Supply of 40 Nos. Hand Held Metal Detector (HHMD) at S. V. Airport, Raipur

NOTICE INVITING TENDER (NIT)

 

Name of Work: “Supply of 40 Nos. Hand Held Metal Detector (HHMD) at S. V. Airport, Raipur.”

 

Bids are invited for “Supply of 40 Nos. Hand Held Metal Detector (HHMD) at S. V. Airport, Raipur.” (With Technical specification and as mentioned in SECTION-A of this ATC document) from OEM of Hand-Held Metal Detector (HHMD) or their authorized dealer(s) or resellers verified by OEM in two envelope system (Envelope I: PQ cum Technical Bid, Envelope II: Price Bid) through GeM Portal.

 

Public Procurement (Make in India), Order – 2017 and revision thereof including Public Procurement (Make in India), Order – 2017, revision dated 16th September 2020 issued by Public Procurement Section, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry shall be applicable to this Tender.

 

For any clarifications relating to the understanding of the tender(s) published, kindly contact the respective Tender Inviting Authority / Bid Manager whose details are given below:

 

Sl.

No.

Name & Designation of Officer

Contact No.

Email id

1.

Devendra Puri Goswami,

AGM(E-E)

7838940844

devendrag@aai.aero

 

 

EARNEST MONEY DEPOSIT (EMD):

 

The EMD amount of INR 38,200/- (Rupees Thirty Eight Thousand Two Hundred Only) may be remitted online through RTGS / Internet Banking in AAI’s Bank Account, whose details are given at Annexure-D OR may be submitted in the form of Irrevocable Bank Guarantee (BG) as per Annexure-VII, from a Scheduled Commercial Bank (as per RBI schedule) [but not from any Cooperative or Gramin bank] having office in India.

 

Bidder is required to upload scanned copy of EMD submitted as proof in GeM portal along with Hard Copy (offline) – {only if EMD is submitted in the form of Irrevocable Bank Guarantee}.

 

The original Bank Guarantee for EMD is to be submitted to O/o In Charge (Electrical), Airports Authority of India, Swami Vivekananda Airport, Raipur, Chhattisgarh- 492015 on or before last date of bid submission as per GeM portal.

 

In case of EMD Exemption, scanned copy of valid relevant certificate to be submitted through GeM portal for claiming exemption. In case, the valid relevant certificate for claiming exemption is not furnished by the bidder through GeM Portal, their bid is liable to be rejected.

 

The EMD in the form of Bank Guarantee shall be valid for a period of 180 days from the notified date of opening of the bid (PQ cum Technical Bid) without any conditions by the bidder. In case the tender is not finalized within the bid validity period, the validity of EMD shall be extended for a suitable period.

 

 

The BG shall contain the name, designation and code number of the Bank officer(s) signing the guarantee(s). Further, the bidder shall provide the name, designation, address, fax number, e-mail Id and telephone number of the bank issuing the Bank Guarantee.

 

Verification of Bank Guarantees submitted by Bidders to AAI will be done through Structured Financial Messaging System (SFMS) of ICICI bank as defined in Para 7.3 of this ATC document.

 

The Bidder shall not change or alter or modify in any way, the language or contents of Annexure -VII (EMD Bank Guarantee) of this document.

 

Govt. of India’s Guidelines issued from time to time relating to exemption of Earnest Money shall be applicable to eligible bidders.

 

Bids received without EMD (other than those who are exempted from payment of EMD) as specified in the bid document, shall be rejected out rightly.

 

Refund of EMD:

 

EMD of bidders who are disqualified in Technical Stage shall be returned/refunded after rejection of their bids.

 

EMD of all qualified bidders whose financial bids are opened (except the confirmed lowest bidder) shall be returned/refunded after award of Contract to successful bidder.

 

EMD of the successful bidder will be returned/refunded after receipt of Performance Bank Guarantee against Security Deposit for Supply and Warranty/Guarantee period as per Para 6.

 

If AAI cancels this Bid, then AAI will return the EMD of all Bidders for whom the EMD was not already forfeited and encashed.

 

AAI shall refund same amount as received from bidders towards EMD and in the same currency with no interest or any other expenses, whatsoever, in any manner to the bidder or its authorized representative.

 

The Bidder shall provide the requisite Bank Account details for return of EMD.

 

Forfeiture of EMD:

 

The EMD amount of a bidder shall be forfeited in the following events: -

 

 If the bidder withdraws or amends its bid or breach of the conditions of the bid document or impairs or derogates from the tender in any respect within the period of validity of the bid.

 

If the successful bidder fails to enter into a contract with AAI within 10 days (or an extended period as approved by the Accepting Authority in AAI) from the issue of the purchase order / work order.

 

If the successful bidder fails to submit the contract Performance Bank Guarantee (PBG) as stipulated in the Terms and Conditions within 30 days (or an extended period as approved by the Accepting Authority in AAI) from the issue of the purchase order / work order.

 

If the bidder knowingly and wilfully supplied incorrect information in the bid.

 

In the event of not accepting the conditions of the contract even after agreeing to do so and submitting the letter of Un-conditional acceptance of terms and conditions of the bid document {Annexure-I (a)}.

 

 

AAI may issue a Letter of Intent (LOI) to the declared L-1 bidder and ask the bidder to accept the LOI unconditionally within the specified time. If the bidder fails to accept the LOI unconditionally, it will be construed that the Bidder is not interested in the offer. In such a situation, AAI will encash and forfeit the EMD.

 

BID OFFER VALIDITY:

 

The Bid for the supply shall remain open for acceptance for a period of 180 days from the date of opening of Bids.

 

PERFORMANCE SECURITY:

 

Performance Security or Performance Bank Guarantee (PBG) for the work shall be submitted by the successful bidder after Award of Contract. PBG is required to ensure the performance of the contract (Supply) of ordered item and its performance during Guarantee/Warranty (Defect Liability) period). Performance Security shall be of an amount of 05 (Five) per cent of the Contract value. Performance Security shall be furnished in the form of an irrevocable and unconditional bank guarantee from a Scheduled Commercial Bank, but not from Cooperative or Gramin Bank.

 

 Performance Bank Guarantee shall be valid for ninety (90) days beyond the date of completion of all contractual obligations of the supplier including Guarantee/Warranty obligations and shall remain valid as per provisional extension granted by the AAI. If the Agency fails to extend the validity of the Performance Guarantee, the same shall be encashed by AAI and shall be returned only as per other provision of contract at discretion of AAI.

 

The Performance Security or Performance Bank Guarantee (PBG) shall be submitted within 15 calendar days of issue of purchase order/contract through GeM as per Annexure V (a) having validity up to Guarantee/Warranty (Defect Liability) Period + 90 days, i.e., 24 Months + 90 days. The Guarantee/Warranty (Defect Liability) Period shall be reckoned from the date of commissioning/ put to use certificate /CRAC issued in GeM Portal by the Consignee.

 

 In any case, if the Agency fails to extend the validity of the Performance Bank Guarantee as per requirements of this bid document, the same can be encased by AAI.

 

In case the Agency fails to submit the PBG within stipulated period, interest at 12% per annum on Performance Guarantee amount would be levied (non-refundable) for delayed period of submission and shall be deducted from the bill payable to the Agency. In case, successful bidder fails to submit performance bank guarantee within 60 days of the issue of the letter of acceptance of bid (Purchase Order), AAI reserve the right to forfeit the EMD and cancel the order.

 

The Performance Security will be forfeited and credited to the accounts of AAI in the event of a breach of contract by the contractor. It shall be refunded to the contractor without interest, after due performance and successful completion of the contract in all respects, 90 (ninety) days after completion of all such obligations including the Guarantee/Warranty under the contract.

 

The Performance Security will be returned to the supplier on completion of all the contractual liabilities.

 

The performance Security shall be deemed to govern the following guarantees from the successful Contractor, in addition to the other provisions of the guarantee: -

 

The successful and satisfactory performance of the items supplied shall be in accordance with the specifications and other relevant documents.

 

The items supplied shall be free from all defects of design, material and workmanship and upon written notice from AAI, the successful Contractor 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 (Defect Liability).

 

The performance guarantee is intended to secure the performance of the entire lot of items. However, it is not to be construed as limiting the damages stipulated in any other clause.

 

In case the Contractor fails to submit the Bank Guarantee/SD within stipulated period, Bank Guarantee/SD amount shall be deducted from the bills payable to the Contractor & EMD may be considered as part of SD.

 

AAI shall have unqualified option to forfeit the Security Deposit if the Contractor failed to carry out the services as per the terms and condition of the contract without prejudice to other rights and remedies available to AAI. Any sum of outstanding dues against the Contractor including any amount on acceptance and liquidated damages shall be recovered from the Security Deposit. AAI shall also have the rights to forfeit or appropriate towards the damages or losses that may be sustained by AAI due to any act / commission or defaults by the Contractor.

 

 

 

VERIFICATION OF BANK GUARANTEE THROUGH SFMS OF ICICI BANK (APPENDIX I, APPENDIX II & ANNEXURE-VIII)

 

 Bidder shall ensure that Bank Guarantee shall be submitted to AAI directly by the issuing bank under Registered Post / Registered (A.D.) / Speed Post.

 

The BG shall contain the name, designation and code number of the Bank officer(s) signing the guarantee(s); The BG shall contain the address and other details (including telephone no.) of the controlling officer of the controlling bank from the branch of the bank issuing the BG) for online verification of BG.

 

Verification of BG through SFMS of ICICI Bank:

 

Verification of Bank Guarantees submitted by Bidders to AAI will be done through Structured Financial Messaging System (SFMS) of ICICI bank.
While submitting the documents to BG issuing bank, the vendor/customer/concessionaire will also submit letter to the issuing bank as per the format mentioned in the Annexure-VIII.
Based on the above inputs from the vendor, the BG confirmation message through SFMS will be triggered to the beneficiary bank, i.e., ICICI bank and on the basis of unique identifier code, the BG confirmation mail will be received in the designated email ids issued to the respective units of AAI.
Successful bidder/vendor shall submit the Original BG document along with copy of the SFMS BG confirmation message sent by the BG issuing bank to ICICI bank.
In order to view online, it is necessary that BG issuing/amending bank send the BG advice in the form of message format IFN 760COV (BG Issuance) IFN 767COV (BG Amendment) via SFMS (Structured Financial Messaging System) as provided by RBI.
In the event of BG issuing/amending bank not sending the message IFN 760COV/ IFN 767COV or committing any error while capturing the details at least in the below field, BG confirmation through online portal would not be updated.
Please note that the issuing bank while issuing/amending the BG, should ensure that the unique identifier code of AAI is correctly captured in the message i.e. IFN 760COV/ IFN 767COV. Bank Details of AAI is provided below.
Vendor / successful bidder shall submit BG (PBG/BG-SD/FBG/EMD) in accordance with the bank details as indicated below:

 

CORPORATE NAME: AIRPORTS AUTHORITY OF INDIA

BANK NAME: ICICI BANK

IFSC CODE: ICIC0000007

BG ADVISING MESSAGE: IFN 760COV (BG ISSUE)

IFN 767COV (BG AMENDMENT)

UNIQUE IDENTIFIER CODE:AAIRAIPUR

 

Conflict of Interest among Bidders/Agents:

 

A bidder shall not have conflict of interest with other bidders. The bidder found to have conflict of interest shall be disqualified. A bidder may be considered to have a conflict of interest with one or more parties in this bidding process, if;

 

They have controlling partner (s) in common; or

 

They receive or have received any direct or indirect subsidy/financial stake from any of them; or

 

They have the same legal representative/agent for purposes of this bid; or

 

They have relationship with each other, directly or through common third parties, that puts them in a position to have access to information about or influence on the bid of another bidder; or

 

Bidder participates in more than one bid in this bidding process. Participation by a bidder in more than one Bid will result in the disqualification of all such bids in which the bidder is involved.

 

Bidder or any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the contract that is the subject of the Bid.

 

In case of a holding company having more than one independently manufacturing units, or more than one unit having common business ownership/management, only one unit should quote. Similar restrictions would apply to closely related sister companies. Bidders must proactively declare such sister/common business/ management units in same/similar line of business.

 

No bidder firm or its subsidiary firm or its parent firm shall be allowed to submit alternate bids contrary to the competitive spirit of the bid. Such bids shall be summarily rejected.

 

DEBARMENT IN CASE OF DEFAULT BY THE BIDDER:

 

The bidder shall be liable to be suspended from being eligible for bidding in any contract with Airports Authority of India for the period of one year starting from the date of opening of bids which can be extended, if the bidder:

 

Withdraws or amends the bid or breach the terms and conditions of the tender or impairs or derogates from the tender in any respect within the validity period of the bids.

 

Fails to enter into a Contract with AAI within 30 days (or extended period as approved by the Competent Authority in AAI) of issue of the Purchase Order / Work Order.

 

Fails to submit the performance Bank Guarantee as stipulated in Clause-6 of this ATC document, within 15 days (or extended period as approved by the Accepting Authority in AAI) of issue of Purchase Order / Contract through GeM.

 

Submit any incorrect / false information or document in the bid in order to qualify.

 

Do not accept the conditions of the contract even after agreeing to do so and submitting the letter of unconditional acceptance of the terms and conditions of the bid document.

 

Fail to accept the Letter of Intent (LOI) / Purchase order within the stipulated time.

 

In case of non-compliance of Technical Specifications as per Section-A of this ATC, AAI holds the right to terminate the contract without any prejudice manner and forfeit the Performance Bank Guarantee, besides blacklisting of the firm.

 

 

Amendment to Bid document:

 

At any time, prior to scheduled end date of submission of bids, AAI, if it deems appropriate to revise any part of this bid document or to issue additional data to clarify and interpretation of provisions of this bid document, it may issue addendum / corrigendum to this bid document. Any such addendum / corrigendum shall be deemed to be incorporated in this bid document and binding on the bidders. Addendum / corrigendum will be notified through GeM Portal

 

PRE-QUALIFICATION CRITERIA (PQ CUM TECHNICAL BID)

 

OEM of Hand-Held Metal Detectors (HHMD) or their authorized dealer(s) or resellers verified by OEM fulfilling the following criteria are eligible to participate in the tender (Scanned Documents fulfilling eligibility criteria to be uploaded in Pre- qualification Cum Technical Bid: Envelope I through GeM portal): - -

 

SL. NO.

QUALIFYING REQUIREMENT

DOCUMENT(S) TO BE UPLOADED IN GEM PORTAL

A. PRE-QUALIFICATION RELATED DOCUMENTS

1.

Earnest Money Deposit (EMD) Rs. 38,200/-

Scanned copy of proof of online through RTGS/ Internet Banking in AAI Bank Account, whose details are given at Annexure-D.

Or

Copy of Irrevocable Bank Guarantee as per Annexure-VII.

 

Note: - Bidders are required to indicate Bid No. & Name of Bidding entity in the transaction details field at the time of online transfer.

EMD Exemption: - The Bidders seeking EMD exemption must submit the valid supporting document for the relevant category with the Bid as per GeM T&C.

2.

Should have GST Registration.

Scanned copy of GST Registration Certificate.

3.

Should have Permanent Account Number (PAN).

Scanned copy of PAN Card.

4.

Unconditional letter of acceptance as per Annexure-I.

Duly signed scanned copy of Annexure-I.

5

Proforma for Undertaking that the bidder has not been blacklisted or any case is pending against the bidder as per Annexure-II.

Duly signed scanned copy of Annexure-II.

6.

Power of Attorney: Bidder shall submit Power of Attorney (on Non-judicial Stamp paper of Rupees 100/-) as per Annexure-III, authorizing the designated executive to sign all documents on behalf of the company or Firm, if the bid is not signed by the Director of the Company or Partner/ Proprietor of the Firm

Duly signed scanned copy of Annexure-III (if applicable).

7.

 

Valid Certificate of Incorporation for Public / Private Limited Company / firm issued by Appropriate Authority. Registered partnership deed in case of Partnership firm or Self attested copy of certificate/license issued by appropriate Authorities/Department/Body or Chamber of Commerce/GST certificate in case of proprietary firm

Duly signed scanned copy of relevant documents.

8.

GST Undertaking as per Annexure-V.

Duly signed scanned copy of Annexure-V.

9.

Duly Filled Compliance of Technical specifications as per Annexure- B/1

Duly signed.

EXPERIENCE, PROOF OF SATISFACTORY PERFORMANCE & TURNOVER

11.

Should have experience in providing Hand-Held Metal Detectors (HHMD) & its accessories in Govt. Dept. / PSUs/ Reputed Companies / Organizations during last 07 (Seven) years as on last date of submission of bid as per either of the following two criteria: -

VALUE CRITERIA: -

One Work Order of value equal to 80%, i.e., Rs. 10,18,667.00 or more.

Or

Two separate Work Orders, each for a value equal to 50%, i.e., Rs. 6,36,667.00 or more.

Or

Three separate Work Orders, each for a value equal to 40%, i.e., Rs. 5,09,334.00 or more.

QUANTITY CRITERIA: -

One Work Order of value equal to 80%, i.e., 01 Nos. or more.

Or

Two separate Work Orders, each for a value equal to 50%, i.e., 02 Nos. or more

Or

Three separate Work Orders, each for a value equal to 40%, i.e., 3 No. or more.

Note: - In case of experience of Private sectors claimed by the bidder, they shall submit TDS certificate in support of the value of work executed by them if they have submitted experience for the required value of work from private organization.

Scanned copies of following documents are required for claim of experience:

(a)         Work Order /Contract issued in the name of Bidder.

(b)         Satisfactorily Work Completion Certificate/ CRAC from GeM portal issued in the name of bidder.

Note 1:

The Satisfactorily Work Completion Certificate Completion Certificate/ CRAC from GeM portal should clearly indicate the following:

Name of Contract / Work.
Contract / Work Order No.
Award Value & Completion Value.
The         date         of commencement & completion of work.
Issuing authority Name, Address and Designation

Note 2: -

The above Award Letter/Work Order/ Work Contract Agreement should have been satisfactorily completed.

 

Initial period of contract and extension thereof if any, up to the last date of submission of this Bid shall be considered as ‘completed work’ and reckoned for value of order.

12.

TURNOVER: The applicant should have Average Annual Financial Turnover of the bidders during the last three years ending 31st March of the previous financial year should be at least 30% of the 1.18 times of the estimated cost i.e., Rs. 4,50,760.00 (excluding GST).

Documentary evidence in the form of certified audited UDIN generated Balance Sheets along with Profit Loss Account Statements for the FY 2021-22, 2022-23 & 2023-24.

Or

A UDIN generated certificate from the Chartered Accountant / Cost Accountant indicating the turnover details for the for the FY 2021-22, 2022-23 & 2023-24 shall be uploaded with the bid.

Note 1: - In case the date of constitution / incorporation of the bidder is less than 3-year-old, the average turnover in respect of the completed financial years after the date of constitution shall be taken into account for this criterion.

Note 2: -

Bidders are requested to upload Balance Sheet and Profit & Loss Account Statement having Unique Document Identification Number (UDIN) given by their Auditors.

B. TECHNICAL QUALIFICATION RELATED DOCUMENTS

13.

Proof of being Original Equipment Manufacturer (OEM) or Authorized Dealer/Reseller verified by OEM for Hand-Held Metal Detectors (HHMD) intended to be supplied.

Proof of being Original Equipment Manufacturer (OEM) as per Annexure-A.

Or

Bidder(s) are required to upload duly filled scanned copy of Annexure-A along with Manufacturer Authorization Form (MAF) in case of Valid Authorized Dealer / Verified Reseller Certificate from OEM in case of the Bidder being their reseller.

14.

Brochure / Pamphlet.

Scanned copy of Brochure/Pamphlet in support of Technical Specifications of the Hand-Held Metal Detectors (HHMD)  intended to be supplied.

15.

Declaration on conformity of AAI’s Technical Specifications & Offered Make & Model of Hand-Held Metal Detectors (HHMD)  and its accessories.

To be furnished on Company’s Letter Head as per Annexure-B/1, B/2.

16.

Self-certification for Local Content.

To be furnished on OEM’s/Bidder Company’s Letter Head as per Annexure-C.

 

17.

PQ check list duly filled as per Annexure-IX.

Duly filled, sealed and signed scanned copy of Annexure-IX.

 

Note:

All supporting documents submitted with the bid should be self-certified & stamped by the firm and serially numbered.
The documents uploaded by bidder on GeM portal shall be in English language and Physically/Digitally signed using appropriate class of digital certificate issued by Indian Digital Certificate issuing authority.

 

 

AAI shall at its discretion may ask the bidder(s) to submit the proof of deposit of VAT / GST / Equivalent Tax/TDS amount deposited with the Government Authorities with reference to the details mentioned at para 11.1 above.

 

BIDDERS REGISTERED WITH NSIC/MSME POLICY OF GOVERNMENT OF     INDIA

 

11.3.1      Any concessions to the bidders registered with NSIC / MSME Policy of Government of India in relevant field shall be applicable as per the directives of Govt. of India, prevalent on the date of acceptance of the bid.

 

In case a bidder is eligible for any concession / exemption under this clause, self- attested scanned copies of the documentary proof to this effect must be enclosed. It may be noted that submission, if any, of reference (s) of Govt. notification(s) pertaining to concessions / exemptions must be supported by self-attested scanned copies of the copy(s) of such notification(s).

 

Purchase preference to Central Public-Sector Undertaking shall be applicable as per the directive of Government of India prevalent on the date of acceptance.

 

Benefits to MSME: -

i.The work is related to critical airport operations therefore, the bid cannot be split i.e., non-divisible in nature.
 

This Bid is NOT SPLITTABLE/ NOT DIVISABLE in nature therefore work shall be awarded to successful l (L-1) bidder in whole.

 

Purchase preference to Micro and Small Enterprises (MSEs) (Shall be given as per Govt orders and GeM conditions): Purchase preference will be given to MSEs as defined in Public Procurement Policy for Micro and Small Enterprises (MSEs) Order, 2012 dated 23.03.2012 issued by Ministry of Micro, Small and Medium Enterprises and its subsequent Orders/Notifications issued by concerned Ministry. If the bidder wants to avail the Purchase preference, the bidder must be the manufacturer of the offered product in case of bid for supply of goods.

 

iv.This benefit as above to MSEs shall be available only for goods produced and provided by MSEs for which they are registered as per Govt. rules.
 

MSEs seeking exemption and benefits shall upload a self-attested/certified copy of valid registration certificate for MSE like NSIC, Udyog Aadhar etc. as mentioned above on GeM Portal, failing which their bid shall be passed over as ineligible for the benefits applicable to MSE’s.

 

vi.Policy is meant for procurement of only goods produced by MSEs. However, traders/ distributors/ sole agent/ Works Contract are excluded from the purview of Public Procurement Policy for MSEs Order, 2012 as per Govt. rules.
 
vii.It may be noted that Government of India has implemented Trade Receivables Discounting System (TReDS) to address challenges faced by MSMEs in delayed payments (after receipt / acceptance of Material / Services) from Government buyers leading to shortfall of Working Capital. TReDS is an online electronic institutional mechanism for facilitating the financing of trade receivables of MSMEs through multiple financiers. Airports Authority of India (AAI) is already registered on the following TReDS service providers’ platform:

 

M/s. Mynd Solutions Private Limited (Mynd), New Delhi.

 

Further, MSME Bidders are requested to kindly register on the TReDS service provider platform. The MSME vendors can avail the TReDS facility, if they want to.

EVALUATION OF PRE-QUALIFICATION CUM TECHNICAL BIDS:

 

AAI shall evaluate the bids to determine whether they are complete or in order.
AAI will determine the substantial responsiveness of each bid to the Bid documents. For purposes of these clauses, a substantially responsive bid is one which conforms, to all the terms and conditions of the Bid Documents without material deviations. AAI's determination of bid's responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence. A bid determined as substantially non-responsive will be rejected by AAI.
The tenders received and accepted shall be evaluated by AAI to ascertain the complete scope contained in the tender document.
Pre-qualification cum Technical bid shall be opened on the designated date of opening of tender as mentioned in GeM portal.
However, AAI may seek clarification on Pre-qualification cum Technical details, or any other information deemed necessary. Such queries raised on-line on GeM portal shall be replied on-line positively by the bidder, within the time specified, failing which the evaluation shall be done based on the information available.

 

CLARIFICATION ON BIDS/SHORTFALL DOCUMENTS:

 

During the preliminary examination, some minor informality and / or irregularity and/ or non-conformity / shortfall documents / non-submission of documents may be found in some bids. Such minor issues could be missing pages / attachment or illegibility in a submitted document, non-submission of required number of copies of a document. There have also been cases where the bidder submitted the amendment Bank Guarantee but omitted to submit the main portion of Bid Document. Such “minor” issues may be waived provided the same does not constitute any material deviation and financial impact. Wherever necessary, observations on “minor” issues (as mentioned above) may be conveyed by GeM Portal. During evaluation and comparison of bids, AAI may, at its discretion, ask the bidder for clarifications on the bid. The request for clarification shall be given via GeM Portal asking the bidder to respond by a specified date, and also mentioning therein that, if the bidder does not comply or respond by the date, his bid will be liable to be rejected. No change in prices or substance of the bid shall be sought, offered or permitted. No post-bid clarification at the initiative of the bidder shall be entertained. The shortfall information/ documents shall be sought only in case of historical documents which pre-existed at the time of the bid opening and which have not undergone change since then. These shall be called only on the basis of the recommendations of the Competent Authority. (Example: if the Permanent Account Number, registration with sales GST has been asked to be submitted and the bidder has not provided them, these documents may be asked for with a target date as above). So far as the submission of documents is concerned with regard to qualification criteria, after submission of the bids, only related shortfall documents shall be asked for and considered. For example, if the bidder has submitted a supply order without its completion / performance certificate, the certificate can be asked for and considered. However, no new supply order shall be asked for so as to qualify the bidder.

 

REJECTION OF BIDS:

 

The Financial bids of the bidders who do not qualify in technical bid evaluation shall not be opened. AAI also reserves the right at its sole discretion not to award any order under the bid document. AAI shall not pay any cost incurred in the preparation and submission of any bid or any cost incidental to it.

 

Bids, 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 bid, AAI reserves the right to reject such bids at any stage or to cancel the Contract, if awarded, the EMD/Performance Bank Guarantee will be forfeited.

 

The information contained in the bid document shall be comprehensive and to the point. The bids 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 bids is strictly prohibited, and the bids submitted by the Contractors who resort to Canvassing are liable for rejection.

 

Should a bidder have a relation or relations employed in the capacity of an officer in AAI, the authority inviting bids shall be informed of the fact along with the offer, failing which, AAI at its sole discretion shall reject the bid or cancel the contract and forfeit the Earnest Money Deposit/ Performance Bank Guarantee.

 

Bidders shall not try to influence AAI on any matter relating to its bid, from the time of the bid opening till the time the contract is awarded. Any effort by a bidder to influence AAI in the bid evaluation, bid comparison or contract award decisions shall result in the rejection of the bid.

 

AAI reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of contract without assigning any reason whatsoever and without thereby incurring any liability to the affected bidder or bidders due to AAI's action on any grounds whatsoever. The documentation submitted by bidders shall not be returned.

 

AAI Reserves the right to verify the credential submitted by the bidder at any stage (before or after the award of work). If at any stage, any information / documents submitted by the bidder is found to be incorrect / false or have some discrepancy which disqualifies the bidder then the AAI shall take the following action: -
Forfeit the EMD and Performance Bank Guarantee submitted by the bidder.
The bidder shall be liable, for debarment from the tendering in AAI, apart from any other appropriate contractual / legal action.

 

If the entity participating in any of the bidders is a private or public limited company, partnership firm or proprietary firm and any of the Directors / Partner / Proprietor of such company is also a director 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 shall not be allowed to participate in AAI tenders. If it is established, at any point of time, before or after the award of work, the contract shall be immediately terminated and bidder shall be liable to be blacklisted and Performance Bank Guarantee submitted along with the bids shall be forfeited absolutely.

 

OPENING OF THE FINANCIAL BIDS:

 

Financial Bids of those bidders, who qualify in Pre-qualification cum Technical bid evaluation, shall be opened by AAI as per the scheduled date. In case of any changes, the date and time of opening of Financial Bid shall be notified to successful bidders through GeM Portal.
No correspondences / representations shall be entertained from the bidders after opening of Financial Bid of the Tender on tendering process and on any other Pre- qualification cum Technical bids.
Date of submission and opening of tender can be extended on sole discretion of the Competent Authority of AAI.
Bidders are required to note that they should necessarily submit their financial bids in GeM portal.
BOQ Details Document shall consist of 01-line item with title “Supply of 40 Nos. Hand Held Metal Detector (HHMD) at S. V. Airport, Raipur”.

 

The price quoted by bidder against each line item/item title shall be inclusive of GST.
It shall be clearly understood and noted that Financial Bid of the tender document is for pricing alone. No condition, whatsoever, shall be stipulated in this part.

viii.If any condition stipulated above is found violated, the bid shall be rejected, and AAI shall without prejudice to any other right or remedy be at liberty to forfeit the EMD besides blacklisting the firm.

The prices quoted by the bidder shall remain fixed during the entire period of contract and shall not be subject to variation on any account, except statutory Indian govt. taxes and levies in India.
Original document of Financial Bid shall not be submitted as hard copy to AAI in any case.

 

QUOTING OF RATES IN GEM PORTAL

The Bidders shall quote rate in GeM portal, which shall be – Inclusive of all such as: —

Loading, unloading and other handling charges from his works to the site for F.O.R destination delivery basis up to the Buyer’s location/concerned airport premises.
Transit Insurance.
GST and other statutory levies & taxes, State Entry Tax/Octroi (if applicable), entry/toll tax (if any).
Cost of all necessary spares, accessories and consumables.
Commissioning, testing & training charges etc.
Profit & Overheads etc.

 

EVALUATION OF FINANCIAL BID

The evaluation criteria/comparison of rates for identifying the successful Bidder shall be based on the lowest rates quoted in GeM Portal.

AWARD OF CONTRACT:

 

The acceptance of the tender shall be intimated to the successful bidder by AAI through GeM Portal.

 

OTHER TERMS & CONDITIONS:

 

Tenders are invited based on two bid system through GeM Portal.
A contractor shall submit no more than one tender.
No two or more concerns/firms in which an individual is entrusted as Proprietor and/or Partner shall tender for the execution of the same works, if they do so, all such tenders shall be liable to be rejected.
Submission of a tender by a tenderer implies that he has read this notice and all other contract documents and has made himself aware of the scope and specifications of the job to be done and of conditions and local conditions and other factors bearing on the execution of the nature of specified job.
All rates shall be quoted in Financial Bid only.
Notification of Award of contract will be made in writing to the successful Bidder by the Accepting Authority. The contract will normally be awarded to the technically qualified and responsive Bidder offering and lowest evaluated bid in conformity with the requirements of the specifications and contract documents. The Accepting Authority shall be the sole judge in this regard. The Accepting Authority does not bind himself to accept the lowest or any tender or to give any reason for his decision.
A responsive bidder is one who submits priced bid and accepts all terms and conditions of the contract documents without any major modifications.
A major modification is one which affects in any way, the quality, quantity and period of completion of the work or which limits in any way the responsibilities or liabilities of the Bidder, or any right of AAI as required in the specifications and contract documents. Any modification in the terms and conditions of the tender, which are not acceptable to AAI, shall also be treated as a major modification.
A tenderer shall submit a responsive bid, failing which his tender will be liable to be rejected.

 

Authority of Person signing the Contract on behalf of the Contractor: A person signing the tender or any other documents in respect of the contract on behalf of the contractor without disclosing his authority to do so shall be deemed to warrant that he has authority to bind the contractor. If it is discovered at any time that the person so signing had no authority to do so, the purchaser may, without prejudice to any other right or remedy of the purchaser, cancel the contract and make or authorize the making of purchase of the equipment at the risk and cost of such person and hold such person liable to the purchaser for all costs and damages arising from the cancellation of the contract including any loss which the purchaser may sustain on account of such purchase.

 

Address of the Parties and Notices and Communications:

 

For all purposes of the contract, including arbitration there under, the addresses of the parties mentioned above shall be the addresses to which all communications shall be sent, unless the parties have notified a change by a separate letter containing no other communication and sent by registered post with acknowledgment due. The parties shall be solely responsible for the consequences of an omission to notify a change of address in the manner aforesaid.

 

Any communication or notice on behalf of the purchaser, in relation to the contractor may be issued to the contractor by purchaser and all such communication and notices may be served on the contractor at his notified address either by registered post or under certificate of posting or by ordinary post or by hand delivery or e-mail at the option of the purchaser.

 

Sufficiency of Tender: The contractor shall be deemed to have satisfied himself before bidding as to the correctness and sufficiency of his bid for the works and of the rates and prices quoted in the schedule of quantities or in bills of quantities which rates and prices shall, except as otherwise provided, cover all his obligations under the contract and all matters and things necessary for the proper completion and maintenance of the works.

 

SUPPLY TO BE EXECUTED IN ACCORDANCE WITH SPECIFICATIONS, DRAWINGS, ORDERS, ETC.:

The contractor shall execute the whole & every part of the work in the most substantial and workman like manner and both as regard materials and otherwise in every respect in strict accordance with the specifications. The contractor shall also confirm exactly, fully and faithfully to the designs, drawings and instructions in writing in respect of the work signed by the Engineer-in-charge.

 

INDEMNITY:

The contractor shall indemnify purchaser against any claims or for payment of any royalty, license fee or any other expenses in respect of or for making use of patents or designs or labour disputes/claims with respect of which he according to the terms of the contract, is to be treated as an agent of the Purchaser for the purpose of making use of the patent or trade mark for fulfilment of the contract.

 

INSOLVENCY AND BREACH OF CONTRACT:

 

The AAI may, at any time, by notice in writing summarily determine the contract without compensation to the contractor in any of the following events, that is to say: -

 

If the contractor being a company is wound up voluntarily or by the order of a court or a Receiver, Liquidator or Manager on behalf of the Debenture-holders is appointed or circumstances shall have arisen which entitles the court or Debenture-holders to appoint a Receiver, Liquidator or Manager or;

 

If the contractor commits any breach of the contract not herein specifically provided for, provided always that such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter to the AAI and provided also the contractor shall be liable to pay to the AAI for extra expenditure he is thereby put to and the contractor shall under no circumstances be entitled to any gain on re-purchase.

 

SIGNING OF CONTRACT: The successful bidder / contractor, on acceptance of his bid by the Accepting Authority, shall, within 30 days from the date of issue of purchase order/Contract would sign the contract consisting of the Bid document and all other documents including drawings, if any, forming the Gem Bid, as issued at the time of invitation of bids and acceptance thereof with any correspondence leading thereto. The format of Agreement shall be as per Annexure X. No payment for the work done will be made unless contract in form of agreement is signed by the contractor.

 

FORCE MAJEURE CLAUSE:

 

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 therein being followed.
Force majeure means unexpected circumstances such as an act of God (any natural calamity like earthquakes, floods, storms, etc.); acts of states; act of war (declared or un declared), invasion, armed conflict or act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion or politically motivated sabotage; any hostilities, national emergencies, agitations, boycott, strikes etc. (only those which exceed a duration of ten continuous days) that can prevent the contractor from fulfilling their obligation under the contract.

 

The Contractor’s right to an extension of the time limit (not exceeding the period during which relative performance was affected by the Force majeure Event) in above mentioned cases is subject to the following procedures:

 

The firm / contractor has to inform AAI in writing (give notice) of Force Majeure (FM) as soon as it occurs (not later than 10 days) requesting for extension of time. The Force Majeure cannot be claimed ex-post facto.
Notice shall include nature, time of occurrence and extent of force majeure event. Contractor shall produce 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. Notice shall also include the measures which the Affected Party has taken or proposes to take, to alleviate the impact of the Force Majeure Event or to mitigate the damage.
Contractor proves that the said conditions have actually interfered with the carrying out of the Contract.
Contractor proves that the delay occurred is not due to his own action or lack of action.
Apart from the extension of the time limit, force majeure does not entitle the successful bidder to any relaxation or to any compensation of damage or loss suffered.
The Contractor shall use all reasonable endeavors, acting as a reasonable and prudent person, to circumvent or overcome any event or circumstance of Force Majeure as expeditiously as possible, and relief under this Clause shall cease to be available to the Contractor claiming Force Majeure if it fails to use such reasonable endeavors during or following any such event of Force Majeure.
The Contractor shall have the burden of proving that the circumstances constitute valid grounds of Force Majeure under this Clause and that it has exercised reasonable diligence efforts to remedy the cause of any alleged Force Majeure.
The Contractor shall notify AAI when the Force Majeure has terminated or abated to an extent which permits resumption of performance to occur and shall resume performance of its obligation under this Agreement as soon as possible after such termination or abatement and upon resumption shall notify AAI of the same in writing.

 

TERMINATION OF CONTRACT AT AAI’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 contractor of his decision to do so.

 

The Contractor upon receipt of such notice shall discontinue the work on the date and to the extent specified in the notice, make all reasonable efforts to obtain cancellation of all orders and contracts to the extent they are related to the work terminated and terms satisfactory to the AAI, stop all further purchasing activity related to the work terminated, and assist the AAI in maintenance, erection, and disposition of the works acquired under the contract by the AAI.

 

DISPUTE RESOLUTION:

 

Any dispute, differences or controversy of whatever nature, howsoever, arising under, or out of, or in relation to this agreement (including the interpretation) between the parties, and so notified by either party to the other party shall in the first instance be attempted to be resolved amicably between the parties.

 

 To avoid escalation in time, cost and unpleasantness resulting from disputes or differences, AAI provides AAI Mediation Policy, 2022 & Empanelment of Arbitrator & Mediators as per AAI Technical Instruction No. 107 dated: 4th November 2022.

 

All disputes or differences which may arise out of or in connection with or incidental to the Agreement(s) including any dispute or difference regarding the interpretation of terms and conditions of any clause(s) thereof shall be dealt with as provided hereinafter:

 

Through Mediation: All dispute(s), at the first instance, shall be referred to the Mediation Committee of Independent Experts (MCIE) or individual mediator for mediation as per AAI Mediation Policy and applicable laws. All cost of mediation, shall be borne equally by the parties. In case either party withdraws from the Mediation or the dispute(s) is not resolved within 120 days of reference to the Mediation, then the aggrieved party may invoke arbitration through sub-Para 36.3.2 below, within 30 days from the date of receipt of Partial Settlement Agreement or Failure Report.

 

Adjudication through Arbitration: In case no final settlement has been arrived at between the parties after mediation or partially settled as per sub-Para 21(iv) above, the unresolved dispute(s), on invocation by the aggrieved party shall be referred for adjudication by arbitration.

 

When the amount involved is above Rs.25 Crores, adjudication shall be made by Arbitral Tribunal comprising of 03 arbitrators. Each party to appoint one arbitrator and the two appointed arbitrators shall appoint the Presiding Arbitrator.
When the amount involved is Rs.25 Crores and below shall be referred to a Sole Arbitrator to be appointed by Chairman/Member, AAI, after obtaining consent of the other party, as per format annexed at Annexure-IV.

 

 Unless the contract has already been repudiated or terminated, the parties shall, in every case, continue to proceed to perform their respective obligations under the agreement.

 

Arbitration proceedings shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The venue of Arbitration shall be in Kolkata, West Bengal, 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.

 

 Fee payable to the Arbitrator(s) shall be as per Schedule-IV of the Arbitration & Conciliation Act, 1996 and shall be borne by both the parties equally.

 

 No dispute shall be referred for resolution under this clause through arbitration in matters for which eviction & recovery procedure is provided under Chapter -VA of the Airports Authority of India Act, 1994.

 

DEFECT AND JURISDICTION OF CONTRACT:

 

The contract shall be considered as having come into force from the date of issue of letter of award of the contract by AAI.

 

The law applicable to this contract shall be the law enforceable in India. The Honorable Courts of Chhattisgarh shall have exclusive jurisdiction in all matters arising under this contract.

 

 

 

Tender Inviting Authority