notice inviting e-tender airports...
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NOTICE INVITING E-TENDER
AIRPORTS AUTHORITY OF INDIA GOA AIRPORT, GOA – 403801.
Airports Authority of India, Goa Airport invites tenders [through e-tendering process for grant of LICENSE FOR OPERATION OF CAR RENTAL / MAXI CAR SERVICES FACILITY at Arrival Hall, New Integrated Terminal Building of Goa Airport. The said facility for a period of 5 (five) years with a Minimum Reserve License Fee of Rs 1,10,000/- (Rupees One lacks and ten thousand only) per month plus service tax and applicable utility charges @ 10% on the normal space rent. For details regarding eligibility criteria and other detailed tender conditions visit AAI website www.aai.aero and portal address https://etender.aai.aero/irj/portal. Last date for uploading the tender is 30.06.2015 upto 1500 hrs
R.V.S.Murthy
Sr. Manager (Comml.) For AIRPORT DIRECTOR
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Cost of E-tender Document Rs. 2,000/-[Including all Taxes]
E-tender Document No. AAI/Car Rental /ET/2015
SUBJECT: NOTICE INVITING E-TENDER OF LICENSE FOR OPERATION OF CAR RENTAL SERVICES / MAXI CAR SERVICES FACILITY AT
ARRIVAL HALL, NITB OF GOA INTERNATIONAL AIRPORT.
01 Index
1 Page
02 Notice Inviting E-tender 3 pages
03 General Information & Guidelines
4 Pages
04 Form of E-tender (e-financial bid)
Available at e-portal
05 Acceptance Letter 1 Page
06 License Agreement
12 Pages
07 Exit Clause 1 Page
08 Fire Extinguisher Clause 2 Pages
09 Additional Fire Clause 1 Page
10 Form of Bank Guarantee
2 Pages
11 Special Terms & Conditions for Car Rental
Services
2 Pages
12 E-Tendering guidelines to the bidders 2 Pages
13 Location Map 1 Page
R.V.S.Murthy Senior Manager - Commercial
SIGNATURE OF ISSUING AUTHORITY
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भारतीय विमानपत्तन प्राधिकरण
AIRPORTS AUTHORITY OF INDIA
गोिा अतंरााष्ट्रीय विमानपत्तन
GOA INTERNATIONAL AIRPORT.
Phone (0832) 2541730, Fax (0832) 2541610
No.AAI/GOA/R-5(A)(Car Rental – Arrival)/2015 Date: 05.06.2015 E-NOTICE INVITING TENDER
E-tender in the prescribed form duly sealed are hereby invited for
granting license for the following:-
Name of the Facility with location
Earnest Money Deposit
Minimum Reserved License Fee
Award of License for
Operation of Car Rental / Maxi Car Services
facility at NITB, Goa.
Location : Arrival Hall
Area : 10 sqmtr approx.
Rs.1,32,000/-
(Rupees One Lakh and thirty two
thousand only).
Rs.1,10,000/- (Rupees One Lakhs
and ten thousand only) per month
whichever is higher
+ Utility Charges + Service Tax as
applicable Note:
(a) Offers below MRLF will not be considered for award. Award letter is to be issued H1 only.
(b) Utility charges chargeable @ 10% on applicable space rent subject to
annual compound escalation @ 10% wef 1st of April every year. Present space rent is Rs 1540/- per sqmt/month.
© In case of any increase in the area for the said license, the license fee shall be enhanced on pro-rata basis.
(d) The successful bidder is liable to pay all Govt. Taxes including Service Tax
applicable at the rates declared by Govt. of India / State Govt. / Union Territory from time to time.
(e) Gestation period of 30 (thirty) days or actual commencement of business operation whichever is earlier, will be permitted. The billing will be started from the date of above.
(f) All the documents should be in the name of tenderer only. Tender cost & EMD amount should be remitted in the name of tenderer only.
2. The contract period is 05(five) years. 3. The parties fulfilling the following eligibility criteria are eligible to
participate in the tenders:- Parties having 3 (three) years experience in managing same type of business and having a ownership of minimum 25 Non-A/c and 5 A/c Cars duly registered in the name of the tenderer. (Copy of Registration Certificate as well as Insurance certificate for ownership of above cars should be submitted in e-technical bid)
The parties as per (a) should have an annual turnover of Rs.6,60,000/- in any one of the last 5 (five) financial years with at least 50% of the annual turnover i.e. Rs.3,30,000/- from the same kind of business for which experience has been claimed. The turnover details should be duly certified by a Chartered Accountant. In case of multiple business of a company then the breakup of the turnover with the
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specific requirements of the tendered facility should be submitted duly certified by the Chartered Accountant.
4. Only one tender document shall be sold to a single party either a firm or an
individual. The proprietor of more than one company or firm will be considered
as single party and one legal entity.
5. Any party either a firm or an individual falling under the following categories is
not eligible.
a) De-barred/black listed by CBI or Airports Authority of India or
undertakings/Departments like Railways, Defence or any other
Department of Government of India and State Government. Dept. of
Commercial at RHQ/Airports is to maintain records of such
debarred/black-listed parties in consultation with Vigiliance Dept. of CHQ.
A declaration to this effect is also to be obtained from the party submitting
the tender documents.
b) Parties facing action under PPE Act, with AAI.
c) Parties either an individual or a business establishment, who has been
ordered by a Court of Law to pay the outstanding dues of AAI at any of the
airports as a whole and has not paid such dues to AAI shall also not be
eligible for the tender.
Note: A declaration to this effect has to be given by the party, while submitting
tender documents in Envelope “A” 6. (a) Tender documents indicating full details of the license can be seen at AAI
website www.aai.aero or www.airportsindia.org
(b) The tendering process is online through AAI e-tender portal http://etender.aai.aero/irj/portal
(c) The bids shall be submitted on the AAI e-tender portal only.
(d) The bids will not be accepted in any other form.
(e) Tenderers are advised to get themselves acquainted with the requirement
for e-tendering at AAI e-tendering portal mentioned above.
(f) Clarification needed, if any may be sent through e-tendering portal only.
7. Cost of e-tender amounting to Rs.5,000/- (Rupees Five thousand only) non-
refundable payment [Including all taxes] is required to be paid online
through HDFC payment Gateway provided at the portal itself.
8. E-bids shall be submitted in two bid system as follows:-
a) Technical e-bid & b) Financial e-bid
9. Critical dates
S.No. Activity Date Time in IST
(i) Download of tender document
from e-tender portal
From 09.06.2015
to 29.06.2015
1730 hrs
(ii) Online submission of bids
(Technical as well as financial)
on e-tender portal
Upto 30.06.2015
By 1500 hrs.
(iii) Opening of technical bids At 30.06.2015 At 1530 hrs.
(iv) Opening of financial bids Date & time of opening of financial bids shall
be intimated separately / subsequently only to
the technically qualified bidders.
10. AAI reserves to itself the right to reject the conditional tenders without
assigning any reason thereto.
11. AAI reserves to itself the right to reject any or all the tenders without
assigning any reason thereof and to call for any other detail or information
from any of the tenderer(s).
12. Licence fee/Royalty quoted by the party will be payable from the date of
expiry of gestation period or date of taking over the site whichever is earlier.
AIRPORT DIRECTOR
AAI,GOA
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GENERAL INFORMATION/GUIDELINES
1. Tender documents are not transferable.
2. Following bids shall be submitted through online only e-portal by the
bidder/tender
i) The technical e-bid through e-portal
ii) The financial e-bid through e-portal
3 The technical bid which will be opened first, shall contain the following documents
specified as under (Bidders shall upload scanned copy of following
documents in readable from at AAI e-tendering portal as part of technical
bid as a single PDF file).
(a) Details of the concern and legal status that is whether it is sole proprietor,
partnership firm or company under Companies Act.
(b) Self attested copies of the PAN card, Sales tax registration certificate (VAT
in States it has become applicable), service tax registration. In case any or
all the provisions mentioned above are not applicable, the party should
give a declaration to that effect. Non submission will not be considered as
an exemption. AAI reserves the right to confirm the legal applicability of
the provisions before accepting the declaration of non applicability as
submitted by the party.
(c) Copies of (duly audited and certified by a chartered Accountant) Profit and
Loss Account/Balance sheet of the sole proprietor concern or a partnership
fir, Annual Report in case of a company as per the companies Act.
(b) Self attested copies of Memorandum and Articles of Association in case of
Companies and partnership deed in case of firms and approved by-laws in
case of co-operative societies.
(c) 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.
(d) No dues certificate.
(1) Self declaration of dues.
The party should submit the details of contracts held (current and past) at
all AAI controlled airports and offices and the details of disputed and
undisputed dues there on along with the details of Security Deposit and
mode of Security Deposit.
(2) No dues certificate from AAI
The party should also enclose the latest no dues certificate issued by AAI
in respect of all airports under its control. It will be the responsibility of the
party to obtain the no dues certificate from all the stations and or offices
of AAI and submit the same with the tender documents if applicable.
(e) Form of unconditional acceptance duly signed.
(f) Declaration giving the particulars of contracts undertaken by the party at
different stations of AAI. The details of blacklisting or debarring effected
by AAI, or any Government of India department, any Central or State
public sector undertaking. (NIL statement to also be filed).
(g) Declaration of cases/action under PPE Act initiated by AAI. (NIL statement
to also be filed).
(h) Declaration giving the details of outstanding dues (disputed and
undisputed).
(i) Experience criteria.
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Documentary evidence should be produced for eligibility criteria from
second party.
(m) Any other relevant information/document which tender(s) may consider
appropriate including their expertise and experience in the areas other
than for which tenders invited by AAI.
(n) Documents should be submitted for above tender should be after issuing of
tender.
Important: AAI reserves the right to verify, refer any document to the
concerned authority for confirmation from case to case. Mere submission will not bind AAI to accept the documents as valid for opening financial bid. Non submission of any of the required documents
will not be considered as exemption.
4. PAYMENT OF EARNEST MONEY DEPOSIT(EMD) :- EMD of Rs.1,32,000/-
[Rupees One Lakhs and thirty two thousand 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. Note :- EMD in the form of Cash/Demand draft or any other form shall not be accepted. Vendors shall also 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 RTGS/NEFT to any AAI employee during the process of the tender. In no scenario the vendors are required to submit contact any AAI employee for physical submission of any documents before opening of the Bids. The tender of the bidders who fail to submit the EMD well before the stipulated time shall be rejected outright.
REFUND OF EMD :- EMD of unsuccessfull 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 days of their rejection. For all bidders whose financial bids are opened the refund of EMD except for H1, bidder shall be processed within 7 days of opening of the financial bid.
5. Envelope B (Financial Bid)
a) The financial e-bid should be in the prescribed format available at AAI e-
tendering portal. b) The amount of licence fee should be conspicuously written both in
figures as well as in words. Any over writing, correction or insertion
should be duly signed by the authorized signatories of the tenderer(s).
c) In case of discrepancy between the amount offered in figures and
words, the offer written in words will only be considered.
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6. a) A sole proprietor having concerns under different names will be considered as a single legal entity. PAN card will determine the
single entity criteria hence will be the basis for decision. b) In case of partnership firms, as it does not have any legal entity on
its own, hence if two or more firms are having common partners then all these firms will be considered as single entity. The principle of implied agency of partner as per the Partnership Act of
India has been taken as the guiding principle. Since the provisions are different in Tax laws hence different PAN card will not entitle
the firms having common partners to be treated as separate entity for the purpose of commercial contracts in AAI.
c) In case of Companies, if the holding company and its subsidiary are
participating in the same tender then a disclosure to this effect to be made at the time of application for tender form. Also it will be
mandatory for them to submit the basis and proof of the relationship during the technical bid stage.
d) In case of Foreign Company and its Wholly Owned Indian subsidiary
(WOS) Company are participating in the same tender then a disclosure to be made during the application stage. Also it will be
mandatory for them to submit the basis and proof of the relationship during the technical bid stage.
7. Tenderer(s) should clearly indicate the name & address of their Firm/
Company/ Individual, as the case may be, on both the Envelope and
should clearly indicate the name of the facility for which tender(s) have been invited.
8. The offer of first year license fee will be 10% cumulative escalation for the
subsequent years and the revision in license fee will be subject to review
after 3(three) years.
9. It may be noted that the Earnest Money Deposit of the successful bidder may be forfeited and the bidder may be debarred for further participation in AAI‟s tender(s) for a period of 3 (three) years, on account of non-
completion of the following:-
(a) Acceptance of the offer within 10 days (b) Payment of advance licence fee for one month within 15 days from
the receipt of the award letter.
(c) (i) Payment of Security Deposit equal to 6 [six] Months of quoted first year licence fee including Service Tax in
the form of Demand Draft/Pay order/Bank Guarantee of a Nationalized/Scheduled Bank in favour of Airports Authority
of India, Goa Airport within 15 days for the licence and; (ii) The SD, if Bank Guarantee should be valid for a period of 3
months from the date of expiry of contract
(iii) No interest is payable on SD (iv) Payment of Security Deposit equal to Rs: 50,000/-[Fifty
thousand] for electricity/water/telephone etc. (d) Execution of the Agreement within 15 days; and (e) Commencement of the facility within 30 days
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10. E-tender(s) will remain valid for a period of 180 days from the date of opening of the Financial Bid in Envelope „B‟. If any tenderer withdraw
during the validity period, his Earnest Money Deposit will be forfeited. However, the tender(s) can withdraw their Earnest Money Deposit after
the validity is over or may extend the validity of their tender(s) with consent of AAI.
11. The tenderer(s) shall give the list of his near relatives employed in
Airports Authority of India. 12. The successful bidder shall intimate the names of the persons employed
by him or going to employ who are near relatives* of AAI employees. 13. Any breach of the conditions at Sl. No. 10, 11 above by the successful
tenderer(s) would render him/them liable to be removed from AAI as a
licensee/contractor and shall be debarred from issuing tender papers for the commercial contracts for a period of 2 (two) years.
14. I/We have carefully read and understood the terms and conditions of the licence as contained in Tender Documents issued by the Airports Authority of India (AAI) including the followings.
(a) Earnest Money Deposit of Rs. 1,20,000/- is liable to be forfeited by AAI ,if on award of licence,I/We do not accept the award or do not
fulfill any of the conditions stipulated in tender document within the prescribes time.
(b) On account of non –acceptance of award or on account of non completion of tender conditions within the prescribed time, I/We shall be debarred by AAI for further participation in the tenders as
its airports or at any other place under the control of AAI, for the period of 3 (three) years.
(c) In case the documents submitted by my/our firm along with tender are false/incorrect, the tender of my/our firm will be liable to be rejected by giving reason. In addition, AAI reserves its right to
forfeit the EMD of my/our firm and debar my/our firm from participation in the further tender of AAI for the period of 3 (three)
years. 15. The AAI does not bind itself to accept the highest or any tender and
reserves to itself the right of accepting the whole or any part of the tender
and the tenders and the tender shall be bound to provide the service at the rate quoted.
16. All the above guidelines will form part & parcel of the E-Notice Inviting Tenders (E-NIT).
17. AAI reserves itself the right to extend the date of receiving/opening of the
bids as well as to extend the validity of the tender. 18. AAI reserves right to reject any or all tender(s) in part or in full without
assigning any reason.
*Note: By the term ‘near relative is meant wife, husband, and
dependent parents, grant parents, children, grand children, brothers, sisters, uncle, aunts, cousins and their corresponding
in laws”.
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TO BE SUBMITTED IN ENVELOPE ‘A’ (TECHNICAL BID)
ACCEPTANCE LETTER (Scanned copy to be attached in e-technical bid)
To
The Airport Director Airports Authority of India,
Goa. Sir,
ACCEPTANCE OF AAI’S TENDER CONDITIONS
1. The E-tender documents for the facility for an award of License for Operation of Car
Rental / Maxi Car Services facility at Arrival Hall of NITB, Goa have been provided to me/us by Airports Authority of India and I/We hereby certify that I/We have inspected the site and read the entire terms and conditions of the tender documents made available to me/us which shall form part of the contract agreement and I/We shall abide by the conditions/clauses contained therein.
2. I/We hereby unconditionally accept(s) the tender conditions of AAI‟s tender documents in its entirety for the above facility.
3. The contents of clause 11 of Notice Inviting Tender of the tender
document have been noted wherein it is clarified that AAI reserves the right to reject the conditional tenders without assigning any reasons thereto.
4. „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‟.
5. The Earnest Money Deposit of Rs 1,32,000/- has been remitted through online for the above facility
Yours faithfully,
[Signature of the Tenderer]
With rubber stamp Date:
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LICENCE AGREEMENT
SUBJECT: License for operation of Car Rental / Maxi Car Services facility at Arrival Hall, NITB of Goa International
Airport.
THIS AGREEMENT made this______ day of _________ of Two Thousand Fifteen between the Airports Authority of India, a body corporate constituted by the
Central Government under the Airports Authority Act (Act 55 of 1994) and having its corporate office at New Delhi and offices at all the Airports in India represented by Airport Director hereinafter called the 'Authority' (which term
shall, unless excluded by or is repugnant to the context, be deemed to include its Chairman, or Member, Executive Directors, Airport Directors, Officers or any
of them specified by the Chairman in this behalf, and shall also include its successors and assigns) of the one part, and __________________________ represented by _____________________ of the other part, hereinafter called
the 'Licensee' (which term shall unless excluded by or is repugnant to the context, be deemed to include its heirs, representative, successors and assigns
of the Licensee). WHEREAS the Authority is entitled in 'Law' to grant licence at its Goa
International Airport for the purpose of setting up of Car Rental / Maxi Car Services facility so as to provide amenities and facilities to the passengers
and visitors at airport and is in possession of space, more fully described in the schedule hereunder and in the plan annexed to this agreement, hereinafter
referred to as the premises.
WHEREAS the Licensee is desirous to render the services to the Authority on the terms & conditions mentioned hereunder:
AND WHEREAS the Authority is agreeable to grant the licence.
NOW, THEREFORE, this indenture witnesseth: 1. That the licence for the said facility shall be valid for the period of 5 (five)
years from _________ to ________. unless terminated earlier on account of following:
(a) By giving 120 days notice in writing from either side without assigning any reason.
(b) Terminated by AAI on a short notice on account of un-satisfactory
performance. (c) Termination on expiry of the specified time period allotted for
unresolved internal dispute resolution. The licensee shall necessarily operate the contract minimum for 50% of the contract period, failing which the licensee/lessee may be debarred from participating in any tender in the AAI for a period of 1 (one) year.
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2. That in consideration, Licensee shall pay the Authority every month in advance by way of licence fee on or before 10th day of English calendar
month as under:
3. That in addition to the above said licence fee, Licensee shall pay all
charges towards consumption of electricity and water as may be due as determined by the Authority and at the rate(s) fixed by it from time to
time. Such charges shall be paid within the date(s) specified in the bill(s). The Licensee shall have to provide his own meter(s) for the purpose, failing which Licensee shall be billed on assessed consumption. In default
of payment of said charges, the Authority may without prejudice to its other rights disconnect or cause to be disconnected the water and
electricity to the said premises without any notice and the Licensee shall not be entitled to any compensation whatsoever on account of any such disconnection.
4. That the Licensee shall pay all rates, assessments, out goings and other
taxes as leviable on the Licensee in „Laws‟. 5. That the Licensee shall make payment of licence fee etc. by demand
drafts drawn on local banks. No outstation cheque shall be accepted in payment of licence fee etc.
6. That in the event of failure to pay the licence fee and other charges by
due dates, simple interest @ 12% per annum be payable, as per AAI
credit policy, on all delayed payments without prejudice to the Authority's other rights and remedies.
That in the event of failure to pay the licence fee and other charges by due dates, in the event of outstanding dues exceeds one month, the
Authority may without prejudice to other rights and remedies be entitled to charge penal interest @ 12% per annum on delayed payments for the
first month and thereafter 18% per annum on delayed payments for maximum of two months thereafter. During this period, the licensee shall be issued notice for clearance of outstanding dues. If the licensee fails to
clear the dues with in said period of 2 (two) months, the contract shall be terminated and the all dues alongwith penal interest shall be adjusted
from the Security Deposit, without grant of any extension whatsoever.
Years Amount of Monthly License Fee + Utility
Charges + Service Tax as applicable
1st Year
2nd Year
3rd Year
4th Year
5th Year
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7. That the Licensee shall deposit a sum of Rs. _________ (Rupees ____________________________ only ) i.e. an amount equal to 6 (six)
months of quoted first year licence fee including Service Tax as Security Deposit in the form of Demand Draft/ Bank Guarantee from a
Nationalised/Scheduled Bank in favour of Airports Authority of India, Goa Airport. In the event of the Licensee committing any breach of the terms & conditions of the licence agreement, the Authority may without
prejudice to other rights and remedies be entitled to forfeit/adjust the total amount of the Security Deposit or any part thereof. In such an even
he shall pay in the same manner as stated above such additional sum immediately as he may be called upon by the Authority to pay, so that the Security Deposit shall at all times during the continuance of these
presents, be for the same amount. On the expiration or earlier determination of the licence the Authority shall return the Security Deposit
or part thereof which has not been forfeited as aforesaid, to him, without interest.
8. That the Licensee shall deposit in cash/Pay Order Rs.50,000/- (Rupees fifty thousand only) as Security Deposit towards Electricity Charges.
9. That the Licensee shall equip himself with all necessary permits, licences and such other permissions as may be required under the law in force at any time with regard to the operation of the subject licence.
10. That the Licensee shall maintain such regular and proper account books along with other supporting documents regarding sales effected by the
Licensee in the said premises and said accounts/documents shall all the times be kept open for inspection by Authority in such manner as may be
prescribed. The Licensee shall provide to the Authority, if so required by the Authority, Statements of audited Accounts in such manner and within such period as the Authority may prescribe. Licensee shall be liable to
share invoicing details live with AAI. 11. That the Licensee shall have no right to object as and when the Authority
decides to grant additional License for similar facility at the airport premises where the Licensee is rendering such services.
12. That Authority shall provide bare space for the subject services and other
expenses of any kind for establishment and rendering of the services shall be incurred by the Licensee. However, provisions of electricity, water and
drainage connections, as the case may be, if so required, for the smooth operation of the services shall be provided by the Authority.
13. All the times during the currency of the licence agreement, it shall be the
responsibility of the licensee to obtain proper fire insurance coverage including theft and burglary in respect of all the movable and immovable
assets stored or used in the licensed premises and authority shall not be responsible for any loss or damage caused to the licensee on any accounts whatsoever.
14. That Licensee shall operate the subject facility by charging the rate from users, as may be approved in advance by the Authority. Licensee shall
exhibit the said approved charges at a conspicuous place inside the licensed premises.
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15. That the authority reserves to itself the right to change the location of the premises at any time and may at its discretion, call upon the Licensee to
vacate the site and may give him an alternative premises for the purpose of this licence. In such a case, the Licensee shall be bound to vacate the
premises immediately and accept the said alternate premises. The entire expenditure on such shifting shall be borne by him and the licensee shall not be entitled to claim any compensation or revision in the licence fee on
that score.
16. The Licensee shall use the premises for the bonafide purpose as provided
in the Agreement, more particularly described in the enclosed schedule, for the use of all passengers and bonafide visitors to the Airport and
Officers of the Authority and the staff of various Airlines using the Airport and for no other purpose.
17. The Licensee shall not erect or display any advertisement or signboards except after obtaining the prior approval in writing of the Authority.
18. The Licensee shall not terminate the licence before the expiry of the period of the licence except by giving 120 days notice in writing and payment of Demurrage charges as per Exit clause I©, otherwise the
Licensee shall be liable to pay to the Authority (without any demur or question) such amount of money as the Authority may decide as due to it
by the Licensee. The licence can be terminated by the Authority by giving 120 days notice in writing without assigning any reason thereto.
19. In the event of any default, failure, negligence or breach, in the opinion of the Authority on the part of the Licensee in complying with all or any of the conditions of the licence agreement, the Authority will be entitled and
be at liberty to determine the licence forthwith and resume possession of the premises without payment of any compensation or damages and also
forfeit in full or in part the amount deposited by the Licensee for due performance of Agreement.
20. The Authority and the Licensee further agree that they are bound by the General Terms & Conditions found in Annexure „X‟ annexed hereto.
SIGNED BY ___________________________ AIRPORT DIRECTOR,
AIRPORTS AUTHORITY OF INDIA, GOA INTERNATIONAL AIRPORT, FOR AND ON BEHALF OF THE AIRPORTS AUTHORITY OF INDIA, IN THE PRESENCE OF:
AIRPORT DIRECTOR
WITNESS:
1. 2.
SIGNED BY ________________________ FOR AND ON BEHALF OF_________________________________________ IN THE PRESENCE OF:
WITNESS:
1. 2.
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SCHEDULE OF PREMISES
1. Space measuring : 10 Sqmtr approx. 2. Location at : Visitor‟s Area, Arrival Hall
3. Purpose : Car Rental / Maxi Car Services facility
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Annexure ‘X’ GENERAL TERMS & CONDITIONS
The Authority hereby covenants with the Licensee as follows:
1. The Licensee, his servants and agents shall be entitled to use all ways,
paths and passages as may from time to time be maintained on the said
airport ground subject to such rules and regulations as may be imposed by the lawful authorities of the airport ground.
2. The Licensee paying the licence fee and performing the covenants herein
contained and on his part to be performed shall and may peacefully
possess and enjoy the premises with use of the ways, paths and passages as aforesaid during the said term without any lawful interruption from or
by the Authority or any person claiming under the Authority. 3. Any notice required to be served on the Licensee under this Agreement
shall be deemed to have been served if delivered at or sent by registered post to his last known address or to his authorised representative or
agent. Similarly, any notice to be given to the Authority under this agreement shall be deemed to have been served if delivered at or sent by
Registered post to the Authority who should invariably acknowledge the notice.
a) The period of notice given under this Agreement will count from the date of receipt of notice by either side.
4. Subject as herein before otherwise provided, all notices to be given on
behalf of the Authority and all other actions to be taken on behalf of the
Authority, may b e given or taken on behalf of the Authority by the Airport Director of the Airport or by any other officer for the time being
authorised by or entrusted with the functions, duties and powers of the said Airport Director, in respect of the airport under his charge.
5. (a) The Licensee shall not, unless with the written consent of the Authority, create a sub-contract of any description with regard to
this licence or any part thereof, nor shall be without such written consent as aforesaid, assign or transfer his licence or any part thereof.
(b) The Licensee shall use the premises only for the purpose indicated
in this Agreement and for no other purpose whatsoever.
6. The Licensee his agents and servants shall observe, perform and comply
with all rules and regulations of the Shop and Establishment Act, Factories Act, Industrial Disputes Act, Minimum Wages Act and the provisions of
any statutory law applicable to the Licensee including any rules and regulations made by the Authority, Civil Aviation Department or any other Department of Government and or local body or administration in force
from time to time and to the business which the Licensee is allowed to carry on under this Agreement and to the area in which the said premises
are located.
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7. (a) The Licensee shall Indemnify the Authority from/against any claims
made or damages suffered by the Authority by reason of any default on the part of the Licensee in the due observance and
performance of the provisions of any law which may be related to the purpose of this Agreement and to the area in which premises are located.
(b) The Authority shall not be responsible in any way for loss or
damage by any means causes to the Licensee's stock or property.
8. The Licensee shall at his own cost maintain the premises in a proper state
of cleanliness and abide by such directions as may be given by the Authority and such other departments as may be entrusted by the rules
and regulations with the works of inspection and enforcement about the conditions of sanitation, cleanliness and hygiene. If the premises is not maintained in reasonably clean condition by the Licensee, Airport Director
shall have powers to get the premises cleaned at the risk & cost of the Licensee and recover liquidated damages at the rate of Rs.500/- per day
for each default upto 7 days and thereafter Rs.1000/- per day and can take other actions including termination of the licence.
9. The Licensee shall comply with the requirements of all standard health
clauses including those given below:
i. The Airport Health Officer/Medical Officer of AAI or persons
authorized by them may without notice, enter the premises any time and inspect the premises, materials, instruments and implements etc. used by the Licensee.
ii. All the instructions given by the Airport Health Officer/Medical
Health Officer of AAI or any persons authorised by them in the maintenance of public health of the Airport including sanitation control prevention of infectious diseases, control and prevention of
nuisance from insects, rodents, or any other source, shall be carried out by them and his agent and servants.
iii. The Licensee shall notify to the Airport Health Officer whenever any
person working under him is suffering or suspected to be suffering
or convalescing from any infectious disease. The Airport Health Officer may medically inspect the said person or any person who is
suspected to have been in contact with the person and take any precautionary and preventive measures considered necessary.
iv. The Licensee his agents and servants shall not without consent of
the Airport Health Officer, interfere with injure, destroy or render useless any work executed or any materials or things placed in,
under or upon any land or building by or under the orders of the Airport Health Officer with the object of preventing the breeding or entry of mosquitoes or maintenance of sanitation.
Page 17 of 33
v. The Licensee, his agents and servants shall not abuse the water sources, and drainage facilities in the airport area so as to create a
nuisance or insanitary situation prejudicial to public health.
vi. In the event of any default, failure, negligence or breach in the
opinion of the Authority, on the part of the licensee in complying with either of these conditions specified in the foregoing sub-clause
(i) to (v), the Authority will be entitled and be at liberty to determine the Licensee forthwith and resume a possession of the premises without payment of any compensation or damages and
forfeit in full or in part the amount deposited by the Licensee for due performance of the Agreement.
10. The Licensee shall employ only such servants as shall have good character and as well behaved and skillful in their business. He shall furnish the
Authority in writing with the names, parentage, age, residence and specimen signature or thumb impression of all servants whom he proposes to employ for the purpose of this Agreement before they are so
employed and the Authority shall be at liberty to forbid the employment of any person whom it may consider undesirable. The servants employed by
him shall be under the general discipline of the Authority and shall confirm to such directions as may be issued by the Authority in respect of points or routes of entry to and exit from the premises and in respect of the use
of toilet and wash rooms. He shall also have the Character of all persons employed by him verified by the police to the satisfaction of the Authority,
before the employment.
11. (a) The Licensee would be required to install adequate number (as
may be decided by Fire Officer or any other authorised Officer of AAI depending upon the area of the licensed premises) of minimum a 2.5 Kg. CO2 fire extinguisher in the licensed premises at his cost
before commencement of business.
(b) No wooden partition/inflammable materials shall be permitted in
the licensed premises. The material to be used for partition/fabrication of the shop/office premises shall be as per the specification given by AAI and to be got approved by AAI in
advance.
(c) Licence shall not use a naked light or cause or permit any such light
to be used in the licensed premises.
12. The Licensee shall not damage the premises for any part of the Airport
premises and in the event of any damage being caused to the same intentionally or otherwise, by the Licensee, or his employees or invitees or customers, the Authority shall be entitled to repair the damage or make
the requisite replacement and call upon the Licensee to replacement and call upon the Licensee to reimburse cost thereof which the Licensee
undertakes to pay forthwith on demand.
13. The Licensee shall not store or bring or keep in the premises heavy
articles so as to injure or damage the premises or keep goods of
Page 18 of 33
combustible or inflammable nature unless required for executing the licence.
14 (a) The Licensee shall not use electrical heater, toaster and other allied appliances in the premises for preparation of tea, coffee and for
heating of food etc. unless specifically provided under the Agreement to perform contractual obligations.
(b) The Licensee hereby agrees to provide necessary training to the employees posted in the licensed premises for handling fire
extinguisher as provided in the terminal/licensed premises.
15. The Licensee will, during the continuance of this licence insure against any
claim for workmen's compensation or otherwise of all persons employed by him in connection with his business to be carried on as aforesaid with such insurance company as the Authority shall approve of and shall
produce for inspection on demand by the Authority all policies in respect thereof and the receipts from time to time for current premium.
16. In the case of such breach of the terms of this licence as minor offenses and complaints coming to its notice for which in the opinion of the Authority this Agreement need not be terminated, the Authority may at its
discretion recover compensation from the Licensee upto the limit of the security deposit of the Licensee. The decision of the Authority in this
respect will be final and binding on the Licensee.
17. The Licensee shall not hold or permit to be held any public or private
auction in the licensed premises.
18. It shall sell articles in the premises at prices which shall be marked on the
articles or on tags attached thereto an it shall not be excess of the retail prices/fair prices fixed by the manufacturers or Government or any other local authority whichever is lower or controlled price in case such
controlled price has been fixed by any authority and in all other cases, not exceeding the reasonable market rates for similar goods. The Authority
can after giving reasonable opportunity to the Licensee to show cause, itself fix the price of any article or articles, if, in its opinion, the prices charged are unreasonable or exorbitant and there upon the Licensee shall
sell only at the price so fixed by the Authority and he/she shall also be liable to refund to any customer any amount in excess paid by such
customer for any articles in excess of the price so fixed. 19. It shall be obligatory for the Licensee to keep in stock and in case they are
intended for distribution, distribute the same and display, literature, produced and released by the Publication Division of Government of India
and/or Tourism Department of the Central Government or of the State Government within whose jurisdiction the Airport is situated on such
terms & conditions as may be fixed by the said Publications Division or said Tourist Department.
20. The Licensee shall not stock, sell, display, exhibit for sale any books,
magazines, newspapers or periodicals, statues, idols or other articles which are repugnant to morals or indecent and immoral, improper or
Page 19 of 33
otherwise objectionable in character, it being expressly agreed that the decision of the Authority shall be conclusive in this behalf and absolutely
binding on the Licensee and shall not be subject to any dispute or review. Apart from any other legal/disciplinary action, the Licensee shall
immediately remove such book, journal or articles from premises, if, as decided by the Authority it is objectionable in any manner to keep, exhibit or sell the same.
21. The Licensee shall maintain a complaint book in a prominent place in the premises and in such a way that it is easily accessible to any person who
wishes to record any complaint and the said book shall be open for inspection by the Airport Director of the Authority.
22. If because of any strike or lock-out either in the Airport or in any airline, the Licensee is unable to function or his business is affected, the Authority
shall not be liable for any loss which the Licensee may suffer in such an event. However, rebate in the licence fee due to ban on visitors entry at the airport and due to natural calamities and due to declaration of the
closure of the airport for total operation shall be granted as per the merit of the case and policy laid down by AAI from time to time.
23. In the event of the Licensee being prohibited from selling one or more articles in the premises because of Government Laws/Rules/
Regulations/Orders, the Authority shall not be liable for any loss suffered by the Licensee in such an event the Licensee shall not be entitled to any reduction in the fees payable to the Authority or permission for sale of
additional items.
24. The Licensee shall deposit duplicate keys of the premises with the
Authority whenever the Airport Director demands and permit the Authority to make use of the keys during the emergency. The Licensee shall not
remove or replace the lock on the outer door or change the locking device on the said outer door of the shop.
25. The Authority do not recognize any Association of the Traders and in case any negotiation/bargain necessary with regard to the clarification of the Terms & Conditions of the Licence or modification thereof such
negotiations should be sought by the Licensee alone and no collective representation/bargaining will be entertained.
26. On expiry of the licence period or on termination of the licence by the
Authority on account of any breach on the part of the Licensee, the
Licensee shall deliver the possession of the premises in good condition and in peaceful manner along with furniture, fittings, equipments and
installations, if any, provided by the Authority. Further, Licensee shall remove his/their goods and other materials from the premises immediately, failing which Authority reserve its right to remove such
goods/materials at the cost & risk of the Licensee and demand payment for such removal. If such payment is not made within 10 days, Authority
shall be at liberty to dispose off the goods/materials of the Licensee by public auction to recover the cost. The Licensee shall not be entitled to raise any objection in such an eventuality.
Page 20 of 33
27. The licence herewith granted shall not be construed in any way as giving or creating any other right or interest in the said
space/building(s)/land/garden/tank/premises to or in favour of the licensee but shall be construed to be only as a licence in terms &
conditions herein contained.
28. The Authority, its servants and agents shall at all times have the absolute
right of entry into the said premises.
29. The provision of the Public Premises (Eviction of Unauthorised Occupants)
Act, 1971 and the rules framed thereunder which are now in force or which may hereafter come into force shall be applicable for all matters provided in the said Act.
30. All disputes and differences arising out of or in any way touching or concerning this Agreement (except those the decision whereof is
otherwise herein before expressly provided for or to which the
Public Premises (Eviction of Unauthorised Occupants] Act and the rules framed there under which are now enforced or which may
hereafter come into force are applicable), shall, in the first instance, be referred to a Dispute Resolution Committee (DRC) setup at the
airports, for which a written application should be obtained from the party and the points cleared spelt out. In case the dispute is not
resolved within 45 days of reference, then the case shall be referred to the sole arbitration of a person to be appointed by the
Chairman/Member of the Authority, subject to the condition:-
a. That the licensee shall have to deposit the disputed amount with AAI as condition precedent before making reference to the
Arbitration for adjudication of dispute. b. Similarly, before making a reference to Dispute Resolution
Committee, the licensee will have to first deposit the disputed
amount with AAI and the consent shall have to be obtained from the licensee for acceptance of the recommendations of the
Dispute Resolution Committee. c. During the arbitral and Dispute Resolution proceedings the
licensee(s) shall continue to pay the full amount of licence fee/ dues regularly as per the award/ agreement and perform all
covenants of the agreements.
31 The award of the arbitrator so appointed shall be final and binding on the parties. The Arbitration & Conciliation Act 1996 shall be
applicable. Once the arbitration clause has been invoked, the DRC process will cease to be operative.
It will be no bar that the Arbitrator appointed as aforesaid is or has
been an employee of the Authority and the appointment of the Arbitrator will not be challenged or be open to question in any Court
of Law, on this account.
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32. In case of any dispute where legal action is compelled to be initiated
by any of the party, jurisdiction of the court shall be the city/town/district where the airport is located.
(SIGNATURE OF LICENSEE)
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EXIT CLAUSE
I. a) Normal termination: The contract will deem to be terminated on the last
date as given in the agreement provided the extension or renewal is approved by the
Competent Authority on or before the last date and communicated to the party in writing
and duly accepted. The liability of the party will continue to be payable along with the
delayed interest (at the rate mentioned in the contract) till the same is settled. The
contractor cannot claim the dues to be time barred or ultra vires even if after the
contract is deemed to have terminated by operation of this clause.
b) Termination for cause: If the party or AAI has invoked the internal dispute
resolution clause (as per which the dispute referred to the DRC is to be completed within
a period of 45 days) and the same remains unresolved after the specified time period, it
will be deemed that the notice period for the termination has commenced from the next
date within which the dispute should have been resolved. No extra notice need be
served by either party and the contract will terminate after the expiry of the notice
period. If such termination happens to fall within 50% of the contract period then the
party is liable to pay AAI the value of license fee equal to the amount of current license
fee for the six months as demurrage charges. However, the notice for termination will
deem to have commenced irrespective of the arbitration proceedings.
c) Termination for convenience: Either party, AAI on one part and the
contractor on the other part can serve the notice for termination by giving the requisite
notice period. The notice by AAI to be served only after obtaining the approval of the
acceptance authority. Similarly the notice given by the party should be approved by the
acceptance authority. However the date on which notice was received at AAI will be the
commencement of the notice period and the administrative time required for the
approval will not be added. If the party has served the notice, then the party is liable to
pay demurrage charges. The demurrage charges will be equal to the amount of six
months current license fee if the termination occurs before the 50% period of the
original contract. The period of 6 months will be reduced to 4 months if the contract
period served exceeds the 50% period but is less than 75%. If the period served
exceeds 75% and the period remaining is more than the required notice period for
normal termination the demurrage will be equivalent to 3 months license fee.
d) Termination for regulatory/legislative or supervisory requirements.
If any provision of law or legislation of India makes it mandatory to stop/prohibits
the continuation of any contract at any particular location or otherwise then it will
deemed to be closed from the date of such enactment. No compensation is payable by
AAI.
II. Exponential Penalty on licensees @ double the licence fee per month in the form
of damage charges can be imposed on licensees unauthorizedly occupying the premises
after expiry of contract period.
(SIGNATURE OF LICENSEE)
Page 23 of 33
ANNEXURE –IV
AIRPORTS AUTHORITY OF INDIA
FIRE EXTINGUISHER CLAUSE
1. The Licensee hereby undertakes not to use Gas heating / naked lights, in the terminal building, other than inside the counter/ premises/
restaurant/ canteen, for which the license has been issued. 2. The Licensee hereby undertakes to keep adequate number of „Ash trays‟
in the smoking area and to provide „ No smoking ” sign boards in the non- smoking areas, as specified by the authority, for the purpose of this
license. 3. The Licensee hereby undertakes to take utmost caution to prevent
spillage of fuel oil or other hazardous chemicals in the terminal building. In the event of total prevention is perfectly impossible, th licensee shall
provide suitable bins/ trays in the appropriate places for collection of such spill and shall dispose the collected spillage properly to avoid hazard or
danger to hygienic condition of the premises. 4. (a) The licensee undertakes to provide adequate „Fire protection
system‟ as per building code of India, at his own expenses, in the premises covered by in this license.
(b) The Licensee shall install, at his own cost CO2 Fire extinguishers,
of the minimum weight of 2.5 kgs., in the premises under the license.
5. The Licensee undertakes to obtain prior permission from competent
authority for hot/ cold work in case during alternate use of heat, naked, flame electricity or high pressure condition is to be made.
6. The Licensee hereby covenants not to keep or cause any obstruction in the exit and escape routes in the premises under license.
7. Wherever there are „Smoking‟ and „Non-smoking zones‟, the licensee shall
keep the fire separation doors closed.
8. The Licensee undertakes to provide adequate number of „Waste bins‟ with
proper lids, in the appropriate places of the premises under this license. 9. The Licensee hereby undertakes not to obstruct the location of the fire
points, fire extinguishers, fire hydrants, detectors and other operating points of any fire protection system.
10. The Licensee shall not exceed the loading limits of power source as
specified by the authority and shall not do any loose or temporary
connections in the terminal building.
Page 24 of 33
11. The Licensee undertakes to educate the people to be deployed in respect of this license to be more conversant with emergency evacuation
procedures and handling of portable fire fighting equipments.
12. The Licensee shall always communicate the required means of communication to communicate with the Airport Fire Station in case of emergency.
13. The Licensee shall submit the premises for inspection of Fire prevention
measures every quarter and the recommendations made by inspecting officer shall be complied with by the Licensee.
14. The Licensee hereby agrees to provide necessary training to the employees, posted in the premises, for handling fire extinguishers as
provided in the terminal / licensed premises.
Signature of the Licensee ---------------------------------------
with seal : ---------------------------------------
Signature of Airport Director -------------------------
with seal -------------------------
Page 25 of 33
ANNEXURE-V ADDITIONAL FIRE CLAUSE
1. The licensee shall not use electrical heater, toaster, electric kettle and other
allied electrical appliances in the shops and offices. 2. The licensee shall not use naked light of any kind in the shops and offices. 3. The licensee shall get their electrical circuit tested, at least, once in a year
and any defect noticed should be rectified immediately. Licensee shall submit the test report issued by electrical Supervisory Licence holder or engineer to the
Airport Controller. 4. Electrical cable should not be laid on the false ceiling, or on the partition wall. Cable, where required, should be laid on metal cable trays.
5. Miniature circuit breaker and metal clad distribution board should only be used for electrical installation and distribution. ELCB should also be incorporated
in the circuit. 6. Main switch board, electric meter, distribution board should not be fixed on the combustible material nor in the combustible panels.
7. Over loading of the circuit is prohibited and no temporary connection should be made, without specific approval of Airport Controller
8. Combustible material should not be stored under/close to the electric switch board/distribution board /meters and approach to electrical board should be kept
clear. 9. If in the allotted space, no false ceiling is provided, false ceiling will not be provided by the allottee, without specific approval from Airport Controller.
10. Internal partition/any modifications are not permitted unless written permission is obtained from Airport Controller.
11. Storing of any type of material above the false ceiling is prohibited. 12. Allottee shall get his personnel trained in use of fire extinguisher. 13. Allottee shall not store combustible material more than seven days use in
the offices situated in terminal buildings. 14. Two 09 ltrs. Capacity water type extinguishers and one 4.5 kgs CO2
extinguishers shall be installed. 15. Battery operated emergency light shall be provided in shops. 16. Telephone Numbers of fire control room shall be displayed.
17. NOC shall be obtained by the allottee from city fire service for carrying out any modification.
18. Storing of liquid fuel of any type is strictly prohibited.
(SIGNATURE OF LICENSEE)
Page 26 of 33
SPECIAL TERMS AND CONDITIONS FOR CAR RENTAL SERVICES
1) The facility is not a point to point pre-paid taxi service at is being operated at
Goa Airport at present by black & yellow taxies and white tourist taxies. 2) The rates charged should not be more than rates notified / fixed by concerned
RTO / State government for similar type of vehicles / similar Packages / Value Added Services. The licensee must submit the list of vehicle services / packages offered along with the rates for approval of AAI, Goa before commencement of business.
3) The successful tenderer shall be required to operate the car rental / maxi car service to cater the need of arriving passengers/airport users at Goa Aiport.The successful tenderer shall provide the cars as required by the passengers/airport users at the rates as approved by the Airport Director,Goa Airport. Successful bidder shall employ adequate number of persons at counter at their own cost to maintain the same for providing the facility to the passengers and airport users. The approved rates shall be displayed at the counter.
4) AAI reserves the right to grant licence for any service to Licence as per its policy as an additional facility during the currency of existing future licence for car rental/maxi cab facility.No any rebate or claim are applicable on this account,to the licensee for car rental/maxi cab facility.
5) The facility has to be open during the flights movements.(i.e Domestic flights and International flights).
6) Authority shall provide space for parking only 10 nos of cars with an area of 150 sqmtrs. Rest of Cars parking inside vehicle Parking area has to pay parking charges as may be decided by mutual negotiation/arrangement between Vehicle Parking Licesee and car rental service licensee.
7) AAI shall impose penalty if the licensee violates the conditions regarding sale overcharging, misbehavior by drivers etc., AAI shall impose minimum penalty of Rs.500/-per instance per day for unsatisfactory performance. Also AAI may take action against the Licesee for termination of the Licence forthwith.
8) No rebate in licence fee shall be allowed to temporary closure of airport, reduction in the number of flight operations etc.
9) AAI reserves the rights to grant such permission to another agency at the same airport and the first agency shall have no objection whatsoever.
10) All taxes, levies and duties payable, under this licence, would be the licensees own liability and licensee shall be liable and responsible for payment of Income tax, Service tax and any other taxes and duties which may be levied by statutory authorities. Licensee shall comply with all laws, rules and regulations in force, as applicable to the said facility. The licensee shall keep and continue to keep Airports Authority of India premises, against any claim free and unencumbered from any liability in this regard.
11) INDEMNITY TO AUTHORITY :
A) Licensee shall indemnify and render harmless the Authority, from any loss,
liability, claim or damage that may be sustained by any person or cause to any property or, which may otherwise occur, in connection therewith, by reason of maintenance, use of operation of the said facility.
B) In the event of any sums of money, remaining due and payable on account of licence fees, of money assessments, outgoings or amount payable for electricity
Page 27 of 33
supply or any other charges that the Authority may decide, as being due, against the licensee and outstanding, in spite of being called upon to pay the same, Airports Authority of India, shall have a lien, on such properties (fixtures and fittings),as are installed under this license and licensee will not remove any asset or any part or any component thereof, without the permission, in writing, previously obtaining from the Authority who shall be , at liberty, to detain all or any of the materials, displayed in the premises, by the license and refuse to grant clearance/removal, until such time as AAI’s outstanding shall have not been paid, in full.
12) OTHER OBLIGATIONS OF LICENSEE :
A) During the continuance of this agreement, the licensee shall not commit or suffer
to be committed, any waste, spoils or destructions in or at the said space/site licensed.
B) On the expiry of the license period, Licensee shall promptly take action to remove the fixtures and fittings, from the licensed sites and, in the event of not removing, the fixtures and fittings, after the expiry of the licence period or, when the licence is terminated, for any reason, during the tenure of the license, for breach of terms and conditions or otherwise, Authority will be, at liberty, to remove them and dispose of the materials and adjust their sale proceeds, against the expenditure incurred by the Authority and, in case on any shortfall, the Authority shall be, at liberty, to recover the same from the licensee.
C) Licensee shall deliver / surrender peaceful possession of the sites, fixtures and fittings, equipments and installations, if any, provided by the Authority, in good condition and, if required, with substantial repairs, on the expiration of the license.
13) FORCE MAJEURE : ‘Force Majeure’ is hereby defined, as any cause, which is beyond the control of the Licensee or Airports Authority of India, as the case may be, which could not be foreseen, and which substantially affects the performance of the licence such as: (a) Natural phenomena including but not limited to floods, droughts, earthquakes and epidemics: Acts of any Government, domestic or foreign, including but not limited to war, declared or undeclared, priorities, quarantines, embargoes: provided either party shall within 15 (fifteen) days from the occurrence of such a cause notify the other, in writing, of such causes.
14) All the above guidelines form part of the agreement.
(SIGNATURE OF LICENSEE)
Page 28 of 33
ANNEXURE - VI
FORM OF BANK GUARANTEE
(To be executed on Non-Judicial Stamp Paper of Rs.100/- by the successful tenderer)
WHEREAS by a Licence Agreement dated __________________ made between AIRPORTS AUTHORITY OF INDIA, the Licensor (hereinafter called “the
AUTHORITY) of the one part and ____________________________________________________ (hereinafter referred to as “the Licensee”) of the other part, the Authority has granted to the
Licensee the licence for operating the ________________________________ (complete name and place of work) and the Licence Fee and Royalty and other
charges and for the due and performance of the covenants and conditions as stated or contained in the said Licence Agreement.
1. Now therefore in consideration of the promises aforesaid and the at the request of the licensee we, _________________________
do, hereby irrevocably and unconditionally undertake to pay to you, the Authority on demand and without demur or protest and without reference
to the Licensee, any sums of money at any time or from time to time demanded by the Authority on account of the Licence Fee and Royalty and other charges due from the Licensee (inclusive of any costs or expenses
and interest) and or by way of losses and damages caused or that would be caused to the Authority by reason of any breach by the Licensee of any
of the terms or conditions of the said Licence Agreement and AAI shall we sole judge for this demand: PROVIDED that our liability under this Guarantee shall be limited to a sum of
(Rupees………………………/USD………..……..) and extended for the amount increased from time to time as aforesaid.
2. Notwithstanding any right the Licensee may have against the Authority or
any dispute raised by the Licensee or any suit or proceedings pending in
any Court /Tribunal/ any statutory authorities relating thereto or before any Arbitrator(s), your written demand stating that the amount is due to
the Authority as stated herein above shall be conclusive evidence to us that the amount demanded by you, the Authority is payable under the terms of the said Licence Agreement without any consent or knowledge of
the licensee.
3. We shall not be discharged or released from the aforesaid undertaking and guarantee by any variation(s) or any of the terms & conditions of the said Licence Agreement made between the Authority and the Licensee and
or any act of omission on part of AAI or any indulgence to the Licensee by the Authority or any forbearance whether as to payment, time
performance or otherwise or to enforce any of the terms and conditions of the said Licence Agreement without our consent and knowledge.
4. This Guarantee shall be a continuing guarantee and binding on us and our successors and assignee(s) and shall not be discharged or affected by any
Page 29 of 33
change in the constitution of _______________ or that of the Licensee or the Authority.
5. We further confirm that the Guarantee has been issued with due
observance and compliance of the appropriate Exchange Control laws and Foreign Exchange Regulations and applicable laws as in force in India.
6. This Guarantee shall be valid till ________________ and you have the right to encash this Guarantee up to ____________ from the said date
unless extended on demand by AAI.
NOTWITHSTANDING anything contained herein:
I. Our liability under this Guarantee shall be limited to a sum of
_______________ during the currency of the contract and 3 months thereafter.
II. This bank guarantee shall be valid up to ____________ and you have the right to encash this guarantee up to 90 days from the said date.
III. We are liable to pay the guarantee amount or any part thereof under this
bank guarantee amount or any part thereof under this bank guarantee only and if you serve upon as a written claim or demand on or before _____________.
For Bank name Dated:
Place:
Witnesses:
Page 30 of 33
GUIDELINES TO BIDDERS FOR PARTICIPATING E-TENDERING
1. Electronic Procurement and Tendering (Bidding) portal of AAI
1.1 The bidders can visit and download the electronic bids (tenders) of AAI by
visiting the e-tendering and procurement system of AAI at the following
address (URL).
https://etender.aai.aero/irj/portal 1.2 The portal can also be visited from the website of AAI http://www.aai.aero,
where a link as “E-Tender” has been provided on the home page for this
purpose.
1.3 Please read the instruction carefully and completely along with frequently
asked Questions (FAQ) and system setting before you start with the
tender process. Bidders are also advised to go through the Privacy Policy
and Disclaimer as given on this portal.
2. Pre-requisites to submit tenders on line
a. As a first step each bidder is required to register himself before he can
proceed with the procurement and online submission of tenders on this
portal. On successful registration the user ID is displayed on the screen
and an e-mail containing user ID and password is sent to the bidder.
Kindly note down your user ID for all future correspondence. The detailed
registration process is given below in section-4. The registration process
is free without any charge.
b. For encryption and online submission of Bids the bidder should have a
legally valid Class III digital certificate as per Indian IT Act from the
licensed Certifying Authorities operating under the Root Certifying
Authority of India (RCAI), Controller of Certifying Authorities (CCA) of India. The details can be seen by visiting the link http://www.cca.gov.in.
c. The tender fee for the procurement of the tenders is required to be paid
online through the payment gateway. The gateway at present accepts all
valid VISA/MASTER cards. The payments are governed by the rules and
regulations of the payment gateway. AAI shall not be responsible for
denial of payment or non acceptance of the credit card by the Banking
gateway.
3. Recommended Browser & JAVA component:
3.1 The recommended browser for this portal is Internet Explorer (version
8.0). Other browsers like Mozilla Firefox etc. may encounter some
problem and should not be used.
3.2 The link to the JAVA component required for accessing the portal
successfully and downloading and uploading the documents without any
trouble is given on the home page. All bidders are advised to download
and install the JAVA component before they start accessing the portal. No
registration is required for this purpose.
4. Bidder Registration (access Authentication) Process
Anyone interested in AAI tenders can register themselves. Registration is free of
cost.
Step1 – Open internet explorer and type the link
http://etender.aai.aero/irj/portal.
Step2 – Click on „Apply for Access Authentication‟
5. The tender fee is to be paid through HDFC Bank Payment Gateway
provided in the portal.
Page 31 of 33
6. It may be noted that upload of technical documents entail heavy data and hence
the use of normal data card is not recommended for this activity. It is suggested
that landline broadband with minimum 2 MBPS speed should be used for this
activity. Bidders shall upload scanned copies of the technical documents in
legible form in a single Zip file.
7. For any technical assistance bidders may contact as mentioned below
(Help Desk Services):
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 https://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.
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. Timings Between
(08:00-19:00 Hrs)
Help Desk
Number
Escal-
ation
Matrix
E-mail Address
From Till
1. 08.00 Hrs 19.00 Hrs 011-
24626632
011-
24632950
Extn.3512
08510096161
08510096262
08510096363
2. Mr.Mukesh Kumar
Manager (IT)
011-
24632950,
Extn:3505
After 4
hours of
issue
3. Mr.Dharmendra Kumar
Assistant GM (IT)
011-
24632950,
Extn.3509
After 8
hours
4. Mr.A.K. Sharma,
JointGeneralManager
(IT)
011-
24647596
After 12
hours
5. General Manager (IT) After 24
hours
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.
Page 32 of 33
Required Documents
Tender Cost To be paid throu e-portal
EMD Amount To be paid throu Net Banking as provided in e-portal
Legal Status To be declared , in case of company, CoI to be submitted along with e-Technical Bid
Acceptance letter Refer Tender Documents- to be submitted along with e-Technical Bid
Experience Certificate Self declaration not considered as eligibility criteria. The experience certificate taken from second / third party and submitted along with e-Technical Bid
PAN Card copy To be submitted along with e-Technical Bid
Sales Tax Registration To be submitted along with e-Technical Bid
Service Tax Registration To be submitted along with e-Technical Bid
Memorandum & Articles of Association To be submitted along with e-Technical Bid
Self declaration Refer attachment for Declaration – Annexure VII & To be submitted on your letter head along with e-Technical Bid
No Dues Certificate To be obtained from AAI, if you are having contacts The party should also enclose the no dues certificate issued by AAI (Current and Past) in respect of all airports under its control. & To be submitted along with e-Technical Bid.
Profit & Loss A/c; Balance Sheet; In case of Sole Proprietor / Partnership firm, Profit & Loss A/c and Balance Sheet for the last Financial Year duly certified by Chartered Accountant, to be submitted in the e-Technical Bid..
Annual Report In case of Company, submitted the Annual Report for the last Financial Year.
Turnover Duly certified by Chartered Accountant, to be submitted in the e-Technical Bid.
e-Financial Bid is available under e-portal
Page 33 of 33
Annexure VII DECLARATION
I/We, -----------------------------, Name & full address, do hereby solemnly affirm and
state as follows:-
1. I/We are not having any contract with Airports Authority of India ( In case if you
have contracts with AAI, submit all the details with latest No Due Certificate and
Security Deposit details.)
2. I/We are not having any disputed / undisputed dues to AAI. ( In case if you have
any disputed / undisputed dues with AAI, submit all the details)
3. I/We are not debarred / blacklisted by CBI or AAI or undertakings/ Departments
like Railways, Defence or any other department of Government of India or State
Government. ( In case if you have debarred / blacklisted, submit all the details)
4. I/We are not facing any action under PPE act with AAI. ( In case if you have
faced PPE Act with AAI, submit all the details)
5. I/We are not facing any legal action by Court of law to pay the outstanding dues to
AAI at any of the airports ( In case if you have faced legal action, submit all the
details)
6. I/We do not have any relatives working with AAI. ( In case if you have any
relatives working with AAI, submit all the details)
7. I/ We do not belong to the category of “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 dues
with AAI”. (In case if you fall under anyone of the above category, please furnish
all such relevant details).
8. I/ We do “No raid/seizure/search has been carried out and/or pending by a
Regulatory Authority in respect of the license granted by AAI in any of the
Airport premises either against me and/or any member of the consortium or
against our/its associates or against any of the Directors/Managers/Employees” (In
case if you fall above category, please furnish all such relevant details).
All the facts stated above are true and correct to the best of my knowledge, belief and
information.
Date: