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Engineering Department, New Engineering Complex Sahar, Vile Parle East, Mumbai-400 099 Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015 To ………………………………. ………………………………. Dear Sir / Madam(s), Sub: Tender for Provision of Allied Maintenance Service Air India Engineering Services Limited (hereinafter referred as AIESL), invites bids under Two Bid System from eligible bidders (hereinafter referred as Service Provider) meeting the Bid Evaluation Criteria (refer Annexure-A of tender document) specified in this tender document, for Tender for Provision of Allied Maintenance Service during the contractual period of three years only in complete accordance with this tender. I. Name of work: Service-Tender for Provision of Allied Maintenance Service II. Earnest Money Deposit (EMD) : Rs. 2,00,000 / - ( Rupees Two Lakhs only) III. Contract period: Three years from the date of commencement after award of contract as detailed in the tender document subject to evaluation of performance every year. IV. Date & time of pre-bid meeting: 30/09/2015 at 1400 hrs. (IST) V. Due date & time for bid submission: Up to 06/10/2015, 1430 hrs (IST) VI. Technical bid opening date & time: 06/10/2015 at 1500 hrs. (IST) VII. Venue: Office of the DGM –Industrial Engineering, New Engineering Complex, Sahar, Vile Parle East, Mumbai-400 099. VIII. Tender fee (bidding document fee) : Not Applicable IX. Validity of bids upto: 02/02/2016. Date and time for price bid opening of technically qualified bidders shall be intimated later. After finalisation of the contract the successful bidders detail shall be displayed in AIESL web site. If any of the days specified above happens to be a holiday in AIESL, the next working day shall be implied. General Information: Air India Engineering Services Limited (AIESL) is floating a Tender to enter into contract with capable party to provide Allied Maintenance Service I /We agree to comply with all terms and conditions Signature and Stamp of Bidder Page 1 of 48

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Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015To ………………………………. ………………………………. Dear Sir / Madam(s),

Sub: Tender for Provision of Allied Maintenance Service Air India Engineering Services Limited (hereinafter referred as AIESL), invites bids under Two Bid System from eligible bidders (hereinafter referred as Service Provider) meeting the Bid Evaluation Criteria (refer Annexure-A of tender document) specified in this tender document, for Tender for Provision of Allied Maintenance Service during the contractual period of three years only in complete accordance with this tender.

I. Name of work: Service-Tender for Provision of Allied Maintenance Service II. Earnest Money Deposit (EMD) : Rs. 2,00,000 / - ( Rupees Two Lakhs only)

III. Contract period: Three years from the date of commencement after award of contract as detailed in the tender document subject to evaluation of performance every year.

IV. Date & time of pre-bid meeting: 30/09/2015 at 1400 hrs. (IST) V. Due date & time for bid submission: Up to 06/10/2015, 1430 hrs (IST)

VI. Technical bid opening date & time: 06/10/2015 at 1500 hrs. (IST) VII. Venue: Office of the DGM –Industrial Engineering, New Engineering Complex, Sahar,

Vile Parle East, Mumbai-400 099. VIII. Tender fee (bidding document fee) : Not Applicable

IX. Validity of bids upto: 02/02/2016.

Date and time for price bid opening of technically qualified bidders shall be intimated later. After finalisation of the contract the successful bidders detail shall be displayed in AIESL web site.If any of the days specified above happens to be a holiday in AIESL, the next working day shall be implied.

General Information: Air India Engineering Services Limited (AIESL) is floating a Tender to enter into contract with capable party to provide Allied Maintenance Service

One set of Tender documents containing following Annexures in respect of the above services is enclosed.Annexure A: Bid evaluation criteria Technical & Price bid,Annexure B: Terms & Conditions governing the bidAnnexure C: Terms and Conditions governing the functional aspect of the contractAnnexure D: Work ScopeAnnexure E: Pro forma for technical bid along with checklistAnnexure F: Indemnity bond formatAnnexure G: ESI/PF submission formatAnnexure H: Price bid proforma

General Manager EngineeringFor Air India Engineering services Ltd.

I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

Page 1 of 29

Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015

Annexure-Aa. Bid Evaluation Criteria-Technical(BEC-Technical)}For Bidders to become technically qualified, it is necessary and essential to meet out the following criteria, failing any of which shall disqualify the bidder. Necessary documentary proofs in respect of each of the following need to be enclosed along with technical bid.

1. The Service Provider shall be a limited Company registered under Indian Companies Act, (1956 or 2013) or a partnership firm or a sole proprietorship firm or a private limited company duly registered under the concerned acts applicable for conducting business in India.

2. The Service Provider shall have minimum 1year experience of having provided such Allied Maintenance Service to industry engaged in manufacturing / maintenance of heavy equipment.

3. The tenderer must be a firm having a minimum annual turnover of Rs. 50Lacs (Rupees Fifty lacs) during the financial year 2013-2014. (A copy of audited balance sheets and P&L A / c, duly signed & stamped / sealed by the Proprietor / Director / authorized signatory shall be enclosed or auditors certificate to that effect as a proof of above).

4. Only the tenderers who qualify successfully in the technical bid, as given in Annexure ‘E’ will be considered for their Price bids, and will be intimated regarding the same. Intimation may be sent to the tenderers who do not qualify in the technical bid, citing reasons thereof. No correspondence in this regard shall be entertained.

5. Other criteriaa. The tenderer must have PAN No., VAT & Service-Tax registration No., at the time of

tender application. b. The tenderer shall be duly registered with the concerned ESI & PF authorities at the

time of application of tender.c. The tenderer must hold a valid current labour license for existing contracts. (Only

one copy of the valid license shall be enclosed as a proof of above).d. The tenderer have valid BCAS / Airport clearance to undertake job in Airport

premises shall be preferred.The evaluation shall be based on the documents presented to establish above criteria under a weighted average system of 100 points out of which 85 points shall be the qualifying marks. The list of documents and scoring points shall be as per the checklist of Annexure E.

b. Bid evaluation Criteria of Technically qualified bidders- Price (BEC-Price)The successful tenderer / s shall be selected on the basis of the lowest rates quoted by them in their Price bids, as given in Annexure ‘H’.

I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

Page 2 of 29

Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015

Annexure-BTERMS and CONDITIONS governing the BID:The terms and conditions under which the Bid shall be governed are as follows.

1. ‘AIESL’ as used in the Tender document means ‘Air India Engineering Services Limited’ and its subsidiary companies.

2. The Service Provider having franchisee / sister concern arrangement can offer only one quote on behalf of all concerns under that arrangement.

3. The “Tenderer”, “Bidder”, “Service Provider” and / or “Party”, as used in the Tender document, shall mean the one who has signed the Tender Form and submitted the quotation in response to this Tender for Allied Maintenance Service.

4. The Tender shall mean the present tender issued by AIESL for Tender No. EB/GM/I-16/230 dated 22/09/2015 for Provision of Allied Maintenance Service assigned by AIESL or AIL subsidiaries / sister concerns (which shall include client airlines serviced by AIESL or its subsidiaries) as mentioned herein.

5. It is further clarified that any individual signing the TENDER or other documents in connection with the Tender must certify whether he / she is signing in his / her capacity of:

a. A "Sole Proprietor" of the firm or constituted attorney of such sole proprietor.b. A partner of the firm - if it is a partnership must have authority to refer to arbitration,

disputes concerning the business of the partnership either by virtue of the partnership agreement or a power of attorney. In the alternative, the Tender shall be signed by all the Partners.

c. Constituted attorney of the firm, if it is a Company.d. Authorized signatory of the firm.

6. The near relatives of employees of AIESL are prohibited from participation in this Tender. Near relatives are defined as:

a. Members of Hindu undivided family.b. Their husband or wifec. Relatives in the manner as father, mother, son(s), son’s wife, and daughter(s),

daughter’s husband, brother(s), brother’s wife, sister (s) and sister’s husband.

7. Any company blacklisted by AIESL or Air India subsidiaries is prohibited from participating in this tender.

8. The intending Tenderers shall visit the site at their own cost and make themselves thoroughly acquainted with all the information necessary including contingencies, risks and other information’s to enable them to prepare a proper offer against this tender.

9. The bid shall be prepared by the “Bidder itself” and shall be sent to AIESL directly. AIESL reserves the right to reject offers made by intermediaries / representatives.

10. All bids received against this tender, from bidders who submit their bid based on tender document downloaded from web site, shall be evaluated as per the Bid Evaluation Criteria -Technical / price provisions of tender document.

I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

Page 3 of 29

Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015

11. Issue / submission of Tender form do not necessarily mean that the Tenderer is an eligible Party.

12. ZERO DEVIATION Bidder is advised to quote strictly as per terms and conditions of tender document and not to stipulate any deviation / exceptions / conditions. This is a zero deviation tender.

13. Bidder to note that taking deviation to following clauses of tender documents shall lead to rejection of their bids: a. Firm Price and award criteria 35ab. EMDc. Scope of Work d. Special Conditions of Contract e. Service Delivery Schedule f. Period of Validity of Bid g. Performance Bank Guarantee / Security Deposit h. Guarantee of work / Services / equipmenti. Service level agreementj. Arbitration / Resolution of Dispute k. Force Majeure l. Statutory Compliance to Applicable Laws m. Registration of PF & ESIC in the name of Firmn. Indemnity Bond on non-judicial of Rs. 200 / - duly notarised as per Annexure F. o. All the pages of the tender document must be mandatorily signed and stamped by the

authorised signatory and along with the supporting documents as asked in the technical bid.

p. All documents in support of the tender must be submitted in accordance with the checklist as per Annexure E.

q. Any other condition specifically mentioned in the tender documents elsewhere that non-compliance of the clause shall lead to rejection of the bid.

14. Pre bid meetinga. The purpose of the pre bid meeting shall be to clarify issues and to answer questions on

any matter that may be raised at that stage.b. Venue for pre bid meeting is Office of the AGM –EFD, New Engineering Complex,

Sahar, Vile Parle East, Mumbai-400 099. Date and time for the meeting is 30/09/2015 at 1400 hours (IST)

c. Text of the questions raised and the responses given, together with any responses prepared after the pre bid meeting, shall be transmitted without delay (without identifying the sources of the question) to all participants to the Pre-Bid meeting, and shall also be displayed in our website. Any modification of the bidding documents listed in tender that may become necessary as a result of the pre-bid meeting shall be made by the AIESL exclusively through the issue of an Addendum / Corrigendum separately and shall be available for download from our website.

d. Non-attendance of the pre-bid meeting shall not be a cause for disqualification of a bidder. Addendum and / or Corrigendum, if any, to the tender document, shall be hosted on the website subsequent to the pre-bid meet which shall be referred and taken into consideration by the parties.

e. Interested bidders who desire to attend the pre bid meeting shall communicate two days in advance to the pre bid meet scheduled date to make necessary arrangements for entry

I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

Page 4 of 29

Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015

passes with names of their representative by email to [email protected] with clearly mention of the subject as “Allied Maintenance Service Tender”. Such representative (only one for each party) shall carry an authority letter to that effect on company letter head from the authorised signatory for the company as per clause 5 above of this document as well as identity card.

15. Earnest Money Deposit (EMD): The Tenderer shall furnish along with Technical Bid, Earnest Money (refundable) of Rs.2,00,000 / - ( Rupees Two Lacs) only in the form of crossed Bank Demand Draft drawn on any Nationalized / Scheduled bank in favour of “Air India Engineering Services Limited” payable at Mumbai.Tenders received without or lesser EMD shall be rejected.

a. Tenders without EMD shall be summarily rejected (other than parties meeting the exemption criteria as per clause 16)

b. EMD so deposited shall not carry any interest.c. In case, the successful Tenderer refuses to accept the LOI / Contract or fails to abide

by any terms of the Tender / fails to commence the work within stipulated time, EMD of successful tenderer shall be forfeited and such successful tenderer shall be blacklisted for a period of 6 years from participating in any tender / work of AIESL / AIL & its other subsidiaries.

d. In case of successful Tenderer, EMD can be adjusted against Security Deposit / Performance Guarantee and difference, if any, shall be paid to the other by either party as the case may be.

e. In case of technically disqualified Tenderer, EMD shall be refunded without interest, within 10 days after opening of Price bids and in case of unsuccessful Tenderer of Price bid, EMD shall be refunded without interest, within a month after finalization of the Tender and acceptance of the LOI by successful tenderer.

f. EMD shall be forfeited in case the party withdraws their offer tender at any stage of the tender process.

g. EMD shall continue to be in full force and effect till that the security deposit is provided by the successful tenderers to AIESL.

16. The firms registered with NSIC / SSI (under its Single Point Registration Scheme) shall be exempted from the payment of earnest money deposit provided they are registered for the service they intend to quote against AIESL tender, provided attested copy of Certificate of Registration with NSIC / SSI is submitted. The Government departments / PSUs shall also be exempted from the payment of earnest money.

17. Bidder(s) are advised to quote strictly as per the terms and conditions of the tender documents and not to stipulate any deviations / exceptions / inclusions. Once quoted, the Bidder shall not make any subsequent price change after due date and time of submission of bid. Price changes through any other mode shall render the offer liable for rejection and if indicated with the word negotiable shall also be as well summarily rejected.

18. Mode and method for Submission of Bids:

The offer shall be submitted in two bid format. a. Technical bid and b. Price bid as follows.a. Envelope 1-The technical bid covering all details as mentioned in the formats with

Earnest money deposit for Rs.2 lacs and all enclosures such as signed copy of the tender document and all other supporting enclosures as demanded to accompany the technical

I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

Page 5 of 29

Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015

bid elsewhere in the tender need to be necessarily submitted in a separate sealed envelope superscribing the enquiry reference EB/GM/I-16/230 Date: 22/09/2015 Technical bid in bold letters with Service Provider’s name.

b. Envelope 2-The price bid need to be submitted in a separate sealed envelope superscribing the enquiry reference EB/GM/I-16/230 Date: 22/09/2015 Price bid in bold letters with Service Provider’s name.

f. Envelope 3- Both these envelopes need to be put in a sealed master envelope superscribing the enquiry reference EB/GM/I-16/230 Date: 22/09/2015 in bold letters with Service Provider name and addressed to AGM –EFD, New Engineering Complex, Sahar, Vile Parle East, Mumbai-400 099.

c. The bid envelopes shall be submitted at the above address in person or by post / courier so as to reach up to 06/10/2015, 1430 hrs (IST).

d. Tender documents sent through Post or Courier shall be at the risk of the Tenderer and AIESL shall not be responsible for any loss or non-receipt of the Tender documents.

e. Tenders received after due date / time shall not be entertained / considered.

19. If Tender Closing / Opening date is declared a Holiday by Mumbai Office of AIESL, the last date of Submission / Opening of the Bids shall automatically stand extended to 1430 Hours of the next working date.

20. Subsequent to bid submission, AIESL shall not seek confirmations / clarifications / documents and any bid(s) not in line with tender conditions shall be liable for rejection. Bidders are requested to go through all the clauses of this tender carefully and then submit the documents / confirmations strictly as per the check list enclosed in the tender document.

21. AIESL reserves the right to accept or reject any or all offers without assigning any reason, whatsoever.

22. AIESL reserves the right to allow Purchase preference to SSI / NSIC registered firms or Public Sector Undertakings as admissible under the prevailing policy of Govt. of India.

23. The following requirements shall be strictly complied with by the Tenderer:a. Tenderer shall initial all the corrections if any appearing in its technical bids. No

corrections shall be accepted in the price bid.b. Tenderer shall number, sign and stamp all pages of the tender document and all the

enclosures accompanying the tender document before submission of the tender.c. The tender shall be accompanied by a certified true copy of the power of attorney who is

vested with the power to sign this tender bid documentsd. These tender documents with Annexures / enclosures are to be submitted along with

technical bid excluding Annexure H (Price Bid).

24. Rejection of Bids(Technical and Price ):The response to the Technical Bid and Price Bid shall be rejected forthwith without evaluation of the Tender process on the following grounds:

a. If the Bid (Technical and / or Price) has been received after due date and time as mentioned in the Tender.

b. If only the Technical Bid has been received and the Price Bid has not been received, and vice versa.

c. If the Bid (Technical and / or Price) have been received by fax or email.d. If the Bid (Technical and / or Price) have been received unsigned / unstamped on any

I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

Page 6 of 29

Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015

page.e. If the Bid (Technical and / or Price) has been received in an open condition.f. If the Technical Bid has been received without EMD & or the EMD is lesser than the

amount specified or the EMD fee has been submitted in a mode other than as specified at clause 15 above in this document of the Tender.

g. Any reasons for rejection of bid as cited against any clause anywhere else in this tender document.

25. Queries from the Tenderer during bid evaluationa. In case if any clarification is required with regards to Tender, the same may be

obtained from Air India Engineering Services Limited before the Technical bid opening for Queries with Sh. DB Nile, Assistant General Manager - EFD, by email to [email protected]. Please ensure it carries the subject Provision of Allied Maintenance Service. Please note no queries shall be entertained by AIESL post pre bid meeting & technical bid opening.

b. During the process of the evaluation of bids, no queries shall be entertained from the Tenderer with regard to the status of the evaluation. If required, the Tender committee members of AIESL shall visit the premises of the Tenderer to verify all the supporting documents provided.

26. Technically Disqualified Bidsa. Price bids of the technically disqualified Tenderers would be returned to them after

finalization of the Contract under intimation and against acknowledgement from the Tenderer.

b. In case a Tenderer fails to collect the Price Bid within the stipulated 30 days’ time, the bid shall be shredded in "as is where is" condition after expiry of 30 days’ time.

27. Extension of due date The Due date / time of submission of Tender and opening of Technical Bids may be extended at any time, at the sole discretion of AIESL and shall be hosted on our website.

28. Due / Last date for submission of the tenderLast / due Date for submission of Tender is up to 06/10/2015, 1430 hrs (IST) in the Office of the AGM –EFD, New Engineering Complex, Sahar, Vile Parle East, Mumbai-400 099.

29. Date of opening of the tenderOpening of Tender at the above address on 06/10/2015, 1500 hrs (IST), interested parties / authorised representative shall participate , carrying due identity proof or letter signed and stamped by the authorised signatory as mentioned in clause 5 above of this document of the tender.

30. Tenderer shall give the official mailing Address, email id and Fax Numbers to which all correspondences shall be sent by AIESL. Also if address is changed, the same shall be intimated to AIESL immediately.

31. The Tenderer shall quote in figures as well as in words, the rate and amount. The language for filling Tender Documents shall be in English. The amount for each item shall be marked out with the requisite total.

I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

Page 7 of 29

Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015

32. When there is a difference between the rates in figures and in words, the rates which corresponds to, the amount worked out by the Tenderer, shall be taken correcta. When the amount of any item is not worked out by the Tenderer or it does not

correspond to the rate written either in figure or in word, then the rate quoted by the Tenderer in words shall be taken as correct.

b. When the rate quoted by the Tenderer in figures and in words tallies but the amount is not worked out correctly, rate quoted by the Tenderer shall be taken as correct and not the amount

c. All rates shall be quoted on the proper form of the Tender alone. Special care shall be taken to write the rates and amount in figures as well as in words. The total amounts shall be written in figure. In case of figures the words “Rs.” shall be written before the figures of rupees and words “paise” after the decimal figures, e.g. Rs.2.15paise and in case of words, the word “Rupees” shall precede and the word “Paise” shall be written closely following the amount and it shall not be written in the next line.

33. Any notice by one party to the other pursuant to the submissions to the bid / tender, shall be sent in writing to the address specified for that purpose in the Tender / bid submissions.

34. Price NegotiationAs it is not the general norm for AIESL to carry out price negotiations following evaluation of the price Bids, the Tenderer are advised to submit their best quotes in response to this Tender. AIESL however, reserves the right to carry out negotiations in exceptional cases with the Tenderer who has been evaluated by AIESL as having offered the lowest bid in response to the Tender.

35. Award of Contract, Acceptance, Commencement & Agreement The award of Contract shall be subject to fulfilment (in addition to eligibility criteria and the Undertakings) of following conditions by the Tenderer: -

a. The contract shall be awarded to L1 (overall lowest bidder).b. The Tenderer has to convey acceptance of LOI (Letter Of Intent) within 7 days of

receipt of letter of intent. c. The Tenderer has to deploy personnel for the job within 30days after acceptance of

LOI.d. The successful tenderer shall execute an agreement on Rs200 / - non judicial stamp

paper within 45 days of after acceptance of LOI.

36. Forfeiture of EMDEMD forfeiture, if the bidder

a. Withdraws their offer at any stage of the tender process after due date of technical bid submission and opening.

b. FAILS to start the contract within the specified stipulated period after award of the contract or LOI

37. Fraudulent practices: AIESL requires that bidders / contractors observe the highest standard of ethics during the bid and execution of contracts. In pursuance of this AIESLa. defines, for the purposes of this provision, the terms set forth below as follows

i. “corrupt practice” means the offering, giving or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution;

I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

Page 8 of 29

Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015

ii. “Fraudulent practice” means a misrepresentation of facts / forging in order to influence a procurement process or the execution of a contract to the detriment of the AIESL, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the AIESL of the benefits of free and open competition.

b. shall reject a proposal for award if it determines that the bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question

c. Shall declare a firm ineligible and blacklist such firm, either indefinitely or for a stated period of time if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing a contract.

d. Shall rescind the contract forthwith, in case of successful bidder adopting fraudulent / forgery / corrupt practices during the currency of the contract.

e. EMD or Security deposit as the case be, shall be forfeited in addition to blacklisting such firms as mentioned above in sub clause c.

38. Errant BiddersIn case after price bid opening the lowest evaluated bidder (L1) is not awarded the job for any mistake committed by them in bidding or withdrawal of bid or varying any term in regard thereof leading to re-tendering, AIESL shall forfeit Earnest Money paid by the bidder and such bidders shall be debarred from participation in re-tendering of the same job(s) as well as against any tender enquiry for any service sought by AIESL or its subsidiaries at all locations.

39. Black listing conditionsThe party shall be black listed from participating in any AIESL tenders for next six years in casea. Adopts fraudulent practices as cited above in clause 37 and against errant bidders as

specified in clause 38.b. Withdraws after award of the contract / LOI and fails to commence within the specified

stipulated period and perform the contractual obligations during the currency of the contract.

40. Price Bid ValidityThe price bid offered by the party shall be valid for 120 days from the date of technical bid opening. Any bid whose validity is less than 120 days shall be summarily rejected and such Tenderer shall not take further part in the tender process.

I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

Page 9 of 29

Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015

Annexure-CThe Terms and conditions that shall govern the functional aspect of the contract are as follows.

1. Rate and Validity:i. Inclusions

The rates offered / finalized / agreed by the Tenderer shall be inclusive of all the costs thereon incurred to deliver the services as per the work scope subject to exclusions mentioned below.

ii. Exclusionsa. The minimum wages as applicable for skilled manpower as per central / state

Government rules. This shall be paid as applicable.b. The Airport / MIAL charges as applicable to AIESL shall be reimbursed against

copy of proof of payment duly endorsed by the authorized signatory of the Service Provider along with copy of bill from the concerned agency to the value component as applicable to the corresponding airport areas only.

c. The Service Tax (including education cess) on applicable rates is excluded. This would be reimbursed separately by AIESL on production of receipt as proof of payment for the previous month Service Tax amount.

d. Any other tax as per Government laws as and when made effective after the due date of the tender.

iii. Validity& Extension:a. Service charge rates finalized and agreed shall remain firm during the full

Contract period. No request shall be entertained for increase of rates during the validity of the Contract and extensions except the revision of applicable Minimum Wage rate.

b. Subject to clause c below, the Contract shall be awarded for a period of three years from the date of commencement of the Contract. However the first three months shall be a trial period to assess the service provider capability and shall be allowed for term if found satisfactory. AIESL however reserves the right to extend the Contract for a further period not exceeding one year on same terms, rates and conditions.

c. During the trial period, if the services rendered by the successful tenderer are found to be unsatisfactory / not to the standard required to be maintained as per AIESL’s requirement, the contract shall be terminated by AIESL immediately, at its sole discretion.

2. Security Deposit / Performance Guaranteei. The successful Tenderer, on award of LOI / Contract, shall deposit, and continue to

maintain for the entire period of agreement plus three months thereafter, a sum equivalent to 5% of the value of Contract as estimated by AIESL, an unconditional and irrevocable Security Deposit / Performance Guarantee in the form of Demand Draft / Pay Order / Bank Guarantee from a Scheduled / Nationalized Bank.

ii. The Security Deposit / Performance Guarantee have to be deposited prior to the time of commencement of the works.

iii. In case, Security Deposit / Performance Guarantee are not deposited in time, the bills shall not be processed for payment till the security deposit is made good.

iv. In case of breach of Contract or violation of any terms of the Contract the Security Deposit / Performance Guarantee shall be forfeited / bank guarantee be invoked.

v. Such Security Deposit / Performance Guarantee shall not bear any interest, and shall be refunded without interest only on successful completion of the awarded work and on fulfilling of all Contractual obligations after a claim period of 3 months.

I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

Page 10 of 29

Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015

vi. In case of Bank guarantee the validity shall be to full validity period plus 3 months, the same shall be returned after successful completion of the contract and on fulfilling of all Contractual obligations after the claim period of three months.

vii. In case the EMD is converted and adjusted towards the security deposit the differential component need to be paid by the party prior to commencement of the job.

viii. In case the EMD amount is in excess to the security deposit the differential amount shall be reimbursed by AIESL along with first bill amount or alternatively on submission of bank guarantee as cited above.

ix. In case of partial or total encashment of security deposit by AIESL, the successful tenderer shall reinstate the security deposit to its original level within 10 days, failing which the contract may be terminated by AIESL at its sole discretion.

3. Execution of Job:a. The successful tenderer has to convey acceptance of Contract in writing within 7

working days of receipt of LOI.b. The successful tenderer has to execute an agreement of Terms & Conditions of the

contract on a non-judicial Stamp Paper of Rs 200 / - within 45 days of his acceptance of the LOI, which shall be duly notarized. The cost of the Stamp Paper and notarization shall be borne by the successful tenderer on its own.

c. The successful tenderer shall be required to commence the services on 22/10/2015 after acceptance of LOI.

d. The successful tenderer before final commencement of services shall be required to give adequate training to his manpower regarding the services to be carried out on aircraft without any liability to the AIESL.

4. During the currency of the contract the Service Provider shall not sub contract the job and the contract is not transferable / assignable.

5. General Requirements:The staff employed by the tenderer for carrying out the subject work shall do so at the sole risk & responsibility of the tenderer. Further,a. Supervision of personnel / employee provided by the successful tenderer shall be the

responsibility of the successful tenderer itself. The successful tenderer shall ensure the quality of services rendered by its personnel and in case of any complaint; the successful tenderer shall have to replace the concerned personnel forthwith. AIESL further reserves the right to refuse entry of any such personnel for rendering the aforesaid services.

b. The successful tenderer must deploy at its own cost the supervisors in adequate numbers to monitor the work allotted to the employees / staff on day-to-day basis taking into account the requirements advised by AIESL from time to time.

c. The services shall be carried out by the successful tenderer by deploying trained personnel.

d. While performing the Allied Maintenance Service by the personnel of the successful tenderer, if any item belonging to AIESL or AIL’s Passengers is found, the same shall be deposited immediately with the AIESL’s Shift In charge Engineering / security staff present on the aircraft, against a receipt.

e. After performing the Allied Maintenance Service, the personnel of successful tenderer shall be available near the concerned aircraft till the time the services are accepted by the AIESL’s officials designated for the purpose.

I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

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Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015

f. The successful tenderer shall personally visit the place of work on a regular basis to ensure smooth execution of work by its staff.

6. InsuranceService Provider shall have necessary valid Insurance Policies on Companies approved by the Government to cover all the risks including third party, against injury other acts and deeds of their deployed personnel at AIESL premises during the currency of contract as detailed in conditions of Contract and produce all such documents for AIESL designated representative for verification as when asked for and a copy shall be submitted for AIESL records.

7. Undertakings: The tenderer shall provide the undertaking along with the acceptance of LOI as detailed belowa. The tenderer shall have the registrations and licenses under all the applicable local and

central taxes / laws and to be specified separately under each applicable tax / law / Act (i.e. Service Tax / Income Tax Act / Customs Act etc.) shall be produced forthwith for verification / checking of AIESL or to a third party authorized by AIESL / agencies of Govt. of India.

b. The tenderer shall have the requisite work as per enclosed work scope would be completed to the satisfaction of AIESL.

c. The Tenderer must give an undertaking along-with the Technical Bid that within One Month from the receipt of LOI (letter of intent), they shall obtain Form-V from Air India Engineering Services Ltd and arrange license under Contract Labour (Regulation & Abolition) Act, 1970 issued by the Competent Authority. In the event of the Service Provider not be covered by the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 for any reason whatsoever, the Service Provider shall obtain a letter from the concerned labour authorities confirming the same.

d. The Service Provider shall refund to Air India Engineering Services Ltd in case there is a reduction in airport levies / fee based on guidelines / notice received from AERA with effect from the specified date in the notice.

8. Compliance of labour lawsa. The Tenderer shall be liable for due observation and implementation of the statutory

conditions or requirements of labour laws as applicable to its employees. The Tenderer shall duly comply with all Central and State Acts, laws including Contract Labour (Regulation and Abolition) Act, 1970 or other statutory rules, regulations, bye-laws as applicable or which might be applicable.

b. The Tenderer shall at all times indemnify and keep indemnified the Company against any / all claims under the Workmen’s Compensation Act; Payment of Wages Act, Payment of Bonus Act; Employees’ Provident Funds & Miscellaneous Provisions Act; Payment of Gratuity Act, Minimum Wages Act, Employees’ State Insurance Act or any other Act(s) or statutory amendments / modifications thereof or otherwise for or in respect of any claim for damage or compensation payable in consequence of any accident or injury / death sustained by any worker or other personnel of the Tenderer or in respect of any claim, damage or compensation under Labour Laws or any other laws or rules made thereunder, by any person whether in the employment of the Tenderer or not, who provided or provides the said Services under this Agreement.

c. The Tenderer shall undertake to comply with the applicable provision of all welfare legislations and more particularly with the Contract Labour (Regulation and Abolition) Act, 1970, if applicable, for carrying out the purpose of this Agreement. The Tenderer shall further observe and comply with all Government Laws concerning

I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

Page 12 of 29

Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015

employment of staff employed by the Tenderer and shall duly pay all sums of money to such staff as may be required to be paid under such laws. It is expressly understood that the Tenderer is fully responsible to ascertain and understand the applicability of various Acts, and take necessary action to comply with the requirements of Law.

d. The Tenderer shall indemnify and compensate the Company, if the Company as Principal Employer under the Contract Labour (Regulation and Abolition) Act, 1970 becomes liable to assume any liability towards the workforce engaged by the Tenderer. In that event, the provisions relating to recovery as provided in the relevant clauses of the said Act shall be applicable in Toto. The Tenderer must ensure that within One Month from the receipt of LOI (letter of intent), they shall obtain Form-V from AIESL and arrange license under Contract Labour (Regulation & Abolition) Act, 1970 issued by the Competent Authority. In the event of the Service Provider not covered by the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 for any reason whatsoever, the Service Provider shall obtain a letter from the concerned labour authorities confirming the same.

e. The Tenderer shall ensure that their firm is covered under the Employees Provident Fund and Miscellaneous Provisions Act and Employees State Insurance Act having its independent Code number. Thus the tenderer shall ensure that all the eligible employees are covered under these Acts.

f. The Tenderer while submitting bills to the Company as above, the Tenderer shall also render documentary evidence with an undertaking of the deposits of Provident Fund / ESI contributions made by them in respect of the workforce under consideration for payment of wages, failing which, the payment of the bill by the Company shall be withheld until such compliance. Copy of the format for details to be furnished is attached in Annexure G.

g. At no stage of the Contract shall the employees of the Tenderer be deemed to be employees of AIESL. The Tenderer shall be liable not only to pay wages to his employees but overtime, any compensation, notice pay, gratuity or bonus as payable and the Principal Employer shall not be held liable for any obligation of the Tenderer. Further the Tenderer shall be responsible for providing facilities such as canteen, transport and medical to his employees as it shall not be binding on AIESL to provide these facilities to the persons deployed by the Tenderer. The Tenderer shall make arrangements to provide proper and valid identity cards to the employees.

h. In case, while on duty and during the course of engagement in the work premises of the Company under this Agreement, if any of the Tenderer’s workforce meet(s) with any injury indisposition due to the accident or other natural calamities, the Tenderer shall ensure that immediate and adequate medical aid viz. First-aid and subsequent treatment facilities are provided to the person(s) concerned free of cost and without fail. In addition, the Tenderer shall also be liable for meeting with statutory liabilities under the Employee’s State Insurance Act, 1948.

i. The Tenderer shall perform the work assignments to the utmost satisfaction of the Company. In case of unsatisfactory performance, intimation shall be given in writing to the Tenderer and the Company reserves the right to cancel the Contract forthwith after due notice period. In that event the legal payments made to the workforce of the Tenderer shall be fully recoverable from the Tenderer from his Security deposit / outstanding bills.

j. The Service Provider shall maintain proper record / register as required under the Contract Labour (Regulation and Abolition) Act 1970 or any other acts, rules and other relevant enactments thereon. The Records / Registers shall be produced for Verifications / Inspections as and when required by AIESL. AIESL reserves the right

I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

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Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015

and power to check regarding statutory payments of Wages, ESI, EPF, Service Tax, as considered necessary. The Tenderer shall possess a valid licence for the jobs being carried out. The said licenses and permission issued by statutory authorities shall be renewed from time to time and kept valid during the currency of the contract.

k. The Service Provider shall be the employer of his personnel and AIESL shall not be held partially or fully responsible for any dispute that may arise between the Service Provider & his Personnel.

l. It shall be sole responsibility of the Service Provider to settle disputes if any, rising out of the engagement between the Service Provide and the personnel engaged by them. The management of AIESL shall not in any way be responsible, in the event, the personnel approach to the competent authority, under any Labour Act or the Court, the entire expenses in this behalf shall be borne by the Service Provider. For failure, the Service Provider shall alone be responsible for all action initiated by the Enforcing Agencies of the Government & others, including penalties imposed thereon and AIESL shall have no obligation towards them.

m. That the Tenderer hereby confirms that the said Tenderer, have registered their firm / company with each and every authority under all applicable provisions of law, requiring registration and Tenderer further confirms that all licenses required under each and every applicable provisions of law had been granted to the said Tenderer and that the provisions of Contract Labour (Regulations and Abolition) Act, 1970, Employees Provident Fund and Misc. Provisions Act, 1952, Employees State Insurance Act, 1948, Payment of Wages Act, 1936, Workmen's Compensation Act, 1923 and Minimum Wages Act, 1948, Employer Liability Act, 1938 are being followed by the said Tenderer in strict compliance thereof. The Tenderer shall ensure that all returns that are required to be submitted under the applicable labour laws shall be submitted from time to time.

n. All payments shall be made to the workmen deployed by Service Provider on a monthly basis. Attendance register incorporating all details of attendance in respect of the workmen deployed by them is to be maintained. The Tenderer shall ensure that the disbursement of wages to the persons deployed / engaged by them shall be made on or before the 7th of each month. Payments are to be made each month in the presence of a nominated representative of the Management of the company. The signature of the nominated representative shall be obtained on the salary sheets, date of disbursement to be indicated and official stamp to be affixed.

o. The Tenderer shall strictly ensure that Minimum Wages as stipulated by the appropriate Government is paid each month to the workmen deployed by them. The Tenderer shall issue salary slips to each of the workmen engaged by them every month in respect of the wages paid. The Tenderer shall ensure that the workmen deployed by them are granted a paid weekly off. This shall be a mandatory compliance.

p. The Tenderer shall not engage any workmen below the age of 18 years. The Tenderer shall produce age proof in respect of the workmen deployed by them.

q. The Tenderer shall indemnify Air India Engineering Services Limited at all times against any damages so caused to the Company on account of failure on the part of the Tenderer to obtain such licenses and permission. The successful Tenderer shall furnish an indemnity Bond as per format attached on a separate non-judicial stamp paper of Rs. 200 / - duly notarized. Copy of the Indemnity Bond to be furnished is attached as Annexure F.

I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

Page 14 of 29

Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015

9. Indemnificationa. The successful tenderer shall indemnify AIESL against third party claims arising out of

acts and deeds on the part of Service Provider’s personnel deployed for the work . The successful tenderer shall also indemnify AIESL agaisnt any loss or damage by its personnel to AIESL personnel or property including aircraft, machinery, equipment or buildings. In case, any such amount is not deposited / paid to AIESL, the same shall be deducted from Security Deposit / Bills / Future payments due to the successful tenderer.

b. In the event, AIESL pays or is made responsible to pay the compensation for / towards non-compliance of statutory and labour provisions / any other reason, the successful tenderer shall indemnify and keep indemnified AIESL to the full compensation in this regard.

c. In case of injury or loss of AIESL staff due to any act or deed of successful tenderer’s employee or due to an accident, the successful tenderer shall arrange to pay AIESL employee or AIESL employee’s legal heirs as per existing Govt. rules and regulations. The insurance claim settlement shall be the sole responsibility of the successful tenderer. The legal costs shall also be borne and paid by the successful tenderer.

d. The Tenderer shall indemnify against any clauses elsewhere as referred to in this tender document which specifies so.

10. Claims for Damagea. AIESL shall promptly notify the Tenderer of any claims / deficiency on the part of the

Tenderer arising under / out of the Contract.b. In case the Tenderer, having been notified by AIESL, fails to take remedial action within

the stipulated time as advised, Air India Engineering Services Limited may take a remedial action without any further notice, at the Tenderer’s risk and cost. AIESL shall also levy penalty / terminate the Contract without prejudice to any other rights which AIESL may have on the Tenderer under the service Contract.

11. Compliance of Security regulationsa. The successful tenderer shall obtain the requisite approval from regulatory authority of

the concerned airport and Bureau of Civil Aviation Security (BCAS), Government of India etc., before commencement of the work, as made mandatory for any Ground Handling Agency carrying out functions in the restricted areas of said Indian Airports.

b. The successful tenderer shall ensure compliance and shall be solely responsible for all the safety and security regulations of AIESL, BCAS, MIAL / Airport Authority of India or any other agency associated with airports activity are strictly adhered to and complied with by personnel deployed by the successful tenderer.

c. Any violation of security regulations and indulging in illegal activities including but not limited to smuggling / theft by successful tenderer’s personnel shall be at the cost / risk of successful tenderer and shall be liable for all the legal consequences thereof.

d. The successful tenderer shall ensure a prior verification of character and antecedents of its personnel from local Police before deployment, being AIESL as “protected industry” and Airport as “protected area”. Every employee’s photograph, copy of Police verification of character and antecedents and successful tenderer undertaking to be furnished to AIESL’s Security Department, before its deployment for rendering the services. It shall be successful tenderer’s responsibility to submit / surrender the Airport Entry Passes (AEP) of its employees immediately to AIESL when demanded.

e. The successful tenderer shall provide at its own cost the proper uniforms (bearing company name and logo) of distinct colour, with high visibility jackets (approved by

I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

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Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015

AIESL) & appropriate protective clothing / gear as mandated, for the personnel deployed for performing the services for ease of identifying their personnel.

f. In the event, any penalty is imposed by the Airport Regulatory Authority on AIESL due to not wearing of High Visibility Jacket by the employee of the successful tenderer, the same shall be paid by the successful tenderer.

g. On award of contract, the successful tenderer shall arrange Airport Entry Passes for its personnel from BCAS at its own cost. The successful tenderer’s employees entering the aircraft for Allied Maintenance Service purposes shall always carry valid passes / permits as issued by BCAS.

h. The personnel so deployed must be in possession of photo identity cards provided by the successful tenderer under its signatures, company’s name and seal apart from Airport Entry Pass issued by BCAS for Airport entry to be shown if and when demanded by AIESL’s officials.

i. The successful tenderer shall have a system to issue / retrieve AEP to / from their employees while they report or leave the AIESL / Airport premises, so as to ensure that their employees are not misusing the AEP.

j. The successful tenderer shall have a system to surrender the Expired / Lapsed / Terminated AEP of its employees to the issuing authority.

k. Any lapse noticed on the part of any employee of successful tenderer involved in theft / pilferage / malpractices shall be inquired into by AIESL Security / other officials and suitable action including legal proceedings shall be initiated for breach of contractual liability along with penal provisions of various laws.

l. The successful tenderer shall take responsibility for good conduct of its employees in AIESL / airport premises. If any of the successful tenderer’s employee is involved in any theft / pilferage of property of AIESL’s Passenger / Passenger Baggage / Cargo consignments / AIESL property also in other areas of work as assigned by AIESL, AIESL reserves the right to impose penalty on the successful tenderer apart from AIESL’s right to take appropriate legal action.

m. The successful tenderer shall also be responsible for getting all necessary clearances, if any, from Govt. Agencies / Legal Authorities including Airports Authority of India and BCAS from time to time, with regards the provisions of services.

n. It shall be the responsibility of the successful tenderer to ensure that no unauthorized personnel other than those deployed by it specifically for the services, gains access to the Airport premises where and when the services are to be provided.

o. The successful tenderer at its own cost shall obtain security clearance to comply with requirement of Rule 92, of Aircraft Rules 1937 (amended in 2004) from the BCAS Hqrs., before commencement of the work.

p. The successful tenderer shall provide to AIESL all personal details (name, father’s name, age, permanent address & present address) along with passport size photograph, of its employees, and proof of age and educational qualifications who shall be working under this contract at the respective airports. AIESL shall arrange to issue a letter of intent [LOI] on the Successful Service Provider before the release of formal contract to enable the Service Provider to apply for AEP in time before the commencement of this contract.

12. Payment:All payments to the successful tenderer by AIESL for the services rendered by it shall be subject to the following compliances by it: -

a. Monthly Bills issued by the successful tenderer shall be submitted by 25 th of the following month to AIESL authorized officials for due certification by AIESL’s General

I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

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Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015

Manager (E) or officers authorized by him and thereafter shall be parked in SAP and forwarded to GM (Finance) office for processing payment.

b. The payments shall be processed subject to successful tenderer attaching proof of compliance with all applicable labour laws & provisions.

c. AIESL shall make payment on monthly basis by an account payee cheque / ECS within 60 days of the submission of bills for the undisputed amount. The successful tenderer shall, along with its bills, submit the requisite proof of deduction and deposit of PF, ESIC, disbursement of wages pertaining to the month for which the bills are raised as per Annexure G, failing which bills shall not be processed for payment.

d. TDS shall be deducted by AIESL from the payment made against the bills, as per the applicable laws.

e. Any delay in submission of bills along with requisite documents shall cause delay in clearing the payment.

13. Penalty:Penalty shall be levied in case the successful tenderer perform with deficiency / shortcomings / failure to adhere to the tender work scope as given below

a. Deploying less than the requirement specified in Annexure D clause V a penalty of 5 times per day compensation per person shall be levied.

b. Inadequate service quality / poor service standard rendered per such incident a penalty of Rs. 500/- shall be levied.

14. Recovery of Sum Due:a. As per the contract entered between AIESL and the successful tenderer, if any sum of

money is recoverable from the successful tenderer, AIESL shall be entitled to recover such sum by appropriating in part or full from the Security Deposit already deposited by the successful tenderer or from their outstanding bills.

b. In the event of the Security Deposit being insufficient, the balance or the total amount recoverable, as the case may be, shall be deducted from any sum due to the successful tenderer, under this, or any other contract between the successful tenderer and AIESL. Also, shall this amount be insufficient to cover the said full amount recoverable, the successful tenderer shall pay to AIESL the balance amount, if any, within 30 days of the demand made by AIESL.

c. If any amount due to the successful tenderer is so set off against the said Security Deposit, the successful tenderer shall have to make good the said amount so set off to bring the Security Deposit to the original value immediately, and in any event, not later than 10 days of the depletion of the original value.

d. AIESL reserves the right to recover from the successful tenderer’s periodical payments, for any loss or damage caused to plant / equipment / machinery / building or any other property of AIESL by negligence or due to any other reason of successful tenderer’s employees, whatsoever.

15. Termination of Agreement:-a. AIESL may at any time terminate the Contract with immediate effect by giving written

notice to the successful tenderer, if the successful tenderer becomes bankrupt or otherwise insolvent, provided that such termination shall not prejudice or affect any right of action or remedy which has accrued or shall accrue thereafter to AIESL.

I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

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Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015

b. The Contract can be terminated with three months prior notice by both the parties at any time during the term of the Contract without assigning any reasons and liability on either side subject to continuity of the contract during the notice period without compromising the service to AIESL and payment as due to the Service Provider as governed by the terms and conditions of the tender.

c. In case of failure of the successful tenderer to carry out the services to the satisfaction / requirement / standards of AIESL, AIESL shall be free to get the services by some other Agency / Party at its sole discretion but at the risk and cost of the terminated vendor.

d. In case of breach of contract by the successful tenderer, AIESL shall have a right to rescind the contract at any time without assigning any reasons & without any liability to AIESL. AIESL also reserves the right to claim from the successful tenderer for any loss sustained due to unsatisfactory performance of the contract.

16. Interpretation:In the event of any difference in the interpretation of any of the clauses of the Service Contract / Agreement and / or the Tender documents, the clarification given by General Manager–E, AIESL, Mumbai, shall be final and binding.

17. Arbitration:Any dispute or differences, whatsoever arising between the parties out of or relating to the construction, interpretation, application, meaning, scope, operation or effect of the Service Agreement or validity or the breach thereof, shall be referred to “SCOPE FORUM OF CONCILIATION AND ARBITRATION –GOVT OF INDIA” and the award made in pursuance thereof shall be binding on the parties to the arbitration.

The venue of arbitration shall be at Mumbai, India and it shall be referred to a bench of three arbitrators. Each of the Party to the Contract shall select one arbitrator each and the Panel of Scope Forum of Conciliation and Arbitration shall select the third arbitrator who shall act as Chairman / Presiding arbitrator of the Arbitral Tribunal.

The arbitration proceedings shall be carried out in English and the award of the Arbitral Tribunal shall be final & binding on the Parties.

18. Jurisdiction:The construction, interpretation, validity and performance of this Contract / Agreement shall be governed by the laws of India. Any disputes arising out of implementation of the Contract between Air India Engineering Services Limited and Tenderer whatsoever shall be subject to the exclusive Jurisdiction of Mumbai Courts Only.

19. Force majeure:Neither party shall be liable for delay in performing obligations or for failure to perform obligations if the delay results from any of the following (whether happening in India or elsewhere) force majeure, Act of God or any Governmental act, fire, earthquake, explosion, accident, industrial dispute, civil commotion, or anything beyond the control of either party. The party shall use all reasonable endeavours to minimize any such delay. Upon cessation of the event giving rise to the delay the parties shall in so far as may be practicable under the circumstance, complete performance of their respective obligations hereunder.

I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

Page 18 of 29

Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015

ANNEXURE - DTender for Provision of Allied Maintenance Service Work Scope(I) Qualification criteria for personnel deployed for Allied Maintenance Service

Job Responsibility Area

Educational Qualification

Professional expertise Additional Qualification

Tradesman- Electrical (Skilled)

Diploma in Electrical Engg, Electronics or ITI with NCTVT

3 years for Diploma holders & 5 years for ITI holders

Repair and maintenance of electrical equipment, HT /LT distribution system, Industrial Wiring

Tradesman- Welder(Skilled)

ITI with NCTVT 3years for ITI holders Experience in various industrial welding

Tradesman- Mechanical (Skilled)

Diploma in Mechanical Engg or ITI with NCTVT

3 years for Diploma holders & 5 years for ITI holders

Repair & Maintenance of Hydraulic / pneumatic / automobile equipment,

Tradesman- Air conditioning (Skilled)

Diploma in Mechanical Engg or ITI with NCTVT

3 years for Diploma holders & 5 years for ITI holders

Industrial Air conditioning & refrigeration systems including comfort air conditioning

Tradesman –Painter (Skilled)

ITI with NCTVT or Diploma / Bachelor in fine Arts & painting

3 years in industrial painting

Preferably in an automobile shop

(II) Functional responsibility of personnel to be deployed for Allied Maintenance Service Tradesman:1 To independently handle the maintenance job assigned by foremen / Engineer2 Preventive & routine maintenance activity3 Check all equipment / machinery for its functionality4 Ensure all safety procedures are adopted and complied5 Painter tradesman shall prepare the surface and do all necessary jobs for painting6 Welder tradesman shall prepare the surface and ensure the weld performed are as per the

standards7 A/C tradesman shall attend to service calls

(III) Work Timings & Hours

The prevailing shift timings including cyclic shift shall be adhered, subject to change as per need. The total working hours per week shall be as per the Factories Act 1948 (48 hrs per week).

(IV) Place of work:

Any shop / Hangars in Mumbai for Allied Maintenance Service activity shall be required.

I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

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Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015

(V) Requirement:

Tradesman Requirement Electrical 3 Mechanical 4Air conditioning 1Welder 1Painter 5 Total 14

The personnel to be deployed shall be approved by GM-Engineering or his nominee after assessing his / her skills.

Service Standards:

The service rendered shall adhere to the time / process specified in the task / Job card per activity prescribed by AIESL.

I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

Page 20 of 29

Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015

Annexure - ETenderers are to submit this form duly completed & signed in a sealed envelope superscribed“Technical Bid - Part A: Tender No.: EB/GM/I-16/230 dated 22/09/2015”

Technical Bid Form - Part A

1. Name of Contract Tender for Provision of Allied Maintenance Service

2. Name of the Company / Establishment3. Full Address of Registered Office4. Telephone No. / Mobile No.5. Email id6. Fax No.7. Name of Contact Person

8.Nature of company (Whether Proprietorship Firm / Partnership Firm / Limited Company / Corporation / Any Other (Specify) (Enclose Proof)

9Particulars of Registration - Issued in the name of the tenderer

Yes / No

If Yes, give detailsNumber Date of Issue Valid upto

A Company Incorporation Certificate

BExisting Valid License (Under Contract Labour (Regulation & Abolition) Act 1970 showing up-to-date renewal. (ONLY one)

C PF Registration certificate

D ESI Registration certificate with the seventeen digit code allotment letter

E PAN / GIR NO.F Service Tax Registration No.

G VAT Registration No.

H Registration with other Agencies ,if anyI BCAS Clearance certificate with validity

J AAI approval to render Service at Mumbai Airport (if already in place)

10a. Experience in Allied Maintenance Service of any Airlines

 

10b. Copies of 3 Contracts in support of 10a, duly certified by hiring company / self-attested enclosed

11a. Total Number of personnel employed presently at Mumbai: _________________________11b. Wage sheet for the month of March 2015 enclosed for one client or one station where ESI / PF is applicable: YES / NO 11c. Mar’15 Service Tax returns: Yes / NO11d. Half yearly ESI Returns for the period ending March 2015: Yes / No11e. Annual returns for Provident Fund for the year ending March 2015: Yes / No11f. IT Returns for the assessment Year 2014-15 Yes / No11g. .Tender document signed, stamped and duly completed in all aspects. Yes / No12a. Annual Turnover for previous Financial Year (2013-2014): Rs________(in Lakhs)I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

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Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/201512b. Copy of Balance Sheet and P&L Account for the Financial Year (2013-2014) duly signed by Proprietor / Director enclosed: YES / NO13. Annual Turnover pertaining to Business of providing Allied Maintenance Service for Financial Year (2013-14) if any (Auditors Certificate) Rs________________14. Earnest Money Deposit Details:

 Amount Name of Bank Demand Draft No. & DateRs. 2,00,000 / -

15a. has any Director / Partner / Proprietor been convicted any time by court of law/ YES / NO (If yes, give details)15b. has your company been Blacklisted by any agency of the airport or elsewhere/ YES / NO (if Yes, give details) 16. Details of Allied Maintenance Service experience during last year (A separate sheet may be enclosed for these details together with a copy of contract)S.No. Name Of

ContractName & Address of Scheduled Operator Served

Period of Contract (From…to…. )

No. of Personnel Employed

Annual Value Of Contract

IIIIIIIV

 17. Any other information which the tenderer may like to furnish, separate sheet may be enclosed.In support of above information self-attested copies of all Documents, wherever required be enclosed.

18. CHECK SHEET : Following Documents must be attached with Technical Bid (Annexure-E)

Yes

No

Pg.NO

Weightage Point to be filled by AIESL authorities

1. EMD Rs. 2,00,000 / - (DD / Pay order)

2. Self-Attested copies of:-

A) Certificate of Incorporation 0 or 5

B) Existing Valid Contract Labour license – (Copies of Only One Valid Licence Only) (with up to date renewal)

0 or 5

C) PF Registration in the tenderer’s name 0 or 5

D) ESI Registration in the tenderer’s name along with seventeen digit allotment letter

0 or 5

E) PAN / GIR No. 0 or 5F) Service Tax Registration 0 or 5G) VAT Registration 0 or 5H) BCAS Clearance certificate 0 or 5

I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

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Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015I) AAI’s approval for rendering Service at Airport if in place 0 or 5

J)

Wage disbursement for Mar’15 only (restricted to any One Station / any One Client Only) where ESI / PF is applicable where ESI / PF is applicable. In the case of bank transfer, supporting documents to be attached

0 or 5

K) PF Returns for the year ending March 2015. 0 or 5L) ESI half yearly Returns for the period ending March 2015. 0 or 5M)

IT Returns for the assessment Year 2014-15 0 or 5

N) Service tax returns for last six monthly returns only Mar’15 0 or 5O) Original copy of Authorized SignatoriesP) Registration with any other Agency(Please Specify Details) 0 or 5

3.

Copy of audited Balance Sheet and P&L account for Financial Year 2013-14 duly signed by Proprietor / Director

0 or 5

4.

Copies of 3 Contracts depicting the experience, duly certified by hiring company / self-attested

0 or 5

5. Company Profile

6.

List of other Airlines where similar services are provided currently with Tel. No. & contact person

1.Submission of Indemnity Bond on non-judicial Stamp paper of Rs. 200 / - duly notarised.

0 or 5

2.Tender document duly signed, stamped and completed in all aspects (pages 1 – 28)

0 or 5

7.

Soft copies in PDF format of the all signed documents duly scanned shall be provided in a CD along with Technical Bid duly marked so.

0 or 5

Weightage point table is as underS.No Point for correct submission Points for incorrect /

incomplete / Non submission01 5 0Maximum points 100.Qualifying points shall be 85 as per the checklist documentsUNDERTAKINGS: (To be agreed and signed by the tenderer)

1) It is confirmed that if the LOI is awarded by AIESL to us, tenderer shall obtain Form-V from AIESL and arrange license under Contract Labour (Regulation & Abolition) Act, 1970 issued by the Competent Authority within One Month& deposit a copy with AIESL at the time of commencement of the works. In the event of the Service Provider not be covered by the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 for any reason whatsoever, the Service Provider shall obtain a letter from the concerned labour authorities confirming the same.

2) It is confirmed that the registrations and licenses under all the applicable local and central taxes and laws and to be specified separately under each applicable tax / law / act (i.e. Service Tax / Work Contract Act / Provident Fund Act / Establishment Act / ESI Act / Income Tax Act / Import etc.) shall be produced for verification / checking of AIESL or to third party authorized by AIESL / Law abiding agencies of Govt. of India.

3) It is agreed that the requisite work as per enclosed work scope would be completed to the satisfaction of AIESL.

I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

Page 23 of 29

Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015

4) It is agreed that the spot surprise checks could be conducted by AIESL / third party authorized by AIESL, anytime and shortcomings are to be penalized.

I have carefully gone through and have understood and hereby agree to abide by all the General Terms & Conditions, Work scope and Specifications governing the tender. I hereby confirm that I am authorized to sign the tender document and the information given in the tender is true and correct to the best of my knowledge and belief and nothing material is concealed. All the pages of the Technical Bid (Annexure ‘E’) are to be signed and any overwriting also to be signed I am submitting a soft of copy of all scanned documents & enclosures of technical bid marked Tech Bid CD.

Date : ___________ Signature_______________________________ Place: ___________   Name & Designation:- ___________________

Co. Name & Seal:________________________

I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

Page 24 of 29

Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015

Annexure - FINDEMNITY BOND

THIS INDEMNITY BOND is executed on this ______th Day of _________________20__ ,by_______________________________________________________________________________________________________________________________________ having, it Registered Office at____________________________hereinafter referred to as Service Provider (which expression shall unless it be repugnant to the context to the meaning thereof shall be deemed to mean and include its successor and assigns). Whereas ______________(name of the Service Provider) shall enter into an agreement with Air India Engineering Services Limited, a Company hereinafter referred to as "AIESL" incorporated in New Delhi under Companies Act, 1956 having, its Headquarters at Airlines House, 113, Gurudwara Rakabganj Road, New Delhi-110 001 (which expression shall unless it be repugnant to the context to the meaning thereof shall be deemed to mean and include its successors and assigns)And whereas the Service Provider by means of an agreement shall provide Allied Maintenance Service to AIESL at Mumbai Airport.1. In terms of Clause 8 in Annexure C of the terms and conditions specified in the Tender

Document EB/GM/I-16/230 dated 22/09 /2015 the Service Provider agrees to undertake to keep AIESL indemnified against any claims / cost / damages and penalties in respect of breach of any Labour Laws both Central and State.

2. In terms of Clause 8 in Annexure C of the terms and conditions specified in the Tender Document the Service Provider agrees to be responsible for ensuring the compliance of Labour Laws both Central and State especially, but not limited to Employees State Insurance Act, 1948 and Workmen's Compensation Act, 1923, Employees Provident Funds & Miscellaneous Provisions Act 1952, Payment of Wages Act 1936, Minimum Wages Act, 1938, Contract Labour (Regulations and Abolition) Act, 1970, Employers' Liability Act, 1938, Maternity Benefit Act, 1961 and Bombay Labour Welfare Fund Act, 1953 as applicable from time to time and further shall be solely responsible for any cost and consequences on account of any breach and / or non-compliance of any other provisions of Labour Laws and shall indemnify AIESL against any claim / cost / remedies and penalties in respect of breach of any of the provisions of Laws in force.

3. It is further agreed that the Service Provider shall, within One Month from the receipt of LOI (letter of intent), obtain Form-V from AIESL and arrange license under Contract Labour (Regulation & Abolition) Act, 1970 issued by the Competent Authority & deposit a copy with AIESL at the time of commencement of the work.In the event of the Service Provider not be covered by the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 for any reason whatsoever, the Service Provider shall obtain a letter from the concerned labour authorities confirming the same.

4. It is further agreed that the Service Provider shall indemnify AIESL against any claim / s with regard to Minimum Wages Act, Payment of Wages Act, Provident Fund Act, ESI Act, Contract Labour (Regulations & Abolition) Act, Workmen Compensation Act, Mumbai Labour Welfare Fund Act, any Acts / Laws prevailing during the validity of the contract applicable to the Service Provider and other emoluments / allowances payable to the workmen deployed by the Service Provider during the validity of the Contract. The Service Provider confirms that all records of payments including Wage Registers / Muster Roll / Bank Clearance Statements / Overtime incurred penalties and advances if any in respect of the workmen engaged by the Service Provider shall be maintained and produced as and when required by the AIESL and / or any other third party including Government Agencies / Authorities.

5. All payments shall be made to the workmen deployed by Service Provider on a monthly basis. Attendance register incorporating all details of attendance in respect of the workmen deployed by them is to be maintained. The Tenderer shall ensure that the disbursement of wages to the

I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

Page 25 of 29

Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015

persons deployed / engaged by them shall be made on or before the 7 th of each month. Payments are to be made each month in the presence of a nominated representative of the Management of the company. The signature of the nominated representative shall be obtained on the salary sheets, date of disbursement to be indicated and official stamp to be affixed.

6. The Tenderer shall strictly ensure that Minimum Wages as stipulated by the appropriate Government is paid each month to the workmen deployed by them. The Tenderer shall issue salary slips to each of the workmen engaged by them every month in respect of the wages paid. The Tenderer shall ensure that the workmen deployed by them are granted a paid weekly off. This shall be a mandatory compliance.

7. The Service Provider further confirms that necessary ESI / PF payments in respect of the workmen engaged by the Service Provider shall be made during the tenure of the contract within the time schedule as specified under the applicable Acts and further indemnifies AIESL against any claim / s and liabilities arising out of the contract during the validity of the contract.

8. The Service Provider also confirms that the relevant records pertaining to half yearly returns in respect of ESI and Annual returns in respect of PF filed by the Service Provider shall be submitted to the AIESL from time to time. The Service Provider also undertakes to produce the relevant documents in respect of the various returns and the payments made during the tenure of the contract in respect of the workmen engaged by the Service Provider before any third party, Government Agency / Authority. The Service Provider also confirms that the Service Provider shall maintain all records relevant to the record of ESI / PF deductions / deposits made and shall produce the same before the AIESL as and when required and / or required by any third party, Government Agency / Authority.

9. The Service Provider hereby indemnifies and agrees to keep the AIESL indemnified, during the period of the contract and even thereafter, to make good any losses, payments, penalties incurred by the AIESL on account of non-compliance of whatsoever nature on the part of the Service Provider in the matter of all applicable legislations with regard to his employees deployed on contract awarded to them by the AIESL.

10. We indemnify AIESL / Air India Ltd and its other subsidiaries against any claim from ESI Authorities / PF Authorities and / or any other statutory bodies under various labour laws relating to claim with regard to the workmen deployed by us. We further indemnify AIESL / Air India Ltd and its other subsidiaries against any losses that may accrue / occur on account of any vigilance case / s filed / to be filed by ESI Authorities / PF Authorities and / or any other statutory bodies under various labour laws.

11. The service Provider hereby indemnifies and agrees to keep AIESL indemnified, during the period of the contract and thereafter to make good any losses, payments, penalties incurred by AIESL due to non-compliance by the service provider of any of its obligations mentioned under the contract.

12. The Service Provider hereby indemnifies and agrees to keep the AIESL indemnified, against any clause elsewhere as referred to in this tender document No.EB/GM/I-16/170 which specifies so.

Signed, Sealed & DeliveredWithin the named___________________________________________________________Through their Director / Proprietor / Representative.

Witness:1.2.

I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

Page 26 of 29

Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015

ANNEXURE - GFormat for proof of payment of ESI / PF

Self-Certification for payment of ESI / PF as per format given shall be submitted with the monthly bill. "Certified that We, ………………………………………………………………………Service Provider, under Contract No………………… have made full (both employers and employees share) Contributions towards ESI / PF, in respect of personnel engaged by me / us under the said contract to ESI / EPF Commissioner on ………………"

ESI PAYMENT DETAILS: Month Total no. of

workers engaged

Total workers covered under ESI

Total ESI payable @ 6.5% (4.75% + 1.75%)

Total amount of ESI paid

ESI paid vide challan dated

Remarks

Month Penalty payment if any for the month of _________________paid vide challan datedPF PAYMENT DETAILS:

Month Total no. of workers engaged

Total PF payable @ 12% of Basic & DA.

Total amount of PF paid

PF paid vide challan dated

Remarks

Month Penalty payment if any for the month of _________________paid vide challan dated

(Signature of the Service Provider)

Name:__________________Stamp:Date:Encl:

ESI Challan PF Challan Penalty Challan ESI / PF List of workers engaged for AIESL for the month of _____________ Muster roll for the month of ________________ Wage Register / Bank clearance statement (if payment through ECS) for the month of

______________________

TO BE FILLED IN BY THE USER DEPARTMENT / STATION MANAGER:

It is to certify that all the above mentioned documents for the month of ___________ have been received along with the bills for the month of __________

Signature of the Representative from the User Department / Station.Name:

Designation:

Stamp:

I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

Page 27 of 29

Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015

Annexure - H(Tenders are to be submitted in this form duly completed & signed in a sealed envelope superscribed) "Price Bid – Part-B : Tender No.: EB/GM/I-16/230 dated 22/09/2015”

Price Bid Form - Part B1. Name of the Contract Tender for Provision of Allied Maintenance Service2. Name of the Company /

Establishment3. Address4. Telephone No. Mobile No:5. Fax No.6. Name of Contact Person:7. E-mail

 Applicable Minimum Wage Component as per State rules for Factory premises

SN Particulars Minimum wages (Basic +DA) per person per month

EPF 13.36% on Minimum Wages per month

ESI 4.75% on Minimum wages per month

Total Wages payable per person per month

1 Skilled Personnel

5500+2808.75=8308.75 1110.04 394.66 9813.45

The minimum wages shall be as per state government rules for type of personnel requested and shall be reimbursed as per the rate applicable at the time of payment.

Note:Minimum Wage applicable for factory premises as per State Rules.No Escalation to be applied on minimum wages as the Minimum wages shall be reimbursed as per prevalent wages at the time of disbursement.All calculation shall be 6 day work per week patternBonus under Payment of Bonus Act, 1965 is required to be paid to employees whose salary (Basic) is of less than Rs.10000.00 per month during the accounting year for which bonus is to be paid as per rules.EPF and ESI online payment proof also to be submitted.

Party need to quote only the amount based on which the L1 shall be arrived at.Head Amount per person per

month in FiguresAmount per person per month in word

Service charges

Note: The service provider charges shall include the service provider margin, worker uniform, safety shoes, approved high visibility Jackets, uniform maintenance charges, other expenses if any etc.

Reimbursable component of levies against proof of payment

Service Tax as applicable 14%I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

Page 28 of 29

Engineering Department, New Engineering ComplexSahar, Vile Parle East,

Mumbai-400 099Enquiry Ref: EB/GM/I-16/230 Date: 22/09/2015Airport Royalty on Service charges component only

As applicable for Air India Limited in Mumbai

PS. Overall L1 party shall be decided on the Service provider charges and percentage indicated against the other charges component only.Undertaking:

1. I have carefully gone through and have understood the General Terms & Conditions, Workscope of the tender.

2. The Price bid shall be valid for 120 days from the last date of opening of Technical Bid Part A.

3. I hereby confirm that I am authorized to sign the tender document.4. All the pages of the Price Bid (Annexure-H) i.e. are to be signed including any overwriting. 5. Submitting a soft copy of the filled in Price bid in excel format in a CD enclosed along with

this.Date : _____________ Signature:____________________________Place :____________ Name: ______________________________

Designation: _________________________Company Name & Seal:___________________

I /We agree to comply with all terms and conditionsSignature and Stamp of Bidder

Page 29 of 29