NIT / TENDER DOCUMENT (OPEN TENDER)
AIRPORTS AUTHORITY OF INDIA
Commercial Department
Notice Inviting Quotations (NIQ)
For
License/ Concession of ATM Counter CITY SIDE Building
“
At
VSI Airport, Port Blair – 744 103
06.11.2020
Cost of E-Tender Document – (Non- Refundable) Rs. 2000/-
(Rupees Two Thousand Only) inclusive of all taxes
NIQ Ref No.AAI/PB/Comml/ATMCITYSIDE/2020
TABLE OF CONTENTS
S. No.
Contents
Page No.
1.
Disclaimer
3-4
2.
Introduction
5-6
3.
Notice Inviting Tender
7-13
4.
Contacts for Query regarding the tender
13
5.
General Information and Guidelines
14-20
6.
Annexure: A- Draft License Agreement
21-26
27-31
32
33-35
36
37-38
39
Appendix: 1- General Terms & Conditions
Appendix: 2- Special Terms & Conditions
Appendix: 3- Concession Area Layout
Appendix: 4- Schedule of Premises
Appendix: 5- Form of Quotation
Appendix: 6- Choice of Locations
7.
Annexure: B - Format for Power of Attorney
40-41
8.
Annexure: C - Format for Unconditional Acceptance Letter
42-44
9.
Annexure: D - Format for Details of Bidder
45
10
Annexure: E – [Deleted]
11
Annexure: F – Format for letter of Undertaking
46
12
Annexure: G - Declaration by Bidder
47
13
Annexure: H – List of near relatives employed in Airports Authority Of India
48
14
Annexure: I - Format for Outstanding Dues Certificate
49
15
Annexure: J - Format for Beneficiary Details for EMD Refund
50
16
Annexure: K - Format for Bank Guarantee
51-52
17
Annexure: L - Letter of understanding from the Depositor to be submitted along with Bank Guarantee to AAI. (For successful Bidders
only)
53
18
Annexure :M- Checklist
54-55
DISCLAIMER
The information contained in this NOTICE INVITING TENDER document (the “Tender”) or subsequently provided to Applicant(s), whether in documentary form, by or on behalf of the Authority, is provided to Applicant(s) on the terms and conditions set out in this Tender and such other terms and conditions subject to which such information is provided.
This Tender is neither an agreement nor an offer by the Authority but an invitation to the prospective Applicants or any other person. The purpose of this Tender is to provide interested parties with information that may be useful to them in the formulation of their financial application pursuant to this Tender. This Tender includes statements, which reflect various assumptions and assessments arrived at by the Authority in relation to the subject Concession. Such assumptions, assessments and statements do not purport to contain all the information that each applicant may require. This Tender may not be appropriate for all persons, and it is not possible for the Authority, its employees or advisors to consider the investment objectives, financial situation and particular needs of each party who reads or uses this Tender. The assumptions, assessments, statements and information contained in this Tender may not be complete, accurate, adequate or correct. Each Applicant should therefore, conduct its own assessment, due diligence and analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions, assessments, statements and information contained in this Tender and obtain independent advice from appropriate sources.
Information provided in this Tender to the Applicant(s) is on a wide range of matters, some of which may depend upon interpretation of law. The information given is not intended to be an exhaustive account of statutory requirements and should not be regarded as a complete or authoritative statement of law. The Authority accepts no responsibility for the accuracy or otherwise for any interpretation or opinion on law expressed herein.
The Authority, its employees and advisors make no representation or warranty and shall have no liability to any person, including any Applicant, under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may arise from or be incurred or suffered on account of anything contained in this Tenderer otherwise, including the accuracy, adequacy, correctness, completeness or reliability of the Tender and any assessment, assumption, statement or information contained therein or deemed to form part of this Tenderer arising in any way for participation in the bidding process.
The Authority also accepts no liability of any nature whether resulting from negligence or otherwise howsoever caused arising from reliance of any Applicant upon the statements contained in this Tender.
The Authority may, in its absolute discretion but without being under any
obligation to do so, update, amend or supplement the information, assessment or assumptions contained in this Tender.
The issue of this Tender does not imply that the Authority is bound to select all the Proposals for bidding process for the Concession and the Authority reserves the right to reject all or any of the Applications or Bids without assigning any reasons whatsoever.
The Applicant shall bear all its costs associated with or relating to the preparation and submission of its Application including but not limited to preparation, copying, postage, delivery fees, expenses associated with any demonstrations or presentations which may be required by the Authority or any other costs incurred in connection with or relating to its Application. All such costs and expenses will remain with the Applicant and the Authority shall not be liable in any manner whatsoever for the same or for any other costs or other expenses incurred by an Applicant in preparation for submission of the Application, regardless of the conduct or outcome of the Bidding process.
The Applicant shall be wholly responsible for any statements/documents/ records, etc. submitted pursuant to this Tender and ensure accuracy thereof. The Authority or its employees shall accept no responsibility or liability for any deficiency that may be made by the Applicant. Any false declaration made by the Applicant shall invite action as may be decided by the Authority including termination of Concession, debarring, forfeiture of EMD and/or Security Deposit. The Applicant shall also indemnify the Authority and its employees from actions arising out of this Tender.
*******
AIRPORTS AUTHORITY OF INDIA DEPARTMENT OF COMMERCIAL
Tenders are invited for award of license for installation, operation, maintenance and management of Automated Teller Machine (ATM) facility at VSI Airport, Port Blair.
INTRODUCTION
Airports Authority of India (AAI) is the largest Airport Operator in India providing Modernization, Air Navigation, Operation and Management of 125 plus Airports across India.
AAI is desirous of participation of eligible entities in the subject tender ATM (Automated Teller Machine) Facility at Port Blair airport.
AAI came into existence on 1st April 1995. AAI has been constituted as a Statutory Authority under the Airports Authority of India Act, 1994. The main functions of AAI include:
Design, development, operation and maintenance of passenger terminals
Development and management of cargo terminal at international and domestic airports
Provision of passenger facilities at terminals like Duty Free Outlets, Travel Retail Outlets, F&B facilities, Executive Lounges, Ground transportation facilities (Maxi Cab, Radio Taxi etc.) and other non-aero activities like; Money Exchange Counters, Trolley Services and information systems.
Since its inception in 1995, Airports Authority of India (AAI) has been at the helm of affairs in the development of airport infrastructure and management and control of airport operations and air navigation services in India. Over the past two decades AAI has been on the forefront of modernizing and developing airside and terminal side infrastructure and improving its services at airports to deliver a better travel experience to passengers. These measures have resulted in improved air safety and passenger satisfaction as is reflected in passenger experience survey results.
During the Financial Year 2018-19, AAI has recorded a Total Revenue of Rs. 14132.96 crores and a Profit After Tax (PAT) of Rs2271.44crores.
The spurt in air traffic has brought new opportunities as well as challenges for AAI in terms of expanding airport infrastructure and passenger amenities.
NOTICE INVITING TENDER (NIT)
Tender is hereby invited for granting concession for the following:
Offers in sealed envelope are invited for the license for installation, operation, maintenance and management of Automated Teller Machine (ATM)/Cash Deposit Machine (CDM) facility at different locations in Domestic Terminal for a period of 2 (Two years) from Scheduled Commercial Banks (both nationalized/private - having requisite Banking license from Reserve Bank of India) for setting up and operation of ATMs at VSI Airport, Port Blair.
Name of Facility
Tender Processing Fees(in INR)
Earnest Money Deposit (EMD)(in
INR)
Minimum Reserve License Fees
Installation, operation, maintenance and management of Automated Teller Machine (ATM)/ Cash Deposit Machine (CDM) at VSI Airport, Port Blair
Rs. 2,000/-
(Rupees Two Thousands Only)
Rs. 1,00,000/-
(Rupees One Lakh Only)
Rs. 19500/-
(Rupees Nineteen Thousand Five Hundred Only) Per Month Per Location
NOTE:
Offer below MRLF should not be considered for award
Highest quote/offer over and above MRLF, shall be sole parameter for selection of highest bidder.
Airports Authority of India shall provide the bare space only. The designing, setting up, operating, maintaining and managing of the ATM shall be responsibility of the Bank at own cost. Only One (01) ATM is to be installed per location. If the Bank wants to install CDM within the allotted space of ATM, it may be permitted. If the Bank require additional space for installing CDM, space may be allotted adjacent to ATM and space rent will be charged for additional space. Area of CDM shall not exceed 3m x 2m or total of 06 sqm.
License fees shall be the quoted fixed license fees/quoted MMG (Or Revenue Share, whichever is higher). The quoted fixed license fees/MMG is subject to annual escalation as detailed in NIT.
Offers (quoted value of license fee) in the prescribed form in Appendix 5 of Annexure - A as well as other required documents duly filled as mentioned in clauses 2, 3 and 4 of GENERAL INFORMATION ANDGUIDELINES should be submitted in sealed envelope only. Banks may send their representative with authorization letter to attend opening of the Financial Bid.
All the participants have to submit tender fee and EMD as per details in clause 13(c) of this NIT along with form of Quotation (Appendix 5 of Annexure A) and other required documents as mentioned in clauses 2, 3 and 4 of GENERAL INFORMATIONAND GUIDELINES.
In addition to the Concession Fees, the selected bidder shall be liable to pay:
Utility Facilitation Charges as notified by AAI from time to time. Presently it is 10% of normal notified space rent for allotted space. The present normal notified space rent is Rs. 1040/- per Sqm per month for AC area till 31.03.2021. For the period 01.04.2021 to 31.03.2022, the notified space rent Rs. 1,250/- per Sqm. Per month for AC Area and Rs. 830 per Sqm. Per month for Non-AC Area. The succeeding years would be subject to an annual escalation of 7.5% compounding.
All applicable Government Taxes including GST (presently at the rate of 18%) or at the rates declared by Government of India or State Government from time to time.
Charges for the consumption of the electricity consumed for the purpose of use of the said license as becomes due and payable and in accordance with the directions of the Authority and at the rates as fixed by AAI from time to time.
g)The process of bidding is explained below:
Banks have to quote the monthly License Fee offered by them to Airports Authority of India, VSI Airport, Port Blair for operating ATM in the prescribed format in Appendix 5 of Annexure -A.
Banks have to quote license fee above MRLF. Highest quote over and above MRLF, shall be treated as “discovered price.” The said “discovered price” would be for each ATM.
Subsequent to opening of financial bid, the highest bidder would be asked to select the location(s) for its ATMs in the prescribed format (Appendix 6 of Annexure - A). The format with required details filled by AAI would be sent to bidder’s email ID as mentioned in Appendix: 5 of Annexure A and Annexure D. The highest bidder would be given a time of ten (10) days from the date of sending of the format, to submit the same via returning mail. The chosen location(s) would be binding in nature and any deviation may lead to forfeiture of EMD and debarment for one year. Banks may choose one or more locations mentioned in this tender document.
Subsequently, other bidders (going in descending order of quoted license fee) would be asked in a similar manner to select location(s) for its ATMs from the remaining locations subject to matching the discovered price.
The entire exercise would be before the validity of bid only i.e., 180 days from the date of opening of financial bid.
Banks have to pay Tender Fee of Rs. 2,000/- and EMD of Rs. 1,00,000/- and enclose their proofs with sealed envelope as described in Clause 3 of General Information and Guidelines. Choice of location(s) is to be submitted by banks after financial bid opening upon request of AAI.
Location Details: Indicative location in layout map and area for ATMs is provided in Appendix 3 & 4 of Annexure A
Period of Concession: Two (02) Years
4.Rate of Escalation:
License Fees shall be subject to annual escalation of 10%
The first annual escalation will be applicable after completion of one year + six months license period. Thereafter the same will be applicable after completion of subsequent one year period there from. Even if, on account of any delay whatsoever, licensee could not commence business operations on the expiry of gestation period stipulated in NIT, for the purpose of calculation of date on which 18 months of license are completed (date on which first escalation is applied) shall be deemed from next day of expiry of gestation period stipulated in NIT.
The prospective bidders are requested to go through the tender conditions and visit
the site/ airport to assess the feasibility of business/ undergo proper diligence study and thereafter may bid in the Tender. No reduction in license fee will be entertained by AAI at any stage for whatever reasons.
Participants are advised not to give any conditional tender and adhere to the terms and conditions indicated in the tender documents provided by AAI. Conditional tenders would be summarily rejected.
Business Incubation Period shall mean a period of 30 days from the date of issuance of LOIA to the selected bidder. The selected bidder will be under obligation to complete all the formalities/ conditions of award as will be specified in the LOIA.
8.Handing Over of Sites:
Sites will be handed over to the selected bidder upon fulfillment of conditions of award within the stipulated time of business incubation period.
If the licensee fails to complete the conditions of award which are pre-requisite for handing over of site, then the gestation period will be deemed to have commenced on 31stday from issuance of LOIA i.e. immediately after expiry of business incubation period. However, actual handing over of sites shall only be done after completion of all conditions of award.
In case tender process has been completed and successful tenderer has been awarded LOIA, but, concession/ license period of incumbent licensee is not over, then, date of hand over of site should not be later than 7thday of expiry of incumbent license or expiry of business incubation period (whichever is later). However, in extreme circumstances, if due to some reason, the vacant site could not be made available, the Airport Director in consultation with concessionaire can identify an alternate location for commencement of concession/ license. Rebate shall not be considered in such a case.
9.Gestation Period:
Gestation period of 30 Days or actual commencement of commercial operation, whichever is earlier, reckoned from the date of handing over of sites shall be permissible. The agency has to submit all required documents to BCAS within 10 days of the issue of LOIA.
No gestation period is to be permitted in case of renewal/award of the concession/ license in favor of the existing licensee in the same place (i.e. same area as well as location).However,
Where there is change in location or due to suspension of the business to carry-out modification at the existing area etc. in the concession/ license premises, normal gestation period, as defined above, may be permitted.
If there is increase in the area in the new license at the same location awarded to existing licensee, the gestation period would be applicable for the incremental area only (if he continues with the business from the existing area and needs development period for the incremental area). In this scenario, licensee shall continue to be billed on the basis of quoted license fee on pro-rata basis for existing area. Billing for the newly developed/incremental area shall be started after expiry of gestation period.
10.Eligibility Criteria:
Any Scheduled Commercial Banks (both Nationalized/Private) having banking license from Reserve Bank of India).
[Deleted]
Any Bank or an individual on behalf of the Bank falling under the following categories is not eligible:
De-barred/black listed by CBI or AAI or Undertakings/ Departments like; Railway, Defense, or any other Department of Govt. of India, State Govt. Department etc. A declaration to this effect is also to be submitted by the party with tender documents.
Parties facing action under PPE Act, with AAI.
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.
If the entity participating in any of the tenders is a private or public limited company, Partnership firm or a 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.
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 Director/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 AAI except the dues pertaining to the current quarter i.e. the quarter in which the tender is invited, then the said entity shall not be allowed to participate in AAI tenders.
The disputed amounts which are referred for Dispute Resolution/Arbitration by the Competent Authority shall not be considered as outstanding dues provided the agency has furnished an additional validated Security Deposit (in addition to the security deposit as per the terms & conditions of the existing license/concession) equivalent to 50% of the value of the disputed amount or as stipulated in the agreement. The period of this security deposit of disputed dues under arbitration shall be minimum 2 years from the date of DRC/Arbitration and further renewable.
In the event of specific Order/judgment from a Judicial Court/ Arbitral Tribunal staying/withholding the realization of certain dues, the adherence to the above condition will be exempted and regulated in accordance with the specific orders.
A declaration to the effect that the Tenderer does not fall under the categories a), b), c), d), and e) above has to be submitted in the Technical Bid.(Refer:
Annexure: G). Following declaration will also be part of Annexure: G
“I/ We declare that “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 affiliates or against any of the Directors/Managers/Employees” (In case if raids/seizure/search conducted, please furnish all such relevant details).”
Banks have to quote the monthly Licence Fee offered by them to Airports Authority of India, VSI AIRPORT, Port Blair in the format prescribed in Appendix- 5 of Annexure: A.
Cost of Tender processing fee amounting to Rs.2,000/-(Rupees Two Thousands) shall be paid by the bidder before submission of sealed bid, through RTGS/NEFT in favor of “Airports Authority of India”. No other mode of payment shall be acceptable.
The amount of Earnest Money Deposit (EMD) of Rs.1,00,000/-(Rupees One Lakh Only) shall be paid by the bidder before submission of sealed bid, through RTGS/NEFT in favor of “Airports Authority of India”. No other mode of payment shall be acceptable.
The particulars pertaining to “Airports Authority of India, VSI Airport, Port Blair” Bank account for RTGS/ NEFT are as follows:-
Bank Account No. – 32354798837 (Current account)
Bank Name and Branch Address – STATE BANK OF INDIA
Rakshavihar, Port Blair.
IFSC CODE – SBIN0008721.
A copy of the proof/documents of the above payments (i.e. EMD) made through RTGS/ NEFT is to be submitted (i.e. scanned copy) along with the technical bid documents to be submitted by the bidders.
Non-submission of EMD shall lead to disqualification of tenderers.
The complete document of this tender can also be downloaded from www.aai.aero
14.1. Critical Dates:
S. No.
Activity
Scheduled Dates and Time
1.
Date of sending invitation for sealed offers to Indian Banks Association
(IBA) & Banks
On 09.11.2020
2.
Pre bid meeting with the prospective bidders and visit of ATM locations if
required
On 13.11.2020
3.
Submission of queries related to the tender (by e-mail)
UP TO 18.11.2020 BY 18:00 Hrs.
4.
Reply to the queries by AAI
By 20.11.2020 BY 18:00 Hrs.
5.
Submission of Bids / Proposal(s) (Technical Bid as well as Financial
Bid) through envelope
UP TO 30.11.2020 BY 15:00 Hrs.
6.
Opening of Sealed Envelope for Technical Bid (Master Envelope and Envelope A)
ON 30.11.2020 AT 15:30 Hrs.
7.
Opening of Financial Bid (Envelope B)
Will be intimated via e-mail
In case bidder withdraws from tender process before opening of technical bid date and time, 10% of EMD amount shall be forfeited.
After last date of submission of bid, at any stage if an agency withdraws from tender process, entire EMD amount shall be forfeited.
After opening of the technical bid and before opening of financial bid, if any agency withdraws from tender process, the EMD of the party shall be forfeited and the party shall be debarred for participation in any tender at VSI Airport for one year from the date of debarment.
AAI reserves to itself the right to reject the conditional tenders without assigning any reason there to.
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).
On acceptance of the tender, the name of the authorize representative(s) of the tenderer who would be responsible for taking instructions from authorized official of the AAI is to be intimated.
AIRPORT DIRECTOR VSI AIRPORT, PORT BLAIR
*****
Airports Authority of India,
Rajiv Gandhi Bhawan,
Safdarjung Airport,
New Delhi-110003
Ph : 91-11-24632950
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