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Page 1 of 33 NOTICE INVITING E-TENDER AIRPORTS AUTHORITY OF INDIA GOA INTERNATIONAL AIRPORT, GOA 403801. BID INVITATION NO: 1000013204 Airports Authority of India, Goa Airport invites tenders through e-tendering process for grant of AWARD OF LICENSE FOR COLLECTION AND DISPOSAL OF GARBAGE FACILITY of Goa Airport. The said facility for a period of 3 (three) years with a Minimum Reserve License Fee of Rs 49,000/- (Rupees Forty nine thousand only) per month plus service tax and applicable utility charges @ 10% on the normal space rent. For details regarding eligibility criteria and other detailed tender conditions visit AAI website www.aai.aero and portal address https://etender.aai.aero/irj/portal. Last date for uploading the tender is 05.01.2016 upto 1500 hrs R.V.S.Murthy Sr. Manager (Comml.) For AIRPORT DIRECTOR

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Page 1 of 33

NOTICE INVITING E-TENDER

AIRPORTS AUTHORITY OF INDIA GOA INTERNATIONAL AIRPORT, GOA – 403801.

BID INVITATION NO: 1000013204

Airports Authority of India, Goa Airport invites tenders through e-tendering process for grant of AWARD OF LICENSE FOR COLLECTION AND DISPOSAL OF GARBAGE FACILITY of Goa Airport. The said facility for a period of 3 (three) years with a Minimum Reserve License Fee of Rs 49,000/- (Rupees Forty nine thousand only) per month plus service tax and applicable utility charges @ 10% on the normal space rent. For details regarding eligibility criteria and other detailed tender conditions visit AAI website www.aai.aero and portal address https://etender.aai.aero/irj/portal. Last date for uploading the tender is 05.01.2016 upto 1500 hrs

R.V.S.Murthy

Sr. Manager (Comml.) For AIRPORT DIRECTOR

Page 2 of 33

Cost of E-tender Document Rs. 2,000/-[Including all Taxes]

E-tender Document No. AAI/Garbage /ET/2015

SUBJECT: NOTICE INVITING E-TENDER FOR AWARD OF LICENSE FOR

COLLECTION AND DISPOSAL OF GARBAGE AT GOA

INTERNATIONAL AIRPORT.

01 Index

1 Page

02 Notice Inviting E-tender 3 pages

03 General Information & Guidelines

4 Pages

04 Form of E-tender (e-financial bid)

Available at e-portal

05 Acceptance Letter 1 Page

06 License Agreement

12 Pages

07 Exit Clause 1 Page

08 Fire Extinguisher Clause 2 Pages

09 Additional Fire Clause 1 Page

10 Form of Bank Guarantee

2 Pages

11 Special Terms & Conditions for Collection and

Disposal of Garbage.

2 Pages

12 E-Tendering guidelines to the bidders 2 Pages

R.V.S.Murthy

Senior Manager - Commercial SIGNATURE OF ISSUING AUTHORITY

Page 3 of 33

भारतीय विमानपत्तन प्राधिकरण

AIRPORTS AUTHORITY OF INDIA

गोिा अतंरााष्ट्रीय विमानपत्तन

GOA INTERNATIONAL AIRPORT.

Phone (0832) 2541730, Fax (0832) 2541610

No.AAI/GOA/R-5(A)(Garbage)/2015 Date: 11.12.2015 E-NOTICE INVITING TENDER

E-tender in the prescribed form duly sealed are hereby invited for

granting license for the following:-

Name of the Facility with location

Earnest Money Deposit

Minimum Reserved License Fee

Award of License for

Collection and Disposal of Garbage Contract

facility at NITB, Goa.

Rs.59,000/- (Rupees

Fifty nine thousand only).

Rs.49,000/- (Rupees Forty nine thousand

only) per month + Service Tax as

applicable

Note:

(a) Offers below MRLF will not be considered for award. Award letter is to be issued H1 only

(b) The quoted license fee against MRLF shall be subject to annual compound

escalation @ 10% and the party has require any space, it is also chargeable Utility charges @ 10% on applicable space rent subject to

annual compound escalation @ 10% wef 1st of April every year. Present space rent is Rs 1540/- per sqmt/month.

© In case of any increase in the area for the said license, the license fee

shall be enhanced on pro-rata basis. (d) The successful bidder is liable to pay all Govt. Taxes including Service Tax

applicable at the rates declared by Govt. of India / State Govt. / Union Territory from time to time.

(e) Gestation period of 30 (thirty) days or actual commencement of business

operation whichever is earlier, will be permitted. The billing will be started from the date of above.

(f) All the documents should be in the name of tenderer only. Tender cost & EMD amount should be remitted in the name of tenderer only.

2. The contract period is 03 (three) years.

3. The parties fulfilling the following eligibility criteria are eligible to participate in the tenders:-

a) The party has should have minimum 2 (two) years experience in handling disposal of garbage with the Municipality / MES/ Cantonment Board/ Hospitals/ Hotels/ Flight Kitchens/ PSU/ Airports / Railway Stations. b) The party shall posses valid license from Govt. of Goa or Authorized agent approved by Govt. of Goa for Garbage collection and disposal.

4. Only one tender document shall be sold to 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.

5. Any party either a firm or an individual falling under the following categories is

not eligible.

Page 4 of 33

a) De-barred/black listed by CBI or Airports Authority of India or

undertakings/Departments like Railways, Defence or any other

Department of Government of India and State Government. Dept. of

Commercial at RHQ/Airports is to maintain records of such

debarred/black-listed parties in consultation with Vigiliance Dept. of CHQ.

A declaration to this effect is also to be obtained from the party submitting

the tender documents.

b) Parties facing action under PPE Act, with AAI.

c) Parties either an individual or a business establishment, who has been

ordered by a Court of Law to pay the outstanding dues of AAI at any of the

airports as a whole and has not paid such dues to AAI shall also not be

eligible for the tender.

Note: A declaration to this effect has to be given by the party, while submitting

tender documents in Envelope “A” 6. (a) Tender documents indicating full details of the license can be seen at AAI

website www.aai.aero or www.airportsindia.org

(b) The tendering process is online through AAI e-tender portal http://etender.aai.aero/irj/portal

(c) The bids shall be submitted on the AAI e-tender portal only.

(d) The bids will not be accepted in any other form.

(e) Tenderers are advised to get themselves acquainted with the requirement

for e-tendering at AAI e-tendering portal mentioned above.

(f) Clarification needed, if any may be sent through e-tendering portal only.

7. Cost of e-tender amounting to Rs.2,000/- (Rupees Two thousand only) non-

refundable payment [Including all taxes] is required to be paid online

through HDFC payment Gateway provided at the portal itself.

8. E-bids shall be submitted in two bid system as follows:-

a) Technical e-bid & b) Financial e-bid

9. Critical dates

S.No. Activity Date Time in IST

(i) Download of tender document

from e-tender portal

From 14.12.2015

to 04.01.2016

1730 hrs

(ii) Online submission of bids

(Technical as well as financial)

on e-tender portal

Upto 05.01.2016

By 1500 hrs.

(iii) Opening of technical bids At 05.01.2016 At 1530 hrs.

(iv) Opening of financial bids Date & time of opening of financial bids shall

be intimated separately / subsequently only to

the technically qualified bidders.

10. AAI reserves to itself the right to reject the conditional tenders without

assigning any reason thereto.

11. AAI reserves to itself the right to reject any or all the tenders without

assigning any reason thereof and to call for any other detail or information

from any of the tenderer(s).

12. Licence fee/Royalty quoted by the party will be payable from the date of

expiry of gestation period or date of taking over the site whichever is earlier.

AIRPORT DIRECTOR

AAI,GOA

Page 5 of 33

GENERAL INFORMATION/GUIDELINES

1. Tender documents are not transferable.

2. Following bids shall be submitted through online only e-portal by the

bidder/tender0

i) The technical e-bid through e-portal

ii) The financial e-bid through e-portal

3 The technical bid which will be opened first, shall contain the following documents

specified as under (Bidders shall upload scanned copy of following

documents in readable from at AAI e-tendering portal as part of technical

bid as a single PDF file).

(a) Details of the concern and legal status that is whether it is sole proprietor,

partnership firm or company under Companies Act.

(b) Self attested copies of the PAN card, Sales tax registration certificate (VAT

in States it has become applicable), service tax registration. In case any or

all the provisions mentioned above are not applicable, the party should

give a declaration to that effect. Non submission will not be considered as

an exemption. AAI reserves the right to confirm the legal applicability of

the provisions before accepting the declaration of non applicability as

submitted by the party.

(c) Copies of (duly audited and certified by a chartered Accountant) Profit and

Loss Account/Balance sheet of the sole proprietor concern or a partnership

fir, Annual Report in case of a company as per the companies Act.

(b) Self attested copies of Memorandum and Articles of Association in case of

Companies and partnership deed in case of firms and approved by-laws in

case of co-operative societies.

(c) If the entity participating in any of the tenders is a private or public limited

company, Partnership Firm or Sole Proprietor and any of the

Directors/Partners/ Sole Proprietor of such company is also a Director of

any other company or partner of a concern or a Sole Proprietor having

established business with AAI and has outstanding dues payable to the

Authority, then the said entity may not be allowed in AAI tenders.

(d) No dues certificate.

(1) Self declaration of dues.

The party should submit the details of contracts held (current and past) at

all AAI controlled airports and offices and the details of disputed and

undisputed dues there on along with the details of Security Deposit and

mode of Security Deposit.

(2) No dues certificate from AAI

The party should also enclose the latest no dues certificate issued by AAI

in respect of all airports under its control. It will be the responsibility of the

party to obtain the no dues certificate from all the stations and or offices

of AAI and submit the same with the tender documents if applicable.

(e) Form of unconditional acceptance duly signed.

(f) Declaration giving the particulars of contracts undertaken by the party at

different stations of AAI. The details of blacklisting or debarring effected

by AAI, or any Government of India department, any Central or State

public sector undertaking. (NIL statement to also be filed).

(g) Declaration of cases/action under PPE Act initiated by AAI. (NIL statement

to also be filed).

(h) Declaration giving the details of outstanding dues (disputed and

undisputed).

(i) Experience criteria.

Documentary evidence should be produced for eligibility criteria from

second party.

Page 6 of 33

(m) Any other relevant information/document which tender(s) may consider

appropriate including their expertise and experience in the areas other

than for which tenders invited by AAI.

(n) Documents should be submitted for above tender should be after issuing of

tender.

Important: AAI reserves the right to verify, refer any document to the concerned authority for confirmation from case to case. Mere submission will not bind AAI to accept the documents as valid for

opening financial bid. Non submission of any of the required documents will not be considered as exemption.

4. PAYMENT OF EARNEST MONEY DEPOSIT(EMD) :- EMD of Rs.59,000/-

[Rupees Fifty nine thousand only] shall be accepted online, only through the E-tender

portal via bank transfer in the form of RTGS/NEFT. Vendors shall use the payment

gateway of Indusind Bank/ HDFC bank integrated for the purpose with the AAI E-

tender portal. Note :- EMD in the form of Cash/Demand draft or any other form shall not be accepted. Vendors shall also note that they are not required to contact any AAI employee or submit any documentary evidence of submission of EMD via Bank Transfer in the form of RTGS/NEFT to any AAI employee during the process of the tender. In no scenario the vendors are required to submit contact any AAI employee for physical submission of any documents before opening of the Bids. The tender of the bidders who fail to submit the EMD well before the stipulated time shall be rejected outright. REFUND OF EMD :- EMD of unsuccessfull bidders received through bank transfer mode(RTGS/NEFT) shall be refunded online through the same mode(BT) only and it shall be refunded in the Bank account whose details are provided on the portal at the time of submission of the tender. The refund of EMD to bidders who fail to qualify the eligibility/technical stage shall be initiated automatically within 7 days of their rejection. For all bidders whose financial bids are opened the refund of EMD except for H1, bidder shall be processed within 7 days of opening of the financial bid.

5. Envelope B (Financial Bid)

a) The financial e-bid should be in the prescribed format available at AAI e-

tendering portal. b) The amount of licence fee should be conspicuously written both in

figures as well as in words. Any over writing, correction or insertion should be duly signed by the authorized signatories of the

tenderer(s).

c) In case of discrepancy between the amount offered in figures and words, the offer written in words will only be considered.

6. a) A sole proprietor having concerns under different names will be considered as a single legal entity. PAN card will determine the

single entity criteria hence will be the basis for decision. b) In case of partnership firms, as it does not have any legal entity on

its own, hence if two or more firms are having common partners

Page 7 of 33

then all these firms will be considered as single entity. The principle of implied agency of partner as per the Partnership Act of

India has been taken as the guiding principle. Since the provisions are different in Tax laws hence different PAN card will not entitle

the firms having common partners to be treated as separate entity for the purpose of commercial contracts in AAI.

c) In case of Companies, if the holding company and its subsidiary are participating in the same tender then a disclosure to this effect to

be made at the time of application for tender form. Also it will be mandatory for them to submit the basis and proof of the relationship during the technical bid stage.

d) In case of Foreign Company and its Wholly Owned Indian subsidiary

(WOS) Company are participating in the same tender then a disclosure to be made during the application stage. Also it will be mandatory for them to submit the basis and proof of the

relationship during the technical bid stage.

7. Tenderer(s) should clearly indicate the name & address of their Firm/ Company/ Individual, as the case may be, on both the Envelope and

should clearly indicate the name of the facility for which tender(s) have been invited.

8. The offer of first year license fee will be 10% cumulative escalation for the subsequent years.

9. It may be noted that the Earnest Money Deposit of the successful bidder

may be forfeited and the bidder may be debarred for further participation

in AAI‟s tender(s) for a period of three years, on account of non-completion of the following:-

(a) Acceptance of the offer within 10 days (b) Payment of advance licence fee for one month within 15 days from

the receipt of the award letter. (c) (i) Payment of Security Deposit equal to 4[four] Months of

quoted last year licence fee including Service Tax in the form of Demand Draft/Pay order/Bank Guarantee of a Nationalized/Scheduled Bank in favour of Airports Authority

of India, Goa Airport within 15 days for the licence and; (ii) The SD, if Bank Guarantee should be valid for a period of 3

months from the date of expiry of contract (iii) No interest is payable on SD

(iv) Payment of Security Deposit equal to NIL for electricity/water/telephone etc.

(d) Execution of the Agreement within 15 days; and

(e) Commencement of the facility within 30 days

10. E-tender(s) will remain valid for a period of 180 days from the date of opening of the Technical Bid in Envelope „A‟. If any tenderer withdraw during the validity period, his Earnest Money Deposit will be forfeited.

However, the tender(s) can withdraw their Earnest Money Deposit after

Page 8 of 33

the validity is over or may extend the validity of their tender(s) with consent of AAI.

11. The tenderer(s) shall give the list of his near relatives employed in Airports Authority of India.

12. The successful bidder shall intimate the names of the persons employed by him or going to employ who are near relatives* of AAI employees.

13. Any breach of the conditions at Sl. No. 10, 11 above by the successful

tenderer(s) would render him/them liable to be removed from AAI as a licensee/contractor and shall be debarred from issuing tender papers for

the commercial contracts for a period of 2 (two) years. 14. I/We have carefully read and understood the terms and conditions of the

licence as contained in Tender Documents issued by the Airports Authority

of India (AAI) including the followings. (a) Earnest Money Deposit of Rs. 59,000/- is liable to be forfeited by

AAI ,if on award of licence,I/We do not accept the award or do not fulfill any of the conditions stipulated in tender document within the prescribes time.

(b) On account of non –acceptance of award or on account of non completion of tender conditions within the prescribed time, I/We

shall be debarred by AAI for further participation in the tenders as its airports or at any other place under the control of AAI, for the

period of 3 (three) years. (c) In case the documents submitted by my/our firm along with tender

are false/incorrect, the tender of my/our firm will be liable to be

rejected by giving reason. In addition, AAI reserves its right to forfeit the EMD of my/our firm and debar my/our firm from

participation in the further tender of AAI for the period of 3 (three) years.

15. The AAI does not bind itself to accept the highest or any tender and

reserves to itself the right of accepting the whole or any part of the tender and the tenders and the tender shall be bound to provide the service at

the rate quoted. 16. All the above guidelines will form part & parcel of the E-Notice Inviting

Tenders (E-NIT).

17. AAI reserves itself the right to extend the date of receiving/opening of the bids as well as to extend the validity of the tender.

18. AAI reserves right to reject any or all tender(s) in part or in full without assigning any reason.

*Note: By the term ‘near relative is meant wife, husband, and dependent parents, grant parents, children, grand children,

brothers, sisters, uncle, aunts, cousins and their corresponding in laws”.

Page 9 of 33

TO BE SUBMITTED IN ENVELOPE ‘A’ (TECHNICAL BID)

ACCEPTANCE LETTER (Scanned copy to be attached in e-technical bid)

To

The Airport Director Airports Authority of India,

Goa. Sir,

ACCEPTANCE OF AAI’S TENDER CONDITIONS

1. The E-tender documents for the facility for an award of License for Collection and

Disposal of Garbage facility at NITB, Goa have been provided to me/us by Airports Authority of India and I/We hereby certify that I/We have inspected the site and read the entire terms and conditions of the tender documents made available to me/us which shall form part of the contract agreement and I/We shall abide by the conditions/clauses contained therein.

2. I/We hereby unconditionally accept(s) the tender conditions of AAI‟s tender documents in its entirety for the above facility.

3. The contents of clause 11 of Notice Inviting Tender of the tender

document have been noted wherein it is clarified that AAI reserves the right to reject the conditional tenders without assigning any reasons thereto.

4. „I/We declare that I/We have not paid and will not pay any bribe to any

officer of AAI for awarding this contract at any stage during its execution or at the time of payment of bills, and further if any officer of AAI asks for bribe/gratification, I will immediately report it to the Appropriate Authority

in AAI‟.

5. The Earnest Money Deposit of Rs 59,000/- has been remitted through online for the above facility

Yours faithfully,

[Signature of the Tenderer]

With rubber stamp Date:

Page 10 of 33

LICENCE AGREEMENT

SUBJECT: Award of License for Collection and Disposal of Garbage facility at NITB of Goa International Airport.

THIS AGREEMENT made this______ day of _________ of Two Thousand Fifteen

between the Airports Authority of India, a body corporate constituted by the Central Government under the Airports Authority Act (Act 55 of 1994) and having its corporate office at New Delhi and offices at all the Airports in India

represented by Airport Director hereinafter called the 'Authority' (which term shall, unless excluded by or is repugnant to the context, be deemed to include

its Chairman, or Member, Executive Directors, Airport Directors, Officers or any of them specified by the Chairman in this behalf, and shall also include its

successors and assigns) of the one part, and __________________________ represented by _____________________ of the other part, hereinafter called the 'Licensee' (which term shall unless excluded by or is repugnant to the

context, be deemed to include its heirs, representative, successors and assigns of the Licensee).

WHEREAS the Authority is entitled in 'Law' to grant licence at its Goa International Airport for the purpose of setting up of Collection and Disposal

of Garbage facility so as to provide amenities and facilities to the passengers

and visitors at airport and is in possession of space, more fully described in the

schedule hereunder and in the plan annexed to this agreement, hereinafter referred to as the premises.

WHEREAS the Licensee is desirous to render the services to the Authority on the terms & conditions mentioned hereunder:

AND WHEREAS the Authority is agreeable to grant the licence.

NOW, THEREFORE, this indenture witnesseth:

1. That the licence for the said facility shall be valid for the period of 3 (three) years from _________ to ________. unless terminated earlier on

account of following: (a) By giving 60 days notice in writing from either side without

assigning any reason.

(b) Terminated by AAI on a short notice on account of un-satisfactory performance.

(c) Termination on expiry of the specified time period allotted for unresolved internal dispute resolution.

The licensee shall necessarily operate the contract minimum for 50% of the contract period, failing which the licensee/lessee may be debarred from participating in any tender in the AAI for a period of 1 (one) year.

Page 11 of 33

2. That in consideration, Licensee shall pay the Authority every month in advance by way of licence fee on or before 10th day of English calendar

month as under:

Years Amount of Monthly License Fee + Utility Charges +

Service Tax as applicable

1st Year

2nd Year

3rd Year

3. That in addition to the above said licence fee, Licensee shall pay all

charges towards consumption of electricity and water as may be due as determined by the Authority and at the rate(s) fixed by it from time to

time. Such charges shall be paid within the date(s) specified in the bill(s). The Licensee shall have to provide his own meter(s) for the purpose, failing which Licensee shall be billed on assessed consumption. In default

of payment of said charges, the Authority may without prejudice to its other rights disconnect or cause to be disconnected the water and

electricity to the said premises without any notice and the Licensee shall not be entitled to any compensation whatsoever on account of any such disconnection.

4. That the Licensee shall pay all rates, assessments, out goings and other

taxes as leviable on the Licensee in „Laws‟. 5. That the Licensee shall make payment of licence fee etc. by demand

drafts drawn on local banks. No outstation cheque shall be accepted in payment of licence fee etc.

6. That in the event of failure to pay the licence fee and other charges by

due dates, simple interest @ 12% per annum be payable, as per AAI credit policy, on all delayed payments without prejudice to the Authority's other rights and remedies.

That in the event of failure to pay the licence fee and other charges by due dates, in the event of outstanding dues exceeds one month, the

Authority may without prejudice to other rights and remedies be entitled to charge penal interest @ 12% per annum on delayed payments for the first month and thereafter 18% per annum on delayed payments for

maximum of two months thereafter. During this period, the licensee shall be issued notice for clearance of outstanding dues. If the licensee fails to

clear the dues with in said period of 2 (two) months, the contract shall be terminated and the all dues alongwith penal interest shall be adjusted from the Security Deposit, without grant of any extension whatsoever.

7. That the Licensee shall deposit a sum of Rs. _________ (Rupees

____________________________ only ) i.e. an amount equal to 4 (four) months of quoted last year licence fee including Service Tax as Security Deposit in the form of Demand Draft/ Bank Guarantee from a

Nationalised/Scheduled Bank in favour of Airports Authority of India, Goa

Page 12 of 33

Airport. In the event of the Licensee committing any breach of the terms & conditions of the licence agreement, the Authority may without

prejudice to other rights and remedies be entitled to forfeit/adjust the total amount of the Security Deposit or any part thereof. In such an even

he shall pay in the same manner as stated above such additional sum immediately as he may be called upon by the Authority to pay, so that the Security Deposit shall at all times during the continuance of these

presents, be for the same amount. On the expiration or earlier determination of the licence the Authority shall return the Security Deposit

or part thereof which has not been forfeited as aforesaid, to him, without interest.

8. That the Licensee shall deposit in cash/Pay Order nil as Security Deposit towards Electricity Charges.

9. That the Licensee shall equip himself with all necessary permits, licences and such other permissions as may be required under the law in force at any time with regard to the operation of the subject licence.

10. That the Licensee shall maintain such regular and proper account books along with other supporting documents regarding sales effected by the

Licensee in the said premises and said accounts/documents shall all the times be kept open for inspection by Authority in such manner as may be

prescribed. The Licensee shall provide to the Authority, if so required by the Authority, Statements of audited Accounts in such manner and within such period as the Authority may prescribe. Licensee shall be liable to

share invoicing details live with AAI.

11. That the Licensee shall have no right to object as and when the Authority

decides to grant additional License for similar facility at the airport premises where the Licensee is rendering such services.

12. That Authority shall provide bare space for the subject services and other expenses of any kind for establishment and rendering of the services shall

be incurred by the Licensee. However, provisions of electricity, water and drainage connections, as the case may be, if so required, for the smooth operation of the services shall be provided by the Authority.

13. All the times during the currency of the licence agreement, it shall be the responsibility of the licensee to obtain proper fire insurance coverage

including theft and burglary in respect of all the movable and immovable assets stored or used in the licensed premises and authority shall not be responsible for any loss or damage caused to the licensee on any accounts

whatsoever.

14. That Licensee shall operate the subject facility by charging the rate from

users, as may be approved in advance by the Authority. Licensee shall exhibit the said approved charges at a conspicuous place inside the

licensed premises. 15. That the authority reserves to itself the right to change the location of the

premises at any time and may at its discretion, call upon the Licensee to vacate the site and may give him an alternative premises for the purpose

Page 13 of 33

of this licence. In such a case, the Licensee shall be bound to vacate the premises immediately and accept the said alternate premises. The entire

expenditure on such shifting shall be borne by him and the licensee shall not be entitled to claim any compensation or revision in the licence fee on

that score.

16. The Licensee shall use the premises for the bonafide purpose as provided

in the Agreement, more particularly described in the enclosed schedule, for the use of all passengers and bonafide visitors to the Airport and Officers of the Authority and the staff of various Airlines using the Airport

and for no other purpose.

17. The Licensee shall not erect or display any advertisement or signboards

except after obtaining the prior approval in writing of the Authority.

18. The Licensee shall not terminate the licence before the expiry of the

period of the licence except by giving 60 days notice in writing and payment of Demurrage charges as per Exit clause I©, otherwise the

Licensee shall be liable to pay to the Authority (without any demur or question) such amount of money as the Authority may decide as due to it by the Licensee. The licence can be terminated by the Authority by giving

60 days notice in writing without assigning any reason thereto.

19. In the event of any default, failure, negligence or breach, in the opinion of

the Authority on the part of the Licensee in complying with all or any of the conditions of the licence agreement, the Authority will be entitled and

be at liberty to determine the licence forthwith and resume possession of the premises without payment of any compensation or damages and also forfeit in full or in part the amount deposited by the Licensee for due

performance of Agreement.

20. The Authority and the Licensee further agree that they are bound by the

General Terms & Conditions found in Annexure „X‟ annexed hereto.

SIGNED BY ___________________________ AIRPORT DIRECTOR,

AIRPORTS AUTHORITY OF INDIA, GOA INTERNATIONAL AIRPORT, FOR AND ON BEHALF OF THE AIRPORTS AUTHORITY OF INDIA, IN THE PRESENCE OF:

AIRPORT DIRECTOR WITNESS:

1. 2.

SIGNED BY ________________________ FOR AND ON BEHALF

OF_________________________________________ IN THE PRESENCE OF:

WITNESS:

1. 2.

Page 14 of 33

SCHEDULE OF PREMISES

1. Space measuring : As per requirement 2. Location at : Operational Area and NITB

3. Purpose : Collection and Disposal of Garbage facility

Page 15 of 33

Annexure ‘X’

GENERAL TERMS & CONDITIONS

The Authority hereby covenants with the Licensee as follows:

1. The Licensee, his servants and agents shall be entitled to use all ways,

paths and passages as may from time to time be maintained on the said airport ground subject to such rules and regulations as may be imposed

by the lawful authorities of the airport ground. 2. The Licensee paying the licence fee and performing the covenants herein

contained and on his part to be performed shall and may peacefully possess and enjoy the premises with use of the ways, paths and passages

as aforesaid during the said term without any lawful interruption from or by the Authority or any person claiming under the Authority.

3. Any notice required to be served on the Licensee under this Agreement shall be deemed to have been served if delivered at or sent by registered

post to his last known address or to his authorised representative or agent. Similarly, any notice to be given to the Authority under this

agreement shall be deemed to have been served if delivered at or sent by Registered post to the Authority who should invariably acknowledge the notice.

a) The period of notice given under this Agreement will count from the

date of receipt of notice by either side.

4. Subject as herein before otherwise provided, all notices to be given on

behalf of the Authority and all other actions to be taken on behalf of the Authority, may b e given or taken on behalf of the Authority by the Airport

Director of the Airport or by any other officer for the time being authorised by or entrusted with the functions, duties and powers of the said Airport Director, in respect of the airport under his charge.

5. (a) The Licensee shall not, unless with the written consent of the

Authority, create a sub-contract of any description with regard to this licence or any part thereof, nor shall be without such written consent as aforesaid, assign or transfer his licence or any part

thereof.

(b) The Licensee shall use the premises only for the purpose indicated in this Agreement and for no other purpose whatsoever.

6. The Licensee his agents and servants shall observe, perform and comply with all rules and regulations of the Shop and Establishment Act, Factories

Act, Industrial Disputes Act, Minimum Wages Act and the provisions of any statutory law applicable to the Licensee including any rules and regulations made by the Authority, Civil Aviation Department or any other

Department of Government and or local body or administration in force from time to time and to the business which the Licensee is allowed to

Page 16 of 33

carry on under this Agreement and to the area in which the said premises are located.

7. (a) The Licensee shall Indemnify the Authority from/against any claims

made or damages suffered by the Authority by reason of any default on the part of the Licensee in the due observance and performance of the provisions of any law which may be related to

the purpose of this Agreement and to the area in which premises are located.

(b) The Authority shall not be responsible in any way for loss or

damage by any means causes to the Licensee's stock or property.

8. The Licensee shall at his own cost maintain the premises in a proper state

of cleanliness and abide by such directions as may be given by the Authority and such other departments as may be entrusted by the rules and regulations with the works of inspection and enforcement about the

conditions of sanitation, cleanliness and hygiene. If the premises is not maintained in reasonably clean condition by the Licensee, Airport Director

shall have powers to get the premises cleaned at the risk & cost of the Licensee and recover liquidated damages at the rate of Rs.500/- per day

for each default upto 7 days and thereafter Rs.1000/- per day and can take other actions including termination of the licence.

9. The Licensee shall comply with the requirements of all standard health clauses including those given below:

i. The Airport Health Officer/Medical Officer of AAI or persons

authorized by them may without notice, enter the premises any

time and inspect the premises, materials, instruments and implements etc. used by the Licensee.

ii. All the instructions given by the Airport Health Officer/Medical

Health Officer of AAI or any persons authorised by them in the

maintenance of public health of the Airport including sanitation control prevention of infectious diseases, control and prevention of

nuisance from insects, rodents, or any other source, shall be carried out by them and his agent and servants.

iii. The Licensee shall notify to the Airport Health Officer whenever any person working under him is suffering or suspected to be suffering

or convalescing from any infectious disease. The Airport Health Officer may medically inspect the said person or any person who is suspected to have been in contact with the person and take any

precautionary and preventive measures considered necessary.

iv. The Licensee his agents and servants shall not without consent of

the Airport Health Officer, interfere with injure, destroy or render useless any work executed or any materials or things placed in, under or upon any land or building by or under the orders of the

Airport Health Officer with the object of preventing the breeding or entry of mosquitoes or maintenance of sanitation.

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v. The Licensee, his agents and servants shall not abuse the water sources, and drainage facilities in the airport area so as to create a

nuisance or insanitary situation prejudicial to public health.

vi. In the event of any default, failure, negligence or breach in the

opinion of the Authority, on the part of the licensee in complying with either of these conditions specified in the foregoing sub-clause

(i) to (v), the Authority will be entitled and be at liberty to determine the Licensee forthwith and resume a possession of the premises without payment of any compensation or damages and

forfeit in full or in part the amount deposited by the Licensee for due performance of the Agreement.

10. The Licensee shall employ only such servants as shall have good character and as well behaved and skillful in their business. He shall furnish the

Authority in writing with the names, parentage, age, residence and specimen signature or thumb impression of all servants whom he proposes to employ for the purpose of this Agreement before they are so

employed and the Authority shall be at liberty to forbid the employment of any person whom it may consider undesirable. The servants employed by

him shall be under the general discipline of the Authority and shall confirm to such directions as may be issued by the Authority in respect of points or routes of entry to and exit from the premises and in respect of the use

of toilet and wash rooms. He shall also have the Character of all persons employed by him verified by the police to the satisfaction of the Authority,

before the employment.

11. (a) The Licensee would be required to install adequate number (as

may be decided by Fire Officer or any other authorised Officer of AAI depending upon the area of the licensed premises) of minimum a 2.5 Kg. CO2 fire extinguisher in the licensed premises at his cost

before commencement of business. (b) No wooden partition/inflammable materials shall be permitted in

the licensed premises. The material to be used for partition/fabrication of the shop/office premises shall be as per the specification given by AAI and to be got approved by AAI in

advance. (c) Licence shall not use a naked light or cause or permit any such light

to be used in the licensed premises.

12. The Licensee shall not damage the premises for any part of the Airport

premises and in the event of any damage being caused to the same intentionally or otherwise, by the Licensee, or his employees or invitees or customers, the Authority shall be entitled to repair the damage or make

the requisite replacement and call upon the Licensee to replacement and call upon the Licensee to reimburse cost thereof which the Licensee

undertakes to pay forthwith on demand.

13. The Licensee shall not store or bring or keep in the premises heavy

articles so as to injure or damage the premises or keep goods of combustible or inflammable nature unless required for executing the licence.

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14 (a) The Licensee shall not use electrical heater, toaster and other allied

appliances in the premises for preparation of tea, coffee and for heating of food etc. unless specifically provided under the Agreement to perform contractual obligations.

(b) The Licensee hereby agrees to provide necessary training to the employees posted in the licensed premises for handling fire

extinguisher as provided in the terminal/licensed premises.

15. The Licensee will, during the continuance of this licence insure against any

claim for workmen's compensation or otherwise of all persons employed by him in connection with his business to be carried on as aforesaid with

such insurance company as the Authority shall approve of and shall produce for inspection on demand by the Authority all policies in respect thereof and the receipts from time to time for current premium.

16. In the case of such breach of the terms of this licence as minor offenses and complaints coming to its notice for which in the opinion of the

Authority this Agreement need not be terminated, the Authority may at its discretion recover compensation from the Licensee upto the limit of the security deposit of the Licensee. The decision of the Authority in this

respect will be final and binding on the Licensee.

17. The Licensee shall not hold or permit to be held any public or private

auction in the licensed premises.

18. It shall sell articles in the premises at prices which shall be marked on the

articles or on tags attached thereto an it shall not be excess of the retail prices/fair prices fixed by the manufacturers or Government or any other

local authority whichever is lower or controlled price in case such controlled price has been fixed by any authority and in all other cases, not exceeding the reasonable market rates for similar goods. The Authority

can after giving reasonable opportunity to the Licensee to show cause, itself fix the price of any article or articles, if, in its opinion, the prices

charged are unreasonable or exorbitant and there upon the Licensee shall sell only at the price so fixed by the Authority and he/she shall also be liable to refund to any customer any amount in excess paid by such

customer for any articles in excess of the price so fixed.

19. It shall be obligatory for the Licensee to keep in stock and in case they are intended for distribution, distribute the same and display, literature, produced and released by the Publication Division of Government of India

and/or Tourism Department of the Central Government or of the State Government within whose jurisdiction the Airport is situated on such

terms & conditions as may be fixed by the said Publications Division or said Tourist Department.

20. The Licensee shall not stock, sell, display, exhibit for sale any books, magazines, newspapers or periodicals, statues, idols or other articles which are repugnant to morals or indecent and immoral, improper or

otherwise objectionable in character, it being expressly agreed that the decision of the Authority shall be conclusive in this behalf and absolutely

Page 19 of 33

binding on the Licensee and shall not be subject to any dispute or review. Apart from any other legal/disciplinary action, the Licensee shall

immediately remove such book, journal or articles from premises, if, as decided by the Authority it is objectionable in any manner to keep, exhibit

or sell the same.

21. The Licensee shall maintain a complaint book in a prominent place in the

premises and in such a way that it is easily accessible to any person who wishes to record any complaint and the said book shall be open for inspection by the Airport Director of the Authority.

22. If because of any strike or lock-out either in the Airport or in any airline, the Licensee is unable to function or his business is affected, the Authority

shall not be liable for any loss which the Licensee may suffer in such an event. However, rebate in the licence fee due to ban on visitors entry at

the airport and due to natural calamities and due to declaration of the closure of the airport for total operation shall be granted as per the merit of the case and policy laid down by AAI from time to time.

23. In the event of the Licensee being prohibited from selling one or more articles in the premises because of Government Laws/Rules/

Regulations/Orders, the Authority shall not be liable for any loss suffered by the Licensee in such an event the Licensee shall not be entitled to any

reduction in the fees payable to the Authority or permission for sale of additional items.

24. The Licensee shall deposit duplicate keys of the premises with the Authority whenever the Airport Director demands and permit the Authority to make use of the keys during the emergency. The Licensee shall not

remove or replace the lock on the outer door or change the locking device on the said outer door of the shop.

25. The Authority do not recognize any Association of the Traders and in case any negotiation/bargain necessary with regard to the clarification of the

Terms & Conditions of the Licence or modification thereof such negotiations should be sought by the Licensee alone and no collective representation/bargaining will be entertained.

26. On expiry of the licence period or on termination of the licence by the

Authority on account of any breach on the part of the Licensee, the Licensee shall deliver the possession of the premises in good condition and in peaceful manner along with furniture, fittings, equipments and

installations, if any, provided by the Authority. Further, Licensee shall remove his/their goods and other materials from the premises

immediately, failing which Authority reserve its right to remove such goods/materials at the cost & risk of the Licensee and demand payment for such removal. If such payment is not made within 10 days, Authority

shall be at liberty to dispose off the goods/materials of the Licensee by public auction to recover the cost. The Licensee shall not be entitled to

raise any objection in such an eventuality.

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27. The licence herewith granted shall not be construed in any way as giving or creating any other right or interest in the said

space/building(s)/land/garden/tank/premises to or in favour of the licensee but shall be construed to be only as a licence in terms &

conditions herein contained.

28. The Authority, its servants and agents shall at all times have the absolute

right of entry into the said premises.

29. The provision of the Public Premises (Eviction of Unauthorised Occupants)

Act, 1971 and the rules framed thereunder which are now in force or which may hereafter come into force shall be applicable for all matters provided in the said Act.

30. All disputes and differences arising out of or in any way touching or concerning this Agreement (except those the decision whereof is

otherwise herein before expressly provided for or to which the

Public Premises (Eviction of Unauthorised Occupants] Act and the rules framed there under which are now enforced or which may

hereafter come into force are applicable), shall, in the first instance, be referred to a Dispute Resolution Committee (DRC) setup at the

airports, for which a written application should be obtained from the party and the points cleared spelt out. In case the dispute is not

resolved within 45 days of reference, then the case shall be referred to the sole arbitration of a person to be appointed by the

Chairman/Member of the Authority, subject to the condition:-

a. That the licensee shall have to deposit the disputed amount with AAI as condition precedent before making reference to the

Arbitration for adjudication of dispute. b. Similarly, before making a reference to Dispute Resolution

Committee, the licensee will have to first deposit the disputed

amount with AAI and the consent shall have to be obtained from the licensee for acceptance of the recommendations of the

Dispute Resolution Committee. c. During the arbitral and Dispute Resolution proceedings the

licensee(s) shall continue to pay the full amount of licence fee/ dues regularly as per the award/ agreement and perform all

covenants of the agreements.

31 The award of the arbitrator so appointed shall be final and binding on the parties. The Arbitration & Conciliation Act 1996 shall be

applicable. Once the arbitration clause has been invoked, the DRC process will cease to be operative.

It will be no bar that the Arbitrator appointed as aforesaid is or has

been an employee of the Authority and the appointment of the Arbitrator will not be challenged or be open to question in any Court

of Law, on this account.

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32. In case of any dispute where legal action is compelled to be initiated

by any of the party, jurisdiction of the court shall be the city/town/district where the airport is located.

(SIGNATURE OF LICENSEE)

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EXIT CLAUSE

I. a) Normal termination: The contract will deem to be terminated on the last

date as given in the agreement provided the extension or renewal is approved by the

Competent Authority on or before the last date and communicated to the party in writing

and duly accepted. The liability of the party will continue to be payable along with the

delayed interest (at the rate mentioned in the contract) till the same is settled. The

contractor cannot claim the dues to be time barred or ultra vires even if after the

contract is deemed to have terminated by operation of this clause.

b) Termination for cause: If the party or AAI has invoked the internal dispute

resolution clause (as per which the dispute referred to the DRC is to be completed within

a period of 45 days) and the same remains unresolved after the specified time period, it

will be deemed that the notice period for the termination has commenced from the next

date within which the dispute should have been resolved. No extra notice need be

served by either party and the contract will terminate after the expiry of the notice

period. If such termination happens to fall within 50% of the contract period then the

party is liable to pay AAI the value of license fee equal to the amount of current license

fee for the six months as demurrage charges. However, the notice for termination will

deem to have commenced irrespective of the arbitration proceedings.

c) Termination for convenience: Either party, AAI on one part and the

contractor on the other part can serve the notice for termination by giving the requisite

notice period. The notice by AAI to be served only after obtaining the approval of the

acceptance authority. Similarly the notice given by the party should be approved by the

acceptance authority. However the date on which notice was received at AAI will be the

commencement of the notice period and the administrative time required for the

approval will not be added. If the party has served the notice, then the party is liable to

pay demurrage charges. The demurrage charges will be equal to the amount of six

months current license fee if the termination occurs before the 50% period of the

original contract. The period of 6 months will be reduced to 4 months if the contract

period served exceeds the 50% period but is less than 75%. If the period served

exceeds 75% and the period remaining is more than the required notice period for

normal termination the demurrage will be equivalent to 3 months license fee.

d) Termination for regulatory/legislative or supervisory requirements.

If any provision of law or legislation of India makes it mandatory to stop/prohibits

the continuation of any contract at any particular location or otherwise then it will

deemed to be closed from the date of such enactment. No compensation is payable by

AAI.

II. Exponential Penalty on licensees @ double the licence fee per month in the form

of damage charges can be imposed on licensees unauthorizedly occupying the premises

after expiry of contract period.

(SIGNATURE OF LICENSEE)

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ANNEXURE –IV

AIRPORTS AUTHORITY OF INDIA

FIRE EXTINGUISHER CLAUSE

1. The Licensee hereby undertakes not to use Gas heating / naked lights, in the terminal building, other than inside the counter/ premises/

restaurant/ canteen, for which the license has been issued. 2. The Licensee hereby undertakes to keep adequate number of „Ash trays‟

in the smoking area and to provide „ No smoking ” sign boards in the non- smoking areas, as specified by the authority, for the purpose of this

license. 3. The Licensee hereby undertakes to take utmost caution to prevent

spillage of fuel oil or other hazardous chemicals in the terminal building. In the event of total prevention is perfectly impossible, th licensee shall

provide suitable bins/ trays in the appropriate places for collection of such spill and shall dispose the collected spillage properly to avoid hazard or

danger to hygienic condition of the premises. 4. (a) The licensee undertakes to provide adequate „Fire protection

system‟ as per building code of India, at his own expenses, in the premises covered by in this license.

(b) The Licensee shall install, at his own cost CO2 Fire extinguishers,

of the minimum weight of 2.5 kgs., in the premises under the license.

5. The Licensee undertakes to obtain prior permission from competent

authority for hot/ cold work in case during alternate use of heat, naked, flame electricity or high pressure condition is to be made.

6. The Licensee hereby covenants not to keep or cause any obstruction in the exit and escape routes in the premises under license.

7. Wherever there are „Smoking‟ and „Non-smoking zones‟, the licensee shall

keep the fire separation doors closed.

8. The Licensee undertakes to provide adequate number of „Waste bins‟ with

proper lids, in the appropriate places of the premises under this license. 9. The Licensee hereby undertakes not to obstruct the location of the fire

points, fire extinguishers, fire hydrants, detectors and other operating points of any fire protection system.

10. The Licensee shall not exceed the loading limits of power source as

specified by the authority and shall not do any loose or temporary

connections in the terminal building.

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11. The Licensee undertakes to educate the people to be deployed in respect of this license to be more conversant with emergency evacuation

procedures and handling of portable fire fighting equipments.

12. The Licensee shall always communicate the required means of communication to communicate with the Airport Fire Station in case of emergency.

13. The Licensee shall submit the premises for inspection of Fire prevention

measures every quarter and the recommendations made by inspecting officer shall be complied with by the Licensee.

14. The Licensee hereby agrees to provide necessary training to the employees, posted in the premises, for handling fire extinguishers as

provided in the terminal / licensed premises.

Signature of the Licensee ---------------------------------------

with seal : ---------------------------------------

Signature of Airport Director -------------------------

with seal -------------------------

Page 25 of 33

ANNEXURE-V ADDITIONAL FIRE CLAUSE

1. The licensee shall not use electrical heater, toaster, electric kettle and other

allied electrical appliances in the shops and offices. 2. The licensee shall not use naked light of any kind in the shops and offices. 3. The licensee shall get their electrical circuit tested, at least, once in a year

and any defect noticed should be rectified immediately. Licensee shall submit the test report issued by electrical Supervisory Licence holder or engineer to the

Airport Controller. 4. Electrical cable should not be laid on the false ceiling, or on the partition wall. Cable, where required, should be laid on metal cable trays.

5. Miniature circuit breaker and metal clad distribution board should only be used for electrical installation and distribution. ELCB should also be incorporated

in the circuit. 6. Main switch board, electric meter, distribution board should not be fixed on the combustible material nor in the combustible panels.

7. Over loading of the circuit is prohibited and no temporary connection should be made, without specific approval of Airport Controller

8. Combustible material should not be stored under/close to the electric switch board/distribution board /meters and approach to electrical board should be kept

clear. 9. If in the allotted space, no false ceiling is provided, false ceiling will not be provided by the allottee, without specific approval from Airport Controller.

10. Internal partition/any modifications are not permitted unless written permission is obtained from Airport Controller.

11. Storing of any type of material above the false ceiling is prohibited. 12. Allottee shall get his personnel trained in use of fire extinguisher. 13. Allottee shall not store combustible material more than seven days use in

the offices situated in terminal buildings. 14. Two 09 ltrs. Capacity water type extinguishers and one 4.5 kgs CO2

extinguishers shall be installed. 15. Battery operated emergency light shall be provided in shops. 16. Telephone Numbers of fire control room shall be displayed.

17. NOC shall be obtained by the allottee from city fire service for carrying out any modification.

18. Storing of liquid fuel of any type is strictly prohibited.

(SIGNATURE OF LICENSEE)

Page 26 of 33

SPECIAL TERMS AND CONDITIONS FOR COLLECTION AND DISPOSAL OF GARBAGE.

1. The licensee shall not unless with the written consent of the Authority, create a sub contract of any description with regard to this licence or any part thereof nor shall be, without such written consent as aforesaid, assign or transfer this license to any part thereof. 2. Designated garbage shed shall be used as central point for collection of garbage, sorting and further disposal. 3. All materials equipments, tools including disinfectants, trucks, etc., required for the above contract shall be arranged by the Licensee at his own cost. 4. The Licensee shall sprinkle disinfectant at the garbage collection points after picking up the garbage. 5. The bidder shall possess the valid licence from the City Corporation, Municipal Authorities etc (if necessary) for collecting /dumping of the garbage in the designated locations/authorized by Govt. of Goa for Garbage collection and disposal. 6. The garbage shall be disposed off maintaining all safety precautions as permitted by the State Government, for which the sole responsibility lies with the contractor. 7. Garbage shall be collected as prescribed by Govt. /other environmental regulatory agencies and shall be moved out of the Apron area in one go only, subject to security check etc. 8. If any hazardous or chemically deteriorating material is observed by the Airlines concerned/Customs officials/Airport operator/other regulatory agencies etc., the same shall be handled by the Garbage agency with care and disposed off under the strict supervision of state police, wherever required. 9. It is the sole responsibility of the Licensee to dispose off the garbage/solid waste in the manner as prescribed by Pollution Control Board/Local authorities. 10. The Authority has a right to check, search, examine the persons and the belonging of the employees/ representatives and agents of the contractors while entering/ leaving the premises and they shall not leave the premises unless authorized by the concerned authority. 11. On account of unsatisfactory performance such as (i) Not maintaining the quality in providing service/facility (ii) Time taken for collection and disposal of garbage, the penalty of Rs.500/- per default shall be imposed. 12. The garbage will be removed from the bins and areas surrounding the bins completely and transported in covered vehicles strictly without spillage and littering the roads and airport premises. The Garbage collection points in the Airport shall be kept clear of any dumps or spill outs by the Licensee himself. 13. The successful agency has to remove garbage/solid waste from the dustbins provided in the Operational area/Air side, City side and from any other locations as directed by AAI from time to time in the vicinity of Coimbatore International Airport. 14. AAI does not guarantee the quantity of garbage and the entire garbage is to be removed on as-is where-is basis. However, the licensee is permitted to take away any valuable item that he wants from the collected garbage. 15. Garbage shall be disposed off at the Government authorized garbage dump yard at his cost. 16. The licensee shall not carry out any sorting of garbage in the operational area/or in the premises of airport except the designated garbage yard.

Page 27 of 33

17. Frequency of collection of garbage will normally be twice a day but AAI may ask for increasing the frequency as per discretion/requirement. 18. The removal of garbage of International flights and its exit may be subjected to security check and X-ray by the Custom or other designated/regulatory authorities wherever required. 19. The dustbins for disposal of garbage at designated points shall be provided by AAI. 20. Since the Airport is ISO certified airport, the licensee should also comply with all the ISO standard and should also comply with requirement of ISO14001- 2004 Environmental Management System. 21. The contractor has to deploy adequate number of manpower at his cost for collecting the garbage from the designated areas of the airport. 22. The agency has to obtain/submit Airport Entry Passes at his own cost and as per BCAS guidelines. Delay in this regard shall be the sole responsibility of the licensee. 23. Employees of the licensee while on duty at airport should be in the AAI’s approved uniform provided by the licensee at the licensee’s cost and should bear the identity cards along with name badges. If any employee of the licensee is found without uniform, penalty @ Rs.100/- per employee per day will be levied by AAI. 24. The employees engaged for the task of garbage removal shall engage themselves, for the specific purpose for which they are employed. In case any employee is found engaged in doing any other work, his entry permit shall be confiscated and cancelled and the Licensee shall dispense with his services forthwith and arrange replacement in his place immediately. The above Special Terms and Conditions shall form part of the agreement.

(SIGNATURE OF LICENSEE)

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ANNEXURE - VI

FORM OF BANK GUARANTEE

(To be executed on Non-Judicial Stamp Paper of Rs.100/- by the

successful tenderer)

WHEREAS by a Licence Agreement dated __________________ made between

AIRPORTS AUTHORITY OF INDIA, the Licensor (hereinafter called “the AUTHORITY) of the one part and ____________________________________________________ (hereinafter

referred to as “the Licensee”) of the other part, the Authority has granted to the Licensee the licence for operating the ________________________________

(complete name and place of work) and the Licence Fee and Royalty and other charges and for the due and performance of the covenants and conditions as stated or contained in the said Licence Agreement.

1. Now therefore in consideration of the promises aforesaid and the at the

request of the licensee we, _________________________ do, hereby irrevocably and unconditionally undertake to pay to you, the

Authority on demand and without demur or protest and without reference to the Licensee, any sums of money at any time or from time to time demanded by the Authority on account of the Licence Fee and Royalty and

other charges due from the Licensee (inclusive of any costs or expenses and interest) and or by way of losses and damages caused or that would

be caused to the Authority by reason of any breach by the Licensee of any of the terms or conditions of the said Licence Agreement and AAI shall we sole judge for this demand: PROVIDED that our liability under this

Guarantee shall be limited to a sum of (Rupees………………………/USD………..……..) and extended for the amount

increased from time to time as aforesaid. 2. Notwithstanding any right the Licensee may have against the Authority or

any dispute raised by the Licensee or any suit or proceedings pending in any Court /Tribunal/ any statutory authorities relating thereto or before

any Arbitrator(s), your written demand stating that the amount is due to the Authority as stated herein above shall be conclusive evidence to us that the amount demanded by you, the Authority is payable under the

terms of the said Licence Agreement without any consent or knowledge of the licensee.

3. We shall not be discharged or released from the aforesaid undertaking

and guarantee by any variation(s) or any of the terms & conditions of the

said Licence Agreement made between the Authority and the Licensee and or any act of omission on part of AAI or any indulgence to the Licensee by

the Authority or any forbearance whether as to payment, time performance or otherwise or to enforce any of the terms and conditions of the said Licence Agreement without our consent and knowledge.

4. This Guarantee shall be a continuing guarantee and binding on us and our

successors and assignee(s) and shall not be discharged or affected by any

Page 29 of 33

change in the constitution of _______________ or that of the Licensee or the Authority.

5. We further confirm that the Guarantee has been issued with due

observance and compliance of the appropriate Exchange Control laws and Foreign Exchange Regulations and applicable laws as in force in India.

6. This Guarantee shall be valid till ________________ and you have the right to encash this Guarantee up to ____________ from the said date

unless extended on demand by AAI.

NOTWITHSTANDING anything contained herein:

I. Our liability under this Guarantee shall be limited to a sum of

_______________ during the currency of the contract and 3 months thereafter.

II. This bank guarantee shall be valid up to ____________ and you have the right to encash this guarantee up to 90 days from the said date.

III. We are liable to pay the guarantee amount or any part thereof under this

bank guarantee amount or any part thereof under this bank guarantee only and if you serve upon as a written claim or demand on or before _____________.

For Bank name Dated:

Place:

Witnesses:

Page 30 of 33

GUIDELINES TO BIDDERS FOR PARTICIPATING E-TENDERING

1. Electronic Procurement and Tendering (Bidding) portal of AAI

1.1 The bidders can visit and download the electronic bids (tenders) of AAI by

visiting the e-tendering and procurement system of AAI at the following

address (URL).

https://etender.aai.aero/irj/portal 1.2 The portal can also be visited from the website of AAI http://www.aai.aero,

where a link as “E-Tender” has been provided on the home page for this

purpose.

1.3 Please 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.

2. Pre-requisites to submit tenders on line

a. As a first step each bidder is required to register himself before he can

proceed with the procurement and online submission of tenders on this

portal. On successful registration the user ID is displayed on the screen

and an e-mail containing user ID and password is sent to the bidder.

Kindly note down your user ID for all future correspondence. The detailed

registration process is given below in section-4. The registration process

is free without any charge.

b. For encryption and online submission of Bids the bidder should have a

legally valid Class III digital certificate 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 seen by visiting the link http://www.cca.gov.in.

c. The tender fee for the procurement of the tenders is required to be paid

online through the payment gateway. The gateway at present accepts all

valid VISA/MASTER cards. The payments are governed by the rules and

regulations of the payment gateway. AAI shall not be responsible for

denial of payment or non acceptance of the credit card by the Banking

gateway.

3. Recommended Browser & JAVA component:

3.1 The recommended browser for this portal is Internet Explorer (version

8.0). Other browsers like Mozilla Firefox etc. may encounter some

problem and should not be used.

3.2 The link to the JAVA component required for accessing the portal

successfully and downloading and uploading the documents without any

trouble is given on the home page. All bidders are advised to download

and install the JAVA component before they start accessing the portal. No

registration is required for this purpose.

4. Bidder Registration (access Authentication) Process

Anyone interested in AAI tenders can register themselves. Registration is free of

cost.

Step1 – Open internet explorer and type the link

http://etender.aai.aero/irj/portal.

Step2 – Click on „Apply for Access Authentication‟

5. The tender fee is to be paid through HDFC Bank Payment Gateway

provided in the portal.

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6. It may be noted that upload of technical documents entail heavy data and hence

the use of normal data card is not recommended for this activity. It is suggested

that landline broadband with minimum 2 MBPS speed should be used for this

activity. Bidders shall upload scanned copies of the technical documents in

legible form in a single Zip file.

7. For any technical assistance bidders may contact as mentioned below

(Help Desk Services):

a. In order to facilitate the Vendors/ Bidders as well as internal users from AAI,

Help Desk Services have been launched between 0800-1900 hours for the e-tender portal https://etender.aai.aero/irj/portal. The Help Desk services shall be

available on all working days (except Sunday) between 0800-1900 hours and

shall assist users on technical issues related to the use of the e-tender portal.

b. For any technical assistance with regard to the functioning of the portal the

bidders as well as AAI users may contact according to the escalation matrix

as mentioned below:-

Sl.No. Timings Between

(08:00-19:00 Hrs)

Help Desk

Number

Escal-

ation

Matrix

E-mail Address

From Till

1. 08.00 Hrs 19.00 Hrs 011-

24626632

011-

24632950

Extn.3512

08510096161

08510096262

08510096363

[email protected]

2. Mr.Mukesh Kumar

Manager (IT)

011-

24632950,

Extn:3505

After 4

hours of

issue

[email protected]

3. Mr.Dharmendra Kumar

Assistant GM (IT)

011-

24632950,

Extn.3509

After 8

hours

[email protected]

4. Mr.A.K. Sharma,

JointGeneralManager

(IT)

011-

24647596

After 12

hours

[email protected]

5. General Manager (IT) After 24

hours

[email protected]

c. 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

contact concerned Bid Manager from AAI.

Page 32 of 33

Required Documents

Tender Cost To be paid throu e-portal

EMD Amount To be paid throu E-PORTAL as provided

Legal Status To be declared , in case of company, Certificate of Incorporation to be submitted along with e-Technical Bid

Acceptance letter Refer Tender Documents- to be submitted along with e-Technical Bid

Experience Certificate Self declaration not considered as eligibility criteria. The experience certificate taken from second / third party and submitted along with e-Technical Bid

PAN Card copy To be submitted along with e-Technical Bid

Sales Tax Registration To be submitted along with e-Technical Bid

Service Tax Registration To be submitted along with e-Technical Bid

Memorandum & Articles of Association To be submitted along with e-Technical Bid

Self declaration Refer attachment for Declaration – Annexure VII & To be submitted on your letter head along with e-Technical Bid. Note: Do not attach the same as mentioned in Annexure VII

No Dues Certificate To be obtained latest NDC from AAI, if you are having contacts The party should also enclose the no dues certificate issued by AAI (Current and Past) in respect of all airports under its control. & To be submitted along with e-Technical Bid.

Profit & Loss A/c; Balance Sheet; In case of Sole Proprietor / Partnership firm, Profit & Loss A/c and Balance Sheet for the last Financial Year duly certified by Chartered Accountant, to be submitted in the e-Technical Bid..

Annual Report In case of Company, submitted the Annual Report for the last Financial Year.

e-Financial Bid is available under e-portal

Page 33 of 33

Annexure VII

DECLARATION

I/We, -----------------------------, Name & full address, do hereby solemnly affirm and

state as follows:-

1. I/We are not having any contract with Airports Authority of India ( In case if you

have contracts with AAI, submit all the details with latest No Due Certificate and

Security Deposit details.)

2. I/We are not having any disputed / undisputed dues to AAI. ( In case if you have

any disputed / undisputed dues with AAI, submit all the details)

3. I/We are not debarred / blacklisted by CBI or AAI or undertakings/ Departments

like Railways, Defence or any other department of Government of India or State

Government. ( In case if you have debarred / blacklisted, submit all the details)

4. I/We are not facing any action under PPE act with AAI. ( In case if you have

faced PPE Act with AAI, submit all the details)

5. I/We are not facing any legal action by Court of law to pay the outstanding dues to

AAI at any of the airports ( In case if you have faced legal action, submit all the

details)

6. I/We do not have any relatives working with AAI. ( In case if you have any

relatives working with AAI, submit all the details)

7. I/ We do not belong to the category of “a private or public limited company,

Partnership Firm or Sole Proprietor and any of the Directors/Partners/ Sole

Proprietor of such company is also a Director of any other company or partner of

a concern or a Sole Proprietor having established business with AAI and has dues

with AAI”. (In case if you fall under anyone of the above category, please furnish

all such relevant details).

8. I/ We do “No raid/seizure/search has been carried out and/or pending by a

Regulatory Authority in respect of the license granted by AAI in any of the

Airport premises either against me and/or any member of the consortium or

against our/its associates or against any of the Directors/Managers/Employees” (In

case if you fall above category, please furnish all such relevant details).

All the facts stated above are true and correct to the best of my knowledge, belief and

information.

Date: