Professional Documents
Culture Documents
Volume 1 of 7
INVITATION TO TENDER
TABLE OF CONTENTS
Yamuna International Airport Private Limited (“YIAPL”), a company incorporated under the
Companies Act, 2013, has been granted the rights to develop, operate, manage and maintain the Noida
International Airport at Noida, Jewar, Uttar Pradesh (herein after referred to as the “Airport”) pursuant
to the Concession Agreement (defined hereinafter) executed between YIAPL and Noida International
Airport Limited. YIAPL intends to develop the Phase I of the Airport pursuant to the master plan
developed under the Concession Agreement. In this regard, YIAPL had issued a Request for
Qualification dated 13th April 2021 (“RFQ”), setting out the prequalification criteria for being eligible
to participate in the Tender Process. These Tender Documents (defined hereinafter) are issued in
electronic format, by uploading the same in Data Room (defined hereinafter), to such entities short-
listed by YIAPL (hereinafter referred to as the “Tenderers”) pursuant to their submission of response
to the RFQ.
For the purposes of undertaking the engineering, procurement and construction of Phase I of the Airport
(“Project”), YIAPL has decided to undertake works in two packages, namely the following:
YIAPL invites applications from pre-qualified applicants interested in tendering for Package 2: Airside
Landside, Utilities and Works.
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Airside Landside, Utilities and Works (Package-2)
DISCLAIMER
A. This Invitation to Tender (“ITT”) is issued by YIAPL to the Tenderers (as defined hereinafter)
for carrying out engineering, procurement and construction of Package 2 of the Project.
B. The information contained in this ITT or that may be subsequently provided to the Tenderers,
whether verbally or in writing or any other form by or on behalf of YIAPL or any of its
employees or advisers, are subject to the terms and conditions set out in this ITT and such other
terms and conditions that may be set out from time to time. This ITT is not being distributed to
the public nor has it been filed, registered or approved in any jurisdiction. Its possession or use
in any manner contrary to any applicable law is expressly prohibited. Tenderers shall inform
themselves of concerning, and shall observe, any applicable legal requirements.
C. In this notice, references to this ITT includes all written information contained in it and in the
Data Room (as defined hereinafter) and any other information (whether written, oral or in
machine-readable form) or opinions made available by or on behalf of YIAPL or any of its
advisers or consultants in connection with this ITT.
D. This ITT is neither an agreement nor an offer by YIAPL to the Tenderers or any other person.
The purpose of this ITT is to provide Tenderers with information that may be useful to them in
the formulation of their Tender (as defined hereinafter) pursuant to this ITT. The information
contained in this ITT is being provided for the limited purposes of enabling the Tenderer to
prepare a Tender and for no other purpose. This ITT includes statements, which reflect various
assumptions and assessments made by YIAPL in relation to the scope of Works (as defined
hereinafter) to be performed pursuant to this ITT. Such assumptions, assessments and
statements do not purport to contain all the information that each Tenderer may require for
preparing a Tender. This ITT may not be appropriate for all persons, and it is not possible for
YIAPL, its employees or advisers to consider the objectives, technical expertise and specific
needs of every person who reads or uses or responds to this ITT. The assumptions, assessments,
statements and information contained in this ITT may not be complete, accurate, adequate or
correct. Each Tenderer should, therefore, conduct its own investigations and analysis.
E. The Tender Documents are a summary of available information and no reliance shall be placed
on any information or statements contained herein and no representation or warranty, expressed
or implied, is or will be made in relation to such information and no liability is or will be
accepted by, YIAPL, its respective advisors, consultants, contractors, employees, agents or any
authorized person acting on its behalf in relation to the accuracy, adequacy and/or completeness
of such information and/or any statements made, nor shall it be assumed that such information
or statements will remain unchanged.
F. Information provided in this ITT to the Tenderers includes a wide range of matters, some of
which result from YIAPL’s interpretation of law. The information given is not an exhaustive
account of statutory requirements and should not be regarded as a complete or authoritative
statement of law. YIAPL accepts no responsibility and liability for the accuracy or otherwise
of any interpretation or opinion on the law expressed herein.
G. YIAPL, its employees and advisers make no representation or warranty and shall have no
liability to any person including any Tenderer under any law, statute, rules or regulations or
tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or
expense which may arise from or be incurred or suffered on account of anything contained in
this ITT or otherwise, including the accuracy, adequacy, correctness, reliability or completeness
of the ITT and any assessment, assumption, statement or information contained therein or
deemed to form part of this ITT or arising in any way in the selection process or participation
by any Tenderer in any process envisaged in or arising out of this ITT. YIAPL shall not have
any liability to Tenderers for any interruption or delay in the Tender Process (as defined
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Airside Landside, Utilities and Works (Package-2)
hereinafter) or in any access to the Site (as defined hereinafter) irrespective of the cause. The
information does not purport to be comprehensive or to have been independently verified.
Nothing in this ITT shall be construed as legal, financial or tax advice. YIAPL will not be liable
for any costs, expenses, however so incurred by Tenderers in connection with the preparation
of Tenders.
H. This ITT, along with its schedules, appendices, exhibits is not transferable. The ITT and the
information contained herein are to be used only by the Tenderers to whom it is issued. It may
not be copied or distributed by the recipient to third parties (other than in confidence to the
recipient’s professional advisors). Where the recipient of any information pursuant to or in
relation to the ITT is disengaged from the Tender Process for any reason whatsoever, such
recipient shall continue to be bound by the confidentiality obligations set out in this ITT, more
specifically as specified in paragraph U herein below.
I. Nothing contained in this ITT is, or shall be relied upon as, a representation of fact or promise
as to the future. Any summaries or descriptions of documents or contractual arrangements
contained in any part of this ITT are only indicative and cannot be and are not intended to be
comprehensive, nor any substitute for the underlying documentation (whether existing or to be
concluded in the future), and are in all respects qualified in their entirety by reference to them.
No person has been authorised by YIAPL to give any information or to make any representation
not contained in this ITT and, if given or made, any such information or representation shall
not be relied upon as having been so authorised.
J. YIAPL or its respective advisers, consultants, contractors, servants and/or agents accepts no
liability of any nature, whether resulting from negligence or otherwise, however caused, arising
from reliance by any Tenderer upon the statements contained in this ITT or arising out of or in
respect of the issue of this ITT, or the selection procedure.
K. YIAPL may in its absolute discretion, but without being under any obligation to do so, update,
amend or supplement the information, assessment or assumption contained in this ITT at any
time by notice, in writing, to the Tenderers.
L. The issue of this ITT does not imply that YIAPL is bound to select a Tenderer or to appoint the
Successful Tenderer (as defined hereinafter), as the case may be, for the execution of the Works
and YIAPL reserves the right to reject all or any of the Tenders submitted. YIAPL makes no
commitments, express or implied that this process will result in a business transaction with
anyone. YIAPL reserves the right not to proceed with the Tender Process (as defined
hereinafter) and this ITT or any part thereof, may be withdrawn or cancelled by YIAPL at any
time.
M. YIAPL expects to select Tenderer(s) in accordance with this ITT on the basis of Tenders
submitted. Tenderer(s) shall not, therefore, assume that they will have the opportunity to revise
their Tenders following submission and before short-listing, except as provided in this ITT.
However, YIAPL reserves the right to change the basis of or the procedures (including the
timetable) relating to the Tender Process, reject any, or all, of the Tenders, not to invite a
Tenderer to proceed further, not furnish a Tenderer with additional information nor otherwise
to negotiate with a Tenderer in respect of Package 2 at any time. YIAPL does not undertake to
accept the lowest or indeed any Tender.
N. The Tenderer shall bear all its costs associated with or relating to the preparation and
submission of its Tender pursuant to this ITT including but not limited to preparation, copying,
postage, delivery fees, communication expenses associated with any demonstrations or
presentations which may be required by YIAPL or any other costs incurred in connection with
or relating to its Tender submission. YIAPL shall not be liable in any manner whatsoever for
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Airside Landside, Utilities and Works (Package-2)
any costs or expenses incurred by a Tenderer in preparation and submission of the Tender,
regardless of the conduct or outcome of the selection process.
O. No commitment of any kind, contractual or otherwise shall exist unless and until a formal
written Contract (as defined hereinafter) has been executed by or on behalf of YIAPL and the
Successful Tenderer (as defined hereinafter) and any conditions precedent to the effectiveness
of the Contract have been fulfilled. Any notification of preferred Tenderer status or shortlisting
by YIAPL or discussions entered into with a Tenderer in the course of the ITT and selection
process shall not give rise to any enforceable rights to the Tenderer. YIAPL may cancel this
process at any time prior to a formal written contract being executed by or on behalf of YIAPL.
YIAPL, its respective advisers, consultants, contractors, servants and/or agents do not accept
any responsibility for the legality, validity, effectiveness, adequacy or enforceability of any
documentation executed, or which may be executed, in relation to Package 2.
P. Tenderers are prohibited from any form of collusion or arrangement in an attempt to influence
the selection and award process of the Tender. Giving or offering of any gift, bribe or
inducement or any attempt to any such act on behalf of the Tenderer towards any
officer/employee of YIAPL or to any other person in a position to influence the decision of
YIAPL for showing any favour in relation to this ITT or any other contract, shall render the
Tenderer liable for such penalty as YIAPL may deem proper, including but not limited to
rejection of the Tender of the Tenderer and forfeiture of its Tender Security.
Q. Before submitting the Tender pursuant to this ITT, the Tenderers shall conduct a careful
examination and an independent evaluation of the Site and the scope of the Works (as defined
hereinafter) at its own costs to determine the nature and extent of the difficulties, costs, risks
and hazards that are likely to arise or may be faced by it and the laws, rules, regulations,
directions, guidelines etc. as may be applicable, in order to implement the Works. In this regard,
the Tenderers are requested to study and exercise due diligence on their part, before submitting
their Tender.
R. The Tenderer shall be deemed to have fully understood the preliminary designs and concepts
provided by YIAPL in a manner which enables it to sufficiently define all the main elements
necessary for the purpose of providing a lump sum contract price, which shall be an aggregation
of prices of various discrete packages.
S. Native models provided at Tender stage are for information only and shall not form part of the
Contract , all efforts have been made to ensure the accuracy of the data, however it is the
responsibility of the Tenderer end user to validate prior to use.
T. The Tenderer(s) consent to YIAPL, for the sharing of Tender and all other information, as may
be provided by the Tenderer during the Tender Process and thereafter, with the Project advisors
and such other advisors and agents, appointed by YIAPL.
U. This ITT is confidential and personal to each Tenderer. This ITT, along with its appendices, is
not transferable. The ITT and the information contained herein are to be used only by the person
to whom it is issued. It may not be copied or distributed by the recipient to third parties (other
than in confidence to the recipient’s professional advisors). In the event that the recipient does
not continue with its involvement in the Tender Process for the Works in accordance with this
ITT, this ITT must still be kept confidential. By acceptance of this ITT, the Tenderer
acknowledges and agrees that: (a) the ITT and all technical, commercial or other information
made available or obtained directly or indirectly from YIAPL is “Confidential Information”
as defined in the Confidentiality Undertaking (as defined hereinafter) submitted by the
Tenderer in format provided on the e-portal (as defined hereinafter); and (b) it shall at all times
use, maintain confidential, and otherwise treat, the Confidential Information solely in
accordance with the terms of the Confidentiality Undertaking (regardless of whether or not the
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Airside Landside, Utilities and Works (Package-2)
Tenderer has at such time executed the Confidentiality Undertaking). Tenderers shall return
this ITT and any Confidential Information to YIAPL, promptly upon request by YIAPL or
otherwise as specified in the Confidentiality Undertaking. Any failure to comply with the terms
of the Confidentiality Undertaking shall entitle YIAPL to disqualify the relevant Tenderer,
invoke the Tender Security and seek other remedies under the Confidentiality Undertaking or
law.
V. Each Tenderer’s procurement of this ITT constitutes its agreement to, and acceptance of, the
terms set forth in this Disclaimer, without any reservations whatsoever. By acceptance of this
ITT, the recipient agrees that this ITT and any information herewith supersedes documents(s)
or earlier information, if any, in relation to the subject matter hereto.
W. This ITT does not give rise to any rights in rem and is not an offer or an invitation to offer.
X. No extension of time shall be granted under any circumstances to any particular Tenderer for
submission of its Tender including but not limited to the grounds that, the Tenderer did not
obtain a complete set of the Tender Documents or on any other ground(s), except as provided
in this ITT.
Y. Laws of the Republic of India are applicable to this ITT. The courts in Delhi shall have
exclusive jurisdiction in relation to any disputes arising from this ITT.
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Airside Landside, Utilities and Works (Package-2)
GLOSSARY
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Airside Landside, Utilities and Works (Package-2)
1. INTRODUCTION
1.1. Background
Yamuna International Airport Private Limited (“YIAPL”), a company registered under the
Companies Act, 2013, is a wholly owned subsidiary of Zurich Airport International AG.
YIAPL has executed a concession agreement with the Noida International Airport Limited
(“NIAL” or “Authority”) on October 7, 2020 (the “Concession Agreement”) for the
development, construction, operation, maintenance and management of the Noida International
Airport (“Airport Project”) on a design, build, finance, operate and transfer basis, for public
use at Noida, Uttar Pradesh, India.
Accordingly, YIAPL intends to undertake the engineering, procurement and construction works
of the Phase I of the Airport cumulatively, as set out in Volume 3 [Employer’s Requirements]
of this ITT.
In this regard, YIAPL invites responses to this ITT from entities short-listed by YIAPL
(hereinafter referred to as the “Tenderers”) pursuant to their submission of response to the
RFQ for engineering, procurement and construction of Package 2 works of the Airport and
other associated works (collectively referred to as “Works”) at the Airport. Interested parties
having valid statutory registrations and capable of undertaking the Works with the relevant
experience and resources on terms and conditions stipulated in this ITT and desiring to
participate in the Tender Process, are invited to submit their Tenders in response to this ITT.
The scope of Works shall be as provided in Contract and will broadly include design,
engineering, procurement, field investigations in the form of topographic survey and
geotechnical investigations, manufacturing, supply and delivery, setting to work, preparation
and submission of method statements, construction, erection, installation, integration, testing,
pre-commissioning, commissioning, project operational trials, handing over, rectification of
defects, maintenance during defect rectification period, supply of spares and special tools,
installation and removal of temporary works and the rectification of the defects appearing in
the permanent works in the manner and to the specified standards within the time frame
stipulated in the Contract along with any and all other works required for completion of the
works including related and temporary works as may be required from time to time, including
making suitable provisions for future expansion in accordance with the Concession Agreement
and YIAPL’s requirements.
The Works shall be executed as a combination of lump sum works and cost- plus contract.
The Tenderers are required to peruse and comprehend the Tender Documents in their entirety
and understand and apprise themselves of the scope of Works before submitting the Tender.
1.3.1. Under this ITT, YIAPL has adopted a single stage two-part electronic tender process
or e-tender process (referred to as the “Tender Process”) for selection of the Tenderer
for award of the Works. The process involves:
(a) assessment of the details provided by the Tenderer in Appendix VIII [Form of
Technical Tender] (together the “Technical Tender”) and the same will be
evaluated in accordance with Clause 3.2 of this ITT.
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Airside Landside, Utilities and Works (Package-2)
1.3.3. YIAPL shall, after evaluation of the Tenders, inform the successful tenderer for the
signing of the Contract (“Successful Tenderer”) in accordance with Clause 4 of this
ITT.
1.3.4. Any queries or request for additional information concerning this ITT shall be
submitted by e-mail to YIAPL by the specified date. The communications shall clearly
bear the following identification/title:
(f) Validity of Tender 180 days from date of submission of the Tender or as
extended under the terms of this ITT
(g) Data Room Availability 6th October, 2021 till 20th October, 2021
1.5. The Tender shall be submitted online on e-Portal only. It is mandatory to register on the e-
Portal for participating in the Tender Process. The registration on such e-Portal shall be in the
name of the Tenderer.
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Airside Landside, Utilities and Works (Package-2)
2. INSTRUCTION TO TENDERERS
2.1. General
2.1.1. The Tenderers are required to peruse and comprehend the Tender Documents in their
entirety and apprise themselves of the scope of Works before submitting the Tender.
2.1.2. The contract particulars are set out in Schedule 1 of Volume 2 [Conditions of Contract].
The Tenderers shall take into consideration the contract particulars along with other
requirements under the Tender Documents prior to submission of the Tender.
2.2.1. This ITT is open only to prequalified Tenderers identified by YIAPL pursuant to RFQ.
2.2.2. The Tenderer shall have adequate financial capacity and technical capability to
undertake the Works. The Tenderer shall make a declaration in the Tender, as set out
in Appendix I [Form of Continuing Eligibility] of this Volume 1, and Clause 2
[Instruction to Tenderers] of these Tender Documents, that there has been no:
(a) material adverse change in its financial and technical capability including any
additional exposure to financial and/or legal risks; and
since the date of submission of its qualification in response to the Request for
Qualification.
The Tenderer shall provide such other evidence of its continued eligibility satisfactory
to YIAPL, as YIAPL may request.
2.2.3. The Tenderer shall not have been declared ineligible for corrupt or fraudulent practices
in any prior tender process or their contracts shall not have been prematurely terminated
for such corrupt or fraudulent practices. The Tenderer shall furnish a declaration as set
out in Appendix III [Form of Declaration] of this ITT. The Successful Tenderer (as
defined hereinafter) shall furnish the above said declaration (as set out in Appendix III
[Form of Declaration]) at the beginning of each year, during the entire term of the
Project.
2.2.4. If it is discovered at any point of time that the Tenderer has suppressed any fact, given
a false statement, misrepresented, committed any act of fraudulent nature or violated
any of the terms of this ITT, the Tender Security shall be forfeited, and the Tenderer
shall be disqualified forthwith. In such an event, the Tenderer shall not be entitled to
any compensation whatsoever, or refund of any other amount, if any, paid by him.
2.2.5. The Tenderer shall obtain and maintain all permits, licenses, approvals and no-
objection certificates for complying with all applicable laws, orders, regulations or
other instructions issued by all statutory/relevant authorities for the purposes of
participating in the Tender Process.
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All materials, equipment and services shall be sourced from countries with which the
Government of India has trade relations and there are no restrictions or embargo for import into
India as per applicable laws. Materials, equipment and services to be procured and used in the
Works, shall be in conformance with the specifications provided in the Tender Documents and
shall be to the satisfaction of YIAPL.
(b) along with the Tender, submit a valid and duly notarized power of attorney
(and apostilled, as applicable) in the form set out in Appendix IV [Power of
Attorney] to this ITT or a valid certified copy of resolution of the board of
directors of the Tenderer authorizing the signatory of the Tenderer to submit
the Tender and commit on behalf of the Tenderer.
Tenders shall also submit hard copy of original power of attorney for
authorised representative in a sealed envelope at the address mentioned in ITT.
The hard copy shall reach the registered address within 24 (twenty four) hours
from the Submission Date. Any document received afterwards will not be
accepted. YIAPL reserves the right to reject the bid by an Applicant, if the hard
copies do not correspond with the documents submitted on the e-portal. This
envelope shall clearly bear the following identification:
and shall clearly indicate the name and address of the Applicant. If the
envelope is not sealed and marked as instructed above, YIAPL assumes no
responsibility for the misplacement or premature opening of the contents of the
submitted envelope and consequent losses, if any, suffered by the Applicant.
2.5.1. Tenderers shall not have a conflict of interest (the “Conflict of Interest”) that affects
the Tender Process. Any Tenderer found to have a Conflict of Interest shall be
disqualified. A Tenderer shall be deemed to have a Conflict of Interest affecting the
Tender Process if:
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Airside Landside, Utilities and Works (Package-2)
(b) a Tenderer submits more than 1 (one) Tender in this Tender Process;
(d) any legal, financial or technical adviser of YIAPL in relation to the Project is
engaged by the Tenderer or any affiliate thereof, as the case may be, in any
manner for matters related to the Project.
The Tenderer shall be solely responsible and shall bear all costs associated with the preparation
and submission of its Tender and YIAPL will, in no case, be responsible or liable for such costs,
regardless of the outcome of the Tender Process.
2.7.1. The Tenderers are advised to visit and inspect the site as more particularly described in
Volume 2 [Conditions of Contract] (“Site”) and its surroundings and obtain for itself
on its own responsibility and cost, all information regarding all existing and expected
conditions and matters that may be necessary for preparing the Tender and entering
into the Contract.
2.7.2. YIAPL shall use every effort to procure that the Tenderer and any of its personnel or
agents with prior written intimation are granted permission to enter the Site for the
purpose of such inspection, but only upon the express condition that the Tenderer, its
personnel and agents, will exercise due care and will be responsible for personal injury
or death, loss of or damage to property and any other loss, damage, costs and expenses
incurred as a result of such inspection. The Tenderer, its personnel and agents will
release and indemnify, defend and hold harmless YIAPL and its personnel and agents
from and against all liability(ies) in respect thereof. Further, the Tenderer shall comply
with necessary security permission, if applicable, granted for inspection of the Site.
2.7.3. YIAPL may conduct a Site visit for the Tenderers concurrently with the Pre-Tender
Meeting referred to in Clause 2.14 of the ITT.
2.7.4. It shall be deemed that the Tenderer has undertaken a visit to, and carried out inspection
of, the Site and Background Information and is aware of the Site conditions prior to
submission of the Tender.
2.7.5. The Tenderer shall take note of Volume 2 [Conditions of Contract] in which it is
deemed that in preparing its Tender, the Tenderer has taken into account all the factors
that may affect its Tender, including any Background Information made available.
Each Tenderer shall make independent enquiries and satisfy itself with respect to all
required information, inputs, conditions, circumstances and factors that may have
impact on its Tender. In assessing the Tender, YIAPL shall deem that each Tenderer
has inspected and examined the Site, its conditions and surroundings, examined all
applicable laws which are in force with respect to the Project and prepared its Tender
by taking into account all relevant conditions and also all risk contingencies and other
circumstances which may influence or affect the Project.
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2.8.1. It shall be deemed that by submitting the Tender, the Tenderer has:
(c) accepted the risk of inadequacy, error or mistake in the information provided
in the Tender Documents or furnished by or on behalf of YIAPL relating to
any of the matters in this Tender Documents;
(d) satisfied itself about all matters, things and information including matters
referred to in Clause 2.7 hereinabove necessary and required for submitting an
informed Tender, execution of the Works in accordance with the Tender
Documents and performance of all of its obligations thereunder;
2.8.2. YIAPL shall not be liable for any omission, mistake or error in respect of any of the
above or on account of any matter or thing arising out of or concerning or relating to
the Tender Documents or the Tender Process, including any error or mistake therein or
in any information or data given by YIAPL.
2.8.3. All documents and other information supplied by YIAPL or submitted by a Tenderer
to YIAPL shall remain or become the property of YIAPL. YIAPL shall not be liable to
return any Tender or any information provided along therewith.
2.8.4. Notwithstanding any information given in these Tender Documents, the Tender
Document and any additional communication from YIAPL, including any addendum
to the Tender Documents, it is the sole responsibility of a Tenderer to familiarize itself
with the existing applicable laws, decrees, acts, rules, and ordinances, whether national
or local, of India, which may affect the Project or the Works.
2.9.1. YIAPL reserves the right at any time prior to award of Contract, to accept or reject any
or all Tenders submitted pursuant to this ITT, without assigning any reasons and
thereby incurring any liability to the affected Tenderer or Tenderers or any obligation
to inform the affected Tenderer or Tenderers of the grounds for the YIAPL's action.
2.9.2. YIAPL reserves the right to verify all statements, information and documents submitted
by the Tenderer in its Tender. Any such verification or lack of such verification by
YIAPL shall not relieve the Tenderer of its obligations or liabilities hereunder nor will
it affect any rights of YIAPL thereunder.
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2.10.1. The Tender shall remain valid for an initial period of 180 (one hundred and eighty)
days from the date of submission of Tender (as specified in Clause 1.4 above) (“Tender
Validity Period”).
2.11. Documents
(a) Tender Documents shall mean and include this Volume 1 [Invitation to
Tender], Volume 2 [Conditions of Contract], Volume 3 [Employer’s
Requirements], Volume 4 [Design Basis Report], Volume 5 [Specifications],
Volume 6 [Tender Drawings], Volume 7 [Reference Documents & Data Room
Documents], and all such documents made available by YIAPL in the Data
Room (as defined hereinafter) including any amendments or corrections made
to the ITT and any Addendum/Corrigendum (as defined hereinafter), any
issued (“Tender Documents”).
(b) This ITT comprises the Disclaimer set forth hereinabove, the contents as listed
below, and will additionally include any Addenda/Corrigendum issued in
accordance with Clause 2.11.3.
Clause 1. Introduction
Clause 5. Miscellaneous
APPENDICES
2.11.2. Clarifications
(a) The Tenderer shall carefully examine each page of the Tender Documents and
in the event the Tenderer finds conflict, errors, discrepancies in, or omissions
in the Tender Documents, or should their intent or meaning appear unclear or
ambiguous in relation to the Tender Documents, the Tenderer shall inform
YIAPL forthwith.
(b) A Tenderer requiring any clarification of the Tender Documents may notify
YIAPL in writing by e-mail at the YIAPL’s email address indicated in this ITT
on or before the date set out in Clause 1.4. The relevant part of the Tender
Documents being queried must be referenced in all clarification questions.
Wherever practicable, the Tenderer is encouraged to submit its
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(c) YIAPL shall endeavour to respond to the clarifications sought by the Tenderers
and it shall be deemed that the Tenderer is in receipt of the clarifications hosted
by YIAPL on the e-Portal. However, YIAPL reserves the right not to respond
to all or any question or provide any clarification, in its sole discretion, and
nothing in this ITT shall be taken or read as compelling or requiring YIAPL to
respond to any question or to provide any clarification and YIAPL shall not be
held liable in any way for not having responded to the queries/clarifications of
the Tenderer(s).
(d) YIAPL may also on its own motion, if deemed necessary, issue interpretations
and clarifications and may extend the Submission Date through a notification
on its website. All clarifications and interpretations issued by YIAPL shall be
deemed to be a part of this ITT. Verbal clarifications and information given by
YIAPL or its employees or representatives shall not in any way or manner be
binding on YIAPL. Copies of the YIAPL’s response, including a description
of the clarification sought, will be forwarded to all Tenderers.
(e) Without prejudice to Clause 2.12.5 of this ITT, text of the questions or
clarifications raised in accordance with this clause and the responses given will
be transmitted within a reasonable time, to all Tenderers. Any modification of
the Tender Documents which may become necessary as a result of the Pre-
Tender Meeting shall be made by YIAPL exclusively through the issue of an
Addendum/Corrigendum (as defined hereinafter) pursuant to Clause 2.11.3 of
this ITT and not through the minutes of the Pre-Tender Meeting.
(a) At any time prior to the Submission Date, YIAPL may, at any stage and for
any reason, whether on its own or in response to a clarification sought by a
Tenderer, modify, amend or substitute the Tender Documents by issuing an
addendum (the “Addendum/Corrigendum”) through e-Portal.
(c) It shall be deemed that the Tenderer is in receipt of the Addendum hosted by
YIAPL on the e-Portal and furthermore, presumption shall be made of its
sufficiency and understanding of its contents. The obligations of YIAPL with
respect to informing all Tenderers of the Addendum issued by it shall be
discharged forthwith upon uploading the same on the e-Portal.
(e) In case after the issuance of Addendum, the Tenderers who have already
submitted their Tenders, do not resubmit their Tenders, it shall be deemed that
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Airside Landside, Utilities and Works (Package-2)
such Tenderers do not intend to modify their Tenders on the basis of the
Addendum and the Addendum has been taken into account.
(f) In case after the issuance of Addendum, Tenderers who have already submitted
their Tenders, submit before the Tender Submission Date a revised Tender
(through e-Portal), the original Tender submitted by the Tenderer shall stand
null and void.
2.12.1. The Tender and all related correspondence and documents exchanged between the
Tenderer and YIAPL shall be in English language. Supporting documents and printed
literature furnished by the Tenderer may be in another language provided they are
accompanied by an accurate translation in English language (duly notarized), in which
case, for the purposes of interpretation of the Tender, the English translation shall
prevail.
2.12.2. The Tenderer shall submit its Tender in accordance with this ITT, which contemplates
a single stage two-part system comprising of a Technical Tender and Financial Tender.
(a) The Tender submitted by the Tenderer shall comprise of the following:
(i) A cover letter as per the format set out in Appendix V [Cover Letter
for Tender] of this ITT.
(ii) Technical Tender, as per the format set out in Appendix VIII [Form of
Technical Tender] of this ITT. The Tenderer shall submit the entire
Technical Tender documents duly signed and stamped through e-
Portal.
2.12.4. YIAPL considers that it is essential for all Tenderers to submit their Tenders in the
format provided.
2.12.5. No exceptions or deviations in the Tenders shall be considered by YIAPL and any
Tender submitted with deviations shall be treated as a non-compliant Tender and shall
be liable to be rejected.
14
Airside Landside, Utilities and Works (Package-2)
and maintenance of the Works, all in accordance with the requirements of the
Contract, Employer’s Requirements and applicable laws.
(b) This includes all requirements under the Contractor’s responsibilities and,
where so required by the Tender Documents, the acquisition of all permits,
approvals and licenses, maintenance and such other items and services as may
be specified in the Tender Documents all in accordance with the requirements
of the Conditions of Contract and applicable laws.
(c) The Tender Price shall not be subject to adjustment under the Contract, except
as may be provided therein and shall include all direct, indirect and ancillary
charges and costs of whatsoever nature including mock-ups, all profit, foreign
exchange cost, rate fluctuations and risk, royalties, cesses, fees, wastages,
license, permits, approvals, maintenance, transportation, labour, charges,
consumable materials and any other materials to be provided, and all Taxes
(“Tax” shall have the meaning as defined in Schedule 1 of Volume 2
[Conditions of Contract]), ESI, PF contribution, penalties, insurance premiums
(including deductibles), costs, expenses, bank charges, and any other costs,
charges including all Contractor’s equipment and licence fees, royalties, all
deductions and withholdings and all other obligations as provided in the
Tender Documents.
2.12.7. The Tenderer shall quote the price in Indian Rupees only.
2.13.1. The Tenderer shall submit a tender security in the format set out in Appendix VI [Form
of Tender Security] of this ITT for a value of Rs. 6,00,00,000 (Rupees Six Crores only)
in the form of an irrevocable and unconditional bank guarantee from a scheduled
commercial banks acceptable to YIAPL, valid for a period of 180 (one hundred and
eighty) days from the date of submission of Tender as indicated in Clause 1.4, with an
additional claim period of 60 (sixty) days (“Tender Security”). In case of extension of
the Tender Validity Period, the Tender Security shall be extended for a further period
of 60 (sixty) days, at least 7 (seven) days prior to the expiry of the initial period of 180
(one hundred and eighty) days. Notwithstanding the above, the Tender Security of the
Successful Tenderer shall be valid till the receipt of performance security by YIAPL
from the Successful Tenderer in accordance with the provisions of the Conditions of
Contract.
2.13.2. The Tender Security of unsuccessful Tenderers will be returned by YIAPL, without
any interest, after execution of the Contract with the Successful Tenderer or on
cancellation of the Tender Process by YIAPL.
15
Airside Landside, Utilities and Works (Package-2)
2.13.3. Any Tender not accompanied by the Tender Security shall be rejected summarily by
YIAPL as non-responsive/non-compliant.
2.13.4. YIAPL shall be entitled to forfeit and appropriate the Tender Security as damages inter
alia in any of the events specified in Clause 2.14 below. The Tenderer, by submitting
its Tender pursuant to this ITT, shall be deemed to have acknowledged and confirmed
that YIAPL will suffer loss and damage on account of withdrawal of its Tender or for
any other default by the Tenderer during the Tender Validity Period. No relaxation of
any kind shall be given to any Tenderer in respect of the forfeiture of the Tender
Security for the purposes of this clause.
2.13.5. The Tender Security shall be forfeited, and money shall be appropriated by YIAPL,
without prejudice to any other right or remedy that may be available to YIAPL under
the Tender Documents and/or under the Contract, or otherwise under law, under the
following conditions:
(i) The Tenderer has refused to accept the correction of errors in the
Financial Tender in accordance with Clause 3.3.6 of this ITT; and
(ii) The Tenderer does not provide YIAPL with the requisite explanation,
evidence and clarification on the execution of Works and premise of
contents of the Financial Tender as sought by YIAPL under Clause 3.4
of this ITT;
(c) If a Tenderer withdraws its Tender during the Tender Validity Period or as
extended in accordance with Clause 2.10, without YIAPL’s written consent;
(d) If the Tenderer fails to extend the validity of the Tender Security for a further
period of 60 (sixty ) days, at least 7 (seven) days prior to the expiry of the initial
period of 180 (one hundred and eighty) days on the extension of the Tender
Validity Period;
(e) In the case of Successful Tenderer, if it fails within the specified time limit:
(f) If the Tenderer is in breach of the obligations under Clause 2.2.4 or Clause 5.1
or the Confidentiality Undertaking.
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Airside Landside, Utilities and Works (Package-2)
2.14.1. The Tenderer(s) and their official representative(s) are invited to attend a Pre-Tender
Meeting on the date set out in Clause 1.4, which may be changed and intimated
separately to the Tenderers by YIAPL, at such place as may be notified by YIAPL.
2.14.2. The purpose of the meeting will be to clarify issues and to answer questions, on any
matter that may be raised at such meeting, and broadly apprise the Tenderers of details
of the Project. A visit to the Site may be conducted in accordance with Clause 2.7 of
this ITT.
2.14.3. The Tenderer is requested to submit any questions in writing on the e-mail address
provided in this ITT, to reach YIAPL not later than 1 (one) week before the meeting.
2.14.4. Text of the questions raised and the responses given will be published at the e-Portal,
to all Tenderers. Any modification of the Tender Documents listed in Clause 2.11.1 (b)
which may become necessary as a result of the Pre-Tender Meeting shall be made by
YIAPL exclusively through the issue of an Addendum pursuant to Clause 2.11.3 and
not through the minutes of the Pre-Tender Meeting.
2.14.5. Non-attendance at the Pre-Tender Meeting will not be a cause for disqualification of a
Tenderer.
2.14.6. A data room will be provided by YIAPL (“Data Room”) for the time duration specified
in Clause 1.4, where Background Information will be made available in accordance
with the Data Room rules as set out in Appendix VII [Data Room Rules & Background
Information] to this Volume 1 [Invitation to Tender]. The Data Room would be
accessible at.
2.15.1. Relevant instructions to Tenderers for this purpose are provided in Appendix II
[Instructions to Tenderers for E-Tendering] hereto. The Tender shall be typed and shall
be signed by a person or persons duly authorized to sign on behalf of the Tenderer. All
pages of the Tender shall be initialled or digitally signed by the person or persons
signing the Tender.
2.15.2. It is mandatory that all the forms are filled in the prescribed format and submitted
through the e- Portal.
2.15.3. YIAPL does not guarantee uninterrupted up time for the e-Portal and Tenderers shall
be responsible for timely submission of the Tender.
2.16.1. Tenderers shall submit their Tender on or before 17:00 hours IST on the date set out in
Clause 1.4, through e- Portal.
2.16.2. YIAPL may, at its discretion, extend the deadline for submission of Tenders by issuing
an Addendum in accordance with Clause 2.11.3 of this Volume 1 [Invitation to
Tender], in which case all rights and obligations of YIAPL and the Tenderers
17
Airside Landside, Utilities and Works (Package-2)
previously subject to the original deadline will thereafter be subject to the extended
deadline.
2.16.3. Any Tender received by YIAPL after the Submission Date, will be rejected and
returned unopened to the Tenderer.
2.17.1. The Tenderer may withdraw its Tender prior to the Submission Date, provided that
written notice of the withdrawal is received by YIAPL prior to the Submission Date.
2.17.2. Following withdrawal of a Tender, the Tenderer may submit another Tender prior to
the Submission Date in accordance with this ITT.
2.17.3. No Tender may be modified by the Tenderer after the Submission Date.
2.18.1. In cases where the Tender Documents has been amended by YIAPL after the
Submission Date but prior to opening of the Tenders, YIAPL will notify all the
Tenderers and the Tenderers will be requested in writing to submit a supplementary
Tender in conformity with the change in the ITT within a specified period.
2.18.2. The Tenderers shall note that, if YIAPL during the evaluation of the Financial Tenders,
considers that the changes in prices in the supplementary Financial Tender are
unrealistic in comparison with the original Financial Tender, the Tender is liable to be
rejected.
2.18.3. The Tenderers not willing to participate on account of such change in the Tender
Documents as prescribed under Clause 2.11.3 above, may withdraw from the Tender
Process by intimating to YIAPL in writing prior to the revised date of submitting the
supplementary Tender, without being liable for forfeiture of their Tender Security. All
submissions of such Tenderer shall be archived unopened.
2.18.4. The Tenderers shall submit their supplementary Technical Tender and/or
supplementary Financial Tender, if required online through e-Portal.
2.18.5. In the event the Tenderers fails to submit the supplementary Tenders (technical and/or
financial) within such time specified by YIAPL, its original Technical Tender and
Financial Tender shall not be considered for evaluation.
3.1.1. YIAPL shall evaluate the Technical Tenders of the Tenderers in accordance with the
provisions of Clause 3.2 of this ITT.
3.1.2. Tenderers are advised that qualification of Tenderers will be entirely at the sole
discretion of YIAPL. Tenders will be deemed to have understood and agreed that no
reasons, explanation or justification on any aspect of the Tender Process or selection
will be given.
3.1.3. Any information contained in the Tenderer shall not in any way be construed as binding
on YIAPL, its agents, successors or assigns, but shall be binding against the Tenderer
if the Works are subsequently awarded to it on the basis of such information.
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Airside Landside, Utilities and Works (Package-2)
3.1.5. The Financial Tender shall be opened and evaluated in accordance with Clause 3.3.
3.1.6. Information relating to the examination, clarification, evaluation and comparison of the
Tender and recommendations for the award of a Contract shall not be disclosed to
Tenderers or any other persons not officially concerned with such process.
3.2.1. YIAPL will carry out an evaluation of the Technical Tender in order to determine
whether the technical aspects are substantially compliant with the requirements set
forth in the ITT. In order to reach such a determination, YIAPL will examine all the
responsive information supplied by the Tenderers and other requirements in the Tender
Documents. Prior to the detailed evaluation of the Technical Tenders, YIAPL will
examine the Tenders to determine whether they are complete, whether the documents
have been properly signed, whether the Tender Security and power of attorney/board
resolution/valid authorisation are included and whether the Tenders are generally in
order. Any Tenders found to be non-responsive or non-compliant will be rejected by
YIAPL and not included for further consideration.
3.2.2. A substantially compliant Technical Tender is one which conforms to the terms,
conditions and requirements of the ITT, without deviations or exceptions and includes
the changes, if any, requested by YIAPL during the evaluation of the Tenderers’
Technical Tenders.
3.2.3. To assist in the examination, evaluation and comparison of the Tenders, YIAPL may
hold discussions with the Tenderers on the Technical Tender. The date of such
discussion shall be notified to the Tenderer in advance. The Tenderers would be
required to make a detailed presentation on the Technical Tender including: (i) past
experience of the firm in having carried out similar type of works; (ii) understanding
of the scope mentioned in the ITT; (iii) approach & methodology to be adopted; (iv)
organization chart and experts proposed to be deployed; and (v) their experience along
with key sub consultants proposed. The exact meeting details including the dates would
be indicated subsequently. The Tenderer would be required to submit a soft copy of the
presentation to YIAPL.
3.2.4. YIAPL may, at its absolute discretion, ask any Tenderer for clarification of its
Technical Tender. The request for clarification and the response shall be in writing, in
its absolute discretion, that a further clarification meeting with the Tenderer is required
in case all the clarifications could not be obtained in the presentation meeting. YIAPL
may conduct such discussions or meetings with each or any Tenderer as it deems fit.
3.2.5. The Technical Tender will be evaluated based on the details submitted as part of
Appendix-VIII including presentations made with reference to Clause 3.2.3. At the end
of the evaluation of Technical Tender (including supplementary Technical Tender),
YIAPL will notify in writing such Tenderers whose Technical Tenders are not
substantially compliant. Only substantially compliant Technical Tenders shall be
considered for further evaluation.
3.2.6. Merits of a Technical Tender shall be evaluated on the basis of the comprehensiveness
of the Technical Tender and understanding of the Tenderer in respect of the Project and
the Works.
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Airside Landside, Utilities and Works (Package-2)
3.3.1. YIAPL shall open Financial Tenders and the supplementary Financial Tenders (if
provided and applicable), of only such Tenderers who qualify in the Technical Tender.
3.3.2. YIAPL will examine the Financial Tender to determine whether they are complete,
whether the documents have been properly signed, whether the Financial Tender is
substantially compliant to the requirements of the ITT
3.3.3. Information relating to the examination, clarification, evaluation and comparison of the
Financial Tender and recommendation for the award of the Contract shall not be
disclosed to Tenderers or any other persons.
3.3.4. A substantially compliant Financial Tender is one which conforms to the terms,
conditions and requirements of the ITT, without deviation or exception and includes
the amendments and changes, if any, requested by YIAPL during the evaluation of the
Financial Tender.
3.3.5. If a Financial Tender is not substantially compliant, it will be rejected by YIAPL, and
may not subsequently be made compliant by correction or withdrawal of the non-
conforming deviation or exception.
(a) Provided that the Financial Tender is substantially compliant, YIAPL shall
correct errors on the following basis:
(i) If there is a discrepancy between the unit rate and the amount that is
obtained by multiplying the unit rate and quantity, the unit rate shall
prevail and the amount will be corrected unless in the opinion of
YIAPL there is an obvious misplacement of the decimal point in the
unit rate, in which case the amount as quoted will govern and the unit
rate corrected.
(ii) if there is a discrepancy between the total amount and the sum of
individual amounts of disciplines, the sum of individual amounts shall
prevail, and the total amount will be corrected; and
3.4. Clarifications
3.4.1. YIAPL has the right (but not the obligation) to require from the Tenderer(s) explanation
and evidence of executing the works and the premise of the contents of the Financial
Tender which the Tenderer(s) shall be obliged to provide.
3.4.2. If a Tenderer does not provide clarifications sought under Clause 3.4.1 above within
the prescribed time, its Tender shall be liable to be rejected and the Tender Security is
20
Airside Landside, Utilities and Works (Package-2)
liable to be forfeited pursuant to Clause 2.13.5 of this ITT. In case the Tender is not
rejected, YIAPL may proceed to evaluate the Tender by construing the particulars
requiring clarification to the best of its understanding, and the Tenderer shall be barred
from subsequently questioning such interpretation of YIAPL.
3.4.3. The response to this ITT shall contain complete and all information sought in the ITT
and YIAPL shall be the sole judge of whether such information/document is complete
or not. YIAPL shall neither be obliged to seek clarifications nor be liable in any way,
if information is not provided by the Tenderer.
3.4.4. Any conditional Tenders may be rejected at the sole discretion of YIAPL. The Tenderer
shall comply with all terms and conditions set out in the Tender Documents while
submitting its Tender.
3.5. Discussions
3.5.1. YIAPL will evaluate and rank Tenders based upon an evaluation of the Technical
Tender and Financial Tender. YIAPL may in its absolute discretion, invite for
discussions, such Tenderer(s) who shall have submitted substantially compliant
Financial Tender, in order to arrive at the most advantageous Tender.
3.5.2. The most advantageous Tender will be the Tender which, in YIAPLs’ assessment
represents the best value for money to YIAPL, taking into account the evaluated
Financial Tender and the Technical Tender.
4. AWARD OF CONTRACT
4.1. Award
4.1.1. YIAPL, at its discretion, will award the Contract to the Tenderer whose Tender has
been determined to be substantially compliant and who has offered the most
advantageous Tender to YIAPL (“Successful Tenderer”), in accordance with this ITT.
4.1.2. The Tenders of other Tenderers shall be kept in reserve and may, in accordance with
this ITT, be invited to match the Tender submitted by the Successful Tenderer in event
such Successful Tenderer withdraws or is not selected for any reason. In the event that
none of the other Tenderers match the Tender of the Successful Tenderer, YIAPL may,
in its discretion, select the next most advantageous Tender as the Successful Tenderer,
invite fresh Tenders from the remaining Tenderers, or annul the Tender Process, as the
case may be.
4.1.3. The final selection of a Tenderer shall be duly communicated to the said Tenderer in
writing, through an LOI.
4.1.5. Notwithstanding above, YIAPL reserves the right to accept or reject any Tender, award
only a part of the Works tendered and to annul the Tender Process and reject all
Tenders, at any time prior to award of Contract, without thereby incurring any liability
to the affected Tenderer or Tenderers or any obligation to inform the affected Tenderer
or Tenderers of the grounds for YIAPL’s action.
4.1.6. Canvassing in any form, unsolicited letter and post Tender correction will invoke
summary rejection of the Tender.
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Airside Landside, Utilities and Works (Package-2)
4.1.7. Any conditional Tenders may be rejected at the sole discretion of YIAPL. The Tenderer
shall comply with all the terms and conditions set out in the Tender Documents and its
annexures/appendices while submitting its Tender.
4.1.8. After evaluation of Tenders and finalisation of comparative statements, YIAPL may in
its absolute discretion invite any or all Tenderer(s) for further discussions. Discussions
will be held at the date and address communicated to the Tenderer(s) by YIAPL.
4.2.1. The Successful Tenderer post obtaining approvals under Clause 4 and shall on being
notified by YIAPL execute the contract (the “Contract”) within 14 (fourteen) days of
such notification, failing which YIAPL shall have the right to withdraw the LOI issued
under Clause 4.1.3.
4.2.2. In the event the Successful Tenderer also emerges as the successful tenderer in the
competitive bidding tender process conducted by YIAPL for Package 2, then the terms
and conditions of the Contract would be suitably modified or amended to include the
scope of Works and other obligations in relation to Package 2 and one single contract
for both Package 1 and Package 2 shall be executed between YIAPL and the Successful
Tenderer.
5. MISCELLANEOUS
5.1.1. The documents contained in the Data Room and any other information provided to the
Tenderer upon request (the “Background Information”) in connection with and
relating to the Project constitute Confidential Information for the purposes of the
Confidentiality Undertaking, and accordingly, the Background Information must be
held in complete confidence and subject to the terms of that Confidentiality
Undertaking.
5.1.2. Further, the Background Information is made available subject to and on the terms
contained in the disclaimer of liability on the part of YIAPL set out in the ITT. In
particular, no representation or warranty (express or implied) is given and no liability
is accepted by YIAPL or any of its advisers or representatives as on the accuracy,
reliability or completeness or reasonableness of the Background Information or for any
errors, omissions or misstatements, negligent or otherwise, in relation thereto.
5.1.3. The provision of the Background Information does not constitute an offer to sell any
company or business, and the Background Information will not form the basis of any
contract.
5.1.4. All documents and other information supplied by YIAPL or submitted by a Tenderer
to YIAPL shall remain or become the property of YIAPL. Tenderers are to treat all
information as strictly confidential and shall not use it for any purpose other than for
preparation and submission of their Tender. YIAPL will not return any Tender or any
information provided along therewith.
5.2.1. Although the details presented in the Tender Documents have been compiled with all
reasonable care, it is the Tenderer’s responsibility to ensure that the information
22
Airside Landside, Utilities and Works (Package-2)
provided is legible, adequate and clearly understood. The Tenderer shall be responsible
for obtaining and verifying all necessary data and information.
5.2.2. The Tenderer shall make its own interpretation of any and all information provided in
the Tender. YIAPL shall not be responsible for the accuracy or completeness of such
information and/or interpretation.
5.2.3. Any failure or neglect to carry out these verifications and investigations shall not
absolve the Tenderer from any of its obligations under the requirements of the Tender,
LOI or any Contract subsequently executed.
5.2.4. The Tenderer is responsible for informing itself with respect to all conditions which
might in any way affect the cost or the performance of the Works. Any failure to do so
will be at the sole risk of the Tenderer.
5.2.5. No relief or consideration will be given for errors and omissions contained within the
Tender Documents.
The Tenderer shall at all times identify, comply with and exercise all necessary duties and
precautions for the health and safety of all persons including the Tenderer’s employees,
subcontractors and subcontractor’s employees, and shall comply with all applicable laws
including environment, welfare and labour laws during the Tender Process.
5.4. Jurisdiction
All disputes arising under the ITT shall be subject to laws of Republic of India and the
jurisdiction of the courts in Delhi shall apply.
YIAPL reserves its rights to have the financial and other data/credentials/information furnished
by the Tenderer verified independently. YIAPL also reserves the right to ask for any other
documents from the Tenderer in case considered necessary, in support of any qualification
criteria or any other reason. If the data/credentials/information furnished by the Tenderer are
found to be incorrect, YIAPL further reserves the right to reject such Tender. The Tenderers
consent to such verification process by YIAPL and undertake to cooperate with the YIAPL or
its agents in such verification process.
5.6. Interpretation
5.6.2. For the purpose of this ITT, where the context so admits, the singular shall be deemed
to include the plural and vice-versa.
5.6.3. Except where the context requires otherwise, references to statutory provisions shall be
construed as references to those provisions as respectively amended or re-enacted or
supplemented or as their application is modified by other provisions (whether before
or after the date hereof) from time to time.
5.6.4. The Appendices and Forms of this ITT shall form an integral part of the ITT and shall
be read along with the ITT.
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Airside Landside, Utilities and Works (Package-2)
5.6.5. The headings and sub-headings are inserted for convenience only and shall not affect
the interpretation of this ITT.
24
Airside Landside, Utilities and Works (Package-2)
APPENDICES
Date:
Ganesh Musale
Yamuna International Airport Pvt Ltd
Business Centre-1/2,
Advant Navis Park,
Sector 142, Noida-201305
Re: Engineering, Procurement and Construction Contractor for EPC Package-2 i.e. Airside
Landside, Utilities and Works at Noida International Airport.
(i) material adverse change (as defined in Clause 2.2.2) in its financial and technical capability
including any additional exposure to financial and/or legal risks; and
has taken place since the date of submission of its response to the RFQ.
Name of Tenderer
25
Airside Landside, Utilities and Works (Package-2)
Tenderers shall submit their Tender on: https://niairport.abcprocure.com as per the e-tendering
instructions provided therein.
26
Airside Landside, Utilities and Works (Package-2)
Date:
Ganesh Musale
Yamuna International Airport Pvt Ltd
Business Centre-1/2,
Advant Navis Park,
Sector 142, Noida-201305
Re: Engineering, Procurement and Construction Contractor for EPC Package-2 i.e. Airside
Landside, Utilities and Works at Noida International Airport.
(ii) he has not been declared ineligible for corrupt or fraudulent practices in any prior tendering
process; and
Name of Tenderer
27
Airside Landside, Utilities and Works (Package-2)
KNOW ALL MEN BY THESE PRESENTS, that [name of the Tenderer], having its registered office
at [please provide address] and acting through its [please insert designation], [please insert name],
hereby, pursuant to its board resolution dated [●], authorise and appoint:
[Address]
with the full power of substitution, and as its agent and attorney-in-fact and confer upon such agent and
attorney-in-fact, all the powers and authority in the name and on behalf of [name of the Tenderer], to
do the following acts:
(i) To finalise, execute and deliver the Tender and any documents, certificates and details on behalf
of [name of the Tenderer] with Yamuna International Airport Private Limited in response to
the ITT dated [•], issued by Yamuna International Airport Private Limited for engineering,
procurement and construction of the Works at Noida International Airport.
(ii) To make corrections, alterations, execute and sign any documents/certificates and to enter into
discussions and negotiations with Yamuna International Airport Private Limited, make
alterations to the Tender and any documents, certificates and make commitments and
undertakings for the selection of [name of the Tenderer] as the Contractor in response to the
ITT dated [•], issued by Yamuna International Airport Private Limited for Works.
(iii) To undertake all such other actions as may be required in furtherance of (i) and (ii) above.
IN WITNESS WHEREOF, I have here unto set my hands, on this [please insert day] day of [●].
By: _______________
Name: [please insert name]
Designation:
Address:
Notary Public
Note:
In case of delegation of powers to an authorised signatory by a power of attorney holder, the text of the
first paragraph may be suitably amended. In such case, the extract of Board Resolution shall be in
respect of such power of attorney holder who is delegating the powers to an authorised signatory. The
Tenderer(s) are advised to get any amendment approved by YIAPL before execution.
28
Airside Landside, Utilities and Works (Package-2)
[Location, Date]
Re: Engineering, Procurement and Construction Contractor for EPC Package-2 i.e. Airside
Landside, Utilities and Works at Noida International Airport.
Dear Sir:
1. Having inspected the site and examined the ITT issued by Yamuna International Airport Private
Limited (“YIAPL”) for engineering, procurement and construction of the Airside Landside,
Utilities and other associated works (collectively referred to as “Works”) at Noida International
Airport, Noida, Uttar Pradesh we have understood, checked these documents and ascertained
that they contain no errors or other defects. We accordingly offer to execute the Works and
herewith enclose our Tender (including this letter).
2.1 to keep this Tender valid and open for acceptance without unilaterally varying or amending its
terms for the period stated in the Volume 1 [Invitation to Tender] being 180 (one hundred and
eighty) days and / or any extension thereof from the date of Tender submission;
2.2 that if this Tender is accepted, we shall execute the Contract in accordance with Volume 1
[Invitation to Tender] and provide in such numbers and in such form as may be stipulated in
Volume 1 [Invitation to Tender] such performance security, guarantees, undertakings and
warranties;
2.3 to continue to maintain the Tender Security as stipulated in the Volume 1 [Invitation to Tender];
(ii) we have appropriate resources for undertaking the Works should we be awarded the
Airport Project;
(iii) we meet the qualification and eligibility criteria set out in the ITT, and are in
compliance with all the terms and conditions of the same;
(iv) there is no information, data or documents which have not been disclosed which may
prejudicially affect YIAPL’s evaluation;
(v) we have all the necessary corporate and statutory approvals to participate in and submit
the Tender, execute and perform its obligations hereunder;
(vi) we have the necessary skills, experience, technical and financial ability to successfully
meet the requirements and perform the Works as set out in the ITT;
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Airside Landside, Utilities and Works (Package-2)
(vii) there is no information, data or documents which have not been disclosed which may
prejudicially affect YIAPL’s decision in relation to the award of the Contract;
(viii) in the last three years, we have neither failed to perform on any contract, as evidenced
by imposition of a penalty by an arbitral or judicial authority or a judicial
pronouncement or arbitration award against us, nor been expelled from any project or
contract nor have had any contract terminated for breach by us; and
(ix) the Tender represents a binding offer by us which may be accepted by YIAPL at its
sole discretion. YIAPL may, at its discretion, award the Contract in parts to more than
one Tenderer.
3. We understand that YIAPL is not bound to accept the lowest or any Tender that it may receive.
4. We further declare that we have not been declared ineligible for corrupt or fraudulent practices
in any Tender Process.
5. We acknowledge and agree that the award, cancellation or amendment of the Contract or ITT
is YIAPL’s sole and absolute discretion and any decision taken by YIAPL in relation to the ITT
(including any award of Contract) is final and binding on us and we shall have no rights or
claims arising out of or in relation to any decision of YIAPL in relation to the ITT or the Tender
Process.
6. We undertake that we will intimate YIAPL of any material change in facts, circumstances,
status or documentation relating to us during the Tender Process.
7. This ITT and Tender submitted in response to it shall be governed by and construed in all
respects according to the applicable laws being in force in India. The courts at Delhi shall have
exclusive jurisdiction in the matter.
8. We represent that (insert individual’s name) _____________ shall act as our representative and
has been duly authorized to submit the Tender and authenticate the same, make amendments
thereto and undertake such other actions in relation to the Tender, which shall be binding on
us.
9. We have studied all the Tender Documents carefully and also surveyed the Project Site. We
understand that except to the extent as expressly set forth in the Tender Documents, we shall
have no claim, right or title arising out of any documents or information provided to us by the
Employer or in respect of any matter arising out of or concerning or relating to the Tender
Process including the award of Contract,
Yours sincerely,
For and on behalf of [name of Tenderer]
Authorized Signature [In full and initials]: Name and Title of Signatory:
Name and Address of Tenderer:
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Airside Landside, Utilities and Works (Package-2)
Contract Details: Engineering, Procurement and Construction of Airside Landside, Utilities and Works
at Noida International Airport
Name and Address of the Beneficiary: Yamuna International Airport Private Limited
[Address]
We have been informed that [Name of Tenderer] (hereinafter called the “Principal”) is submitting an
offer for such Contract in response to your invitation, and the conditions of your invitation, which are
set out in a document entitled ITT dated [●] require its offer to be supported by a Tender Security.
At the request of the Principal, we [Name of the Bank], hereby irrevocably undertake to pay you, the
Beneficiary, any sum or sums not exceeding in total the amount of Rs. [●] (Rupees [●]), upon receipt
by us of your first demand in writing and your written statement (in the demand) stating that:
(1) The Principal has, without your written consent, withdrawn its offer after the latest time
specified for its submission and before the expiry of its period of validity; or
(2) The Principal has refused to accept the correction of errors in its Tender in accordance with the
ITT; or
(3) You entered into the Contract with the Principal and he has failed to deliver the performance
security complying with Clause [●] of Volume 2 [Conditions of Contract]; or
(4) The Principal has failed to enter into the Contract and/or amendment to the Contract, or sign
the Letter of Acceptance within 7 (seven) days of being required to do so by the Beneficiary;
or
(5) The Principal has made an effort to influence you on Tender evaluation, comparison or award
decision; or
(6) The Principal has failed to provide to you the explanation and evidence of executing the works
and premise of contents of the Financial Tender within the time prescribed by you; or
(7) The Principal has failed, upon an extension of the Tender Validity Period under Clause 2.10 of
Volume 1 [Invitation to Tender], to extend the validity of the Tender Security for a further
period of 60 (sixty) days from the expiry date mentioned in (c) below; or
(9) If a Tenderer engages in a corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice; or
(10) If it is discovered at any point of time that the Tenderer has suppressed any fact, given a false
statement, misrepresented, committed any act of fraudulent nature or violated any of the terms
of this ITT, the Tender Security shall be forfeited, and the Tenderer shall be disqualified
forthwith. In such an event, the Tenderer shall not be entitled to any compensation whatsoever,
or refund of any other amount, if any, paid by him; or
Any demand for payment must contain your signature(s) which must be authenticated by your bankers
or by a notary public. The authenticated demand must be received by us at this office on or before the
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Airside Landside, Utilities and Works (Package-2)
expiry of the earliest of the following dates, when this guarantee shall expire and shall be returned to
us:
(a) Date of issue of letter communicating to the Principal that it has not qualified for the Contract
or the Tender submitted by the Principal is unsuccessful or the ITT is withdrawn and/or
cancelled by the Beneficiary; or
(b) upon the delivery of the performance security complying with Clause [●] of Volume 2
[Conditions of Contract] between the Beneficiary and the Principal after the award of the
Tender to the Principal; or
(c) 240 (two hundred and forty) days from the date of submission of Tender in accordance with the
ITT, inclusive of a claim period of 60 (sixty) days.
Notwithstanding anything to the contrary hereinabove, the guarantee shall finally expire on [insert date
240 (two hundred and forty) days after Submission Date], inclusive of a claim period of 60 (sixty) days.
Date:
Signature:
Designation:
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Airside Landside, Utilities and Works (Package-2)
Part I
1. Introduction
These rules regulate the manner in which Tenderers and their representatives may use the data
room.
2.1 The documents contained in the data room and any other information supplied on request (the
"Background Information") in connection with and relating to the Project constitutes
Confidential Information for the purposes of the Confidentiality and Non-Disclosure
Agreement to be executed by each Tenderer with YIAPL and, accordingly, the Background
Information must be held in complete confidence and subject to the terms of the Confidentiality
and Non-Disclosure Undertaking.
2.2 Further, the Background Information is made available subject to and on the terms contained
in the disclaimer of liability on the part of YIAPL set out in the ITT, as if references in the
important notice to the ITT were references to the Background Information. In particular, no
representation or warranty (express or implied) is given and no liability is accepted by YIAPL
or any of its advisers or representatives as on the accuracy, reliability or completeness or
reasonableness of the Background Information or for any errors, omissions or misstatements,
negligent or otherwise, in relation thereto.
2.3 The provision of the Background Information does not constitute an offer to award the Contract
and the Background Information will not form the basis of any Contract.
3. Appointments
3.1 The Tenderers will need to advise YIAPL the name and position held by each person inspecting
the Background Information. Any changes to these details will need to be notified in writing
before the Tenderers representatives will be given access to the data room.
4.1 Only personnel identified pursuant to Clause 3.1 above, will be given access to the data room.
4.2 Access to the data room is with the consent of YIAPL and may be withdrawn at any time and
without prior notice. Tenderers or their representatives or agents must comply immediately with
any request by YIAPL to stop access to the data room.
5. Documentation
5.1 An index of documents contained in the data room is set out in hereunder.
5.2 Further documents may be added to the data room from time to time. These will be clearly
identified and the Tenderers will be notified as soon as practicable of any additions to the
Background Information in the data room.
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Airside Landside, Utilities and Works (Package-2)
5.3 The Tenderers must not mark, alter, modify, vary in any way, damage or destroy any of the
Background Information available in the data room, if copy, print or download permission has
been granted in connection with specific Background Information.
6. Further Rules
6.1 Further rules and regulations for use of the data room or the Background Information will be
provided in the data room and shall be deemed to be incorporated herein by reference.
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Airside Landside, Utilities and Works (Package-2)
APPENDIX VII
Part II
Note** - Design is based on report submitted by Sky Group. YIAPL noticed certain discrepancies
in the Sky Group report and carried out another survey by SSS which is also attached for your
reference.
Notwithstanding the above two reports, the Contractor is required to take note of Clause 5 of
Conditions of Contract [Conditions of Site] and carry out his own survey etc. as required in the
Contract.
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Airside Landside, Utilities and Works (Package-2)
Part I
The Tenderers shall submit as its Technical Tender in the form set out in this ITT, the following duly
completed:
B. Description of General Execution Approach, Methodology and Work Plan which shall include
the following:
2. Procurement Plan;
5. Personnel Capabilities;
8. IGBC Certification
11. Adherence to the terms and conditions of this ITT (Tenderer shall as part of the
submission sign and seal each and every page of this ITT).
C. The following additional documents shall be submitted as a part of the Technical Tender:
3. Tender Security.
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Airside Landside, Utilities and Works (Package-2)
APPENDIX VIII
Part II
(a) Tenderer to submit the Design Approach and Methodology along with an Organogram
of the Design Staff clearly highlighting the various design responsibilities for each of
the following disciplines:
Airside Works
(i) Earthworks
(ii) Runway
(iii) Taxiway
(vii) Airfield Pavements, Airside Road Systems incl perimeter road and emergency
road, ATC Tower, VDGS
(x) IT systems
Landside Works
(i) Earthworks
(ii) Roads
(v) Landscaping
(vii) Utilities like MRSS, WTP, STP, Chiller Plant, CCR Building, Potable Water
Station etc.
(viii) IT systems
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Airside Landside, Utilities and Works (Package-2)
(b) Tenderer to also submit the details of design sub consultants, if Tenderer wishes to
outsource any of the design related aspects.
The Tenderer shall submit the Construction Methodology Statement for the following but not
limited to:
Airside Works
(i) Earthworks
(ii) Runway
(iii) Taxiway
(vii) Airfield Pavements, Airside Road Systems incl perimeter road and emergency road,
ATC Tower, VDGS
(x) IT systems
Landside Works
(i) Earthworks
(ii) Roads
(v) Landscaping
(vii) Utilities like MRSS, WTP, STP, Chiller Plant, CCR Building, Potable Water Station
etc.
(viii) IT systems
1. Work Plan
(i) The Tenderer shall provide the method of work plan for due performance of Works at
various stages of execution of Works considering its scope, specifications, site
requirement, airside operations, passenger and material traffic, weather conditions, site
conditions, operations and coordination with YIAPL and other contractors working on
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Airside Landside, Utilities and Works (Package-2)
the Airport Project. The Tenderer shall also highlight what it envisages as key and
critical success factors and how it will address and monitor such factors.
(ii) The method of work plan shall indicate the mode and methodology adopted by the
Tenderer to execute the Works in its intermediate stages as well as a whole.
(iii) The method of work plan shall take account of the dates and periods relating to
interfaces with and between others including dates for submission of documents
required by the Contract and periods for their acceptance.
(iv) The method of work plan shall contain sufficient detail to assure YIAPL of the
feasibility of the plan and approach proposed by the Tenderer. The Tenderer’s Financial
Tender shall follow the logic and periods shown in the method of work plan.
(v) The method of work plan shall be accompanied by a narrative statement that shall
describe programme activities, assumptions and logic, and highlight the Tenderer’s
perception of the major constraints and critical areas of concern in the organization,
construction and completion of the Works. This narrative statement shall also indicate
which elements of the Works the Tenderer intends to carry out off-site with details of
the proposed locations of where such work is to be carried out, the facilities available
and any third-party undertakings the Tenderer may have in this regard.
(vi) In particular, the Tenderer shall state the assumptions made in respect of the interfaces
with YIAPL, related works contractors including but not limited to airside landside
contractor, other contractors, retail concessionaire and third parties both in detail and
time, and any requirements for information on matters which would affect its works.
(vii) Tenderer to also submit the approach and methodology for testing and commissioning
including ORAT.
(viii) The Tenderer shall provide, as per the table hereunder, details of Major Sub-
contractors/consultants whom he intends to engage for execution of major Works.
2. Procurement Plan
The Tenderer shall submit a procurement plan describing how the Tenderer proposes to
requisition, procure, control, expedite, inspect, ship and import the required materials,
equipment for the Works.
The Tenderer in the aforesaid plan shall, inter-alia, describe its procurement organization to
support the execution of Works plan and detail how the procurement department would
interface with other departments related to the Airport Project.
The Tenderer shall provide the following list of proposed construction equipment:
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Airside Landside, Utilities and Works (Package-2)
Schedule in a form of bar chart covering the completion dates of the below listed
activities and shall be cognizant of YIAPL’s requirements as provided in Volume 3
[Employer’s Requirements]. The schedule for execution of the Works shall cover all
major intermediate milestones such as site set up, design completion, procurement
completion, construction, testing, operation trials, training etc.
The tenderer shall provide a description of major activities planned in first 90 (ninety)
days of the project and provide a list of key milestones that are to be accomplished
during the period. It will serve as a project roadmap for the initial stages.
5. Personnel Capabilities
(ii) Manpower deployment schedule for designing and engineering on a monthly time scale
in a tabular form; and
(iv) Approach for engaging the Project Affected People (PAP) during the construction
stage.
The Tenderer shall provide the following information in relation to the structure and
organization of its project team to support the Airport Project execution plan for the Works at
all locations where the Works is to be carried out during all phases of the Airport Project:
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Airside Landside, Utilities and Works (Package-2)
(i) Organisation structure for the project team indicating the firm/consortia to which they
belong.
(ii) List of the key personnel of the project team deployed at site, and their CVs and details
of their respective roles. The Tenderer shall confirm that such key personnel shall be
deployed on full time basis for the Airport Project. All key personnel to be deployed at
Site within 15(fifteen) days from receipt of Notice to Proceed. Any change in the
deployment of such personnel shall be only with the prior written approval of YIAPL.
The contractor’s staffing proposal for the execution of the works shall include the
following key personnel but not limited to:
I. Project Director
II. Chief Design Manager
III. Head – Architect;
IV. Head – Airside Designer;
V. Head – Road & Bridges Design;
VI. Head – Grading and Drainage;
VII. Head – MEP (HVAC, Electrical, PHE, Fire, BMS etc.);
VIII. Head – Structure;
IX. Head – IT and Security;
X. Head – VHT;
XI. Head – Design Assurance;
XII. Head – Design Interface; and
XIII. Head – BIM.
XIV. Procurement Manager
XV. Interface Coordinator
XVI. Construction Manager (Cut and fill works)
XVII. Construction Manager (Airside Civil and Pavement Works)
XVIII. Construction Manager (Landside roads and infrastructure)
XIX. Construction Manager (Ancillary buildings)
XX. Construction Manager (Site wide utilities)
XXI. Construction Manager (Low side MEP works)
XXII. Construction Manager (IT and BMS)
XXIII. Construction Manager (Landscaping)
XXIV. Engineering Manager (Design and Technical support)
XXV. Design Quality Assurance Manager
XXVI. Quality assurance manager
XXVII. Construction Quality control manager
XXVIII. Health and safety manager
XXIX. Site Logistics Manager
XXX. Environment control manager
XXXI. Liasoning Manager
XXXII. Integrated Commissioning & ORAT Manager
XXXIII. Security Head
XXXIV. Warranty Manager
XXXV. IGBC Manager
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Airside Landside, Utilities and Works (Package-2)
1. Proposed position
2. Name of firm
4. Date of birth
5. Nationality
7. Membership of Professional
Organizations
9. Countries of Work [List countries where staff has worked in the last
Experience ten years]
13. Work undertaken that best [Among the assignments in which the Staff has
illustrates capability of been involved, indicate the following
assigned to handle the tasks information for those assignments that best
assigned illustrate staff capability to handle the tasks
assigned]
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Airside Landside, Utilities and Works (Package-2)
Year:
Location:
Client:
Project Cost:
Positions held:
Activities performed:
Year:
Location:
Client:
Project Cost:
Positions held:
Activities performed:
Signature Signature
Date: [dd/mm/yyyy] Date: [dd/mm/yyyy]
Name of staff member: Name of Authorized Signatory:
(iii) The Tenderer shall identify such individuals who provide continuity in
design/engineering/procurement phases through the construction activity.
The Tenderer shall submit Airport Project specific Safety and Security Plan.
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Airside Landside, Utilities and Works (Package-2)
Accident/Incident experience
Over the past 6 (six) years have any of your operations resulted in lost time accidents,
illnesses or dangerous occurrences? Please provide information in the table below and
attach further details if necessary.
Fatalities
Reportable accident
Average employed
Frequency rate
Incident rate
Incident rate = (total reportable accidents) x 1,000 divided by the average number
employed
Lost Time Injury - person incapacitated from normal duties for more than one shift
(includes reportable accidents, if any)
Reportable accident - person incapacitated from normal duties for more than 48 hours
(including rest days/weekends)
b. ENVIRONMENT PLAN:
8. IGBC Certification
The Tenderer shall provide its plan giving the key points of its overall strategy for IGBC
certification. Tenderer shall also highlight the key factors during all phases of the project for
achieving IGBC certification and how it will monitor and address such factors.
9. Quality Plan
The Tenderer shall provide its quality management system standard in force Quality control
and Quality Assurance Program [(Evidence of ISO 9000 certification)].
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Airside Landside, Utilities and Works (Package-2)
The Tenderer shall provide a Traffic Management Plan for the movement of Tenderer’s goods,
materials, equipment and manpower during the construction phase of the Airport Project.
Tenderer will provide his detailed approach and plan for organising his labour camp.
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Airside Landside, Utilities and Works (Package-2)
APPENDIX VIII
Part III
To be executed by each Tenderer in the form set forth at Appendix IV of this ITT and duly
notarized.
2. Tenderer Information
In addition to the information sought in Appendix I- Form 1[General Information] the Tenderer
shall provide the following corporate information:
Website
3. Tender Security
To be provided by each Tenderer in the form set forth at Appendix VI of this ITT.
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Airside Landside, Utilities and Works (Package-2)
Part I
SCHEDULE OF PRICES
The Tenderers shall submit their Financial Tender in the form set out in this Appendix IX of this ITT,
the following duly completed:
Preamble:
(a) Form A1: Schedule of Tender Prices, the Guaranteed Maximum Price (“GMP”) and the
Contractor’s margin percentage for the Price Negotiated Equipment Works (“Contractor’s
Margin”)
(b) Form A2: The Apportionment of the Lump Sum Contract Price to Various Cost Centres
(c) Form A3: List of Equipment and services for availing Input tax Credit
(e) Form A4- Guaranteed Maximum Price of items to be procured as Price Negotiated
Equipment’s
(f) Form A5: Payment Schedule- Milestones and KPI
(g) Form A6(A): Schedule of Options-I
(h) FORM A6 (B): Schedule of Options-II
(i) Form A7: Schedule of Rate
(j) Form A8: Schedule of Day Rate for labour
(k) Form A9: Schedule of Hiring Rates for Hiring of Plant and Machinery
(l) Form A10: Detailed Price Breakup
Each of the above components of the Schedule of Prices shall cover all the obligations under the
Contract and shall be inclusive of all applicable Taxes payable.
Payment Schedule
After award of the Tender and prior to the execution of the Contract, the Successful Tenderer and
YIAPL shall mutually agree upon the payment schedule in accordance with Cost Centres, the monthly
interim payment schedule, KPIs, and milestones.
Price Adjustment
All prices and Contractor’s Margin are firm and fixed for the duration of the Contract and are not subject
to escalation for any cause. Payment of the lump sum contract price shall constitute full payment for
performance of the Works and covers all costs of whatever nature incurred by the Contractor in
accomplishing the Works in accordance with the provisions of this Contract.
The Contractor shall maintain all Works in progress until it is accepted. The Contractor shall repair,
rework or replace as necessary any work damaged or lost due to normal wear and tear, anticipated
events, or conditions within its control. No separate payment shall be made for such maintenance costs
which are deemed as included in the original Contract Sum. Any failure to maintain the Works shall be
considered a defect in accordance with Volume 2 [Conditions of Contract] under the Contractor’s
representations and warranties.
The Tenderers are expected to quote a lump sum price (excluding the Contractor’s Margin) for each
Price Negotiated Equipment.
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Airside Landside, Utilities and Works (Package-2)
In the event the GMP is lower than the price negotiated by YIAPL in respect of the Price Negotiated
Equipment, then YIAPL shall procure such Price Negotiated Equipment from the Contactor at the GMP
plus Contractor’s Margin.
No variation in the Contractor’s Margin shall be allowed due to the variation of actual cost of Price
Negotiated Equipment Works.
The Contractor’s Margin shall be the percentage figure set out in Form A1 payable for the execution of
the Price Negotiated Equipment Works in accordance with the provisions of the Contract, and include
only the Contractor’s profit. Cost of all other obligations for the Price Negotiated Equipment Works,
including Contractor’s Site and head office overheads, in respect of the Price Negotiated Equipment
Works shall be deemed to be included in the Lump Sum Prices.
The actual amounts for the Price Negotiated Equipment shall be determined at the time of procurement
of such works in accordance with the process set out in Clause 19.2 of the Volume 2 [Conditions of
Contract].
1. TAXATION
The lump sum contract price shall include all applicable Taxes from time to time (except those
specifically agreed to be excluded and reimbursed on actual basis under this section of
Contract).
The Taxes so charged shall be indicated separately on the invoices raised by the Contractor
including the nature of Taxes charged.
The Contractor shall include all applicable Taxes on imports. The total Taxes on imports
wherever applicable for each item in the price breakdown shall be shown separately in the price
breakdown.
The responsibility to clear the imported goods on payment of appropriate Taxes and requisite
documents shall be on the Contractor. The Contractor shall however ensure that, the Bill of
Entry shall be in the name of YIAPL.
The Contractor hereby undertakes to procure directly from the registered vendors.
In any case, appropriate Taxes shall be shown separately on the invoices raised by the
Contractor for such supplies made to YIAPL.
Further, the Contractor shall issue separate invoices for the supplies on which credit is available
vis-à-vis supplies on which credit is restricted in terms of GST laws.
1.3 GST
The Contractor shall charge applicable goods and services tax (“GST”) (i.e., Integrated GST
(“IGST”) or, Central GST (“CGST”) and State GST (“SGST”)) on all supplies made to
YIAPL, subject to exemptions if any, and shall reflect the output GST payable, if any, by him
under the Contract separately. The Contractor shall ensure that eligible input credit shall be
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Airside Landside, Utilities and Works (Package-2)
correctly availed of the GST paid by the Contractor and such eligible input credit shall not form
part of the pricing to YIAPL.
The Contractor shall ensure that the invoices for the supply of goods and services are raised in
consonance with the applicable provisions for tax invoice under GST. Further, the Contractor
shall ensure complete adherence to the compliance provisions under GST to ensure that there
is no adverse impact on YIAPL from a compliance and input tax credit perspective.
In case of any mismatch in the details of outward supply submitted by the Contractor to the
inward supplies declared by YIAPL, the Contractor and YIAPL shall work together and
reconcile the mismatch to avoid any GST exposure. If for any reason, the input credits are
denied in the hands of YIAPL due to non-compliance by the Contractor, YIAPL shall recover
such amounts from the Contractor.
In the event, YIAPL is extended incentive by way of refunds of SGST paid on local
procurements of goods under the Uttar Pradesh Goods and Services Tax Act 2017 and the
related Rules, if any, the Contractor shall ensure that all assistance (including all necessary
information/documents) shall be extended to YIAPL to realize the refund.
Where any benefit in the nature of project import, EPCG or any other scheme is availed by
YIAPL, the benefit in terms of such exemption/ concession should be passed on to YIAPL by
way of reduction in Contract Sum.
YIAPL shall not be held responsible for incorrect payment of any applicable taxes and shall
not be liable to pay such amounts to the Contractor/sub-contractor.
In case of procurements which are specifically agreed between the Contractor and YIAPL for
import of goods and equipment under the project import scheme and for import of goods and
equipment on back-to-back basis for the Airport, the Contractor will not charge any IGST as
these transactions, being high sea sales, shall be outside the purview of tax implication under
GST. Any GST liability arising out of Contractor’s failure to comply with the above
requirements shall be to the Contractor’s account.
YIAPL shall in no event be liable to reimburse any Taxes to the Contractor on account of any
error and or omission in calculation of Taxes by the Contractor. The Contractor shall provide
all relevant information, documents, and records as required by YIAPL for verification. The
Contractor shall also be required to comply with any other schemes as may be prescribed under
the current indirect tax laws as beneficial to YIAPL which are applicable to YIAPL in this
regard.
The Schedule of Prices sets out the list of Equipment which would be supplied by the Contractor
to YIAPL for the Project, for which input tax credit shall be made available by the Contractor
to YIAPL.
The Contractor shall raise separate invoices for the onshore Equipment which are eligible for
input tax credit as against the equipment on which ITC is not admissible under GST laws.
Any eligible credits available to the Contractor under the GST regime shall be availed of by the
Contractor and the same shall not form part of the Contract Sum.
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Airside Landside, Utilities and Works (Package-2)
The Contractor shall indicate in the list of Equipment set out in Schedule of Prices, the
Equipment to be procured from foreign vendors under the Contract which shall be imported
and transferred to YIAPL under a high sea sales arrangement along with appropriate HSN code.
The Contractor shall ensure availability of eligible credit to YIAPL for such imported
Equipment by way of filing bill of entry in the name of YIAPL. The Contractor shall provide a
separate invoice for each Equipment imported under high sea sales arrangement along with
appropriate HSN code.
The Contractor shall provide installation services in relation to the Equipment procured under
high sea sales arrangement and the Contractor shall issue a separate invoice for installation
charges with respect to the high sea sale Equipment referred to in the paragraph above.
Further, the Contract Sum shall specifically exclude any Employer Issue Equipment. The
Contractor shall ensure that the eligible input tax credit, is made available to YIAPL. Further,
YIAPL shall adjust the short fall in actual input tax credit amount from declared amount (if
any) from amount payable to the Contractor. However, no additional payment shall be made to
the Contractor if actual input tax credit amount is more than the declared amount.
While transferring the eligible input tax credit in respect of IGST, CGST and SGST, in case of
any mismatch in the details of outward supply submitted by the Contractor to the inward
supplies declared by YIAPL, the Contractor and YIAPL shall work together and reconcile the
mismatch so that the taxes paid by YIAPL is not recovered from YIAPL as tax liability.
In the event, YIAPL obtains an exemption from the payment of any applicable tax for the
Project, the same shall be intimated/extended to the Contractor, and the Contractor will not pay
any such applicable tax from the date of such intimation. Further, any benefit in terms of such
exemption/ concession shall be passed on to the YIAPL by way of reduction in Contract Sum.
YIAPL shall intimate the Contractor where a project import/EPCG license has been obtained
and YIAPL shall pay only reduced rate of taxes on the import of any goods/ avail the outright
exemption (as the case may be) for the Project. Thus, the Contractor shall ensure that the
savings on account of such beneficial rate/ exemption available is passed on to YIAPL by way
of reduction in Contract Sum.
YIAPL shall not be held responsible for any incorrect payment of any applicable taxes and shall
not be liable to pay such amounts to the Contractor/sub-contractor.
YIAPL shall not be held responsible and shall not be under obligation to reimburse the
Contractor for any increase in the non-creditable taxes during the course of the Project.
YIAPL shall deduct/withhold any indirect taxes, if applicable, in the manner prescribed under
the law, from the price payable to the Contractor and shall maintain and furnish appropriate
documentation for the same.
The Contractor shall represent and warrant that it shall remain compliant with the GST laws
and the requirements therein. The Contractor shall solely incur and bear any additional
recoveries or tax incidence on account of non-compliances with the indirect tax laws.
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APPENDIX IX
Part II
(C) = (A+B-C)
The Works shall include all obligations under the Contract including enabling works required for
execution of Works. YIAPL shall not pay any separate cost for the enabling works.
The prices quoted by the Tenderer shall not be subject to adjustment during the term of the Contract,
except as may be provided therein and shall include all direct, indirect and ancillary charges and costs
of whatsoever nature including mock-ups, all profit, foreign exchange cost, rate fluctuations and risk,
royalties, wastages, license, permits, approvals, maintenance, transportation, labour, charges,
consumable materials and any other materials to be provide and all Taxes, ESI, PF contribution;
penalties, insurance premiums (including deductibles), costs, bank charges, and any other costs, charges
including all Contractor’s equipment and licence fees, royalties, all deductions and withholdings;
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Airside Landside, Utilities and Works (Package-2)
APPENDIX IX
Part III
PREAMBLE
The lump sum Contract Sum shall be apportioned by the Tenderers to the items listed in each Cost
Centre, each representing one or more groups of inter-related works forming part of Works. The Cost
Centre descriptions are general summaries only and therefore no omission from, or error in the
description of a Cost Centre shall warrant an adjustment of the Contract Sum nor entitle the Contractor
to seek an extension of time under the Contract. Under no circumstances shall the division and
description of a Cost Centre be interpreted as a limitation of the Tenderer’s scope of Works. The scope
of Works shall be as set out under the Contract.
The Tenderer shall provide the further break down of the below items, as reasonably required by YIAPL
for the purpose of progress measurement, accounting and payment. The Contractor shall provide
component-wise pricing at the time of invoicing to enable capitalization of works by YIAPL. Such
component wise break up shall be provided by the Contractor during the execution of Works.
The total of the Schedule of Lump Sum Contract Sum (Form A1) and the apportionment of the lump
sum Contract Sum to various cost centres (Form A2) and the breakdown of prices for all the cost centres
to be submitted by the Contractor shall be the same amount.
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Airside Landside, Utilities and Works (Package-2)
4.9 AL.04.09 GSE Staging, Additional bus staging area east of PTB,
additional GSE area on Terminal etc.
5.1 AL.05.01 Parking Area (incl at grade parking incl staff parking,
amenities in parking areas, lighting works, IT works,
check posts, boom barriers etc.)
5.2 AL.05.02 Access Roads (Main access road, main access west,
secondary access east, secondary access west, loading
dock access and area, departure kerb -3.5m level,
security check posts, morchas, cabins, boom barriers,
lighting, signages, extremal landscaping and
horticulture, bus stops etc.)
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Airside Landside, Utilities and Works (Package-2)
6 AL. 06 Utilities
6.2 AL. 06.02 Airfield Ground Lighting sub stations (incl. CCR
building incl equipment, site circulation etc.)
6.3 AL. 06.03 Surface Drainage System (incl. site wide storm
drainage network, road drainage, rain water harvesting
system, holding ponds etc.)
6.7 AL. 06.07 Water Treatment Plant (WTP) and Water Supply
(utilities up to the tapping point for all facilities)
6.9 AL. 06.09 Airport Wide Fiber Optic Cabling and Security
System (incl CCTV system, PIDS system, OFC
backbone, civil works such as duct banks, manholes,
chambers etc. incl the tapping point for all facilities
etc.)
6.10 AL. 06.10 IT receiving shelter/IT huts and Satellite CFT Shelters
etc.
7.1 AL. 07.01 Air Traffic Control Tower & ARFF (incl. civil,
structural, finishing works, MEP, VHT, ICT, external
development works etc.)
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Airside Landside, Utilities and Works (Package-2)
7.3 AL. 07.03 Office Block West (incl. civil, structural, finishing
works, MEP, VHT, ICT, external development works,
IT Infrastructure for APOC, AEOC, SOCC etc.)
7.4 AL. 07.04 Data Centre 2 (incl. civil, structural, finishing works,
MEP, VHT, ICT, external development works, IT
infrastructure for data centre etc.)
7.5 AL. 07.05 HVAC Building - Chiller Plant (incl. civil, structural,
finishing works, MEP, VHT, ICT, external
development works, chilled water system – incl
pumping systems, cooling tower, complete system,
piping, utility corridor etc.)
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Airside Landside, Utilities and Works (Package-2)
APPENDIX IX
Part IV
FORM A3: LIST OF EQUIPMENT AND SRVICES THEREOF FOR AVAILING INPUT TAX
CREDIT
1 Fire Extinguishers,
Cabinets and
Accessories
2 Elevators
4 Clean-Agent Fire-
Extinguishing Systems
5 Sanitary Waste
Interceptors
6 Sanitary Sewerage
Pumps
7 Sump Pumps
8 HVAC Fans
10 Modular Indoor
Central-Station Air-
Handling Units
13 Electrical Power
Monitoring and
Control
14 Lighting Control
Devices
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Airside Landside, Utilities and Works (Package-2)
16 Dry-Type, Medium-
Voltage Transformers
17 Low Voltage
Switchgear
18 Panel boards
19 Variable Frequency
Motor Controllers
20 Static Uninterruptible
Power Supply (UPS)
21 Power Factor
Correction Equipment
22 Lightning Protection
for Structures
24 LED Exterior
Lighting Fixtures
25 Communications
Cabinets, Racks,
Frames and Enclosures
26 Audio
Visual Equipment
27 Electronic Gates
System
28 Electronic Points of
Sale System and
Integration
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Airside Landside, Utilities and Works (Package-2)
33 Voice Over IP
35 AGL system
35 Visual Docking
Guidance Systems
36 Illuminated Signs
(Airfield)
37 Beacon System
39 Intercommunication
System
40 Video Surveillance
System
43 Aspirating Smoke
Detection Systems
45 HVAC Systems
46 Diesel Generators
Systems
48 CCTV closed-circuit
television systems
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Airside Landside, Utilities and Works (Package-2)
49 Perimeter Intrusion
Detection System
50 Distribution Substation
53 33kV / 11kV
Transformers
54 220kV / 33kV
Transformer
General Note - This is in not intended to be a comprehensive list inclusive of all scope elements. The
lumpsum line item costs should be inline with the item price and not be majorly unbalanced. YIAPL
shall have the right to review and modify the line item price as required, however without altering the
Contract Sum.
AND
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Airside Landside, Utilities and Works (Package-2)
APPENDIX IX
Part V
Tenderer to submit Contract/ Project Schedule in a form of bar chart in accordance with below
listed milestones (“Milestones”) and shall be cognizant of the YIAPL’s Requirements.
1.
2.
3.
4.
TOTAL
Tenderer to submit Project Schedule in a form of bar chart in accordance with below listed KPI’s and
shall be cognizant of the YIAPL’s Requirements
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Airside Landside, Utilities and Works (Package-2)
Note: Payment Schedule- Tender shall submit a Payment Schedule, considering the Cost Centres,
Milestones and KPIs.
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Airside Landside, Utilities and Works (Package-2)
APPENDIX IX
Part VI
1. The option to effect the change in the cope of Works indicated as herein below shall be
exercised by YIAPL, within the time period from Notice to Proceed as indicated against the
respective item.
2. The price increase or decrease, as applicable against each item, shall apply in the event of
YIAPL exercising the option to change the scope of Works indicated in YIAPL’s Requirements
in the instances given below.
Sr. Cost Description in the INR Change (Increase Period after NTP for
No. Centre change in Scope of or Decrease, as YIAPL to exercise the
Work applicable) in the Option (To be confirmed
Tender Total by Tenderer)
YIAPL may, solely at its option, order the following works on the Contractor.
The Contractor agrees to perform these works at the price quoted below.
Sl. Item Base Cost Basic Custom IGST/CGS Credit Total (INR)
No Duty T/SGST of
IGST
1 2 3 4 (1+2+3-4)
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Airside Landside, Utilities and Works (Package-2)
APPENDIX IX
Part VII
The following unit rates for changes shall be full and complete compensation for additional work or
credit for deleted work.
Rates shall be inclusive of all costs (direct and indirect) including, but not limited to, labour, material,
services, overhead and profit
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Airside Landside, Utilities and Works (Package-2)
APPENDIX IX
Part VIII
(All rates to be included in this sheet to be inclusive of all direct reimbursement required including
overheads and profit).
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Airside Landside, Utilities and Works (Package-2)
APPENDIX IX
Part IX
From A8: SCHEDULE OF HOURLY RATES FOR HIRING OF PLANT AND MACHINERY
This document shall be prepared and completed by the Tenderer and submitted as part of the Form of
Financial Tender:
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Airside Landside, Utilities and Works (Package-2)
APPENDIX IX
Part X
Note: The Form A10 is only for the purpose of understanding the breakup of the lump sum price
as provided in Form A2 and shall not form part of the Contract Agreement
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[Attached Separately]
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[Attached Separately]
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[Attached Separately]
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VOLUME 5 – SPECIFICATIONS
[Attached Separately]
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[Attached Separately]
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[Attached Separately]
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