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REQUEST FOR PROPOSAL (RFP) For Providing the facilities for Hajj
2015 (Subhead: Providing Prefabricated Covered steel Super
structure along with Platform, General lighting, Fans, Carpet &
Signboards, including realignment for Departure and Arrival)
(hereinafter referred to as Work/s) at Kempegowda International
Airport Bengaluru, for the entire period of Hajj pilgrimage for the
year 2015
Name and address of the entity seeking proposal: Bangalore
International Airport Limited. Administration Block, Kempegowda
International Airport Bengaluru Bangalore 560 300 Web:
www.bialairport.com Person responsible for any additional
information and receipt of proposals: DGM Procurement and
Contracts, Bangalore International Airport Limited E-Mail:
e&[email protected]
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DISCLAIMER 1. The information contained in this RFP document or
subsequently provided to the
Bidders, whether verbally or in documentary or any other form by
or on behalf of Bangalore International Airport Limited (BIAL) or
any of its employees or advisers, is provided to the proposers on
the terms and conditions set-out in this RFP, and such other terms
and conditions subject to which, such information is provided.
2. This RFP is neither an agreement, nor, an offer by BIAL to
the prospective Bidders or to
any other person. The purpose of this RFP, is to provide the
Bidders with the information, that may be useful to them, in the
formulation of their Proposal. This RFP includes statements, which
reflect various assumptions and assessments arrived at by BIAL in
relation to the work. Such assumptions, assessments and statements
do not purport to contain all the information, that each Bidder may
require. This RFP may not be appropriate for all the persons, and
it is not possible for BIAL, its employees or advisers to consider
the objectives, technical expertise and particular needs of each
party, who reads or uses this RFP. The assumptions, assessments,
statements and information contained in this RFP, may not be
complete, accurate, adequate or correct. Each Bidder should,
therefore, conduct its own investigations and analysis, and should
check the accuracy, adequacy, correctness, reliability and
completeness of the assumptions, assessments and information
contained in this RFP, and obtain independent advice from
appropriate sources.
3. Information provided in this RFP to the proposers is on a
wide range of matters, some
of which, depends upon interpretation of law. The information
given, is not an exhaustive account of statutory requirements, and
should not be regarded as a complete or authoritative statement of
law. BIAL accepts no responsibility for the accuracy, or otherwise
for any interpretation or opinion on the law expressed herein.
4. BIAL, its employees and advisers make no representation or
warranty, and shall have
no liability to any person including any proposer under any law,
statute, rules or regulations or tort, principles of restitution or
unjust enrichment or otherwise for any loss, damages, cost or
expense which may arise from or be incurred or suffered on account
of anything contained in this RFP or otherwise, including the
accuracy, adequacy, correctness, reliability or completeness of the
RFP and any assessment, assumption, statement or information
contained therein or deemed to form part of this RFP or arising in
any way in this award process.
5. BIAL also accepts no liability of any nature, whether
resulting from negligence or
otherwise, however caused, arising from reliance of any Bidder
upon the statements contained in this RFP. It is the responsibility
of the Bidders to make their own assessments in preparing their
Proposals.
6. BIAL may, in its absolute discretion, but, without being
under any obligation to do so,
update, amend or supplement the information, assessment or
assumption contained in this RFP.
7. The proposer shall bear all its costs associated with or
relating to the preparation and
submission of its Proposal including, but not limited to
preparation, copying, postage, delivery fees, expenses associated
with any demonstration or presentation, which may be required by
BIAL or any other cost incurred in connection with or relating to
its Proposal. All such costs and expenses will remain with the
Bidder, and BIAL shall not be liable in any manner whatsoever, for
the same, or, for any other costs, or, other expense, incurred by
any Bidder, in preparation or submission of the Proposal,
regardless of the conduct or outcome of the selection process.
8. BIAL reserves the right to accept or reject any or all
Proposals; qualify or disqualify
any or all proposers without giving any reason, and is not
obliged to correspond with
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any proposer in this regard. Further, BIAL reserves the right to
relax, change, review, revise or/and cancel the eligibility
criteria and the RFP process, at any time, without prior notice or
without assigning any reason whatsoever. This invitation for RFP
does not give rise to any right in rem, and is not an offer or
invitation to offer.
9. BIAL will not entertain any claim for expenses in relation to
the preparation of any
Proposal pursuant hereto. 10. BIAL at its absolute discretion,
reserves the right, until the closure of the Proposal
submission, to modify any proposed terms and conditions set-out
in the RFP as necessary, including but not limited to
cancelling/withdrawing the RFP, to meet its objectives and
principles as set-out below in this section.
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TABLE OF CONTENT 1.0 Introduction 2.0 Objective
3.0 Instructions to bidders
4.0 Scope
5.0 Evaluation criteria & proposal submission
requirements
6.0 Award of process
7.0 Appendix I: Contract General Terms & conditions
Schedule A: Scope service and Location Schedule B: Contract
Price and Schedule of payments Schedule C: Performance Bank
Guarantee
8.0. Appendix II: Scope of Works 1. Scope of work 2.
Deliverables 3. Schedule of Payments 4. Location description 5.
Layout description 6. Technical details 7. Quality &
Sustainability 8. Drawings 9. Schedule of Quantities
ANNEXTURE A: LETTER OF UNDERTAKING ANNEXTURE B: FIRM/COMPANY
BACKGROUND DETAILS ANNEXTURE C: DOCUMENTS TO BE FURNISHED ANNEXTURE
D: FINANCIAL PROPOSAL ANNEXTURE E: LABOUR COMPLIANCE
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1. INTRODUCTION: 1.1 Kempegowda International Airport,
Bengaluru
Bangalore International Airport Limited (BIAL,), the owner and
operator of the Kempegowda International Airport Bengaluru
(Airport), a company registered under the Companies Act, 1956. The
Airport is built and is being operated with the best international
standards. BIAL is committed to establishing this Airport as one of
Indias leading airports, in terms of quality, efficiency and
services to its passengers and set a benchmark for the future
development of Indian airports. The Airport is currently the third
largest airport in India.
Further information on the upcoming new-and-improved Airport can
be viewed at
www.bengaluruairport.com
2. OBJECTIVE:
BIAL intends and is desirous to provide world class facilities
to the Hajj pilgrims, by installing prefabricated covered steel
super structure along with platform, general lighting, fans, carpet
& signboards, including realignment for departure and arrival
gates in the termporary hajh terminal at the Airport for the entire
period of Hajj pilgrimage for the year 2015 traveling through the
Airport and for achieving this prime objective, BIAL is interested
in receiving proposals from suitably qualified and experienced
contractors/firms/companies for providing and discharging the Works
at the Airport on the terms and conditions contained in this RFP.
The Proposal shall comply with all the standards listed in the
technical specification, drawings, timeline and schedule of
quantities mentioned in the RFP.
3. INSTRUCTIONS TO BIDDERS
The Bidders shall submit a valid and binding Proposal for
providing and discharging the Works at the Airport on or before the
due date of submission. However, the Bidders are requested to
submit a valid and binding financial Proposal for a period of three
(03) years and in the event of extension as mentioned in the RFP,
BIAL will pay only as per the financial proposal submitted by the
successful Bidder.
3.1 BIAL has adopted the following tentative schedule for
submission of the Proposals, selection and award of tender under
this RFP: Description and Tentative Dates:
Sl.No Heading Date
1 Date of uploading the RFP 1th June 2015
2 Site Visit by Bidder, Last date for queries and Pre bid
briefing (With prior appointment)
4th and 5th June 2015
3 Last date for submission of Proposals 12th June 2015
3.2 Due Date
Bidders shall submit the signed and sealed hard copy of the
Proposal (by courier, registered post or by hand delivery) in
writing, during 0900 to 1700 hours Indian Standard Time, on or
before the Due Date i.e, 15th June 2015, to BIAL at the following
address:
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Bangalore International Airport Limited Administration Block,
Kempegowda International Airport, Bengaluru Bangalore 560 300
Attention: DGM- Procurements & Contracts, Bangalore
International Airport Limited. Email: e&[email protected]
Any Proposal submitted by either facsimile transmission or e-mail,
or submitted separately, shall not be acceptable. Any Proposal
received after the due date and time, shall be summarily
rejected.
3.3 Performance Bank Guarantee /Security
In order to ensure the due performance of the successful bidder,
the successful bidder, shall provide a performance bank guarantee,
equivalent to ten (10%) percentage of the total cost of the Works
not later than seven (7) days (excluding Saturdays, Sundays and
public holidays) from the date of award of the Tender. In the event
the Successful bidder fails to furnish the performance bank
guarantee, BIAL will deduct amount equivalent to the performance
bank guarantee from first bills payable to the successful bidder
and the same will be converted as performance security deposit. The
performance bank guarantee or security deposit will be refunded
after One (1) months of removal/dismantling of Works by the
successful bidder. The performance security deposit will not carry
any interest. It is further agreed by the successful biddert that
it will provide a fresh bank guarantee, if the contrct is extended
for the next year.
3.5 Addendum/Corrigendum
3.5.1 At any time prior to the closure of the Proposal
submission date, BIAL for any
reason, shall have the right to modify the RFP by issuing
Addendum/Corrigendum. Any Addendum/Corrigendum issued, shall be a
part of the RFP pursuant to this Clause, and shall be uploaded in
the web, or communicated in writing by email or by fax to all the
Bidders.
3.5.2 In order to afford the Bidders reasonable time to take an
amendment into
account, or for any other reason, BIAL may, at its sole
discretion, extend the due date for submission of the Proposals, in
which case, all rights and obligations of BIAL, and the Bidders
previously subject to the original deadline will thereafter be
subject to the extended deadline.
3.5.3 In the case of issuance of Addendum/Corrigendum, BIAL
shall have the right to
also modify the other dates in relation to this RFP. 3.5.4 In
case, after issuance of Addendum/Corrigendum, the Bidder/s, who
have
already submitted their Proposals, do not resubmit their bids,
but can submit the modification, if so desired by them, in
accordance with the terms and conditions of this RFP, to the extent
of Addendum/Corrigendum, and the same shall be treated as part of
already submitted proposal. However, if the Bidder/s, who has/have
already submitted their Proposals, do not modify their bids,
pursuant to the Addendum/Corrigendum, it shall be deemed that, such
Bidder/s do not intend to modify their Proposals submitted, on the
basis of the Addendum/Corrigendum and the proposal submitted by
such bidder shall be treated as final proposal submitted by
them.
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3.6 In the event that BIAL is required to issue a Corrigendum or
an Addendum to the RFP, all Bidders are required to provide,
additional and/or supplementary information relevant to the
Corrigendum or Addendum in accordance with the corrigendum and
addendum and on the same name submitted along with the original
proposal.
3.7 Proposal Validity Period
The Proposal shall be unconditional, firm and valid for a period
of 60 (Sixty) days from the due date of opening of Proposal. Any
Proposal, which has validity lower than that specified above, shall
be rejected by BIAL as being non-responsive. However, in
exceptional circumstances, if the process of the award of contract
is not completed within the initial Proposal Validity Period of 60
(sixty) days, BIAL may request the Bidders to extend the Proposal
beyond the Proposal Validity Period by an additional period of 30
(thirty) days, and BIAL shall, at least seven days prior to the
expiry of the initial period of 60 (sixty) days, notify the Bidders
accordingly. A bidder may refuse the request without forfeiting his
bid security. A bidder agreeing to the request shall not be
permitted to modify his bid, but shall be required to extend the
validity of his/its bid. All the terms of the bidding shall
continue to be applicable during the extended period of
validity.
3.7 Inspection
The Bidders are advised to visit and inspect the location and
its surroundings, and obtain for itself on its own responsibility
and cost, all information that may be necessary for preparing the
Proposal. Further, it shall be deemed that, the Bidder has
undertaken a visit to the locations, and the Airport and is aware
of the facts, prior to submission of the Proposal.
3.8 Responsibility of Bidders:
3.8.1 The Bidder agrees that, all information pertaining to
BIALs business and other information by BIAL are confidential
information of BIAL. The same shall be kept confidential and shall
not be disclosed to any third party without the prior written
approval of BIAL.
3.8.2 This RFP has been designed so that the Bidders can follow
a step-by-step
process from Proposal preparation, to submission, to evaluation
and award. Each Bidder shall conduct its own investigations and
analysis;, examine the accuracy, reliability and completeness of
the information provided in this RFP.
3.8.3 The Bidder shall examine and understand the RFP document
and verify their
completeness. In the event that, there is any page or document
obviously missing, or, erroneously inserted in the document
supplied, the bidder shall apply to BIAL to have such discrepancy
rectified well before the RFP closing date.
3.8.4 The Bidder shall make all relevant investigations in
relation to the performance of its obligations pursuant to the
bidders right.
3.8.5 The Bidder shall obtain and verify any and all information
required by it, for the
purpose of completing the RFP, prior to submitting the proposal.
3.9 Other Conditions
All Bidders have been, and will continue to be provided, with
the same background information, supplementary information and any
Corrigendum or Addendum to the RFP.
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3.10 Terms and conditions The successful bidder shall enter into
a definitive Agreement within the timeline as mentioned in the
Letters of Intent and the agreement format is attached hereto as
APPENDIX I. BIAL will make the payment to the successful bidder as
per the payment schedule mentioned in Schedule B of the agreement
format and BIAL will make the payment only for actual items used
for the construction of temporary Hajj terminal and only for the
period mentioned in clause 4.1.1.
4. SCOPE
successful bidders Scope of Works
The successful bidder shall perform, discharge and complete the
Works as per the plan/Drawing, timeline and technical specification
as detailed out in APPENDIX II (Scope).
4.1 Obligation of the successful bidder The successful bidder
shall:
4.1.1 Complete the Works in a professional manner as detailed in
the Scope of work and within the time line mentioned this
document;
4.1.2 comply with all the applicable laws relating to labour as
mentioned in Annexure
E; 4.1.3 comply with all /rules/other guidelines, applicable law
related to aviation,
safety enactments guidelines etc.; 4.1.4 Comply with the
applicable law relating to aviation and environment; 4.1.5 be
liable for any damages to property or personal injuries, which are
a result
due to the gross negligence and misconduct of the employees of
it; 4.1.6 complete the Work and hand over the temporary Hajj
terminal building on or
before 16th August, 2015 and shall maintain the same till 15th
November 2015 or until the last hajj flight lands at the Airport
and as per the Scope and professional manner;
. 4.1.7 hold or obtain the relevant licenses from the
governmental authorities; 4.1.8 be responsible for the timely
completion of the Works as per the plan/drawing,
timeline and technical specification of BIAL; 4.1.9 appoint and
roster required number technically qualified employees,
supervisors, managers for the timely completion of the Works at
its own cost; 4.1.10 During the Tem of the contract, provide and
make available the required skilled
men such as Electricians, plumbers, carpenters, helpers etc.,
and all material or any other spares/replacement for smooth running
of the temporary Hajj terminal building.
4.1.11 be liable for any damages to property or personal
injuries, which are a result
due to the gross negligence and misconduct of the employees of
it;
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4.1.12 be liable for the defective or deficiency of service of
Airfield Debris Management Services, and caused either directly, or
by its representatives or by its employees; and
4.1.13 at its own cost and expense, undertake, comply with and
perform all its
obligations; 4.1.14 adhere to all the applicable laws and also
adhere to the safety code as well as
all other regulation applicable to safety in discharge at the
Airport.; and
4.1.15 not do or omit to do any act, deed or thing which may in
any manner be violate any applicable law related to aviation and
Airport.
4.2 Term Since time is the essence of this Works, the successful
Bidder shall provide the facilities on or before 15th August, 2015
or earlier. The successful bidder shall complete the Woks within
the agreed time lines and shall maintain the termorary hajj
terminal building for the entire term of the hajj. The Term of the
Contract may be extended for a further period depending upon the
level of service satisfaction by BIAL and at the sole discretion of
BIAL.
4.3 Taxes
The successful Bidder shall pay all contributions, taxes and
premiums payable under the Applicable Laws, during its performance
under the Agreement and all applicable sales tax, service tax and
other taxes including transportation, occupational, etc., as
applicable.
4.4 Subcontracting
The successful bidder shall not sub contract any portion (part
or full) of the Works, with out the prior written consent from
BIAL.
5. EVALUATION CRITERIA AND PROPOSAL SUBMISSION REQUIREMENTS
BIAL intends to select only serious, committed and Bidders for
entering into an Agreement with BIAL. Accordingly, the Bidders
shall ensure that, sufficient information is provided to enable
BIAL to make judgments about their suitability. In assessing the
Proposals received, BIAL shall have regard to the quality and level
of information provided by the Bidders.
5.1 Evaluation Criteria and weightage:
Sl.No Criteria Weightage (%)
5.1.1 5 years of experience and number of similar Works handled
successfully.
25%
5.1.2 Customer satisfaction certificate 15%
5.1.3 Financial proposal 30%
5.1.4 Financial Strength; and 20%
5.1.5 Correctness, presentation and completeness of proposal
10%
All the conditions given above have to be satisfied.
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From the time the Proposals are opened, to the time the award of
contract, the Bidders should not contact BIAL on any matter related
to its financial proposal. Any effort by the Bidder to influence
BIAL in the examination, evaluation, ranking of the Proposals, and
recommendation for award of the contract may result in the
rejection/disqualification of the Bidders Proposal. BIAL shall
evaluate the Proposals of only those Bidders, who have satisfied
the criteria and complied with the other requirements of this
RFP.
BIAL will also consider the past performance of the Bidder, and
its constituent individuals or entities as applicable, on other
contracts with BIAL in terms of quality of its operation and
management.
5.2 Grounds of Disqualification:
In addition to BIALs rights to disqualify any Bidder as set-out
elsewhere in this RFP, BIAL shall have the right, in its sole
discretion, to disqualify any Bidder, and reject its Proposal
including, but not limited to any one or more of the following
grounds:
5.2.1 Declaration of the Bidder as ineligible due to corrupt or
fraudulent practices, in
any tender/bid process. 5.2.2 The Proposal not being accompanied
by any supporting document/s or
Annexure/s, required to be submitted in accordance with this
RFP. 5.2.3 Failure to comply with the requirements of the RFP, or
the Proposal being non-
responsive to the requirements of the RFP. If the Proposal is
not signed, sealed and marked (as instructed below) as stipulated
in the RFP, or does not contain all the information as requested in
the RFP, or in the format as specified in the RFP or Annexure/s,
BIAL may reject the Proposal as non-responsive.
5.2.4 If the Bidder submits incorrect/inaccurate/misleading
information, misrepresentation, in its Proposal which is in the
sole opinion of BIAL, is material information.
5.2.5 Any Proposal is received after the timeline as set-out in
this RFP.
5.3 Format/Submission of Proposal:
The Proposal should be submitted for a period of three years by
the Bidders in a sealed envelope, and the Proposal must be marked
as:
PRIVATE AND CONFIDENTIAL PROPOSAL FOR Providing the facilities
for Hajj 2015 (at the Airport
5.3.1 The Proposal shall consist of the following details in the
same order:
a) An undertaking by the bidder, confirming that there is no
litigation pending and comply with the applicable laws. Annexure
A
b) Firm/Company background in accordance with the details
contained in
Annexure B
c) Certified copy of the documents as detailed in Annexure
C;
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d) Any other information as may be necessary to convey bidders
ideas, and wherever applicable, to provide any relevant
additional/further information.
Financial Proposal:
e) Financial Proposal Annexure D
6. AWARD OF PROCESS 6.1 BIAL is conducting the award process in
a fair and non-discriminatory manner and BIAL
will award the contract to the successful bidder, who has
offered the best Proposal to BIAL, in accordance with this RFP.
BIAL reserves the right to negotiate with the successful bidder/s
during the bid process.
6.2 BIAL will issue a Letter of Intent to the successful bidder
pursuant to the conclusion of
the bidding process as contemplated in this RFP. Following the
issue of the Letters of Intent to the successful bidder, to the
address mentioned in the Proposal, and the successful bidder shall
enter into the Agreement within the period notified under the
Letter of Intent. Any change of address of the Bidder should be
promptly notified to BIAL.
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APPENDIX-I GENERAL TERMS & CONDITIONS
Format Agreement
CONTRACT This Contract (Contract) is made and entered into in
Bangalore on this the ___st day of ___, 2015 (Execution Date) by
and between; BANGALORE INTERNATIONAL AIRPORT LIMITED, a Company
incorporated under the Companies Act, 1956, having its registered
office at Administration Block, Kempegowda International Airport
Bengaluru, Bangalore 560 300 represented by its Director Finance,
Mr. Bodapati Bhaskar (hereinafter referred to as BIAL which term
shall include its representatives, successors and assignees) of the
one part: And ___________________, a Company incorporated under the
Companies Act, 1956, having its registered office at
_____________________and represented by its ________, Mr.
___________ (hereinafter referred to as the Contractor which term
shall include its representatives, successors and permitted
assignees) of the other part. BIAL and the Contractor shall
individually be referred to as the Party and collectively as the
Parties, as the context may require.
WHEREAS: A. Pursuant to the Concession Agreement, the Government
of India has granted BIAL
the exclusive right and privilege to carry out the development,
design, financing, construction, commissioning, maintenance,
operation and management of the Kempegowda International Airport
Bengaluru (Airport), in accordance with the terms contained
therein;
B. The Contractor is a facilities management services company
whose services
includes, _____________________________; C. BIAL is desirous of
availing the services for the installation of a temporary hajj
terminal building and its allied facilities at the Airport, to
companies/firm/ entities having expertise in the above said service
(hereinafter referred to as the (Work/s) and had issued a Request
for Proposal in connection with the same. Pursuant to BIALs request
for proposal, the Contractor has submitted its proposal;
D. BIAL has accepted the proposal of the Contractor and
expressed its desire to
engage the services of the Contractor and the Contractor has
agreed to provide the Services to BIAL on a non-exclusive basis
subject to the terms and conditions set forth in this Contract.
NOW THEREFORE, in consideration of the mutual promises and
covenants contained herein, the Parties agree as follows:
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1. DEFINITIONS The following words and expressions appearing in
this Contract shall have the meanings as defined here in this
Clause, unless the context requires otherwise:
1.1 Airport means the Kempegowda International Airport,
Bengaluru at
Bangalore, constructed, maintained, developed, designed,
operated, upgraded, modernized, financed and managed by BIAL and
includes all its land, buildings, equipment, facilities and systems
and further airport developments;
1.2 "Applicable Law" means all laws, brought into force and
effect by the
Government of India or the Government of Karnataka including
rules, regulations and notifications made thereunder and judgments,
decrees, injunctions, writs and orders of any court of record, as
may be in force and effect during the subsistence of this
Contract;
1.3 Commencement Date means, the date upon which, the Contractor
shall
commence provision of the Services, being started on __________;
1.4 Contract refers to this Temporary Hajj Terminal Agreement, and
all schedules
and attachments annexed to this Contract or otherwise
incorporated by reference; and all written modifications occurring
after the date of this Contract;
1.5 Contract Price shall mean the charges payable by BIAL to the
Contractor, in
consideration to the Works performed by the Contractor; 1.6 Gol
means the Government of India and any of its duly authorised
agency,
authority, department, ministry or person (whether autonomous or
not); 1.7 Relevant Authority/ies means any GoI or GoK departments
or other
regulatory authority having jurisdiction in relation to the
operation, maintenance and management of the Service under the
Applicable Law;
1.8 Term has the meaning assigned to it in Clause 4 of the
Contract. 1.9 Work/s means the work discharged and performed by the
Contractor for
erecting and installing the facility for Hajj pilgrimage 2014
and Providing Prefabricated steel Super structure along with
Platform, General lighting, Fans, Carpet & Signboards,
including realignment for Departure and Arrival, at the Airport in
accordance with the terms of this Contract and as detailed out in
Schedules A to this Contract.
2. INTERPRETATION
In this Contract, except to the extent that the context requires
otherwise: 2.1 reference to a judgment includes any order,
injunction, determination,
decree or other judicial or arbitral tribunal measure in the
Indian jurisdiction, which is final and binding;
2.2 reference to a law includes common law, the Constitution of
India and any decree, judgment, legislation, direction, order,
ordinance, regulation, by-law, statute, notification, circular,
guideline, rule, statutory instrument or other legislative measure,
with which BIAL is required to comply by law (and lawful and
unlawful shall be construed accordingly);
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2.3 references in the singular shall include references in the
plural and vice versa;
2.4 a reference to a day means a calendar day; any reference to
a month shall
mean a reference to a calendar month; and any reference to year
shall mean a reference to a calendar year (i.e., twelve (12)
months) unless otherwise defined in this Contract;
2.5 references to a particular Clause, paragraph, sub-paragraph,
Schedule or
Attachment shall, except where the context otherwise requires,
be a reference to that Clause, paragraph, sub-paragraph or Schedule
to this Contract;
2.6 the headings are inserted for convenience and are to be
ignored for the
purposes of construction; 2.7 terms defined in the Schedules
hereto shall have the meanings ascribed thereto
in the Schedules when used elsewhere in this Contract; 2.8 the
Schedules to this Contract form part of this Contract and will be
in full
force and effect, as though they were expressly set out in the
body of this Contract;
2.9 any reference to any agreement (including this Contract),
deed, instrument,
license, code or other document of any description shall be
construed, at the particular time, as a reference to that
agreement, deed, instrument, license code or other document as the
same may then have been amended, varied, supplemented, modified,
suspended or novated;
2.10 the words written and in writing includes a facsimile
transmission and any
means of reproducing words in a tangible and permanently visible
form with confirmation of the transmission;
2.11 the words include and including are to be construed without
limitation; 2.12 in case of any ambiguity or discrepancy between
the Clauses and the Schedules,
the Clauses shall prevail; and 2.13 if any payments due
hereunder become payable on a day when principal
commercial banks in Bangalore are closed for business or a day
which is declared a holiday under the Negotiable Instruments Act,
1881, such payments shall be deemed due and payable on the next
business day thereafter.
3. SCOPE OF WORK
The Contractor shall perform and discharge the Works at the
Airport as per the scope detailed in and at the locations mentioned
in Schedule A and shall maintain the same till _____________ or
such time as intimated by BIAL. The Contractor shall complete the
Works as per the plan and drawings mentioned in Schedule D and any
deviation and variations from the approved plans mentioned in
Schedule D shall be with the prior written consent from BIAL. The
Contractor shall render the Works in an efficient and professional
manner and within the timeline prescribed by BIAL.
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4. TERM This Contract shall come into force with retrospective
effect from Commencement Date (Commencement Date) and shall be
valid for a period of six (6) months (hereinafter referred to as
the Term), subject to the provisions for earlier termination
hereinafter contained. The Term of this Contract may be extended
for the next year hajj seasson depending upon the level of service
satisfaction by BIAL and at the sole discretion of BIAL. However,
the Parties herein have agreed for the contract price for three
(03) years and in case of extension of this Contract BIAL agrees to
pay the only the Contract Price as mentioned in Schedule B.
5. CONTRACT PRICE 5.1 The Contract Price shall be paid as per
the pricing and payment schedule as set out in
Schedule B of the Contract and BIAL will make the payment only
for the actual items used for the installation of the temporary
hajj terminal structure.
5.2 The Contractor shall raise and shall submit the valid
invoices for the Works performed
and BIAL will make payment to the Contractor within 30 days of
the receipt of the same, subject to verification of the invoices by
BIAL.
5.3 The Contract Price specified in Schedule B is inclusive of
service tax, Luxury Tax, all
misc. expenses, out of pocket expenses, transportation, packing
and moving, wage or any other direct and indirect expenses
including sales tax and all other applicable taxes from time to
time.
5.4 The Contract Price payable to the Contractor shall be made
by way of RTGS, favouring
the Contractor, subject to deduction of all applicable taxes
from time to time.
5.5 The Contract Price shall be fixed throughout the Term. 5.6
Performance Bank Guarantee:
5.6.1 The Contractor shall, for due performance of its
obligations under this
Contract, within seven (7) days from the execution of this
Contract, submit a performance bank guarantee equivalent to 10% of
total Contract Price payable to the Contractor, from a Bank
pre-approved by BIAL, in the format prescribed by BIAL and which is
attached herewith as Schedule C (hereinafter called Performance
Bank Guarantee). The Contractor shall maintain the said Performance
Bank Guarantee at its own expense and shall remain in full force
and effect until sixty (60) days after the expiry of the Term.
5.6.2 The Performance Bank Guarantee, shall be returned by BIAL
to the Contractor
within sixty (60) days of the expiry or earlier termination of
this Contract, in case the same is not realized as agreed herein,
provided always that in the opinion of BIAL there are no
outstanding dues payable by the Contractor to BIAL including, any
amounts that may be outstanding.
5.6.3 If the Contractor fails to provide Performance Bank
Guarantee within seven (7)
days from the execution of this Contract, then BIAL will deduct
amount equivalent to the Performance Bank Guarantee from the first
bills payable to the Contractor and such deducted amount will be
treated as interest free refundable converted security deposit for
the due performance of the obligation under this Contract
(hereinafter called Security Deposit). Such Security Deposit shall
be refunded to the Contractor within sixty (60) days after the
expiry or early termination of this Contract, subject to full and
final
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settlement of any liabilities, claims or penalties that may be
pending against the Contractor.
5.7 Withholding and Deductions of Payments
5.7.1 Withholding Payments:
If BIAL disputes the amount contained in an invoice, BIAL may
withhold payment to the extent that, it reasonably believes that,
the Contractor is in breach of its obligations in accordance with
this Contract, and gives the Contractor three (3) days notice to
remedy the deficiency of service. BIAL will pay all undisputed
amounts in accordance with this Contract. Once the Contractor has
cured the deficiency, BIAL will pay the Contractor the amounts
withheld. For the avoidance of doubt, it is clarified that, such
withheld amount shall not incur any interest.
5.7.2 Deductions: BIAL may deduct from the Contractors Contract
Price, amounts on account of
claims of penalty, costs or claims, losses, damages, defective
services carried out by the Contractor etc., directly incurred by
BIAL (the Direct Damages) that arise from the negligence of the
Contractor.
If the breach is such that, the same can be remedied, the
provisions of Clause
5.7.1 will apply. In case the Contractor fails to remedy the
breach, as provided in Clause 5.7.2 above, BIAL has the discretion,
without further notice, to deduct such amounts from the Contractors
fee, and this right is in addition to any other right available to
BIAL under this Contract.
6. COVENANTS OF CONTRACTOR 6.1 Time is the essence: The
Contractor confirms and agrees with BIAL that, time is the
essence of this Contract and agrees to complete the Works on or
before __________. If the Contractor fails to complete, discharge,
maintain the Works within the above stipulated time, then BIAL
shall have the right to invoke or forfeit the Performance Bank
Guarantee or the Security Deposit as liquidated damages without
giving any notice to the Contractor.
6.2 The Contractor shall maintain the same till ___________ or
till the last return flight
of hajj pilgrims arrives at the Airport. It is further agreed
between the Parties that, in the event hajj pilgrim schedule is
delayed beyond ___________, the Contractor shall maintain the
temporary hajj terminal, without any additional cost to BIAL, until
the last hajj pilgrim flight lands at the Airport.
6.3 It is further agreed between the Parties that, upon
completion of the Works, the
authorised representative/s of BIAL and the Contractor shall
conduct a joint inspection of the Works and shall take the exact
measurement and counts of the items and materials used for the
temporary hajj terminal and if there is any reduction or increase
of scope of Work and as a result, any reduction or increase in the
Contract Price, the same will be considered as final and the
decision of BIAL, in this regard, shall be final and binding on the
Contractor.
6.4 During the Term, the Contractor shall take full
responsibility in case of loss or damage
of properties and shall take steps to minimize loss or damage,
to the properties of BIAL, to the greatest extent possible and in
case of any damage, the Contractor shall at its own cost repair and
make good the same to the satisfaction of BIAL. In case the
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Contractor does not make good the loss, then clause no 5.7.1 and
5.7.2 shall apply. It is further agreed by the Contractor that, at
any point of time BIAL shall not be liable or held liable for any
loss or damage of the properties of the Contractor, used for
discharge of Services or otherwise.
6.5 The Contractor confirms and agrees with BIAL that at any
time during the normal
office hours, the Contractor shall promptly allow BIAL and its
authorized agents, including any of BIALs Auditors, full and free
access to the originals of and/or as requested, copies of all such
Information as BIAL may reasonably require, enabling or assisting
BIAL to:
6.5.1 verify or enforce compliance by the Contractor with its
obligations under
this Contract; 6.5 .2 comply with its obligations under
applicable laws.
6.6 The Contractor shall ensure that all the installations done
in the locations mentioned in Schedule A and as detailed in
schedule A, shall be maintained and kept clean as per international
standards without any stoppage/breakage and in the event the
Contractor fails to discharge and perform the Works in accordance
with this Contract, BIAL shall have the right (however, not an
obligation) to avail the Works through any third party, without
prejudice to the rights or remedies available to BIAL under this
Contract or under law and shall deduct such amount paid to the
third party Contractor, from the amounts payable to the
Contractor.
6.7 Service quality and penalty The Contractor shall install and
maintain the temporary hajj terminal and shall
provide, discharge and perform the Works as mentioned in
Schedule A and as per the international standards and as prescribed
by BIAL and in case the Contractor fails to deliver the same, BIAL
shall have the right to impose work penalty for such deficiency, at
the rate of one (1%) percentage of the Contract Price payable. It
is further agreed that the Contractor shall make arrangements for
attending all defective services, breakage etc., within two hours
of intimation.
7. DUTIES OF CONTRACTOR 7.1 The Contractor shall adhere to the
safety and other relevant regulations from time to
time, while discharging and performing the Works in connection
with this Contract, as directed by BIAL or any other governmental
agency/body and the Contractor further ensure that it shall always
follows the safety regulations needed for working in Airport as
directed by BIAL or as per the regulations of the government/its
agencies or body and shall not cause disturbance to any other
Contractor / sub-Contractor /agents appointed by BIAL or to any
other concessioners at the Airport.
7.2 The Contractor shall take all precautions to avoid accidents
during the performance of
the Work at the Airport. The Contractor shall ensure that at no
time inconvenience shall be caused to passengers or to any other
concessioners at the Airport.
7.3 The Contractor shall obtain necessary entry
pass/token/identity card for its employees
from BIAL/BCAS/CISF or whichever agency in charge of security
affairs of the Airport. It is the sole responsibility of the
Contractor to fulfill all the relevant formalities in connection
with obtaining of identity card for its employees including payment
of necessary fees and carrying out police verification etc. In
addition to this the Contractor shall ensure that the employees
adhere to the security rules/regulations in force at BIAL.
7.4 The Contractor shall ensure that the materials/consumables
used for the execution of
Services shall be the best as per the industry practice.
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7.5 The Contractor shall ensure that:
7.5.1 The temporary haj terminal structure and all the
installations shall be maintained as per the direction of BIAL from
time to time;
7.5.2 It shall, without any additional cost to BIAL, Assemble,
dismantle, modify and restructure the temporary hajj terminal as
per the direction of BIAL anytime during the currency of this
Contract;
7.5.3 all complaints shall be attended and rectified within two
hours of intimation; and
7.5.4 Adhere to all the directions and request of BIAL and all
applicable laws from time to time.
7.6 Engagement of Labour:
7.6.1 The Contractor shall depute required number of staff,
worker and labour, local or otherwise for the due performance of
this Contract and shall also depute required number of supervisor/s
who has rich experience and shall give the necessary authority to
act on behalf of the Contractor and he shall act as contact point
between the Contractor and BIAL.;
7.6.2 The Contractor shall at all times, take reasonable
precautions to maintain the
health and safety of the Personnel and assures that it will not
employ or depute any person who may be suffering from any
contagious or infectious disease or is not suitably attired or
prohibited to be employed under the provisions of Applicable
Law.
7.6.3 The Contractor shall at all times, take all reasonable
precautions to prevent
any unlawful, riotous or disorderly conduct by or amongst the
Contractor 's Personnel, and to preserve peace and protection of
the persons and the property at Airport. The Contractor shall
immediately replace any of the Contractors Personnel, who engage in
unlawful, riotous or disorderly conduct.
7.6.4 The Contractor shall ensure that all the persons employed
and/or engaged by
them shall not do any act which may cause disturbance or
annoyance to BIAL or any other users of the Airport and shall not
do any act which may be derogatory to or inconsistent with BIALs
high standard and reputation, or which will cause a nuisance to
BIAL or to the visitors / users of Airport. The persons employed
and/or engaged by the Contractor shall conform to such directions
as may be issued by BIAL. It is further agreed by the Contractor
that, it shall not cause any disturbance, block the access or
create any nuisance at the Airport during the Term and while
discharging the Services at the Airport.
7.6.5 The Contractor shall adhere to the safety and other
relevant regulations from
time to time, while discharging the Services in connection with
the Contract as directed by BIAL or any other governmental
agency/body and the Contractor further ensure that it shall always
follows the safety regulations needed for working in Airport as
directed by BIAL or as per the regulations of the government/its
agencies or body and shall not cause disturbance to any other
Contractor /sub-Contractor /agents appointed by BIAL.
7.7 Sub-contracting of works: The Contractor, either in part or
full, shall not subcontract or assign the works to any
third parties without the prior witten consent from BIAL.
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7.8 Compliance requirements of Contractor :
7.8.1 The Contractor shall always comply with the applicable
laws relating to aviation: The Contractor shall, at all times, be
in compliance with the relevant and applicable laws concerning the
safety and security of the Airport as stipulated from time to time
by the relevant government authority, agency or by BIAL.
7.8.2 Compliance with the applicable laws relating to labour
legislations: The
Contractor and/or its agents and employees shall observe,
perform and comply with all rules and regulations of applicable
labour legislations and the provisions of any statutory law
applicable from time to time, including any rules and regulations
made by any other government departments and / or local or
municipal body or administration in force from time to time and
also comply with, including but not limited to, their employment,
health, safety, welfare and shall allow them all their legal
rights.
7.8.3 Applicable law relating to environment:
The Contractor shall, at all time during the currency and
performance of this Contract, follow and comply with, all the
applicable law relating to environment from time to time.
8. RIGHTS AND DUTIES OF BIAL
8.1 Right to reduce the Scope of Work: At any time during the
Term of this Contract, BIAL can issue a notice/letter mentioning
the reduction of Scope of Work of the Contractor mentioned in the
Contract. The Contractor agrees with BIAL that it will not have any
right and shall not claim any damages for loss of profit,
compensation etc., due to such reduction of Scope of Work.
8.3 Suspension of Work: Any time during the Term of this
Contract, BIAL has the right to
suspend the Work of the Contractor by issuing notice/letter:
8.3.1 on account of any default on part of the Contractor in
performance of this Contract;
8.3.2 for faulty delivery and execution of the Work by the
Contractor; and 8.3.3 for any other reason, directions from GoK or
GoI or its agencies / bodies and for
the best interest of the Airport.
9. CONFIDENTIALITY
The Contractor acknowledges that any and all information,
including any commercial and technical information and data
provided by BIAL to the Contractor shall be considered to be
confidential and the Contractor shall not, on receiving such
information and data, at any time, directly or indirectly disclose
such information and data to any person firm or use the same in any
manner other than in connection with this Contract, without the
prior written consent of BIAL.
10. INDEMNITY
10.1 The Contractor hereby indemnifies BIAL against liability in
connection with:
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10.1.1 the Contractor fails to perform and render the Works on
time, as mentioned in scope of services and Contract;
10.1.2 the Contractor committing any breach or contravention of
the applicable laws; 10.1.3 any act of commission or omission, or
default on the part of the Contractor
and/or its employees/personnel; 10.1.4 death or illness of or
injury to any person and the loss of and/or damage to any
property of BIAL caused by the Contractor as a result of or
arising out of or in connection with any act or default of the
Contractor and/or its employees, during performing the services or
otherwise;
10.1.5 the Contractor also agrees to indemnify and hold harmless
to BIAL from time to
time and at all times hereafter, from and against, all notices,
claims, demands, action, suits or proceedings given, made or
initiated against BIAL on account of the Contractors
sub-Contractors claim, as also against all costs, charges and
expenses suffered or incurred by BIAL on account of the
aforesaid.
10.2 Liability
BIAL shall not be liable for any incidental, consequential or
special damages, including but not limited to loss of profit or
revenue suffered by the Contractor.
11. TERMINATION CONSEQUENT TO CONTRACTOR S DEFAULT 11.1 The
Contractors Default Events BIAL may terminate this Contract in any
of the following circumstances if:
11.1.1 The Contractor fails to render and perform the Works as
detailed in the Schedule A;
11.1.2 The Contractor is in material breach of any of the terms
and conditions of this
Contract and/or fails to strictly comply with applicable laws;
11.1.3 If any material representation or warranty given by the
Contractor under this
Contract is incorrect; 11.1.4 An order is made or resolution is
passed for the liquidation, bankruptcy or
dissolution of Contractor which is not, if capable of being so,
discharged or, as the case may be, revoked within thirty (30) days
thereafter;
11.1.5 If the Contractor breaches and/or fails to comply with
the security measures
and guidelines prescribed by the relevant authorities and/or
BIAL from time to time.
11.2 Notice
BIAL shall not enforce its rights to terminate this Contract
unless and until
11.2.1 BIAL serves on the Contractor a written notice of seven
(7) days, specifying the breach complained of and requiring the
Contractor to remedy it (if capable of remedy); and
11.2.2 the Contractor fails to remedy the breach (if capable of
remedy) within seven
(7) days after notice from BIAL so to do.
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11.2.3 the requirement of providing a notice under this Clause
shall be limited to such
circumstances which are capable of being remedied. If there is a
breach which, in the opinion of BIAL, is not capable of being
remedied, BIAL shall not be required to comply with this Clause and
shall have the right to terminate this Contract forthwith.
11.3 In the event of BIAL exercising its right of termination
pursuant to Clause 11.1 (in
accordance with Clause 11.2), the Contractor shall withdraw and
remove its personnel from the Airport.
11.4 Notwithstanding anything contained in this Contract, BIAL
reserves the right to
terminate this Contract at will, for its convenience, without
assigning any reason thereof by issuing Seven (7) days notice to
the Contractor.
11.5 In the event of termination or expiry of this Contract, the
Contractor shall immediately
withdraws its personnel, dismantle the temporary hajj terminal
and all the items belonging to the Contractor.
12. REPRESENTATIONS & WARRANTIES
The Contractor represents and warrants to BIAL that as of the
date of execution of this Contract:
12.1 has the requisite skill, knowledge, experience, expertise,
infrastructure and capability to carry out the Works and also has
trained and experienced persons having requisite skills, knowledge,
experience, and expertise to perform and discharge the Woks in
terms of this Contract and the Contractor has agreed to perform and
discharge the Works;
12.2 has the power and authority and has taken all actions
necessary to validly
execute and deliver this Contract; 12.3 obligations under this
Contract will be legally valid and binding and enforceable
against it; 12.4 is subject to the laws of India; 12.5
execution, delivery and performance of this Contract will not
conflict with,
result in the breach of, or constitute a default under, or
accelerate performance required under the terms of any covenant,
agreement, understanding, decree or order to which it is a party or
by which it or any of its properties or assets is bound or affected
and does not result in a violation of Applicable Law;
12.6 has no knowledge of any violation or default with respect
to any order, writ,
injunction or decree of any court or any legally binding order
of any relevant authority empowered by Applicable Law which may
result in any material adverse effect on its ability to perform its
obligations under this Contract;
12.7 has complied with Applicable Law in all material respects
and has not been
subject to any fines, penalties, injunctive relief or any other
civil or criminal liabilities which, in the aggregate, has or may
have a material adverse effect on its ability to perform its
obligations under this Contract;
12.8 are no actions, suits, proceedings, or investigations
pending or, to its
knowledge, threatened against it at law or in equity before any
court or before any other judicial, quasi-judicial or other
authority, the outcome of which may
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result in a breach of this Contract or which individually or in
the aggregate may result in any material impairment of its ability
to perform its obligations under this Contract;
12.9 sums, in cash or kind, have been paid to, or accepted by,
any person or will be
paid to, or accepted by, any person or on its behalf by way of
fees, commission or otherwise to induce BIAL to enter into this
Contract;
12.10 is able to pay its debts as they fall due or otherwise is
solvent as per Applicable
Law, it has not compounded with or negotiated any composition
with or called any meeting of its creditors, a receiver, trustee or
manager has not been appointed over the whole or any part of its
assets or rights, it has not committed any act of bankruptcy or
insolvency or passed any resolution for or otherwise entered into
any liquidation, winding up or administrative order or taken or
suffered any action analogous to any of the foregoing under the
laws of India or any other applicable jurisdiction;
12.11 the Contractor is not in breach of any agreement with any
person who has
provided loans, deposits, advances, guarantees or other
financial facilities to the Contractor ; and
12.12 all taxes due and payable by the Contractor have been
paid, and all tax returns
and reports required to be filed by the Contractor have been
timely and correctly filed. There are no claims now pending or
matters under dispute with any taxing authority in respect of any
tax of the Contractor.
13. FORCE MAJEURE
Neither Party will be liable for damages arising from
non-performance of the obligations under this Contract due to fire,
explosion, power surges or failures, acts of God, war, civil
disturbances, acts of civil or military authorities or public
enemy, acts or omissions of communications carriers or governmental
regulatory authorities or agencies (each, an instance of Force
Majeure). If a Party is affected by any Force Majeure event, the
Party so affected will promptly notify the other Party in writing
of the occurrence of the Force Majeure event (and the likely
duration of the impact or delay caused by the Force Majeure event)
and the performance of its obligations will be suspended during the
period that the Force Majeure circumstances persist and the
affected Party will be granted an extension of time for performance
equal to the period of delay attributable to the Force Majeure
event. If a Partys performance of its obligations hereunder is
suspended due to an occurrence of a Force Majeure event for a
period beyond fifteen (15) days, the other Party may terminate this
Contract without incurring charges.
14. WAIVER Failure or delay on the part of the Contractor or
BIAL to exercise right or power
hereunder shall not operate as a waiver thereof. 15.
MODIFICATIONS
No amendment or modification to this Contract shall be valid and
effective, unless agreed to by both the Parties hereto and
evidenced in writing. Any modification or amendment to this
Contract must be in writing and be signed by the duly authorized
representative(s) of each of the Parties.
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16. SEVERABILITY If any portion of this Contract hereto is held
to be invalid, such provision shall be considered severable, and
the remainder of this Contract hereof shall not be affected.
17. GOVERNING LAW This Contract shall be governed by and
construed in accordance with the laws of India
and the courts at Bangalore shall have the exclusive
jurisdiction in this regard. 18. NOTICE ADDRESS
Any notice to be made under this Contract must be in writing and
may be given by
facsimile, post or hand to either party addressed as follows, or
to any other address for the time being notified by one party to
the other in accordance with this Clause. To Contractor:
Attention:
Fax: NIL
To BIAL:
Attention: Bangalore International Airport Limited
Administration Block Kempegowda International Airport, Bengaluru
Bangalore 560 300, India
A Notice: a. given by facsimile, will be deemed to be a notice
in writing given on the same
business day, following the facsimile transmission unless the
facsimile was sent after 5pm on working day, in which case it will
be deemed to be a notice in writing given on the next working
day;
b. sent by prepaid, registered or certified post will be deemed
to have been given (where posted to an address in the same country)
two working days following the day on which it was posted or (where
posted to an address in another country) on the eighth working day
following the day on which it was posted; or
c. delivered by hand during normal working hours on a working
day will be deemed to have been given on that day or in any other
case of hand delivery shall be deemed to have been given on the
next working day following the day of delivery.
19. RESOLUTION OF DISPUTES
In the case of dispute or difference arising between BIAL and
the Contractor relating
to any matter connected with this Contract, the same shall be
settled through amicable negotiations between the Parties. During
the pendency of any Dispute, the Contractor shall, at the option of
BIAL, continue to provide and discharge the Works in accordance
with this Contract regardless of the nature of any Dispute, unless
this Contract has expired or has determined as per the terms agreed
in this Contract.
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20. ENTIRE AGREEMENT This Contract including the annexure
constitute the final expression of the agreement
between the Parties and supersedes all previous agreements and
understandings, whether written or oral, relating to the Contract.
This Contract may not be altered, amended, or modified except in
writing, signed by the duly authorized representatives of both
parties.
IN WITNESS WHEREOF, the Parties hereto have set their hands to
this Contract on the day, month and year first hereinabove
written:
BANGALORE INTERNATIONAL AIRPORT LIMITED By
By
Name: Name:
Designation: Designation:
In the presence of: In the presence of: Witness: Name:
Witness: Name:
Address:
Address:
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SCHEDULE A Scope service and Location
(TO BE INSERTED LATER)
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SCHEDULE B Contract Price and schedule of payment
Contract Price
Sl.No. Description Unit Total charge (Rs.)
01
Contract Price
Schedule of Payment
Payment shall be made as follows:
(TO BE INSERTED LATER)
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SCHEDULE C FORM OF PERFORMANCE BANK GUARANTEE
Performance Guarantee No: To Bangalore International Airport
Limited, Administration Block, Kempegowda International Airport
Bengaluru, Devanahalli, BANGALORE 560 300 Dear Sirs, Performance
Guarantee No: Amount of Guarantee: [Guarantee Amount] Last Date of
lodgement of claims: [Claim Expiry Date] Whereas, ------ (the
Contractor ), has received from Bangalore International Airport
Limited (BIAL), an order for the performance of certain works for a
total value of Rs. [Please insert] upon the terms set-out in the
Housekeeping and Conservancy Contract, between BIAL and the
Contractor (the Contract). In consideration for BIAL entering into
the Contract, and at the request of the Contractor , we, [Insert
Banks name], hereby establish this performance guarantee and
unconditionally undertake to pay to BIAL in India on demand (given
in the manner described below) the amount claimed by BIAL up to a
maximum aggregate amount of [10% (ten percent) of the Contract
Price] and whereas, as per the terms of the Contract, the
Contractor is required to furnish in favour of BIAL an irrevocable
and unconditional guarantee from a scheduled commercial bank in
India for proper performance of its obligations under the Contract,
which amounts to [10% (ten percent) of the Contract Price]
[Guarantee Amount] (hereinafter referred to as Guarantee (d)
Amount). We, [Insert Banks name], [Insert Bank Address]
(hereinafter referred to as Bank / Guarantor", which term shall
mean and include, unless to repugnant to the context or meaning
thereof, its successors and permitted assigns) do hereby
unconditionally undertake to pay BIAL, without any reservation or
protest, immediately upon first written demand, on or before [Claim
Expiry Date], an amount or amounts (by way of one or more claims)
not exceeding [Guarantee Amount] against any loss or damage caused
to or suffered or would be caused or suffered by BIAL by reason of
non-fulfilment of any of the Contractor s obligations to BIAL. We
also guarantee to pay the amount of bills or / and the claims as
determined by you against the Contractor, in the event of such
bills or / and the claims remains unpaid for any reason whatsoever,
subject, however, that our liability under this guarantee shall be
restricted to an amount not exceeding [Guarantee Amount] and
written demand / claim, if any, should be made at our counters on
or before [Claim Expiry Date]. We hereby guarantee, indemnify and
undertake to pay the Guaranteed Amount or amounts due and
determined by BIAL on the first demand without demur and
notwithstanding any dispute by (the Contractors name and address).
BIAL shall have the fullest liberty without affecting in any way
the liability of the Bank under this Guarantee, during its
currency, from time to time, to vary any of the terms and
conditions of the Contract, or to extend time of performance by the
said Contractor , or to postpone for any time, and from time to
time, any of the powers exercisable by it against the said
Contractor , and either to enforce or forbear from enforcing any of
the terms and conditions governing the said permission for
rendering service, or securities available to BIAL, and the said
Bank shall not be released from its liability under these presents
by any
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exercise by BIAL of any liberty with reference to the matters
aforesaid by reason of time being given to the said Contractor any
other forbearance, act or omission on the part of BIAL, or any
indulgence by BIAL to the said Contractor , or any other matter or
thing whatsoever, which under the law relating to sureties would,
but for this provision, have the effect of so releasing the Bank
from such liability. It shall not be necessary for BIAL to proceed
against the Contractor before proceeding against the Bank, and the
Guarantee herein contained, shall be enforceable against the Bank,
notwithstanding any security, which BIAL may have obtained from the
Contractor at the time when proceedings are taken against the Bank
hereunder and are outstanding or unrealized. We, the Bank, lastly
undertake not to revoke this Guarantee during its currency, except
with the previous written consent of BIAL, and agree that, any
change in the constitution of the said Contractor or the said Bank
shall not discharge our liability hereunder. If any further
extension of this Guarantee is required, the same may be extended
to such required periods, at our sole discretion, on receiving
instructions from (the Contractors Name and address) on whose
behalf this Guarantee is issued. All disputes in the matter will be
settled in the Court of competent jurisdiction of Bangalore, India.
Notwithstanding anything contained herein: a) Our liability under
this Guarantee is limited to a maximum of [Guarantee Amount];
and b) The Guarantee is valid and will be in force up to [Expiry
Date]and we are liable to
pay any part of Guarantee Amount, if and only if, the claim is
lodged latest by [Claim Expiry Date]; and
c) We will be discharged from all our liabilities under this
Guarantee unless any written claim under Guarantee is lodged by
[Claim Expiry Date]
Our liability pursuant to this Guarantee is conditional upon the
receipt of a valid and duly executed written claim, in original, by
[Insert Banks name & Address], delivered by hand, courier or
registered post, prior to close of banking business hours on [Claim
Expiry Date], failing which all rights under this guarantee shall
be forfeited and [Insert Banks name], Bangalore shall stand
absolutely and unequivocally discharged of all of its obligations
hereunder. This Guarantee shall be governed by and construed in
accordance with the laws of India and competent courts in the city
of Bangalore shall have exclusive jurisdiction. All claims under
this guarantee will be made payable at [Insert Banks name &
Address]. For and on behalf of (the Bank) Signature Name &
Designation _________________________________ Authorisation
No.___________________ Name & Place ______________________ Bank
Seal _________________________ The above guarantee is accepted by
the Dated at ______________ on ____________
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APPENDIX II Scope of Work
1. SCOPE OF WORK
Providing the facilities for Hajj 2015 (Subhead: Providing
Prefabricated Covered steel Super structure along with Platform,
General lighting, Fans, Carpet & Signboards, including
realignment for Departure and Arrival) at the Airport for the
entire period of Hajj pilgrimage for the year 2015 Including but
not limited to
a) Execution of all required Works as per the items listed in
Schedule of Quantities
with the desired quality and the envisaged timeframe. b)
Reinstallation of necessary modifications for the Arrival and
departure facilities. c) Co-ordination with the respective
agencies, etc. involved in Works. d) Facilitate inspection, testing
and approval commissioning by client.
2. DELIVERABLES
a) Execute proposed work of Providing the facilities for Hajj
2015 (Subhead: Providing
Prefabricated Covered steel Super structure along with Platform,
General lighting, Fans, Carpet & Signboards, including
realignment for Departure and Arrival) at the Airport for the
entire period of Hajj pilgrimage for the year 2015
b) Completion Report. c) Plan/Drawing
3. SCHEDULE OF PAYMENTS
a. 40% of payment will be made after successful completion of
passenger departure operation;
b. 50% of payment will be made after completion of passenger
arrival operation;
c. Balance 10% of payment will be made after dismantling the
structure and clearing off the area; and
d. All the payments will be settled within thirty (30) days from
the receipt of valid invoices.
4. LOCATION DESCRIPTION
The Proposed work Providing the facilities for Hajj 2015
(Subhead: Providing Prefabricated Covered steel Super structure
along with Platform, General lighting, Fans, Carpet &
Signboards, including realignment for Departure and Arrival) at the
Airport for the entire period of Hajj pilgrimage for the year 2015
is between Secondary access road and Security compound wall located
beside DHL International courier Building.
5. LAYOUT DESCRIPTION
The layout includes temporary Hajj terminal, visitors area and
the connectivity to the area is from the Secondary Access Road.
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6. TECHNICAL DETAILS
The technical details of each items are described in the
Schedule of quantities, the work involved providing prefabricated
super structure along with Platforms, General lighting, Fans,
Carpet, seating & Signboards as instructed by the site
in-charge.
7. QUALITY AND SUSTAINABILITY The entire structure and
facilities should be stable enough to withstand the heat, wind,
rain etc., without causing any damage to BIAL property or the HAJJ
passengers or any other personal involved during the operation in
the temporary hajj terminal. The successful bidder shall be liable
to pay to the damage caused or has to rectify / remedy / make good
in the event of any such incidents / causalities at its own cost
without disturbing or affecting the routine operations of temporary
Hajj terminal. The successful bidder at all times, shall provide
and make available the required skilled men such as Electricians,
plumbers, carpenters, helper etc., and material or any other
spares/replacement for smooth running of the terminal operation for
the entire contract tenure. Entry permits/pass as required for the
crew/manpower during the operation should be obtained in advance at
his own cost.
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8. DRAWINGS
Sl No Drawing Title Drawing No Revision
1 Proposed Hajj layout Departure HAJ/12/DRG/01-R0 R0 2 Proposed
Hajj layout Arrival HAJ/12/DRG/02-R0 R0
9. SCHEDULE OF QUANTITIES:
Note 1. The minimum required quantities for the seamless
operation of the Hajj 2015 is
given in the following schedule of quantities. 2. The Partitions
used for realignment/re-fixing for the change in Departure to
Arrival
is not measured separately.
Sl. No. Description Unit Qty
A TERMINAL AREA:
A.1
Hire charges for Providing, installing and commissioning of
prefabricated structure along with Platform, General lighting, Fans
and Carpet for Hajj 2015 at BIAL as per the following (The internal
length & breadth will be measured for payment):
A.1.1
Pre-fabricated Super Structure of height 6mts, with false
flooring / raised flooring, with fire rated approved colour carpet
for all the area and Vinyl flooring for the toilet areas with side
covering using octonorm / suitable partition
Sqm 2250.00
A.1.4
Pre-fabricated Super Structure of height 4mts, without false
flooring with with fire rated approved colour carpet for all the
area with side covering using octonorm / suitable partition
Sqm 950.00
A.2 Ancillary facilities:
A.2.1
Hire charges for Providing, installing and commissioning of
octonorm Partitions of applicable height with door 1.2m X 2.1m
Opening with locks and curtains (The length and breadth will be
measured for payment including door area)
A.2.1.1
Partition for Medical Room, Customs Room, Storage Rooms, BIAL
Room, Prayer hall partitions, Wazu area and other partitions, of
height 2.4 mts including fascia for all the room
Sqm 1500.00
A.2.1.2 Female Frisking Room of height 2.1 mts Sqm 40.00
A.2.2
Hire charges for providing Ramps with required slope and made of
stable & base platform with carpet including side Metal railing
of 1 metre ht. 3.0m Width
Nos 2.00
A.2.3 Hire charges for providing Emergency Door - Push and open
type from inside including ramp of door width towards out.
Nos 4.00
A.2.4 Hire charges for providing Frisking platforms with carpet
(0.75x0.75x0.2m)
Nos 5.00
A.2.5
Hire charges for providing Galvanized 10 Gauge (3mm thick wire),
4inch Square Chain link fencing of height 2.4 mts, for the control
of visitors, stable & aesthetically good looking
Rmt 260.00
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A.3 Electrical Fixtures including necessary wiring
A.3.1 Hire charges for providing Pillar mounted fans Nos
40.00
A.3.2 Hire charges for providing exhaust fans Nos 6.00
A.3.3 Hire charges for providing Dome lights fittings Nos
70.00
A.3.4 Hire charges for providing Tube lights fittings Nos
50.00
A.3.5 Hire charges for providing Plug points Nos 75.00
A.3.6 Hire charges for providing Electrical geyser for Wusu hot
water with electrical connection.
Nos 4.00
A.3.7 Hire charges for providing Standby emergency lights Nos
40.00
A.3.8 Hire charges for providing Focus light / 250W halogen
fittings
Nos 15.00
A.3.9 Hire charges for Pedestal Fans Nos 10.00
A.3.10
Hire charges for providing PA Systems with Amplifiers 2+2 (with
back up) Outdoor and indoor speakers at required locations
including wireless mike and hands-free facility
Nos 2.00
A.4 Others:
A.4.1 Hire charges for providing Plastic chairs Nos 750.00
A.4.2 Hire charges for providing Tables (size 6'x2') /
specifically required size
Nos 50.00
A.4.3 Hire charges for providing Drums 200 litres Nos 2.00
A.4.4 Hire charges for providing plastic mugs & stools Nos
50.00
A.4.5 Hire charges for providing plastic buckets Nos 25.00
A.4.6 Hire charges for providing Fire Extinguishers of suggested
type with clips to hang etc.,.
Nos 40.00
A.4.7 Octonorm Counters for Customs & immigration of size 1m
x 0.5m x 1m ht including fascia at 2.4m
Nos 15.00
A.4.8 Octonorm table of size 1m x 0.5m x 0.75m ht Nos 20.00
A.4.9 Water Dispensers with hot and cold water dispensing
facilities and platform of 1 feet to raise the level.
Nos 10.00
A.4.10 Sofa set with center table (4 nos two seater and 1 no
three seater and 2 nos center table)
set 1.00
A.4.11 Hire charges for providing Q - Managers Nos 50.00
B VISITORS AREA:
B.1
Hire charges for Providing, installing and commissioning of
prefabricated structure along with Platform, General lighting, Fans
and Carpet for Hajj 2015 at BIAL as per the following (The internal
length & breadth will be measured for payment):
B.1.1
Pre-fabricated Super Structure of height 6mts, with false
flooring / raised flooring, with fire rated approved colour carpet
for all the area and Vinyl flooring for the toilet area for both
male and females with side covering using octonorm / suitable
partition
Sqm 750.00
B.1.2 Pre-fabricated Super Structure of height 3mts, for the
entrance canopy including side coverings
Sqm 18.00
B.1.3 Octonorm partition of height 2.4 mts including fascia for
all the room
Sqm 120.00
B.2 Ancillary facilities:
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B.2.1 Hire charges for providing Ramps with required slope and
made of stable & base platform with carpet 3 mts width and 6
mts length
Nos 2.00
B.2.2 Hire charges for providing Emergency Door Push and Open
type from inside :
Nos 2.00
B.3 Electrical Fixtures including necessary wiring
B.3.1 Hire charges for providing Pillar mounted fans Nos
25.00
B.3.2 Hire charges for providing Dome lights fittings Nos
40.00
B.3.3 Hire charges for providing Tube lights fittings Nos
20.00
B.3.4 Hire charges for providing Plug points Nos 20.00
B.3.5 Hire charges for providing exhaust fans Nos 2.00
B.3.6 Hire charges for providing Standby emergency lights Nos
20.00
B.4 Others:
B.4.1 Hire charges for providing Fire Extinguishers Nos
20.00
C GENERAL:
C.1 Electrical Fixtures with necessary wiring
C.1.1 Hire charges for providing halogen lamps to the car park
area and all-round the terminal
Nos 10.00
C.1.2 Hire charges for providing 6 KVA UPS for supporting
emergency lighting and working tables.
C.2 Others:
C.2.1 Hire charges for providing Fire Extinguishers near
electrical room / Panel
Nos 4.00
C.2.2
Hire Charges for providing the WC with suitable cabins /
cubicals and necessary fittings & Fixtures thereto including
required CPVC water line and PVC sewer line of sufficient size,
till the boundary of the temporary stuctrure.
Nos 24.00
C.2.3
Hire Charges for providing the Urinals with Partitions with
necessary fittings and fixtures thereto including required CPVC
water line and PVC sewer line of sufficient size, till the boundary
of the temporary stuctrure.
Nos 8.00
C.2.4
Hire Charges for providing the Wash Basins with Mirror and
necessary fittings and fixtures including required CPVC water line
and PVC sewer line of sufficient size, till the boundary of the
temporary stuctrure.
Nos 18.00
C.2.5 Signage:
C.2.5.1 Entrance arch signage box type (at the road entrance)
Nos 1.00
C.2.5.2 Entrance arch signage single side (at the terminal
entrance)
Nos 1.00
C.2.5.3 Hire charges for the flex banner showing the BIAL logo
and other printed matter and displays as given by BIAL with frame
& necessary fitting
Sqm 400.00
C.2.5.4 Fascia signage (letterings) Nos 30.00
C.2.5.5 Sun Board Directional / identification signage Nos
50.00
C.2.5.6 Sun Board Signages in 3 languages (size 3' x 2') Nos
30.00
Note: Vendor to use the energy efficient electrical fixtures
without compromising the required output, so that total loading to
the existing feeder pillar should be less than 80Ams per phase.
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ANNEXURE A
Letter of Undertaking Date: [Please insert] We, (Name of the
Bidder), hereby declare that, we have read and understood the terms
and conditions set-out under the RFP. The terms and conditions
therein are acceptable to us. We further declare that, there is no
pending/previous litigation against us, which would prevent us from
fulfilling the terms and conditions of the Agreement, in the event
BIAL awards the tender and executes the Agreement with us. We
further declare and confirm that, we are aware of the required
Licenses & Permits and clearances to be obtained for
undertaking our obligations pursuant to the Agreement, under the
Applicable Laws. We further declare and confirm that, we have never
been debarred or blacklisted by anybody, pursuant to any business
activity undertaken with them or, in relation to any participation
by us, in any tender called by them. Capitalized terms used herein,
shall have the meaning ascribed to them in the RFP. Authorised
Signatory of the Bidder Stamp
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ANNEXURE B Firm/Company Background Details
(a) Firm/Company History; (b) Promoters; (c) Existing
Shareholding Pattern; (d) Countries / Cities of Operations; (e)
Management Strategy; (f) Total Turnover for the last three years
supported by annual reports.
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ANNEXURE C
Documents to be furnished
Certified true copy of the:
a. Certificate of Incorporation; b. Memorandum & Articles of
Association c. Registration Certificate d. Partnership Deed (if
bidder is a partnership firm) e. Certificate of Registration of
Establishment issued by the Labour Department f. Copy Experience
Certificate g. Copy of customer satisfaction certificates; and h.
Copy of completion certificate i. Board resolution/Authorization
letter/power attorney issued in favour of the
authorised signatory, authorizing to represent and sing the
proposal/agreement.
BIAL reserves its right to demand any other additional
information that might be relevant for the evaluation of the
proposal, at a later stage.
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ANNEXURE D Financial Proposal
Sl. No Item Description Amount for the
year 2015 Amount for the
year 2016 Amount for the
year 2017
A
Hire charges for Terminal area including necessary facilities
mentioned in schedule II.7.A
B
Hire charges for Visitors area including necessary facilities
mentioned in schedule II.7.B
C
Hire charges for General items as mentioned in schedule
II.7.C
Applicable taxes ( )
Luxury tax if any ( )
TOTAL AMOUNT (in INR)
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Annexure E Labour Law Compliance
1. Labor License If the contractor is deploying 20 & more
workers on any day for the execution of
contract at Airport, such Contractor has to apply for Labor
License for the required number of employee to the Assistant Labor
Commissioner (Central), Bangalore and submit acknowledgement copy
to BIAL before start of the awarded contract work.
2. Compliance under Building & Construction Workers Welfare
Act If the contractor is deploying 10 & more workers on any day
for the execution of any
construction related / civil contract work at Airport, The
contractor has to register under the BOCWW Act with the Central
Labour Dept. The contractor has to enroll the workers as
beneficiaries with State Labour Dept., and
get them beneficiary cards. The contractor has to pay 1% of cess
on the entire construction to the BOCCWW Board.
3. ESIC The Contractors labor should be covered under ESIC from
day one. 4. EPFO The Contractors labor should be covered under the
EPFO scheme from day
one. 5. Minimum Wages The Contractor should comply with the
minimum wages as notified by the Central
Labor Department from time to time (to be revised in every April
& October). 6. Payment of Wages Payment of wages to labours
should be made on or before 7th of every month in the
presence of BIALs representative who shall witness and certify
the same. 7. Statutory Bonus/ Gratuity The Contractor shall pay
bonus as well gratuity to eligible
employees as per the Act. 8. Equal Remuneration for male and
female workers doing the same/similar work. 9. Prohibition of child
labour - The Contractor should not employ any workers below the
age of 18 years. 10. The Contractor should issue employment
card/appointment letter to all workmen. 11. Registers / Records The
Contractor should maintain attendance register, wages register,
register of
workmen, advance register, fines register, over time register,
leave register, Form-D, etc., in the formats as prescribed by
Central Labor Department.
12. The Contractor should display all applicable labor abstracts
and notices as required Central Labor compliance.
13. Over Time wages should be paid on gross wages for labours
who have put in more than 9 hours in a day or 48 hours in a week at
double the rate (not exceeding 50 hours in a quarter).
14. Weekly Holiday 1 full day with wages for every six days
worked. 15. Leave with wages 15 days per annum. 16. National and
Festival Holidays 10 days per annum (submit list of holidays during
the
start of the term). 17. Working hours should not exceed 9 hours
in a shift (including spread hour/break). 18. Extend adequate
welfare and safety measures for workers as required under the
Contract Labour Act. (BIAL has built a full-fledged Canteen
facility for the benefit of Contract Agencies to extend canteen
provision to their Workers inside the premises of Airport. Contract
Agencies are requested to make use of it).
19. The Contractor should submit records & details to BIAL
for any internal audits as and when called for.
20. If the Contractor is having his corporate office / head
office in other state and having an employer PF Code other than
Karnataka, then he has to apply and obtain a PF-Sub Code from the
Regional PF Commissioner-I, Bangalore for Karnataka operation.
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21. The contractor should employ adequate number of Supervisors
at site to control and
supervise the workers deployed for execution of the contract
work as per the contract scope agreed with BIAL.
22. The contractor should observe and comply with all the
guidelines and provisions of state and central labour departments
with respect to the employment of women.
23. The contractor should comply, remit all statutory deductions
made from the works together with his contribution to the
respective authorities within the stipulated timelines and furnish
a copy of the same along with the Invoice to BIAL.
24. Apart from the compliance guidelines mentioned herein, the
contractor shall observe, and comply with all labour laws
applicable to the execution of contract work so awarded by BIAL
& indemnify BIAL against any notices, charges, penalties and
liabilities.
25. Form-V If the contractor is deploying 20 and more workers,
he has to obtain labour licence from central labour Department. In
such case, the Contractor shall submit a written request to BIAL
for issue of Form-V, to obtain labour licence, along with the
following documents: 1) Purchase Order copy along with cost sheet.
2) Contract Agreement copy 3) Request letter by the Agency for
issue of Form-V, enclosing the following
documents :
a) Registration certificate of establishment under appropriate
authority (Shops Act / Factories Act/ Companies Act.) as the case
may be.
b) PF Registration certificate of the Agency. c) Registration
certificate under ESIC scheme or copy of Workmen Compensation
Policy insuring the proposed labours, by the Agency. d)
Workmen/Employees Compensation Insurance Policy copy for having
covered all
the labours to be deployed for execution of contract at BIAL
premises. e) Profession Tax registration certificate of the
Agency.
4) Declaration letter by Agency giving status of any cases with
any Labour Department / Court, PF Department, ESIC Department and
any Court of Law or with any Government Authorities in India.
5) Declaration letter by Agency stating prohibition of child
labour deployment. 6) Declaration letter by Agency giving details
of any workers Trade Union exist in the
organization. 7) Name, Designation, email ID, Postal Address and
Contact Number of MD/Proprietor
and Site in charge 8) Name, Designation, email ID, Postal
Address and Contact Number of the official
who handles labour/ HR statutory compliances. 9) If the Agency
to whom the contract is awarded is engaging another Agency
(sub-
contractor) for any of the services, following documents shall
be submitted : a) Approval letter from BIAL for engaging
sub-contractor. b) Agreement / work order executed between the
contractor & sub-contractor. c) Documents mentioned in serial
number 3 to 8 above, pertaining to sub-
contractor.
10 Details of workers to be deployed for the execution of
contract work at BIAL site (to be emailed in the attached data
format) within 15 days of commencement of work.