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AIR INDIA LIMITED

Tender Reference: DSD/FF/WW/01 dated 21st Nov.2014

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Tender Ref: DSD/FF/WW/01 Date: 21st Nov, 2014

Sub: Two-bid tender for appointment of service provider for Export / Import - Local Handling &

Freight Forwarding at seven AIR INDIA LIMITED foreign stations of New York, LHR, Frankfurt, Paris, Dubai , Singapore & Hongkong

Air India limited (AIL) invites sealed quotations in two bid format (Technical and Commercial) from

IATA approved Freight Forwarding Agents and bonafied custom clearing agents at overseas stations, for appointment as AIR INDIA LIMITED’s Export / Import - Local Handling & Freight Forwarding Agents, for carrying out operations of Handling and Freight forwarding of COMAT (company material) consignments from seven foreign Air India operated locations of New York, LHR, Frankfurt, Paris, Dubai, Singapore & Hongkong to various stations in India viz New Delhi, Mumbai, Hyderabad and Kolkatta and also handing over of COMAT to various parties on arrival at these Seven foreign stations, directly as per the enclosures indexed on page 2 of this document.

The period of the proposed contract would be 5 years, duly extendable for another 1 year, at the

same rates, terms and conditions.

The Tender Forms can be down loaded from AIR INDIA LIMITED web site www.airindia.in free of cost.

You are requested to: � Prepare the Technical Bid, consisting of your Technical bid response at Annexure D2, along with

cover letter at Annexure D1, the Variance statement at Annexure F & the EMD for USD 4000, in a sealed envelope, super scribed duly with the tender reference “Technical Bid against Tender No. DSD/FF/WW/01 dated 21st Nov, 2014

� Prepare the Financial bid, consisting of your Commercial bid response at Annexure E2(1-7), along with cover letter at Annexure E1, in a sealed envelope, super scribed duly with the tender reference “Commercial Bid against Tender No. DSD/FF/WW/01 dated 21st Nov, 2014. Both the above sealed envelopes (containing the technical bid and the commercial bid) must be

put in a master envelope which should be also then sealed, super scribed duly with the tender reference “Tender for appointment of Export / Import - Local handling & Freight Forwarding Agents at New York, LHR, Frankfurt, Paris, Dubai, Singapore & Hongkong – Tender No. DSD/FF/WW/01 dated 21st Nov, 2014” and the closing date of the tender along with the tenderer’s company name, e-mail ID and Contact Person's name.

Tender should be addressed properly & submitted in the tender Box only, kept at the following address on or before the last date & time of submission of tenders as prescribed below : General Manager (Materials Management) AIR INDIA LIMITED, Avionics Complex, IGI Airport, Near New Customs House,

Terminal – II, New Delhi – 110037, INDIA. Last date and Time for submission of Tender: : 18th Dec 2014 up to 14.00 hrs IST Date and Time for opening of Technical bids : 18th Dec 2014 at 14.00 hrs IST

Only the Technical bids would be opened on the scheduled date of opening. The technical bids would be evaluated first. The financial bids of only those tenderer’s who meet the pre-qualification criteria as given at Annexure C and are qualified in the technical evaluation exercise, would be opened. Necessary intimation regarding the opening of commercial bids would be provided to such technically qualified vendors. Thanking you, Yours faithfully,

For AIR INDIA LIMITED

(Vivek Palwankar) . General Manager (MM)-O

New Delhi, INDIA

AIR INDIA LIMITED


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SR. NO T O P I C Page No.

1 General (cover page & table of contents) 1 – 2

2 Introduction and General Details 3-4

3 Annexure A - General Terms & Conditions of tender

5-10

4 Annexure B - Work scope of tender document

11-13

5 Annexure C – Eligibility and pre qualification criteria 14

6 Annexure D1 - Covering letter for submission with of Technical bid 15

7 Annexure D2 - Detailed format for submission of Technical bid.

16-17

8 Annexure E1 - Covering letter for submission of Commercial bid.

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9 Annexure E2/ (1-7) - Format for submission of Commercial bid.

19-25

10 Annexure F - Statement of Variance.

26

11 Annexure G- Integrity Pact 27 -31

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Two-bid tender for appointment service provider for Export / Import - Local Handling & Freight

Forwarding at seven AIR INDIA LIMITED foreign stations of New York, LHR, Frankfurt, Paris, Dubai, Singapore & Hongkong

TABLE OF CONTENTS

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1. INTRODUCTION

The Air India Limited - AIR INDIA LIMITED (the merged entity of erstwhile Air India and Indian Airlines) hereinafter referred to as AIR INDIA LIMITED, is an airline fully owned by the Government of India under administrative control of Ministry of Civil Aviation, New Delhi with the brand “Air India”. which operates flights domestically within India, as well as to international destinations, and has major operations & maintenance bases at Mumbai (Bombay) and New Delhi, apart from its other regional offices / Maintenance set-ups at Hyderabad and Kolkatta.

2. PURPOSE OF TENDER

AIR INDIA LIMITED intends to appoint service provider (s) for Export / Import – overseas Custom clearance, Handling & Freight Forwarding of company material shipments at seven overseas stations of Air India Ltd., for a period of 5 years, duly extendable by another 1 year at the same rates, terms and conditions, who would be required to perform all the stated tasks as detailed in the table at Annexure – B, for which, through this tender document, AIR INDIA LIMITED invites most competitive proposals, from the IATA & FIATA approved Freight forwarders and Bonafied Custom Registered Clearing Agents, located in seven foreign Air India operated locations of New York, LHR, Frankfurt, Paris, Dubai ,Singapore & Hongkong.

3. TENDER - General Details

The tender offers are invited as per the details listed in Annexures below:

S/No Annexure Details

1 A General Terms and Conditions

2 B Work scope of tender document

3 C Eligibility and pre qualification criteria

4 D1 Covering letter for submission of Technical bid

5 D2 Detailed Format of Technical bid

6 E1 Covering letter for submission of Commercial bid

7 E2 /(1-7) Format of Commercial bid

8 F Statement of Variance

9 G Integrity Pact ( Applicable only in case party is quoting for all the seven stations)

The tender is in a two bid system i.e. 1- Technical Bid and 2- Price Bid. The bidders are required to submit their bids in two different sealed / closed envelopes, clearly identifiable, as follows: EnvI. No.

Contents Marking on the envelope

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Technical bid – Annexure ‘D2’ , ‘F’ & ‘G’ along with the EMD, or the proof of remittance of EMD (in case of wire transfer), together with a covering letter – Annexure ‘D1’, for the technical bid from the tenderer to AIR INDIA LIMITED.

Technical bid – Appointment of Export / Import - Local Handling & Freight Forwarding Agent at the respective locations of AIR INDIA LIMITED, viz: New York, LHR, Frankfurt, Paris, Dubai ,Singapore & Hongkong Ref. No: DSD/FF/WW/01 dated 21st Nov, 2014

Two-bid tender for appointment service provider for Export / Import - Local Handling & Freight Forwarding at seven AIR INDIA LIMITED foreign stations of New York, LHR, Frankfurt, Paris, Dubai,

Singapore & Hongkong

INTRODUCTION AND GENERAL DETAILS

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Commercial bid – Annexure ‘E2 /(1-7)’ together with its covering letter – Annexure ‘E1’ from the tenderer to AIR INDIA LIMITED.

Price bid – Appointment of Export / Import - Local Handling & Freight Forwarding Agent at the respective locations of AIR INDIA LIMITED, viz: New York, LHR, Frankfurt, Paris, Dubai ,Singapore & Hongkong Ref. No: DSD/FF/WW/01 dated 21st Nov, 2014

The above two envelopes should be submitted in another Master Envelope in sealed / closed condition. This master envelope should be super scribed with the tender reference and the closing date of the tender along with the tenderer’s company name, e-mail ID and Contact Person's name.

The Master Envelope should be sealed / closed, addressed and submitted at the following address on or before the closing date and time:

General Manager (Materials Management) AIR INDIA LIMITED, Avionics Complex, IGI Airport, Near New Customs House

Terminal – II, New Delhi – 110037, INDIA. Tel: 0091-11-25654025 Fax: 091-11-25653443 Email: [email protected]

Following is the schedule for the Tender:

The tenderer’s queries, if any, may be addressed to the attention of Mr. DC Joshi (Tel: 0091-11-25653654, Email: [email protected]) by email preferably. The tenderers, or their authorized representatives, would be permitted to attend the opening of the tenders. The representatives must carry a letter of authority from the tenderers, or any other valid document, authorizing them to attend the tender opening, failing which they will not be permitted to participate in this process. The name(s) of the representative(s) may also preferably be directly sent to AIR INDIA LIMITED in advance of the date of opening of the tenders by e-mail.

Amendments and clarifications, if any, to this tender will be hosted on the web site of AIR INDIA LIMITED (www.airindia.in) and published in local newspapers at least 7 days prior to the closing date of the tender document. Yours faithfully, For AIR INDIA LIMITED (Vivek Palwankar) General Manager (MM) - O New Delhi.

Tender No & Date of Issue: DSD/FF/WW/01 – dated 21st Nov, 2014

Closing date / time of tender: 18th Dec, 2014up to 14.00 hrs IST Date and time of opening of Technical Bids: 18th Dec, 2014 at 14.00 hrs IST

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A) Commercial Terms I) Terms of Tender a) Only the IATA & FIATA approved Freight forwarders and Bonafied Custom Registered Clearing

Agents, located in New York, LHR, Frankfurt, Paris, Dubai ,Singapore & Hongkong are eligible to

participate in the Tender.

b) Tenderers must submit their technical and price bids in hard copy only.

c) Tenders received through fax and / or through e-mail will not be considered.

d) Tenders received late, delivered at an address other than as specified in the tender, or delayed in

transit will not be accepted irrespective of whether the delay has arisen on account of the delivery

system, i.e. Postal, courier, etc.

e) Tenders that are incomplete are liable to be rejected.

f) Tenders should be duly signed and stamped on every page by an authorized signatory of the

tenderer.

g) The price quoted should be clearly typed / written in figures and words, free from corrections or

overwriting. Corrections, if any, must be authenticated by the full signature of the person who has

signed the quotation.

h) All Quotations should be preferably in USD (United States Dollars). In case of quote in any

other currency, conversion to USD as per RBI exchange rate as on date of opening of tender

will be done.

i) Conditional discounts, if any, shall not be given any consideration for L-1 purpose.

j) AIR INDIA LIMITED reserves the right to reject in whole or part any bid without assigning any reason

whatsoever.

k) The offers should be valid for the acceptance by AIR INDIA LIMITED for a minimum period of

120 days from the date of closing of the tender.

l) All information related to the price to be quoted by the tenderer should be given only in the

format of price bid provided in the tender.

m) During the course of evaluation of bids IAL reserves the right to ask for clarifications/documents from

the bidders and in case any discussions are required with the tenderers during the course of

evaluation of the technical bids to clarify issues that cannot be resolved otherwise through emails,

telephone calls, etc. the same would be held at New Delhi on dates that are mutually convenient to

the tenderers and-AIR INDIA LIMITED.

The tenderers would have to depute their personnel to New Delhi for this purpose at their expense.



GENERAL TERMS & CONDITIONS

Annexure A

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n) Price bids of only those tenderers, who are found suitable on the basis of evaluation of their technical

bids, would be opened, and accordingly such tenderers would be intimated in advance by E-mail and

/ or by telephone / fax the date of opening of the price bids.

The following may please be noted: a) In case the Price bid and the Technical Bid are enclosed in the same envelope instead of in

two separate sealed / closed envelopes, the tender will be liable to be rejected. b) On the date of opening of the tender only the technical bids would be opened, and the price bids

would be kept in the custody of AIR INDIA LIMITED in the same sealed / closed covers as received from the tenderers, which would be further sealed in a single cover and deposited back in the tender box after obtaining due signatures of the members of the tender opening committee of AIL and of the representatives of the tenderers.

c) The Technical Bid should not contain any indication of the price. In case an indication of the

price quoted is included in the technical bid, the quotation will be rejected without any reference to the tenderer. No correspondence will be entertained in this regard.

d) The bids should be neatly presented. Corrections, if any, should be duly authenticated with full

signature of the person who has signed the tender, failing which the tender is liable to be rejected. e) AIR INDIA LIMITED reserves the right to accept / reject / defer any / all offers without assigning any

reason. f) The price bids of only those tenderers, who are found suitable in the Technical Bid evaluation, would

be opened at a later date, which would be notified in advance to the successful tenderers by e-mail / fax.

g) In the event of default, AIR INDIA LIMITED reserves the right to claim damages from the successful

tenderer. In the event of continued default, AIR INDIA LIMITED also reserves the right to award the contract to any other party at the cost and risk of the successful tenderer. In such case, the vendor shall not be entitled to any compensation whatsoever for any costs incurred or to be incurred on this account.

II) Earnest Money Deposit (hereinafter referred to as “EMD”) (a) An Earnest Money Deposit of US$ 4,000 must be submitted by means of a Bank Draft or Banker's

Cheque in favor of Air India Limited, payable at New Delhi, and should be submitted along with the technical bid. In the case of remittance of EMD through wire transfer, proof of remittance is to be submitted along with the Technical Bid. No other mode of payment is acceptable.

(b) Those tenderers who wish to remit the EMD through wire transfer should do so in accordance with

the following:

State Bank of India

New Delhi Main Branch,

Sansad Marg,

New Delhi 110 001, INDIA

Account No.11084278183

SWIFT No. SBININBB104

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Beneficiary:

Air India Limited

Airlines House, 113, GurudwaraRakabganj Road,

New Delhi 110 001, INDIA

(c) In case of any query relating to wire transfer of the EMD, the applicants/bidders may contact

at the following address of the Air India office in New Delhi:

Office of General Manager (Finance)

Airlines House, Air India Ltd.

Contact Person: Ms Deepa Bhatnagar, Manager(Finance)

Tel no: +91-11-23422090,

Fax no: +91-11-23422066,

Email: [email protected]

(d) EMD (through Bank Draft / Banker’s Cheque), or proof of remittance of the EMD (in case of

remittance through wire transfer), must be submitted along with the technical bid.

(e) EMD will not carry any interest.

(f) EMD in respect of the successful bidder will be adjusted against Security Deposit (as defined

hereinafter).

(g) EMD in the case of unsuccessful bidders will be refunded to them without any interest,

within 2 (two) months of award of the Agreement to the successful bidder. The refund of

EMD shall be in the form of an account payee cheque/bank draft in favour of the

unsuccessful bidders. The applicant/bidders may by specific instructions in writing to AIL give

the name and address of the person in whose favour the said cheque /bank draft shall be

drawn by AIL for refund, failing which it shall be drawn in the name of the unsuccessful

bidder and shall be mailed to the address given in the technical bid.

(h) EMD will be forfeited as pre-estimated damages without prejudice to any other right or

remedy that may be available to AIL under the Tender or the Agreement or otherwise, under

any of the following circumstances-

(i) in the event of an applicant/bidder withdrawing or modifying his Bid after opening of the

Commercial Bid and till completion of the tender process, i.e. till the signing of

Agreement, and / or

(ii) in the event of the applicant/bidder, who has been selected for Agreement, declining to

honor the same or to furnish the Security Deposit or Performance Bank Guarantee.

(iii) In case the successful bidder, having signed the Agreement, commits any breach thereof

prior to furnishing the Security Deposit or the Performance Bank Guarantee.

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(i) In case the EMD, or a proof of remittance of EMD (in case of wire transfer of remittance ), is

not found attached with the technical bid, or the EMD has not been submitted in the mode

specified, the Bid will be rejected. III) Security Deposit & Performance Guarantee

The successful tenderer will have to deposit with AIR INDIA LIMITED within 30 days of award of the contract, an amount equivalent to USD 5000 per station awarded to them, towards Security Deposit & Performance Guarantee The Security Deposit is to be paid by a Bank Draft or Banker’s Cheque in favour of Air India Limited, payable at New Delhi, or by execution of a Bank Guarantee for an equivalent amount. The expenses incurred towards submission of Security Deposit / Bank Guarantee will have to be borne by the tenderers.

The Security deposit & Performance Guarantee will be retained up to three months after the

expiry of the contract and would be refunded / returned to the tenderer within two months thereafter subject to satisfactory performance during this period, and after adjustment of penalties, if any, arising out of the non-execution of the terms and conditions of the contract.

The Security Deposit and Performance Bank Guarantee will not carry any interest IV) Grounds for Rejection of bids

The bids are liable to be rejected forthwith, i.e., without being evaluated, on the following grounds: (a) If the tender has been received after the closing date / time of the tender. (b) If only the Technical bid has been received and the Commercial bid has not been received, and vice

versa. (c) If the tender has been received by email, open condition or fax instead of in separate sealed / closed

covers. (d) If the tender has not been signed by the authorized signatory of the tenderer. (e) If the technical bid has been received without EMD, or proof of wire transfer (in the case of remittance

by wire transfer), or the EMD has been submitted in a mode other than as specified in the tender. (f) If the Integrity Pact at Annexure ‘G’ is not signed and submitted in the Technical bid. (Applicable

only in case party is quoting for all the seven stations) V) Certification

The Tenderers are required to provide certification with their Technical and Price bids as per the formats given at Annexures D-1 and E-1 respectively. The certificates duly signed are to be enclosed along with the respective bids.

VI) Contract / Agreement

A contract / agreement will be signed between AIR INDIA LIMITED and the successful tenderer based on the work scope & the contract terms and conditions that would be finalized with the successful tenderer. The draft contract will be submitted by the tenderer following the issue of a Letter of Intent (LOI) by AIR INDIA LIMITED, and the contract to be finalized and signed within 30 to 45 days from signing of LOI after due vetting of the draft by AIR INDIA LIMITED.

VII) Price Negotiation

As it is not the general norm for AIR INDIA LIMITED to carry out price negotiations with other than the most competitive bidder, the tenderers are advised to submit their best quotes in the very first response to this tender. AIR INDIA LIMITED, however, reserves the right to carry out negotiations with the tenderer who has been evaluated by AIR INDIA LIMITED, as having offered the lowest bid in response to the tender.

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VIII) Delivery & support location

The successful tenderer, who has been awarded the contract, shall support all the locations of AIR INDIA LIMITED within India, for the stated / contracted work scope as required by AIR INDIA LIMITED. For this purpose, service provider has to designate a nodal person in India to provide support and feedback on the movement of shipments and to answer the queries of AIL officials. Similarly, a dedicated nodal person will be required at each overseas station for logistic support.

IX) Insurance

All the consignments, required to be handled by the successful tenderer at New York, LHR, Frankfurt, Paris, Dubai ,Singapore & Hongkong, would be covered by AIR INDIA LIMITED’s comprehensive insurance and that no separate insurance cover is required to be obtained by the tenderer, or bear its cost.

X) Payment Terms

a) The payment would be made on a monthly basis, under the 30 days credit terms basis, as per the contracted rates under the pouch system, towards all the consignments handled during the month, after due certification by the respective locations of AIR INDIA LIMITED, viz: New York, LHR, Frankfurt, Paris, Dubai ,Singapore & Hongkong.

b) The documents viz: M-AWB, H-AWB, Invoice, Manifest, etc must be submitted to the Finance section at the respective locations of AIR INDIA LIMITED, viz: New York, LHR, Frankfurt, Paris, Dubai ,Singapore & Hongkong, for certification and payments. In case of absence of Finance representative at the station bills to be submitted to Country Manager.

XI) Mode of Payment

Payment will be made from the respective foreign stations through Cheques / wire Transfers after deducting applicable taxes, as and if applicable, as per local laws.

XII) Exit Clause/ Termination Clause

a. In case of unsatisfactory performance or breach of any of the clause of the contract, AIL would issue a notice of 30 days to the service provider to rectify the breach and improve the performance failing which AIL shall be at liberty to terminate the agreement by providing 30 days written notice to the service provider. The service provider shall not have any right to dispute or question the judgment of AIL of unsatisfactory performance of the service provider.

b. Notwithstanding the above, AIL shall also be at liberty to terminate the agreement for any reason

including change in the situation / circumstances, etc by providing the service provider a 90 days written notice.

c. The Successful Bidder shall have a right to terminate this Agreement after giving a 90 days advance notice

to AIL, of its reasons for termination. In such an event, the terminated party shall have no right to claim

compensation / damages etc. from AIL on account of early termination. During this period of three

months, AIL and the Successful Bidder, may initiate discussions for purpose of resolution of the said

reasons. In the event a resolution is achieved by AIL and the Successful Bidder, the Contract shall not be

terminated and the Successful Bidder shall provide the Services, in the same manner, as it was providing

prior to such notice of termination. For the avoidance of any doubt it is hereby clarified, that the

Successful Bidder during the aforesaid notice period shall continue to provide the Services, till the

termination, in the same manner, as it was providing prior to such notice of termination. d. The tenderer opting for termination as per clause “ c “ above, will not be eligible to participate in

the immediate next tender or five years whichever is earlier.

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XIII) Arbitration

Any dispute arising between the parties in respect of the construction, interpretation, application, meaning, scope, operation or effect of this document, or the validity or breach thereof, shall first be settled by mutual consultation. If the dispute remains unresolved after a period of 90 days from the date when the mutual consultation has started, the matter shall be referred for settlement to the 'SCOPE FORUM OF CONCILIATION AND ARBITRATION', Govt. of India, and the award made in pursuance thereof shall be binding on the parties. Any other mode / methodology of arbitration will be done with mutual consent / acceptance.

XIV) Jurisdiction

Any dispute what-so ever, shall be subject to the jurisdiction of the courts of New Delhi only. Any other jurisdiction will be as agreed upon with mutual consent/ acceptance.

XV) Inspection

AIR INDIA LIMITED reserves the right to inspect, the tenderers facilities anytime during the evaluation stage and prior to the signing and execution of a contract.

XVI) Validity of Price The price quoted should remain firm during the contractual period. No request for increase in price

shall be entertained during the period of validity of the contract. B) Bids evaluation

1. Technical Bid In the Technical Bid, the tenderers must provide detailed information pertaining to its firm, as mentioned in the Eligibility and pre qualification criteria at Annexure ‘C’. The tenderers must also confirm acceptance of AIR INDIA LIMITED’s Terms and Conditions as per Annexure A. Deviations, if any, from the stated requirements, or terms and conditions, must be clearly spelt out in the Technical Bid – Annexure ‘F’. Customer airlines information with communication details is to be provided for reference purposes. Bids will be evaluated based on the scrutiny / study of technical bids submitted and complete compliance to the eligibility and prequalification criteria. The Technical bid should not mention any rates / prices.

2. Price Bid

The price bid should be submitted strictly as per the format given as per Annexure ‘E2 /(1-7)’, of the commercial bid.. The Price Bid will be evaluated based on the most competitive price quoted by the bidders in their offers for the services required and the overall least cost to AIR INDIA LIMITED for the selected / chosen option.

Lowest bidder will be arrived at by calculating the weighted average per kg rates (local freight rates) factoring the yearly % escalation quoted for each station / country.

There will be a single Freight Forwarder appointed for both the activities (Import and Export handling) at each country.

For AIR INDIA LIMITED

(Vivek Palwankar) General Manager (MM) - O New Delhi.

AIR INDIA LIMITED


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S.No Work scope

1.

Nature of good to be carried : The COMAT shipments delivered by various suppliers at the respective locations of AIR INDIA LIMITED, viz: New York, LHR, Frankfurt, Paris, Dubai ,Singapore & Hongkong against AIR INDIA LIMITED purchase orders, which are required to be handled by the freight forwarder, consist of: a) Aircraft Spares, Materials, tooling and Equipment, upholstery carpets and printed materials

required for the operation of the Aircraft fleet. b) Aircraft components and Equipments sent abroad for repair & return. c) Rejected/scrapped material against AIR INDIA LIMITED repair orders, being returned from

supplier. d) Restricted/ DGR articles and Odd size / high density cargo like C-Duct / Landing Gear / Inlet

Cowl / APU etc.

2.

Local Pick up of shipments from the various suppliers in New York, LHR, Frankfurt, Paris, Dubai ,Singapore & Hongkong for Export to India: The freight forwarder will pick-up shipments, consigned to AIR INDIA LIMITED’s various destinations in India i.e. Delhi, Mumbai, Kolkata & Hyderabad, from various suppliers ex- respective countries, either through UPS/DHL/Fedex Air courier service or any other service / trucking service as applicable to meet the pickup timeline and will be responsible for exporting these shipments on a daily basis, after segregation through AIR INDIA LIMITED’s services only to India. (Import in India), except for Restricted / DGR / Odd sized / high density cargo, which may be shipped through other airlines with prior approval from AIL. Accordingly, the freight forwarder has to quote slab-wise rates per kgs for local freight and custom clearance & handling charges per AWB. Pick-up from the Vendors to be done ASAP and handed over to AIL cargo for export to India within 2 days of advice of shipment collection. Method of segregation/consolidation for Export shipments: The freight forwarder will segregate / consolidate consignments received at the respective locations of AIR INDIA LIMITED, viz: New York, LHR, Frankfurt, Paris, Dubai ,Singapore & Hongkong, in one HAWB as per the following categories: � Repaired aircraft components. � Other routine spares shipments, � Carpets, Fabrics etc. � Ground Support spares / tools / Engg Equipments, etc. � Printed material / Books and publications. � Restricted & DGR goods, odd sized cargo, raw materials, dope, paints, etc are to be forwarded

on back to back without consolidation. � AOG/work stoppage shipments should be forwarded on back to back without consolidation. In

case there is more than one AOG/ work stoppage consignment, the same will move in one house AWB after consolidation. Hence consolidation rates will be applicable.

Above HAWB’s should be consolidated in one MAWB. Materials pertaining to the specific region only would be consolidated, taking care that the other regions goods are not mixed therewith. There should not be any mixing of any of the above categories while consolidation which should be strictly in accordance as per categories indicated above at origin. Any deviation resulting in delay in clearance at destination and consequence demurrage will be borne by the Freight Forwarder. In case of abnormality i.e. AI flight is not available for any reason; freight forwarder has to use any other Airline/carrier with prior permission from AIL for which payment for the same on actual basis will be paid on production of proof / AWB. Marks and Numbers:


Singapore & Hong kong

WORK SCOPE OF TENDER

Annexure B

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Service provider would serially number all individual cartons/packages on consolidation so as to ensure good receipt of all packages and also to help identify missing packages, if any..

3.

Local delivery of shipments, received from India , to the various suppliers in USA, UK, Germany, France, Dubai/UAE ,Singapore & Hongkong. (Export from India): Export Shipments from AIR INDIA LIMITED’s various ORIGIN stations in India i.e. Delhi, Mumbai, Kolkatta & Hyderabad, to various suppliers / vendors in the respective foreign locations of AIR INDIA LIMITED, viz: USA, UK, GERMANY, FRANCE, UAE, Singapore & Hongkong would be exported by AIR INDIA LIMITED itself. These shipments will be consigned to the appointed forwarder at the respective locations of AIR INDIA LIMITED, viz: New York, LHR, Frankfurt, Paris, Dubai ,Singapore & Hongkong. The freight forwarder in the respective foreign locations of AIR INDIA LIMITED, viz: New York, LHR, Frankfurt, Paris, Dubai ,Singapore & Hongkong will receive the shipments at that location, would carry out the customs clearance, segregate and forward the same to the concerned vendors under proper documentation, either through UPS/DHL/Fedex Air courier service or any other service / trucking service as applicable to meet the delivery timeline, within the free period. Demurrage charges, if any on account of delay in clearance will be borne by the freight forwarder only. Custom Clearance and redistribution to various Vendors should be done within 2 days from the date of landing. At present, there is no custom duty on aircraft parts sent for repairs and return. However, in case of any such duty, if any, would be on AIL account. Accordingly, the freight forwarder has to quote slab - wise rates per kgs for local freight and custom clearance, handling charges per AWB. The freight forwarder will confirm the delivery of shipments to the vendors in the respective locations in US/UK/GERMANY/FRANCE/UAE/SIN/HKG and receipt of the same by vendors along-with the POD for the same. Such information through periodic statements must be fax/e-mail/courier the same to our Regional Offices, who has exported the item (on weekly / fortnightly basis). The freight forwarder will obtain necessary approvals from the customs authorities at the respective locations of AIR INDIA LIMITED, viz: New York, LHR, Frankfurt, Paris, Dubai ,Singapore & Hongkong, for them to clear consignments on behalf of AIR INDIA LIMITED.

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Documentation : The following documents pertaining to each shipment made, are to be forwarded, to the respective consignees within AIR INDIA LIMITEDs offices at Delhi, Mumbai, Kolkata and Hyderabad: � Pre-Alert for routine shipments consisting of HAWB,MAWB & Summary Sheets � Pre-Alert in the case of AOG shipments consisting of HAWB, MAWB & Invoice copy � One Set of documents consisting of all MAWB, all HAWB’s, all invoice copies, all release

notes, FAA JAA or any other airworthiness certificates & the material safety sheets. All the invoice copies are required to be stamped with the AWB reference thereon. The freight forwarders shall maintain record of shipments handled for export / received and forwarded to vendors and produce any such information as may be required by AIR INDIA LIMITED from time to time.

5.

Access to website for tracking purposes: AIR INDIA LIMITED requires access to freight forwarders website for tracking the import as well as export shipments at the respective locations of AIR INDIA LIMITED, viz: New York, LHR, Frankfurt, Paris, Dubai ,Singapore & Hongkong. The freight forwarder should have the web based facility, for online data tracking by AIR INDIA LIMITED. At least two years comprehensive data must be available for viewing at any time.

6.

Time targets:Export Shipment: Pick-up from the Vendors to be done immediately / within 2 days of advice of shipment and export to India to be on the next available AIR INDIA LIMITED flight. Import Shipment: Custom Clearance and redistribution to various Vendors within 2 days from the date of landing. Settlement of Claims: Settlement of Claims in case of demurrage, loss / damage in transit, short landing should be within 15 days from the date of lodging the claim. Any claim on the forwarder arising out of loss of material in transit shall be settled by the freight forwarders instead of awaiting the outcome of their claim on the carrier.

AIR INDIA LIMITED


13

7

Identification of PO’s for destination of AIR INDIA LIMITED: The key to various PO’s issued by different stations of AIR INDIA LIMITED would be provided to you at the time of signing of contract, to enable proper identification and dispatches of shipment to the concerned station of AIR INDIA LIMITED

8 Service Provider would make arrangements to feed the requisite AWB and Dispatch Details on real time basis in the Custom Module of RAMCO for which login / password would be assigned

AIR INDIA LIMITED


14

Listed below (Point 1 to Point 14) are the various eligibility & pre-qualification requirements, for which AIR INDIA LIMITED seeks confirmation of compliance, from the tenderers.

No

Description AIR INDIA LIMITED condition

1.

Tenderer should be experienced in handling Air Cargo, consolidation and freight forwarding for at least three years for two airlines at the respective locations of AIR INDIA LIMITED, viz: New York, LHR, Frankfurt, Paris, Dubai ,Singapore & Hongkong. Minimum experience of three years should latest after the year 2009.

MUST

2. Tenderer should have the valid and current IATA and FIATA licences in its own / JV / Associate name in the respective locations of AIR INDIA LIMITED, viz: New York, LHR, Frankfurt, Paris, Dubai, Singapore & Hongkong

MUST

3. Tenderer should be a bonafied registered Custom Clearing Agent at the all the respective locations of AIL, viz: New York, LHR, Frankfurt, Paris, Dubai, Singapore & Hongkong.

MUST

4.

Tenderer should have a min average annual turnover of USD 3,00,000 from the freight forwarding and cargo handling during the immediate previous 3 financial years. Copies of the annual accounts for the last 3 consecutive years to be submitted.

MUST

5. Tenderer should have adequate capability and prior experience of having handled Jet Engines at least for the last one year.

MUST

6. Tenderer should confirm compliance to the stated work-scope at Annexure-B in entirety and confirm that they have submitted their Commercial Bid in the same format as per annexure E-2/1 to E-2/7 as applicable.

MUST

7. Tenderer should be holding Stocks of AWBs of minimum 2 airlines (The letter from respective Airlines in this regard should be enclosed to the tender)

MUST

8.

Tenderer should preferably have inland trucking services of its own / JV / Associate name/ valid arrangement with reputed service providers, in the respective locations of AIR INDIA LIMITED, viz: New York, LHR, Frankfurt, Paris, Dubai ,Singapore & Hongkong

MUST

9. Tenderer should have its own or affiliate offices in India MUST

10. Freight Forwarder should have AOG desk to handle shipments 24/7 at the respective locations of AIR INDIA LIMITED, viz: New York, LHR, Frankfurt, Paris, Dubai ,Singapore & Hongkong

MUST

11. Tenderer should have the tracking facility on website for the respective locations of AIR INDIA LIMITED, viz: New York, LHR, Frankfurt, Paris, Dubai ,Singapore & Hongkong

MUST

12. Tenderer has enclosed an EMD of USD 4000, by way of Wire Transfer / Bank Draft / bankers cheque as a part of the Technical Bid.

MUST

13. Tenderer must execute and submit the signed Integrity Pact document as a part of the Technical Bid in case quoting for all the seven Stations. (Applicable only if the party is quoting for all the seven stations)

MUST

14. Tenderer agrees to a) non interest bearing deposit of USD 5000 per station awarded to them or equivalent Bank guarantee as Security deposit, for the period of contract.

MUST

Note: Vendors to note that all paras herein are MUST conditions for qualifying the Technical Bid evaluation and hence response of “YES” only is expected from vendors failing which vendors may be disqualified and rejected in the technical evaluation exercise. Relevant documents duly signed, must be submitted in support of each of the MUST condition above.

Two-bid tender for appointment service provider for Export / Import - Local Handling & Freight Forwarding at seven AIR INDIA LIMITED foreign stations of New York, LHR, Frankfurt, Paris,

Dubai, Singapore & Hongkong

Eligibility and Pre-Qualification criteria Annexure C

AIR INDIA LIMITED


15

To: General Manager (MM), Air India Limited, Avionics Complex, IGI Airport Terminal-II, Near New Customs House, New Delhi-110037, India

Tel: 91 11 25654025, Fax: 91 11 25653443 Email: [email protected]

Ref: Dated : _____________ Dear Sir, Sub: Technical Bid as per your Tender No. DSD/FF/WW/01 dated 21st Nov,2014 With reference to your tender no DSD/FF/WW/01 dated 21st Nov,2014, for Appointment of service

provider for Export / Import - Local Handling & Freight Forwarding at the respective locations of AIR INDIA LIMITED, viz: New York, LHR, Frankfurt, Paris, Dubai ,Singapore & Hongkong we hereby submit our Technical Bid in the format as at Annexure , ‘D2’ and ‘F’ for the following station / stations of Air India:

� New York, LHR, Frankfurt, Paris, Dubai ,Singapore & Hongkong (Tick whichever station for

which bid is being submitted)

We have read and understood and hereby unconditionally accept and agree to comply with all the

Specifications, Terms & Conditions and work-scope of your tender as detailed at Annexure ‘A’ & ‘B’.

We have also enclosed EMD of USD 4000 vide bank draft / bankers cheque / wire transfer ref:

_____________________ in the technical bid.

Annexure “ G” Integrity Pact duly signed is also attached since we are quoting for all the seven stations.

OR

Annexure “ G” Integrity Pact duly signed is not applicable since we have not quoted for all the seven

stations.

(Tick whichever is applicable above) Encl:

Signature : ____________________ Name : ____________________ Designation : ____________________ Company Seal: ____________________



COVERING LETTER FOR SUBMISSION OF TECHNICAL BID –

ON VENDORS LETTERHEAD

Annexure D1

AIR INDIA LIMITED


16

Listed below (Point 1 to Point 14) are the various eligibility & pre-qualification requirements, for which

AIR INDIA LIMITED seeks confirmation of compliance, from the tenderers.

S.No Description AIR INDIA LIMITED condition

Vendor Response

Specify applicable Stations.

(NYC,LHR,FRA, PAR,DXB,SIN,HKG)

1.

Tenderer should be experienced in handling Air Cargo, consolidation and freight forwarding for at least three years for two airlines at the respective locations of AIR INDIA LIMITED, viz: New York, LHR, Frankfurt, Paris, Dubai ,Singapore & Hongkong. Minimum experience of three years should latest after the year 2009.

MUST Yes/No

2.

Tenderer should have the valid and current IATA and FIATA licences in its own / JV / Associate name in the respective locations of AIR INDIA LIMITED, viz: New York, LHR, Frankfurt, Paris, Dubai, Singapore & Hongkong

MUST Yes/No

3. Tenderer should be a bonafied registered Custom Clearing Agent at the all the respective locations of AIL, viz: New York, LHR, Frankfurt, Paris, Dubai, Singapore & Hongkong.

MUST

4.

Tenderer should have a min average annual turnover of USD 3,00,000 from the freight forwarding and cargo handling during the immediate previous 3 financial years. Copies of the annual accounts for the last 3 consecutive years to be submitted..

MUST Yes/No

5. Tenderer should have adequate capability and prior experience of having handled Jet Engines at least for the last one year.

MUST Yes/No

6.

Tenderer should confirm compliance to the stated work-scope at Annexure-B in entirety and confirm that they have submitted their Commercial Bid in the same format as per annexure E-2/1 to E-2/7 as applicable.

MUST Yes/No

7. Tenderer should be holding Stocks of AWBs of minimum 2 airlines (The letter from respective Airlines in this regard should be enclosed to the tender)

MUST Yes/No

8.

Tenderer should preferably have inland trucking services of its own / JV / Associate name/ valid arrangement with reputed service providers, in the respective locations of AIR INDIA LIMITED, viz: New York, LHR, Frankfurt, Paris, Dubai ,Singapore & Hongkong

MUST

Yes/No.

9. Tenderer should have its own or affiliate offices in India MUST Yes/No

10. Freight Forwarder should have AOG desk to handle shipments 24/7 at the respective locations of AIR INDIA LIMITED, viz: New York, LHR, Frankfurt, Paris, Dubai ,Singapore & Hongkong

MUST Yes/No

11. Tenderer should have the tracking facility on website for the respective locations of AIR INDIA LIMITED, viz: New York, LHR, Frankfurt, Paris, Dubai ,Singapore & Hongkong

MUST Yes/No

12. Tenderer has enclosed an EMD of USD 4000, by way of Wire Transfer / Bank Draft / bankers cheque as a part of the Technical Bid.

MUST Yes/No

13.

Tenderer must execute and submit the signed Integrity Pact document as a part of the Technical Bid in case quoting for all the seven Stations. (Applicable only if the party is quoting for all the seven stations)

MUST Yes/No


Singapore & Hongkong TECHNICAL BID

- ON VENDORS LETTERHEAD Annexure D2

AIR INDIA LIMITED


17

14. Tenderer agrees to a) non-interest bearing deposit of USD 5000 per station awarded to them or equivalent Bank guarantee as Security deposit, for the period of contract.

MUST Yes/No

Note: Vendors to note that all paras herein are MUST conditions for qualifying the Technical Bid

evaluation and hence response of “YES” only is expected from vendors failing which vendors may be disqualified and rejected in the technical evaluation exercise. Relevant documents must be submitted in support of each of the MUST condition above.

I am authorized to sign this document(s).

Signature : ____________________

Name : ____________________ Designation : ____________________ Company Seal: ____________________

AIR INDIA LIMITED


18

To,

General Manager (MM), Air India Limited, Avionics Complex, IGI Airport Terminal-II, Near New Customs House, New Delhi-110037, India

Tel: 91 11 25654025 Fax: 91 11 25653443 Email: [email protected]

Ref: Dated: _____________ Dear Sir, Sub: Commercial bid as per your tender no DSD/FF/WW/01 dated 21st Nov,2014.

With reference to your tender No DSD/FF/WW/01 dated 21st Nov,2014 for Appointment of service provider for Export / Import - Local Handling & Freight Forwarding at the respective locations of AIR INDIA LIMITED, viz: New York, LHR, Frankfurt, Paris, Dubai ,Singapore & Hongkong we hereby submit our best offer for the same in the formats at Annexure ‘E2 /(1-7)’ for the following station / stations of Air India:

� New York, LHR, Frankfurt, Paris, Dubai ,Singapore & Hongkong (Tick whichever station for

which bid is being submitted)

We also agree to the terms & conditions of your tender detailed in Annexure ‘A’. We hereby

confirm that our offer submitted above is valid for a minimum period of 120 days from the last date of submission of the bids against this RFQ.

All the terms and conditions & work scope of your tender document at Annexure-A & B and Financial

Bid format at Annexure E-2/ (1-7), have been read, understood and hereby agreed to. I am authorized to sign this document(s). Encl:

Signature : ____________________

Name : ____________________ Designation : ____________________ Company Seal: ____________________


Singapore & Hongkong COVERING LETTER FOR SUBMISSION OF COMMERCIAL BID

- ON VENDORS LETTERHEAD

Annexure E1

AIR INDIA LIMITED


19

1. Local freight rates per kg for pick up Ex- USA vendors: (Rates in USD per kg distance slabs )

1-A Distance / Rate per kilogram 0-5 kgs. 6-10 kgs 11-45 kgs 46- 100 kgs 101- 300 kgs More than

300 kgs

A 0-50 miles

B 51-300 miles

C 301- 700 miles

D 701-1000 miles

E 1001- 1500 miles

F 1501- 2000 miles

G 2001- 2500 miles

H more than 2500 miles

I Weightage % 50 30 15 2 2 1

Local freight rates for Delivery Ex- NYC to vendors in USA: (Rates in USD per kg distance slabs )

1-B Distance / Rate per kilogram 0-5 kgs. 6-10 kgs 11-45 kgs 46- 100 kgs 101- 300 kgs More than

300 kgs

A 0-50 miles

B 51-300 miles

C 301- 700 miles

D 701-1000 miles

E 1001- 1500 miles

F 1501- 2000 miles

G 2001- 2500 miles H more than 2500 miles

I Weightage % 50 30 15 2 2 1

1-C Escalation % per year beyond first year for the next 5 years.

% _________ 2nd

year. %___________3

rd year.

%___________ 4th year.

%___________ 5th year

2. Charges for Custom clearance & Handling. (Rate in USD per AWB)

Charges for custom clearance of both Import and export shipments and

handling as per the work scope of the tender. (Net rate inclusive of import /

export processing fee and other applicable fee per AWB) .However, Airport

levies and taxes, if any, will be reimbursed on actual basis on production of

proof.

There will be a single Freight Forwarder appointed for both the activities at each country. Appx. Volume of shipments - 8 tons per month and number of shipments 70 per month.

Lowest bidder will be arrived at by calculating the weighted average per kg rates quoted at 1- A and 1-B above and factoring the yearly % escalation quoted at 1c above. Charges quoted at 2 above will not be part of L-1 evaluation formula. However, L-1 identified vendor is expected to match these rates to the lowest quote received. Signature : ____________________

Name : ____________________ Designation : ____________________

Company Seal: .-..

COMMERCIAL BID FOR USA - ON VENDORS LETTERHEAD

Annexure –E-2 /1

AIR INDIA LIMITED


20

Local freight rates for pick up Ex- UK vendors: (Rates in USD per kg distance slabs )


300 kgs

A London

B Ireland

C Denmark

D Weightage % 80 10 5 3 1 1

Local freight rates for Delivery Ex- LHR to vendors in UK: (Rates in USD per kg distance slabs ))


300 kgs

A London

B Ireland

C Denmark

D Weightage % 80 10 5 3 1 1


% _________ 2nd

year. %___________3

rd year.

%___________4th

year. %___________5

th year



handling as per the work scope of the tender. (Nett rate inclusive of import /



proof.


Lowest bidder will be arrived at by calculating the weighted average per kg rates quoted at 1- A and 1-B above and factoring the yearly % escalation quoted at 1c above. Charges quoted at 2 above will not be part of L-1 evaluation formula. However, L-1 identified vendor is expected to match these rates to the lowest quote received.

Signature : ____________________


Company Seal: .-..

COMMERCIAL BID FOR UK - ON VENDORS LETTERHEAD

Annexure –E-2 /2

AIR INDIA LIMITED


21

Local freight rates for pick up Ex- GERMANY and nearby vendors: (Rates in USD per kg distance slabs )


300 kgs

A Frank furt

B Hamburg

C Netherlands

D Weightage %

85 9 3 1 1 1

Local freight rates for Delivery Ex- Frankfurt to vendors in Germany and nearby : (Rates in USD per kg distance slabs )


300 kgs

A Frank furt

B Hamburg

C Netherlands

D Weightage %

85 9 3 1 1 1


% _________ 2nd

year. %___________3

rd year.

%___________4th

year. %___________5

th year






proof..



.

Signature : ____________________


Company Seal: .-..

COMMERCIAL BID FOR GERMANY - ON VENDORS LETTERHEAD

Annexure –E-2 /3

AIR INDIA LIMITED


22

Local freight rates for pick up Ex- FRANCE vendors: (Rates in USD per kg distance slabs )


300 kgs

A Paris- Villaroche

B Toulouse

C Weightage %

75 10 10 2 2 1

Local freight rates for Delivery Ex- PARIS to vendors in France : (Rates in USD per kg distance slabs )


300 kgs

A Paris- Villaroche

B Toulouse

C Weightage %

75 10 10 2 2 1


% _________ 2nd

year. %___________3

rd year.

%___________4th

year. %___________5

th year

2. Charges for Custom clearance & Handling. (Rate in USD

per AWB) Charges for custom clearance of both Import and export shipments and




proof.



Signature : ____________________


Company Seal: .-..

COMMERCIAL BID FOR FRANCE - ON VENDORS LETTERHEAD

Annexure –E-2 /3

AIR INDIA LIMITED


23

Local freight rates for pick up Ex- UAE vendors: (Rates in USD per kg distance slabs )


300 kgs

A Dubai

B Sharjah

C Abu Dhabi

D Rest of UAE

E Weightage %

65 15 5 5 5 5

Local freight rates for Delivery Ex- Dubai to vendors in UAE : (Rates in USD per kg distance slabs )


300 kgs

A Dubai

B Sharjah

C Abu Dhabi

D Rest of UAE

E Weightage %

65 15 5 5 5 5

1-C Escalation % per year beyond first year for

the next 5 years. % _________ 2

nd year.

%___________ 3rd

year. %___________ 4

th year.

%___________ 5th year






proof.



Signature : ____________________ Name : ____________________ Designation : ____________________

Company Seal: .-..

COMMERCIAL BID FOR DUBAI - ON VENDORS LETTERHEAD

Annexure –E-2 /5

AIR INDIA LIMITED


24

Local freight rates for pick up Ex- SINGAPORE and Malaysia vendors: (Rates in USD per kg distance

slabs )


300 kgs

A Singapore

B Malaysia

C Weightage %

65 15 5 5 5 5

Local freight rates for Delivery Ex- Singapore and Malaysia vendors : (Rates in USD per kg distance slabs )


300 kgs

A Singapore

B Malaysia

C Weightage %

65 15 5 5 5 5


% _________ 2nd

year. %___________3

rd year.

%___________4th

year. %___________5

th year

2. Charges for Custom clearance & Handling. (Rate in USD

per AWB) Charges for custom clearance of both Import and export shipments and




proof.



Signature : ____________________


Company Seal: .-..

COMMERCIAL BID FOR SINGAPORE - ON VENDORS LETTERHEAD

Annexure –E-2 /6

AIR INDIA LIMITED


25

Local freight rates for pick up Ex- HONK KONG and nearby vendors: (Rates in USD per kg distance slabs )


300 kgs

A Hongkong

B Weightage %

85 7 2 2 2 2

Local freight rates for Delivery Ex- Hongkong to vendors in HKG and nearby : (Rates in USD per kg distance slabs)


300 kgs

A Hongkong

B Weightage %

85 7 2 2 2 2


% _________ 2nd

year. %___________3

rd year.

%___________4th

year. %___________5

th year






proof.



Signature : ____________________


Company Seal: .-..

COMMERCIAL BID FOR HONG KONG - ON VENDORS LETTERHEAD

Annexure –E-2 /7

AIR INDIA LIMITED


26

The Terms & Conditions, which are in deviation from the Terms & Conditions of the tender are as follows:

S.No Annexure No

Para No Revised Terms & Conditions offered

1

2

3

4

5

6

7

8

9

10

Signature : ____________________ Name : ____________________ Designation : ____________________ Company Seal: ____________________


Singapore & Hong kong

STATEMENT OF VARIANCE WITH RESPECT TO THE TERMS & CONDITIONS OF TENDER

Annexure F

AIR INDIA LIMITED


27

INTEGRITY PACT

INTEGRITY PACT between AIL (hereinafter referred to as “The Principal”), and ____________

________________________ (herein after referred to as “The Bidder ” / “The Contractor”).

PREAMBLE

The Principal intends to award, under laid down organizational procedures, Agreement(s) for

appointment of service provider for handling COMAT shipments at AIL seven overseas stations.

The Principal values full compliance with all relevant laws of the land, rules, regulations, economic

use of resources and of fairness/transparency in its relations with its Bidder(s) and/or

Contractor(s).

In order to achieve these goals, the Principal will appoint an Independent External Monitor (IEM),

who will monitor the Tender process and the execution of the Agreement for compliance with the

principles mentioned above.

Section 1 – Commitments of the Principal

1. The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles:-

a. No employee of the Principal, personally or through family members, will in

connection with the Tender for, or the execution of a Agreement, demand, take a

promise for or accept, for self or third person, any material or immaterial benefit

which the person is not legally entitled to. The word ‘take’ shall also include the past

and future.

b. The Principal will, during the Tender process treat all Bidder(s) with equity and

reason. The Principal will in particular, before and during the Tender process,

provide to all Bidder(s) the same information and will not provide to any Bidder(s)

confidential/additional information through which the Bidder(s) could obtain an

advantage in relation to the Tender process or the Agreement execution.

c. The Principal will exclude from the process all known prejudiced persons and

persons who would be known to have a connection or nexus with the prospective

Bidder.

2. If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the IPC/PC Act or the conduct rules of the Principal, or if there be a

substantive suspicion in this regard, the Principal will inform the Chief Vigilance Officer and

in addition can initiate disciplinary actions.

Section 2 – Commitments of the Bidder(s)/ contractor(s)

1. The Bidder(s)/ Contractor(s) commit themselves to take all measures necessary to prevent

corruption in their dealings with AIL. The Bidder(s)/Contractor(s) commit themselves to

AIR INDIA LIMITED


28

observe the following principles during their participation in the Tender process and during

the Agreement execution.

a. The Bidder(s)/ Contractor(s) will not, directly or through any other person or firm,

offer, promise or give to any of the Principal’s employees involved in the Tender

process or the execution of the Agreement or to any third person any material or

other benefit which he/she is not legally entitled to, in order to obtain in exchange

any advantage of any kind whatsoever during the Tender process or during the

execution of the Agreement.

b. The Bidder(s)/Contractor(s) will not enter with other bidders into any undisclosed

Agreement or understanding, whether formal or informal. This applies in particular

to prices, specifications, certifications, subsidiary contracts, submission or non-

submission of Bids or any other actions to restrict competitiveness or to introduce

cartelization in the bidding process.

c. The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC

Act; further the Bidder(s)/ Contractor(s) will not use improperly, for purposes of

competition or personal gain, or pass on to others, any information or document

provided by the Principal as part of the business relationship, regarding plans,

technical proposals and business details, including information contained or

transmitted electronically.

d. The Bidder(s)/Contractors(s) of foreign origin shall disclose the name and address of

the Agents/representatives in India, if any. Similarly the Bidder(s)/Contractors(s) of

Indian Nationality shall furnish the name and address of the foreign principals, if

any. Further details as mentioned in the “Guidelines on Indian Agents of Foreign

Suppliers” shall be disclosed by the Bidder(s)/Contractor(s). Further, as mentioned

in the Guidelines all the payments made to the Indian agent/representative have to

be in Indian Rupees only. Copy of the “Guidelines on Indian Agents of Foreign

Suppliers” is placed at Annexure-L.

e. The Bidder(s)/Contractor(s) will, when presenting their Bid, disclose any and all

payments he has made, is committed to or intends to make to agents, brokers or

any other intermediaries in connection with the award of the Agreement.

f. This integrity pact shall override the confidentiality clause, if any, in the offer

submitted by the Contractor/Bidder and in the Agreement entered into by the

Principal with the Contractor/Bidder.

2. The Bidder(s)/Contractor(s) will not instigate third persons to commit offences or acts

outlined above or be an accessory to such offences.

Section 3 - Disqualification from Tender process and exclusion from future Agreements

If the Bidder(s)/Contractor(s), before award of the Tender or during execution of the

Agreement has committed a transgression through a violation of Section 2 above, or in any

other form such as to put its reliability or credibility in question, the Principal is entitled to

disqualify the Bidder(s)/Contractor(s) from the Tender process or take action as per the

procedure mentioned in the “Guidelines on Banning of business dealings”. Copy of the

“Guidelines on Banning of business dealings” is placed at Annexure-L Page 61.

AIR INDIA LIMITED


29

Section 4 – Compensation for Damages

1. If the Principal has disqualified the Bidder(s) from the Tender process prior to the award of

the Tender according to Section 3, the Principal is entitled to demand and recover the

damages equivalent to Earnest Money Deposit/Bid Security and other actual damages due

to the consequential delay.

2. If the Principal has terminated the Agreement according to Section 3, or if the Principal is

entitled to terminate the Agreement according to Section 3, the Principal shall be entitled

to demand and recover from the Bidder/Contractor liquidated damages of the Agreement

value or the amount equivalent to Performance Bank Guarantee.

3. The Contractor/Bidder shall not be entitled to claim from the Principal any amounts either

as damages or otherwise, on account of termination.

Section 5 – Previous transgression

1. The Bidder declares that no previous transgressions occurred in the last 3 (three) years with

any other Company in any country conforming to the corruption approach or with any

other Public Sector Enterprise in India that could justify his exclusion from the Tender

process.

2. If the Bidder makes incorrect statement on this subject, he can be disqualified from the

Tender process or action can be taken as per the procedure mentioned in “Guidelines on

Banning of business dealings”.

Section 6 – Equal treatment of all Bidders/Contractors/Subcontractors

1. The Bidder(s)/ Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact, and to submit it to the Principal before

Agreement signing.

2. The Principal will enter into Agreements with identical conditions as this one with all

Bidders, Contractors and Subcontractors.

3. The Principal will disqualify from the Tender process all Bidders who do not sign this Pact or

violate its provisions.

Section 7 –Criminal charges against violating Bidder(s)/Contractor(s)/ Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or

of an employee or a representative or an associate of a Bidder, Contractor or Subcontractor

which constitutes corruption, or if the Principal has substantive suspicion in this regard, the

Principal will inform the same to the Chief Vigilance Officer.

Section 8 – Independent External Monitor/Monitors

1. The Principal appoints competent and credible Independent External Monitor for this Pact.

The task of the Monitor is to review independently and objectively, whether and to what

extent the parties comply with the obligations under this Agreement.

2. The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently. He shall report to the Chairman, AIL.

AIR INDIA LIMITED


30

3. The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

Contractor. The Contractor will also grant the Monitor, upon his request and demonstration

of a valid interest, unrestricted and unconditional access to his project documentation. The

same is applicable to Subcontractors. The Monitor is under contractual obligation to treat

the information and documents of the Bidder(s)/ Contractor(s)/ Subcontractor(s) with

confidentiality.

4. The Principal will provide to the Monitor sufficient information about all meetings among

the parties related to the Project provided such meetings could have an impact on the

contractual relations between the Principal and the Contractor. The parties offer to the

Monitor the option to participate in such meetings.

5. As soon as the Monitor notices, or believes to notice, a violation of this Agreement, he will

so inform the Management of the Principal and request the Management to discontinue or

take corrective action, or to take other relevant action. The monitor can in this regard

submit non-binding recommendations. Beyond this, the Monitor has no right to demand

from the parties that they act in a specific manner, refrain from action or tolerate action.

6. The Monitor will submit a written report to the Chairman, AIL within 8 to 10 weeks from

the date of reference or intimation to him by the Principal and, should the occasion arise,

submit proposals for correcting problematic situations.

7. Monitor shall be entitled to compensation on the same terms as being extended to /

provided to Independent Directors on the AIL Board.

8. If the Monitor has reported to the Chairman AIL, a substantiated suspicion of an offence

under relevant IPC/ PC Act, and the Chairman AIL has not, within the reasonable time taken

visible action to proceed against such offence or reported it to the Chief Vigilance Officer,

the Monitor may also transmit this information directly to the Central Vigilance

Commissioner.

9. The word ‘Monitor’ would include both singular and plural.

Section 9 – Pact Duration

This Pact begins when both parties have legally signed it. It expires for the Contractor 3

(three) years after the last payment under the Agreement, and for all other Bidders 12

(twelve) months after the Tender has been awarded. If any claim is made/lodged during

this time, the same shall be binding and continue to be valid despite the lapse of this pact

as specified above, unless it is discharged / determined by Board of AIL.

Section 10 – Other provisions

1. This Agreement is subject to Indian Law. Place of performance and jurisdiction is the

Registered Office of the Principal, i.e. Mumbai.

2. Changes and supplements as well as termination notices need to be made in writing. Side

Agreements have not been made.

3. If the Contractor is a partnership or a consortium, this Agreement must be signed by all

partners or consortium members and in the case of a Company by an authorised

representative.

AIR INDIA LIMITED


31

4. Should one or several provisions of this Pact turn out to be invalid, the remainder of this

Pact remains valid. In this case, the parties will strive to come to an agreement to their

original intentions.

(For an on behalf of Principal) (For an on behalf of Bidder)

(ED, MMD) (Office Seal)

Place: New Delhi

Date:

Witness 1:

(Name & Address) _____________________________

_____________________________

_____________________________

Witness 2:

(Name & Address) _____________________________

_____________________________

_____________________________

AIR INDIA LIMITEDmmd.airindia.co.in/aimmd/tender/tender appointment of FF 12 Nov 14... · Freight...

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