invitation for submission of bids for provision of student …
TRANSCRIPT
1
INVITATION FOR SUBMISSION OF BIDS FOR PROVISION OF STUDENT TRANSPORT SERVICE FOR SRILANKAN AVIATION COLLEGE –
KATUNAYAKE
REFERENCE NO: 201832589
SRILANKAN AIRLINES COMMERCIAL PROCUREMENT DEPARTMENT (GENERAL PROCUREMENT) AIRLINE CENTRE BANDARANAYAKE INTERNATIONAL AIRPORT KATUNAYAKE SRI LANKA
2
Section I. Instructions to Bidders (ITB)
A: General
1. Scope of Bid 1.1 The Purchaser named in the Data Sheet invites you to submit a bid for
the supply of Goods as specified in Section III - Schedule of
Requirements for use at SriLankan Airlines Ltd.
Upon receipt of this invitation you are requested to acknowledge the
receipt of this invitation and your intention to submit a bid.
B: Contents of Documents
2. Contents of
Documents
2.1 The documents consist of the Sections indicated below.
• Section I. Instructions to Bidders
• Section II. Data Sheet
• Section III. Schedule of Requirements
Sections IV. Bid Submission Form
Section V. General Conditions
Annexure A : Technical/General Specifications, Scope of service &
Compliance form
Annexure B : Price Schedule Form
Annexure C : Bid Security Form
Annexure D : Performance Security Form / Bank Guarantee Form
Annexure E : Clientele Information Form
Annexure F : Vendor Information Form
Annexure G : Sample Contract Agreement
• Annexure H : Letter of Undertaking
3
C: Preparation of Bids
3. Documents
Comprising
your Bid
3.1 The document shall comprise the following:
Sections IV - Bid Submission Form
Annexure A : Duly filled Compliance form
Annexure B : Price Schedule Form
Annexure C : Bid Security Form
Annexure E : Clientele Information Form
• Annexure F : Vendor Information Form
4. Bid
Submission
Form and
Technical/Ge
neral
Specifications
& Compliance
form
4.1 The Bidder shall submit the Bid Submission Form using the form furnished
in Section IV. This form must be completed without any alterations to
its format, and no substitutes shall be accepted.
All blank spaces shall be filled in with the information requested.
5. Prices
5.1 Unless stated in Data Sheet, all items must be priced separately in the Price
Schedule Form.
5.2 The price to be quoted in the bid Submission Form shall be the total
price of the bid.
5.3 Prices quoted by the Bidder shall be fixed during the period specified
in ITS clause 8.1 and not subject to variation on any account. A bid
submitted with an adjustable price shall be treated as non-responsive
and may be rejected.
6. Currency 6.1 The Bidders shall quote in Sri Lankan Rupees.
7. Documents to
Establish the
Conformity of
the Goods
7.1 The Bidder shall submit required documentary proof to demonstrate that
it has been duly authorized to supply the service in Sri Lanka.
4
8. Period of
Validity of bid
8.1 Bids shall remain valid for a period of one hundred twenty (120) days after
the bid submission deadline date.
9. Bid Security 9.1 The Bidder shall furnish as part of its bid, a Bid Security, using for that
the Bid Security Form included in Annexure C.
9.2 The bid security shall be in the amount specified in the BDS and shall be
an unconditional, irrevocable, on demand bank guarantee drawn at sight
in favor of the purchaser valid for a period of 4 months after the bid
submission deadline date.
10. Format and
Signing of Bid
10.1 The bid shall be typed or written in indelible ink and shall be signed by a
person duly authorized to sign on behalf of the Bidder. Please ensure all
documents are duly signed and stamped in the given area when forwarding.
D: Submission and Opening of Bid
11. Submission of
Bid
11.1 Bidders shall submit their bids by registered post, currier or by hand
in a sealed envelope.
11.2 The sealed envelope shall bear the specific identification of this bid
exercise as indicated follows:
“ Invitation For Submission of Bids For Provision of student transport
service for SriLankan Aviation College – Katunayake / Contract
Reference: 201832589”
12. Deadline for
Submission of
Bid
12.1 Bid must be received by the Purchaser to the address set out in Section
II, “Data Sheet”, and no later than the date and time as specified in the
Data Sheet.
13. Late Bid 13.1 The Purchaser shall reject any bid that arrives after the deadline for
submission of bids in accordance with ITS Clause 12.1 above.
14. Opening of
Bids
14.1 The Purchaser shall conduct the opening of bids in the presence of the
Bidders at the address, date and time specified in the Data Sheet.
14.2 A representative of the bidders may be present and mark its attendance.
14.3 Presence of the Bidder, will not necessarily ensure the selection of the
proposed goods.
E: Evaluation and Comparison of Bid
15.Clarifications 15.1 To assist in the examination, evaluation and comparison of the bids, the
Purchaser may, at its discretion, ask any Bidder for a clarification of its
bid. Any clarification submitted by a Bidder in respect to its bid which
is not in response to a request by the Purchaser shall not be considered.
15.2 The Purchaser’s request for clarification and the response shall be in
writing at SriLankan Airlines’ address specified in the BDS.
5
16.Responsiveness
Of Bids
16.1 The Purchaser will determine the responsiveness of the bid to the
documents based on the contents of the bids received.
16.2 If a bid is evaluated as not substantially responsive to the documents
issued, it may be rejected by the Purchaser.
17. Evaluation of
bid
17.1 The items will be subjected to a Technical Committee for evaluation
based on the following criteria:
I. Stage 01 – Compliance for Mandatory Pre-requisites stated at
Annexure A (Any bidder non-complying to stated Mandatory criteria
will not be considered for further evaluation.
II. Stage 2 – Compliance for technical specifications of vehicle stated
at Annexure A (Any bidder non-agreeing to provide vehicle/s
complying to given technical specifications will not be considered
for price evaluation).
III. Stage 3 - Price evaluation (Based on the total estimated cost of the
contract), Details provided in Annex A.
IV. Stage 4 – Physical Inspection (will be done subsequent to the price
evaluation where shortlisted bidders will be informed to present
offered vehicles for physical inspection complying with given
specifications).
V. Credit terms better than specified in section II from Bidders are
preferred.
18. Purchaser’s
Right to Accept
any Bid, and to
Reject any or all
Bids.
18.1 The Purchaser reserves the right to accept or reject any bid, and to
annul the process and reject all bids at any time prior to acceptance,
without thereby incurring any liability to bidders
F: Award of Contract
19. Acceptance of
the Bid
19.1 The Purchaser will accept the bid of the Bidder whose offer is not
necessarily the lowest evaluated bid and is substantially responsive to
the documents issued.
19.2 The Contract may be awarded to single or multiple bidders based on the
type of vehicle required/route.
6
20. Notification of
acceptance
20.1 The Purchaser will notify the successful Bidder, in writing, that its bid
has been accepted.
20.2 Within seven (7) days after notification, the purchaser shall complete the
contract, and inform the successful Bidder to sign it.
20.3 Within seven (7) days of receipt of such information, the successful Bidder
shall sign the contract.
20.4 In case, if Bidder made offer under ‘purchase and supply basis’ within 7
days from the Notice of award, Bidder shall complete and submit “Letter
of undertaking” as per the format at Annexure H.
21. Performance
Security
21.1 At the execution of the contract the Purchaser the successful Bidder shall
furnish the performance security of 10% of the total value of the
contract, using for that the Performance Security Form included in
Annexure D.
21.2 The performance security shall be an unconditional, irrevocable, on
demand bank guarantee drawn at sight in favor of the purchaser valid
beyond 90 days from the expiry of the contract.
21.3 Failure of the successful Bidder to submit the above mentioned
performance security or sign the contract shall constitute sufficient
grounds for the annulment of the award and forfeiture of the Bid
Security. In the event the purchaser may award the contract to the next
lowest evaluated bidder, whose offers is substantially responsive and is
determined by the purchaser to be qualified to perform the contract
satisfactory.
7
Section II: Data Sheet
ITS Clause
Reference
1.1
The Purchaser is: SriLankan Airlines
Address: Commercial Procurement Department, SriLankan Airlines, Airline
Centre, Bandaranaike International Airport, Katunayake
7.1
Proprietor’s authorizations is not required.
9.2 The amount of the Bid Security shall be LKR 158,400
The validity of the Bid Security shall be until 17 January 2019
12.1
The address for submission of bids is :
Attention : Dehan de Silva
Address : Senior Manager Commercial Procurement
Commercial Procurement Department,
Airline Centre, Bandaranaike International Airport, Katunayake,
Sri Lanka
Telephone : +94 197332773
Deadline for submission of bids is on or before 17th September 2019, 10 00 hrs
(GMT +5:30)
Details should be provided one day in advance to arrange security clearance if
the bidder wishes to hand deliver bids
14.1 Opening of bids on 17th September 2019, 10 30 hrs SriLankan Time (GMT +5:30)
in Airline Centre, Bandaranaike International Airport, Katunayake
Details should be provided one day in advance to arrange security clearance if
the bidder wishes to participate for bid opening.
15.2 For Clarification of bid purposes only, SriLankan Airlines’ address is:
Attention: Chintana Devapriya
Address: SriLankan Airlines Limited,
Commercial Procurement Department (General),
Airline Centre, Bandaranaike International Airport,
Katunayake , Sri Lanka
Telephone: +94 (0) 19733 2773
Facsimile number: +94(0) 197335225
Electronic mail address: [email protected]
8
9
Section III – Schedule of Requirements
I. Description of Goods Provision of student transport service for SriLankan
Aviation College – Katunayake
II. Period 3 years
III. Payment Term Invoices shall sent monthly on arrears basis. Minimum 45
days credit from the date of receipt of the invoice is
required.
IV. Performance Bond Unconditional irrevocable Bank guarantee on First Written
Demand of 10% from the total contract value for 3 years
(Through a reputed bank of Sri Lanka)
10
Section IV - Bid Submission Form
[The Bidder shall fill in this Form in accordance with the instructions indicated no alterations to its format shall be
permitted and no substitutions will be accepted.]
Date:
To: SriLankan Airlines
We, the undersigned, declare that:
(a) We have read and have no reservations to the document issued;
(b) We agree to supply conforming to the documents issued and in accordance with the Schedule of Requirements
of the following Goods [insert a brief description of the Goods];
(c) The total price of our quotation is: [insert the individual unit price in words and figures];
(d) Our quotation shall be valid for the time specified in ITS Clause 8.1
(e) We understand that our quotation, together with your written acceptance thereof included in your notification
of award, shall constitute a binding contract between us.
(f) We understand that you are not bound to accept the lowest evaluated quotation or any other quotation that
you may receive.
Signed: [insert signature of the duly authorized person]
Name: [insert complete name of person signing the Bid Submission Form]
Date
11
Section V – General Conditions
1. Sri Lankan Airlines will not provide parking facilities to the selected bidder.
2. The vehicles should be mechanically sound and roadworthy whilst meeting the required comfort levels
and in good condition both internally and externally at all times as required by Sri Lankan Airlines and
maintained at the cost of the selected bidder.
3. Licensed, insured (for the required minimum seating capacity of each bus) and registered in accordance
with all applicable government, local government or provincial council laws at the cost of the selected
bidder. The selected bidder should comply with other regulations pertaining to road operation,
environmental protection and carriage of passengers as per regulations adopted by National transport
Authority.
4. Vehicle should always be in a clean condition, both internally and externally, with windows fitted with
suitable curtains or should be tinted glass, curtains should be laundered periodically or as and when
deemed necessary, at the expense of the selected bidder.
5. Appoint an authorized personnel should be available 24x7 at the cost of the selected bidder.
6. All required security clearance, passes for Drivers, Conductors and any other relevant representatives
and vehicles deployed for the transport service to enter Sri Lankan Airlines premises, should be
obtained according to the rules and regulations prescribed by Sri Lankan Airlines, Airport and Aviation
of Sri Lanka (AASL) and the Ministry of Law and order and any other relevant authorities. Any expenses
incurred in this connection shall be borne by the selected bidder.
7. Presence of a dedicated driver and conductor for the vehicle deployed for the transport service is
mandatory. Any changes of the above matter should be notified to Sri Lankan Airlines as per the
provided contact details.
8. Selected service provider should ensure that all drivers are well rested before commencement of the
journey as per prevailing labor rules and regulations.
9. The Drivers have to be properly attired in appropriate uniforms, which shall be in presentable and
clean condition at all times during the transport service and whilst in BIA and Sri Lankan Airlines
premises. The uniforms provided must be distinct in color and design from those of Sri Lankan Aviation
College’s students. The proposed uniform should be approved authorized personnel of Sri Lankan
Airlines.
10. Ensure that all following documents are kept in the vehicles at all times when deployed for the
transport service:
I. Valid revenue license for the vehicle (original) II. Valid insurance certificate of the vehicle (original) III. Current vehicle emission test certificate (original) IV. Fitness Certificate (original)
11. Drivers should hold a valid heavy vehicle license to operate passenger transport.
12. Before commencement of the contract the selected bidder should be able to submit following
information,
Details of the drivers ( Age should be between 30-60)
Medical certificates
12
13. At any given time authorized representatives of Sri Lankan Airlines should be allowed to carry out spot
checks on the vehicles, drivers and conductors deployed as well as the above mentioned documents
for the transport service.
14. Display name board indicating the details of the route in front and rear of the vehicle at all times
when the students of SriLankan Aviation College are transported. The art work of same will be provided
by Sri Lankan Airlines; if the vehicle is used for any other purposes the name board should be removed.
15. In the event of an ad-hoc change in the dedicated vehicle prior to the commencement of the journey
the selected bidder shall obtain approval for such change from Sri Lankan Airlines authorized personnel.
Such vehicle shall be a suitable alternate vehicle which confirm to the agreed specifications in the
contract.
16. In the event of a permanent replacement of a vehicle used for the transport service is required, the
Company shall inform same in writing to Manager Logistics Sri Lankan Airlines prior to replace such
vehicle with a suitable alternate vehicle which shall confirm to the specifications mentioned above.
17. In the middle of a journey if a break down occurs the replacement vehicle which is provided by the
selected bidder on his account should be similar to the dedicated vehicle provided by the selected
bidder.
18. Liquidated damages
In the event where the company fails to make available the vehicle/s required for the transport
service at the agreed commencement time and pick-up point set out under job specifications
liquidated damages amounting to LKR 10,000/- for each occurrence shall apply.
In the event the selected bidder fails to arrive BIA Airline center at the scheduled time the
following penalties will be applied
1. for delays from the second occurrence onwards attributable to the company of more
than (15) minutes up to (30) on a particular route minutes occurring at the arrival points
in BIA, within a period of one (1) calendar month, Sri Lankan Airlines shall charge
liquidate damages of twenty five percent (25%) on the contracted both way trip cost per
day for each such delay on a particular route.
2. for delays from the second occurrence onwards attributable to the company of more
than (30) minutes occurring at the arrival points in BIA, within a period of one (1)
calendar month on a particular route, Sri Lankan Airlines shall charge liquidated
damages based on the loss of man-hours incurred at Rs150/- per hour/per person or 75%
of the applicable both way trip rate per day whichever is higher.
3. In the event the company fails to deploy a conductor for a vehicle, Sri Lankan Airlines
shall charge LKR 1,000/- per one way trip.
4. In the event the number of seats in the vehicle provided by the company for the
transport service is less than the number of seats as agreed per vehicle , Sri Lankan
Airlines may deduct LKR 230/- per seat per trip or the cost of alternate transport
arrangements made by Sri Lankan Airlines whichever is higher.
13
5. In the event of a breach of contract by the bidder except for the specified
circumstances above, the penalty would be 10% of the per day cost for the applicable
vehicle and route.
14
ANNEXURE A - Technical/General Specifications, Scope of service & Compliance form - 201832589
Compliance form
Name of the Bidder : …………………………………………………………………………………………………..
Stage 01 – Mandatory Pre-requisites evaluation* Criteria ( Mandatory) Required proof on compliance Bidders response
(Attached or Not)
A registered business Copy of Certificate of Incorporation / Business registration
Attached or Not
Possess minimum 2 year experience in providing passenger transport to corporate sector / government institution
Minimum 2 recommendation letters from 2 existing clients confirming the contract period and number of vehicles deployed to the service with each client. If need arises SriLankan Airlines may contact the given clients to authenticate provided details.
Attached or Not
* Any bidder non-complying to above stated Mandatory criteria will not be considered for further evaluation. Stage 2 – Technical Evaluation **
Specification Bidders response ( Compliant or Non-compliant)
Remarks (if any)
Bus 01 Bus 02
Bus 03
Year of manufacture 2012 or later
Seating capacity:
Min 54 for Bus 01
Min 26 for Bus 02 & Bus 03
Seats should be with headrests
15
Seat arrangement of buses with 54 seats or above
Seat pitch minimum -720mm
Knee space minimum -
250mm
Clear space minimum -
680mm
Gangway minimum –305mm
* Seats should be
comfortable and with
maximum leg space as per
the image provided under
“Vehicle specifications”.
Seat arrangement of buses
min 26 seats
Seat pitch (A) – 725 mm-760
mm
Seat length (B)– 410 mm –
430mm
Seat width single seat (C) –
440mm – 470mm
Seat width double seat (D)–
900mm – 920mm
* Image provided under
“Vehicle specifications”.
Vehicle should be registered as Motor coach/Light motor coach
Provide a Spare wheel , Wheel brace and Jack for each vehicle
Windows covered with curtain / tinted glass
Emergency exit door should not obstructed
To minimize the sound of the engine it should be covered with sound proof padding
16
Agree to comply with below requirements in the event if the contract is awarded:
Provide a Fire extinguisher free of charge for each vehicle
Provide a First aid kit free of charge for each vehicle
Remove slogans and graphics, except the company name of the selected bidder, address and contact details from the vehicle/s
* Suspension system must be comfortable for passenger transport. ** Any bidder non-agreeing to provide vehicle/s complying to given technical specifications will not be considered for price evaluation. *** If the bidder offer registered vehicles for the service, copies of Vehicle registration certificate issued by Department of Motor Traffic Stage 3 – Price evaluation (Based on the total estimated cost of the contract).
Total estimated cost calculation would be done as follows:
a. Maximum no. of operation days per month – 22 days
b. Estimated cost per bus 1 = Total Cost per day for both way X 22
c. Estimated cost per bus 2 = Total Cost per day for both way X 22
d. Estimated cost per bus 3 = Total Cost per day for both way X 22
e. Estimated total cost per annum = (b + c + d) X 12
Offers to be made for both way operation on Ad-hoc basis for the 3 buses. Cost for both way will be taken
separately for Fuel Component – 35% and other cost component – 65% enabling accurate fuel revisions to
be done as per notice by Ceylon Petroleum Corporation.
In the event of an increase or decrease in the basic price of fuel, the fuel component of the rate
attributable to each route which is given by the selected b bidder shall be revised by a percentage
equivalent to the percentage of increase or decrease in the basic price of fuel.
Stage 4 – Physical Inspection (will be done subsequent to the price evaluation where shortlisted bidders
will be informed to present offered vehicles for physical inspection complying with given specifications).
Shortlisted bidders shall be informed in writing to present offered vehicles for physical inspection with
the specific date and time.
Vehicles shall deliver to Katunayake for physical inspection.
17
Below documents shall present at inspection for all offered vehicles:
o Vehicle registration certificate issued by Department of Motor Traffic (copy/ original),
o Valid revenue license (original) ,
o Valid insurance certificate (original) ,
o Current vehicle emission test certificate (original)
o Fitness Certificate (original)
If the bidder wishes to offer Brand new vehicles on Purchase and supply basis, a similar type vehicle/s
shall present for the inspection.
If the selected bidder provide vehicles on “Purchase and supply basis”, bidder shall provide purchased
vehicle/s complying with given specifications, and shall comply with below stated conditions:
a. Within 7 days from the Notice of award – Submit a Duly filled Letter of undertaking
d. Lead time - Provide purchased vehicle/s complying with given specifications, within
three months from the Notice of award.
UL tech team should inspect and accept vehicles prior to deploy for the service. If the bidder
fails to provide vehicles within Three (03) months from the date of award of Tender, he/she
may treat as disqualified to offer the tender.
If the selected bidder provide registered vehicles for the service, the bidder shall use inspected vehicle
only. If requires to add another vehicle/s with same specifications, UL tech team should inspect and
accept vehicles prior to deploy for the service.
SCOPE OF SERVICE
1. Frequency of operation & arrival /departure instructions
Number of Days of transport operates per month will depend on student enrolment for
training programmes during next two years.
a) The service may require for weekdays excluding Mercantile Holidays and days declared by
SriLankan Aviation College as “Student Holidays” (which will be notified by SriLankan Airlines to
the selected bidder one week prior to commencement of such holidays).
b) The Service may require for week-ends which will be notified to the selected bidder one week
prior to commencement on need basis.
c) The service may require on ad-hoc basis either on some of the week days or some of the week-
ends with one week prior notice to fulfil such demands arises from time to time.
18
d) Provisions shall be available to include up to maximum requirement of 03 buses during a particular
day or a period of time and provisions to cancel entire operation temporary due to training and
operational reasons.
e) Transport requirement consists of One in-bound journey from point of origin to the BIA Airline
Centre in the morning and one out-bound journey from the Airline Centre BIA to the final
destination in the evening.
2. Forecasted requirement which may arises during next three years can be fulfilled using
maximum of three buses;
Bus 1 should be with minimum 54 seats and Bus 2 & 3 should be with minimum 26 Seats.
Depending on number of passengers occupy in each route SLAC may request to change the bus
type (54 seater to 26 seater and VV) which shall be communicated one week prior to the
selected bidder.
NB: - As per present requirement one 26 seater from Colombo to Katunayake on week day basis
meet the demand. (During January & February ’19)
3. Anticipated Maximum requirement with seating capacity, routes and the route schedule for Sri
Lankan Aviation College student transport is as follows:
TABLE 1
Origin/Destination/Capacity
PICK UP TIME FROM ORIGINATING POINT
REPORTING TIME AT BIA AIRLINE CENTRE
DEPARTURE FROM BIA
COLOMBO (FORT)/KATUNAYAKE BUS 1- with min 54 seats
0630HRS
0800 HRS
1615HRS
COLOMBO (FORT)/KATUNAYAKE BUS 2 – with min 26 seats
0630HRS
0800 HRS
1615HRS
NITTAMBUWA/KATUNAYAKE BUS 3 – with min 26 seats
0700HRS
0800 HRS
1615HRS
Departure and Arrival times should be as follows;
• Arrival time at Airline Centre BIA by 0800 hours in the morning.
• Departure time from Airline Centre BIA at 1615 hours
The transport routes and pick up times from the originating point to BIA Katunayake as follows:
19
BUS NUMBER 01 ROUTE PICK UP TIME
Fort – Opposite Fort Station Gunasinghapra near the Bastian Road Panchikawatta Roundabout Peliyagoda near the highway Wattala near the Pizza Hut 18th Mile Post Junction Katunayake
0640 hrs 0645 hrs 0650 hrs 0700 hrs 0710 hrs 0740 hrs 0750 hrs
BUS NUMBER 02 ROUTE PICK UP TIME
Fort – Opposite Fort Station Gunasinghapra near the Bastian Road Panchikawatta Roundabout Peliyagoda near the highway Wattala near the Pizza Hut Kandana near Commercial Bank Ja-Ela near Food City Seeduwa Junction near fuel station 18th Mile Post Junction Katunayake
0630 hrs 0635 hrs 0640 hrs 0650 hrs 0700 hrs 0715 hrs 0720 hrs 0730 hrs 0740 hrs 0750 hrs
BUS NUMBER 03 ROUTE PICK UP TIME
Nittambuwa Main Bus Stand Opposite NSB Nittambuwa, Veyangoda Road after Color Lights Veyangoda bus stop after Color Lights Minuwangoda Junction Andiambalama Junction Katunayake
0700 hrs 0705 hrs 0715 hrs 0735 hrs 0745 hrs 0750 hrs
On the Route, the selected bidder shall ensure that the vehicle deployed for the in-bound journey
arrive at the final drop-off point as per the schedule given in table 1.
The vehicle should be available fifteen (15) minutes prior to commencement of the journey.
Period of the Agreement: 3 years and SriLankan airlines shall have the right to terminate the
contract by giving 30 days prior notice and selected bidder shall have the right to terminate the
contract by giving 90 days prior notice.
Ensure only Sri Lankan Aviation College students are authorized to travel in the transport.
4. VEHICLE SPECIFICATIONS
4.1. The selected bidder shall ensure that vehicle specifications (i.e. leg space, seat pitch, seat
width and length) are as per the recommendations of the RMV and other relevant authorities as
mentioned under vehicle specifications.
4.2. Seat specifications (54 or above)
20
21
4.3. Seat specifications (minimum 26)
22
ANNEXURE B: Price Schedule Form
Name of the Bidder : ……………………………………………………………………………………..
Payment term: ………………………………………………………………………………………………………………………. Bidders may make their offers under 2 options (single routes or bulk offer). Fuel component of the offered rates will be amended as per the prevailing price of the stated basic fuel type at the bid submission deadline date for evaluation purpose and same may adjusted at the rate of commencement date of the agreement. Offer for individual routes – Option 01
Bus Seating capacity
Route Fuel Component
(in LKR) 35%
Other Cost Component (in LKR)
65%
Rate per day (02 way
trip) Excluding taxes (in
LKR)
NBT (in percentage)
VAT (in percentage)
Any other applicable taxes (in
percentage)
a b c = a + b
Bus 1 Min 54 Colombo
Bus 2 Min 26 Colombo
Bus 3 Min 26 Nittambuwa
Basic fuel type - ………………………
Basic fuel price per liter - ……………………….
Date - ………………………..
23
Offer as a bulk – Option 02
Bus Seating capacity
Route Fuel Component
(in LKR) 35%
Other Cost Component
(in LKR) 65%
Rate per day (02 way
trip) Excluding taxes (in
LKR)
NBT (in percentage)
VAT (in percentage)
Any other applicable taxes (in
percentage)
a b c = a + b
Bus 1
Min 54 Colombo
Bus 2
Min 26 Colombo
Bus 3
Min 26 Nittambuwa
Basic fuel type - ………………………
Basic fuel price per liter - ……………………….
Date - ………………………..
………………….. [Signature of person signing the Bid]
.................... [Designation of person signing the Bid with frank]
Date : ………………. [Insert date]
24
ANNEXURE C : Bid Security
[this Bank Guarantee form shall be filled in accordance with the instructions indicated in brackets]
--------------[insert the issuing agency’s name, and address of issuing branch or office]------------
Beneficiary : SriLankan Airlines Limited, Airline Centre, Bandaranaike International Airport, Katunayake, Sri Lanka
Date : -------------[insert (by issuing agency) date]
BID GUARANTEE No: -------------[insert (by issuing agency) number]
We have been informed that ---------[insert (by issuing agency) name of the Bidder; if a joint venture, list complete
legal names of partners] (hereinafter called “the Bidder”) has submitted to you its bid dated -------------[insert (by
issuing agency) date] (hereinafter called “the Bid”) for the supply of [insert the name of Bidder] Under Invitation for
Bids No. GSE/ICB-02/2018 (“ the IFS”).
Furthermore, we understand that, according to your conditions, Bid must be supported by a Bid Guarantee.
At the request of the Bidder, we ---------- [insert name of issuing agency] hereby irrevocably undertake to pay you any
sum or sums not exceeding in total an amount of --------- [insert amount in figures]-----------[insert amount in
words])upon receipt by us of your first demand in writing accompanied by a written statement stating that the Bidder
is in breach of its obligation(s) under the bid conditions, because the Bidder:
(a) has withdrawn its Bid during the period of bid validity specified; or
(b) does not accept the correction of errors in accordance with the Instructions to Bidders (hereinafter “the ITB”);
or
(c) having been notified of the acceptance of its Bid by SriLankan Airlines during the period of bid validity, (i)
fails or refuses to execute the Contract Form, if required, or (ii) fails or refuses to furnish the Performance Security,
in accordance with the ITQ.
This Guarantee shall expire: (a) if the Bidder is the successful bidder, upon our receipt of copies of the Contract signed
by the Bidder and of the Performance Security issued to you by the Bidder; or (b) if the Bidder is not the successful
bidder, upon the earlier of (i) our receipt of a copy of your notification to the Bidder that the Bidder was unsuccessful,
otherwise it will remain in force up to ---- (insert date)
Consequently, any demand for payment under this Guarantee must be received by us at the office on or before that
date.
[signature(s) of authorized representative(s)]
25
ANNEXURE D : Performance Security
[The issuing agency, as requested by the successful Bidder, shall fill in this form in accordance with the instructions
indicated]
--------------------[Issuing Agency’s Name, and Address of Issuing Branch or Office]-----------------
Beneficiary: SriLankan Airlines Limited, Airline Centre, Bandaranaike International Airport, Katunayake, Sri Lanka
Date: ---------------------------
PERFORMANCE GUARANTEE No: ---------------------------------
We have been informed that ---------------[name of Bidder](hereinafter called “the Supplier”) has entered into Contract
No. ------------------[reference number of the contract] dated ---------------- with you, for the ----------------Supply of --
--------------------[name of contract and brief description] (hereinafter called “the Contract”).
Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee is required.
At the request of the Supplier, we ----------------[name of Agency] hereby irrevocably undertake to pay you any sum or
sums not exceeding in total an amount of -----------------------[amount in figures](-----------------) [amount in words],
such sum being payable in the types and proportions of currencies in which the Contract Price is payable, upon receipt
by us of your first demand in writing accompanied by a written statement stating that the Contractor is in breach of
its obligation(s) under the Contract, without your needing to prove or to show grounds for your demand or the sum
specified therein.
This guarantee shall expire, no later than the --- day of ----,20..[ 90 days beyond the expiry of the contract or
until all the obligations of the supplier are fulfilled (whichever is later)] and any demand for payment under it must be received by us at this office on or before that date.
_____________________
[signature(s)]
26
ANNEXURE E : Clientele Information Form
Company Name Company Representative’s Contact
Details (Please state name, official email address and telephone
number)
Contract Duration
Number of vehicles deployed to the service
1
2
3
4
5
6
7
8
9
10
27
ANNEXURE F – VENDOR INFORMATION FORM
(To be filled by the vendor)
Section A – Basic information of the vendor
1. Registered Name of the Vendor :
2. Date of Incorporation:
3. Country of Incorporation:
4. Nature of business :
5. Company type :
6. Telephone & Fax numbers :
Tel: Fax:
7. E-mail address :
8. Registered address :
9. Other contact details (if any) :
10. Registered Name and address of local agent (if any)
Section B – Details of Directors, Shareholders and related parties
1. Name(s) of Directors
2. Name(s) of Shareholders
28
As the authorized representative of ……………………………………… [ name of the Vendor], I hereby confirm on behalf of
……………………………………….[ name of the Vendor] that the information provided above are true and accurate and
acknowledge that the bid of …………………………………………..[ name of the Vendor] submitted herewith shall be rejected
in the event all or any of the information submitted above is found to be incorrect.
Details of vendor’s authorized signatory: Name:
Designation:
Date: Signature & Company Rubber Stamp:
Section C -Business verification : Duly signed and stamped copy of above document to be supported by the following documents
Tick the appropriate boxes
A copy of the Certificate of Incorporation certified by the Company Secretary of the
vendor Company
A copy of Form 20 (Sri Lankan Companies)
certified by the Company Secretary or a letter from the Company Secretary
confirming the directors For partnerships and sole proprietorships,
certificate of business registration
A copy of Form 15 (Sri Lankan Companies) certified by the Company Secretary or a letter from the
Company Secretary confirming the shareholding. For Partnerships, list of partners confirmed by one of
the partners, preferably by the most senior partner.
Audited financial statements of the vendor Company
for the last three years ((15/16, 16/17, & 17/18) Others (specify)
3. Name (s) of Directors of
Parent/Subsidiary who are also
Directors of SriLankan Airlines
4. Name(s) of Directors of
Parent/Subsidiary who are also Employees of SriLankan Airlines
5. Names of Close Family Members
who are either Directors/Employees of
SriLankan Airlines
29
ANNEXURE G - SAMPLE CONTRACT AGREEMENT
AGREEMENT This Agreement is made on this ……………………….. Katunayake by and between SriLankan Airlines Limited a company incorporated in the Democratic Socialist Republic of Sri Lanka bearing the Company Registration number PB 67 and having its registered office at the Airline Centre, Bandaranaike International Airport, Katunayake, Sri Lanka (hereinafter referred to as "SriLankan Airlines" which term or expression shall include where the context so requires or admits mean and include the said SriLankan Airlines its successors in office and assigns) of the One Part and: [ ] a company incorporated in the Democratic Socialist Republic of Sri Lanka bearing the Company Registration number [ ] and having its registered office at the [ ] (hereinafter referred to as "Company" which term or expression shall include where the context so requires or admits mean and include the said [ ] its successors in office and assigns) of the Other Part and: Whereas the Company is a reputed transport provider in Sri Lanka which is capable of providing transport services to employees in commercial organizations. WHEREAS SriLankan Airlines is an international commercial airline registered in Sri Lanka and carries out its aviation
related training courses through its training arm SriLankan Aviation College.
And whereas SriLankan Airlines is desirous of availing itself of transportation services to transport students who undergo training at SriLankan Aviation College as required in this Agreement between the Bandaranaike International Airport, Katunayake (hereinafter referred to as BIA) and stipulated locations. And whereas the Company has agreed to provide transport services to the students of SriLankan Aviation College as required hereunder between the BIA and stipulated locations subject to the terms and conditions set out herein. IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. APPOINTMENT 1.1 The Company shall provide vehicles suitable for passenger transportation to transport SriLankan Aviation
College students between stipulated locations and BIA to the categories set out in Annex I (hereinafter referred to as “Categories”) Agreed number and type of vehicles set out in Annex 2 (hereinafter referred to as "Transport Service").
2. THE OBLIGATIONS OF THE COMPANY 2.1 The Company shall ensure that the vehicle/s to be deployed for the Transport Service pursuant to this Agreement
shall be:
a) dedicated for Transport Services for SriLankan Aviation College students.
b) mechanically sound and roadworthy and in good condition both internally and externally at all times, maintained in a roadworthy condition and as required by SriLankan Airlines at the cost of the Company.
c) And duly checked and approved by SriLankan Aviation College prior to the commencement of the Agreement
as per Clause 4.1 below.
d) Either registered in the name of the Company or the Company is legally entitled to use and operate such vehicles for the purpose of this Agreement.
30
e) Licensed, insured and registered in accordance with all applicable Government, local Government or provincial council laws and regulations pertaining to the road operation, environmental protection and carriage of passengers, at the cost of the Company.
f) Contactable at all times during the Transport Service, at the cost of the Company.
g) Ensure that the exterior body of the vehicles deployed for the Transport Service is free from slogan sand graphics,
except for the name of the Company and any advertisements or promotional material regarding SriLankan Aviation College.
h) Arrive at SriLankan Aviation College premises to enable the students to attend classes schedule set out in Annex
9.
i) All vehicles used for the transport service shall be fully maintained at the expense of the Company during the Contract.
j) The details regarding the vehicles used in the operation should be provided to SriLankan Aviation College by the Company and any variations should be updated on a monthly basis.
k) The Company shall own or have legal entitlement to use and operate all the vehicles required for the contracted period.
2.2 The Company shall
(a) Maintain and submit the records of all trips undertaken pursuant to this Agreement as in Annex3.
(b) At its own expense, position one of its representatives who shall be contactable on a mobile phone as well as a land telephone line, Facsimile, internet and in contact with the Company’s Head Office and SriLankan Airlines on a 24 x 7 basis to co-ordinate the operation of the Transport Service to be provided under this Agreement.
(c) at its own expense, ensure that telephone, email, internet and facsimile operational connectivity is available
between the Company’s Head Office and its representative located as per Clause 2.2. above on a 24 x7 basis including public, mercantile and statutory holidays to enable SriLankan Airlines to contact the Company or its representative.
(d) ensure that its employees comply with all security and other directions and regulations set out by SriLankan
Airlines and other relevant authorities in relation to access to persons and property to BIA and SriLankan Airlines’ premises at Katunayake and remaining in the said location.
(e) comply with all labour and licensing rules and regulations applicable to drivers and conductors of vehicles and
ensure that all drivers are sufficiently rested at the commencement of the Transport Service to be provided under this Agreement. SriLankan Aviation College will have the right to do spot checks to find out whether the drivers are rested properly.
(f) Ensure that the drivers possess sufficient experience as required in Annex 10, hold valid driving licenses to
operate the relevant vehicle and adhere to all applicable laws and regulations in the discharge of their duties, are medically fit (For vision, Colour blindness and hearing test) and capable to operate the vehicles and the drivers and conductors are properly attired at all times during the Transport Service and whilst in BIA and SriLankan Airline’s premises.
(g) Ensure that all following documents are kept in the vehicles at all times when deployed for Transport Services.
(i) Valid revenue license for the vehicle (original) (ii) Valid insurance certificate of the vehicle (original) (iii) Current vehicle emission test certificate (original) (iv) Deploy a conductor for vehicles as required by the law in addition to the driver.
(h) Accept as passengers only those persons carrying duly authorized SriLankan Aviation College students’ identity card and the transport pass.
31
(i) permit the authorized representatives of SriLankan Aviation College to carry out spot checks on the vehicles, drivers and conductors deployed for t he Transport Service and the documents to be carried in any vehicle referred to in clause 2.2 (e) during the term of this Agreement.
(j) Display a name plate indicating the details specified in Annex 6 in a prominent place in vehicles at all times when
the Students of SriLankan Aviation College are transported.
(k) Ensure that the vehicle deployed for the Transport Service is in accordance with the requirement set out in Annex 2.
(l) The details regarding the vehicles used in the operation should be provided to SriLankan Airlines by the Company
and any variations should be updated on a monthly basis. Records of servicing of vehicles periodic checks on brakes, air-conditioning etc, should be forwarded to User Department on a monthly basis.
2.3 In the event of an ad-hoc change in the vehicles for a trip prior to the commencement of the Transport Service,
the Company shall specify reasons for such change and obtain prior approval for such change from SriLankan Aviation College. The Company shall ensure that such alternate vehicle shall be in conformity to the specifications listed in Annex 2.
2.4 The Company shall ensure that any such ad-hoc changes shall not be for more than 48 hours duration per
occasion except for the ad-hoc changes for repairs and maintenance of the dedicated vehicles. In the event of an ad-hoc change is due to a repair or maintenance of the vehicle, the Company shall inform SriLankan Aviation College a tentative date for the redeployment of the vehicle for Transport Services pursuant this Agreement and an alternative vehicle shall be deployed for Transport Services with the approval of SriLankan Aviation College.
2.5 In the event a permanent replacement of a vehicle used for the Transport Service is required, the Company shall
inform SriLankan Aviation College same in writing to the officers designated in Annex 4 with the written agreement of SriLankan Airlines replace such vehicle with a suitable alternate vehicle which shall conform to the specifications listed in Annex 2.
2.6 The Company shall at his own expense ensure that the vehicles deployed for the transport service are duly
licensed, insured and registered under all applicable Government or local Government laws and regulations pertaining to the road operation, environmental protection and carriage of passengers.
2.7 The Company’s identification board for SriLankan Aviation College Students’ transport to be displayed in front and rear side of the vehicle.
2.8 Drivers who are reported for reckless driving and not abiding with the state speed limits to be discontinued from serving SriLankan Aviation College Transport.
2.9 Driver rosters with documented proof of time logged in for journey and time logged off after journey to be made available to UL on a monthly basis.
2.10 Vehicle assigned to transport Students from BIA to their respective drop off points to be positioned at BIA on time so that Students are not kept waiting.
2.11 In the event of an accident or breakdown substitute vehicle to be made available immediately so that delays are not experienced, Transporter representative should be available at police station or Hospital to facilitate any requirement in case of an accident.
2.12 Code of Conduct for Drivers/Helpers o Students to be addressed as Sir or Madam
o Mobile to be used only for operational purposes
o Drivers / Helpers to have Name Tags in Uniforms
32
3. PARKING FACILITIES 3.1 SriLankan Airlines shall not be responsible for providing parking facilities for any of the vehicles deployed for the
Transport Service at BIA or SriLankan Airlines’ premises or any other location during idle time save and except provided in clause 3.2.
3.2 Subject to the approval of relevant authority at BIA, SriLankan Airlines may provide temporary waiting facilities
for the vehicles deployed for the Transport Service at the SriLankan Airline’s premises or its vicinity, immediately upon arrival of the vehicles or before commencing any journey, subject to the Company complying with all security and other directions set out by SriLankan Airlines Limited, Airport and Aviation Service (Sri Lanka) Limited & other relevant authorities in respect of the use of the temporary parking facilities.
4. RIGHTS, DUTIES AND OBLIGATIONS OF SRILANKAN AIRLINES 4.1 SriLankan Airlines may, at the commencement or at any time during the term of this Agreement inspect any
vehicle to be deployed for the purpose of Transport Services under this Agreement provided that inspection, certification or approval of any vehicle by SriLankan Airlines shall not be deemed to be a waiver of the requirements set out in clause 2.1 (b) and 2.1 (c) and Annex 2 or in any way relieve the adherence to the obligations of the Company under clause 2 and Annex 2 hereof.
4.2 SriLankan Airlines shall pay for the Transport Services according to the rates set out in Annex 5. 4.3 Notwithstanding anything to the contrary stated herein, SriLankan Aviation College may request the Company
not to re-deploy a particular driver and/or conductor who operate/s the vehicle on any of SriLankan Aviation College categories, if in the opinion of SriLankan Aviation College such person is inappropriate or unsuitable.
4.5 SriLankan Aviation College shall not provide parking facilities for the Company’s vehicles at SriLankan Airlines
premises.
4.6 SriLankan Airlines/ SriLankan Aviation College reserves the right to test drivers for the use of Alcohol or Psychoactive substances as and when required 5. RATES AND PAYMENT 5.1 The Company shall provide a tax / SVAT invoice SriLankan Airlines monthly on arrears basis in respect of the
Transport Services provided by the Company for the previous month at the rates set out in Annex 5 within fifteen (15) days in the following month.
5.2 SriLankan Airlines shall settle all invoices submitted by the Company within thirty (30) days after the receipt thereof provided however, in the event an invoice is disputed, SriLankan Airlines shall pay the undisputed amount as stated herein and the disputed amount shall be payable within fourteen (14) days of the resolution of the dispute.
5.3 SriLankan Airlines has the right to deduct the dues mentioned in Annex 03 and Annex 07 and to settle the
balance at the monthly settlement. 5.4 All the invoices should be forwarded to SriLankan Airlines marked attention of the officer designated for this
purpose in Annex 4. 5.5 SriLankan Airlines shall be entitled to withhold or deduct from any payments due to the Company or any sums
of money required to be withheld by SriLankan Airlines under any law or regulation for the time being in force and/or pursuant to this Agreement.
5.6 All payments pursuant to this Agreement shall be in Sri Lankan Rupees and made by cheque as per the payment
details stated in Annex 5.
33
6. Taxes 6.1 Either Party shall be responsible for payment of any applicable taxes under this Agreement imposed by statutory
and/or regulatory bodies of Sri Lanka enacted through legislations and/or regulations.
6.2 Value Added Tax (VAT) are excluded from the rates and prices set forth in Annex 5 and shall be
payable by SriLankan Airlines as per Annex 5.
6.3 SriLankan Airlines is not obliged to pay any inland taxes, personal income tax and corporate income
tax of the Service Provider and/or the Service Provider’s employees. Taxes that arise on the income
of either Party will be the responsibility of each such Party.
6.4 Withholding taxes or any similar statutory taxes chargeable by the Government of Sri Lanka (if
applicable) shall be deducted from the payment to due to the Service Provider as per the tax laws
of Sri Lanka.
6.5 Personal income tax and corporate income tax of the Service Provider, the Service Provider’s
employees payable in Sri Lanka shall be borne by the Service Provider.
7. REVISION OF RATES 7.1 In the event of an increase or decrease Ceylon Petroleum Corporation in the Basic Price of Fuel (Diesel LAD 92
or Petrol Octane 92) as set out in Annex 5, the fuel component of the rate shall be revised by a percentage equivalent to the percentage of increase or decrease in the Basic Price of Fuel. The fuel component is 35% of a trip rate.
7.2 The revised rates shall be mutually agreed by the Parties in writing and recorded as an amendment to the rates
set out in Annex 5. Upon such amendment, the Basic Price of Fuel shall be amended to be the price of fuel recorded in such amendment to Annex 5.
8. VARIATIONS 8.1 Notwithstanding anything to the contrary stated in this Agreement, SriLankan Airlines may by giving the Company
written notice as required in Annex 2 withdraw, add , vary any of the categories set out in Annex I, or vary, withdraw, add services, pick-up points and drop-off points to the out of periphery list or change the periphery. Upon such variation, the Parties shall record such variation by way of a written amendment to the applicable Annexes. Such amendment shall record inter alia the proportionate adjustment to the rate if any which shall be calculated at the rates set out in Annex 5.
9. BANK GUARANTEE 9.1 The Company at the execution of this agreement shall furnish an irrevocable and unconditional bank guarantee
drawable on first written demand in Sri Lanka from a bank acceptable to SriLankan Airlines in form and substance satisfactory to SriLankan Airlines, for the amount stipulated in Annex 5 as security for the due and proper performance by the Company of its obligations under this Agreement. All applicable bank charges (including any changes at the time of enhancement) on such bank guarantee shall be borne by the Company.
9.2 The value of the bank guarantee may be varied at any time at the option of SriLankan Airlines and the Company
shall furnish an additional bank guarantee within thirty (30) days of notification to the Company. 9.3 The proceeds of the Bank Guarantee shall be payable to SriLankan Airlines as compensation for any loss
resulting from the Company’s failure to complete its obligations under this Agreement.
34
9.4 The Bank Guarantee will be discharged by SriLankan Airlines and returned to the Company within 90 days of
the expiry of this Agreement or within 90 days following the completion of the Contractor’s obligations under this Agreement, whichever comes later, less any monies due to SriLankan Airlines and or as SriLankan Airlines is entitle to deduct/set off under this Agreement.
9.5 In the event SriLankan Airlines has to incur extra costs, charges, penalties, any damages due to the Company’s
failure to perform any of its obligations under the agreement or due to the negligence or wrongful conduct of the Company, SriLankan Airlines shall be entitled to deduct any such monies from the Bank Guarantee against the sums due from the Company.
9.6 The Company shall ensure to maintain the Bank Guarantee in the sum required by SriLankan Airlines throughout
the period of this Agreement and if the Bank Guarantee is deducted by SriLankan Airlines as per this Agreement or by any other reason the Company shall forthwith take steps to replenish and restore the Bank Guarantee to its original amount.
9.7 SriLankan Airlines shall not make any payments under this Agreement to the Company until Srilankan Airlines has received the bank Guarantee as stipulated under Clause 8 hereof.
9.8 SriLankan Airlines’ rights with respect to the Bank Guarantee shall be in addition to any other right or remedies
available by law to Srilankan Airlines. 10. LIABILITY & INDEMNITY 10.1 The Company shall be liable for and shall indemnify and hold harmless SriLankan Airlines, its directors, officers,
servants, agents, employees students of SriLankan Aviation College free and clear from and against all losses, costs, expenses, claims and liabilities arising out of death, injury or delay to any person including passengers, employees, students of SriLankan Aviation College or agents of SriLankan Airlines or the Company or any third parties and/or for loss of or damage to any property including the vehicles used for transportation to be provided hereunder property belonging to SriLankan Airlines, any of its officers, agents, employees, students of SriLankan Aviation College ,third parties or the Company whether arising in contract or in tort which arises out of or is related to the performance of the obligations of the Company under this Agreement except where such death, injury, loss or damage arises out of the wilful misconduct of SriLankan Airlines, its directors, officers, servants, agents, employees or students of SriLankan Aviation College.
10.2 The Company shall indemnify SriLankan Airlines, its directors, officers, agents, employees and students of
SriLankan Aviation College in respect of any losses, costs, expenses claims, damages, liabilities that may arise out of any claim by any employee/s of the Company under the Workmen’s Compensation Ordinance No. 19 of 1934 or any other law, applicable to the Company or to its employees in the discharge of its obligations under this Agreement.
10.3 The Company shall indemnify SriLankan Airlines and its directors, officers, agents employees and students of SriLankan Aviation College in respect of any losses, costs, expenses claims, damages, liabilities that arising out of the Company’s breach or non-compliance with any of its obligations under this Agreement.
10.4 The protection of the indemnities to be provided under Clauses 9.1, 9.2 and 9.3 above and this clause shall be
deemed to survive the expiry or termination of this Agreement howsoever occasioned. 10.5 Neither SriLankan Airlines nor the Company (its directors, officers, servants, agents or employees) shall be liable
to the other in any action or claim for consequential or special damages, loss of profits or loss of use suffered by the other.
11. AUDIT/ INVESTIGATION
35
11.1 Notwithstanding anything provided in this Agreement, the Parties hereby agree that SriLankan Airlines/Aviation
College shall be entitled to audit the level and standard of transport arrangement of the Company in accordance
with the existing guidelines, internal policies of SriLankan Aviation College and also in accordance with this
Agreement. In the event, SriLankan Aviation College deems it necessary; it will instruct the Company to conduct
special training for its staff. Such audit shall be carried out at a location determined by SriLankan Aviation College
and the Company shall comply and take immediate steps to implement the corrective action so recommended at
its cost within a time period mutually agreed with SriLankan Aviation College. Failure to do so shall entitle
SriLankan Airlines to terminate this Agreement forthwith by written notice without any liability to pay any penalty or
compensation to the Company. SriLankan Airlines shall provide a minimum of 07 days’ notice prior to the intended
audit. SriLankan Aviation College shall be entitled to recover the cost of a re-audit if SriLankan Aviation College
requires to carry out a re-audit as a result of the failure of the Company to implement the corrective measures
recommended by SriLankan Aviation College at the initial audit.
11.2 Notwithstanding anything provided in this Agreement, the Parties hereby agree that SriLankan Aviation College
shall be entitled to conduct investigations whenever necessary for any incident/ accident that will transpire in the
course of providing transportation services to transport its Students to and from the Bandaranaike International
Airport, Katunayake from and to stipulated locations. SriLankan Airlines shall address the incident/ accident within
a reasonable time and confirmed including corrections, improvements implemented and preventive measures to
be adopted by the Company.
11.3 SriLankan Aviation College reserves the right to request the Service Provider to produce such vehicles for
further physical inspection periodically, and any new vehicles prior to being introduced for the Students transportation operation.
11.4 Performance of the transport services provided by the Company will be reviewed periodically by SriLankan Aviation College based on, but not limited to the following criteria:
Punctuality, safety, road-worthiness & serviceability of vehicles, cleanliness of vehicles, attitude of drivers and conductors towards SriLankan staff, validity of vehicle revenue license, drivers license and insurance, Legal liability coverage for the passengers travelling on the vehicles deployed for the transport service.
If service provider doesn’t meet the criteria set down by SriLankan Airlines, stringent penalties will be imposed.
12. INSURANCE 12.1 The Service Provider shall maintain and keep valid at all times at its own cost and expense suitable
comprehensive motor vehicle insurances policy covering own vehicle damage and third party coverage in respect of the Vehicles provided under this Agreement including but not limited to cover the following. (i) Death/Bodily Injury Insurance Coverage
(a) Unlimited Third Party Legal Liability insurance covering legal liability for death of or bodily injury to any third party.
(b) Personal Accident Benefit Insurance Cover (inclusive of Strike, Riot & Civil Commotion and Terrorism) for the licensed seating capacity of the vehicle including the Driver for amount of Rs. 200,000 (Rupees Two Hundred Thousand) per seat.
(c) Legal liability for passengers and goods for not less than LKR 1,000,000 per seat.
(ii) Third Party Property Damage Liability Coverage Third Party Legal Liability Cover against Loss of or Damage of any Property including the property belonging to SriLankan Airlines Limited and/or its Employees and agents or any other third party for an amount of not less than Rs. 2,000,000 (Rupees Two Million).
(iii) Insurance for loss of/damage to the vehicles should be no less than the current market value of the
vehicle and coverage should be on the basis that the vehicle is used for hire and reward and, in addition to comprehensive coverage include but not be limited to cover for riot & strike, terrorism, and natural perils, self ignition, and include cover for, but not be restricted to, paint work, external fixations, buffers, lights and the like..
36
12.2 A workmen’s compensation insurance policy covering all employees of the service provider involved with the performance of this contract including but not limited to the drivers. 12.3 Insurance policies referred to in Clause 11.1 and 11.2 above shall be arranged with a reputable insurance
company with Island wide coverage acceptable to SriLankan Airlines Limited. 12.4 Waive rights of subrogation or action against SriLankan Airlines or its employees, agents, or persons travelling
in the vehicle provided by the Service Provider pursuant to this Agreement in connection with any losses or claim resulting from the performance of services by the Service Provider.
12.5 The Service Provider shall also within 15 days of the execution of this Agreement and at each consequent
renewal (or renewal of insurances whichever shall occur first) produce an Insurance Policy/Certificate evidencing coverage as per the requirements of Clauses 11.1 and 11.2.
12.6 Under no circumstances, SriLankan Airlines or its directors, officers, Agents and employees shall be held
responsible for any loss of or damage to the vehicle or its accessories or spare or for any injury / death caused to staff of the service provider.
13. NON-COMPLIANCE AND LIQUIDATED DAMAGES 13.1 In the event of the non-compliance or breach by the Company of any of its obligations contained in this
Agreement, SriLankan Airlines may at its discretion, without prejudice to any of its rights under this Agreement: a) Terminate this Agreement as per clause 13 below;
b) Charge the Company liquidated damages as specified in Annex 7 which shall be the estimated amount of the monies payable for the relevant Transport Services or other obligation for the relevant period of non-compliance or breach; and/or c) Obtain the services of another service provider to carry out the services provided, however, that in the event any money is expended by SriLankan Airlines on account of the Company's non-compliance or breach of its duties, such said expenditure shall be re-charged to the Company and the Company shall also forego the prorated amount for that particular trip on that date.
13.2 Notwithstanding clause 12.1, without prejudice to the right of SriLankan Airlines to charge liquidated damages,
the Company shall in any event of non-compliance make good the non-compliance, irregularity, breach and/or lapse as soon as possible to the satisfaction of SriLankan Airlines.
14. TERM AND TERMINATION 14.1 This Agreement shall be effective from the Commencement Date set out in Annex 8 and shall continue to be
valid for the period stipulated in Annex 8 unless terminated earlier in accordance with this Agreement. 14.2 Notwithstanding anything to the contrary herein stated, SriLankan Airlines may terminate this Agreement on
whatsoever ground by giving to the Company thirty (30) days written notice. Such termination shall take effect on the expiry of the notice period. Notwithstanding anything contained under Clause 8.1 the Service Provider may terminate this Agreement by issuing ninety days (90 days) prior written notice of termination to SriLankan Airlines without assigning any reasons whatsoever. Such termination to take effect on the expiry of the notice period.
14.3 SriLankan Airlines may terminate this Agreement forthwith in writing in the event the Company does not
commence the Transport Services on the Commencement Date set out in Annex 8. 14.4 Either party shall have the right to terminate this Agreement forthwith by written notice to the other upon the
happening of any of the following events:
(a) if the other party is in breach of any of the terms or conditions of this Agreement and fails to rectify that breach within thirty days from the date of notification of it by the innocent party;
(b) if the other party enters into liquidation whether compulsory or voluntary (other than for the purpose of amalgamation or reconstruction) or compounds with or enters into a scheme of arrangement for the benefit of its
37
creditors or has a receiver appointed of all or any part of its assets or takes or suffers any similar action in consequence of debt; or (c) if the other party shall cease substantially to carry on its trade or shall threaten to cease substantially to carry on its trade or loses its licenses to operate the services contracted for in the Agreement.
14.5 Termination of this Agreement pursuant to the provisions of this clause shall be without prejudice to the accrued
rights and liabilities of either party. 14.6 On the termination of this Agreement howsoever occasioned or the non-renewal of this Agreement, no
compensation and/or damages whatsoever shall be payable by SriLankan Airlines to the Company or any of the employees of the Company.
15 ASSIGNMENT AND SUB-CONTRACTING 15.1 SriLankan Airlines shall with the prior written consent of the Company be entitled to assign or transfer the whole
Agreement or any part thereof to a subsidiary or associate company of SriLankan Airlines. 15.2 The Company’s rights or obligations under this Agreement shall not be assigned, transferred or sub contracted
without the prior written approval of SriLankan Airlines. 15.3 The Company shall not be relieved of responsibility under this Agreement for such portion of its obligations as
are sub contracted.
16. FORCE MAJEURE 16.1 The parties shall be exempt from liability in respect of any failure to perform their obligations under this Agreement
(other than the Company’s obligation to provide a Bank Guarantee as requested by SriLankan Airlines and to maintain it as required under this Agreement) due to or arising out of acts of God or public enemy, civil war, insurrection, riots, fire, floods, explosions, earthquakes, accidents, epidemics, quarantine restrictions, any act of governmental priority allocation regulations or any other like or similar cause to the extent that such cause is beyond the control of such party. Upon the occurrence or imminent occurrence of any such event the affected party shall give the other immediate notice thereof. For the avoidance of doubt, it is hereby stated that in the event the Company is unable to provide the Transport Service pursuant to this Agreement in a situation enumerated above, the payment to be made pursuant to clause 5 hereof shall be proportionately reduced taking into account the rates set out in Annex 5.
17. INDEPENDENT CONTRACTOR 17.1 At all times the Company (together with his/its employees including drivers and conductors and agents) shall be
deemed to be an independent contractor and shall not under any circumstances be considered an employee, representative or agent of SriLankan Airlines/ SriLankan Aviation College.
18. REPRESENTATION AND WARRANTIES 18.1 Each of the parties hereto warrants that it has the corporate power and authority to enter into this Agreement
and has obtained all necessary licenses, approvals and consents to enter into this Agreement and discharge the obligations in the manner set out herein.
18.2 The Company represents and warrants that the Company has license to provide Transport Service and has
obtained insurance coverage as required under law and clause 11 of the Agreement. 19. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION 19.1 This Agreement shall be governed by the laws of the Democratic Socialist Republic of Sri Lanka and shall be
subject to exclusive jurisdiction of courts of Sri Lanka.
38
19.2 If any dispute or difference whatsoever arises between the Parties in connection with the matters relating to this Agreement or any provision thereof, this shall be resolved bythe courts of the Democratic Socialist Republic of Sri Lanka.
20. NOTICE 20.1 Except otherwise required in the Agreement, all notices , requests, demands, or other communications under
this Agreement shall be in writing and delivered personally or sent by registered mail, telex or facsimile in the case of SriLankan Airlines and the Company to the designated officer and address set out in Annex 4,- with a delivery receipt confirming the same has been received by the recipient.
21. GENERAL 21.1 The rights and remedies of SriLankan against the Company for the breach of any conditions and for any
obligations undertaken by the Company shall not be prejudiced or deemed to be waived by reason of any indulgence of forbearance of SriLankan Airlines
21.2 Nothing in this Agreement shall prevent either party from availing itself of any remedies provided under the
general law in addition to the remedies stipulated in this Agreement. 21.3 If any term or provision of this Agreement or the application thereof to any person or circumstances shall to any
extent be invalid or unenforceable the remainder of this Agreement or application of such terms or provision to persons or circumstances (other than those as to which it is already invalid or unenforceable) shall (to the extent that such invalidity or unenforceability does not materially affect the operation of this Agreement) not be affected thereby and each term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law.
21.4 This Agreement together with the Annexes which shall form an integral part of this Agreement, contains the entire
Agreement between the parties and shall not be varied otherwise than by an instrument in writing of even date herewith or subsequent hereto executed by or on behalf of SriLankan Airlines and the Company respectively by their duly authorized representatives.
22. NO PARTNERSHIP 22.1 Nothing contained in this Agreement shall constitute a partnership between the parties hereto nor constitute the
Company as an agent of SriLankan Airlines/ SriLankan Aviation College.
23. CONFIDENTIALITY
Each party shall, and shall ensure that its servants, employees and agents and the authorised representative(s) treat in
strictest confidence the terms of this Agreement. Neither Party shall disclose information concerning the other party nor
its business imparted to or obtained by it in connection with this Agreement, without the prior written consent of the other
Party. Provided always that either Party may disclose such information if it is manifestly in the public domain at the time
of disclosure or if it is specially required by applicable law or by governmental or authorities’ regulations in which case
the Party required to make disclosure shall notify the other Party prior to such disclosure being made. Each Party's
obligation of confidentiality under this Clause shall survive the termination of this Agreement.
24. INTELLECTUAL PROPERTY
Nothing in this Agreement shall operate in any way so as to assign, transfer or otherwise dispose of any intellectual property rights owned by either party as at the date of commencement of this Agreement without the written consent of the other party. 25. DEFINITIONS In this Agreement, including the recitals and Annexes, except where the context so requires: “Categories” shall mean any Students of SriLankan Aviation College set out in Annex 1. “Basic Fuel Price” shall mean as the stipulated in Annex 5 or other revised amount as set out in any amendment thereto.
39
In witness whereof the parties hereto have caused their authorized representatives to set their hands hereunto and to one other of the same tenor on the date first written above. FOR AND ON BEHALF OF FOR AND ON BEHALF OF SRILANKAN AIRLINES LIMITED …………………………………………… ……………………………………….. Name: Name: Designation: Designation: Witness: Witness: Name: Name: Designation: Designation :
Annex 1 STUDENTS TRANSPORTATION CATEGORIES
Annex 2
SPECIFICATIONS OF THE VEHICLES
Type / age / year of manufacture
Annex 3
Records and the operation centre to be maintained by the Company as required in Clause 2.2 (a) and (b)
b) Log sheets of the trips to be maintained in accordance with the Format “A” below and the Company shall comply with the following: Each trip must be duly signed by the last disembarking SriLankan Aviation College student who travelled in the vehicle Log sheets must forwarded, together with a fortnightly summary of every trip carried out on a twenty-four (24) hour basis, to SriLankan Aviation College at the end of every fortnight. Log sheets must be duly certified by an authorized officer of the Company A log sheet shall be in the attached format. c) Delay reports to be maintained in accordance with Format “B” below and the Company shall comply with the following: A delay report should include all delays, times and reasons for such delays of trips Delay reports shall be duly certified by an authorized officer of the Company and shall be forwarded to SriLankan Aviation College at the end of every fortnight along with the logbook. A nil report must be submitted if no delay has occurred during a fortnightly period. The delay report shall be in the attached format.
Format “A”
Log Sheet
Date Departure Point
Departure time
Arrival Point
Arrival Time
Signature of a student
Format “B” Delay Report
Date Departure Point
Scheduled Departure Time
Actual Departure Time
Arrival Point
Scheduled Arrival Time
Actual Arrival time
Reason for the Delay
Any Changes to the formats set out above should be in writing and should be agreed by the both parties
Annex 4
40
Designated Officers in SriLankan Airlines for Notices
c) Clause 5.1
Invoices for Payments SriLankan Airlines Limited SriLankan Aviation College Bandaranaike International Airport Katunayake Tel- 019733 1221/E-mail: [email protected] Attn- Kalinga Hiranya
Ad-hoc change of vehicle SriLankan Airlines Limited SriLankan Aviation College Bandaranaike International Airport Katunayake Tel-019733 1221/E-mail:[email protected] Attn: Kalinga Hiranya
Permanent change of vehicle SriLankan Airlines Limited SriLankan Aviation College Bandaranaike International Airport Katunayake Tel: 019733 1612/E-mail: [email protected]
Notices in relation to this Agreement except for the purposes mentioned above SriLankan Airlines Limited SriLankan Aviation College Bandaranaike International Airport Katunayake Tel: 019733 1949/E-mail:[email protected]
Notices to the Company SriLankan Airlines Limited SriLankan Aviation College Bandaranaike International Airport Katunayake Tel: 019733 1949/E-mail:[email protected]
Annex 5
Rates and Payment Terms
The rates set out in this Annex comprise the following components: (1) Fuel component (2) Other cost component (Labour cost and Vehicle maintenance) The fuel component of the rates set out above is based upon the Basic Price of Fuel which is quoted by Ceylon Petroleum Corporation as at ……………. being SriLankan Rupees ………… for one litre of ……………. • Clause 8.1 The value of the Bank Guarantee shall be LKR ……………….. The date by which the Bank Guarantee should be submitted to SriLankan Airlines: on or before ……………………… • Clause 5.5 The Account Number and the name of the Bank of the Company are as follows:
41
Payee: A/C No : Bank & Branch :
Annex 6
Name Plate Wording
SriLankan Aviation College Students’ Transport
Annex 7
Liquidated Damages
Annex 8
Term of the Agreement • Clause 12.1 Commencement Date: ………………….. Period of the Agreement:……………………
Annex 9
Route schedule
Departure and Arrival times should be as follows;
Departure and Arrival times should be as follows; • Arrival time at Airline Centre BIA by 0800 hours in the morning. • Departure time from Airline Centre BIA at 1615 hours Route schedule for Sri Lankan Aviation College students transport is as follows:
Annex 10 Drivers
42
ANNEXURE H: LETTER OF UNDERTAKING
SriLankan Airlines Limited [date]
Airlines Centre,
Bandaranaike International Airport,
Katunayake,
Sri Lanka
(hereinafter “SLA”)
Provision of student transport service for SriLankan Aviation College – Katunayake /
Contract Reference: 201832589
[ company name ] bearing registration number [ ] and of the registered address [ address ]
(hereinafter the “Company”] hereby submit the Proposal pursuant to the call for bids to provide
transport services to SriLankan Airlines Limited.
The Company affirms that it is submitting this proposal on a ‘purchase and supply basis’ and
confirm the commitment to purchasing vehicles for the provision of transport services following
all requirements, roles and responsibilities expected from the Company as outlined in the
Invitation For Submission Of Bids, within three (03) months from the date of the Notice of Award.
The Company expressly agrees and undertakes that in the event the Company is selected as the
service provider for SLA;
a. The Company shall submit this Letter of Undertaking to SLA, duly signed and executed,
within seven (07) days from the date of the Notice of Award, in confirmation of its
commitment to purchase vehicles according to the specifications of SLA and to provide
transport services as required.
If the Company fails, neglects or delays to provide the duly signed Letter of Undertaking
as stipulated above, SLA shall deduct 2% of the security bid submitted by the Company.
b. The Company shall submit a copy / copies of the Letter of Credit in relation to the vehicles
the Company shall purchase to fulfil its commitment to SLA, within fourteen (14) days from
the Notice of Award.
If the Company fails, neglects or delays to provide a copy / copies of the letters of credit
as stipulated above, SLA shall deduct 5% of the security bid submitted by the Company.
c. In the event the Company fails to submit a copy / copies of the Letter of Credit as required
under (b) above, a further period of 14 days (“Extended Period”) subject to the 5 %
deduction, shall be granted to the Company to submit a copy/copies of the Letter of Credit.
If the Company still fails to submit a copy/ copies of the Letter of Credit after the Extended
Period, SLA shall deduct a further 10% of the security bid submitted by the Company.
d. The Company shall as committed herein, purchase vehicle/s in compliance with the
specifications given by SLA within three (03) months of the date of the Notice of Award
and commence transportation services prior to the end of that three (03) months.
If the Company fails, neglects or delays to provide transportation services as stipulated
hereinabove, SLA shall retain the full amount of the security bid without prior notice to the
Company.
The Company agrees and acknowledges that this Letter of Commitment is executed in the
intention of creating legally binding obligations on the Company.
43
The Company agrees that it shall indemnify and hold harmless SLA, its directors, officers,
employees, agents, representatives free and clear from and against any and all losses, costs,
expenses including legal fees, claims, damages and liabilities to SLA its officers, agents, employees
representatives or any third parties that may arise pursuant to any breach or relating to any
breach of a term or condition of this Letter of Commitment pursuant to any act, omission or
negligence of the Company.
The Company agrees that this Letter of Commitment shall be governed under the laws of Sri Lanka
and in the event any dispute shall be referred to the courts in Sri Lanka.
Yours sincerely,
[ …………..]
…….
For and on behalf of [Company name]