Professional Documents
Culture Documents
Tender for
Appointment of Consultant
for
Bid - Advisory Assistance and
Technical, Business
for & Financial
Due Diligence
Selection offor
Consultant
“Development of Greenfield Noida International Airport
on Design, Build, Finance, Operate and transfer basis at
Jewar, Gautam Buddh Nagar, Uttar Pradesh”
Bid No- 2019_AAI_28927_1
Business Development
Airports Authority of India
Rajiv Gandhi Bhawan
Safdarjung Airport
New Delhi-110003
bd@aai.aero
Disclaimer
DISCLAIMER
This tender Document is not an agreement and is neither an offer nor an invitation by
the AAI Representatives to any other party. The purpose of this tender Document is
to provide interested parties with information to assist the formulation of their
Proposal for Selection and Empanelment pursuant to this tender Document. This
tender Document includes statements, which reflect various assumptions and
assessments arrived at by AAI in relation to the Project. Such assumptions and
statements, in this tender Document do not purport to contain all the information that
each Applicant may require. This tender Document may not be appropriate for all
persons, and it is not possible AAI Representatives to consider the investment
objectives, financial situation and particular needs of each party who reads or uses
this tender Document. The assumptions, assessments, information and statements
contained in this tender Document may not be accurate, adequate and complete and
each Applicant should conduct its own enquiries and analyses, and should check the
accuracy, reliability and completeness of the assumptions, assessments, information
and statements in this tender Document, and obtain independent advice from
appropriate sources.
AAI Representatives make no representation or warranty and shall incur no liability to
any person, including any Applicant or Applicant, under any law, statute, rule or
regulation or tort, principles of restitution or unjust enrichment or otherwise for any
loss, damages cost or expense which may arise from or be incurred or suffered on
account of anything contained in this tender Document or otherwise, including the
accuracy, reliability or completeness of the tender Document and any assessment,
assumption or information contained therein or deemed to form part of this tender
Document or arising in any way with qualification of Applicants for participation in the
Bidding Process.
The AAI Representatives may in their absolute discretion, but without being under
any obligation to do so, update, amend or supplement the information in this tender
Document.
Table of Contents
DISCLAIMER........................................................................................................................ 2
1 INTRODUCTION ......................................................................................................... 6
1.1 Background ..................................................................................................... 6
1.2 Invitation for Assignment ............................................................................... 6
1.3 Instructions for Online Bidding ....................................................................... 7
1.4 Critical Dates for RFP .................................................................................... 13
2 INSTRUCTIONS TO APPLICANTS ............................................................................... 14
A General ......................................................................................................... 14
2.1 Scope of Services (TOR) ................................................................................ 14
2.2 Deliverables................................................................................................... 23
2.3 Team Details ................................................................................................. 24
2.4 Payment Terms ............................................................................................. 26
2.5 Number of Bids ............................................................................................. 27
2.6 Right to Accept or Reject any of the Bids .................................................... 27
2.7 Amendment of RFP Document ..................................................................... 27
2.8 Queries / Clarification ................................................................................... 27
B. Preparation and Submission of Proposal ................................................. 28
2.9 GENERAL INFORMATION .............................................................................. 28
2.10 DOCUMENTS TO BE FURNISHED IN TECHNICAL BID .................................... 28
2.11 COSTS AND EXPENSES ................................................................................... 30
2.12 Acknowledgement by the Applicant ............................................................. 30
2.13 Confidentiality ............................................................................................... 31
2.14 Conflict of Interest ........................................................................................ 31
2.15 Bid Security and Security Deposit ................................................................ 32
2.16 Instructions for Submission of Bid ............................................................... 33
2.17 Documents requiring submission in Original Hard copy: ............................ 35
2.18 Common instructions .................................................................................... 36
2.19 Financial Bid ................................................................................................. 36
2.20 Bid Due Date................................................................................................. 37
2.21 Right to Accept/ Reject ................................................................................. 37
3 CRITERIA FOR EVALUATION ..................................................................................... 38
Airports Authority of India (AAI) under the Ministry of Civil Aviation, Government of India,
invites Limited Tender from shortlisted reputed Consultants having requisite experience and
qualification for Appointment of Consultant For Bid – “Advisory Assistance and Technical,
Business & Financial Due Diligence For Development of Greenfield Noida International Airport
on Design, Build, Finance, Operate and transfer basis at Jewar, Gautam Buddh Nagar, Uttar
Pradesh”.
2) Last date for submission of tender is as per Clause 1.4 for “Critical Dates”.
4) AAI reserves the right to accept/cancel any tender in full or in part or to reject any or
all tenders without assigning any reason whatsoever. The tender documents are not
transferable.
AGM (BDC)
1 Introduction
1.1 Background
1.1.1 Airports Authority of India (AAI) is a statutory body established under the AAI Act
1994. AAI is a ‘Mini Ratna PSE’ under the Ministry of Civil Aviation, Government of
India. AAI currently manages a total of 130 Airports –23 International, 08 Customs,
79 Domestic including 20 other Civil Enclaves at Defence Airfields and is responsible
for planning, developing and construction of aerodromes and allied facilities for
sustained growth of civil aviation infrastructure in India. AAI also provides Air Traffic
Management Services (ATMS) over entire Indian Air Space and adjoining oceanic
areas with ground installations at all Airports and 25 other locations to ensure safety
of Aircraft operations.
1.1.2 AAI has entered into a Joint Venture at Mumbai, Delhi, Hyderabad, Bangalore and
Nagpur Airports to upgrade these Airports with private participation.
1.1.3 Further details about AAI are available on AAI website www.aai.aero .
1.2.2 As part of this endeavour AAI is bidding for Development of Greenfield Noida
International Airport on Design, Build, Finance, Operate and transfer basis at Jewar, Gautam
Buddh Nagar, Uttar Pradesh”. In this regard, AAI intends to seek offer from reputed,
committed and compatible organization with appropriate technical and financial
strengths for selection of prospective consultant. AAI proposes to utilise the services
of consultant for bid advisory assistance and due diligence for the following:
iii. Suggesting optimized development mix and phasing study to have objective to
maximize the revenue from the land side development bearing the constraints
imposed by the authority.
iv. Comprehensive study of RFP, DCA, TEFR and preparing queries for clarification;
v. To study the feasibility for participation in the Bid considering the RFP
parameters and liabilities;
vi. To study the financial & revenue model and bid preparation and submission;
vii. Participation in negotiations with Due Diligence Parties;
viii. Final recommendations on the transaction;
ix. To complete all documentation, along with Commercial, Legal and Technical
teams of AAI and / or its consultants, and assist AAI through all formalities
necessary for bid submission.
x. To determine fair bid price as per Bid parameter to facilitate AAI in taking
decision on participation.
(b) REGISTRATION
1) Bidders are required to enrol on the e-Procurement module of the Central Public
Procurement Portal (URL: https://etenders.gov.in/eprocure/app) by clicking on the
link “Online bidder Enrolment” on the CPP Portal which is free of charge.
2) As part of the enrolment process, the bidders will be required to choose a unique
username and assign a password for their accounts.
3) Bidders are advised to register their valid email address and mobile numbers as
part of the registration process. These would be used for any
communication from the CPP Portal.
4) Upon enrolment, the bidders will be required to register their valid Digital
Signature Certificate (Class II or Class III Certificates with signing key usage)
issued by any Certifying Authority recognized by CCA India (e.g. Sify / nCode/
eMudhra etc.), with their profile.
5) Only one valid DSC should be registered by a bidder. Please note that the bidders
are responsible to ensure that they do not lend their DSC’s to others which may
lead to misuse.
6) Bidder then logs in to the site through the secured log-in by entering their user
ID / password and the password of the DSC / e-Token.
1) There are various search options built in the CPP Portal, to facilitate bidders to
search active Bids by several parameters. These parameters could include
Tender ID, Organization Name, Location, Date, Value, etc. There is also an option
of advanced search for Bids, wherein the bidders may combine a number of
search parameters such as Organization Name, Form of Contract, Location, Date,
Other keywords etc. to search for a tender published on the CPP Portal.
2) Once the bidders have selected the Bids they are interested in, they may
download the required documents / tender schedules. These Bids can be moved
to the respective ‘My Tenders / My Bids’ folder. This would enable the CPP
Portal to intimate the bidders through SMS / e-mail in case there is any
corrigendum issued to the tender document.
3) The bidder should make a note of unique Tender ID assigned to each tender, in
case they want to obtain any clarification / help from the Helpdesk.
1) Bidder should take into account any corrigendum published on the tender
document before submitting their bids.
2) Please go through the RFP invitation and the RFP document carefully to
understand the documents required to be submitted as part of the bid. Please
note the number of covers in which the bid documents have to be submitted,
the number of documents - including the names and content of each of the
document that need to be submitted. Any deviations from these may lead to
rejection of the bid.
4) To avoid the time and effort required in uploading the same set of standard
1) Bidder should log into the site well in advance for bid submission so that they
can upload the bid in time i.e. on or before the bid submission time. Bidder will
be responsible for any delay due to other issues.
2) The bidder has to digitally sign and upload the required bid documents one by
one as indicated in the tender document.
3) Bidder has to select the payment option as “offline” to pay the RFP Document
fee & EMD /Bid Security as applicable and enter details of the instrument.
4) Bidder should prepare the RFP Document fee & EMD/Bid Security as per the
instructions specified in the tender document. The original should be posted/
couriered/ delivered at the address and latest by the last date as specified in the
tender documents. The details of the DD/any other accepted instrument,
physically sent, should tally with the details available in the scanned copy and
the data entered during bid submission time. Otherwise the uploaded bid may
be rejected.
5) Bidders are requested to note that they should necessarily submit their financial
bids in the format provided and no other format is acceptable. If the price bid
has been given as a standard BOQ format with the RFP document, then the same
is to be downloaded and to be filled by all the bidders. Bidders are required to
download the BOQ file (which is in excel format), open it and complete the white
colored (unprotected) cells with their respective financial quotes. No other cells
should be changed. Once the details have been completed, the bidder should
save it and submit it online, without changing the filename. If the BOQ file is
found to be modified by the bidder, the bid will be rejected.
7) All the documents being submitted by the bidders would be encrypted using PKI
encryption techniques to ensure the secrecy of the data. The data entered
cannot be viewed by unauthorized persons until the time of bid opening. The
confidentiality of the bids is maintained using the secured Socket Layer 128-bit
encryption technology. Data storage encryption of sensitive fields is done. Any
bid document that is uploaded to the server is subjected to symmetric
encryption using a system generated symmetric key. Further this key is subjected
to asymmetric encryption using buyers/bid opener’s public keys. Overall, the
uploaded tender documents become readable only after the tender opening by
the authorized bid openers.
8) The uploaded tender documents become readable only after the tender opened
by the authorized bid openers.
9) Upon the successful and timely submission of bids (i.e. after Clicking “Freeze Bid
Submission” in the portal), the portal will give a successful bid submission
message & a bid summary will be displayed with the bid no. and the date & time
of submission of the bid with all other relevant details.
10) The bid summary has to be printed and kept as an acknowledgement of the
submission of the bid. This acknowledgement may be used as an entry pass for
any bid opening meetings.
2) The password should be of any English lowercase and uppercase (a-z and A-Z)
characters.
4) The password must contain at least one special character from these [! @ # $ ^
* _ ~]
2) Like physical documents are signed manually, electronic documents, for example
e-forms are required to be signed digitally using a Digital Signature Certificate.
Transactions that are done using Internet if signed using a Digital Signature
certificate becomes legally valid.
5) Digital Signatures are legally admissible in a Court of Law, as provided under the
provisions of IT.
7) Each user logs in to the tender site thro' the secured log in by giving the user id/
password allotted during registration & then by giving the password of the DSC.
The DSC password will get locked if successively wrong password is given many
times.
for bidders.
3) The time taken by Certifying Authorities to issue a DSC may vary from three to
seven days.
1) Any queries relating to the tender document and the terms and conditions
contained therein should be addressed to the Bid Inviting Authority for a tender
or the relevant contact person indicated in the tender.
2) Any queries relating to the process of online bid submission or queries relating
to CPP Portal in general may be directed to the 24x7 CPP Portal Helpdesk. For
any Technical queries related to Operation of the Central Public Procurement
Portal Contact at : Mobile Numbers: 91 8826246593, Tel: 0120- 4200462,
0120-4001002, 0120-4001005. E-Mail: support-eproc[at]nic[dot]in. For online
assistance by AAI CPP Helpdesk contact on 011-24632950 Ext-3512 (Monday to
Saturday 0900 hrs to 1800 hrs)
1.3.2 Tender Fee: Prior to submission of the Bid, the Bidder shall pay to the Authority a
sum of Rs 1180 (Rupees One Thousand Eight Hundred Only) including GST as the
cost of the RFP documents. The cost is to be paid in the form of a Demand Draft
issued by one of the Nationalized / Scheduled Banks in India in favour of the Airports
Authority of India, payable at New Delhi. The Demand Draft shall remain valid for at
least 60 days after the Bid Due Date.
2 Instructions to Applicants
A General
2.1.1 Airports Authority of India (from here on referred to as ‘AAI’) intends to appoint a
Consultant for Bid - Advisory Assistance and complete Technical, Business &
Financial Due Diligence and valuation of Development of Greenfield Noida International
Airport on Design, Build, Finance, Operate and transfer basis at Jewar, Gautam Buddh
Nagar, Uttar Pradesh Development of Greenfield Noida International Airport on Design,
Build, Finance, Operate and transfer basis at Jewar, Gautam Buddh Nagar, Uttar Pradesh
(from here on referred to as ‘Project’) covering Technical, Financial, Business and
Commercial aspects of the Project.
2.1.3 AAI wishes to engage the services of a Financial Consultant and Project Advisor for
Technical, Financial, Business and Commercial valuation, bid preparation, bid
submission, negotiations, documentation and finalization of the transaction. The
Consultant shall provide an independent view, provide project appraisal and project
advisory services to AAI. After completion of Technical, Business and Financial
valuation and project appraisal, the Consultant shall provide all information,
analyses, evaluations and inputs to AAI. The Consultant shall submit a Draft Business
Valuation Report after considering all technical and legal inputs including from AAI
and its other advisors along with presentations on the findings of due diligence
exercise to AAI’s Management and Team. A complete Final Report would be
submitted after incorporating comments from AAI.
ii. The Consultant shall be the overall coordinator and shall also be the lead advisor.
The required inputs on Technical and Legal aspects shall be obtained by the
Consultant, from the Technical, Commercial and Legal teams of AAI and / or its
consultants.
iii. The Business and financial due diligence shall be carried out in stages and the
detailed scope of work for all the stages is defined below. The scope of work
indicated below is not sequential but generally relate to sections of the due
diligence reports as desired by AAI. The Consultant shall review, analyze and
develop the reports and concept papers along with their recommendations.
Project Scope A
2.1.5 The consultant shall provide the following services on an exclusive basis to AAI –
Note: The consultant can associate maximum two nos. of specialised technical
firm(s) having experience of executing similar work for minimum three
International Airports of design capacity 5 (Five) million passengers per annum.
iii. The consultant shall review the Tariff Proposal for Jewar Airport as per
the AERA guidelines
iv. The consultant shall prepare the Tariff Proposal for Jewar project as per
the AERA guidelines and the same tariff shall be used for computation of
Project viability in the financial/revenue model.
f. Demand analysis for potential Air Cargo facilities: This task shall involve
assessment of potential demand (Cargo volumes) and corresponding revenues
expected for various potential facilities at the proposed logistics hub at Jewar.
This exercise shall draw on air cargo demand assessment and tariff assessment
as discussed in above tasks. Analysis of expected cargo volume growth in the
region based on (i) expected commodity wise growth rates, and (ii) specific
planned investments in the catchment area that are likely to add to cargo
volumes in the near future.
This stage would include assessment of the RFP and Draft Concession
Agreement (DCA) with subsequent amendments, if any and mapping the risk
and responsibility matrix based on the review. The review would lead to an
understanding of the broad risk clauses which the developer would be exposed
to. Consultant will at this stage also estimate the maximum possible risk which
the developer can be exposed to. Their endeavour would also be directed
towards suggesting risk mitigation measure to minimize the effects of
identified risks.
This would include the following activities:
i. Review of tender documents.
ii. Preparation of risk matrix based on the contracting principles
used in the DCA.
iii. Identification of the key risks allocated to the developer.
iv. Estimation of the maximum liabilities in case any key risk
materializes.
i. Financial analysis and preparation of the Financial Model for the proposed
bidding
i. Financial analysis for the overall Airport project. The key output of this
exercise shall be and assessment of profitability – including sensitivity
analysis – of the project at different levels of concession fee outgoes.
l. Advise the Authority on the opportunity cost for not participating in the
Project.
The consultant shall be required to assist AAI in the following tasks related to bid
process:
1. Due Diligence
a. Assist AAI during the bidding process in reviewing the bid documents (such as
RFP, Draft Concession Agreement etc.) and aspect / clauses that may have a
potential bearing on the preparation of bidding Plan / Financial Model for the
proposed airport. Based on the review of bidding documents, submit brief
notes identifying any key issues / risks related to the Project and possible
approach.
b. Analyse the risk of the Project contractual terms and advice on mitigation
mechanisms to be considered and the appropriate allocation of such risk
during the Project and the bidding process including the identification of
factors of the Project critical for its future success.
a. Assist AAI in identifying and defining its common objectives and expectations
in respect of risk, return and bidding strategy.
c. Assist the AAI in bid Q&A process and in obtaining clarification from the
tendering authority.
3. Bid submission:
a. Assist the AAI in the preparation of the financial section of the bid submission
and in securing relevant documents from potential financiers.
i. The data room will be organized in Delhi and discussion for bid preparation,
bid submission, negotiations, execution of documents may take place in Jewar
and Delhi.
ii. The Consultant shall make adequate site visits to the Project, and hold
discussions with senior representatives of the AAI, interview the site personnel
as required for due diligence examination.
Project Scope B
(a) The Consultant may assist the Authority on achievement of the Financial
Closure on mutually agreed terms and conditions , if required.
2.2 Deliverables
i. The duration of the appointment shall be for One year from the date of
Agreement.
ii. Deliverables to be submitted for the successful completion shall comprise of
(but is in no way limited to) the following:
Stage-IV) Completion of RFP (Bid) including all Before 15 days from the date of
submittals for the final quote of annual submission of tender.
premium.
iii. The Consultant shall submit to AAI all the basic data, interpretations, analysis,
spreadsheets, quantitative tools, reports covering the above scope of work
including the findings of the due diligence study etc along with supporting
relevant documents.
iv. The deliverables to AAI shall also include assumptions, modelling and
simulation packages (hard & soft copies).
v. The Consultant will submit a Draft due diligence and valuation report along with
a presentation on the findings, salient features of report to AAI’s Management
/ Team. Comments given thereafter shall be incorporated before submission of
the Final Report. Both the final as well as the draft reports must indicate the
sources of data at all places.
vi. All the deliverables, including the draft report, shall be submitted to AAI in Four
(4) sets of hard copies and Two (2) sets of soft copies.
vii. Consultant shall also give presentations to AAI Management and/or Board of
Directors both at the draft report stage and the final report stage, based on
complete appraisal of the project.
Payments for Project Scope B shall be capped to 10 % of the accepted fees for this
assignment and shall only be payable in case AAI is successful bidder.
(b) In order to provide the Applicants a reasonable time to examine the Addendum, or for
any other reason, AAI may, at its own discretion, extend the Bid Due Date.
include a description of the query and the response of AAI without identifying the source of
the query.
2.9.1 All the information requested for shall be answered in English only. The applicant
must sign in all the pages of this complete tender document as a token of
unconditional acceptance of the same.
2.9.2 The factors outlined in the tender document shall be considered for evaluation.
However, mere satisfaction of the stipulated conditions will not make an applicant
eligible for selection as the short-listing will be done on the basis of quality of
experience, confidence and comfort the party exhibits and the overall acceptability.
2.9.3 Agencies shall submit copies of certificates in support of the relevant assignments/
experience in respect of the bidder’s substantiating their credentials.
2.9.5 Even though a party meets all the criteria, it shall be disqualified if it has:
2.10.1 All applications shall furnish the following information and documents in the format
and forms attached to this information along with relevant document and
certificates:
(a) Appendix – I
1. Format for letter of Bid
2. Particulars of the Applicant
3. Power of Attorney for signing the Bid
4. Details of relevant assignments/ experience in respect of the bidder’s
credential
5. Details of Financial Capacity along with Copies of Bidder’s duly audited
balance sheet and profit & loss account for the three Financial years
preceding the Bid Due Date and other related supporting documents.
6. Particulars of Key Personnel
7. CV of Key Personnel
8. GST Undertaking with GST no
9. Bid Undertaking
10. Integrity Pact
11. Copy of Demand draft for Bid Security
12. Proof of paid tender fee
13. Copy of Memorandum and Articles of Association/ Certificate of
incorporation under Companies Act, 1956/ 2013 or LLP act, if the Bidder
is a body corporate, and if a partnership then a copy of its partnership deed.
14. Letter of Association from Associate/Expert, if applicable .The letter of
association shall be signed by both parties i.e. Consultant as well as the
Associate/Expert and shall be Notarized.
Note:
a. Information relating to any litigation, current or during the last five years in
which the Firm/Company is involved, the parties concerned and the disputed
amount.
b. An undertaking stating that none of the present and past directors (in last 3
years) has been convicted for a criminal involvement.
2.12.1 It is desirable that each Applicant submits it’s Proposal after collection of required
information and analysis or any other matter considered relevant by it.
2.12.2 It shall be deemed that by submitting the Proposal, the Applicant has:
(c) Acknowledged and accepted the risk of inadequacy, error or mistake in the
information provided in the tender or furnished by or on behalf of the AAI.
2.12.3 AAI shall not be liable for any mistake or error on the part of the Applicant in respect
of the above or on account of any matter or thing arising out of or concerning or
relating to tender or the Selection Process including any error or mistake therein or
in any information or data given by the AAI.
2.12.4 AAI reserve the right to disallow issue of tender document to working agencies
whose performance at ongoing project (s) is below par
and usually poor and has been issued letter of restrain/Temporary/Permanent debar
by any department of AAI. AAI reserve the right to verify the credential submitted
by the agency at any stage (before or after the award the work). If at any stage, any
information /documents submitted by the applicant is found to be incorrect/false or
have some discrepancy which disqualifies the firm then AAI shall take the following
action:
(a) The agency shall be liable for debarment from tendering in AAI, apart from
any other appropriate contractual /legal action.
2.12.5 To facilitate evaluation of Proposals, AAI, at its sole discretion, may seek clarifications
through e-portal/ in writing from any Applicant regarding its Proposal. Such
clarifications shall be provided within the time specified by AAI, as the case may be,
for this purpose. Any request for clarifications and all clarifications shall be through
e- tender portal only.
2.12.6 If an Applicant does not provide clarifications sought under Sub-Clause 2.12.5 above
within the prescribed time, its Proposal shall be liable to be rejected. In case the
Proposal is not rejected, AAI may proceed to evaluate the Proposal by construing the
particulars requiring clarification to the best of its understanding, and the Applicant
shall be barred from subsequently questioning such interpretation.
2.13 Confidentiality
2.13.2 AAI shall not divulge any such information unless it is ordered to do so by any
authority pursuant to applicable law or order of a competent court or tribunal, which
requires its disclosure.
may place it in a position of not being able to carry out the assignment for which it has been
engaged.
a. Bid Security in the form of Cash or any other form shall not be accepted. Bid
Security of unsuccessful bidders shall be refunded within 7 days of their
rejection. For all bidders who qualify and their financial bids are opened the
refund of Bid Security of all unsuccessful bidders shall be processed within 7
days of opening of the financial bid.
ii) The Security Deposit shall be 10% of the contract value and shall be deducted at the
rate of 10% of gross amount of each running bill till the total amount of security deposit
is recovered. The Bid Security deposited by the Selected Applicant shall be adjusted
against the security deposit. In lieu of Security deposit, Bank Guarantee(as per the
format given at Form-10) issued by Nationalised/Scheduled Bank (but not from co-
operative / Gramin bank) may also be submitted, however the Security Deposit upto
an amount of Rs.5,00,000 (Rupees Five Lacs only) shall be deducted in cash from the
running bills and Bank Guarantee shall be acceptable for the balance amount of Security
Deposit.
iii) Any Bid not accompanied by the valid Bid Security shall be rejected by the Authority
as non-responsive.
iv) The Authority shall not be liable to pay any interest on the Bid Security and the same
shall be interest free.
v) The Applicant, by submitting its Application pursuant to this RFP, shall be deemed to
have acknowledged that without prejudice to the Authority’s any other right or remedy
hereunder or in law or otherwise, the Bid Security shall be forfeited and appropriated
by the Authority as the mutually agreed pre-estimated compensation and damage
payable to the Authority for, inter alia, the time, cost and effort of the Authority in
regard to the RFP including the consideration and evaluation of the Bid under the
following conditions:
(b) If an Applicant withdraws its Bid during the period of its validity as specified in
this RFP and as extended by the Applicant from time to time;
(c) If the Applicant withdraws its Bid (offer) during the interval between the Bid Due
Date and expiration of the Bid Validity Period.
(d) If the successful Applicant fails to accept the Letter of Acceptance in writing
within the time specified in this document or any extension thereof granted by
AAI.
(e) If the successful Applicant (Agency) fails to sign the agreement within the time
specified in this document or any extension there‐of granted by AAI.
(f) If the Applicant imposes any condition after the Bid Due Date affecting the
original Bid.
2.16.2 Prospective Tenderers are advised to get themselves acquainted for CPP portal e-
tendering participation requirements as per Clause-1.3.
2.16.3 The following 2(two) envelopes shall be submitted through e-portal by the bidder:
Envelope-I (Technical Bid): The scanned copy of following documents shall constitute the
Technical Bid and to be submitted as Envelope I:
Forms:
OTHER DOCUMENTS
14 Tender fee of Rs. 1080 /- (Rupees Twenty thousand Only) in the form of Demand Draft
issued by one of the Nationalized/Scheduled Banks in India in favour of the Airports
Authority of India, payable at New Delhi .
15 Bid Security of Rs. 5,00,000/- (Rupees Five Lacs Only) in the form of Demand Draft
issued by one of the Nationalized/Scheduled Banks in India in favour of the Airports
Authority of India, payable at New Delhi.
Envelope II-Financial Bid: Financial Bid duly filled and digitally signed in MS Excel format
shall be submitted only online. The Financial Bid Format is as per Appendix-II.
Utmost care should be taken to upload the Financial Bid. Any change in the format of
Financial Bid file shall render it unfit for bidding. Following Steps may be followed in
submission of Financial Bid:
(b) The same XLS / XLSX file is a password protected file. Don’t unprotect the
file.
(c) Fill ‘Bidder's Name’ & ‘financial quote’ in coloured unprotected cells only in
the downloaded BOQ.
(d) Validate the above sheet and save the same file in your computer and upload
this duly filled file.
Note: - Please note that the format of Financial Bid is only for the purpose of
reference/acclimatization, the bidder needs to submit the financial bid online as per the
procedure mentioned above.
1. Letter of Bid
2. Power of Attorney for signing the Bid.
3. Letter of Association from Associate/Expert, if applicable. The letter of
association shall be signed by both parties i.e. Bidder as well as the
Associate/Expert and shall be notarized.
4. Demand Draft or Bank Guarantee towards Bid Security.
5. Demand Draft of Tender Fee.
6. GST undertaking with GST no.
7. Bid undertaking
8. Integrity Pact.
The envelope shall be sealed, marked with Bidder’s name and labelled as Submittals
(in original) for- “Appointment of Consultant For Bid - Advisory Assistance and
Technical, Business & Financial Due Diligence For Development of Greenfield
Noida International Airport on Design, Build, Finance, Operate and transfer basis at
Jewar, Gautam Buddh Nagar, Uttar Pradesh”.
2.18.2 The Bid shall be summarily rejected if the Hard copy of all or any of the documents
mentioned herein is not received by AAI on or before stipulated date and time.
2.18.3 The envelope containing hard copies as per Clause 2.18.1 shall be addressed to:
ATTN. OF ADDRESS:
Asstt. General Manager,
Business Development
Airports Authority of India,
Room No. 306, 3rd Floor, C-Block
Rajiv Gandhi Bhawan, Safdarjung Airport,
New Delhi -110003
Email: bd@aai.aero
While submitting the Financial Bid (Envelop II), the Applicant shall ensure the following:
(a) All the costs associated with the assignment shall be included in the Financial Bid.
These shall normally cover remuneration for all the Personnel (Expatriate and Resident,
in the field, office etc.), support staff services, office rent, accommodation, office
supplies &furniture, transportation, air fare, office equipment, communication, printing
of documents, surveys, investigations etc. The amount indicated in the Financial Bid
shall be without any condition attached or subject to any assumption, and shall be final
and binding. In case any assumption or condition is indicated in the Financial Bid, it
shall be considered non- responsive and liable to be rejected.
(b) The Financial Bid shall take into account all expenses and tax liabilities except GST.
For the avoidance of doubt, it is clarified that all levies, taxes shall be deemed to be
included in the tendered amount shown under the Financial Bid. The Tendered amount
shall be exclusive of GST which shall be reimbursed upon production of documentary
evidence as per the applicable laws. Further, all payments shall be subject to deduction
ii) AAI may, in exceptional circumstances, and at its sole discretion, extend the Bid Due
Date by issuing Corrigendum/Addendum in accordance with Clause 2.7, uniformly for
all Applicants.
ii) AAI reserve the right to disallow issue of tender document to working agencies whose
performance at ongoing project(s) is below par and usually poor and has been
issued letter of restrain/Temporary/Permanent debar by any department of AAI. AAI
reserves the right to verify the credential submitted by the agency at any stage (before
or after the award the work). If at any stage, any information /documents submitted by
the applicant is found to be incorrect/false or have some discrepancy which disqualifies
the firm then AAI shall take the following action:
(a) Forfeit the entire amount of BID SECURITY submitted by the firm.
(b) The agency shall be liable for debarment from tendering in AAI, apart from
any other appropriate contractual /legal action.
iii) Bids received by the Authority after the specified time on the Bid Due Date shall not
be eligible for consideration and shall be summarily rejected.
iv) The Bidder may modify, substitute or withdraw its Bid on the e-tender portal prior to
the Bid Due Date as permissible by e-tender portal. No Bid shall be modified,
substituted or withdrawn by the Bidder on or after the Bid Due Date.
3.1.1 The bidder shall quote lump sum fee for the proposal. The quoted fees shall be
inclusive all taxes, duties, levies etc. but excluding GST.
3.1.2 The fees shall be quoted in the portal only. Significant lack of clarity on any cost of
item as called for above could lead to the bid being rejected, if it hinders a uniform
evaluation process, even if the bid meets all other bidding and technical criteria.
3.1.3 AAI will determine whether the Financial Proposals are complete, unqualified and
unconditional. The cost indicated in the Financial Proposal shall be deemed as final.
Omissions, if any, in costing any item shall not entitle the firm to be compensated
and the liability to fulfil its obligations as per the TOR within the quoted price shall
be that of the Consultant.
3.1.4 Applicants are advised that Selection shall be entirely at the discretion of AAI.
Applicants shall be deemed to have understood and agreed that AAI shall not be
required to provide any explanation or justification in respect of any aspect of the
Selection Process or Selection.
3.1.5 Any information contained in the Proposal shall not in any way be construed as
binding on the Authority, its agents, successors or assigns, but shall be binding
against the Applicant if the Consultancy is subsequently awarded to it.
3.1.6 The Applicants qualified as aforesaid will be eligible for short listing. However, if the
response is not adequate then AAI at its sole discretion can extend or cancel the
process.
4.1.2 Without prejudice to the rights of AAI under Clause 3.1.1 hereinabove, if an
Applicant or Consultant, as the case may be, is found by the AAI to have directly or
indirectly or through an agent, engaged or indulged in any corrupt practice,
fraudulent practice, coercive practice, undesirable practice or restrictive practice
during the Selection Process, or after the issue of the notification of empanelment,
such Applicant or Consultant shall not be eligible to participate in any tender or
tender issued by AAI during a period of 2 (two) years from the date such Applicant
or Consultant, as the case may be, is found by AAI to have directly or through an
agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice, as the case may be.
4.1.3 For the purposes of this Section, the following terms shall have the meaning
hereinafter respectively assigned to them:
(a) “Corrupt practice” means (i) the offering, giving, receiving, or soliciting,
directly or indirectly, of anything of value to influence the action of any
person connected with the Selection Process; or (ii) save as provided herein,
engaging in any manner whatsoever, whether during the Selection Process
or after the issue of the letter of award, as the case may be, any person in
respect of any matter relating to the Selection Process, any official of the AAI
who is or has been associated in any manner, directly or indirectly with the
Selection Process, who at any time has been or is a legal, financial or
technical consultant/ advisor of AAI in relation to any matter concerning the
Project;
(d) “Undesirable practice” means (i) establishing contact with any person
connected with or employed or engaged by the AAI with the objective of
canvassing, lobbying or in any manner influencing or attempting to influence
the Selection Process; or (ii) having a Conflict of Interest; and
5 Miscellaneous
5.1 GENERAL GUIDELINES
5.1.1 The Selection Process shall be governed by, and construed in accordance with, the
laws of India and the Courts at New Delhi shall have exclusive jurisdiction over all
disputes arising under, pursuant to and/or in connection with the Selection Process.
5.1.2 AAI, in its sole discretion and without incurring any obligation or liability, reserves
the right, at any time, to:
(a) Suspend and/or cancel the Selection Process and/or amend and/or
supplement the Selection Process or modify the dates or other terms and
conditions relating thereto;
(b) Consult with any Applicant in order to receive clarification or further
information;
(c) Retain any information and/or evidence submitted to AAI by, on behalf of
and/or in relation to any Applicant; and/or
(d) Independently verify, disqualify, reject and/or accept any and all submissions
or other information and/or evidence submitted by or on behalf of any
Applicant. The bidder will be disqualified :
ii. If an Applicant withdraws its Proposal during the period of its validity as
specified in this RFP and as extended by the Applicant from time to time;
iii. If the Applicant withdraws its proposal (offer) during the interval
between the Proposal Due Date and expiration of the Proposal Validity
Period.
vi. If the Applicant imposes any condition after the proposal due date
affecting the original proposal.
5.1.3 It shall be deemed that by submitting the Proposal, the Applicant agrees and
releases AAI, its employees, agents and advisers, irrevocably, unconditionally, fully
and finally from any and all liability for claims, losses, damages, costs, expenses or
liabilities in any way related to or arising from the exercise of any rights and/or
performance of any obligations hereunder, pursuant hereto and/or in connection
herewith and waives any and all rights and/or claims it may have in this respect,
whether actual or contingent, whether present or future.
5.1.4 All documents and other information supplied by AAI or submitted by an Applicant
shall remain or become, as the case may be, the property of AAI. AAI will not return
any submissions made hereunder. Applicants are required to treat all such
documents and information as strictly confidential.
5.1.5 AAI reserves the right to make inquiries with any of the clients listed by the
Applicants in their previous experience record.
5.1.6 The Consultant will enter into a Confidentiality/Non Disclosure Agreement, in the
prescribed format, with AAI for non-disclosure of information relating to the
transaction, without prior permission of AAI.
AAI is not bound contractually or in any other way to any Proponent to this Tender.
AAI is not liable for any costs or compensation in relation to the consideration of this
Tender or any Tender by the Proponents whether or not AAI terminates, varies, or
suspends the Tender process or takes any other action permitted under this Tender,
including consideration of concepts proposed in future developments. AAI may ask
the parties who have submitted Tender to make a presentation before its
management on their proposal/plan to go for in Planning, Development,
Managements & Operations of Airports and Aviation related services for which no
expenses/cost shall be reimbursed.
5.4.1 Notwithstanding the provisions of contract, the bidder shall not be liable for
forfeiture of its Performance Security, or termination for default, if any to the extent
that, its delay in performance or other failure to perform its obligations under the
contract is the result of an event of Force Majeure.
5.4.2 For purposes of this clauses, “Force Majeure” means an event beyond the control of
the bidder and not involving the bidder’s fault or negligence and not foreseeable.
Such events may include but are not restricted to acts of the purchaser either in its
sovereign or contractual capacity, wars or revolutions, fires, floods, epidemics,
quarantine restrictions and freight embargoes.
5.4.3 If a Force Majeure situation arises, the bidder shall promptly notify the Airports
Authority of India in writing of such conditions and the cause thereof. Unless
otherwise directed by the purchaser in writing the bidder shall continue to perform
its obligations under the contract as far as is reasonably practical and shall seek all
prevented by the force majeure event.
Airports Authority of India may terminate this contract, by giving a written notice of
minimum 30 days to the bidder being unable to perform a material portion of the
services for a period of more than 60 days.
Airports Authority of India may at any time terminate the contract by giving written
notice to the bidder, without compensation to the bidder, if the bidder becomes
bankrupt or otherwise insolvent provided that such termination will not prejudice or
affect any right of action or remedy which has accrued or will accrue thereafter to the
Airports Authority of India.
5.6.1 The Consultant’s liability under this tender shall be determined by the Applicable
Laws and the provisions hereof.
5.6.2 The Consultant shall be liable to AAI for any direct loss or damage accrued or likely
to accrue due to deficiency in Services rendered by it.
5.6.3 In case of negligence or wilful misconduct on the part of the Consultant or on thepart
of any person or firm acting on behalf of the Consultant in carrying out the Services,
the Consultant, with respect to damage caused to AAI’s property, shall not be liable
to AAI:
(ii) For any direct loss or damage that exceeds the Agreement Value set forth in
Agreement.
This limitation of liability shall not affect the Consultant’s liability, if any, for damage
to Third Parties caused by the Consultant or any person or firm acting on behalf of
the Consultant in carrying out the Services.
5.7.1 Airports Authority of India may, by written notice to the bidder, terminate the
contract, in whole or in part at any time for its convenience. The notice of
termination shall specify that termination is for the Airports Authority of India
convenience, the extent to which performance of work under the contract is
terminated and the date upon which such termination becomes effective.
5.7.2 Airports Authority of India shall pay the bidder up to the last milestones achieved,
as per the specified payment schedule.
If any dispute arises out of the contract with regard to the interpretation, meaning
and breach of the terms of the contract, the matter shall be settled as per Arbitration
and Reconciliation Act 1996 with its amendments from time to time.
Date:
To
______________________
______________________
Ref:
Dear Sir,
1. With reference to your Tender Document dated ………….., I/we, having examined all
relevant documents and understood their contents, hereby submit our Proposal for
selection for “Appointment of Consultant For Bid - Advisory Assistance and Technical,
Business & Financial Due Diligence For “Development of Greenfield Noida International
Airport on Design, Build, Finance, Operate and transfer basis at Jewar, Gautam Buddh
Nagar, Uttar Pradesh”. The proposal is unconditional and unqualified.
2. All information provided in the Proposal and in the Appendices is true and correct
and all documents accompanying such Proposal are true copies of their respective
originals.
3. This statement is made for the express purpose of appointment as the Consultant
for the aforesaid work.
4. I/We shall make available to the AAI any additional information it may deem
necessary or require for supplementing or authenticating the Proposal.
5. I/We acknowledge the right of the AAI to reject our application without assigning
any reason or otherwise and hereby waive our right to challenge the same on any
account whatsoever.
(a) I/We have examined and have no reservations to the tender Documents,
including any Addendum issued by the AAI;
(b) I/We do not have any conflict of interest in accordance with Clause 1.13 of
the Tender Document;
(c) I/We have not directly or indirectly or through an agent engaged or indulged
in any corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice, as defined in Clause 3.1.3.of the Tender
document, in respect of any tender or request for proposal issued by or any
agreement entered into with the AAI or any other public sector enterprise or
any government, Central or State; and.
(d) I/We hereby certify that we have taken steps to ensure that in conformity
with the provisions of Section 3 of the Tender, no person acting for us or on
our behalf will engage in any corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice.
6. I/We understand that you may cancel the Selection Process at any time and that
you are neither bound to accept any Proposal that you may receive nor to select
the Consultant, without incurring any liability to the Applicants in accordance with
clauses of the Tender document.
7. I/We certify that in regard to matters other than security and integrity of the
country, we or any of our Associates have not been convicted by a Court of Law or
indicted or adverse orders passed by a regulatory authority which would cast a
doubt on our ability to undertake the Consultancy for the Study or which relates to
a grave offence that outrages the moral sense of the community.
10. I/We hereby irrevocably waive any right or remedy which we may have at any stage
at law or howsoever otherwise arising to challenge or question any decision taken
by the AAI [and/ or the Government of India] in connection with the selection of
Consultant or in connection with the Selection Process itself in respect of the above
mentioned Study.
11. I/We agree and understand that the proposal is subject to the provisions of the
Tender document. In no case, shall I/we have any claim or right if bid is not opened
or rejected.
12. A Power of Attorney in favour of the authorized signatory to sign and submit this
Proposal and documents is attached herewith in Form 3.
13. In the event of our firm being selected as the Consultant, I/we agree to abide by
the terms & conditions of the assignment as finalized.
14. I/We have studied Tender and all other documents carefully and also surveyed the
Study site. We understand that except to the extent as expressly set forth in the
Agreement, we shall have no claim, right or title arising out of any documents or
information provided to us by the AAI or in respect of any matter arising out of or
concerning or relating to the Selection Process including the award of Consultancy.
15. I/We agree and undertake to abide by all the terms and conditions of the Tender
Document. I/we hereby unconditionally accept the tender conditions of AAI’s
tender documents in its entirety for the above work.
16. The contents of Tender document have been noted wherein it is clarified that after
unconditionally accepting the tender conditions in its entirety, it is not permissible
to put any remarks/conditions (except unconditional rebate on quoted rates if any)
in the tender document and the same has been followed in the present case. In
case, this provisions of the tender if found violated after opening of tender, I/We
agree that the tender shall be rejected.
17. 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.
In witness thereof, I/we submit this Proposal under and in accordance with the
terms of the Tender Document.
Yours faithfully,
2. Status of Applicant
6. Average annual Turn Over as per latest audited annual account or as per Chartered
Account’s certificate (Chartered Account’s certificate before the submission of tender)
7. Information regarding any litigation, current or during the last five years.
11. Details of individual(s) who will serve as the point of contact /communication for AAI
with the Applicant:
i. Name :
ii. Designation :
iii. Company/Firm :
iv. Address :
v. Telephone number :
vi. E-mail address :
vii. Fax number :
Date:
Necessary Documentary Proof i.e. Certificate from Banker (in case of Proprietor
Ship, Copy of Partnership Deed in case of Partnership firm and Certificate of
Incorporation in case of Pvt. Ltd and Ltd Co. is required.
Know all men by these presents, we, ......................................... (name of Firm and address of
the registered office) do hereby constitute, nominate, appoint and authorize Mr./
Ms........................................ son/daughter/wife and presently residing
at ........................................, who is presently employed with us and holding the position
of .................... as our true and lawful attorney (hereinafter referred to as the “Authorized
Representative”) to do in our name and on our behalf, all such acts, deeds and things as are
necessary or required in connection with or incidental to submission of our Proposal for and
selection as the Consultant …………….. including but not limited to signing and submission of
all applications, proposals and other documents and writings, participating in pre-bid and
other conferences and providing information/ responses to the AAI, representing us in all
matters before the AAI, signing and execution of all contracts and undertakings consequent
to acceptance of our proposal and generally dealing with the AAI in all matters in connection
with or relating to or arising out of our Proposal for the said work and/or upon award thereof
to us till the entering into of the Agreement with AAI.
AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or
caused to be done by our said Authorized Representative pursuant to and in exercise of the
powers conferred by this Power of Attorney and that all acts, deeds and things done by our
said Authorized Representative in exercise of the powers hereby conferred shall and shall
always be deemed to have been done by us.
IN WITNESS WHEREOF WE, .................... THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS
POWER OF ATTORNEY ON THIS .................... DAY OF ...................., 2019.
For.......................................
I. The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executants(s) and when it is so required the same should be under common seal affixed
in accordance with the required procedure. The Power of Attorney should be executed
on a non-judicial stamp paper of Rs. 100 (one hundred) and duly notarized by a notary
public.
II. Wherever required, the Applicant should submit for verification the extract of the
charter documents and other documents such as a resolution/power of attorney in
favour of the person executing this Power of Attorney for the delegation of power
hereunder on behalf of the Applicant.
III. For a Power of Attorney executed and issued overseas, the document will also have to
be legalized by the Indian Embassy and notarized in the jurisdiction where the Power
of Attorney is being issued. However, Applicants from countries that have signed the
Hague Legislation Convention, 1961 need not get their Power of Attorney legalized by
the Indian Embassy if it carries a conforming Appostille certificate.
II. The specific details of the nature of works (consultancy provided for) must be given.
IV. All the documents must be clearly numbered and the reference page no. should be
provided in the format.
1.
2.
Certificate from the Statutory Auditor
3.This is to certify that.................... (Name of the Applicant) has received the
Professional Fees and has the Turn-overs as shown above against the respective
Financial Year.
1. In case the Applicant does not have a statutory auditor, it shall provide the certificate
from its chartered accountant that ordinarily audits the annual accounts of the
Applicant.
2. The average annual turnover of the Applicant on its own as per the audited annual
report or as certified by a statutory auditor during the last 3 years w.r.t. preceding
financial year of bid due date.
The Consultant shall propose team consisting of staff / experts (minimum) to take care of all
aspects of the assignment as prescribed in the RFP clause no. 2.3
Airport Sector
2. Expert
Chief Financial
3. Expert &
Deputy Team
Leader
Real Estate
4. Expert
Legal expert
5.
1. Proposed Position:
2. Name of Personnel:
3. Date of Birth:
4. Nationality:
5. Educational Qualifications:
6. Employment Record:
(Starting with present position, list in reverse order every employment held.)
7. List of projects on which the Personnel has worked
Certification:
i. I am willing to work on the Study and I will be available for entire duration of the
project as required.
ii. I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly
describes myself, my qualifications and my experience.
2. In case of noncompliance of GST provisions and blockage of any input credit, we shall
be responsible to indemnify AAI.
Place:
Date:
Signature
This Pact made this ……..day of …… between Airports Authority of India, a body
corporate constituted by the Central Government under the Airports Authority of India
Act,1994 and having its Corporate Office at Rajiv Gandhi Bhawan, New Delhi, and offices
at ………….in India, 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 “Bidder/Contractor “ (
which term shall unless excluded by or is repugnant to the context be deemed to include its
heirs, representatives, successors and assigns of the Bidder/ Contractor)
WHEREAS the Authority intends to award, under laid down organizational procedures,
tender/ contract for ………………….The Authority, while discharging its functions on
business principles, values proper compliance with all relevant laws and regulations, and
the principles of natural justice, ethics, equity, fairness and transparency in its relations with
the Bidders/ Contractors.
WHEREAS the Authority is desirous to make its business mechanism more transparent,
thus to ensure strict adherence of the aforesaid objectives/goals, the Authority hereby
adopts the instrument developed by the renowned international non‐governmental
organization “Transparency International” (T I) headquartered in Berlin (Germany). The
Authority will appoint an Agency (IE) who will monitor the tender process and the
execution of the contract for compliance with the principles mentioned above.
To avoid all forms of corruption by following a system that is fair, transparent and free
from any influence/prejudiced dealings prior to, during and subsequent to the currency of
the contract to be entered into with a view to
Enabling Authority to abstain from bribing or indulging in any corrupt practice in order to
secure the contract by providing assurance to them that their competitors will also abstain
from bribing and other corrupt practices and the Authority will commit to prevent
corruption, in any form, by its officials by following transparent procedures.
The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:
1.1 The Authority undertakes that no official of the Authority, connected directly or
indirectly with the contract, will demand, take a promise for or accept, directly or
through intermediaries, any bribe, consideration, gift, reward, favour or any material or
immaterial benefit or any other advantage from the BIDDER, either for themselves or
for any person, organization or third party related to the contract in exchange for an
advantage in the bidding process, bid evaluation, contracting or implementation process
related to the contract.
1.2 The Authority will, during the pre‐contact stage, treat all BIDDERs alike, and will
provide to all BIDDERs the same information and will not provide any such
information to any particular BIDDER which could afford an advantage to that
particular BIDDER in comparison to other BIDDERs.
1.3 All the officials of the Authority will report to the appropriate authority office any
attempted or completed breaches of the above commitments as well as any substantial
suspicion of such a breach.
2. In case any such preceding misconduct on the part of such official(s) is reported by the
BIDDER to the Authority with full and verifiable facts and the same is prima facie
found to be correct by the Authority, necessary disciplinary proceedings, or any other
action as deemed fit, including criminal proceedings may be initiated by the Authority
and such a person shall be debarred from further dealings related to the contract process.
In such a case while an enquiry is being conducted by the Authority the proceedings
under the contract would not be stalled.
3. Commitments of Bidders/Contractor.
The Bidder/Contractor commits itself to take all measures necessary to prevent corrupt
practice, unfair means and illegal activities during any stage of its bid or during any
pre‐contract or post‐contract stage in order to secure the contract or in furtherance to
secure it and in particular commit itself to the following:‐
3.1 The Bidder/Contractor will not offer, directly or through intermediaries, any bribe, gift,
consideration, reward, favour, any material or immaterial benefit or other advantage,
commission, fees, brokerage or inducement to any official of the Authority, connected
directly or indirectly with the bidding process, or to any person, organization or third
party related to the contract in exchange for any advantage in the bidding, evaluation,
contracting and implementation of the contract.
3.2 The Bidder/Contactor further undertakes that it has not given, offered or promised to
give, directly or indirectly any bribe, gift, consideration, reward, favour, any material
or immaterial benefit or other advantage, commission, fees, brokerage or inducement
to any official of the Authority or otherwise in procuring the Contract or forbearing to
do or having done any act in relation to the obtaining or execution of the contract or
any other contract with the Authority for showing or forbearing to show favour or
disfavour to any person in relation to the contract or any other contract with the
Authority.
3.3 The Bidder /Contactor has not entered and will not enter with other bidders into any
undisclosed agreement or understanding, whether formal or informal. This applies in
particular to prices, specification, certifications, subsidiary contracts, submission or
non‐submission of bids or any actions to restrict competitiveness or to introduce
cartelization in the bidding process. The Bidder/Contractor shall, when presenting his
bid, disclose the name and address of agents and representatives and Indian BIDDERs
shall disclose their foreign principals or associates.
3.4 The Bidder/Contactor shall when presenting his bid disclose any and all the payments
he has made or, is committed to or intends to make to agents/brokers or any other
intermediary, in connection with this bid/contract.
3.5 The Bidder/Contractor further confirms and declares to the Authority that the BIDDER
is the original manufacturer/integrator/ authorized government sponsored export entity
of the stores and has not engaged any individual or firm or company whether Indian or
foreign to intercede, facilitate or in any way to recommend to the Authority or any of
its functionaries, whether officially or unofficially to the award of the contract to the
BIDDER, nor has any amount been paid, promised or intended to be paid to any such
individual, firm or company in respect of any such intercession, facilitation or
recommendation.
3.6 The Bidder/Contractor, either while presenting the bid or during pre‐contract
negotiations or before signing the contract, shall disclose any payments he has made, is
committed to or intends to make to officials of the Authority or their family members,
agents, brokers or any other intermediaries in connection with the contract and the
details of services agreed upon for such payments.
3.7 The Bidder/Contractor will not collude with other parties interested in the contract to
impair the transparency, fairness and progress of the bidding process, bid evaluation,
contracting and implementation of the contract.
3.8 The Bidder/Contractor will not accept any advantage in exchange for any corrupt
practice, unfair means and illegal activities.
3.9 The Bidder / Contactor shall not use improperly, for purposes of competition or
personal gain, or pass on to others, any information provided by the Authority as part
of the business relationship, regarding plans, technical proposals and business details,
including information contained in any electronic data carrier. The Bidder / Contractor
also undertake to exercise due and adequate care lest any such information is divulged.
3.10 The Bidder/Contractor will inform to the Agency. i) If he receives demand for an
illegal/undue payment/benefit. ii) If he comes to know of any unethical or illegal
payment/benefit. iii) If he makes any payment to any Authority’s associate(s)
3.11 The Bidder/Contactor commits to refrain from giving any complaint directly or through
any other manner without supporting it with full and verifiable facts.
3.12 The Bidder/Contactor shall not instigate or cause to instigate any third person to commit
any of the actions mentioned above.
3.13 If the Bidder/Contractor or any employee of the Bidder/Contractor or any person acting
on behalf of the Bidder/ Contractor, either directly or indirectly, is a relative of any of
the officers of the Authority, or alternatively, if any relative of an officer of the
Authority has financial interest/stake in the Bidder’s/Contractor’s firm, the same shall
be disclosed by the Bidder/Contractor at the time filing of tender. The term ‘relative’
for this purpose would be as defined in Section 6 of the Companies Act 1956.
3.14 The Bidder/Contractor shall not lend to or borrow any money from or enter into any
monetary dealings or transactions, directly or indirectly, with any employee of the
Authority.
3.15 That if the Bidder/ Contractor, during tender process or before the award of the contract
or during execution of the contract/work has committed a transgression in violation of
section 2 or in any other form such as to put his reliability or credibility as
Bidder/Contractor into question, the Authority is entitled to disqualify him from the
tender process or to terminate the contract for such reason and to debar the BIDDER
from participating in future bidding processes.
4. Previous Transgression
4.1 The Bidder/Contractor declares that no previous transgression occurred in the last three
years immediately before signing of this Integrity Pact, with any other company in any
country in respect of any corrupt practices envisaged hereunder or with any Public
Sector Enterprise in India or any Government Department in India that could justify
Bidders’ exclusion from the tender process.
4.2 The Bidder/Contractor agrees that if it makes incorrect statement on this subject, he can
be disqualified from the tender process or the contract, if already awarded, can be
terminated for such reason and he may be considered for debarment for future
tender/contract processes.
4.3 That the Bidder/Contractor undertakes to get this Pact signed by the subcontractor(s)
and associate(s) whose value of the work contribution exceeds Rs 0.5 Crores.(Rupees
Zero Point Five Crores.) and to submit the same to the Authority along-with the tender
document/ contract before contract signing.
4.4 That sub-contractor(s)/ associate(s) engaged by the Contractor, with the approval of the
Authority after signing of the contract, and whose value of the work contribution
exceeds Rs 0.5 Crs. (Rupees Zero Point Five Crores.) will be required to sign this Pact
by the Contractor, and the same will be submitted to the Authority before doing/
performing any act/ function by such subcontractor(s)/ associate(s) in relation to the
contract/ work.
4.5 That the Authority will disqualify from the tender process all Bidder(s) who do not sign
this Pact or violate its provisions or fails to get this Pact signed in terms of section 4.3
or 4.4 above.
4.6 That if the Contractor(s) does/ do not sign this Pact or violate its provisions or fails to
get this Pact signed in terms of Section 4.3 or 4.4 above. Authority will terminate the
contract and initiate appropriate action against such Contractor(s).
5. Earnest Money/Bid Security, Security Deposit, Bank guarantee, Draft, Pay order or
any other mode and its validity i/c Warranty Period, Performance guarantee/Bond.
While submitting bid, the BIDDER shall deposit an BID
SECURITY/SD/BG/DRAFT/PAY ORDER ETC I/C WARRANTY PERIOD,
PG/BOND, VALIDITY ETC, which is as per terms and conditions and details given in
NIT / tender documents sold to the Bidders.
6.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it or
acting on its behalf (whether with or without the knowledge of the BIDDER) shall
entitle the Authority to take all or any one of the following actions, wherever required:
‐
(i) To immediately call off the pre contract negotiations without assigning any reason or
giving any compensation to the BIDDER. However, the proceedings with the other
BIDDER(s) would continue.
(ii) To immediately cancel the contract, if already signed, without giving any compensation
to the BIDDER.
(iii) If the Authority has disqualified / debarred the Bidder from the tender process prior to
the award under section 2 or 3 or 4, the Authority is entitled to forfeit the earnest money
deposited/Bid Security.
(iv) To recover all sums already paid by the Authority, and in case of an Indian BIDDER
with interest thereon at 2% higher than the prevailing Prime Lending Rate of State Bank
of India, while in case of a BIDDER from a country other than India with interest
thereon at 2% higher than the LIBOR. If any outstanding payment is due to the
BIDDER from the Authority in connection with any other contract or any other stores,
such outstanding payment could also be utilized to recover the aforesaid sum and
interest.
(v) To encash the advance bank guarantee and performance bond/warranty bond, if
furnished by the BIDDER, in order to recover the payments, already made by the
BUYER, along with interest.
(vi) To cancel all or any other Contracts with the BIDDER. The BIDDER shall be liable to
pay compensation for any loss or damage to the Authority resulting from such
cancellation/rescission and the Authority shall be entitled to deduct the amount so
payable from the money(s) due to the BIDDER.
(vii) To debar the BIDDER from participating in future bidding processes for a minimum
period of three years, which may be further extended at the discretion of the Authority.
(viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any middleman or
agent or broker with a view to securing the contract.
(ix) In case where irrevocable Letters of Credit have been received in respect of any contact
signed by the Authority with the BIDDER, the same shall not be opened.
(x) Forfeiture of Performance Bond in case of a decision by the BUYER to forfeit the same
without assigning any reason for imposing sanction for violation of this Pact.
(xi) That if the Authority have terminated the contract under section 2 or 3 or 4 or if the
Authority is entitled to terminate the contract under section 2 or 3 or 4, the Authority
shall be entitled to demand and recover from the contractor damages equivalent to 10%
of the contract value or the amount equivalent to security deposit or performance bank
guarantee, whichever is higher.
(xii) That the Bidder / Contractor agrees and undertakes to pay the said amount without
protest or demur subject only to condition that if the Bidder/Contractor can prove and
establish to the satisfaction of the Authority that the disqualification / debarment of the
bidder from the tender process or the termination of the contract after award of the
contract has caused no damage to the Authority.
6.2 The Authority will be entitled to take all or any of the actions mentioned at para 6.1(i)
to (xii) of this Pact also on the Commission by the BIDDER or any one employed by it
or acting on its behalf (whether with or without the knowledge of the BIDDER), of an
offence as defined in Chapter IX of the Indian Penal code, 1860 or Prevention of
Corruption Act, 1988 or any other statute enacted for prevention of corruption.
6.3 That if the Bidder/Contractor applies to the Authority for premature revocation of the
debarment and proves to the satisfaction of the Authority that he has installed a suitable
and effective corruption prevention system and also restored/recouped the damage, if
any, caused by him, the Authority may, if thinks fit, revoke the debarment prematurely
considering the facts and circumstances of the case, and the documents/evidence
adduced by the Bidder/Contractor for first time default.
6.4 That a transgression is considered to have occurred if the Authority is fully satisfied
with the available documents and evidence submitted along with Independent External
Monitor’s recommendations/suggestions that no reasonable doubt is possible in the
matter.
6.5 The decision of the Authority to the effect that a breach of the provisions of this Pact
has been committed by the BIDDER shall be final and conclusive on the BIDDER.
However, the BIDDER can approach the Independent External Monitor(s) appointed
for the purpose of this Pact.
8. Facilitation of Investigation.
That this Pact is subject to Indian Law. The place of performance and jurisdiction is the
Corporate Headquarter /the Regional Headquarter / office of the Authority, as
applicable.
10.1 That the changes and supplements as well as termination notices need to be made in
writing.
10.2 That if the Bidder / Contractor is a partnership, this Pact must be signed by all the
partners or their authorized representatives.
11.1 That this Pact comes into force when both the parties have signed it. It expires for the
Developer 12 months after the initial/extended term. It expires for the Contractor/sub-
contractor 12 months after the final payment under the respective contract, and for all
other Bidders 3 months after the contract is awarded.
11.2 That if any claim is made / lodged during this period, the same shall be binding and
continue to be valid despite the lapse of this Pact as specified herein before, unless it is
discharged/determined by Chairman of the Authority.
11.3 That should one or several provisions of this Pact turn out to be invalid; the remainder
of this Pact shall remain valid. In this case, the parties will strive to come to an
agreement to their original intentions.
Bidders are also advised to have a company code of conduct (clearly rejecting the use
of brides and other unethical behavior) and a compliance program for the
implementation of the code of conduct throughout the company.
13. The parties hereby sign this Integrity Pact at _____________ on _______________
2. _______________________________
2. We, the ___________________ Bank, further agree that AAI shall be the sole judge of and
as to whether the said Contractor has committed any breach or breaches of any of the terms
and conditions of the said contract and the extent of loss, damage, costs, charges and
expenses caused to or suffered by or that may be caused to or suffered by AAI on account
thereof and the decision of AAI that the said Contractor has committed such breach or
breaches and as to the amount or amounts of loss, damage, costs, charges and expenses
caused to or suffered by or that may be caused to or suffered by AAI from time to time
shall be final and binding on us.
3. We, the said 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
Contracts and till all the dues of AAI under the said Contract or by virtue of any of the
terms and conditions governing the said Contract have been fully paid and its claims
satisfied or discharged and till the Accepting Authority of the contract certifies that the
terms and conditions of the said Contract have been fully and properly carried out by the
said Contractor and accordingly discharges this guarantee subject, however that AAI shall
have no claim under this Guarantee after 90 (Ninety) days from the date of expiry of the
Defects Liability Period as provided in the said Contract, i.e., _____________ (date) or
from the date of cancellation of the said Contract, as the case may be, unless a notice of the
claim under this Guarantee has been served on the Bank before the expiry of the said period
in which case the same shall be enforceable against the Bank notwithstanding the fact, that
the same is enforced after the expiry of the said period.
4. AAI shall have the fullest liberty without affecting in any way the liability of the Bank
under this Guarantee or Indemnity from time to time to vary any of the terms and conditions
of the said contract or to extend time of performance by the said Contractor or to postpone
for any time and from time to time any of the powers exercisable by it against the said
Contactor and either to enforce or forbear from enforcing any of terms and conditions
governing the said Contract or securities available to AAI and the said Bank shall not be
released from its liability under these presents by any exercise by AAI of any liberty with
reference to the matters aforesaid or by reason of time being given to the said Contractor
or any other forbearance, act or omission on the part of AAI or any indulgence by AAI to
the said Contractor or any other matter or thing whatsoever which under the law relating to
sureties would but for this provisions have the effect of so releasing the Bank from its such
liability.
5. It shall not be necessary for AAI to proceed against the Contractor before proceeding against
the Bank and the Guarantee herein contained shall be enforceable against the Bank,
notwithstanding any security which AAI may have obtained or obtain from the Contractor
at the time when proceedings are taken against the Bank hereunder be outstanding or
unrealized.
6. We, the said Bank, lastly undertake not to revoke this Guarantee during its currency except
with the previous consent of AAI in writing and agree that any change in the Constitution
of the said Contractor or the said Bank shall not discharge our liability hereunder.
In presence of: Dated this _____ Day of _____________
WITNESS
1. For and on behalf of (The Bank)
Signature _________________________
2. Name & Designation _______________
_________________________________
Authorisation No. __________________
Name & Place_____________________
Bank’s Seal _______________________
For Companies
CHECK LIST
The applicants shall ensure that all the documents given below have been submitted with the
tender application.
Sl. No Document Submitted/Not Submitted
1 Format for letter of Bid
7 CV of Key Personnel
9 Bid Undertaking
10 Integrity Pact
11 Copy of Demand draft for Bid Security
12 Proof of paid tender fee
Copy of Memorandum and Articles of Association/
Certificate of incorporation under Companies Act,
1956/ 2013 or LLP act, if the Bidder is a body
corporate, and if a partnership then a copy of its
13 partnership deed.
Letter of Association from Associate/Expert, if
applicable .The letter of association shall be signed
by both parties i.e. Consultant as well as the
14 Associate/Expert and shall be Notarized.