, Airports Authority of India. There will be no objection, if the Arbitrator so appointed is an employee of Airports Authority of India and that he had to deal with the matters to which the contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The Arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons. The Chairman, Airports Authority of India at the time of such transfer, vacation of officer on inability to act, shall appoint another person to act as an Arbitrator in accordance with the terms of the contract, and such person shall be entitled to proceed with the reference from the stage at which it was left by predecessor. It shall also form term of this contract that no person other than a person appointed by the Chairman, AIRPORTS AUTHORITY OF INDIA as aforesaid should act as Arbitrator If for any reason that if not possible, though the matter is not to be referred to Arbitration in all cases where the amount of the claim in dispute is Rs. 50,000/- (Rupees Fifty Thousand only) and above the Arbitrator shall give reasons for the award subject as aforesaid the provision of the “Arbitration and conciliation Act 1996” or any statutory modification or re-enhancement thereof and the rules made there under and for the time being force shall apply to the arbitration proceeding under this clause. In case of disputes between two, Govt. of India Undertakings, provisions mentioned in bureau of Public Enterprises letter No Bre/GI-001/16/MAN-2(100-75-BPE) (GM-1) dated 1-1-1976 and its amendments from time shall apply. It is a term of the contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under this clause together with the amounts claimed in respect of each such dispute. The arbitrator (s) may from time with consent of the parties enlarge the time, for making and publishing the award.

2.26.2 The work under the contract shall, if reasonable possibly, continue

during the Arbitration proceedings and no payment due or payable to contractor shall be withheld on account of such proceedings.

2.26.3 The Arbitrator shall be deemed to have entered on the reference on

the date he issued notice to both the parties fixing the date of the first hearing.

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2.26.4 The Arbitrator shall give a separate award in respect of each dispute or difference referred to him.

2.26.5 The venue of arbitration shall be such place as may be fixed by the

Arbitrator in his sole discretion. 2.26.6 The award of the Arbitrator shall be final, conclusive and binding on

all parties to this contract. 2.26.7 This contract shall be governed by the Indian Laws for the time

being in force.

2.27. Inspection or Testing:

2.27.1 Inspecting Authority: The General Manager (Tech.), Airports Authority of India, AAI Office Complex, Safdarjung Airport, New Delhi –110 003 or his authorised representative.

2.27.2 The Supplier shall intimate the Purchaser, when the consignment is

ready for inspection and sampling, in the lots as per tender notice. Each lot before producing for inspection shall be 100% inspected by the quality engineers of the company and certify that Airport Rotating Beacons are confirming to the Technical Specifications and in terms of material, manufacture, process and quality.

2.27.3. The Authority's authorized representative shall have full power to

inspect drawings of any portion of the work, examine the materials and workmanship at the manufacturer's work or at any other place from which the material or equipment shall be despatched. However, any defects so noticed shall in no way relieve the contractor of his responsibility for meeting the requirements of the specifications, but shall have to be paid by the contractor in case the equipment or work is found defective or of inferior quality.

2.27.4. Cost of Inspection:-The contractor shall provide , without any extra

charge , all materials , tools , labour and assistance of every kind which the inspector / Purchaser may demand of him for any test/inspection and examination which he shall require to be so made on the contractor’s premises and shall bear and pay all costs attendant thereon. The cost of travelling , boarding or lodging of AAI Inspecting Officer(s) to the site of inspection shall be borne by AAI.

2.27.5 The Contractor shall give 15 (Fifteen) days written notice of any

store being ready for testing. Cost of such tests shall be to the contractor’s account except for the expenses by the inspector.

2.27.6. Total eight (08) Nos. samples at random shall be drawn by the

Inspector for the purpose of conducting Test of Acceptance as per the Technical Specifications.

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2.27.7 Before despatch of the stores to Airports Authority of India the supplier will carry out a joint inspection alongwith the Designated/Authorized representative of Airports Authority of India. A thorough pre-inspection of each delivery shall be carried out by the supplier to satisfy himself that the stores fully conform to the specifications of the contract as quoted in his tender. The test result obtained in the joint inspection report during pre-inspection shall be submitted along with the consignment tenderer for inspection at the site of delivery.

2.27.8 One point guarantee shall be extended by the contractor for all

equipment / appliances, components, sub-assemblies used in the equipment / appliances supplied by the contractor.

2.27.9 Routine type tests for the various items of equipment shall be

performed at the manufacturer's works and test certificates furnished. The contractor shall permit the Authority's authorized representative to be present during any of, or all, the tests. After notification to the Authority that the airport rotating beacons are ready for despatch, the contractor shall make under the direction and in the presence of the General Manager (Tech.) or his authorized representative such tests and inspection as have been specified or as the General Manager (Tech.) or his authorized representative shall consider necessary to determine whether or not the full intent of requirements of the drawings and specifications have been fulfilled. In the event of the Inspection and or tests proving unsatisfactory and resulting in non-acceptance of the item or any portion whereof, the cost re-inspection and/or tests (including the traveling and halting expenses incurred if any or such portion thereof as may be determined by the competent authority) shall be borne by the contractor.

2.27.10 The Test of Acceptance shall be carried out by Inspector, at

manufacturer’s premises, if approved test facilities exist for all tests or part thereof. In case test facilities are not available samples shall be sent for testing to any approved test laboratories at the cost and responsibility of supplier.

2.27.11 Every Airport Rotating Beacon including the ones sent for testing

shall be marked by inspector for identification /certification. 2.27.12 The supplier shall despatch the consignment after receipt of

satisfactory test report from inspector/approved test laboratory. 2.27.13 The Purchaser or his duly authorized representative shall have at all

reasonable time access to the store being installed and shall have the powers at all reasonable time to inspect and examine the material and workmanship of the equipment during the manufacturing facility.

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2.27.14. The Inspector shall within 15 (fifteen) days from the date of inspection give notice in writing to the Contractor of any objection to any store and workmanship which in his opinion is not in accordance with the contract. The Contractor shall give due consideration to such objections and shall either make the modification that may be necessary to meet the said objections or shall confirm in writing to inspector that no modifications are necessary to comply with the contract.

2.27.15. When the factory inspection/test has been completed at

Manufacturer(s) work place the Inspector shall issue a certificate to this effect within 15 (fifteen) days after completion of test. But, if the tests are not witnessed by the Inspector, the certificate shall be issued by him within 15 (fifteen) days of the receipt of Contractor’s test certificate. Failure of the Inspector to issue such certificate shall not prevent the Contractor from proceeding with the works.

2.27.16 Inspection by inspector and issue of Inspection Certificate thereon

shall in no way limit the liabilities and responsibilities of the contractor.

2.28. Rejection of Defective Plant:

2.28.1. If equipment or its part thereof, being rejected by the inspector or purchaser the contractor fails to make satisfactory supplies or rectify the faulty work thus executed within the stipulated period of delivery/completion period, the purchaser shall be at liberty to:

i. Allow the contractor to re-submit the equipment or parts in

replacement of those rejected, within a time to be specified, the contractor bearing the cost of freight if any, on such replacement without being entitled to any extra payments on that account; or

ii. Purchase/execute or authorise the purchase/execution of

quantity/work of the equipment or parts rejected or others of a similar description (when equipment or parts exactly complying with specifications are not in the opinion of the purchaser which shall be final, readily available) to the contractor at his risk and cost and without affecting the contractor's liability as regards supply under the contract; or

iii. Cancel the contract and purchase/execute or authorise the

purchase/execution of the equipment or others of a similar description (when equipment or parts exactly complying with specifications are not in the opinion of the purchaser, which shall be final, readily available) at the risk and cost of the contractor. In the event of action being taken under such clause above or this clause the provision of delivery clause apply as far as applicable.

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2.28.2. Inspector's decision as to rejection final: - The Inspector's decision as regards the rejection shall be final and binding on the contractor.

2.29. Delivery of Stores/Equipment:

2.29.1 The time allowed for completion of supply is 06 months which shall be reckoned from the 15th day of placement of supply order.

2.29.2 A completion certificate will be issued by the purchaser after

satisfactory delivery/commissioning of store at site.

2.30. Defence of Suits: If any action in court is brought against the Purchaser or an officer or agent of the Purchaser for the failure of neglect on the part of the Contractor to perform any acts, matters, covenants or things under the contract, or for damage or injury caused by the alleged omission or negligence on the part of the Contractor, his agent, representatives or his sub-contractors, workman, suppliers or employees the Contractor shall in all such cases indemnify and keep the Purchaser, harmless or indemnified against and from all to liabilities incurred or arising of such action.

2.31. Bye Laws:

2.31.1 The contractor shall comply with all bye-laws and regulations of local and statutory authorities having jurisdiction over the works and shall be responsible for payment of all fees and other charges and the giving and receiving of all necessary notices and keep the General Manager (Tech.) informed of the said compliance with the bye-laws, payment made, notices issued and received.

2.31.2 The contractor shall indemnify the Authority against all claims in

respect of patent right, design, trademarks of name or other protected rights in respect of any plant, machine work or equipment used for or in connection with the works or temporary works and against all claims, demands, proceedings, cost, charges and expenses whatsoever in respect of or in relation thereto. The contractor shall defend all action arising from such claims and shall himself pay all royalties, license fees, damages, cost and charges of all and every sort that may be legally incurred in respect thereof.

2.32. Contract Document: The agreement shall be executed on a non-judicial

stamp paper of value of Rs.100/- (Rupees one hundred only) and cost of the stamp paper shall be borne by contractor.

2.33. The contractor shall not be entitled for any extra payment whatsoever on

account of above special conditions of contract. 2.34. The conditions published in the News Paper while inviting tender,

specifications, Undertaking from the tenderer, information to be tenderer, Profoma for Bank guarantee for contract performance and equipment

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performance and General Terms and Conditions of purchase order shall form part of this contract agreement.

2.35. The scope of work includes selection of proper material, labour and to

manufacture to the highest standards & finish. Proper care shall be taken for the best workmanship of the manufacture.

2.36. The tenderers shall quote their rates in the (Financial Bid) only. 2.37. The Airport Rotating Beacons shall be handed over to the consignee, General

Manager (Technical ), AAI, Central E&M Workshop , Safdarjung Airport , New Delhi – 110003

2.38. After completion of supplies the firm shall submit bill in triplicate along with

excise duty, VAT, gate pass, sales tax declaration and guarantee certificate etc.

2.39. Terms availability of Spares

2.39.1. The contractor shall guarantee the availability of spares to the purchaser for a period of seven years as and when demanded. The contractor shall guarantee that before going out of production of spare parts of the equipment covered under the contract even after seven years , he shall give the purchase at least 12 months advance notice so that the later may order his bulk requirements of spares if he so desires. The same provision will also available to sub-contractors.

2.39.2. The contractor shall provide to the purchaser with a “Directory” of

subcontractors giving full addresses and other particular etc. The Purchaser so desires, shall have the right to procure the spares directly from the sub contactors.

2.40. Instruction Manuals

2.40.1. The contractor shall submit instructions Manuals for all the equipment covered under the contract within the time agreed upon between the Purchaser and Contractor. Instructions Manual shall contain full details and drawings of all the equipment, testing operation, installation and maintenance procedures of the equipment.

2.40.2. The contractor shall also provide spare parts catalogue to the

purchaser. 2.41. Training

2.41.1. Contractor shall impart training to the Purchaser’s staff whom the purchaser may nominate from time to time for proper operation and maintenance of the Equipment/Appliance. Cost for providing such

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training in India or abroad shall be deemed to have been included within the cost quoted for equipment/Appliances. Expenses on travelling, Lodging and Boarding of AAI officials shall be on AAI account

2.41.2. Such types of on job training at consignee place, New Delhi on all

aspects of operation and maintenance shall be provided by the contractor or his authorized representative to the concerned AAI officials/operators/users for a period of 02 working days.

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3. SECTION – C: SPECIAL CONDITIONS Name of work: Supply of 25 Nos. Airport Rotating Beacons (ARB) at

Safdarjung Airport, New Delhi. 3.1. The following special conditions shall be read in conjunction with

General Conditions of contract and amendments / corrections thereto. If there are any provisions in these Special Conditions which are at variance with the provisions in the mentioned documents, the provisions in these special conditions shall take precedence.

3.2. Inspection of Site: For the purpose of inspection of site and relevant

documents, the contractor is required to contact the concerned General Manager (Tech) who shall give reasonable facilities for inspection of the same. The contractor shall be deemed to have satisfied himself as to the nature of the site of work, local facilities of access availability of equipment and all other matters affecting his prices for the execution and completion of work. He is required to make himself fully acquainted with the nature and scope of works.

3.3. Sufficiency of Tender: The contractor shall be deemed to have

satisfied himself before tendering as to the correctness and sufficiency of his tender for the works and of the rates and prices quoted in the Schedule of Works/Items/Quantities or in Bills of Quantities which rates and prices shall, except as otherwise provided, cover all his obligations under the contract, and all matters and things necessary for the proper completion and maintenance of the works.

3.4. Contractor's Representatives, Agents and Workmen: The

contractors shall employ only Indian Nationals and verify their antecedents and loyalty before employing them on the work. He shall ensure that no person of doubtful antecedent and nationality is in any way, associated with the works.

3.5. Stores and materials: All the stores and materials except materials

stipulated for issue by the Authority, required for the satisfactory completion of the work shall be arranged by contractor from his own sources/open market. No claim whatsoever shall be entertained by the Authority on account of delay in either providing these materials or non-availability of these materials in the market.

3.6. Site for Plants, Equipment and Stocking of materials: The

contractor shall stock materials at the site of work strictly as per the instructions of General Manager (Tech.) keeping in view the operational requirements of the Director General of Civil Aviation and Airports Authority of India.

3.7. Co-ordination: The contractor shall cooperate with Authority's other

contractors, compare plans, specifications and time schedules and so

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arrange his work that there will be no interference. The contractor shall forward to the General Manager (Tech) all correspondence and drawings so exchanged. Failure to check plans and conditions will render the contractor responsible for bearing the cost of any subsequent change found necessary.

3.8. Standard for workmanship: To determine the acceptable standard of

workmanship, the contractor shall execute a portion of the items of work as a sample for approval of General Manager (Tech) before taking up the actual execution of the particular item of work. These samples on approval of the General Manager (Tech) shall be guiding samples for execution of the particular item of work. Work not conforming to approved samples shall be rejected.

3.9. Programme of work and Progress Reports: The contractor shall

submit within fourteen days from the date of acceptance of the tender, detailed schedule showing the program and order in which the contractor proposes to carry out the work with dates and estimated complete on times for various parts of the work. Such schedules shall be got approved from the General Manager (Tech) before starting of the work and shall be bound on the contractor. If required by the General Manager (Tech), contractor shall furnish fortnightly or other periodical progress reports.

3.10. Guarantee and Defects Liability Period: The contractor shall

guarantee that the equipment shall be free from any defect due to the defective material and bad workmanship and that the equipment shall operate satisfactorily and that the performance and efficiencies of the equipment shall not be less than the guaranteed values. The guarantee shall be valid for a period of twenty four months from the date of commissioning. Any parts found defective during guarantee period shall be replaced by the contractor without any charges what so ever. The services of contractor's personnel if requisitioned during this period, for such work shall be made available free of any cost to the Authority.

If the defects are not remedied within a reasonable time as mentioned

in the written notice, the Authority shall proceed to do so at the contractor's risk and expense without prejudice to any other right.

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4. SECTION D: TECHNICAL SPECIFICATIONS - AIRPORT ROTATING BEACONS

1. The Technical Specification of the Airport Rotating Beacons should be in

compliance with the FAA’s standard: FAA AC 150/5345-12:L-802A (latest edition dated Sept. 24, 2010) and the detail given below at para2.

2. The main features of Airport Rotating Beacon are: a. The beacon must be designed as a rotating type using steady – burning

lamps to operate from a standard line voltage of 220 Volt , 50 Hertz , alternating current

b. The Beacon shall show green flash alternating with white flash. c. The frequency of total flashes shall be from 20 to 30 per minute. d. The Beacon must appear, at any point throughout 360 degree azimuth, as

a light source emitting flashes of white and / or coloured light rates, colour and intensities.

e. Effective light intensity must be as per the following details: Note: the intensities are expressed in white light.

The effective intensity of coloured lights must not less than the values specified for white light multiplied by the following factors:- Yellow- 0.40, Green – 0.15.

f. The vertical light distribution shall extend upwards from an elevation of not

more than 1 degree to an elevation determined by the appropriate authority to be sufficient to provide guidance at a maximum elevation at which the beacon is intended to be used and the effective intensity of the flash shall not less 2000 cd.

g. The lamps used in beacon must be with a minimum rated life of atleast

4000 hours at rated voltage.

h. Drive motors used on beacons must have sufficient torque capacity to both start and operate the beacon under the environment conditions given

i. Beacon should incorporate an additional bulb which will take place of the

bulb in operation in case of getting fuse automatically & gives the indication accordingly and / or conforming FAAAC 150/5345-12E-802 – Advisory Circular.

3. Test Procedure: Test Procedure for acceptance will be as per Chapter 4 of

FAA AC 150/5345-53-12E-802 – Latest Edition.

Beacon Type Elevation Angle in degrees

Minimum Effective Intensity of Flash in cd

L-802A 1 and 2 37500 3 to 7 75000

8 to 10 37500

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4. Spares: AAI may place a purchase order for common replacement spares costing upto 4 % of the ARBs along with detailed order. The firm shall submit scanned copy of common replacement spares as given in Annexure-II without indicating price in the list. (Note: please see clause no. 1.20.3)

5. Tools & Maintenance Kit: Tools necessary for routine testing and servicing shall be provided with each

set along with one set of maintenance spares. 6. Warranty: Airport Rotating Beacons shall be supplied with warranty against

manufacturing defects for 24 months from the date of commissioning. 7. Instruction Book and Parts Catalogue: An instruction book in English, for the guidance of user including both

operating & normal maintenance procedure and safety precautions shall be supplied. The book must include on itemized and illustrated spare parts list, giving reference numbers to all parts.

8. Corrosion Protection: Beacon metallic surfaces must be protected from corrosion. Exterior surface

must be painted with a primer coat and two finish coats of paint. The colour must either international orange, colour code 12197, or aviation yellow colour no. 13538.

9. Name Plate: Permanent plate with the following minimum information must be affixed to

the beacon:- Light Beacon i. Identification No. : FAA L-............... ii. Voltage: ...... Wattage : ....... iii. Manufacturer’s Part No.: ........... iv. Manufacturer’s Name or Trade Mark :...............

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ANNEXURE-I

ACCEPTANCE LETTER (on Company’s Letterhead)

SUPPLY OF 25 Nos. AIRPORT ROTATING BEACONS AT SAFDARJUNG

AIRPORT , NEW DELHI I/We hereby tender for the execution for the Chairman, Airports Authority of India, of the supply specified in the underwritten memorandum within the time specified in such memorandum at the rates specified therein, and in accordance in all respects with specifications, design, drawings and instructions in writing referred to in Rule-1, hereof and the conditions of contract, design, and with such the items as are provided for, by and in all respects in accordance with such conditions so far as possible. 2. Memorandum :

(a) General description :

Supply of 25 Nos. Airport Rotating Beacons (ARB) at Safdarjung Airport , New Delhi.

(b) Estimated Cost : Rs.85,66,439/- (c) Earnest money : Rs.2,14,161/- (INR two lacs fourteen thousand

one hundred sixty one only)Or Or US$ 3393 (US Dollar three thousand three hundred ninety three only) Or €3133 (Euro Three thousand one hundred thirty three only)

(d) Security Deposit : The successful tenderer, awarded with the work, shall furnish Security

Deposit, in the form of Bank Guarantee in the following form: Bank guarantee to the extent of an amount to a sum equal to @ 10% on first Rupees one Lakh, 7.5% on second Rupees one Lakh and 5% on balance amount of basic cost of ordered value (excluding taxes, duties, transportation charges, if any) to AAI as prescribed in Annexure- IV attached with this tender document, from a Nationalised Bank /Schedule Bank as per RBI Schedule (but not from any co- operative or Gramin Bank), acceptable to the purchaser. This BG shall be submitted within 30 days of placement of detailed order, before the agreement is executed, between the purchaser and the contractor. The security deposit in the form of Bank Guarantee shall remain valid till the expiry of the guarantee and defects liability period of the stores.

(e). Time allowed for the work from the date of written order to commence as detailed below:

(i) Commencement of work __01__ month of Purchase Order. (ii) Time for entire supply ___06 months of Purchase Order.

3. Should this tender be accepted, in whole or in part, I/We hereby agree (i) to

abide by and fulfill all the terms and provisions of the said conditions annexed hereto and all the terms and provisions contained in notice inviting tenders so far as applicable and/or in default thereof forfeit to and pay to the Chairman, Airports Authority of India or his successors in office the sum of money mentioned in the said conditions.

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4. A sum of Rs. 2,14,161/- Or Or US$ 3393 (US Dollar three thousand three

hundred ninety three only) Or €3133 (Euro Three thousand one hundred thirty three only) is hereby submitted as earnest money deposit through the E-Tender portal via bank transfer in the form of RTGS/NEFT.

5. I/We agree to execute all the works referred to in the tender documents upon the terms and conditions contained in Tender Document, to make any alterations in, omissions from, additions to or substitutions for, the original specifications, drawings, designs, and instructions mentioned herein and to carry out such deviations as may be ordered up to a maximum of 50% of the ordered quantity at the rates quoted in this tender document, if the repeat order is placed within one year of placement of the original award letter.

6. It is clarified that after unconditionally accepting the tender conditions in its entity it is not permissible to put any remarks/conditions (except unconditional rebate on quoted rates if any) in the financial bid and the same has been followed in the present case. In case this provision of the tender is found violated, we agree without prejudice to any other right or remedy, AAI be at liberty to forfeit the full said earnest money absolutely.

7. That, I/We declare that I/We have not paid and will not pay any bribe to any

officer of AAI for awarding this contract at any stage during its execution or at the time of payment of bills, and further if any officer of AAI asks for bribe / gratification, I will immediately report it to the Appropriate Authority in AAI.

Dated the _____________ day of ______________2015. Signature of contractor before submission of tender Name : __________________ Address : __________________ Contact No. __________________ Fax ___________ E.mail ______________ Signature of witness to contractor's signature. Name _______________________________ Address______________________________ Contact No. __________________ Fax ___________ E.mail ______________ The above tender is hereby accepted by me on behalf of the Chairman, Airports Authority of India. Dated the ________________ day of _____________2015.

Signature of the officer by whom accepted.

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ANNEXURE – II

‘Annexure – II’ for price of common replacement spares

for All Bidders

E-Tender format for filling Financial bid NAME OF THE WORK: Supply of common replacement spares for ARB

Sl. NoParticulars of common replacement spares

Unit Rate

Qty Amount

i) ii) iii). iv) v) vi)

vii) Total Conversion rate in Indian Rupees _____________________ (applicable in case of foreign firms) Note : -

01. In case of foreign bidders: a. Rate means FOB in Euro/Dollar + Overseas Freight in Euro/Dollar +

Overseas Insurance in Euro/Dollar + Customs Duty in INR + Custom Clearing Charges in INR + Inland Freight in INR + Inland Insurance in INR + other charges in INR.

b. For the purpose of Financial evaluation, prices by the bidder in a currency other than Indian Rupees will be converted into Rupees as TT Selling Rates, on the date of opening of tender (Prequalifying Bid) as notified in “The Economic Times” on the following day.

02. In case of Indian Manufacturer: Rate means Basic Value + Excise Duty + Packing & Forwarding + Sales Tax/VAT (without form C & D) + Inland Freight + Inland Insurance + other charges in Rupees.

03. In case of Firms quoting on High Sea Sales Basis: Rate means Landed Price (CIF Cost) + Custom Duty + Custom Clearing Charges + Inland Freight + Inland Insurance + other charges.

04. Unit rate for components of price in the format are based on average basis.

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ANNEXURE – III(a)

FINANCIAL BID (INDICATIVE) FOR INDIAN FIRMS QUOTING IN INDIAN RUPEES

E-Tender format for filling Financial bid

Subject: Supply of 25 Nos. Airport Rotating Beacons (ARB)

Sl. No. Particulars Per Unit Price (in Rupees)

Amount (For 25 Nos.) (in Rupees)

1 Rate 2 Excuse Duty 3 Packing & Forwarding 4 Sales Tax/ VAT without Form C

& D

5 Inland Freight 6 Insurance – Inland 7 Other Charges TOTAL

NOTE :- 1) Rate means Basic Value Ex-Works in Indian Rupees. 2) Excise Duty, Sale Tax/VAT, Transportation, Transit Insurance and any other

charges should be clearly and firmly quoted. AAI will not provide any Form ‘C’ and ‘D’.

3) Inland freight means Transportation charges up to consignee’s place in Indian Rupees

4) Insurance – Inland means Transit Insurance Charges upto consignee’s place in Indian Rupees.

5) Other charges means any other charges in average which are not mentioned above in the price bid.

6) Unit rate for components of price in the format are based on average basis. 7) Octroi / State Entry Tax shall be paid by AAI as per actual, on production of

documentary proof.

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ANNEXURE – III(b)

FINANCIAL BID (INDICATIVE)

FOR INDIAN FIRMS QUOTING IN INDIAN RUPEES ON THE BASIS OF HIGH SEA SALE AGREEMENT

E-Tender format for filling Financial bid Subject: Supply of 25 Nos. Airport Rotating Beacons (ARB) at Safdarjung

Airport , New Delhi

Sl. No.

Particulars Per Unit Price in Rupees

Amount in Rupees

(For 25 Nos.)

1 Rate 2 Custom Duty 3 Custom Clearing Charges 4 Inland Freight 5 Insurance-Inland 6 Other Charges TOTAL

NOTE :- 1.1 Rate means Basic value which is equal to CIF charges (FOB price + Overseas Freight +

Overseas Insurance) in Indian Rupees (INR) 1.2 Inland Freight means Inland freight of goods from port of entry to the sites including

loading and unloading in Indian Rupees 1.3 Insurance-Inland means Inland Transit Insurance from port of entry to the sites in

Rupees 1.4 Other charges mean any other charges wherever applicable and which are not

mentioned above in the price bid. 1.5 Unit rate for components of price in the format are based on average basis. 1.6 Octroi / State Entry Tax shall be paid by AAI as per actual, on production of

documentary proof.

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ANNEXURE – III (c) FINANCIAL BID (INDICATIVE)

FOR FOREIGNS FIRMS QUOTING IN US $ / EURO E-Tender format for filling Financial bid

NAME OF THE WORK: Supply of 25 Nos. Airport Rotating Beacons (ARB)

Sl. No.

Particulars Unit Rate

Amount

1 Rate 2 Overseas freight 3 Insurance – Overseas 4 Custom Duty [@26.428% of assessable value] 5 Custom Clearing Charges 6 Inland Freight 7 Insurance-Inland 8 Other Charges Total Cost (1+2+3+4+5+6+7+8)

Conversion rate in Indian Rupees _____________________ Note : -

1) Rate means FOB charges in USD / Euro 2) Overseas freight means Freight Value from port of despatch to port of entry in

Indian Rupees (INR) 3) Insurance overseas means Insurance Value from the port of despatch to port of

entry in Indian Rupees (INR) 4) Assessable value will be taken as 1.01 times of CIF Value. CIF Value means Rate

(cost)+ Overseas Freight + Insurance Overseas (1+2+3) 5) Inland Freight means Inland freight of goods from port of entry to the sites including

loading and unloading in Rupees 6) Insurance-Inland means Inland Transit Insurance from port of entry to the sites in

Rupees 7) Other charges mean any other charges which are not mentioned above in the price

bid. 8) Unit rate for components of price in the format are based on average basis 9) Insurance & freight charges from Port of Despatch to the Port of Entry will be paid

as per actuals or an amount quoted in the tender whichever is lesser in favour of AAI and payable in Indian Rupees.

10) For the purpose of Financial evaluation, prices by the bidder in a currency other than Indian Rupees will be converted into Rupees as TT Selling Rates, on the date of opening of tender (Prequalifying Bid) as notified in “The Economic Times” on the following day.

11) It will be responsibility of Bidder to find out and fill correct custom duty applicable in the above case. The custom duty will be directly paid by AAI. The release of payment shall be by adjusting custom duty on actual basis or the custom duty quoted in the Financial bid whichever is lesser.

12) Bidder has to calculate custom duty on imported items @ 26.428% of assessable value. Any deviation in custom tariff due to reclassification or change in custom duty rates by Govt. of India will be on account of AAI.

13) Octroi / State Entry Tax shall be paid by AAI as per actual, on production of documentary proof.

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ANNEXURE – IV

PROFORMA FOR BANK GUARANTEE – Security Deposit

(On Non-Judicial stamp paper of appropriate value)

In consideration of the Chairman, Airports Authority of India [hereinafter called ”AAI”] having offered to accept the terms and conditions of the proposed agreement between ……………………………… and ……..……..………………….. [here-in-after called “the said Contractor(s)”] for the works ……………………………………………….. [here-in-after called “the said agreement”] vide Order no. ……………………………… Dated …………………, having agreed to production of irrevocable Bank Guarantee for Rs.……………….. (Rupees……………….only) as a security / guarantee from the contractor(s) for compliance of his obligations in accordance with the terms

and conditions in the said agreement. We…………………………. (indicate the name of the Bank) [hereinafter referred to as “the Bank”] hereby undertake to pay to the Chairman, AAI an amount not exceeding Rs…………………… (Rupees…………………only) on demand by AAI.

2. We…………………………(indicate the name of the Bank) do hereby

undertake to pay the amounts due and payable under this Guarantee without any demure, merely on a demand from AAI stating that the amount claimed is required to meet the recoveries due or likely to be due from the said contractor(s). Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs………….. (Rupees …………………….. only).

3. We, the said bank further undertake to pay to the Chairman, AAI any money

so demanded notwithstanding any dispute or disputes raised by the contractor (s) in any suit or proceeding pending before any court or tribunal relating thereto, our liability under this present being absolute and unequivocal.

4. The payment so made by us under this bond shall be a valid discharge of our

liability for payment there under and the contractor(s) shall have no claim against us for making such payment. We……………………………(indicate the name of the bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of AAI under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till Project-in-charge on behalf of AAI certified that the terms and conditions of the said agreement have been fully and properly carried out by the said contractor(s) and accordingly discharges this guarantee.

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5. We ………………………(indicate the name of the bank) further agree with AAI that AAI shall have the fullest liberty without our consent and without effecting in any manner our obligations hereunder to vary any of terms and conditions of the said agreement or to extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by AAI against the said contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relived from our liability by reason of any such variation, or extension being granted to the said contractor(s) or for any forbearance, act or omission on the part of AAI or any indulgence by the AAI to the said contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect so relieving us.

This guarantee shall not be discharged due to the change in the constitution of the Bank or the contractor(s).

We…………………….(indicate the name of the bank) lastly undertake not to revoke this guarantee except with the previous consent of AAI in writing.

6. This guarantee shall be valid upto …………..unless extended on demand by

AAI. Notwithstanding anything mentioned above, our liability against this guarantee is restricted to Rs………… (Rupees ……………………..only) and unless a claim in writing is lodged with us within six months of the date of expiry or the extended date of expiry of this guarantee all our liabilities under this guarantee shall stand discharged.

Dated the ………….(day) of……….. …. (Month), ……(Year)

For …………………………. (indicate the name of bank).

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ANNEXURE – V

High Seas Sale Agreement (on Rs. 100 Stamp Paper)

(Applicable only for the bidder participating under High Seas Sale Agreement)

Seller Buyer ___________________________ General Manager (Tech.) ___________________________ Airports Authority of India ___________________________ New Office Complex, ___________________________ Safdarjung Airport,

New Delhi–110 003 High Seas Sales Agreement No. ________________________ Know all men by these present that we ___________________ (seller), address___________________, made this High Seas Sale Agreement on __________ (date), as per following terms and conditions: Name of Seller : IEC Code of Seller : Name of Buyer : Airports Authority of India AAI Office Complex Safdarjung Airport New Delhi – 110003 IEC Code of Buyer : 0599039876 Name of Foreign supplier : Description of Goods : Total Quantity : Buyer’s Order No. & date : H.S.S. Value : Country of Origin : Bill of Lading No. & Date : Port of Shipment : Port of Discharge : Import Licence No. : Payment : DELIVERY All rights and title of the above goods will be transferred by Sellers to the actual Buyer by endorsing the above Bill of Lading in favour of the said Buyer after the documents have been retrieved from the bank.

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IMPORT DUTY AND CUSTOM CLEARANCE In view of the disposal of the goods on High Seas Sales, the Seller shall arrange clearance of the goods from the Customs on behalf of the Buyer at his sole risk and responsibility and the Custom Duty will be borne by the Buyer. But the seller is not responsible for any demurrage due to delay in payment the custom duty which will be to buyers account. OTHER TERMS & CONDITIONS Apart from the HSS (High Seas Sales) value as mentioned above, the buyer shall reimburse Custom Clearance Charges, Inland Freight, Insurance Inland & other charges as per agreed terms. SALES TAX No Sales Tax will be charged as above goods are being sold to the actual buyer on High Seas Sales Basis. INSURANCE CLAIM As regards and loss damages / shortages and or any other claim to the consignment Buyer shall nominate and subrogate rights to the seller to recover the amount from the insurance company / shipping agencies and / or customs authorities and enable the seller to deal with concerned authority In witness thereof the seller and actual buyer here to have act their respective hands on the date mentioned above. Please return to us the duplicate copy of this contract duty sealed and signed. SELLER BUYER WITNESS WITNESS