AIRPORTS AUTHORITY OF INDIA

Transcription

1 TENDER FEE: Rs.1055/- भ रत य वम नप न धकरण AIRPORTS AUTHORITY OF INDIA CNS DIVISION, MANGALURU E-TENDER DOCUMENT For Supply of ATC Headsets for Frequentis VCS System at Mangaluru International Airport TENDER NO.: AAI/ANS/CNS/VOML/2015/PROC/VCS Headsets/T-12 E-Tender No.: E-tender portal: or Note: The Signed and Sealed copy of this tender document with the entries of offer have been filled up and duly attached with the original page(s) without disturbing the original page format shall be uploaded with digital signature along with the Technical Bid in the e-tendering portal of Airports Authority of India. The changes in the content of the tender Document in any-other form will be considered as non-responsive offer.

2 TABLE OF CONTENTS S No Section PARTICULARS PAGE 1. NIT Notice Inviting Tender 3 2. e-tender Guidelines for E-tendering Process 6 3. Section-A General Information & Guidelines Section-B Terms & Conditions Section -C Operational & Technical Requirements 25 Schedule- A 6. Annexure-I Eligibility requirements & Undertaking Annexure-II Technical Specifications Annexure-III Technical Specifications Compliance Annexure-IV Application for extension of Time Annexure-V Port of Consignee Annexure-VI Intimation of Force Majeure Annexure-VII Performa for Letter of Intent Annexure-VIII Performa for Acceptance of Letter of Intent Annexure-IX Performance Bank Guarantee Annexure-X Bank Account Details 38 Schedule-B 16. Annexure-XI Sample Price Schedule Annexure-XII Check list for Technical Bid 40 Supply of ATC Headsets for Frequentis VCS System at Mangaluru International Airport PAGE 2 OF 40

3 NOTICE INVITING TENDER TENDER NO.: AAI/ANS/CNS/VOML/2015/PROC/VCS Headsets/T-12 Date: 15/10/2015 E-Tenders are invited by Airport Director, Airports Authority of India, Mangaluru International Airport on behalf of The Chairman, Airports Authority of India from the eligible bidders for the works as detailed below. E-tender portal: or 1. Details of work. Sl.No. Name of Work Estimated Cost (Rs.) 1 2.Critical Dates. Sl.No. Supply of ATC Headsets for Frequentis VCS System at Mangaluru International Airport. Quantity:50 Nos. Activity EMD (Rs.) e-tender Fee 8,00,000/ /- 1055/- From Date To Time in IST 1 Period of Down Loading of e-tender Document 15/10/ /11/ Hrs 2 Last date and time for submission of duly completed Bids 05/11/ Hrs 3 Date and Time of opening Technical Bid 05/11/ Hrs. 4 Date and Time of opening Price Bid Upon acceptance of Technical Bid 3. Time Period for completion of work:60 Days from the date of acceptance of work order 4. Eligibility Criteria 4.1 The bidder should be Original Equipment Manufacturer (OEM) or its authorized representative or System Integrator In the case of System Integrator or authorized representative of OEM, credentials (financial turnover & experience as mentioned below) of bidder only will be considered for evaluating eligibility criteria. 4.3 In case of authorized representative, current authorization from OEM authorizing the bidder as its authorized representative shall be submitted 4.4 In case of OEM, Proof of being Original Equipment Manufacturer (OEM) shall be submitted. 4.5 In case of SI, authorization of OEM(s) firm for their product(s) for the current tender shall be submitted. 4.6 Bidder firm shall submit an undertaking stating its firm or its partners or its Directors have not been black listed or any case is pending or any complaint regarding irregularities is pending, in India or abroad, by any global international body like World Bank/International Monetary Fund/ World health Organization etc.., or any Indian State/Central Governments Departments or Public Sector Undertaking of India. 4.7 System Integrator firm is one who sources sub-systems from one or more OEM(s)firms and integrates the same with its own manufacturing/developing subsystem(s), to supply fully functional system as per prescribed specifications. Current Authorization of OEM firm authorizing the bidder firm for its product(s), spare, sales and service shall be presented by the bidder firm. 5. Annualized average financial turnover : Bidder should have annualized average financial turnover of at least Rs during last three financial years, ending 31st March,. As a proof of financial turnover, copy of abridged Balance Sheet along with Profit & Loss account of the bidder for last three years should be submitted 6. Experience: The bidder should have successfully executed in last seven years, orders for Supply of ATC Headsets (or similar)meeting any one of the following six criteria. a. One order of value more than or equivalent to Rs b. Two orders each of value more than or equivalent to Rs c. Three orders each of value more than or equivalent tors d. One order consisting of minimum 40 Nos. of ATC/Similar Headsets (or similar) e. Two separate orders each consisting of minimum 25 Nos. of ATC/Similar Headsets (or similar) f. Three separate orders each consisting of minimum 20 Nos. of ATC/Similar Headsets Supply of ATC Headsets for Frequentis VCS System at Mangaluru International Airport PAGE 3 OF 40

4 7. Performance/Experience Certificate : 7.1 Bidder must submit performance/experience certificate in respect of the works claimed against experience as mentioned under Para 6.0. These certificates should be issued by the end user agencies for whom the works have been carried out and endorsed by the bidder. Such performance/experience certificates should clearly indicate the following: i. Value of order or contract, ii. Scope of order or contract, iii. Order or Contract No., Award date iv. Order or Contract Completion date. v. That the supplied & installed systems have performed satisfactorily after commissioning. 7.2 The scope of works in respect of works claimed against Para 6 above, should be substantiated by submission of appropriate documentation such as relevant portion of the contract. 8. The bidder should have valid PAN/VAT/Sales Tax/Service Tax registration. 8.1 Date of publishing of NIT in AAI site will be taken as reference for assessing the eligibility criteria. 8.2 The tender for the offered system cannot be submitted both by the OEM and its authorized representative. In such case, the application of OEM alone will be considered and the tender of the authorized representative will be rejected. 8.3 The bidder as authorized representative can participate on behalf of only one OEM. 8.4 No bidder firm or its subsidiary firm or its parent firm shall be allowed to submit alternate bids. Such bids shall be summarily rejected. Bidder firm shall submit an undertaking stating the same. 8.5 The bidder firm shall possess the required tools, plants, skilled manpower, etc. required for execution of the subject scope of work in the tender. 8.6 Any firm who wishes to sublet or outsource to any third party then it shall bring to notice of AAI in submittals to this bid itself. AAI may or may not agree or accept such intentions / proposals of out sourcing or subletting of scope of work in the tender. 8.7 Bidder firm shall also submit an undertaking that if any portion of the work is outsourced or subcontracted then it shall accept all AAI objections within the scope of work or shall change/ replace subcontractor if required by AAI and shall undertake work itself without any compensation 8.8 Concessions to the bidders registered with NSIC, shall be applicable as per the directives of Govt. of India. However bidders shall be allowed to submit their tender, Technical & Financial bids only after paying Tender Processing Fee online. 8.9 Purchase preference to Central Public Sector Undertaking shall be applicable as per the directives of Govt. of India prevalent on the date of acceptance. 9. The tender fee will be Rs.1055/- (Rupees One Thousand and Fifty Five only). The tender fee is non-refundable. Tender processing fee shall be paid to AAI, on-line after registration. Bidders shall be allowed to register, login to AAI s e- Procurement portal and down load tender document, free of cost. However bidders shall be allowed to submit their tender, both Technical & Financial bids only after paying Tender Processing Fee on-line 10. Earnest Money Deposit(EMD) Each tender shall accompany with the Earnest Money Deposit of Rs.16000/- (Rupees Sixteen Thousand only). Earnest Money Deposit shall be remitted online through Payment Gateway provided in the e-tender portal itself, sufficiently early so that the credit should get on/before the last date of submission of Bid. Tenders not accompanied by the requisite EMD and Tender Fee shall be summarily rejected. Scanned copy of the details of the EMD payment shall be uploaded along with Technical Bid documents a. No interest or any other expenses, whatsoever, shall be payable by AAI on the EMD in any manner. b. AAI is liable to return EMD amount subjected to terms and conditions of the Tender c. All bank charges shall be to bidder s account. d. Bidders shall provide to AAI requisite Bank Account details for return of EMD. e. The EMD of the unsuccessful bidder shall be returned subjected to terms and conditions of the Tender, on award of contract to successful bidder and EMD of bidder who are not qualified in initial eligibility requirement or Technical qualification, EMD shall be refunded after Pre-qualification/Technical evaluation. f. If any successful shortlisted bidder, due any unsatisfactory reason in view of AAI, does not want to further participate in the tender then EMD in any form of such bidders shall be en-cashed and forfeited. g. If due some reason AAI cancels this tender then EMD of all bidders without any interest shall be returned back. Supply of ATC Headsets for Frequentis VCS System at Mangaluru International Airport PAGE 4 OF 40

5 11. The tendering process is online at the e-portal of AAI, URL or Cost of e-tender amounting to Rs.1055/-,(Rs.1000 plus 5.5% Tax) non refundable, is required to be paid online through HDFC Bank Payment Gateway provided in the portal itself. 13. Tender documents shall be downloaded from e-tendering portal of Airports Authority of India Website Only one tender document shall be submitted by a single party either a firm or an individual. The proprietor of more than one company or firm will be considered as single party and one legal entity. Downloaded tender documents digitally signed shall be submitted through E-tendering process described in above said portal along with the details of the non-refundable tender fee. Any amendment or corrigendum to the tender document shall be posted only on AAI website 14. The Technical bid shall be opened on the same day on 05/11/2015 at 1130 Hrs. Financial bid shall be opened later for the vendors found to be meeting the technical eligibility criteria which will be intimated 15. The Technical bid will be opened in presence of bidders or their agents in the O/O Airport Director Airports Authority of India, Mangaluru Airport by duly constituted committee. 16. Clarification needed if any may be sought through the Queries and Responses option provided in the e-tendering portal. Bidders are advised to visit the e-tendering portal to get the details in this regard. 17. All the items offered must be standard proven products already available in the market. The products assembled to meet the specifications of the tender shall not be acceptable. 18. Worksite for the project is New ATS Building, Airports Authority of India, Mangaluru International Airport as mentioned in schedule A of the tender. 19. AAI reserves the right to accept or reject any or all applications without assigning any reasons. AAI reserves the right to call off process of short-listing of bidders at any stage without assigning any reason. 20. AAI shall not be responsible for delay/loss/non-receipt of application/tender document if bidder fails to upload tender in time Sd/- Airport Director Airports Authority of India Mangaluru International Airport Supply of ATC Headsets for Frequentis VCS System at Mangaluru International Airport PAGE 5 OF 40

6 GENERAL E- TENDERING PROCEDURE GUIDELINES 1. JAVA: To view some of the components, all E-tender participants/ bidders/ vendors need to install Java Internet component from 2. PROXY: If E-tender participants/ bidders/ vendors are unable to access AAI e-procurement site or Bid/tender Documents, check if you are using proxy to connect to internet or if your PC is behind any firewall. Contact your system administrator to enable connectivity. Please note that standard Port for HTTPS (443) connectivity shall be enabled on your proxy/firewall. Dial-up internet connectivity without Proxy settings is another option. 3. POP-UPS: Pop-ups shall be enabled on AAI e-procurement URL and Bid Documents URLs. This is required to view tender documents. 4. ACTIVE-X CONTROLS: Maintain the settings as described in Internet Explorer settings document to enable digital signature signing and verification. Parameter Value Allow Scrip lets Enable Automatic prompting for ActiveX controls Enable Binary and script behaviours Enable Download signed ActiveX controls Enable Download unsigned ActiveX controls Enable Initialize and script ActiveX controls not Enable marked as safe Run ActiveX controls and plug-ins Enable Script ActiveX controls marked safe for Enable Scripting Use Pop-up Blocker Disable 5. E-TENDERING PARTICIPATION REQUIREMENTS: All E-Tender Participants /Bidders / Vendors are required to carry out the following activities: i. E-TAPS REGISTRATION: Registration shall be on AAI's e-procurement Portal e-taps free of cost, at or (E-Tender) and obtain e-taps login id. ii. E-TAPS LOGIN ID: Bidder shall click 'Apply for Access Authentication' and fill in details. On saving the details, a password for the registered bidder shall be generated by the system and the password shall be sent to the bidder's id which was filled in during registration. On receipt of , the login id is ready with the bidder to proceed further. 6. General guidelines for bidders: General guide lines for bidders to proceed further in the e-tender process are available in the AAI's e-procurement portal under Self Help Files Tab. Bidders shall go through the guidelines before submitting their bids on-line. There are also suggestive practice e-tenders, therefore bidders shall use these opportunistic practice e- tenders available online 365/24/7 hrs. and get the feel and understanding of AAI e-tender processes and procedures before actually participating in the tender process. a. The e-tender document consists of Three sections. The bidder shall go through all these sections(section A- General Information Guidelines: Section B- Terms & Conditions: Section C:Technical& Operational requirements) of the tender document and shall comply with each clause of all the three sections. b. 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. c. Bidder has to read the instruction carefully and completely along with frequently asked Questions (FAQ) and system setting before you start with the tender process. Bidders are also advised to go through the Privacy Policy and Disclaimer as given on this portal. 7. DIGITAL CERTIFICATES: i. For Encryption & Signing of bid responses and online submission of bids responses on AAI e-tender portal, the bidder shall have a legally valid Indian Class III digital certificate with encryption, as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCAI), Controller of Certifying Authorities. (CCA) of India. The details can be obtained by visiting the link Links of some of the digital certificate providers are given below. tcs.co.in/; For additional guidelines on digital certificates, click DC Guidelines on the named web sites. ii. Bidders may please note that newly issued digital signatures take 24 hours for activation from the issuing authority. So the same shall be obtained and activated well in advance to use on AAI e-tender portal. 8. On-line E-Tendering: For all AAI tenders hosted on AAI e-procurement site, the Financial Bid and Technical Bids shall be submitted on-line only. However, documents which have to be submitted in originals mentioned in the tender documents have to be submitted offline as advised in this tender document. 9. On-Line Training & technical assistance for interested bidders are available. 10. Bidder's training support system: Detailed information in this regard has been provided to the bidders at AAI's e- Procurement Portal under the Self Help Tab. Demo training is also available on AAI e-tender portal. In order to facilitate Supply of ATC Headsets for Frequentis VCS System at Mangaluru International Airport PAGE 6 OF 40

7 the Vendors/Bidders as well as internal users from AAI, Help Desk Services have been launched between hours for the e-tender portal /irj/portal. The Help desk services shall be available on all working days (except Sunday) between hours and shall assist users on technical issues related to the use of the e-tender portal 11. For any technical assistance with regard to the functioning of the AAI e-tender portal the bidders as well as AAI users may contact according to the escalation matrix as mentioned below: Sl. No. Timings Between (08:00 19:00Hrs) From Till Help Desk Number Escalation Matrix Address 1 08:00Hrs 19:00Hrs Extn.3512, Mr.Sanjeev Kumar Manager(IT) , Extn.3505 After 4 hours of issue e-sap1@aai.aero etendersupport@aai.aero 3 Mr.Dharmendra Kumar Assistant GM(IT) 4 Mr. A.K.Sharma, Joint General Manager(IT) , After 8 Extn.3509 hours After 12 hours dkumar@aai.aero aniruddhasharma@aai.aero 5 General Manager(IT) After 24 gmit@aai.aero hours 12. The above mentioned help desk numbers are intended only for queries related to the issues on e-tendering portal and help needed on the operation of the portal. For queries related to the tenders published on the portal, bidders are advised to upload bid queries after registering itself in the tender by selecting Register Tab and then by selecting Reply and Query Tab of subject e-tender or as per Para Bidders willing to participate may download the bid manager s digitally signed tender document on-line from AAI's e-taps e-procurement portal at and submit digitally counter signed bid response document/price quote on-line at the same portal. 14. Bidder are advised to upload tender and submit it on AAI E-Portal well in advance i.e 48 hrs before scheduled closing time of bid submission to avoid last minute hassles. AAI shall not entertain any queries on such subjects after last date of downloading/uploading of tender document 15. Amendment to Tender document: At any time, prior to scheduled date of submission/opening of bid responses, AAI if it deems appropriate to revise any part of this e-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/clarifications will be notified by AAI through its AAI's e-procurement portal only. 16. Clarifications of Bid Documents: Bidder, requiring any clarification of the tender Document, may submit their clarifications, if any, through provisions of AAI's e-procurement Portal i.e. as per Para 12 and by use of Collaboration folder created in respect of bidder after payment of applicable tender fee through only. (Note the document type for queries shall be in Microsoft-Excel format only.) Existing provision in Clarification Sl.No. Section No. Page no. in Para/Clause clause sought 17. Request for clarifications received from bidders received before scheduled Last Date & Time for Receipt of Queries by AAI as detailed in the tender document shall be responded by AAI till the scheduled sale of tender only. Replies to Clarifications by AAI shall be uploaded through AAI's e-procurement Portal Collaboration or Corrigendum folder only. The participating bidders are advised to visit AAI's e-procurement portal at regularly. Request for clarifications received through /Fax or letter shall not be considered and shall not be answered by AAI. Clarifications and other documents, if and when issued by AAI, shall be in relation to the tender and hence shall be treated as part of tender and an extension of tender document only. 18. AAI makes no representation or warranty as to the completeness or accuracy of any response by AAI, nor does AAI undertake to answer all the queries that have been posted by the Bidders. 19. In order to provide reasonable time to bidders to take the amendments into account for preparing their e-bid responses, AAI may/may not, at its discretion, extend the deadline for the submission of bids suitably Supply of ATC Headsets for Frequentis VCS System at Mangaluru International Airport PAGE 7 OF 40

8 20. Bidders shall upload, save well in advance technical bid responses only in Technical folder only & punch price quotes in Items Tab only, Submit their bid responses well in advance to avoid any last minute e-tender portal issues, however bidders can modify their bid responses and resubmit the bid response again & again by pressing SUBMIT selector box for consideration by AAI only until on or before the last date and time of bid submission of e-tender response on AAI e-taps e-tender portal only. 21. PRE-BID MEETING: AAI may or may not hold pre-bid meeting, at its discretion, with bidders before opening of e-tender, in the office of O/O Joint General Manager (CNS), Airports Authority of India, Mangaluru International Airport so as to discuss and explain all queries/clarifications received from the bidders related to this tender. Bidders must note that in order to participate in the pre-bid meeting, e-tender documents must be purchased on-line by the bidders. Bidders must have to produce the proof of payment of e-tender fee made on-line for downloading of e-tender document, before start of pre-bid meeting by AAI. Bidders must ensure that the Clauses/Para s on which clarifications are sought from AAI in person in pre bid meeting have already been uploaded/ submitted to AAI in advance through e-tender portal for reply. 22. Bidders shall up-load/submit their e-bid responses completely as per scheduled date & time through AAI's e-procurement portal Technical Bid/Attachments Folder only at portal only. Bidders responses not in Technical Bid/Attachments Folder shall not be considered by AAI. Bidders are therefore advised not to submit its technical Bid response in Collaboration Folder, otherwise such technical bid responses received by AAI are liable to be not considered by AAI or rejected by AAI. 23. AAI's e-procurement portal will not allow bidders to download after schedule last date & time of sale of tender and also submit their tender, after the scheduled last date and time of submission. Bidders shall submit e-bid responses before the Last date and time of submission specified for this tender. Bidders can modify and re-submit their bids only up to on or before Last date and time of submission. It must be understood by all bidders that saved bids are not available for opening by AAI only final submitted bids after completion of last date & time of submission will be available to AAI for opening. No part of bid during preparation of bid response, bid saved, submitted is visible to AAI till completion of Last date & time of Submission event and Start of Opening of bids event approved digitally by AAI multiple bid managers. The Technical bids and the Financial bids will be opened online by AAI at the time and date specified/ notified by AAI in respect of only qualified bidders bid response available to AAI for opening at the specified/notified Time and Date of Opening of e-bid. All the Statements, documents, certificates etc., uploaded by the bidders shall be checked for PQQ, technical evaluation. The clarifications, particulars, if any, required from the bidders, will be obtained through query provision available in AAI's e-procurement portal. The result of Technical bid & financial bid evaluations shall be displayed on AAI's e-procurement portal and shall be visible to all the bidders who participated in this e-tender Only. 24. General On-line E-Tendering Processes a. E-tender portal shall not permit upload/submission of bid responses after the scheduled time and date of submission by pressing SUBMIT selection box. b. The bidder may correct, modify or withdraw his bid after submission but prior to scheduled last date & time of submission of e-bids. c. Subject to Clause "b" above, no bid can be modified subsequent to the schedule time of submission of bids. d. To assist in the examination, evaluation and comparison of bids AAI may, at its discretion ask the bidder for the clarification / confirmation of compliance of its bid. The request for clarification/ confirmation of compliance and their responses shall be through query provision available in AAI E-Tendering portal. e. Bidders shall submit their e-bid technical response to AAI queries through provision of AAI E-Tendering Portal Only i.e. by uploading AAI query replies in Collaboration folder only. f. No post bid clarification / confirmation of compliance at the initiative/behest of the bidder shall be entertained/ accepted by AAI, if not requested for by AAI. g. Bidder shall not upload/submit any file of more than 10 MB in one ZIP/ RAR/ PDF/ DOC/ EXCEL file. h. If total capacity of file size to be uploaded is more than 10 MB then the files shall be broken in to less than 10 MB and uploaded. i. The bid uploaded/submitted on AAI E-Tender portal and available for opening by AAI on AAI e-tender portal will only at scheduled date/time of opening shall be considered for opening & further evaluation/ consideration by AAI. j. AAI reserves the right to accept or reject any or all e-bid responses without assigning any reasons. AAI reserves the right to call off process of short-listing of bidders at any stage without assigning any reasons. k. AAI shall not be responsible for any delay/ loss/ non-receipt of application/ tender document/ e-bid responses uploaded/ saved/ (Re)submitted by the bidder on AAI e-taps e-tender/ procurement portal. l. All the fields mentioned in the Technical criteria shall be filled without fail. Details like Sales Tax Registration number, Service Tax Registration number, PAN number, Details of years for which Balance sheet is submitted, Value of work executed, Contact details for proof of satisfactory service, etc. shall be mentioned in the comment column of the relevant PQ criteria. m. The Tender fee shall be submitted through the portal through the link provided in the e-tender portal. Supply of ATC Headsets for Frequentis VCS System at Mangaluru International Airport PAGE 8 OF 40

9 n. EMD shall be remitted online through RTGS/NEFT to AAI through the link provided in the e-tender portal, sufficiently early so that the credit should get on/before the last date of submission of Bid. The details of the EMD payment shall be uploaded along with Technical Bid. o. Even a single unfilled field makes the bid in-eligible for further processing. p. Make & model for each item in the technical compliance statement shall be indicated and relevant brochure indicating the compliance of each specification shall be uploaded in the technical bid. q. The price bid shall be submitted through the e-portal. All relevant columns constituting the components of the total price shall be entered submission. DECLARATION: The GENERAL E- TENDERING PROCEDURE GUIDELINES of this Tender Document is read understood, hereby accepted unconditionally and shall be complied/followed herewith without any conditions. I/We agree to abide by the GENERAL ETENDERING PROCEDURE GUIDELINES, contained in this Tender Document and shall form part of tender/agreement conditions / provisions. I/We hereby unconditionally accept(s) the GENERAL E-TENDERING PROCEDURE GUIDELINES of AAI s tender documents in its entirety for Supply of ATC Headsets for Frequentis VCS System at Mangaluru International Airport. It is certified that I/we have/will not stipulated any condition(s) in our bid response offer. In case any condition(s) are found in our e-bid response/offer, the same shall be treated as withdrawn unconditionally. Signature of bidder firm authorized Signatory Name:..... On behalf of:..... Telephone:..... Fax: Supply of ATC Headsets for Frequentis VCS System at Mangaluru International Airport PAGE 9 OF 40

10 Section: A GENERAL INFORMATION AND GUIDELINES SECTION 1. Purpose and Scope of Tender Document : 1.1. This tender sets out the terms and conditions, general, operational and qualitative requirements to be met for Supply of ATC Headsets for Frequentis VCS System at Mangaluru International Airports per specifications given in Section- C of the tender Document This tender document includes requirements in respect of description of items, their quantities, dispatch & delivery schedules, support services etc AAI reserves the right to vary the quantities to the extent of 25% The bidder shall assume complete responsibility for the design and performance of the equipment / items to satisfy all technical and functional requirements as described in Section - C The tender must be valid for a minimum of 180 days from the date following the date of opening of Technical Bid. 2. Tender Document : 2.1. The tender document consists of three Sections. The bidder should go through all these sections (Section-A - General Information and Guidelines; Section-B - Terms & Conditions; Section-C - Operational & Technical Requirements) of the tender document and must comply with each clause of all the three sections The instructions given in the tender document are binding on the bidder and submission of the tender will imply unconditional acceptance of all the terms & conditions by the bidder Bidder may be required to demonstrate / practically verify the specific / all features of the equipment, as deemed fit by AAI, for the evaluation of the bid Deviations, if any, from the laid down requirements/ specifications shall be brought out separately in the deviation sheets to be attached with relevant section of the tender. The scanned copy of deviation sheet shall be uploaded along with the technical bid documents in E-tender Each and every page of submitted tender document including technical documentation should be serially numbered & indexed. 3. Technical Literature & Brochures, Language 3.1. One set of scanned copy of complete technical documentation comprising of Operations, Installation and Maintenance manuals including detailed Part List of the equipment shall be up-loaded along with the technical bid. The maintenance manual should contain detailed sub system specifications, functional description, recommended maintenance schedule, test and adjustment procedures, circuit & layout diagrams of the equipment and other such information which helps in providing un-interrupted operation of the facility and should provide expected guidance to maintenance engineers in case of facility malfunctioning / break down. The language of all manuals, instructions, technical documentation etc. provided under this contract will be English As part of Technical Evaluation of the tenders, the compliance of the offered equipment to the specifications as stated in Section C, shall be verified from the technical manuals and documentation of the equipment The scanned copy uploaded on the e-tender portal shall be treated as master copy and will be referred during Technical evaluation process. 4. Address for Correspondence All completed tender documents and enquiries regarding clarification/interpretation should be uploaded on AAI e-tender portal before the date prescribed in Tender. A copy of enquiries regarding clarification/interpretation by fax/ to The Joint General Manager(CNS) O/o The Airport Director, Airports Authority of India, Mangaluru International Airport Mangaluru Fax: hod_cnsmangalore@aai.aero 5. Tendering Procedure 5.1. Tenders once submitted/uploaded shall be final and no amendment thereto shall be permitted. One bidder shall submit only one tender. Supply of ATC Headsets for Frequentis VCS System at Mangaluru International Airport PAGE 10 OF 40

11 5.2. E-Tender shall consist of two Bid Process, Technical bid and Financial bid process. The contents of Technical bid and Financial bid are listed hereunder 5.3. Technical bid document submitted/uploaded properly will contain the following in light of the eligibility requirement defined in Section A: Duly filled Proforma for submitting Tender Unconditional acceptance of tender conditions (Annexure - I). Non submission of this document shall result in rejection of tender submitted by the bidder Tender Document Fees details (payment to be made on line) Earnest Money Deposit (EMD) details (payment to be made on line) Valid Sales Tax Registration certificate In case of OEM, Proof of being Original Equipment Manufacturer (OEM) In case of authorized representative of OEM - current authorization from the OEM In case of System Integrator- authorization of OEM declaring the tenderer as system integrator for its product, detailed and valid agreement between System Integrator and the OEM(s) defining clearly the role, responsibility, scope of work and contribution towards the tendered Equipment/System for each SI and the OEM(s) Bidder firm shall submit/up-load an undertaking stating its firm or its partners or its Directors have not been black listed or any case is pending or any complaint regarding irregularities is pending, in India or abroad, by any global international body like World Bank/International Monetary Fund/ World health Organization etc., or any Indian State/Central Governments Departments or Public Sector Undertaking of India Bidders shall provide copy of the Permanent Account Number (PAN) Certified Testimonial / Certificates in support of Experience: Bidder must submit/ upload performance/experience certificate in respect of the works claimed by the bidder for meeting the eligibility criteria. These certificates should be issued by the end user agencies for whom the works have been carried out and endorsed by the bidder. Certified English translation shall be enclosed if language is other than English Such performance/ experience certificates should clearly indicate the following: i. Value of order or contract, ii. Scope of order or contract, iii. Order or Contract Number and Award date iv. Order or Contract Completion date. v. That the supplied & installed systems have performed satisfactorily after commissioning Certified copies of abridged balance sheets along with profit & loss account of the firm (tenderer) in support of Annualized average financial turnover during last three financial years ending 31st March of previous year Non submission of any of the aforesaid documents or, submission of any of the aforesaid documents in a manner which is in non-conformance with the relevant clause of the tender document may result in rejection of tender submitted by the bidder Tenders shall accompany Tender fee details and EMD details There shall be no exemption to any bidder, on account of any reason/registration. Tenders not accompanied by the requisite valid EMD or Tender Fee (as applicable) in Technical Bid shall be rejected. Non submission of any of the aforesaid documents or, submission of any of the aforesaid documents in a manner which is in non-conformance with the relevant clause of the tender document shall result in rejection of tenders The compliance statement for Section-A - General Information and Guidelines; Section-B - Terms & Conditions and Section-C - Operational & Technical Requirement, complete in all respect, duly signed and stamped by the bidder and digitally signed Tender document after endorsement (signing) by the bidder on each page. Compliance statement for Section B &C : 'Complied' or Partial complied or 'Not complied' shall be given against each statement and specification of Operational &Technical Requirement and should be duly substantiated and supported by appropriate documentation of the product. Additionally, in Section-C (Operational & Technical Requirements), bidder is required to mention page and para no. of the documentation enclosed with the tender, in support of and to verify the compliance. Without such reference, tender may not be considered for evaluation and is liable to be rejected One set of hard copy and soft copy of manuals and technical documentation confirming to Para 3 - Technical literature and brochures, language Detailed List of deliverables with Part No., Make & Model number of equipment and accessories offered - fully meeting the operational and technical requirement as spelt out in Section-C of tender, Scanned copy of applicable rate of Statutory taxes shall be uploaded along with Technical bid Terms and conditions if any, related to Price Bid. Deviations if any from the laid down requirements of this tender shall Supply of ATC Headsets for Frequentis VCS System at Mangaluru International Airport PAGE 11 OF 40

12 be prepared indicating the para no. page no of the Tender document Non submission of any of the aforesaid documents or, submission of any of the aforesaid documents in a manner which is in non-conformance with the relevant clause of the tender document may result in rejection of tender The vendor shall scan and upload the above documents in Sl. No to in e-portal for Technical Bid. The documents shall be digitally signed Original documents submitted online at AAI e-portal during technical bid submission shall only be accepted for verification. 5.5 "Price Bid" will contain the following: 5.5.1The pricing schedule document as per format given in Sample Price Schedule (Schedule-B) shall be filled as per instruction as given in E-tender Portal Price break-up indicating Taxes and duties etc. should be indicated. Price bid should be submitted strictly as per the Performa in e-tender portal. Bidder should ensure the availability of spares till the life time 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 the life span of equipment/system AAI shall pay the taxes and duties indicated in (Schedule-B). Nothing extra shall be paid by AAI on account of non-inclusion of any cost component for the purpose of calculating taxes Deviations in Statutory Taxes shall be payable by AAI as per the terms and conditions defined under tender clause (Taxes and Duties) No additional price break up is permitted 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 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. 5.6 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 : 5.7 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. 5.8 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. 5.9 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 In case of percentage rate tender, the contractors are required to quote their rates both in amount as well as in the percentage below / above the rates entered in the schedule. In such cases, in the event of arithmetical error committed in working out the amount by the contractor, the tendered percentage and not the amount should be taken into account If agency fail to quote the rate in word & in figure and amount (both) the same shall be assume to be included in the total tendered amount Currency of quotes and other details regarding pricing : The Price Shall be quoted in Indian Rupees only Only price bid in the Format indicated in e-tender portal shall be considered for the purpose of Evaluation In case of contract on SITC of equipment where, Prices quoted by the bidder in shall be inclusive of all the taxes and duties applicable in India. All the freight & insurance, handling charges, Installation, commissioning & testing charges, excise duties, VAT, sales tax, octroi, entry tax, work contract tax, labour cess and any other tax as applicable shall be included in supply/ installation, testing and commissioning item rates as applicable. Nothing extra shall be paid on any account In case of Supplies/SITC contract on Door Delivery basis where delivery is desired up to consignee address, it will become an indivisible work contract, which includes supply, installation, testing and commissioning of items as per the schedule of quantities, contractor is responsible for ensuring the items reach the site in good condition. The bidder shall survey the Rail / Road / Sea route for transporting the system to respective airports. If Road Permit is required to be arranged by bidder, consignee shall provide the required documents i.e. copy of purchase order, authorization letter etc. for arranging the road permit without any extra cost to AAI Detailed List of deliverables with Part No., Make & Model number of equipment and accessories offered - fully meeting the operational and technical requirement as spelt out in Section-C of tender shall be attached with the Technical Bid. Supply of ATC Headsets for Frequentis VCS System at Mangaluru International Airport PAGE 12 OF 40

13 5.12.6In case of any missing information on the above, the bid is liable to be rejected It may be clearly understood and noted that in Price Bid of the tender document is for pricing alone. No condition, whatsoever, should be stipulated in this part. Everything that the bidder has to say, regarding tender, other than pricing should be stated only in Technical Bid of the tender. If any conditions are stipulated in the Price Bid of the tender, the tender is liable to be rejected All changes, alterations, corrections in the bid shall be signed in full, with date, by the person(s) signing the bid. Erasure and/or overwriting on correcting fluid are not permissible Tenders, in which any of the particulars and prescribed information are missing or are incomplete, in any respect and/or prescribed conditions are not fulfilled, shall be considered non responsive and are liable to be rejected. 6. Concessions to Small Scale Industries (SSI) Units & Central Public Sector Enterprises (CPSEs) will be applicable as per Govt. of India guidelines. However bidders shall be allowed to submit their tender, Technical & Financial bids only after paying Tender Processing Fee on-line 7. Opening of Tender Documents AAI shall open Technical Bids as per scheduled Tender Opening Date and Time. Authorized representatives of AAI shall download all the up-loaded documents against Technical Bid and evaluate bids for Technical Eligibility. Interested Bidders may remain present at the venue i.e. AAI s premises during the opening of Technical or Bidders can monitor the Technical Bid opening process On-line Technical Bids of bidders shall be scrutinized by AAI to ensure whether the same are in conformity with the eligibility, operational requirement & technical specifications. Bidder should provide complete information to substantiate compliance of the technical specifications listed in the tender. In case of incomplete compliance statement or inadequate information, tenders shall be finalized on the basis of the information available. It shall, therefore, be in the bidders' interest to give complete and comprehensive technical particulars, description and details while submitting the bid AAI may seek clarifications on technical details or any other information deemed necessary. The queries raised should be replied positively within the time specified, failing which the evaluation will be done on the basis of the information available. Incase of E-Tender, Such queries raised on-line on AAI s e-procurement portal shall be replied on-line positively by the bidder, within the time specified, failing which the evaluation shall be done on the basis of the information available 7.4. The bidder shall not make any 'suo-moto' changes in the drawings/specifications /designs etc. However, in case it becomes necessary for the bidder to make any changes in their original price as listed in the Price Bid of the tender on account of technical clarification, deviations, etc. in response to the queries raised by AAI which result in change in scope of work defined in Tender to bring the equipment up to the requirements, such price adjustment/revision should be sent in a separate sealed cover duly super-scribed as: PRICE ADJUSTMENT TO PRICE BID REVISED PRICE BID AGAINST TENDER No AND RELEVENT TO THE TECHNICAL PARTICULARS AS CONTAINED IN THE LETTER No DATED. To, Joint General Manager(CNS) O/o The Airport Director Airports Authority of India Mangaluru International Airport Mangaluru Such adjustments shall be allowed to all the bidders. 7.5 However such price bid adjustments shall not be allowed to those bidders who on account of response to technical clarification / the queries raised by AAI bring the equipment up to the requirements stated in the tender. 7.6 Price Bid, only for the bidders found technically qualified by AAI shall be opened. Date and Time of opening of Price bid shall be notified to successful bidders through AAI s e-procurement Portal. Bidders may present at the venue during opening of Price bid or can monitor On-Line the bid opening process The envelope containing price adjustment data as referred to in Para 7.4 will be kept duly sealed along with the original Price Bid of the tender. After all the tenders have been technically examined, Price Bid along with subsequent Price adjustment, if any, of the technically acceptable bidders shall be opened for which the date and time shall be intimated to the technically qualified bidders through e-tendering portal No correspondence shall be entertained from the bidders after opening of Price Bid of the Tender. Date of acceptance Supply of ATC Headsets for Frequentis VCS System at Mangaluru International Airport PAGE 13 OF 40

14 and opening of tender can be extended on sole discretion of the Airport Director, 8. Comparison and Evaluation of Tenders : 8.1. The tenders received and accepted will be evaluated by AAI to ascertain the complete scope contained in the tender document. The objective of the evaluation is to select a bidder that can provide the desired service with maximum efficiency and quality and meeting the Technical requirements defined in Section C In the evaluation of tenders, the overall quality and economy of the system offered will be kept in view. Such offers which necessitate, additional expenditure required to be made by AAI may have to be loaded to make the offer compatible with the tender document requirement At no cost to AAI, as a part of Technical Evaluation, bidders participating in this tender may be required to demonstrate operational and technical requirements or specifications, at a location considered fit by bidder in consultation with AAI Tenders meeting Technical bid criteria as specified herein shall only be informed and considered for opening and evaluation of Price bid. However, tenders not meeting Technical bid criteria shall be informed for not meeting the technical bid criteria 8.5. The tenders found technically acceptable shall be compared on the basis of price quoted by the bidders for the entire scope of proposal. The amount indicated in the pricing schedule (Schedule-B) will only be taken for price comparison. All the tenders will be evaluated for the cost of equipment, accessories and expenditure towards services like installation, training, transportation, insurance and all applicable taxes & duties etc While evaluating the Tenders, the benefit of CENVAT credit available to AAI shall be taken into consideration. The lowest Tender shall be decided on the basis of Net Cost to AAI. The Net Cost to AAI for works involving supply, Installation, Testing and Commissioning Services shall be calculated as under: a) Gross Amount quoted by the firm (inclusive of all taxes custom duty). b) Service Tax included at (a) above, if any. c) Net Cost to AAI: Gross Amount quoted at (A) minus Service Tax at (B) 8.7. Please note that no CENVAT benefit other than Service Tax is availed by AAI. 9. Rejection & Return of Tender : Airports Authority of India (hereinafter abbreviated as AAI) reserves the right to reject any or part of tender without assigning any reason. The un-opened price bids for the bidders which do not technically qualify to participate in price bid opening shall be returned back after finalizing the award of tender, if requested by the bidder. AAI also reserves the right at its sole discretion not to award any order under the tender called. AAI shall not pay any cost incurred in the preparation and submission of any tender or any cost incidental to it Tenders, in which any of the particulars and prescribed information is vague, 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. If the bidder gives wrong information in his tender, AAI reserves the right to reject such tender at any stage or to cancel the Contract, if awarded and forfeit the Earnest Money Deposit. AAI reserves the right to debar such bidders to participate in future Tender The information contained in the tender should be comprehensive and to the point. The tenders containing information other than sought, with a motive to confuse or delay the finalization process are likely to be rejected Canvassing in any form in connection with the tenders is strictly prohibited and the tenders submitted by the Contractors who resort to canvassing are liable for rejection. 10. Should a bidder have a relation or relations employed in the capacity of an officer of AAI, the authority inviting tender shall be informed of the fact along with the offer, failing which AAI, at its sole discretion may reject the tender or cancel the contract and forfeit the Earnest Money Deposit. 11. Award of Contract The acceptance of the tender will be intimated to the successful bidder by issuing letter of intent. On receipt of letter of intent successful bidder shall send unconditional acceptance of letter of intent to The Airport Director, Airports Authority of India, Mangaluru International Airport, Mangaluru with in Ten working days of issue of letter of intent through Fax/ Courier / by authorized representative or as deemed appropriate, failing which it should be constituted that he is not interested in the offer and hence not accepted the letter of intent unconditionally AAI shall issue the purchase order to successful bidder on receipt of acceptance of letter of indent. Successful bidder shall return one copy of purchase order within Seven working days as a confirmation to acceptance of terms and conditions of purchase order duly signed by him on each page of the order AAI shall be the sole judge in the matter of award of contract and the decision of AAI shall be final and binding. Supply of ATC Headsets for Frequentis VCS System at Mangaluru International Airport PAGE 14 OF 40

15 12. Consignee The ordered equipment / items shall be delivered to the port consignee as mentioned in Annexure-V In case of installation of equipment is a part of the order, it will be the responsibility of the successful bidder to install the equipment at the stations as mentioned in the ultimate consignee mentioned in Annexure-V 13. Execution of Works The works shall be carried out under the supervision of the CNS In-charge, AAI, Mangaluru International Airport (as mentioned under ultimate consignee) or the nominated project officer as the case may be, according to the terms and conditions of the contract. 14. FORMATS AND SIGNING OF BID 14.1 The e-bid shall be digitally signed by the bidder at e-tendering portal duly authorized to bind the bidder to the contract. Written power-of-attorney in proper format accompanying the bid shall indicate the letter of authorization. The person or persons signing the bid shall sign all pages of the bid, except for printed literature. The bids submitted shall be in proper readable format, encrypted as per e-tendering portal requirements. Standard Printed terms and conditions of the company other than the NIT conditions shall not be considered. 15. Declaration : The General Information and Guidelines given in the Tender Document are hereby accepted unconditionally and shall be complied with. Signature of Bidder Name:... Telephone:... Fax: Stamp :... Supply of ATC Headsets for Frequentis VCS System at Mangaluru International Airport PAGE 15 OF 40

16 TERMS & CONDITIONS Note: 1. For stating Compliance: Write C in the third column below. SECTION:B 2. For stating Non-Compliance: Write NC in the third column below. 3. For stating Partial or Conditional Compliance: Write PC in the third column below. Sl. No. Requirement 1. Standards & Proven Product State of the art technology shall be deployed in the equipment for the system offered and all 1.1 designs, materials, manufacturing techniques and workmanship shall be in accordance with the highest accepted international standards for this type of equipment. The bidder shall also state, where applicable, the National or other International Standard(s) 1.2 to which the whole, or any specific part, of the equipment or system complies. The equipment/ system/ similar system having same functionalities / offered for supply 1.3 should be proven product. The proof of satisfactory operation of the such equipment/ system issued by the end user agency to be submitted along with tender. The offered equipment shall be currently under production and shall be under supply or shall have been supplied in last three years. 1.4 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 : 60(Sixty) Days from the date of acceptance of work order The supply of goods ordered should be fully completed in not more than three part 2.2 shipments within the stipulated delivery schedule. The sets supplied in each shipment should be complete in all respects. 3. Liquidated Damages Statement of Compliance & Agreement 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. 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 3.1. 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 Annexure-IV. In the event of extension granted with levy of L.D., AAI will been titled 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 The time and date of completion of the works as contained in the suppliers proposal and as 4.1 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 Supply of ATC Headsets for Frequentis VCS System at Mangaluru International Airport PAGE 16 OF 40

17 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 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 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. 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 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. 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-qualification criteria or Technical qualification criteria immediately after Technical evaluation report is accepted The EMD of the successful bidder will be returned only after the successful bidder submits the performance guarantee in the prescribed Proforma, as required in Para 10 of this section. If the successful bidder fails to submit the performance guarantee within 30 calendar days after the date of acceptance of Work Order, the EMD amount shall be forfeited and purchase order shall be cancelled. No interest or any other expenses, whatsoever, will be payable by AAI on the EMD in any manner. Supply of ATC Headsets for Frequentis VCS System at Mangaluru International Airport PAGE 17 OF 40

18 10 Performance Bank Guarantee 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 Proforma attached as Annexure -IX. In case, the successful bidder fails to submit the PBG within stipulated period, 12% p.a. on Performance Guarantee amount would be levied (non-refundable) for delayed period of submission and shall be deducted from EMD. In case successful bidder fails to submit performance bank guarantee within 60 days, AAI reserves the right to forfeit EMD and cancel the order The Performance Guarantee shall be valid for 6 months beyond the warranty period as per Para 16 of Section-B 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 encashed by AAI with or without notice 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 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. 11 Force Majeure 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 their 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 11.1 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. (Annexure-VI) 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. Supply of ATC Headsets for Frequentis VCS System at Mangaluru International Airport PAGE 18 OF 40

19 11.2 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 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 12.1 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 any dispute that remains unresolved shall be settled under the Rules of 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: 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 13.1 escalation whatsoever till the validity period of the tender 13.2 The supplier shall quote the prices up to Door Delivery basis 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 13.3 words will be taken as the correct basis. Incase of E-Tender, follow the instructions available on E-Portal 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 13.4 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. Incase of E-Tender, follow the instructions available on E-Portal The rates should include patent rights, if any 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 : 13.6 a) 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. b) 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 c) 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 d) In case of percentage rate tender, the contractors are required to quote their rates both in amount as well as in the percentage below / above the rates entered in the schedule. In such cases, in the event of arithmetical error committed in working out the amount by the contractor, the tendered percentage and not the amount should be taken into account. e) If agency fail to quote the rate in word & in figure and amount (both) the same shall be assume to be included in the total tendered amount Supply of ATC Headsets for Frequentis VCS System at Mangaluru International Airport PAGE 19 OF 40

20 13.7 Cost of Installation, Testing and commissioning : Bidder shall indicate the cost of Installation, testing and commissioning in INR. Service Tax on such services shall be reimbursed to supplier on production of Service Tax Challan 13.8 Cost of Freight and Insurance : Successful bidder is responsible for delivering the items up to consignee Airport. He shall make his own arrangement for obtaining Road permits/entry passes for transporting the system to consignee Airport, however, AAI will provide the requisite documents for obtaining road permits i.e. copy of purchase order, authorization letter etc. Nothing extra shall be paid by AAI 13.9 Service Tax: Bidders shall quote prices exclusive of Service Tax. AAI shall reimburse the service tax against the production of Service Tax challan towards payment of service tax As per CENVAT Credit rules-2004 the service tax paid by AAI for Installation, Testing & Commissioning of various Capital equipment in India are claimed as 100 % CENVAT credit while discharging AAI s own service tax liability under the head Airport service and will be reimbursed by AAI against proof of payment in form of Service Tax Challan Sale Tax/VAT/Excise duty : Bidder shall indicate the Sales Tax, VAT, Excise Duty etc. in INR and payment shall also be made in INR either to the bidder or its authorized Indian agent on production of proof of the same Octroi/Entry Tax / Loading/Unloading / Factory Acceptance test charges etc. : Bidder shall indicate the Octroi / Entry Tax, Loading/Unloading charges and payment shall be made to the bidder Prices quoted by the supplier shall on Door Delivery basis : 1. Bidder shall quote the price up to destination on Door Delivery basis for SITC contract so that AAI can evaluate the financial impact of project in total, that means bidder shall arrange freight and insurance, loading/unloading, payment of Duties/ Octroi/entry tax, obtaining road permits etc. then bidder shall fill the price bid to ascertain net cost to AAI 2. Price quoted shall be inclusive of cost of equipment (Hardware and software, Training cost etc.) all taxes and duties applicable. All the freight & insurance, handling charges, all applicable taxes such as all components of custom duty, Excise duty, Sale Tax, VAT, Octroi, Entry tax, work contract Tax, labor cess custom clearance charges etc. shall be included Price break-up of all the items shall be indicated to ascertain the taxes duties etc. In case of Public Sector Undertakings (Govt. of India) and SSI registered with NSIC under single point registration scheme entitled for purchase preference facilities under the existing policy of Govt. of India, necessary price break-up indicating clearly the value added content of the manufacturer must be indicated in the pricing schedule Bidder has to mention the prices strictly as per the format of the price schedule (schedule-b). Prices quoted only will be considered for price comparison. Price break-up of all the items shall be indicated in to ascertain the taxes duties etc. Detailed List of deliverables (Bill Of Quantity) with Part No., Make & Model number of equipment and accessories offered - fully meeting the operational and technical requirement as spelt out in Section-C of tender shall be attached with duly filled schedule-b. The above detailed list of deliverables should also be submitted along with the Technical Bid. Incase of E-Tender, follow the instructions available on E-Portal. Validity of Tender : The tender must remain valid for a minimum of 180 days from the last date of submission of tender closing of the tender. 15 Payment Term : Payment to the supplier shall be made in the following manner: i) 60% of purchase order price for supply of equipment and accessories supplied from Indian indigenous source including documentation,100% of freight and insurance, taxes and duties against receipt of goods at site in good condition on submission of the following documents in ORIGINAL Supply of ATC Headsets for Frequentis VCS System at Mangaluru International Airport PAGE 20 OF 40