Tender ATR 72-600 Component Support_AASL

Transcription

Airline Allied Services Limited
Tender
for
Appointment of Service
Provider(s)
to Provide Integrated Support
for
ATR 72-212A (600 version)
Aircraft Components
on Lease Basis
Page 1 of 69
DISCLAIMER
The information contained in this tender document (the “Tender”) or subsequently provided to
Bidder(s) whether verbally or in documentary or any other form by or on behalf of AASL, is under the
terms and conditions set out in this Tender and such other terms and conditions subject to which such
information is provided.
This Tender is neither an agreement nor an invitation by AASL to the Bidder(s) or any other person.
The purpose of this Tender is to provide interested parties with information that may be useful to them
in making their technical and financial offers pursuant to this Tender. Each Bidder should, therefore,
conduct its own investigations and analysis and should check the accuracy, adequacy, correctness,
reliability and completeness of the assumptions, assessments, statements and information contai ned
in this Tender and obtain independent advice from appropriate sources.
AASL makes no representation or warranty and shall have no liability to any person, including any
Bidder under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment
or otherwise for any loss, damages, cost or expense which may arise from or be incurred or suffered
on account of anything contained in this Tender or otherwise, including the accuracy, adequacy,
correctness, completeness or reliability of this Tender and any assessment, assumption, statement or
information contained therein or deemed to form part of this Tender or arising in any way in the Tender
process.
AASL also accepts no liability of any nature whether resulting from negligence or otherwise
howsoever caused arising from reliance of any Bidder upon the statements contained in this Tender.
AASL 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 Tender. AASL reserves
the right to accept or reject in whole or in part, any or all of the Bids without assigning any reason(s)
whatsoever.
Any information / documents including information / documents pertaining to this Tender or
subsequently provided to Bidder(s) and/or the Selected Bidder and information / documents relating to
the Tender process; the disclosure of which is prejudicial and/or detrimental to, or endangers, the
provision / implementation of Public Relation services to be provided to AASL pursuant to this Tender
is not subject to disclosure as public information/ documents.
Page 2 of 69
Tender for appointment of Service Provider(s) to provide integrated support for ATR 72-212A
(600 version) aircraft Components on Lease basis
INTRODUCTION AND GENERAL DETAILS
Tender Ref: AASL/ATR72-600/TENDER-2016/076
19th February, 2016
Tender for appointment of Service Provider(s) to provide integrated support for ATR 72212A (600 version) aircraft Components on Lease basis
1.
INTRODUCTION
Airline Allied Service Ltd. (hereinafter referred to as “AASL” or “Alliance Air”), having its
registered office at Old Lufthansa Hanger Building (Adjacent to ED-NR office), IGI Airport,
Terminal-1, New Delhi 110037, incorporated under Indian Companies Act 1956 and a wholly
owned subsidiary of Air India Ltd., the national carrier airline of India which is fully owned by the
Government of India under administrative control of Ministry of Civil Aviation, operates with the
brand “Air India Regional” operating domestic flights within India.
AASL is currently having a combined fleet of 11 aircraft. AASL has a fleet of five new ATR
72-212A (600 version) aircraft, which may be increased from time to time. AASL is already in the
process of inducting 3 additional new ATR 72-212A (600 version) aircraft within next 3 months
(collectively referred to as the “Aircraft”).
2.
PURPOSE OF TENDER
Some of the components fitted on the Aircraft are required to be placed at AASL
premises as home base items, (hereinafter referred to as the “Components”), to fulfill the
scheduled/unscheduled requirements.
The purpose of this document is to present the requirements of AASL and to invite
Technical and Commercial proposals under the two-bid tender process, from Bidders who
specialize in Aircraft parts supply and support, for selection of the Service Provider(s), which shall
be responsible to offer comprehensive support for such of the identified “Components” of the
Aircraft, as per the terms and conditions mentioned at Annexure ‘B’ (hereinafter referred to as
the “Service Provider(s)”). The core intent of the appointment of the Service Provider(s) is to
provide integrated support for the Components on lease basis, is to ensure the availability of
such identified “Components” in the desired quantity, at all times including the
scheduled/unscheduled requirements of AASL.
The proposed contract shall be effective from the date of signing of contract, for
placement of the “Components” in AASL premises and its management thereof and the term of
the proposed contract shall be 10 years, extendable by another 2 years thereafter at the sole
discretion of AASL and subject to satisfactory performance of the Service Provider(s)during the
contract period.
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Offers are invited, under the Two Bid System, from the interested parties who have the
competence to provide a total integrated (including logistic support) support for the
components detailed herein. Interested Bidders may submit their offer, in two separate sealed
envelopes, as is required of the two bid tender system.
This Tender is in a two bid system i.e. 1- Technical Bid and 2- Commercial Bid. The first envelope should
be super-scribed with the Tender reference number and be marked as “Technical Bid - Tender for
Appointment of Service Provider(s) to Provide Integrated Support for ATR 72-212A (600 version)
Aircraft Components on Lease Basis” and should contain only the technical details. The second envelope
should be super-scribed with the Tender reference number and be marked as “Commercial Bid - Tender for
appointment of Service Provider(s) to provide integrated support for ATR 72-212A (600 version) aircraft
Components on Lease basis” and should contain the Commercial offer only. The Bidders are required to
submit their Bids in two different sealed / closed envelopes, clearly identifiable, as follows:
S. No
1
2
Contents
Marking on the envelope
Technical Bid – Covering Letter
(Annexure E) with responses
consisting of Annexures – F, G, J & K,
as well as the EMD.
Technical Bid - Tender for appointment of Service Provider(s)
to provide integrated support for ATR 72-212A (600 version)
Aircraft Components on Lease basis.
Ref. No: AASL/ATR72-600/TENDER-2016/076 dated 19th Feb,
2016
Commercial Bid – Covering Letter Commercial Bid - Tender for appointment of Service
(Annexure
H)
with
response Provider(s) to provide integrated support for ATR 72-212A
consisting of Annexure – I
(600 version) Aircraft Components on Lease basis.
Ref. No: AASL/ATR72-600/TENDER-2016/076 dated 19th Feb,
2016
The above two envelopes should be submitted in another Master Envelope in sealed / closed condition.
The Master envelope should be super-scribed with Tender reference no. AASL/ATR72-600/TENDER-2016/076
dated 19th Feb, 2016, with the Tender name mentioned as “Tender for appointment of Service Provider(s)
to provide integrated support for ATR 72-212A (600 version) Aircraft Components on Lease basis”
and the closing date of the Tender, along with the Bidder’s company name, e-mail ID and Contact Person's
name.
The Master Envelope should be sealed / closed, addressed and submitted at the following
address on or before the closing date and time:
Executive Director (Engg.)
Alliance Air
Old Lufthansa Hanger Building (Adjacent to ED-NR office),
IGI Airport, Terminal-1, New Delhi 110037
Tel: + 91 11 25675654
E-mail: [email protected]
Following is the schedule for the Tender:
Page 4 of 69
Tender No & Date of Issue:
AASL/ATR72-600/TENDER-2015/076 dated 19th Feb, 2016
Closing date / time of tender:
11th Mar, 2016 at 1400hrs
Date and time of opening of Technical Bids:
11th Mar, 2016 at 1400hrs
The Bidder’s queries, if any, may be addressed to the following officials by e-mail:
For Commercial Information:
J S Dahiya
AGM (MM)
Air India Ltd. Safdarjung Airport
New Delhi
Phone +91 11 24623819
Email: [email protected]
For Technical Information
Mr. Jagdish Soni
Executive Director (Engg)
Airline Allied Services Ltd.
Adjacent to Office of Executive Director
(North),
Air India Ltd., Domestic Terminal-1, IGI
Airport,
New Delhi – 110037
[email protected]
Mobile No. : +919818648658
Phone: +911125675654
The Bidders, or their authorized representatives, would be permitted to attend the opening of
the Bids. The representatives must carry a letter of authority from the authorized signatory of the
Bidder, authorizing them to attend the Bid opening, failing which they will not be permitted to
participate in the Bid opening process. The name(s) of the representative(s) may also preferably be
directly sent to AASL in advance of the date of opening of the Bids by e-mail to the id:
[email protected].
Amendments, corrigendum & clarifications, if any, to this Tender will be hosted on the web site
of AIR INDIA (www.airindia.in) and no separate NIT would be issued in the newspapers or be
communicated to the Bidders individually. AASL will also not intimate the Bidders individually of the
same. The Bidders are, therefore, advised to visit the Air India web site regularly till the date of closing
of the Tender. The last amendment, if any, will be hosted a minimum of seven days before the closing
date of the Tender. However, any substratum changes as well as changes in due dates and extensions,
if granted under this Tender, would be hosted on the Air India website/tenders page and the requisite
NIT thereof would also be issued.
Bidders may note that the commercial offers of only those Bidders would be opened, who
qualify in the technical evaluation exercise and the lowest evaluated commercial offer would be
adjudged as the L-1 offer
Yours faithfully,
Alliance Air
Page 5 of 69
(600 version) aircraft Components on Lease basis
TABLE OF CONTENTS
Tender Reference No: AASL/ATR72-600/TENDER-2016/076
S. No
Annexure
1
2
3
4
5
6
A
B
C
D
7
E
8
F
9
10
G
H
11
I
12
J
13
K
Dated: 19th February, 2016
Details
Page Nos
Introduction and General Details
Table of contents
Terms and conditions governing the Tender
Pre-qualification (‘PQ’) criteria for the Tender
Functional requirements for the Tender
List of components for leased ATR 72-212A (600 VERSION)
Aircraft
Covering letter for submission of Technical Bid
(On Bidder’s Letter Head)
Company profile and Technical information
Technical Bid Response – Bidder compliance to PQ criteria
Covering letter for submission of Commercial (Price) Bid
Commercial (Price) Bid
Variance Statement
Integrity Pact
3–5
6
7 - 19
20 – 22
23 - 27
28 – 31
32 – 33
34 – 35
36 – 38
39
40 - 48
49
50 – 69
Yours faithfully,
Alliance Air
Page 6 of 69
(600 version) Aircraft Components on Lease basis
TERMS AND CONDITIONS GOVERNING THE TENDER
Annexure - A
Tender for appointment of Service Provider(s) to provide integrated support for ATR 72212A (600 version) Aircraft Components on Lease basis
Dear Sirs,
1.
interested Bidders are requested to note the following important dates and events concerning
the Tender:
EVENTS
DATES
Date of Tender
19th Feb, 2016
Last date of submission of Bids
11th Mar, 2016 upto 1400hrs.
Date of opening of Technical Bids
11th Mar, 2016 at 1400hrs.
The purpose of this document is to present the requirements of AASL and to invite
Technical and Commercial proposals under the two-bid tender process, from Bidders who
specialize in Aircraft parts supply and support, for selection of the Service Provider(s), to offer
comprehensive support for such of the identified Components of the Aircraft, as per the terms
and conditions at Annexure ‘A’. The core intent of the appointment of the Service Provider(s) is
to ensure the availability of identified Components in the desired quantity, at all times of
scheduled/unscheduled requirements of AASL.
placement of the “Components” in AASL premises and its management thereof and the term of
the proposed contract shall be 10 years, duly extendable by another 2 years thereafter, subject
to satisfactory performance during the contract period.
The complete Tender document detailing the technical details and the proforma for submission
of Technical and Commercial Bids can be downloaded from the link “Tenders” of the Air India
website www.airindia.in
2.
Submission of Bids:
Sealed quotations are to be submitted in a Two-Bid system (Technical Bid and Commercial Bid
separately) as per the following Details:
2.1 Technical Bid (Envelope – I):
Page 7 of 69
Bidders are required to submit the Technical Bid in a sealed envelope (Envelope –
I),super scribed on it “TECHNICAL BID for tender reference AASL/ATR72-600/TENDER2016/076 dated 19th Feb, 2016,Tender for appointment of Service Provider(s) to
provide integrated support for ATR 72-212A (600 version) Aircraft Components on
Lease basis”, the Tender name and the due date of the Tender. The Technical Bid
envelope should also indicate the Bidders name and address for easy identification.
The Technical Bids of the Bidders must contain the following:
Bidders’ response consisting of the Covering letter (Annexure-E), along with AnnexuresF, G, J & K.
Earnest Money Deposit (hereinafter referred to as “EMD”): The EMD of USD 5000 must
be enclosed along with the Technical Bid only. The EMD is to be submitted by way
of Wire Transfer / bank draft / pay order / banker’s cheque drawn in favour of “Airline
Allied Services Limited”, payable at New Delhi. No other mode of payment is
acceptable. In case EMD is not found attached, or not submitted in the mode specified,
or a valid proof of exemption not submitted, such Bid shall be rejected as nonresponsive.
Bidders are also required to submit the signed Integrity Pact document (Annexure-K), in
agreement of all the conditions therein.
2.2 Commercial Bid (Envelope –II):
Bidders are required to submit the Commercial Bid in a sealed envelope (Envelope –
II),super scribed on it “COMMERCIAL BID for tender reference AASL/ATR72600/TENDER-2016/076 dated 19th Feb, 2016, Tender for appointment of Service
Provider(s) to provide integrated support for ATR 72-212A (600 version) Aircraft
Components on Lease basis”, the Tender name and the due date of the Tender. The
Commercial Bid envelope should also indicate the Bidders name and address for easy
identification.
The Commercial Bid must conform to the following:
The Bidder is to submit their best and firm offers as per the format enclosed at
Annexure-I.
Rates should be strictly quoted in the format as given at Annexure-I and must be
inclusive of all functional requirements mentioned at Annexure-C.
Unconditional discounts, if any, should be clearly indicated, and would be applied to the
quoted offer price during evaluation. Conditional discounts, if offered, will not be
considered for evaluation purposes.
2.3
Final submission of the Bids:
Page 8 of 69
THE TWO SEALED COVERS i.e. ONE SEALED COVER FOR THE TECHNICAL BID (ENVELOPE –I),
AND ANOTHER SEALED COVER FOR THE COMMERCIAL BID (ENVELOPE –II) SHOULD BE
FURTHER PLACED IN A SEALED MASTER ENVELOPE. MASTER ENVELOPE SHOULD BE
SUPERSCRIBED WITH THE TENDER REFERENCE NO., TENDER NAME AND THE DUE DATE OF
TENDER.THE BID ENVELOPE SHOULD ALSO INDICATE THE BIDDER’S NAME AND ADDRESS FOR
EASY IDENTIFICATION.
THE BIDDERS BID DOCUMENT SHOULD BE SUBMITTED AT THE FOLLOWING ADDRESS LATEST BY
1400 HRS ON 11th Mar, 2016.
Alliance Air
Tel: + 91 11 25675654
E-mail: [email protected]
2.4
Contact Details for clarifications.
Bidders may ask for clarifications regarding details mentioned in this document via emails until three days prior to the close date of the Tender. Only those queries would be
accepted which would be received by AASL through e-mails. The Bidders shall address
such emails to the Executive Director (Engineering), AASL at: [email protected]
3.
Bid Submission requirement, Tender Opening and the evaluation process:
The due date of opening of the Technical Bids has been fixed for 11th Mar, 2016 at 1400
hrs IST. On this designated due date and time of opening of Bids, i.e. 11th Mar, 2016, at
1400hrs. only the Technical Bids would be opened.
The Bidders, or their authorized representatives (only one person), would be permitted
to attend the opening of the Bids. The representative must carry a letter of authority
from the authorized signatory, authorizing them to attend the Bid opening, failing which
they will not be permitted to participate in the Bid opening process.
3.1.
Bidders must submit both their Technical Bid and Commercial Bid response, through
signed HARD copy only, in sealed condition, by the due date and time.. In case the
Commercial Bid and the Technical Bid are enclosed in the same envelope instead of in
two separate sealed envelopes, the Bid shall be rejected. The Bids submitted through
E-mail, Fax etc. will not be considered for evaluation.
3.2.
On the date of opening of the Bids only the Technical Bids would be opened, and the
Commercial Bids would be kept in the custody of AASL in the same sealed covers as
received from the Bidders.
3.3.
The Bidders should sign on all pages of the Technical Bid and the Commercial Bid. All
the relevant pages of the Bids should be numbered as “page xx of xx”
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3.4.
The blank pages, if any, should be marked as “Intentionally left blank”.
3.5.
The Technical Bid should not contain any indication of the price. In case an indication of
the price quoted is included in the Technical Bid, the quotation will be rejected without
any reference to the Bidder. No correspondence will be entertained in this regard.
3.6.
The price quoted should remain valid for acceptance for a minimum period of 120 days
from the date of opening of the Technical Bids. However the validity of the Bid must be
extended as required, upon request from AASL to enable completion of the evaluation
of the Bids and finalization of the successful Bidder.
3.7.
The Bids should be neatly presented. Corrections, if any, should be duly authenticated
with full signature of the authorized person who is signing the Bid, failing which the Bid
is liable to be rejected.
3.8.
AASL reserves the right to accept / reject any / all Bids, in whole or in part, and/or annul
the Tender process, without assigning any reason(s) whatsoever or without any liability
thereto.
3.9.
AASL reserves the right to award the contract(s) to one or more successful Bidders.
3.10.
Amendments, corrigendum & clarifications, if any, to this Tender will be hosted on the
web site of Air India (www.airindia.in) and no separate NIT would be issued in the
newspapers. AASL will also not intimate the Bidders individually of the same. The
Bidders are, therefore, advised to visit the Air India web site regularly till the date of
closing of the Tender. The last amendment, if any, will be hosted a minimum of seven
days before the closing date of the Tender. However any substratum changes as well
changes in due dates and extensions if granted to this Tender would be hosted on the
Air India website/tenders page and the requisite NIT thereof would also be issued.
3.11.
The Commercial Bids of only those Bidders, who qualify in the Technical Bid evaluation,
would be opened at a later date, which would be notified in advance to the shortlisted
Bidders.
3.12.
In the event of default by the Service Provider(s), AASL reserves the right to cancel the
contract and to claim damages from the Service Provider(s), and also reserves the right
to award the contract to another party at the sole cost and risk of the Service
Provider(s).
3.13
Details regarding the Technical & Commercial Bid response and submission.
A)
Technical Bid:
This consists of two parts - one part consists of Company profile and technical
information, regarding the Bidder at Annexure ‘F’ and the second part consists of the
pre-qualification criteria at Annexure ‘G’. Bidders are required to submit complete
detailed information about itself duly supported by related documentation for both
Annexure ‘F’ and Annexure ‘G’. However for the Pre-qualification / Eligibility criteria at
Annexure ‘G’, the Bidders are required to meet the eligibility criteria mentioned in
Page 10 of 69
Annexure ‘G’. In case Bidders fail to meet the criteria mentioned in Annexure ‘G’, their
bids are liable to be disqualified.
B)
Commercial Bid:
The Bidders are required to submit their best and firm commercial offer at Annexure-I,
in the same format enclosed herewith. The Bidders while submitting their Bids must
study the various notes in the Annexure ‘I’ and confirm compliance to all the
requirements thereof.
3.14
Evaluation criteria for the Technical Bids, Commercial Bids & method of arriving at L-1
Bidder.
I.
Technical Bid:
The Technical Bids submitted would be evaluated to verify and assess the suitability and
compliance of the Bidder as to whether the applicant to the Tender has the required
capability, capacity and / or expertise to provide the required services under this
Tender. It may be noted that all those Bidders who fully and unconditionally meet all of
the Eligibility criteria listed at Annexure – G, would be declared qualified in the technical
evaluation process.
(i)
(ii)
(iii)
All the offers received would be evaluated based on their response to the PQ
criteria and the response to the company profile and technical information. All
the conditions indicated as “MANDATORY” conditions in the Pre-Qualification
Criteria (Annexure – G) response format, are to be replied by the bidders alongwith the supporting documents thereof.
The Bidder must also have submitted the requisite EMD amount of USD 5000/only, as per the clause 4 of Annexure ‘A’.
The Bidder must submit the signed Integrity Pact document (Annexure-K) alongwith the Technical Bid response in order to qualify the technical evaluation.
Any exceptions, conditions, covenants or qualifying remarks submitted by the Bidders shall make
the bids liable to be rejected.
AASL reserves the right to seek additional information / clarification from the Bidders in support
of its Technical Bid as well as to confirm the authenticity of the documents or to seek
clarifications from the concerned authorities for compliance with the requirements, without
making any reference to the Bidders. AASL also reserves the right to seek documents /
information / clarifications from the Bidders as it may deem necessary for the purpose of
evaluation of the Technical Bids, to determine their suitability or otherwise for this Tender.
The verification of the information submitted by the Bidder through a site visit, if required by the
Technical Committee may also be the part of the Technical Evaluation.
II Commercial Bid:
The Commercial Bids of only those Bidders, who qualify and are short listed on
evaluation of their Technical Bids, would be opened. The date and time of opening of
the Commercial Bids would be intimated in advance to the Bidders who have qualified
Page 11 of 69
in the Technical Bid evaluation, and they or their authorized representatives only,
would be permitted to participate in the opening of the Commercial Bids. The
Commercial Bids would be evaluated as per stated evaluation criteria at para 3.15
below.
3.15
Method of evaluation of Commercial Bids and arriving at L-1 offer
Bidders are required to offer their best and firm rates for the unit rates of all the
components listed in Annexure-‘D’. as well as the lease charge (%), standard exchange
(%) and the capping of repair charges (%) in the specified format for Commercial Bid at
Annexure-I.
LOADING for variation in payment terms:
AASL desires that all Bidders agree to the stated payment terms. In case of fixed lease
charges, payment shall be made on or before the due date, on monthly basis, on receipt
of invoice at least 45 days prior to the due date. In case of other charges, payment shall
be made after 45 days of receipt of invoice.
The offers from the Bidders would be evaluated and computed for the TOTAL VALUE OF
COMPONENTS OFFERED &average % offer for Lease charge (Annual %), standard
exchange (%) and capping on repair charge (%).The cumulative sum of all these charges
would be the FINAL VALUE of the offer for each of the Bidders quoted offer.
The sample method of evaluation is as demonstrated below:
S/
No
1
Details
5
Total stock value of all 164 items
Annual Lease charge - % of unit rate averaged for all items say at quoted rate of 10%
(100000 X 10%)
Standard Exchange charge - % of unit rate averaged for say n items exchanged of
value USD 40000 at say quoted rate of 10% (40000 X 10%)
Capping of repair charge - % of unit rate averaged for n items repaired of value USD
40000 at say quoted rate of 20% (40000 X 20%)
Total package value of all 164 items (2+3+4)
6
FINAL VALUE OF THE OFFER
2
3
4
Value (assumed)
USD 100000
USD 10000
USD 4000
USD 8000
USD 22000
USD 22000
NOTE: No upfront payment is to be paid by AASL. However, if any Bidder requires any
upfront payment (other than three months security deposit), then loading @ 18% per
annum shall be done to arrive at the FINAL VALUE OF THE OFFER which will then be
compared with the other Bidders.
The L-1 offer from amongst all the total offers received would then be decided based on
the lowest FINAL VALUE offer evaluated by AASL as mentioned above.
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3.16 Variation:
AASL expects that the prospective Bidders submit no variations from the terms specified in
the Tender document and/or non-acceptance of the General Terms & Conditions or the
work-scope specified in this Tender document. However in the unlikely event of certain
variation, the same may be stated clearly in the Annexure - J which is required to be
enclosed in the technical Bid submitted in response to this Tender. The Bidders are
requested to note that non-compliance to any of the eligibility criteria stated at AnnexureB / Annexure – G would lead to disqualification of their Bids.
3.17. The Bidder(s) shall bear all costs associated with or relating to the preparation and
submission of its Bid including but not limited to preparation, copying, postage, delivery
fees, expenses associated with any demonstrations or presentations which may be
required by AASL or any other costs incurred in connection with or relating to its Bid. All
such costs and expenses will remain with the Bidder and AASL shall not be liable in any
manner whatsoever for the same or for any other costs or other expenses incurred by a
Bidder in preparation or submission of the Bid, regardless of the conduct or outcome of
the Tender process.
4.
Earnest Money Deposit / Security Deposit:
4.1 Earnest Money Deposit.
4.1.1.
The Bidders are required to pay an Earnest Money Deposit (EMD) of USD 5000/(United States Dollar Five Thousand Only), in the form of Wire transfer / demand draft /
pay order / banker's cheque drawn in favour of “Airline Allied Services Limited”. The
proof of wire transfer of the EMD amount must be submitted along-with the hard copy
of the Technical Bid, in the sealed technical Bid envelope.
Please note that AASL requires copy of ‘confirmed transfer’. Copy of ‘applied’ or
‘pending transfer’ shall not be accepted and such Bids shall be rejected as nonresponsive. EMD in USD may be remitted to the following bank account.
Name of beneficiary
PAN
Name of the Bank
Address
: AIRLINE ALLIED SERVICES LIMITED
: AAACA15178
: PUNJAB NATIONAL BANK
: DELHI CANTT., DELHI-110010
Account Number
MICR Code
IFSC Code
SWIFT Number
: 0112005900000017
: 110024006
: PUNB0011200
: PUNBINBBISB
4.1.2
EMD shall be interest free.
4.1.3
EMD of the unsuccessful Bidders will be refunded within 60 days after completion of
the Tender process and after the award of the contract to the successful Bidder(s).
4.1.4
EMD of the successful Bidder(s) will be returned upon signing of the contract.
Page 13 of 69
4.1.5
EMD will be forfeited in the event of Bidder withdrawing or modifying their Bid or not
honoring their commitment made in their Bids after opening of the Bids or the
successful Bidder declining to accept the LOI and/or execute the contract.
4.2
Security Deposit
Security Deposit in the form of a Standby Letter of Credit (SBLC), equivalent to three
months lease rent, shall be provided by AASL to the successful Bidder within 10
business days of execution of the contract.
5.
Invoices, Billing and Payment:
5A
Invoices/Supporting Documents:
i)
ii)
Invoices under various heads will be raised separately.
The individual invoices could be related to the Lease / standard exchange/ repairs /
conversion from lease to sale/sale etc.
iii) The payments will be transferred by wire transfer to the successful BIDDER’s bank
account for which details must be provided in the company’s profile at Annexure ‘F’.
iv) For Tax deduction at Source(TDS) / Withholding Tax liabilities under Indian Income tax
laws for the non-resident bidding entity, the Bidder has to undertake to provide the
following declarations/documents to AASL:
a) Indian PAN (Permanent Account Number) of the Lessor, issued by Indian Income
Tax authorities, under Section 206AA of the Indian Income Tax Act of 1961, would
be required to be provided / obtained by the successful Bidder on receipt of LOI
and should be produced at time of execution of the Contract.
In case the non-resident foreign Bidder does not provide such Indian PAN, TDS
applicable as per Indian Laws would be deductible from the amounts payable for
which tax deducted certificates in the applicable forms as per Indian Income tax
laws would be provided by AASL to the selected entity.
b) Tax Residency Certificates from the local authorities where Lessor is resident and
assessed for income and such required forms, such as Form 10(F) as per Indian
Income tax rules would be mandatorily required to be obtained by the successful
Bidder on receipt of LOI and should be produced at time of execution of the Lease
Agreement. Such tax residency certificate has to be obtained and provided to AASL
for every year during the contract considering that the Indian tax laws recognize
financial and accounting year beginning from 1st April and ending on 31st March.
c) No Permanent Establishment (PE) Certificate: In the addition to the above
documents, the successful Bidder would periodically be required to provide a No
Permanent Establishment certificate to declare/undertake that they do not have
any office/business establishment in India.
v) For Service Tax liabilities:
Service Tax Registration No. of the Successful Bidder, issued by Indian Service Tax
authorities, would be required to be provided / obtained by the successful Bidder on
receipt of LOI and should be produced at time of execution of the Lease Agreement as
Page 14 of 69
the applicable service tax, presently @14.5%, is a liability of the Service Provider and
the same would be required to be deposited with the relevant Indian service tax
authorities in India by such selected entity.
vi)
Royalty charges by the Airport operator DIAL:
The components listed herein are for storage in AASL’s Line Maintenance Stores at T-3,
IGIA, New Delhi which would be manned on 24X7 basis by the manpower provided by
the proposed Service Provider(s).This would therefore attract the Royalty Charges
currently levied @ 13% by DIAL which would be applicable on all the services rendered
by the Service Provider(s). Such charges would be borne by the Service Provider(s) only,
but would be reimbursed by Alliance Air upon being invoiced on a monthly basis by the
Service Provider(s) along-with the other applicable charges.
5B
Billing:
In case of fixed lease charges invoice is to be given at least 45 days prior to the due
date. The Billing Cycle shall be monthly in arrears basis for exchange/ repair items.
Exchange/Repair Invoices to be submitted at the close of each month. Such invoices will
be supported by individual invoices (for repairs carried out) wherever so along with any
other required document for the transaction during the month.
5C
Payment:
i)
In case of fixed lease charges, payment shall be made on or before the due date, on
monthly basis, on receipt of invoice at least 45 days prior to the due date. In case of
other charges, payment shall be made after 45 days of receipt of invoice and all
supporting documents.
ii) No Advance payment shall be made by Alliance Air for invoices raised.
iii) Payment will be made through wire transfer.
iv) The Service Provider(s) to note that the payments are subjected to conditions specified
at 5A-iv (a), (b), (c) and 5A-v, as above.
v) All payment shall be done in USD.
5D
i)
6.
No Upfront payment:
There will be no upfront payment, other than providing the security deposit in the form
of SBLC, as per clause 4.2 mentioned above.
Delivery of Components during initiation:
The project should start immediately from the date of signing of contract and the entire
list of components must be positioned on the shelf at AASL Delhi, within 30 calendar
days after signing of contract. The Bidders are required to submit a firm commitment to
comply with the above delivery schedule.
7.
Price, Contract Validity and Extension:
Page 15 of 69
7.1
The validity of the contract would be from the date of signing of contract and the term
of the proposed contract shall be 10 years, duly extendable by another 2 years
thereafter, subject to satisfactory performance during the contract period and each
extension as decided.
7.2
The prices shall remain firm for tenure of the contract of 10 years. No request for
increase in price shall be entertained during this period. Since the contract is duly
extendable by another 2 years thereafter, subject to satisfactory performance during
the contractual period, all the terms and conditions including rates / financial terms of
the contract would also be maintained during the extension period.
7.3
In case of decrease in government duties/taxes/levies if any, either by the government
of the country of origin of the services rendered or by the Government of India, the
benefit of the same shall be passed on to AASL during the period of the contract.
7.4
In case of increase in government duties/taxes/levies or introduction of any new taxes
by the government during the period of the contract, the burden of the same may be
borne by AASL if mandated by law and requested by the Component Service Provider.
However such request will be considered only if it is substantiated with copies of valid
documentary proof.
8.
Penalties:
8.1.
The essence of the contract is to ensure continued availability of all the items listed at
Annexure ‘D’ at all times. For non-maintenance of the desired quantity/no. of items,
Bidders must note that lease charges shall not be paid for those components that the
Service Provider(s) is not able to make available on the shelf for the duration till its
availability is confirmed. In addition, a penalty equivalent to 50% of the lease charges
shall be levied by AASL for the period during which the item was not provided by the
service provider to AASL.
8.2
The standard exchange charges would be due upon receipt of the exchange item by
AASL from the Service Provider(s). However, the payment shall only be made, if the
replacement component is shipped within a time period of 72 hours from the repair
facility, otherwise the same shall not be payable.
8.3
AASL further reserves the right to cancel the contract in the event of continued delay in
providing services and also reserves the right to issue a fresh contract to any third party
at the sole cost and risk of the Service Provider(s).
9.
Subcontracting:
No subcontracting or delegation or outsourcing of any of the main activities of the
Service Provider(s) to any entity other than the Service Provider(s) would be
permissible. The Bidder shall not sub-contract, or delegate or outsource any of the
activities of the project to a third party, without the prior written consent of Alliance
Air. The Bidder shall not be permitted to assign any part of the proposed contract in
favor of any third party. For the avoidance of doubt, any such assignment or
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subcontract entered into by the Service Provider(s), shall be deemed to be void and
shall make the contract liable to be terminated at the sole discretion of AASL.
10.
Integrity Pact:
All Bidders are required to sign the integrity pact attached herewith as Annexure – K
and submit the same as their technical response along with the pre-qualification Bid.
Failure of a Bidder to sign and provide the same to AASL along with its Technical Bid,
would render such Bid of the respective Bidder non-responsive and the same shall be
rejected by AASL.
11.
Confidentiality:
The Bidders acknowledge and agree that they shall at all times keep confidential, all
information acquired in consequence of this proposal, except for information which
they may be entitled or bound to disclose under compulsion of law or where requested
by regulatory agencies or to their professional advisers where reasonably necessary for
the performance of their professional services.
12.
Extension/Termination of Contract:
The contract may be terminated under the following circumstances:
a. The validity of the contract/agreement comes to an end IPSO FACTO by efflux of time
unless otherwise renewed/ terminated. The contract period shall be ten years from the
date of signing of contract, duly extendable by another 2 years thereafter, subject to
satisfactory performance during the contractual period.
b. If there is a material breach or material non-observance by the Service Provider(s) of
any one or more of its obligations under the Contract, and such material breach or
material non-observance continues for a period of more than two months after receipt
of notice from AASL to remedy such material breach or material non-observance, then
AASL shall without prejudice to its other rights under any Contract have the right, by
written notice to the Service Provider(s), to terminate the contract or any relevant part
thereof. In such case, the Service Provider(s) shall not be entitled to any compensation
whatsoever for costs incurred or to be incurred on this account.
c. In case the Bidder does not meet the stated Tender / contract requirements, for
consecutive period of two months, Alliance Air may, at its sole discretion, terminate the
contract.
d. If there is a change in Alliance Air’s requirement, the contract shall be terminated with
two months’ advance notice.
e. In the event of Breach of Confidentiality, the contract can be terminated mutually by
Alliance Air and successful Service Provider(s) with a notice period of two months.
13.
Force Majeure:
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The obligation stipulated in this specification can only be suspended, in the case of any
particular item of work, in the event of Force Majeure as defined below or as the result
of an agreement between AASL and the Service Provider(s). In the event of Force
Majeure, neither of the parties may be considered in default of its obligations under the
terms of this Tender. “Force Majeure” is hereby defined as any cause which is beyond
the control of the successful Bidder(s) or Alliance Air as the case may be, which they
could not foresee or with a reasonable amount of diligence could not have foreseen
and which substantially affect the performance of the contract, such as: natural
phenomena including but not limited to floods, droughts, earthquakes, and epidemics,
acts of any government, domestic or foreign, including but not limited to war, declared
or undeclared, priorities, quarantines, embargoes; provided either party shall within
fifteen (15) days from the occurrence of such a cause notify the other in writing of such
causes.
14.
Contract survivability:
In the event the successful Bidder is acquired by, or merges with another company by
operation of law, the terms and conditions of the contract shall remain in full force and
effect with the acquiring company. Alliance Air shall however have the discretion and
option to terminate the contract in such an event.
15.
Infringement & indemnity:
The Bidders shall comply with all laws in force in India. The laws will include all national,
provincial, municipal, or other laws that affect the performance of the contract and are
binding upon the Bidders. The liabilities of all statutory /legal mandatory regulations
/obligations regarding manpower/product/services shall be borne by the Bidders. The
Bidders should indemnify Alliance Air from any breach of Govt. regulation/infringement
of laws- such as IT, Service tax, PF regulation, ESI regulation, Labour laws, Minimum
wages act, etc. The bidders are also required to get the registration done with various
Govt. agencies for the same.
16
Jurisdiction:
Any dispute whatsoever shall be subject to the exclusive jurisdiction of the courts of
New Delhi only.
17.
Amendment of Tender document:
17.1
At any time prior to the last date for submission of Bids, Alliance Air may for any reason,
whether at its own initiative or in response to a clarification requested by a Bidder,
modify this Tender document by an amendment.
17.2
Amendments, corrigendum & clarifications if any, to this Tender will be hosted on the
web site of AIR INDIA (www.airindia.in) and no separate NIT would be issued in the
newspapers. Air India shall not intimate the Bidders individually of the same. The
Bidders are, therefore, advised to visit the Air India web site regularly till the date of
closing of the Tender. The last amendment, if any, will be hosted a minimum of seven
days before the closing date of the Tender. However any substratum changes as well
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changes in due dates and extensions if granted to this Tender would be hosted on the
Air India website/tenders page and the requisite NIT thereof would also be issued.
17.3
In order to afford reasonable time to the Bidders to take such amendments into account
for preparation and submission of their Bids, Alliance Air may, at its sole discretion,
extend the last date for the submission of Bids.
18
Inspection Clause:
Alliance Air reserves the right to inspect the repair facility/facility of the Bidders/in
order to assess their infrastructure and capability to produce and deliver the services
during the technical evaluation process.
Alliance Air further reserves the right to inspect the repair facility/facility of the
successful Bidder during the contract period/extensions in order to confirm consistency
of quality of the services being rendered.
19.
Grounds for Rejection of Bids:
The Bids are liable to be rejected forthwith as non-responsive, i.e., without being
evaluated, on the following grounds:
a) If the BID has been received after the closing date / time of the Tender.
b) If only the Technical Bid has been received and the Commercial Bid has not been
received, and vice versa.
c) If the Bid has been received by emails or fax instead of in separate sealed / closed
covers.
d) If the Bid has not been signed by the authorized signatory of the bidder.
e) If the Technical Bid has been received without EMD or the EMD has been submitted in a
mode other than as specified in this Tender.
f) If the Bid is received without the signed Integrity Pact in the Technical Bid.
g) If the Bidder’s response is not received in SEALED / CLOSED condition and if the Bids are
not deposited in the tender box at the designated address as mentioned in the Tender.
h) If the information given in response to the Tender is incomplete, ambiguous, without
requisite supporting documents, unverified, unattested and/or submission of illegible
copies or unexplained materials and/or Bids not received as per the desired formats &
bidding instructions.
i) If the commercial Bid indication has been provided in the Technical Bid.
j) If the Bid is not presented neatly and corrections if any are not duly authenticated with
full authorized signatures of the person who has signed the Bid document.
k) If the Bid has been received without the undertaking of acceptance of all terms &
conditions.
l) The above list is only illustrative and there can be other relevant grounds of rejection of
Bids.
Alliance Air
Page 19 of 69
PRE-QUALIFICATION CRITERIA FOR THE TENDER
Annexure B
Alliance Air Tender hereby specifies the following pre-qualification criteria governing the
Tender. Bidders are required to meet the pre-qualification criteria’s stated in this document, in
order to qualify in the technical evaluation exercise.
Bidders may kindly note that the Commercial Bids of only those Bidders would be opened, who
qualify the technical evaluation exercise.
S.No.
Pre-Qualification Requirements
1
The Bidder must specialize in Aircraft parts supply and support, duly approved by FAA/EASA, which
must be duly supported by relevant documentation.
2
The Bidder must be in business since the past 5 years and the company must have formed not later
than 01.01.2010. The Certificate of Incorporation / MOU / COI / equivalent document should be
submitted in support of this condition.
3
The Bidder must have a turnover in excess of USD 10 million per annum, for the previous two years
i.e. Financial year 2013-2014 and 2014 – 2015, duly supported by the self declaration of the Bidders.
4
The Bidder should have provided successful component support for at least two major airlines,
operating ATR 72-212A (600 VERSION) Family Aircraft fleet, in the preceding 5 years. (Duly supported
by documentation like copies of contracts / PO‘s etc).
5
The Bidder agrees to provide integrated component support to Alliance Air in response to this
Tender, consisting of the following 4 types of services:
5a
The Bidder agrees to provide and maintain a pre-determined quantity of the serviceable
components, for the lease-in ATR 72-212A (600 VERSION) Aircraft, at ALLIANCE AIR facilities, New
Delhi, India, as per item part numbers and its respective quantities given in the Annexure ‘D’ for
which lease charges would be payable by Alliance Air.
5b
The Bidder agrees to carry out the replacement shipment of the component within 72 hours, upon
issue of the same from the shelf of Alliance Air, New Delhi
5c
The Bidder agrees to repair the component through its OEM/FAA/EASA affiliated/approved repair
shop.
5d
The Bidder agrees to provide, to & fro logistic support for components including packing,
forwarding, and customs clearance, in short, door to door service for each component as per list.
6
The Bidder agrees to offer in response to this Tender, its offer price consisting of the following parts:
a) Lease charges as a percentage of the unit cost for the New / Freshly Overhauled unit offered
by the Bidder towards each item in the list.
b) The standard exchange price (in %) of the unit cost for each item and
c) The capping on the repair charge for each item.
(It is mandatory for the Bidders to agree to the above concept of pricing only and no other alternate
Page 20 of 69
options would be considered)
7
The Bidder agrees to offer a warranty of minimum 12 months or as specified by the OEM/repair
shop from the date of stocking of the component in New Delhi, duly applicable for both the initially
positioned item offered in New / Freshly Overhauled condition offered by the Bidder and
subsequently repaired components, for all the components as per list enclosed at Annexure – D.
8
The Bidder agrees to bear the freight charges both ways for removal of any component, during the
warranty period.
9
The Bidder agrees that all the components supplied against the contract would be accompanied by
the FAA/EASA documents, and that such component would be INCIDENT FREE and have BACK TO
BIRTH TRACEABILITY and life of component supplied should NOT BE MORE THAN 110% OF THE
LIFE OF AIRCRAFT on which the component is required to be installed. Bidders to note that Alliance
Air QC may review all such documentations prior to authorizing the shipment from the Bidders end.
In case of exigencies, if the life of the component being supplied by the service provider is more
than 110% of the life of the aircraft on which it is to be installed, then the service provider has to
provide a replacement for such components free of charge to AASL within six (06) months in order
to meet this requirement.
10
The Bidder agrees that in order to be eligible for levy of the exchange fee, the replacement
components must be shipped from the Bidder facility within 72 hours of issue of the corresponding
component from the warehouse in New Delhi.
11
The Bidder agrees that the replacement component must be shipped within 24 hours in case of AOG
requests from Alliance Air.
12
The Bidder agrees that Alliance Air will have the option to review float for each of the item, after
completion of every six months and may seek removal of certain components or reduction of
quantities. The Bidder further agrees to proportionately reduce the lease charges, from its monthly
billing, for the items removed from the pool of stock items.
13
The Bidder agrees that Alliance Air will have the option of adding additional components to the list.
The unit cost price of this additional component will be as per fair market value duly assessed by
evaluating quotes of the same condition unit from at least three reputed suppliers. In case of
increase in float of existing item, the contracted value of the item will be applicable to the additional
float as well.
14
The Bidder agrees that Alliance Air will have the option to return an issued item with a serviceable
tag in case of non-usage or in case where the Aircraft snag reoccur within 48 hours of installation of
the unit. The exchange fee will not apply in such cases.
15
The Bidder agrees that Alliance Air will have the option of repairing / inspecting the unit at its own
facilities wherever possible and return the unit to Bidder stock with Air India serviceable tag.
16
The Bidder agrees that Alliance Air will however bear any costs related to obtaining FAA/JAA
certificate for such component at mutually acceptable repair stations at the termination of the
contract if desired by Bidder.
17
The Bidder agrees that it itself will be solely responsible for delivering round the clock service on
24X7 basis to Alliance Air, at its facility at Line Maintenance Stores at T-3, IGIA, New Delhi, at Bidders
own cost including safe-keeping of the items, handling of components to and from repair shop,
manpower charges, costs for obtaining passes from the Airport Operator M/s DIAL, Govt. taxes and
levies within India and that no other separate charge would be admissible other than that stated at
point 6 herein.
Page 21 of 69
18
The Bidder agrees that Alliance Air would provide security deposit in the form of SBLC, equivalent to
three months lease rent and there will be no upfront payment.
19
The Bidder agrees to the following conditions in terms of compliance with the prevailing tax laws in
India.
1. For Tax deduction at Source(TDS) /Withholding Tax liabilities under Indian Income tax laws
for the non-resident bidding entity, the Bidder has to undertake to provide the following
declarations/documents to AASL:
a) Indian PAN (Permanent Account Number) of successful Bidder, issued by Indian Income Tax
authorities, under Section 206AA of the Indian Income Tax Act of 1961, would be required to
be provided / obtained by the successful Bidderon receipt of LOI and should be produced at
time of execution of the Lease Agreement. In case the non-resident foreign Bidder does not
provide such Indian PAN, TDS applicable as per Indian Laws would be deductible from the
amounts payable for which tax deducted certificates in the applicable forms as per Indian
Income tax laws would be provided by Alliance Air to the selected entity.
b) Tax Residency Certificates from the local authorities where successful Bidderis resident and
assessed for income and such required forms, such as Form 10(F) as per Indian Income tax
rules would be mandatorily required to be obtained by the successful Bidderon receipt of LOI
and should be produced at time of execution of the Lease Agreement. Such Tax residency
certificate has to be obtained and provided to Alliance Air for every year during the contract
considering that the Indian tax laws recognize financial and accounting year beginning from
1st April and ending on 31st March.
c) No Permanent Establishment (PE) Certificate In addition to the above documents, the
selected Bidder would be periodically required to provide a No Permanent Establishment
certificate to declare/undertake that they do not have any office/business establishment in
India.
2. For Service Tax liabilities:
a) Service Tax Registration No. of the successful Bidder, issued by Indian Service Tax
authorities, would be required to be provided / obtained by the successful Bidder on receipt
of LOI and should be produced at time of execution of the Lease Agreement as the applicable
service tax, presently @14.5% is a liability of the Service Provider and the same would be
required to be deposited with the relevant Indian service tax authorities in India by such
selected entity.
3. Royalty charges by the Airport operator DIAL:
The components listed herein are for storage in AASL’s Line Maintenance Stores at T-3 which
would be manned on 24X7 basis by the manpower provided by the proposed Service
Provider(s). This would therefore attract the Royalty Charges currently levied @ 13% by DIAL
which would be applicable on all the services rendered by the Service Provider(s). Such
charges would be borne by the Service Provider(s) only, but would be reimbursed by Alliance
Air upon being invoiced on a monthly basis by the Service Provider(s) along-with the other
applicable charges.
Note:
1.
The reference to the component means to each of the component as per the list of components enclosed at
Annexure – D.
Alliance Air
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FUNCTIONAL REQUIREMENTS FOR THE TENDER
1.
Annexure – C
INTRODUCTION:
AASL is operating a combined fleet of over 11 Aircraft. AASL has a fleet of five new ATR
72-212A (600 version)Aircraft, which may be increased from time to time. Also, AASL is
already in the process of inducting three more new ATR 72-212A (600 version) Aircraft
within next three months.
Some of the components fitted on the leased ATR 72-212A (600 VERSION)Aircraft are
required to be placed in AASL premises as home base items, (hereinafter referred to
as the “Components”).
In order to support the requirements of items for these leased ATR 72-212A (600
version) Aircraft, AASL is floating this two bid tender process for selection of the
Service Provider(s) for rendering the integrated support for the ATR 72-212A (600
version) Aircraft components on lease basis.
placement of the “Components” in AASL premises and its management thereof and
the term of the proposed contract shall be 10 years, duly extendable by another 2
years thereafter, subject to satisfactory performance during the contract period and
each extension as decided.
2.
INTEGRATED SUPPORT
AASL is looking for integrated component support to be provided by the Service
Provider(s)at New Delhi, holding a pre-determined stock of ATR 72-212A (600 version)
Aircraft components in New Delhi, as indicated by AASL at Annexure – D, through this
two bid tender process. The integrated services required would include the following:
i)
ii)
Initial positioning of all the listed components in the pre-determined
quantity of all of the listed components in NEW / Freshly OVERHAULED
condition only, at AASL’s designated warehouse facilities in New Delhi, India
as per quantities specified in the Annexure ‘D’. All such components must
be accompanied with a FAA8130 / EASA Form One documents and
traceability documents supporting the same.
Providing and maintaining the pre-determined quantity of all of the listed
components (In New/ Freshly Overhauled/ Shop Visit condition) at AASL’s
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iii)
iv)
v)
vi)
vii)
3.
designated warehouse facilities in New Delhi, India as per quantities
specified in the Annexure ‘D’, for the complete duration of the contract. All
such components must be accompanied with a FAA8130 / EASA Form One
documents, INCIDENT FREE certification and BACK TO BIRTH TRACEABILITY
documents supporting the same, and life of component supplied should
NOT BE MORE THAN 110% OF THE LIFE OF AIRCRAFT on which the
component is required to be installed. Bidders to note that Alliance Air QC
may review all such documentations prior to authorizing the shipment from
the Bidders end. In case of exigencies, if the life of the component being
supplied by the service provider is more than 110% of the life of the aircraft
on which it is to be installed, then the service provider has to provide a
replacement for such components free of charge to AASL within six (06)
months in order to meet this requirement.
Maintaining of stocks and carrying out / discharging the various
stockroom/warehouse functions like receipt, stocking, issuance, etc of the
components as and when required by the Engineering Department of AASL.
Carry out the repairs/OH to the unserviceable components through the
designated OEM/FAA/EASA approved repair shop, with which the Bidders
have an established relationship, within the earliest TAT and repair price
capping quoted and approved in the contract.
To and fro logistic support for movement of components including packing,
forwarding, and customs clearance. (The Core components will be made
available for export maximum within 15 days of removal by AASL. For
removal during warranty period freight both ways and the custom duty
involved will be borne by the Service Provider(s). However, for components
which are out of warranty, the same will be reimbursed to the contracted
party, at actuals within 45 days against claims to be raised monthly.) In
short, the service from the Service Provider(s) shall be on door to door
basis.
Submission of monthly statements of stocks, issuance and receipts for all
components maintained by the Service Provider(s) as well as posting the
transaction Details from time to time in RAMCO system followed in Alliance
Air.
Any other function as is required to be carried out with respect to the
inventory maintained by the Service Provider(s) in Delhi and as required by
Alliance Air.
COMMERCIAL TERMS:
The Tender is structured for following requirements:
a. Leasing of the components as listed in Annexure ‘D’, in the desired quantities, with
the option of converting the lease to outright sale anytime during the currency of
the contract, at the contractual unit price in the sole discretion of AASL.
b. Standard exchange charges to be levied upon receipt of exchange item by AASL
from the Service Provider, after issuance of any component from the shelf and
against authorized requisitions raised by AASL’s Engineering Department officials.
However such of the charges would only be payable on the sole condition that the
replacement unit has been invoiced and shipped back within a period of 72 hours
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max, failing which no standard exchange charges would be applicable. Standard
exchange charge is to be indicated in % (percentage) of the price of the unit offered
by the Bidder in the Commercial Bid.
c. The capping on repair charge as a % of the value of item quoted by the Bidder is
required to be indicated.
d. Bidders are required to submit their offer in full for the components as per the list
attached at Annexure ‘D’. However, the condition of the units offered may vary, for
example, some of the items may be of New Condition, and others can be in Freshly
Overhauled Condition.
e. The Bidders are required to note that all the payments are subjected to conditions
specified at 5A-iv (a), (b), (c), 5A-v, and 5A-vi of Annexure “A”.
f. Bidders are required to submit their Commercial offer in the pre designed formats
only as per Annexure-I enclosed herewith.
4.
OPTIONS WITH ALLIANCE AIR:
Alliance Air reserves with itself the following options:
a) Review of components every six months for any increase or decrease in the
quantity of the listed components as per Annexure ‘D’.
b) Any addition of a new component to the existing list of components as per
Annexure ‘D’ at any time during year may be incorporated as per AASL
requirement, the price of which would be determined based on market
availability and the then prevailing market prices.
c) Converting the lease agreement to outright sale, for any of the components as
listed in Annexure ‘D’, as required by it, anytime during the currency of the
contract, at the contractual unit price.
d) The buyback of the component/s as listed in Annexure ‘D’ by the Service
Provider(s) that has been maintained by Alliance Air on outright sale basis, as
required by it, anytime during the currency of the contract, at the contractual
unit price.
e) Alliance Air reserves the right to repair / testing of the components in-house
due to it being a FAA/EASA approved unit and the Service Provider(s) should
agree to receive such units repaired at Air India with the accompanying quality
documents.
5.
INSURANCE:
i)
ii)
Alliance Air will provide all Insurance coverage including liability, loss including of
incident related components and FOD while in Alliance Air premises.
The transit insurance for the goods to and from Alliance Air shall be the
responsibility of the Service Provider(s).
6.
FREIGHT FORWARDING & CUSTOMS CLEARANCE:
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i.
ii.
7.
DELIVERY:
i.
ii.
iii.
8.
The terms of the shipment shall be FOB Delhi for export from India and Ex Works
Service Provider(s)’s facility for import into India for AASL, all freight charges,
Indian Govt. Import tax or any other import/export related charges will be borne
by the Service Provider(s) and such of these expenses will be duly reimbursed by
Alliance Air at actuals. Bidders may note that there is NIL customs duty on Aircraft
parts in India and hence no reimbursement of the customs duty would be
applicable. (However, at any stage later if any custom duty is imposed on import
of aircraft parts in India the same shall be borne by AASL). Any other related
charges arising from the delays attributed to the Service Provider(s) shall not be
the responsibility of AASL. Alliance Air may assist the representative of the Service
Provider(s) in clearing initial consignment for the purpose of familiarization with
the customs clearance process. All subsequent clearances will have to be handled
by the representative of the Service Provider(s) itself. For the avoidance of doubt,
AASL shall have no liability towards the Service Provider(s) with regard to the
custom clearance process and the same shall be the sole responsibility of the
Service Provider(s).
However, all charges during warranty period will be borne by the Service
Provider(s).
Initially 50 per cent of each of the line item (minimum quantity 1) is to be supplied
within 15 days upon signing of contract. Balance quantities are required to be
shipped within 15 days thereafter.
The selected Service Provider(s) will provide same day shipment against AOG
request.
Normal replenishments are to be made within 3 days (72 hours) of issue of item
from stock.
RISK PURCHASE:
In the event that a component is not replenished under this provision on a timely basis,
leading to an AOG situation or the grounding of the Aircraft, Alliance Air shall acquire the
component from other sources and the cost including other incidental charges of acquiring
such components will be recovered from the Service Provider(s) from the next payment
cycle or shall be adjusted against any amounts due to the Service Provider(s) from AASL.
Replenishment by Alliance Air at risk and cost to the successful BIDDER in the above
circumstances may accrue under the following circumstances:
a. The desired component is not shipped within 72 hours of the issue of component
from the successful BIDDER’s stock at Delhi and the balance stock equals to one or
zero leading to AOG situation or grounding of an Aircraft.
b. AOG requirement not immediately fulfilled.
9.
APPROVALS:
The contract to be executed shall be subject to all Alliance Air and its related Government
approvals such as Reserve Bank of India, Ministry of Finance, Pre-export approvals for
components to be returned to seller at the time of termination/expiry of contract.
Page 26 of 69
10.
WARRANTY, AGE, CERTIFICATION OF REPLACEMENT PARTS/COMPONENTS:
a.
The components initially positioned in NEW / Freshly OVERHAULED condition by
the Service Provider(s) with Alliance Air shall have full warranty as provided by the
OEM vendor. The necessary documentation should indicate clearly the warranty
terms for proper governance during the contractual term.
b. The subsequent replenishment of the float items should carry a warranty as
provided by the OEM/Repair shop. The necessary documentation should indicate
clearly the warranty terms for proper governance during the contractual term.
c.
The Service Provider(s) commits to get the Components repaired by OEM or OEM
approved Repair Stations only. All such components must be accompanied with a
FAA8130 / EASA Form One documents and traceability documents supporting the
same. The use of PMA parts is strictly prohibited. Any proposed repair to an OEM
part, which has been approved by the FAA DER or its EASA equivalent will strictly be
subject to written authorization by Alliance Air Quality Control officials and shall be
at its sole and absolute discretion, prior to the performance of such repairs.
d. The Service Provider(s) will not raise any invoice for any of the parts scrapped in the
normal course of time, during the tenure of the contract.
11 NO UPFRONT PAYMENT TOWARDS POSITIONING OF INVENTORY
i) There will be no upfront payment, other than providing the security deposit in the
form of SBLC, as per clause 4.2 of Annex-A.
12 SECURITY DEPOSIT
Security deposit in the form of SBLC, equivalent to three months lease rent shall be
provided, as per clause 4.2 of Annex-A.
Alliance Air
Page 27 of 69
LIST OF COMPONENTS FOR LEASED ATR-212A (600 version)
AIRCRAFT
ITEM
ATA
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
21
21
21
21
21
21
21
21
21
21
21
21
21
21
21
21
21
22
22
23
23
23
23
23
23
23
24
24
24
24
24
24
24
24
PN
2095F040800
2096H040800
2205120-4
22250F100200
3214960-3
41173C010000
5427-404-80-10
5618C000-002
624820-1
8535C000
8571C000
979142-6-1
979990-1
AE1012B00
AT0518A01
EVTA1925B
PRE1010
C12424CC
C18427AA
622-8114-002
822-1468-110
822-1468-310
ACP2531
AH2542CA02
CAU2583AC01
PA2532AB01
1-002-0102-2173
102-003-11
103-003-2
105-003-2
20032-2
2432-30
8260-123
945-12
Manuf
CODE
F1958
F1958
70210
F1958
59364
F1958
F9111
K0872
70210
K0872
K0872
70210
70210
F4957
F4957
F4957
S3960
F9111
F9111
4V792
4V792
4V792
F6168
F6168
F6168
F6168
10933
F0296
F0296
F0296
F0296
F0296
F0296
F0296
Annexure D
DESCRIPTION
ELETTROPN OUTFLOW VALVE
PNEUMATIC OUTFLOW VALVE
AIR CYCLE UNIT
DIGITAL CONTROLLER
PRESSURE REG AND S/O VALVE
CHECK VALVE
DUAL TEMPERATURE INDICATOR
T.I.C. VALVE
CONTROLLER-TEMP
CONDENSER
EXCHANGER
VLV-SHUTOFF TURBOFAN
TEMPERATURE CONTROL VALVE
RECIRCULATION FAN ASSY
GROUND COOLING FAN
E/E COOLING FAN
AMBIANT PRESSURE UNIT
FLIGHT GUIDANCE CONTROL PANEL
AUTO PILOT SERVO-ACTUATOR
AUTOMATIC ANTENNA COUPLER
VHF COMM TRANSCEIVER
VHF 4000
AUDIO CONTROL PANEL
ATTENDANT HANDSET
REMOTE CONTROL AUDIO UNIT
PASSENGER ADDRESS AMPLIFIER
STATIC INVERTER
GENERATOR CONTROL UNIT
HALL EFFECT CURRENT
BUS POWER CONTROL UNIT
AC GENERATOR
DC STARTER GENERATOR
Page 28 of 69
Homebase Kit
Qty Required
2
3
2
1
2
2
2
2
1
1
1
2
2
2
2
2
2
1
2
2
3
3
3
3
3
1
1
4
4
4
3
2
6
2
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
24
25
25
25
25
25
25
25
26
26
26
26
26
27
27
27
27
27
27
28
28
28
28
28
29
29
29
30
30
30
30
30
30
30
30
30
30
30
30
31
31
31
31
31
31
31
31
F11NA3121
01N65900
01N65920
301-2800
3A063-0035-05-5
3A063-0036-05-5
3A063-0079-03-4
3A063-0080-03-4
51653-152
B40NA1500
CGDU2200-00
FR3123
FR3222
4128-2
8236-3
BHC1000-3
BHC1021
C16363AA
FE205-000
1040B25-1
242082-4
2940
738821-1-2
C11VQ0020
291F01500-001
4019501
42053
0871BN3-5
624992-3
B03AA1040
B03AA1060
B14GF1503
B47CA1090
E37055M0D1
E42084-1
E42084-2
E42085
E42086-1
E42086-2
046-10108-990
2100-4045-00
261065723-1000
APE4200
C12428EB
C12428FB
C19736AA01
K9321050A031
F0296
F6614
F6614
F0656
K9075
K9075
K9075
K9075
K1536
F1958
F4885
F9211
F9211
F0396
F6151
F1688
F1688
F9111
F0221
F0218
F0422
F0422
F0553
F1688
A3004
D0079
D0079
59885
70210
F1958
F1958
F1958
F1958
K5459
K5459
K5459
K5459
K5459
K5459
FAPB0
06141
FAQ15
F0479
F9111
F9111
F9111
B1224
TRANSFORMER RECTIFIER UNIT
EMERGENCY LOCATOR BEACON
STAND ALONE ELT
TOILET-PSU
PILOT SEAT
COPILOT SEAT
PILOT SEAT
COPILOT SEAT
FIRE DETECTION CONTROL UNIT
FAN SMOKE DETECTION
SMOKE DETECTOR
SMOKE DETECTOR
SMOKE DETECTOR
RELEASABLE CENTRING UNIT
TRIM ACTUATOR
FLAP VALVE BLOCK
SPOILER VALVE BLOCK
ALPHA PROBE
RUDDER DAMPER
CROSSFEED VALVE
MOTIVE FLOW VALVE
ACTUATOR-FUEL CROSSF
FUEL CONTROL UNIT
FUEL ELECTROPUMP
LOW LEVEL SWITCH
AC MOTOR DRIVEN PUMP
DC HYDRAULIC PUMP
ICE DETECTOR
MAIN WINDSHIELD CONTROLLER
DUAL DISTRIBUTOR VALVE
REGULATOR/SHUTOFF VALVE
SHUT OFF VALVE
ANTI-ICING CONTROLLER
LEFT ELEVATOR HORN
RIGHT ELEVATOR HORN
RUDDER HORN
LEFT AILERON HORN
RIGHT AILERON HORN
ATTENDANT PANEL
DIGITAL FLT DATA RECORDER
MPC-ED36
CLOCK
EFIS CONTROL PANEL RH SIDE
EFIS CONTROL PANEL LH SIDE
INTEGRATED AVIONICS DISPLAY
MULTIPURPOSE CONTROL & DISPLAY UNIT
Page 29 of 69
1
2
2
2
2
2
2
2
1
3
2
2
2
2
2
1
1
3
1
1
1
1
2
2
1
2
2
2
3
2
2
4
1
2
1
1
1
1
1
1
3
2
1
2
2
2
1
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
31
32
32
32
32
32
32
32
32
32
33
33
33
33
33
33
33
33
33
34
34
34
34
34
34
34
34
34
34
34
34
34
36
36
36
36
42
42
42
42
61
61
61
61
61
61
73
LA4E20607HM0100
140-071
201-25109Y00
201-25112Y00
39-739-3
42-801-1
C24295350
C24483010
C24568000-5
C24589000-2
03-1802-2001-1
04-1505-1429
292-13
292-25
301-3100
4213966
4319586
APS40-1
R25-1M2CW
102EH2EB
261500123-0501
49380
7008471-688
7021450-601
7510700-961
822-1465-001
822-1466-001
9000000-10309
9599-607-19993
C16786VA02
C17053MA01
C17149HA01
1-1-04-0677
3214958-2
3289704-1
3290196-2
C13158MA01
C13159MA
C13160MA01
C13202BA
4122-006009
814620-2
816332-5-401
C146440-2
EV5247-2-00
R815505-6
TM512-204
F6198
81982
A0359
A0359
81982
81982
F6137
F6137
F6137
F6137
S5289
S5289
F0479
F0479
F0656
F0214
F0214
A2829
A2829
K5459
F6151
F9111
58960
55939
1WYD3
4V792
4V792
1WYD3
F0057
F9111
F9111
F9111
F0063
70210
70210
70210
F9111
F9111
F9111
F9111
81833
73030
73030
73030
F2805
73030
F0755
MULTIFUNCTION COMPUTER
WHEEL SPEED TRANSD ASSY
PARKING VALVE
NORMAL METERING VALVE
ANTISKID VALVE MANIFOLD
ANTISKID CONTROL UNIT
SOLENOID VALVE NLG
SWIVEL SELECTOR VALVE
DIFF CONTROL SELECT VALVE
UP LOCK BOX
ANTICOLL. LIGHT
ANTICOLL.LTG POWER SPLY UNIT
STROBE LIGHTS
POWER SUPPLY UNIT
EMERGENCY POWER SUPPLY
LIGHT-LOGO
LANDING LIGHT
ANTICOLL. LIGHT
TOTAL AIR TEMP SENSOR
ATTITUDE HEADING REF UNIT
PROBE-PITOT
WX.RADAR CONTROL PANEL
RADAR RECEIVER TRANSCEIVER
ATC TRANSPONDER
VOR/ILS/MKR.RECEIVER
DME TRANSCEIVER
T2CAS COMPUTER
RADIO-ALTIMETER TRANSCEIVER
INTEGRATED ELEC.STAND-BY EQUIP
AIR DATA COMPUTER
GPS RECEIVER
DUCT DISCHARGE DOWNSTREAM VALV
PRESSURE REG & S/O VALVE
BLEED AIR SHUTOFF VALVE
ISOLATION VALVE
INTEGRATED CORE PROCESSING MOD
IOM - S
CAC SWM
IOM - DATA CONCENTRATOR
MOTOR AND PUMP ASSEMBLY
OVERSPEED GOVERNOR
ELECTRONIC PROPELLER CONTROL
PROPELLER VALVE MODULE
ELECTROVALVE
PROPELLER BLADE
FUEL FLOW TRANSMITTER
Page 30 of 69
2
1
1
1
1
1
1
1
1
1
4
4
4
4
4
2
4
4
4
2
3
3
1
2
2
2
3
3
2
2
2
1
1
2
1
1
2
2
2
2
2
2
2
2
1
6
3
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
77
77
79
79
79
72
72
72
72
72
72
72
72
72
72
72
72
72
57
57
57
57
57
57
57
57
57
57
57
55
55
54
54
73
73
73
5677-705-80-10
5678-559-80-10
26659-5312
26659-5313
48114-1030
1012974-4-002
3039609
3055635-01
3075961-04
3076200-08
3078166-01
3117178-08
3118263-01
3118511-01
3118642-01
3120075-02
3120249-02
FE201-6-002
S5741201600210
S5741201600310
S5741202200200
S5741211700210
S5741211700310
S5741208000400
S5741209000500
S5741212100095
S5741212100195
S5741212500295
S5741212500395
S5517400000851
S5517400000951
S5411265600800
S5411275900401
3079013-01
3079012-01
3079014-01
F9111
F9111
U6578
U6578
U6578
00198
00198
00198
00198
00198
00198
00198
00198
00198
00198
00198
00198
00198
FB429
FB429
FB429
FB429
FB429
FB429
FB429
FB429
FB429
FB429
FB429
FB429
FB429
FB429
FB429
00198
00198
00198
HP SPEED INDICATOR
INTERTURBINE TEMP.INDICATOR
OIL COOLER FLAP ACTUATOR
THERMOSTATIC VALVE
OIL COOLER
CONTROL ENGINE ELECTRONIC
EXCITER-IGNITION
EJECTOR-FUEL WASTE
VALVE ASSY-INTERCOMPRESSOR BLEED
VALVE ASSY-INTERCOMPRESSOR BLEED
AUTOFEATHER CONTROL
FUEL CONTROL-MECHANICAL
COOLER-OIL,FUEL COOLED
FLOW DIVIDER AND DUMP VALVE
VALVE ASSY-SERVO
HEATER-OIL TO FUEL
PUMP-FUEL
BRAKE HYDROMECHANICAL ASSY
LEADING EDGE LH ZONE 511
LEADING EDGE RH ZONE 511
LEADING EDGE (LH, RH same P/N) ZONE 512
LEADING EDGE LH (RIB 13-19)
LEADING EDGE RH (RIB 13-19)
HORIZONTAL STABILISER (LH)
HORIZONTAL STABILISER (RH)
GAS PATH DUCT ASSY
AIR INTAKE ASSY
Fuel Nozzle Adapter
Fuel Nozzle Adapter
Fuel Nozzle Adapter
Page 31 of 69
1
2
2
1
2
3
4
2
2
2
2
3
2
3
2
2
2
2
1
1
2
1
1
1
1
1
1
1
1
1
1
2
2
20
6
2
COVERING LETTER FOR SUBMISSION OF TECHNICAL BID
(ON BIDDERS LETTER HEAD)
Annexure E
To,
Alliance Air
Ref:
_______________
Dated: _____________
Tender for appointment of Service Provider(s) to provide integrated support
forATR 72-212A (600 version) Aircraft Components on Lease basis
Dear Sir,
With reference to Alliance Air tender no. AASL/ATR72-600/TENDER-2016/076 dated 19th
Feb, 2016, for appointment of Service Provider(s) to provide integrated support for ATR 72-212A
(600 version) Aircraft Components on Lease basis, we hereby submit our Technical Bid for the
same & enclose the following duly filled in:
S. No.
1
2
3
4
5
Details
Company profile and technical information – Annexure ‘F’
Bidder Compliance to Pre-qualification Criteria – Annexure ‘G’
EMD amount of USD 5000 (Bidder to mention instrument Details of the EMD amount)
Variance Statement - Annexure ‘J’(As applicable)
Integrity Pact – Annexure ‘K’
It is certified that we have studied and understood the Terms and conditions specified at
Annexure ‘A’, as well as the Functional requirements detailed at Annexure ‘C’, of the Tender
No. AASL/ATR72-600/TENDER-2016/076 dated 19th Feb, 2016, for integrated support for ATR
72-212A (600 version) Aircraft Components on Lease basis, and we agree to abide by the same
unconditionally. Further, we certify that all the information as submitted by us in our Bid is
true and correct as on date of submission of the Bid.
Further, we shall indemnify Alliance Air in the event of any loss/damage caused to AASL on
account of false, misleading and/or incorrect information in our Bid.
We have also understood and agree that we will be committed for delivering local support in
India in respect of all requirements in this Tender, consisting of round the clock service on
24X7 basis to Alliance Air, at its facility at New Delhi, including safe-keeping of the items,
Page 32 of 69
handling of components to and from repair shop, manpower charges, costs for obtaining
passes from the Airport Operator M/s DIAL, Govt. taxes and levies within India and that no
other separate charge would be admissible other than that has been quoted herein Annexure
‘I’
We also agree to the terms & conditions of the Tender detailed in Annexure ‘A’ and hereby
confirm that we have submitted our offer in full for all of the components as per the list attached
at Annexure ‘D’
Thanking you,
AUTHORISED SIGNATORY
Signature: ________________________
Name:
________________________
Designation: _______________________
Company: ________________________
Encl: All relevant documentation in support of our Technical Bid response.
Page 33 of 69
COMPANY PROFILE AND TECHNICAL INFORMATION
Annexure F
for ATR 72-212A (600 version) Aircraft Components on Lease basis
Name of the Company:
_________________________________
Postal Contact Address:
_________________________________
_________________________________
Contact Person: _________________
Phone No. _______________________
Yearly Turn-over (in US Dollars million), of the Company which is
quoting / yearly turn-over of the
parent Group Co., if applicable:
Bank A/c No. and other Details for
Wire transfer
Fax No.
Mobile:
_______________________
_______________________
E-mail:
_______________________
_________________________________
_________________________________
_________________________________
Capability Details
_________________________________
(Attach a list if more space is required).
List few major Airlines or
Agencies as major clients:
Provide Contact address & Names
Of three major Airlines or Agencies
for reference.
_________________________________
_________________________________
_________________________________
Page 34 of 69
ADDITIONAL INFORMATION REGARDING THE FIRM AND ITS ACTIVITIES
Date of incorporation of the firm
Main activities of the firm
Turnover derived there from the main activities
Any other activities of the firm
Whether
the
firm
is
a
manufacturer/distributor/stockist/trader/repair& OH
shop
Details of tie-ups and affiliations with other
firms/repair-OH shops.
Details of branches & existing network
Details of staff employed
Details on warehousing & stocking facilities in terms
of warehouse size and the line items held.
Certification and approvals obtained for firm (with
copies to be enclosed thereof). A quality manual of
your firm may be placed with us for our scrutiny.
Whether the firm existed in its original name since
inception
Whether faced any merger/acquisition/take-over
action.
Last 3 years turnover Details:
Whether faced any insolvency or chapter 6
proceedings (a certificate to that effect to be
enclosed from the firm’s certified Auditors)
Whether company has availed of any overdraft
facility from any bank (A certificate from the certified
auditor to be enclosed)
Experience in the Asian Aviation Market:
Experience in the Indian Aviation market:
Experience of the door-to-door component support
It is certified that the above information is true to the best of my knowledge.
Signature: ________________________
Name:
________________________
Designation: _______________________
Company: ________________________
Page 35 of 69
BIDDER COMPLIANCE TO PRE-QUALIFICATION CRITERIA
Annexure G
This Tender hereby specifies the following pre-qualification criteria governing the Tender
process. Bidders are required to meet the pre-qualification criteria’s stated in this document, in
order to qualify in the technical evaluation exercise.
Bidders may kindly note that the Commercial Bids of only those Bidders would be opened, who
qualify the technical evaluation exercise.
S.
No
Pre-Qualification Requirements
Condition
1
The Bidder must specialize in Aircraft parts supply and support, duly approved by
FAA/EASA, which must be duly supported by relevant documentation.
MANDATORY
2
The Bidder must be in business since the past 5 years and the company must have
formed not later than 01.01.2010. The Certificate of Incorporation / MOU / COI /
equivalent document should be submitted in support of this condition.
MANDATORY
3
The Bidder must have a turnover in excess of USD 10 million per annum, for the
previous two years i.e. Financial year 2013-2014 and 2014 – 2015, duly supported
by the self declaration of the Bidders.
MANDATORY
4
The Bidder should have provided successful component support for at least two
major airlines, operating ATR 72-212A (600 VERSION)Aircraft fleet, in the preceding
5 years. (Duly supported by documentation like copies of contracts / PO‘s etc)
MANDATORY
5
The Bidder agrees to provide integrated component support to Alliance Air in
response to this Tender, consisting of the following 4 types of services:
MANDATORY
The Bidder agrees to Provide and maintain a pre-determined quantity of the
serviceable components in New/ Freshly Overhauled Condition for the lease-in ATR
5a 72-212A (600 VERSION) Aircraft, at Alliance Air facilities, New Delhi, India, as per
item part numbers and its respective quantities given in the Annexure ‘D’ for which
lease charges would be payable by Alliance Air.
MANDATORY
The prospective Bidder agrees to carry out the replacement shipment of the
5b component within 72 hours, upon issue of the same from the shelf of Alliance Air
New Delhi.
MANDATORY
The prospective Bidder agrees to repair of the component, through its
OEM/FAA/EASA affiliated/approved repair shop.
MANDATORY
The prospective Bidder agrees to provide, to & fro logistic support for components
5d including packing, forwarding, and customs clearance, in short, door to door service
for each component as per list.
MANDATORY
The Bidder agrees to offer in response to this Tender, its offer price consisting of the
following parts:
d) Lease charges as a percentage of the cost of the unit for each item offered
by the Bidder in New / Freshly Overhauled Condition.
e) The standard exchange price (in %) of the unit cost for each item offered by
the Bidder.
MANDATORY
5c
6
Page 36 of 69
Bidder
Response
YES / NO
f) The capping on the repair charge for each item.
(It is mandatory for the Bidders to agree to the above concept of pricing only and no
other alternate options would be considered)
7
The Bidder agrees to offer a warranty of 12 months or as specified by the
OEM/repair shop from the date of stocking of the component in New Delhi, duly
applicable for both the initial positioned unit and
subsequent repaired
components, for all the components as per list enclosed at Annexure -D
MANDATORY
8
The Bidder agrees to bear the freight charges both ways for removal of any
component, during the warranty period.
MANDATORY
9
The Bidder agrees that all the components supplied against the contract would be
accompanied by the FAA/EASA documents, and that such component would be
INCIDENT FREE and have BACK TO BIRTH TRACEABILITY and life of component
supplied should NOT BE MORE THAN 110% OF THE LIFE OF AIRCRAFT on which the
component is required to be installed. Bidders to note that Alliance Air QC may
review all such documentations prior to authorizing the shipment from the Bidders
end.
In case of exigencies , if the life of the component being supplied by the service
provider is more than 110% of the life of the aircraft on which it is to be installed,
then the service provider has to provide a replacement for such components free of
charge to AASL within six (06) months in order to meet this requirement.
MANDATORY
The Bidder agrees that in order to be eligible for levy of the exchange fee, the
10 replacement components must be shipped from the Bidder facility within 72 hours
of issue of the corresponding component from the warehouse in New Delhi.
MANDATORY
The Bidder agrees that the replacement component must be shipped within 24
11 hours in case of AOG requests from Alliance Air.
MANDATORY
The Bidder agrees that Alliance Air will have the option to review float for each of
the item, after completion of every six months and may seek removal of certain
12 components or reduction of quantities. The prospective Bidder further agrees to
proportionately reduce the lease charges, from its monthly billing, for the items
removed from the pool of stock items.
MANDATORY
The Bidder agrees that Alliance Air will have the option of adding additional
components to the list. The new item price of such additional components will be
13 as per fair market value duly assessed by evaluating quotes from at least three
reputed suppliers. In case of increase in float of existing item, the contracted value
of the item will be applicable to the additional float as well.
MANDATORY
The Bidder agrees that Alliance Air will have the option to return an issued item
with a serviceable tag in case of non-usage or in case where the Aircraft snag
14
reoccur within 48 hours of installation of the unit. The exchange fee will not apply in
such cases.
MANDATORY
The Bidder agrees that Alliance Air will have the option of repairing / inspecting the
15 unit at its own facilities wherever possible and return the unit to Bidder stock with
Air India serviceable tag.
MANDATORY
The Bidder agrees that Alliance Air will however bear any costs related to obtaining
16 FAA/JAA certificate for such component at mutually acceptable repair stations at
the termination of the contract if desired by Bidder.
MANDATORY
17 The Bidder agrees that it itself will be solely responsible for delivering round the
clock service on 24X7 basis to Alliance Air, at its facility at New Delhi, at Bidders own
cost including safe-keeping of the items, handling of components to and from repair
shop, manpower charges, costs for obtaining passes from the Airport Operator M/s
DIAL, Govt. taxes and levies within India and that no other separate charge would
be admissible other than that stated at point 6 herein.
MANDATORY
Page 37 of 69
The Bidder agrees that Alliance Air would provide security deposit in the form of
SBLC, equivalent to three months lease rent and there will be no upfront payment.
MANDATORY
The Bidder agrees to the following conditions in terms of compliance with the
prevailing tax laws in India.
1. For Tax deduction at Source(TDS) /Withholding Tax liabilities under Indian
Income tax laws for the non-resident bidding entity, the Bidder has to
undertake to provide the following declarations/documents to AASL:
a) Indian PAN (Permanent Account Number) of the selected entity, issued by
Indian Income Tax authorities, under Section 206AA of the Indian Income Tax
Act of 1961, would be required to be provided / obtained by the successful
Bidder with whom Lease Agreement shall be finalized. In case the nonresident foreign Bidder does not provide such Indian PAN, TDS applicable as
per Indian Laws would be deductible from the amounts payable for which tax
deducted certificates in the applicable forms as per Indian Income tax laws
would be provided by AASL to the selected entity.
b) Tax Residency Certificates from the local authorities, where selected entity
is resident and assessed for income and such required forms, such as Form
10(F) as per Indian Income tax rules would be mandatorily required to be
obtained by the successful Bidder with whom Lease Agreement shall be
finalized. Such Tax residency certificate has to be obtained and provided to
AASL for every year during the contract considering that the Indian tax laws
recognize financial and accounting year beginning from 1st April and ending
19
on 31st March.
c) No Permanent Establishment (PE) Certificate In the addition to the above
documents, the successful Bidder would periodically be required to provide a
No Permanent Establishment certificate to declare/undertake that they do
not have any office/business establishment in India.
2. For Service Tax liabilities:
Service Tax Registration No. of the selected entity, issued by Indian Service
Tax authorities, would be required to be provided / obtained by the
successful Bidder with whom the contract shall be finalized as the applicable
service tax, presently @14.5%isa liability of the SERVICE PROVIDER(S) and the
same would be required to be deposited with the relevant Indian service tax
authorities in India by such selected entity.
3. Royalty charges by the Airport operator DIAL:
The components listed herein are for storage in AASL’sLine Maintenance
Stores at T-3 which would be manned on 24X7 basis by the manpower
provided by the proposed Service Provider(s). This would therefore attract
the Royalty Charges currently levied @ 13% by DIAL which would be
applicable on all the services rendered by the Service Provider(s). Such
charges would be borne by the Service Provider(s) only, but would be
reimbursed by Alliance Air upon being invoiced on a monthly basis by the
Service Provider(s) along-with the other applicable charges.
MANDATORY
18
Note:
1.
The reference to the component means to each of the component as per the list of components enclosed
at Annexure – D.
Signature: ________________________
Name:
________________________
Designation: _______________________
Company: ________________________
Page 38 of 69
COVERING LETTER FOR SUBMISSION OF COMMERCIAL (PRICE) BID
Annexure H
To,
Alliance Air
Ref: _______________
Dated: _____________
For ATR 72-212A (600 version) Aircraft Components on Lease basis
Dear Sir,
With reference to Alliance Air tender No. AASL/ATR72-600/TENDER-2016/076 dated 19th
Feb, 2016, for appointment of Service Provider(s) to provide integrated support for ATR 72-212A
(600 version) Aircraft Components on Lease basis, we hereby submit our best and firm
Commercial Bid for the same in the prescribed format at Annexure ‘I’ of the Tender document.
We have also understood and agree that we will be committed for delivering local support
in India in respect of all requirements in this Tender, consisting of round the clock service on 24 X
7 basis to Alliance Air, at its facility at New Delhi, including safe-keeping of the items, handling of
components to and from repair shop, manpower charges, costs for obtaining passes from the
Airport Operator M/s DIAL, Govt. taxes and levies within India and that no other separate charge
would be admissible other than that has been quoted herein Annexure ‘I’.
We also agree to the terms & conditions of your Tender detailed in Annexure ‘A’, including
that the payments are subjected to conditions specified at 5A-iv (a), (b), (c), 5A-v and 5A-vi,
therein.
Thanking you,
Signature: ________________________
Name:
________________________
Designation: _______________________
Company: ________________________
Page 39 of 69
Tender for appointment of Service Provider(s) to provide integrated support for ATR 72-212A (600 version) Aircraft Components on Lease basis
COMMERCIAL (PRICE) BID
Annexure I
We hereby submit our best and firm Commercial (Price) Bid in response to the Tender as per below:
SNO
1
2
3
4
5
6
7
8
9
10
11
12
PNR
2095F040800
2096H040800
2205120-4
22250F100200
3214960-3
41173C010000
5427-404-80-10
5618C000-002
624820-1
8535C000
8571C000
979142-6-1
ATA
MFR
21
21
21
21
21
21
21
21
21
21
21
21
F1958
F1958
70210
F1958
59364
F1958
F9111
K0872
70210
K0872
K0872
70210
ADT
ELETTROPN OUTFLOW VALVE
PNEUMATIC OUTFLOW VALVE
AIR CYCLE UNIT
DIGITAL CONTROLLER
PRESSURE REG AND S/O VALVE
CHECK VALVE
DUAL TEMPERATURE INDICATOR
T.I.C. VALVE
CONTROLLER-TEMP
CONDENSER
EXCHANGER
VLV-SHUTOFF TURBOFAN
Page 40 of 69
Homebase Kit
Qty Required
2
3
2
1
2
2
2
2
1
1
1
2
Condition
Offered
UNIT
RATE
USD/
LEASE
CHARGE
PER
ANNUM
AS % OF
UNIT RATE
STANDARD
EXCHANGE
AS % OF
UNIT RATE
REPAIR
CHARGE
CAPPING
AS % OF
UNIT RATE
13
14
15
16
979990-1
AE1012B00
AT0518A01
EVTA1925B
21
21
21
21
70210
F4957
F4957
F4957
TEMPERATURE CONTROL VALVE
RECIRCULATION FAN ASSY
GROUND COOLING FAN
E/E COOLING FAN
2
2
2
2
17
PRE1010
21
S3960
AMBIANT PRESSURE UNIT
2
18
19
20
21
22
23
24
25
26
27
28
C12424CC
C18427AA
622-8114-002
822-1468-110
822-1468-310
ACP2531
AH2542CA02
CAU2583AC01
PA2532AB01
1-002-0102-2173
102-003-11
22
22
23
23
23
23
23
23
23
24
24
F9111
F9111
4V792
4V792
4V792
F6168
F6168
F6168
F6168
10933
F0296
FLIGHT GUIDANCE CONTROL PANEL
AUTO PILOT SERVO-ACTUATOR
AUTOMATIC ANTENNA COUPLER
VHF COMM TRANSCEIVER
VHF 4000
AUDIO CONTROL PANEL
ATTENDANT HANDSET
REMOTE CONTROL AUDIO UNIT
PASSENGER ADDRESS AMPLIFIER
STATIC INVERTER
1
2
2
3
3
3
3
3
1
1
4
29
30
31
32
33
34
103-003-2
105-003-2
20032-2
2432-30
8260-123
945-12
24
24
24
24
24
24
F0296
F0296
F0296
F0296
F0296
F0296
HALL EFFECT CURRENT
AC GENERATOR
DC STARTER GENERATOR
4
4
3
2
6
2
35
36
37
38
39
F11NA3121
01N65900
01N65920
301-2800
3A063-0035-05-5
24
25
25
25
25
F0296
F6614
F6614
F0656
K9075
TRANSFORMER RECTIFIER UNIT
EMERGENCY LOCATOR BEACON
STAND ALONE ELT
TOILET-PSU
PILOT SEAT
1
2
2
2
2
Page 41 of 69
40
41
3A063-0036-05-5
3A063-0079-03-4
25
25
K9075
K9075
COPILOT SEAT
PILOT SEAT
2
2
42
3A063-0080-03-4
25
K9075
COPILOT SEAT
2
43
44
45
46
51653-152
B40NA1500
CGDU2200-00
FR3123
26
26
26
26
K1536
F1958
F4885
F9211
FIRE DETECTION CONTROL UNIT
FAN SMOKE DETECTION
SMOKE DETECTOR
SMOKE DETECTOR
1
3
2
2
47
48
49
FR3222
4128-2
8236-3
26
27
27
F9211
F0396
F6151
SMOKE DETECTOR
RELEASABLE CENTRING UNIT
TRIM ACTUATOR
2
2
2
50
BHC1000-3
27
F1688
FLAP VALVE BLOCK
1
51
52
BHC1021
C16363AA
27
27
F1688
F9111
SPOILER VALVE BLOCK
ALPHA PROBE
1
3
53
54
55
56
57
FE205-000
1040B25-1
242082-4
2940
738821-1-2
27
28
28
28
28
F0221
F0218
F0422
F0422
F0553
RUDDER DAMPER
CROSSFEED VALVE
MOTIVE FLOW VALVE
ACTUATOR-FUEL CROSSF
FUEL CONTROL UNIT
1
1
1
1
2
58
59
60
61
62
63
C11VQ0020
291F01500-001
4019501
42053
0871BN3-5
624992-3
28
29
29
29
30
30
F1688
A3004
D0079
D0079
59885
70210
FUEL ELECTROPUMP
LOW LEVEL SWITCH
AC MOTOR DRIVEN PUMP
DC HYDRAULIC PUMP
ICE DETECTOR
MAIN WINDSHIELD CONTROLLER
2
1
2
2
2
3
64
B03AA1040
30
F1958
2
Page 42 of 69
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
B03AA1060
B14GF1503
B47CA1090
E37055M0D1
E42084-1
E42084-2
E42085
E42086-1
E42086-2
046-10108-990
2100-4045-00
261065723-1000
APE4200
C12428EB
C12428FB
C19736AA01
30
30
30
30
30
30
30
30
30
31
31
31
31
31
31
31
F1958
F1958
F1958
K5459
K5459
K5459
K5459
K5459
K5459
FAPB0
06141
FAQ15
F0479
F9111
F9111
F9111
81
82
83
84
85
86
87
88
89
90
91
92
K9321050A031
LA4E20607HM0100
140-071
201-25109Y00
201-25112Y00
39-739-3
42-801-1
C24295350
C24483010
C24568000-5
C24589000-2
03-1802-2001-1
31
31
32
32
32
32
32
32
32
32
32
33
B1224
F6198
81982
A0359
A0359
81982
81982
F6137
F6137
F6137
F6137
S5289
REGULATOR/SHUTOFF VALVE
SHUT OFF VALVE
ANTI-ICING CONTROLLER
LEFT ELEVATOR HORN
RIGHT ELEVATOR HORN
RUDDER HORN
LEFT AILERON HORN
RIGHT AILERON HORN
ATTENDANT PANEL
DIGITAL FLT DATA RECORDER
MPC-ED36
CLOCK
EFIS CONTROL PANEL RH SIDE
EFIS CONTROL PANEL LH SIDE
INTEGRATED AVIONICS DISPLAY
MULTIPURPOSE CONTROL & DISPLAY
UNIT
MULTIFUNCTION COMPUTER
WHEEL SPEED TRANSD ASSY
PARKING VALVE
NORMAL METERING VALVE
ANTISKID VALVE MANIFOLD
ANTISKID CONTROL UNIT
SOLENOID VALVE NLG
SWIVEL SELECTOR VALVE
DIFF CONTROL SELECT VALVE
UP LOCK BOX
ANTICOLL. LIGHT
Page 43 of 69
2
4
1
2
1
1
1
1
1
1
3
2
1
2
2
2
1
2
1
1
1
1
1
1
1
1
1
4
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
04-1505-1429
292-13
292-25
301-3100
4213966
4319586
APS40-1
R25-1M2CW
102EH2EB
261500123-0501
49380
7008471-688
7021450-601
7510700-961
822-1465-001
822-1466-001
9000000-10309
9599-607-19993
C16786VA02
C17053MA01
C17149HA01
33
33
33
33
33
33
33
33
34
34
34
34
34
34
34
34
34
34
34
34
34
S5289
F0479
F0479
F0656
F0214
F0214
A2829
A2829
K5459
F6151
F9111
58960
55939
1WYD3
4V792
4V792
1WYD3
F0057
F9111
F9111
F9111
114
115
116
117
118
119
120
1-1-04-0677
3214958-2
3289704-1
3290196-2
C13158MA01
C13159MA
C13160MA01
36
36
36
36
42
42
42
F0063
70210
70210
70210
F9111
F9111
F9111
STROBE LIGHTS
POWER SUPPLY UNIT
EMERGENCY POWER SUPPLY
LIGHT-LOGO
LANDING LIGHT
ANTICOLL. LIGHT
TOTAL AIR TEMP SENSOR
ATTITUDE HEADING REF UNIT
PROBE-PITOT
WX.RADAR CONTROL PANEL
RADAR RECEIVER TRANSCEIVER
ATC TRANSPONDER
VOR/ILS/MKR.RECEIVER
DME TRANSCEIVER
T2CAS COMPUTER
RADIO-ALTIMETER TRANSCEIVER
INTEGRATED ELEC.STAND-BY EQUIP
AIR DATA COMPUTER
GPS RECEIVER
DUCT DISCHARGE DOWNSTREAM
VALV
PRESSURE REG & S/O VALVE
BLEED AIR SHUTOFF VALVE
ISOLATION VALVE
INTEGRATED CORE PROCESSING MOD
IOM - S
CAC SWM
Page 44 of 69
4
4
4
4
2
4
4
4
2
3
3
1
2
2
2
3
3
2
2
2
1
1
2
1
1
2
2
2
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
C13202BA
4122-006009
814620-2
816332-5-401
C146440-2
EV5247-2-00
R815505-6
TM512-204
5677-705-80-10
5678-559-80-10
26659-5312
26659-5313
48114-1030
1012974-4-002
3039609
3055635-01
42
61
61
61
61
61
61
73
77
77
79
79
79
72
72
72
F9111
81833
73030
73030
73030
F2805
73030
F0755
F9111
F9111
U6578
U6578
U6578
00198
00198
00198
137 3075961-04
72
00198
138
139
140
141
142
143
144
145
146
147
72
72
72
72
72
72
72
72
72
57
00198
00198
00198
00198
00198
00198
00198
00198
00198
FB429
3076200-08
3078166-01
3117178-08
3118263-01
3118511-01
3118642-01
3120075-02
3120249-02
FE201-6-002
S5741201600210
IOM - DATA CONCENTRATOR
MOTOR AND PUMP ASSEMBLY
OVERSPEED GOVERNOR
ELECTRONIC PROPELLER CONTROL
PROPELLER VALVE MODULE
ELECTROVALVE
PROPELLER BLADE
FUEL FLOW TRANSMITTER
HP SPEED INDICATOR
INTERTURBINE TEMP.INDICATOR
OIL COOLER FLAP ACTUATOR
THERMOSTATIC VALVE
OIL COOLER
CONTROL ENGINE ELECTRONIC
EXCITER-IGNITION
EJECTOR-FUEL WASTE
VALVE ASSY-INTERCOMPRESSOR
BLEED
VALVE ASSY-INTERCOMPRESSOR
BLEED
AUTOFEATHER CONTROL
FUEL CONTROL-MECHANICAL
COOLER-OIL,FUEL COOLED
FLOW DIVIDER AND DUMP VALVE
VALVE ASSY-SERVO
HEATER-OIL TO FUEL
PUMP-FUEL
BRAKE HYDROMECHANICAL ASSY
LEADING EDGE LH ZONE 511
Page 45 of 69
2
2
2
2
2
1
6
3
1
2
2
1
2
3
4
2
2
2
2
3
2
3
2
2
2
2
1
148 S5741201600310
57
FB429
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
57
57
57
57
57
57
57
57
57
55
55
54
54
73
73
73
FB429
FB429
FB429
FB429
FB429
FB429
FB429
FB429
FB429
FB429
FB429
FB429
FB429
00198
00198
00198
S5741202200200
S5741211700210
S5741211700310
S5741208000400
S5741209000500
S5741212100095
S5741212100195
S5741212500295
S5741212500395
S5517400000851
S5517400000951
S5411265600800
S5411275900401
3079013-01
3079012-01
3079014-01
LEADING EDGE RH ZONE 511
LEADING EDGE (LH, RH same P/N)
ZONE 512
HORIZONTAL STABILISER (LH)
HORIZONTAL STABILISER (RH)
GAS PATH DUCT ASSY
AIR INTAKE ASSY
Fuel Nozzle Adapter
Fuel Nozzle Adapter
Fuel Nozzle Adapter
1
2
1
1
1
1
1
1
1
1
1
1
2
2
20
6
2
Note:
a) The condition of all Initial positioning items may vary eg. New / Freshly Overhauled which has to be specified.
b) All the charges offered by the Bidder must be in USD only.
c) Except for the Unit Rates for each of the 164 items, which is to be quoted in absolute terms, all the other charges like lease charges, standard exchange charges
and repair charge capping must be offered as a percentage of the Unit Rates offered.
d) Price quoted must be firm & fixed for 10 years from the commencement of contract as well as the extension period of 2 years thereafter.
Page 46 of 69
EVALUATION OF THE COMMERCIAL BID – FOR INFORMATION OF THE BIDDERS:
Bidders are required to offer their best and firm rates for the unit rates of all the components listed in Annexure-‘D’. as well as the lease charge (%),
standard exchange (%) and the capping of repair charges (%) in the specified format for Commercial Bid at Annexure-I.
LOADING for variation in payment terms:
Alliance Air desires that all Bidders agree to the stated payment terms. In case of fixed lease charges, payment shall be made on or before the due
date, on monthly basis, on receipt of invoice at least 45 days prior to the due date. In case of other charges, payment shall be made after 45 days of
receipt of invoice.
The offers from the Bidders would be evaluated and computed for the Total Value of Components Offered & Average % offer for Lease charge
(Annual %), average standard exchange (%) and average capping on repair charge (%).The cumulative sum of all these charges would be the final
value of the offer for each of the Bidders quoted offer.
L-1 offer from amongst all the total offers received would then be decided based on the lowest final value offer received for all 164 items from all the
Bidders and evaluated by Alliance Air.
The sample method of evaluation is as demonstrated at para 3.16 of Annexure ‘A’
It is certified that we have studied and understood the Terms and conditions as well as the Functional requirements, of the tender No. AASL/ATR72600/TENDER-2016/076 dated 19th Feb, 2016, for appointment of Service Provider(s) to provide integrated support for ATR 72-212A (600 version) Aircraft
Components on lease basis, and we agree to abide by the same unconditionally. Further, we certify that all the information as submitted by us in our Bid is
true and correct as on date of submission of the Bid.
Further, we shall indemnify Alliance Air in the event of any loss/damage caused to AASL on account of false, misleading and/or incorrect information in our
Bid.
We have also understood and agree that we will be committed for delivering local support in India in respect of all requirements in this Tender, consisting of
round the clock service on 24X7 basis to Alliance Air, at its facility at New Delhi, including safe-keeping of the items, handling of components to and from
Page 47 of 69
repair shop, manpower charges, costs for obtaining passes from the Airport Operator M/s DIAL, Govt. taxes and levies within India and that no other separate
charge would be admissible other than that has been quoted herein Annexure ‘H’.
Signature
: ____________________
Name
: ____________________
Designation
: ____________________
Company Seal : ____________________
Page 48 of 69
VARIANCE STATEMENT
Annexure J
To,
Alliance Air
Ref:
_______________
Dated: _____________
Dear Sir,
We would like to submit herewith, the summary of exclusions of the Terms & Conditions of Alliance Air
Tender document, which are not acceptable in totality. Such of the terms and conditions are non-financial and
shall have no bearing on the Commercial Bid submitted by us.
The terms & conditions, which we offer, will be as follows:
Para No……………Subject
Sr.
No.
(AASL Terms & Conditions per Annexure
‘A’)
Revised Terms & Conditions of
Bidder/Company.
1
2
3
4
Signature
: ____________________
Name
: ____________________
Designation
: ____________________
Company Seal : ____________________
Page 49 of 69
INTEGRITY PACT
Annexure K
INTEGRITY PACT
THIS INTEGRITY PACT (hereinafter referred to as the “Pact”) is made on this ____ day of
__________, 2016 at ___________.
Between
AIRLINE ALLIED SERVICES LIMITED (“AASL”), a fully owned subsidiary of Air India Limited
(“AIL”) hereinafter referred to as “the Principal”,
and
hereinafter referred to as “the Bidder/Contractor”
PREAMBLE
The Principal intends to award, under laid down organizational procedures, contract(s) for
providing integrated support for ATR 72-212A (600 version) Aircraft Components on Lease basis
(the “Project”). The Principal values full compliance with all relevant laws of the land, rules,
regulations, economic use of resources and of fairness/transparency in its relations with its
Bidder(s) and/or Contractor(s).
In order to achieve these goals, the Principal will appoint an Independent External Monitor
(”Monitor”), who will monitor the Tender process and the execution of the contract for
compliance with the principles mentioned above.
Section 1 – Commitments of the Principal
1) The Principal commits itself to take all measures necessary to prevent corruption and to
observe the following principles:a) No employee of the Principal, personally or through family members, will in
connection with the Tender for, or the execution of a contract, demand, take, promise
for or accept, for self or third person, any material or immaterial benefit which the
person is not legally entitled to. The word „take‟ shall also include the past and future.
b) The Principal will, during the Tender process treat all Bidder(s) with equity and
reason. The Principal will in particular, before and during the Tender process, provide
to all Bidder(s) the same information and will not provide to any Bidder(s)
confidential/additional information through which the Bidder(s) could obtain an
advantage in relation to the Tender process or the contract execution.
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c) The Principal will exclude from the process all known prejudiced persons and persons
who would be known to have a connection or nexus with the Bidder.
2) If the Principal obtains information on the conduct of any of its employees which is a
criminal offence under the IPC/PC Act or the conduct rules of the Principal, or if there be
a substantive suspicion in this regard, the Principal will inform the Chief Vigilance Officer
and in addition can initiate disciplinary actions.
Section 2 – Commitments of the Bidder(s)/ contractor(s)
1) The Bidder(s)/ Contractor(s) commit themselves to take all measures necessary to
prevent corruption in their dealings with the Principal. He commits himself to observe the
following principles during his participation in the Tender process and during the contract
execution.
a) The Bidder(s)/ Contractor(s) will not, directly or through any other person or firm, offer,
promise or give to any of the Principal‟s employees involved in the Tender process or
the execution of the contract or to any third person any material or other benefit which
he/she is not legally entitled to, in order to obtain in exchange any advantage of any
kind whatsoever during the Tender process or during the execution of the contract.
b) The Bidder(s)/Contractor(s) will not enter with other Bidders into any undisclosed
agreement or understanding, whether formal or informal. This applies in particular to
prices, specifications, certifications, subsidiary contracts, submission or nonsubmission of Bids or any other actions to restrict competitiveness or to introduce
cartelisation in the bidding process.
c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC
Act. Further the Bidder(s)/Contractor(s) will not use improperly, for purposes of
competition or personal gain, or pass on to others, any information or document
provided by the Principal as part of the business relationship, regarding plans,
technical proposals and business details, including information contained or
transmitted electronically.
d) The Bidder(s)/Contractors(s) of foreign origin shall disclose the name and address of
the agents/representatives in India, if any. Similarly the Bidder(s)/Contractors(s) of
Indian Nationality shall furnish the name and address of the foreign principals, if any.
Further details as mentioned in the “Guidelines on Indian Agents of Foreign Suppliers”
shall be disclosed by the Bidder(s)/Contractor(s).Further, as mentioned in the
Guidelines all the payments made to the Indian agent/representative have to be in
Indian Rupees only and one agent shall represent only one contractor. Copy of the
“Guidelines on Indian Agents of Foreign Suppliers” is placed at (Page nos. 55-56)
e) The Bidder(s)/Contractor(s) will, when presenting his Bid, disclose any and all
payments he has made, is committed to or intends to make to agents, brokers or any
other intermediaries in connection with the award of the contract.
f) This integrity pact shall override the confidentiality clause, if any, in the offer submitted
by the Bidder(s)/Contractor(s) and in the contract entered into by the Principal with the
Bidder(s)/Contractor(s).
2) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences or acts
outlined above or be an accessory to such offences.
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Section 3 - Disqualification from Tender process and exclusion from future contracts
If the Bidder(s)/Contractor(s), before award or during execution has committed a
transgression through a violation of Section 2, above or in any other form such as to put
his reliability or credibility in question, the Principal is entitled to disqualify the
Bidder(s)/Contractor(s) from the Tender process or take action as per the procedure
mentioned in the “Guidelines on Banning of business dealings”. Copy of the “Guidelines
on Banning of business dealings” is placed at Page nos. 57-65.
Section 4 – Compensation for Damages
1) If the Principal has disqualified the Bidder(s) from the Tender process prior to the award
according to Section 3, the Principal is entitled to demand and recover the damages
equivalent to Earnest Money Deposit/Bid Security and other actual damages due to the
consequential delay.
2) If the Principal has terminated the contract according to Section 3, or if the Principal is
entitled to terminate the contract according to Section 3, the Principal shall be entitled to
demand and recover from the Contractor liquidated damages of the contract value or the
amount equivalent to Security Deposit/Performance Bank Guarantee.
3) The Bidder(s)/Contractor(s) shall not be entitled to claim from the Principal any amounts
either as damages or otherwise, on account of termination.
Section 5 – Previous transgression
1) The Bidder declares that no previous transgressions occurred in the last 3 years with any
other Company in any country or with any other Public Sector Enterprise in India that
could justify his exclusion from the Tender process.
2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the
Tender process or action can be taken as per the procedure mentioned in “Guidelines on
Banning of business dealings”.
Section 6 – Equal treatment of all Bidders/Contractors/Subcontractors
1) The Bidder(s)/ Contractor(s) undertake(s) to demand from all subcontractors a
commitment in conformity with this Integrity Pact, and to submit it to the Principal before
contract signing.
2) The Principal will enter into pacts with identical conditions as this one with all Bidders,
Contractors and Subcontractors.
3) The Principal will disqualify from the Tender process all Bidders who do not sign this Pact
or violate its provisions.
– Criminal charges against violating Bidder(s)/Contractor(s)/
Subcontractor(s)
If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or
of an employee or a representative or an associate of a Bidder, Contractor or
Subcontractor which constitutes corruption, or if the Principal has substantive suspicion
in this regard, the Principal will inform the same to the Chief Vigilance Officer.
Section
7
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Section 8 – Independent External Monitor/Monitors
1) The Principal appoints competent and credible Independent External Monitor for this
Pact. The task of the Monitor is to review independently and objectively, whether and to
what extent the parties comply with the obligations under this Pact.
2) The Monitor is not subject to instructions by the representatives of the parties and shall
perform its functions neutrally and independently. Monitor shall report to the Chairman,
AIL.
3) The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without
restriction to all Project documentation of the Principal including that provided by the
Contractor. The Contractor will also grant the Monitor, upon a request and demonstration
of a valid interest, unrestricted and unconditional access to his Project documentation.
The same is applicable to Subcontractors. The Monitor is under contractual obligation to
treat the information and documents of the Bidder(s)/ Contractor(s)/ Subcontractor(s)
with confidentiality.
4) The Principal will provide to the Monitor sufficient information about all meetings among
the parties related to the Project provided such meetings could have an impact on the
contractual relations between the Principal and the Contractor. The parties offer to the
Monitor, the option to participate in such meetings.
5) As soon as the Monitor notices, or believes to notice, a violation of this Pact, he will so
inform the management of the Principal and request the management to discontinue or
take corrective action, or to take other relevant action. The monitor can in this regard
submit non-binding recommendations. Beyond this, the Monitor has no right to demand
from the parties that they act in a specific manner, refrain from action or tolerate action.
6) The Monitor will submit a written report to the Chairman, AIL within 8 to 10 weeks from
the date of reference or intimation to him by the Principal and, should the occasion arise,
submit proposals for correcting problematic situations.
7) Monitor shall be entitled to compensation on the same terms as being extended to /
provided to Independent Directors on the AIL Board.
8) If the Monitor has reported to the Chairman AIL, a substantiated suspicion of an offence
under relevant IPC/ PC Act, and the Chairman AIL has not, within the reasonable time
taken visible action to proceed against such offence or reported it to the Chief Vigilance
Officer, the Monitor may also transmit this information directly to the Central Vigilance
Commissioner.
9) The word „Monitor‟ would include both singular and plural.
Section 9 – Pact Duration
This Pact begins when both parties have legally signed it. It expires for the Contractor 3
years after the last payment under the contract, and for all other Bidders 12 months after
the contract has been awarded.
If any claim is made/lodged during this time, the same shall be binding and continue to
be valid despite the lapse of this Pact as specified above, unless it is discharged /
determined by the Board of AIL.
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Section 10 – Other provisions
1) This Pact is subject to the laws of India and place of performance and jurisdiction of this
Pact is the Registered Office of the Principal, i.e., New Delhi, India.
2) Changes and supplements as well as termination notices shall be made in writing. Side
agreements have not been made.
3) If the Contractor is a partnership or a consortium, this Pact must be signed by all partners
or consortium members and in the case of a company by an authorised representative.
4) Should one or several provisions of this Pact turn out to be invalid, the remainder of this
Pact shall remain valid. In this case, the parties will strive to come to an agreement to
their original intentions as practicable as possible.
(For & On behalf of the Principal)
(For & On behalf of Bidder/ Contractor)
(Office Seal)
(Office Seal)
Place --------------
Date --------------
Witness 1:
(Name & Address)
_____________________________
_____________________________
_____________________________
_____________________________
Witness 2:
(Name & Address)
_____________________________
_____________________________
_____________________________
_____________________________
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GUIDELINES FOR INDIAN AGENTS OF FOREIGN SUPPLIERS
1.0
There shall be compulsory registration of agents for all Global (Open) Tender and
Limited Tender. An agent who is not registered with AASL Departments/Stations shall
apply for registration in the prescribed Application –Form.
1.1
Registered agents will file an authenticated Photostat copy duly attested by a Notary
Public/Original certificate of the principal confirming the agency agreement and giving
the status being enjoyed by the agent and the commission/remuneration/salary/
retainer ship being paid by the principal to the agent before the placement of order by
AASL Departments/Stations.
1.2
Wherever the Indian representatives have communicated on behalf of their principals
and the foreign parties have stated that they are not paying any commission to the
Indian agents, and the Indian representative is working on the basis of salary or as
retainer, a written declaration to this effect should be submitted by the party (i.e.
Principal) before finalizing the order.
2.0
DISCLOSURE OF PARTICULARS OF AGENTS/ REPRESENTATIVES IN INDIA,IF
ANY.
2.1
Bidders of Foreign nationality shall furnish the following details in their offer:
2.1.1 The name and address of the agents/representatives in India, if any and the extent of
authorization and authority given to commit the Principals. In case the
agent/representative isa foreign Company, it shall be confirmed whether it is real
substantial Company and details of the same shall be furnished.
2.1.2 The amount of commission/remuneration included in the quoted price(s) for such
agents/representatives in India.
2.1.3 Confirmation of the Bidder that the commission/ remuneration if any, payable to his
agents/representatives in India, may be paid by AASL in Indian Rupees only.
2.2
Bidders of Indian Nationality shall furnish the following details in their offers:
2.2.1 The name and address of the foreign principals indicating their nationality as well as
their status, i.e., whether manufacturer or agents of manufacturer holding the Letter of
Authority of the principal specifically authorizing the agent to make an offer in India in
response to Tender either directly or through the agents/representatives.
2.2.2 The amount of commission/remuneration included in the price (s) quoted by the Bidder
for himself.
2.2.3 Confirmation of the foreign principals of the Bidder that the commission/remuneration,
if any, reserved for the Bidder in the quoted price (s), may be paid by AASL in India
in equivalent Indian Rupees on satisfactory completion of the Project or supplies of
Stores and Spares in case of operation items.
2.3
In either case, in the event of contract materializing, the terms of payment will provide
for payment of the commission/remuneration, if any payable to the
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agents/representatives in India in Indian Rupees on expiry of 90 days after the
discharge of the obligations under the contract.
2.4
Failure to furnish correct and detailed information as called for in paragraph-2.0 above
will render the concerned Bid liable to rejection or in the event of a contract
materializing, the same liable to termination by AASL. Besides this there would be a
penalty of banning business dealings with AASL or damage or payment of a named
sum.
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GUIDELINES ON BANNING OF BUSINESS DEALINGS
CONTENTS
S.No.
Description
Page(s)
1.
Introduction
61
2.
Scope
61
3.
Definitions
62
4.
Initiation of Banning / Suspension
63
5.
Suspension of Business Dealings
63-64
6.
Ground on which Banning of Business Dealing can be
initiated
64-65
7.
Banning of Business Dealings
65-66
8.
Removal from List of Approved Agencies-Suppliers /
Contractors etc.
67
9.
Procedure for issuing Show-cause Notice
67
10.
Appeal against the Decision of the Competent Authority
67
11.
Review of the Decision by the Competent Authority
12.
Circulation of the names of Agencies with whom
Business Dealings have been banned
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67-68
68
1.
2.
Introduction
1.1
AASL, being a Public Sector Enterprise and ‘State’, within the meaning of
Article 12 of the Constitution of India, has to ensure preservation of rights
enshrined in Chapter III of the Constitution. AASL has also to safeguard its
commercial interests. AASL deals with Agencies, who have a very high
degree of integrity, commitments and sincerity towards the work undertaken. It
is not in the interest of AASL to deal with Agencies who commit deception,
fraud or exercise of coercion or undue influence or other misconduct in the
execution of contracts awarded / orders issued to them. In order to ensure
compliance with the constitutional mandate, it is incumbent on AASL to
observe principles of natural justice before banning the business dealings with
any Agency.
1.2
Since banning of business dealings involves civil consequences for an Agency
concerned, it is incumbent that adequate opportunity of hearing is provided
and the explanation, if tendered, is considered before passing any order in this
regard keeping in view the facts and circumstances of the case.
Scope
2.1
The General Conditions of Contract (GCC) of AASL generally provide that
AASL reserves its rights to remove from list of approved suppliers/contractors
or to ban business dealings, if any Agency has been found to have committed
misconduct, violation of any law or any term of the agreement and also to
suspend business dealings pending investigation. If such provision does not
exist in any GCC, the same may be incorporated or be deemed to be
incorporated.
2.2
Similarly, in case of sale of material there is a clause to deal with the
Agencies/customers/buyers, who indulge in lifting of material in unauthorized
manner. If such a stipulation does not exist in any Sale Order, the same may
be incorporated.
2.3
However, absence of such a clause does not in any way restrict the right of
Company (AASL) to take action/decision under these guidelines in appropriate
cases.
2.4
The procedure of (i) Removal of Agency from the List of approved suppliers /
contractors; (ii) Suspension and (iii) Banning of Business Dealing with
Agencies, has been laid down in these guidelines.
2.5
These guidelines apply to all the Departments/Stations and subsidiaries of
AASL.
2.6
It is clarified that these guidelines do not deal with the decision of the
Management not to entertain any particular Agency due to its poor/inadequate
performance or for any other reason.
2.7
The banning shall be with effect, i.e., future business dealings.
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3.
Definitions
In these Guidelines, unless the context otherwise requires:
i)
‘Party/Contractor/Supplier/Purchaser/Customer’ shall mean and include a public
limited company or a private limited company, a firm whether registered or not,
partnership, an individual, a cooperative society or an association or a group of
persons
engaged
in
any
commerce,
trade,
industry,
etc.
‘Party/Contractor/Supplier/Purchaser/Customer’ in the context of these
guidelines is indicated as ‘Agency’.
ii)
‘Inter-connected Agency’ shall mean two or more companies having any of the
following features:
a)
b)
c)
d)
If one is a subsidiary of the other.
If the Director(s), Partner(s), Manager(s) or Representative(s) are common;
If Management is common;
If one owns or controls the other in any manner, whether directly or
indirectly;
iii) ‘Competent Authority’ and ‘Appellate Authority’ shall mean the following:
a)
For Company (entire AIL) Wide Banning
The Executive Director – SBU in charge of Procurement shall be the
„Competent Authority‟ for the purpose of these guidelines. Chairman, AIL
shall be the „Appellate Authority‟ in respect of such cases.
b) In case the foreign supplier is not satisfied by the decision of the First
Appellate Authority, it may approach AIL Board as Second Appellate
Authority.
c)
For Departments / Stations only
Any officer not below the rank of Executive Director appointed or nominated
by the Functional Director / SBU Head shall be the „Appellate Authority‟ in all
such cases.
d)
For Corporate Office only
For procurement of items / award of contracts, to meet the requirement of
Corporate Office only, Head of CMMG shall be the “Competent Authority”
and Director (Technical) shall be the “Appellate Authority”.
e) Chairman, AIL shall have overall power to take suo-moto action on any
information available or received by him and pass such order(s) as he may
think appropriate, including modifying the order(s) passed by any authority
under these guidelines.
iv) ‘Investigating Department’ shall mean any Department or Unit investigating into
the conduct of the Agency and shall include the Vigilance Department, Central
Bureau of Investigation, the State Police or any other authority or agency set up
by the Central or State Government having powers to investigate.
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v) ‘List
of
approved
Agencies
Parties/Contractors/Suppliers/
Purchasers/Customers shall mean and include list of approved/registered
Agencies - Parties/Contractors/Suppliers/ Purchasers/Customers, etc.
4. Initiation of Banning/Suspension
Action for banning/suspension of business dealings with any Agency should be
initiated by the department having business dealings with them after noticing the
irregularities or misconduct on their part. The Vigilance Department of AIL shall
have the right to recommend banning/suspension and this shall be binding on the
Department/SBU and non-compliance of these recommendations/instructions
shall be deemed to be a misconduct on the part of the Head of the
Department/SBU.
5.
Suspension of Business Dealings
5.1 If the conduct of any Agency dealing with AASL is under investigation by any
department (except Foreign Suppliers of imported coal/coke), the Competent
Authority may consider whether the allegations under investigation are of a
serious nature and whether pending investigation, it would be advisable to
continue business dealing with the Agency. If the Competent Authority, after
consideration of the matter including the recommendation of the Investigating
Department, if any, decides that it would not be in the interest to continue
business dealings pending investigation, it may suspend business dealings with
the Agency. The order to this effect may indicate a brief of the charges under
investigation. If it is decided that inter-connected Agencies would also come
within the ambit of the order of suspension, the same should be specifically
stated in the order. The order of suspension would operate for a period not more
than six months and may be communicated to the Agency as also to the
Investigating Department. The Investigating Department may ensure that their
investigation is completed and whole process of final order is over within such
period.
5.2 The order of suspension shall be communicated to all Departmental Heads
within the Departments/Stations. During the period of suspension, no business
dealing may be held with the Agency.
5.3 As far as possible, the existing contract(s) with the Agency may continue unless
the Competent Authority, having regard to the circumstances of the case,
decides otherwise.
5.4 If the gravity of the misconduct/violation under investigation is very serious and it
would not be in the interest of AASL, as a whole, to deal with such an Agency
pending investigation, the Competent Authority may send his recommendation to
Chief Vigilance Officer (CVO), AASL Corporate Office along with the material
available. If Corporate Office considers that depending upon the gravity of the
misconduct/violation, it would not be desirable for all the Departments/Stations
and Subsidiaries of AIL to have any dealings with the Agency concerned, an
order suspending business dealings may be issued to all the
Departments/Stations by the Competent Authority of the Corporate Office, copy
of which may be endorsed to the Agency concerned. Such an order would
operate for a period of six months from the date of issue.
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5.5 For suspension of business dealings with Foreign Suppliers, following shall be
the procedure:i)
Suspension of the foreign suppliers shall apply throughout the Company
including Subsidiaries or group companies.
ii) Based on the complaint forwarded by ED-Procurement or received directly
by Corporate Vigilance, if gravity of the misconduct under investigation is
found serious and it is felt that it would not be in the interest of AASL to
continue to deal with such agency, pending investigation, Corporate
Vigilance may send such recommendation on the matter to Executive
Director-Procurement to place it before a Committee consisting of the
following:
1.
2.
3.
4.
Director-Finance/Head of Corporate Finance;
SBU Head/Department concerned;
ED-Headquarters/Head of Corporate Office;
GM-Legal/Head of Corporate Law.
The committee shall expeditiously examine the report, give its
comments/recommendations within twenty one days of receipt of the
reference by ED-Procurement.
iii) The comments/recommendations of the Committee shall then be placed by
ED-Procurement before the Board of AASL and if the Board opines that it is
a fit case for suspension, SBU Head may pass necessary orders which shall
be communicated to the foreign supplier by ED-Headquarters.
5.6 If the Agency concerned asks for detailed reasons of suspension, the Agency
may be informed that its conduct is under investigation. It is not necessary to
enter into correspondence or argument with the Agency at this stage.
5.7 It is not necessary to give any show-cause notice or personal hearing to the
Agency before issuing the order of suspension. However, if investigations are not
complete in six months‟ time, the Competent Authority may extend the period of
suspension by another three months, during which period the investigations must
be completed.
6.
Grounds on which Banning of Business Dealings can be initiated
6.1
If the security consideration, including questions of loyalty of the Agency to
the State, so warrants;
6.2
If the Director/Owner of the Agency, proprietor or partner of the firm, is
convicted by a Court of Law for offences involving moral turpitude in relation
to its business dealings with the Government or any other public sector
enterprises or AASL, during the last five years;
6.3
If there is strong justification for believing that the Directors, Proprietors,
Partners, owner of the Agency have been guilty of malpractices such as
bribery, corruption, fraud, substitution of tenders, interpolations, etc;
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6.4
If the Agency continuously refuses to return/refund the dues of AASL
without showing adequate reason and this is not due to any reasonable
dispute which would attract proceedings in arbitration or Court of Law;
6.5
If the Agency employs a public servant dismissed/removed or employs a
person convicted for an offence involving corruption or abetment of such
offence;
6.6
If business dealings with the Agency have been banned by the Govt. or any
other public sector enterprise;
6.7
If the Agency has resorted to Corrupt, fraudulent practices, coercion, undue
influence and other violations including misrepresentation of facts;
6.8
If the Agency uses intimidation/threatening or brings undue outside
pressure on the Company (AASL) or its official in acceptance/ performances
of the job under the contract;
6.9
If the Agency indulges in repeated and/or deliberate use of delay tactics in
complying with contractual stipulations;
6.10
Wilful indulgence by the Agency in supplying sub-standard material
irrespective of whether pre-despatch inspection was carried out by Company
(AASL) or not;
6.11
Based on the findings of the investigation report of CBI/Police/internal
Vigilance or any other investigative agency including Government Audit
against the Agency for malafide/unlawful acts or improper conduct on his
part in matters relating to the Company (AASL) or even otherwise;
6.12
Established litigant nature of the Agency to derive undue benefit;
6.13
Continued poor performance of the Agency in several contracts;
6.14
If the Agency misuses the premises or facilities of the Company (AASL),
forcefully occupies tampers or damages the Company‟s properties including
land, water resources, forests / trees, etc.
(Note: The examples given above are only illustrative and not exhaustive.
The Competent Authority may decide to ban business dealing for any good
and sufficient reason).
7.
Banning of Business Dealings
7.1 Normally, a decision to ban business dealings with any Agency should apply
throughout the Company including Subsidiaries And group companies. However,
the Competent Authority of the Department/Unit except Corporate Office can
impose such ban unit-wise only if in the particular case banning of business
dealings by respective Department/Unit will serve the purpose and achieve its
objective and banning throughout the Company is not required in view of the
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local conditions and impact of the misconduct/default to beyond the
Department/Unit. Any ban imposed by Corporate Office shall be applicable
across all Departments/Stations of the Company including Subsidiaries and
group companies.
7.2
For Company-wide banning, the proposal should be sent by ACVO of the
Department/Unit to the CVO through the Chief Executive of the
Department/Unit setting out the facts of the case and the justification of the
action proposed along with all the relevant papers and documents except for
banning of business dealings with Foreign Suppliers of imported coal/coke.
The Corporate Vigilance shall process the proposal of the Department/Unit for
a prima-facie view in the matter by the Competent Authority nominated for
Company-wide banning.
The CVO shall get feedback about that agency from all other
Departments/Stations. Based on this feedback, a prima-facie decision for
banning/or otherwise shall be taken by the Competent Authority.
If the prima-facie decision for Company-wide banning has been taken, the
Corporate Vigilance shall issue a show-cause notice to the agency conveying
why it should not be banned throughout AASL.
After considering the reply of the Agency and other circumstances and facts of
the case, a final decision for Company-wide banning shall be taken by the
Competent Authority.
7.3
7.4
There will be a Standing Committee in each Department/Unit to be appointed
by Chief Executive for processing the cases of “Banning of Business
Dealings” except for banning of business dealings with foreign suppliers of
coal/coke. However, for procurement of items/award of contracts, to meet the
requirement of Corporate Office only, the committee shall be consisting of
Executive Director/General Manager from Finance, Procurement and Legal:
i)
To study the report of the Investigating Agency and decide if a primafacie case for Company-wide/Local unit wise banning exists, if not, send
back the case to the Competent Authority.
ii)
To recommend for issue of show-cause notice to the Agency by the
concerned department.
iii)
To examine the reply to show-cause notice and call the Agency for
personal hearing, if required.
iv)
To submit final recommendation to the Competent Authority for banning
or otherwise.
If the Competent Authority is prima-facie of the view that action for banning
business dealings with the Agency is called for, a show-cause notice may be
issued to the Agency as per paragraph 9.1 and an enquiry held accordingly.
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8.
9.
Removal from List of Approved Agencies - Suppliers/Contractors, etc.
8.1
If the Competent Authority decides that the charge against the Agency is of a
minor nature, it may issue a show-cause notice as to why the name of the
Agency should not be removed from the list of approved Agencies Suppliers/Contractors, etc.
8.2
The effect of such an order would be that the Agency would not be disqualified
from competing in Open Tender Enquiries.
8.3
Past performance of the Agency may be taken into account while processing
for approval of the Competent Authority for awarding the contract.
Show-cause Notice
9.1
In case where the Competent Authority decides that action against an Agency
is called for, a show-cause notice has to be issued to the Agency. Statement
containing the imputation of misconduct or misbehaviour may be appended to
the show-cause notice and the Agency should be asked to submit within 15
days a written statement in its defence.
9. 2
If the Agency requests for inspection of any relevant document in possession
of AASL, necessary facility for inspection of documents may be provided.
9.3
The Competent Authority may consider and pass an appropriate speaking
order:
a) For exonerating the Agency if the charges are not established;
b) For removing the Agency from the list of approved Suppliers/Contactors,
etc.
c) For banning the business dealing with the Agency.
9.4
10.
11.
If it decides to ban business dealings, the period for which the ban would be
operative may be mentioned. The order may also mention that the ban would
extend to the interconnected Agencies of the Agency.
Appeal against the Decision of the Competent Authority
10.1
The Agency may file an appeal against the order of the Competent Authority
banning business dealing, etc. The appeal shall be to the Appellate Authority.
Such an appeal shall be preferred within one month from the date of receipt of
the order banning business dealing, etc.
10.2
Appellate Authority would consider the appeal and pass appropriate order
which shall be communicated to the Agency as well as the Competent
Authority.
Review of the Decision by the Competent Authority
Any petition/application filed by the Agency concerning the review of the banning
order passed originally by Chief Executive/Competent Authority under the existing
guidelines either before or after filing of appeal before the Appellate Authority or after
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disposal of appeal by the Appellate Authority, the review petition can be decided by
the Chief Executive/Competent Authority upon disclosure of new facts/circumstances
or subsequent development necessitating such review. The Competent Authority
may refer the same petition to the Standing Committee for examination and
recommendation.
12. Circulation of the names of Agencies with whom Business Dealings have been
banned
12.1
Depending upon the gravity of misconduct established, the Competent
Authority of the Corporate Office may circulate the names of Agency with
whom business dealings have been banned, to the Government Departments,
other Public Sector Enterprises, etc. for such action as they deem appropriate.
12.2
If Government Departments or a Public Sector Enterprise request for more
information about the Agency with whom business dealings have been
banned, a copy of the report of Inquiring Authority together with a copy of the
order of the Competent Authority/Appellate Authority may be supplied.
12.3
If business dealings with any Agency have been banned by the Central or
State Government or any other Public Sector Enterprise, AASL may, without
any further enquiry or investigation, issue an order banning business dealing
with the Agency and its inter-connected Agencies.
12.4
Based on the above, Departments/Stations may formulate their own
procedure for implementation of the Guidelines.
Page 65 of 69
AIRLINE ALLIED SERVICES LTD.
INTEGRITY PACT PROGRAM
I.
INTRODUCTION
Airline Allied Services Ltd. (AASL) is a premier Public Sector airline (a wholly owned
subsidiary of Air India Limited) engaged in air transportation of passengers and cargo
in India. The brand name of the Company is Alliance Air and it conducts its business
by benchmarking itself to the highest ethical standards, and adopting the best
practices followed by the industry.
It does business with a number of domestic and international Bidders, Contractors
and Vendors of goods and services (Counterparties). AASL is committed to fostering
the most ethical and corruption free business environment. AASL values its
relationships with all Counterparts and deals with them in a fair and transparent
manner.
In order to achieve these goals, AASL is implementing the Integrity Pact Program in
cooperation with Central Vigilance Commission (CVC) in respect of all contracts of
the value of Rs.10 crores and above. As a part of this initiative, AASL will, in
consultation with CVC, appoint external Independent Monitors who will help AASL in
implementing the Integrity Pact Program. The Integrity Pact would be signed by the
Principal and the Vendor at the pre-tendering stage itself, and will form part of the
Tender document. A pre-signed Integrity Pact by the Principal would form part of the
Tender document. The Vendors would sign the Pact and submit it along with the
financial and technical Bids.
The ingredients of AASL‟s Integrity Pact Program are broadly based on:





II)
Commitments and Obligation of AASL and its employees
Commitments and Obligation of Counterparties
Violation and Consequences
Independent Monitor
Implementation Guidelines
Role of Independent Monitors.
COMMITMENTS AND OBLIGATION OF AASL
a) AASL is committed to have the most ethical and corruption free business
dealings with its Counterparties.
b) AASL values its relationship with all Counterparties and will deal with them in a
fair and transparent manner.
c) AASL and/or its Associates (employees, agents, consultants, advisors, etc.) will
not seek or take bribes / undue benefit directly or indirectly for themselves or for
third parties.
Page 66 of 69
d) In a competitive tender as well as in general procurement, AASL will deal with all
Counterparties with equity, reason and fairness.
e) AASL will exclude all Associates who may be prejudiced or have a Conflict of
Interest in dealings with Counterparties.
f)
AASL will honour its commitments and make due payments to Counterparties in
a timely manner.
g) AASL will initiate action and pursue it vigorously whenever corruption or
unethical behaviour occurs.
COMMITMENTS AND OBLIGATIONS OF THE ‘COUNTER-PARTY’
III)
a) The Counterparty, directly or indirectly (through Agent, consultant, advisor, etc.),
will not pay any bribes or give illegal benefit to anyone to gain undue advantage
in dealing with the Principal, AASL.
b) The Counterparty will not engage in collusion, Price-Fixing, etc. with other
Counterparties in dealing with the Principal, AASL.
c) The Counterparty will not pass on to any third party any of the Principal‟s
confidential information unless authorized by the organization.
d) The Counterparty will promote and observe best ethical practices within its
organization.
e) The Counterparty will inform the Independent Monitor:
i)
If it receives demand for a bribe or illegal payment/benefit
ii) If it comes to know of any unethical or illegal practice in the Principal‟s
organization (AASL)
iii)
f)
IV)
If it makes any payment to any of AASL‟s Associates.
The Counterparty will not make any false or misleading allegations against AASL
or its Associates.
VIOLATIONS & CONSEQUENCES
a) If a Counterparty commits a violation of its Commitments and Obligations under
the Integrity Pact Program during the bidding process, it shall be liable to
compensate AASL by way of Liquidated damages amounting to a sum
equivalent to 3% of the value of the offer or the amount equivalent to Earnest
Money Deposit/Bid Security, whichever is higher or an amount determined by the
Independent Monitor.
b) In case of violation of the Integrity Pact whereby after award of the Contract the
Principal (AASL) terminates or is entitled to terminate the Contract, AASL shall
be entitled to demand and recover from the Contractor liquidated damages
Page 67 of 69
equivalent to 5% of the contract value or the amount equivalent to Security
Deposit/Performance Bank Guarantee, whichever is higher or an amount
determined by the Independent Monitor.
c) AASL may ban and exclude the Counterparty from future dealings until the
Independent Monitor is satisfied that the Counterparty will not commit any future
violation.
d) AASL may initiate criminal proceedings against the violating Counterparty,
depending on the gravity of the violation.
e) In case there is a violation of the Integrity Pact by the Principal (AASL) or its
Associates (i.e. employees, agents, consultants, advisors, etc.), AASL
undertakes to take appropriate action against them.
f)
V)
If the complaint made by a Counterparty is found to be frivolous or mischievous,
action in the form of certain sanctions would be taken against the said
complainant.
INDEPENDENT MONITOR
1) Chairman & MD, AIL, is the authority to appoint Independent Monitor(s) to
oversee the implementation and effectiveness of the Integrity Pact Program. The
process for their appointment shall be similar to Outside Expert Committee
(OEC). For this purpose, a panel of Independent Monitors may be constituted by
AIL and the same may be referred to CVC for clearance.
2) The Independent Monitor will be a person of Impeccable Integrity,
Knowledgeable of AIL‟s business and experienced in commercial activities.
3) It will be a voluntary, non-salaried position of 3 years terms. Independent Monitor
will have stature /benefits similar to those of Chairman of the Audit Committee of
Board/status of the Directors of AIL. The remuneration and perquisites would be
similar to the remuneration/perks of independent Directors on the Board of AIL.
4) The main objective of the Independent Monitor will be to oversee the
implementation of the Integrity Pact Program, to prevent corruption, or any other
unethical practices in the implementation of the contract.
5) The Independent Monitor will not have administrative or enforcement
responsibilities. He will coordinate his efforts through the CVO or other anticorruption institutions such as CVC. (He may engage services of outside
agencies such as accounting firms, law firms, etc. at AIL‟s expense, if required,
in discharge of his responsibilities after obtaining the approval of the Chairman &
M.D.)
6) The Independent Monitor will have access to all offices and internal records of
the Principal in respect of the Tender in question. He will also have access to
Counterparties‟ records and information regarding its dealing with the Principal.
7) The Independent Monitor will have the right to attend any meetings between the
Principal and the Counterparties. As far as possible, the meetings should be
Page 68 of 69
scheduled in India. In respect of any meeting to be held outside India,
attendance by the Independent Monitor would be decided in consultation with the
Chairman & M.D., AIL.
8) If the Independent Monitor observes or suspects an irregularity, he will inform the
Chairman of AIL. Once the Independent Monitor is satisfied that any irregularity
has taken place, he may also inform the CVO and CVC.
VI)
IMPLEMENTATION GUIDELINES
To implement the Integrity Pact Program, the following general Guidelines are
suggested:
a) To select and appoint a Panel of Independent Monitors in consultation with the
CVC.
b) To get commitment from all Senior Level executives/officials of AASL to
implement the program. It should be recognized that there may be resistance to
Integrity Pact program.
c) To develop detailed implementations plans and finalize the Integrity Pact
document in consultation with the Independent Monitors.
d) To notify all senior staff members, Board of Directors, any other over-sight body
of the Organization and major suppliers of AASL‟s plans to implement Integrity
Pact program, which is to be includedin AIL‟s web site and also disclose this
initiative to the media.
VII)
PERIODIC REVIEW & EVALUATION
It is recommended that the Board of Directors of AASL periodically review the
effectiveness of Integrity Pact Program by all or some of the following measures:1) The Independent Monitors and senior leadership of AASL do an annual selfassessment of Integrity Pact Program effectiveness and identify areas / ways to
improve the same.
2) The Independent Monitor will submit an annual report on the progress /
effectiveness of Integrity Pact Program to the Board of Directors of AASL.
3) AASL may conduct an annual 360-degree review (through an outside agency, if
required) with senior executives, junior executives, suppliers, and competitors,
regarding the effectiveness of the Integrity Pact Program in reducing corruption.
Feed-back may be taken from the junior and senior executives of the Principal,
suppliers and competitors.
4) AASL should meet with CVC on an annual basis to review the effectiveness of
the program.
Page 69 of 69

Tender ATR 72-600 Component Support_AASL

Transcription

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