Exclusive Advertisement Rights at VSI Airport, Port Blair

 

 

  

 

AIRPORTS AUTHORITY OF INDIA

VSI AIRPORT, PORT BLAIR

 

 

 

 

 

Request for Proposal (RFP)

 

For

 

Exclusive Advertisement Rights

At

 

VSI Airport, Port Blair

September - 2020

 

 

 

Cost of E-Tender Documents – (Non-Refundable)

 

Rs.10,000/- (Rupees Ten Thousand only) inclusive of all taxes

 

 

Tender Reference No. AAI/PB/COMML/ADVT/2020

 

 

Tender ID. 2020_AAI_ XXXX_1

 

 

 

 

 

 

 

 

 

CONTENTS

 

 

SI. No.

 Particulars

Page No.

1

 Disclaimer

3-4

2

 Definitions &Interpretations

5-13

3

 e-Tender Guidelines

14-16

4

 Chapter-1 Introduction

17-21

5

 Chapter-2 Instruction to bidders

22-33

6

 Chapter-3 Evaluation of Proposals

34-36

7

 Capter-4 Award of Concession

37-39

8

 Chapter-5 The Concession & Concessionaire

40-46

9

 Chapter-6-Fraud and Corrupt Practices

47-48

10

 Chapter-7 Miscellaneous

49-80

 

  Form-I Annexure-1-Details of Bidder

 Form-I Annexure-2-Technical & Financial Capacity

 Form-I Annexure-3-Certificate from Chartered Accountant

 Form-I Annexure-4-Details of Outstanding Dues

 Form-I Annexure-5-Outstanding Dues Certificate

 Form–II      Statement of Legal Capacity

 Form-III    Power of Attorney

 Form-IV    Power of Attorney for Consortium

 Form-V      Joint Bidding Agreement

 Form-VI    Format of Affidavit

Form VII    Format for Integrity Pact

 Form-VIII   Checklist of Submission

Appendix-I Appendix-II

 

11

 Appendix – I FORMAT FOR FINANCIAL PROPOSAL

 

81

12

 Appendix – II Passenger Traffic Data

82

11

 Appendix – III Concession Agreement

83-122

12

 Schedule-A-Indicative Location Layout Plan

123-131

13

 Schedule-B-Monthly Concession Fee

132

14

 Schedule -C Price Bid BOQ

133

 

 

 

 

 

 

DISCLAIMER

 

 

The information contained in this Request for Proposal document (the “RFP”) or subsequently provided to  Bidder(s),  whether  in  documentary  form,  by  or  on  behalf  of  the  Authority  is provided to Bidder(s) on the terms and conditions set out in this RFP and such other terms and conditions subject to which such information is provided.

 

 

This  RFP  is  neither  an  agreement  nor  an  offer  by  the  Authority  but  an  invitation  to  the prospective Bidders or any other person. The purpose of this RFP is to provide interested parties with information that may be useful to them in the formulation of their Proposal for Selection pursuant  to  this  RFP  (the  “Proposal”).  This RFP includes statements, which reflect various assumptions and assessments arrived at by the Authority in relation to the Concession. Such assumptions, assessments and statements do not purport to contain all the information that each Bidders may require. This RFP 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 RFP. The assumptions, assessments, statements and information contained in this RFP may not be complete, accurate, adequate or correct. Each Bidder 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  RFP  and  obtain independent advice from appropriate sources.

 

Information provided in this RFP to the Bidder(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 Bidder, 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 RFP or otherwise, including the accuracy, adequacy, correctness, completeness or reliability of the RFP and any assessment, assumption, statement or information contained therein or deemed to form part of this RFP or arising in any way with pre-qualification of Bidders 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 Bidder upon the statements contained in this RFP.

 

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 RFP.

 

The issue of this RFP does not imply that the Authority is bound to select and short-list pre-qualified Proposals for Bid Stage or to appoint the Selected Bidder or Concessionaire, as the case may be, for the Concession and the Authority reserves the right to reject all or any  of the Proposals without assigning any reasons whatsoever.

 

The Bidder shall bear all its costs associated with or relating to the preparation and submission of its Proposal 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  Proposal.  All  such  costs  and expenses will remain  with the  Bidder  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 Bidder in preparation for submission of the Proposal, regardless of the conduct or outcome of the Bidding Process.

 

The Bidder shall be wholly responsible for any statements/documents/ records, etc submitted pursuant to this RFP and ensure accuracy thereof. The Authority or its employees shall accept no responsibility or  liability  for  any  deficiency  that  may  be  made  by  the  bidder.  Any false declaration made by the Bidder shall invite action as may be decided by the Authority including termination, debar, forfeiture of Bid Security and/or Security Deposit. The Bidder shall also indemnify the Authority and its employees from actions arising out of this RFP.

 

 

 

DEFINITIONS AND INTERPRETATIONS

 

 

In this RFP, the following expressions shall have the meaning stated herein:

 

Access Date" shall mean the date on which the concessionaire is handed over physical possession of  at  least  50%  of  the  location  designated  in  the  RFP/RFQ/tender  (after  completion  of  the contractual formalities like acceptance of the LOIA, submission of security deposit, signing of agreement etc.) within the incubation period. In case the agency fails to take over the approved sites  within  gestation  period  mentioned  in  LOIA,  the  next  day  from  the  gestation  period mentioned in LOIA shall be deemed to be the access date. In case the agency is notable to receive security clearances within gestation period, the Authority may extend the access date to a later date. However, in any case the access date should not exceed 30 days from the issuance of LOIA/ Award letter.

 

A  handing  over  /  taking  over  report  to  be  signed  by  the  concessionaire  with  AAI  within Incubation period.

 

“Access  to  Concessioned  Premises”  The  concessionaire  and  its  bonafide  representatives, employees, agents, business associates will be accorded access to the Concessioned premises for carrying out all activities related to its business at all times subject to adherence of security requirements as set out by AAI/BCAS from time to time.

 

“Addendum” shall mean any written amendment to this RFP, from time to time issued by Authority in accordance with Clause-2.11 hereof.

 

“Advertisement” would mean display of advertisement material by any medium of the choice of the Concessionaire without any distinction of being illuminated or non-illuminated including advertisement by means of pictures, printed material, digital/laser and/or electronic medium, outdoor  hoardings,  product  showcasing  and  any  other  form  that  are  not  objectionable  or prohibited by Applicable Law subject to approval of AAI.

 

“Advertisement Display” would mean a specially fabricated display structure able to either carry     a     static/     moving/multiple     imaging     advertisement/     information/     corporate communication display with or without advertisement impact study accessories/ devices, held and fixed in a manner as per fixing/hoisting arrangement approved by AAI, and would also include  “Product/Services  Showcasing/Display”   and  would  mean  a  specially  fabricated structure or an earmarked area to be used for showcasing any type of products, vehicles, services with or without human interface at locations specifically approved in the “Location Layout Plan” by AAI

 

“Advertisement Display Area”  shall  mean  the  Actual  Advertisement  Area  [i.e.  (Length  X Breadth/Height)/  (Circumference  X  Breadth/Height)  or  as  the  case  may  be  irrespective  of number of images displayed through a single advertisement structure excluding the mounting frames/facilities necessary for its hoisting/fixing/fabrication in site. However, in case where the advertisement is carried out by occupying the floor space the actual floor space occupied would be the unit of charge of Advertisement Area provided the height of the display is not exceeded by ten (10) feet.

 

“Advertising Rights Concession”  would mean “Exclusive Advertisement Rights” and cover all types of indoor and outdoor advertising/brand promotion media, such as Bill Boards, Gantries, Back Lit Static Displays, Stunners, Display Windows, Flag Posts, Traffic Signage’s, Digital/Laser Floor/Ceiling graphics, Product/Services Showcasing with or Without Human Interface, Vehicle & Refitted Vehicle Displays with or without Human Interface,  Multiple Imaging, Electronic & Digital Displays (e.g. Video Wall & Close Circuit Flight Information Televisions),   Display on LCD /LED TV , Time & Temperature Displays, Ball Balloons, Shoe Shining Machines, Multi Screen Moving Displays, Conveyor Belt Advertisements, Pillar Wraps, Special Brand Promotion, Drop    Downs/    Banners/    Decorations    on    special    events,    Mobile/Laptop    chargers, Sponsorship/Advertising   on   Security   Trays,   Queue   Managers,   Planters   and   any   future advertising innovations etc.

 

“Airport” shall mean the entire Airport Estate located at VSI Airport, Port Blair and would include all  its  present  and  future  terminal  buildings,  land,  buildings,  roads,  car  parks,  equipments facilities and systems.

 

 

“Airport Branding Area” shall mean a specifically reserved advertisement area to be used for Authority  Branding/ Social Messages/Information dissipation purposes.  This Advertisement Area would be in addition and will not at any time exceed five percent (05%) of the Assigned Advertisement  Area  licensed  to  the  concessionaire.  The  provision  of  these  Advertisement Display  structures  however  will  be  the  responsibility  of  the  Concessionaire  at  his  cost  in consultation and with  approval  of Authority.  However,  the  costs related  with exhibition  of information on these displays would be borne by Authority. (Refer Clause 5.2.5)

 

“Airport Users” shall mean any person using or involved in activities at, or in connection with or in relation to the Airport, including without limitation, staff of the Airport and airlines operating at the Airport, the passengers and flight crew members of airline.

 

“Alternative Location” shall mean the particular Advertisement location offered/sought for relocating/substituting the original location as per approved layout plan within the limitations of Location layout Plan approval protocol. “Annual escalation of License fee” will be as follows:

 

 

(i)    The following principles shall be followed while working out the escalation.

 

(a) The rates of recurring payments shall be escalated every year from the first day of the month from first billing date.

 

(b) The base date for working out such escalation shall be the first  day post completion of gestation period.

 

(ii)   The escalation shall be worked out as per the formula given below:-

 

Rn1= (CPI1-CPIo) / CPIo               Rn2= (PaxI – Pax0) / Pax0

 

Rn  = (0.2 Rn1 + 0.8 Rn2) * 100%

Rn:   Escalated rate/Revised rate which shall be applicable in the year which is to follow after the completion of n years since the first day of the month after the Bid opening month.

 

R:    Rate quoted by the licensee at the time of bid.

 

CPI 1: The monthly consumer price index (All India CPI- General Index (Urban) for Delhi center as issued by The Central Statistics office (CSO), Ministry of Statistics and programme Implementation  (Govt.  of  India),  latest  series  shall  be  applicable.  The  monthly  index applicable shall be the annual average of CPI starting from 1 year prior to the date on which the escalation is being calculated to the last available CPII at the time of escalation of rate.

 

Pax 1: The annual passenger traffic for respective airports is issued by Airport Authority of India shall be applicable. The annual traffic date starting from 1 year prior to the date on which the escalation is being calculated shall be applicable

 

 

CPI 0: The monthly Consumer price index (ALL India CPI-General Index (Urban) for Delhi central as issued by The Central Statistics Office (CSI), Ministry of Statistics and programme Implementation  (Govt.  of  India),  latest  series  shall  be  applicable.  The  monthly  Index applicable shall be the annual average of CPI starting from 1 year prior to receipt of bid to the last available CPII at the time of receipt of bid.

 

Pax 0: The annual passenger traffic for respective airports as issued by Airports Authority of India shall be applicable. The annual traffic data starting from 1 year prior to the date of receipt of bid shall be applicable

 

iii) Rate of Escalation (Rn) will be calculated per annum as per sample calculation given below. However, for practical purpose Rn will be calculated from the last available CPII at the time of escalation of rate. No reduction in the applicable current rate shall however be allowed in case the revised rate falls below the rate existing at the time when escalation is calculated for rate. (i.e. if Rn+1 is worked out less than Rn, the rate Rn will continue to be applicable).

 

iv) Rate of Escalation (Rn) will be calculated on the basis of the above mentioned formulae. However, the lower limit (floor) of 10% and upper limit (cap) of 20% shall be applicable on the escalation rate.  The  calculated  rate  will  be rounded  to  the  closest  0.5%.  for  example,  if the calculated Rn=14,37% , a rate of 14.5% shall be used to calculate annual escalation.”

 

"Applicable Laws" means all applicable laws for the time being in force and effect as of the date hereof and which may be promulgated or brought into force and effect hereinafter in India or such  other  territorial  jurisdiction  outside  India,  by  any  authority,  including  Governmental Authority, including any revisions, amendments or re-enactments including without limitation statutes, rules, regulations, bye-laws, policies made there under, judgments, decrees, injunctions, writs, orders issued by any court of record or other requirement or official directive of any Governmental Authority or any person acting under Authority of any Governmental Authority or any statutory authority, including any notification issued by the Reserve Bank of India or of any  Governmental  Authorities,  as may  be  in force  and effect  during  the  subsistence  of the Agreements.

 

 

"Applicable  Permits"  means  all  clearances,  licenses,  permits,  authorizations,  no  objection certificates, consents, approvals and exemptions required to be obtained or maintained under Applicable  Laws  in  connection  with  the  development,  operation  and  maintenance  of  the Concessions, for or in respect of the Concession Agreement including but not limited to the approvals from Airport  Health  Officer,  Airport  Security  and all other  approvals as may  be required to execute, give effect to, and perform the Agreement and the approvals and consents required from Authority or any other Governmental Authority pursuant to this RFP or the Agreement, including any third party approvals as may be required by the Concessionaire.

 

“Assigned Advertisement Area” shall mean the composite Advertisement Area which has been approved to be used for Advertisement purposes as per Approved Location Layout Plan.

 

“Associate” Associate company in relation to another company means a company in which that other  company  has  a  significant  influence,  but  which  is  not  a  subsidiary  company  of  the company having such influence and includes a joint venture company as per Companies act 2013.

 

Explanation: For the purpose of this clause “significant influence means control of at least twenty percent of total share capital or of business decisions”.

 

“Authority” shall mean the Airports Authority of India constituted under Airports Authority of India Act, 1994, including any amendment / re-enactment thereof.

 

“BCAS” means Bureau of Civil Aviation Security and its branch offices having jurisdiction over airport of concession.

 

 

“Bid Process” shall mean the bidding and selection process as detailed in this RFP.

 

“Bidder” shall mean a sole entity or a Consortium of entities, submitting a proposal pursuant to this RFP.

 

“Business Incubation Period” shall mean a period of thirty (30) days from the date of issuance of Letter of Intent to Award the Concession to the Selected Bidder. (Refer Clause 4.2.1 and 5.1.2). The selected bidder will be under obligation during this period to complete all formalities and meet other obligations as will be specified in the LOIA by Authority.

 

“Chartered  Accountant”  shall  mean  a  person  practicing  in  India  or  a  firm  whereof  all  the partners are practicing in India as Chartered Accountant(s) within the meaning of the Chartered Accountants Act, 1949.

 

“Companies  Act”  shall  mean  the  (Indian)  Companies  Act,  2013,  any  amendments  or  re- enactments  thereto  or  any  other  legislation  governing  the  incorporation  and  existence  of companies in India.

 

 

“Concession Agreement” “Concession Agreement” shall mean the agreement to be entered into between the Authority and the Selected Bidder (in case of consortium it will be SPV) as per the draft format set out in Appendix-III to this RFP.

 

“Concession Fee” Concession fee (License fee) for the first concession year shall be quote offered by the successful bidder for the tendered display area (i.e. Quoted rate per sqft per month  ultiplied by total advertisement display area in the RFP/tender.). For subsequent concession years, the concession fee shall always be as per clause 10.2.3 of RFP.

 

“Concession Fee Commencement Date” shall mean the 61st day in respect of all tendered sites i.e. at the expiry of the Gestation Period of 60 days, reckoned from the Access date or a later date if  notified  by  Authority.  However, in  the  event  of  concessionaire  commencing  commercial exploitation  of  the  approved  advertisement  locations  as  a  sample  marketing  exercise,  the concession fee shall be charged on Pro Rata basis.

 

For any sample marketing during the gestation period the licensee has to obtain prior approval from AAI in writing before such display at approved location.

 

 

Further during the gestation period if the licensee displays its own name, contact number, email, website etc. to make awareness towards being authorized advertisement agency at the airport as a self-marketing promotion such display during gestation period will not attract any concession fee. However, this partial utilization of the Assigned Area during the Gestation Period as Sample

Marketing would not shift or affect the formal Concession Fee Commencement date.

 

“Concession Fee Holiday Period” would mean a period whereby the Airport Operations are suspended    for    Security/Operational/Civil    Unrest/    Natural    Calamities    or    any    other requirements. The “Concessionaire” defined herein would be entitled to proportionate rebate in the payment of concession fee.

 

“Concession Period” shall mean, a period of Seven (07) years commencing from the Concession Fee Commencement Date, unless terminated earlier in accordance with the terms and conditions of the Concession Agreement.

 

“Concessioned Premises” would  mean  the  premises  where  the  advertising  displays  as  per approved location layout plan are installed /positioned.

 

“Concession Year” shall mean each successive twelve months period during the concession term.

 

“Concessionaire” shall mean the Selected Bidder, who executes the Exclusive Advertisement Rights Concession Agreement with the Authority.

 

“Conflict of Interest” shall have the meaning as ascribed to the term in Clause 2.2.1(c).

 

“Consortium” shall mean a group of two or more entities, not exceeding three, coming together to submit a Proposal.

 

“Denial  of  Access  to  the  Concessioned  Premises”  shall  mean  a  situation  whereby  the concessionaire is continuously denied access to the concessional premises by Authority (Other than Security Requirements) on any grounds for more than seven (7) days (AAI Working Days), the entire period of denial of access would be construed as denial to conduct the concessional business and qualify for proportionate rebate of Concession Fee. However, such rebate would be permissible only if there is written document/communication by AAI towards such denial with reasons thereof.

 

“Displaced Location” shall mean an originally approved location ordered to be relocated at an Alternate location by Authority to meet its requirements. In such an event the Concessionaire would be entitled to a notice period of one month (30 days) and a Resurrection period of Thirty (30) days as already defined herein after the date of communication of approval of Alternate Location. Further the agency has to submit the alternate location plan within 7 days of such notice and AAI will approve or suggest alternate sites within the 30 days of issue of notice. In case of non- agreement between the parties towards alternate location, the decision of AAI shall be final and binding upon the concessionaire. In such an event resurrection period would be deemed to be commenced from 31st day of notice. Such non-agreement will not attract any rebate other than permissible during resurrection period.

 

“Earnest Money Deposit (EMD)” shall mean a specified amount to be deposited by each Bidder with Authority in accordance with Clause 2.20.

 

“Electricity Charges” shall mean the charges for the actual usage of electricity at the rate as applicable  and  as  may  be  notified  by  the  Authority  from  time  to  time,  payable  by  the Concessionaire to Authority or any other agency appointed by Authority in this regard.

 

“Financial Proposal” shall mean the binding and final financial offer to be submitted by each Bidder online in the GOI Central Public Procurement Portal only. The quote in physical form as a document need not be submitted along with technical bid documents.

 

“Gestation Period” means the period commencing on the “Access Date” and expiring on the 60th day thereof.

 

“Government of India (GOI)” shall mean the Government of India and any agency, authority (including regulatory authority), department, inspectorate, ministry or statutory person (whether autonomous or not) under the control and direction of GOI.

“Governmental   Authority"   shall   mean   any   government   authority,   statutory   authority, government department, ministry, secretariat, agency, commission, board, tribunal or court or other law making body/ entity having or purporting to have jurisdiction on the parties to the Agreements, including   the GOI or any other regulatory authority appointed by GOI having jurisdiction in relation to the subject matter of the Agreements under Applicable Law, the Bureau of Civil Aviation Security, the Central Industrial Security Force, and shall where appropriate include Authority.

 

“INR” shall mean Indian Rupee, being the lawful currency of Republic of India.

 

“Indoor Advertising Location” shall mean an approved advertising location which is situated inside of an operational passenger terminal.

 

“Interactivity”  is  the  dialog  that  occurs  between  a  human  being  (or  possibly  another  live creature) and a computer program.

 

 

“Joint Bidding Agreement” shall have the meaning ascribed to the term in Clause 2.2.5(e) & (f).

 

“Lead Member” in respect of a Bidder where the Bidder is a Consortium, shall mean such entity, which is named and identified as such in the Proposal and as described in clause 2.2.5(c).

 

 

“Letter  of  Intent  to  Award”  or  “LOIA”  shall  mean  the  written  communication  issued  by Authority to the Selected Bidder intimating the acceptance of its Financial Proposal for award of the Advertisement Rights Concession in response to the RFP.

 

“Location Layout Plan” shall mean the detailed location plan of positioning of advertisement displays in the Airport, its size and associated arrangements as submitted by the concessionaire based on its current business prospective and approved by Authority. (Authority will identify 1- 2  places  for  product  /  promotional  display  inside  terminal  For  eg.  Car display). The concessionaire will have the option to seek rationalization of the originally approved location layout  plan  during  the  currency  of  the  concession  depending  upon  the  dynamism  and requirements of the market on yearly basis not exceeding 25% of the already approved lay out plan area.

 

“Location Layout Plan Approval Protocol” shall mean the methodology and limitations for approving  the  “Location  Layout  Plan”  by  Authority.  However, the  Location  Layout  Plan submitted by the Concessionaire may be ordered to be altered/modified/substituted to suit the AAI requirements as expeditiously as possible but not later than 15 (FIFTEEN) working days after the concessionaire has complied with the Authority directed alterations. However, AAI decision shall be final and binding up on the concessionaire.

 

“Minimum  Lock  in  Period”  shall  mean  a  period  equivalent  to  fifty  percent  (50%)  of  the Concession Term commencing on the Concession Fee Commencement Date. (Refer Clause 5.3.1).

 

“Month” shall mean a Gregorian calendar month and for all calculation purposes would be considered to constitute thirty (30) days.

 

“Nodal Office” would mean the Department of Commercial at airport of concession.

 

“Notice of Dissatisfaction” shall mean a written notice of thirty (30) days served in writing by Authority/Concessionaire on the other, specifically highlighting the instances which bring out specifically  the  deficient  discharge  of  obligations  (Events  of  default)  as  provided  in  the “Concession  Agreement”  and  especially  the  instance  (s)  of  Unsatisfactory  Performance  as defined herein.

 

“Notice of Termination of Concession Agreement” Authority  as  well  as  the  Concessionaire  will  have  the  option  to  terminate  the  Concession Agreement after expiry of Notice of Dissatisfaction period of thirty (30) days by giving a further Notice in writing of Notice of Termination of One Hundred and twenty (120) days at any time during the currency of the concession agreement, but after having completed the minimum lock in period equivalent to fifty percent (50%) of the Concession Term. However, Authority will be entitled to issue such Notice of Termination of one hundred and twenty (120) days even during the Minimum Lock in Period also in the event of Unsatisfactory Performance only as defined herein, if the concessionaire has not made amends after expiry of thirty (30) days notice period of Notice of Dissatisfaction.

 

“Occupancy Status Report” would mean a report on the status of the physical percentage of Assigned  Advertisement  area  which  could  be  commercially  sold  by  the  concessionaire  in a quarter of a Concession year. The Concessionaire would be under an obligation to submit such report to Authority on a Quarterly basis.

 

“Original Location” would mean the Advertisement Location as physically handed over as per the first approved Location Layout Plan.

 

“Outdoor  Advertisement  Locations”  shall  mean  an  approved  advertising  location  which  is located outside the operational passenger terminal buildings.

 

 

“Outstanding Dues” shall have the meaning ascribed to the term in Clause 2.2.1(d).

 

“Passenger Data” shall mean the passenger data provided by Authority as per Appendix-II to this RFP.

 

 

“Passenger Terminal” shall mean, wherefrom the passenger movements are operated/handled by the Authority.

 

“Proposal” shall mean the Technical and Financial Proposal to be submitted by each Bidder pursuant to this Request for Proposal (RFP) in the forms provided hereto.

 

 

“Proposal Due Date” shall have the meaning ascribed to the term in Clause -2.14.

 

“Proposal Validity Period” shall have the meaning ascribed to the term in Clause-2.17 of this RFP.

 

“Qualified Bidder(s)” shall mean the Bidder(s) who, after evaluation of their Technical Proposal as per Clause-3.3.4, stand qualified and eligible for opening and evaluation of their Financial proposals.

 

“Rationalization  Rights”  of  the  concessionaire  shall  mean  that  the  Concessionaire  can  seek rationalization  of  the  originally  approved  Location  Layout  Plan  once  in  a  Year  within  the limitations of the Location Layout plan protocol subject to submission of a comprehensively revised Location Layout Plan after every such exercise. The  concessionaire would be under obligation to cooperate and coordinate with Authority for undertaking a physical verification exercise in the first quarter of every concession year.

 

“Resurrection Period” shall mean a period of Thirty (30) days from the date of communication of approval of an Alternate Location in respect of a Displaced or Withdrawn Location and would be a Concession Fee Holiday Period on Proportionate basis in respect of the affected locations only

 

“Request For Proposals or RFP” shall have the meaning ascribed to the term in Clause 1.2.1.

 

“Sample Marketing” shall mean putting to use for display of Advertisement/Brand Promotion of some of the Advertisement Area out of the Assigned Advertisement Area as per Approved Location Layout Plan by the Concessionaire during the Gestation period either to its prospective clients or for Self-Branding as the case may be. (Refer Clause 5.15.3). For any sample marketing during the gestation period the licensee has to obtain prior approval from AAI in writing before such display at approved location. Further during the gestation period if the licensee displays its own name, contact number, email, website etc. to make awareness towards being authorized advertisement agency at the airport as a self-marketing promotion such display during gestation period will not attract any concession fee. However, this partial utilization of the Assigned Area during the Gestation Period as Sample Marketing would not shift or affect the formal Concession Fee Commencement date.

 

“Security Deposit” shall mean, the interest free security deposit to be furnished and maintained by the Concessionaire to Authority, at all times during the Concession Term, in the manner as set out herein and in the Agreement.

 

“Selection Process” shall means the selection process detailed in Section 3 of the RFP.

 

“Selected Bidder” shall mean the first highest bidder who has quoted the highest amount after opening of the Financial Proposals and has been selected by the Authority pursuant to the selection process detailed in Section 3 of the RFP.

 

“Service Area” shall mean any storage area/office space/back office etc.   Including a remote warehouse, located at the Airport to which Authority may allow access to the Concessionaire for implementing the Concession on payment of Space Rental, Common Area Maintenance Charges, Electricity and Utility Charges as may be applicable from time to time during the currency of the Concession.

“Space Rent” shall mean, with respect to a Terminal, the amount so notified by the Authority as per the extant guidelines to this effect to be the rent payable by the Airport Users for use of the Service Area within / outside such Terminal.

 

“Special Purpose Vehicle (SPV)” shall mean a company constituted by the Selected Bidder under the (Indian) Companies Act, 2013 for the purpose of executing the Concession Agreement with the Authority

 

"Taxes" means applicable national, local or foreign tax on gross income, gross receipts, sales, use, ad valorem, value-added, capital gains, transfer, withholding tax; duties of custom and excise, stamp duty or other taxes, fees, assessments or charges of any kind whatsoever, together with any interest and any fines, penalties, additions to tax or additional amount with respect thereto and "Taxation" or "Tax" shall have a corresponding meaning.

 

“Technical Proposal” shall mean the technical proposal to be submitted by each Bidder as part of the Proposal in the forms specifically provided in compliance with this RFP.

 

“Threshold Eligibility Criteria” shall mean the minimum eligibility criteria as prescribed in Clause 2.2.2 hereof, to be satisfied by Bidder (in case of the Consortium, the Lead Member) and / or its Associates, to be eligible to be a Qualified Bidder in terms hereof.

 

 

 

“Unsatisfactory Performance” shall mean Events of Default under the license agreement and also include the continued failure of the Concessionaire to pay the Concession Fee resulting in Outstanding Dues exceeding fifty percent (50%) value of the Security Deposit maintained with Authority. Such a situation would entitle Authority to issue a Notice of Dissatisfaction as defined herein.

 

“Utility Charges” shall mean the charges for the usage of electricity, water, sewerage, data, voice communication and other analogous utilities at the Advertisement Area.

 

“Withdrawn Location” shall mean an originally approved location which has been caused to be withdrawn by Authority and for which Authority is not able to offer an Alternate Location within the limitations of Location Layout Approval Protocol. Such a withdrawal must precede a one  month  (30  days)  notice  and  on  expiry  of  the  notice  would  qualify  for  proportionate concession fee holiday.

 

“Year” means a period of twelve (12) Months.

 

1. Interpretation

(a)   Reference to Clauses, Sections, or Annexure is reference to Clauses, Sections, Recitals and Annexure of this RFP.

 

(b)   For the purpose of this RFP, where the context so admits, the singular shall be deemed to include the plural and vice-versa.

 

(c)    Except where the context requires otherwise, references to statutory provisions shall be construed as references to those provisions as respectively amended or re-enacted or as their application is modified by other provisions (whether before or after the date hereof) from time to time.

 

(d)    The Appendix of this RFP shall form an integral part of the RFP and shall be read along with the RFP.

 

(e)   The descriptive headings of Articles and Sections are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of content thereof and shall not be used to interpret the provisions of this RFP.

 

(f)    In case any date/day mentioned in this RFP happens to be a holiday in Authority, the next working day will be reckoned to be the date/day originally intended to be the date/day.

 

 

 

E-Tendering guidelines to the bidders

 

1.   https://etenders.gov.in/eprocure/app

 

2. For any technical related queries please call the Helpdesk. The 24x7 Help Desk Number 0120-4200462, 0120 – 4001002

Note:- Bidders are requested to kindly mention the URL of the Portal and Tender ID in the subject while emailing any issue along with the contact details. For any issues/clarifications relating to the tender(s) published kindly contact the respective Tender Inviting Authority.

Tel                                    :    0120 – 4200462, 0120 – 4001002

Mobile                           :    91 8826246593

E-Mail                             :    support-eproc@nic.in

 

3.   For any Policy related matter / Clarifications Please contact Dept of Expenditure, Ministry of Finance. E-Mail: cppp-doe@nic.in

 

4.   For any Issues / Clarifications relating to the publishing and submission of AAI tender(s)

 

In order to facilitate the Vendors / Bidders as well as internal users from AAI, Help desk services have been launched between 0800-2000 hours for the CPPP under GePNIC http://etenders.gov.in. The help desk services shall be available on all working days (Except Sunday and Gazetted Holiday) between 0800-2000 hours and shall assist users on issues related to the use of Central Public Procurement Portal(CPPP).

 

b. Before submitting queries, bidders are requested to follow the instructions given in “Guidelines to Bidders” and get their computer system configured according to the recommended settings as specified in the portal at “System Settings for CPPP”

 

5. E-Tendering Participation Requirements : Interested vendors willing to participate through e-tendering process are required to register themselves on the portal https://etenders.gov.in/eprocure/app portal. Following the process given below :

 

5.1.  (i) For any technical assistant with regard to the functioning of the portal the bidders as well as AAI users may establish contact according to the escalation matrix as mentioned below:-

 

 

S. no.

Support

Persons

Escalation

Matrix

 

E-mail address

Help Desk

Number

 

Timings

1.

Help Desk Team

Instant Support

eprochelp@aai.aero

 

011-24632950, Ext-3512 (6 Lines)

0800-2000 Hrs. (MON-SAT)

 

2.

Sh. Sanjeev

Kumar, Jr. Exe.(IT)

After      4

hours of issue

sanjeevkumar@aai.aero

011- 24632950,

Ext - 3505

0930-1800 Hrs. (MON-

FRI)

3.

Mrs. S.Nita

Sr. Mgr.(IT)

After 12 hours

snita@aai.aero

011- 24632950,

Ext- 3523

0930-1800 Hrs. (MON-

FRI)

4.

General

Manager(IT)

 

After 3 days

 gmit@aai.aero

011-

24657900

0930-1800 Hrs.

(MON-

FRI)

5

Bid Manager

----------

Bid Manager :

Tel. No : 03192-230044

 

E--Mail ID :

commercial_vopb@aai.aero

 

0930-1800 Hrs. (MON-FRI)

 

* The Helpdesk services shall remain closed on Govt. Gazetted Holidays.

 

6. The above mentioned help desk numbers are intended only for queries related to the issues on e-procurement portal and help needed on the operation of the portal. For queries related to the tenders published on the portal, bidders are advised to contact concerned Bid Manager of AAI.

 

For queries related to the tenders published on the portal, bidders are advised to contact concerned Bid Manager of AAI.

Salient points about NIC CPP Portal

 

1.  The bidders should enroll in https://etenders.gov.in to carry out the procurement activities.

 

a. Bidders have to enroll themselves to the portal by following the bidder’s guide for enrolment to the portal.

 

2.  Entry will be through two factor login i.e. User id & password followed by the login through DSC.

 

3.  Portal allows multi- cover tenders, Limited Tender, Offline payment (Tender fees, EMD) and online bid submission and other important clauses as necessary.

 

4.  2-BOT: First cover (Fees, Pre-Qualification, Technical bid), second cover is Financial bid.

 

5.  Last date/time of sale of tender and last date/time of submission of tender are same by default.

 

6.  Only first-cover and financial -bid cover opening dates can be published. System generated e-mail/SMS shall be sent to bidders only at the  time of first-cover opening and financial-bid opening. However, accept/reject message to bidders at various stages goes by SMS/E-mail. Bidder is informed by mail/SMS about the result after every level of evaluation.

 

7.  The date for receiving clarifications can be extended by giving corrigendum only if the submission start date and time is not crossed/over.

 

8.   The bidders can see the recommendations after every stage under “tender status” bringing in transparency in the procurement process.

 

9.  Bidders can resubmit the bid any number of times. Bidder can also withdraw the bid.

 

10. Award of the contract can be viewed under “Results of the tender” in the site.

 

11. BOQ Template selection should be properly done as per the tender requirement. BOQ Template can be selected on the basis of following points:

(i)     a. This BOQ may be used, where department is carrying out overall value based Evaluation as well as bind the vendor to quote each and every item.

 

b. From contractor/ bidder side, this BOQ receives only Bidder Name and Basic/ Unit rate (“Inclusive of all Taxes” or “Exclusive of all Taxes”) in M Column only. Formula has to be applied on BA Column. Price comparative statement shall be calculated based on BA Column.

 

c. Using this sheet, system generates comparative chart indicating H1, H2…, H (n) against each item as well as on overall value.

 

(ii)    a. Item wise BOQ may be used where department is carrying out Item Wise Evaluation.

b. Always get Basic /Unit rate in M column only.

c. Always get Total Amount without Tax in BA Column only. i.e. Qty. X Basic Price.

d. Always get Total Amount with Tax in BB Column only.

e. Using this sheet, system gives comparative chart on L1 (With Tax and Without Tax both) based on item wise as well as overall value.

(iii)  The details regarding other BOQ Templates (i.e. Percentage BOQ, Item Wise BOQ open for L1/H1, Item wise Form Based BOQ, BOQ Mixed Template, BOQ Multicurrency Template) is available at ftp://ftp.aai.aero/eProcurement%20Manuals%20CPPP/

12.  Web-learning session on CPPP and the monthly calendar of web-learning session is available at https://eprocure.gov.in/cppp/trainingdisp

 

13.  Utmost care needs to be taken while DSC mapping in CPPP. User‟s -id should be mapped with his/her own DSC. In case, somebody‟s DSC is mapped with some other user-id, it cannot be reverted back.

 

14.For any other queries refer to ttps://etenders.gov.in/eprocure/app;jsessionid=8A3ED198A88B9B9373FF273CFBC8AE80.cppsu gep1?page=FAQFrontEnd&service=page

 

15.  It is recommended to upload the drawings in .dwf format. Auto Cad DWF Viewer is an Open Source software available on http://usa.autodesk.com/design-review.

 

16.Revised Circular and guidelines on reverse/forward auction are available at ftp://ftp.aai.aero/eProcurement%20Manuals%20CPPP/Reverse%20Auction%20Guidelines/

 

 

 

Chapter One (01)

INTRODUCTION

 

 

1.  General Information

 

1.1.1    The Airports  Authority  of  India  (the  “Authority”)  is  engaged  in  the  development, operation and maintenance of airport in India and as part of this endeavour, the Authority has  undertaken  the  construction  of  new  Terminals  for  domestic  and  international passenger traffic at VSI Airport, Port Blair which is located in the State of Jharkhand. In order to maintain and upgrade the passenger facilities for the Airport Users, Authority intends to grant  Advertisement Rights at the VSI Airport, Port Blair Estate including the passenger terminals  and  city  side  traffic  circulation  areas  and  approach  roads  (inside  Airport Premises) by resorting to  a competitive bidding process for selection of a Bidder to whom the  Advertising Rights Concession may be awarded. Brief particulars of the Concession are as follows:

 

Name of the Concession

Term of

Concession

Assigned Area for Advertising Concession

Type of Concession

“Exclusive            Advertisement

Rights”

Which  will  cover  all  types  of indoor and outdoor advertising

/ brand promotion media in the existing       wall/columns       as designated location (such as Bill Boards, Gantries, Back Lit Static Displays,     Stunners,     Display Windows,   Flag   Posts,   Traffic Signage’s,  Digital/Laser  Floor/ Ceiling      graphics,      Product/ Services   Showcasing   with   or Without      Human      Interface, Vehicle    &    Refitted    Vehicle Displays     with     or     without Human    Interface,        Multiple Imaging,   Electronic   &   Digital Displays   (e.g.   Video   Wall   & Close Circuit Flight Information Television),   LCD   /   LED   TV Displays  Time  &  Temperature Displays,   Ball   Balloons,   Shoe Shining Machines, Multi Screen Moving Displays, Conveyor Belt Advertisements,   Pillar   Wraps, Special Brand Promotion   Drop Downs / Banners / Decorations

One Year(01)

 

Extendable upto 1 year

 

 

1324 Sq.ft

 

(Inside -648 sqft & Outside -676 sqft)

On   Payment   of   Monthly

Concession Fee

 

Concession fee (License fee) for the first concession year shall be quote offered by the successful   bidder   for   the tendered   display   area   (i.e Quoted   rate   per   sqft   per month multiplied by total advertisement display area in the RFP / tender).

 

For   subsequent   concession years,   the   concession   fee shall always be as per clause

10.2.3 of RFP.

 

The    minimum    rate    per Square Feet per  month  for the   First   Concession   Year shall  be  no  less  than  INR

268.50/- per Sq. ft per month.

 

The bidders shall quote rate per  Square  feet  offered  by them in the E-Tender portal (NIC CPP Portal).

on   special   events,   Mobile   /

Laptop Chargers / Sponsorship

/ Advertising on Security Trays, Queue  Managers,  Planters  and any          future          advertising innovations   etc.   In   brief   all direct  and  surrogate  activities concerning brand promotion of any company / organization / person  or  persons/  product  / service       would       encompass Advertising Rights).

 

However special exclusions notified by  Authority  in  the  RFP  (Clause

5.2.5 Negative List) would not form

part     of     this     “Advertisement

Rights”.

 

Note: Advertisement   like Mobile / Laptop chargers / Queue Managers

/ Security tray etc. will be as per

Clause 1.2.8

 

 

 

 

 

 

1.2 RFP in Brief

 

1.2.1 This RFP  is  being  issued  for  the  determination  of  the  Selected  Bidder,  who  shall  be granted the Concession as per the terms of the Concession Agreement.

 

1.2.2 This RFP sets out the requirements that must be satisfied by the Bidders in order to participate in the competitive Bidding Process and the selection process to determine the Selected Bidder to whom the Concession shall be granted.

 

1.2.3 The Concession Agreement sets forth the detailed terms and conditions for grant of the Concession to the Selected Bidder, including the scope of the Concessionaire’s rights and obligations.

 

1.2.4 The statements and explanations contained in this RFP are intended to provide a better understanding to the Bidders about the subject matter of this RFP and should not be construed  or  interpreted  as  limiting  in  any  way  or  manner  the  scope  of  rights  and obligations of the Selected Bidder set forth in the Concession Agreement or Authority’s rights to amend, alter, change, supplement or clarify the scope of the Concession to be awarded pursuant to this RFP or the terms thereof or herein contained. Consequently, any omissions, conflicts or contradictions in the Bidding Documents including this RFP are to be noted, interpreted and applied appropriately to give effect to this intent, and no claims on that account shall be entertained by Authority.

 

1.2.5 The Bidding Documents include the draft Concession Agreement and any addenda issued subsequent to this RFP Document will be deemed to form part of the Bidding Documents.

1.2.6      Authority shall receive Proposals pursuant to this RFP in accordance with the terms set forth herewith   and   other   documents   which   may   be   provided   by   Authority   as modifications,   alterations, amendments   and   clarifications   from   time   to   time   by (collectively  called  the  “Bidding Documents”).  All  Proposals  shall  be  prepared  and submitted in accordance with such terms on or before the date specified in Clause 1.6 (the “Proposal Due Date”).

1.2.7      Authority, at its absolute discretion, reserves the right to modify any proposed terms and conditions set out in this RFP as deemed necessary by it, including but not limited to cancelling/ withdrawing the RFP, to meet its objectives and principles as set out in the RFP.

 

1.2.8      The successful bidder has to enter into Service Level agreement (SLA) with authority for mandatorily providing Mobile / Laptop Charges / Q Managers / Security Tray etc., maximum area for advertisement vide this media to be kept within the range of 1% to 2% of total advertisement area by assessing the requirement of these facilities at the airport and decided by the authority. This area shall be in addition to the total advertisement area at the airport for which the licensee shall not be billed. In addition to this Authority will also have the right to install LCD / LED TV for display of News / Entertainment Channels/ Passenger information’s etc.  for the requirement  of  passenger  facilitation  through respective service providers if required.

 

1.3      Sale of RFP Document

 

1.3.1      The  RFP  document  may  be  downloaded  /purchased  from  the  Government  of  India Central Public Procurement Portal (www.etenders.gov.in). The portal can also be visited through the website of Authority (http://www.aai.aero), where a link as “E-Tender” has been provided on the Home page for this purpose. Tender fee Rs. 10,000/- (Rupees Ten Thousand only) is the cost of the RFP document, which is non-refundable. The cost of RFP document is to be paid through electronic payment mode such as Wire Transfer/NEFT/RTGS  in  favor  of  “AIRPORTS  AUTHORITY  OF  INDIA, VSI Airport, Port Blair before the Last date/Time for Bid Submission.

 

The Bank particulars of the Authority are as follows:

 

The particulars pertaining to “Airports Authority of India” Bank account for RTGS / NEFT are as follows:-

 

 Account Name

 Airports Authority of India

 Account Type

 Current

 Account No.

32354798837

 Bank Name

 State Bank of India

 Branch

Raksha Vihar

 IFSC Code

SBIN0008721

 

 

A scanned copy of the receipt of the Tender Fee payment made is to be uploaded along with technical bid documents at the time of bid / proposal submission. Non-Submission of Tender Fee payment receipt as stated above shall lead to disqualification. No other mode of payment shall be acceptable. The bids of parties/agencies whose Tender Fee has not been received before the Last date/Time for Bid Submission, will not be considered for further processing.

 

 

1.4       Validity of the Proposal

 

1.4.1    The Proposal shall be valid for a period of not less than one hundred and eighty (180) days, extendable by another ninety (90) days, if so desired by the Authority, from the Proposal Due Date (the “PDD”).

 

1.5       Brief Description of Selection Process

 

1.5.1 The Authority has adopted a single stage selection process (the “Selection Process”) in evaluating the Proposals, comprising Technical and Financial Proposals to be submitted online   together   through   Government   of  India   Central   Public   Procurement   Portal (www.etenders.gov.in). After receipt of Proposals, a technical evaluation will be carried out as specified in Clause 3.3. Based on this technical evaluation, a short-list of Technically Qualified Bidders shall be prepared as specified in Clause 3.3.4. Thereafter, the evaluation of Financial Proposals submitted by only the Technically Qualified Bidders will be carried out as specified in Clause 3.4. Financial Proposals will finally be ranked and the Bidder proposing  the  highest  Financial  Proposal  shall  be  selected  for  award  of  LOIA  (the “Selected Bidder”). If the bidder proposing the highest financial proposal, withdraws its bids or does not sign the concession agreement for any reason, the authority shall cancel the entire RFP process and go for revised bidding.

 

1.5.2    The Authority reserves its right to grant the Concession to the Selected Bidder.

 

1.5.3    A Bidder is required to deposit, along with its Proposal, an Earnest Money Deposit (EMD) equivalent to INR 2,64,000/- (Indian Rupees Two Lakhs Sixty-Four Thousand Only).

 

The Earnest Money Deposit (EMD) is to be paid through electronic payment mode such as Wire  Transfer/NEFT/RTGS  in  favor  of  “AIRPORTS  AUTHORITY  OF  INDIA,  VSI AIRPORT, PORT BLAIR” before the Last date/Time for Bid Submission.

 

A scanned copy of the receipt of the EMD payment made is to be uploaded along with the technical bid documents at the time of submission of bid. Non-Submission of EMD receipt as stated above shall lead to disqualification. The refund and forfeiture of the EMDs shall be as per Clause 2.20 of the RFP.

 

1.5.4      Any  condition  or  qualification  or  any  other  stipulation  by  the  Participating  Bidder contained in the Proposal shall render the Proposal liable to rejection out rightly as a non- responsive Proposal.

 

1.5.      Bidders are advised to examine in greater detail and to carry out such studies as may be required to be carried out by them for submitting their respective Proposals for award of the Concession including implementation thereof at their exclusive cost. Authority would extend all assistance in that respect.

 

 

1.6       Schedule of Selection Process

 

 

 Sr. no.

 

 Activity

 

 Scheduled Dates and Time

 

 

1

Download  of  e-tender  document  from  e-tender  portal  (NIC  CPP Portal)

From 25.09.2020 to 16.10.2020

Up to 17.00 Hrs.

 

 

2

Physical Inspection of Proposed to be    Concessioned    Premises    by potential   bidders        with   prior intimation to Authority

Any working Day(s) between 28.09.2020 to 07.10.2020 from 1200 Hrs. to 1600 Hrs. All necessary cooperation in this regard shall be

extended by AAI to the prospective bidders.

 

 

 

3

Raising     of     queries     by     the applicant(s) /  bidders  in  writing to AAI

By 01.10.2020 up to 17.00 hours.

The queries should be submitted through e-tender Portal (NIC CPP Portal) only. Queries submitted through any other mode shall not be considered /entertained and will not be considered for answering.

 

4

Reply of queries by AAI

By 09.10.2020 on the web portal

 

 

5

Online    submission    of    bids    / proposal(s)  (Technical  as  well  as financial) on e-tender portal

UP TO 16.10.2020 BY 17.00 hrs.

 

6

Opening    of    technical    bids    / Proposal(s) (online only)

 

ON 19.10.2020 AT 17.00 Hrs.

 

7

Opening    of    financial    bids    / Proposal(s) (online only)(Tentative)

 

Will be intimated on CPP Portal

 

 

1.7       Communications

 

1.7.1    Any  queries  or  request  for  additional  information  concerning  this  RFP  shall  be submitted  online  only  through  Government  of  India  Central  Public  Procurement  Portal (www.etenders.gov.in). No other form of communication (including electronic mails and letter mails) will be entertained or  responded  to.  The communications  shall  clearly  bear  the following identification /title:

 

 

Queries / Request for Additional Information: RFP for Advertisement Rights Concession at VSI Airport, Port Blair.