LICENSE OF SNACKS BAR IN SHA AT VSI AIRPORT, PORT BLAIR

NIT / TENDER DOCUMENT (OPEN TENDER) AIRPORTS AUTHORITY OF INDIA VSI AIRPORT, PORT BLAIR – 744 103 Commercial Department E-tender ID: 2019_AAI_36499_1 “TENDER DOCUMENT FOR THE LICENSE OF SNACKS BAR IN SHA AT VSI AIRPORT, PORT BLAIR” Cost of e- tender document – (Non- Refundable) Rs. 10,000/- (Rupees Ten Thousand Only) inclusive of all taxes NIT Ref No.AAI/PB/COMML/SNACKS BAR-SHA/2019 Dated: 21.11.2019 Page 2 of 49 TABLE OF CONTENTS S. No. Contents Page No. 1. Disclaimer 03-04 2. Notice Inviting E-Tender 06-11 3. E- Tendering guidelines to the bidders 12-13 4. General Information and Guidelines 14-20 5. Annexure: A- Draft License Agreement Appendix: 1- General Terms & Conditions Appendix: 2- Special Terms & Conditions Appendix: 3- Concession Area Layout Appendix: 4- Schedule of Premises 21-25 26-30 31-32 33 34 6. Annexure: B – Format for Power of Attorney 35-36 7. Annexure: C – Format for Unconditional Acceptance Letter 37-38 8. Annexure: D – Format for Details of Bidder 39 9. Annexure: E – Format for Certificate from CA/Statutory Auditor in respect of technical experience and financial criteria 40 10. Annexure: F - Format for Letter of Understanding from Bidder 41 11. Annexure: G - Declaration by Bidder 42 12. Annexure: H – Format for Details of Near Relatives working at AAI. 43 13. Annexure : I – Format for Outstanding Dues Certificate 44 14. Annexure : J – Format for Beneficiary Details for EMD Refund 45 15. Annexure: K – Format for Bank Guarantee. 46-47 16. Annexure: L – Letter of understanding from the Depositor to be submitted along with Bank Guarantee to AAI 48 17. Annexure: M – Check list for bidders 49 Page 3 of 49 DISCAIMER The information contained in this NOTICE INVITING E-TENDER document (the "e-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 e-Tender and such other terms and conditions subject to which such information is provided. This e-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 e-Tender is to provide interested parties with information that may be useful to them in the formulation of their financial application pursuant to this e-Tender. This e- 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 e-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 e-Tender. The assumptions, assessments, statements and information contained in this e-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 e-Tender and obtain independent advice from appropriate sources. Information provided in this e-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 e-Tender or otherwise, including the accuracy, adequacy, correctness, completeness or reliability of the e-Tender and any assessment, assumption, statement or information contained therein or deemed to form part of this e-Tender or 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 e-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 e-Tender. The issue of this e-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. Page 4 of 49 The Applicant shall be wholly responsible for any statements/documents/ records, etc. submitted pursuant to this e-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 e-Tender. ********** Page 5 of 49 AIRPORTS AUTHORITY OF INDIA DEPARTMENT OF COMMERCIAL VSI AIRPORT, PORT BLAIR E-tender is invited for award of SNACKS BAR IN SHA at VSI Airport, Port Blair INTRODUCTION 1. Airports Authority of India is ("AAI") is the largest Airport Operator in India providing Modernization, Air Navigation, Operation and Management of 125 plus Airports across India. 2. AAI is desirous of participation of eligible entities in the subject e-tender SNACKS BAR INSIDE SHA at VSI Airport, Port Blair. 3. 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. 4. 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. 5. The spurt in air traffic has brought new opportunities as well as challenges for AAI in terms of expanding airport infrastructure and passenger amenities. ************* Page 6 of 49 NOTICE INVITING E- TENDER (NIET) 1. E-Tender is hereby invited for granting concession for the following: Name of Facility Tender Processing Fees (in INR) Earnest Money Deposit (EMD) (in INR) Minimum Reserved License Fees (MRLF) (in INR) Period of License SNACKS BAR INSIDE SHA at VSI Airport, Port Blair Area: 6.8 sqmtr Rs. 10,000/- (Rupees Ten Thousand only) Rs. 1,11,000/- (Rupees One Lakh Eleven thousand only) RS 1,01,162/- (Rupees One lakh One thousand one hundred Sixty Two only) Per month, Applicable Taxes Extra 02 years NOTE: a) Offers below MRLF will not be considered for award. b) Highest quote/ offer over and above MRLF shall be the sole parameter for selection of highest bidder. c) 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. d) In addition to the Concession Fees, the selected bidder shall be liable to pay: i. Utility/ Facilitation Charges at 10% of normal space rent (or as may be notified by AAI from time to time, presently normal notified Non-AC space rent is Rs. 680/- per Sqm per month subject to annual escalation of 10%) for allotted Space. ii. 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. iii. Charges for the consumption of the electricity and water 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. 2. Location Details: Indicative plan of concession area layout along with detailed schedule of premises specifying area is at Appendix 3 & 4. 3. Period of Concession: 02 Years 4. Rate of Escalation: a) License Fees shall be subject to annual escalation. b) 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. 5. 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. Page 7 of 49 6. 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. 7. Business Incubation Period shall mean a period of fifteen (15) 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: a. Sites will be handed over to the selected bidder upon fulfillment of conditions of award within the stipulated time of business incubation period b. 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 16th day of issuance of LOIA i.e. immediately after expiry of business incubation period. However, actual handing over of sites shall only be done after completions of all conditions of award. c. 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 7th day 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: a) Gestation period of 60 Days, reckoned from the date of handing over of sites shall be permissible. b) 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, I. 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. II. 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 p r o -rata ba s i s f or e x i s t i n g a re a . Billing for the ne w l y developed/incremental a r e a s h a l l b e s t a r t e d a f t e r e x p i r y o f g e s t a t i o n period. 10. Eligibility Criteria : a. Technical Criteria: (i) The participating agency must have two (02) years experiences in F&B business during the last seven (07) years. (ii) The participating agency must have operated more than three outlets in the two-year period (during last seven years) for which experience in (i) above is claimed out of which at least one (01) should be located: Page 8 of 49 a. In any Indian airport/International airport with more than 1 million passenger/annual as on the date of publication of RFQ/Tender. OR b. Other passenger transport terminal such as, metro rail, metro rail station, railway, railway station (metro or railway stations must be in cities with population more than 10 L (as per 2011 census) or commercial complex (commercial complex should have a floor plate size of at least 10000 sq. mtrs). Other outlets (upto 2) can be present at ports, bus stations, airports, railway stations, hotels, metro stations, roads, highways, shopping complexes, other commercial complexes. Note: The copy of required documentary proof (work order/license and/or requisite proof as per Shops and Establishment Acts, Trade tax certificates etc. for each outlet) with the applicable authority and proof of completion of requisite tenure of two (02) years shall be submitted for verification. OR c. The participating agency shall be currently operating a hotel with at least three-star valid star category or heritage category issued by Hotel & Restaurant Approval and Classification Category (HRACC), Ministry of Tourism, Government of India with at least two (02) years of experience during the last seven (07) years. The copy of Hotel & Restaurant Approval & Classification Committee (HRACC) document for verifying the star rating and proof of completion of requisite tenure of two (02) years shall be submitted for verification. OR In case, Hotel is not HRACC certified, then Hotel should have following facilities:  Minimum 16 Hrs. Coffee Shop operations per day;  Standalone restaurant  Having minimum 80 rooms  Swimming pool  Duly supported by relevant documents OR d. The participating agency shall be currently an operator of the food and beverage business in a three-star hotel having valid star category or heritage category issued by Hotel & Restaurant Approval and Classification Committee (HRACC), Ministry of Tourism, Government of India with at least two (02) years of experience during the last seven (07) years. The copy of work order/license/ MoU with the hotel, proof of completion of requisite tenure of two (02) years shall be submitted for verification. OR e. The participating agency is currently functioning as a flight kitchen operator with at least two (02) years experience during the last seven (07) years. The copy of work order/ license/ MoU with the Airline Company and proof of completion of requisite tenure of two (02) years shall be attached as proof. AAI reserves the right to verify or refer any document to the concerned authority for confirmation from case to case basis. Mere submission will not bind AAI to accept the documents as valid for opening of technical or financial bid. Page 9 of 49 b. Financial Criteria: i. The minimum gross turnover shall be Rs. 12,14,000/-. Qualifying Turnover will be 50% from the Food & Beverages business for which experience has been claimed. ii. Turnover details, Profit & Loss account and related experience details should be duly certified by a Chartered Accountant/Statutory Auditor. iii. The turnover of the company/agency should be in any one of the last three (03) financial years from the date of publication of NIT. iv. Unless otherwise specified, net worth of the bidder should be positive. v. In case of multiple businesses of bidder, the breakup of the turnover (certified by statutory auditor/ chartered accountant) with the specific head as from the tendered facility should be submitted. vi. Duly notarized and stamped undertaking by bidder regarding overall as well as breakup of turnover should also be submitted. 11. Only one e 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. 12. Any party either a firm or an individual falling under the following categories is not eligible: a. De-barred/black listed by CBI or AAI or Undertakings/ Departments like; Railway, Defense, or any other Department of Govt. of India, State Govt. Deptt. etc. A declaration to this effect is also to be submitted by the party with 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 e tender. d. 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. e. 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 dues referred to an arbitrator for adjudication as per terms and conditions of the license agreement shall not form a part of outstanding dues for the purpose of the acceptance of tender documents. f. 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 associates or against any of the Directors/Managers/Employees" (In case if raids/seizure/search conducted, please furnish all such relevant details).” Page 10 of 49 13. E-Tender documents indicating full details of the license can be seen in the e-tender documents uploaded on the NIC CPPP E-Tendering portal at etenders.gov.in a. The bids shall be submitted only on the NIC CPPP E-Tendering Portal at etenders.gov.in b. The bids shall not be accepted in any other form. c. The e-tendering process is online at NIC CPPP E-Tendering Portal at etenders.gov.in d. Tenderer are requested/advised to get themselves acquainted for e-tendering participation requirement themselves at NIC CPPP E-Tendering Portal etenders.gov.in mentioned above. e. Clarification needed. If any, may be sent through NIC CPPP E-Tendering Portal only. f. Cost of Tender Fees amounting to Rs 10,000/- (Rupees Ten Thousand) non-refundable shall be paid by the bidder before the schedule time of e-tender submission through RTGS/NEFT in favour of “Airports Authority of India, Port Blair”. No other mode of payment shall be acceptable. g. The amount shall be Earnest Money Deposit (EMD) of Rs. 1,11,000/-(Rupees One Lakh Eleven thousand only) shall be paid by the tenderers before the scheduled time of e-tender submission through RTGS/NEFT in favour of “Airports Authority of India, Port Blair”. No other mode of payment shall be acceptable. h. The particulars pertaining to “Airports Authority of India, Port Blair” Bank account for RTGS/NEFT are as follows: Account Name Airports Authority of India, Port Blair Account Type Current Account Account No. 32354798837 Bank Name STATE BANK OF INDIA Branch Rakshavihar, Port Blair IFSC Code SBIN0008721 i. A copy of the proof / documents of the above payments (i.e. cost of tender document and EMD) made through RTGS / NEFT is to be uploaded (i.e. scanned copy) along with the technical bid documents to be submitted by the bidders (online). j. Non-submission of cost of tender document and EMD shall lead to disqualification of tenderers. k. E-bids shall be submitted in two bid system as follows:- i. Technical bid - Earnest Money Deposit (EMD) and other documents as required under clause 3 of the general information / guidelines of Notice Inviting Tender. ii. Financial Bid - As required under clause 4 of general information /guidelines of Notice Inviting Tender. Page 11 of 49 14. 1. Critical Dates: Sr. Activity Schedule Dates and Time 1. Download/Sale of e-Tender Document from NIC CPP Portal. From 25.11.2019 to 16.12.2019 Up to 1600 Hrs 2. Submission of queries related to e- Tender, if any, on NIC CPP portal only. Up to 07-12-2019 by 1600 Hrs 3. Reply to the queries by AAI on NIC CPP portal By 09-12-2019 by 1600 Hrs 4. Pre bid meeting with the prospertive bidders, if required On 11-12-2019 at 1600 Hrs 5. Online submiision of Bids/ proposal (s) (Technical Bid as well as Financial Bid) on etender portal Up to 16-12-2019 By 1600 Hrs 6. Opening of Techinical Bids/ Proposal(s) (online only) On 17-12-2019 at 1600 Hrs 7. Opening of Finaancial Bids/proposal (s) (online only) On 27-12-2019 at 1600 Hrs 2. In case bidder withdraws from tender process before opening of technical bid date and time, 10% of EMD amount shall be forfeited. 3. After last date of submission of bid, at any stage if an agency withdraws from tender process, entire EMD amount shall be forfeited. 4. 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 Airport for one year from the date of debarment. 5. AAI reserves to itself the right to reject the conditional tenders without assigning any reason thereto. 6. 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 tenders(s) 7. On acceptance of the tender, the name of the authorize representative(S) of the tenderer who be responsible for taking instructions from authorized official of the AAI is to be intimated. 15. It will be responsibility of licensee to obtain mandatory Security Clearance from BCAS, get the Security programme approved from BCAS and Airport Entry Passes (AEP) as per the guidelines of BCAS for operating the license. Licensee will ensure that police verification and other documents are submitted in time. AAI will not be responsible in any delay in the issuance of Security clearance, approval of Security programme and Airport Entry Passes due to non-adherence to the BCAS norms. The successful bidder can commence the business only after receiving approval of Security Programme and Security Clearance from BCAS. However the billing will start after gestation period irrespective of BCAS clearances. AIRPORT DIRECTOR VSI AIRPORT, PORT BLAIR ********