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Tendernotice 1 PDF
Tendernotice 1 PDF
November 2019
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REQUEST FOR PROPOSAL
Name of Work: Request for Proposal /Bid for Selection of a Project Consultant including PMC for
Expansion of Apron, Cat 1 Approach lighting system, Reciprocal ILS and Auxiliary works at Kannur
International Airport
The RFP document contains serially numbered pages from 1 to 52. Total 52 pages
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Kannur International Airport Limited
CONTENT
Sl Particulars Page No:
No
A. E-Tendering Guidelines 8
B. Technical Bid
1. Introduction & Scope of Work 13
2. Brief Description of Bidding Process 14
3. Selection & Evaluation Criteria 16
4. Instruction to Bidders 17
5. Technical proposal/Bid 20
6. Bidder’s Experience as Project Consultant 20
7. Financial Proposal /Bid 21
8. Conflict of Interest 21
9. Fraudulent and Corrupt Practices 22
10. Due Diligence by bidders 23
11. Availability of RFP document 23
12. Number of Proposals/Bid 24
13. Proposal/Bid and other costs 24
14. Right to accept any Proposal/bid 24
15. Clarifications 24
16. Pre-Bid Meeting 25
17. Amendment of RFP 26
18. Language 26
19. Format and Signing of Proposal/bid 26
20. Validity of the Proposal/bid 27
21. Evaluation and Award Criteria 27
22. Important Milestone and Implementation Schedule 27
23. Liquidated Damages 28
24. Extension of Time 28
25. Termination Suspension and Resumption 28
26. Force Majeure 29
27. Payment of Fees 29
28. GST and other taxes 30
29. Exclusions 30
30. Additional Work 30
31. Consultant’s Obligations 30
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32. Key Personnel 31
33. Representations and Warranties 31
34. Owner’s Obligations 32
35. Payment 32
36. Performance Guarantee 33
37. Indemnity 33
38. No Consequential damages and Limit of Liability 33
39. Insurance 33
40. Intellectual Property Rights 34
41. Commencement, Completion and Alternations 35
42. Alterations 35
43. Assignment 35
44. Applicable Laws 36
45. Settlement of Disputes 36
46. Heading of Clauses 36
47. Ruling Language 36
48. Confidentiality 36
49. Preparation of Proposal/Bid 36
50. Submission of Proposal/Bid 37
51. Deadline for Submission of Proposal/Bid 37
52. Appendix I-Form 1- Covering Letter 38
53. Appendix I-Form 2- Particulars of the Applicant 39
54. Appendix I-Form 3- Proof of Technical Capacity 41
55. Appendix I-Form 4- Power of Attorney 43
56. Appendix I-Form 5- Proof of Financial Capacity 45
57. Appendix I-Form 6- Certificate from Auditor 46
B Financial Bid
Appendix II- Price Bid 47
Annexure – I – RFP Document fee & EMD submission 49
compliance statements
Annexure – II – Technical compliance statements 50
Tender Drawings 52
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DISCLAIMER
This RFP is neither an agreement nor an offer by Kannur International Airport to the prospective
bidders or any other person. The purpose of this RFP is to provide interested parties with information
to assist in the formulation of their Proposals/Bids for selection pursuant to this RFP. This RFP
includes statements, which reflect various assumptions and assessments arrived at by Kannur
International Airport in relation to the Consultancy.
Such assumptions and statements do not purport to contain all the information that each Bidder
may require. This RFP may not be appropriate for all persons, and it is not possible for Kannur
International Airport or their employees to consider the consulting 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 and each Bidder should 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.
Kannur International Airport or their employees make no representation or warranty and shall
have no liability to any person, including any Bidder, under any law, statute, rules or regulations
or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or
expense which may arise from or be incurred or suffered on account of anything contained in this
RFP or otherwise, including the accuracy, adequacy, correctness, reliability or completeness of
the RFP and any assessment, assumption or information contained therein or deemed to form
part of this RFP.
Kannur International Airport 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.
The issue of this RFP does not imply that Kannur International Airport is bound to select or to
appoint Bidder for the Consultancy and reserves the right to reject all or any of the Bidders
without assigning any reasons whatsoever. Kannur International Airport reserves the right to
change any or all the provisions of RFP. Such changes shall be intimated to all the Bidders
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REQUEST FOR PROPOSAL
Earnest Money Deposit Rs.6,00,000/- (Rupees Six Lakh Only) to be submitted online.
Document Download sale Start Date : 01 November 2019 End date : 21 November 2019
up to 1400 hrs
Clarification Start Date : 01 November 2019 End date : 05 November 2019
upto 1400 hrs
Bid Submission Start Date : 07 November 2019 End date : 21 November 2019
up to 1400 hrs
Pre-Qualification &Technical 23 November 2019 at 14 00hrs
BidOpening Date& Time
Financial Bid Opening Date Will be notified after the Technical Bid opening
process
Prospective bidders are advised to get themselves acquainted for e-tendering participation
requirements at “Bidders Manual Kit”, register themselves at e-tendering portal
(etenders.kerala.gov.in), obtain ‘User ID’ & ‘Password’ and go through the ‘Help for Contractors /
Bidder’s Manual Kit’ available in the Home Page after log in to the portal etenders.kerala.gov.in. They
should also obtain Digital Signature Certificate (DSC) in parallel which is essentially required for
submission of their application. The process normally takes 03 days time. The bidder may also take
guidance from Help Desk Support.
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E-TENDERING GUIDELINES TO THE BIDDERS”
1. E-TENDERING PROCESS:
i) This tendering carried out through e-procurement System of National Informatics Centre via the
Kerala State IT Mission is an open e- tender process with Multi Currency option and consists of
3 Covers as follows :
Cover-1: Fee Paid Details: Compliance statement (Annexure I) duly filled confirming the online
submission of the Tender fee and Earnest Money Deposit (EMD)
Cover-2: Pre & Technical Bid: The bidder shall submit the Pre and Technical Bid-Qualification
documents Compliance statement (Annexure II )duly filled in, along with the scanned copies of
the documents.
Cover-3: Financial Bid: ** The bidder shall upload the duly filled Bill of Quantity in BOQ.xls file
document(Annexure III)
**Note: The blank price bid (BOQ.xls file) should be downloaded and saved on bidder`s computer
without changing file-name otherwise bid will not get uploaded. The bidder should fill in the
details in the same file and upload the same to the website.
ii) Fixed Price: Prices quoted by the bidder shall be fixed during the bidder`s performance of the
contract and not subject to variation on any account. A bid submitted with an adjustable / variable
price quotation will be treated as non-responsive and rejected.
iii) Bidders have to submit their documents pertaining to the Pre-Qualification Criteria / Technical
Criteria and Financial Quote, strictly online, in the website etenders.kerala.gov.in. No manual
submission is allowed and manual bids shall not be accepted and considered under any
circumstances.
iv) Submission of a bid by a bidder implies that he has read this notice and all other contract
documents and has made himself aware of the eligibility criteria, scope and specifications of the
works to be done, local conditions, local material rates and other factors bearing on the execution
of the works.
v) Notification of Award of contract will be made in writing to the successful bidder by the
Accepting Authority or his representative. The contract will normally be awarded to the qualified
and responsive bidder offering the bid in conformity with the requirements of the specifications
and contract documents and the Accepting Authority shall be the sole judge in this regard. The
Accepting Authority does not bind himself to accept the lowest or, any tender or to give any
reason for his decision.
vi) A responsive bidder is one who submits priced tender and accepts all terms and conditions of the
specifications and contract documents.
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vii) Pre & Technical Bid Qualification documents: The Pre-Bid & Technical Bid Qualification
documents of the bidders who have submitted the Tender Fee and Earnest Money Deposit online
as per the tender conditions will only be opened and evaluated.
ix) Financial Bid: Only the Financial Bid of the Bidders who have qualified in the Pre-Bid and
Technical Bid as per the tender conditions and accepted by Kannur International Airport will be
opened on a later date, with prior notification.
2. GUIDELINES TO BIDDERS :
i) Tender documents can be down loaded from the website etenders.kerala.gov.in. The bids shall
be submitted online through this portal.
ii) Bidders (Including Foreign Nationals) should have a Class II or above Digital Signature (DSC) to
be procured at their own cost from any Registration Authorities under the Certifying Agency in
India (details available on www.cca.gov.in).The Office of Controller of Certifying Authorities
(CCA), issues Certificate only to Certifying Authorities(CA).CA issue Digital Signature
Certificate to end-user. Bidders can approach any one of the five CAs for getting Digital Signature
Certificate. The website addresses are given below:
www.safescrypt.com
www.idrbtca.org.in
www.tcs-ca.tcs.co.in
www.ncodesolutions.com
www.e-Mudhra.com
iii) Subsequently, bidders have to register (one time process) on the website etenders.kerala.gov.in.
for participating in this tender. For any type of assistance, bidders may contact the e-
procurement support desk of Kerala State IT Mission through email : etendershelp@kerala.gov.in
with a copy to etenderenquiry@kannurairport.in
OR
0484-2336006 / 2325262
iv) The bidders shall submit their Technical bid and Financial bid online together on
www.etenders.kerala.gov.in along with online payment of tender document fees and EMD.
Finally click on “Freeze bid” link /icon to complete the submission process (which is necessary
for the successful submission)
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Note: In order to avoid any system related or other complications during submission bids in the last
moment, all bidders are advised to upload their bids/ relevant documents at least 3 hours before
the bid submission cut off time. In this regard request for extension of time received through
any mode of communication due to failure of submission during last minute will not be
entertained .
For detailed instructions on bid submission process, please visit etenders.kerala.gov.in. and
click “Bidders Manual Kit” link on the Home page.
The bidder shall pay, a tender document fees of Rs. 5000/- inclusive of GST) and Earnest
Money Deposit of Bid security of Rs. 6,00,000/- (Rupees Six lakh only) .The Bid
security/EMD is required to protect the bidder against risk of Bidder`s conduct, which would
warrant the forfeiture of security.
Online Payment modes: The tender document fees and EMD can be paid in the following
manner through e-payment facility provided by the e-procurement system:
If a bidder has a SBI internet banking account, then, during the online bid submission process,
bidder shall select SBI option and then select Internet banking option. The e-procurement
system will re-direct the bidder to SBI`s Internet banking page where he can enter his internet
banking credentials and transfer the tender document fee and EMD amount.
a) If a bidder holds bank account in different bank, then, during the online bid submission
process, bidder shall select NEFT / RTGS option. An online remittance form would be
generated, which the bidder can use for transferring amount through NEFT / RTGS either by
using internet banking of his bank or visiting nearest branch of his bank. After obtaining the
successful transaction receipt no., the bidder has to update the same in e-procurement system
for completing the process of bid submission. Bidder should only use the details given in the
Remittance form for making a NEFT / RTGS payment otherwise payment would result in
failure in e-procurement system.
b) Bidders are advised to exercise NEFT mode of payment option at least 48 hours and RTGS
payment at least 24 hours prior to the last date and time of bid submission to avoid any
payment issues.
c) The Bidder need to generate fresh NEFT / RTGS challan form for this tender for making the on
line fee payment. Using Old challan forms pertaining to any of the earlier tenders / re-tenders
for making the on line fee / EMD payment will not be accepted by the e-Procurement System
and will result in rejection of bid.
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iii) NEFT / RTGS Payment Guidelines:
a) Bidder should ensure that the tender document fees and EMD are remitted as one single
transaction.
b) Bidder should ensure that the tender document fees and EMD are remitted only to the account
number given in the remittance form provided by the e-procurement system for that particular
tender.
c) Only NEFT / RTGS remittance are allowed. Bidder must ensure that the banker does NEFT /
RTGS transaction only (for above 2 lakhs payments as per RBI guidelines).No other payments
modes are accepted.
d) Bidder should ensure that the amount being remitted is exactly the same as shown in the
remittance form.
e) Bidders should ensure that the remittance confirmation (UTR number) received after NEFT /
RTGS transfer should be updated as it is, in the e-procurement system for tracking the
payment.
f) The remittance form provided by the e-procurement system shall be valid for that particular
bidder and bid only and should not be re-used for any other tender or bid or by any other
bidder.
g) Any transaction charges levied while using any of the above modes of online payment has to be
borne by the bidder. The supplier / contractor`s bid will be evaluated only if payment status
against bidder is showing “Success” during bid opening.
5. Financial Bid Opening Will be notified after the Technical Bid opening
Date process
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NOTE:
i) Kannur International Airport may at its discretion extend / change the schedule of any activity
by intimating the bidders through a notification on the e-tender portal.
ii) The time that is displayed from the server clock at the top of the tender Portal, will be valid for
all actions of requesting bid submission, bid opening etc., in the e-Procurement portal. The
Time followed in this portal is as per Indian Standard Time (IST) which is GMT+5:30. The
bidders should adhere to this time during bid submission.
5. CLARIFICATION ON TENDERS:
b) To assist in the examination, evaluation and comparison of Tenders, the Purchaser may, at its
discretion, ask the bidder for a clarification. All responses to requests for clarification shall be
through the e-Procurement System only.
c) The bidder, at its discretion, extend the deadline for the submission of Tender by amending
the Tender Documents in accordance with Clause 4 of this, in which case all rights and
obligations of the Purchaser and bidders previously subject to the deadline will thereafter be
subject to the deadline as extended.
6. LATE TENDERS:
Any tender submitted by the Purchaser after the deadline for submission of Tenders will not
be accepted in the e-Portal.
b) No bids shall be withdrawn in the interval between the deadline for submission of bids and
the expiration of the period of bid validity specified.
c) If the bidder modifies the tender condition at any stage even after submitting the unconditional
acceptance letter then the bid submitted by the bidder is liable to be rejected and the EMD
shall be forfeited.
MANAGING DIRECTOR
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1. Introduction& Scope of Work
Kannur International Airport Limited has been incorporated as a Public Limited Company. The
Airport started commercial operations from 9th December 2018. At present 48 movements are taking
place at this Airport. Kannur Airport is connected to all the major cities in India and almost all the
Middle East countries.
Kannur Airport would like to undertake the expansion of Apron, CAT I approach lighting system at RWY 25,
Development of Navy/IAF area (partly) and other ancillary works including reciprocal ILS.Total project cost is
Rs 250 crores approximately .
Kannur International Airport now proposes to select a Project Consultant/ firm of consultants, with
proven track record as Project Consultant for the Kannur Airport project viz consisting of following
works involving tender documents preparation, Design review, PMC, tender scrutiny, supervision of
the entire construction including obtaining all statutory clearances, through competitive tendering
process by inviting bids from interested parties meeting the eligibility criteria.
List of works
1) Expansion of Apron.
2) CAT I approach lighting system at RWY 25.
3) Development of Navy/IAF area.
4) Reciprocal ILS – Civil & Electrical works
The different modules of the scope of work shall include but not be limited to:
1.1.1. Preparation of all details for statutory clearances required based on the present statutes,
submission of all documents and completion of other steps that will enable Kannur
International Airport to obtain such clearances (excluding environmental impact
assessment & clearance thereof from MOEF).
1.1.2. Approvals / License from DGCA/ICAO, Airports Authority of India, and any other clearances
from any other organizations as may be required.
1.1.3. Approvals and clearances from local authorities, Town planning department and
Development Authorities.
1.2.1. Preparation of technical data and preparation of drawings taking into account the Master
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plan of Airport, airport utility services like power, lighting, water, sewage, drainage, access
roads, fire, safety, security, etc. Conformity with ICAO standards and IATA standards for
the scope of work. The consultant should liaise with Director General of Civil Aviation
(DGCA) and other authorities for obtaining all statutory approvals for the plans and
designs.
1.2.2. Preparation of estimate, draft NIT, Justification statement for all scope of work.
1.2.3. Architectural design and drawings for all the scope of work.
1.2.4. Supervision of entire construction under scope of work.
1.3.1. Drafting of TOR for the EPC Contractor, inviting offers, short listing, negotiation
and selection of Contractor and finalizing the contract.
1.4. Co-ordination, monitoring, checking, testing and commissioning of the scope of works.
1.4.3. Verification of all designs, estimates, BOQ, technical specifications, rate analysis etc.
prepared by the EPC.The structural vetting ofdrawings from
NIT/IIT/CUSAT/Government Engineering Colleges for flyover.
1.4.4. Ensuring Quality Control and Quality Assurance in respect of the work done by the
EPC Contractor as per the standards and specifications prepared by the Consultant on
behalf of Kannur International Airport and also as per the norms of AAI, CPWD,
MORTH, BIS etc.
1.4.5. On completion of work preparation and submission of as built drawings, technical report,
completion report and final bill of the contractor,taking over of the structure completed
from the contractor.
1.4.6. Preparing draft board notes, checking and scrutinizing Extra/Substituted Items. Preparing
counter statements in case of litigation etc.
1.4.7. Delivering all the required work during DLP of the EPC contract in due fulfillment of EPC
contract terms. There after submission of contract concluding certificate.
2.1. The bidding process envisaged here is a three cover system consisting of FeePaid Details (Cover
1) , Pre &Technical bid (Cover 2) and Financial Bid (Cover 3).No Bidder shall submit more than
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1 (one) Bid for a Project.The Technical Bid, including materials evidencing the Technical Capacity
and Financial Capacity, should be furnished online in the formats prescribed in the RFP . Only the
Qualified Bidders shall be considered for shortlisting and for further stages for evaluation.
The first step of the process involves qualification of Bidder with the eligibility criteria along with
technical parameter in accordance with the provisions of this RFP. At the end of this step, Kannur
International Airport shall short list suitable qualified Bidders, whose Financial Proposal/Bid (bids)
will be considered in the second step.
2.2. In the first stage for Qualification, Bidders would be required to furnish the information required for
qualification as specified in this RFP and Technical details. Only those Bidders that are found
qualified and short-listed by Kannur International Airport shall be eligible to have their Bid opened
for the Consultancy Project. It should be clearly understood that documents required for
qualification should be submitted online in the e-Procurement system of e-tender portal.
2.3. The Bidders are advised to visit the site at Mattannur and familiarize themselves with the
Project before submitting the Proposal/Bid (Bids). For location and other details, Bidders may
contact the Office of Kannur International Airport on telephone: Mob: 9446012834 e-
mail:md@kannurairport.aero / edengg@kannurairport.aero
A Bidder will be required to deposit, along with its Proposal/Bid, an Earnest Money Deposit
equivalent to INR 6 Lakhs (Indian Rupees Six Lakhs) (the "Bid Security"/EMD), refundable
not earlier than 60 days from the Bid Due Date .The bid security shall be forfeited if the bidder
withdraws from the bid after opening of the bid but before executing the agreement with the
successful bidder. The EMD can be paid through e-payment facility provided by the e-
procurement system.No other mode of EMD payment shall be accepted.
If at any stage of the bidding process or subsequent to award of the contract/signing the agreement,
it is found that the bidder has violated one or more conditions of the RFP including Clause 4.5.1
and Clause 9 of the RFP, the Bid Security shall be forfeited without prejudice to any other right or
remedy that may be available to Kannur International Airport.
Bidders are invited to examine the Project in detail, and to carry out, at their cost, such studies
as may be required for submitting their respective bids.
All enquiries/clarifications in connection with this RFP should be addressed to the Managing Director,
through clarifications in the e-Procurement system of e-tender portal https://etenders.kerala.gov.in
(Tender management). The Clarifications / queries shall be replied through the Clarification system of
e-tender portal http://www.etenders.kerala.gov.in Any queries/letters received other than through e-
portal will not be accepted or replied.
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Kannur International Airport shall endeavor to adhere to the following schedule:
5. Financial Bid Opening Will be notified after the Technical Bid opening
Date process
The Bidder shall provide all the information sought under this RFP. The Authority will evaluate only
those Bids that are received in the required formats and complete in all respects. Those bids which
are not in the required formats will be termed as “on-responsive”. The Bid shall be typed or written in
indelible ink and signed by the authorized signatory of the Bidder with seal who shall also initial each
page, in blue ink. All the alterations, omissions, additions or any other amendments made to the Bid
shall be initialed by the person(s) signing the Bid.
The Authority shall open the technical bids at 1100 IST on the Bid Due Date, at the place specified
in Clause 4 of E-tendering guidelines and in the presence of the Bidders who choose to attend. The
Authority will subsequently examine and evaluate Bids in accordance with the provisions set out
in the RFP. The Proposals/Bids shall be examined by an Evaluation Committee to determine
whether the Proposals/Bids received are responsive in terms of the requirements of the RFP,
before proceeding further. Bidders are advised that selection of Bidders will be entirely at the
discretion of the Authority. Bidders will be deemed to have understood and agreed that no
explanation or justification on any aspect of the Bidding Process or selection will be given. After the
evaluation of Technical Bids, the Authority will shortlist and notify the Qualified Bidders. All
communications shall be uploaded in the e-tender portal https://etenders.kerala.gov.inThe
Authority will not entertain any query or clarification from Bidders who fail to qualify
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4. Instructions to Bidders:
Scope of Bid
Kannur International Airport wishes to receive Bids for Qualification /Technical and Financial
Proposals/Bids together in order to short- list experienced and capable bidders and select the
technically and financially most competent bidder for the Airport Project.
The Bidder for qualification to be a single entity, an entity would be construed as:
a) A Company which is registered in India under the provisions of the Companies Act,
1956/2013,or
A Bidder may be a private entity, government-owned entity or any combination of them, with a
formal intent to enter into an agreement.
A bidder shall not have a conflict of interest (the "Conflict of Interest") that affects the Bidding
Process. Any Bidder found to have a Conflict of Interest shall be disqualified. A bidder may be
considered to have a Conflict of Interest that affects the Bidding Process, if:
a) such Bidder (or any constituent thereof) and any other Bidder (or any constituent thereof) have
common controlling shareholders or other ownership interest; provided that this qualification
shall not apply in cases where the direct or indirect shareholding of a bidder or a constituent
thereof in the other Bidder(s) (or any of its constituents) is equal to or less than 26% of its paid
up and subscribed capital; or such Bidder has the same legal representative for purposes of this
Bid as any other Bidder; or
b) such Bidder has a relationship with another Bidder, directly or through common third parties,
that puts them in a position to have access to each other’s' information about the project, or to
influence the Bid of either or each of the other Bidder.
c) A bidder shall be liable for disqualification if any legal, financial or technical adviser of the
Bidder in relation to the project is engaged by another Bidder in any manner for matters related
to or incidental to the Project.
To be eligible for pre-qualification and short-listing, a bidder shall fulfill the following
conditions of eligibility:
The bidder should furnish an undertaking that key personnel required for undertaking the
consultancy work would be provided as per requirements of Kannur International Airport spelt
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out below:
The Bidder’s Consultancy Team shall consist of key personnel having adequate airport
experience capable of discharging their respective responsibilities for implementation,
execution and commissioning of the airport project successfully in a time bound manner such
as:
2) Airport Design Engineer and also separate structural engineer experienced in fly over
structures.
3) Electrical specialist especially in AGL/CAT-1 lighting.
4) Environmental expert
5) QA/QC expert with pavement experience
6) Geo-technical expert
7) Project Manager /Deputy Project Manager with Concrete Pavement and Fly Over experience
8) Quantity Surveyor/Estimator
9) Drainage expert (storm water)
10) Senior mechanical specialist
11) Traffic and transportation cum aviation expert
A list of all such personnel to be employed/engaged, together with details of their qualification and
experience (CVs), proposed to be employed by the consultant should be provided to Kannur
International Airport before signing the agreement and this will form part of the agreement. This list
should clearly indicate the personnel to be engaged at Junior, Middle and Senior levels for various
roles and responsibilities including supervision of the construction of the airport works.
The bidder should satisfy the following criteria in para 4.3.1 to become eligible to quote. The bidder
must also have experience in any two of the following:-
1. Apron Works
2. FlyOver Works
3. CAT I Lighting works
For the works i.e one out of the three above where experience is not met the agency shall associate
a sub agency with adequate experience in that field.
4.3.1. A single project costing each Rs. 300 Crore or more, successfully undertaken and completed having
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consultancy and PMC together in the past seven years in any Airport Project.
OR
Three (3) separate projects costing each Rs 100 Crore or more for each such project, and
aggregating to Rs 350 Crore or more for three works , successfully undertaken and completed
(PMC & consultancy) in the past seven years. At least two works should be airport works
including PMC & Consultancy and one work must be airside works
OR
The consultant should be an empaneled consultant for AAI or other reputable Airport operator
for the work costing Rs. 300 Cr and above and completed with at least one work including
Airside consultancy works for a cost of Rs. 200 Cr and above (Consultancy & PMC in the last 7
years).
Note : Bidder has to submit the documentary evidence in proof of the credentials. To demonstrate technical
competence the bidders will need to furnish details of assignments, number of similar assignments
undertaken and completed in the past, client certificates, contract copies and undertakings, as necessary
for demonstrating successful completion of such assignments,
1. The bidder should have received a minimum income of Rs. 5 crore per annum from professional/
Consultancy fees in each of the three preceding financial year ie. 16-17,17-18,18-19.
2. The bidder should submit certification from a statutory auditor for stating revenue fees in each
year profit and loss account and balance sheet.
3. The bidder should have valid PAN CARD and GST Registration.
4.5. General
4.5.1. Any entity which has been barred by the Central/any State Government in India (or
any entity controlled by them), from participating in any project, and the bar subsists
as on the date of Proposal/Bid, would not be eligible to submit a Proposal/Bid. A bidder
should, in the last three years, have neither failed to perform on any agreement, as
evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial
pronouncement or arbitration award against the Bidder, nor been expelled from any
project or agreement nor have had any agreement terminated for breach by such Bidder.
An Affidavit duly notarized/legalized to this effect should be furnished in Cover -II for
qualification by the bidder.
A bidder who has been disqualified by virtue of provisions similar to those contained in
Clause 4.5.1 and /or Clause 9 of this RFP, in earlier RFPs issued by this Company
leading to cancellation of the Letter of Award/termination of the agreement will not be
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eligible to participate in this tender.
4.5.2. The Technical Proposal shall contain the following documents in Original:
All documents furnished by the Bidder as per the requirement of Technical Bid Evaluation Criteria
shall be signed and stamped by the bidder or authorized signatory of bidder.
5. Technical Proposal/Bid
The Technical Proposal/Bid should be submitted online .All Agencies submitting the bid must
upload the copies of all documents required in the RFP.The Technical Proposal shall not include
any financial offer.
Bidders are required to submit details of approach & methodology proposed to be followed for
carrying out the said assignment, etc. Bidders may be called upon to make a presentation of their
Proposals/Bids, at their own cost, to the Evaluation Committee, if required. The Evaluation
Committee will carry out the technical evaluation with or without the presentation.
Submission of Proposals (Technical and Financial Proposal) through Online Procurement portal is
mandatory. Bidders are advised to submit the Proposals through online portal well in advance to avoid
network problems. Authority will not be responsible for any inability for submission of Proposals before the
Proposal Due Date due to technical problems/network errors.
6.1. Bidders should indicate the number of completed projects, including the name of the client for whom
the assignment has been carried out.
6.2. Bidder’s experience in respect of this criterion should be supported by documentary evidence in the
form of certificate from the client, clearly stipulating the services rendered by the Consultant. In case
original certificate cannot be furnished along with the Bid, the bidders should undertake to make it
available for verification as and when required by Kannur International Airport and in any case before
signing the agreement.
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7. Financial Proposal/Bid
The Financial Proposal” shall mean the binding and final financial offer to be submitted by each Bidder
online in the e- Procurement Portal only in the prescribed format (BOQ.xls)..The project will be
undertaken only through EPC route. As such bidders are required to give Financial Proposal/Bid only
for EPC form of contract and its consultancy and PMC. The Financial Proposals of Qualified Bidders
would be opened. Kannur International Airport would notify the qualified bidders of the date,
time and venue for opening the Financial Proposals. The Financial Proposals would be opened
in the presence of the qualified bidders who choose to be present. Quoted amount shall not
contain more than two decimals. If the fraction contains more than 2 decimals, first two digits
after decimal point only will be considered.
It should be noted that the Financial Proposal/Bid should be on lump sum amount . No escalation
on any account shall be payable on the amounts quoted in the Financial Proposal/Bid. Financial
Proposals/Bids that are conditional will summarily be rejected.
The Proposal/Bid must be valid for a period of 120 days from the due date of submission.
The selected Consultant shall be paid milestone linked professional fees based upon achievement
of respective milestones as per the schedule described in Clause 22.
8. Conflict of Interest
Kannur International Airport requires that the selected Bidder (the Consultant), provide
professional, objective and impartial advice and at all times hold Kannur International Airport
/GOK's interests paramount, avoid conflicts with other assignments or their own corporate
interests, and act without any consideration for future work.
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Without limitation on the generality of the foregoing, and in addition to the conditions stipulated
under relevant Clause, the Consultants, and any of their associates shall be considered to have a
conflict of interest and shall not be selected under any of the circumstances setforth below:
1. If there is a conflict among this and other consulting assignments of the Consultant (including
its personnel and sub-consultants) and any subsidiaries or entities controlled by such
Consultant. The duties of the Consultant depend on the circumstances of each case. While
providing consultancy services to Kannur International Airport for this particular
assignment, the consultant shall not take up any assignment that by its nature will result in
conflict with present assignment.
2. A firm which has been engaged by Kannur International Airport to provide Goods or Works
for Project and any of its affiliates, will be disqualified from providing consulting services for
the same project. Conversely firm hired to provide consulting services for the preparation of
implementation of a project and any of its affiliates will be disqualified from subsequently
providing goods or works or services related to this project.
3. bidder eventually appointed to provide Consultancy for this Project, as well as any of its
affiliates, shall be disqualified from subsequently providing goods or works or services related
to the construction and execution of the same Project (other than a continuation of the firm’s
earlier consulting services)and any breach of this obligation shall be construed as Conflict of
Interest.
The bidders and their officers, employees, agents and advisors shall observe the highest standard of
ethics during the selection process. Kannur International Airport shall reject a bid if it determines that
the Bidder has, directly or indirectly or through an agent, engaged in corrupt, fraudulent, coercive,
undesirable or restrictive practices in the Selection Process.For the purposes of this provision, the
terms set forth are defined as follows:
“Corrupt Practice” means the offering, giving, receiving or soliciting, directly or indirectly, of
anything of value to influence the action of the public official in the selection process;
“Fraudulent Practice” means misrepresentation or omission of facts in order to influence the selection
process;
“Coercive Practice” means harming or threatening to harm, directly or indirectly, persons or their
property to influence their participation in the selection process;
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“Undesirable Practice” means establishing contact with any person connected with or employed with
Kannur International Airport/ GoK with the objective of canvassing, lobbying or in any manner
influencing or attempting to influence the selection process; and
“Restrictive Practice” means forming a cartel or arriving at any understanding or arrangement among
bidders with the objective of restricting or manipulating a full and fair competition in the selection
process.
All documents and other information supplied by Kannur International Airport or submitted by
Bidder/consultant shall remain or become the property of Kannur International Airport.
Bidders/consultants are to treat all information, as strictly confidential. Kannur International Airport
will not return any submissions.
Bidders are advised that the selection of Consultant shall be on the basis of objective assessment done
by Kannur International Airport through evaluation process defined in this RFP. Bidders will be
deemed to have understood and agreed that no explanation or justification of any aspect of the
Selection Process will be given and that Kannur International Airport's decisions are without any
right of appeal whatsoever.
Bidders are advised that Kannur International Airport will not respond to any enquiries or enter in to
communication concerning or relating to Selection Process.
Bidder(s) eventually appointed to provide Consultancy service for this Project, as well as any of their
affiliates, shall be disqualified from subsequently providing goods or works or services related to the
construction and execution of the same project.
Kannur International Airport reserves the right to make inquiries with any of the clients listed by the
Bidders in their previous experience record.
Bidders or any of their affiliates shall not be hired for any assignment, which by its nature, may be in
conflict with other assignments of the Bidder.
Bidders are encouraged to inform themselves fully about the assignment and the local conditions before
submitting the Proposal/Bid by paying a visit to Kannur International Airport and the Project site, or
by sending written queries to Kannur International Airport.
The RFP document may be downloaded/purchased from the e- Procurement Portal https://etenders.kerala.gov.in.
Tender fee Rs. 5,000/- (Rs. Five Thousand only) as cost of the RFP document, which is non-refundable is required
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to be paid as mentioned in clause 3 of E-tendering guidelines before the Last date/Time for Bid Submission i.e.
before 1100 Hrs of 20/11/2019 : A scanned copy of the receipt of the Tender Fee payment made is to be uploaded
along with tender documents at the time of submission. Non-Submission of Tender Fee payment receipt as stated
above shall lead to disqualification.
Each Bidder shall submit only 1 (one) Proposal/Bid, in response to this RFP. Any Bidder, who submits or
participates in more than one Proposal/Bid will be disqualified .
The Bidder shall be responsible for all of the costs associated with the preparation of its Proposal/Bid
and subsequent negotiation, including visits to Kannur International Airport, project site, etc. Kannur
International Airport will not be responsible or in any way liable for such costs, regardless of the
conduct or outcome of the Selection Process.
Notwithstanding anything contained in this RFP, Kannur International Airport reserves the right to
accept or reject any Proposal/BidandtoannultheSelectionProcessandrejectallProposals/Bids, at any
time, without any liability or any obligation for such acceptance, rejection or annulment, and without
assigning any reasons thereof and take any such measure as may be deemed fit in the sole discretion
of Kannur International Airport, including annulment of the Selection Process.
15. Clarifications
15.1. Any queries or request for additional information concerning this RFP shall have to be
submitted through e –tender portal on or before 05 November 2019
15.2. Kannur International Airport would endeavour to respond to the queries not later than 06
November 2019 .The responses will be uploaded in the e-tender portal. Kannur International
Airport will post the reply to all such queries on the Official Website.
15.3. Kannur International Airport reserves the right not to respond to questions raised or provide
clarifications sought, in its sole discretion. Nothing in this clause shall be taken or read as
compelling or requiring Kannur International Airport to respond to any question or to provide
any clarification.
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16. Pre-Bid Meeting
There shall be no pre-bid meeting of the bidders. Bidders shall seek clarification for the RFP
through e-tender portal. The clarification will be issued by way of corrigendum in the e-tender
portal.
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17. Amendment of RFP
17.1. At any time prior to the deadline for submission of Proposal/Bid, Kannur International Airport may,
for any reason, whether at its own initiative or in response to clarifications requested by a bidder,
modify the RFP document by the issuance of Addendum/Amendment.
17.2. All such amendments will be notified by publishing in the website and will be binding on all Bidders.
17.3. In order to afford the Bidders a reasonable time for taking an Addendum into account, or for any
other reason, Kannur International Airport may, at its own discretion, extend the Proposal/Bid Due
Date.
18. Language
The Proposal/Bid with all accompanying documents and related correspondence shall be in English
language and strictly on the forms provided in this RFP. No supporting document or printed
literature shall be submitted with the Proposal/Bid unless specifically asked for and in case any of
these documents is in another language, it must be accompanied by an accurate translation of the
relevant passages in English, in which case, for all purposes of interpretation of the Proposal/Bid,
the translation in English shall prevail.
19.1. The Bidder shall provide all the information sought under this RFP in the formats specified. Kannur
International Airport would evaluate only those Proposals/Bids that are received in the specified
forms and complete in all respects. Incomplete and /or conditional Proposals shall be liable to
rejection.
19.2. All proposals should be submitted online only through the e Procurement Portal
(https://etenders.kerala.gov.in). Hard copies will not be entertained under any circumstances.
(i) By the partner holding the Power of Attorney, in case of a partnership firm; or
(ii) By a duly authorized person holding the Power of Attorney, incase of a Limited Company
or a corporation.
(iii) By the proprietor, in case of a proprietary firm.
A copy of the Power of Attorney certified under the hands of a partner or director of the
Bidder or a notary public on the specified form shall accompany the Proposal/Bid.
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19.3. Bidders should note the Proposal/Bid Due Date, as specified in Clause 4.7, for submission of
Proposals/Bids. Bidders are reminded that no supplementary material will be entertained by Kannur
International Airport, and that evaluation will be carried out only on the basis of Documents received
by the closing time of Proposal/Bid Due Date as specified in Clause 2.4. Bidders will normally not be
asked to provide additional material information or documents subsequent to the date of submission,
and unsolicited material if submitted will be summarily rejected.
The Proposal/Bid shall be valid for a period of not less than 120 days from the Proposal/Bid Due Date.
21.1. The consultancy assignment shall be awarded to the technically qualified bidder quoting the
lowest financial offer.
21.2. Kannur International Airport, however, reserves the right to reject any or all the bids received,
without assigning any reasons and any liability to Kannur International Airport
22.1 The list of important milestones and their expected time of occurrence is as follows:
6 Testing, trial runs &commissioning including final Till commissioning of EPC work
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clearances(including DGCA/ AAI clearance)
If the Consultant fails to achieve milestones within the period of completion as specified in Clause
22 or within extended time allowed by the Kannur International Airport, if any, the Consultant shall
pay to the Kannur International Airport an amount equal to 1% of the Contract amount of that part
of work for every week of delay or part thereof in the case of each item of work subject to maximum
of 10% of the total contract value of that part of work as liquidated damages for the period during
which the work remains unfinished. The Kannur International Airport may deduct such amounts
from any money due or that may become due to the consultant.
If in the opinion of Kannur International Airport, after award of the work, the progress of the work has at any
time been delayed by unavoidable causes beyond the control of the Consultant then the time of completionof
the work may be extended for such reasonable time as Kannur International Airport may decide and this
will be indicated in writing.
If the Consultant has abandoned the contract or has failed to proceed with the work due to
negligence or the progress of work is slow or has failed to perform the obligations in accordance
with the terms and conditions of the contract, or is persistently or frequently neglecting to carry
out his obligations under the contract, then it shall be lawful for Kannur International Airport to
terminate the contract after giving a written notice of 30 days and to proceed with the balance
work through any other Consultant. Extra cost and expense incurred for completing the balance
work through any other consultant or agencies including its own department shall be debited to
Consultant’s account and shall be recovered from any money due or that may become due to the
Consultant without prejudice to any other remedy in law that may be available to Kannur
International Airport. If there is any saving in cost due to rearrangement or supplementing through
other agencies the Consultant will not have any claim on this.
Kannur International Airport may terminate its obligations under the contract (after signing the
agreement) in the event of any fundamental breach by the Consultant of his obligations here under,
which breach has not been remedied within 14 days of written notice from Kannur International
Airport requiring the breach to be remedied or by giving the Consultant 30days written notice of
its intention to do so.
The Consultant may terminate his obligations under the contract in the event of any fundamental
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breach by Kannur International Airport of its obligations hereunder, which breach has not been
remedied within 14 days of written notice from the Consultant requiring the breach to be remedied; or
Force Majeure which prevents the Services from being completed pursuant to Clause24.
Termination as mentioned hereinabove shall be effected only after giving to the other party 30 days of
notice in writing.
Termination shall be without prejudice to any claim which either party may have against the other in
respect of any breach of the terms of the contract which occurred prior to the date of the termination.
In the event that the Services are terminated the Consultant shall be entitled to payment o f such part
of the Services rendered upto the date of termination.
26.1. The Consultant shall not be liable for any failure to perform the Services caused by any Force
Majeure events. For the purpose of this Clause, Force Majeure means the outbreak of war
hostilities (whether war be declared or not), invasion, acts of foreign enemies, rebellion,
revolution, military or usurped power, the overthrow whether by external or internal means of
the Government, civil war, riot, disturbances, civil commotion or any similar cause beyond the
control of the Consultant which prevents or adversely affects the performance of the Services.
26.2. Should the performance by the Consultant of the Services be prevented or adversely affected by
the Force Majeure, the Consultant shall as far as reasonably practicable, give notice in writing
thereof to Kannur International Airport and ask for suitable extension of time for completing
the assignment.In the event the force majeure conditions continues for more than 60 days the
Authority has the right to terminate the contract.
27.1. Following milestone linked Professional Fees as stated hereunder, shall be paid to the
Consultant upon reaching the specified milestone:
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2 Tender Evaluation and appointment of contractor and preparation of 5%
agreement for EPC
3 All statutory clearances except DGCA clearance. 5%
Total 100 %
27.2. The retention money shall be released after 12 (twelve) months from the date of commissioning of the
work. The retention money will be in the form of SD which will be deducted @ 2.5% of every running
bill.
GST shall be payable by Kannur International Airport at rates as per applicable laws in force
from time to time in addition to the quoted offer. All other taxes shall be borne by the bidder.
29. Exclusions
The professional Fee quoted shall be inclusive of all out of pocket expenses on travel, conveyance,
communication, stationery and all such office/administrative expenses, applicable taxes etc.
However, for the execution purpose two vehicles shall be allotted by Kannur International Airport
on non-exclusion basis.
30. Additional Work
The Owner may from time to time, instruct the Consultant to provide additional services not
forming part of the Services or to alter, amend, omit, add or re-sequence or otherwise vary services
and the Consultant shall carry out and complete such variation so instructed. If the Consultant is
required to render any other services not envisaged in the scope of services the Consultant will be
compensated for such additional work on mutually agreed terms. Change of methodology of working
and/or minor changes to meet functional, and operational requirements shall not be construed as
additional work and the Consultant shall not be entitled to any additional fee for such changes.
31.1. The Consultant shall exercise all reasonable skill, care and diligence in the performance of all or any
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of the Services and, in so far as its duties are discretionary, shall act fairly between the Owner and
any third party.
31.2. The Consultant shall, in respect of any work done or information supplied by or on behalf of the
Owner report to the Owner any errors, omissions and shortcomings of whatsoever nature of which
the Consultant becomes aware in the performance of the Services.
31.3. The Consultant shall comply with all lawful and reasonable directions and instructions which may
be issued to the Consultant by the Owner or the Owner's Representative in respect of any matter
connected with the Services from time to time.
31.4. The Consultant shall, through the Owner's Representative, keep the Owner informed on all matters
related to the Project within the knowledge of the Consultant and shall answer all reasonable
enquiries relating to services agreed under this agreement received from the Owner and render
reports at reasonable intervals when asked to do so, and shall assist the Owner to form an opinion as
to the manner in which he is proceeding with the Services.
31.5. The Consultant shall co-ordinate the performance of the Services with any other consultant
separately appointed by the Owner in respect of the Project. Without prejudice to the foregoing, the
Consultant shall obtain all necessary drawings, documentation and information relating to the
Services to enable the Consultant to perform his obligations under this Agreement.
31.6. The Consultant shall comply with all labour law regulations, all legislations and rules of the State
and Central Government governing the wages, welfare, tax, statutory liability, Provident Fund, work
men compensation , fatal accident liability and all other liability or obligations connected with the
services undertaken by the Consultant and employment of personnel.
The Consultant shall employ key personnel having adequate qualifications and airport experience
capable of discharging their respective responsibilities for implementation, execution and
commissioning of the project in a time bound manner as specified in Para 4.2.
The Consultant shall meet the salary, travel, accommodation, PF, Gratuity and any other statutory
liability of the personnel/agency employed by the Consultant.
(i) The Consultant hereby represents and warrants to the Owner that:
(a) the Services will be performed in a timely, professional and competent manner, with all due skill
and care, and in accordance with applicable professional standards and will conform with the
requirements set out in Schedule mentioned at clause22.
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(b) it has the authority and capacity to enter into this Agreement and it is not subject to any
restrictive covenant or other legal obligation which prohibits the Consultant from performing the
Services;
(c) none of the Services infringe the intellectual property rights of any other person and the Owner
shall have the right to use the Services without any restriction or obligation to any other person;
(d) Neither the Consultant, the Consultant's Representative nor any other employee or agent of the
Consultant has any relationship with any third party with whom the Owner has contracted
which would cause such person to have a conflict of interest in relation to this Agreement or in
respect of the Services. Should any such conflict of interest arise during the Duration of this
Agreement, the Consultant covenants and agrees to immediately notify the Owner.
34. The Owner's Obligations
34.1. The Owner shall keep the Consultant informed on such matters as may appear to him to affect the
performance of the Services and shall give such assistance, approvals, and decisions in writing as shall
reasonably be required for the performance of the Services or any part thereof in such time as will not
delay the performance and completion of the Services.
34.2. Subject to the Confidentiality obligations in Clause 48, all information relevant to the Services which
is readily available shall be supplied free of charge to the Consultant subject to the provisions in this
Agreement. Any documents supplied free of charge to the Consultant shall be returned to the Owner
as required by Owner after the purpose for which it had been given and completed.
35. Payment
35.1. The Consultant may submit to the Owner or to the Owner's Representative the invoice/statement of
account for payment of the Fee in accordance with the Schedule of Payment along with schedule of
work completed in a tabular form with the mile stones achieved and if there is any delay in achieving
the milestones the reasons for such delay along with the application for payment of any other
amounts claimed to be payable to the Consultant and pursuant to Clause 24 & 30 under this
Agreement.
35.2. The Owner or the Owner's Representative shall check the invoices with the details of work
completed and the eligibility for such payment in accordance with the terms of agreement and certify
the amount to be paid to the Consultant and on certification the payment will be made to the
Consultant after taking into account any deduction or credit to be made from such invoices in
accordance with this Agreement.
Payments shall be adjusted for deductions for advance payments, retention and
other recoveries in terms of the Agreement and taxes at source as applicable under
the law.
35.3. The Owner shall pay to the Consultant the amount certified by the Owner's representative within 15
days of such certificate.
35.5. Retention towards security deposit @ 2.5% shall be collected by deduction from each Running Bill
of the Consultant @ 2.5 % of the Gross Amount of the bill or final claims till expiry of defect liability
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period.
The Consultant shall furnish performance guarantee by way of Bank Guarantee in favour of the
Owner payable at Mattannur for a sum equal to 5% of the agreement value. Performance guarantee
shall remain valid until the issue of No Defects Liability Certificate by the Owner and will be released
upon satisfactory completion of the Consultant's obligations under the Agreement. If the Consultant
abandons the work or fails to achieve the milestone or there is persistent default or delay on the part
of the Consultant and the work is carried out through other agencies, the bank guarantee will be
invoked and the performance guarantee will be forfeited.
37. Indemnity
37.1. The Consultant shall indemnify the Owner against all legally enforceable claims, damages, losses or
expenses arising out of or resulting from any negligence by the Consultant, his servants and agents
in performing the Services provided always that the liability of the Consultant to indemnify the
Owner as aforesaid shall be reduced proportionately to the extent that any wrongful act or neglect
of the Owner, his servants and agents has contributed to such claims, damages, losses or expenses.
37.2. In the event of any errors or omissions for which the Consultant is responsible and as a result of
which re-execution of the Services is required, the Consultant shall, without relieving any liability
and obligation under this Agreement, at his own cost re-execute such Services to the reasonable
satisfaction of the Owner.
Notwithstanding any provision in this Agreement to the contrary, the maximum total cumulative
liability of the Consultant to the Owner under this Agreement for all claims, losses, damages and
expenses in any way arising from or related to the performance of this Agreement shall be the costs
of re-performing the part of the Services causing of such claims, losses, damages and expenses, or a
sum equal to the amount of his fees received under this Agreement, whichever is lesser.
39. Insurance
39.1. Without limiting his obligations and responsibilities nor his liability to indemnify the Owner under
Clause 37, the Consultant shall, as from the date of commencement of this Agreement, and thereafter,
maintain a professional indemnity insurance policy with a minimum cover of an amount equal to
value of award to meet any claims that may be made by the Owner in respect of any negligence in or
about the conduct of and performance by the Consultant, his servants and agents of all and singular
services. The Consultant shall use his best endeavours to maintain the said cover for a period of six
years from completion of the Services under the Agreement provided the same continues to be
available in the market in commercially reasonable terms. Either in the same policy or additionally,
the Consultant shall maintain sufficient insurance, for the like period, as would properly protect the
Consultant against any claims by third parties in respect of the performance of the Services by the
Consultant.
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39.2. In the event that the insurance cover required by Clause 39.1 ceases to be available in commercially
reasonable terms, the Consultant shall maintain professional indemnity insurance at the maximum
level of cover which is available in commercially reasonable terms, provided that the Consultant has
obtained the prior agreement in writing of the Owner to such reduced level of insurance cover.
39.3. 1f the Consultant shall fail upon request to produce to the Owner documentary evidence that there
is in force professional indemnity insurance required by Clause 39.1or as may have been agreed in
accordance with Clause 39.2, the Owner may effect and keep in force any such insurance and pay
such premium as may be necessary for that purpose. The Owner shall be entitled to deduct such
premium, together with expenses incurred, from any sums due to the Consultant under this
Agreement and/or to recover such amount as a debt from the Consultant.
39.4. The consultant shall take adequate insurance on their men and materials at site against loss life,
injury and theft, fire, burglary and other natural calamities at the cost of the consultant and the
insurance policies should be kept renewed from time to time during the period of this agreement. A
copy of the policy should be furnished to the Owner.
39.5. Notwithstanding anything contained in Clause 39 if the consultant's projects are covered under the
Global Insurance Scheme, the consultant shall furnish a confirmation from their Insurance Company
to the Owner specifying that the Owner's airport project is covered by professional indemnity
insurance as required under Clause 39.
40. Intellectual Property Rights
40.1. "Intellectual Property Rights" means all intellectual and industrial property rights of the Owner
which include all intellectual and industrial rights to inventions and patents for inventions,
copyright, designs and industrial designs, trademarks, knowhow, trade secrets and confidential
information, and other proprietary rights. The Consultant agrees that the Owner shall be the
exclusive owner of all Intellectual Property Rights howsoever created or developed by the
Consultant, whether by it alone or jointly or with the contribution or assistance of others arising out
of its engagement with the Owner, including without limitation all Intellectual Property Rights in
the deliverables specified in Schedule-I. The Consultant further agrees that it has no rights in any
such Intellectual Property Rights and hereby assigns to Owner all rights, title and interest that may
accrue to the Consultant as a result of its engagement with the Owner. The Consultant hereby
undertakes and agrees to waive all its rights that the Consultant now or in the future may have to
the Intellectual Property Rights. The Consultant agrees that all deliverables and other works created
in full or in part by the Consultant may be maintained, changed, modified and/or adapted by the
Owner without the consent of the Consultant. Notwithstanding the foregoing, the Consultant and
the Owner may agree in writing that certain identified and designated Intellectual Property Rights
will remain with the Consultant.
40.2. Owner acknowledges that Consultant possess knowledge and expertise relating to the subject
matter of the Services ("Consultant Know-How"), which may include intellectual property rights in
certain pre-existing tools and materials used by Consultant in performing the Services. Nothing in
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this Agreement is intended to transfer to the Owner any rights in the Consultant Know-How, which
shall remain the property of the Consultant. To the extent that any Consultant Know-How is
included in any deliverables, Consultant hereby grants to the Owner a perpetual non-exclusive right
and licence to use and reproduce the Consultant Know-How to the extent reasonably necessary to
exercise the Owner's rights in the deliverables.
Commencement Date:
Duration of Contract:
Duration of Contract is the period till DLP from the date of commissioning of the project.
Completion Date
The completion date of the contract shall be the date immediately before which all work has
been carried out to the satisfaction of Kannur International Airport, and tender terms of EPC
contract including DLP all the milestones have been met and all claims that may be outstanding
between Kannur International Airport and Consultant have been resolved.
42. Alterations:
Should circumstances arise which call for the modification of the contract, it will be done by
mutual Consent of the concerned parties in writing, In this respect, Proposal/Bids for alterations
from one party shall be given due consideration by the other party.
43. Assignment
The Consultant shall not, without the written consent of Kannur International Airport assign
the benefits or any other aspects, obligations or duties due under the contract to any third party
thereof. Accordingly ,Kannur International Airport shall not, without the written consent of
the Consultant in any way assign or transfer its obligations under the contract to any third
party thereof except in case of default on the part of the Consultant when Kannur International
Airport will be entitled to engage a third party to complete the Project at the cost of the
Consultant.
The contract shall be governed by the Indian Laws being in force from time to time.
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45. Settlement of Disputes
For any dispute arising out of this Agreement, only the Courts in Kannur shall have jurisdiction to
entertain such a dispute.
The Headings of the Clauses herein have been inserted only to facilitate reference and shall not be
taken as being of any significance whatsoever in the construction and interpretation of the Clauses.
The ruling language in this contract shall be English. All correspondence, reports and documents shall
also be provided in English.
48. Confidentiality
The deliverables, reports and other works of the Consultant for this assignment including all studies
and other materials, contributions shall be the property of Kannur International Airport and the
consultant shall handover all data and documents. The Consultant will not have any right on such
materials including data. The Consultant shall keep all data, reports, records , work and services
carried out for this assignment entirely confidential and not use, publish or make known any of it,
without the written approval of the Managing Director, Kannur International Airport Limited.
However, the foregoing obligations of confidentiality and secrecy and non-use shall not apply to any
information that was in the Consultant’s possession prior to commencement of work or which is or
shall become available to the public in the form of printed information from other sources.
Following 3 Covers shall be submitted through online at e-tender portal by the bidder.
Cover -II Documents listed under 4.5.2 & Technical Compliance statement
Technical Proposal/Bid and Certificate of Authority to sign Proposals/Bids
Cover-III
Price bid duly filled in bill of quantities (BOQ).
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50. Submission of Proposal/Bid
The Bidder shall provide all the information sought under this RFP. Kannur International Airport
will evaluate only those Proposals that are received in the required formats and complete in all
respects. Incomplete and /or conditional Proposals shall be liable to rejection. Each page of Technical
Proposal is to be serially numbered, signed and stamped by the Authorized Signatory of the Bidder.
Bidder who shall also initial each page in blue ink and stamp all pages. All the alterations,
omissions, additions or any other amendments made to the Proposal shall be initialed by the
person(s) signing the Proposal.Financial Proposal shall contain the Financial proposal in the
format given in the E-tender portal.
A Bidder is required to pay, along with its Proposal, Earnest Money Deposit of INR 6,00,000/-
(Rupees Six Lakh only ) through e procurement portal. .No other mode of EMD payment shall
be accepted. No interest shall be paid on any account against EMD.EMD of unsuccessful Bidders
will be returned by the Authority, without any interest, as promptly as possible on acceptance of
the Bid of the selected Bidder or when the Bidding Process is cancelled by the Authority.The
Selected Bidder’s EMD will be returned, without any interest, upon the Bidder signing the
Agreement inaccordance with the provisions thereof.
a. If the bidder withdraws his/her bid during the validity period of bid or extended period
as specified in this document.
b. If successful bidder fails to sign the agreement or furnish Performance Security as will be
required at the time of signing the agreement.
Proposals (Technical Proposals and Financial Proposals) should be submitted before 1400 hours
IST on the Proposal Due Date mentioned at Clause 4 (Critical Dates and Time).Authority may, in
its sole discretion, extend the bid submission date ate uniformly for all Bidders by issuing an
Addendum/Corrigendum .The e- Procurement Portal shall not accept proposals, after the specified
time on the Proposal Due Date and shall be summarily rejected
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Appendix –I
FORM 1
COVERING LETTER
To,
Managing Director
Kannur International Airport Limited
Mattannur,Kannur
Pin 670702
Sub: Request for Proposal /Bid for Selection of a Project Consultant including PMC for Expansion of
Apron, Cat 1 Approach lighting system, Reciprocal ILS and Auxiliary works at Kannur International
Airport
Sir,
1. With reference to your website advertisement and having examined the RFP documentand
understand their contents. I hereby submit this proposal for the said tender. Myproposal is
unconditional and unqualified.
2. I acknowledge that the Authority will be relying on the information provided in the RFP document
for selection and I certify that all information provided therein is true and correct: nothing has been
omitted which renders such information misleading: and all documents accompanying this
proposal are true copies of their respective originals.
3. I shall make available to the Authority any additional information it may find necessary or require
to supplement or authenticate the proposal.
4. I acknowledge the right of the Authority to reject the proposal without assigning any reason or
otherwise and hereby waive, to the fullest extent permitted by applicable law, our right to challenge
the same on any account whatsoever.
5. I certify that I fulfill the qualification and experience as sought by the Authority.
6. I also certify that the proposal is valid for a period of 120 days from the date of opening of the
Financial Proposal.
Yours faithfully,
Date: (Signature and name of the Applicant)
Address
Mobile No:
38 | P a g e
E-mail ID:
Appendix –I
(To be Submitted in Cover 2)
FORM –2
Particulars of the Applicant
Name of the Sole Proprietorship Firm or Partnership Firm or LLP or Company Country
of incorporation:
Registered address:
Year of Incorporation:
Brief description of the Company including details of its main lines of business:-
Name, designation, address and phone number of Authorized Signatory of the Applicant:
Name:
Designation:
Company:
Address:
Phone No.:
Fax No.:
E-mail address:
i. Has the Applicant been penalized by any organization for poor quality of work
or breach ofcontract in the last five years?Yes/No
ii. Has the Applicant ever failed to complete any work awarded to it by any public
authority/entity in last five years?Yes/No
39 | P a g e
iii. Has the Applicant or any of its Associates been blacklisted by any
Governmentdepartment/Public Sector Undertaking in the last five years?Yes/No
iv. Has the Applicant or any of its Associates suffered bankruptcy/insolvency in the
last fiveyears?Yes/No
Note: If the answer to any of the questions at (i) to (iv) is yes, the Applicant is
not eligible forthis consultancy assignment
40 | P a g e
Appendix –I
(To be Submitted in Cover 2)
FORM –No.3
Proof of Technical Capacity
1. Apron Works
2. FlyOver Works
3. CAT I Lighting works
41 | P a g e
including Airside consultancy works for a cost
of Rs. 200 Cr and above (Consultancy & PMC
in the last 7 years).
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Appendix –I
FORM No.4
Power of Attorney
Know all men by these presents, we, ………………………………..(name of firm and address of the registered office)
do hereby constitute, nominate, appoint and authorize
Mr/Ms…………………………………………….son/daughter/wife and presently residing at ,………………………………………….,
who is presently employed with us and holding the position of …………………….. as our true and lawful
attorney (hereinafter referred to as the “Authorized Representative”) to do in our name and our behalf,
all such acts, deeds and things as are necessary or required in connection with or incidental to the
submission of our Proposal for selection as the Project Consultant for Expansion of Apron, Cat 1
Approach lighting system, Reciprocal ILS and Auxiliary works at Kannur International Airport
including but not limited to signing and submission of all Proposals, Bids and other documents and
writings, participate in Pre-Proposals and other conferences and providing information/ responses to
Kannur International Airport , representing us in all matters before Kannur International Airport ,
signing and execution of all contracts including the Consultancy Agreement and undertakings
consequent to acceptance of our Financial Proposal, and generally dealing with Kannur International
Airport in all matters in connection with or relating to or arising out of our Financial Proposal for the
said Concession and/ or upon award thereof to us and/or till the entering into the Agreement with
Kannur International Airport.
AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or caused to be
done by our said Authorized Representatives pursuant to and in exercise of the powers conferred by the
instant deed of Power of Attorney and that all acts, deeds and things done by our said Authorized
Representative in exercise of the powers herby conferred shall always be deemed to have been done by
us.
Notes:
The mode of execution of the Power of Attorney should be in accordance with the procedure, if any,
laid down by the applicable law and the charter documents of the executant(s) and when it is so
43 | P a g e
required, the same should be under common seal affixed in accordance with the required procedure.
Also, wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a resolution/power of attorney in favour of the person executing
this Power of Attorney for the delegation of power hereunder on behalf of theBidder.
For a Power of Attorney executed and issued overseas, the document will also have to be legalized
by the Indian Embassy and Notarized in the jurisdiction where the Power of Attorney is being issued
44 | P a g e
Appendix –I
(To be Submitted in Cover 2)
FORM No.5
Proof of Financial Capacity
1. NameofBidder
2018-19
Name &Designation
45 | P a g e
FORM No.6
(To be Submitted in Cover 2)
Signature
Date:
46 | P a g e
(To be Submitted in Cover 3)
Appendix II
PRICE BID
Name of Work: Request for Proposal /Bid for Selection of a Project Consultant including PMC
for Expansion of Apron, Cat 1 Approach lighting system, Reciprocal ILS and Auxiliary works
at Kannur International Airport
(Note : The bidder shall quote LUMPSUM AMOUNT only )
Contract No:
Name of the
Bidder/
Bidding Firm /
Company :
PRICE SCHEDULE
(This BOQ template must not be modified/replaced by the bidder and the same should be uploaded after filling the relevent columns, else the bidder is liable to be rejected
for this tender. Bidders are allowed to enter the Bidder Name and Values only )
NUMBER # TEXT # NUMBER # NUMBER # NUMBER # TEXT #
Sl. Item Description Quantity Amount to be In Figures TOTAL
No. quoted excluding In Words
GST
1 2 4 13 53 55
1.0 0.00 INR Zero Only
Consultancy including PMC for Expansion of
Apron, Cat 1 Approach lighting system, Reciprocal
1.000
ILS and Auxiliary works at Kannur International
Airport as per the Scope of Services
Total in Figures 0.00 INR Zero Only
Note: The Fees quoted shall not include GST. GST shall be paid extra on receipt of GST invoice; However the fee quoted
shall include all other applicable Taxes.
The Consultants shall carefully fill the bid offer both in figures and words in terms of lumpsum offer
Over writing shall not be permitted. Errors if any in the bid offer shall be corrected by striking out
and rewriting clearly and initiated.
If any difference is found in the bid given by the consultants in words and figures the lower of the two
shall only be considered.
47 | P a g e
The bidder is not allowed to make any alterations to the terms & conditions. For any such alteration
the offer of the consultants is liable for rejection.
Kannur Airport reserves the right to reject any bid or all the bids without assigning any reason
therefore.
48 | P a g e
Annexure I
(This compliance statement duly filled , along with scanned copies of the documents to be
submitted in Cover-1)
Authorized Signature:
Name of the Signatory:
Name & Address of the Bidder:
Official Seal &Date :
49 | P a g e
Annexure II
Technical Compliance Statement (This compliance statement duly filled, along with scanned copies of
the documents to be submitted in Cover-2)
50 | P a g e
12. PAN & GST Registration Certificate
Authorized Signature:
51 | P a g e
TENTATIVE SKETCH FOR THE SCOPE OF WORK
B
B
0.5
23.2
1.5
4.08
B
B W
0.5 0.5
G
G W
W
3 3 3 3 3 3 3 3
A4
3
RR W
4.08 4.08
G
G W
W
750
G A4 W W
RR G W
W W
3
G
G A4 W
W
RR W W W
W
0.5 0.5
G
G W A4
A4 W W
W W
12.25
G
G W A4
A4 W W A4 W
W
G W
G W
0
W
22.5
G
37.5
G W W W W W W W W W W W
30
W W W W
45
W W W W W W W W W W W W W W W
A4 W W W W W W W W W W
0.5 0.5
W W W W W W W W W W
3379.719 G
G
0 0 W 0 P9T-A 0 0 0
P9T-A P9T-A
PTB03 00
P9T-A P9T-A
A4 0 00 P9T-A A4
0 P9T-A A4
0 P9T-A W A6
0
W W A6
0 P9T-A W A4 W W A6
0 P9T-A W W A6
0
W P9T-A A4
0
W
3
2980.000
3000.000
3020.000
3038.500
3040.000
3050.000
3060.000
3080.000
3100.000
3110.000
3120.000
3140.000
3160.000
3180.000
3200.000
3220.000
3240.000
3260.000
3280.000
3300.000
3320.000
3340.000
12.25
3350.000
3360.000
3380.000
3400.000
3420.000
3440.000
3450.000
G
G W
W PTB05 PTB04 PTB02 W
3 3 3 3 3 3
slope
PTB01
slope
slope
A4 W A4 W
G
G A4 W
W W
3
W W
G
G W A4 W W
0.5 0.5
4.084.08
G
G W W
slope
W W
3
RR G W W
G A4 W
W W
3360.000 RR
G
G A4 W
slope
W
3
G
slope
G W
RR A4 W
Y R
4.08
0.3 W
0.5
0.6
3340.000
0
420 600
3332.219
900
Limit of work as
per PTT scope
variation
926 m
66m
141m
6.00
LEGEND
Apron Expansion
Taxiway
Substation
25 CAT 1 Flyover
Filling Area
52