UNION TERRITORY OI,' LAKSHADWEEP …3.imimg.com/data3/IC/VF/HTT-345/345_2013-04-05-13-40-46...2013/04/05 · UNION TERRITORY OI,' LAKSHADWEEP DIRECTORATE OF PORT. SHIPPING & AVIATION

UNION TERRITORY OI,' LAKSHADWEEPDIRECTORATE OF PORT. SHIPPING & AVIATION

KAVARATTI ISLANT)Telep hone : 0489 6-2620 18 126229 5

Fax: 04896-262471

'I'ENDER DOCUMENT I.'OR

CIIARTERING OF AIRCRAFT

FOR OPERATION

BETWEEN

KOCHI_AGATTI -KOCHI

SECTOR

Price: Rs.10.000/:

Free tenders for Air Travel In India by Union Territory Of Lakshadweep-9539034535

http://tenders.indiamart.com/

UNION TERRITORY OF LAKSHADWEE.P ADMINISTRATIONDIRECTORATE OF PORT, SHIPPING &CIVII-, AVIA'IION

KAVARATTI ISLANT)* * ? k ? k *

'I'ender No. UTl/Charter of ATR aircraftl2llz-L3 Dated 19th March" 2013

l nv i ta t ion to B id

The Directorate of Por t , Shipping &Aviat ion, [Jn ion Terr i ton ' o f LahshadwecpAdminis t rat ion inv i tes t r ids l rom Scheduled Ai r l ine Operators/ char ter operators undcr'TWO I I ID SYSTEM' lbr char ter ing I (One) a i rcraf t hav ing min imum -10 passenger seat ingcal laci$/ or more in al l economl No-fr i l l conl iguration lor air travel services befween Kochi -

Agatt i - Kochi sector lor a period of two yearse during al l weather condit ions as per the detai lsand terms irnd condit ions provided in the Tender Document below.

Biclclers (Operators/Carriers) are requested to submit Technical and Financial bids, earnestmonev cleposit and Integri ty Pacts as per the tender.Before submission of bids, the biddersshoukl visi t tJTL Administrat ion's off icial website www.lakshadweep.nic. in> tenders lor l inalantenclments, clari l icat ionso updates, i f any, which would form integral part of this tender.

Pre Bid Meeting

Tender Closing date and t ime lbr submission of bids

Technical Bid Opening date and t ime

1530 hrs. ( IST; on 5i l ' Apr i l , 2013

1300 hrs ( lST) on 27t t ' Apr i lo 2013

1500 hrs ( lST) on 27t t ' Apr i l , 2013

Tender Submission Address : The Director (Port, Shipping & Aviation),Office of the Administrative officer.Lakshadweep office,Wel l ingdon Is landKochi - 682003.Tel.No.0 484 - 2668245. 26681 4lFax No.0184 -- 2668155E,mail : lk-ports(@nic. i n

Correspondence Address The Director (Port, Shipping & Aviation),Office of the Administrative officer.Lakshadweep office,Wel l ingdon Is landKochi 682003.Tel.No.0 484 - 2668245. 26681 4lFax No.0484 " 2668155Ernail : lk-ports(@nic. in



This Tender document is divided into five Sections as lbllows:

SECTION I GENERAL INF'ORMATION

SECTION I I - - SCHEDTJLE OF REQUIREMENTS, TECHNICAL DETAILS,CI,EARANCES & DIVERSIONS

SECTION I I I - TERMS & CONDITIONS

SECTION IV - SPECIAL CONDITIONS

SECTION V EVAt.LJA' l ' lON CRITERIA & PRICIl BII)



SIiCTION I - GENERAI, INFORMATION

1. Tender documents wi l l be avai lable on al l working days frorn 20' l 'March,20l3 - 3:00 P.M.IST onwards. The closing date/time for submission of the bids is up to 1300 hrs. IST on27'h April.20l3 and opening date/time of the bids (Technical) is 1500 hrs. IST on 27'r 'Apri l, 2013. The Tender document can be downloaded from the official website ofLakshadweep Adrninistration: www.lakshadweep.nic.in under head Tenders from 20'l 'March, 2013 - 3:00 P.M. IST onwards or may be collected lrom the office of theDirector(Port, Shipping & Aviation). Office of the Adrninistrative officer, Lakshadweepoff ice, Well ingdon Island Kochi - 682003, Tel.No.0484 - 2668245. 2668141. FaxNo.0484 -2668155. Emai l : lk -por ts@nic. in on payment of Rs.10000/- (Rs. Ten ThousandOnlv) by cash or Demand Draft drawn in favour of Director (Porl, Shipping & Aviat ion),Directorate of Port, Shipping & Aviat ion at Kavaratt i Island. Thclse f lrms which downloadthe lbrms lrom the rvebsite shal l attach Rs 10.000i ' in the form of Demand Draft in f-avor-rro l 'D i rector (Por1 Shipping & Aviat ion) , Di rectorate of Por t . Shipping& Aviat ion atKavaratt i ls land.

2. The address and contact numbers for sending Bids or seeking clari f icat ions resardinsthis Tender are given below: -

a) Bids/queries to be addressed to

(b) Contact person

(c) l--ax number

: The Director (Port, Shipping & Aviation),Office of the Adrninistrative officer,[-akshadweep office,Wel l ingdon Is landKochi - 682003Tel.No.O 484 - 2668245, 26681 4lFax No.O 481 - 2668155Ernai l : lk-por1s@nic. in

: ' l 'he

Director (Port, Shipping & Aviation),

: 04896 -262411



3. Submiss ion of B ids

The biddersiOperators/Carriers are requested to submit hard bound Technical Bid in dupl icateFinancial Bid along with required & relevant documents as mentioned in the Tender document

a separate sealed covers and super scribe them respectively as

o'Technical Bid - Tender No. UTl/Charter of ATR aircraftl20lz-L3"

o'Financial Bid - Tender No. UTl/Charter of ATR aircraftl}0lz-t3"

Both ' fechnical

& Financial bids then arebe super scribed as

"' I 'ender document for chartering ofaircraftl20l2-13"

to be put together in a Third sealed cover.which should

ATR aircraft - 'I 'ender No. tjTl/Charter of ATR

T'his third envelope containing Technical and F-inancial bids must indicate bidder's namearrd cornplete address and i t should be sent to fol lowing address before the scheduled dateand t ime.

.fhe Director(Port, Shipping & Aviat ion),

Office of the Administrative officer,Lakshadweep office,Wel l ingdon Is landKochi - 682003Tel .No.0 484 - 2668245. 26681 4 lFax No.0484 - 2668155Ernai I : I k-ports@nic. i n

Please ensLlre that your bid reaches at the above address on or before 1300 hrs. 27'h April.2013 and should be sent by Registered/Speed Post or hand del ivered.

-fhe Lakshadweep

Administrat ion shal l not be responsible, i f the Bid documents are misplaced/delayed intransit and are not received at the above office by the prescribed date and tirne.

Place of opening of the Bids: The Technical bids wil l be opened at 1500 Hrs. on 27't '

Apri l , 2013 in thc Off ice of the Administrat ive off icer, Lakshadweep off ice, Well ingdon

Island, Kochi - 682003. Date of opening of Comrnercial Bid wil l be int imated after

acceptance of the Technical Bids. The Commercial Bids of onlythose f irms wil l be opened.

whose Technical Bids are found compliant/suitable after Technical evaluation.

Pre-Bid conference: The Lakshadweep Administration intends to finalize this tender

within a short t ime schedule. A pre-bid conf-erence has been scheduled on 5t l ' Apri l ,20l 3 at

1530 hrs ( lST) at the Off ice of the Administrat ive off icer, Lakshadweep off ice, Well ingdon

Is land, Kochi - 682003. Al l quer ies of b idders wi l l be c lar i f ied there in. fhe b idders cat ' l

&in

4.

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6.

raise their querr ies in wri t ing also and the last date fbr wr i t ten querr ies is 5" 'Apr i l ,20l3 upto 1300 hrs. by email. far and the last date of response by UTL to the querries raised byemai l i s 9 ' r 'Apr i l .20 l3 by 1500 hrs .

Bid Guarantee: The carrier shall subrnit bid bond in original for a sLrm of Rs. 75,00,000/:(Rupees Sevenfy Five Lakhs only) in the form of an irrevocable Bank Guarantee issued byany Nationalized Bank or Scheduled Bank in India or Bank of International repute. TheBid Bond shall be kept valid init ial ly for a period of 2 rnonths beyond validity period of theoffer which is 180 days from the last date for submission of the bids as per the Bid BondPerforma at Annexure'l ' . The validity of the bid bond wil l be extended suitably at theoption o1'Lakshadweep Administration unti l the carrier submits performance guarantee toLakshadweep Administration a Bank Guarantee of 10% of the total contract value towardsperlbrmance of contract valid for 2 months beyond the date of init ial two year period ofcontract in an acceptable form, in the event of the carrier becoming the successful bidder.The Bid Bond in respect of the un-successful bidders shall be released as soon as possibleafter a decision is taken on the successful bidder.

Clarif ication regarding contents of the Bids: During evaluation and comparison of bids.the Charterer may. at its discretion. ask the Carrier for clarif ication of his bid. The requestlbr clari{ lcation wil l be given irr writ ing. However. no change in prices or substance of thebid lr i l l bc sor,rght, offbred or permitted.

8. Rejection of Bids : Canvassing by the Carrier in any form, unsolicited letter and post-tender correction may invoke summary rejection. Also conditional tenders will be rejected

9. Validity of Bids:The Bids wil l remain valid t i l l 180 days from last date of submission of thebids.

10. Right to cancel the tender proceedings: UTL reserves the r ight to cancel the tenderproceedings at any tirne withor"rt assigning any reasons what so ever.

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SECTION II _ ESSENTIAL DETAILS OF SERVICES REQUIREI)

l. Schedule of Requirements

1.1. The Directorate of Port, Shipping & Aviation. [J.T of Lakshadweep Administration invitesbids fiorn Scheduled Airl ine Operators/ charler plane operators under'TWO BID SYSTEM'lor charlering I (One) aircrafi having minimum 40 passenger seating capacity or more in alleconomy No-fiill configuration for air travel services between Kochi - Agatti - Kochi sectorfor a period of two years. No minimum numbers of f l ights/ hours of f lying are guaranteed.However, around 310 to 330 days fl ight operation in a year as per the schedule mentionedbelow as decided by the Charterer during the charter period are to be operated on a mutuallyagreed schedule, generally one flight per day as below:-

Sector XurU., of -

1-b-uv of op.rutbnTriOne All days except

Sunday ie 6 days aweek

Agatt i Aiport.

' l 'he Ai rpor t a t Agat t i was commiss ioned on l6 ' l ' Apr i l ,

and 72' ' l0 ' 36" E. The airport is 253 NM from Cochin1988 and si tuates at 10"49'27"NI nternational Airport.

load restr ict ion

Main features of the airport are.

Aerodrome reference Code

Aerodrome Code letter

RunwayRunway widthElevationAircraft harrdledAerodrome

-fower

Surf-ace (SMC)F'ICMeteorologyNavigationFire Serv ice

- 3-C- 1204 m-30m-12 f r- ATR-72 & ATR-42 with- Procedural- From Tower- Chennai- Metar - local Agatti- DME. NDB- Category 5



Cochin International Airporto Kochi.

Cochin International Airport (CIAL) is the f irst Greenfield airport setup in the public

private partnership (PPP) model in civi l aviat ion infrastructure sector in India.

Airport Infrastructure Area - 1300 Acres Approx.

Aerodrorne reference Code - 1

Aerodrome Code letter - E

Ref Point - LAT l0 09 08 N. LON 16 21 25.3 p,

Distance & Direction f iorn City - 28 Krns from Cochin.

Blevation - 30 f l .

Rel'erence Temperature - 29.6'' C-l 'he

types of aircrafts handled - Boeing 7 4J , 777 , 731 .Airbus 300, 3 10, 3 19, 320, 321,

Embraer, ATR-42, ATR-7 2.

Key characteristic of the runway are as follows.Runway l-ength - 3400 rnl{unway Width - 45 mRunway Shoulder width - 1.5 rn (both sides)Orientation - 27109Strerrgth - PCN 60Parallel Taxiway - 3400 mParking Apron - 13 Bays, 5 Aerobridge Bays

1 | Rernote Bays,

Description orBays 'ilK'Jili-ii'Ji;;liiill*nBay No.2: & 3: 8-747 - 400 type of AircraftBay No.4 & 5 : A-300/A-310Bay No.6 ,7 & 9 : A-320Bay No.8: ATR 72

Refueling - facil i t ies available

Communicat ion

; " ffiT T:11. i,lxf i:" ;' ;"J,,:" il:l' 8*:|H",' 3'lflilDistance Measuring Equipment I & I I" VHF communicat ionfacil i t ies. Digital Airport Met info Service, Hotl ines to otherA-fC centres, 15 M hieh control tower, Automatic VisualRanse Assessor



2. Technical Details2.1 . The aircraft offered should have capacity to carry 40 or above passengers in all economy

confisuration. If two or more bidders submit the same rate then the bidder offering more

2.2 .seats wil l be given preference.

The operator shal l deploy and operate aircraft preferably less than 18 years old with al l

val id Cert i f icate of Airworthiness as per DGCA regulat ions. I t is the responsibi l i ty of the

successful bidder to get all certificates necessary from all statutory authorities fcrr

airworthiness and f l ying.

The f l ights wil l have to be necessari ly non - stop except, i f required, for technical halts.

l 'he services wil l be at par with that provided by No-fr i l l air l ine on standard

domestic flights and will include registered baggage upto 20kgs and hand baggage r,rpto

5kgs per passenger respectively.Al l l iabi l i ty for mishandled/ lost/ darnaged baggage wil l

be borne by the Operator as per the policy of tl-re airline and rules, regr"rlations of

Government of India.

Issue of boarding cards, baggage check-in faci l i ty, loading & unloading of baggage,

insurance, in-flight services by air hostess/steward, customer care and all other facilities

provided by scheduled air l ines in similar category also must be provided to the charlered

aircraft passengers also unless clearly specif ied underthe terms & condit ion of this tender

document and mutually signed agreement. The carrier must have or open all such

faci l i t ies in Agatt i and Kochi on i ts or through i ts agent. In case the bidder doesn't have

the same at the t irne of bidding, i t must givc an undertaking that the necessary place wil l

be taken immediately and wil l be properly manned after winning the bid and before

signing the agreement.

Issue of ' l ' ickets

wil l be done by the Lakshadweep Adrninistrat ion and air l ines wil l only

ac1 as faci l i tator in case i t is asked to do so. Air l ine must have no objection to

rnethods/ways/points/places/duration through which Lakshadweep Administration sells

tickets to the passengers. Airlines will have no right to refuse any passenger duly given

ticket by the Adrninistrat ion unless for security reasons or in exceptional circumstances.

which must be reported to authorities without any delay.'Ihe carrier shall make arrangements for accepting the baggage, over and above the

free baggage allowance by charging excess baggage at the rate fixed by the

Administrat ion in consultat ion with the air l ine. Air l ines are being permitted to book

excess cargo and keep the revenue generated with this facility with itself to minimizethe

cost per trip and effectively to minimize the cost of charler. However. the passenger

carrying capacity must not be compromised to accolnlnodate booked cargo. The airline

must givethe detai l of rnaximum cargocarrying capacity of t l"re aircraft in case of al l seats

lLrl l and crew member on board along with their respective permissible baggage (20

Kg ' 5Kg) .

l'hc carrier shall make arrangements for carriage of patients who can travel in sitting

posture fiorn Agatti to Kochi at shorl notices in case such request is made by the

2.5 .

- t a

z . ) .

2.4 .

2 .6 .

2 .7 .

2 .8 .



Administrat ion b) ' providing al l assistance to the adrninistrat ion.

2.9. - l-he

f l ight wi l l be essential ly No-f i i l l to keep the cost of chafter as low as possible.

However. the carrier shall provide one/two bottles of 2001250 ml drinking water to the

passengers free of cost. In-flight sale of food items to the passengers by the carrier or its

agent wi l l be perrnit ted and the revenue wil l go to the air l ines. This faci l i ty is al lowed to

minimize the cost per tr ip.

2.10. The pilots will be fully trained with required currency certificate from all statutory

autl'rorities to operate on these sectors.

2.11. The number of passengers, i .e. Effect ive Carrying Capacity and not instal led or

maximum capacity, to and from Agatti will be taken as the final figr;re as given

in the technical bid and any shortfal l wi l l be treated as back log which the carr ier wi l l be

obliged to clear by r-rndertaking additional flights on that routes, if any.

2.12. l-he Air service operators forwarding the tender are to attach the ful l detai ls of the

company's prof i le. Further. in case of a consort ium, Principle Company must be

mentioned. The bid wil l be attr ibr-rted to the Principle Company only.

2.13. -f

he bids shal l be based on block t imings only and not on DODC (Doors Open and doors

c losed) basis .

2.14. The el igibi l i ty and quali fying requirements for the Commercial Bid (Price/Financial Bid)

is given in Appendix 'A'of

this tender Document as "Technical Bid".

2.15. The Bidder/ Operator shal l comply with the latest revisions as amended from t ime to

t ime to the Civi l Aviat ion Requirements and the Aeronautical Information Circulars

issued by Director General of Civi l Aviat iorr (DGCA), India. The latest revisions of

DGCA publications referred above are avai lable on Internet at DGCA's website

http:/ /dgca.nic. in. ' l 'he

Bidder/ Operator shal l make the aircraft (operating as well as

slandby) avai lable well in advance for inspection by Off icials of Directorate General o1-

Civ i l Av iat ion. Ind ia IDGCAI and U' |LA of f ic ia ls a long wi th the necessary

docurnentation at bidder's base, (where aircraft and their records are preserved) of the

concerned bidder.

2.16. The Carrier/operator shal l indernnify administrat ion against any action by anybody in

connection with chafier operation. The bidder wil l defend such action at bidder's cost

and shal l also be responsible for any compensation that rnay be awarded as a result of

this act ion.

2.17. The operator shal l issue only computer printed Boarding Passes with proper seat

numbers to the passengers as per national standards and would be required to submit

post flight manifest to the designated authority after check-in fonnalities are completed

and before take-off.

2.18. The operator shal l ensure that no passenger other than those with val id t icket issued by

[J-f l- Administrat ion is accommodated on any of the charter f l ights.

2.19. I f the b idder proposes to i r r t rodLtce new serv ices on these routes as ment ioned in Para- I

ol 'Part I l which doesn't have a pre-approved f l ight schedule then i t ' l l be duty of the

10



bidder to get the schedule for the charter f l ight on i ts own cost as early as possible fromthe cornpetent authorit ies. The bidder wil l have to commence operations from the date asdirected by the adrninistrat ion irr the agreemenl which wil l not be less than 15 days fromthe agreement clate.

2.20. The passenger shal l be enti t led to compensation for damagedl lost baggage as perIntenrational Civ' i l Aviat ion norms / Montreal Convention. I f the operator does not paycompensation, th,e reasonable amount in terms of International Civi l Aviat ion norms/Montreal Convention will be deducted out of the dues of the operator. UTLAdrninistrat ion should be rnade a co-insured party in the insurance pol icy.

2.21. The r isk of any f luc'tuation in prices of fuel etc. in international market wi l l be borne bythe operator.

3. Clearance and I) iversion

3.1. The carr ier r"rndertakes the responsibi l i ty to obtain ALL necessary clearances irrcludingsecurity clearances ol ' the operating crew in this sector from the competent authorit ies wellin tirne before actual operation of the flight.

3.2. The Charterer zlgrees that. if for any reason beyond the control of the Carrier. theaircraft is unable to land at Agatti in such an eventuality, the flight would then return toKochi and the chetfter would be deerned to have been cornpleted and charges would beleviable for the round trip. Ilowever, the carrier shall endeavor to clear the backIog/stranded passengers by undertaking additional flights on that route if asked to doso by the administrat ion.

3.3. Necessary cert i f ica,t ion for inabi l i ty to land at Agatt i wi l l be furnished by the Captainof the Aircraf i of the Carrier.

11,



2.

SECTION III _ TERMS & CONDITIONS OI.'TTIE TENDER

-l"he Carrier is required to give confirmation of their acceptance of the Standard Terms &

Conditions of the tender mentioned below which wil l autornatically be considered as parl of theContract/Agreement/MoU concluded with the successful Carrier (i.e. Carrier in the Contract) asselected by the Charterer. Failure to do so may result in rejection of the Bid submitted by theCarrier.

1. Law : The Contract shall be considered and made in accordance with the laws of the

Republic of India. The contract shall be governed by and interpreted in accordance with the laws

of the Republ ic of Ind ia.

Effective Date of the Contract: The contract shall come into effect on the date of

signatures of both the parl ies on the contract and shal l remain val id unti l the cornplet ion

of the obl igations of the part ies r-rnder the contract. - fhe

performance of the services shal l

comrnence fiom the efTbctive date of the contract.

r\rbitrat ion:Al l disputes or dif l -erences arising out of or in connection with the Contract shal l besett led by bi lateral discussions. Any dispr-rte, disagreement orquestion arising out of orrelat ingto

the Contract or relating to construction or performance. which cannot be settled amicably, may beresolved through arbitration in accordance with the Indian Arbitration and Conciliation Act.1996. An arbitrator of the level of High Court Judge wil l be appointed by the Administrator inconsultation with the successful bidder who will act as the sole arbitrator.

Penalty for use of Undue influence: The Carrier underlakes that he has not given, offered orpromised to give, direct ly or indirect ly, any gif t , consideration, reward, commission, fees

brokerage or inducement to any person in service of the Charterer or otherwise in procuring theContracts or forbearing to do or for having done or forborne to do any act in relation to theobtaining or execution of the present Contract or any other Contract with the Government ofIndia fclr showing or forbearing to show favour or disfavour to any person in relat ion to thepresent Contract or another Contract with the Government of ' India. Any breach of the aforesaidr"rnderlaking by the Carrier or any one employed by l-rirn or acting on his behalf (whether with orwithout the knowledge o1'the Carrier) or the commission of any offers by the Carrier or anyoneemployed by him or act ing on his behalf, as defined in Chapter IX of the Indian Penal Code.I 860 or the Prevention of Corruption Act,1986 or any other Act enacted for the prevention ofcorruption shall entitle the Charterer to cancel the contract and all or any other contracts with theCarrier and recover from the Carrier the amount of any loss arising from such cancellation. Adecision of the Charterer or his nominee to the effect that a breach of the undertaking hadbeen committed shal l be f lnal and binding on the Carrier. Giving or offering of any gif t .bribe or inducement or any atternpt at any such act on behalf of the Carrier towards anyofficer/employee of the Charterer or to any other person in a position to influence anyofficer/ernployee of the Charlerer for showing any favour in relation to this or any other contract,

3.

4.

1,2



f , .

shall render the Carrier to such l iabi l i ty/ per-ralty as the Charlerer may deem proper"

including but not l i rnited to termirrat ion of the contract, imposit ion of penal damages, forfeiture

of the Bank ( iuarantee and refund ol- the amounts paid by the Charlerer. Besides, hiding

infbrrnation or providing false inforrnation in respect of any of the inforrnation required in this

tender shal l also render the Carrier to such l iabi l i ty/ penalty as the Charlerer may deem

proper, irrcludirrg but not l imited to termination of the contract, i rnposit ion of penal damages.

forfeiture of the Bank Guarantee and refund of the amounts paid by theCharlerer.

Agents/Agency Commission: l 'he Carrier confirms and declares to the Charterer that the Carrier

is the original provider of the services referred to in this Contract and has not engaged an

individual or firm, whether Indian or foreign whatsoever. to intercede, facilitate or in any

\vay to recommend to the Government of India or any of i ts functionaries. whether off icial ly or

unofficially" to the award of the contract to the Carrier; nor has any amount been paid. prornised

or intended to be paid to any such individual or f i rm in respect of any such intercession,

faci l i tat ion or recommendation. The Carrier agrees that i f i t is establ ished at any t ime to the

satisf-action of the Charterer that the present declaration is in any way incorrect or if at a later

stase i t is discovercd by the Chafterer that the Carrier has engaged any such individual/f i rm. and

paid or irr tcnded to pay any arnount, gif t , reward, f-ees. commission or consideration to such

pcrson. pafty, f i rm or inst i tut ion. whether before or after the signing of this contract, the Carrier

r,r, i l l bc l iable to refund that amount to the Charterer. The Chafterer wi l l also have a r ight to

consider cancel lat ion of the Contract either wholly or in part, without any enti t lement or

compensation to the Carrier who shall in such an event be liable to refund all payments made by

the Chafterer in terms of the Contract along with interest at the rate of 2oA per annum above

LIBOR rate. l-he Charterer wi l l also have the r ightto recover any such amount From any

contracts concluded earl ier with the Government of India.

Access to Books of Accounts: In case it is four-rd to the satisfaction of the Charterer that the

Carrier has engaged an Agent or paid commission or influenced any person to obtain the

contract as described in clauses relat ing to AgentsiAgency Commission and penalty for

use of undue inf luence, the Carrier, on a specif ic request of the Charterer. shal l provide

necessary infbrrnatiorr/ inspecticln of the relevant f-irrancial docurnents/information.

7. Non-disclosure of Contract documents: Irxcept with the writ ten consent of the

Charlerer/Carrier. other party shal l not disclose the contract or any provision. specif icat ion, plan,

design" pattern. sample or information thereof to any third pafty except in the case of Para 1.2 of

Section IV.

8. Liquidated Damages: In the event of the Carrier's failure to submit the Documents. to operateflights as scheduled, to provide airport and in-flight services and failure to fulfill any terms andconditions as specified irr this contract. the Charterer lnay, at his discretion, withhold any

6.

1 3



payment until the completion of the contract. The charterer may also deduct from the carrrer as

agreed. l iquidated damages to the sum of 0. luh of the contract price of the services mentioned

above for every week of delay or part of a week, subject to the maximurn value of the Liquidated

Damages being not higher than l0% of the value of such services after which the adrninistrat ion

wil l be free to terminate the contract without anv obl igation thereof.

9. Termination of (lontract:The Charlerer shall have the right to termirrate this Contract in part orin ful l in any of the fbl lowins cases :-

fhe Charterer has noticed that the Carrier has taken recourse to il lesal means to win

this contract"

By giving at least one month's notice from the administrat ion.

Non cornpl iance of any terms and condit ions mentioned in this contract.

As per decision of the Arbitrat ion Tribunal.

10.1

10.2r0 .310 .4

11. Transfer and Sub-lett ing: The Carrier has no right to give, bargain, sell, assign or sublet orotherwise dispose of the Contract or any part thereof-. as well as to give or to let a third party takebenefit or advantage of the present Contract or any part thereof.

12. Amendments : No provision of present Contract shal i( inclr-rdirrg this provisiorr) either in whole or in parl except

the date of this Contract and signed on behalf of bothto amend the present Clontract.

changed or rnodified ir-r any wa1,

an instrument in writing made afterparties and which expressly states

bebythe

13. Tares and Duties

I 3. I General

13.1.1 The In land Ai r Travel Tax ( IATT) has been abol ished. However, i f a t any g iven point o ft i tne, the IATT is re-introduced on a chafter operations on domestic sectors. appl icabletax. as revised from t ime to t ime, on the basis of per person, per embarkation wil l bepayable by the Charterer.

13.1.2 The Financial bid wil l consider the amount inclusive of al l taxes; therefore the biddermust be careful in quoting all applicable taxes/fees/surcharges/miscellaneous charges.The total l iabi l i ty of the administrat ion wil l be taken into account while comparing theb ids .

13.1.3 If a Carrier is exempted f iorn payrnentof any dutyltaxlcess/fee/charge etc. r"rpto any valueof supplies l-rom thern. he should clearly state that no such dutyitar will be charged byhim up to the l imit of exemption which he may have. I f any concession is avai lable inregard to rate/quantum of any dutyltaxlcess/fee/charge etc., it should be bror-rght outclearly. Stipulations like, the said dutyltu,lcess/fee/charge etc. was presently notapplicable but the same wil l be charged i f i t becomes leviable later on, wi l l not be

I4



accepted unless in such cases i t is clearly stated by a Carrier that such

dutyltax/cess/fee/charge etc. will not be charged by hirn even if the same becomes

applicable later on. In respect of the Carriers. who fai l to comply with this requirement,

their quoted prices shall be loaded with tl-re quantum of such dutyltax/cess/feeicharge etc.

which is normally appl icable on the i tem in question for the purpose of comparing

their prices with other Carrier.

13.1.4 Any change in any dutyltax/cess/fee/charge etc. upward/downward as a result of any

statutory variation taking place within contract terms shall be allowed to the exterrt of

actual cluantum of such dutyltaxlcess/fee/charge etc. paid by the Carrier. Similarly. in

case of downward revision in any dutyltax/cess/fee/charge etc., the actual quantum of

reduction of such dutyltax/cess/fee/charge etc. shall be reirnbursed to the Charlerer by the

Carrier. Al l such adjustrnents shal l include al l rel iefs, exemptions, rebates, concession etc.

if any obtained by the Carrier.

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1 .

SECTION IV _ SPECIAL CONDITIONS OF TENDER

l'he Carrier is required to give confirmation of their acceptance of Special Condit ions of theRFP rnentioned below which wil l autornatical ly be considered as part of the Contract concludedwith the successful Carrier (i.e. Carrier in the Contract) as selected by the Charterer. Failure todo so may result in reject ion of Bid subrnit ted by the Carrier.

Option Clause :I .1 The contract wi l l have an Option Clause" wherein the Charterer can exercise an

option to operate an additional 100% of the original contracted number ol-f l ights in accordance with the same terms & cclndit ions of the present contract. Thisr,vi l l bc appl icable w' i thin the currency of contract. The Carrier is to confirrn theacceptance of the same fbr inclusion in the contract. I t wi l l be entirely the discret iono1'thc Charterer to exercise this option or not.

1.2 In case of ercess demand/addit ional regular requirement of adrninistrat ion. winningbidder (Ll) may be asked to increase number of tr ips on anyl both sectors. However,Number of tr ips wil l be decided by mutual discussions but on the same rate, terms &condition as specified in this tender document and subsequent agreement betweenthe UT[. Administrat ion and the successful bidder. In case of inabi l i ty to offeradditional aircraft. seats in other aircraft being run by the same bidder on the samesector on another schedule can be offered on the same rate. terms & condition.I- lowever, the decision of UTL Administrat ion in this regard to accept or reject theoffer of the successfirl bidder will be final.

-fhe Carrier is to confinn the acceptance

of the same for inclusion in the contract. I t wi l l be entirely the discret ion of theCharterer to exercise this option or not.

Repeat Order Clause : ' [ 'he

contract wi l l have a Repeat Order Clause, wherein theCharlerer can order up to 100% numbcr ol' flrghts under the present contract within sirInonths l l 'om thc date of successlul completion ol ' this contract. the cost, terms & condit ionsremaining the same fbr one r lore year. Tl-rc Carrier is to conf-rrm acceptance of this clause. I twi l l be entirely the discret ion of the Charlerer to place the Repeat order or not.

Hindrance or Interruption:Notrvith:; tanding anything contained herein, should thefulfrllment of the contract by the Carricr become subject to hindrance or interruptionthrough any circumstances beyond the control of the Carrier (forexample, disorganizationat airpoft, whether or not mentioned hcrein, war, civil unrest restraint or rules or peopleincluding interference of governmental authority or other off icials. act of God, Str ikes, Lockot-tts. frre. meteorological condit ions, lertent defects in rnacl-r inery or equipment, col l is ionsand other accidents of navigation when occasioned by want of due di l igence or error injudgment by or on behalf of the captains of the aircraft or other persons employed by theCarrier or any other operational reqr-rire ment) the carrier may postpone thecommencement or continuance of the carr iage unti l cessation or the circumstancesoccasionirrg the hindrance or interruption continue for a period of six days then either partymay. while the hindrance or interruption is continuing by notice to the other" cancel thiswithout payment of darnage or penalty by either party to the other and thereupon

)

3.

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a) i f the f l ight shal l not have commenced, the Carrier shal l refund to the charterer thecharter price,

b) i f the hindrance or interruption shal l occur during the course of the f l ight (whichexpression includes al l abort ive f l ight and any deviat ion) the Carrier wi l l beentitled to recover fiom the Charterer the charges for the period of suchhindrances and interruptions at the laid down hourly rates except that in the case oftechnical fai lure. no such charses wil l be levied.

But this is without pre. judice to

i) The obl igation of the Carrier to take al lpassengers' baggage and/or cargo.

i i ) The indernnity of the Carrier to thetransportat icln contained in this Agreement

reasonable measures for the protection of

C'harterer to provide alternative means of(subject to possibi l i ty).

Should the aircraft be eIl-ectively prevented from completing the flight through anycircumstances as aforesaid and the carriage cannot be completed this contract shall thereuponbecome cancelled and the respective r ights and l iabi l i t ies of the part ies shal l be such (andsuch only) as are hereinbefore set for the cancellat ion by notice duly given during thecontinuing hindrance.

4. Traffic Documents:The carrier will issue or arrange for the issue and will carry outcornplet ion of al l traff ic documents including air way bi l ls where required and wil l supplythe fbrms necessary for this purpose. I t shal l be the responsibi l i ty of the Chartererto see thatthe said documents are ful ly cornpleted as aforesaid, and always issued and supplied inaccordance with al l requirements of the Warsaw Convention as laid down in the IndianCarriage by Air Act 1972. For this purpose. the Charterer wi l l provide to the C'arr ier or i tsagents. al l reasonable information and assistance in the event when such documents areprepared by the Carrier from information furnished by the Charterer.

5. Payment Terms: Payment wil l be made through Account payee chequesiDDs RTGS only.Carriers to indicate their bank account numbers and other relevant payment detai ls. Thepayment wil l be made as per the fol lowing terms. on production of the requisite documents.

5 .1 The charges wil l be bi l led for the f ixed block t imings for each round tr ip f l ightoperated under agreement. The payment shall be restricted to the quoted blockhours only. Applicable Passenger Service Fee and Airport Development charges shal lbe borne b), the Carrier.In addition to the above charges, any other statutory taxes and levies such asFuel Surcharge. JN Tax, Air l ine Miscel laneous charge. Congestion Fee as may beimposed by the Government shall be borne b), the Carrier. The change in schedule ofoperations if any wor-rld be mutually agreed from time to time.No revision of prices wil l be accepted during the agreement period on accountof price r ise in Aviat ion fuel, Aircraft components, maintenance, parking charges, etc.The afbresaid charter Rate is payable from the airport of departure to the airport of

destination for the f-rxed block t imings. -fhe

proforma invoice wil l be raised by the

5.2

5 .3

5 .4

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5 .5

Carricr. on the l ' ' day o1' each month for the charges worked out on the basis of

actual operations

A Certifrcate that no upward or downward changes on rateltax/duty/cess/fee etc items

in agreement have taken place in the month of operation must be submitted by the

carrier along with the monthly bi l ls.

performance of an obligation under thefor the period of t ime of act ion of

6. Advance Payments: No advance payrnent(s) will be made.

7. Paying Authorify: Payment of chafter charges will be normally made within 4 weeks from

the date of submission of invoices for the chartered flights operated.

8. Risk & Expurse clause:

8.1 Should the services or any part thereof not be perfbrmed within the t irne or t imes

specified in the contract documents. or il ' unsatisfactory service is made in respect

of the sen,ices or any parl thereol. the Charlerer shal l after granting the Carrier45 days to

cLrre thc brcach. bc at l iberly, withor"r l prejudice to the r ight to recover l iquidated

damages as a remedy for breach of contract, to declare the contract as cancelled

either wholly or to the extent of such default.

8.2ln case of a f l ight operation that was not remedied within 45 days. the CF{ARTERER

shall having given the right of first refusal to the CARRIE,R be at liberly to procure from

any other source as he thinks fit, other services of the same or similar description to make

good:-

8.3. 1 Such defaul t .

8.3.2 In the event of the contract being wholly determined the balance of the

services remaining to be performed there under

9. l 'orce Majeure clause:9. I Neither parly shal l bear responsibi l i ty for the complete or part ial non-performance of any

of i ts obl igations (except for fbi lure to pay any sum which has become due on account offlights operated under the provisions of the present contract), if the non-performanceresults l ' rom such Force Majeure circumstances as Flood, Fire, Earth Quake and other actsof God as well as War, Mil i tary operation, blockade, Acts or Actions of State Authorit iesor any other circumstances beyond the parlies control that have arisen after the conclusionof the present contract.

9.2Ln such circumstances the time stipulated for thepresent contract is extended correspondinglythese circumstances and their consequences.

9.3 The party for which i t becomes impossible to meet obl igations under this contract due toForce Majeure conditions, is to notify in written form the other party of the beginning andcessation of the above circumstances immediately, but in any case not later than 10( fen) days f iom the moment of their beginning.

9.4 Ccrtifrcate of DGCA or other competent authority or organization shall be a slrfflcientprool-of commencement and cessation of the above circumstances.

1B



10.

9.5 If the impossibi l i ty of cornplete orpart ial performance of an obl igation lasts for more than6 (six) months. either party hereto reserves the right to terminate the contract totally orpart ial ly upon giving prior writ ten notice o1' 30 (thirty) days to the other party of theintention to terminate without any l iabi l i ty other than reimbursement on the termsprovided in the agreement filr the goods received.

Signing of the contract/agreement: J'he contractlAgreement against this tender will bc

covered in accordance with al l the terms and condit ions mentioned in this tender document.

The successful bidder shall be required to execute a formal contract/agreement covering all

terms & conditions & other rnutually agreed terms and conditions upon through negotiations

withor"rt violat ing the basic terms & condit ions specif ied in the tender document.

Miscel laneous:

1 | .1 Carriage performed hereunder shal l be subject to the general condit ions of

carriage and traffic regulations of the Carrier framed under the provisions of relevant

Act/Acts provided that these terms and conditions are not contrary to the terms and

condit ions of this Charler Agreement.

The Carrier shal l , in the event of the Aircraft becoming unserviceable, make

all possible elforts to substitute another aircraft l-or the aircrafl specified herein

before or provide alternative means of transpoftation to complete the carriage. In

case, the f l ight is cancel led due to technical reasons on a part icular day, al l possible

attempts will be made to operate the flight within the next 48 hours.

The Captain of the aircraft shall have complete discretion concerning the

passenger, load carried, its distribution and the ffranner of the stowing and discharge.

as to where landing should be made and the Charterer shall accept all sr"rch decisions

of the captain, and the Charterer shal l not incurr any l iabi l i ty as a result of the

acceptance of such decisions.

In the event of interruption of the chafter occurring for any reason other than the f,ault

of tl-re Carrier prior to its completion. the carrier agrees to advise the Charlerer as

prornptly as possible and to take at its own cost all reasonable measure for the

protection of the passengers, baggage andlor cargo after their discharge from the

aircrali but the Charterer shall not be responsible fbr any injury, loss or damage

resulting from such intern-rption. -fhe

carrier must have all relevant insurance

including the insurance cover for accident. l i fe loss, injury. baggage loss. third pafty

insrrrance cover etc.

11 .

| 1 .2

I 1 . 3

1 l . 4

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SECTION V - EVAI-,UATION CRITERIA & PRICE BII)

1. Evaluation Criteria :

The broad euidel ines for evaluation of Bids wil l be as fol lows:

l . l Only those Bids wi l l be evaluated which are found to be fu l f i l l ing a l l the e l ig ib i l i tyand quali fying requirements of the tender, both technical ly and commercial ly.

1.2 'Ihe

technical Bids forwarded by the Carriers will be evaluated by the Charterer withreference to the technical characteristics of the aircrafts as mentioned in thetender. The cornpl iance of Technical Bids would be deterrnined on the basis of theparameters specified in the tender. The Commercial Bids of only those Carriers will beopened whose Technical Bids would clear the technical evaluation.

1.3 The Lowest Bid wil l be decided upon the lowest Total Charler Cost per Effect ive Seatquoted by the part icular Carrier as per the Financial/Commercial/Price Bid Formatg iven a t Append ix 'B 'o f the Tender .

Flvaluation and Acceptance Process: First. the technical bids of the carr iers whose tendershave been received in t irne wil l be opened and evaluated as per the cri teria laid out in both thegeneral terms above and the Schedule of Requirement for technical bids given at Appendix'A'. ' fhe decision of the Technical Evaluation Comrnittee (TEC) subject to acceptanceby Competent l-- inancial Authority (CFA ) wi l l be f inal.

Evaluation of Commercial OlTers :3.1 J'he Cornmercial bids of only those f irms whose technical bids have been found to be

suitable by the Technical Evaluation Committee will be opened and thecomparative statement of quotes will be prepared.

3.2 Block hours are to be calculated based on averase flyine hours of both ways on thesector during last one year.

3.3 Overal l Cost Per Passenger both ways wil l decide the lowest Carrier. Effect ivepassenger carrying capacity both ways Kochi-Agatti-Kochi will be taken intoconsideration while deciding cost per passenger. Effective passenger carrying capacitywil l be calculated as simple average of maximum number of passengers who can becarried on both the sectors mentioned above with all the baggage permissible (check in20 Kg I Fland baggage 5 Kg) to these passengers and crew members and othermandatory paraphernalia. An)z subsequent request for reduction of quoted promisedel'fective nurnber of seats shall not be permitted under anli circumstances.

4. Price Bid l 'ormat: The Financial iCommercial iPrice Bid Format is given at Appendix'B'and Carriers are required to fil l this up correctly with full details.

)

3.

20



Append ix 'A '

UNION I'ERRITORY OF' LAKSHADWEEPDIRECTORATE OF PORT, SIIIPPING & AVIATION

KAVARATTI Dated l9'r' March. 2o l 3

TECIINICAI, BID

SCIIEDUI,E OF REQUIREMENT FOR CTIARTER FI,IGHTS ON KOCHI - AGA'I"I'I -

KOCHI SECTOR.

NAME OF TIIE CARRIER, ADDRESS, PFIONE NO. EMAIL ID:

l. Following parameters must be met by the carriers in order to qualify:

irtr".( a )

(b)

(e )

(d)

'I 'echnical ParametersWhether r.oisteied-with OCCelfrrf in of Cwil ,qvruiionand possess val idl icense to operate charter f l ights.I tegistrat ion Number and val idity tobe mentioned.

Shor-rld possess minimum 03 aircrafts of any type. Theaircraft offered should have effective carrying capacityo1'40 or above passengers on the route stipulated. Theaircraft to be used for charter must not be older than l8years Please specify number/type of aircraft held oninventory with their balance life.

Should have aircrew, ground crew and cabin crew

security cleared for operating on the specified sectors.(Cerlificate by clearing agency to be attached).

Should have ful ly trained aircrew with current on type

for gpgluliorr in the specified sector as per D99{ryry!Whether ground-handling faci l i t ies/services are

avai lable at Agatt i . Type of faci l i t ies avai lable is to be

specif ical ly mentioned. Or else the bidder shouldcommit to have befbre the start of the operations.

wfi.Tn., f..,fiO.tulfr of co*pu@

Aircraft on offer to carry

_ '!u

!" fillgq !y fiIgYesA\o

YesA\o

YesAIo

YesA\o

YesA\o

YesNo

on the specified sector.at least 40 passengers one way YesNo

2 1



Whether there are any flyingwhich are l ikely to have an

&l or technical restrictions,adverse impact on charter

operatiorrs if so, attach detailsp.tuiliof uii.iun

"ff.r"a in C-on*.r.iuibids

(i) 'fype of aircraft:

Aircraft registration

Date of manufacture:

Age of aircraft:( as on last date fbr sr"rbrnission of bids)Instal led Seating Capacity

( i i i )

( v i )

(v)

(vi) Eff-ective Seating Capacity (Ref.3.3 of Section V)

Acceptance to all terms & conditions of the Tenderdocument.

Ai..ptu*. to pr*ia-. r.ri[.-"t p* *itlt that providedtheir standardby No f r i l l a i r l ine in economy c lass on

domestic f l ights. (Ref Para 2 ol 'Section II)

Mqipyp !,q_g_q,!epe9!tJ_ y !_.t,!T92,8 o1_l_9_cl!q" lt_

YesNo

Variation, if fltry,fle4q"!pg.'ry__

Yes,4\o

(l)

GU oaerq!1g $chgdqle (VaJ_ b. p_tqp_q!.d by_t-hq ,b_idqg!_

All the enclosures shall be enclosed.

Certificate of Registration from Airworthiness Authority of the State of Registry;

Certificate of Airworthiness from Airworthiness Authority of the State of Registry;

CertificatelLog Book entry showing when last major check carried out;

IIours/cycles at the time of last major checks;

Agency which has performed the last major checks;

Certificate from the agency showing compliance of the last major chechsq

Details of util ization during past one year;

Enclosures:

i)

ii)

iii)

iv)

v)

vi)

vii)

22



viii) IIours/cycles since new for the aircraft and engine as on June 1, 2006.

ix) Checks due during charter period (including any renewal thereof);

x) Components due for replacement during charter period;

xi) [ , ist of al l appl icable mandatory modif icat ions/ inspections and their compliancestatus;

rii) List of any mandatory requirements due during the charter period.

xi i i ) Previous history of Aircraft including any accidents, major damages i f any and alsoa l ist of major defects and repeat snags observed during last three months andrectilicatio n thereof.

xiv) Letter of authority from the owner/operator of the aircraft to the Bidderauthorizing the Bidder to offer the aircraft on wet lease to LakshadweepAdministration

xv) Date on which the aircraft last flown.

xvi) Confirmation that aircraft is equipped with ACAS II (TCAS II MPOS 7)

xvii) Seating conliguration (LOPA)

xviii) A statement from the owner/operator that the aircraft fully complies with theAirworthiness requirements of the State of Registry and regulations of DGCA,India.

xix) Copy of Bank Guarantee of Rs.75,00,000/- (Rupees Seventy Five I-.,akhs only)

xx) Any other required & relevant documents as mentioned in the Tender. All rrages ofthe bid document and enclosures shall be signed by the authorized representative.

Place Signature of Authorized Bidder

Date Name:Designation:l l -mail :' l 'el:

l 'ax No:

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