AIRPORTS AUTHORITY OF INDIA CIVIL ENCLAVE, BHUJ AIRPORT BHUJ TENDER DOCUMENT

Transcription

1 AIRPORTS AUTHORITY OF INDIA CIVIL ENCLAVE, BHUJ AIRPORT BHUJ TENDER DOCUMENT Name of work: SITC OF HD CAMERA FOR CCTVSYSTEM AT CIVIL AIRPORT, BHUJ. Tender No. : AAI/BJ/SITC HD CAMERA/NIT-04/ E tender no. 2018_AAI_8152 Page 1 of 45

2 INDEX Sl. No Section PARTICULARS PAGE Nos. 1. Tender schedule Section-I Notice Inviting E-Tender Section-II E-Tendering Guidelines to Bidders Section-III Instructions to Bidders Section-IV General Terms & Conditions of the Contract Annexure-III Tender conditions compliance Section -V Special Conditions of the Contract Annexure-I Checklist for Envelope 1 and II Annexure-II Acceptance Letter Annexure-IV Power of Attorney Format Annexure-V Letter to be submitted with Technical Bid Annexure-VI Bank Account Details Format Annexure-VII Technical specifications compliance Annexure-VIII Bill of Materials Schedule-A Price Schedule Page 2 of 45

3 TENDER SCHEDULE 1.Details of work Sl.no. Name of Work Estimated Cost (Rs.) 1 SITC OF HD CAMERA FOR CCTV SYSTEM AT CIVIL AIRPORT, BHUJ EMD (Rs.) E- Tender Fee /- 8274/- 560/- 2.Critical Dates. Sl.No. Activity Date Time in IST 1 Publishing of e tender document Hrs 2 Bid document download start date from CPP portal Hrs 3 Clarification start date by bidders through CPP portal Hrs 4 Clarifications end date through CPP portal 1700 Hrs 5 Last date for on line submission of Hrs bids through CPP portal 6 Date of opening of Technical bid Hrs 7 Last Date and time of submission of Original Demand Drafts against EMD and Tender Fee /Exemption certificates and unconditional acceptance letter of AAI Hrs 8 Date of opening Financial bid Will be intimated later Time Period for completion of the work: Within 30 Days from the date of acceptance of work order. Note: AAI may at its discretion extend/change the schedule of any activity and intimate the bidders by notifications through e tender portal. Page 3 of 45

4 SECTION I NOTICE INVITING E-TENDER Airports Authority of India invites E-tenders from the original equipment manufacturer of CCTV Systems or their authorized dealers/distributors/channel partners/system integrator/service provider/any specialized agency who is experienced in the SITC of CCTV System, for the work of SUPPLY, INSTALLATION, TESTING AND COMMISSIONING (SITC) OF HD CAMERA FOR CCTV SYSTEM at Civil Airport, Bhuj as per the list of equipment& peripherals given in schedule A of the Tender document. 1. The tendering process is online at e-portal URL address or through link on 2. Prospective tenderers are advised to get themselves acquainted for e- tendering participation requirement at Instruction for Online Bid Submission", register them at e-tendering portal, obtain User ID & Password and go through the Self Help Files available in the Home page to the portal They should also obtain Digital Signature Certificate (DSC) in Parallel which is essentially required for submission of their application. The process normally takes 03 days of time. The tenderers may also take guidance from AAI help Desk support. 3. Tender Fee: Rs (Inclusive of GST), Non-refundable (Rupees Five Hundred and sixty Only) will be required to be paid offline only in the form of Demand draft from Nationalized or any scheduled bank (But not from Co-operative or Gramin Bank). The original demand Draft against Tender fee should be posted/ couriered/ given in person to the concerned officials on or before opening of technical bidor as specified in the tender Document. The details of Demand Draft/ any other accepted instruments, physically sent should tally with the details available in the scanned copy and the data entered during bid submission time. 4. The tenderer shall submit their application by downloading the tender from the e-tendering portal, fill-up the required information and upload the digitally signed file of scanned documents and firm s bio-data in support of their fulfillment of each credential mentioned below in the Technical folder in technical Bid /Attachments Section in the portal. Uploading of application in location other than specified above shall not be considered. Hard copy of application shall not be entertained. 5. Estimated cost of the work is Rs /-(Rupees four lakh thirteen thousand seven hundred Only) inclusive of all taxes and charges. 6. The Earnest Money Deposit [EMD] of Rs 8274/-(Rupees Eight Thousand two hundred seventy four only)shall be accepted OFFLINE only in the form of Demand draft from Nationalized or any scheduled bank (But not from Cooperative or Gramin Bank). The original demand Draft against EMD should be posted/ couriered/ given in person to the concerned officials on or before Page 4 of 45

5 opening of technical bid or as specified in the tender Document. The details of Demand Draft/ any other accepted instruments, physically sent should tally with the details available in the scanned copy and the data entered during bid submission time. DD(tender fee and EMD) should be in favor of AIRPORTS AUTHORITY OF INDIA, PAYABLE AT MUMBAI and to be sent along with tender fee to the following address: The Airport Director Airports Authority of India Civil Enclave Bhuj Airport, Bhuj Kutch, Gujarat Vendors should have successfully completed works of similar nature of SUPPLY,INSTALLATION,TESTING AND COMMISSIONING (SITC) OF FOR CCTV SYSTEM against three separate Works each for a value not less than 40%(Rs ) or Two separate Works each for a value not less than 50%(Rs )or One work for a value not less than 80%(Rs )of the estimated cost during the last 7 years for Government Departments or Public Sector Undertakings or reputed Private Sectors (within India). For any clarification in eligibility criteria or for further details, vendors may contact Assistant General Manager (CNS), Airports Authority of India, Civil Airport, Bhuj. Phone Following envelopes shall be submitted online at e-portal by the bidder: 7.1. Envelope I : technical bid: Application, eligibility documents and proof of payment of processing fee for e- Tendering Scanned copy of payment of tender fee of Rs 560/- (Non refundable)tender fee to be paid offline only as per clause 3above and scanned copy to be uploaded in TECHNICAL BID folder or valid NSIC/MSME registration certificates issued by authorized agencies/govt. body for claiming exemptions Scanned copy of Payment of earnest money deposit (EMD) Rs 8274/- (Rupees eight thousand two hundred seventy four only)emd to be paid off line only as per clause 6 above or valid NSIC/MSME registration certificates issued by authorized agencies/govt. body for claiming exemptions The bidders shall upload scanned copy of digitally signed documents in readable form along with copy of e-tender fee transaction details in AAI E- tender portal corresponding to each criterion along with Annexure-I which is available in the tender documents.the bidders need to submit the TDS certificate apart from completion certificate if the work was carried out in Private Firms Self-attested Copies of PAN Card and GST registration. Page 5 of 45

6 Certificate of Incorporation/proprietorship/partnership deed Experience certificate on execution of SITC of CCTV System Intimation regarding eligibility/non-eligibility for participating in the e-tendering will be notified to the agencies through e-tendering portal subsequently Duly filled Tender document along with unconditional acceptance as per Annexure-II and Power of Attorneys per Annexure IV Bids of the tenderer whose hard copy of EMD, tender fee/msme certificates for exemption are not received on or before opening of technical bid, will not be opened/processed and their tender will be summarily rejected. 7.2 Envelope II(Financial Bid): Bidders shall mention their pricing online at the appropriate form in CPP portal itself. Prices shall not be written in Schedule A of the downloaded Tender document. 8. AAI reserves the right to accept or reject any or all applications and to call off the e- Tender process at any stage without assigning any reason. 9. AAI also reserves the right to disallow any bidder from participating in the tendering whose performance at ongoing project(s) is below par or unusually poor. 10. At any stage, any information/documents submitted by the bidder is found to be false, the agency shall be liable for debarment from e-tendering in AAI, apart from any other appropriate/legal action. 11. Consortium/Joint venture companies shall not be permitted. No single firm shall be permitted to submit two separate applications. 12. Concessions to the bidders registered with NSIC/MSME, shall be applicable as per the directives of Govt. of India. Bidders are requested to get themselves acquainted for e-tendering participation requirement at "E-Tendering Guidelines for bidders". Airport Director AAI, Civil Enclave, Bhuj Airport Page 6 of 45

7 SECTION II E-Tendering Guidelines to Bidders INSTRUTIONS TO TENDERER 1. Bidders willing to participate may download the digitally signed tender document online from e- portal at and submit digitally counter signed tender document on-line at the same portal. 2. The instructions in the tender document are binding on the bidder and submission of the tender shall imply unconditional acceptance of all the terms and conditions by the bidder. 3. Bidder shall upload tender on E-Portal well in advance to avoid last minute hassles. AAI shall not entertain any queries on such subject after last date as mentioned in tender documents. 4. Amendment to Tender document At any time, prior to scheduled date of submission of bids, AAI if it deems appropriate to revise any part of this tender or to issue additional data to clarify and interpretation of provisions of this tender, it may issue addendum / corrigendum to this tender. Any such addendum / corrigendum shall be deemed to be incorporated by this reference into this tender and binding on the bidders. Addendum / corrigendum will be notified through e- tender portal at 5. Clarifications of Bid Documents 5.1 Bidder, requiring any clarification of the tender Document, may submit their clarifications, if any, through provision of e-tender Portal at Request for clarifications received from bidders shall be responded by AAI till the schedule indicated in para.3 above or as extended thereto by AAI. 5.2 Replies to Clarifications by AAI will be uploaded through e- Portal. The bidders are advised to visit e- portal at regularly. 5.3Clarifications and other documents, if and when issued by AAI, shall be in relation to the tender and hence shall be treated as their extension. 5.4AAI makes no representation or warranty as to the completeness or accuracy of any response, nor does AAI undertake to answer all the queries that have been posted by the Bidders. 5.5In order to provide reasonable time to bidders to take the amendments into account for preparing their bids, AAI may, at its discretion, extend the deadline for the submission of bids suitably. Page 7 of 45

8 6 Composition of Bids and General Guidelines for bid process 6.1 Bidders shall submit their bids as per scheduled date & time through e- portal at only. E-tender system shall not allow bidders to submit their tender, after the scheduled date & time. The Technical bids and the Financial bids will be opened online by AAI at the time and date as scheduled for the same. All the Statements, documents, certificates etc., uploaded by the bidders shall be downloaded and verified for technical evaluation. The clarifications, particulars, if any, required from the bidders, will be obtained through query provision available in e- portal. The result of Technical bid &financial bid evaluations shall be displayed on e- portal and shall be visible to all the bidders who participated in this Tender. 6.2 On-line E-Tendering General Guidelines (i) (ii) (iii) System shall not permit upload of bids after the scheduled time of submission. The bidder may correct, modify or withdraw his bid after submission prior to schedule last date & time of submission of Technical and Price bids. Subject to Clause ii above, no bid shall be modified subsequent to the schedule time of submission of bids 7 E-Tendering Participation Requirements : Vendors are required to carry out the following activities: 7.1. Registration: Registration shall be on e-tendering Portal free of cost, at and obtain "User Id and Password". They should also obtain Digital Signature Certificate in parallel which is essentially required for submission of their application General guidelines for bidders: General guide lines for bidders to proceed further in the tender process are available in the E-tender portal under Self Help Files Tab. Bidders shall go through the guidelines before submitting their bids on-line Digital Certificate: Bidder shall have a legally valid class III digital certificate as per Indian IT Act, 2000, from the licensed Certifying Authorities, operating under the Root Certifying Authority of India (RCAI), Controller of Certifying Authorities (CCA) of India (Please see Licensed CA's in India are: a) Safe Scrypt b) NIC c) IDRBT d) TCS e) Mtnl Trustline f) GNFC g) e-mudhra CA 7.4. On-line E-Tendering: For all AAI tenders hosted on E-tender site, the Financial Bid and Technical Bids shall be uploaded on-line only. However, documents which have to be uploaded in originals like EMD and any other documents mentioned in the tender documents have to be submitted offline as advised in this tender document. On-Line Training & technical assistance for interested bidders shall be available as follows: Page 8 of 45

9 7.5. Bidder s training support system: Detailed information in this regard have been provided to the bidders at E-tender Portal under the Self Help Tab. Training support system for registered bidders is given inside the portal and visible to the registered bidders only. For any technical assistance with regard to the functioning of e tender portal the bidder may contact the following AAI help desk numbers between 08:00 hrs to 20:00hrs Sl. No. Support persons Help Desk Number 1 Help desk team Extn.3512, Mr , Sanjeev Kumar Extn.3505 Manager(IT) Escalation Matrix Instant support After 4 hours of issue Address eprochelp@aai.aero etendersupport@aai.aer o Timings Hrs (MON- SAT) Hrs (MON-FRI) 3 Ms. S Nita Assistant GM(IT) 4 Mr. Y K Kaushik Joint General Manager(IT) 5 General Manager(IT) , Extn.3523 After 12 hours After 24 hours snita@aai.aero Hrs (MON-FRI) Ykkaushik@aai.aero Hrs (MON-FRI) After 03days gmitchq@aai.aero Hrs (MON-FRI) The help desk services shall remain closed on all govt. gazetted holidays. For queries related to the tender published on the portal bidders are advised to contact concerned bid manager of AAI. Page 9 of 45

10 INSTRUCTIONS TO BIDDERS SECTION III A. INTRODUCTION 1. DEFINITIONS AAI / The Buyer means the Airports Authority of India. "The Bidder / Vendor" means the individual or firm who participates in this tender and submits its bid. Project Manager AAI means the AAI executive responsible for signing all documents from AAI side and shall coordinate all the activities of the project with the bidder / contractor. "The Contractor" means the individual or firm taking up the work as defined under the Notice Inviting Tender. The Works Order means the order placed for the SITC of HD Camera for CCTV system at Civil Airport Bhuj. The Contract means the agreement signed between the Buyer and the Contractor as per the terms and conditions contained in the Works Order. "The Contract Price" means the price payable to the Contractor under the Works Order for the full and proper performance of its contractual obligations. Non-responsive Bid means a bid, which is not submitted as per the instructions to the bidders or Earnest Money Deposit has not been attached, or the required data has not been provided with the Bid or incomplete bids or intentional errors have been committed in the Bid. 2. ELIGIBILITY CRITERIA All documents to be uploaded in the e-portal in technical folder 2.1 List of Documents to be attached with Technical Bid. The original format available in e-tender document shall be used and filled wherever it is required. The eligibility bid shall be submitted online on the e-tender portal. All the following supporting documents shall be scanned and uploaded in readable form at CPP Portal corresponding to each criterion mentioned below for scrutiny by the evaluation team: 2.2 GST Registration: Self attested copies to be attached. 2.3 PAN No. of the Company/Firm, Self attested copies to be attached. Certificate of Incorporation, Articles of Memorandum of Association or Partnership Deed or proprietorship deed. 2.4 The bidder should not have any of their contracts terminated or blacklisted in the last three years by any State or Central Government/PSU/BFSI/Private Sector. 2.5 Annualized average turnover: Bidder should have annualized abridged financial turnover of at least Rs /-(30% of estimate value) or equivalent during last three FINANCIAL years ending 31st March of As a proof of financial turnover, Page 10 of 45

11 copy of abridged Balance Sheet along with profit and loss account of the bidder duly certified by a Chartered Accountant, for the last three years should be submitted. 2.6 Bidder should have successfully completed similar nature of works forsitc of CCTV System against one Work having value equal to 80% or more of the estimated cost or two separate Works, each for a value equal to or greater than 50% of the estimated cost or three separate Works, each for a value equal to or greater than 40% of the estimated cost in last 7 years, for Government Departments or Public Undertaking or reputed Private Sectors (within India). As a proof of successful execution of the works as per the above criteria, the bidder should submit the following documents: 2.6.1Self attested copies of the Work Orders with complete Schedule of Quantity Certificate of the Satisfactory Performance and Successful Completion for each works (whose Work Orders are being submitted) issued by the respective client(s) shall be submitted mentioning the complete detail of work carried out along with the Name, Contact Address, Contact No. (Landline only with Extn. No. if any), Official ID and seal of the issuing authority. The bidders need to submit the TDS certificate apart from completion certificate if the work was carried out in Private Firms The bidder shall be OEM/Authorized Service Providers (ASP)/Dealer/Distributor/ Channel partner of OEM or any specialized firm having experience in executing SITC of CCTV system. As a proof, the bidder shall submit valid Authorization Letter of the OEM or documentary evidence of experience in execution of SITC of CCTV System with Name, Contact Address, and Contact No. (Landline only with Extn. No. if any), Official ID and seal of the issuing authority. 2.7 Duly filled and signed Letter (Annexure-V). 2.8 EMD as per clause 6 of the Section I. 2.9Signed copy of original tender in proper order Letter for Un-conditional Acceptance of terms & conditions of tender (Annexure II) Power of attorney for signing of documents and execution of work (Annexure- IV) 2.12 Bank account details (Annexure-VI). 3. List of documents to be attached with Financial Bid. 3.1 Online submission of Financial Bid through the AAI E-tender portal for the items given in Schedule A. Page 11 of 45

12 1. Purpose & Scope SECTION IV GENERAL TERMS & CONDITIONS OF THE CONTRACT 1.1 This document sets out the terms & conditions to be met in connection with the provision of SUPPLY, INSTALLATION, TESTING AND COMMISSIONING (SITC) OF HD CAMERA FOR CCTV SYSTEM at Civil Airport, Bhuj, as per details given in the BOQ. 2. Scope of work: The scope of work involves (A). Configuration of HD IP cameras in new NVR server. (B)Integration of new NVR in to the existing CCTV camera system (C).Centralized continuous recording of HD cameras and other existing cameras for minimum 30 days. (D) Retrieval of recorded data in USB/DVD. 2.1 GENERAL TERMS AND CONDITIONS: a) The work herein specified shall be performed by competent workmen in a thorough professional manner. b) The contractor s staff working at the Airport shall comply with the Airport discipline & airport rules c) Least inconvenience to passengers and other user agencies must be ensured while executing the work in the airport premises. d) Airport entry passes for the contractor and his staff shall be recommended by AAI. The contractor shall be fully responsible for obtaining the entry passes for his officials. Cost for airport entry passes shall be borne by the contractor. After the completion of SITC work, passes should be surrendered in the office of the pass section and intimation should be given to Assistant. Gen. Manager (CNS). e) All the contractor s staff shall behave in an orderly manner and shall not indulge in any activity beyond the scope of the contract. Any staff violating the clauses / Airport security rules and discipline shall be removed by the contractor immediately under intimation to this office. f) Any damage to AAI property shall be recovered from the bills of the contractor and hence utmost precaution should be taken during execution of the work. g) The contractor shall be fully responsible for any accident that may occur to his workmen during the course of his duty at the airport. All medical expenses for his workmen shall be borne by the contractor. 2.2 TECHNICAL AND OTHER TERMS AND CONDITIONS: Security of the contract value shall be retained by AAI till the expiry of the contract. 3 Payment will be released after successful completion of work and deduction of penalty, if any along with the satisfactory performance certificate from the engineering in Charge. 4 AAI shall deduct income tax and make other applicable recoveries from running bill payments as per prevailing rules. TDS (Tax deducted at source) certificate, however, shall be issued to contractor. No advance payment shall be made to the firm. Page 12 of 45

13 5 For any loss or damage to the AAI installations due to faulty or poor maintenance, the contractor shall be liable for compensation to the extent of damage done. AAI shall have full authority to get the damage rectified at the contractor s risk and cost Compliance 7.1 The unconditional acceptance of all the terms & conditions of the NIT has to be submitted as per the format of the letter attached at Annexure-II. 7.2 The submission of the tender will imply acceptance of all the tender condition by the bidder laid in tender document including all the Annexure(s) & schedules to the tender document. 7.3 The compliance to the terms & conditions should be supported by authenticated documentation wherever required. 7.4 The submission of unconditional acceptance as described above is essential for the tender evaluation. The failure to submit the unconditional acceptance statement in the said format shall result in his tender being rejected. 8. Language and Currency 8.1 The bidder shall quote the rates in international numerals. The rates shall be in whole numbers. In the event of the order being awarded, the language of all services, manuals, instructions, technical documentation etc. provided under this contract will be English. The bidders should quote only in Indian Rupees and the bids in currencies other than Indian rupees shall not be accepted. 9 Standard Conditions 9.1 Standard printed conditions of the bidder to the offer, other than the conditions specified here, will not be acceptable. 9.2 For the purpose of the tender, the metric system of units shall be used. 9.3 The bidder shall duly attest all corrections, cancellation and insertions. 9.4 Bidder's offers shall be with reference to section and clause numbers given in the tender schedules. 10. Earnest Money Deposit 10.1 Earnest Money Deposit payment EMD of the value of Rs 8274/-(Rupees eight thousand two hundred seventy four only) as given in Section-I of the tender (Notice Inviting Tenders) The tenders of the bidders who fail to submit the EMD before the stipulated time shall be rejected outright Refund of EMD Page 13 of 45

14 The refund of EMD to bidders who fail to qualify the eligibility/technical stage shall be initiated within 7 days of their rejection. For all bidders whose financial bids are opened, the refund of EMD except for L1 bidder shall be processed within 7 days of opening of the financial bid The EMD amount shall be forfeited in the following events: If the successful bidder fails to enter into a contract with AAI within 30 calendar days after the receipt of the work order In the event of not accepting the conditions of the contract even after agreeing to do so and submitting the letter of un-conditional acceptance of terms as per letter in Annexure-II No interest or any other expenses, whatsoever, will be payable by AAI on the EMD in any manner. 11. OVERALL EVALUATION METHODOLOGY 11.1BIDS NOT CONSIDERED FOR EVALUATION Bids those are rejected during the bid opening process shall not be considered for further evaluation, irrespective of the circumstances. 11.2Evaluation of Bids It is AAI s intent to select the Bid that is most advantageous to AAI and each Bid will be evaluated using the criteria and process outlined below: 1. AAI shall evaluate and compare the bids determined to be substantially responsive. 2. The Bidding process shall be a two-stage process Technical Bid 1. AAI will evaluate whether the bid is substantially responsive to the requirements set forth in the tender document. 2. A substantially responsive Bid is one, which confirms to the requirements, terms, conditions and specifications of the Tender without any deviation. 3. AAI s evaluation in this regard shall be final and binding on all Bidders Financial Bid 1. Based on the results of the Technical evaluation, AAI shall then proceed to open and evaluate the Financial Bid of those Bidders who qualify in the Technical evaluation. The Financial evaluation will take into account the information supplied by the Bidders in the Financial Bid (as per given format), and the same shall be evaluated in accordance with the evaluation criteria specified in the tender document. Page 14 of 45

15 2. AAI may at its sole discretion, waive any minor informality or nonconformity or irregularity in a Bid Document, which does not constitute a material deviation, provided such a waiver does not prejudice or affect the relative ranking of any Bidder. 3. The Financial Bid with the lowest price will be the highest evaluated bid, eligible for further consideration/negotiations with AAI CLARIFICATION OF BIDS To assist in the evaluation, comparison and an examination of bids, AAI may, at its sole discretion, ask the Bidder for a clarification of its bid including breakdown of rates through e-portal only. The request for clarification and the response shall be through e-portal only. If the response to the clarification is not received before the expiration of deadline prescribed in the request, AAI reserves the right to make its own reasonable assumptions at the total risk and cost of the Bidder Tender Evaluation Committee: The Tender Evaluation Committee constituted by the Competent Authority may choose to conduct technical negotiation or discussion with any or all the Bidders. The decision of the Evaluation Committee in the evaluation of the Technical and Commercial bids shall be final and binding on all the parties Any effort by a Bidder to influence the Tender Evaluation Committee s processing of Bids or award decisions may result in the rejection of the Bid ACCEPTANCE OF TENDER: IF THE TENDERER/S DELIBERATELY GIVES A WRONG INFORMATION/ WHOSE CREDENTIALS/ DOCUMENTS IN HIS/THEIR TENDERS AND THEREBY CREATE(S) CIRCUMSTANCES FOR ACCEPTANCE OF HIS/THEIR TENDER, AAI RESERVES THE RIGHT TO REJECT SUCH TENDER AT ANY STAGE, BESIDES, SHALL SUSPEND THE BUSINESS FOR ONE YEAR. IN ADDITION, EMD/PBG SHALL BE FORFEITED The authority for acceptance of tender rests with the competent authority of the AAI, who does not undertake to assign reasons for declining to consider any particular tender or tenders The successful tender/s shall be required to execute an agreement with AAI for carrying out of the work as per agreed conditions The bidders operation and proceedings in connection with the works shall at all times be conducted during the continuance of contract in accordance with the laws, ordinance, rules and regulations for the time being in force and the bidder shall further observe and comply with the bye-laws and regulations of the Govt. of India/State Govt The tenderer/s shall not increase his/their rate in case AAI Administration negotiates for reduction of rates. Such negotiations shall not amount to Page 15 of 45

16 cancellation or withdrawals of the original offer and rates originally quoted will be binding on the tenderer/s Non-compliance with any of the conditions set forth herein for Technical, Financial stages, etc is liable to result in the tender being rejected NOTIFICATION OF AWARD Notification to Bidder The Bidder whose Bid has been accepted shall be notified of the award by AAI prior to the expiration of the period of validity of the proposal, by registered letter/ by fax/ / in AAI website. The Bidder shall acknowledge in writing, the receipt of the work order and shall send his acceptance to enter into an agreement within 15 (fifteen) days from the receipt of the work order SIGNING OF AGREEMENT Pursuant to the Bidder acknowledging the work order, the Bidder and AAI shall promptly and in no event later than 15 days from the date of acknowledgement of the work order, sign the Contract AAI shall have the right and authority to negotiate certain terms with the successful Bidder before signing of the Contract. The signing of the Contract shall amount to acceptance of the Contract and the Bidder shall initiate the execution of the work as specified in the Contract. 12 Patents, Successful bidder's Liability & Compliance of Regulations 12.1 Successful bidder shall protect and fully indemnify the AAI from any claims for infringement of patents, copyright, trademark, license violation or the like Successful bidder shall also protect and fully indemnify the AAI from any claims from successful bidder's workmen/employees, their heirs, dependents, representatives etc or from any person(s) or bodies/ companies etc. for any act of commission or omission while executing the order Successful bidder shall be responsible for compliance with all requirements under the laws and shall protect and indemnify completely the AAI from any claims/penalties arising out of any infringements. 13. Correspondence 13.1 All correspondence would be directly with the bidder and correspondence through agents will not be entertained. 14. Settlement of Disputes 14.1 If a dispute of any kind whatsoever arises between the AAI and the Contractor in connection with, or arising out of the Contract or the execution of the works, whether during the execution of the Works or after their completion and whether before or after repudiation or after termination of the contract, including any Page 16 of 45

17 disagreement by either party with any action, inaction, opinion, instruction, determination, certificate or valuation of the Airport Director, AAI, Civil Airport, Bhuj or his nominee, the matter in dispute shall, in first place be referred to the Airport Director, AAI, Civil Airport, Bhuj who shall act as the conciliator on the matter. The disputes will firstly be settled by the Conciliator, failing which any party may invoke arbitration clause Unless the Contract has already been repudiated or terminated or frustrated the Contractor shall in every case, continue to proceed with the works with all due diligence and the Contractor and AAI shall give effect forthwith to every decision of the Airport Director, AAI, Civil Airport, Bhuj or his nominee unless and until the same shall be revised, as hereinafter provided, by the Conciliator or in an Arbitral Award. 15. Arbitration and Law 15.1 Except where otherwise provided for in the contract, all questions and disputes relating to the provisions of this contract shall be settled under the Rules of Indian Arbitration and Conciliation Act, 1996,or any amendment as applicable as on that date within thirty (30) days or such longer period as may be mutually agreed upon from the date that either party notifies in writing that such dispute or disagreement exists. The single Arbitrator for settlement of any dispute with regard to this contract shall be appointed by the Chairman, AAI. The venue of Arbitration shall be New Delhi, India or as mutually agreed by both the parties. The arbitration resolution shall be final and binding upon the parties and judgment may be entered thereon, upon the application of either party, by any court having jurisdiction Indian laws shall govern this contract. 16. TERMINATION FOR DEFAULT & RISK PURCHASE 16.1 AAI may, without prejudice to any other remedy for breach of contract, by written notice of default, sent to the Contractor, terminate this Contract in whole or in part in any or the following events if the Contractor fails to perform any other obligation(s) under Contract If the Contractor, in either of the above circumstances, does not remedy his failure within a period of 30 days (or such longer period as AAI may authorize in writing) after receipt of the default notice from AAI As a penalty to the Contractor the AAI shall en-cash Withheld security Deposit. The AAI in such case shall pay for the assessed value of the executed work that can be used. No payment shall be made for the efforts put in by the Contractor in case the same are of no value to AAI. The balance unfinished work of the project will be got done by fresh tendering on Contractor s risk and that extra expenditure will be recovered. 17. TERMINATION FOR INSOLVENCY 17.1 The AAI may at any time terminate the Contract by giving written notice to the firm, without compensation to the Contractor, if the Contractor becomes bankrupt or otherwise insolvent as declared by the competent court provided that such termination will not prejudice or affect any right or action or remedy which has accrued or will accrue thereafter to AAI. In the event of termination for penalty to the contractor Clause 16 above shall be applicable. Page 17 of 45

18 18. SET OFF 18.1 Any sum of money due and payable to the contractor (including security deposit refundable to him) under this contract may be appropriated by the Buyer to set off the same against any claim of the Buyer for payment of a sum of money arising out of this contract made by the Contractor with Buyer. Page 18 of 45

19 TERMS & CONDITIONS ANNEXURE-III Note: a. For stating Compliance: Write C in the third column below. b. For stating Non-Compliance: Write NC in the third column below. c. For stating Partial or Conditional Compliance: Write PC in the third column below. S. No. Requirement Statement of Compliance & Agreement 1. Standards & Proven Product 1.1 State of the art technology shall be deployed in the equipment for the system offered and all designs, materials, manufacturing techniques and workmanship shall be in accordance with the highest accepted international standards for this type of equipment. 1.2 The bidder shall also state, where applicable, the National or other International Standard(s) to which the whole, or any specific part, of the equipment or system complies. Bidder should ensure the availability of spares till the warranty period of equipment/system. Bidder has to intimate the obsolesce of spares well in advance so that AAI will keep sufficient number of spares in stock to maintain the system for warranty span of equipment/system. 1.3 The equipment/ system/ similar system having same functionalities / offered for supply should be proven product. The proof of satisfactory operation of such equipment/ system issued by the end user agency to be submitted along with tender 1.4 The offered equipment shall be currently under production and shall be under supply or shall have been supplied in last three years. Details of such supplies/installations having been carried out in the past three years shall be submitted along with the tender, clearly stating details of contact person of the user agencies (name & etc.) 2 Time/ Delivery & Installation Schedule and Part Supplies : 2.1 SITC : 30(Thirty) Days from the date of issue of work order by the supplier 2.2 The supply of goods ordered should be fully completed in not more than three part shipments within the stipulated delivery schedule. The sets supplied in each shipment should Page 19 of 45

20 be complete in all respects. 3. Liquidated Damages 3.1 In case of delay in completion of the contract, liquidated damages (L.D.) shall be 1% of the full value of uncompleted portion of work per week (part of week to be treated as one week) subject to a maximum of 10% of total contract value. If the uncompleted work, restricts the operation of complete system then LD shall be applicable to total value of contract with approval of Competent Authority. 3.2 Normally, Contract have following activities: a. Supply of equipment b. Installation and testing Delay in any stage of work shall invite L.D. according to value of the activity as defined above at AAI, if satisfied, that the works can be completed by the contractor within a reasonable time after the specified time for completion, may allow further extension of time at its discretion with or without the levy of L.D. Application for Extension of time may be made as per the format in. In the event of extension granted with levy of L.D., AAI will be entitled without prejudice to any other right or remedy available in that behalf, to recover from the contractor an agreed compensation amount 1% of the total value of the uncompleted portion of work per week or part thereof subject to a maximum of 10% of total contract value. 4. Time : The Essence of Contract 4.1 The time and date of completion of the works as contained in the supplier s proposal and as agreed to contractually after modifications, if any, shall be final and binding upon the supplier. It must be understood that the supplier has made the proposal after fully considering all such factors which may have any bearing on the time schedule of the contract, and no extension in the schedule whatsoever shall be permitted on these accounts by AAI 5. Delay & Non-Conformance 5.1 In case of time schedule including approved delay with or without levy of liquidated damages for late delivery of equipment or late completion of SITC whichever if applicable as contained in Para 2 & 3 above not being adhered to, AAI shall have the right to cancel the order wholly or in part thereof without any liability of cancellation charges and procure the goods elsewhere in which case the successful bidder shall make good the difference in the cost of goods procured elsewhere and price set forth in the order with the successful bidder. In the event of rejection of non-conforming goods, the successful bidder shall be allowed to correct the non-conformities without extension in delivery period. If successful bidder fails to do Page 20 of 45

21 so within the stipulated time, the purchaser shall have the right to take recourse to Deductions from Contract Price 6.1 All costs, damage or expenses which the AAI may have paid, for which under the contract the supplier is liable, will be claimed by the Airports Authority of India (AAI). All such claims shall be billed by the AAI to the Supplier regularly as and when they fall due. Such bill shall be supported by appropriate and certified vouchers or explanations to enable the supplier to properly identify within fifteen days of the receipt of the corresponding bills and if not paid by the supplier within said period, the AAI may then deduct the amount from any money due or becoming due to the supplier under the contract or may be recovered by actions of Law or otherwise, if the supplier fails to satisfy the AAI of such claims. 7. Right to Accept or Reject the Tenders 7.1 The right to accept the tender in full or in part/parts will rest with AAI. However, AAI does not bind itself to accept the lowest tender and reserves to itself the authority to reject any or all the tenders received without assigning any reason whatsoever. 7.2 Tenders, in which any of the particulars and prescribed information is missing or is incomplete, in any respect and/or prescribed conditions are not fulfilled, shall be considered non responsive and are liable to be rejected. 8 Termination of Contract at Purchaser s Initiative 8.1 The AAI reserves the right to terminate the contract either in part or in full due to the reasons other than specified herein. The AAI shall in such an event give 15 days notice in writing to the Supplier of their decision to do so. 8.2 The supplier upon receipt of such notice shall discontinue the work on the date to the extent specified in the notice,make all reasonable efforts to obtain cancellation of all orders and contract to the extent they are related to the terminated and terms satisfactory to the AAI, stop all further subcontracting or purchasing activity related to the work terminated, and assist the AAI in maintenance protection and disposition of the work acquires under the contract by AAI 9 Earnest Money Deposit (EMD) 9.1 Each tender must accompany the earnest money, as indicated in the eligibility criteria, Tenders not accompanied by the requisite EMD or proof of exemption from EMD shall be rejected. 9.2 The EMD of all unsuccessful bidders will be returned only after the Contract has been awarded to the successful bidder (whose EMD will be retained). 9.3 EMD shall be refunded to bidders who fail to qualify Pre- Page 21 of 45

22 qualification criteria or Technical qualification criteria immediately after Technical evaluation report is accepted. 9.4 The EMD of the successful bidder will be returned only after the successful bidder submits the performance guarantee in the prescribed Performa, as required in Para 10 of this section. 9.5 No interest or any other expenses, whatsoever, will be payable by AAI on the EMD in any manner. 10 Performance Bank Guarantee 10.1 The bidder, whose tender is accepted, shall within 30 calendar days of the issue of letter of acceptance of the bid, shall submit unqualified performance guarantee of 10% (Ten Per Cent) of the total price to AAI in the form of an irrevocable and unconditional bank guarantee on a Nationalized / Scheduled Bank, as per prescribed Performa In case successful bidder fails to submit the PBG within stipulated period, 10% of the bill amount shall be retained by AAI towards security deposit from the bill amount submitted and the same shall be released after 03 months after the completion of warranty period The Performance Guarantee shall be valid for 3 months beyond the warranty period or shall remain valid as per provisional extension granted by AAI. If the agency fails to extend the validity of the Performance Guarantee, the same shall be en-cashed by AAI with or without notice 10.4 The guarantee amount shall be payable to AAI without any condition whatsoever and the guarantee shall be irrevocable The performance guarantee shall be deemed to govern the following guarantees from the successful bidder, in addition to the other provisions of the guarantee The successful and satisfactory operation of the equipment supplied in accordance with the specifications and other relevant documents 10.7 The equipment supplied shall be free from all defects of design, material and workmanship and upon written notice from AAI, the successful bidder shall fully remedy, free of expenses to AAI, all such defects as developed under the normal use of the said equipment within the period of guarantee/warranty The performance guarantee is intended to secure the performance of the entire equipment. However, it is not to be construed as limiting the damages stipulated in any other clause The performance guarantee will be returned to the successful bidder at the end of the period of liability without interest. Page 22 of 45

23 11 Force Majeure 11.1 AAI may grant an extension of time limit set for the completion of the work in case the timely completion of the work is delayed by force majeure beyond the contractor's control, subject to what is stated in the following sub paragraphs and to the procedures detailed there in being followed. Force majeure is defined as an event of effect that cannot reasonably be anticipated such as acts of God (like earthquakes, floods, storms etc.), acts of states, the direct and indirect consequences of wars (declared or un declared), hostilities, national emergencies, civil commotions and strikes (only those which exceed a duration of ten continuous days) at successful Bidders factory. The successful bidder s right to an extension of the time limit for completion of the work in above mentioned cases is subject to the following procedures: That within 10 days after the occurrence of a case of force majeure but before the expiry of the stipulated date of completion, the bidder informs the AAI in writing that the Bidder considers himself entitled to an extension of the time limit That the Successful Bidder produces evidence of the date of occurrence and the duration of the force majeure in an adequate manner by means of documents drawn up by responsible authorities That the Successful Bidder proves that the said conditions have actually been interfered with the carrying out of the Contract That the Successful Bidder proves that the delay occurred is not due to his own action or lack of action Apart from the extension of the time limit, force majeure does not entitle the successful bidder for any relaxation or to any compensation of damage or loss suffered. 12 Arbitration and Laws 12.1 Except where otherwise provided for in the contract, all questions and disputes relating to the meeting of the specifications, designs, drawings, and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same whether arising during the progress of the work or after the completion or abandonment thereof shall be settled within thirty (30) days (or such longer period as may be mutually agreed upon) from the date that either party notifies in writing that such dispute or disagreement exists. Provided that anydispute that remains unresolved shall be settled under the Rules of Page 23 of 45

24 Indian Arbitration and Conciliation Act, 1996, The venue of Arbitration shall be New Delhi, India. The arbitration award shall be final and binding upon the parties and judgment may be entered thereon, upon the application of either party, by any court having jurisdiction 12.2 Indian laws shall govern this contract 13 Price: In case of E-Tender, follow the instructions available on E-tender Portal Note: This is the most important part of procurement process and needs to be defined very clearly in the tender document The bidder shall confirm that quoted prices shall be firm and fixed and subject to no escalation whatsoever till the validity period of the tender 13.2 The supplier shall quote the prices up to Door Delivery basis 13.3 The rates shall be entered in figures as well as in words. For the purpose of the tender, the metric system of units shall be used. In the event of any discrepancy, the unit price quoted in words will be taken as the correct basis. In case of E-Tender, follow the instructions available on E- Portal 13.4 In case of item rate tender, only rates quoted shall be considered. Bidder shall quote the rates in figures as well as in words (In English language only). The rates quoted in figures shall be in International numerals and whole numbers. The amount for each item shall be worked out and the all requisite totals given. Special care shall be taken to write rates in figures as well as in words, and the amounts in figures only. The Total Amount shall be written both in figures and in words. In case of E-Tender, follow the instructions available on E-Portal The rates should include patent rights, if any 13.6 That if on checks there are differences between the rates given by the contractor in words and figures or in amount worked out by him, the following procedures should be followed : i. When there is a difference between the rates in figures and in words, the rates which correspond to the amounts worked out by the contractor, should be taken as correct. ii. When the amount of an item is not worked out by the contractor or it does not correspond with the rates written either in figures or in words, then the rate quoted by the contractor in words should be taken as correct iii. When the rate quoted by the contractor in figures and in words tallies but the amount is not worked out correctly, the rate quoted by the contractor should be taken as correct and not the amount Page 24 of 45