Tender Document

AIRPORTS AUTHORITY OF INDIA

Swami Vivekananda Airport, Raipur

Notice Inviting E-Tender (NIT) For

Application Based CAB Aggregator (ABCA)

Service

at

Swami Vivekananda Airport, Raipur-492015

E-Tender ID No. 2019_AAI_37961

December 2019

Page 1
 TABLE OF CONTENTS

S. No. Contents Page No.

1. Disclaimer 3-6
2. Notice Inviting E-Tender 7-13
3. E-Tendering guidelines to the bidders 14-15
4. General Information and Guidelines 16-24
Annexure: A- Draft License Agreement
Appendix: 1- General Terms & Conditions
5. Appendix: 2- Service Level Terms & Conditions 25-41
Appendix: 3- Concession Area Layout
Appendix: 4- Schedule of Premises
6. Annexure: B - Format for Power of Attorney 42-43
7. Annexure: C - Format for Unconditional Acceptance Letter 44-46
8. Annexure: D - Format for Details of Bidder 47
Annexure: E - Format for Certificate from CA/ Statutory
9. 48
Auditor in respect of technical experience and financial criteria
Annexure: F - Format for Letter of Understanding from
10. 49
Bidder
11. Annexure: G - Declaration by Bidder 50
Annexure: H - Format for Details of Near Relatives working at
12. 51
AAI.
13. Annexure: I - Format for Outstanding Dues Certificate 52
14. Annexure: J - Format for Beneficiary Details for EMD Refund 53
15. Annexure: K - Format for Bank Guarantee 54-55
Annexure: L - Letter of understanding from the Depositor to
16. 56
be submitted along with Bank Guarantee to AAI.
17. Annexure: M – Ready Reckoner for critical details 57-58

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 DISCAIMER

The information contained in this NOTICE INVITING E-TENDER document (the

“e-Tender”) or subsequently provided to Applicant(s), whether in documentary form, by or
on behalf of the Authority, is provided to Applicant(s) on the terms and conditions set out
in this e-Tender and such other terms and conditions subject to which such information is
provided.

This e-Tender is neither an agreement nor an offer by the Authority but an invitation
to the prospective Applicants or any other person. The purpose of this e-Tender is to
provide interested parties with information that may be useful to them in the formulation
of their financial application pursuant to this e-Tender. This e-Tender includes statements,
which reflect various assumptions and assessments arrived at by the Authority in relation
to the subject Concession. Such assumptions, assessments and statements do not purport
to contain all the information that each applicant may require. This e-Tender may not be
appropriate for all persons, and it is not possible for the Authority, its employees or
advisors to consider the investment objectives, financial situation and particular needs of
each party who reads or uses this e-Tender. The assumptions, assessments, statements and
information contained in this e-Tender may not be complete, accurate, adequate or correct.
Each Applicant should therefore, conduct its own assessment, due diligence and analysis
and should check the accuracy, adequacy, correctness, reliability and completeness of the
assumptions, assessments, statements and information contained in this e-Tender and
obtain independent advice from appropriate sources.

Information provided in this e-Tender to the Applicant(s) is on a wide range of

matters, some of which may depend upon interpretation of law. The information given is
not intended to be an exhaustive account of statutory requirements and should not be
regarded as a complete or authoritative statement of law. The Authority accepts no
responsibility for the accuracy or otherwise for any interpretation or opinion on law
expressed herein.

The Authority, its employees and advisors make no representation or warranty and
shall have no liability to any person, including any Applicant, under any law, statute, rules
or regulations or tort, principles of restitution or unjust enrichment or otherwise for any
loss, damages, cost or expense which may arise from or be incurred or suffered on account
of anything contained in this e-Tenderor otherwise, including the accuracy, adequacy,
correctness, completeness or reliability of the e-Tender and any assessment, assumption,
statement or information contained therein or deemed to form part of this e-Tenderor
arising in any way for participation in the bidding process.

The Authority also accepts no liability of any nature whether resulting from
negligence or otherwise howsoever caused arising from reliance of any Applicant upon the
statements contained in this e-Tender.

The Authority may, in its absolute discretion but without being under any obligation
to do so, update, amend or supplement the information, assessment or assumptions
contained in this e-Tender.

The issue of this e-Tender does not imply that the Authority is bound to select all the
Proposals for bidding process for the Concession and the Authority reserves the right to
reject all or any of the Applications or Bids without assigning any reasons whatsoever.

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 The Applicant shall bear all its costs associated with or relating to the preparation
and submission of its Application including but not limited to preparation, copying,
postage, delivery fees, expenses associated with any demonstrations or presentations
which may be required by the Authority or any other costs incurred in connection with or
relating to its Application. All such costs and expenses will remain with the Applicant and
the Authority shall not be liable in any manner whatsoever for the same or for any other
costs or other expenses incurred by an Applicant in preparation for submission of the
Application, regardless of the conduct or outcome of the Bidding process.

The Applicant shall be wholly responsible for any statements/documents/ records,

etc. submitted pursuant to this e-Tender and ensure accuracy thereof. The Authority or its
employees shall accept no responsibility or liability for any deficiency that may be made
by the Applicant. Any false declaration made by the Applicant shall invite action as may be
decided by the Authority including termination of Concession, debarring, forfeiture of
EMD and/or Security Deposit. The Applicant shall also indemnify the Authority and its
employees from actions arising out of this e-Tender.

*******

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 AIRPORTS AUTHORITY OF INDIA
DEPARTMENT OF COMMERCIAL

E-tenders are invited for award of Application Based CAB Aggregator (ABCA)
Service at NITB at S.V. Airport, Raipur

INTRODUCTION

1. Airports Authority of India is (“AAI”) is the largest Airport Operator in India providing
Modernization, Air Navigation, Operation and Management of 125 plus Airports across
India.

2. AAI is desirous of participation of eligible entities in the subject e-tender of Maxi Car
Service in NITB at S.V. Airport, Raipur.

3. AAI came into existence on 1st April 1995. AAI has been constituted as a Statutory
Authority under the Airports Authority of India Act, 1994. The main functions of AAI
include:
 Design, development, operation and maintenance of passenger terminals
 Development and management of cargo terminal at international and domestic
airports
 Provision of passenger facilities at terminals like Duty Free Outlets, Travel Retail
Outlets, F&B facilities, Executive Lounges, Ground transportation facilities (Maxi
Cab, Radio Taxi etc.) and other non-aero activities like; Money Exchange
Counters, Trolley Services and information systems.

4. Since its inception in 1995, Airports Authority of India (AAI) has been at the helm of
affairs in the development of airport infrastructure and management and control of
airport operations and air navigation services in India. Over the past two decades AAI
has been on the forefront of modernising and developing airside and terminal side
infrastructure and improving its services at airports to deliver a better travel
experience to passengers. These measures have resulted in improved air safety and
passenger satisfaction as is reflected in passenger experience survey results.

5. During the Financial Year 2017-18 , AAI has recorded a Total Revenue of Rs12,976.96
crores and a Profit After Tax (PAT) of Rs.2801.64 crores.
6.
7. The spurt in air traffic has brought new opportunities as well as challenges for AAI in
terms of expanding airport infrastructure and passenger amenities.

8. Major Airlines and Passenger Traffic data of the airport is placed below :-
Major Airlines Interglobe Aviation (Indigo), Air Vistara and Air India.

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 Passenger Movement at S.V. Airport, Raipur

Years Aircraft Movements Passenger Movements

2012-2013 11,938.00 8,13,982.00

2013-2014 10,963.00 8,42,974.00

2014-2015 9,607.00 9,24,987.00

2015-2016 11,215.00 12,08,879.00

2016-2017 12,529.00 13,98,420.00

2017-2018 13,886.00 16,30,021.00

2018-2019 20,644.00 20,30,521.00

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 NOTICE INVITING E-TENDER (NIET)

1. E-Tender is hereby invited for granting concession for the following:

Name of Facility Tender Earnest Money Minimum

Processing Deposit (EMD) Reserved License
Fees (in INR) Fees
(in INR) (MRLF)/Minimum
Non Monthly
Refundable Guarantee (MMG)
(in INR)
License for Rs. 25,000/- Rs. 4,40,650/- Rs. 8,85,500/-
Application (Rupees Twenty (Rupees Four (Rupees Eight Lakh
Based CAB Five Thousand Lakh Forty Eighty Five
Aggregator Only) Thousand Six Thousand Five
(ABCA) Service at Hundred Fifty Hundred Only) per
Swami Only month Plus Applicable
Vivekananda Taxes Extra.
Airport, Raipur
(Area 6 sqm for
counter and 4
sqm for pick-up
point)
NOTE:
a) Offers below MRLF will not be considered for award.
b) Highest quote/ offer over and above MRLF, shall be the sole parameter for
selection of highest bidder.
c) License fees shall be the quoted fixed license fees/quoted MMG (Or Revenue
Share, whichever is higher). The quoted fixed license fees/MMG is subject to
annual escalation as detailed in NIT.
d) In addition to the Concession Fees, the selected bidder shall be liable to pay:
(i) Utility/ Facilitation Charges at 10% of normal space rent (or as may be
notified by AAI from time to time, presently normal notified space rent is
Rs.950/-Per Sqm per month (AC space) and Rs. 550/- Per Sqm per
month (Non AC space) subject to annual escalation of 10%) for allotted
space.
(ii) All applicable Government Taxes including GST (presently at the rate of
18%) or at the rates declared by Government of India or State
Government from time to time.
(iii) Charges for the consumption of the electricity and water consumed for
the purpose of use of the said license as becomes due and payable and in
accordance with the directions of the Authority and at the rates as fixed
by AAI from time to time.

2. Location Details: Indicative Auto CAD drawing of concession area layout along
with detailed schedule of premises specifying area is at Appendix 3 & 4

3. Period of Concession: 3 (Three) Years

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4. Rate of Escalation:

a. License Fees shall be subject to annual escalation of 10%.

b. Rate of Annual Escalation – MMG shall be subject to annual escalation @ 10%.
MMG for the next year shall be 110% of MMG of the previous year or average
licence fee paid during the last twelve months, whichever is higher.

5. The prospective bidders are requested to go through the tender conditions and visit
the site / airport to assess the feasibility of business / undergo proper diligence study
and thereafter may bid in the Tender. No reduction in license fee will be entertained
by AAI at any stage for whatever reasons.

6. Participants are advised not to give any conditional tender and adhere to the terms
and conditions indicated in the tender documents provided by AAI. Conditional
tenders would be summarily rejected.

7. Business Incubation Period shall mean a period of 15 days from the date of
issuance of LOIA to the selected bidder. The selected bidder will be under obligation
to complete all the formalities/ conditions of award as will be specified in the LOIA.

8. Handing Over of Sites:

a. Sites will be handed over to the selected bidder upon fulfillment of conditions of
award within the stipulated time of business incubation period.
b. If the licensee fails to complete the conditions of award which are pre-requisite
for handing over of site, then the gestation period will be deemed to have
commenced on 16th day of issuance of LOIA i.e. immediately after expiry of
business incubation period. However, actual handing over of sites shall only be
done after completion of all conditions of award.
c. In case tender process has been completed and successful tenderer has been
awarded LOIA, but, concession/ license period of incumbent licensee is not over,
then, date of hand over of site should not be later than 7th day of expiry of
incumbent license or expiry of business incubation period (whichever is later).
However, in extreme circumstances, if due to some reason, the vacant site could
not be made available, the Airport Director in consultation with concessionaire
can identify an alternate location for commencement of concession/ license.
Rebate shall not be considered in such a case.

9. Gestation Period:
a. Gestation period of 30 Days, reckoned from the date of handing over of sites
shall be permissible.
b. No gestation period is to be permitted in case of renewal/award of the
concession/ license in favor of the existing licensee in the same place (i.e. same
area as well as location). However,

Page 8
 i. where there is change in location or due to suspension of the business to
carry-out modification at the existing area etc. in the concession/ license
premises, normal gestation period, as defined above, may be permitted.
ii. If there is increase in the area in the new license at the same location
awarded to existing licensee, the gestation period would be applicable for
the incremental area only (if he continues with the business from the
existing area and needs development period for the incremental area). In
this scenario, licensee shall continue to be billed on the basis of quoted
license fee on pro-rata basis for existing area. Billing for the newly
developed/incremental area shall be started after expiry of gestation
period.

10. Eligibility Criteria:

a. Technical Criteria :
The applicant must be a company registered under the Companies Act of 1956/2013
(Central Act 18 of 2013).
Applicant should have one year experience in operating Application Based Cab
Aggregator/Maxi Cabs/Radio Taxi/ Car Rentals through App. in the same
city/airport where tender has been invited.
OR
Applicant should have one year experience in operating Cab Aggregator/Maxi
Cabs/Radio Taxi/Car Rentals through App. in any five cities/airports in India.
Certified copy from Chartered Accountant for having minimum 2000 trips per
month generated from/via app. in that particular city (from where experience has
been claimed ) to be submitted.

b. Having a designated point of contact in that particular city (from where

experience has been claimed).
c. Having following security feature :
a. Location sharing facility with minimum 02 individuals;
b. SOS feature in App.
c. Having either a web or a phone application or call center based real time
customer support and grievance redressal mechanism having an
operational telephone number or an email address of a grievance
redressal officer.
An affidavit mentioning the above security features shall be submitted in Technical
Bid.

d. Financial Criteria:
The parties should have an annual gross turnover of amount equal to Rs.5 crore in
any of the last 3 financial years during which experience has been claimed. The turn
over details should be duly certified by a Chartered Accountant.

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A. Revenue Model:
Rate per trip x number of trips per month or MMG, whichever is higher.
Rate per trip/booking

Airport Rate per trip/booking (Rs.)

Swami Vivekananda Airport, Raipur 20

Note:
1. The agency must ensure that no additional charges shall be levied to the
passengers other than the above prescribed charges in the name of Airport in any
manner.
2. Above rates & MMG are exclusive of Taxes/GST.
B. Additional Amount Payable for Space for “Service & Facilitation Counter”
Applicable space rent + Utility charges is payable for “Service & Facilitation counters”.
(One inside terminal building and one at pick-up point)

C. Selection Model: - To H1 quoted bidder through e-tender – Bidding on MMG.

1. AAI may offer licence to more than one agency to operate application based Cab
Aggregator subject to maximum of three (03) operators at Kolkata & Chennai
Airports. For all other airports it shall be upto two (02) operators.

2. AAI may offer H2 & H3 quoted bidders to match with H1 quoted amount.
MMG shall be payable as :

In case of Single Licensee – H1 quoted amount

In case of two licencees

• For H1 bidder – 1/2 of H1 quoted amount;

• For H2 bidder – 1/2 of H1 quoted amount + 10% of H1

In case of three licensee

• For H1 bidder – 1/3 of H1 quoted amount;
• For H2 bidder – 1/3 of H1 quoted amount + 10% of H1
iii)For H3 bidder – 1/3 of H1 quoted amount + 20% of
H1

Value addition to H1 quoted bidder – Preferential selection of pick up points/

booking counter.
3. Minimum lock in period – 50% of licence period;

4. Demurrage charges – Three months current licence fee if licence is terminated

before 50% of licence period.

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 5. Business incubation period – Maximum 15 days for submission of acceptance of
offer, payment of security deposit, advance licence fee, execution of agreement
and taking over the site etc. from the date of issuance of letter of intent/award.

6. Security Deposit : Equal to three months of first year MMG, applicable space
rent & utility charges as mentioned below. Licence shall have to maintain security
deposit as under :

Amount of SD Remarks
S.No. Period
equivalent to
At the beginning of
1. licence Three months of MMG
Average monthly licence
fee paid during last six
2. After six months
months multiplied by
three.
Average monthly licence Different
After 12 months and fee paid during last six amount of SD
3. thereafter every year months multiplied by shall be
three submitted.

1. The licencee shall also submit SD for applicable space rent and utility charges.

2. Rs.50,000/- towards electricity.

11. E-Tender documents indicating full details of the licence can be seen in the e-tender
documents uploaded on the NIC CPPP E-Tendering Portal at etenders.gov.in

a) The bids shall be submitted only on the NIC CPPP E-Tendering Portal at
etenders.gov.in

b) The bids shall not be accepted in any other form

c) The e-tendering process is online at NIC CPPP E-Tendering Portal at

etenders.gov.in

d) Tenderers are requested / advised to get themselves acquainted for e-tendering

participation requirement themselves at NIC CPPP E-Tendering Portal at
etenders.gov.in mentioned above.

e) Clarification needed, if any, may be sent through NIC CPPP E-Tendering Portal
only.

f) Cost of tender fees amounting to Rs. 25,000/- (Rupees

Twenty Five Thousand Only), shall be paid by the bidder before the scheduled
time of e-tender submission through RTGS/NEFT in favor of
“Airports Authority of India”. No other mode of payment shall be acceptable.

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 g) The amount of Earnest Money Deposit (EMD) of Rs. 4,40,650/- (Rupees
Four Lakh Forty Thousand Six Hundred Fifty Only) shall be paid by the
tenderers before the scheduled time of e-tender submission through RTGS /
NEFT in favor of “Airports Authority of India”. No other mode of payment
shall be acceptable.

h) 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. 31846309776

Bank Name SBI,

Branch Mana, Raipur

IFSC Code SBIN00013657

i) A copy of the proof / documents of the above payments (i.e. cost of tender
document and EMD) made through RTGS / NEFT is to be uploaded (i.e.
scanned copy) along with the technical bid documents to be submitted by the
bidders(online).
j) Non-submission of cost of tender document and EMD shall lead to
disqualification of tenderers.
k) E-bids shall be submitted in two bid system as follows:-
i. Technical bid – Earnest Money Deposit (EMD) and other documents as
required under clause 3 of the general information / guidelines of Notice
Inviting Tender.
ii. Financial Bid – As required under clause 4 of general information
/guidelines of Notice Inviting Tender.
12. Critical Dates:

S. No. Activity Scheduled Dates and Time

1. Download/Sale of e-Tender From 13.12.2019 to 04.01.2020 Up to
Document from NIC CPP portal 1700 Hrs.
2. Submission of queries related to e- UP TO 23.12.2019 BY 1700
Tender, if any; on NIC CPP portal Hrs.
only.
3. Reply to the queries by AAI on By 26.12.2019 BY 1500 Hrs.
NIC CPP portal
4. Pre bid meeting with the On 26.12.2019 at 1530 hrs.
prospective bidders, if required

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 5. Online submission of Bids / UP TO 04.01.2020 BY 1730
Proposal(s) (Technical Bid as well Hrs.
as Financial Bid) on e-tender
portal
6. Opening of Technical Bids / ON 06.01.2020 AT 1600 Hrs.
Proposal(s) (online only)
7. Opening of Financial Bids / ON 13.01.2020 AT 1600 Hrs.
Proposal(s) (online only)

2. In case bidder withdraws from tender process before opening of technical bid date
and time, 10% of EMD amount shall be forfeited.
3. After last date of submission of bid, at any stage if an agency withdraws from tender
process, entire EMD amount shall be forfeited.
4. After opening of the technical bid and before opening of financial bid, if any agency
withdraws from tender process, the EMD of the party shall be forfeited and the party
shall be debarred for participation in any tender at S.V. Airport Raipur for one
year from the date of debarment.
5. AAI reserves to itself the right to reject the conditional tenders without assigning any
reason thereto.
6. AAI reserves to itself the right to reject any or all the tenders without assigning any
reason thereof and to call for any other detail or information from any of the
tenderer(s).
7. On acceptance of the tender, the name of the authorize representative(s) of the
tenderer who would be responsible for taking instructions from authorized official of
the AAI is to be intimated.

8. Applicability of parking Fee :- In addition to quoted MMG, Licensee has to pay parking fee
to the parking contractor, as per the terms and conditions of prevailing Car parking license
at the respective airport, i.e. no exemption from parking etc.

AIRPORT DIRECTOR
S.V. Airport, Raipur

*****

Page 13
 “E-Tendering guidelines to the bidders”

E-Tendering Participation Requirements: Interested bidders/tenderers willing to

participate through e-tendering process are required to register themselves in the GOI
Central Public Procurement Portal www.etenders.gov.in

For special Instructions to the Contractors/Bidders for the e-submission of the bids online
through e-Procurement Portal click here or follow hyperlink given below:
https://etenders.gov.in/eprocure/app?page=HelpForContractors&service=page

Bidders Manual Kit available for download at the hyperlink given below:
https://etenders.gov.in/eprocure/app?page=BiddersManualKit&service=page

For any technical assistance with regard to the functioning of the portal, the bidders may
contact the Help desk according to escalation matrix given below:

CPPP under GePNIC, Help Desk Services

1. For any technical related queries, please call the Helpdesk at 24 x 7 Help
Desk Numbers: 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

2. For any Policy related matter / Clarifications, Please contact Dept of Expenditure,
Ministry of Finance.

E-Mail: cppp-doe@nic.in

3. For any Issues / Clarifications relating to the publishing and submission of

AAI tender(s)
a. 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 https://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”.

Page 14
4. In case of any issues faced, the escalation matrix is as mentioned below:

S.No Support Escalation Help Desk

. Persons Matrix E-mail address Number Timings

1. Help Desk Instant eprochelp@aai.aero 011-24632950, 0800-2000

Team Support Ext-3512 Hrs.
(6Lines) (MON- SAT)
2. Sh. Sanjeev After 4 sanjeevkumar@aai. 011-24632950, 0930-1800
Kumar, Jr. Hours of aero Ext- 3505 Hrs.
Exe.(IT) issue (MON- FRI)

3. Mrs. S. Nita After12 snita@aai.aero 011-24632950, 0930-1800

AGM(IT) Hours Ext-3523 Hrs.
(MON- FRI)

4 Name of the After 0930-1800

Bid Manager 12Hours Hrs.
(MON- FRI)

5. General After3 days gmit@aai.aero 011-24657900 0930-1800

Manager(IT) Hrs.
(MON- FRI)

6. Commercial In- After 3 days 0930-1800

Charge Hrs.
(MON- FRI)

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

1. 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.

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

Page 15
 GENERAL INFORMATION AND GUIDELINES

1. E-Tender Documents are not transferable.

2. Following bids shall be submitted through online only at e-portal by the bidder /
tenderer:-
a) The technical e-bid through e-portal.
b) The financial e-bid through e-portal.

3. Each page of Technical Bids should be signed by the tenderer or person authorized
by the tenderer. The authorization (Power of Attorney) should be on non-judicial
stamp paper of Rs.100/- duly attested by Notary Public (Format as per Annexure: B).
The technical e-bid which will be opened first, shall contain the following documents
specified as under (Bidders shall upload scanned copy of following documents along
with authorization letter in readable form at NIC CPPP E-Tendering Portal at
etenders.gov.in as a part of technical bid):-

a) Details of the concern and legal status that is whether it is sole proprietor,
partnership firm or a company under the Companies Act. Details to be
provided as per Annexure: D

b) Self-attested copies of the PAN card, GST registration. In case any or all the
provisions mentioned above are not applicable, the party should give a
declaration to that effect. Non submission will not be considered as
exemption. AAI reserves the right to confirm the legal applicability of the
provisions before accepting the declaration of non-applicability as submitted
by the party.

c) Copies of (duly audited and certified by a chartered Accountant) Profit and

Loss Account / Balance sheet of the sole proprietor concern or a partnership
firm, Annual Report in case of company as per the companies Act.

d) Self-attested copies of Memorandum and Articles of Association in case of

Companies and Partnership deed in case of firms and approved by-laws in
case of co-operative societies.

e) The Bidders are required to furnish Earnest Money Deposit of Rs.

4,40,650/- (Rupees Four Lakh Forty Thousand Six Hundred Fifty
Only) the EMD and Tender Fee of Rs. 25,000/- (Rupees Twenty Five
Thousand Only) shall be deposited via bank transfer in the
form of RTGS/NEFT to “Airports Authority of India” as per the
details already provided in the NIET. A copy of document indicating payment
of EMD and Tender Fee through RTGS/NEFT is to be uploaded in the
technical bid. Non-payment of EMD by the stipulated date & time shall lead to
disqualification of tendered(s).

Note: EMD in the form of cash/Demand Draft or any other form shall not be
accepted. Prospective Bidders shall also note that they are not required to
contact any AAI employee or submit any documentary evidence of
submission of EMD via Bank Transfer in the form of RTGS/NEFT to any AAI
employee during the process of the tender. In no scenario, the prospective
bidders are required to submit/contact any AAI employee for physical

Page 16
 submission of any documents before opening of the bids. Tenders/bids
without EMD shall not be considered.

Refund of EMD:
EMD of unsuccessful bidders received through bank transfer mode
(RTGS/NEFT) shall be refunded online through the same mode only and it
shall be refunded in the bank account whose detail is required as per
“Annexure – J” to be submitted as part of technical bid. The refund of EMD
to bidders who fail to qualify the eligibility /technical stage shall be initiated
automatically within 15 days of opening of financial bid.

f) No Dues Certificate:

i. Self-Declaration of Dues:
The party should submit the details of contracts held (current and past) at
all AAI controlled airports and offices and the details of disputed and
undisputed dues there on along with the details of Security Deposit and
mode of Security Deposit (Refer Annexure G).

ii. No Dues Certification from AAI:

The party should also enclose the no dues certificate issued by AAI (Up to
30.09.2019, except where the dues are pertaining to current quarter i.e.
the quarter in which tender is invited) in respect of all airports under its
control. Only signed certificate will be valid. Photocopy of the signed
certificate to be attested by the party at the time of tender submission.
Format as per Annexure: I

iii) If the entity participating in any of the tenders is a private or public

limited company, Partnership firm or a Sole Proprietor and any of the
Directors/Partners/Sole Proprietor of such company is also a Director of
any other company or partner of a concern or a Sole Proprietor having
established business with AAI and has outstanding dues payable to the
Authority, then the said entity may not be allowed in AAI tenders.
The disputed amounts which are referred for dispute
Resolution/Arbitration by the Competent Authority shall not be
considered as outstanding dues provided the agency has furnished as
additional validated Security Deposit (in addition to the Security Deposit
as per the terms & conditions of the existing License/concession)
equivalent to 50% of the value of the disputed amount or as stipulated in
the agreement. The period of this Security Deposit of disputed dues
under arbitration shall be minimum 2 years from the date of
DRC/Arbitration and further renewable.
In the event of specific order/judgement from a Judicial Court/ Arbitral
Tribunal staying/withholding the realization of certain dues, the
adherence to the above condition will be exempted and regulated in
accordanace with the specific order.

g) Form of unconditional acceptance duly signed (enclosed as Annexure „C

along with tender documents).

Page 17
 h) Declaration to the effect that no raid/seizure/search has been carried out
and/or pending by a Regulatory Authority in respect of the license granted by
AAI in any of the Airport premises either against me and/or any member of
the consortium or against our/its associates or against any of the
Directors/Managers/Employees”

i) Declaration giving the details of blacklisting or debarring by AAI, or any

Government of India department, any Central or State public sector
undertakings. (NIL statement also to be filed). (Refer Annexure G).

j) Declaration of cases / action under PPE Act initiated by AAI. (NIL statement
also to be filed). (Refer Annexure: G)
k) Declaration in respect of near relatives* working in AAI, as per Annexure: H.

l) Certificate from Chartered Accountant/Statutory Auditor in respect of

Technical Capacity & Experience, as per Annexure: E.

m) Letter of Undertaking by Bidder, as per Annexure: F

n) Documents supporting eligibility criteria.

o) Scanned copy of complete set of e-tender document containing 55 no. of

pages (duly signed and stamped by the authorized person)

p) Certified details of Gross turnover of Rs. _______/- out of which Rs. _____
from the business for which experience has been claimed and net worth to be
submitted by the tenderer duly certified by Chartered Accountant/ Statutory
Auditor.

Important: AAI reserves the right to verify, refer any document to the
concerned authority for confirmation from case to case basis. Mere submission
will not bind AAI to accept the documents as valid for opening of financial bid.

Note:
One set of scanned copy of complete technical documentation comprising of
documents as listed at clause 3 (a to 0) above shall be uploaded in the technical
bid.

4. Financial Bid
a) The financial e-bid should be in the prescribed format available at NIC CPPP
E-Tendering Portal at etenders.gov.in and the following shall also form part
and parcel of financial e-bid to be submitted by the tenderer:-

I / We have carefully read and understood the terms and conditions of the
licence as contained in E-Tender Documents issued by the Airports Authority
of India (AAI) including the following :-
i. Earnest Money Deposit of Rs. 4,40,650/- (Rupees
Four Lakh Forty Thousand Six Hundred Fifty Only) liable to be
forfeited by AAI, if on award of license, I/We do not accept the award

Page 18
 or do not fulfill any of the conditions stipulated in e-tender documents,
within prescribed time.
ii. On account of non-acceptance of award or on account of non-
completion of e-tender conditions within the prescribed time, I/We
shall be debarred by AAI for further participation in the tenders at its
airports or at any other place under the control of AAI, for a period of
three (3) years.
iii. In case the documents submitted by my/our firm along with e-tender
are false / incorrect, the e-tender of my/our firm will be liable to be
rejected by giving reasons. In addition, AAI reserves its right to forfeit
the EMD of my/our firm and debar my/our firm from participation in
the further e-tender/ tender of AAI, for a period of three (03) years.

b) AAI reserves itself the right to reject the conditional offer without assigning
any reason thereto.

c) The AAI does not bind itself to accept the highest or any e-tender and reserves
to itself the right of accepting the whole or any part of the e-tender and the
tenderer shall be bound to provide the service at the rate quoted.
d) The amount of license fee should be conspicuously written both in figures as
well as in words. Any over-writing, correction or insertion should be duly
signed by the authorized signatories of the tenderer(s).

e) In case of discrepancy between the amount offered in figures and words, the
offer written in words will only be considered.

5. It may be noted that the Earnest Money Deposit of the successful bidder may be
forfeited and the bidder may be debarred for further participation in AAIs tender(s)
/ e tender(s) for a period of three (3) years, on account on non-completion of the
following:

a) Acceptance of the offer within seven (07) days from the date of issuance of the
award letter addressed to the party.

b) Payment of advance license fee for one month within 15 days from the date of
issuance of the award letter.

c) Security Deposit : Equal to three months of first year MMG, applicable space
rent & utility charges as mentioned below. Licence shall have to maintain
security deposit as under :

Amount of SD Remarks
S.No. Period
equivalent to
At the beginning of
1. licence Three months of MMG
Average monthly licence
fee paid during last six
2. After six months
months multiplied by
three.

Page 19
 Average monthly licence Different
After 12 months and fee paid during last six amount of SD
3. thereafter every year months multiplied by shall be
three submitted.

d) Execution of the Agreement within 15 days from the date of issuance of award
letter (Stamp Duty and Agreement Registration Fees to be borne by the
licensee).

e) Commencement of the facility within gestation period.

6. E - Tender(s) will remain valid for a period of 180 days from the date of opening of
the Financial Bid. If any tenderer withdraws during the validity period, his Earnest
Money Deposit will be forfeited. However, after opening of financial bid, being H1
(highest bidder) in the tender if the party withdraws its bid, EMD shall be forfeited
and the said bidder will be debarred from participating in any tender of AAI for one
year.

7. The tenderer(s) shall give the list of his near relatives employed in AAI.

8. The successful bidder shall intimate the names of the persons employed by him or
going to employ, who are near relatives* of AAI employees, or are ex-employees of
AAI who have separated from AAI in the past two years.

9. Fraud & Corrupt Practices and Penalty:

a) Even if the bidder satisfies every criterion as per the guidelines set forth
above, but at any stage during the tender process, or after the issuance of
LOIA to the successful bidder, or after the execution of concession agreement
or during the subsistence thereof, AAI at its discretion can disqualify the
bidder or terminate the concession (as the case maybe), if the bidder/licensee:
i. has been debarred by any state or central government or government
agency in India and the same is subsisted at the time of NIT; or
ii. has made misleading or false representation in the forms, statements
and attachments submitted; or
iii. the applicant does not respond promptly and thoroughly to requests
for supplementary information requested by AAI for the evaluation of
the Proposal; or
iv. One or more of the eligibility criterion have not been met by the
Applicant; or

v. The Applicant has made a material mis representation; or

vi. The Applicant has engaged in a corrupt, fraudulent, coercive,

undesirable or restrictive practice;

vii. The applicant or its associates or a person or entity having legal

relationship with applicant committed any fraud or forgery by way of
submission of any kind of documents/ bank guarantee/ Security
Page 20
 Deposit etc (during the tender process and thereafter) with this or any
other tender/ contract with Airports Authority of India or any PSU or
Government Departments during the last 5 years;

b) Then the LOA or the draft Agreement, as the case may be, shall,
notwithstanding anything to the contrary contained therein or in this NIT
Document, beliable to be terminated by a communication in writing by AAI to
the agency without AAI being liable in any manner whatsoever to the agency.
In such an event, AAI shall forfeit and appropriate the EMD and Performance
Security and debar the agency from AAI tenders for any period not succeeding
subject to minimum of three years ,as the case may be without prejudice to
any other right or remedy that may be available to AAI in this regard.

c) If such an event occurs after the issuance of LoA and during the contract
period, then AAI reserves the right to take any such measure as may be
deemed fit in the sole discretion of AAI, including annulment of the contract
and forfeiture of the Performance Security amount.

d) Proposals shall be deemed to be under consideration immediately after they

are opened until such time that AAI makes an official intimation of
award/rejection to the Applicants. While the Proposals are under
consideration, Applicants and/or their representatives or other interested
parties are advised to refrain from contacting, by any means, AAI and/or
their employees/representatives on matters relating to the Proposals under
consideration.

10. Conflict of Interest:

a) The bidder should ensure that they are not falling into any conflict of interest.
The bidder shall be disqualified, if there, is a conflict of interest on its part. In
such an event, AAI shall forfeit and appropriate EMD, and debar the bidder
from participating in future AAI tenders for a period not less than three (03)
years.

b) The bidder shall be deemed to have a conflict of interest affecting bidding

process, if:
i. The Bidder, its Member or Associate (or any constituent thereof) and
any other Bidder; its Member or any Associate thereof (or any
constituent thereof) have common controlling shareholders or other
ownership interest; provided that this disqualification shall not apply
in cases where the direct or indirect shareholding of a Bidder, its
Member or an Associate thereof (or any shareholder hereof having a
shareholding of more than twenty(20) per cent of the paid up and
subscribed share capital of Such Bidder, Member or Associate, as the
case may be), in the other Bidder, its Member or Associate is less than
twenty(20) per cent of the subscribed and paid up equity share capital
thereof; provided further that this disqualification shall not apply to
any ownership by a bank, Insurance company, pension fund ,Airports
Authority of India, Govt of India or a public financial institution
referred to in the Companies Act, 1956/2013 or as amended from time
Page 21
 to time. For the purposes of this Clause, indirect shareholding held
through one or more intermediate persons shall be computed as
follows:
(aa) where any intermediary is controlled by a person through
management control or otherwise, the entire shareholding held by
such controlled intermediary in any other person (the “Subject
Person”) shall be taken into account for computing the
shareholding of such controlling person in the Subject Person;
and
(bb) subject always to sub-clause (aa) above, where a person does not
exercise control over an intermediary, which has shareholding in
the Subject Person, the computation of indirect shareholding of
such person in the Subject Person shall be undertaken on a
proportionate basis; provided, however, that no such
shareholding shall be reckoned under this sub-clause (bb) if the
shareholding of such person in the intermediary is less than 26%
of the subscribed and paid up equity shareholding of such
intermediary; or
ii. A constituent of Such Bidder is also a constituent of another Bidder; or
iii. Such Bidder, or any Associate thereof receives or has received any
direct or indirect subsidy, grant, concessional loan or subordinated
debt from any other Bidder, or any Associate thereof or has provided
any Such subsidy, grant, concessional loan or subordinated debt to any
other bidder, its Member or any Associate thereof; or
iv. Such Bidder has the same legal representative for purposes of the
Proposal as any other Bidder; or
v. Such Bidder, or any Associate thereof has a relationship with another
Bidder, or any Associate thereof, directly or through common third
party/ parties, that puts either or both of them in a position to have
access to each other information about, or to influence the Proposal of
either or each other; or
vi. Such Bidder or any Associate thereof has participated as a consultant
to AAI in the preparation of any documents, design or technical
specifications of the Concession.
vii. In case of an applicant having legal relationship with any other
applicant.

11. Exit Clause, Dispute Resolution, Arbitration & Litigation.

a) Normal termination:
The contract will deem to be terminated on the last date as given in the
agreement provided the extension or renewal is approved by the competent
authority on or before the last date and communicated the party in writing
and duly accepted. The liability of the party will continue to be payable along
with the delayed interest (at the rate mentioned in the contract) till the same

Page 22
 is settled. The contractor cannot claim the dues to be time barred or ultra
vires even after the contract is deemed to have terminated by operation of this
clause.

b) Termination for cause:

If the party or AAI has invoked the internal dispute resolution clause (as per
which the dispute referred to the DRC is to be completed within a period of 45
days) and the same remains unresolved after the specified time period, it will
be deemed that the notice period for the termination has commenced from
the next date within which the dispute should have been resolved. No extra
notice period. If such termination happens to fall within 50 % of the contract
period, then the party is liable to pay AAI the values of license fee equal to the
amount of current license fee for the six months as demurrage charges. The
agreement should also provide for invocation of arbitration clause only after
the internal dispute mechanism has been exhausted. However, the notice for
termination will deem to have commenced irrespective of the arbitration
proceedings.

c) Termination for convenience:

Either party, AAI on one part and the contractor on the other party can serve
the notice for termination by giving the requisite notice period. The notice by
AAI to be served only after obtaining the approval of the acceptance authority.
Similarly, the notice given by the party should be approved by the acceptance
authority. However, the date on which notice was received at AAI will be the
commencement of the notice period and the administrative time required for
the approval will not be added. If the concession/license has been terminated
within 50% of the license period or the party has not served the requisite
notice of 60 days, for surrender of license/concession after completion of
50% licence period, then the Security Deposit equivalent to current license
fee/MMG shall be forfeited as demurrage charges, as per the details below:

Security deposit equivalent to current license

If termination fee/MMG to be forfeited (in months)
S. No. of concession/ For contract For contract For contract
license occurs period of more period of 1-3 period of less
than 3 years years than 1 year
Before 50 % of
(i) 6 4 2
contract period
between 50% to
(ii) 4 3 2
75%
between 75% to
(iii) 2 2 1
100%

NOTE: If the licensee does not operate the license upto 50% of the contract
period then the party is liable to be debarred for one year from the date of

Page 23
 issuance of orders.
d) Termination for regulatory / legislative or supervisory
requirements: If any provision on law or legislation of India makes it
mandatory to stop/prohibits the continuation of any contract at any particular
location or otherwise, then it will be deemed to be closed from the date of
such enactment. No compensation is payable by AAI.
12. All the above guidelines will form part & parcel of the Notice inviting E-Tender
(NIET).

13. AAI reserves the right to extend the date of submission / opening of the bids as well
as to extend the validity of the E-tender if situation warrants and with sufficient
reasons.

14. AAI reserves right to reject any or all e-tender(s) in part or in full without assigning
any reason.

*Note:“By the term near relative is meant wife, husband and dependent parents,
grandparents, children, grandchildren, brothers, sisters, uncle, aunts, cousins and their
corresponding in laws”.
*****

Page 24
 ANNEXURE : A of Annexure-V

Draft Licence Agreement

Photo of the
licensee

SUBJECT: Grant of License for at _ AIRPORT,

THIS CONCESSION AGREEMENT (“Agreement”) made and executed

at on this day of Two Thousand by and
between:
The Airports Authority of India, a body corporate constituted by the Central Government
under the Airports Authority (Act 55 of 1994) and having its corporate office at New Delhi
and branch office at Airport, represented by Airport Director,
Airport, , hereinafter called the „Authority‟ (which term shall, unless excluded
by or is repugnant to the context, be deemed to include its Chairman, or Member, Executive
Directors, Airport Director, officers or any of them specified by the Chairman in this behalf,
and shall also include its successors and assigns) of FIRST PART;
and
, a Proprietorship Firm/ Partnership Firm/ LLP/ Company
incorporated under the Company Act 2013, represented by and
having its registered office at (hereinafter called the
“Concessionaire/Licensee” (which shall, unless excluded by or is repugnant to the context,
be deemed to include its heirs, authorized official/officer, successor and assigns) of the
SECOND PART.
WHEREAS the Authority is entitled in „Law‟ to grant license at its Airport
for the purpose of so as to
provide amenities and facilities to the passengers and visitors at airport and
is in possession of space, more fully described in the schedule hereunder and in the plan
annexed to this agreement, hereinafter referred to as the premises.
WHEREAS the Licensee is desirous to render the services to the Authority on the terms &
conditions mentioned hereunder:
AND WHEREAS the Authority is agreeable to grant the license.
NOW, THEREFORE, this indenture witnesses:
1. That the license for the said facility shall be valid for the period of ( )
years from to , unless terminated earlier on
account of following;

Page 25
 a. By giving days of notice in writing without assigning any reason.
b. Terminated by AAI on a short notice on account of unsatisfactory
performance.
c. Termination on expiry of the specified time period allotted for unresolved
internal dispute resolution.
2. That in consideration, Licensee shall pay the Authority every month in advance by
way of license fee on or before 10th day of English calendar month as under:

Year Amount of Monthly License Fee

1st Year + GST applicable on time
2nd Year + GST applicable on time
3rd Year + GST applicable on time

3. Rate of Escalation:
a. License Fees shall be subject to annual escalation of
b. The first annual escalation will be applicable after completion of one year +
six months license period. Thereafter the same will be applicable after
completion of subsequent one year period there from. Even if, on account of
any delay whatsoever, licensee could not commence business operations on
the expiry of gestation period stipulated in NIT, for the purpose of calculation
of date on which 18 months of license are completed (date on which first
escalation is applied) shall be deemed from next day of expiry of gestation
period stipulated in NIT.

4. AAI shall raise bill on or before 10th of every month. The concessionaire has to make
the payment of License Fees etc. by 25th of the same month, failing which interest on
delayed payment at the rate of 9% per annum shall be charged from the due date for
delay period of up to 30 days and if delay s for more than 30 days, then interest the
rate of 18% per annum shall be charged from the due date, of entire delay period.
5. That in addition to the above said license fee, Licensee is also liable to Rs. /-
per sqmtr pm towards AC space rent (if applicable) and Rs. per sqmtr pm
towards Non AC space rent (if applicable). Licencee is also liable to pay utility
facilitation charges @ 10% of monthly licence fee. Such charges shall be paid within
the date(s) specified in the bill(s). The space rent/Utility/Facilitation charges/CAM
charges are subject to 10% compound annual escalation on 1st of every year or as may
be decided by AAI from time to time.

6. That in addition to the above said licence fee, licensee shall pay all charges towards
consumption of electricity and water as may be due as determined by the Authority
and at the rate(s) fixed by it from time to time. Such charges shall be paid within
the date(s) specified in the bill(s). The Licensee shall have to provide his own
meter(s) for the purpose, failing which Licensee shall be billed on assessed
consumption. In default of payment of said charges, the Authority may without
prejudice to its other rights disconnect or cause to be disconnected the water and
electricity to the said premises without any notice and the Licensee shall not be

Page 26
 entitled to any compensation whatsoever on account of any such disconnection.

7. That the Licensee shall pay all rates, assessments, out goings and other taxes as
leviable on the Licensee in Laws.
8. That the Licensee shall make payment of license fee etc. either by cheque/demand
drafts drawn on local banks or through RTGS/NEFT. No outstation cheque shall be
accepted in payment of license fee etc.
9. That the licensee shall deposit a sum of Rs. /-
(Rs. Only) i.e. an amount
equal to months of license (based on year license fee) fee as Security
Deposit in the form of Demand Draft / Pay order / RTGS/NEFT/ Bank Guarantee
from a Nationalized/Scheduled Bank (Bank Guarantee from Co-operative Banks,
even scheduled co-operative banks, shall not be acceptable) in favor of Airport
Director, AAI, Airport. Bank Guarantee should be valid for the
entire period of license plus six (06) months. In the event of the Licensee committing
any breach of the terms & conditions of the license agreement, the Authority may
without prejudice to other rights and remedies be entitled to forfeit the Security
Deposit or any part thereof. In Such an event he shall pay in the same manner as
stated above such additional sum immediately as he may be called upon by the
Authority to pay, so that the Security Deposit shall at all times during the
continuance of these presents, be for the same amount. On the expiration or earlier
determination of the license the Authority shall return the Security Deposit or part
thereof which has not been forfeited as aforesaid, to him, without interest. The
Licensee shall also submit Security deposit for applicable space rent & utility charges.
10. That the Licensee shall also liable to make the payment Rs. 50,000/- (Rupees
Fifty Thousand Only) towards security deposit in respect of electricity charges.
The said security deposit will cover SD towards all types of utilities such as
Electricity, Water, Data Port, Telephone etc.
11. That the Licensee shall equip himself with all necessary permits, licenses and such
other permissions as may be required under the law in force at any time with regard
to the operation of the subject license.
12. That the Licensee shall maintain such regular and proper account books along with
other supporting documents regarding sales effected by the Licensee in the said
premises and said accounts/documents shall all the times be kept open for
inspection by Authority in such manner as may be prescribed. The Licensee shall
provide to the Authority, if so required by the Authority, Statements of audited
Accounts in such manner and within such period as the Authority, Statements of
audited Accounts in such manner and within such period as the Authority may
prescribe. Licensee shall be liable to share invoicing details live with AAI.
13. That the Licensee shall have no right to object as and when the Authority decides to
grant additional License for similar Facility at the airport premises where the
Licensee is rendering such services.
14. That Authority shall provide bare space for the subject service and other expenses of
any kind for establishment and rendering of the services shall be incurred by the
Licensee. However, provisions of electricity, water and drainage connections, as the
case may be, if so required, for the smooth operation of the services shall be provided
by the Authority.

Page 27
15. All the times during the currency of the license agreement, it shall be the
responsibility of the licensee to obtain proper fire insurance coverage including theft
and burglary in respect of all the movable and immovable assets stored or used in the
licensed premises and authority shall not be responsible for any loss or damage
caused to the licensee on any accounts whatsoever.
16. That Licensee shall operate the subject facility by charging the rate from users, as
may be approved in advance by the Authority. Licensee shall exhibit the said
approved charges at a conspicuous place inside the licensed premises.
17. That the Authority reserves to itself the right to change the location of the premises
at any time and may at its discretion, call upon the Licensee to vacate the site and
may give him an alternative premise for the purpose of this license. In such a case,
the Licensee shall be bound to vacate the premises immediately and accept the said
alternate premises. The entire expenditure on such shifting shall be borne by him
and the licensee shall not be entitled to claim any compensation or revision in the
license fee on that score.
18. The Licensee shall use the premises for the bona fide purpose as provided in the
Agreement, more particularly described in the enclosed schedule, for the use of all
passengers and bona fide visitors to the Airport and Officers of the Authority and the
staff of various Airlines using the Airport and for no other purpose.
19. The Licensee shall not erect or display any advertisement or signboards except after
obtaining the prior approval in writing of the Authority.
20. The licensee must necessarily operate the contract for minimum 50 % of the total
period of the contract failing which the licensee may be debarred from participating
any tender in AAI for minimum period of 01 (one) year.
21. That in case if at any stage during the currency of the agreement, AAI finds that the
party had bagged the contract by submitting any false/wrong document or concealed
any information/document, in such an eventuality the SD/BG lying deposited with
the AAI shall be forfeited and the licencee shall be debarred for three years for
participation in AAI tender. However, in case the licence is terminated due to any
illegal activity which is punishable under any of the laws of the land then the party
will be debarred till the case is cleared by the concerned legal authority of the land.
22. The Licensee shall not terminate the license before the expiry of the period of the
license except by giving days notice in writing, otherwise the Licensee shall be
liable to pay to the Authority (without any demur or question) such amount of
money as the Authority may decideas due to it by the Licensee. The license can be
terminated by the Authority by giving days notice in writing without assigning
any reason thereto.

23. Exit Clause in this contract shall be as follows:-

A. Normal termination:-
The contract will deem to be terminated on the last date as given in the
agreement provided the extension or renewal is approved by the competent
authority on or before the last date and communicated to the party in writing
and duly accepted. The liability of the party will continue to be payable along
with the delayed interest (at the rate mentioned in the contract) till the same
is settled. The contractor cannot claim the dues to be time barred or ultra

Page 28
 vires even if after the contract is deemed to have terminated by operation of
this clause.

B. Termination for cause:-

If the party or AAI has invoked the internal dispute resolution clause(as per
which the dispute referred to the DRC is to be completed within a period of
45 days) and the same remains unresolved after the specified time period, it
will be deemed that the notice period for the termination has commenced
from the next date within which the dispute should have been resolved. No
extra notice need be served by either party and the contract will terminate
after the expiry of the notice period. If such termination happens to fall within
50% of the contract period then the party is liable to pay AAI the value of
license fee equal to the amount of current license fee for the six (6) months as
demurrage charges. The agreement should also provide for invocation of
arbitration clause only after the internal dispute mechanism has been
exhausted. However, the notice for termination will deem to have commenced
irrespective of the arbitration proceedings.

C. Termination for convenience:-

Either party, AAI on one part and the contractor on the other party can serve
the notice for termination by giving the requisite notice period. The notice by
AAI to be served only after obtaining the approval of the acceptance authority.
Similarly, the notice given by the party should be approved by the acceptance
authority. However, the date on which notice was received at AAI will be the
commencement of the notice period and the administrative time required for
the approval will not be added. If the concession/license has been terminated
within 50% of the license period or the party has not served the requisite
notice of 60 days, for surrender of license/concession after completion of
50% licence period, then the Security Deposit equivalent to current license
fee/MMG shall be forfeited as demurrage charges, as per the details below:
Security deposit equivalent to current license
If termination fee/MMG to be forfeited (in months)
S. No. of concession/ For contract For contract For contract
license occurs period of more period of 1-3 period of less
than 3 years years than 1 year
Before 50 % of
(i) 6 4 2
contract period
between 50% to
(ii) 4 3 2
75%
between 75% to
(iii) 2 2 1
100%

NOTE: If the licensee does not operate the license upto 50% of the contract
period then the party is liable to be debarred for one year from the date of
issuance of orders.

Page 29
 D. Termination for regulatory / legislative or supervisory requirements: If any
provision of law or legislation of India makes it mandatory to stop / prohibits
the continuation of any contract at any particular location or otherwise then it
will deemed to be closed from the date of such enactment.

24. No compensation is payable by AAI. Exponential penalty on licensees @ double the

licence fee per month in the form of damage charge can be imposed on licensees
unauthorized occupying the premises after expiry of contract period.

25. In the event of any default, failure, negligence or breach, in the opinion of the
Authority on the part of the Licensee in complying with all or any of the conditions of
the license agreement, the Authority will be entitled and be at liberty to determine
the license forthwith and resume possession of the premises without payment of any
compensation or damages and also forfeit in full or in part the amount deposited by
the Licensee for due performance of Agreement.

26. Acceptance of award letter and NIT conditions shall form part and parcel of the
license agreement.

27. The Authority and the Licensee further agree that they are bound by the General
Terms & Conditions, Special Terms and Conditions, Concession Layout, Schedule of
Premises, found in Appendix „1, 2, 3 & 4 respectively annexed hereto.

28. The licensee, if required has to park the vehicle in the Airport parking area and pay
parking charges to the car parking licensee directly.

Signed by Airport Director, Airports Authority Of India,

Airport, for and on behalf of The Airports Authority Of India, in the
presence of:
WITNESS:
1.
2.

Signed by for and on behalf of

in The presence of:
Witness:
1.
2.

Page 30
 APPENDIX: 1 of Annexure-A of Annexure-V

GENERAL TERMS AND CONDITIONS.

The Authority hereby covenants with the licensee as follows:

(1) The Licensee, his servants and agents shall be entitled to use all ways, paths and passages as
may from times to time be maintained on the said airport ground subject to such rules and
regulations as may be imposed by the lawful authorities of the airport ground.

(2) The Licensee paying the licence fee and performing the covenants herein contained and, on
his part, to be performed shall and may peacefully possess and enjoy the premises with the
use of the ways, paths and passages as aforesaid during the said term without any lawful
interruption from or by the Authority or any person claiming under the Authority.

(3) Any notice required to be served on the licensee under this agreement shall be deemed to
have been served if delivered at or sent by registered post to his last known address or to his
authorized representative or agent. Similarly, any notice to be given to the Authority under
this agreement shall be deemed to have been served if delivered at or sent by registered post
to the Authority.

a. The period of notice given under this Agreement will count from the date of receipt of
notice by either side.

(4) Subject as herein before otherwise provided, all notices to be given on behalf of the Authority
and all other actions to be taken on behalf of the Authority, may be given or taken on behalf
of the Authority by the Airport Director of the Airport or by any other officer for the time
being authorized by or entrusted with the functions, duties and powers of the said Airport
Director, in respect of the Airport under his charge.

(5) (a) The Licensee shall not, unless with the written consent of the Authority, create a
subcontract of any description with regard to this license or any part thereof, nor shall be
without such written consent as aforesaid, assign or transfer his license or any part thereof.

(b) The Licensee shall use the premises only for the purpose indicated in this agreement and
for no other purpose whatsoever.

(6) The Licensee his agents and servants shall observe, perform and comply with all rules and
regulations of the shop and Establishment Act, Factories Act, Industrial Disputes Act,
Minimum Wages Act and the provisions of any statutory law applicable to the licensee
including any rules and regulations made by the Authority, Civil Aviation Department or any
other Department of government and or local body or Administration in force from time to
time and to the business which the licensee is allowed to carry on under this agreement and
to the area in which the said premises are located.

(7) (a) The Licensee shall indemnify the Authority from/against any claims made or damages
suffered by the Authority by reason of any default on the part of the licensee in the due
observance and performance of the provisions of any law which may be related to the
purpose of this agreement and to the area in which premises are located.

(b) The Authority shall not be responsible in any way for loss or damage by any means causes
to the licensee‟s stock or property.

(8) The Licensee shall at his own cost maintain the premises in a proper state of cleanliness and
abide by such directions as may be given by the Authority and such other departments as
may be entrusted by the rules and regulations with the works of inspection and enforcement
about the conditions of sanitation, cleanliness and hygiene. If the premises is not maintained

Page 31
 in reasonably clean condition by the licensee, Airport Director shall have powers to get the
premises cleaned at the risk & cost of the licensee and recover liquidated damages at the rate
of Rs.5,000 /- per day for each default upto 7 days & thereafter Rs10,000/- per day and can
take other actions including termination of the licence.

(9) The licensee shall comply with the requirements of all standard health clauses including
those given below :

a. The Airport Health Officer/ Medical Officer of AAI or persons authorized by them may
without notice, enter the premises any time and inspect the premises, materials,
instruments and implements etc. used by the licensee.

b. All instructions given by the Airport Health Officer/Medical Officer of AAI or any
persons authorized by them in the maintenance of public health of the Airport
including sanitation control prevention of infectious diseases, control and prevention
of nuisance from insects, rodents or any other source shall be carried out by them and
his agent and servants.

c. The licensee shall notify to the Airport Health Officer whenever any person working
under him is suffering or suspected to be suffering or convalescing from any infectious
disease. The Airport Health Officer may medically inspect the said person or any
person who is suspected to have been in contact with the person and take any
precautionary and preventive measures considered necessary.

d. The licensee his agents and servants shall not without consent of the Airport Health
Officer, interfere with injure, destroy or render useless any work executed or any
materials or things placed in, under or upon any land or building by or under the
orders of the Airport Health Office with the object of preventing the breeding or entry
of mosquitoes or maintenance of sanitation.

e. The licensee, his agents and servants shall not abuse the water sources, and drainage
facilities in the airport area so as to create a nuisance or in sanitary situation
prejudicial to public health.

f. In the event of any default, failure, negligence or breach in the opinion of the
Authority, on the part of the licensee in complying with either of these conditions
specified in the foregoing sub-clause (a) to (c), the Authority will be entitled and be at
liberty to determine the licensee forthwith and resume a possession of the premises
without payment of any compensation or damages and forfeit in full or in part the
amount deposited by the licensee for due performance of the agreement.

(10) The licensee shall employ only such servants as shall have good character and as well
behaved and skillful in their business. He shall furnish the Authority in writing with the
names, parentage, age, residence and specimen signature or thumb impression of all
servants whom he proposes to employ for the purpose of this agreement before they are so
employed and the Authority shall be at liberty to forbid the employment of any person whom
it may consider undesirable. The servants employed by him shall be under the general
discipline of the Authority and shall confirm to such directions as may be issued by the
Authority in respect of point or routes of entry to and exit from the premises and in respect
of the use of toilet and wash rooms. He shall also have the character of all persons employed
by him verified by the police to the satisfaction of the Authority, before the employment.

(11) (a) The licensee would be required to install adequate number (as may be determined by
Fire Officer or any other officer of AAI depending upon the area of the licensed premises) of
minimum a 2.5 kg CO2 fire extinguisher in the licensed premises at his cost before
commencement of business.

Page 32
 (b) No wooden partition / inflammable material shall be permitted in the licensed premises.
The material to be used for partition / fabrication of the shop / office premises shall be
as per the specification given by AAI and to be got approved by AAI in advance.

(c) Licensee shall not use a naked light or cause or permit any such light to be used in the
licensed premises.

(12) The licensee shall not damage the premises for any part of the Airport premises and in the
event of any damage being caused to the same intentionally or otherwise, by the licensee, or
his employees or invitees or customers, the Authority shall be entitled to repair the damage
or make the requisite replacement and call upon the licensee to replacement and call upon
the licensee to reimburse cost thereof which the licensee undertakes to pay forthwith on
demand.

(13) The licensee shall not store or bring or keep in the premises heavy articles so as to injure or
damage the premises or keep goods of combustible or inflammable nature unless required
for executing the licence.

(14) (a)The licensee shall not use electrical heater, toaster and other allied appliances in the
premises for preparation of tea, coffee and for heating of food etc. unless specifically
provided under the agreement to perform contractual obligations.

(b) The licensee hereby agrees to provide necessary training to the employees posted in the
licensed premises for handling fires extinguisher as provided in the terminal/licensed
premises.

(c) The licensee will, during the continuance of this licence insure against any claim for
workmen‟ s compensation or otherwise of all persons employed by him in connection with
his business to be carried on as aforesaid with such insurance company as the Authority
shall approve of and shall produce for inspection on demand by the Authority all policies in
respect thereof and the receipts from time to time for current premium.

(15) In the case of such breach of the terms of this licence as minor offences and complaints
coming to its notice for which in the opinion of the Authority this agreement need not be
terminated, the Authority may at its desecration recover compensation from the licensee up
to the limit of the Security deposit of the licensee. The decision of the Authority in this
respect will be final and binding on the licensee.

(16) The licensee shall not hold or permit to be held any public or private auction in the licensed
premises.

(17) The Licensee shall sell articles in the premises at prices which shall be marked on the articles
or on tags attached thereto and it shall not be in excess of the retail prices/fair prices fixed by
the manufacturers or Government or any other local authority whichever is lower or
controlled price in case such case controlled price has been fixed by any authority and in all
other cases, not exceeding the reasonable market rates for similar goods. The Authority can
after giving reasonable opportunity to the Licensee to show cause, itself fix the price of any
article or articles, if, in its opinion, the prices charged are unreasonable or exorbitant and
thereupon the Licensee shall sell only at the price so fixed by the Authority and he/she shall
also be liable to refund to any customers any amount in excess paid by such customer for any
articles in excess of the price so fixed.

(18) It shall be obligatory for the licensee to keep in stock and in case they are intended for
distribution, distribute the same and display, literature, produced and released by the
Publications Division of Government of India and/or Tourism Department of the Central
Government or of the State Government within whose jurisdiction the Airport is situated on
such terms and conditions as may be fixed by the said Publications Divisions or said Tourist
Department.

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(19) The licensee shall not stock, sell, display, exhibit for sale any books, magazines, newspapers
or periodicals, statues, idols or other articles which are repugnant to morals or indecent and
immoral, improper or otherwise objectionable in character, it being expressly agreed that
the decision of the Authority shall be conclusive in this behalf and absolutely binding on the
licensee and shall not be subject to any dispute or review. Apart from any other legal /
disciplinary action, the licensee shall immediately remove such book, journal or articles from
premises, if, as decided by the Authority it is objectionable in any manner to keep, exhibit or
sell the same.

(20) The licensee shall maintain a complaint book in a prominent place in the premises and in
such a way that it is easily accessible to any person who wishes to record any complaint and
the said book shall be open for inspection fortnightly by the Airport Director of the Authority
or his authorized representative.

(21) If because of any strike or lock-out in the Airport or in any airline, the licensee is unable to
function or his business is affected, the Authority shall not be liable for any loss which the
licensee may suffer in such an event. However, rebate in the licence fee due to ban on visitor
entry at the airport and due to natural calamities and due to declaration of the closure of the
airport for total operation shall be granted as per the merit of the case and policy laid down
by AAI from time to time.

(22) In the event of the Licensee being prohibited from selling one or more articles in the
premises because of Government Laws/Rules/Regulations/Orders, the Authority shall not
be liable for any loss suffered by the Licensee in such an event the Licensee shall not be
entitled to any reduction in the fees payable to the Authority or permission for sale of
additional items.

(23) The Licensee shall deposit duplicate keys of the premises with the Authority whenever the
Airport Director Demands and permit the Authority to make use of the keys during the
emergency. The licensee shall not remove or replace the lock on the outer door or change the
locking device on the said outer door of the shop.

(24) The Authority do not recognize any Association of the Traders and in case any negotiation /
bargain necessary with regard to the clarification of the terms and conditions of the licence
or modification thereof such negotiations should be sought by the licensee alone and no
collective representation / bargaining will be entertained.

(25) On expiry of the licence period or on termination of the licence by the Airport Authority on
account of any breach on the part of the licensee, the licensee shall deliver the possession of
the premises in good condition and in peaceful manner along with furniture, fittings,
equipment and installations, if any, provided by the Authority. Further, licensee shall
remove his / their goods and other materials from the premises immediately, failing which
Authority reserve its right to remove such goods / materials at the cost & risk of the Licensee
and demand payment for such removal. If such payment is not made within 10 days,
Authority shall be at liberty to dispose off the goods / materials of the Licensee by public
auction to recover the cost. The licensee shall not be entitled to raise any objection in such
an eventuality.

After the contract expires, the concessionaire shall stop business and shall be given a
maximum of 07 days to vacate the premises (after settlement of dues). The onus of clearing
all the dues and vacating the premises within 07 days lies on the licensee. If the agency fails
to vacate the premises within 07 days of expiry of contract, twice of normal notified space
rent of that area shall be charged from date of expiry to the date of vacation.

If agency fails to vacate even after 15 days, the agency ceases to claim any ownership of the
un-cleared materials. AAI shall make arrangements to remove the leftovers and charge the
costs incurred to the agency/adjusted from available SD along with outstanding dues if any.
Taking over document has to be signed after clearance of premises by the concessionaire.

Page 34
(26) The licence herewith granted shall not be construed in any way as giving or creating any
other right or interest in the said space / building(s)/ land/ garden/ tank/ premises to or in
favour of the licensee but shall be construed to be only as a licence in terms and conditions
herein contained.

(27) The Authority, its servants and agents shall at all times have the absolute right of entry into
the said premises.

(28) The provision of the Airports Authority of India Act, 1994 as amended by Act 2003 and the
rules framed there under (Chapter VA – Eviction of Unauthorized Occupants etc. of Airport
Premises) which are now in force or which may hereafter come in force shall be applicable
for all matters provided in the said Act.

(29) All disputes and differences arising out of or in any way touching or concerning this
Agreement (except those the decision whereof is otherwise herein before expressly provided
for or to which the AAI ACT, 1994 and the rules framed there-under which are now enforce
or which may here-after come into force are applicable), shall, in the first instance, be
referred to a Dispute Resolution Committee (DRC) setup at the airports, for which a written
application should be obtained from the party and the points clearly spelt out. In case the
dispute is not resolved within 45 days of reference, then the case shall be referred to the sole
arbitration of a person to be appointed by the Chairman / Member/ RED of the Authority.
The award of the arbitrator so appointed shall be final and binding on the parties. The
Arbitration & Conciliation Act 1996 as amended up to date shall be applicable. Once the
arbitration clause has been invoked, the DRC process will cease to be operative. It will be no
bar that the Arbitrator appointed as aforesaid is or has been an employee of the Authority
and the appointment of the Arbitrator will not be challenged or be open to question in any
Court of Law, on this account.

Before making a reference to Dispute Resolution Committee, the licensee will have to first
deposit the disputed amount (in the form of BG/DD/PO/NEFT) with AAI and the consent
shall be given by the licensee for acceptance of the recommendations of the Dispute
Resolution Committee.

The case shall be referred to the sole Arbitrator by the Chairman/Member/ RED of the
Authority, subject to the condition that the licensee shall have to deposit the disputed
amount (in the form of BG/ DD/PO/ RTGS/ NEFT) with AAI as condition precedent before
making reference to the Arbitration for adjudication of dispute.

During the arbitral and Dispute resolution proceedings, the licensee(s) shall continue to pay
the full amount of license fee/dues regularly as per the award/agreement and perform all
covenants of the agreements.

(30) It would be the responsibility of the licencee to obtain all necessary security clearance from
BCAS/any other regulatory agency as required.

(31) In case of any dispute where legal action is compelled to be initiated by any of the party,
jurisdiction of the court shall be the city / town / district where the airport is located.

(32) The licensee, if required has to park the vehicle in the Airport parking area and pay
parking charges to the car parking licensee directly.

(33) Applicability of parking Fee :- In addition to quoted MMG, Licensee has to pay parking fee
to the parking contractor, as per the terms and conditions of prevailing Car parking license
at the respective airport, i.e. no exemption from parking etc.

(SIGNATURE OF LICENSEE)

Page 35
SERVICE LEVEL TERMS & CONDITIONS FOR CAB AGGREGATOR SERVICE

1. Licensee shall be having following security feature:-

i. Location sharing facility with minimum 02 individuals.
ii. SOS feature in App.
iii. Either a web or a phone application or call center based real time customer
support and grievance redressal mechanism having an operational
telephone number or an email address of a grievance redressal officer.

2. Licensee shall be facilitated by AAI to carry out operation of pick-up passengers

from designated pickup points / parking area.

3. Licensee shall be entitled to use licensed parking space located within the
airport as per terms & conditions of Car parking license.

4. Licensee will be provided with designated pick-up zones, on the city side of the
arrivals terminals, to accommodate --------- number of cabs as per terms &
conditions of NIT.
5. Licensee will be provided with designated space for “Service & Facilitation
Counters” (One inside terminal building and one outside the terminal building
at pick-up point) of the arrivals terminals.

6. AAI shall provide directional and pick up/parking area signage for the License.

7. Licensee shall have minimum 100 nos of cabs registered with Aggregator
platform within one month from the date of commencement of license in that
particular city.

8. Licensee shall ensure that all pick-ups must take place only at the designated
pick-up points deploy required manpower for counting the pick-ups at Exit
gate.

9. Licensee has to pay parking fee to the parking contractor, as per the terms &
conditions of prevailing Car parking license at the respective airport, i.e. no
exemption from parking fee.

10. Licensee shall not engage in any business at AIRPORT other than in the
exercise of the rights and privileges herein granted unless otherwise granted by
AIRPORT in writing.

11. Licensee shall not indulge in any type of soliciting for taxi service at Airport
other than the operations model which is detailed in this license.

12. Licensee shall take necessary stringent actions to prevent its

drivers/subscribers/partners from picking up passengers/customers from areas
other than designated boarding area.
36 | P a g e
13. No taxicab will be permitted to be utilized as a personal pick up vehicle. All
taxicab pick-ups will be considered a commercial transaction and will be
charged a fee as specified in the license.

14. Licensee will submit details of aggregated pick-ups to AAI on monthly basis on
mutually agreed date, failing which Rs. 1000/- per day for every excess day
shall be charged as penalty and billings will be done monthly.

15. In the event, unsatisfied with monthly reports submitted by the licensee, AAI
shall , with prior intimation of seven days, visit designated licensee locations
where AAI or through its authorized third party will be taken through relevant
information related to AAI pick-ups, subject to confidentiality obligations.

16. The services provided by the operator will be in a professional manner and in
accordance with the policy applicable within the country and the agency shall
exercise reasonable diligence and professional skills and care in the
performance of services and obligations under the agreement.
17. Licensee shall ensure that its associated drivers are well behaved with the
customers/passengers.

18. Licensee shall ensure that all vehicles/ drivers comply with Motor Vehicle Act
1988, as amended from time to time, provisions and relevant directives of
R.T.O/ Transport Commissioner especially valid commercial driving license/
Registration certificate of vehicles/Insurance as per vehicle capacity and other
applicable law.

19. Licensee shall ensure to fulfill all the applicable guidelines/provisions

prescribed under Information Act, 2000 (IT Act) and further amendments from
time to time.

20. If any complaints is received by AAI from any passenger on any Cab/services
utilized for Airport pick-up , it must be shared with AAI by the licensee as and
when required by AAI along with action taken report addressed within fifteen
working days failing which, Rs. 1000/- per day for every excess day shall be
charged as penalty.

21. The services provided by the agency / operator are on a non-exclusive basis.

22. The licensee will keep AAI indemnified against any claim from Vehicle owner,
driver, passenger and third party for any loss suffered arising out of any breach
of Letter of award / agreement, applicable laws and its obligation related to the
same under the LAW.

23. Licensee shall protect, indemnify, and save harmless airport, and/ or its
employees from any damage or penalty suffered, imposed, or incurred by
reason of the violation, disregard, or breach of any applicable law, order, or
37 | P a g e
 regulation, or by reason of any act or neglect, or omission of Licensee, or by
employee of the licensee in relation to the premises.

24. In case any of state government formulates law or an act regulating aggregator
taxi /Application based taxi, the licensee shall obtain such permit / license and
shall submit copy to AAI within 30 days of the receipt of permit / license.

25. Licensee shall comply, at its own cost and expense, with all Central , State and
Local laws now or hereafter in force, which may be applicable to the operation
of its business, shall obtain and pay for all necessary licenses and permits; and
shall pay all fees and charges assessed under all applicable laws and rules.

26. Licensee undertakes to deploy sufficient manpower to ensure 24X7 unhindered

and smooth operations of their activities from Airport without anyway
hampering passenger movement, usage of parking area & other facilities.
27. Licensee shall observe and comply with all rules and regulations which may
from time to time during the term of this Agreement be promulgated by AAI for
the safety and security, care, operation, maintenance and protection of the
Airport and all laws and rules and regulations applicable to the operation of
Licensee business operations.

28. AAI shall strictly enforce its rules and regulations, including but not limited to
the restrictions upon the solicitation of passengers and use of the commercial
lane and staging areas, to prevent encroachment upon and /or unfair
competition with the rights and privileges granted to Licensee under this
license.

29. The concessionaire shall maintain a suggestion / complaint system on its app
which shall be used at all times for marking any feedback / suggestion /
complaints in relation to the services.

30. Licensee shall strictly comply & take necessary steps to prohibit its drivers /
employees from using the Airport premises for following purpose:
a. Union gathering, illegal assembling and meetings, giving public speeches,
or instigating other drivers for disruption of services;
b. Distributing leaflets, brochures, pamphlets or any other written or printed
material pertaining to labour issues, Union issues or else;

31. Licensee shall not at any time, assign or transfer this license or any part hereof,
or any right, power, or privilege hereunder granted.

32. In the event of any violation of above clauses by or on behalf of Licensee, or in

the case that AAI considers any conduct on the part of Licensee, its agent, or
employees, or of any person or occupant for the time being of the premises, to
be objectionable or improper, AAI shall have the right to terminate this license
in accordance with the provisions, subject to notice to Licensee. AAI may at its
38 | P a g e
 option grant Licensee a reasonable opportunity to cure, if deemed fit & proper
on a case to case basis.

33. Any Additional features for new services as proposed by the Cab aggregator
service provider has to be mutually agreed to by AAI.

34. Compliance of RTO regulations, Motor Vehicle Act & all other regulations shall
be the domain of the licensee & AAI shall be indemnified by the licensee from
such obligation.

******

39 | P a g e
 APPENDIX: 3 of Annexure-A of Annexure-V

CONCESSION AREA LAYOUT

40 | P a g e
 APPENDIX: 4 of Annexure-A of Annexure-V

SCHEDULE OF PREMISES

APPLICATION BASED CAB AGGREGATOR SERVICE AT SWAMI VIVEKANANDA AIRPORT

RAIPUR

1. AREA ALLOTTED : 6 Sqmt. Inside NITB + 4 Sqmt outside NITB for

pick-up point.
2. LOCATION : NITB

3. PURPOSE : Application Based Cab Aggregator Service.

SIGNATURE OF THE LICENSEE

41 | P a g e
 ANNEXURE: B

POWER OF ATTORNEY FOR SIGNING OF PROPOSAL

(To be executed on non-judicial Stamp paper of Rs 100/- or as per applicable State

Laws and duly notarised)

Know all men by these presents, we…………………………………………….. (name of the firm and
address of the registered office) do hereby irrevocably constitute, nominate, appoint and
authorize Sh/ Smt. (name), …………………… son/daughter/wife of
………………………………aged …………….years and presently residing at …………………., who is
presently employed with us/ the Lead Member of our Consortium and holding the position
of ……………………………. , as our true and lawful attorney (hereinafter referred to as the
“Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are
necessary or required in connection with or incidental to submission of our Proposal for
pre-qualification and submission of our Bid for the ……….[NAME OF LICENSE] facility
at……………….Airport, …………………., India (the “Concession”) proposed by AAI including
but not limited to signing and submission of all Proposals, Bids and other documents and
writings, participate in Pre-Proposals and other conferences and providing information/
responses to the AAI, representing us in all matters before the AAI, signing and execution
of all contracts including the Concession Agreement and undertakings consequent to
acceptance of our Financial Proposal, and generally dealing with the AAI in all matters in
connection with or relating to or arising out of our Financial Proposal for the said
Concession and/ or upon award thereof to us and/or till the entering into of the Concession
Agreement with the AAI.
AND we hereby undertake and agree to ratify and confirm and do hereby ratify and confirm
all acts, deeds and things done or caused to be done by our said Attorney pursuant to and in
exercise of the powers conferred by this Power of Attorney and that all acts, deeds and
things done by our said Attorney in exercise of the powers hereby conferred shall and shall
always be deemed to have been done by us.

IN WITNESS WHEREOF WE… THE ABOVE NAMED PRINCIPAL HAVE EXECUTED

THIS POWER OF ATTORNEY ON THIS ……… DAY OF …………. 2…..

Witnesses: 1. For ………………………..

(Signature, name, designation and address)

2.

Accepted
(Notarised)
……………………………
(Signature)

(Name, Title and Address of the

Attorney)

42 | P a g e
Notes:

 The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executants (s) and when it is so required, the same should be under common seal
affixed in accordance with the required procedure.
 Wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders’ resolution/ power of
attorney in favour of the person executing this Power of Attorney for the delegation of
power hereunder on behalf of the Bidder.

 For a Power of Attorney executed and issued overseas, the document will also have to
be legalised by the Indian Embassy and notarised in the jurisdiction where the Power
of Attorney is being issued. However, the Power of Attorney provided by Bidders from
countries that have signed the Hague Legalization Convention 1961 are not required to
be legalised by the Indian Embassy if it carries a conforming Apostille certificate.

Page 43
 ANNEXURE: C

ACCEPTANCE LETTER
(To be submitted in applicant letter head)
To, Date:

Airport Director,
Airports Authority of India
Raipur Airport

Subject: Acceptance of AAI‟s Tender Conditions

Sir,

The tender documents for the “ Application Based CAB Aggregator (ABCA) Services” at Raipur.

Airport has been provided to me/us by Airports Authority of India and:

1. I/We hereby certify that I/We have inspected the sites and read the entire terms
and conditions of the tender documents made available to me/us. Which shall
forms part of the contract agreement and I/We shall abide by the
conditions/Clauses contained therein.

2. We are enclosing and submitting here with our original Proposal, along with the
information and documents as per the requirements of the Tender Document, for
your evaluation and consideration.

3. I/We hereby unconditionally accept the tender conditions of AAI‟ s tender

documents in its entirety for the above facility.

4. The contents of Clause 5 of Notice inviting Tender of the Tender Documents have
been noted wherein it is clarified that AAI reserves the rights to reject the
conditional tenders without assigning any reason thereto.

5. I/ We hereby undertake that, all information provided in the Proposal and in its
Appendices is true and correct.

6. I/We shall make available to AAI any additional information it may find necessary
or require to clarify, supplement or authenticate the Proposal within such time as
may be prescribed by AAI.

7. I/We acknowledge the right of AAI to reject our Proposal without assigning any
reason or otherwise and hereby waive our right to challenge the same on any
account whatsoever.

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8. I/We certify that I/we or any of my/our constituents or my/our predecessor entity
have neither failed to perform on any contract, as evidenced by imposition of a
penalty or a judicial pronouncement or arbitration award, nor been expelled from
any contract nor have had any contract terminated for breach on our partnor have
I/ we or any of my/our constituents or my/our predecessor entity defaulted in
complying with any statutory requirements.

9. I/ We hereby declare that:

a. I / We have examined and have no reservations to the Tender Document,
including the Addendum (if any) issued by AAI.
b. I /We have not directly or indirectly or through any agent engaged or
indulged in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice, as defined in Clause 9 of the
Tender Document, in respect of any tender or request for proposal issued
by or any agreement entered into with AAI or any other public sector
enterprise or any government, Central or State; and
c. I / We hereby certify that I / we have taken steps to ensure that, in
conformity with the provisions of Clauses 9 of the RFP Document, no
person acting for us or on our behalf has engaged or will engage in any
corrupt practice, fraudulent practice, coercive practice, undesirable practice
or restrictive practice.
d. I/ We do not have any conflict of interest in accordance with Clause 10 of
the Tender Document.

10. I/We declare that we satisfy and meet the requirements as specified in the Tender
Document and eligible to submit a Proposal in accordance with the terms of this
Tender Document.

11. I / We hereby irrevocably waive any right which we may have at any stage at law or
howsoever otherwise arising or accruing to challenge or question any decision
taken by AAI in connection with the selection of the Applicant, or in connection
with the tender process itself, in respect of the award of above mentioned
concession and the terms and implementation thereof.
12. I / We understand that, except to the extent as expressly set forth in the
Agreement, I/we shall have no claim, right or title arising out of any documents or
information provided to us by AAI or in respect of any matter arising out of or
concerning or relating to the Empanelment process including the award of work.

13. I / We confirm having submitted the Tender Processing Fee of Rs 25,000

(Rupees. Twenty Five Thousand Only) to AAI in accordance with the Tender
Document. The copy of payment receipt is attached.

14. I / We confirm having submitted the EMD of Rs 4,40,650 (Rupees. Four

Lakh Forty Thousand Six Hundred Fifty Only) to AAI in accordance with
the Tender Document. The copy of payment receipt is attached.

Page 45
 15. I / We agree and understand that the Proposal is subject to the provisions of the
Tender Documents. In no case, I / We shall have any claim or right of whatsoever
nature if the contract is not awarded to me / us or our Proposal is not opened.

16. I / We agree and undertake to abide by all the terms and conditions of the Tender
Document.

Dated this ……………………..Day of …………………., 20 .

Name & Address of the Applicant:

Name, Signature & Seal of the

Authorized Representative

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 ANNEXURE: D

Details of Bidder

1. Details of Bidder/Lead Member

(a) Name:
(b) Country of Incorporation:
(c) Address of the corporate headquarters and
its branch office(s), if any, in India:
(d) Date & Details of incorporation and/or
commencement of business:
2 Brief description of the Company
including details of its main lines of
business and proposed role and
responsibilities in this Concession:
3 Details of individual(s) who will serve
as the point of contact/
communication for the AAI:

(a) Name & Designation

(b) Correspondence Address
(c) Email
(d) Tel / Fax No

4 Particulars of the Authorised

Signatory of the Bidder:

(a) Name & Designation

(b) Correspondence Address
(c) Email
(d) Tel / Fax No

(Signature of Authorized Signatory)

Name: [•]
Designation: [•]

Date:
Seal or Stamp of Bidder

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 ANNEXURE: E

Certificate from Chartered Accountant/Statutory Auditor in respect of Technical

Capacity & Experience

Based on the audited records of the company, this is to certify

that.................................................. (Name of Bidder/Lead Member of Consortium) has an
operating experience of at least (_) years in business and has
presence in the _ in the following locations.

No Location Location Date of

commencement
of Business

We further certify that, based on the audited accounts ... (name of Bidder/ Member of Consortium)
has a turnover from , as per details below.

Financial Turnover (in

Year INR lakh)

Total Rs ...............
lakh

Average annual turnover during the above three financial years from is
INR lakhs.

Signature
Name & Membership No of Chartered Accountant/Statutory Auditor
Seal of the audit firm:
Date

Page 48
 ANNEXURE: F

FORMAT FOR LETTER OF UNDERTAKING

[SELF-DECLARATION OF THE BIDDER THAT THE FURNISHED INFORMATION FOR EXPERIENCE IS TRUE, TO BE
SUBMITTED ON COMPANY LETTER HEAD]

Sir,
I, , on behalf of do hereby affirm and
declare that the information provided for claiming the relevant experience for the bid and
the documents provided is true and correct to the best of my knowledge and belief and
nothing material has been concealed therein.
I understand that concealment of facts and giving false information is a punishable
offence and the agency can be barred and legal action may be taken as per
the relevant provisions of law.

Yours faithfully,

Signature of the licensee

Name
Designation (with seal)

Page 49
 ANNEXURE: G

DECLARATION

I
<
Name, Designation & Company Name with Address>, do hereby solemnly affirm and state
as follows:

1. I/We are having/had the following contracts at Airports/Offices controlled by

Airports Authority of India:
Contract Details Dues
Sr. Airport Facility/ Period of (disputed &
No. Name Contract Security Undisputed)
From To
Deposit
1.
2.

(In case of no contracts in AAI controlled Airports, indicate NIL)

2. I/We are not debarred / blacklisted by CBI or AAI or undertakings/ Departments

like Railways, Defense or any other department of Government of India or State
Government. (In case if you have been debarred / blacklisted, submit all the details).
3. I/We have not faced/are not facing any action under PPE Act with AAI. (In case if
you have faced/are facing action under PPE Act with AAI, submit all the details).
4. I/We have never been ordered by a Court of Law to pay the outstanding dues to AAI
at any of the airports (In case if you have been ordered by Court of Law, submit all
the details).
5. I/ We declare that none of the Directors/Partners/ Sole Proprietor of our company is
also a Director of any other company or partner of a concern or a Sole Proprietor
having established business with AAI and has dues with AAI”.(In case if you fall
under anyone of the above category, please furnish all such relevant details).
6. I/We do not have any conflict of interest as detailed in clause of general terms and
conditions of tender document.
7. I/ We declare that “No raid/seizure/search has been carried out and/or pending by a
Regulatory Authority in respect of the license granted by AAI in any of the Airport
premises either against me and/or any member of the consortium or against our/its
associates or against any of the Directors/Managers/Employees” (In case if
raids/seizure/search conducted, please furnish all such relevant details).

All the facts stated above are true and correct to the best of my knowledge, belief and
information.

Date: Signature with Seal

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 ANNEXURE: H

LIST OF NEAR RELATIVES EMPLOYED IN AIRPORTS AUTHORITY OF INDIA

Sl.No. Name of the Designation Relationship Place of

employee with Posting
tenderer(s)

SIGNATURE OF TENDERER

NB: 1. In case of NIL report, Performa must filled with NIL report and submitted duly
signed by the Authorized Signatory.
2. In case the above space is not adequate, the details, additional sheets duly signed
by Authorized signatory may be attached.

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 ANNEXURE: I

FORMAT OF OUTSTANDING DUES/ NO DUES CERTIFICATE

1. Name of Contract :

2. Agreement No. :

3. Stipulated Date of Start of Contract :

4. Actual Date of Start :

5. Date of Completion / Termination :

6. Amount of SD available with validity period

7. Amount of Outstanding Dues upto mm/dd/20............... (Disputed and un-disputed

amounts to be shown separately

Item Disputed Un-disputed Remarks

Amount (Rs) Amount (Rs.)
Licence Fee
Space Rent
Utility Charges
Interest
Any other item

Total

8. Details of any arbitration/litigation

Signature of Airport Director

Name: [•]
Designation: [•]
…………….. Airport

Note: A separate certificate has to be produced in respect of each contract

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 ANNEXURE: J

For Refund of EMD, following is to be submitted by the bidders / tenderers: BENEFICIARY DETAILS FOR

RTGS FUNDS TRANSFER

Sr. No. Particulars Information Required

1. Name of the Account Holder i.e. Bidder
2. PAN/TAN No. of the Party i.e. Bidder
3. Name of the Bank

4. Address of the Bank

5. Bank Account No.

6. Type of the Bank Account
7. MICR Code of the Bank
8. IFSC Code of the Bank

Note:‐ In addition to above scanned copy of cancelled cheque may please be provided.

(Beneficiary’s i.e. Bidder’s Name & Signature)

Place:

Date:

Page 53
 ANNEXURE: K

FORM OF BANK GUARANTEE

(To be executed on Non-Judicial Stamp Paper of Rs.100/-

by the successful tenderer)

WHEREAS by a License Agreement dated made between

AIRPORTS AUTHORITY OF INDIA, the Licensor (hereinafter called “the AUTHORITY) of
the one part and
(hereinafter
referred to as “the Licensee”) of the other part, the Authority has granted to the Licensee
the license for operating the (complete
name and place of work) and the License Fee and Royalty and other charges and for the due
and performance of the covenants and conditions as stated or contained in the said License
Agreement.

1. Now therefore in consideration of the promises aforesaid and the at the request of
the licensee we, do, hereby irrevocably and
unconditionally undertake to pay to you, the Authority on demand and without
demur or protest and without reference to the Licensee, any sums of money at any
time or from time to time demanded by the Authority on account of the License Fee
and Royalty and other charges due from the Licensee (inclusive of any costs or
expenses and interest) and or by way of losses and damages caused or that would be
caused to the Authority by reason of any breach by the Licensee of any of the terms
or conditions of the said License Agreement and AAI shall we sole judge for this
demand: PROVIDED that our liability under this Guarantee shall be limited to a sum
of (Rupees………………………/USD………..……..) and extended for the amount
increased from time to time as aforesaid.

2. Notwithstanding any right the Licensee may have against the Authority or any
dispute raised by the Licensee or any suit or proceedings pending in any Court
/Tribunal/ any statutory authorities relating thereto or before any Arbitrator(s), your
written demand stating that the amount is due to the Authority as stated herein
above shall be conclusive evidence to us that the amount demanded by you, the
Authority is payable under the terms of the said License Agreement without any
consent or knowledge of the licensee.

3. We shall not be discharged or released from the aforesaid undertaking and guarantee
by any variation(s) or any of the terms & conditions of the said License Agreement
made between the Authority and the Licensee and or any act of omission on part of
AAI or any indulgence to the Licensee by the Authority or any forbearance whether
as to payment, time performance or otherwise or to enforce any of the terms and
conditions of the said License Agreement without our consent and knowledge.

Page 54
 4. This Guarantee shall be a continuing guarantee and binding on us and our
successors and assignee(s) and shall not be discharged or affected by any change in
the constitution of or that of the Licensee or the Authority.

5. We further confirm that the Guarantee has been issued with due observance and
compliance of the appropriate Exchange Control laws and Foreign Exchange
Regulations and applicable laws as in force in India.
6. This Guarantee shall be valid till and you have the right to
encash this Guarantee up to from the said date unless extended on
demand by AAI.

NOTWITHSTANDING anything contained herein:

i. Our liability under this Guarantee shall be limited to a sum of
during the currency of the contract and 3 months
thereafter.
ii. This bank guarantee shall be valid up to and you have the right
to encash this guarantee up to 90 days from the said date.
iii. We are liable to pay the guarantee amount or any part thereof under this bank
guarantee amount or any part thereof under this bank guarantee only and if you
serve upon as a written claim or demand on or before .

For Bank name

Dated:

Place:

Witnesses:

Page 55
 ANNEXURE: L

For Successful bidder only

(Letter of understanding from the Depositor to be submitted along with Bank Guarantee
to AAI)

The Branch Manager,

………………………. Bank,
……………………………..

Sub: My/Our bank Guarantee No. ………………………dated……………..for Rs……………..Issued

in favour of s AAI A/c N0………..
Sir,

The subject Bank Guarantee is obtained from your branch for the purpose of
Security/Earnest money on account of contract awarded/to be awarded by M/s Airports
Authority of India to me/us.

I hereby authorize the AAI in whose favour the deposit is made to encash / close the
subject bank guarantee before maturity/on maturity towards adjustment of dues without
any reference/consent/notice from me/our side and the bank is fully discharged by making
the payment to Airports Authority of India.

Signature of the Depositor

Place:

Date:

Page 56
 ANNEXURE: M

CHECKLIST FOR BIDDERS

S.No. Particulars Detail

1. Type of Facility / Concession
2. Period of license/ concession
3. Tender Fee
4. AAI Bank Details for Tender Fee/EMD
5. Beneficiary name:
Bank Name:
Bank Address:
Account No.:
RTGS Code/ IFSC Code:
6. Earnest Money Deposit
7. Gross area for license
8. Minimum Reserved Licensed Fee/MMG
9. Revenue Share (%)
10. Eligibility Criteria
11. Technical Qualification
12. Financial Qualification
13. Space Rent for AC space
14. Space Rent for Non-AC space
15. Applicable Space Rent
16. Utility Charges
17. Electricity & Water Charges
18. CAM Charges (Master Concessionaire)
19. Applicable Govt. taxes (GST, etc.)
20. Gross Turnover
21. Experience Certificates
22. Incubation Period (Master
Concessionaire)
23. Gestation Period
24. Security Deposit Towards LF Months License Fee
25. Security Deposit Towards EWC Charges
Critical Dates
26. Date of publish of Tender document
27. Start download/sale date of
RFP/RFQ/Tender documents

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S.No. Particulars Detail
28. Last download/sale date of
RFP/RFQ/Tender document
29. Last date of submission of queries to
RFP/RFQ/Tender Document on CPP
portal
30. Reply to the queries by AAI on CPP
portal
31. Last date for online submission of bids/
proposals on e-tender portal
32. Technical Bid Opening date
33. Financial Bid Opening date

Page 58