Pawan Hans Ltd (A Govt. of India Enterprise)

Transcription

1 Pawan Hans Ltd (A Govt. of India Enterprise) TENDER NO: PHL/CO/MKT/4817/83 FOR APPOINTMENT OF GENERAL SALES AGENT ( GSA ) FOR CHARTER OF PAWAN HANS HELICOPTERS ON WET LEASE Pawan Hans Tower, C-14, Sector-1, NOIDA, Uttar Pradesh India Phone: ; Fax:

2 INDEX Sr. No. Contents Annexure Page No. 1 Notice Inviting Tender A Instructions to Bidders B Technical Bid Information C 10 4 Technical Eligibility Criteria D Financial Bid E 14 6 Preparation of Bid F Instructions for E-Tendering G 21 8 Compliance to Bid H 22 9 Bid Forwarding Letter I Details of Similar Experience J Check List K Integrity Pact L PHL Charter Rates M

3 Annexure - A PAWAN HANS LIMITED NOTICE INVITING TENDERS APPOINTMENT OF GENERAL SALES AGENT FOR PAWAN HANS 1. Pawan Hans Limited, a company constituted under the Indian Companies Act 1956, with its registered office at Safdarjung Airport, New Delhi , India, operates as PAWAN HANS (hereinafter called the Employer or Pawan Hans ) as a National Helicopter Operator. The Employer operates helicopters within India, and has major operations & maintenance bases at Mumbai, New Delhi, Chennai & Kolkata. The Employer is interested in appointing one General Sales Agent (GSA) with offices at Delhi, Mumbai, Chennai and Kolkata. 2. The scope of the work (hereinafter referred to as Works ) for the GSA shall be as detailed under the Bid documents. 3. The bidders (hereinafter referred to as Bidders/Applicants ) who have experience in similar Works and have established organization for taking up such Works and who satisfy the qualification criteria of Bid Documents, need only apply. 4. The Employer invites bids through e-tender in Single stage under two bid system i.e. the Technical and Financial Bid. The bidding process shall involve the opening of the General Information and Eligibility Criteria (collectively referred to as Technical Bid ) and thereafter opening of the Selection criteria (referred to as Financial Bid ). For the bid submission purposes, the Bidders shall ensure that each of the aforesaid bids should be submitted through e-portal as per details provided at Instructions to Bidders for e-tendering. 5. All relevant supporting documents attached with the said bids should be duly signed by the Bidder. In case the bids are not accompanied by any or all supporting documents, the bid shall be liable to be rejected. 6. Tender schedule and brief details are as follows : Bid Document No. Mode of tendering/submission of Bid Availability of Tender document Pre Bid Meeting Due date and time for submission of Bids PHL/CO/MKT/4817/83 Through e-tender (https. (Physical Bids will not be accepted) From 1 st October, Hours on 9 th October, 2015 at PHL, Corporate Office, C-14, Sector-1, Noida (Uttar Pradesh) Upto 1500 hours on 30 th October,

4 Date and time for opening of Un-Priced bid (Technical Bid) Date and time for opening of Priced bid ( Financial Bid) Tender Fee Tender processing Fee Contract Period Bid Validity Upto 1530 hours on 30 th October, 2015 To be notified to shortlisted bidders separately. Rs.5000/- to be paid through NEFT in favour of Pawan Hans Ltd. as details mentioned under Para-7 below. As per Instructions to bidders to E-Tendering attached at Annexure-G One year extendable for another one year with same rates, terms and conditions subject to satisfactory performance of GSA. 60 days from the date of opening of Technical Bid 7. A complete set of bidding documents are available online on the website of Pawan Hans at All bidders must deposit Earnest Money Deposit of Rs.10,00,000/- (Rupees Ten Lakhs only) through NEFT in Pawan Hans accounts as per following details failing which the Bid will be summarily rejected. Bidders should attach the scanned copy of NEFT confirmation in the Technical Bid. Unsuccessful Bidder's EMD will be discharged and/or returned. EMD of the successful bidder will be retained by the employer towards Performance Security for entire validity period of empanelment. No interest will be paid on performance security. Name of Account : Pawan Hans Limited Banker's Name ; Punjab National Bank Branch Address: C-14, Sector-1, Noida (UP ) Current Account No. : RTGS/NEFT/IFS CODE: PUNB EMD shall be forfeited as pre-estimated damages, without prejudice to any other right or remedy that may be available to Pawan Hans under the bid document or the contract or otherwise, under any of the following conditions: a) If the tender is withdrawn during the validity period or any extension thereof. b) If the tender is varied or modified in a manner not acceptable to Pawan Hans during the validity or extension of the validity duly agreed by the bidder or after issue of LOI by Pawan Hans and prior to signing of contract. c) If the successful bidder is seeking modifications to the agreed terms and conditions after issue of LOI. d) Bidder is required to furnish the complete and correct information / documents required for evaluation of their bids. If the information / documents forming basis of evaluation or any other financial documents is found to be false / forged, the same shall be considered adequate ground for rejection of the Bids and forfeiture of Bid Bond. e) In case, the information / document furnished by the bidder/party forming basis of evaluation of his bid is found to be false /forged after the award of the contract, 4

5 Pawan Hans shall have full right to terminate the contract and get the remaining job executed at the risk & cost of such bidder/party without any prejudice to other rights available to Pawan Hans under the contract such as forfeiture of Bid Bond, withholding of payment etc. f) In case this issue of submission of false document comes to the notice after execution of work, Pawan Hans shall have full right to forfeit any amount due to the Bidder/Party along with forfeiture of Bid Bond furnished by the bidder. g) Further, such bidder/party shall be blacklisted for future business with Pawan Hans. h) In case after price bid opening the selected bidder, is not awarded the job for any mistake committed by him in bidding or withdrawal of bid or varying any term in regard thereof leading to retendering, Pawan Hans shall forfeit Bid Bond paid by the bidder and such bidders shall be debarred from participation in future business with Pawan Hans. 9. Performance Security In the event of GSA failure to meet the contractual obligations, PHL will be at liberty to terminate the contract with a notice of three months and forfeiture of Performance Security. 10. A Pre-bid conference is scheduled on 9 th October, 2015 at 1100 HRS. IST at Pawan Hans, Corporate Office, C-14, Sector-1, Noida (UP) All queries of Bidders will be clarified therein and all tender terms and conditions will be frozen in the prebid conference. In case bidders have any queries, they may forward the same to PHL at the given address mentioned above latest by 7 th October, The Technical Bids will be opened in the presence of the Committee of Pawan Hans appointed by competent authority. 12. The Financial Bids of only those bidders who fulfill all the Technical bid criteria will be opened. 13. The Employer reserves the right to accept or reject any bid without assigning any reason whatsoever and to annul the bidding process and reject all bids, at any time prior to award of Contract, without thereby incurring any liability to the affected bidder or bidders or any obligation to inform the affected bidder or bidders of the grounds for the Employer s action. 14. The Employer has the right to amend and/or re-issue the bid document without the applicant(s)/bidder(s) having any right to object to such reissue. 15. Bidders may obtain any further information/clarification regarding the tender from Incharge (Marketing), C-14, Sector-1, Noida (Telephone , fax

6 16. The Employer shall endeavour to provide clarifications and such further information as it may, in its sole discretion, considered appropriate for facilitating a fair, transparent and competitive bidding process. However, the Employer reserves the right not to respond to any question or provide any clarification, in its sole discretion, and nothing contained herein shall be taken or read as compelling or requiring the Employer to respond to any question or to provide any clarification. Incharge (Marketing), C-14, Sector-1, Noida Telephone , Fax E.mail : incharge.mktg@pawanhans.co.in Date : 1 st October,

7 Annexure - B Pawan Hans Limited INSTRUCTIONS TO BIDDERS General Scope of Works: Pawan Hans desires to appoint General Sales Agent having offices in Delhi, Mumbai, Chennai & Kolkata for deployment of Pawan Hans helicopters with 3 rd Party on short term charter (upto 03 months) basis. Details of helicopters available for charters are as follows: Bell 206L4 Bell 407 AS 350B3 Dauphin SA 365N 02 Nos. 02 Nos. 02 Nos. 02 Nos. GSA may deploy the helicopters for short terms charters at PHL rates attached at Annexure- M. These rates are applicable upto 20 hrs per month of utilisation by selected GSA. GSA will be entitled to a discount of 5% in standard hourly rates of PHL for hrs utilized above 20 hrs in a month. The contract period of appointment of GSA is one year extendable for another one year with same rates, terms and conditions subject to satisfactory performance of GSA. This Notice Inviting Tender is to appoint one General Sales Agent for utilizing his services for deploying Pawan Hans Helicopters on short term charter basis (upto 03 months) with 3 rd Party in India for operations as per DGCA regulations and other applicable State laws. Agent should essentially have offices at the Delhi, Mumbai, Kolkata & Chennai Region(s) for appointment. 7

8 General Terms and conditions 1. The Agent shall be liable to comply with all rules and regulations of DGCA, India, local laws and other regulations, which are in vogue or will become applicable in future. 2. No arms are permitted to be carried on board in civil operations as per DGCA regulations in India. Operations will be carried out by the charterers as per Civil Aviation Regulations and local laws. 3. Permission for landing/ takeoff at any place other than a functional Airport, if required, is to be obtained from Dist. Magistrate/SSP/local authorities by Agent. Agent is also required to provide mandatory facilities at landing areas other than airports i.e at helipads as per DGCA rules & regulation such as passenger facilitation, medical/ambulance, firefighting, windsock/smoke candle, helipad with H marked etc and permission for landing at the respective helipads fro State authorities/dgca. 4. The arrangement for the safety/ security of the helicopter at locations other than Airports through local administration is also required to be done by Agent. Further, positioning of fuel (ATF) at the designated place, if required, will be done by Agent at its cost. 5. All Airport charges (landing, parking, navigation, RNFC etc), handling charges, flight planning etc as applicable will be borne by Agent. Ground handling related arrangement/ payment to respective agencies at airport(s) as applicable to be made by Agent. 6. The Agent shall be responsible for proper maintenance of all Registers, Records and Accounts so far as these relate to the compliance or any statutory provisions/ obligations as per the Central and State Government laws and provisions in force. The agent shall be responsible for maintaining record pertaining to the aforesaid Act. 7. The helicopter will be provided by Pawan Hans to the Agent, if available at the time of the requirement and subject to weather, clearances from Regulatory authorities. 8. Full advance payment plus 10% extra based on expected hourly flying and number of days helicopter hired is to be deposited. The advance payment should be made by RTGS only in favour of Pawan Hans Limited, payable at Delhi. However, the final billing will be done after the commitment based on actual flying/number of days hired and balance amount, if any, shall be refunded/payable. 8

9 Cancellation Policy The following policy for cancellation of booking of helicopter charter shall be followed and the amount of full refund/partial refund, as the case may be, shall be returned to the agent. S.No Time of Cancellation Amount of Refund a. More than 48 hrs. prior to the departure schedule of Helicopter from main base Full Refund b hrs. No Refund c. Cancellation due to weather If flight cancelled due to bad weather, the hours flown and other operational expenditure will be charged. e. Booking cancelled by Operator Full advance refund. f. No Show by Charter Agency No Refund. Eligibility Criteria Bidders/applicants should fulfill all eligibility criteria in order for their applications/bids to be processed further. The bidders/applicants should provide the information/documents under the respective fields at Annexure-C & D. The documents of applicants/bidders, who do not fulfill even one of the eligibility criteria listed below, shall be rejected. For determining the eligibility of applicants for their pre-qualification hereunder, the following shall apply: The applicant should be a single entity and should either be a company or a partnership firm. However, no applicant applying individually can be member with another applicant. The applicant entity should be a aircraft operator or a company registered as air charter agency or as tour operator registered with IATA or as travel agent registered with TAAI with 03 (three) years of experience in aircraft operations/ handling air charters in civil aviation in India and should have handled at least five air charters in last 03 years. The applicant should not have been in loss for the last 3 (three) consecutive years. (Attach audited financial statements along with the auditor s report for the past 3 years). The annual average turnover of the applicant should be at least Rs.5.00 crores for last three years ( , & ). The applicant should not have been into any kind of legal dispute or arbitration in the past five years. 9

10 Technical Bid Bid Document Annexure - C Technical Bids Each applicant/bidder shall provide the following information/details/document pertaining to the following particulars: Basic mandatory information: Technical Bid Sr. No. Details 1. Name of the organization 2. What is the principal business of your Organization? 3. Names of your Directors/Partners with addresses and contact details. 4. Full address of your organization along with the contact details of the person submitting the bid on behalf of your organization ( ID, alternate ID, telephone numbers, mobile phone number) 5. Date of establishment of your organization 6. Is your organization owned by any other Organization? Give the name of the owners of your organization. 7. Have any partners, officers/ directors/ employers having authorization to act and sign on behalf of your organization, been involved in Bankruptcy proceedings? If yes, are they now legally and fully discharged of their obligations by the court involved? 8. Attach photographs of the exterior and interior of your office. 9. Please advise your estimate of the total annual sales potential for the India market for your territory. 10. Provide the details of your bank account, your bankers and their addresses 11. Validity of Bid 60 days from the date of opening of Technical Bid. Signature of the Applicant 10

11 Technical Eligibility Criteria Annexure - D S.No. Description Details Evidence Attached 1. Type of the Firm/Company : (A): Pvt. Ltd./Public Limited/ PSU/ Operator (B):Proprietorship/Partnership/Cooperative Unit (C) Other (YES/NO) 2. Date of Establishment of Firm 3. Whether bidders is: A. Aircraft Operator B. Air Charter Agency C. Tour Operator D. Travel Agent 4. Address of Bidder s Offices in : (A) Delhi (B) Mumbai (C) Chennai (D) Kolkata 5. Details of NSOP (if applicable) 6. Details of Registration as Air Charter Agency (if applicable) 7. Details of Membership of IATA / TAAI (if applicable) 8. Total Experience in no of years in air chartering as aircraft operator/ air charterer or Travel & Tour Operators 11

12 9. Details of experience in aircraft operations/ handling air charters in civil aviation in India and should have handled at least five air charters in last 03 years as per Annexure J. 10. Whether bidder has been in loss during the three consecutive years? 11. Audited Annual Average Turnover only from for last three years: Whether bidders have been into any kind of legal dispute or arbitration in the past five years? 13. Total Firms Strength AS ON 31/8/ Previous Work Experience. 15. Registration with various State Govt. departments/authorities: (A): Service Tax Registration No. ( B) PAN/GIR NO. (C ) Income Tax Clearance Certificate 16. Performance cum Experience Certificate from established Private Firms/ PSU/Govt. Deptt./ MNC 17. Availability of Machines and Equipments : (A): PCs (Specify the number) (B):Printers (Specify in number) 18. Acceptance to PHL Terms & Conditions of this NIT. 19. Remittance of EMD in required mode of Rs.10,00,000 as per Tender Offer 20. Organization Chart of the Bidder showing delegated authority i.e. Channel of 12

13 Reporting showing Name & Contact Mobile & Landline Nos. & IDs of Key Personnel such as Owner/ MD/ Directors/ CEO/ GMs/ Heads of Travel/ Finance etc. 21. Integrity Pact signed is attached 13

14 Annexure - E Financial Bid Name of the applicant: Dated: Selection Criteria ( Financial Bid ) : Please note: The financial bid of only those applicants shall be considered who meet all the eligibility criteria. The applicant who quotes the Highest Premium in percentage as per Financial Proforma shall be eligible for award of contract as General Sales Agent. Bidder quoting Highest Premium in percentage on PHL charter rates will be shortlisted as authorized General Sales Agent of PHL for deployment of PHL helicopters. Premium in % (percentage) offered by Bidder Signature of the applicant 14

15 Preparation of Bids Annexure-F 1. Language of Bid The bid, and all correspondence and documents related to the bid exchanged by the applicant/bidder and the Employer shall be written in the English language. Supporting documents and printed literature furnished by the applicant/bidder may be in another language provided they are accompanied by an authenticated translation of the relevant passages in the above stated language, in which case, for purposes of interpretation of the bid, the English translation shall prevail. 2. Documents Comprising the Bid The bids should be submitted as in two parts, which comprise the following documents: Part-I Technical Bid i) Earnest money deposit (EMD) for an amount of Rs.10,00,000/- as specified in the Invitation for Bids (IFB) and in the form specified. ii) The basic mandatory information and eligibility criteria (technical bid) with all necessary supporting documents/ material / information required to be submitted in accordance with the technical bid. Part-II Financial Bid Bidder/Agent quoted the Higher Premium as mentioned in the selection criteria (Financial Bid) above may become Highest (H1) bidder. 3. Deadline for Submission of Bids The Employer may, at his discretion, extend the deadline for submission of bids by issuing an amendment, in which case all rights and obligations of the Employer and the applicants/bidders previously subject to the original deadline will thereafter be subject to the deadline as extended. 4. Employer s Right to accept any Bid and Reject any or All Bids The applicant/bidder who is qualified and selected by the Employer in accordance with the Bid Documents shall enter into a definitive agreement with the Employer at time of award of the contract. Notwithstanding anything stated above or elsewhere in the Bid Documents, the Employer reserves the right to accept or reject any bid and to annul the bidding process and reject all bids, at any time prior to award of contract, without either Employer thereby incurring any liability to the affected bidder or bidders or any obligation to inform the affected bidder or bidders of the grounds for the Employer s action. 15

16 5. No applicant/bidder shall submit more than one bid (technical and financial bid) for the purposes herein contained. 6. The applicants/bidders shall be responsible for all the costs associated with the preparation of their bids and their participation in the e.bidding process. The Employer will not be responsible or in any way liable for such costs, regardless of the conduct or outcome of the bidding process. 7. It shall be deemed that by submitting the bid, the applicant/bidder has: (a) made a complete and careful examination of the bid document; (b) received all relevant information requested from the Employer; (c) accepted the risk of inadequacy, error or mistake in the information provided in the bid document or furnished by or on behalf of the Employer; and (d) agreed to be bound by the undertakings provided by it under and in terms hereof. 9. The Employer 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 document and/or the bidding process, including any error or mistake therein or in any information or data given by the Employer. 10. The applicant / bidder shall provide all the information sought under this tender document. The Employer will evaluate only those bids that are received in the required formats and complete in all respects. Incomplete and / or conditional bids shall be liable to rejection. 11. The applicant / bidder may modify, substitute or withdraw its bid after submission, provided that written notice of the modification, substitution or withdrawal is received by the Employer prior to last date of submission of bid. No bid shall be modified, substituted or withdrawn by the applicant / bidder on or after the last date of submission of bid. 12. Any alteration / modification in the bid or additional information supplied subsequent to the last date of submission of bid, unless the same has been expressly sought for by the Employer, shall be disregarded. 13. Applicants/bidders are advised that pre-qualification of applicants will be entirely at the discretion of the Employer. Applicants will be deemed to have understood and agreed that no explanation or justification on any aspect of the bidding process or selection will be given by the Employer. 14. Any information contained in the bid submitted by the applicant(s) shall not in any way be construed as binding on the Employer, its Agent, successors or assigns, but shall be binding against the applicant(s) if any contract is subsequently awarded to it under the bidding process on the basis of such information. 15. The Employer reserves the right not to proceed with the bidding / tender process at any time without notice or liability and to reject any or all applications/bid(s) without assigning any reasons whatsoever. 16. All documents and other information supplied by the Employer or submitted by any applicant / bidder pursuant to this tender document shall remain or become the property of the Employer. Applicants / bidders are to treat all information as strictly 16

17 confidential and shall not use it for any purpose other than for preparation and submission of their bids. The Employer will not return any bid or any information provided along therewith. 17. The Employer reserves the right to reject any bid or offer and appropriate the EMD (as defined above) if: (a) at any time a material misrepresentation is made or uncovered, or (b) any ambiguity, non-clarity and/or apparent mistake is/are determined by the Employer. Such misrepresentation/improper response shall lead to the disqualification of the applicant / bidder. 18. In the event of default or breach of any condition of the contract by the successful bidder, the Pawan Hans, as the case may be, reserves the right to cancel the services and to claim damages from the successful bidder, and also reserves the right to award the contract to another party at the cost and risk of the successful bidder. 19. Save and except as provided in this tender document, the Employer shall not entertain any correspondence with any applicant / bidder in relation to the acceptance or rejection of any bid. 20. Price negotiation: It is not the norm for Pawan Hans to carry out price negotiations following evaluation of the Financial Bid. The applicants / bidders are therefore advised to submit their best quotes in response to the bid document. Pawan Hans however, reserves the right to carry out negotiations in exceptional cases with the highest bidder (H1 bidder). 21. Validity of prices: The Premium offered should remain firm till completion of the contract. No request for reduction in Premium shall be entertained during the subsistence of the contract. 22. Litigation History The applicant/bidder should provide accurate information about any litigation or arbitration resulting from contracts completed or ongoing under its execution over the last three years. A consistent history of awards against the applicant/bidder or any partner of a joint venture will result in rejection of the application. Suppression of any information or material in this regard would be construed as a fundamental breach and Pawan Hans reserves its right to take appropriate action including cancellation of the bid, forfeiting of bid security etc., as may be deemed fit and proper by Employer at any time without requiring giving any notice to the applicant in this regard. 23. Disqualification Even though the applicants meet the above criteria, they are subject to be disqualified if the applicant or any of its constituent partners/members have: i. made misleading or false representation in the forms, statements, and attachments 17

18 submitted; or - records of poor performance during the last 5 years, as on the date of application such as abandoning the work, rescinding of contract for which the reasons are attributable to the non-performance of the contractor, inordinate delays in completion, consistent history of litigation / arbitration awarded against the applicant or any of its constituents or financial failure due to bankruptcy etc. ii. been debarred by Pawan Hans as on the date of application. 24. One Bid per Bidder No applicant/bidder shall submit more than one application/bid for the tender. An applicant/bidder shall not be entitled to submit another application/bid. If an applicant/bidder submits or participates in more than one application/bid, all applications/bids of which it is a part would be summarily rejected. 25. Cost of Bidding The bidder shall bear all costs associated with the preparation and submission of his bid and the Employer will in no case be responsible or liable for those costs. 26. Amendment of Bidding Documents At any time prior to the deadline for submission of bids, the Employer may, for any reason, whether at his own initiative or in response to a clarification requested by a prospective applicant/bidder, amend the bidding documents by issuing Addendum. Any Addendum thus issued shall be part of the bidding documents will be hosted on Pawan Hans website. Advertisement in all the countries from where the bids are invited will be released in the newspapers. To afford prospective applicants/bidders reasonable time in which to take an Addendum into account in preparing their bids, the Employer may extend as necessary the deadline for submission of bids. 18

19 27. Corrupt or Fraudulent Practices The Employer will reject a proposal for award if he determines that the bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question. The Employer will declare the firm ineligible, either indefinitely or for a stated period of time, to be awarded a contract by Pawan Hans Limited if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for the contract, or during execution. Pawan Hans may also declare a bidder ineligible either indefinitely or for a stated period of time, to be awarded a contract by Pawan Hans if it at any time determines that the bidder has engaged in corrupt or fraudulent practices in competing for the contract, or during execution, or has violated any of the terms of the tender process being conducted under this Bid Document. (a) corrupt practice means behavior on the part of officials in the public or private sectors by which they improperly and unlawfully enrich themselves and/or those close to them, or induce other to do so, by misusing the position in which they are placed, and it includes the offering, giving, receiving, or soliciting of anything of value to influence the action of any such official in the procurement process or in contract execution; and (b) fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Employer or Pawan Hans, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial nonresponsive levels and to deprive the Employer or Pawan Hans of the benefits of free and open competition. 28. Conciliation/Arbitration 28.1 If any dispute(s) or difference(s) of any kind whatsoever arise between the Contractor and PHL, both the Parties hereto shall negotiate with a view to its amicable resolution and settlement through a committee appointed by CMD, PHL In the event, no amicable resolution or settlement is reached between the parties within 15 days after receipt of notice by one party, then the disputes or differences are detailed above shall be referred to and settled by the Sole Arbitrator to be appointed by CMD( PHL) Notwithstanding the existence or any dispute or differences and/or reference for the arbitration, the Contractor shall proceed with and continue without hindrance the performance of the work under the contract with due diligence and expedition in a professional manner and the payment due to the Contractor shall not be withheld on account of such difference of arbitration proceedings unless such payment is a subject matter of the arbitration The arbitration proceedings shall be in accordance with the prevailing Arbitration and Conciliation Act, 1996 and laws of India as amended or enacted from time to time The venue of the arbitration shall be New Delhi, India. The fee and other charges of Arbitrator shall be determined by the arbitrator in terms of the Act and shall be shared equally between the parties. 19

20 28.6 The Arbitrator will given the speaking and the reasoned Award. The parties will not be entitled to any pendente-lite interest during arbitration proceedings. 29. Applicable law and Jurisdiction All matters connected with this shall be governed by the Indian law both substantive and procedural, for the time being in force and shall be subject to the exclusive jurisdiction of Indian Courts at Delhi, in view of the fact that PHL Registered Office located in New Delhi. 30. Force Majeure 30.1 In the event of either party being rendered unable by Force Majeure to perform any obligation required to be performed by them under the contract, the relative obligation of the party affected by such Force Majeure shall be suspended for the period during which such cause lasts The term Force Majeure as employed herein shall means acts of God, War, Civil, Riots, Fire directly affecting the performance of the Contract, Floor and Acts and Regulations of respective government of the two parties, namely PHL and the Contractor Upon the occurrence of such cause and upon its termination, the party alleging that it has been rendered unable as aforesaid thereby, shall notify the other party in writing, the beginning of the cause amounting to Force Majeure as also the ending of the said clause by giving notice to the other party within 72 hours of the ending of the cause respectively. If deliveries are suspended by Force Majeure conditions lasting for more than 2 (two) months. PHL shall have the option of canceling this contract in whole or part at his discretion without any liability at his part Time for performance of the relative obligation suspended by Force Majeure shall then stand extended by the period for which such cause lasts. 31. No alternative offer shall be considered. 32. Joint Ventures/ Consortium Bid shall not be allowed including cartel of whatsoever nature and tendering of bids by the member of a same family of a Contractors having blood relations, not admissible and eligible to quote. 33. In house works / self Certification of works shall not be accepted. 20

21 INSTRUCTION TO BIDDERS FOR E-TENDERING Annexure-G The bidders interested in this tender may send their bid through online e-tendering process. All details pertaining to the tender and guidelines for e-tendering are available on the website Interested contractors need to register themselves on the e- tendering website to get the USER ID and PASSWORD from M/s ITI Limited, B-1/5A, JANAK PURI, NEAR AMARLEELA HOSPITAL, NEW DELHI by paying required fee and completing the steps specified on above referred website. In case of any clarification vendors may visit our website FOR GENERAL INFORMATION CONTACT ADDRESS :- In-charge (Marketing), Pawan Hans Limited C-14, SECTOR-1, NOIDA, (U.P.) PIN CODE : , INDIA Telephone No.: +91 (0120) , incharge.mktg@pawanhans.co.in SPECIAL NOTE: THE BID HAS TO BE SUBMITTED ON-LINE AT THE DATE OF SUBMISSION OF ON-LINE BID AND DATE OF OPENING OF BID WILL BE AS PER TENDER NOTICE. Requirements of Vendors : 1. P.C. connected with internet. 2. Registration with portal and submission of documents necessary to ITI Ltd. before e-tender. Applicable fees i.e. INR Service Tax (14%) need to be paid for Registration. 3. Class-III digital certificate in the name of the Company of the vendor is mandatory (in the name of the Company who will be submitting the EMD & General Information). This may be obtained from any of the certifying authorities. Bids will not be recorded without Digital Signature. 4. To participate in tender, Bidders need to pay Tender Processing Fee of INR Service Tax (14%) (in addition to Registration Fees as indicated at Point 2 above. Note: Please check the digital certificate. For more details bidders may visit e-tendering portal and download the help manuals uploaded in the website. Tenders shall be issued to the eligible contractors who fulfill the criteria of eligibility and should have Class-III Digital Signature and registration with service provider M/s ITI Limited, B-1/5A, JANAK PURI, NEAR AMARLEELA HOSPITAL, NEW DELHI Contact Person:- Mr. Nikhil : Cell No. (0091) Help Desk No. : (0091) Fax : (0091) etenderwizardhelpdesk@gmail.com ; twhelpdesk673@gmail.com TERMS & CONDITIONS AT THE TIME OF RUNNING THE EVENT IS FINAL. All the bids will have to be mandatorily submitted with digital certificate otherwise the same will not be considered. 21

22 ANNEXURE - H COMPLIANCE TO BID REQUIRMENT We hereby agree to fully comply with, abide by and accept without variation, deviation or reservation, all technical, commercial and other conditions, whatsoever of the bidding documents and Corrigendum to the bidding documents, if any for the subject work issued by Pawan Hans Limited. We hereby further confirm that any terms and conditions, if mentioned in our bid (Technical Bid) shall not be recognized and shall be read as null and void. Signatures of authorized person Name Designation Seal 22

23 ANNEXURE - I Bid Forwarding Letter TO, Incharge (Marketing) Pawan Hans Limited Noida Our ref. No. date BIDDING DOCUMENT NO. TENDER NO. PHL/CO/MKT/4817/ NAME OF WORK: APPOINTMENT OF GENERAL SALES AGENT ( GSA ) FOR CHARTER OF PAWAN HANS HELICOPTERS ON WET LEASE Please find enclosed herewith our offer in line with requirement of PHL bidding document. We confirm that: 1. Offer is in complete compliance with technical as well as commercial requirements of bidding document and there is no technical or commercial deviation in the offer. 2. We understand that any technical or commercial deviation in the offer shall render out offer liable for rejection. 3. We have enclosed following with the offer: (A): TECHNO-COMMERCIAL /UN-PRICE OFFER (PART-I) : (I) EARNEST MONEY (II) ANNEXURE-C & D (III) CHECK LIST 4. The validity of the offer shall be upto 60 days from the date of submission of the Bid. Signatures of authorized person Name Designation Seal ENCL : AS ABOVE. 23

24 ANNEXURE- J DETAILS OF SIMILAR EXPERIENCE DURING LAST 3 YEARS SL. NO DESCRIPTION OF WORK POSTAL CONTRACT ADDRESS VALUE OF CLIENT & NAME OF OFFICER INCHARGE AND CONTACT NO. STARTING SCHEDULE DATE COMPLE- TION DATE ACTUAL COMPLE- TION DATE WHETHER RE- COPY OF MARKS CONTRACT /COMPL. CERTIFICATE SUBMITTED Signatures of authorized person Name Designation NB: USE EXTRA SHEET FOR ABOVE. Seal 24

25 ANNEXURE - K CHECK LIST FOR SUBMISSION OF BID Bidder is requested to fill this check list and ensure that all details/documents have been furnished as called for in the bidding document along with duly filled in signed and stamped checklist with each copy of the techno-commercial bid HEADS OF CHECK LIST ITEMS PLS. TICK & ENSURE COMPLANCE & CONFIRM(YES/NO) BID FORWARDING LETTER AS PER ANNEXURE -I SUBMITTED : YES/NO INFORMATION ABOUT BIDDER AS PER ANNEXURE : C & D ALONG WITH SUPPORTING DOCUMENTS SUBMITTED ; YES/NO EARNEST MONEY DEPOSIT: Details of EMD : SUBMITTED ; EXPERIENCE AS PER ANNEXURE B YES/NO YES/NO POWER OF ATTORNEY IN FAVOUR OF THE PERSON WHO HAS SIGNED THE BID ON STAMP PAPER OF APPRORIATE VALUE OR AUTHORISATION FORM THE DIECTOR OF THE FIRM SUBMITTED : YES/NO MEMORANDUM AND ARITICLE OF ASSOCIATION IN CASE OF LTD. COMPANY/ PARTNERSHIP /TRUST DEED/AGREEMENT IN CASE OF COOP/NGO SUBMITTED ; YES/NO COMPLIANCE TO BID REQUIRMENT AS PER 25

26 ANNEXUE H SUBMITTED ; ALL PAGES OF THE BID HAVE BEEN NUMBERED IN SEQUENTIAL ORDER YES/NO YES/NO Signatures of authorized person Name Designation Seal 26

27 Annexure-L INTEGRITY PACT Between Pawan Hans Ltd. (PHL) hereinafter referred to as The Principal, and hereinafter referred to as The Bidder/ Contractor PREAMBLE The Principal intends to award, under laid down organizational procedures, contract(s) for. The Principal values full compliance with all relevant laws of the land, rules, regulations, economic use of resources and of fairness/transparency in its relations with its Bidder(s) and/or Contractor(s). In order to achieve these goals, the Principal will appoint an Independent External Monitor (IEM), who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above. Section 1 Commitments of the Principal 1. The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles:- a. No employee of the Principal, personally or through family members, will in connection with the tender for, or the execution of a contract, demand, take a promise for or accept, for self or third person, any material or immaterial benefit which the person is not legally entitled to. The word take shall also include the past and future. b. The Principal will, during the tender process treat all Bidder(s) with equity and reason. The Principal will in particular, before and during the tender process, provide to all Bidder(s) the same information and will not provide to any Bidder(s) confidential/additional information through which the Bidder(s) could obtain an advantage in relation to the tender process or the contract execution. c. The Principal will exclude from the process all known prejudiced persons and persons who would be known to have a connection or nexus with the prospective bidder. 27

28 2. If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the IPC/PC Act or the conduct rules of the Principal, or if there be a substantive suspicion in this regard, the Principal will inform the Chief Vigilance Officer and in addition can initiate disciplinary actions. Section 2 Commitments of the Bidder(s)/ contractor(s) 1. The Bidder(s)/ Contractor(s) commit themselves to take all measures necessary to prevent corruption in their dealings with PHL. He commits himself to observe the following principles during his participation in the tender process and during the contract execution. a. The Bidder(s)/ Contractor(s) will not, directly or through any other person or firm, offer, promise or give to any of the Principal s employees involved in the tender process or the execution of the contract or to any third person any material or other benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract. b. The Bidder(s)/Contractor(s) will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or nonsubmission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process. c. The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act; further the Bidder(s)/ Contractor(s) will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically. d. The Bidder(s)/Contractors(s) of foreign origin shall disclose the name and address of the Agents/representatives in India, if any. Similarly the Bidder(s)/Contractors(s) of Indian Nationality shall furnish the name and address of the foreign principals, if any. Further details as mentioned in the Guidelines on Indian Agents of Foreign Suppliers shall be disclosed by the Bidder(s)/Contractor(s).Further, as mentioned in the Guidelines all the payments made to the Indian agent/representative have to be in Indian Rupees only. Copy of the Guidelines on Indian Agents of Foreign Suppliers is placed at (Page nos. 7-8) e. The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and all payments he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract. f. This integrity pact shall override the confidentiality clause, if any, in the offer submitted by the Contractor/Bidder and in the agreement entered into by the Principal with the Contractor/Bidder. 2. The Bidder(s)/Contractor(s) will not instigate third persons to commit offences or acts outlined above or be an accessory to such offences. Section 3 - Disqualification from tender process and exclusion from future contracts 28

29 If the Bidder(s)/Contractor(s), before award or during execution has committed a transgression through a violation of Section 2, above or in any other form such as to put his reliability or credibility in question, the Principal is entitled to disqualify the Bidder(s)/Contractor(s) from the tender process or take action as per the procedure mentioned in the Guidelines on Banning of business dealings. Copy of the Guidelines on Banning of business dealings is placed at Page nos

30 Section 4 Compensation for Damages 1. If the Principal has disqualified the Bidder(s) from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover the damages equivalent to Earnest Money Deposit/Bid Security and other actual damages due to the consequential delay. 2. If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor liquidated damages of the Contract value or the amount equivalent to Performance Bank Guarantee. 3. The Contractor/Bidder shall not be entitled to claim from the Principal any amounts either as damages or otherwise, on account of termination. Section 5 Previous transgression 1. The Bidder declares that no previous transgressions occurred in the last 3 years with any other Company in any country conforming to the corruption approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process. 2. If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or action can be taken as per the procedure mentioned in Guidelines on Banning of business dealings. Section 6 Equal treatment of all Bidders/Contractors/Subcontractors 1. The Bidder(s)/ Contractor(s) undertake(s) to demand from all subcontractors a commitment in conformity with this Integrity Pact, and to submit it to the Principal before contract signing. 2. The Principal will enter into agreements with identical conditions as this one with all Bidders, Contractors and Subcontractors. 3. The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions. Section 7 Criminal charges against violating Bidder(s)/Contractor(s)/ Subcontractor(s) If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the same to the Chief Vigilance Officer. Section 8 Independent External Monitor/Monitors 1. The Principal appoints competent and credible Independent External Monitor for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement. 30

31 2. The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He shall report to the Chairman, PHL. 3. The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Contractor. The Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder(s)/ Contractor(s)/ Subcontractor(s) with confidentiality. 4. The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Contractor. The parties offer to the Monitor the option to participate in such meetings. 5. As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or take corrective action, or to take other relevant action. The monitor can in this regard submit non-binding recommendations. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. 6. The Monitor will submit a written report to the Chairman, PHL within 8 to 10 weeks from the date of reference or intimation to him by the Principal and, should the occasion arise, submit proposals for correcting problematic situations. 7. Monitor shall be entitled to compensation on the same terms as being extended to / provided to Independent Directors on the PHL Board. 8. If the Monitor has reported to the Chairman PHL, a substantiated suspicion of an offence under relevant IPC/ PC Act, and the Chairman PHL has not, within the reasonable time taken visible action to proceed against such offence or reported it to the Chief Vigilance Officer, the Monitor may also transmit this information directly to the Central Vigilance Commissioner. 9. The word Monitor would include both singular and plural. Section 9 Pact Duration This Pact begins when both parties have legally signed it. It expires for the Contractor 3 years after the last payment under the contract, and for all other Bidders 12 months after the contract has been awarded. If any claim is made/lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined by Board of PHL. Section 10 Other provisions 31

32 1. This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. Delhi. 2. Changes and supplements as well as termination notices need to be made in writing. Side agreements have not been made. 3. If the Contractor is a partnership or a consortium, this agreement must be signed by all partners or consortium members and in the case of a Company by an authorized representative. 4. Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions. (For & On behalf of the Principal) (For & On behalf of Bidder/ Contractor) (Office Seal) (Office Seal) Place Date Witness 1: (Name & Address) Witness 2: (Name & Address) 32