REQUEST FOR PROPOSAL (RFP)

For Providing the facilities for Hajj 2015 (Subhead: Providing Prefabricated Covered
steel Super structure along with Platform, General lighting, Fans, Carpet & Signboards,
including realignment for Departure and Arrival) (hereinafter referred to as Work/s) at
Kempegowda International Airport Bengaluru, for the entire period of Hajj pilgrimage for
the year 2015

Name and address of the entity seeking proposal:

Bangalore International Airport Limited.
Administration Block,
Kempegowda International Airport Bengaluru
Bangalore 560 300
Web: www.bialairport.com
Person responsible for any additional information and receipt of proposals:
DGM Procurement and Contracts, Bangalore International Airport Limited
E-Mail: e&mbid@bialairport.com

DISCLAIMER
1.

2.

The information contained in this RFP document or subsequently provided to the

Bidders, whether verbally or in documentary or any other form by or on behalf of
Bangalore International Airport Limited (BIAL) or any of its employees or advisers, is
provided to the proposers on the terms and conditions set-out in this RFP, and such
other terms and conditions subject to which, such information is provided.
This RFP is neither an agreement, nor, an offer by BIAL to the prospective Bidders or to
any other person. The purpose of this RFP, is to provide the Bidders with the
information, that may be useful to them, in the formulation of their Proposal. This RFP
includes statements, which reflect various assumptions and assessments arrived at by
BIAL in relation to the work. Such assumptions, assessments and statements do not
purport to contain all the information, that each Bidder may require. This RFP may
not be appropriate for all the persons, and it is not possible for BIAL, its employees or
advisers to consider the objectives, technical expertise and particular needs of each
party, who reads or uses this RFP. The assumptions, assessments, statements and
information contained in this RFP, may not be complete, accurate, adequate or
correct. Each Bidder should, therefore, conduct its own investigations and analysis,
and should check the accuracy, adequacy, correctness, reliability and completeness of
the assumptions, assessments and information contained in this RFP, and obtain
independent advice from appropriate sources.

3.

Information provided in this RFP to the proposers is on a wide range of matters, some
of which, depends upon interpretation of law. The information given, is not an
exhaustive account of statutory requirements, and should not be regarded as a
complete or authoritative statement of law. BIAL accepts no responsibility for the
accuracy, or otherwise for any interpretation or opinion on the law expressed herein.

4.

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

5.

BIAL also accepts no liability of any nature, whether resulting from negligence or
otherwise, however caused, arising from reliance of any Bidder upon the statements
contained in this RFP. It is the responsibility of the Bidders to make their own
assessments in preparing their Proposals.

6.

BIAL may, in its absolute discretion, but, without being under any obligation to do so,
update, amend or supplement the information, assessment or assumption contained in
this RFP.

7.

The proposer shall bear all its costs associated with or relating to the preparation and
submission of its Proposal including, but not limited to preparation, copying, postage,
delivery fees, expenses associated with any demonstration or presentation, which may
be required by BIAL or any other cost incurred in connection with or relating to its
Proposal. All such costs and expenses will remain with the Bidder, and BIAL shall not
be liable in any manner whatsoever, for the same, or, for any other costs, or, other
expense, incurred by any Bidder, in preparation or submission of the Proposal,
regardless of the conduct or outcome of the selection process.

8.

BIAL reserves the right to accept or reject any or all Proposals; qualify or disqualify
any or all proposers without giving any reason, and is not obliged to correspond with

any proposer in this regard. Further, BIAL reserves the right to relax, change, review,
revise or/and cancel the eligibility criteria and the RFP process, at any time, without
prior notice or without assigning any reason whatsoever. This invitation for RFP does
not give rise to any right in rem, and is not an offer or invitation to offer.
9.

BIAL will not entertain any claim for expenses in relation to the preparation of any
Proposal pursuant hereto.

10.

BIAL at its absolute discretion, reserves the right, until the closure of the Proposal
submission, to modify any proposed terms and conditions set-out in the RFP as
necessary, including but not limited to cancelling/withdrawing the RFP, to meet its
objectives and principles as set-out below in this section.

TABLE OF CONTENT

1.0

Introduction

2.0

Objective

3.0

Instructions to bidders

4.0

Scope

5.0

Evaluation criteria & proposal submission requirements

6.0

Award of process

7.0

Appendix I: Contract General Terms & conditions

Schedule A: Scope service and Location
Schedule B: Contract Price and Schedule of payments
Schedule C: Performance Bank Guarantee

8.0.

Appendix II: Scope of Works

1.
2.
3.
4.
5.
6.
7.
8.
9.

Scope of work
Deliverables
Schedule of Payments
Location description
Layout description
Technical details
Quality & Sustainability
Drawings
Schedule of Quantities

ANNEXTURE A: LETTER OF UNDERTAKING

ANNEXTURE B: FIRM/COMPANY BACKGROUND DETAILS
ANNEXTURE C: DOCUMENTS TO BE FURNISHED
ANNEXTURE D: FINANCIAL PROPOSAL
ANNEXTURE E: LABOUR COMPLIANCE

1.

INTRODUCTION:

1.1

Kempegowda International Airport, Bengaluru

Bangalore International Airport Limited (BIAL,), the owner and operator of the
Kempegowda International Airport Bengaluru (Airport), a company registered under
the Companies Act, 1956. The Airport is built and is being operated with the best
international standards. BIAL is committed to establishing this Airport as one of Indias
leading airports, in terms of quality, efficiency and services to its passengers and set a
benchmark for the future development of Indian airports. The Airport is currently the
third largest airport in India.
Further information on the upcoming new-and-improved Airport can be viewed at
www.bengaluruairport.com

2.

OBJECTIVE:
BIAL intends and is desirous to provide world class facilities to the Hajj pilgrims, by
installing prefabricated covered steel super structure along with platform, general
lighting, fans, carpet & signboards, including realignment for departure and arrival
gates in the termporary hajh terminal at the Airport for the entire period of Hajj
pilgrimage for the year 2015 traveling through the Airport and for achieving this prime
objective, BIAL is interested in receiving proposals from suitably qualified and
experienced contractors/firms/companies for providing and discharging the Works at
the Airport on the terms and conditions contained in this RFP. The Proposal shall
comply with all the standards listed in the technical specification, drawings, timeline
and schedule of quantities mentioned in the RFP.

3.

INSTRUCTIONS TO BIDDERS
The Bidders shall submit a valid and binding Proposal for providing and discharging the
Works at the Airport on or before the due date of submission. However, the Bidders
are requested to submit a valid and binding financial Proposal for a period of three
(03) years and in the event of extension as mentioned in the RFP, BIAL will pay only as
per the financial proposal submitted by the successful Bidder.

3.1

BIAL has adopted the following tentative schedule for submission of the Proposals,
selection and award of tender under this RFP:
Description and Tentative Dates:
Sl.No
1
2
3

3.2

Heading
Date of uploading the RFP
Site Visit by Bidder, Last date for
queries and Pre bid briefing (With
prior appointment)
Last date for submission of Proposals

Date
1th June 2015
4th and 5th June 2015
12th June 2015

Due Date
Bidders shall submit the signed and sealed hard copy of the Proposal (by courier,
registered post or by hand delivery) in writing, during 0900 to 1700 hours Indian
Standard Time, on or before the Due Date i.e, 15th June 2015, to BIAL at the following
address:

Bangalore International Airport Limited

Administration Block,
Kempegowda International Airport, Bengaluru
Bangalore 560 300
Attention: DGM- Procurements & Contracts, Bangalore International Airport
Limited.
Email: e&mbid@bialairport.com
Any Proposal submitted by either facsimile transmission or e-mail, or submitted
separately, shall not be acceptable. Any Proposal received after the due date and
time, shall be summarily rejected.
3.3

Performance Bank Guarantee /Security

In order to ensure the due performance of the successful bidder, the successful bidder,
shall provide a performance bank guarantee, equivalent to ten (10%) percentage of
the total cost of the Works not later than seven (7) days (excluding Saturdays, Sundays
and public holidays) from the date of award of the Tender. In the event the Successful
bidder fails to furnish the performance bank guarantee, BIAL will deduct amount
equivalent to the performance bank guarantee from first bills payable to the successful
bidder and the same will be converted as performance security deposit. The
performance bank guarantee or security deposit will be refunded after One (1) months
of removal/dismantling of Works by the successful bidder. The performance security
deposit will not carry any interest. It is further agreed by the successful biddert that it
will provide a fresh bank guarantee, if the contrct is extended for the next year.

3.5

Addendum/Corrigendum
3.5.1 At any time prior to the closure of the Proposal submission date, BIAL for any
reason, shall have the right to modify the RFP by issuing
Addendum/Corrigendum. Any Addendum/Corrigendum issued, shall be a part of
the RFP pursuant to this Clause, and shall be uploaded in the web, or
communicated in writing by email or by fax to all the Bidders.
3.5.2 In order to afford the Bidders reasonable time to take an amendment into
account, or for any other reason, BIAL may, at its sole discretion, extend the
due date for submission of the Proposals, in which case, all rights and
obligations of BIAL, and the Bidders previously subject to the original deadline
will thereafter be subject to the extended deadline.
3.5.3 In the case of issuance of Addendum/Corrigendum, BIAL shall have the right to
also modify the other dates in relation to this RFP.
3.5.4 In case, after issuance of Addendum/Corrigendum, the Bidder/s, who have
already submitted their Proposals, do not resubmit their bids, but can submit
the modification, if so desired by them, in accordance with the terms and
conditions of this RFP, to the extent of Addendum/Corrigendum, and the same
shall be treated as part of already submitted proposal. However, if the
Bidder/s, who has/have already submitted their Proposals, do not modify their
bids, pursuant to the Addendum/Corrigendum, it shall be deemed that, such
Bidder/s do not intend to modify their Proposals submitted, on the basis of the
Addendum/Corrigendum and the proposal submitted by such bidder shall be
treated as final proposal submitted by them.

3.6

In the event that BIAL is required to issue a Corrigendum or an Addendum to the RFP,
all Bidders are required to provide, additional and/or supplementary information
relevant to the Corrigendum or Addendum in accordance with the corrigendum and
addendum and on the same name submitted along with the original proposal.

3.7

Proposal Validity Period

The Proposal shall be unconditional, firm and valid for a period of 60 (Sixty) days from
the due date of opening of Proposal. Any Proposal, which has validity lower than that
specified above, shall be rejected by BIAL as being non-responsive. However, in
exceptional circumstances, if the process of the award of contract is not completed
within the initial Proposal Validity Period of 60 (sixty) days, BIAL may request the
Bidders to extend the Proposal beyond the Proposal Validity Period by an additional
period of 30 (thirty) days, and BIAL shall, at least seven days prior to the expiry of the
initial period of 60 (sixty) days, notify the Bidders accordingly. A bidder may refuse the
request without forfeiting his bid security. A bidder agreeing to the request shall not
be permitted to modify his bid, but shall be required to extend the validity of his/its
bid. All the terms of the bidding shall continue to be applicable during the extended
period of validity.

3.7

Inspection
The Bidders are advised to visit and inspect the location and its surroundings, and
obtain for itself on its own responsibility and cost, all information that may be
necessary for preparing the Proposal. Further, it shall be deemed that, the Bidder has
undertaken a visit to the locations, and the Airport and is aware of the facts, prior to
submission of the Proposal.

3.8

Responsibility of Bidders:
3.8.1 The Bidder agrees that, all information pertaining to BIALs business and other
information by BIAL are confidential information of BIAL. The same shall be
kept confidential and shall not be disclosed to any third party without the prior
written approval of BIAL.
3.8.2 This RFP has been designed so that the Bidders can follow a step-by-step
process from Proposal preparation, to submission, to evaluation and award.
Each Bidder shall conduct its own investigations and analysis;, examine the
accuracy, reliability and completeness of the information provided in this RFP.
3.8.3 The Bidder shall examine and understand the RFP document and verify their
completeness. In the event that, there is any page or document obviously
missing, or, erroneously inserted in the document supplied, the bidder shall
apply to BIAL to have such discrepancy rectified well before the RFP closing
date.
3.8.4 The Bidder shall make all relevant investigations in relation to the performance
of its obligations pursuant to the bidders right.
3.8.5 The Bidder shall obtain and verify any and all information required by it, for the
purpose of completing the RFP, prior to submitting the proposal.

3.9

Other Conditions
All Bidders have been, and will continue to be provided, with the same background
information, supplementary information and any Corrigendum or Addendum to the
RFP.

3.10

Terms and conditions

The successful bidder shall enter into a definitive Agreement within the timeline as
mentioned in the Letters of Intent and the agreement format is attached hereto as
APPENDIX I. BIAL will make the payment to the successful bidder as per the payment
schedule mentioned in Schedule B of the agreement format and BIAL will make the
payment only for actual items used for the construction of temporary Hajj terminal
and only for the period mentioned in clause 4.1.1.

4.

SCOPE
successful bidders Scope of Works
The successful bidder shall perform, discharge and complete the Works as per the
plan/Drawing, timeline and technical specification as detailed out in APPENDIX II
(Scope).

4.1

Obligation of the successful bidder

The successful bidder shall:
4.1.1 Complete the Works in a professional manner as detailed in the Scope of work
and within the time line mentioned this document;
4.1.2 comply with all the applicable laws relating to labour as mentioned in Annexure
E;
4.1.3 comply with all /rules/other guidelines, applicable law related to aviation,
safety enactments guidelines etc.;
4.1.4 Comply with the applicable law relating to aviation and environment;
4.1.5 be liable for any damages to property or personal injuries, which are a result
due to the gross negligence and misconduct of the employees of it;
4.1.6 complete the Work and hand over the temporary Hajj terminal building on or
before 16th August, 2015 and shall maintain the same till 15th November 2015
or until the last hajj flight lands at the Airport and as per the Scope and
professional manner;

.
4.1.7 hold or obtain the relevant licenses from the governmental authorities;
4.1.8 be responsible for the timely completion of the Works as per the plan/drawing,
timeline and technical specification of BIAL;
4.1.9 appoint and roster required number technically qualified employees,
supervisors, managers for the timely completion of the Works at its own cost;
4.1.10 During the Tem of the contract, provide and make available the required skilled
men such as Electricians, plumbers, carpenters, helpers etc., and all material
or any other spares/replacement for smooth running of the temporary Hajj
terminal building.
4.1.11 be liable for any damages to property or personal injuries, which are a result
due to the gross negligence and misconduct of the employees of it;

4.1.12 be liable for the defective or deficiency of service of Airfield Debris

Management Services, and caused either directly, or by its representatives or
by its employees; and
4.1.13 at its own cost and expense, undertake, comply with and perform all
obligations;

its

4.1.14 adhere to all the applicable laws and also adhere to the safety code as well as
all other regulation applicable to safety in discharge at the Airport.; and
4.1.15 not do or omit to do any act, deed or thing which may in any
violate any applicable law related to aviation and Airport.

4.2

manner

be

Term
Since time is the essence of this Works, the successful Bidder shall provide the
facilities on or before 15th August, 2015 or earlier. The successful bidder shall
complete the Woks within the agreed time lines and shall maintain the termorary hajj
terminal building for the entire term of the hajj. The Term of the Contract may be
extended for a further period depending upon the level of service satisfaction by BIAL
and at the sole discretion of BIAL.

4.3

Taxes
The successful Bidder shall pay all contributions, taxes and premiums payable under
the Applicable Laws, during its performance under the Agreement and all applicable
sales tax, service tax and other taxes including transportation, occupational, etc., as
applicable.

4.4

Subcontracting
The successful bidder shall not sub contract any portion (part or full) of the Works,
with out the prior written consent from BIAL.

5.

EVALUATION CRITERIA AND PROPOSAL SUBMISSION REQUIREMENTS

BIAL intends to select only serious, committed and Bidders for entering into an
Agreement with BIAL.
Accordingly, the Bidders shall ensure that, sufficient
information is provided to enable BIAL to make judgments about their suitability. In
assessing the Proposals received, BIAL shall have regard to the quality and level of
information provided by the Bidders.

5.1

Evaluation Criteria and weightage:

Sl.No
5.1.1
5.1.2
5.1.3
5.1.4
5.1.5

Criteria
5 years of experience and number of similar Works
handled successfully.
Customer satisfaction certificate
Financial proposal
Financial Strength; and
Correctness, presentation and completeness of
proposal

Weightage (%)
25%
15%
30%
20%
10%

All the conditions given above have to be satisfied.

From the time the Proposals are opened, to the time the award of contract,
Bidders should not contact BIAL on any matter related to its financial proposal.
effort by the Bidder to influence BIAL in the examination, evaluation, ranking of
Proposals, and recommendation for award of the contract may result in
rejection/disqualification of the Bidders Proposal.

the
Any
the
the

BIAL shall evaluate the Proposals of only those Bidders, who have satisfied the criteria
and complied with the other requirements of this RFP.
BIAL will also consider the past performance of the Bidder, and its constituent
individuals or entities as applicable, on other contracts with BIAL in terms of quality of
its operation and management.
5.2

Grounds of Disqualification:
In addition to BIALs rights to disqualify any Bidder as set-out elsewhere in this RFP,
BIAL shall have the right, in its sole discretion, to disqualify any Bidder, and reject its
Proposal including, but not limited to any one or more of the following grounds:
5.2.1 Declaration of the Bidder as ineligible due to corrupt or fraudulent practices, in
any tender/bid process.
5.2.2 The Proposal not being accompanied by any supporting document/s or
Annexure/s, required to be submitted in accordance with this RFP.
5.2.3 Failure to comply with the requirements of the RFP, or the Proposal being nonresponsive to the requirements of the RFP. If the Proposal is not signed, sealed
and marked (as instructed below) as stipulated in the RFP, or does not contain
all the information as requested in the RFP, or in the format as specified in the
RFP or Annexure/s, BIAL may reject the Proposal as non-responsive.
5.2.4 If the Bidder submits incorrect/inaccurate/misleading information,
misrepresentation, in its Proposal which is in the sole opinion of BIAL, is
material information.
5.2.5 Any Proposal is received after the timeline as set-out in this RFP.

5.3

Format/Submission of Proposal:
The Proposal should be submitted for a period of three years by the Bidders in a sealed
envelope, and the Proposal must be marked as:
PRIVATE AND CONFIDENTIAL
PROPOSAL FOR Providing the facilities for Hajj 2015 (at the Airport
5.3.1 The Proposal shall consist of the following details in the same order:
a) An undertaking by the bidder, confirming that there is no litigation pending
and comply with the applicable laws. Annexure A
b) Firm/Company background in accordance with the details contained in
Annexure B
c) Certified copy of the documents as detailed in Annexure C;

10

d) Any other information as may be necessary to convey bidders ideas, and

wherever applicable, to provide any relevant additional/further
information.
Financial Proposal:
e) Financial Proposal Annexure D
6.

AWARD OF PROCESS

6.1

BIAL is conducting the award process in a fair and non-discriminatory manner and BIAL
will award the contract to the successful bidder, who has offered the best Proposal to
BIAL, in accordance with this RFP. BIAL reserves the right to negotiate with the
successful bidder/s during the bid process.

6.2

BIAL will issue a Letter of Intent to the successful bidder pursuant to the conclusion of
the bidding process as contemplated in this RFP. Following the issue of the Letters of
Intent to the successful bidder, to the address mentioned in the Proposal, and the
successful bidder shall enter into the Agreement within the period notified under the
Letter of Intent. Any change of address of the Bidder should be promptly notified to
BIAL.

11

APPENDIX-I
GENERAL TERMS & CONDITIONS
Format Agreement
CONTRACT
This Contract (Contract) is made and entered into in Bangalore on this the ___st day
of ___, 2015 (Execution Date) by and between;
BANGALORE INTERNATIONAL AIRPORT LIMITED, a Company incorporated under the
Companies Act, 1956, having its registered office at Administration Block, Kempegowda
International Airport Bengaluru, Bangalore 560 300 represented by its Director
Finance, Mr. Bodapati Bhaskar (hereinafter referred to as BIAL which term shall
include its representatives, successors and assignees) of the one part:
And
___________________, a Company incorporated under the Companies Act, 1956,
having its registered office at _____________________and represented by its ________,
Mr. ___________ (hereinafter referred to as the Contractor which term shall include
its representatives, successors and permitted assignees) of the other part.
BIAL and the Contractor shall individually be referred to as the Party and collectively
as the Parties, as the context may require.
WHEREAS:
A.

Pursuant to the Concession Agreement, the Government of India has granted BIAL
the exclusive right and privilege to carry out the development, design, financing,
construction, commissioning, maintenance, operation and management of the
Kempegowda International Airport Bengaluru (Airport), in accordance with the
terms contained therein;

B.

The Contractor is a facilities management services company whose services

includes, _____________________________;

C.

BIAL is desirous of availing the services for the installation of a temporary hajj
terminal building and its allied facilities at the Airport, to companies/firm/
entities having expertise in the above said service (hereinafter referred to as the
(Work/s) and had issued a Request for Proposal in connection with the same.
Pursuant to BIALs request for proposal, the Contractor has submitted its
proposal;

D.

BIAL has accepted the proposal of the Contractor and expressed its desire to
engage the services of the Contractor and the Contractor has agreed to provide
the Services to BIAL on a non-exclusive basis subject to the terms and conditions
set forth in this Contract.

NOW THEREFORE, in consideration of the mutual promises and covenants contained herein,
the Parties agree as follows:

12

1.

DEFINITIONS
The following words and expressions appearing in this Contract shall have the
meanings as defined here in this Clause, unless the context requires otherwise:

2.

1.1

Airport means the Kempegowda International Airport, Bengaluru at

Bangalore, constructed, maintained, developed, designed, operated, upgraded,
modernized, financed and managed by BIAL and includes all its land, buildings,
equipment, facilities and systems and further airport developments;

1.2

"Applicable Law" means all laws, brought into force and effect by the
Government of India or the Government of Karnataka including rules,
regulations and notifications made thereunder and judgments, decrees,
injunctions, writs and orders of any court of record, as may be in force and
effect during the subsistence of this Contract;

1.3

Commencement Date means, the date upon which, the Contractor shall
commence provision of the Services, being started on __________;

1.4

Contract refers to this Temporary Hajj Terminal Agreement, and all schedules
and attachments annexed to this Contract or otherwise incorporated by
reference; and all written modifications occurring after the date of this
Contract;

1.5

Contract Price shall mean the charges payable by BIAL to the Contractor, in
consideration to the Works performed by the Contractor;

1.6

Gol means the Government of India and any of its duly authorised agency,
authority, department, ministry or person (whether autonomous or not);

1.7

Relevant Authority/ies means any GoI or GoK departments or other

regulatory authority having jurisdiction in relation to the operation,
maintenance and management of the Service under the Applicable Law;

1.8

Term has the meaning assigned to it in Clause 4 of the Contract.

1.9

Work/s means the work discharged and performed by the Contractor for
erecting and installing the facility for Hajj pilgrimage 2014 and Providing
Prefabricated steel Super structure along with Platform, General lighting, Fans,
Carpet & Signboards, including realignment for Departure and Arrival, at the
Airport in accordance with the terms of this Contract and as detailed out in
Schedules A to this Contract.

INTERPRETATION
In this Contract, except to the extent that the context requires otherwise:
2.1

reference to a judgment includes any order, injunction, determination,

decree or other judicial or arbitral tribunal measure in the Indian jurisdiction,
which is final and binding;

2.2

reference to a law includes common law, the Constitution of India and any
decree, judgment, legislation, direction, order, ordinance, regulation, by-law,
statute, notification, circular, guideline, rule, statutory instrument or other
legislative measure, with which BIAL is required to comply by law (and lawful
and unlawful shall be construed accordingly);

13

3.

2.3

references in the singular shall include references in the plural and vice versa;

2.4

a reference to a day means a calendar day; any reference to a month shall

mean a reference to a calendar month; and any reference to year shall mean
a reference to a calendar year (i.e., twelve (12) months) unless otherwise
defined in this Contract;

2.5

references to a particular Clause, paragraph, sub-paragraph, Schedule or

Attachment shall, except where the context otherwise requires, be a reference
to that Clause, paragraph, sub-paragraph or Schedule to this Contract;

2.6

the headings are inserted for convenience and are to be ignored for the
purposes of construction;

2.7

terms defined in the Schedules hereto shall have the meanings ascribed thereto
in the Schedules when used elsewhere in this Contract;

2.8

the Schedules to this Contract form part of this Contract and will be in full
force and effect, as though they were expressly set out in the body of this
Contract;

2.9

any reference to any agreement (including this Contract), deed, instrument,

license, code or other document of any description shall be construed, at the
particular time, as a reference to that agreement, deed, instrument, license
code or other document as the same may then have been amended, varied,
supplemented, modified, suspended or novated;

2.10

the words written and in writing includes a facsimile transmission and any
means of reproducing words in a tangible and permanently visible form with
confirmation of the transmission;

2.11

the words include and including are to be construed without limitation;

2.12

in case of any ambiguity or discrepancy between the Clauses and the Schedules,
the Clauses shall prevail; and

2.13

if any payments due hereunder become payable on a day when principal

commercial banks in Bangalore are closed for business or a day which is
declared a holiday under the Negotiable Instruments Act, 1881, such payments
shall be deemed due and payable on the next business day thereafter.

SCOPE OF WORK
The Contractor shall perform and discharge the Works at the Airport as per the scope
detailed in and at the locations mentioned in Schedule A and shall maintain the same
till _____________ or such time as intimated by BIAL. The Contractor shall complete
the Works as per the plan and drawings mentioned in Schedule D and any deviation
and variations from the approved plans mentioned in Schedule D shall be with the prior
written consent from BIAL. The Contractor shall render the Works in an efficient and
professional manner and within the timeline prescribed by BIAL.

14

4.

TERM
This Contract shall come into force with retrospective effect from Commencement
Date (Commencement Date) and shall be valid for a period of six (6) months
(hereinafter referred to as the Term), subject to the provisions for earlier
termination hereinafter contained. The Term of this Contract may be extended for the
next year hajj seasson depending upon the level of service satisfaction by BIAL and at
the sole discretion of BIAL. However, the Parties herein have agreed for the contract
price for three (03) years and in case of extension of this Contract BIAL agrees to pay
the only the Contract Price as mentioned in Schedule B.

5.

CONTRACT PRICE

5.1

The Contract Price shall be paid as per the pricing and payment schedule as set out in
Schedule B of the Contract and BIAL will make the payment only for the actual items
used for the installation of the temporary hajj terminal structure.

5.2

The Contractor shall raise and shall submit the valid invoices for the Works performed
and BIAL will make payment to the Contractor within 30 days of the receipt of the
same, subject to verification of the invoices by BIAL.

5.3

The Contract Price specified in Schedule B is inclusive of service tax, Luxury Tax, all
misc. expenses, out of pocket expenses, transportation, packing and moving, wage or
any other direct and indirect expenses including sales tax and all other applicable
taxes from time to time.

5.4

The Contract Price payable to the Contractor shall be made by way of RTGS, favouring
the Contractor, subject to deduction of all applicable taxes from time to time.

5.5

The Contract Price shall be fixed throughout the Term.

5.6

Performance Bank Guarantee:

5.6.1 The Contractor shall, for due performance of its obligations under this
Contract, within seven (7) days from the execution of this Contract, submit a
performance bank guarantee equivalent to 10% of total Contract Price payable
to the Contractor, from a Bank pre-approved by BIAL, in the format prescribed
by BIAL and which is attached herewith as Schedule C (hereinafter called
Performance Bank Guarantee). The Contractor shall maintain the said
Performance Bank Guarantee at its own expense and shall remain in full force
and effect until sixty (60) days after the expiry of the Term.
5.6.2 The Performance Bank Guarantee, shall be returned by BIAL to the Contractor
within sixty (60) days of the expiry or earlier termination of this Contract, in
case the same is not realized as agreed herein, provided always that in the
opinion of BIAL there are no outstanding dues payable by the Contractor to BIAL
including, any amounts that may be outstanding.
5.6.3 If the Contractor fails to provide Performance Bank Guarantee within seven (7)
days from the execution of this Contract, then BIAL will deduct amount
equivalent to the Performance Bank Guarantee from the first bills payable to
the Contractor and such deducted amount will be treated as interest free
refundable converted security deposit for the due performance of the
obligation under this Contract (hereinafter called Security Deposit). Such
Security Deposit shall be refunded to the Contractor within sixty (60) days after
the expiry or early termination of this Contract, subject to full and final

15

settlement of any liabilities, claims or penalties that may be pending against

the Contractor.
5.7

Withholding and Deductions of Payments

5.7.1 Withholding Payments:
If BIAL disputes the amount contained in an invoice, BIAL may withhold
payment to the extent that, it reasonably believes that, the Contractor is in
breach of its obligations in accordance with this Contract, and gives the
Contractor three (3) days notice to remedy the deficiency of service. BIAL will
pay all undisputed amounts in accordance with this Contract. Once the
Contractor has cured the deficiency, BIAL will pay the Contractor the amounts
withheld. For the avoidance of doubt, it is clarified that, such withheld amount
shall not incur any interest.
5.7.2 Deductions:
BIAL may deduct from the Contractors Contract Price, amounts on account of
claims of penalty, costs or claims, losses, damages, defective services carried
out by the Contractor etc., directly incurred by BIAL (the Direct Damages)
that arise from the negligence of the Contractor.
If the breach is such that, the same can be remedied, the provisions of Clause
5.7.1 will apply. In case the Contractor fails to remedy the breach, as provided
in Clause 5.7.2 above, BIAL has the discretion, without further notice, to
deduct such amounts from the Contractors fee, and this right is in addition to
any other right available to BIAL under this Contract.

6.

COVENANTS OF CONTRACTOR

6.1

Time is the essence: The Contractor confirms and agrees with BIAL that, time is the
essence of this Contract and agrees to complete the Works on or before __________.
If the Contractor fails to complete, discharge, maintain the Works within the above
stipulated time, then BIAL shall have the right to invoke or forfeit the Performance
Bank Guarantee or the Security Deposit as liquidated damages without giving any
notice to the Contractor.

6.2

The Contractor shall maintain the same till ___________ or till the last return flight
of hajj pilgrims arrives at the Airport. It is further agreed between the Parties that, in
the event hajj pilgrim schedule is delayed beyond ___________, the Contractor shall
maintain the temporary hajj terminal, without any additional cost to BIAL, until the
last hajj pilgrim flight lands at the Airport.

6.3

It is further agreed between the Parties that, upon completion of the Works, the
authorised representative/s of BIAL and the Contractor shall conduct a joint inspection
of the Works and shall take the exact measurement and counts of the items and
materials used for the temporary hajj terminal and if there is any reduction or
increase of scope of Work and as a result, any reduction or increase in the Contract
Price, the same will be considered as final and the decision of BIAL, in this regard,
shall be final and binding on the Contractor.

6.4

During the Term, the Contractor shall take full responsibility in case of loss or damage
of properties and shall take steps to minimize loss or damage, to the properties of
BIAL, to the greatest extent possible and in case of any damage, the Contractor shall
at its own cost repair and make good the same to the satisfaction of BIAL. In case the

16

Contractor does not make good the loss, then clause no 5.7.1 and 5.7.2 shall apply. It
is further agreed by the Contractor that, at any point of time BIAL shall not be liable
or held liable for any loss or damage of the properties of the Contractor, used for
discharge of Services or otherwise.
6.5

The Contractor confirms and agrees with BIAL that at any time during the normal
office hours, the Contractor shall promptly allow BIAL and its authorized agents,
including any of BIALs Auditors, full and free access to the originals of and/or as
requested, copies of all such Information as BIAL may reasonably require, enabling or
assisting BIAL to:
6.5.1 verify or enforce compliance by the Contractor with its obligations
this Contract;
6.5 .2 comply with its obligations under applicable laws.

6.6

6.7

under

The Contractor shall ensure that all the installations done in the locations mentioned
in Schedule A and as detailed in schedule A, shall be maintained and kept clean as per
international standards without any stoppage/breakage and in the event the
Contractor fails to discharge and perform the Works in accordance with this Contract,
BIAL shall have the right (however, not an obligation) to avail the Works through any
third party, without prejudice to the rights or remedies available to BIAL under this
Contract or under law and shall deduct such amount paid to the third party Contractor,
from the amounts payable to the Contractor.
Service quality and penalty
The Contractor shall install and maintain the temporary hajj terminal and shall
provide, discharge and perform the Works as mentioned in Schedule A and as per the
international standards and as prescribed by BIAL and in case the Contractor fails to
deliver the same, BIAL shall have the right to impose work penalty for such deficiency,
at the rate of one (1%) percentage of the Contract Price payable. It is further agreed
that the Contractor shall make arrangements for attending all defective services,
breakage etc., within two hours of intimation.

7.

DUTIES OF CONTRACTOR

7.1

The Contractor shall adhere to the safety and other relevant regulations from time to
time, while discharging and performing the Works in connection with this Contract, as
directed by BIAL or any other governmental agency/body and the Contractor further
ensure that it shall always follows the safety regulations needed for working in Airport
as directed by BIAL or as per the regulations of the government/its agencies or body
and shall not cause disturbance to any other Contractor / sub-Contractor /agents
appointed by BIAL or to any other concessioners at the Airport.

7.2

The Contractor shall take all precautions to avoid accidents during the performance of
the Work at the Airport. The Contractor shall ensure that at no time inconvenience
shall be caused to passengers or to any other concessioners at the Airport.

7.3

The Contractor shall obtain necessary entry pass/token/identity card for its employees
from BIAL/BCAS/CISF or whichever agency in charge of security affairs of the Airport.
It is the sole responsibility of the Contractor to fulfill all the relevant formalities in
connection with obtaining of identity card for its employees including payment of
necessary fees and carrying out police verification etc. In addition to this the
Contractor shall ensure that the employees adhere to the security rules/regulations in
force at BIAL.

7.4

The Contractor shall ensure that the materials/consumables used for the execution of
Services shall be the best as per the industry practice.

17

7.5

The Contractor shall ensure that:

7.5.1 The temporary haj terminal structure and all the installations shall be
maintained as per the direction of BIAL from time to time;
7.5.2 It shall, without any additional cost to BIAL, Assemble, dismantle, modify and
restructure the temporary hajj terminal as per the direction of BIAL anytime
during the currency of this Contract;
7.5.3 all complaints shall be attended and rectified within two hours of intimation;
and
7.5.4 Adhere to all the directions and request of BIAL and all applicable laws from
time to time.

7.6

Engagement of Labour:
7.6.1

The Contractor shall depute required number of staff, worker and labour,
local or otherwise for the due performance of this Contract and shall also
depute required number of supervisor/s who has rich experience and shall
give the necessary authority to act on behalf of the Contractor and he shall
act as contact point between the Contractor and BIAL.;

7.6.2

The Contractor shall at all times, take reasonable precautions to maintain the
health and safety of the Personnel and assures that it will not employ or
depute any person who may be suffering from any contagious or infectious
disease or is not suitably attired or prohibited to be employed under the
provisions of Applicable Law.

7.6.3

The Contractor shall at all times, take all reasonable precautions to prevent
any unlawful, riotous or disorderly conduct by or amongst the Contractor 's
Personnel, and to preserve peace and protection of the persons and the
property at Airport. The Contractor shall immediately replace any of the
Contractors Personnel, who engage in unlawful, riotous or disorderly
conduct.

7.6.4

The Contractor shall ensure that all the persons employed and/or engaged by
them shall not do any act which may cause disturbance or annoyance to BIAL
or any other users of the Airport and shall not do any act which may be
derogatory to or inconsistent with BIALs high standard and reputation, or
which will cause a nuisance to BIAL or to the visitors / users of Airport. The
persons employed and/or engaged by the Contractor shall conform to such
directions as may be issued by BIAL. It is further agreed by the Contractor
that, it shall not cause any disturbance, block the access or create any
nuisance at the Airport during the Term and while discharging the Services at
the Airport.

7.6.5 The Contractor shall adhere to the safety and other relevant regulations from
time to time, while discharging the Services in connection with the Contract
as directed by BIAL or any other governmental agency/body and the
Contractor further ensure that it shall always follows the safety regulations
needed for working in Airport as directed by BIAL or as per the regulations of
the government/its agencies or body and shall not cause disturbance to any
other Contractor /sub-Contractor /agents appointed by BIAL.
7.7

Sub-contracting of works:
The Contractor, either in part or full, shall not subcontract or assign the works to any
third parties without the prior witten consent from BIAL.

18

7.8

Compliance requirements of Contractor :

7.8.1 The Contractor shall always comply with the applicable laws relating to
aviation: The Contractor shall, at all times, be in compliance with the relevant
and applicable laws concerning the safety and security of the Airport as
stipulated from time to time by the relevant government authority, agency or
by BIAL.
7.8.2 Compliance with the applicable laws relating to labour legislations: The
Contractor and/or its agents and employees shall observe, perform and comply
with all rules and regulations of applicable labour legislations and the provisions
of any statutory law applicable from time to time, including any rules and
regulations made by any other government departments and / or local or
municipal body or administration in force from time to time and also comply
with, including but not limited to, their employment, health, safety, welfare
and shall allow them all their legal rights.
7.8.3 Applicable law relating to environment:
The Contractor shall, at all time during the currency and performance of this
Contract, follow and comply with, all the applicable law relating to
environment from time to time.

8.

RIGHTS AND DUTIES OF BIAL

8.1

Right to reduce the Scope of Work: At any time during the Term of this Contract, BIAL
can issue a notice/letter mentioning the reduction of Scope of Work of the Contractor
mentioned in the Contract. The Contractor agrees with BIAL that it will not have any
right and shall not claim any damages for loss of profit, compensation etc., due to such
reduction of Scope of Work.

8.3

Suspension of Work: Any time during the Term of this Contract, BIAL has the right to
suspend the Work of the Contractor by issuing notice/letter:
8.3.1 on account of any default on part of the Contractor in performance of this
Contract;
8.3.2 for faulty delivery and execution of the Work by the Contractor; and
8.3.3 for any other reason, directions from GoK or GoI or its agencies / bodies and for
the best interest of the Airport.

9.

CONFIDENTIALITY
The Contractor acknowledges that any and all information, including any commercial
and technical information and data provided by BIAL to the Contractor shall be
considered to be confidential and the Contractor shall not, on receiving such
information and data, at any time, directly or indirectly disclose such information and
data to any person firm or use the same in any manner other than in connection with
this Contract, without the prior written consent of BIAL.

10.

INDEMNITY

10.1

The Contractor hereby indemnifies BIAL against liability in connection with:

19

10.1.1 the Contractor fails to perform and render the Works on time, as mentioned in
scope of services and Contract;
10.1.2 the Contractor committing any breach or contravention of the applicable laws;
10.1.3 any act of commission or omission, or default on the part of the Contractor
and/or its employees/personnel;
10.1.4 death or illness of or injury to any person and the loss of and/or damage to any
property of BIAL caused by the Contractor as a result of or arising out of or in
connection with any act or default of the Contractor and/or its employees,
during performing the services or otherwise;
10.1.5 the Contractor also agrees to indemnify and hold harmless to BIAL from time to
time and at all times hereafter, from and against, all notices, claims, demands,
action, suits or proceedings given, made or initiated against BIAL on account of
the Contractors sub-Contractors claim, as also against all costs, charges and
expenses suffered or incurred by BIAL on account of the aforesaid.
10.2 Liability
BIAL shall not be liable for any incidental, consequential or special damages, including
but not limited to loss of profit or revenue suffered by the Contractor.
11.

TERMINATION CONSEQUENT TO CONTRACTOR S DEFAULT

11.1

The Contractors Default Events

BIAL may terminate this Contract in any of the following circumstances if:
11.1.1 The Contractor fails to render and perform the Works as detailed in the
Schedule A;
11.1.2 The Contractor is in material breach of any of the terms and conditions of this
Contract and/or fails to strictly comply with applicable laws;
11.1.3 If any material representation or warranty given by the Contractor under this
Contract is incorrect;
11.1.4 An order is made or resolution is passed for the liquidation, bankruptcy or
dissolution of Contractor which is not, if capable of being so, discharged
or, as the case may be, revoked within thirty (30) days thereafter;
11.1.5 If the Contractor breaches and/or fails to comply with the security measures
and guidelines prescribed by the relevant authorities and/or BIAL from time to
time.
11.2

Notice
BIAL shall not enforce its rights to terminate this Contract unless and

until

11.2.1 BIAL serves on the Contractor a written notice of seven (7) days, specifying the
breach complained of and requiring the Contractor to remedy it (if capable of
remedy); and
11.2.2 the Contractor fails to remedy the breach (if capable of remedy) within seven
(7) days after notice from BIAL so to do.

20

11.2.3 the requirement of providing a notice under this Clause shall be limited to such
circumstances which are capable of being remedied. If there is a breach which,
in the opinion of BIAL, is not capable of being remedied, BIAL shall not be
required to comply with this Clause and shall have the right to terminate this
Contract forthwith.
11.3

In the event of BIAL exercising its right of termination pursuant to Clause 11.1 (in
accordance with Clause 11.2), the Contractor shall withdraw and remove its personnel
from the Airport.

11.4

Notwithstanding anything contained in this Contract, BIAL reserves the right to

terminate this Contract at will, for its convenience, without assigning any reason
thereof by issuing Seven (7) days notice to the Contractor.

11.5

In the event of termination or expiry of this Contract, the Contractor shall immediately
withdraws its personnel, dismantle the temporary hajj terminal and all the items
belonging to the Contractor.

12.

REPRESENTATIONS & WARRANTIES

The Contractor represents and warrants to BIAL that as of the date of execution of this
Contract:
12.1

has the requisite skill, knowledge, experience, expertise, infrastructure and

capability to carry out the Works and also has trained and experienced persons
having requisite skills, knowledge, experience, and expertise to perform and
discharge the Woks in terms of this Contract and the Contractor has agreed to
perform and discharge the Works;

12.2

has the power and authority and has taken all actions necessary to validly
execute and deliver this Contract;

12.3

obligations under this Contract will be legally valid and binding and enforceable
against it;
is subject to the laws of India;

12.4
12.5

execution, delivery and performance of this Contract will not conflict with,
result in the breach of, or constitute a default under, or accelerate
performance required under the terms of any covenant, agreement,
understanding, decree or order to which it is a party or by which it or any of its
properties or assets is bound or affected and does not result in a violation of
Applicable Law;

12.6

has no knowledge of any violation or default with respect to any order, writ,
injunction or decree of any court or any legally binding order of any relevant
authority empowered by Applicable Law which may result in any material
adverse effect on its ability to perform its obligations under this Contract;

12.7

has complied with Applicable Law in all material respects and has not been
subject to any fines, penalties, injunctive relief or any other civil or criminal
liabilities which, in the aggregate, has or may have a material adverse effect on
its ability to perform its obligations under this Contract;

12.8

are no actions, suits, proceedings, or investigations pending or, to its

knowledge, threatened against it at law or in equity before any court or before
any other judicial, quasi-judicial or other authority, the outcome of which may

21

result in a breach of this Contract or which individually or in the aggregate may

result in any material impairment of its ability to perform its obligations under
this Contract;
12.9

sums, in cash or kind, have been paid to, or accepted by, any person or will be
paid to, or accepted by, any person or on its behalf by way of fees, commission
or otherwise to induce BIAL to enter into this Contract;

12.10 is able to pay its debts as they fall due or otherwise is solvent as per Applicable
Law, it has not compounded with or negotiated any composition with or called
any meeting of its creditors, a receiver, trustee or manager has not been
appointed over the whole or any part of its assets or rights, it has not
committed any act of bankruptcy or insolvency or passed any resolution for or
otherwise entered into any liquidation, winding up or administrative order or
taken or suffered any action analogous to any of the foregoing under the laws
of India or any other applicable jurisdiction;
12.11 the Contractor is not in breach of any agreement with any person who has
provided loans, deposits, advances, guarantees or other financial facilities to
the Contractor ; and
12.12 all taxes due and payable by the Contractor have been paid, and all tax returns
and reports required to be filed by the Contractor have been timely and
correctly filed. There are no claims now pending or matters under dispute with
any taxing authority in respect of any tax of the Contractor.

13.

FORCE MAJEURE
Neither Party will be liable for damages arising from non-performance of the
obligations under this Contract due to fire, explosion, power surges or failures, acts of
God, war, civil disturbances, acts of civil or military authorities or public enemy, acts
or omissions of communications carriers or governmental regulatory authorities or
agencies (each, an instance of Force Majeure). If a Party is affected by any Force
Majeure event, the Party so affected will promptly notify the other Party in writing of
the occurrence of the Force Majeure event (and the likely duration of the impact or
delay caused by the Force Majeure event) and the performance of its obligations will
be suspended during the period that the Force Majeure circumstances persist and the
affected Party will be granted an extension of time for performance equal to the
period of delay attributable to the Force Majeure event. If a Partys performance of
its obligations hereunder is suspended due to an occurrence of a Force Majeure event
for a period beyond fifteen (15) days, the other Party may terminate this Contract
without incurring charges.

14.

WAIVER
Failure or delay on the part of the Contractor or BIAL to exercise right or power
hereunder shall not operate as a waiver thereof.

15.

MODIFICATIONS
No amendment or modification to this Contract shall be valid and effective, unless
agreed to by both the Parties hereto and evidenced in writing. Any modification or
amendment to this Contract must be in writing and be signed by the duly authorized
representative(s) of each of the Parties.

22

16.

SEVERABILITY
If any portion of this Contract hereto is held to be invalid, such provision shall be
considered severable, and the remainder of this Contract hereof shall not be affected.

17.

GOVERNING LAW
This Contract shall be governed by and construed in accordance with the laws of India
and the courts at Bangalore shall have the exclusive jurisdiction in this regard.

18.

NOTICE ADDRESS
Any notice to be made under this Contract must be in writing and may be given by
facsimile, post or hand to either party addressed as follows, or to any other address for
the time being notified by one party to the other in accordance with this Clause.
To Contractor:
Attention:
Fax:

NIL

To BIAL:
Attention:

A Notice:
a.

19.

Bangalore International Airport Limited

Administration Block
Kempegowda International Airport, Bengaluru
Bangalore 560 300, India

given by facsimile, will be deemed to be a notice in writing given on the same

business day, following the facsimile transmission unless the facsimile was sent
after 5pm on working day, in which case it will be deemed to be a notice in
writing given on the next working day;

b.

sent by prepaid, registered or certified post will be deemed to have been given
(where posted to an address in the same country) two working days following
the day on which it was posted or (where posted to an address in another
country) on the eighth working day following the day on which it was posted; or

c.

delivered by hand during normal working hours on a working day will be

deemed to have been given on that day or in any other case of hand delivery
shall be deemed to have been given on the next working day following the day
of delivery.

RESOLUTION OF DISPUTES
In the case of dispute or difference arising between BIAL and the Contractor relating
to any matter connected with this Contract, the same shall be settled through
amicable negotiations between the Parties. During the pendency of any Dispute, the
Contractor shall, at the option of BIAL, continue to provide and discharge the Works in
accordance with this Contract regardless of the nature of any Dispute, unless this
Contract has expired or has determined as per the terms agreed in this Contract.

23

20.

ENTIRE AGREEMENT
This Contract including the annexure constitute the final expression of the agreement
between the Parties and supersedes all previous agreements and understandings,
whether written or oral, relating to the Contract. This Contract may not be altered,
amended, or modified except in writing, signed by the duly authorized representatives
of both parties.

IN WITNESS WHEREOF, the Parties hereto have set their hands to this Contract on the day,
month and year first hereinabove written:
BANGALORE INTERNATIONAL AIRPORT LIMITED
By

By

Name:

Name:

Designation:

Designation:

In the presence of:

In the presence of:

Witness:

Witness:

Name:

Name:

Address:

Address:

24

SCHEDULE A
Scope service and Location
(TO BE INSERTED LATER)

25

SCHEDULE B
Contract Price and schedule of payment

Contract Price
Sl.No.

Description

01

Contract Price

Unit

Total charge (Rs.)

Schedule of Payment
Payment shall be made as follows:
(TO BE INSERTED LATER)

26

SCHEDULE C
FORM OF PERFORMANCE BANK GUARANTEE
Performance Guarantee No:
To
Bangalore International Airport Limited,
Administration Block,
Kempegowda International Airport Bengaluru,
Devanahalli,
BANGALORE 560 300
Dear Sirs,
Performance Guarantee No:
Amount of Guarantee: [Guarantee Amount]
Last Date of lodgement of claims: [Claim Expiry Date]
Whereas, ------ (the Contractor ), has received from Bangalore International Airport Limited
(BIAL), an order for the performance of certain works for a total value of Rs. [Please
insert] upon the terms set-out in the Housekeeping and Conservancy Contract, between BIAL
and the Contractor (the Contract).
In consideration for BIAL entering into the Contract, and at the request of the Contractor ,
we, [Insert Banks name], hereby establish this performance guarantee and unconditionally
undertake to pay to BIAL in India on demand (given in the manner described below) the
amount claimed by BIAL up to a maximum aggregate amount of [10% (ten percent) of the
Contract Price] and whereas, as per the terms of the Contract, the Contractor is required
to furnish in favour of BIAL an irrevocable and unconditional guarantee from a scheduled
commercial bank in India for proper performance of its obligations under the Contract, which
amounts to [10% (ten percent) of the Contract Price] [Guarantee Amount] (hereinafter
referred to as Guarantee (d) Amount).
We, [Insert Banks name], [Insert Bank Address] (hereinafter referred to as Bank /
Guarantor", which term shall mean and include, unless to repugnant to the context or
meaning thereof, its successors and permitted assigns) do hereby unconditionally undertake
to pay BIAL, without any reservation or protest, immediately upon first written demand, on
or before [Claim Expiry Date], an amount or amounts (by way of one or more claims) not
exceeding [Guarantee Amount] against any loss or damage caused to or suffered or would be
caused or suffered by BIAL by reason of non-fulfilment of any of the Contractor s obligations
to BIAL.
We also guarantee to pay the amount of bills or / and the claims as determined by you
against the Contractor, in the event of such bills or / and the claims remains unpaid for any
reason whatsoever, subject, however, that our liability under this guarantee shall be
restricted to an amount not exceeding [Guarantee Amount] and written demand / claim, if
any, should be made at our counters on or before [Claim Expiry Date].
We hereby guarantee, indemnify and undertake to pay the Guaranteed Amount or amounts
due and determined by BIAL on the first demand without demur and notwithstanding any
dispute by (the Contractors name and address).
BIAL shall have the fullest liberty without affecting in any way the liability of the Bank under
this Guarantee, during its currency, from time to time, to vary any of the terms and
conditions of the Contract, or to extend time of performance by the said Contractor , or to
postpone for any time, and from time to time, any of the powers exercisable by it against
the said Contractor , and either to enforce or forbear from enforcing any of the terms and
conditions governing the said permission for rendering service, or securities available to
BIAL, and the said Bank shall not be released from its liability under these presents by any

27

exercise by BIAL of any liberty with reference to the matters aforesaid by reason of time
being given to the said Contractor any other forbearance, act or omission on the part of
BIAL, or any indulgence by BIAL to the said Contractor , or any other matter or thing
whatsoever, which under the law relating to sureties would, but for this provision, have the
effect of so releasing the Bank from such liability.
It shall not be necessary for BIAL to proceed against the Contractor before proceeding
against the Bank, and the Guarantee herein contained, shall be enforceable against the
Bank, notwithstanding any security, which BIAL may have obtained from the Contractor at
the time when proceedings are taken against the Bank hereunder and are outstanding or
unrealized.
We, the Bank, lastly undertake not to revoke this Guarantee during its currency, except with
the previous written consent of BIAL, and agree that, any change in the constitution of the
said Contractor or the said Bank shall not discharge our liability hereunder. If any further
extension of this Guarantee is required, the same may be extended to such required periods,
at our sole discretion, on receiving instructions from (the Contractors Name and address) on
whose behalf this Guarantee is issued.
All disputes in the matter will be settled in the Court of competent jurisdiction of Bangalore,
India.
Notwithstanding anything contained herein:
a)
b)
c)

Our liability under this Guarantee is limited to a maximum of [Guarantee Amount];

and
The Guarantee is valid and will be in force up to [Expiry Date]and we are liable to
pay any part of Guarantee Amount, if and only if, the claim is lodged latest by [Claim
Expiry Date]; and
We will be discharged from all our liabilities under this Guarantee unless any written
claim under Guarantee is lodged by [Claim Expiry Date]

Our liability pursuant to this Guarantee is conditional upon the receipt of a valid and duly
executed written claim, in original, by [Insert Banks name & Address], delivered by hand,
courier or registered post, prior to close of banking business hours on [Claim Expiry Date],
failing which all rights under this guarantee shall be forfeited and [Insert Banks name],
Bangalore shall stand absolutely and unequivocally discharged of all of its obligations
hereunder. This Guarantee shall be governed by and construed in accordance with the laws
of India and competent courts in the city of Bangalore shall have exclusive jurisdiction.
All claims under this guarantee will be made payable at [Insert Banks name & Address].
For and on behalf of (the Bank)
Signature
Name & Designation
_________________________________
Authorisation No.___________________
Name & Place ______________________
Bank Seal _________________________
The above guarantee is accepted by the
Dated at ______________ on ____________

28

APPENDIX II
Scope of Work

1.

SCOPE OF WORK
Providing the facilities for Hajj 2015 (Subhead: Providing Prefabricated Covered
steel Super structure along with Platform, General lighting, Fans, Carpet &
Signboards, including realignment for Departure and Arrival) at the Airport for the
entire period of Hajj pilgrimage for the year 2015 Including but not limited to
a) Execution of all required Works as per the items listed in Schedule of Quantities
with the desired quality and the envisaged timeframe.
b) Reinstallation of necessary modifications for the Arrival and departure facilities.
c) Co-ordination with the respective agencies, etc. involved in Works.
d) Facilitate inspection, testing and approval commissioning by client.

2.

DELIVERABLES

a)

Execute proposed work of Providing the facilities for Hajj 2015 (Subhead: Providing
Prefabricated Covered steel Super structure along with Platform, General lighting,
Fans, Carpet & Signboards, including realignment for Departure and Arrival) at the
Airport for the entire period of Hajj pilgrimage for the year 2015

b)

Completion Report.

c)

Plan/Drawing

3.

SCHEDULE OF PAYMENTS
a. 40% of payment will be made after successful completion of passenger
departure operation;
b. 50% of payment will be made after completion of passenger arrival operation;
c. Balance 10% of payment will be made after dismantling the structure and
clearing off the area; and
d. All the payments will be settled within thirty (30) days from the receipt of
valid invoices.

4.

LOCATION DESCRIPTION
The Proposed work Providing the facilities for Hajj 2015 (Subhead: Providing
Prefabricated Covered steel Super structure along with Platform, General lighting,
Fans, Carpet & Signboards, including realignment for Departure and Arrival) at the
Airport for the entire period of Hajj pilgrimage for the year 2015 is between
Secondary access road and Security compound wall located beside DHL International
courier Building.

5.

LAYOUT DESCRIPTION
The layout includes temporary Hajj terminal, visitors area and the connectivity to the
area is from the Secondary Access Road.

29

6.

TECHNICAL DETAILS
The technical details of each items are described in the Schedule of quantities, the
work involved providing prefabricated super structure along with Platforms, General
lighting, Fans, Carpet, seating & Signboards as instructed by the site in-charge.

7.

QUALITY AND SUSTAINABILITY

The entire structure and facilities should be stable enough to withstand the heat,
wind, rain etc., without causing any damage to BIAL property or the HAJJ passengers
or any other personal involved during the operation in the temporary hajj terminal.
The successful bidder shall be liable to pay to the damage caused or has to rectify /
remedy / make good in the event of any such incidents / causalities at its own cost
without disturbing or affecting the routine operations of temporary Hajj terminal.
The successful bidder at all times, shall provide and make available the required
skilled men such as Electricians, plumbers, carpenters, helper etc., and material or
any other spares/replacement for smooth running of the terminal operation for the
entire contract tenure.
Entry permits/pass as required for the crew/manpower during the operation should be
obtained in advance at his own cost.

30

8.

DRAWINGS

Sl No
1
2
9.

Drawing Title
Proposed Hajj layout Departure
Proposed Hajj layout Arrival

Drawing No
HAJ/12/DRG/01-R0
HAJ/12/DRG/02-R0

Revision
R0
R0

SCHEDULE OF QUANTITIES:
Note
1. The minimum required quantities for the seamless operation of the Hajj 2015 is
given in the following schedule of quantities.
2. The Partitions used for realignment/re-fixing for the change in Departure to Arrival
is not measured separately.

Sl. No.
A

A.1

A.1.1

A.1.4
A.2
A.2.1

A.2.1.1
A.2.1.2
A.2.2

A.2.3
A.2.4

A.2.5

Description
TERMINAL AREA:
Hire
charges
for
Providing,
installing
and
commissioning of prefabricated structure along with
Platform, General lighting, Fans and Carpet for Hajj
2015 at BIAL as per the following (The internal length
& breadth will be measured for payment):
Pre-fabricated Super Structure of height 6mts, with
false flooring / raised flooring, with fire rated approved
colour carpet for all the area and Vinyl flooring for the
toilet areas with side covering using octonorm /
suitable partition
Pre-fabricated Super Structure of height 4mts, without
false flooring with with fire rated approved colour
carpet for all the area with side covering using
octonorm / suitable partition
Ancillary facilities:
Hire
charges
for
Providing,
installing
and
commissioning of octonorm Partitions of applicable
height with door 1.2m X 2.1m Opening with locks and
curtains (The length and breadth will be measured
for payment including door area)
Partition for Medical Room, Customs Room, Storage
Rooms, BIAL Room, Prayer hall partitions, Wazu area
and other partitions, of height 2.4 mts including fascia
for all the room
Female Frisking Room of height 2.1 mts
Hire charges for providing Ramps with required slope
and made of stable & base platform with carpet
including side Metal railing of 1 metre ht.
3.0m Width
Hire charges for providing Emergency Door - Push and
open type from inside including ramp of door width
towards out.
Hire charges for providing Frisking platforms with
carpet (0.75x0.75x0.2m)
Hire charges for providing Galvanized 10 Gauge (3mm
thick wire), 4inch Square Chain link fencing of height
2.4 mts, for the control of visitors, stable &
aesthetically good looking

Unit

Qty

Sqm

2250.00

Sqm

950.00

Sqm

1500.00

Sqm

40.00

Nos

2.00

Nos

4.00

Nos

5.00

Rmt

260.00

31

A.3
A.3.1
A.3.2
A.3.3
A.3.4
A.3.5
A.3.6
A.3.7
A.3.8
A.3.9
A.3.10
A.4
A.4.1
A.4.2
A.4.3
A.4.4
A.4.5
A.4.6
A.4.7
A.4.8
A.4.9
A.4.10
A.4.11
B
B.1

B.1.1

B.1.2
B.1.3
B.2

Electrical Fixtures including necessary wiring

Hire charges for providing Pillar mounted fans
Hire charges for providing exhaust fans
Hire charges for providing Dome lights fittings
Hire charges for providing Tube lights fittings
Hire charges for providing Plug points
Hire charges for providing Electrical geyser for Wusu
hot water with electrical connection.
Hire charges for providing Standby emergency lights
Hire charges for providing Focus light / 250W halogen
fittings
Hire charges for Pedestal Fans
Hire charges for providing PA Systems with Amplifiers
2+2 (with back up) Outdoor and indoor speakers at
required locations including wireless mike and handsfree facility
Others:
Hire charges for providing Plastic chairs
Hire charges for providing Tables (size 6'x2') /
specifically required size
Hire charges for providing Drums 200 litres
Hire charges for providing plastic mugs & stools
Hire charges for providing plastic buckets
Hire charges for providing Fire Extinguishers of
suggested type with clips to hang etc.,.
Octonorm Counters for Customs & immigration of size
1m x 0.5m x 1m ht including fascia at 2.4m
Octonorm table of size 1m x 0.5m x 0.75m ht
Water Dispensers with hot and cold water dispensing
facilities and platform of 1 feet to raise the level.
Sofa set with center table (4 nos two seater and 1 no
three seater and 2 nos center table)
Hire charges for providing Q - Managers

Nos
Nos
Nos
Nos
Nos

40.00
6.00
70.00
50.00
75.00

Nos

4.00

Nos

40.00

Nos

15.00

Nos

10.00

Nos

2.00

Nos

750.00

Nos

50.00

Nos
Nos
Nos

2.00
50.00
25.00

Nos

40.00

Nos

15.00

Nos

20.00

Nos

10.00

set

1.00

Nos

50.00

Sqm

750.00

Sqm

18.00

Sqm

120.00

VISITORS AREA:
Hire
charges
for
Providing,
installing
and
commissioning of prefabricated structure along with
Platform, General lighting, Fans and Carpet for Hajj
2015 at BIAL as per the following (The internal length
& breadth will be measured for payment):
Pre-fabricated Super Structure of height 6mts, with
false flooring / raised flooring, with fire rated approved
colour carpet for all the area and Vinyl flooring for the
toilet area for both male and females with side
covering using octonorm / suitable partition
Pre-fabricated Super Structure of height 3mts, for the
entrance canopy including side coverings
Octonorm partition of height 2.4 mts including fascia
for all the room
Ancillary facilities:

32

B.2.1
B.2.2
B.3
B.3.1
B.3.2
B.3.3
B.3.4
B.3.5
B.3.6
B.4
B.4.1
C
C.1
C.1.1
C.1.2
C.2
C.2.1

C.2.2

C.2.3

C.2.4
C.2.5
C.2.5.1
C.2.5.2
C.2.5.3
C.2.5.4
C.2.5.5
C.2.5.6

Hire charges for providing Ramps with required slope

and made of stable & base platform with carpet
3 mts width and 6 mts length
Hire charges for providing Emergency Door Push and
Open type from inside :
Electrical Fixtures including necessary wiring
Hire charges for providing Pillar mounted fans
Hire charges for providing Dome lights fittings
Hire charges for providing Tube lights fittings
Hire charges for providing Plug points
Hire charges for providing exhaust fans
Hire charges for providing Standby emergency lights
Others:
Hire charges for providing Fire Extinguishers
GENERAL:
Electrical Fixtures with necessary wiring
Hire charges for providing halogen lamps to the car
park area and all-round the terminal
Hire charges for providing 6 KVA UPS for supporting
emergency lighting and working tables.
Others:
Hire charges for providing Fire Extinguishers near
electrical room / Panel
Hire Charges for providing the WC with suitable cabins
/ cubicals and necessary fittings & Fixtures thereto
including required CPVC water line and PVC sewer line
of sufficient size, till the boundary of the temporary
stuctrure.
Hire Charges for providing the Urinals with Partitions
with necessary fittings and fixtures thereto including
required CPVC water line and PVC sewer line of
sufficient size, till the boundary of the temporary
stuctrure.
Hire Charges for providing the Wash Basins with Mirror
and necessary fittings and fixtures including required
CPVC water line and PVC sewer line of sufficient size,
till the boundary of the temporary stuctrure.
Signage:
Entrance arch signage box type (at the road entrance)
Entrance arch signage single side (at the terminal
entrance)
Hire charges for the flex banner showing the BIAL logo
and other printed matter and displays as given by BIAL
with frame & necessary fitting
Fascia signage (letterings)
Sun Board Directional / identification signage
Sun Board Signages in 3 languages (size 3' x 2')

Nos

2.00

Nos

2.00

Nos
Nos
Nos
Nos
Nos
Nos

25.00
40.00
20.00
20.00
2.00
20.00

Nos

20.00

Nos

10.00

Nos

4.00

Nos

24.00

Nos

8.00

Nos

18.00

Nos

1.00

Nos

1.00

Sqm

400.00

Nos
Nos
Nos

30.00
50.00
30.00

Note: Vendor to use the energy efficient electrical fixtures without compromising the
required output, so that total loading to the existing feeder pillar should be less than
80Ams per phase.

33

ANNEXURE A
Letter of Undertaking
Date: [Please insert]
We, (Name of the Bidder), hereby declare that, we have read and understood the terms and
conditions set-out under the RFP.
The terms and conditions therein are acceptable to us.
We further declare that, there is no pending/previous litigation against us, which would
prevent us from fulfilling the terms and conditions of the Agreement, in the event BIAL
awards the tender and executes the Agreement with us.
We further declare and confirm that, we are aware of the required Licenses & Permits and
clearances to be obtained for undertaking our obligations pursuant to the Agreement, under
the Applicable Laws.
We further declare and confirm that, we have never been debarred or blacklisted by
anybody, pursuant to any business activity undertaken with them or, in relation to any
participation by us, in any tender called by them.
Capitalized terms used herein, shall have the meaning ascribed to them in the RFP.

Authorised Signatory of the Bidder

Stamp

34

ANNEXURE B
Firm/Company Background Details
(a)

Firm/Company History;

(b)

Promoters;

(c)

Existing Shareholding Pattern;

(d)

Countries / Cities of Operations;

(e)

Management Strategy;

(f)

Total Turnover for the last three years supported by annual reports.

35

ANNEXURE C
Documents to be furnished
Certified true copy of the:
a.
b.
c.
d.
e.
f.
g.
h.
i.

Certificate of Incorporation;
Memorandum & Articles of Association
Registration Certificate
Partnership Deed (if bidder is a partnership firm)
Certificate of Registration of Establishment issued by the Labour Department
Copy Experience Certificate
Copy of customer satisfaction certificates; and
Copy of completion certificate
Board resolution/Authorization letter/power attorney issued in favour of the
authorised
signatory,
authorizing
to
represent
and
sing
the
proposal/agreement.

BIAL reserves its right to demand any other additional information that might be
relevant for the evaluation of the proposal, at a later stage.

36

ANNEXURE D
Financial Proposal

Sl. No

Amount for the

year 2015

Item Description

Amount for the

year 2016

Amount for the

year 2017

Hire
charges
for
Terminal
area
including
necessary
facilities mentioned in
schedule II.7.A
Hire
charges
for
Visitors area including
necessary
facilities
mentioned in schedule
II.7.B
Hire
charges
for
General
items
as
mentioned in schedule
II.7.C
Applicable taxes (

Luxury tax if any (

TOTAL AMOUNT (in

INR)

37

Annexure E
Labour Law Compliance
1.

2.

3.
4.
5.
6.
7.
8.
9.
10.
11.

12.
13.
14.
15.
16.
17.
18.

19.
20.

Labor License
If the contractor is deploying 20 & more workers on any day for the execution of
contract at Airport, such Contractor has to apply for Labor License for the required
number of employee to the Assistant Labor Commissioner (Central), Bangalore and
submit acknowledgement copy to BIAL before start of the awarded contract work.
Compliance under Building & Construction Workers Welfare Act
If the contractor is deploying 10 & more workers on any day for the execution of any
construction related / civil contract work at Airport,
The contractor has to register under the BOCWW Act with the Central Labour Dept.
The contractor has to enroll the workers as beneficiaries with State Labour Dept., and
get them beneficiary cards. The contractor has to pay 1% of cess on the entire
construction to the BOCCWW Board.
ESIC The Contractors labor should be covered under ESIC from day one.
EPFO The Contractors labor should be covered under the EPFO scheme from day
one.
Minimum Wages
The Contractor should comply with the minimum wages as notified by the Central
Labor Department from time to time (to be revised in every April & October).
Payment of Wages
Payment of wages to labours should be made on or before 7th of every month in the
presence of BIALs representative who shall witness and certify the same.
Statutory Bonus/ Gratuity The Contractor shall pay bonus as well gratuity to eligible
employees as per the Act.
Equal Remuneration for male and female workers doing the same/similar work.
Prohibition of child labour - The Contractor should not employ any workers below the
age of 18 years.
The Contractor should issue employment card/appointment letter to all workmen.
Registers / Records
The Contractor should maintain attendance register, wages register, register of
workmen, advance register, fines register, over time register, leave register, Form-D,
etc., in the formats as prescribed by Central Labor Department.
The Contractor should display all applicable labor abstracts and notices as required
Central Labor compliance.
Over Time wages should be paid on gross wages for labours who have put in more than
9 hours in a day or 48 hours in a week at double the rate (not exceeding 50 hours in a
quarter).
Weekly Holiday 1 full day with wages for every six days worked.
Leave with wages 15 days per annum.
National and Festival Holidays 10 days per annum (submit list of holidays during the
start of the term).
Working hours should not exceed 9 hours in a shift (including spread hour/break).
Extend adequate welfare and safety measures for workers as required under the
Contract Labour Act. (BIAL has built a full-fledged Canteen facility for the benefit of
Contract Agencies to extend canteen provision to their Workers inside the premises of
Airport. Contract Agencies are requested to make use of it).
The Contractor should submit records & details to BIAL for any internal audits as and
when called for.
If the Contractor is having his corporate office / head office in other state and having
an employer PF Code other than Karnataka, then he has to apply and obtain a PF-Sub
Code from the Regional PF Commissioner-I, Bangalore for Karnataka operation.

38

21.
22.
23.
24.

25.

The contractor should employ adequate number of Supervisors at site to control and
supervise the workers deployed for execution of the contract work as per the contract
scope agreed with BIAL.
The contractor should observe and comply with all the guidelines and provisions of
state and central labour departments with respect to the employment of women.
The contractor should comply, remit all statutory deductions made from the works
together with his contribution to the respective authorities within the stipulated
timelines and furnish a copy of the same along with the Invoice to BIAL.
Apart from the compliance guidelines mentioned herein, the contractor shall observe,
and comply with all labour laws applicable to the execution of contract work so
awarded by BIAL & indemnify BIAL against any notices, charges, penalties and
liabilities.
Form-V If the contractor is deploying 20 and more workers, he has to obtain labour
licence from central labour Department. In such case, the Contractor shall submit a
written request to BIAL for issue of Form-V, to obtain labour licence, along with the
following documents:
1) Purchase Order copy along with cost sheet.
2) Contract Agreement copy
3) Request letter by the Agency for issue of Form-V, enclosing the following
documents :
a) Registration certificate of establishment under appropriate authority (Shops Act
/ Factories Act/ Companies Act.) as the case may be.
b) PF Registration certificate of the Agency.
c) Registration certificate under ESIC scheme or copy of Workmen Compensation
Policy insuring the proposed labours, by the Agency.
d) Workmen/Employees Compensation Insurance Policy copy for having covered all
the labours to be deployed for execution of contract at BIAL premises.
e) Profession Tax registration certificate of the Agency.
4) Declaration letter by Agency giving status of any cases with any Labour Department
/ Court, PF Department, ESIC Department and any Court of Law or with any
Government Authorities in India.
5) Declaration letter by Agency stating prohibition of child labour deployment.
6) Declaration letter by Agency giving details of any workers Trade Union exist in the
organization.
7) Name, Designation, email ID, Postal Address and Contact Number of MD/Proprietor
and Site in charge
8) Name, Designation, email ID, Postal Address and Contact Number of the official
who handles labour/ HR statutory compliances.
9) If the Agency to whom the contract is awarded is engaging another Agency (subcontractor) for any of the services, following documents shall be submitted :
a) Approval letter from BIAL for engaging sub-contractor.
b) Agreement / work order executed between the contractor & sub-contractor.
c) Documents mentioned in serial number 3 to 8 above, pertaining to subcontractor.
10

Details of workers to be deployed for the execution of contract work at BIAL

site (to be emailed in the attached data format) within 15 days of
commencement of work.

39